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2007/11/12COUNCIL MEETING Monday, November 12, 2007 Order of Business and Agenda Package The City of Niagara Falls Canada COUNCIL MEETING November 12, 2007 PRAYER: Councillor Kerrio 0 CANADA: Anne Marie Maloney and Antoinette Lambert will sing the National Anthem ADOPTION OF MINUTES: Council Minutes of October 29, 2007 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 Business Recognition Awards Mayor Salci will make presentations to the following businesses: Bissell Limited -100 Years; Niagara Protective Coatings 50 Years; OxyVinyls Canada Inc 50 Years; Brunner Manufacturing Sales Ltd 25 years; Old Country Woodworking 25 years; Applied Strobe Technology Ltd 25 years; and Edscha of Canada Ltd 20 Years. Green Municipal Fund Peter Papp, Executive Director of Opportunities Niagara will make a presentation to Council regarding the update on Niagara's Submission to the Federation of Canada Municipalities, Green Municipal Fund, Transportation Project. 2 RESOLUTIONS 1. THEREFORE be it resolved that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the change to the proposed Official Plan and Zoning By -Law for application numbers AM- 38/2006 regarding Thundering waters Village is minor in nature and does not require any further notice. PLANNING MATTERS AM- 38/2006, Zoning By -law Amendment Application Thundering Waters Village Residential Development Drummond Road (East Side) /6000 Marineland Parkway Owner: Fallsview Golf Inc. (Mario D'Uva) Modifications to Council Approval Resolution Background Material: Recommendation Report: PD- 2007 -92 and Correspondence from Broderick Partners MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. New Years Eve 2007 request for use of pyrotechnic fireworks display at the Skylon Tower for this New Years Eve 2007. RECOMMENDATION: For the approval of Council. 2. Juvenile Diabetes Research Foundation request to proclaim November 14, 2007 as World Diabetes Day. RECOMMENDATION: For the approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 3 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2007 -17 Appointment of Closed Meeting Investigator F- 2007 -41 Municipal Accounts HR- 2007 -08 Appointing a designated "Agent" re: Ontario Municipal Retirement System (OMERS) MW- 2007 -125 Tender T19 -2007 New Equipment Purchase MW- 2007 -126 Deerfield Estates Subdivision Payments for Servicing Oversizing No. 2 MW- 2007 -127 Order to Connect to Sanitary Sewer System, 5499 Kalar Road Royal Auto Parts Recycling MW- 2007 -128 Transfer of Ownership Local Pumping Stations, Neighbourhood of St. David's /Calaguiro Estates Mewburn Road PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matters and by -laws. 1. Chief Administrative Officer L- 2007 -51 Declare Surplus, Lands adjacent to MacBain Community Centre (File No. 2007 -355) 4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007-.222 A by -law to declare a portion of Part Township Lot 163 Stamford; Part Township Lot 170 lying east of Montrose Road except Part 4 on RD -91 and Part 1 on 59R -830, in the City of Niagara Falls, surplus 2007 -223 A by -law to authorize the execution of an Agreement with Pathway Tours respecting the use of the Niagara Falls Memorial Arena for concert productions 2007 -224 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition 2007 -225 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 -226 A by -law to authorize the execution of an Agreement with The Board of Management of the Fallsview Business Improvement Area, respecting its contribution to the funding of the Niagara Convention and Civic Centre 2007 -227 A by -law to authorize the execution of an Agreement with The Board of Management of the Victoria Centre Business Improvement Area, respecting its contribution to the funding of the Niagara Convention and Civic Centre 2007 -228 A by -law to authorize the execution of an Assignment with Niagara Convention and Civic Centre Inc., respecting the assignment of the Option Agreement between The Monastery of Mount Carmel and Niagara Convention and Civic Centre Inc 2007 -229 A by -law to authorize the execution of an Assignment with Niagara Convention and Civic Centre Inc., respecting the assignment of the Option Agreement between 1149948 Ontario Limited and Niagara Convention and Civic Centre Inc 2007 -230 2007 -231 A by -law to amend By -law Nos. 79 -200 and 395, 1966, to put the property under By -law No. 79 -200 and provide regulations for the expansion of the parking lot associated with the restaurant on the property (AM- 15/2007) A by -law to provide for the approval of Amendment No. 75 to the City of Niagara Falls Official Plan (AM- 15/2007) 2007 -232 5 A by -law to amend By -law No. 79 -200, to add a health centre as a permitted use on the property and to recognize previously approved minor variances (AM- 17/2007) 2007 -233 A by -law to amend By -law No. 79 -200, to allow uses permitted by the R3 zone subject to site specific regulations.(AM- 22/2007) 2007 -234 A by -law to amend By -law No. 79 -200, to permit the residential use of land north of Lundy's Lane, west of Beaverdams Road and south of Spring Blossom Drive (AM- 25/2007) 2007 -235 A by -law to provide for the approval of Amendment No. 77 to the City of Niagara Falls Official Plan (AM- 38/2006) 2007 -236 A by -law to amend By -law No. 79 -200, to permit a residential condominium development within an existing golf course on the eastside of Drummond Road, south of McLeod Road and southwest of Marineland Parkway (AM- 38/2006) 2007 -237 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) (Main Street) 2007 -238 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) (Belfast Avenue) 2007 -239 A bylaw appointing the City's agent for the employee pension plan 2007 -240 A by -law to authorize the payment of $22,333,143.66 for General Purposes 2007 -241 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12' day of November, 2007 NEW BUSINESS (10/16/2007) Anna Morocco Re: National Anthem Singers From: Dean Iorfida To: Laurie CC: Anna Morocco; Roz Llewellyn Date: 10/16/2007 2:37 PM Subject: Re: National Anthem Singers Hi Laurie: Thanks for the names. Perfect. Please advise all of the participants that Council meetings start at 7:00 p.m.; therefore, they should be there 10 or 15 minutes prior. I wont know the 2008 schedule until later in the year but will advise you of the dates once approved. Anna, please keep a copy in our files for noting on the agenda. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Laurie" <tanez @cogeco.ca> 10/15/2007 9:42 PM Hi Dean: I have booked the following singers for the following dates. Can you please tell me what time the singers should be at City Hall and the dates of meetings in the new year so that I can book those dates as well? November 12th: Anne Marie Maloney and Antoinette Lambert Biographies Ann Marie Maloney is a teacher with the Niagara Catholic District School Board. She and her husband Keith are the proud parents of two beautiful girls Melody and Anna. A singer since the age of six years, Ann Marie's passion and love is music and children. Antoinette Lambert is a teacher and Program Chair for the International Languages and Arts Department at St. Paul High School. The identical twin of Ann Marie Maloney, Antoinette and her husband are the parents of two wonderful children, David and Giulia. Antoinette and her sister enjoy singing at many functions within the community. November 26th: Spencer Cappellazzo. Bio to follow December 10th: Silver Mist Productions will provide a singer. Bio to follow Regards, Laurie Crain -Anez Arts and Culture Committee Page 1 (10/24/2007) Anna Morocco 5 minute presentation to council From: "McLaren, Dianne" dianne. mclaren @regional.niagara.on.ca> To: <diorfida @niagarafalls.ca> Date: 10/24/2007 1:24 PM Subject: 5 minute presentation to council Dear Mr. Iorfida: Peter Papp, Executive Director of Opportunities Niagara would like to attend your Council Meeting on November 12, 2007 to give a small presentation (5 minutes) regarding the update on Niagara's Submission to the Federation of Canadian Municipalities -Green Municipal Fund Transportation Project. There will be no PowerPoint Presentation. He will just be talking to council members. Could you please advise if it would be possible to put this on your Agenda for that evening? Thank You Dianne McLaren Executive Assistant Opportunities Niagara 905 688 -7496 dianne .mclaren @regional.niagara.on.ca The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 11 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Official Plan and Zoning By -Law Amendment Application AM- 38/2006 dealing with the proposed residential Development (Singles, Townhouses, Apartment) of Thundering Waters Village at 6000 Marineland Parkway /Drummond Road (East Side) was approved by City Council on September 24, 2007; and WHEREAS the September 24th, 2007 meeting complied with the requirements of the PlanningAct to hold one statutory public meeting and associated notice provisions; and WHEREAS the developer has subsequently requested changes reflecting the refinement of the development that do not substantively change Council's approval of the proposal, as outlined in report PD- 2007 -92. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the change to the proposed Official Plan and Zoning By -Law for application numbers AM- 38/2006 regarding Thundering waters Village is minor in nature and does not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR November 12, 2007 PD- 2007 -92 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -92 AM- 38/2006, Zoning By -law Amendment Application Thundering Waters Village Residential Development Drummond Road (East Side) /6000 Marineland Parkway Owner: Fallsview Golf Inc. (Mario D'Uva) Modifications to Council Approval Resolution RECOMMENDATION: NiagaraFalls 1. That Council pass the amending by -law (and approve Official Plan Amendment No. 77) on tonight's agenda to provide site specific R1 D, R3 and R5F residential zoning on the land with a "Holding" (H) provision to address industrial compatibility requirements and also the EPA zone for Block A and conservation easement land within the development. That Council determine by resolution that the changes outlined in this report and contained in the by -law are minor and do not require further public notice. BACKGROUND: On September 24, 2007, Council considered report PD- 2007 -78 on Official Plan amendment and Zoning By -law amendment applications for a proposed residential development with a mix of dwelling types over portions of the existing Thundering Waters golf course. The subject land is shown on Schedule 1. This proposed condominium includes 85 single- detached Tots, 35 townhouse dwelling units and a 10- storey apartment building containing 150 units (the plan layout is shown on Schedule 2). Staff recommended that Council approve the applications as detailed in the report to address such matters as dwelling setbacks, tree preservation and industrial compatibility issues. The Council motion was to move the staff recommendation. At the Council meeting, the applicant's solicitor requested that the rear yard depth of the single- detached lots be reduced to zero. There was no discussion on this request and the motion of Council did not include this variation from the staff recommendation. The developer met with staff to discuss their request to reduce the rear yard depth to zero. This reduction is needed from the applicant's standpoint to accommodate proposed rep 0 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 12, 2007 2 PD- 2007 -92 dwelling designs on the wide but shallower lots in the north central part of the plan abutting existing trees. A key issue for the development and from the resident's perspective was the protection of this tree line. The proposed plan was revised to include a "conservation easement" for the trees and Block A (abutting the hydro corridor) for the possible natural regeneration of trees in this open space. In order to protect this tree area from residential construction and activity impacts as well as provide a private rear yard amenity area for residents, staff recommended a 7.5 metre (24.6 foot) setback from the boundary of the conservation easement (land which is to be zoned Environmental Protection Area EPA). In a letter dated October 31, 2007 (attached), the applicant's solicitor has requested a change from Council's approval for the setback from the conservation easement on selected Tots in the north section of the plan. A setback of 3.75 metres (12.3 feet) is requested for Lots 21 to 31 (inclusive) from the conservation easement boundary. Further, an increased side yard width (7.5 metres /24.6 feet) is proposed on one side of Lots 22 to 30 (inclusive). These zoning provisions should address the protection of the treed area for the Tots and provide a private amenity area at the side of the widest lots. This is in keeping with staffs original recommendation. In addition, during the preparation of the zoning by- law, staff incorporated refinements to the zone descriptions (R1 D and R3), the requirements for accessory buildings and accessory structures as well as building encroachments. These are reflective of the development and protect the trees. There is no change in the proposed land uses. CONCLUSION: The requested revisions to Council's original approval are acceptable in staff's opinion as the planning principles of tree protection and provision of an amenity area for the lots are addressed. The changes noted in this report are included in the by -law appearing on tonight's Council agenda. These modifications are minor in nature and staff recommend that further public notice under the Planning Act is not required. Recommended by: Approved by: Respectfully submitted: :gd Attach. S: \PDR\20071PD- 2007 -92, AM -38 -2006, Thundering Waters- Modifications to Council Approval.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, 'Execu we Director of Community Services MacDonald, Chief Administrative Officer Official Plan Amendment and Zoning By -Law Amendment Applications Thundering Waters Village AM- 38/2006 Subject Land Applicant: Fallsview Golf Inc. SCHEDULE 1 Location Map uI X1111111111■ �Il liiilllllllllll lllillj,,` i 11 111 1111 bob 1111 tft 111 1 11111 III 111 I j 'vm ■11I� i ��lllllll rIP�j���� 0111 IC Os �Illililll /I// #i t 4% t i E C 11 A„ 7:11; .111111 �uLC• al;� r T mill ail kw alum 111 ill MANS efil IIIIIIIIIIIIIIIIIIIIllhumululllilllllmnt' s OLDFIELD RD glom NMI M g R I F <4 N A Qv 1:NTS September 2007 CVOS (1NORRQlQ snypve sa417 6V weltwo SCHEDULE 2 w 0 p'rtpe uro t pe pue pe 6 peredaids� 6u S'N ZOZ 'oN CO21d urcry p�ug6ey',(ro R.ueV:MsnnS ele0 d NLL 6uOZ E8 OYN W1N m 8 g 0 Z 31 -Oct -2007 04:29pm From- Broderick Partners 4625 ONTARIO AVE. P.O. BOX 897 NIAGARA FALLS, ON CANADA 1 6V6 TEL (995) 356.2621 FAX (905) 3566904 broderlakparcnerta.com J.J. BRODERICK LawSoctety Corttllud CM Litigation Speolallet W.A. AMAMO 3,B, HOPKINS G.A. KIRKHAM I.M. GILBERT! Plum In Italian French R. B. BURNS E.P. LUSTIG M. AWGIROLAMO 0. F. MAR.INELLI (1945.1907) R AJ October 31, 2007 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. Alex Herloviteh Dear Mr. Herlovitch: 905 356 6904 PMAAWI 614r1RW_WWL tuna Broderick&Partners LL Effective legal service in Niagara since 1951 T -960 P.002/003 F -493 RECEIVED NOV 01 2007 PLANNING DEVELOPMENT A Re: Fallsview Golf Inc. PD- 2007 -78 AM- 32/2006, Official Plan Zoning By -Law Amendment Application Thundering Waters 'Village 6000 Marinland Parkway /Drummond Road (East Side) Proposed Residential Development (Singles, Townhouses, Apartments) Our File No.: 060471 We confirm our attendance and submissions made to City Council on September 24, 2007 with respect to the above -noted matter. It appears that some confusion has arisen with respect to the approval that was granted by City Council. As you are aware, we made submissions on our client's behalf requesting that certain setbacks be amended from those listed in the Staff Report. We are now advised that City Council did not clearly direct the motion that was passed to include our requested submissions although we thought that they had successfully considered same. As a result, we kindly ask, rather than requesting City Council to reconsider our previous submissions, that the setbacks which we requested be amended to 0 feet for the rear yards of proposed lots 21 through 31, inclusive, be amended to 3.75m rear yard setbacks from the Conservation Easement for these same lots. Given that additional space is available for the sideyards of proposed lots 22 through 30, inclusive, we also kindly request, that one sideyard setback for each of these lots be amended to 7.5m, rather than 1.8 in, which will compensate for the smaller rear yard setbacks for these lots, than what was suggested in the Staff Report. We further kindly request that you provide your draft Staff Report and proposed Zoning By -law and Official Plan Amendment for our review, at your earliest opportunity, before this matter proceeds to City Council for consideration on November 12, 2007. 31 -Oct -2007 04:29pm From- Broderick Partners Given the proposed amendments are minor in nature, we kindly request that they be submitted to City Council, without the necessity of any further notice to the public. We thank you for your attention and your co- operation and apologize for the confusion created. Yours very truly, cc. Messrs. Matovic and D'Uva Mr. Rick Brady Mr. Dean Iorfida Mr. Rick Wilson -2- 905 356 6904 T -960 P.003/003 F-493 31- Oct -200T 04:28pm From- Broderick Partners 4625 ONTARIO AVE. P.O. BOX 897 NIAGARA FALLS, ON CANADA L2E 6V6 October 31, 2007 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 TEL (905) 356.2621 FAX Attention: Mr. Alex Herlovitch Drodoriokpartuera,com Dear Mr. Herlovitch; 905 356 6904 BAKK151 ki1S ANU SUL1LI UK3 Broderick &Partners LLP Effective legal service in Niagara since1951, T -960 P.002/003 F -492 Re:. Fallsview Golf Inc. 1.1. BRODEsRICK PD- 2007 -78 p,c.,t,.s.>e. AM- 32/2006, Official Plan Zoning By -Law Amendment Application law Sodas Certified 4[trll LhtgatloeSpeciallet Thundering Waters Village 6000 Marinland Parkway /Drummond Road (East Side) W.A. AMMO Proposed residential Development (Singles, Townhouses, Apartments) J.B. HOPKINS Our File No.: 060471 G.A. KIRKHAM We confirm our attendance and submissions made to City Council on September 24, I.M. GaBERT' 2007 with respect to the above -noted matter. it appears that some confusion has arisen Fluent tu Italian &Freals with respect to the approval that was granted by City Council. As you are aware, we R. B. MANS made submissions on our client's behalf requesting that certain setbacks be amended from those listed in the Staff Report. We are now advised that City Council did not E.P. LUSTIG clearly direct the motion that was passed to include our requested submissions M DIAIROLANiO although we thought that they had successfully considered same. As a result, we kindly ask, rather than requesting City Council to reconsider our previous submissions, that the setbacks which we requested be amended to 0 feet for the rear yards of D. F. MARINELLt proposed lots 21 through 31, inclusive, be amended to 3.751n rear yard setbacks from (1945 -1997) the Conservation Easement for these same lots. Given that additional space is available for the sideyards of proposed lots 22 through 30, inclusive, we also kindly request, that one sideyard setback for each of these lots be amended to 7.5m, rather than 1.8 m, which will compensate for the smaller rear yard setbacks for these lots, than what was suggested in the Staff Report. We further kindly request that you provide your draft Staff Report and proposed Zoning By -law and Official Plan Amendment for our review, at your earliest opportunity, before this matter proceeds to City Council for consideration on November 12, 2007. 31- Oct -200T 04:28pm From Broderick Partners 905 356 6904 Given the proposed amendments are minor in nature, we kindly request that City Council, without the necessity of any further notice to the public. We thank you for your attention and your co- operation and apologize for the Your very truly, IMG/blj cc. Messrs. Matovic and D'Uva Mr, Rick Brady Mr. Dean Iorfida Mr. Rick Wilson -2. T -960 P.003/003 F -492 they be submitted to confusion created. Dean Iorfida NYE fireworks Sky lon Tower From: Nancy Benedict <nbenedict@fxworxinc.com> To: <diorfida@city.niagarafalls.on.ca> Date: 10/31/2007 7:54 AM Subject: NYE fireworks Sky lon Tower CC: Lee Carr <lcarr@skylon.com> Dear Mr. Iorfida, FX WORX INC. would like to make application to City council for a public fireworks display at the Sky lon Tower for this New Years Eve 2007. Thank you very much for your attention. Regards, Nancy Benedict President FX WORX INC. 905-304-1348 nbenedictfxworxinc.com Page 1 of 1 file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\472834A8Doma... 10/31/2007 JDRF Juvenile Diabetes Research Foundation dedicated to finding a cure October 29, 2007 The Office of the Mayor The City of Niagara Falls 4310 Queen St PO Box 1023 Niagara Falls, ON Canada L2E 6X5 Dear Mayor Salci, On behalf of the Juvenile Diabetes Research Foundation, the International Diabetes Federation, and diabetes organizations worldwide, we are writing to request a proclamation from Niagara Falls in support of UN Resolution 61/225 'World Diabetes Day' (enclosed here for your convenience). As you can see, the Resolution designates November 14 as World Diabetes Day, as an officially observed United Nations day to be observed every year from 2007. The Resolution calls on relevant local, national and international bodies to fight the diabetes epidemic through public awareness and the development of policies for the prevention, treatment and care of the disease. Currently, it is estimated that 246 million people worldwide have diabetes. In Canada, more than 2 million Canadians have some form of diabetes. According to the most recent studies, the diabetes epidemic is taking a large and growing toll as debilitating complications, and hospitalization costs soar. The Resolution recognizes the urgent need to pursue multilateral efforts to promote and improve human health, and provide access to treatment and healthcare education. We believe that access to diabetes care and education is a right for those with and at risk of diabetes. All people with diabetes or at risk of diabetes should have the best quality of education and care that their country can provide. On November 14 we would like to plan a series of activities to celebrate the first United Nations observance of World Diabetes Day. There are activities planned in many communities in Ontario including Niagara Falls and the CN Tower being lit with blue lights to represent diabetes and blue "human circles" to show support for people living with diabetes. We would like to extend an invitation to you and representatives from your office to join us in celebrating World Diabetes Day and present the proclamation from the City of Hamilton in support of the UN Resolution on Diabetes. We have attached suggested language for a proclamation and additional information on the UN Resolution on Diabetes and World Diabetes Day. Should you have any questions regarding our request, please feel free to contact Susan Austin at the JDRF chapter office, 905- 333 -4660. We look forward to your response and hope we can work with you to highlight this important dayl Sincerely, Martin Silink, MD Todd Millar President President International Diabetes Federation Juvenile Diabetes Research Foundation Canada PROCLAMATION WHEREAS, over 200,000 children and adults including thousands of people living in Ontario have diabetes, a serious disease that has no cure; and WHEREAS, the cost of diabetes to the Province of Ontario has been estimated at 13.2 billion annually; and WHEREAS, more than 2 million Canadians have some form of diabetes, and WHEREAS, Canada has third highest occurrence rate of Type 1 diabetes in children 14 years or younger in the world with an occurrence rate that is rising by 3 5% per year; the greatest rise occurs in 5 9 year olds; and WHEREAS, an increase in community awareness of risk factors and symptoms related to diabetes can improve the likelihood that people with diabetes will get the attention they need before developing the disease and its devastating complications; and WHEREAS, The United Nations General Assembly has designated the current World Diabetes Day, November 14 as a United Nations Day, to be observed every year beginning in 2007; and WHEREAS, The United Nations invites governmental and non governmental organizations to observe World Diabetes Day in order to raise public awareness of diabetes and its related complications; and WHEREAS, The United Nations encourages supporters of the UN Resolution on Diabetes to fight the worldwide epidemic by helping to ensure that individuals with diabetes have access to care, treatment, and education; let it therefore be RESOLVED, that I, Ted Salci, Mayor of Niagara Falls do hereby proclaim November 14 as World Diabetes Day in support of the UN Resolution. I encourage all people of Niagara to help fight this disease and its life- threatening complications by increasing awareness of the risk factors for diabetes, making healthy lifestyle choices, and by providing care and treatment to those suffering from diabetes. In witness whereof I have hereunto set my hand and this [date] caused this seal to be affixed. November 12, 2007 CD- 2007 -17 Niagara� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -17 Appointment of a Closed Meeting Investigator RECOMMENDATION: That Council approve the municipality enrolling in the LAS (Local Authority Services Ltd.) Investigator program; and That staff prepare an appointment by -law; and That the Mayor and Clerk be authorized to execute the services agreement between the Corporation of the City of Niagara Falls and LAS. BACKGROUND: Bill 130, or the Municipal Statute Law Act, was a bill passed by the Provincial government in late 2006. The Bill saw a number of amendments to the Municipal Act. Some of the amendments do not come into effect until January 1, 2008. In the coming meetings, staff will be bringing forward other reports and /or amendments to by -laws or policies reflecting the changes of Bill 130. A number of new sections under the Municipal Act have to do with accountability and transparency. This is especially the case of section 239.1, which requires the municipality to appoint a closed meeting investigator. As Council is aware, a meeting may only be closed to the public (i.e., In Camera) if the subject matter falls under certain criteria as outlined by section 239 of the Municipal Act: security of property, personal matters about an identifiable individual, property disposition, labour relations, litigation or potential litigation, solicitor advice or matters allowed as stipulated in other Acts. Despite the explicitness of the legislation, whether a matter is to go In Camera is often debatable, as this writer outlined in CD- 2004 -14, "In Camera" Procedures: r 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Corporate Services Department Working Together to Serve Our Community Clerks November 12, 2007 City Staff Member 2 CD- 2007 -17 Senior Staff is very cognizant of which items should be "in camera however, every case is not black and white. For example, with a number of reports or items, litigation could occur. Staff has to make a judgement call as to whether there is a real possibility of litigation and whether the item should go "in camera" so that the Solicitor can outline confidential matters that may be pertinent to the case. With little guidance on Closed Door meetings many municipalities have been criticized for conducting business "behind closed doors" without appropriate public debate; hence, the Province passing legislation requiring the appointment of an Investigator, who has the function of investigating, in an independent manner, whether the municipality has complied with section 239 and /or its procedural bylaw. An investigation would occur upon the request or complaint of any individual (Le., it does not have to be an elector). In Camera Procedures at the City of Niagara Falls Over the past few years, staff has worked diligently, often with Council's input, on improving our In Camera procedures. Resolutions are passed outlining the general purpose of going into a closed meeting, In Camera minutes were developed prior to the requirement under the Act and, with use of the power point projector, Council is clear on the action to be taken on all In Camera items (i.e., direction to staff or referral to open Council for a decision). As indicated, there is much discussion at the Council Review table, amongst Senior Staff, on whether a matter should go In Camera. Staff will only schedule a matter for a Closed meeting if there is a solid rationale for doing so. This writer can state that the number of matters that go In Camera has decreased from even as recently as ten years ago. Staff is confident that our In Camera procedures will bear scrutiny. Who to Appoint as an Investigator The question most municipalities are deciding now is who to appoint as an Investigator. If no Investigator is appointed by January 1, 2008, the Provincial Ombudsman will be the "fall back" Investigator. The Act specifically speaks to impartiality, credibility, confidentiality and independence. The report will now examine the various options: The legislation says, interestingly, "an investigator is not required to be a municipal employee." Therefore, a municipal employee may be appointed to be the investigator. Of course, appointing a municipal employee, especially one already involved in the agenda setting process, may lead to the perception of a lack of impartiality, similar to the skepticism the public often has when they learn of a police force investigating police misconduct of one of their staff. It would seem that the appointment of a municipal employee would only be feasible if the employee was not involved in the agenda setting process, possessed a reputation for impartiality and credibility and had true independence. November 12, 2007 Non -Staff Member 3 CD- 2007 -17 There has been some discussion amongst area municipalities of using a retired bureaucrat or former municipal politician to fulfill the investigator's role. Such a person would likely have credibility and an understanding of municipal procedures. Of course, if the former bureaucrat or politician is from a past era, they may be less likely to see the virtues of openness and transparency and possibly make decisions based on the way they did things in the past. Although discussed at area Clerks and CAO's meetings, there has been no attempt to solicit names of such individuals to fulfill the investigator's role. LAS (Local Authority Services Ltd.) Investigator Program The Association of Municipalities (AMO) has implemented an Investigator program through LAS (Local Authority Services) Limited. LAS is a wholly owned subsidiary company of AMO. The program has been developed to pro actively help municipalities respond to the investigator requirement. LAS has engaged a third party company, Amberley Gavel Ltd., to provide the investigators. The principals behind Amberley Gavel are Fred Dean and Nigel Bellchamber, who have impeccable municipal credentials. Council members have possible heard Mr. Dean and Mr. Bellchamber at the annual A.M.O. conference, where they often speak. In addition to the basic investigator service, LAS will enhance the program for all participating municipalities by providing a pool of experienced investigators, who they will train, a website repository on all reports and decisions and information bulletins and suggestions on closed meetings. In order to engage LAS's services, the municipality will have to pass an appointment by- law, execute a service agreement with the company and pay a retainer fee. The fee is a nominal $600 for two years. If an investigation is commenced, there will be a fee of $1250 per day. Although at this point it is difficult to speculate on how many investigations may occur, the retainer and fee charged by LAS appear reasonable. After the two -year contract, staff will have a better gauge on the costs inherent in the program. Municipal staff would also look into setting up a process, similar to the handling of Freedom of Information requests, where there is a filing fee to dissuade frivolous and vexatious complaints and the initial review is done by staff. If the requestor is dissatisfied with staff's response, the complaint will be forwarded to LAS for their investigation. The majority of municipalities, and those in the Niagara Region, appear to be leaning toward the LAS program. The LAS program has seventeen municipalities that have already executed the service agreements, as of the writing of this report. Provincial Ombudsman If the municipality does not pass a by -law appointing an investigator, then all complaints will, by default, go to the Provincial Ombudsman. Unlike the LAS program, there is no fee charged to the municipalities for the investigation. November 12, 2007 4 CD- 2007 -17 Although likely the most financially attractive of the options, recent comments by the Provincial Ombudsman (see attached) have created the impression that Mr. Marin is on a mission to go after municipalities and their procedures. His comments have met with a swift rejoinder from AMO (also attached). CONCLUSION: With the passing of Bill 130, an investigation process has been added to the Municipal Act to allow individuals to request that an investigation of whether a municipality or local board has complied with section 239. This provision comes into effect on January 1, 2008. If a municipality has not appointed an Investigator by that date, the Provincial Ombudsman is the Investigator by default. In anticipation of the Investigator requirement, AMO has developed an Investigator program (LAS). The principals behind the program are experienced in municipal matters. The retainer fee is nominal and the investigation fee is reasonable. The LAS program will also provide an education component to municipalities that will undoubtedly lead to improvements to Council procedures. With Council's approval, staff will bring forward the appropriate appointment by -law at a future meeting of Council. Recommended by: Approved by: Respectfully submitted: Dean lorfidaity Clerk Ken Burden, Acting Executive Director of Corporate Services MacDonald, Chief Administrative Officer At1O Association of Municipalities of Ontario MEMBER COMMUNICATION FYI N 07 -012 To the attention of the Clerk and Council July 9, 2007 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971 -9856 l Fax: (416) 971 -6191 E -mail: amo @amo.on.ca FOR MORE INFORMATION CONTACT: Jason Hagan, LAS Program Coordinator (416) 971 -9856 ext 320 AMO /LAS Moving Ahead with Closed Meetings Investigator Program Municipal Act provisions regarding closed meeting investigations (Municipal Statute Law Amendment Act, 2006) are scheduled to come into effect on January 1, 2008. In an effort to help municipalities fulfill the requirements of the Act without relying on the Provincial Ombudsman, AMO's Local Authority Services (LAS) conducted a survey of municipalities in April /May 2007. The survey was intended to assess whether there was sufficient municipal interest in an Investigator Program provided by LAS; the survey also sought to determine what type of investigator service municipal governments might want. The AMO /LAS survey received 165 responses from Ontario municipalities and the results were very supportive of the development of an LAS Investigator Service. Of the survey responses, almost 63% noted their desire to appoint an investigator to examine municipal complaints opposed to relying on the Provincial Ombudsman. More than 82% identified that they would be interested in an LAS sponsored investigator service, and many indicated that their municipality would be willing to sign a service agreement with LAS and pay an annual retainer fee to access the service. Municipalities clearly indicated that it would be important for the LAS program to provide a sizeable roster of competent investigators that have a strong knowledge of municipal government and are appropriately trained to administer any investigation requested under the provisions of the Act. Having considered the survey results, LAS is now working with an outside company to develop and to establish an Investigator Service that will be made available to all interested municipalities. Although the business case for this planned service is still under final development, it is known that there will be a service agreement, a small annual retainer fee, and a daily billing rate for an investigation into a complaint lodged with the municipality. The details surrounding the roster of investigators are still being determined and AMO /LAS will ensure that the Investigator Service will provide municipalities in the program with access to a pool of qualified investigators that are familiar with particular regions of the province. Program details including the process for signing up will be announced at the AMO Conference in August. Material will be distributed to all municipalities that week for timely consideration in anticipation of the January 1, 2008 effective date for the provisions related to closed meeting investigations. Should you have any questions about the scope and details of this new program please contact Jason Hagan, LAS Program Coordinator, at the coordinates listed above. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca and on the LAS website at www.las.on.ca. Association of A 1 Municipalities of Ontario ens 801 200 University Avenue, Toronto, ON M5H 3C6 IJ% ServiC Local S Ltd Authority 416 971 -9856 I Fax: 416 971 -6191 www.las.on.ca 1 info@las.on.ca August 29, 2007 Dear Clerk/Administrator /Council: Enclosed please find information and sign up materials related to the new LAS Investigator Program. This program has been developed to help municipalities proactively respond to forthcoming changes to the Municipal Act related to `Closed Meeting' Investigations. The relevant changes to the Act are outlined in the presentation attached. In an effort to ensure that this new LAS program is administered in an open and transparent manner we have provided a sample version of the Service Agreement between LAS and each municipality, as well as information related to how this program will operate fees, sign -up process, etc. This information is proprietary so please use your professional discretion in the distribution of this material to those outside of staff and Council. The operation of this program is quite simple interested municipalities will appoint LAS as the municipality's Investigator (as per the Act), and LAS will delegate authority to a third party company set up for this purpose; LAS' chosen counter -party is Ambcrley Gavel Ltd. Each municipality will pay a small retainer fee to join the program as well as a daily investigation rate for any investigations that are requested. Details of the sign -up process, fees, and other program details are included in the enclosed presentation. slides. The benefits of this program are that program members will be provided with ongoing educational information related to the `Closed Meeting' provisions of the Municipal Act, access to all completed reports via a password protected website, access to a sizeable pool of trained and qualified Review Officers, and other resources designed to make the forthcoming changes easier for your municipality to manage. Given the short time period before the `closed meeting' provisions come into effect, we encourage all municipalities to promptly review this information to determine if this program is of interest to your municipality. Should you wish to join this program please contact LAS to request a personalized version of the Investigator Services Agreement. The answers to the most common questions are provided in the enclosed FAQ document but should you have any additional questions, please contact Jason Hagan, LAS Program Coordinator, at ext. 320 or by email at jhagan(aP,amo.on.ca. Sincerely, Nancy Plumridge President Al LAS is a vMdly-omood subadary company of -Ihe Aiwciaflon of blunklpatlitas of Ontario Local Authority Services Ltd. August 2007 LAS Investigator Program Closed Meeting Investigations Information As of January 1, 2008 any person (this means anyone!) will be able to request that an investigation be undertaken respecting whether a municipality or local board, or a committee of either, has complied with the closed meeting rules contained within the Municipal Act. Municipalities will be able to appoint an Investigator for this purpose. If a municipality chooses not to appoint an Investigator, the Provincial Ombudsman will be able to assume the role. What should be considered in appointing an Investigator? A municipality could appoint any person, corporation or individual, including a member of municipal staff, to conduct investigations pursuant to Section 239.2 of the Act. In making its selection, a municipal Council should consider the intent and wording of the Act. Sections 239.1 and 239.2 were enacted to enhance transparency and accountability. Council needs to consider if its choice achieves that goal. As well, the Act specifically speaks to impartiality, credibility, confidentiality, and independence with respect to the investigation process. Council must consider these factors also. Why appoint LAS as Investigator? LAS decided to offer this service for several reasons. The first is that it is complementary to its existing program of providing services to municipalities where value can be enhanced through group procurement. Secondly, LAS believes that this initiative will assist municipalities in demonstrating that they are mature and accountable orders of government, capable of managing their own affairs. The business model for the program ensures that all Investigators will possess extensive knowledge of and appreciation for the municipal environment. Thirdly, through this joint initiative, LAS will include an educational component, to a degree not possible if municipalities act independently or in smaller cooperative groups. In the longer term, information and municipal education will ensure transparency and accountability, ultimately reducing the frequency of requests for close meeting investigations. How Does a Municipality Appoint LAS as Investigator? Prior to January 1, 2008, a municipality can appoint LAS to be its investigator, effective January 1, 2008. A municipality can also appoint LAS at any time after January 1, but LAS cannot act as Investigator for any requests made between January 1, 2008 and the date of appointment. The Provincial Ombudsman takes on this role. To appoint LAS as Investigator a municipality must: execute a Service Agreement with LAS, pass an appointment by -law (and provide LAS with a copy), and pay a retainer fee. A suggested appointment by -law will be provided by LAS, which reflects the intention of LAS to delegate its authority to a third party company specifically set up for the purpose of providing an Investigator Service. This company will provide a panel of experienced and trained individuals who will conduct the investigations. This company has received delegated authority from LAS under an agreement that has been executed between the parties. Page 1 Local Authority Services Ltd. What are the Fees for Investigation Services? There are two types of fees with respect to a municipality's agreement with LAS. The first is the annual retainer, and the second is the daily rate for actual investigations (if required), along with out of pocket expenses. The purpose of the retainer is to cover the costs associated with training, developing educational material to be provided to municipalities, liability insurance and administrative overhead. Daily fees and reasonable out of pocket expenses related to any Investigation will be charged directly to the municipality or local board by the third -party company. It is anticipated that a credible investigation process will require a minimum of a half day's time even if it is determined that the complaint does not merit a complete investigation or if the request ends up being withdrawn. LAS will enhance the program for all participating municipalities in a number of ways: There will be a password protected website available to participating municipalities which will include a repository of all of the reports made to date and other relevant information LAS will provide information on the panel of Investigators and will ensure that the Investigators represent a broad cross section of the province and that investigations are available in both English and French LAS will also provide information and suggestions on closed meetings as part of an ongoing educational program Your municipality will be receiving a comprehensive package from LAS in time for a September Council meeting, which will contain: Agreement with LAS for Investigator Services Sample Appointment By -law Educational materials that will help you answer all your questions (i.e. which local boards are included and what is a committee, etc.) Next Steps: Practically speaking Council should decide on who its Investigator will be before the end of November 2007 and preferably before then so that staff can put the necessary procedures in place to deal with any requests that may be received after January 1, 2008. Your municipality should promptly review the LAS materials and start the process of determining what your municipality plans to do to address the new closed meeting rules. Page 2 For more information please contact: Jason Hagan LAS Program Coordinator Association of Municipalities of Ontario Tel: 416- 971 -9856 ext. 320 Toll Free: 1- 877 426 -6527 Email: jhagan @amo.on.ca Local Authority Services Ltd, LAS Investigator Program Frequently Asked Questions The closed meeting investigation process pursuant to Sections 239.1 and 239.2 of the Municipal Act, 2001 is new. These "frequently asked questions" reflect our best efforts to interpret the legislation and its intent, and demonstrate how the new LAS Investigator Program will operate. What is the new Requirement? As of January 1, 2008 any person (and this means anyone) will be able to request that an investigation be undertaken respecting whether a municipality or local board, or a committee of either, has complied with closed meeting rules. Municipalities will be able to appoint an Investigator for this purpose. If a municipality chooses not to appoint an Investigator, the Provincial Ombudsman will be able to assume the role. What should be considered in appointing an Investigator? A municipality can appoint any person, corporation or individual, including a member of municipal staff, to conduct investigations pursuant to Section 239.2. In making its selection of an Investigator, a municipal Council should consider the intent and wording of the Act. Sections 239.1 and 239.2 were enacted to enhance transparency and accountability. Council needs to consider if its choice achieves that goal. The Act specifically speaks to impartiality, credibility, confidentiality, and independence with respect to the investigation process. Council must consider these factors also. Why appoint LAS as Investigator? LAS decided to offer this service for several reasons. The first is that it is complementary to our existing suite of municipal programs and services whereby value can be enhanced through group procurement. The LAS program will also ensure a consistent standard of service to all participants. Secondly, LAS believes that this initiative will assist municipalities in demonstrating that they are a mature and accountable order of government, capable of managing their own affairs. LAS will ensure that Review Officers have a knowledge of and appreciation for the municipal environment. Thirdly, through this joint initiative, LAS believes it can add an educational component, to a degree not possible if municipalities act independently or in small groups, which will serve to enhance transparency and accountability, ultimately reducing the frequency of requests for closed meeting investigations. About LAS Created in 1992, LAS is a wholly owned subsidiary of AMO. LAS supports municipalities and the broader public sector by delivering programs and services that leverage economies -of -scale and co- operative procurement efforts. Examples of current LAS programs are our Electricity and Natural Gas Procurement Programs. A MO +Wet :.4:4u,„0114446, LAS is a v hollydwnatt subsidiary company of Ms Association of MUnidpalitias of Ontario How Does a Municipality appoint LAS as Investigator? Prior to January 1, 2008, a municipality can appoint LAS to be its Investigator, effective January 1, 2008. A municipality can also appoint LAS at any time after that date, but LAS would not be the Investigator for any requests that were made between January 1, 2008 and the date of the later appointment. The Provincial Ombudsman takes on this role. A standard by -law is provided by LAS which incorporates an agreement between LAS and the municipality. It reflects the intention of LAS to delegate its authority to a third party company specifically set up for this purpose. This company will provide a panel of Review Officers who will conduct investigations. This company has received delegated authority from LAS under an agreement that has been executed between the parties and it will be this company that is the delegated Investigator. What background will the Review Officers have? The Review Officers will be persons who have extensive experience with municipal government and municipal processes. This experience might be gained as a staff person or as a previous elected official, or through a close working relationship with municipal government over an extended period of time. Review Officers will be located geographically around the Province to minimize costs to participating municipalities, where possible. At least one Review Officer will be able to conduct investigations in French. All Review Officers will be required to participate in training regarding municipal and local board meeting processes, as well as investigative processes. A list of all Review Officers will be available to program members. Where can I find the roster of Review Officers? The roster is on the LAS website. It will be on the Amberley Gavel website before the end of October. It includes brief biographies for each of the Officers. Who appoints an Investigator for a Local Board? The municipal Council does. It will automatically be the one who is appointed to deal with requests regarding Council meetings. What is a "Local Board The definition of a local board is derived from two sources for purposes of closed meeting investigations. The first is Section 1 of the Municipal Act 2001, which says: "local board" means a municipal services board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any act with respect to the affairs or purposes of one or more municipalities excluding a school board and a conservation authority But Section 238, further states: "local board" does not include police services boards or public library boards" In short, the closed meeting investigation process covers all Municipal Boards and Committees except: School Boards, Conservation Authorities, Police Services Boards, and Public Library Page 2 Boards. These are the only exceptions Business Improvement Area Boards, Arena Boards, Transit Commissions, and Boards of Health, for example, are all covered. For a specific local situation, the municipality should review the establishing by -law and enabling legislation, and if necessary consult its solicitor. What is a "Committee Section 238 says that "committee means any advisory or other committee, subcommittee or similar entity of which at least 50% of the members are also members of one or more councils or local boards" What about Joint Boards and Committees? Again, guidance should come from the by -laws and legislation creating the specific body. Section 1 of the Act defines "local board" to mean, "a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; Section 238(1) lists the exclusions for the Part of the Act that includes the closed meeting investigation process. The definitions of "local board" in sections 1 and 238 must be read together to what boards are covered by the closed meeting rules. The Act is silent with respect to who will investigate in the case of a joint board such as a Board of Health. It would appear that if all of the municipalities appointing to the joint board have appointed the same Investigator, for example LAS, then that Investigator would investigate a request. Each municipality should include the joint board in its list of included boards. If however different municipalities have appointed different Investigators, then it is not clear which Investigator will respond. It is recommended that the joint board decide by resolution which Investigator is to be appointed. Again, this should be reflected in the municipal list of boards included in the program. Finally if one or more of the appointing municipalities has not appointed an Investigator and the Joint Board has not passed a resolution accepting the appointment of an Investigator of one of the appointing municipalities, it is likely that the Provincial Ombudsman will be the Investigator for the Joint Board's situation. What is a "Person A "Person" includes an individual, "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law." (Interpretation Act), This was superseded by the Legislation Act, 2006 Part VI, section 87, states "person" includes a corporation. "person" includes a municipality unless the context otherwise requires;" (Municipal Act, 2001) What happens if an Investigator is not appointed before January 1, 2008? Effective January 1, 2008, a person may request the Provincial Ombudsman to undertake an investigation of the compliance of a closed meeting with the Municipal Act 2001 or a procedure by -law. Page 3 Even if a request has gone to the Ombudsman, the municipality could still appoint an Investigator for subsequent requests. The Ombudsman would complete the work on the requests filed with him. Can a request be retroactive? Section 239.2 of the Municipal Act, 2001 has been proclaimed effective January 1, 2008. As a general rule, legislation is not retroactive unless it contains specific reference to retroactivity. This section contains no such reference; it is recommended that an investigation only be held for meetings that occur on or after January 1, 2008. How does a person file a request and is there a required form for a request? It appears that the municipality can decide upon the form for a request, but presumably the request should be signed by the person requesting the investigation, and should include contact information and sufficient detail to indicate the meeting that the request concerns, and a general indication of why the request has been made. What are the requirements of an Investigation? The investigation process is required to be credible, its activities confidential, and it is required to be conducted impartially and independently. Neither Council, nor a Local Board, nor any of its members should attempt to provide direction to the investigation process once a request has been made. Council or Board members could be interviewed as could any other person in attendance at the meeting that is the subject of the request. What does the Municipality or Local Board do with a request for an Investigation? The request should be directed to the Municipal Clerk who will have a checklist of material required for each investigation this will be provided by LAS. This standardized checklist is designed to minimize investigation costs and ensure the credibility of the investigation process. The checklist will include: the request made by the person, procedure by- law(s), contact list of attendees, evidence of notice for the meeting in question, agenda and attachments, minutes, and other relevant materials. What will the LAS investigation process be? A person files a request for investigation with the Clerk The request and background documentation are sent to the Investigator Initial review by Investigator may result in withdrawal by the person filing, a decision not to proceed with reason, or a decision to proceed with the investigation In the case of withdrawal, or decision not to proceed, Investigator notifies the parties. If decision is to proceed, a Review Officer is assigned and investigation is performed Draft report filed with Investigator for review If circumstances warrant, municipality or local board given formal hearing opportunity (pursuant to Section 18 of the Ombudsman Act) Final report prepared and submitted to the Council, or Local Board and Council, and posted on Investigator website. A flowchart of the Investigation Request Process can be found on the LAS website at www. LAS. on. ca. Will all requests proceed to a full investigation? During the investigative process the person who filed the request may decide to withdraw the request. If that happens, the file will be closed and the action reported to the Council, or to the Council and Local Board. Page 4 In addition, some requests may be determined upon preliminary review to be frivolous or vexatious. Following such a determination the requestor will be notified of this decision by the Investigator as will the Council, or the Council and the Local Board. The credibility of the Investigation process requires that both of the above circumstances be formally undertaken and documented. What are the fees for this LAS program? There are two types of fees with respect to a municipality's agreement with LAS. The first is the retainer fee, and the second is the daily rate for actual investigations, along with out of pocket expenses. Specific fee amounts are detailed in the Investigator Services Agreement. The retainer is to allow for educational materials to be developed and provided to municipalities and local boards, and also for administrative overhead. Daily fees and reasonable out of pocket expenses will be chargeable to the municipality or local board for each investigation. It is anticipated that a credible investigation process will require a minimum of a half day's time once referred to the Investigator, even if the request is withdrawn or determined not to merit a complete investigation. How is the investigation billed? Municipalities will be billed on a daily basis for investigations billing will be on an hourly basis, where only part of a day is required. Members of the Review Officer panel will be located throughout Ontario which will help to reduce travel costs and time. Is there a policy /guidelines related to the expenses that Amberley Gavel may charge for a Review Officer conducting an investigation? The municipality or local board will be responsible for the reasonable expenses of conducting the investigation. Travel, meals and accommodation and administration such as copying will be the primary expenses. Amberley Gavel is committed to keeping out of pocket costs incurred as a result of the investigation at a reasonable level, consistent with expenses charged by firms and agencies consulting with governments. How long will an investigation take? The time spent on conducting an investigation will depend on a number of factors. It could be as short as a few hours to investigate a complaint that is on its face without merit or outside the scope or purpose of the closed meeting investigator. But it could also be a few working days depending upon a number of factors such as the complexity of the situation, the number of persons to be interviewed and the organization of interviews by the Review Officer and the municipality. What would be investigated under a complaint? The Act provides in section 239.1 that the mandate of the investigator is to determine whether a municipality or local board has complied with section 239 or the procedure by -law of the municipality or local board. The LAS program will review only the procedure as it relates to the acceptability of a closed meeting and not the issue at hand in the complaint. Can a municipality charge a fee for a request for an investigation? Nothing in section 239 addresses the issue of the fee, however, any fee or charge would presumably be established by the municipality or local board pursuant to Part XII of the Municipal Act, 2001. A municipality may wish to obtain legal advice in establishing such a fee. Page 5 Is there an appeal mechanism available for Investigator reports? The Municipal Act, 2001 does not provide for an appeal of the report. Does the Municipality have a choice of Review Officer from the panel? The decision as to which Review Officer will be delegated the task of conducting the investigation will be made by LAS' delegate. Factors such as geographic location, type of municipality and availability will be taken into account. A municipality may request a particular member of the panel and this will also be taken into consideration. Amberley Gavel will ensure that a Review Officer that has a conflict as a result of an existing relationship with a municipality or local board will not be involved in the investigation. If the municipality is aware of a conflict with one of the Review Officers, it should contact Amberley Gavel. Who can see a request? The Municipal Act, 2001 imposes a duty of confidentiality on every person involved with the Investigation. This duty prevails even over the Municipal Freedom of Information and Protection of Privacy Act. Is the report of the Investigator available to the public? Yes. The Act requires that it be available to the public. If a municipality appoints LAS will it have access to all of the reports? Yes. One of the advantages for a municipality in appointing LAS is that the municipality will have access to a password protected website that will include all reports issued. How long does the appointment of LAS as Investigator last? For appointments made effective January 1, 2008, the sample Appointing By -law and Services Agreement provide for a term of two years expiring on December 31, 2009. If the appointment is made after January 1, 2008, the appointment will still last until December 31, 2009. The appointment will be automatically renewed unless terminated by the municipality or by LAS no later than 90 days before the expiry date of the current Services Agreement. How will LAS help municipalities understand the closed meeting rules? LAS will enhance the service provided to participating municipalities in a number of ways: There will be a password protected website for participating municipalities that will provide a variety of information resources including access to all reports made to date. LAS will provide information on the panel of Review Officers. LAS will also provide information and suggestions on closed meetings as part of an ongoing educational program. When and how will educational materials be made available to program members? Educational materials will be posted on the Amberley Gavel website in a password protected area available to client municipalities and their local boards. All participating municipalities will be provided with a password and access to this secure site well in advance of January 1, 2008. Page 6 IJJ 0 a. LIJ LiJ cc 0 i-- 4C (.9 1-- (n 5 0 2 a a) 3 a) uJ 0 To O w w E cc LI 0 O I 0 0 5 0 CC 0 .t o c o_ O 0 0 0 0) 0) 0 °6 o c O) E 0 0 (f) -J 5 C 0 8 a) 0 0.. c o al 0 L- o Local Authority Services Ltd. Amberley Gavel Ltd. Proprietors Fred Dean knows the ins and outs of municipal government. He has worked with elected officials and municipal staff, giving civic leaders the tools to make effective decisions on behalf of their communities. Fred Dean is a lawyer who acts exclusively for municipalities and municipal associations in Ontario. He began his municipal career with the Borough of Scarborough and later the City of Brampton. Fred was the City Solicitor for the City of Sudbury for 23 years. He was also legal counsel to the Transition Board for the City of Greater Sudbury. He is a regular contributor at the AMO annual conference. He is also the chair of the Question Box panel at the ROMA /Ontario Good Roads Conference each February. He has been the facilitator for AMCTO municipal law courses. Fred, together with Nigel Bellchamber has facilitated the Municipal Act and Bill 130 training and the Effective Municipal Councillor Program for the Association of Municipalities of Ontario. He was a member of the steering committee developing the municipal response to Bill 130. He is a member of the Canadian Association of Professional Speakers (CAPS). Fred has served local government in Ontario by giving advice to municipal officials on a variety of matters including governance, conflict of interest, codes of conduct and municipal powers. Nigel Bellchamber has held a variety of positions with several municipalities during his career serving local government. These positions include Clerk, Deputy Clerk, Treasurer, Deputy Administrator, Chief Administrative Officer, and even Acting Chief Librarian for a major system for a period of ten months. He has held office with the Ontario Municipal Administrators' Association as its President, and with the Association of Municipalities of Ontario as Chair of its former County Section, and as its Secretary Treasurer. Nigel's formal education is in Business Administration and in Local Government. More recently he has operated his own consulting firm specializing in local government issues, and has served as the part time General Manager of the Ontario Municipal Administrators' Association. Besides developing and delivering AMO's Councillor Training series with Fred Dean, he has worked with municipal Councils on such varied matters as strategic planning, labour negotiations, senior management recruitment and organizational review. He has also advised AMO, FCM, and the Province of Ontario on matters pertaining to municipal finance and sits as a member of the Canadian Institute of Chartered Accountants' Public Sector Accounting Board, following two years as Chair of that Board's Tangible Capital Assets Task Force. October 22, 2007 Dear Clerk/Administrator /Council: C) n b U i 5 i 0-1 MI LS l.:LERKS'0? 1030 i ONTARIO'S WATCHDOG CHIE1N DE GARDE DE I :ONTARIO As of January 1, 2008, the provisions of the City of Toronto Act, 2006 and the Municipal Act, 2001 relating to investigation of closed meetings will come into effect. Under these new legislative provisions, the Office of the Ombudsman of Ontario will have the responsibility of investigating complaints about closed meetings if the municipality in question has not appointed an investigator. I would like to take this opportunity to provide you with some general information regarding our Office's processes and how it will be dealing with this new jurisdiction. Attached for your information and assistance is some additional information in the form of a "frequently asked questions" document. This information can also be found on the Ombudsman's website at www.ombudsman.on.ca. The Ombudsman's Office will be maintaining information about closed meetings on its website and will be available to the public and municipalities as a resource. The Ombudsman's services are free of charge. Our Office is independent from government and functions in an impartial and confidential manner, conducting thorough, objective and credible investigations. The Ombudsman's process has proven effective in resolving tens of thousands of cases on an annual basis. When we receive a complaint, our normal practice is to contact the parties involved and first attempt to resolve issues informally. If this is unsuccessful, a formal investigation may be launched. Prior to launching an investigation, notice is given in writing to the organization that is the subject of the complaint in the case of complaints about closed meetings, notice would go to the relevant municipality or local board. Under the Ombudsman Act, the Ombudsman also has discretion to decline to investigate a complaint. Given that the Ombudsman will have jurisdiction to investigate complaints about closed meetings in any case where a municipality has not appointed an investigator for this purpose, it is important that all Ontario municipalities provide our Office with up -to -date information regarding any investigator(s) they may appoint. This will also assist the Ombudsman's Office in providing appropriate referral information to complainants in cases where municipalities have appointed investigators. Bell Trinity Square 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9 483, rue Bay, 10e etage, Tour sud, Toronto {Ontario) M5G 2C9 416- 586 -3300 416- 586 -3485 1-866-411-4211 wwwombudsman.on.ca 2 We would appreciate it if you could notify our Office of any investigator(s) appointed by your municipality, including name and contact information. In addition, please provide us with any Council minutes confirming the investigator's appointment, and any relevant bylaw relating to the terms and conditions governing the investigator. This can be done by e -mail at info@ombudsman.on.ca ombudsman.on.ca or by mail, addressed to the attention of Sherrie Nicholson, Ombudsman Ontario, Bell Trinity Square, 483 Bay Street, 10 Floor, South Tower, Toronto, ON, M5G 2C9. If you have any questions, please feel free to visit our website or contact us via e -mail at info@ombudsman.on.ca or by phone at 1- 800 263 -1830. Yours truly, Barbara Fin y Deputy O udsman Encl. 0 Ombudsman ONTARIO'S WATCHDOG CHIEN DE GARDE DE L'ONTARIO Investigating Closed Municipal Meetings: Frequently Asked Questions Municipalities and local boards in Ontario are required to pass bylaws setting out the procedure for holding meetings. The law now requires that public notice be given that a meeting will be held. All meetings must be open to the public unless they come within limited exceptions. As of January 1, 2008, the City of Toronto Act, 2006 and the Municipal Act, 2001 provide that any person may request an investigation into whether a municipality or local board has complied with the open meeting requirements or the procedural bylaw relating to any meeting or part of a meeting that was closed to the public. If a municipality has not appointed an investigator, the Ombudsman of Ontario has authority to investigate complaints about closed meetings. The Ombudsman's investigations are conducted at no cost to those who complain or to municipalities or local boards. The Ombudsman's process respects the values of independence, impartiality, confidentiality and a credible investigative process and has been proven effective in resolving tens of thousands of cases per year in a timely manner. Who must hold an open meeting? All municipal and local boards except conservation authorities, police services boards, school boards, and public library boards are required to hold meetings that are open to the public, subject to some exemptions. When can a meeting be closed to the public? A municipal or local board meeting, or part of a meeting, may be closed if the subject matter being considered concerns: the security of the property of the municipality or local board; personal matters about an identifiable individual, including municipal or local board employees; a proposed or pending acquisition or disposition of land by the municipality or local board; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor client privilege, including communications necessary for that purpose; a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. A meeting may also be closed if it is held for the purpose of educating or training the members, so long as no member discusses or otherwise deals with any matter during the closed meeting in a way that materially advances the business or decision making of the council, local board or committee. In addition, meetings must be closed if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. Can members vote during a closed meeting? Generally, meetings are not supposed to be closed to the public during the taking of a vote. However, voting in a closed meeting is permitted if the closed meeting is otherwise authorized and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the City; to officers, employees or agents of a local board or of a committee of either of them; or to persons retained by or under a contract with the municipality or local board. Does a municipal council or local board have to follow a specific procedure to close a meeting? Yes, in order to close a meeting a specific process must be followed: The municipality, local board, or committee must state by resolution that a closed meeting will be held and state the general nature of the matter to be considered at the closed meeting. Public notice of a meeting is required even if the meeting is closed. In the case of meetings for the purpose of educating or training members, the subsection of the Municipal Act authorizing meeting closure for this purpose must also be cited. Does a municipal body have to keep a record of a closed meeting? A municipal council, local board or committee, must record without comment all resolutions, decisions and other proceedings, whether the meeting is open or closed. Who can ask for an investigation relating to a closed meeting? Any person or corporation may ask for an investigation relating to a closed meeting. What municipal bodies can be investigated for failing to hold an open meeting? The investigation provisions cover municipalities and local boards, which include: municipal councils; municipal boards, including boards of health or planning boards; transportation commissions; 2 Investigating Closed Municipal Meetings: FAQ any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities. Who investigates closed meeting complaints? If a municipality has appointed an investigator, he or she will investigate complaints about closed meetings. If the municipality has not appointed an investigator, the Ontario Ombudsman may investigate. Once the Ontario Ombudsman has received a complaint, the Ombudsman will retain jurisdiction over a complaint even if an investigator is subsequently appointed by the municipality. Complaints may be made to a municipality or local board or to the Ontario Ombudsman. If the Ombudsman receives a complaint about a municipality where an investigator has been appointed, the complaint will be referred to that investigator. Similarly, it is expected that municipalities and local boards will refer complaints to the Ontario Ombudsman when no investigator has been appointed. How will the Ombudsman know if a local investigator has been appointed? The Ontario Ombudsman is encouraging municipalities to notify his office if an investigator has been appointed, and to provide the investigator's contact information. The Ombudsman's Office will contact a municipality in cases where no notification has been received. Does the Ombudsman have the ability to conduct investigations in both English and French? Yes, the Ombudsman's office can conduct investigations in either English or French. Does the Ombudsman charge a fee to either the municipality or the person bringing the complaint? No, there is no fee charged by the Ombudsman to either the municipality or the person bringing the complaint to our Office. In keeping with the tradition of ombudsman offices around the world, the Ombudsman's services are free of charge in order to ensure they are fully accessible to everyone. Will the Ombudsman notify the municipality or local board when a complaint is received? The Ombudsman's usual process is to document and confirm the details of a complaint, and then to contact the municipality or local board to advise them of the complaint and obtain information. If the complaint cannot be resolved informally, a formal investigation may be commenced. In the case of a formal investigation, the head of the municipality or local board will be notified. 3 Investigating Closed Municipal Meetings: FAQ Can closed meetings prior to January 1, 2008 be investigated? The investigation provisions apply to meetings held on or after January 1, 2008. As a general rule, legislative provisions only apply on or after their commencement date. What powers of investigation does the Ombudsman have with respect to closed meeting complaints? The investigative powers set out in the Ombudsman Act including the power to issue summonses, inspect premises and compel municipal officials and staff to provide information and documents apply to investigations of closed meeting complaints. Will the Ombudsman investigate every complaint received? The Ombudsman's Office will conduct an initial review of each complaint regarding open meetings. Not all complaints will necessarily result in a formal investigation. Some cases will be resolved informally, and there may also be circumstances when an investigation is otherwise considered unnecessary. Will the Ombudsman establish time frames for the municipality or local board to respond to a complaint? The time frame for responding to a complaint will depend on the nature of the circumstances. As a general rule, the Ombudsman expects timely responses so that complaints may be resolved without undue delay. What happens to municipal documents after an Ombudsman investigation? The Ombudsman's practice is to return original documents. Copies of documents retained in the Ombudsman's file are kept confidential. The Ombudsman is not subject to the Municipal Freedom of Information and Protection of Privacy Act or the Freedom of Information and Protection of Privacy Act. What can the Ombudsman do if he finds a meeting was improperly closed or procedural requirements were contravened? If the Ombudsman concludes, after an investigation, that there was a contravention of the procedural bylaw relating to a closed meeting, or that the closed meeting provisions were contravened, he may report his opinion and reasons to the municipality or local board, and make recommendations to address his concerns. Will the Ombudsman's reports about closed meetings be made public? Yes, once an Ombudsman report is provided to the municipality or local board, that body is required to make it public. Copies of the reports may also be found on the Ombudsman's website, www.ombudsman.on.ca 4 Investigating Closed Municipal Meetings: FAQ Ontario ombudsman slams municipal secrecy Page 1 of 2 Ontario ombudsman slams municipal secrecy Last Updated: Wednesday, October 31, 2007 1 5:55 PM ET The Canadian Press Voters might have zero interest in what's happening at a typical municipal meeting, but Ontario ombudsman Andre Marin said Wednesday citizens should be furious that so much information is being hidden from their eyes. Marin admits his latest crusade lacks sex appeal and widespread public interest, but he insists it's tremendously important. People should be outraged that municipalities are making important decisions behind closed doors with no accountability, he said. "Can you imagine for a moment if the House of Commons would decide, 'Let's close the door and have a closed session,' or if Queen's Park would ban the media from attending Question Period, the amount of public outcry that would happen Marin said at a panel discussion about openness and transparency in government. "Yet closed meetings in municipalities are not the rarest of exceptions." Municipal Act changes may achieve nothing Although the provincial government has amended the Municipal Act to address complaints about closed -door meetings, Marin said those changes may accomplish nothing As of Jan. 1, municipalities will be forced to co- operate with an investigation if citizens complain about closed -door meetings that unreasonably withhold information from the public. If a municipality doesn't appoint an investigator to conduct the review, Marin's office can do so. But Marin said the legislation allows municipal employees to act as investigators, meaning there will be no guarantee of independence or impartiality in any review. Marin said any claim that the level of secrecy has been lessened is just another example of what he calls government "puffery," or trumped -up claims that have little basis in reality. "If I was a dreamer, I'd tell you we're about to get into a new era of the right to know in municipalities as of Jan. 1, because certainly it's been touted (that way)," Marin said. "(But) what the government has done is perpetuated the status quo and given it a gloss of credibility." Marin said he doesn't want oversight of municipalities to be part of his mandate, but he will pay attention to how many private meetings are being held and the results of any subsequent investigations. He intends to post his findings online so citizens can see if their municipality appears to be overly http:/ /www.cbc.ca/canada/ottawa/story /2007 /10 /31 /ot- municipal- 071031.html 11/2/2007 Ontario ombudsman slams municipal secrecy Page 2 of 2 secretive. Ontario auditor, commissioner also appear Also appearing at the panel discussion were Ontario's information and privacy commissioner and auditor general, who backed Marin in suggesting that Ontario's government could do a lot more to be open with the public. Auditor General Jim McCarter said the government has increasingly used the internet to publicly disclose more and more data about its operations, but there's concern the information could be overly "managed." "If we look good, we're going to publish it. Otherwise, were not," McCarter said of how the government could be deciding what to disclose. The Canadian Press, 2007 THE CANADIAN PRESS tl http: /www.cbc.ca/canada/ottawa/story /2007 /10 /31 /ot- municipal- 071031.html 11/2/2007 Open Meetings The Ontario Government's Ombudsman, Andre Marin, has made several comments recently in the media about the use of closed -door meetings by municipal governments. They are consistent with views that he presented in November 2006 during the Committee hearings stage of Municipal Act amendments. Regrettably, the Ombudsman is making sweeping generalizations about municipalities on the basis of presumption. AMO has made its own views known to the Ontario Government during committee hearings and in MOU discussions. AMO wants to share them again with you, as well as considerations related to the new meetings investigator position. Key Messages: The Ontario Government and its Ombudsman do not have a monopoly on integrity: o If it is appropriate for the Provincial Ombudsman to be appointed and paid by the Provincial Government, it is appropriate for municipal councils to appoint and pay for a qualified individual to investigate the appropriateness of a decision to close a meeting for a matter. o If the Province can be trusted to respect the work of their Ombudsman, Ontario's municipalities can be trusted to respect their municipal equivalent. We respect the Ombudsman's interest in open and transparent government, however we have a much greater appreciation for the degree to which municipalities conduct their affairs in full view of the public. Municipal councils address a wide variety of business through Council meetings and a relatively small number of those circumstances provide for closed meetings under the Municipal Act. These include matters pertaining to labour relations or employee negotiations; litigation or potential litigation; solicitor client privilege; security of property; personal matters about identifiable individuals, including employees; and proposed or pending acquisition or disposition of land. The vast majority of municipal debates and decisions occur in full view of the public, which is in sharp contrast to the Provincial and Federal Governments where most significant public policy decisions are made in closed Cabinet and caucus meetings, or in closed discussions between party representatives. AMO expects that it would be highly unlikely for a council to appoint a member of their municipal staff to this position, even though the legislation does permit it, and we have not heard of this happening. AMO is confident that municipal governments will consider the Act as it specifically speaks to impartiality, credibility, confidentiality, and independence with respect to the investigation process. AMO November 2, 2007 Contact: Pat Vanini, Executive Director, (416) 971 -9856, ext. 316, e -mail: pvanini @amo.on.ca November 12, 2007 F- 2007 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraaalls C �1NADi Re: F- 2007 -41 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling 22,333,143.66 for the period October 3, 2007 to October 23, 2007. BACKGROUND: The accounts have been reviewed by the Acting Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: Burden, Acting Execu Todd Ha ng Director of Financial Services we Director of Corporate Services MacDonald, Chief Administrative Officer 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Departmen Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 180 MARKETING 4 OFFICE AUTOMATION LTD 407 ETR EXPRESS TOLL ROUTE 876891 ONTARIO LIMITED 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATIONAL LTD Al UNIFORM SERVICES LTD AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACTION CORPORATION ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALISON'S SPORTS AWARDS ALISON'S SPORTS AWARDS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERSONS CEMETERY CONTRACTING LTD ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES AREO -FIRE ARTIFICIAL GRASS LANDSCAPING INC ARTISTA DESIGN PRINT INC ASHLAND CANADA CORP ASHLAND CANADA CORP BAIOCCO CONST CORP BAKER TRANSIT PARTS INC BAKER TRANSIT PARTS INC BARCLAY TODD'S BARCLAY TODD'S BARNSLEY,JOHN BARTON,KELLY JAMES AND SHARON BATTLEFIELD EQUIPMENT RENTALS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEST WESTERN CAIRN CROFT HOTEL BETTY'S RESTAURANT BIG BEE CONVENIENCE BIRMINGHAM FIRE CONTROL BMO LENDING OPERATIONS SUPPORT CENTRE BORDEN LADNER GERVAIS BORDER PONTIAC BUICK GMC LTD BOUW,JOHN BOYLE,PEGGY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BROMAC CONST ENG LTD BROUGH,JOHN BRUNNING,PAUL BUNTIN REID C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALABRESE,JOSEPH CALE SYSTEMS INC CAMPBELL,CAREY Cheque No. Cheque Date Purpose 314306 09- Oct -2007 CONTRACT SERVICES 314456 16 -Oct -2007 CONTRACT SERVICES 314455 16- Oct -2007 REMITTANCE 314656 23- Oct -2007 REFUND 314457 16- Oct -2007 CONTRACT SERVICES 314335 09- Oct -2007 CONTRACT SERVICES 314308 09- Oct -2007 MATERIALS 314458 16- Oct -2007 MATERIALS 314307 09- Oct -2007 CONTRACT SERVICES 314459 16- Oct -2007 MAINTENANCE /REPAIRS 314309 09 -Oct -2007 MAINTENANCE /REPAIRS 314460 16- Oct -2007 MAINTENANCE /REPAIRS 314657 23- Oct -2007 MATERIALS 314658 23- Oct -2007 COMPUTER 314659 23- Oct -2007 MAINTENANCE/REPAIRS 314310 09- Oct -2007 CONTRACT SERVICES 314461 16- Oct -2007 MAINTENANCE /REPAIRS 314660 23- Oct -2007 MAINTENANCE /REPAIRS 314661 23 -Oct -2007 MATERIALS 314462 16- Oct -2007 TRAVEUMILEAGE 314662 23- Oct -2007 CONTRACT SERVICES 314311 09- Oct -2007 MATERIALS 314463 16- Oct -2007 MATERIALS TRILLIUM AWARDS 314663 23- Oct -2007 MATERIALS 314665 23- Oct -2007 RENTAL EQUIPMENT 314664 23- Oct -2007 MATERIALS 314312 09- Oct -2007 PAYROLL REMITTANCE 314464 16- Oct -2007 PAYROLL REMITTANCE 314666 23 -Oct -2007 PAYROLL REMITTANCE 314465 16- Oct -2007 MAINTENANCE /REPAIRS 314467 16- Oct -2007 TRAVEUMILEAGE 314313 09 -Oct -2007 MATERIALS 314468 16- Oct -2007 MATERIALS 314314 09- Oct -2007 CONTRACT SERVICES 314315 09- Oct -2007 MATERIALS 314469 16- Oct -2007 CONTRACT SERVICES 314667 23- Oct -2007 CONTRACT SERVICES 314316 09- Oct -2007 CONTRACT SERVICES 314317 09 -Oct -2007 MATERIALS 314470 16- Oct -2007 MATERIALS 314471 16 -Oct -2007 SUPPLIES 314668 23 -Oct -2007 SUPPLIES 314669 23- Oct -2007 TRAVEUMILEAGE 314670 23- Oct -2007 TAX REFUND OVERPAYMENT 314671 23 -Oct -2007 MATERIALS 314318 09 -Oct -2007 UTILITIES 314472 16- Oct -2007 UTILITIES 314473 16- Oct -2007 UTILITIES 314474 16 -Oct -2007 UTILITIES 314672 23 -Oct -2007 UTILITIES 314673 23- Oct -2007 UTILITIES 314674 23 -Oct -2007 MATERIALS 314675 23- Oct -2007 MATERIALS 314475 16 -Oct -2007 REFUND FOR PASSES RET'D 314476 16- Oct -2007 MAINTENANCE /REPAIRS 314676 23- Oct -2007 TAX REFUND MTG. #3554256795 314477 16 -Oct -2007 CONSULTING SERVICES 314478 16 -Oct -2007 EQUIPMENT 314320 09- Oct -2007 CONSULTING SERVICES 314677 23- Oct -2007 TRAVEL /MILEAGE OCTOBER 07 314479 16 -Oct -2007 MATERIALS 314678 23 -Oct -2007 MATERIALS 314679 23 -Oct -2007 CONSULTING SERVICES 314322 09 -Oct -2007 CONTRACT SERVICES 314680 23 -Oct -2007 REFUND 314323 09 -Oct -2007 MATERIALS 314324 09 -Oct -2007 MATERIALS 314495 16- Oct -2007 CONTRACT SERVICES 314700 23 -Oct -2007 CONTRACT SERVICES 314682 23 -Oct -2007 TAX REFUND OVERPAYMENT 314325 09 -Oct -2007 MATERIALS 314326 09 -Oct -2007 TRAVEL /MILEAGE Page 1 of 7 Amount 11,496.71 120.67 163.38 7,604.72 1,436.40 54,655.43 13,657.34 85.22 144.21 168.15 68.90 180.20 524.17 291.92 561.80 702.54 2,137.80 6,545.41 10.26 126.63 18,472.03 15.96 518.70 63.84 2,026.47 738.14 651.36 662.40 651.36 41,361.20 34.00 124.70 5,696.30 62,927.38 2,046.30 782.81 265.53 97,793.68 66.84 1,980.46 350.25 397.72 262.00 180.39 93.93 8,076.40 286.24 57.00 182.16 456.91 13.47 678.28 300.00 176.40 107.73 4,736.44 397.50 61,159.86 60.00 50.00 583.80 369.30 3,284.02 3,995.14 150.00 140.00 232.00 6,712.45 12,796.85 423.10 1,199.85 61.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN MAINTENANCE SERVICES CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE COMMERCIAL MASTERCARD CANCORE INDUSTRIES INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARDINAL COURIERS LTD CAROLINIAN CANADA FORUM CARRICK,MARZENNA CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CATARACT COLLISION CENTRE CENTURY VALLEN CERIDIAN LIFEWORKS SERVICES CHARLES JONES INDUSTRIAL LTD CHEVY LANE FABRICATIONS CIT FINANCIAL LTD SCOTIABANK SCOTIABANK CLAYDON,JEFF CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLBEY CUSTOM FABRICATING CO LIMITED COLLEE,MICHAEL COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITY HERITAGE ONT CONTINENTAL TIRE CANADA INC COTTON INC CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CREDIT UNION OF CENTRAL ONTARIO CREDIT UNION OF CENTRAL ONTARIO CROWLAND VOLUNTEER FIREFIGHTERS ASSOC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 D J PENWARDEN APPRAISALS DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DAISY MART DARBYSON,DOUG DARBYSON,DOUG DELL CANADA INC DELL CANADA INC DELL CANADA INC DELPHI BANQUET FACILITIES DELTA ORGANIZATION LEADERSHIP LIMITED DEMOL'S TIRE SALES SERVICE DESIGN ELECTRONICS DESIGN ELECTRONICS DESORMEAUX,LARRY DIRECT EQUIPMENT LTD DOBBIES FLORIST LTD DR A. H. MCFARLANE A M CONSULTING DRAFTCON CALAMAR CORP DRAFTCON CALAMAR CORP DUERKSEN,ANGELA DUNNETT,RODNEY E3 LABORATORIES EARTH TECH CANADA INC Page 2 of 7 Cheque No. Cheque Date Purpose Amount 314328 09- O6t -2007 MATERIALS 58.01 314683 23 -Oct -2007 MAINTENANCE /REPAIRS 1,898.46 314329 09 -Oct -2007 MATERIALS 3,419.85 314480 16 -Oct -2007 MAINTENANCE /REPAIRS 2,345.04 314684 23- Oct -2007 MAINTENANCE /REPAIRS 1,097.42 314481 16- Oct -2007 MATERIALS 65.15 314482 16 -Oct -2007 MATERIALS 5,114.56 314686 23- Oct -2007 MATERIALS 63.25 314327 09 -Oct -2007 MAINTENANCE/REPAIRS 2,885.22 314330 09- Oct -2007 CONTRACT SERVICES 267.12 314685 23- Oct -2007 CONTRACT SERVICES 5,163.10 314687 23- Oct -2007 COURIER 95.24 314688 23 -Oct -2007 REMITTANCE CAROLINIAN COALIT 70.00 314689 23- Oct -2007 TRAVEL /MILEAGE SEPT /07 81.50 314331 09- Oct -2007 MATERIALS 89.41 314483 16 -Oct -2007 MATERIALS 132.02 314332 09- Oct -2007 LEASES AND RENTS 739.86 314690 23 -Oct -2007 MAINTENANCE /REPAIRS 2,250.22 314691 23 -Oct -2007 MATERIALS 631.95 314333 09- Oct -2007 CONTRACT SERVICES 2,281.50 314485 16 -Oct -2007 STORES /INVENTORY 252.35 314334 09- Oct -2007 MATERIALS 2,302.80 314692 23 -Oct -2007 LEASES AND RENTS 889.20 314336 09- Oct -2007 PURCHASE CARD 33,599.03 314693 23- Oct -2007 PURCHASE CARD 35,300.84 314337 09 -Oct -2007 TRAVEUMILEAGE 65.00 314486 16- Oct -2007 MATERIALS 255.36 314338 09 -Oct -2007 UTILITIES 108.03 314487 16 -Oct -2007 UTILITIES 352.72 314694 23- Oct -2007 UTILITIES 148.30 314488 16 -Oct -2007 MAINTENANCE /REPAIRS 563.16 314489 16 -Oct -2007 REFUND PURCHASE INCENTIVE 300.00 314490 16- Oct -2007 MATERIALS 1,243.29 314339 09 -Oct -2007 CONTRACT SERVICES 20,702.33 314695 23 -Oct -2007 CONTRACT SERVICES 17,626.07 314696 23- Oct -2007 SUBSCRIPTION -2007 MEMBERSHIP 70.00 314491 16- Oct -2007 MATERIALS 2,984.91 314492 16 -Oct -2007 CONTRACT SERVICES 146,306.80 314305 04 -Oct -2007 REMITTANCE CONFERENCE FEE 175.00 314697 23- Oct -2007 CONFERENCE FEE C. IOANNONI 175.00 314698 23- Oct -2007 CONFERENCE REMITTANCE C. R 175.00 314340 09- Oct -2007 CONTRACT SERVICES 7,515.00 314493 16 -Oct -2007 CONTRACT SERVICES 2,493.00 314699 23 -Oct -2007 TRUST ACCT REPLENISHMENT 15,000.00 314341 09- Oct -2007 TAX REFUND WIELER 1,103.20 314494 16 -Oct -2007 REFUND -TAX 5478 ROYAL MANOR 405.54 314496 16 -Oct -2007 GRAND OPENING REIMBURSE 1,619.90 314342 09 -Oct -2007 PAYROLL REMITTANCE 3,728.75 314497 16 -Oct -2007 PAYROLL REMITTANCE 3,720.91 314701 23 -Oct -2007 PAYROLL REMITTANCE 3,729.38 314348 09 -Oct -2007 CONSULTING SERVICES 5,119.80 314498 16 -Oct -2007 MATERIALS 2,624.04 314499 16 -Oct -2007 REFUND FOR RET'D PASS 49.00 314343 09 -Oct -2007 TRAVEUMILEAGE 233.50 314500 16 -Oct -2007 TRAVEUMILEAGE CONFERENCE 152.72 314345 09 -Oct -2007 COMPUTER 228.00 314501 16 -Oct -2007 COMPUTER 13,865.82 314702 23 -Oct -2007 COMPUTER 11,927,82 314653 19 -Oct -2007 REMITTANCE DANIELS 920.00 314346 09 -Oct -2007 CONSULTING SERVICES 3,353.85 314502 16 -Oct -2007 MAINTENANCE /REPAIRS 1,525.87 314347 09 -Oct -2007 LEASES AND RENTS 85.50 314503 16 -Oct -2007 MATERIALS 3,639.62 314504 16 -Oct -2007 REFUND DRIVERS MEDICAL 85.00 314505 16 -Oct -2007 MATERIALS 666.33 314349 09 -Oct -2007 MATERIALS 77.12 314386 09 -Oct -2007 CONSULTING SERVICES 1,500.00 314350 09 -Oct -2007 CONTRACT SERVICES 134,847.41 314703 23 -Oct -2007 REFUND OF SERVICE DEPOSIT 750.00 314705 23- Oct -2007 TRAVEL /MILEAGE WINDSOR 663.98 314506 16 -Oct -2007 TRAINING ALLOW 10/07 100.00 314706 23 -Oct -2007 CONTRACT SERVICES 2,802.79 314708 23 -Oct -2007 CONSULTING SERVICES 7,327.39 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EARTHDANCE LANDSCAPING INC ECHELON RESPONSE TRAINING INC ELECTROMEGA LTD ELREG DISTRIBUTORS LTD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC EVANGELISTA,BARBARA EVANS,PAUL EVANS REFRIGERATION LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FEDERAL EXPRESS CANADA LTD FEREN SIGNS AWNINGS LTD FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLAGS OVER NIAGARA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORREST,COLIN FRANK COWAN COMPANY LIMITED FRED CRAIG FRED CRAIG FROESE,ROBERT JAMES FRONTIER EQUIPMENT CO LTD G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GALT MACHINE KNIFE SAW GARDENING LIFE MAGAZINE GEORGE BAILEY GILL,PAUL MAUREEN GIRHINY,STEVE GLADDING SALES AGENCY LTD GLOBAL CADD SYSTEMS CORP GOFORTH,HANYA GOODLIFE FITNESS CLUBS GOODLIFE FITNESS CLUBS GOODYEAR,WALTER DAVID GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GROUND AERIAL MAINTENANCE LTD HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALLIDAY,DR FIONA HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HECO HECO HECO HERITAGE RESEARCH HICKS MORLEY HAMILTON STEWART STORIE LLP HOLMAN,GEOFF ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC ICI CANADA INC IN2ITIVE GROUP INC INNOVATIVE SURFACE SOLUTIONS CANADA INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS Cheque No, Cheque Date Purpose 314707 23- Oct -2007 MATERIALS 314507 16 -Oct -2007 MATERIALS 314709 23 -Oct -2007 MATERIALS 314351 09 -Oct -2007 MATERIALS 314303 03- Oct -2007 UTILITIES 314352 09- Oct -2007 UTILITIES 314509 16- Oct -2007 UTILITIES 314711 23 -Oct -2007 UTILITIES 314304 03- Oct -2007 CONTRACT SERVICES 314712 23- Oct -2007 REFUND OF SERVICE DEPOSIT 314713 23- Oct -2007 REFUND 314510 16- Oct -2007 MATERIALS 314353 09 -Oct -2007 MATERIALS 314354 09- Oct -2007 CONTRACT SERVICES 314511 16- Oct -2007 CONTRACT SERVICES 314714 23- Oct -2007 CONTRACT SERVICES 314512 16- Oct -2007 MATERIALS 314513 16- Oct -2007 MAINTENANCE /REPAIRS 314355 09 -Oct -2007 MATERIALS 314514 16- Oct -2007 MATERIALS 314356 09- Oct -2007 CONCESSION SUPPLIES 314716 23 -Oct -2007 CONCESSION SUPPLIES 314717 23- Oct -2007 COURIER 314515 16 -Oct -2007 MATERIALS 314357 09- Oct -2007 CONTRACT SERVICES 314718 23 -Oct -2007 MAINTENANCE /REPAIRS 314358 09- Oct -2007 MATERIALS 314516 16 -Oct -2007 MAINTENANCE /REPAIRS 314517 16- Oct -2007 MATERIALS 314518 16- Oct -2007 MAINTENANCE /REPAIRS 314719 23- Oct -2007 MATERIALS 314720 23 -Oct -2007 REFUND PARKING TICKET OVERP, 314519 16- Oct -2007 INSURANCE 314359 09- Oct -2007 MATERIALS 314721 23- Oct -2007 SUPPLIES 314722 23- Oct -2007 REFUND OF SERVICE DEPOSIT 314360 09- Oct -2007 MATERIALS 314363 09- Oct -2007 MATERIALS 314520 16- Oct -2007 FUEL 314361 09 -Oct -2007 MATERIALS 314723 23 -Oct -2007 CONTRACT SERVICES 314724 23 -Oct -2007 MATERIALS 314362 09- Oct -2007 MATERIALS 314521 16 -Oct -2007 TAX OVERPAYMENT REFUND 314522 16- Oct -2007 REFUND COACHING CLINIC 314364 09 -Oct -2007 MATERIALS 314523 16 -Oct -2007 CONTRACT SERVICES 314524 16 -Oct -2007 PETTY CASH OCT 9/07 314365 09- Oct -2007 MEMBERSHIP REMITTANCE 314525 16- Oct -2007 MEMBERSHIP REMITTANCE 314366 09- Oct -2007 TAX REFUND WILLIAM ST 314367 09 -Oct -2007 MATERIALS 314526 16- Oct -2007 MATERIALS 314725 23- Oct -2007 PAYROLL REMITTANCE 314369 09- Oct -2007 CONTRACT SERVICES GRASSY E 314371 09 -Oct -2007 CONTRACT SERVICES 314727 23 -Oct -2007 MAINTENANCE /REPAIRS 314453 10- Oct -2007 MATERIALS 314372 09 -Oct -2007 TRAVEUMILEAGE AUGUST 2007 314527 16- Oct -2007 MATERIALS 314373 09 -Oct -2007 MAINTENANCE /REPAIRS 314528 16- Oct -2007 MAINTENANCE /REPAIRS 314728 23 -Oct -2007 MAINTENANCE /REPAIRS 314729 23 -Oct -2007 CONSULTING SERVICES 314374 09 -Oct -2007 CONTRACT SERVICES 314529 16 -Oct -2007 TRAVEUMILEAGE SEPT 07 314375 09 -Oct -2007 MATERIALS 314730 23 -Oct -2007 MATERIALS 314530 16- Oct -2007 MATERIALS 314731 23- Oct -2007 MATERIALS 314376 09- Oct -2007 MATERIALS 314377 09 -Oct -2007 MATERIALS 314531 16 -Oct -2007 MATERIALS Page 3 of 7 Amount 22,339.71 239.04 6,606.30 213.73 24.99 63.29 3,018.59 1,535.95 460.00 1,000.00 148.19 1,171.30 2,699.52 153.80 1,153.28 418.70 4,412.66 1,785.51 138.46 20,548.77 1,083.94 1,038.02 34.03 396.15 130,826.54 286.20 768.66 452.39 45.59 246.81 173.28 5.00 12,095.79 267.05 255.08 750.00 38.76 109.00 378.56 165.30 1,554.96 159.00 50.00 450.58 45.00 1,718.87 1,272.00 428.55 1,751.12 1,437.36 457.08 524.81 29.44 38.40 255.04 835.05 855.00 26,662.91 273.50 9,858.56 4,512.03 1,295.21 1,570.96 500.00 10,851.94 91.00 2,314.10 643.70 80.68 30.38 3,642.47 3,250.90 1,985.05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name INTERSTATE BATTERY SYSTEMS OF HAMILTON IOANNONI,CARMINE ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACK DOW AUTO SUPPLIES LIMITED JACKIEWICZ,ALLAN JACKSON,DAVE JAGGER HIMS LIMITED JAGGER SPORTS CO JAMES H BANDOW ASSOCIATES JAMES ROCCA BARRISTER (IN TRUST) JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOSEPH URBAN CONSULTANTS KCM CONSTRUCTION MAINTENANCE KELLY DIGS LANDSCAPING KENNETH B HARRIS IN TRUST, KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KISSMANN,KEN KNOWLTON PASS ELECTRONICS INC KRONSTEIN,MARK KROWN RUST CONTROL LAKES MAINTENANCE LANG DRYWALL ACOUSTICS LTD LAWSON PRODUCTS INC LAWSON PRODUCTS INC LEEDS TRANSIT LEXISNEXIS CANADA INC LUKOWSKI,JOANNE SOGNA MACLEAN,DAVE MACLEAN,JASON MANPOWER MASLEK,JOVO MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCAP SERVICE CORPORATION MCCONNELL,LUCILLE MCDOW,GRANT MCLEAN KERR LLP MCNAMARA,SUSAN MEDIA PRO INC MERIDIAN PLANNING CONSULTANTS INC MG PROMOTIONS MINGLE,MARGARET MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG SUPPLY CO MOHAWK MFG SUPPLY CO MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MORTON,DALE MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MR QUICK SOFT CLOTH MR ROOTER PLUMBING MUNICIPAL WORLD INC NEW FOOD BOX THE NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA COMMUNITY NEWSPAPERS Cheque No. Cheque Date Purpose 314732 23 -Oc't -2007 MATERIALS 314532 16- Oct -2007 REFUND TUITION REIMB. 10/07 314533 16 -Oct -2007 SAFETY WEAR 314733 23 -Oct -2007 SAFETY SHOES 314534 16- Oct -2007 MAINTENANCE /REPAIRS 314378 09 -Oct -2007 REFUND 314535 16 -Oct -2007 TRAVEUMILEAGE OCT /07 314536 16 -Oct -2007 CONSULTING SERVICES 314454 11- Oct -2007 REMITTANCE 314379 09 -Oct -2007 CONSULTING SERVICES 314792 23 -Oct -2007 ADMINISTRATIVE 314537 16- Oct -2007 MAINTENANCE /REPAIRS 314380 09- Oct -2007 CONSULTING SERVICES 314381 09- Oct -2007 CONTRACT SERVICES 314382 09- Oct -2007 CONTRACT SERVICES 314735 23 -Oct -2007 TAX REFUND SIRIANNI, D 314538 16- Oct -2007 CONSULTING SERVICES 314736 23 -Oct -2007 CONSULTING SERVICES 314737 23- Oct -2007 CONTRACT SERVICES 314539 16- Oct -2007 DRIVERS MEDICAL 314540 16 -Oct -2007 CONTRACT SERVICES 314541 16- Oct -2007 TRAVEL /MILEAGE 314738 23- Oct -2007 MAINTENANCE /REPAIRS 314542 16- Oct -2007 MAINTENANCE /REPAIRS 314383 09- Oct -2007 CONTRACT SERVICES 314543 16- Oct -2007 PAINTS 314740 23 -Oct -2007 SUPPLIES 314741 23- Oct -2007 MAINTENANCE /REPAIRS 314742 23- Oct -2007 CONTRACT SERVICES 314744 23 -Oct -2007 REFUND 314746 23- Oct -2007 REFUND 314745 23- Oct -2007 SAFETY SHOES 314747 23- Oct -2007 CONTRACT SERVICES 314748 23 -Oct -2007 SAFETY SHOES 314545 16 -Oct -2007 CONTRACT SERVICES 314749 23- Oct -2007 CONTRACT SERVICES 314546 16- Oct -2007 TRAVEUMILEAGE 314750 23 -Oct -2007 REFUND 314547 16 -Oct -2007 TRAVEUMILEAGE 314548 16- Oct -2007 FUNDING 314751 23- Oct -2007 CONSULTING SERVICES 314549 16 -Oct -2007 TRAVEUMILEAGE 314752 23- Oct -2007 SIGNAGE 314753 23 -Oct -2007 CONSULTING SERVICES 314550 16- Oct -2007 MATERIALS 314388 09- Oct -2007 TRAVEUMILEAGE 314552 16 -Oct -2007 REMITTANCE 314651 17- Oct -2007 2008 VEHICLE LICENCE RENEWAL 314652 18 -Oct -2007 REMITTANCE 314389 09 -Oct -2007 PAYROLL REMITTANCE 314551 16- Oct -2007 PAYROLL REMITTANCE 314754 23 -Oct -2007 PAYROLL REMITTANCE 314390 09 -Oct -2007 CONTRACT SERVICES 314554 16 -Oct -2007 CONTRACT SERVICES 314755 23 -Oct -2007 CONTRACT SERVICES 314555 16- Oct -2007 MATERIALS 314756 23 -Oct -2007 MATERIALS 314556 16 -Oct -2007 CONSULTING SERVICES 314757 23 -Oct -2007 CONTRACT SERVICES 314391 09 -Oct -2007 TRAVEUMILEAGE 314557 16 -Oct -2007 TRAVEUMILEAGE 314392 09 -Oct -2007 REFUND EXPENSES 314758 23 -Oct -2007 REFUND EXPENSES 314558 16 -Oct -2007 PARTS 314759 23- Oct -2007 PARTS 314559 16 -Oct -2007 CONTRACT SERVICES 314760 23 -Oct -2007 SERVICE DEPOSIT REFUND 314560 16 -Oct -2007 PUBLICATIONS 314762 23 -Oct -2007 CONCESSION SUPPLIES 314561 16 -Oct -2007 AUTOMOTIVE SUPPLIES 314763 23- Oct -2007 AUTOMOTIVE SUPPLIES 314764 23 -Oct -2007 MATERIALS 314765 23 -Oct -2007 ADVERTISING Page4of7 Amount 675.79 272.97 332.87 148.19 142.50 1,452.92 121.50 1,573.44 159.00 9,360.00 27,000.00 328.60 2,385.00 1,057.88 4,116.19 361.00 8,761.43 1,430.63 600.49 95.00 5,597.40 48.00 177.84 106.00 719.02 2,421.87 1,120.16 1,024.98 380.79 750.00 240.00 91.19 2,087.40 150.00 2,406.20 6,804.70 96.00 918.00 96.00 45.00 1,323.54 96.00 59.85 6,813.68 463.59 19.50 8,295.94 31,430.50 580.24 1,736.23 1,736.23 1,736.23 702.67 83.17 997.24 806.81 1,051.39 3,399.95 330.37 212.50 61.50 91.59 420.58 947.98 900.23 209.88 750.00 70.70 2,022.00 1,844.85 6,348.94 188.22 3,934.55 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA DRIVETRAIN CENTRE NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA RESTAURANT SUPPLY LTD NIAGARA RESTAURANT SUPPLY LTD NIAGARA SHEET METAL NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA.COM NICKS TRUCK PARTS INC. NORJOHN LTD NORTHSTAR CONSTRUCTION NORTON,GAGE NRU PUBLISHING INC OPSINC OCE- CANADA INC OCE- CANADA INC OMERS ONTARIO MARCH OF DIMES OPTIMIST CLUB PAGEE HOMES LIMITED PARKS RECREATION ONTARIO PARTY CONNECTION PCO SERVICES CORPORATION PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENNER BUILDING CENTRE PEOPLE 2 DESIGN PERFORMANCE POWDER COATING FASTENERS LTD PETERS EXCAVATING INC PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PINEWOOD HOMES (NIAGARA) LTD PLAYPOWER LT CANADA INC POPPA CORN CORP POPPA CORN CORP POTTS,JESSICA PRATA,GUY PRAXAIR PRAXAIR PREVOST COACH TRANSIT PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R D CONSTRUCTION (NIAGARA) LTD R J SMITH EQUIPMENT INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA Cheque No. Cheque Date Purpose 314563 16- Oct -2007 GRANT 314564 16- Oct -2007 MATERIALS 314396 09- Oct -2007 PAYROLL REMITTANCE 314567 16- Oct -2007 PAYROLL REMITTANCE 314768 23- Oct -2007 PAYROLL REMITTANCE 314393 09- Oct -2007 REMITTANCE WATER ARREARS 314394 09- Oct -2007 UTILITIES 314565 16- Oct -2007 REMITTANCE WATER ARREARS 314566 16- Oct -2007 UTILITIES 314766 23- Oct -2007 REMITTANCE WATER ARREARS 314767 23- Oct -2007 UTILITIES 314395 09- Oct -2007 ADMINISTRATIVE 314397 09- Oct -2007 GRANT 314398 09- Oct -2007 MEDICAL EXAMINATIONS 314568 16- Oct -2007 MATERIALS 314399 09- Oct -2007 EQUIPMENT 314569 16- Oct -2007 MATERIALS 314400 09- Oct -2007 MAINTENANCE /REPAIRS 314570 16- Oct -2007 ADVERTISING 314771 23- Oct -2007 ADVERTISING 314571 16- Oct -2007 P CASH REIMBURSEMENT 314562 16- Oct -2007 CONTRACT SERVICES 314572 16- Oct -2007 MATERIALS 314573 16- Oct -2007 CONTRACT SERVICES 314574 16- Oct -2007 CONTRACT SERVICES 314772 23- Oct -2007 SAFETY SHOES 314401 09- Oct -2007 SUBSCRIPTION 314577 16- Oct -2007 PROTECTIVE EYE WEAR 314402 09- Oct -2007 MATERIALS 314575 16- Oct -2007 OFFICE SUPPLIES 314576 16- Oct -2007 PAYROLL REMITTANCE ADJ 314774 23- Oct -2007 ADVERTISING 314775 23- Oct -2007 MATERIALS 314776 23- Oct -2007 REFUND 314403 09- Oct -2007 ADVERTISING 314777 23- Oct -2007 MATERIALS 314578 16- Oct -2007 CONTRACT SERVICES 314580 16- Oct -2007 CONTRACT SERVICES 314405 09- Oct -2007 CONTRACT SERVICES 314404 09- Oct -2007 CONTRACT SERVICES 314579 16- Oct -2007 CONTRACT SERVICES 314778 23- Oct -2007 CONTRACT SERVICES 314581 16- Oct -2007 MATERIALS 314406 09- Oct -2007 CONTRACT SERVICES 314582 16- Oct -2007 MATERIALS 314583 16 -Oct -2007 CONTRACT SERVICES 314780 23- Oct -2007 CONTRACT SERVICES 314407 09 -Oct -2007 CONTRACT SERVICES 314584 16 -Oct -2007 CONTRACT SERVICES 314408 09- Oct -2007 EQUIPMENT 314409 09 -Oct -2007 CONCESSION SUPPLIES 314781 23- Oct -2007 CONCESSION SUPPLIES 314585 16 -Oct -2007 TRAVEL/MILEAGE 314586 16- Oct -2007 TRAVEUMILEAGE 314587 16- Oct -2007 LEASES AND RENTS 314783 23 -Oct -2007 LEASES AND RENTS 314785 23 -Oct -2007 PARTS 314410 09 -Oct -2007 CONTRACT SERVICES 314588 16- Oct -2007 CONTRACT SERVICES 314411 09- Oct -2007 COURIER 314589 16 -Oct -2007 COURIER 314786 23 -Oct -2007 COURIER 314414 09 -Oct -2007 CONTRACT SERVICES 314598 16 -Oct -2007 SERVICE PARTS 314599 16- Oct -2007 UNIFORMS 314590 16 -Oct -2007 STORES /INVENTORY 314412 09- Oct -2007 CONTRACT SERVICES 314413 09 -Oct -2007 REMITTANCE 314415 09 -Oct -2007 PAYROLL REMITTANCE 314591 16 -Oct -2007 PAYROLL REMITTANCE 314787 23 -Oct -2007 PAYROLL REMITTANCE 314416 09- Oct -2007 PAYROLL REMITTANCE 314592 16- Oct -2007 PAYROLL REMITTANCE Page 5 of7 Amount 22,424.00 245.96 2,935.00 2,935.00 2,935.00 9,879.03 126.41 11,901.94 6,499.09 3,692.16 11,232.66 112.50 46,666.70 935.20 6.02 3,251.94 131.05 171.00 279.84 157.94 665.25 152.06 263.34 187,812.87 1,836.45 150.00 560.74 20.38 3,077.53 8.48 49,322.60 100.00 6,452.14 750.00 159.00 245.10 63.60 5,565.00 31.80 250.00 180.00 20.00 213,22 609.50 1,140.00 7,160.72 40,609.30 3,784.20 755.57 91,930.19 402,78 321.39 53.50 36.50 1,036.27 739.16 1,258.60 312,245.48 15,900.00 71.56 165.50 38.19 1,727.41 6,834.87 1,351.46 635.32 100,362.39 1,226.68 185,236.50 174,657.08 176,593.99 168.86 182.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RECEIVER GENERAL FOR CANADA REDA,GIOVANNI REGIONAL NIAGARA FIRE BUFFS RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED ROGERS WIRELESS INC RONNIES GENERATOR SERVICE LTD. ROYAL CANADIAN LEGION BRANCH 51 ROYAL CANADIAN LEGION BRANCH 51 RUDACHUK,PHILIP SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SCARINGI,VITO SCHOFIELD,RICHARD SCOTIABANK SCOTIABANK SCOTIABANK BILL PAYMENT SERVICES SEALER WORKS SEALER WORKS SETON SETON SHAHEEN PEAKER LTD SIBLEY ASSOCIATES INC SIBLEY ASSOCIATES INC SIDEWALKS PLUS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SMITH,LEE SNAP ON TOOLS SOBOTA,MARK STAMFORD HOME HARDWARE STEVENSVILLE LAWN SERVICE INC STOKES INTERNATIONAL STRANGES,LOU STRANGES,TOM STRANGES,VINCENT STRATEGY CORP STREAMLINE STREAMLINE SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPER 8 HOTEL SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC SUPERIOR PROPANE INC TAG INC TAB TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TASSONE,FRANK TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED TERANET INC THE BUSINESS LINK NIAG LTD THE DRAFTING CLINIC CANADA LTD Page6of7 Cheque No. Cheque Date Purpose Amount 314788 23 -Oct -2007 PAYROLL REMITTANCE 168.45 314789 23 -Oct -2007 REFUND 843.72 314596 16- Oct -2007 SUPPLIES 356.63 314597 16- Oct -2007 CONTRACT SERVICES 1,703.42 314793 23 -Oct -2007 CONTRACT SERVICES 3,285.34 314600 16 -Oct -2007 AUTOMOTIVE PARTS 516.86 314418 09- Oct -2007 REMEMBRANCE DAY WREATH 65.00 314601 16 -Oct -2007 WREATH 65.00 314602 16- Oct -2007 TRAVEUMILEAGE 459.50 314603 16 -Oct -2007 CONTRACT SERVICES 145,603.40 314604 16- Oct -2007 CLOTHING APPAREL 2,209.05 314794 23 -Oct -2007 PROTECTIVE WEAR 134.71 314419 09- Oct -2007 PARTS 4,159.58 314605 16 -Oct -2007 PARTS 280.88 314420 09- Oct -2007 STORES /INVENTORY 769.50 314606 16- Oct -2007 TRAVEL /MILEAGE 124.00 314607 16 -Oct -2007 REMITTANCE 30.00 314421 09 -Oct -2007 U S DRAFT -GFOA 620.54 314654 19- Oct -2007 U S DRAFT -URS CORPORATION 48,164.40 314422 09- Oct -2007 REFUND 1,160.00 314610 16- Oct -2007 CONTRACT SERVICES 2,064.35 314796 23- Oct -2007 MATERIALS 4,656.05 314423 09- Oct -2007 SAFETY SUPPLIES 347.35 314798 23- Oct -2007 SAFETY SUPPLIES 531.19 314424 09- Oct -2007 CONTRACT SERVICES 12,526.02 314425 09 -Oct -2007 CONSULTING SERVICES 7,156.69 314799 23- Oct -2007 CONSULTING SERVICES 4,889.25 314800 23- Oct -2007 CONTRACT SERVICES 6,275.20 314611 16- Oct -2007 MATERIALS 598.50 314801 23- Oct -2007 SIGNS 820.80 314426 09- Oct -2007 CONTRACT SERVICES 1,170.70 314612 16- Oct -2007 MAINTENANCE /REPAIRS 319.20 314613 16- Oct -2007 P CASH REIMBURSEMENT 151.65 314427 09 -Oct -2007 AUTOMOTIVE PARTS 29.87 314803 23- Oct -2007 REFUND 750.00 314614 16 -Oct -2007 MATERIALS 17.93 314804 23- Oct -2007 CONTRACT SERVICES 20,163.76 314615 16- Oct -2007 UNIFORM ACCESSORIES 1,568.34 314617 16- Oct -2007 TRAVEUMILEAGE 33.50 314616 16 -Oct -2007 SAFETY SHOES 150.00 314805 23 -Oct -2007 SAFETY SHOES 750.00 314618 16 -Oct -2007 CONTRACT SERVICES 7,950.00 314619 16- Oct -2007 MAINTENANCE /REPAIRS 327.18 314806 23- Oct -2007 MAINTENANCE/REPAIRS 535.80 314428 09- Oct -2007 CONTRACT SERVICES 1,974.41 314622 16 -Oct -2007 REMITTANCE 263,020.54 314623 16- Oct -2007 REMITTANCE 881.22 314808 23 -Oct -2007 REMITTANCE 535.99 314429 09- Oct -2007 FUEL 1,661.42 314621 16 -Oct -2007 FUEL 97,764.99 314807 23 -Oct -2007 FUEL 73,749.80 314809 23- Oct -2007 REFUND 1,620.00 314625 16 -Oct -2007 COFFEE SUPPLIES 22.00 314430 09 -Oct -2007 FUEL 31.35 314624 16 -Oct -2007 FUEL 922.22 314810 23 -Oct -2007 FUEL 2,130.62 314627 16 -Oct -2007 PARTS 2,496.44 314626 16- Oct -2007 OFFICE SUPPLIES 126.43 314628 16 -Oct -2007 CONTRACT SERVICES 213.50 314811 23 -Oct -2007 CONTRACT SERVICES 731.78 314431 09 -Oct -2007 ADVERTISING 996.82 314812 23 -Oct -2007 SAFETY SHOES 150.00 314629 16 -Oct -2007 MATERIALS 96.00 314432 09- Oct -2007 CONTRACT SERVICES 127.20 314630 16 -Oct -2007 CONTRACT SERVICES 5,767.55 314631 16 -Oct -2007 CONTRACT SERVICES 104.85 314632 16 -Oct -2007 UTILITIES 1,574.38 314813 23 -Oct -2007 MATERIALS 539.69 314814 23 -Oct -2007 CONTRACT SERVICES 6,169.66 314433 09 -Oct -2007 MATERIALS 71.00 314815 23 -Oct -2007 ADMINISTRATIVE -LEGAL 10,000.00 314681 23 -Oct -2007 ADVERTISING 545.90 314704 23- Oct -2007 SUPPLIES 627.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE EMPIRE LIFE INSURANCE CO THE EMPIRE LIFE INSURANCE CO THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE SENIORS REVIEW TONG,SI -KI TOTTEN SIMS HUBICKI ASSOCIATES TRAVERS,SHAWN TREASURE HOUSE IMPORTS LTD TREVOR P GARWOOD -JONES ARCHITECT INC TROW ASSOCIATES INC TROW ASSOCIATES INC TURF CARE PRODUCTS CANADA LIMITED TYERS,SUSAN UAP INC #963 UNITED WAY UNITED WAY UNIVERSITY OF GUELPH UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER DIGGON LIMITED WRIGHT FUELS INC WSIB WSIB WSIB XCEED MORTGAGE CORPORATION XEROX CANADA LTD YANAVIRIYAJAN,PHRA YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YOUNG SOD FARMS LTD ZAMBONI COMPANY LTD ZIEGLER,COLLEEN Page 7 of 7 Cheque No. Cheque Date Purpose Amount 314508 16 -Oct -2007 REMITTANCE INSURANCE 31,041.19 314710 23- Oct -2007 REMITTANCE INSURANCE 729.73 314434 09- Oct -2007 CONCESSION SUPPLIES 1,313.34 314816 23- Oct -2007 CONCESSION SUPPLIES 1,736.21 314633 16- Oct -2007 OFFICE SUPPLIES 136.80 314417 09- Oct -2007 MATERIALS 442.58 314452 10- Oct -2007 COST SHARING 504,360.61 314593 16- Oct -2007 ADDITIONAL DEV CHARGES 18,516.00 314594 16- Oct -2007 DEVELOPMENT CHARGES 310,332.58 314595 16- Oct -2007 MATERIALS 1,294.66 314790 23- Oct -2007 CONTRACT SERVICES 7,950.00 314791 23- Oct -2007 WATER AND WASTE FLOW 1,712,976.53 EFT WIRE 12- Oct -2007 TAX LEVY 15,181,764.00 314634 16- Oct -2007 ADVERTISING 890.40 314817 23- Oct -2007 ADVERTISING 13,478.92 314797 23- Oct -2007 ADVERTISING 477.00 314635 16- Oct -2007 SAFETY SHOES 148.01 314436 09- Oct -2007 CONTRACT SERVICES 5,098.56 314636 16- Oct -2007 REFUND 227.99 314438 09- Oct -2007 MATERIALS 1,897.40 314637 16- Oct -2007 CONTRACT SERVICES 402.80 314638 16- Oct -2007 CONTRACT SERVICES 2,850.68 314818 23- Oct -2007 CONTRACT SERVICES 10,123.00 314819 23- Oct -2007 MATERIALS 883.92 314639 16- Oct -2007 TRAVEL/MILEAGE 96.00 314640 16- Oct -2007 STORES /INVENTORY 120.75 314641 16- Oct -2007 ADMINISTRATIVE 100.00 314820 23- Oct -2007 PAYROLL REMITTANCE 1,111.00 314440 09- Oct -2007 REMITTANCE- TRAINING 4,741.28 314642 16- Oct -2007 CONSULTING SERVICES 11,066.08 314441 09- Oct -2007 CONTRACT SERVICES 7,009.25 314643 16- Oct -2007 CONTRACT SERVICES 3,909.55 314821 23- Oct -2007 CONTRACT SERVICES 5,024.37 314822 23- Oct -2007 CONTRACT SERVICES 685,574.24 314442 09- Oct -2007 MATERIALS 7,367.82 314443 09- Oct -2007 MATERIALS 149.15 314446 09 -Oct -2007 CONTRACT SERVICES 23.10 314646 16- Oct -2007 CONTRACT SERVICES 101.22 314824 23- Oct -2007 CONTRACT SERVICES 46.64 314445 09 -Oct -2007 SHEET TOP ASPHALT 3,117.28 314644 16- Oct -2007 MATERIALS 1,112.90 314823 23- Oct -2007 MATERIALS 2,175.13 314645 16- Oct -2007 MATERIALS 530.00 314448 09 -Oct -2007 FUEL 3,903.61 314648 16- Oct -2007 REMITTANCE 15,241.92 314827 23- Oct -2007 ADMINISTRATIVE 50,000.00 314828 23- Oct -2007 ADMINISTRATIVE 11,719.52 314715 23- Oct -2007 REFUND 547.56 314649 16- Oct -2007 OFFICE SUPPLIES 239.28 314829 23- Oct -2007 REFUND 1,500.00 314449 09 -Oct -2007 CONTRACT SERVICES 165.10 314830 23- Oct -2007 ADVERTISING 15.53 314450 09- Oct -2007 CONTRACT SERVICES 667.38 314451 09- Oct -2007 MATERIALS 113.96 314650 16- Oct -2007 PARTS 3,722.90 314831 23- Oct -2007 REFUND 15.00 Total 22,333,143.66 November 12, 2007 HR- 2007 -08 Mayor Ted Salci, Chair and Members of the Municipal Council City of Niagara Falls, Ontario NiagaraJalls Re: HR- 2007 -08 Appointing a designated "Agent" re: Ontario Municipal Retirement System (OMERS) RECOMMENDATION: That Council approve the by -law, listed under the by -law section of the agenda, appointing the Director of Human Resources as the City's agent for the Employee pension plan. BACKGROUND INFORMATION: The Ontario Municipal Retirement System (OMERS) has requested that the City enact a bylaw appointing the Director of Human Resources as the City's official "agent" of its pension plan. Previous documentation with OMERS lists the Manager of Human Resources (previously Mr. Don Jones) as the agent. As agent for the City, the Director of Human Resources and his /her delegates are authorized to complete all necessary documentation in accordance with the administration of the pension plan and Section 6 of the OMERS regulations. This designation would not include authorization to implement changes to the Plan or implement supplementary pension benefits without the official approval and /or ratification from City Council. Recommended by: Approved by: Respectfully submitted: Trent Dark, Dir r of Human Resources Ken Bu 'en, Acting Executive Director, Corporate Services Joh► acDonald, Chief Administr ve Officer Working Together to Serve Our Community teen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Department Human Resources November 12, 2007 MW- 2007 -125 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -125 Tender #T -19 -2007 New Equipment Purchase RECOMMENDATION: Niagaraaalls c ANAD 1) That the tender for the purchase of One (1) Latest Model 4 -Wheel Drive Articulated Rubber Tire Diesel Powered Tractor complete with Accessories Attachment be awarded to Trackless Vehicles Ltd., Courtland, ON in the amount of $121,421.40 and, BACKGROUND: Tenders for New Equipment were opened by the Tender Opening Committee on Tuesday, October 23, 2007 with the Manager of Supply Services in attendance. A summary of bids is attached for Council's information. After a complete review of the specifications submitted from all bidders, it was found that the lowest bidder, Champion Road Machinery, did not meet the specifications as outlined in the tender, therefore it is recommended that the tender from Trackless Vehicles Ltd. be accepted. Sufficient funds are available in the 2007 Capital Budget to cover the purchase of this new equipment. (Account No.12- 3- 370001- 030000 Vehicle Replacement) Council's approval of the recommendation and information contained in this report would be appreciated. 0 Queen Street, PO, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 12, 2007 2 TENDER #T -19 -2007 NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes Dealer Name Champion Road Machinery Brampton, ON Cubex Ltd. Port Dover, ON One (1) Latest Model 4 -Wheel Drive Articulated Rubber Tire Diesel Powered Tractor complete with Accessories Attachment $112,746.00 $121,866.00 Recommended by: Approved by: Respectfully submitted: Geoff Holm /gkf attach. H: \REPORTS\2007 \MW- 2007 125 \NEW EQUIP TRACKLESS.wpd n, Director of Municipal Works MW- 2007 -118 Ed Dujlovic, Exe e Director of Community Services MacDonald, Chief Administrative Officer November 12, 2007 MW- 2007 -126 His Worship Mayor Ted Sal l araJl and Members of the Municipal Council CANADA City of Niagara Falls, Ontario Members: Re: MW- 2007 -126 Garner Neighbourhood Oversizing Deerfield Estates Subdivision Payments for Servicing Oversizing No. 2 RECOMMENDATION: That the sum of $230,002.74 plus GST 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. BACKGROUND: 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. Council approved the first request for cost sharing of services earlier this year (MW- 2007 -52). Staff has reviewed these documents and finds 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. Recommended by: Approved by: Respectfully submitted: Ed ovic, Exe e Directo of Community Services 01 Geoff Holm n, D ector of Municipal Works 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 wwwniagarafalls.ca Jo' MacDonald, Chief A inistrative Officer R.Volpini S: \REPORTS\2007 Reports \MW 2007 -12:` Deerfield Estates Subdivision.No. 2wpd.wpd Working Together to Serve Our Community Community Services Department Municipal Works November 12, 2007 MW- 2007 -127 Niagara alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -127 Order to Connect to Sanitary Sewer System 5499 Kalar Road Royal Auto Parts Recycling RECOMMENDATION: It is recommended the City Council authorize the owners of the property at 5499 Kalar Road (Royal Auto Parts Recycling) to connect to the existing sanitary sewer on Kalar Road and further that the Urban Service Area By -Law be amended to reflect the inclusion of this property within the current boundary. BACKGROUND: On September 4, 2007, the City of Niagara Falls received a copy of an Order made pursuant to Section 13 of the Health Protection and Promotion Act, R.S.O. 1990, c. H7, directing the owners of the property at 5499 Kalar Road to connect the existing sanitary sewer along their frontage, remove their septic tank and clean up any ponding sewage on the property. The City has adequate dry weather flow capacity in the system and the minimal flows coming from the auto parts recycling operation should not present significant additional risk to the Kalar Road Pumping Station Service Area. The owner is responsible for all costs associated with the sewer connection including the satisfying the requirements of the City's Road Occupancy Permit process. The subject property is presently located outside the Urban Area Boundary and Urban Service Area Boundary. Both the City's Official Plan and Region's Policy Plan permit the extension of services outside the Urban Area Boundary if necessary to address a documented health problem. If approved, the property will have access to full municipal water and sewer services and therefore the Urban Service Area Boundary By -Law should be amended to reflect the inclusion of this property. 4310 Queen Street, RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 12, 2007 MW- 2007 -127 Attached for your information is a location plan and a copy of the Order that was issued on September 4, 2007. Thank you for your consideration. Recommended by: Approved by: Respectfully submitted: Geoff Holm. Direc .r of Municipal Works Ede ujlovi Execu' Director of Co munity Services Joh acDonald, Chief Administrativ- Officer ep, Li. 2UU/ y: IURIVI Niagara PUBLIC HEALT DR. ROBiN WILLIAMS Medical Officer of Health IA Main Office 22018t David's Rd, Campbell East Thoroid, ON Phone: 905-688-3762 1-800-263-7248 Fax: 905-682-3901 Mailina Address; P.O, Box 1052, Station Main Thoroid, ON L2V 0A2 Branch Offices Niagara Falls 5710 Kitchener Street Niagara Falls, ON L2G 1C1 Phone: 905 -356 -1538 Fax 905- 356 -7377 Sexual Health Centre Phone: 905-358-3636 Fax: 905- 358 -2717 n Weiland 540 King Street Welland, ON L3B 3L1 Phone: 905-735-5697 Fax: 905-735-4895 Sexual Health Centre Phone: 905 -734 -1014 Fax 905- 734 -1770 Fort Erie 43 Hagey Street Fort Erie, ON L2A 1W4 Phone: 905-871-6513 Fax: 905-871-3020 Sexual Health Centre Phone: 905-871-6513 Fax: 905 -871 -3020 o St. Catharine Sexual Health Centre 277 Welland Avenue St, Catharines, ON L2R 2P7 Phone: 905 688 -3817 1- 800 -263 -5757 Fax: 905-688-6063 o Emergency Services Division 509 Glendale Avenue East SS 4 Niagara on the Lake, ON LOS 1.10 Phone: 905-641-2218 Fax: 905 688.5079 o Community Mental Health 3558 Schmon Parkway Unit 2, Second Floor PO Box 1042 Thoroid, ON L2V 477 Phone: 905-888-2854 Fax: 905-684-9798 An Accredited Public Health Department www.regional.niagara.on,ca IVIAUAKR KtU1UIV UbL1l htALIl1 -7 6', A4-a 0, 1', 1,1, 5 4 ORDER 7 Made pursuant to Section 13 of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 (the "Act DATE: September 4, 2007 TO: Mr. Kamel Hussein 6690 McLeod Rd., Apt #7 Niagara Falls, ON L2G 3G5 WHEREAS pursuant to the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended (the "Act 1. a "health hazard" includes "a condition of a premises" or "a substance, thing, plant or animal other than man" or "a solid, liquid, gas" "combination of any of them that has or that is likely to have an adverse effect on the health of any person; 2. the Medical Officer of Health or Public Health Inspector may, by order, require any person to take, or refrain from taking, any specified action with respect to a health hazard. Such an order may include a requirement to do specified work, on or about premises specified in the order, and may include a requirement to destroy things specified in the order; 3. any person who fails to obey an order made under this Act is guilty of an offence and is liable on conviction to a fine as outlined below; and 4. every board of health is required to ensure the provision of health programs and services including the prevention or elimination of health hazards and the control of infectious and reportable diseases. AND WHEREAS pursuant to section 474.21 of the Municipal Act, 2001, S.O. 2001, c. 25, the Regional Municipality of Niagara has all the powers, rights and duties of a board of health under the Health Protection and Promotion Act; 1, George Krupa, C.P,H.I, (C), Public Health Inspector for the Regional Municipality of Niagara hereby order you to immediately and in any case no later than Oct 2, 2007 to: 1. Connect your property at 5499 Kalar Rd, Niagara Falls to municipal sewers. Pump the septic tank, then demolish or remove. 2. Immediately remove ponding sewage from the property at 5499 Kalar Rd., Niagara Falls, by pumping and hauling with a licenced hauler. Building Community. Building Lives. P- a 2._ ep. Li, 2UU/ y; I IRIVI I111HGHKH KtUIUIV rUbLiU htHLlh IVo 9 V 2 THE REASONS FOR THIS ORDER ARE THAT: An inspection carried out by me on May 16, 2007 at the property and premises municipally known as 5499 Katar Rd., Niagara Falls, Ontario Regional Municipality of Niagara revealed the following; 1. Sewage on the property in numerous locations. 2. Septic tank does not seem to be functioning. Existing tile bed has been damaged. Therefore, I am of the opinion on reasonable and probable grounds that: 1. a health hazard exists in the health unit served by me; and 2. the requirements specified in this order are necessary to decrease or eliminate the health hazard. Please note that failure to comply with this Order may render you liable to penalties and costs as provided under the Act. NOTICE TAKE NOTICE THAT, pursuant to section 44 of the Act, you are entitled to a hearing by the Health Services Appeal and Review Board if you deliver to me and to the Health Services Appeal and Review Board, Health Boards Secretariat, 151 Bloor Street West, 9 Floor, Toronto, Ontario, M5S 2T5, notice in writing, requesting a hearing within fifteen (15) days after service of this Order. AND FURTHER TAKE NOTICE THAT although a hearing may be requested, this Order takes effect when it is served on you. FAILURE to comply with this Order is an offence for which you may be liable, on conviction, to a fine of not more than $5,000.00 (for a person) or $25,000.00 (for a corporation) for every day or part of each day on which the offence occurs or continues. Please note that notwithstanding your appeal of this Order, this Order is effective from the date specified herein until such time as the Board revokes or varies the Order or until 1 withdraw the Order. In accordance with section 13(5) of the Act, a copy of this order will be delivered to the owner of the Premises. (THIS SENTENCE IF APPLICABLE ie ORDER TO AN OCCUPIER) O. Krupa, .P.H.I. C) Public Health Inspector For: Robin Williams, M.D., D.P.H., F.R.C.P.(C) Medical Officer of Health c.c. Appropriate Agencies Niagara p0 Royal Auto Parts Recycling 5499 Kalar Rd Property Parcels Road Allowance Urban Service Boundary Urban Area Boundary CN Rail liff 11111111 1:NTS s Universal Transverse Mercator Zone 17 (N) Printed at: 10/30/2007 K: \GIS_Requests \2007 \Custom\ Internal \Municipal _Works \Royal_AUtoPa rts.map November 12, 2007 MW- 2007 -128 Niag ara alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -128 Transfer of Ownership Local Pumping Stations Neighbourhoods of St.Davids /Calaguiro Estates /Mewburn Road RECOMMENDATION: It is recommended the City Council authorize the Transfer of: 1. Part 1, Plan 59R 10737; and, 2. Part 4, Plan 59R 11579; and, 3. Part 1, Plan 59R 6283, to the Region of Niagara and that staff be directed to prepare and execute the appropriate documentation. BACKGROUND: In March 2006, the Niagara Falls City Council adopted the recommendations set out in Report MW- 2006 -29 which authorized the transfer of ownership and responsibility for the operation of all sewage pumping stations to the Region of Niagara. The purpose if this report is to receive authorization to Transfer the title of the land to the Region for those pumping station properties that have been acquired through recent Subdivision Agreements or missed due to oversight or clerical error. The three (3) properties that are the subjects of this report include Part 1, Plan 59R- 10737 in the Neighbourhoods of St.Davids Part 4, Plan 59R -11579 in the Calaguiro Estates Subdivision and Part 1, Plan 59R -6283 which is located near the southwest corner of Mountain Road and Mewburn Road These Pumping Stations have been fully operational for a number of years and it is appropriate to transfer ownership to the Region as per the policy. A location plan is attached for your reference. 0 Queen Street, P.O, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 12, 2007 Thank you for your consideration. :2, Recommended by: Approved by: Respectfully submitted: Geoff Holma DirAbtor of Municipal Works E Community Services MacDonald, Chief Admi trative Officer MW- 2007 -128 The City of Niagara Falls Canada Community Services Department MW- 2006.29 Members: Municipal Works 4310 Queen Street .0. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujiovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 20, 2006 Re: MW- 2006 -29 Transfer of Pumping Stations, Forcemains and Property to the Regional Municipality of Niagara RECOMMENDATION: That the ownership of City owned pumping stations and associated forcemains be transferred to the Regional Municipality of Niagara. BACKGROUND: On June 9, 2005, the Regional Municipality of Niagara approved report PWA 100 -25, attached, authorizing the transfer of certain sewage pumping stations, associated forcemains and property subject to a number of conditions including the approval of the area municipalities. City staff assisted in the preparation of the Regional report through the Public Works Officials. Currently the City contracts out the Region to carry out the maintenance on the sewage pumping stations as we do not have the in -house resources to maintain and operate. Accordingly, the transfer of the pumping stations will not have any affect on staffing levels for the City. Based on the above and attached information, it is staff's recommendation that the pumping stations and associated forcemains and properties be transferred to the Regional Municipality of Niagara. Council's concurrence with the above recommendation would be appreciated. Prepared b f Ed Dujlo1c. P.Eng. Director of Municipal Works Respeccttf fly submitted: vil John MacDonald Chief Administrative Officer Ed Dujlovic Director The recommendation(s) contained in this report were adopted by City Council Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara Region February 9, 2006 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Transfer of Sewage Pumping Stations and Associated Conveyance /Forcemain Pipes Our File: L.04.000 Building Community. Building Lives. G .CAlGy,�+1cG 0 PUBLIC WORKS Operational Support Services 2201 St. David's Road, P.O. Box 1042, Thorotd, ON L2V 4T7 Tel: 905 -685 -1571 Toil -free: 1 -800 -263 -7215 Fax: 905- 687 -8056 www.regionaLniagara.on.ca Niagara Region is currently responsible for the ownership, operation and maintenance of 107 sewage pumping stations (SPS) and associated conveyance /forcemain pipes across the Region. In addition, there are 25 SPS that are owned by the Area Municipalities, 19 of which are operated by the Region on behalf of the Area Municipalities. The Water and Wastewater Master Servicing Plan Update (2003) recommended that the Region assume ownership and responsibility for operation and maintenance of all sewage pumping stations and associated forcemains from the Area Municipalities. This recommendation was supported by the Public Works Officials who participated in the development of the Master Plan. Subsequently Report PWA 100 -2005 was considered by the Public Works and Utilities Committee and approved by Regional Council on June 9, 2005. A copy of this report is attached. The report authorizes the transfer of certain SPS and associated conveyance pipes to the Region, subject to a number of conditions, including approval of the Area Municipalities. Further, the report establishes a policy for the construction, ownership and operation of future SPS. The report and policy were developed in consultation with the Water Strategy Implementation Committee and the Public Works Officials. Since the adoption of PWA 100 -2005, we have taken a number of steps to facilitate Regional Council's direction regarding the transfer of sewage pumping stations and conveyance pipes to the Region, including the following: Regional Public Works Operations staff undertook a technical assessment of the condition of all of the municipally -owned SPS to be transferred; The Region requested information from each local area municipality regarding the property, facilities, and documentation (including Certificates of Approval) associated with each SPS; Upgrading costs related to these sewage pumping stations and conveyance pipes were included in the 2006 Regional capital budget; Legal surveys were authorized for selected facilities, and MOE application forms were completed to amend current Certificates of Approval to accommodate proposed ownership transfers. To finalize the change of ownership of these facilities, we would respectfully request that you confirm the transfer by way of a resolution of your Municipal Council. The attached table sets out the assets to be transferred to the Region, together with any associated property rights. We appreciate your assistance in securing the necessary approvals from your municipal Council authorizing the transfer of these SPS assets. If you have any questions regarding this matter, you may direct them to Bob Steele, Project Coordinator, Niagara Water Strategy, at (905) 685 -4225, ext. 3745. Yours truly, Ian Neville, MPA, P. Eng. Commissioner of Public Works RC /at (#L:\pfeRC12006 CorrespondencelMunicipal SPS Transfer.Mrg Ltr.doc) attach. cc: Ed Dujlovic, Director of Municipal Works February 9, 2006 Page 2 0 0 RECOMMENDATION Niagara' f Region REPORT TO: Chair and Members of the Public Works Utilities Committee SUBJECT: Ownership and Responsibility for Sewage Pumping Stations And Conveyance Pipes PWA 100 -2005 May 31, 2005 That this Committee recommend to Regional Council: That the ownership and responsibility for all existing sanitary sewage pumping stations and conveyance pipes identified in Tables 1 and 2 of this report be transferred from the respective Area Municipalities to the Region of Niagara, subject to approval by the Area Municipalities. That the transfer of ownership and responsibility for the sewage pumping stations (SPS) and conveyance pipes listed in Tables 1 and 2 of this report, with the exception of the Seaway Heights SPS, Nadine Avenue SPS and Marina #3 SPS, become effective on September 1, 2005. That the transfer of ownership and responsibility for the Seaway Heights SPS and Marina #3 SPS, be conditional upon installation of operation and monitoring equipment to meet minimum Regional standards, prior to the transfer of ownership. That the transfer of ownership and responsibility for the Nadine Avenue SPS, become effective by December 31, 2006 to facilitate upgrades to meet minimum Regional standards, prior to the transfer of ownership That a detailed condition assessment of all the sewage pumping stations be undertaken following the transfer of ownership to identify any upgrades that may be required within the next ten (10) years for inclusion in the Region's 10 year capital budget forecast for Wastewater Systems. That the Region assume ownership and responsibility for all future sewage pumping stations and associated conveyance pipes, in accordance with the proposed policy related to Sewage Pumping Stations and Conveyance Pipes. That the polic'V respecting the approvals, ownership, construction, operation, maintenance and replacement of all future sewage pumping stations and associated conveyance pipes, as described in Appendix A, be approved. That property rights associated with the Sewage Pumping Stations and Conveyance Pipes be transferred by Area municipalities to the Region, where applicable. That this report be distributed to the Area Municipalities for review and approval. PURPOSE The purpose of this report is to obtain approval from Committee and Council for the transfer of ownership of the sanitary sewage pumping stations (SPS) and designated associated conveyance pipes that are currently owned by the Area Municipalities, to Niagara Region and to obtain approval of the proposed new policy related to sewage pumping stations and conveyance pipes subject to approval by the respective area municipalities. BACKGROUND 2 PWA 100 -2005 May 31, 2005 The completed Water and Wastewater Master Servicing Plan (MSP or Master Plan) Update and the Niagara Water Quality Protection Strategy (NWQPS or Water Strategy) were received, by Regional Council in 2003. These studies were developed with extensive research, consultation and direct involvement of many stakeholders over the past three years. Findings and recommendations for these two major initiatives reflect the new and changed business environment in which we now operate. Some of the key drivers expressed in these two reports are: New Regulations including the need for source water protection and more stringent compliance requirements Stricter operator certification and more comprehensive training requirements New legislation requiring higher levels of asset management including full cost accounting More stringent enforcement of environmental protection standards and mitigation of impacts to the natural environment Greater security of the water and wastewater systems Need for a broader watershed management approach to operations increased corporate and personal liability including staff and Councils as owners and operators of water and wastewater systems 3 Desire for improved service and due diligence in reducing risk, duplication, contingency and emergency response. Adopting a Smarter Niagara approach to the business of providing water and wastewater services Both of these extensive documents were completed with the assistance of external consultants and directed by Steering Committees comprised of Regional Department Commissioners, Councillors, Water and Wastewater Services Division staff and MOE staff. The NWQPS Steering Committee also consisted of a broad cross section of stakeholders including the Niagara Peninsula Conservation Authority (NPCA), the City of Hamilton and Haldimand County. Technical support was provided by various Technical Advisory Committees which included key Regional, Area Municipal, MOE staff and many other stakeholders depending on the nature of the topic. The Water Strategy Implementation Committee (WSIC) first met in February 2004 to review the findings of the two studies and direct the implementation of the recommendations. This Committee is comprised of Councillors and staff from the Region, Area Municipalities, the MOE and the NPCA. There are many important issues to be addressed to ensure the sustainability of the services to customers, environmental compliance and the protection of our water resources in the future, in a fiscally responsible manner. To date, the committee has addressed two critical items of the wastewater system: Combined Sewage Overflows (CSO) control and management Sewage Pumping Stations (SPS) and associated Conveyance Pipes This report deals with the sewage pumping stations and conveyance pipes. CSO management will be addressed separately in a future report to Committee and Council. REPORT PWA 100 -2005 May 31, 2005 In Niagara, responsibility for the delivery of water and wastewater services is shared between the Region and the Area Municipalities, based on the Municipal Act. In the case of wastewater, Area Municipalities are responsible for the collection pipe networks (collection system) within their respective municipal boundaries. The Region is generally responsible for treatment and the trunk pipe networks (conveyance system) that transfer sewage from the collection systems to the treatment plants. Prior to the inception of the Region in 1970, the James F. MacLaren report of December 1969 established the minimum capacity for Regional pipes and sewage pumping stations at 170 Us Peak Dry Weather flow (85 Us for inter municipal pipes) as a pragmatic value. The Region was also given sole responsibility for sewage treatment, with the exception of private facilities. As well, the Region has the municipalities as "customers" while the local 4 PWA 100 -2005 May 31, 2005 municipalities have responsibility for all customer service related to sewer servicing including billing. Since 1970, the Region and the Area Municipalities have not strictly adhered to this original criterion, resulting in anomalies regarding ownership of some segments of the overall system. These have led to uncertainty and confusion, as well as inconsistency, surrounding responsibility for operations, maintenance and replacement activities. Currently, 107 SPS are Regionally owned. Most form part of the conveyance system and fall within the Region's initially mandated responsibility. Twenty five (25) additional pumping stations are owned by the Area Municipalities. These are located within Area Municipal wastewater collection systems, not within the major, trunk conveyance system. These stations are generally smaller and transfer sewage for limited service areas within municipal wastewater collection systems. In a few cases, they transfer sewage directly to the Region's conveyance system or treatment facilities. Area Municipalities operate six (6) of these locally -owned pumping stations. The remaining nineteen (19) are generally operated and maintained by the Region on behalf of respective Area Municipalities under varying verbal or written agreements. In cases where upgrades to municipally -owned SPS are necessary, the Region would normally undertake work on behalf of Area Municipalities. The Region is required to advise Area Municipalities of upgrades and await their approval prior to initiating work. This can sometimes result in lengthy discussions, disagreement and continuation of undesirable operating conditions for extended periods (e.g. increased risk to the environment, public health and safety issues) or Tess than ideal upgrades. This has also led to varying degrees of capital and maintenance standards, resulting in less than optimum or effective operation and maintenance requirements. Once agreed, approved work proceeds and costs are charged to Area Municipalities upon completion. Recent Ownership Transfers The Region has the technical capacity (both in -house and outsourced), operating and maintenance resources, management framework and in -place procedures to effectively manage these SPS. Most of the required technical expertise is not normally available within Area Municipal staff work forces. Within the last two years, Area Municipalities requested the transfer of SPS ownership to the Region. Examples include the Thompson Road, Stevensville and Douglastown Pumping Stations in Fort Erie, and two new pumping stations recently commissioned in the St. David's community of Niagara -on- the -Lake. Conveyance Pipes The Region generally owns, operates and maintains forcemains and gravity sewers that comprise Regional conveyance systems. However, there are isolated cases where this is not the case. Some pipes are owned by Area Municipalities, while the ownership of PWA 100 -2005 May 31, 2005 others is unclear. This has led to uncertainties regarding responsibility for operations, maintenance and replacement. Public Works Officials (PWO). Input The Water and Wastewater Master Servicing Plan Update (2003) recommended that the Region assume SPS ownership. This recommendation was supported by the Public Works Officials who participated in the development of the Master Plan. At their meeting on June 22, 2004, the Public Works Officials (PWO) discussed various options associated with transferring ownership and responsibility for all sewage pumping stations and conveyance pipes. There was general agreement that the Region should become fully responsible for all existing and future SPS and conveyance pipes, recognizing that most municipalities currently rely on Regional operation and maintenance of locally -owned facilities. The City of Port Colborne also requested that its Colborne Pumping Station that handles only storm water be included in the transfer. A similar request was made by the City of Niagara Falls regarding its Gunning and Mears Pumping Station which functions as part of a Combined Sewage Overflow (CSO) Facility. The PWO also agreed that only those pipes that serve to "convey" the sewage to the plant should be considered for transfer. Other pipes that serve the dual role of conveyance and "collection" (i.e. sewer pipes with service connections) should remain locally- owned. The PWO reviewed the draft PWA report and the attached policy at its meeting held on December 14, 2004 and provided final comments on April 22 2005. These have been incorporated into the attached policy. The PWO agreed that since two of the locally owned sewage pumping stations (Fitch Street SPS and Quaker Road SPS) will be decommissioned by the City of Welland they should not be included in the transfer. Therefore twenty three (23) of the twenty five (25) locally owned sewage pumping stations will be transferred to the Region. The PWO also agreed that the Seaway Heights SPS, Marine #3 SPS and Nadine Avenue SPS be transferred following completion of the upgrades required. Because a few of the sewage pumping stations were established using Provincial and other funding, Regional Staff and the PWO will continue to investigate these specific situations to ensure that the funding received by the respective Area Municipalities would not be jeopardized by implementing the transfer of ownership If a different transfer date is warranted, that accommodation will be made. Implementation Committee Direction The Water Strategy Implementation Committee (WSIC) addressed the ownership transfer issue at its April 27, 2004 and July 13, 2004 meetings. WSIC directed staff to proceed with recommendations for implementing the transfer of the remaining municipally -owned SPS and conveyance pipes, effective January 1, 2005 with input from the Public Works Officials. WSIC also directed staff to prepare a draft policy :Y. N.. __y .Y�. -•if. ;k �M.::�.,. -•n..- Sa• rv..... O c- V.:.� v.. ,`"fi ..,_.�.r s::. N:: 3'y���,<,a ..r .z= r r am �F 2^vt :c ;A r........'�: ,T t' r s ..c i.� „hu;!:3 �fi �.�.;•�S'1`.:. rx.`.���y,Fryy..y�:.. �>a...,..�� s :r J .:ol,,.: i.n•.H���. re•:i•.r..rvn::Y':::. :.fd: ?Ti.- :.A'3.: Fin ryN�..... 1_.r.. Y......:. i t........ i.-.:...::. .<:..�..._..........i:...::::A �r :_2;t�. ",14:.1,V !liy. �ir •i�_1.- :`��},r n M1T�Sr �.t;C "�.F:, .....n,yo. .:..s5. `".:5. .::F'...:,. ?dis::7'1 ..;,x,.ik.. .�a.3?,9..s��:, hrl•) C:.J.�^ +.:.12.r.U.F�NJy�r��.'�i% rx,�i�: .5: T:....: ?n: •.,.:..a.. �.a�; ±v xa .�v:� o .w,:',y�lY�� C.i ;!fr, V211{?�.. -k.: .nl.� Si. .J.�! :.`,?.�'f :.'•3cw�i: ,;ta:�. 5. i:N� ,...r %Y;•'r :'rr i.bT.:.. ..........r.....,..::.... Bal Harbour SPS Grimsby Region 10 Bridgeport SPS Lincoln Region 24 Jordan Valley SPS Lincoln Region 24 Laurie Avenue SPS Lincoln Region 23 Campden SPS Lincoln Region 3 Main St SPS Lincoln Region 10 Oakwood Drive SPS Niagara Falls Region 12 Calaguiro SPS _Niagara Falls Region 2 Mewbum Road SPS Niagara Falls Region 15 Neighbourhood of St Davids SPS Niagara Falls Region 3 Line 2 SPS NOTL Region 0 Airport Road SPS NOTL Region 10 St Davids #1 SPS NOTL Region 0 St. Davids #2 SPS NOTL Region 0 Daimler SPS Pelham Region 10 Foss Road SPS Pelham Region 23 Table 1: List of Sewage Pumping Stations 6 PWA 100 -2005 May 31, 2005 respecting ownership and responsibility of SPS and conveyance pipes and further review the following issues: Confirm debt transfer requirements and conditions with the Corporate Financial Services Department Finalize the actual list of assets to be transferred based on a review by Property Management staff, including property ownership matters Identify and resolve operational and or administrative matters related to the Region's assumption of "storm water" pumping stations Review and establish procedures that would facilitate development applications Approve procedures pertaining to new pumping stations by Regional staff It has since been determined that there is no debt associated with SPSs and conveyance pipes to be transferred from Area Municipalities. Also, dedicated storm water pumping stations and those specific to Combined Sewage Overflow (CSO) facilities should not be included in the SPS transfer at this time. These are primarily used for groundwater and CSO control as opposed to pumping of sanitary sewage. These adjustments and the first draft of the policy were also reviewed by the WSIC on October 26, 2004. The WSIC directed that the policy be finalized following final review by the Public Works Officials. The policy was reviewed at the December 14, 2004 meeting of the PWO and finalized on April 22, 2005. The tables below identify SPS and conveyance pipes, respectively, to be transferred: II .0figiV .1.0.oiwroww:R., %Th ,mmcgaiwiim :.m. Marina #1 SPS Port Colborne Port 'Colborne 14 Marina #2 SPS Port Colborne Port Colborne 14 Marina #3 SPS Port Colbome Port Colborne 14 Lighthouse SPS St Catharines Region 10 Nadine Ave SPS St Catharines Region 10 Beaverdams SPS Thorold Region 11 Seaway Heights SPS Welland Welland 8 4 4 ai n 4 `%l it..-;;V I I. Thompson Road SPS Forcemain Fort Erie Fort Erie 525 233 30 Bal Harbour SPS Forcemain Grimsby Region 200 200 10 Bridgeport SPS Forcemain Lincoln Region 150 200 24 Jordan Valley SPS Forcemain Lincoln Region 200 200 24 Laurie Avenue SPS Forcemain Lincoln Region 200 200 23 Campden SPS Forcemain Lincoln Region 150 2000 3 Main 'St SPS Forcemain Lincoln Region 200 200 10 Oakwood Drive SPS Forcemain Niagara Falls Region 150 500 12 Calaguiro SPS Forcemain Niagara Falls Region 100 570 2 Mewbum Road SPS Forcemain Niagara Falls Region 200 720 15 Neighbourhood of St Davids SPS Forcemain Niagara Falls Region 200 500 3 Line 2 SPS Forcemain NOTL Region 100 166 10 Airport Road SPS Forcemain NOTL Region 150 200 10 St. Davids #1 SPS. NOTL Region 200 500 0 Table 2: List of Conveyance Pipes 7 PWA 100-2005 May 31, 2005 PWA 100 -2005 May 31, 2005 Forcemain St. Davids #2 SPS Forcemain Daimler SPS Forcemain Foss Road SPS Forcemain Marina #1 SPS Forcemain Marina #2 SPS Forcemain Marina #3 SPS Forcemain Lighthouse SPS Forcemain Nadine SPS Forcemain Beaverdams SPS Forcemain Seaway Heights SPS Forcemain NOTL Pelham Pelham Port Colborne Port Colborne Port Colborne St Catharines St Catharines Thorold Welland Region Region Region City City City Region City Region City 200 200 150 50 50 50 150 150 150 200 500 200 200 180 50 50 200 200 200 200 0 10 23 14 14 14 10 10 11 8 Proposed New Policy Further to direction by the Implementation Committee a new policy (attached) related to Sewage Pumping Stations and Conveyance Pipes was developed in collaboration with the Public Works Officials. This policy was finalized at the PWO meeting on December 14, 2004 and reviewed again in March 2005. It addresses the following key items: Clarification of responsibility for ownership and operation of existing and future Sewage Pumping Stations and Conveyance Pipes An Approvals Procedure to ensure early involvement of Regional Niagara Public Works Department in the approvals process for new Sewage Pumping Stations and Conveyance Pipes. Mechanisms to advance the timing of the construction of new Sewage Pumping Stations and Conveyance Pipes to facilitate new development Design and construction of Sewage Pumping Stations and Conveyance Pipes in accordance with Regional Niagara design standards Consideration of Life Cycle Cost comparisons to determine the most appropriate servicing solutions 8 PWA 100 -2005 May 31, 2005 Recovery of costs related to new and existing Sewage Pumping Stations and Conveyance Pipes Consideration of ultimate build out needs and known servicing deficiencies in the establishment of new Sewage Pumping Stations and Conveyance Pipes Eliminate connections to Trunk Sewers/Conveyance Pipes PmDeI v Matters Most SPS and conveyance pipes are located within public rights of way. However, several stations are located on municipal lands outside of the public road rights -of -way. At least one station is located on private property. Facilities located within public road rights -of -way will not equire the transfer of total property rights. Only the station and conveyance pipes, themselves, will be transferred. SPS and conveyance pipes located on municipal lands outside of public roads will require the transfer to the Region of whatever property rights Area Municipalities enjoy (e.g. fee simple, easement, right -of -way and lease). Area Municipalities will be responsible to provide a registerable legal description (i.e. a Reference Plan). If applicable, Area Municipalities will be required to obtain acceptable property rights and transfer those rights to the Region before ownership transfer can be finalized. Input From Wastewater Division Staff The Water and Wastewater Division staff, in consultation with the City of Welland Staff, confirmed that the Fitch Street and Quaker Road Sewage Pumping Stations will be decommissioned by the City within the next twelve (12) to eighteen (18) months and should not be included in the transfer. Therefore the Fitch Street and Quaker Road Sewage Pumping Stations will remain under the City's jurisdiction until they are removed from service and decommissioned and will not be included in this report's transfer recommendation. Therefore, the total number of sewage pumping stations to be transferred to the Region is twenty three (23). Four (4) of the sewage pumping stations (Seaway Heights SPS, Marina #1 SPS, Marina #2 SPS and Marina #3 SPS) that are locally operated do not currently have suitable equipment to facilitate ongoing monitoring as part of the Regional wastewater system. Therefore it is recommended that installation of the appropriate monitoring equipment at these stations take place prior to transferring the ownership. In addition, the Nadine Avenue SPS requires additional upgrades to address safety and other operating issues. Water and Wastewater Services Division also recently updated its design standards for sewage pumping stations. Many of the Regional stations and those to be transferred from the Area Municipalities do not currently meet the new standards. Therefore, future upgrades to the stations that will be transferred will need to be included as part of a much larger Regional sewage pumping station upgrade program over the next ten years. 9 FINANCIAL IMPLICATIONS 10 PWA 100 -2005 May 31, 2005 Regardless, minimum requirements must be met prior to transfers to ensure appropriate control of risk respecting compliance and health and safety. The transfer of SPS and conveyance pipes identified in Tables 1 and 2 will result in additional future costs to the Region. However, these costs are estimated to be manageable compared to the Region's overall operating and capital budgets. The total Regional cost increase resulting from the transfer would be comprised of: Annual Operations and Maintenance (O &M) Costs of SPS and conveyance pipes currently operated by the Area Municipalities including projected grants in lieu. of taxes that would become effective upon transfer Capital Costs related to the future upgrades, or replacement of SPS and pipes currently owned by the Area Municipalities Future impact on staffing compliment and O &M resources It should be noted that there is no existing debt to be transferred. The projected annual cost increase to the Region's wastewater budget over the next ten (10) years is indicated in Table 3. The amounts shown include two percent (2 each year for inflation. Annual O &M Costs Regional costs would include O&M costs related to SPS and conveyance pipes currently owned and operated by Area Municipalities with various degrees of cost recovery. O &M costs related to facilities presently owned and operated by the Region are already included in the Region's O &M budget. The transfer will impact cost but will need to be assessed after the transfer. However, the grants in lieu of taxes would apply to all pumping stations and result in a definite cost increase. The transfer would also introduce the potential situation of discontinuous Regional ownership of the downstream sewage system; namely, where a SPS discharges to an Area Municipality's "collection" pipe network instead of to the Region's 'conveyance' system. It is recommended and required that no Area Municipal sewer charges apply to the Region in such cases. The issue of discontinuous ownership may warrant further review and possible transfer of additional pipes to rationalize the major trunk transmission systems. The Region's 2005 O &M budget for wastewater is $19.3 million and is estimated to increase to an annual $21.0 million budget over the next ten years. The transfer of ownership and operations of SPS and pipes would result in the increase for wastewater operations, including grants in lieu of taxes. This would represent an increase of approximately 0.57% to the Region's annual O &M costs. PWA 100 -2005 May 31, 2005 Future Capital Costs Additional Regional capital costs would involve future capital upgrades or replacement of the locally -owned SPS and conveyance pipes. Traditionally, Area Municipalities were responsible for future capital improvements or replacements. Transferring ownership would result in a transfer of responsibility for these capital costs to the Region. Timing of future upgrades is based on component age and life expectancy. The estimated SPS service life is 20 years and 30 years for conveyance pipes. Because of age, some older components may require upgrades within the next ten years, while relatively new components may not. Table 3 shows the projected annual capital cost increase to the Region in each of the next ten years to facilitate these upgrades. The average annual increase to the Region's capital budget over the next ten years resulting from ownership transfer is estimated to be $389,000. The Region's existing. annual Wastewater Capital Program is in the order of $30 million and estimated to reach $36,000,000 per year over the next ten years. As a result, future additional Regional capital expenditures that would be incurred would approximate 1.15 of the annual wastewater capital budget. This is estimated to be approximately $510,000 per year on average. When the capital and O &M costs are considered within the total, annual Wastewater budget, the net impact is expected to be just less than 1%. Increased Asset Value In assuming ownership of SPS and pipes, the Region's asset base would also be increased. Based on replacement costs, this is estimated to be approximately $4.15 million for the pumping stations and $2.04 million for the pipes for a total of approximately $6.19 million. Table 3: Future Cost Increases to the Region (including 2% Inflation) 2005 2006 2007 2008 2009 2010 110,428 112,637 114,890 117,187 119,531 121,922 0.57% 0.57% 0.57% 0.57% 0.57% 0.57% 56,100 317,166 424,483 216,486 552,040 275,910 0.12% 0.80% 1.13% 0.59% 1.50% 0.78% 166,528 429,803 539,373 333,674 671,572 397,832 0.26% 0.67% 0.91% 0.58% 1.18% 0.69% 11 t 7. 3- ,,pp k� fe yS:G 3 1� -A.' yS� '�^n�[+�'`iL.•9.,.r A5 F b Y'• i,.''''✓ t: i�.ta�i+$�tk.4'::Ni',3:•FF C ter`• t� A+ Y�' R•T Y'n3 7 •h J�a' p a ...G K p l .G.�. ..:;IC i �+}e• .r� `h+i�y$S f��ae,'� �v N c H G SF aF /?S�fi. +�a3' .3. R r id a t'� F g h ''Y' gg t`.. e�.'iRa Xn r�d2'd'i'v���.6�L I� }'.4 'i� ;?'rt ��0 2 E a `'PE��:�. tic yyS��,�7C3$��.�'j Sg „s' 3? t t Y' Jv�� t�v�'•�y{, '?'7 2 v.. 3:CF....� �...i1'S>#, A'lr[��.i'�'3`C"V.e� y.�' F 5 r J' F�i� 5�1 4 �,�,°3ea. �.+F.'•F �A sJ� S$' °S 'F�' 4 J4t•T �:?�.�•v,}��µ'fv� At. J @�'a� ��13.'�� a r A '1 F' •P k.�^ �..dSi M ''�'7^' .Yi'•. ,��,�r .F 3y 9 y t lP •.J. ✓i 2011 124,360 0.57% 109,125 0.32% 233,485 0.41% 2012 126,847 0.57% 234,332 0.69% 361,179 0.64% 2013 129,384 0.57 239,019 0.75% 368,403 0.66% 2014 131,972 0.57% 1,462,793 4.86% $1,594,765 2.92% Averagelyr $120,915.86 0.57% $388,745 1.15% 509,661.32 0.89% of Region's O&M Budget of Region's Wastewater Capital Budget of Region's Combined O&M and Capital Wastewater Budget Financial Impact SUMMARY 12 PWA 100 -2005 May 31, 2005 The transfer of responsibility for 23 additional pumping stations will impact the operating and capital budgets. Minor capital needs have been defined and must be addressed in advance of the transfer. Capital requirements of an urgent nature will be accommodated in the approved Wastewater Capital Budget under Emergency Repairs, Equipment Replacements and similar systems wide budget allocations. Major capital needs will be included in future capital programs. Operating costs and impacts will be minor given the partial year impacts and allowance in current budgets for previous O &M services. Future operating budgets will include the full O&M costs for all transferred pumping stations and pipe systems. The Implementation Committee reviewed the ownership and responsibility issues associated with sewage pumping stations and conveyance pipes in Niagara. Transfer of ownership to the Region of the locally -owned SPS and their respective conveyance pipes will clarify the matter of SPS responsibility and have a net impact on improving standards, maintenance and as well as single service responsibility. The transfer includes the potential situation of discontinuous Regional ownership of the downstream sewage system. This may warrant further review and possible additional pipe transfers to rationalize the major trunk transmission systems. The draft of this report and the attached policy were reviewed by the Water Strategy Implementation Committee (WSIC) in October 2004 and by the Public Works Officials on December 14; 2004 and finally on April 22, 2005. The financial impact to the Region would be manageable and in the order of 1% of total wastewater expenditures compared to existing annual budgets for wastewater services. Therefore, it is recommended that the Region assume ownership for all current and future sewage pumping stations and conveyance pipes. The report also recommends approval of the policy respecting ownership of these facilities and addressing the discontinuous ownership issue and other matters; subject to approval by Area Municipal Councils. Submitted by: 13 Approved by: Ian Neville, MPA, P. Eng. Mike Trojan Commissioner of Public Works Chief Administrative Officer PWA 100 -2005 May 31, 2005 This report was prepared by Bob Steele, MA, MCIP, RPP, and reviewed by Chado Brcic, M.Sc., P.Eng., Director Water Wastewater Services Division. W DEVELOPED BY: APPROVED BY: EFFECTIVE DATE: POLICY STATEMENT: OWNERSHIP AND OPERATIONS Appendix A CORPORATE ADMINISTRATIVE POLICY MANUAL PUBLIC WORKS DEPARTMENT REGIONAL COUNCIL DATE: September 1, 2005 LATEST REVISION: 1 M Jl To establish responsibility for the ownership and operation of Sewage Pumping Stations and Conveyance Pipes (Trunk Sewers and Forcemains) in Niagara and the requirements for the design, construction, management, replacement and financing of these assets. This policy does not address pumping stations that are required solely for groundwater and/ or storm water management 1. Regional Niagara (Region) shall own all existing and future Sewage Pumping. Stations located within and connected to the Region's wastewater system and within the Area Municipal wastewater collection system. 2. The Region shall own all existing and future Conveyance Pipes. These are defined as the forcemains and gravity trunk sewers that serve the sole function of transferring the wastewater from the municipal collection systems to the Wastewater Treatment Plants for treatment. 3. Gravity sewers that serve a dual role of collection (provides or intends to have direct service connections to users) and transfer of the wastewater to the plants are deemed to be part of the Area Municipal Wastewater Collection System and will remain under the ownership and jurisdiction of the Area Municipalities. 4. The Region shall be responsible for operation, maintenance, upgrades and replacement of all municipally owned Sewage Pumping Stations and Conveyance Pipes. 5. The Region shall assume ownership of new Sewage Pumping Stations established by others only if the Region is satisfied that its requirements are met, the warranty period has expired and the necessary property has been transferred to the Region free and clear of all liens, mortgages and other encumbrances. These would include only those Sewage Pumping Stations for which ownership would have normally been assumed by the Area Municipalities. 6. The Regional ownership of existing and future Sewage Pumping Stations may be "discontinuous That is, the Region may own Sewage Pumping Stations that discharge into Area Municipal "collection" pipes prior to entering the Regional "conveyance" pipes. In such cases, the Region shall not pay the wastewater charges normally assessed by the Area Municipalities to private owners. 1 Page 1 of 2 Appendix A ESTABLISHMENT OF NEW SEWAGE PUMPING STATIONS AND CONVEYANCE PIPES 1. In many instances, Gravity Sewers may have a higher capital (initial) cost than Sewage Pumping Stations and forcemains but may be more economical over the long -term due to the annual operating costs associated with Sewage Pumping Stations. Therefore Gravity Sewers shall be considered by designers as the preferred method of service unless life cycle costs comparisons between the two options clearly indicate otherwise. The cost comparison shall be undertaken using the requirements identified in Schedule A to this Policy. For the purposes of this policy, life cycle cost shall be defined as: "All costs associated with the planning, development, approvals, design, construction, operation and maintenance of the new asset throughout its expected life 2. Prior to concluding that a new Sewage Pumping Station is necessary in a particular application, the life cycle costs estimates for the proposed Sewage Pumping Station shall be clearly identified and compared to the life cycle costs estimates for the Gravity Sewer alternative to clearly determine which is more economical. 3. All new Sewage Pumping Stations shall be designed and constructed in accordance with the Region's latest Project Design and Technical Specifications Manual and MOE requirements 4. All new Conveyance Pipes shall be designed and constructed in accordance with the Region's latest Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Gravity Sewers and Forcemains) and the MOE requirements. 5. For all new Sewage Pumping Stations and Conveyance Pipes, consideration shall be given to a catchment area that would meet ultimate build out needs and or address known servicing deficiencies. 6. The requirements of this policy shall also apply to the establishment of new Sewage Pumping Stations proposed as part of the servicing of new developments. Any proposed new Sewage Pumping Station must be approved by Regional Niagara in accordance with the Region's latest servicing and subdivision approvals process and MOE requirements. 7. Any proposed new Sewage Pumping Station shall be discussed with Regional Niagara Public Works Department prior to the circulation of the application that is normally submitted by the developer to the Area Municipality, for development approvals. Region of Niagara approvals shall be obtained in accordance with the procedures outlined in Schedule B Approvals Procedure, as amended from time to time 8. The timing of the construction, by Regional Niagara, of new Sewage Pumping Stations and associated Conveyance Pipes external to a specific development but within the existing Regional or Area Municipal Wastewater Systems, in cases where such work is required earlier to facilitate new development, shall be advanced by the Region provided that the developer agrees to an upfront contribution of 25 percent of the estimated cost prior to initiation of work in order to ensure that the development will proceed to fruition. Note that the contribution will be returned by the Region to the original contributor(s) in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the respective Registered Plan(s). This does not apply to Sewage Pumping Stations, Gravity Sewers and Forcemains that are internal to the specific development 2 Appendix A 9. The timing and expense of the construction of new Sewage Pumping Stations and associated Gravity Sewers and Forcemains internal to a specific development shall be the sole responsibility of the developer but otherwise must comply with this policy. 10. The establishment of new Sewage Pumping Stations for an 'interim period' to facilitate servicing of new developments may be considered in situations where gravity sewers are required over the Long -term provided that the respective Area Municipality(ies) agrees to share the cost of future installation of the gravity system to replace the interim Sewage Pumping Station. The cost sharing and scheduling shall be negotiated on a project specific basis. UPGRADES TO EXISTING SEWAGE PUMPING STATIONS AND CONVEYANCE PIPES 1. The timing of upgrades and modifications to existing Sewage Pumping Stations and Conveyance Pipes shall be advanced by Regional Niagara in cases where such work is required earlier to facilitate new development provided that the developer agrees to an upfront contribution of 25 percent of the estimated cost prior to initiation of work to ensure that development will proceed to fruition in a timely manner. Note that the contribution will be returned by the Region to the original contributor(s) in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the respective Registered Plants This does not apply to Sewage Pumping Stations, Gravity Sewers and Forcemains that are internal to the specific development. 2. Upgrades and modifications to existing Sewage Pumping Stations shall be designed and constructed in accordance with the latest version of the Region's Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Sewage .Pumping Stations) and MOE requirements. 3. Upgrades and modifications to existing Conveyance Pipes shall be designed and constructed in accordance with the latest version of the Region's Project Design and Technical Specifications Manual (specifically the Region's latest design standards for Gravity Sewers and Forcemains) and MOE requirements. COST RECOVERY 1. In general, the Region shall recover the full costs associated with the ownership, construction, operation, upgrade and replacement of Sewage Pumping Stations and Conveyance Pipes (except for those facilities intended to service a specific local development only) by including such costs in its annual uniform sewage rate. 2. The Region shall initially recover 25 percent of the cost of upgrades and replacement of existing Sewage Pumping Stations and Conveyance Pipes or establishment of new Sewage Pumping Stations and Conveyance Pipes directly from the developer in cases where developer contributions are required to advance the construction of the project noting that the contribution will be returned by the Region to the original contributor in 10 equal annual installments (without interest) commencing 1 year after the first building permit is issued for a lot within the Registered Plan. 3. The Region shall recover, from the respective Area Municipality(ies), a portion of the cost of replacing "interim" Sewage Pumping Stations with gravity sewers in cases where Sewage Pumping Stations are required for a short -term period. 3 SCHEDULE A REQUIREMENTS FOR UNDERTAKING LIFE CYCLE COST COMPARISON Appendix A 1. All cost comparisons shall be undertaken using the Net Present Value (NPV) method. 2. The NPV of the Sewage Pumping Station (SPS) Option shall be calculated and compared to the NPV of the Gravity Sewer Option. 3. The period "n" to be used for NPV calculations shall be 75 years. This is the expected service life of a gravity sewer pipe. 4. The expected service life of a Sewage Pumping Station shail be 25 years 5. The SPS costs to be incurred during the period (75 years) ,shall include as a minimum: Initial Capita/ Costs. These are the costs associated with planning, land acquisition, approvals, design, construction and commissioning of new Sewage Pumping Station Cost of future capital upgrades. These are capital costs required for capacity increases such as new pumps, larger forcemains etc. The initial and future capital costs of outright replacement of the sewage pumping station with a new higher capacity SPS shall also be included where such situations are anticipated. Asset Management Costs. These are future capital upgrades required for asset preservation and renewal (including structural, mechanical, electrical, HVAC, controls, SCADA). Asset related capital costs shall be included every ten (10) years as a minimum. Operations Maintenance (O &M) Costs. These are the costs related to the daily operation and maintenance and repair of the SPS to meet service and regulatory compliance needs. These costs shall include labour, equipment, materials, property taxes, electricity, gas and water. 6. The Gravity Sewer costs to be incurred during the period (75 years) shall include as a minimum: Initial Capital Costs. These are the costs associated with planning, land acquisition, approvals, design, construction and commissioning of the new Gravity Sewer Cost of future capital upgrades. This is the cost of replacing the pipe (within the 75 year time frame) with a larger capacity sewer main to meet future demand where such situations are anticipated. Operations Maintenance (O &M) Costs. These are the costs related to the daily operation and maintenance and repair of the gravity sewer to meet service and regulatory compliance needs. These costs shall include labour, equipment and materials. The cost of sewer inspections shall be included every 10 years for the length of gravity sewer proposed. 7. Regional design standards for pumping stations and pipe systems must be utilized in all cost calculations. 8. The discount rate to be used shall be 5 percent. 9. All costs, including future costs, shall be in "current year dollars. 4 SCHEDULE B REGIONAL NIAGARA APPROVALS PROCEDURE FOR SEWAGE PUMPING STATIONS Appendix A 1. The Developer (or the Developer's. Agent) shall contact the respective Area Municipality for the drainage area and downstream local sewer system capacity information. The Area Municipality shall also advise the Developer of the Region's requirements as outlined in the Region's Sewage Pumping Station and Conveyance Pipe Policy as amended from time to time. 2. Prior to approaching the Region for approval, the Area Municipality shall ensure that there is sufficient downstream capacity in the local sewer system to accommodate the proposed new development. If capacity upgrades to the local sewer system are required, then the Area Municipality shall provide confirmation to the Region that it intends to undertake the required capacity upgrades at its cost which may or may not be shared by the Developer. 3. If the development requires a new 'non- private' or 'privately owned' sewage pumping station, then the Area Municipality shall contact the Region (Servicing Approvals Section) to arrange a meeting with the appropriate Regional staff (Le. Servicing Approvals Section, Water Wastewater Division and Planning Department) with or without the Developer's (or Agent's) presence, to discuss the design parameters and Regional requirements. These Regional requirements shall include, but not necessarily be limited to, submission of Life Cycle Cost or net present value comparisons and adherence to the Region's Design and Technical Specifications Standards. 4. The developer shall directly or through the instructions/auspices of the local municipality, retain the services of a competent Consulting Engineer (acceptable to both the Region and local municipality) to initiate the design of said facility. 5. All responsibility for 'non municipal' and 'privately owned' sewage pumping stations shall be borne directly by the developer save and except any contribution that may be paid by the Area Municipality for lands included within the drainage area not owned by the Developer. The Area Municipality shall be responsible for making all necessary arrangements with the Developer for such payment. 6. Prior to tendering the construction of sewage pumping stations, the Developer (or agent or consultant) shall submit the design including background information through the Area Municipality for its approval and then forward to the Region (Servicing Approvals Section) for review and approval. The Region shall review the design and provide its comments to the Area Municipality within three (3) weeks of receiving the information. The appropriate changes to the tender documents shall be made by the Developer's Engineering Consultant prior to tendering. 7. The submission for MOE Approval of the sewage pumping station shall be submitted in triplicate (minimum) to the Area Municipality for accuracy and completeness prior to forwarding to the Region (Serving Approvals Group) for processing. The submission must include a certified cheque for the appropriate 'MOE Review Processing Fee' made payable to the MOE and the Area Municipality must sign three separate applications (minimum) in the area designated as 'Statement of Municipality'. 5 Appendix A When the Region is satisfied, it will be send the submission (retaining one copy for the Region's files) with a recommendation for approval, to the MOE in Toronto for processing and issuance of the necessary Certificate of Approval. 8. Conditions and requirements in certificates of approval must be acceptable to Niagara Region prior to final issuance by the Ministry of Environment. 9. As part of the 'Development Agreement entered into by the Area Municipality with the Developer, sufficient funds must be provided/ secured for the inspection of the sewage pumping station construction. Such inspection services shall be undertaken by qualified personnel and must receive the approval of the Region (Water Wastewater Division) prior to commencement of construction. Note that the Area Municipality will be responsible for the completion of the facility in accordance with the approved design by the Region. 10. The Region (Water Wastewater Division staff) shall monitor all phases of the construction activities and shall be given the opportunity to participate in all meetings. Additional work and or specialjed site inspection services may be required. Additional compensation for such work will be the responsibility of the Area Municipality and for the Developer. 11. Prior to formally accepting the new sewage pumping station, the Area Municipality through the Developer's Consultant, must confirm in writing that the facility has been constructed in accordance with the design (as may have been modified) as approved by the Region. Also, confirmation must be given that all deficiencies are completed to the Region's satisfaction, clearances are provided for all regulatory requirements (e.g. Liens, WCC, etc.) with no debts outstanding, the respective property has been surveyed and described on a reference plan and in a deed, the prescribed warranty period has lapsed. The appropriate Equipment and Operating Manuals and As -Built Drawings have been provided to the Region and Regional Operating staff involved in commissioning and trained in the operation of the facility. 12. Subject to the foregoing, the Region will officially assume ownership and operation responsibility and register the deed in the Region's name as well as initiate an amendment to the Certificate of Approval to indicate that the Region is the owner of the sewage pumping station. 6 November 12, 2007 L- 2007 -51 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -51 Declare Surplus Land adjacent to MacBain Community Centre Our File No.: 2007 -355 RECOMMENDATION: That a portion of Part Township Lot 163 Stamford; Part Township Lot 170 Tying east of Montrose Road, except Part 4 on RD -91 and Part 1 on 59R -830, in the City of Niagara Falls "subject lands being approximately 4 acres, be declared surplus. BACKGROUND: Business Development has advised that two parties have shown interest in the subject lands which are located near the amphitheater and park, adjacent to the MacBain Community Centre. The subject lands are irregular in shape and are shown hatched on Attachment "1" to this Report. Public notice of the declaration of surplus and sale was given in the November 3, 2007 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. Based on all of the above, Staff is recommending that the subject lands be declared surplus in anticipation of the sale of same. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor K. E. Virden, Acting Executive Direc)or of Corporate Services Joh Niag arajlalls CANADA ,004#' 4310 Queen Street, P.O Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca acDonald, Chief Admir Officer Working Together to Serve Our Community Corporate Services Department Legal Services ATTACHMENT "1" Lymunitium. mil 0N39111 4 (211201.11. 41.2.1 two MACBAIN COMMUNITY CENTRE SITE PLAN OMMUNITY PARK T(PHASE I� 27 L'R L'h• kt 1p 9 P dr —7\ itit vi t if F. ti i 11 Pi g Pnil; i R 111114/ slop 190190 'Alrvj ).J 1 lta) .ICINI iiiiN r Ill liVil 1 i v k I ii l0'�r wi 1 1 pr 10 au 6u,.K Bri MI NtlldA30 I 1 I E a project 40r MACSAIN C CENTRE DEVELOPMEN >'tTU,�eae�etN� 4310 WEEtt STREET L]E 6x5 EN_LS. ONTARIO PARKS. 0E00E0 non UKOSCRRE 0ES0v 0 TEL101101E (203) ass 1 I 7. 4R P11)13343 1 90SOdd t ..8 II S: 1,.. 1 f 111, Iii, I■!i thi 1 W 2 0 CY Q. I t. ,f41 ,f,„„ 4 4,0 11 I Zip i fig 'irRtit-ke, it g' 4-fr Jo. 4 /7 q Z UJ 1-• 1 A u_ 7, f 1 0 i a ,I-J71 w c .K.t. i t, 7 f Z 0 1 I 0 I 1 jr Th.::4; 1 1 I 1- ,A -1---.1Z i', i ..7 n ria p V m 2 F.. 1 i I ,1:1 6 0 W 2 0 R'41' 0 I re CL 0. 1 1 1) 2 W r 4 r I f1 i 1 1 1p 1 I 7 r 1 f 1 r ji 1 ATTACHMENT "1" A by -law to declare a portion of Part Township Lot 163 Stamford; Part Township Lot 170 lying east of Montrose Road except Part 4 on RD -91 and Part 1 on 59R -830, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls 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: That a portion of Part Township Lot 163 Stamford; Part Township Lot 170 lying east of Montrose Road except Part 4 on RD -91 and Part 1 on 59R -830, in the City of Niagara Falls in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007. November 12, 2007. November 12, 2007. CITY OF NIAGARA FALLS By -law No. 2007- CITY OF NIAGARA FALLS By-law No. 2007 A by -law to authorize the execution of an Agreement with Pathway Tours respecting the use of the Niagara Falls Memorial Arena for concert productions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 25, 2007 and made between Pathway Tours as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for concert productions to be held from December 3, 2007 to and including December 7, 2007, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 THIS AGREEMENT made this 25th day of April, 2007. BETWEEN: Pathway Tours Hereinafter called the "Licensee and of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with Concert Productions (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of Concert Productions on the following dates: Monday, December 3, 2007 Friday, December 7, 2007 (inclusive) Payment: 2. The Licensee agrees to pay to the City a rental fee of 34,870.93 for 2007 (G.S.T. included) which is due upon execution of this agreement. 3. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Facilities, Equipment and Personnel: -2- 4. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Arena Floor Spectator Areas All Changerooms Lobbies Blue Line Room Parking Lot (b) Equipment: Portable Arena Floor Portable Chairs 700 Stage (Pathway Tours to provide Rental Stage is also responsible for own setup). (c) Personnel: Arena Maintenance Staff Security/Ushering Staff Parking Lot Staff Box Office Staff Supervisory Staff Cleaning and Heating of the Arena: 5. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 6. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 7. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 8. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 9. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. -3- Removal of Equipment: 10. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event as required by Sunday, November 20` at midnight. 11. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 12. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Concessions: 13. The Licensee agrees that the City of Niagara Falls retains exclusive rights to all Food and Beverage Sales. The City agrees that the Licensee be permitted to sell souveniers /novelty items and retain all monies. All applicable Municipal Licences must be obtained in order to sell Souvenirs/Novelty items. Advertising the Event: 14. The Licensee shall, at its own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 15. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 16. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 17. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. -4- 18'. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. Advertising Beyond the Arena: 19. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 20. The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City. 21. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 22. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 23. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 24. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 25. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000.00, such policy -5- to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. 26. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 27. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 28. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 29. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 30. Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 31. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention:Stephen Hamilton Manager of Recreation, Facilities and Community Development, Parks Recreation Culture 905- 358 -3808, ext. 221. 905- 354 -9119 Fax s hamilton(c�r�,niagarafal ls. ca Licensee: Pathway Tours 829 Richmond Street London, Ontario N6A 3H7 Attention: Robert Van Kleek 519- 679 -1160 1(800)265 -7900 519- 679 -5359 Fax -6- 32. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 33. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 34. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. -7- Compliance with the Law: 35. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 36. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended. 37. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended. 38. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R. S.O. 1990, c.0.1, as amended. Workers' Compensation Act: 39. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c.W.I 1, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 40. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 41. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. Name: Title: -8- Name: Title: Mayor Name: Title: Clerk Name: Robert VanKleek Title: President I have the authority to Bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS -9- Schedule 1 2007 Facility Rental Costs Facility Rental 5 days 2,299.42 $11,497.10 Stage Rental 2,000 Chairs Included Setup Removal Staff) 5,000.00 Security Staff 1,200.00 Cantec 500.00 Box Office/Door Personnel 400.00 Post Facility Cleanup 650.00 Portable Ice Floor 1,350.00 Glass Removal (All Glass) 6,000.00 Parking Lot Attendants 300.00 Electrical Charges (Minimum Requirements) 1,500.00 Stage Hand Follow Spots 4,500.00 32,897.10 G.S.T. 1,973.83 34,870.93 NOTE: Additional facility requirements may result in increased rental fees. Rental fees for 2008 will be negotiated prior to the execution of the agreement. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 23, 2007 and made between Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition to be held from November 30, 2007 to and including December 2, 2007, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 THIS AGREEMENT made this 23rd day of April, 2007. BETWEEN: Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship Hereinafter called the "Licensee and of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with a Cheerleading Competition. AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a Cheerleading Competition the following dates: November 30, December 1, 2, 2007 Payment: 2. The Licensee agrees to pay to the City a rental fee of 6,000.00 G.S.T. included. 3. The Licensee shall submit a non refundable payment of $1,000.00 on November 1, 2007 of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. -2- Facilities, Equipment and Personnel: 5. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Arena Ice Surface Portable Ice Floor Covering Lay carpet down Removal of Side Glass Only 5 Changerooms, First Aid Box Office Facilities Committee Office Event Advertised on Facility Marquee Parking Lot Daily Cleanup During Shows (b) Equipment: Ice Exit Doors Removed Canvas Bunting Around Boards End Netting to be rolled up. Portable Washrooms (c) Personnel: Arena Supervisor Available Arena Staff on Duty Security Staff (5) for Show Hours Cleaning and Heating of the Arena: 6. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 7. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 8. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 9. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 10. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. -3- Removal of Equipment: 11. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena Sunday, December 3, 2007 at midnight 12. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 13. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Concessions: 14. The Licensee agrees that the City of Niagara Falls retains full exclusivity to the food and beverage concessions during the entire event except for the two pre- approved Vendors acceptable by the Licensee and the City. This is only perniissable as we require assistance in food/beverage due to the volume of participants. Advertising the Event: 15. The Licensee shall, at its own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 16. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 17. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. 19. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. agreement. -4- Advertising Beyond the Arena: 20. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21. The Licensee shall only use advertising signs and other similar materials used to promote the Even beyond the Arena that have been approved by the City. 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 25. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this Insurance: 26. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. -5- 27. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 29. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non- Assignability: 30. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 31. Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. 905- 356 -7521 Ext. 3338 Phone 905- 354 -9119 Fax Stephen Hamilton, Manager of Recreation, Facilities Community Development Email: shamilton@niagarafalls.ca Licensee: -6- Nick Nero Ontario Festival Of Lights Cheerleading Championship 24 Groves Street Welland, Ontario L3B 4B4 (905) 734 -9518 Phone Email: nick.nero @sympatico.ca 33. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 35. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 36. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 37. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 39. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, e.0.1, as amended. -7- Workers' Compensation Act: 40. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c. W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 42. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED in the presence of Per: S:\Arenas \SPECE V EN\ AGREE \LETTERS \cheerleading06. wpd Ni c io A. Nero, carrying on business as Festival of Lights Cheerleading Championship THE CORPORATION OF THE CITY OF NIAGARA FALLS R.T. (Ted) Salci, Mayor Dean Iorfida, City Clerk A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007. November 12, 2007. November 12, 2007. CITY OF NIAGARA FALLS By -law No. 2007 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGiolamo Larry Downing John Formica Hanya Goforth Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Shawna McSporran Kerri Michaud Al Poisson Jim Reggler Stewart Rodgers Chris Russell David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with The Board of Management of the Fallsview Business Improvement Area, respecting its contribution to the funding of the Niagara Convention and Civic Centre. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between The Board of Management of the Fallsview Business Improvement Area as Fallsview BIA and The Corporation of the City of Niagara Falls as City, respecting the contribution by the Fallsview BIA to the operation and maintenance of the Niagara Convention and Civic Centre, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 THIS AGREEMENT dated the d tk day of BETWEEN: THE BOARD OF MANAGEMENT OF THE FALLSVIEW BUSINESS IMPROVEMENT AREA hereinafter referred to as the "Fallsview BIA" -and THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter referred to as "City" k59. 4.5 L A.D. 2007. OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is intending to develop and own a Convention and Civic Centre as a Municipal Capital Facility pursuant to the Municipal Act, 2001 (hereinafter referred to as the "Convention Centre Project AND WHEREAS the Convention Centre Project will be funded by contributions from the Government of Canada, the Government of Ontario, the Regional Municipality of Niagara (hereinafter referred to as the "Region the City, Falls Management Company (hereinafter referred to as "FMC the Fallsview BIA and the Victoria Centre BIA; AND WHEREAS the Government of Canada has decided that it will contribute up to Thirty Five Million ($35,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS the Government of Ontario has decided that it will contribute up to Thirty Five Million ($35,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS the Region has decided that it will contribute lands necessary for the parking of motor vehicles for the Convention Centre Project by way of a lease for nominal consideration and has indicated, as well, that it may waive Regional Municipal taxes and development charges; AND WHEREAS the City has decided that it will contribute administrative services to the Convention Centre Project and waive City Municipal taxes and development charges; AND WHEREAS Falls Management Corporation has decided that it will contribute approximately Fifteen Million ($15,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS each of the decisions by the Government of Canada, the Government of Ontario, the Region, the City and FMC for funding the Convention Centre Project, as hereinbefore recited, was made on the basis of being informed that the Fallsview BIA and the Victoria Centre BIA had each passed resolutions committing respectively Fifteen Million ($15,000,000.00) Dollars and One Million and Five Hundred Thousand ($1,500,000.00) Dollars to the operation and maintenance of the Convention Centre Project over a fifteen (15) year period commencing in 2007. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the contributions described above, the value of which is hereby acknowledged, the Fallsview BIA hereby acknowledges and agrees: (1) That the Fallsview BIA will contribute a total of Fifteen Million ($15,000,000.00) Dollars to the operation and maintenance of the Niagara Convention and Civic Centre over a period of Fifteen (15) years in the amount of One Million ($1,000,000.00) Dollars in each and every year from the 2007 taxation year through to and including the 2021 taxation year. IN WITNESS WHEREOF the parties hereto have executed this Agreement. DATED at Niagara Falls, Ontario this c day of 2007. DATED at Niagara Falls, Ontario this day of THE BOARD OF MANAGEMENT OF THE FALLSVIEW BUSINESS IMPROVEMENT AREA Name: Title: Name: Title: Name: Dean Torfida. Tile: City Clerk 1)r C (3 V /}'LLO 11- C /oP /1/ u/ Name: R.T. (Ted) Salci Title: Mayor 2007. THE CORPORATION OF THE CITY OF NIAGARA FALLS y- CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with The Board of Management of the Victoria Centre Business Improvement Area, respecting its contribution to the funding of the Niagara Convention and Civic Centre. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between The Board of Management of the Victoria Centre Business Improvement Area as Victoria Centre BIA and The Corporation of the City of Niagara Falls as City, respecting the contribution by the Victoria Centre BIA to the operation and maintenance of the Niagara Convention and Civic Centre, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 THIS AGREEMENT dated the day of A.D. 2007. BETWEEN: THE BOARD OF MANAGEMENT OF THE VICTORIA CENTRE BUSINESS IMPROVEMENT AREA hereinafter referred to as the "Victoria Centre BIA" -and THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter referred to as "City" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is intending to develop and own a Convention and Civic Centre as a Municipal Capital Facility pursuant to the Municipal Act, 2001 (hereinafter referred to as the "Convention Centre Project AND WHEREAS the Convention Centre Project will be funded by contributions from the Government of Canada, the Government of Ontario, the Regional Municipality of Niagara (hereinafter referred to as the "Region the City, Falls Management Company (hereinafter referred to as "FMC the Fallsview BIA and the Victoria Centre BIA; AND WHEREAS the Government of Canada has decided that it will contribute up to Thirty Five Million ($35,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS the Government of Ontario has decided that it will contribute up to Thirty Five Million ($35,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS the Region has decided that it will contribute lands necessary for the parking of motor vehicles for the Convention Centre Project by way of a lease for nominal consideration and has indicated, as well, that it may waive Regional Municipal taxes and development charges; AND WHEREAS the City has decided that it will contribute administrative services to the Convention Centre Project and waive City Municipal taxes and development charges; AND WHEREAS Falls Management Corporation has decided that it will contribute approximately Fifteen Million ($15,000,000.00) Dollars to the Convention Centre Project; AND WHEREAS each of the decisions by the Government of Canada, the Government of Ontario, the Region, the City and FMC for funding the Convention Centre Project, as hereinbefore recited, was made on the basis of being informed that the Fallsview BIA and the Victoria Centre BIA had each passed resolutions committing respectively Fifteen Million ($15,000,000.00) Dollars and One Million and Five Hundred Thousand ($1,500,000.00) Dollars to the operation and maintenance of the Convention Centre Project over a fifteen (15) year period commencing in 2007. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the contributions described above, the value of which is hereby acknowledged, the Victoria Centre BIA hereby acknowledges and agrees: (1) That the Victoria Centre BIA will contribute a total of One Million Five Hundred Thousand ($1,500,000.00) Dollars to the operation and maintenance of the Niagara Convention and Civic Centre over a period of Fifteen (15) years in the amount of One Hundred Thousand ($100,000.00) Dollars in each and every year from the 2007 taxation year through to and including the 2021 taxation year. IN WITNESS WHEREOF the parties hereto have executed this Agreement. DATED at Niagara Falls, Ontario this day of e) 2007. THE BOARD OF MANAGEMENT OF THE VICTORIA CENTRE BUSINESS IMPROVEMENT AREA DATED at Niagara Falls, Ontario this day of Name: f,vCr FEWee Title: 7( (ce_ Name: `Fe -&kJ ,twPc Title: v r '1 O2 -v1 2007. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Tile: City Clerk CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Assignment with Niagara Convention and Civic Centre Inc., respecting the assignment of the Option Agreement between The Monastery of Mount Carmel and Niagara Convention and Civic Centre Inc. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Assignment made between Niagara Convention and Civic Centre Inc. as NCCC and The Corporation of the City of Niagara Falls as City, respecting the assignment by NCCC to the City, of its Option Agreement with The Monastery of Mount Carmel, for the option to purchase lands owned by The Monastery of Mount Carmel, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Assignment. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Assignment. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 THIS ASSIGNMENT made the 20 day of September, A.D. 2007. BETWEEN: Niagara Convention and Civic Centre Inc. Hereinafter referred to as "NCCC" -and The Corporation of the City of Niagara Falls Hereinafter referred to as the "City" Party of the SECOND PART. ASSIGNMENT Party of the FIRST PART; WHEREAS the Niagara Convention and Civic Centre Inc. has entered into the attached Option Agreement dated July, 2007 between The Monastery of Mount Carmel and Niagara Convention and Civic Centre Inc.(hereinafter referred to as "the Option Agreement respecting the option of lands described therein for the purpose of a Convention and Civic Centre. AND WHEREAS it is now deemed desirable for NCCC to assign its rights in the Option Agreement to the City since the City is intending to develop and own the Convention and Civic Centre as a Municipal Capital Facility pursuant to the ,llunicipctl Act, 2001. NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1. NCCC hereby agrees to assign all of its right, title and interest in the Option Agreement to the City. -2- 2. The City accepts all of the right, title and interest of NCCC in the Option Agreement. DATED at Niagara Falls, Ontario this 3 day of October, 2007. DATED at Niagara Falls, Ontario this day of October, 2007. NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: Name: Name: "We have authority to bind the corporation" THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Option to Purchase TO: Niagara Convention and Civic Centre Inc. (the Purchaser) IN CONSIDERATION of One Dollar ($1.00), receipt of which is acknowledged, The Monastery of Mount Carmel (the "Vendor grants to the Purchaser the irrevocable option to purchase the Vendor's property being approximately 2.62 acres of land having a frontage on Stanley Avenue of approximately 45 metres and a depth of approximately 606 feet as hatched in the attached Schedule "A hereinafter referred to as the "Property", for the purchase price of One Million Dollars ($1,000,000.00) per acre payable as follows: Cash or certified cheque on closing subject to the usual adjustments. Purchase price is based on the price of One Million Dollars ($1,000,000.00) per acre rounded to four decimal places as certified by an Ontario Land Surveyor. This option is exercisable by notice in writing delivered to The Monastery of Mount Carmel, Spiritual Centre, 7021 Stanley Avenue, Niagara Falls, Ontario, Attention: Father Stanley Makacinas prior to December 31, 2007, after which time this option shall be null and void, and the Vendor shall be entitled to retain the sum paid for the granting of the option. The Vendor, at the request of the Purchaser, may extend the time for the exercise of this option in one month intervals, provided the Vendor is satisfied that the Purchaser is making sufficient progress in furtherance of the financing and development of the proposed project. The Vendor's discretion herein is absolute and not subject to review. When exercising this option there shall be paid to the Vendor as a deposit the sum of One Hundred Thousand Dollars ($100,000.00), which sum shall be held by the Vendor's solicitor, Mr. Randy Boyce of Martin Sheppard Fraser LLP in trust, pending completion of the sale, or other termination of the agreement arising from the exercise of the option. This option and the Agreement of Purchase and Sale, in the event that the option is exercised, is not assignable by the Purchaser without the consent of the Vendor, such consent not to be unreasonably withheld provided, however, that the said option or agreement may be assigned without the Vendor's approval to the Corporation of the City of Niagara Falls or to a Corporation established by the City under the provisions of the Municipal Act and regulations made thereunder for the purpose of facilitating the Convention and Trade Centre. Upon a change in control of the Purchaser Corporation without the Vendor's consent, this option shall be null and void. The Vendor and the Purchaser hereby acknowledge that the Vendor is granting to the Purchaser an option for the purchase of the lands for the purpose of facilitating the construction of a new Convention and Trade Centre facility. The option may only be exercised to accomplish this purpose. This option shall not be registered against the title of the Vendor. On the option being exercised, the following shall be the terms of the agreement of purchase and sale of the property: 1. The deposit of One Hundred Thousand Dollars ($100,000.00) by cash or certified cheque paid to the Vendor, as a deposit upon the exercise of the option, shall be held by the Vendor's solicitor in trust pending completion or other termination of the agreement of purchase and sale. This amount is to be credited to the purchase price on completion of this transaction. 2. The balance of the purchase price for the property shall be paid on the date of completion, subject to the usual adjustments. The said sum shall be paid by cash or certified cheque to the Vendor on closing. 3. The sale shall be completed on the 180th day after the date of the exercise of the option, unless on that day the Land Registry Office is closed, in which case the sale shall be completed on the next following day when the office is open. 4. This agreement is conditional upon the Purchaser obtaining, at its sole expense, (a) Consent to sever the property. The Vendor will co- operate in signing such documentation as is necessary to make the Application. In the event that any conditions are imposed on the severance, it shall be the Purchaser's responsibility to satisfy the conditions. In the event that a condition is imposed upon the remnant, the Vendor, if not satisfied with the condition, may terminate this agreement; and (b) Any Re- Zoning, Official Plan Amendment and Site Plan Approval that is required by the City of Niagara Falls or the Regional Municipality of Niagara to allow for the development on the property of a new Convention and Trade Centre facility. The Vendor hereby authorizes the Purchaser to proceed, at the Purchaser's expense, with such applications as may be necessary for the Re- Zoning, Site Plan Approval, or Official Plan Amendment and further agrees to sign the requisite documents for such applications and to do all things reasonably necessary in support thereof; and (c) Good, valid and acceptable agreements to purchase or lease, as the case may be, the other lands and any easements required for the purpose of developing the Convention and Trade facility as shown on Schedule "B" attached hereto; and (d) All environmental laws and regulations have been complied with, no hazardous conditions or substances exist on the land, no limitations or restrictions affecting the continued use of the property exist, other than those specifically provided for herein, no pending litigation respecting Environmental matters; no outstanding Ministry of Environment and Energy Orders, investigation, charges or prosecutions respecting Environmental matters exist; there has been no prior use as a waste disposal site, and all applicable licenses are in force. The Vendor agrees to provide to the Purchaser upon request all documents, records, and reports relating to environmental matters in possession of the Vendor. The Vendor further authorizes the Ministry of the Environment of the Province of Ontario to release to the Purchaser, his Agent or Solicitor, any and all information that may be on record in the Ministry office with respect to the said property. Unless the Purchaser gives notice in writing delivered to the Vendor by three (3) business days prior to the date for closing of this transaction that all of the preceding conditions have been fulfilled, this agreement shall be null and void and the deposit shall be returned to the Purchaser in full without interest. This condition is included for the sole benefit of the Purchaser and may be waived in whole or part at his option by notice in writing to the Vendor within the time period stated herein. 5. The Vendor will discharge any outstanding mortgages or liens on or before closing. 6. The Purchaser shall be permitted to inspect the property immediately prior to the date of completion. 7. Vacant possession shall be given on the date of completion 8. The title of the property shall be good and free from all encumbrances except as to any registered restrictive covenants, provided they are complied with. 9. The Purchaser is to be allowed fifteen (15) days from the date of the exercise of this option to examine the title of the property, and if within that time any valid objection is made in writing to title which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this agreement shall be null and void notwithstanding any intermediate acts or negotiations in respect of that objection, and the Vendor shall refund to the Purchaser the amount paid for the granting of the option together with the deposit without interest. 10. The Purchaser agrees to provide to the Vendor as of the exercise of the option, a survey commissioned by the Purchaser and a certificate of the surveyor indicating the exact acreage of land being purchased up to four decimal places. The Vendor agrees to grant the Purchaser and his authorized Agent the right to enter the property for the purpose of surveying and conducting soil tests prior to the completion of this transaction. Such permission does not extend to any alteration of the lands, servicing work, removal of trees, soil, or any other activity which would alter the current state of the property. 11. The Purchaser is not to call for the production of any title deed, survey or other evidence of title, except as may be in the possession of the Vendor or under the control of the Vendor. 12. If this transaction is subject to the Goods and Services Tax (G.S.T.), then such tax shall be in addition to the purchase price. 13. There are no representations, warranties, collateral agreements or conditions relating to the property except as specified in this agreement. 14. Documents necessary to transfer title shall be prepared by the Vendor's solicitor. 15. Tender of documents or money or notices as provided in this agreement may be made on the solicitor for either party, and money may be tendered by certified or banker's cheque. 16. Time shall be of the essence of this agreement. 17. Upon closing: a. A restrictive covenant shall be registered against the lands for the benefit of the adjoining lands owned by the Vendor, that the subject lands will not be used for any purpose other than the construction of a Convention Trade Centre facility having approximately 200,000 total square footage of building. Once a Convention Trade Centre facility having approximately 200,000 total square footage of building, the Owner may apply for a release of this covenant from the Owner of the adjoining lands and the release shall be given. This covenant shall run with the lands. b. The Vendor and the Purchaser shall enter into an option to purchase agreement which shall be registered on title, immediately after the deed, granting the Vendor the option to repurchase the property for One Million Dollars ($1,000,000.00) per acre in the event that a Convention Trade Centre facility having approximately 200,000 total square footage of building is not commenced to be constructed within ten (10) months of closing. The intent of this option shall be to reconvey lands to the Vendor who have offered the lands for the purchase of the Convention Trade Centre facility in the event construction of the Convention Trade does not proceed in a timely manner. The option may be exercised between ten (10) months and sixteen (16) months following closing in the event construction does not commence within ten (10) months of closing. The terms of this option shall apply mutatis mutandis to the Vendor's option to repurchase. 18. The aforesaid are the complete terms of the option granted by the Vendor, and there are no representations, warranties, collateral agreements or conditions relating to the property except as specified in this option. SIGNED, SEALED AND DELIVERED in the presence of SIGNED, SEALED AND DELIVERED in the presence of DATED at Niagara Falls, Ontario, this it day of :fa 2007. THE MONASTERY OF MOUNT CARMEL Per: The undersigned accepts the above terms of the option. DATED at Niagara Falls, Ontario, this Y day off j<— Y 2007. Per: 'km Saks Father Stan y Makacinas "I have authority to bind the corporation" NIAGARA CONVENTION AND CIVIC CENTRE INC. Frank Lam "I have authority to bind the corporation" lea. I, 11-14/1 1 11-II, 11.11,41j Dunn Street 11 7 1-1-77 tJ, 1 Q. 1 1111:.,3 411'4 1 1 h11:14. I olricp 1 cl: 1 W. 1 olia I I- N r" 1 .1 It 1 cc ToWnS 1; I .9 1 N 1 WV. 11 tr 176.* w Pal 1, 59R74726 z I 4 3 11 iI 1 0 ri 1 r 1 IN PART 3 A. Sang VW Pori 2, 59R-4726 I 22 WI I ;H.: 1 ;1 I 4 II; 1. N P.Akilr: 8 11:11:i p 1?.4.14:;!: 4 1E4101: 1 E -ri.- q 0 .1 kii 111 1' I OR' itirtaiSliWts' VililigiUti n gaillitilla 11111\,%_ .1,111 'IL i I ill 4. 111 1 I II i il. r 11. 1 1 1 uti i to 144 1 11:,,ii 1 ii II i ii 1.0-4 2 i 1 1 1 I I 1 1. k Lot tr, ,.'-e all,- Ifl '‘'.i• i II u*, 7 -1 1 i 1 114e _.1 -I N a s.. 1 r T 7 l '55- 4 N 4.1 McL8od Road TT- I I F. 114.7 I I el.71>—_ 1 7 (D kiayara Fafis Convention Centre Site LEGEND A Cannemes Property ::nppAUL Properly Mag. a Region Lands 1 IiyAio Lanai I g. FRON ENAC Si L.. to izi A;• pUNN ST ppm A by -law to authorize the execution of an Assignment with Niagara Convention and Civic Centre Inc., respecting the assignment of the Option Agreement between 1149948 Ontario Limited and Niagara Convention and Civic Centre Inc. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Assignment made between Niagara Convention and Civic Centre Inc. as NCCC and The Corporation of the City of Niagara Falls as City, respecting the assignment by NCCC to the City, of its Option Agreement with 1149948 Ontario Limited, for the option to purchase lands owned by 1149948 Ontario Limited, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Assignment. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Assignment. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS By -law No. 2007 THIS ASSIGNMENT made the 20 day of September, A.D. 2007. BETWEEN: Niagara Convention and Civic Centre Inc. Hereinafter referred to as "NCCC" Party of the FIRST PART; -and The Corporation of the City of Niagara Falls Hereinafter referred to as the "City" Party of the SECOND PART. ASSIGNMENT WHEREAS the Niagara Convention and Civic Centre Inc. has entered into the attached Option Agreement dated May 2, 2006 and amended April 10, 2007 and October 10, 2007 between 1149948 Ontario Limited and Niagara Convention and Civic Centre Inc. (hereinafter referred to as "the Option Agreement respecting the option of lands described therein for the purpose of a Convention and Civic Centre. AND WHEREAS it is now deemed desirable for NCCC to assign its rights in the Option Agreement to the City since the City is intending to develop and own the Convention and Civic Centre as a Municipal Capital Facility pursuant to the Municipal Act, 2001. -2- NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1. NCCC hereby agrees to assign all of its right, title and interest in the Option Agreement to the City. 2. The City accepts all of the right, title and interest of NCCC in the Option Agreement. DATED at Niagara Falls, Ontario this 3 day of October, 2007. DATED at Niagara Falls, Ontario this day of October, 2007. NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: Name: N "We have authority to bind the corporation" THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk -3- CONSENT WE HEREBY, consent to the above noted Assignment dated at Niagara Falls, Ontario this day of October, 2007. 1149948 ONTARIO LIMITED Per: Name lfredo Varel i "We have authority to bind the corporation" 114r-2006 04:51pm From— Broderick Partners 905 356 6904 T -487 P.002 /007 F -273 Option to Purchase TO: Niagara Convention and Civic Centre Inc. (the Purchaser) IN CONSIDERATION of One Dollar ($1.00), receipt of which is acknowledged, 1149948 Ontario Limited (the "Vendor grants to the Purchaser the irrevocable option to purchase the Vendor's property being approximately four (4) acres of land having a frontage on Stanley Avenue of approximately 290 feet and a depth of approximately 606 feet as hatched in the attached Schedule, hereinafter referred to as the "Property", for the purchase price of One Million Dollars ($1,000,000.00) per acre payable as follows: Cash or certified cheque on closing subject to the usual adjustments. Purchase price is based on the price of One Million Dollars ($1,000,000.00) per acre rounded to four decimal places as certified by an Ontario Land Surveyor. This option is exercisable by notice in writing delivered to 1149948 Ontario Limited at Sheraton Fallsview Hotel Convention Centre, 6755 Fallsview Blvd., Niagara Falls, Ontario, L2G 3W7, Attention: Tony Zappitelli, prior to May 1, 2007, after which time this option shall be null and void, and the Vendor shall be entitled to retain the sum paid for the granting of the option. The Vendor, at the request of the Purchaser, may extend the time for the exercise of this option in one month intervals, provided the Vendor is satisfied that the Purchaser is snaking sufficient progress in furtherance of the financing and development of the proposed project. The Vendor's discretion herein is absolute and not subject to review. When exercising this option there shall be paid to the Vendor as a deposit the sum of One Hundred Thousand Dollars ($100,000.00), which sum shall be held by the Vendor's solicitors, Broderick Partners, in trust, pending completion of the sale, or other termination of the agreement arising from the exercise of the option. This option and the Agreement of Purchase and Sale, in the event that the option is exercised, is not assignable by the Purchaser without the consent of the Vendor, it being understood that the said option or agreement maybe assigned with the Vendor's approval to the Corporation of the City of Niagara Falls or to a Corporation established by the City under the provisions of the Municipal Act and regulations made thereunder for the purpose of facilitating the Convention and Trade Centre. Upon a change in control of the Purchaser Corporation without the Vendor's consent, this option shall be null and void. The Vendor and the Purchaser hereby acknowledge that the Vendor is granting to the Purchaser an option for the purchase of the lands at less than market value for the purpose of facilitating the construction of a new Convention and Trade Centre facility. The option may only be exercised to accomplish this purpose. This option shall not be registered against the title of the Vendor. Upon registration of this option it shall become null and void. I1'-Apr-2006 04:51pm From—Broderick d Partners 905 356 6904 T -487 P.003 /007 F -273 In the event that the Vendor receives a bona fide offer to purchase its property which includes the lands that are the subject matter of this option, the Vendor shall notify the Purchaser in writing and the Purchaser shall have twenty -one (2l) days to exercise the option. In the event that the option is not exercised within twenty-one (21) days, the option becomes null and void. On the option being exercised, the following shall be the terns of the agreement of purchase and sale of the property: 1. The deposit of One Hundred Thousand Dollars ($100,000.00) by cash or certified cheque paid to the Vendor, as a deposit upon the exercise of the option, shall be held by the Vendor's solicitor in trust pending completion or other termination of the agreement of purchase and sale. This amount is to be credited to the purchase price on completion of this transaction. 2. The balance of the purchase price for the property shall be paid on the date of completion, subject to the usual adjustments. The said sum shall be paid by cash or certified cheque to the Vendor on closing. 3. The sale shall be completed on the 180th day after the date of the exercise of the option, unless on that day the Land Registry Office is closed, in which case the sale shall be completed on the next following day when the office is open. 4. This agreement is conditional upon the Purchaser obtaining, at its sole expense, (a) Consent to sever the property. The Vendor will co- operate in signing such documentation as is necessary to make the Application. In the event that any conditions are imposed on the severance, it shall be the Purchaser's responsibility to satisfy the conditions_ In the event that a condition is imposed upon the remnant, the Vendor, if not satisfied with the condition, may terminate this agreement; and (b) Any Re- Zoning, Official Plan Amendment and Site Plan Approval that is required by the City of Niagara Falls or the Regional Municipality of Niagara to allow for the development on the property of a new Convention and Trade Centre facility. The Vendor hereby authorizes the Purchaser to proceed, at the Purchaser's expense, with such applications as may be necessary for the Re- Zoning, Site Plan Approval, or Official Plan Amendment and further agrees to sign the requisite documents for such applications and to do all things reasonably necessary in support thereof; and (c) Good, valid and acceptable agreements to purchase or lease, as the case may be, the other lands and any easements required for the purpose of developing the Convention and Trade facility as shown on Schedule `B" attached hereto; and (d) All environmental laws and regulations have been complied with, no hazardous conditions or substances exist on the land, no limitations or restrictions affecting the 11 04:51pm From-Broderick Partners 3 905 356 6904 T-487 P.004/007 F -273 continued use of the property exist, other than those specifically provided for herein, no pending litigation respecting Environmental matters; no outstanding Ministry of Environment and Energy Orders, investigation, charges or prosecutions respecting Environmental matters exist; there has been no prior use as a waste disposal site, and all applicable licenses are in force. The Vendor agrees to provide to the Purchaser upon request all documents, records, and reports relating to environmental matters in possession of the Vendor. The Vendor further authorizes the Ministry of the Environment of the Province of Ontario to release to the Purchaser, his Agent or Solicitor, any and all information that may be on record in the Ministry office with respect to the said property. Unless the Purchaser gives notice in writing delivered to the Vendor by three (3) business clays prior to the date for closing of this transaction that all of the preceding conditions have been fulfilled, this agreement shall be null and void and the deposit shall be returned to the Purchaser in full without interest. This condition is included for the sole benefit of the Purchaser and may be waived in whole or part at his option by notice in writing to the Vendor within the time period stated herein. 5. The Vendor will discharge any outstanding mortgages or liens on or before closing. 6. The Purchaser shall be permitted to inspect the property immediately prior to the date of completion. 7. Vacant possession shall be given on the date of completion 8. The title of the property shall be good and free from all encumbrances except as to any registered restrictive covenants, provided they are complied with. The Purchaser shall otherwise take the lands "as is" and "where is 9. The Purchaser is to be allowed fifteen (15) days from the date of the exercise ofthis option to examine the title of the property, and if within that time any valid objection is made in writing to title which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this agreement shall be null and void notwithstanding any intermediate acts or negotiations in respect of that objection, and the Vendor shall refund to the Purchaser the amount paid for the granting of the option together with the deposit without interest. 10. The Purchaser agrees to provide to the Vendor as of the exercise of the option, a survey commissioned by the Purchaser and a certificate of the surveyor indicating the exact acreage o land being purchased up to four decimal places. The Vendor agrees to grant the Purchaser and his authorized Agent the right to enter the property for the purpose of surveying and conducting soil tests prior to the completion of this transaction. Such permission does not extend to any alteration of the lands, servicing work, removal of trees, soil, or any other 11' =Apr -2006 04 :52pm From—Broderick Partners 905 356 6904 T -487 P.005 /007 F-273 activity which would alter the current state of the property. 11. The Purchaser is not to call for the production of any title deed, survey or other evidence of title, except as may be in the possession of the Vendor or under the control of the Vendor. 12. If this transaction is subject to the Goods and Services Tax (G.S.T.), then such tax shall be in addition to the purchase price. 13. There are no representations, warranties, collateral agreements or conditions relating to the property except as specified in this agreement. 14. Documents necessary to transfer title shall be prepared by the Vendor's solicitor. 15. Tender of documents or money or notices as provided in this agreement may be made on the solicitor for either party, and money may be tendered by certified or banker's cheque. 16. Time shall be of the essence of this agreement. 17. Upon closing: a. A restrictive covenant shall be registered against the lands for the benefit of the adjoining lands owned by the Vendor, that the subject lands will not be used for any pure other than the construction of a Convention Trade Centre facility with a minimum of 200,000 total square footage of building. Once a Convention Trade Centre facility with a minimum of 200,000 total square footage ofbuilding, the Owner may apply for a release of this covenant from the Owner of the adjoining lands and the release shall be given. This covenant shall run with the lands. b. The Vendor and the Purchaser shall enter into an option to purchase agreement which shall be registered on title, inunediately after the deed, granting the Vendor the option to repurchase the property for Four Million Dollars ($4,000,000.00) in the event that a Convention Trade Centre facility with a minimum of 200,000 total square footage of building is not commenced to be constructed within ten (10) months of closing. The intent of this option shall be to reconvey lands to the Vendor who have offered the lands for the purchase of the Convention Trade Centre facility at less than market value in the event construction of the Convention Trade does not proceed in a timely manner. The option may be exercised between ten (10) months and sixteen (16) months following closing in the event construction does not commence within ten (10) months of closing. The terns of this option shall apply ,nutatis mutandis to the Vendor's option to repurchase. 18. The aforesaid are the complete terms of the option granted by the Vendor, and there are no Ji u4.04pm rrum d rartners representations, warranties, collateral agreements or conditions relating to the property except as specified in this option. DATED at Niagara Falls, Ontario, this,ay of 2006. SIGNED, SEALED AND DELIVERED in the presence of 5" Per: Per: uta 070 OVU4 I r.uuu uui r 1149948 ONTARIO LIMITED "I have HuthYrity to bind the corporation" The undersigned accepts the above terms of t e option. DATED-at-Niagara Falls tario this day of 2006. SIGNED, SEALED AND DELIVERED in the presence of NIAGARA CoNVENTI N AND CIVIC CENTRE IN "I have au only to bind the co oration" I11 I r' I y I —t G 11 I 1�1' ti Dunn Street wort M.r•1 «.w 11� _h RANGE f �kl 1 r 1: 1 1 1 s 1 ,4 1 rN r Port t, s9 -\r.16 I I -j 1 1 r ;N; 1„ ,i, r 1 -I --.7 .....*::10.‘‘.‘ ‘k: I 1 1 i t 7:9 I 74 1 Zt 7 P`V T 3 t -1 c Port 2, 59R -1126 1 11 ...•e r ri 1 #1 7w 1= 2 l' k t 1 1 L' 1 Q L 7 w /r 13 ii, t X 131 3 1 313 3 i• t -1.4: 1 x AI McLeod Rood '4 4 4. f r i ‘O I 7. 5; tFab Convention Centre Site LEGEND IN A Carniellites Properly a Zappiteili Property Niagara Region Lands Li Hydro Lands r" I.,: ;T• 11<.< r<ri kONTENAC ST I 1 7: RD tiesT t1 rth THIS AGREEMENT made the 10 day of April, A.D. 2007. BETWEEN: 1149948 Ontario Limited Hereinafter referred to as the "Vendor" Party of the FIRST PART; -and Niagara Convention and Civic Centre Inc. Hereinafter referred to as "Purchaser" Party of the SECOND PART; WHEREAS the Parties have executed an Option to Purchase lands owned by the Party of the First Part for the purpose of developing thereon a Convention and Trade Centre dated May 2, 2006; AND WHEREAS it is now deemed desirable by the Parties to amend the aforesaid Option to Purchase as hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual terms and conditions set forth, the Parties agree as follows: 1. The Option to Purchase between the Parties dated May 2, 2006 is hereby amended by deleting the words "May 1, 2007" from the 3rd line of the 3rd paragraph and by inserting in 1 ieu thereof the words "November 1, 2007 2. The Parties agree that all other terms of the aforesaid Option to Purchase dated May 2, 2006 are to remain the same and time is to remain of the essence. DATED at Niagara Falls, Ontario this day of April, 2007. The undersigned accepts the above terms of the Option. DATED at Niagara Falls, Ontario this day of April, 2007. 1149948 ONTARIO LIMITED Per: "I have authority to bind the corporation" NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: Edgriro "I have authority fo bind the corporation" 'Ian yaks CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law Nos. 79 -200 and 395, 1966, to include the property in By -law No. 79 -200 and provide regulations for the expansion of the parking lot associated with the restaurant on the property. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. None of the provisions of By -law No. 395, 1966, shall apply to the land located on the southwest corner of Sodom Road and Nassau Avenue, being Pt Lt 20 Con 3 Willoughby as in R0234625, R0250574, R0368079 and R0598786; S/T WI5537 Niagara Falls and shown hatched and designated NC and numbered 802 on the plan Schedule 1 attached to and forming part of this by -law. 2. The land described in section 1 of this by -law and shown hatched and designated NC and numbered 802 on the plan Schedule 1 attached to and forming part of this by -law shall be added to and placed under the control of By -law No. 79 -200. 3. Sheet D7 of Schedule "A" to By -law No. 79 -200 is amended by adding the lands described in section 1 above and shown hatched and designated NC and numbered 802 on the plan Schedule 1, attached to and forming part of this by -law. 4. Notwithstanding the provisions of section 8.1.1 and clauses (b), (d), (e) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 802 on the plan Schedule 1 'attached hereto, or erect or use any building or structure thereon except for the purpose of a restaurant, and except in compliance with the following regulations: (a) Minimum lot area the whole of the land shown hatched and designated NC and numbered 802 on Schedule 1 attached hereto (b) Minimum front yard depth 2.4 metres (c) Minimum interior side yard depth 2.4 metres (d) Minimum exterior side yard depth 4 metres (e) Maximum floor area 1500 square metres (f) Minimum landscaping (i) along and adjacent to the 4 metres exterior side lot line within 56 metres of the front lot line 5. By -law No. 2005 -86 is hereby repealed and section 19.1.711 of By -law No. 79 -200 is deleted. 6. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.802 Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S:\ZONING\AMS\2007\By-laws\Byam15.wpd (ii) along and adjacent to the interior 1 metre side lot line (iii) along and adjacent to the rear lot 10 metres line Notwithstanding the provisions of section 8.1.1 and clauses (b), (d), (e) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the southwest corner of Sodom Road and Nassau Avenue, designated NC and numbered 802 on Sheet D7 of Schedule "A or erect or use any building or structure thereon except for the purpose of a restaurant, and except in compliance with By -law No. 2007- November 12, 2007 November 12, 2007 November 12, 2007 -2- SCHEDULE 1 TO BY -LAW No. 2007 Subject Land A. Description: Assessment #s: 272513000307200 272513000306900 272513000307300 272513000307600 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 15 \mapping.map WEINBRENNER RD Amending Zoning By -law Nos. 395, 1966 and 79 -200 Pt Lt 20 Con 3 Willoughby as in R0234625, R0250574, R0368079 and R0598786; S/T WI5537 Niagara Falls Applicant: 289900 Ontario Limited, Joseph Miszk, Gertrude Miszk and Joseph Paul Mir \I N s 1:NTS AM- 15/2007 October 2007 A by -law to provide for the approval of Amendment No. 75 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 75 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 S: \OFFICIAL.PLN\AMEND #75\BYLAW 75.wpd CITY OF NIAGARA FALLS By -law No. 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 75 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment shown on the map attached hereto, entitled "Map 1 to Amendment No. 75 shall be identified as Special Policy Area "52" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.52 SPECIAL POLICY AREA "52" Special Policy Area "52" applies to approximately 0.89 hectares of land located on the southwest corner of Sodom Road and Nassau Avenue. The land is designated Residential, in part, and Environmental Protection Area, in part, on Schedule "A" to the Official Plan. The land is adjacent to the Hunter Drain which is a Type 1 fish habitat. Notwithstanding the policies contained in Part 2, Section 3.4, Neighbourhood Commercial, the lands may only be developed with a 1500 square metre restaurant and an associated parking lot. To ensure the development does not impact on and is compatible with the Hunter Drain, an Environmental Impact Study must be completed to the satisfaction of the Regional Municipality of Niagara. This policy will be implemented through zoning and site plan control. The measures recommended by the Environmental Impact Study, as well as landscaping, drainage, lighting, vehicular access and parking lot surfacing, shall be addressed in a site plan agreement. S:\OFFICIALPLN\AMENDVI75\BODY_75.wpd Area Affected by this Amendment Proposed Change to Add: SPECIAL POLICY AREA "52" KAG1S Requests\ 2007\ ScheduleslZoningAMIM415\napping .map MAP 1 TO AMENDMENT NO. 75 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA OPEN SPACE RESIDENTIAL WEINBRENNER RD NOTE: This schedule forms part of Amendment No. 75 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N 1:NTS AM- 15/2007 October 2007 A by -law to amend By -law No. 79 -200, to add a health centre as a permitted use on the property and to recognize previously approved minor variances. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by numbering 793, the land on the south side of Dixon Street east of Drummond Road, being Pt Blk 47 PI 1 Stamford as in R0146684; Niagara Falls and shown hatched and designated NC and numbered 793 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 8.1.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated NC and numbered 793 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of a health centre. 3. Notwithstanding the provisions of section 4.16 and clauses (a), (b), and (c) of section 8.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 793 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.793 Minimum lot frontage Minimum front yard depth Minimum rear yard depth Fencing requirements CITY OF NIAGARA FALLS By -law No. 2007- 18 metres 7.5 metres 8 metres a close -board or chain link type fence, with a minimum height of 1.2 metres, shall be erected along the entire length of the east property line of the land described in section 1 of this by -law (a) None of the provisions of section 8.1.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the south side of Dixon Street east of Drummond Road, designated NC and numbered 793 on Sheet C5 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a health centre. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S:\ZONING\AMS\2007\By- Iaws\Byam 17.wpd November 12, 2007 November 12, 2007 November 12, 2007 2 (b) Notwithstanding the provisions of section 4.16 and clauses (a), (b) and (c) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the south side of Dixon Street east of Drummond Road, designated NC and numbered 793 on Sheet C5 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2007- Subject Land Description: Applicant: SCHEDULE 1 TO BY -LAW No. 2007 1:NTS AM- 17/2007 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 17 \mapping.map August 2007 Amending Zoning By -law No. 79 -200 Pt Blk 47 PI 1 Stamford as in R0146684; Niagara Falls 2017480 Ontario Inc. Assessment #s: 272507000702800 A by -law to amend By -law No. 79 -200, to allow uses permitted by the R3 zone subject to site specific regulations. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TRM to R3 and numbered 803, the land on the southwest corner of Drummond Road and Ker Street, being Lt 70 P1 64 Stamford; Niagara Falls and shown hatched and designated R3 and numbered 803 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of sections 4.10 and clauses (a), (b) and (c) of section 7.8.2 of By- law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R3 and numbered 803 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for a use permitted by the R3 zone, except in compliance with the following regulations: (a) Minimum lot area 720 square metres (b) Minimum lot frontage 19 metres (c) Minimum front yard depth 7 metres (d) Maximum width of a driveway 6 metres adjacent to an exterior side lot line (e) Minimum landscaped open space 40 of the lot area 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.803 Passed this twelfth day of November, 2007. First Reading: Second Reading: Third Reading: None of the provisions of section 4.10 and clauses (a), (b) and (c) of section 7.8.2 of By -law No. 79 -200 shall apply to prevent the use of the land on the southwest corner of Drummond Road and Ker Street, designated R3 and numbered 803 on Sheet C4 of Schedule "A or the erection or use of any building or structure thereon for a use permitted by the R3 zone, except in compliance with By -law No. 2007- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS By -law No. 2007- Subject Land SCHEDULE 1 TO BY -LAW No. 2007 11 I I F II "I 1111 11111111 IITO o 3 36.6 m im it o r 011 BARKE I R ST in BUCHNER PL Amending Zoning By -law No. 79 -200 Description: Lt 70 P1 64 Stamford; Niagara Falls Applicant: Robert Oliver Assessment #s: 272507001303700 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 22 \mapping.map 1:NTS AM- 22/2007 October 2007 A by -law to amend By -law No. 79 -200, to permit the residential use of land north of Lundy's Lane, west of Beaverdams Road and south of Spring Blossom Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC to R1 E, the land north of Lundy's Lane, west of Beaverdams Road and south of Spring Blossom Drive, being Pt Twp Lot 133 Stamford as in R0737572; Niagara Falls and shown hatched and designated R1E on the plan Schedule 1, attached to and forming part of this by -law. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS By -law No. 2007- Subject Land I%. Description: SCHEDULE 1 TO BY -LAW No. 2007- Pt Twp Lot 133 Stamford as in R0737572; Niagara Falls Amending Zoning By -law No. 79 -200 Applicant: 968566 Ontario Inc. (Bhavanbhai Patel) Assessment #s: 272509000506200 s 1:NTS AM- 25/2007 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 25 \mapping.map October 2007 A by -law to provide for the approval of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 77 to the City of Niagara Falls Official Plan is hereby approved. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS By -law No. 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 77 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES i) Area #1 as shown on the map attached, entitled Map 1 to Official Plan Amendment No. 77, shall be redesignated from Open Space Special Policy Area "39" to Residential and identified as Special Policy Area "53" on Schedule "A" of the Official Plan. ii) Area #2 as shown on the map attached, entitled Map 1 to Official Plan Amendment No. 77, shall be redesignated from Open Space Special Policy Area "39" to Environmental Protection Area and identified as Special Policy Area "53" on Schedule "A" of the Official Plan. 2. TEXT CHANGE i) PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new section: 14.53 SPECIAL POLICY AREA "53" Special Policy Area "53 "applies to approximately 11 hectares of land located east of Drummond Road, south of McLeod Road and the hydro corridor and northwest of the railway line traversing the site. The lands are designated Residential and Environmental Protection Area. 14.53.1 The Residential policies of the Plan will apply to the area designated Residential with a Special Policy Area designation that permits the development of the land subject to the following policies: a) A maximum of 270 dwelling units may be developed on the land consisting of a mix of townhouse units, single detached dwellings and one apartment building with a maximum height of 10 storeys. Development will be subject to Plan(s) of Condominium which shall implement site controls including grading and storm water management. Also through Plan(s) of Condominium and /Site Plan agreements, a tree preservation plan shall be completed to determine the extent that treed areas outside of S: \OFFICIAL.PLN\AMEND #77 Thundering Waters\BODY_77.wpd 2 to determine the extent of treed areas outside of Environmental Protection Areas that are to be protected and the measures to implement protection to the satisfaction of the City and the Regional Municipality of Niagara. c) The residential units shall be developed in an attractive landscaped setting and shall be designed in a manner to ensure that the impacts of adjacent industrial uses are mitigated and adequate building setbacks are respected. To ensure land use compatibility the amending by- law(s) permitting the development of the residential dwellings shall include a holding symbol "H Prior to the removal of the "H" symbol, noise, vibration and dust studies shall be completed that access potential impacts from adjacent industrial operations and recommend appropriate mitigation measures, which shall be to the satisfaction of the City and Regional Municipality of Niagara. 14.53.2 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. An area of natural regeneration along the southerly limit of the hydro corridor shall be delineated through the Plan(s) of Condominium. Conservation easements within the back yards of the lots abutting the natural regeneration area and along Drummond Road will protect those trees and shall be required through Plan(s) of Condominium. ii) PART 2, SECTION 14.39 SPECIAL POLICY AREA "39" is hereby amended by appending the phrase "except those lands identified as Special Policy Area "53" to the end of the first sentence in the introductory paragraph. leriffi OregiNrAll MAP 1 TO AMENDMENT NO. 77 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Change Special Policy Area "53" Area 1- Proposed change from Open Space Special Policy Area "39" to Residential Special Policy Area "53" Area 2- Proposed change from Open Space Special Policy Area "39" to Environmental Protection Area Special Policy Area '53" A O r r te %%ri i5 4 44 Ptta giestwat 1#1 11111)., o WILDROSE CRES CRIMSON DR 11111111111111111111111 14 �rSS"LStr S KAG1S Requests\ 2006\ Schedul es\ZoningAM\AM- 38 \Mapping.map CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN FINS ENVIRONMENTAL PROTECTION AREA INDUSTRIAL OPEN SPACE RESIDENTIAL NOTE: This schedule forms part of Amendment No. 77 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. NJ S 1 :NTS AM- 38/2006 November 2007 (b) Minimum rear yard depth (i) CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law No. 79 -200, to permit a residential condominium development within an existing golf course on the east side of Drummond Road, south of McLeod Road and southwest of Marineland Parkway. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets C6 and D6 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from OS and numbered 611 to R1D(H) and numbered 804, in part, R3(H) and numbered 805, in part, R5F(H) and numbered 806, in part, and EPA and numbered 807, in part, the land on the east side of Drummond Road, south of McLeod Road and southwest of Marineland Parkway, being Part of Block A, Plan 2483 (n.k.a. 8) and Part of Township Lot 195, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara, and shown hatched and designated R1D(H) and numbered 804, in part, R3(H) and numbered 805, in part, R5F(H) and numbered 806, in part, and EPA and numbered 807, in part, on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.56.1, clauses (b) and (d) of section 4.13, clause (d) of section 4.14 and clauses (c), (d), (e) and (f) of section 7.4.2, no person shall use the land described in section 1 of this by -law and shown hatched and designated R1 D(H) and numbered 804 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for a use permitted by the R1 D zone, except in compliance with the following regulations: (a) Minimum front yard depth 1.5 metres where no portion of the lot is zoned EPA (ii) where a portion of the lot is zoned EPA (c) Minimum interior side yard width, subject to the provisions of clause (a) of section 5.1 of By -law No. 79 -200 (i) for a one storey, one and one -half storey and split level building 7.5 metres 7.5 metres from the EPA zone boundary, save and except for lots located between points A and D on Schedule 1 attached to this by -law where a minimum rear yard depth of 3.75 metres from the EPA zone boundary may be provided 1.2 metres, save and except for lots located between points B and C on Schedule 1 attached to this by -law where 1 interior side yard shall be 7.5 metres in width 2 (ii) for a building with two or more storeys (d) Minimum exterior side yard width (i) where no portion of the lot is zoned EPA (a) for a dwelling (b) for the garage portion of a dwelling with driveway access to the exterior side yard (ii) where a portion of the lot is zoned EPA (e) Accessory buildings and accessory structures (i) 1.8 metres, save and except for lots located between points B and C on Schedule 1 attached to this by -law where 1 interior side yard shall be 7.5 metres in width 1 metre 4 metres 7.5 metres from the EPA zone boundary, save and except for lots located between points E and F on Schedule 1 attached to this by -law where the exterior side yard width shall be 3.75 metres from the EPA zone boundary no accessory building or accessory structure shall be erected on a corner lot closer than 1 metre to the side lot line, but in no case shall an accessory building or accessory structure be located closer than 3.75 metres from an EPA zone boundary (ii) an accessory building or accessory structure may be erected in a rear yard of a lot and in an exterior side yard of a lot abutting Drummond Road provided that it shall be not less than 1.8 metres from a main wall of any dwelling on such lot or any adjoining lot, and subject to the following regulations: (a) where no portion of the lot is zoned EPA (b) where a portion of the lot is zoned EPA subclauses (i) and (ii) of clause (d) of section 4.13 of By -law No. 79 -200 shall apply located no closer than 3.75 metres from an EPA zone boundary (iii) an accessory building or accessory structure may be erected in the 7.5 metre wide interior side yard of a lot located between points B and C on Schedule 1 attached to this by -law provided that it shall be not less than 1.8 metres from a main wall of any dwelling on such lot or adjoining lot, and subject to the following regulation: 3 (a) minimum side yard width 1.2 metres, with no overhanging roof, eaves or gutter projecting more than 0.3 metres into the required yard (iv) a roofed -over one storey porch may project into a required yard a distance of not more than 2.5 metres provided that (i) no enclosure of such porch, other than removable screens and storm sashes or awnings, shall be erected to a height of more than 1 metre above the floor of such porch, and (ii) in no event shall any part of such porch be closer than 1.5 metres from any street line, and subject to the following regulations: (a) where no portion of the located in the front yard or rear yard lot is zoned EPA (b) where a portion of the lot is zoned EPA (ii) for the garage portion of an on- 3 metres street townhouse dwelling unit Minimum rear yard depth Minimum interior side yard width Minimum exterior side yard width Maximum lot coverage 70% located in the front yard, rear yard or exterior side yard, but no closer than 3.75 metres from the EPA zone boundary, save and except for lots located between points B and C on Schedule 1 attached to this by -law where such structures are permitted in the 7.5 metre wide interior side yard 3. Notwithstanding the provisions of sections 2.56.1 and 7.8.1 and clauses (b), (c), (d), (e), (0 and (g) of section 7.8.2, no person shall use the land described in section 1 of this bylaw and shown hatched and designated R3(H) and numbered 805 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of on- street townhouse dwellings, and except in compliance with the following regulations: (a) Minimum lot frontage 10 metres for each dwelling unit (b) Minimum front yard depth (i) for an on- street townhouse 0 metres dwelling unit 0 metres 1.8 metres 1 metre 4. Notwithstanding the provisions of section 2.56.1 and clauses (a), (b), (c), (d), (e) and (h) of section 7.15.2, no person shall use the land described in section 1 of this bylaw and shown hatched and designated R5F(H) and numbered 806 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for a use permitted by the R5F zone, except in compliance with the following regulations: (a) Minimum lot area 4 Maximum number of dwelling units Minimum lot frontage Minimum front yard depth Minimum rear yard depth Minimum interior side yard width (i) for an apartment dwelling (ii) for an underground parking garage the whole of the land shown hatched and designated R5F(H) and numbered 806 on the plan Schedule 1 attached hereto 150 13 metres 40 metres 32 metres 6 metres 0 metres (g) Maximum height of building or structure 34 metres subject to section 4.7 of By- law No. 79 -200 5. No person shall use the land described in section 1 of this bylaw and shown hatched and designated EPA and numbered 807 on the plan Schedule 1 attached hereto, for any purpose, or permit any buildings or structures to be erected on the land or permit any soil, sand gravel, rubbish or other similar material to be placed or dumped, or remove any soil or trees or regrade any of the land. 6. The holding symbol (H) that appears in sections 1, 2, 3, 4, 6, 7 and 8 of this bylaw and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the land described in section 1 of this bylaw and shown hatched and designated R1 D(H) and numbered 804, in part, R3(H) and numbered 805, in part, and R5F(H), in part, on the plan Schedule 1 attached hereto for any purpose, prior to the 11 symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall submit a further assessment of industrial operations in the vicinity and a noise and vibration analysis with appropriate mitigation measures determined and implemented to the satisfaction of the Regional Planning and Development Department and the City through the necessary condominium and /or site plan agreement. 7. For the purpose of this by -law and interpreting compliance with By -law No. 79 -200, the following definition shall apply: "street" means a private street created by a plan of vacant land condominium which affords a principal means of access to abutting lots and which has been constructed in such a manner so as to permit its use for the passage of vehicular traffic on a year -round basis. 8. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.804 19.1.805 19.1.806 19.1.807 9. None of the provisions of By -law No. 2003 -46 shall continue to apply to the land described in section 1 of this bylaw and shown hatched and designated R1D(H) and numbered 804, in part, R3(H) and numbered 805, in part, R5F(H) and numbered 806, in part, and EPA and numbered 807, in part, on the plan Schedule 1, attached to and forming part of this by -law. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S \ZONING\AMS \200613y- Notwithstanding the provisions of section 2.56.1, clauses (b) and (d) of section 4.13, clause (d) of section 4.14 and clauses (c), (d), (e) and (f) of section 7.4.2, no person shall use the land on the east side of Drummond Road, south of McLeod Road, designated R1D(H) and numbered 804 on Sheets C6 and D6 of Schedule "A or erect or use any building or structure thereon, for a use permitted by the RID zone, except in compliance with By- law No. 2007- Notwithstanding the provisions of sections 2.56.1 and 7.8.1 and clauses (b), (c), (d), (e), (f) and (g) of section 7.8.2 no person shall use the land east of Drummond Road, south of McLeod Road and southwest of Marineland Parkway, designated R3(H) and numbered 805 on Sheet C6 of Schedule "A or erect or use any building or structure thereon, except for the purpose of on- street townhouse dwellings, and except in compliance with By -law No. 2007- Notwithstanding the provisions of section 2.56.1 and clauses (a), (b), (c), (d), (e) and (h) of section 7.15.2, no person shall use the land east of Drummond Road, south of McLeod Road and southwest of Marineland Parkway, designated R5F(H) and numbered 806 on Sheet C6 of Schedule "A or erect or use any building or structure thereon, for a use permitted by the R5F zone, except in compliance with By -law No. 2007- No person shall use the land on the east side of Drummond Road, south of McLeod Road and southwest of Marineland Parkway, designated EPA and numbered 807 on Sheets C6 and D6 of Schedule "A except in compliance with By -law No. 2007- November 12, 2007 November 12, 2007 November 12, 2007 laws\Byam38.wpd 5 LDFIELD RD SCHEDULE 1 TO BY -LAW No. 2007 Subject Land 8.5m R1D(H) 3.08m 100:58m R5F(H) 11.80m 4.,„„ 111111 HEMLOCK ST WILDROSE CRES CRIMSON DR 807 105 1.9m 20.13m 1.5m 2.03m 15.01m 9.27m 118.22m o, 37.56m 38.10m 22.6 37.20m 22.89m 20.93m 28.20m 13.59m 20.09m 111/ 19.9 2m 6.58m 13 o; 1 19.41m 42.33m A 806 112.86m 5.87m F F Amending Zoning By -law No. 79 -200 Description: Part of Block A, Plan 2483 (nka 8) and Part of Stamford Township Lot 195 Applicant: Fallsview Golf Inc. (Mario D'Uva) Assessment 272511000112710 K: \GIS_Requests\ 2006 \Schedules \ZoningAM\AM -38 \Ma pping. map N 1:NTS AM- 38/2006 November 2007 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, Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Main St. East A point 19 m North of Ferry St. and At any time a point 52 m North of Ferry St. COLUMN 1 HIGHWAY Main Street COLUMN 1 HIGHWAY Main Street (2) by adding to the specified column of Schedule A thereto the following item: COLUMN 2 SIDE East A point 19 metres north of Ferry Street and a point 52 metres north of Ferry Street (3) by adding to the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 2 SIDE East First Reading: November 12, 2007 Second Reading: November 12, 2007 Third Reading: November 12, 2007 STOPPING PROHIBITED COLUMN 3 BETWEEN COLUMN 3 BETWEEN A point 52 metres north of Ferry Street and a point 68 metres north of Ferry Street This By -law shall come into force when the appropriate signs are installed. Passed this twelfth day of November, 2007. COLUMN 4 TIMES OR DAYS At all times COLUMN 4 TIMES OR DAYS At all times DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR COLUMN 1 INTERSECTION Baldwin Avenue at Woodbine Street Baldwin Avenue at Woodbine Street Belfast Avenue at Woodbine Street Belfast Avenue at Woodbine Street Belfast Avenue at Woodbine Street irk MY OF' :CANADA NIAGARA FA=. 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. (Stop Signs at Intersections) 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 columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC Eastbound on Woodbine Street Westbound on Woodbine Street Southbound on Belfast Avenue Eastbound on Woodbine Street Westbound on Woodbine Street (2) by deleting from the specified column of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Woodbine St. Belfast Ave Southbound on Belfast Ave This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this twelfth day of November, 2007. November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A bylaw appointing the City's agent for the employee pension plan. WHEREAS it is deemed expedient to pass a by -law appointing an agent on behalf of the Council of the Corporation for the Ontario Municipal Employees Retirement System (OMERS); and WHEREAS previous documentation with OMERS lists the Manager of Human Resources as the agent; and WHEREAS it is appropriate to appoint the Director of Human Resources as the agent on behalf of the Council of the Corporation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the Director of Human Resources be appointed as the agent on behalf of the Council of the Corporation for the Ontario Municipal Employees Retirement System (OMERS). 2. That any documentation listing the Manager of Human Resources as the agent on behalf of the Council of the Corporation for the Ontario Municipal Employees Retirement System (OMERS) be amended identifying the Director of Human Resources as the agent. 3. That the agent is hereby authorized to execute all necessary documents and do all such things that are necessary to participate in and administer the City's pension plan (OMERS), in accordance with Section 6 of the OMERS Regulations. Passed this twelfth day of November, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007. November 12, 2007. November 12, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the payment of $22,333,143.66 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning October 3, 2007 to October 23, 2007. Passed this twelfth day of November 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 12, 2007 November 12, 2007 November 12, 2007 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 180 MARKETING 4 OFFICE AUTOMATION LTD 407 ETR EXPRESS TOLL ROUTE 876891 ONTARIO LIMITED 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTINC 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATIONAL LTD Al UNIFORM SERVICES LTD AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACTION CORPORATION ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALISON'S SPORTS AWARDS ALISON'S SPORTS AWARDS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERSONS CEMETERY CONTRACTING LTD ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES AREO -FIRE ARTIFICIAL GRASS LANDSCAPING INC ARTISTA DESIGN PRINT INC ASHLAND CANADA CORP ASHLAND CANADA CORP BAIOCCO CONST CORP BAKER TRANSIT PARTS INC BAKER TRANSIT PARTS INC BARCLAY TODD'S BARCLAY TODD'S BARNSLEY,JOHN BARTON,KELLY JAMES AND SHARON BATTLEFIELD EQUIPMENT RENTALS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEST WESTERN CAIRN CROFT HOTEL BETTY'S RESTAURANT BIG BEE CONVENIENCE BIRMINGHAM FIRE CONTROL BMO LENDING OPERATIONS SUPPORT CENTRE BORDEN LADNER GERVAIS BORDER PONTIAC BUICK GMC LTD BOUW,JOHN BOYLE,PEGGY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BROMAC CONST ENG LTD BROUGH,JOHN BRUNNING,PAUL BUNTIN REID C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALABRESE,JOSEPH CALE SYSTEMS INC CAMPBELL,CAREY Cheque No. Cheque Date Purpose 314306 09- Oct -2007 CONTRACT SERVICES 314456 16- Oct -2007 CONTRACT SERVICES 314455 16 -Oct -2007 REMITTANCE 314656 23 -Oct -2007 REFUND 314457 16- Oct -2007 CONTRACT SERVICES 314335 09- Oct -2007 CONTRACT SERVICES 314308 09- Oct -2007 MATERIALS 314458 16 -Oct -2007 MATERIALS 314307 09- Oct -2007 CONTRACT SERVICES 314459 16- Oct -2007 MAINTENANCE /REPAIRS 314309 09- Oct -2007 MAINTENANCE /REPAIRS 314460 16 -Oct -2007 MAINTENANCE /REPAIRS 314657 23- Oct -2007 MATERIALS 314658 23 -Oct -2007 COMPUTER 314659 23 -Oct -2007 MAINTENANCE /REPAIRS 314310 09- Oct -2007 CONTRACT SERVICES 314461 16 -Oct -2007 MAINTENANCE /REPAIRS 314660 23- Oct -2007 MAINTENANCE /REPAIRS 314661 23- Oct -2007 MATERIALS 314462 16- Oct -2007 TRAVEL /MILEAGE 314662 23 -Oct -2007 CONTRACT SERVICES 314311 09 -Oct -2007 MATERIALS 314463 16- Oct -2007 MATERIALS TRILLIUM AWARDS 314663 23- Oct -2007 MATERIALS 314665 23- Oct -2007 RENTAL EQUIPMENT 314664 23- Oct -2007 MATERIALS 314312 09 -Oct -2007 PAYROLL REMITTANCE 314464 16- Oct -2007 PAYROLL REMITTANCE 314666 23- Oct -2007 PAYROLL REMITTANCE 314465 16 -Oct -2007 MAINTENANCE /REPAIRS 314467 16- Oct -2007 TRAVEL /MILEAGE 314313 09- Oct -2007 MATERIALS 314468 16 -Oct -2007 MATERIALS 314314 09- Oct -2007 CONTRACT SERVICES 314315 09- Oct -2007 MATERIALS 314469 16- Oct -2007 CONTRACT SERVICES 314667 23- Oct -2007 CONTRACT SERVICES 314316 09- Oct -2007 CONTRACT SERVICES 314317 09- Oct -2007 MATERIALS 314470 16- Oct -2007 MATERIALS 314471 16- Oct -2007 SUPPLIES 314668 23- Oct -2007 SUPPLIES 314669 23- Oct -2007 TRAVEL /MILEAGE 314670 23 -Oct -2007 TAX REFUND OVERPAYMENT 314671 23 -Oct -2007 MATERIALS 314318 09- Oct -2007 UTILITIES 314472 16 -Oct -2007 UTILITIES 314473 16 -Oct -2007 UTILITIES 314474 16 -Oct -2007 UTILITIES 314672 23 -Oct -2007 UTILITIES 314673 23 -Oct -2007 UTILITIES 314674 23 -Oct -2007 MATERIALS 314675 23- Oct -2007 MATERIALS 314475 16 -Oct -2007 REFUND FOR PASSES RET'D 314476 16- Oct -2007 MAINTENANCE /REPAIRS 314676 23- Oct -2007 TAX REFUND MTG. #3554256795 314477 16 -Oct -2007 CONSULTING SERVICES 314478 16 -Oct -2007 EQUIPMENT 314320 09 -Oct -2007 CONSULTING SERVICES 314677 23- Oct -2007 TRAVEL /MILEAGE OCTOBER 07 314479 16 -Oct -2007 MATERIALS 314678 23 -Oct -2007 MATERIALS 314679 23- Oct -2007 CONSULTING SERVICES 314322 09- Oct -2007 CONTRACT SERVICES 314680 23- Oct -2007 REFUND 314323 09 -Oct -2007 MATERIALS 314324 09- Oct -2007 MATERIALS 314495 16- Oct -2007 CONTRACT SERVICES 314700 23- Oct -2007 CONTRACT SERVICES 314682 23 -Oct -2007 TAX REFUND OVERPAYMENT 314325 09 -Oct -2007 MATERIALS 314326 09- Oct -2007 TRAVEUMILEAGE Page 1 of 7 Amount 11,496.71 120.67 163.38 7,604.72 1,436.40 54,655.43 13,657.34 85.22 144.21 168.15 68.90 180.20 524.17 291.92 561.80 702.54 2,137.80 6,545.41 10.26 126.63 18,472.03 15.96 518.70 63.84 2,026.47 738.14 651.36 662.40 651.36 41,361.20 34.00 124.70 5,696.30 62,927.38 2,046.30 782.81 265.53 97,793.68 66.84 1,980.46 350.25 397.72 262.00 180.39 93.93 8,076.40 286.24 57.00 182.16 456.91 13.47 678.28 300.00 176.40 107.73 4,736.44 397.50 61,159.86 60.00 50.00 583.80 369.30 3,284.02 3,995.14 150.00 140.00 232.00 6,712.45 12,796.85 423.10 1,199.85 61.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN MAINTENANCE SERVICES CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE COMMERCIAL MASTERCARD CANCORE INDUSTRIES INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARDINAL COURIERS LTD CAROLINIAN CANADA FORUM CARRICK,MARZENNA CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CATARACT COLLISION CENTRE CENTURY VALLEN CERIDIAN LIFEWORKS SERVICES CHARLES JONES INDUSTRIAL LTD CHEVY LANE FABRICATIONS CIT FINANCIAL LTD SCOTIABANK SCOTIABANK CLAYDON,JEFF CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLBEY CUSTOM FABRICATING CO LIMITED COLLEE,MICHAEL COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITY HERITAGE ONT CONTINENTAL TIRE CANADA INC COTTON INC CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CPTED ONTARIO/YORK REGIONAL POLICE SERVICE CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CREDIT UNION OF CENTRAL ONTARIO CREDIT UNION OF CENTRAL ONTARIO CROWLAND VOLUNTEER FIREFIGHTERS ASSOC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 D J PENWARDEN APPRAISALS DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DAISY MART DARBYSON,DOUG DARBYSON,DOUG DELL CANADA INC DELL CANADA INC DELL CANADA INC DELPHI BANQUET FACILITIES DELTA ORGANIZATION LEADERSHIP LIMITED DEMOL'S TIRE SALES SERVICE DESIGN ELECTRONICS DESIGN ELECTRONICS DESORMEAUX,LARRY DIRECT EQUIPMENT LTD DOBBIES FLORIST LTD DR A. H. MCFARLANE A M CONSULTING DRAFTCON CALAMAR CORP DRAFTCON CALAMAR CORP DUERKSEN,ANGELA DUNNETT,RODNEY E3 LABORATORIES EARTH TECH CANADA INC Cheque No. Cheque Date Purpose 314328 09 -Oct -2007 MATERIALS 314683 23- Oct -2007 MAINTENANCE /REPAIRS 314329 09 -Oct -2007 MATERIALS 314480 16 -Oct -2007 MAINTENANCE /REPAIRS 314684 23- Oct -2007 MAINTENANCE /REPAIRS 314481 16 -Oct -2007 MATERIALS 314482 16- Oct -2007 MATERIALS 314686 23- Oct -2007 MATERIALS 314327 09- Oct -2007 MAINTENANCE /REPAIRS 314330 09- Oct -2007 CONTRACT SERVICES 314685 23 -Oct -2007 CONTRACT SERVICES 314687 23- Oct -2007 COURIER 314688 23 -Oct -2007 REMITTANCE CAROLINIAN COALIT 314689 23- Oct -2007 TRAVEL /MILEAGE SEPT /07 314331 09- Oct -2007 MATERIALS 314483 16- Oct -2007 MATERIALS 314332 09- Oct -2007 LEASES AND RENTS 314690 23 -Oct -2007 MAINTENANCE /REPAIRS 314691 23- Oct -2007 MATERIALS 314333 09 -Oct -2007 CONTRACT SERVICES 314485 16- Oct -2007 STORES /INVENTORY 314334 09- Oct -2007 MATERIALS 314692 23 -Oct -2007 LEASES AND RENTS 314336 09- Oct -2007 PURCHASE CARD 314693 23- Oct -2007 PURCHASE CARD 314337 09 -Oct -2007 TRAVEUMILEAGE 314486 16- Oct -2007 MATERIALS 314338 09- Oct -2007 UTILITIES 314487 16 -Oct -2007 UTILITIES 314694 23 -Oct -2007 UTILITIES 314488 16 -Oct -2007 MAINTENANCE /REPAIRS 314489 16- Oct -2007 REFUND PURCHASE INCENTIVE 314490 16 -Oct -2007 MATERIALS 314339 09- Oct -2007 CONTRACT SERVICES 314695 23- Oct -2007 CONTRACT SERVICES 314696 23 -Oct -2007 SUBSCRIPTION -2007 MEMBERSHIf 314491 16 -Oct -2007 MATERIALS 314492 16- Oct -2007 CONTRACT SERVICES 314305 04 -Oct -2007 REMITTANCE CONFERENCE FEE 314697 23 -Oct -2007 CONFERENCE FEE C. IOANNONI 314698 23- Oct -2007 CONFERENCE REMITTANCE C. R 314340 09 -Oct -2007 CONTRACT SERVICES 314493 16 -Oct -2007 CONTRACT SERVICES 314699 23- Oct -2007 TRUST ACCT REPLENISHMENT 314341 09 -Oct -2007 TAX REFUND WIELER 314494 16 -Oct -2007 REFUND -TAX 5478 ROYAL MANOR 314496 16- Oct -2007 GRAND OPENING REIMBURSE 314342 09- Oct -2007 PAYROLL REMITTANCE 314497 16 -Oct -2007 PAYROLL REMITTANCE 314701 23 -Oct -2007 PAYROLL REMITTANCE 314348 09 -Oct -2007 CONSULTING SERVICES 314498 16 -Oct -2007 MATERIALS 314499 16 -Oct -2007 REFUND FOR RET'D PASS 314343 09- Oct -2007 TRAVEL /MILEAGE 314500 16 -Oct -2007 TRAVEL /MILEAGE CONFERENCE 314345 09- Oct -2007 COMPUTER 314501 16- Oct -2007 COMPUTER 314702 23 -Oct -2007 COMPUTER 314653 19- Oct -2007 REMITTANCE DANIELS 314346 09- Oct -2007 CONSULTING SERVICES 314502 16 -Oct -2007 MAINTENANCE /REPAIRS 314347 09 -Oct -2007 LEASES AND RENTS 314503 16 -Oct -2007 MATERIALS 314504 16- Oct -2007 REFUND DRIVERS MEDICAL 314505 16 -Oct -2007 MATERIALS 314349 09- Oct -2007 MATERIALS 314386 09 -Oct -2007 CONSULTING SERVICES 314350 09 -Oct -2007 CONTRACT SERVICES 314703 23 -Oct -2007 REFUND OF SERVICE DEPOSIT 314705 23- Oct -2007 TRAVEL /MILEAGE WINDSOR 314506 16- Oct -2007 TRAINING ALLOW 10/07 314706 23 -Oct -2007 CONTRACT SERVICES 314708 23 -Oct -2007 CONSULTING SERVICES Page 2 of 7 Amount 58.01 1,898.46 3,419.85 2,345.04 1,097.42 65.15 5,114.56 63.25 2,885.22 267.12 5,163.10 95.24 70.00 81.50 89.41 132.02 739.86 2,250.22 631.95 2,281.50 252.35 2,302.80 889.20 33,599.03 35,300.84 65.00 255.36 108.03 352.72 148.30 563.16 300.00 1,243.29 20,702.33 17,626.07 70.00 2,984.91 146,306.80 175.00 175.00 175.00 7,515.00 2,493.00 15,000.00 1,103.20 405.54 1,619.90 3,728.75 3,720.91 3,729.38 5,119.80 2,624.04 49.00 233.50 152.72 228.00 13,865.82 11,927.82 920.00 3,353.85 1,525.87 85.50 3,639.62 85.00 666.33 77.12 1,500.00 134,847.41 750.00 663.98 100.00 2,802.79 7,327.39 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EARTHDANCE LANDSCAPING INC ECHELON RESPONSE TRAINING INC ELECTROMEGA LTD ELREG DISTRIBUTORS LTD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC EVANGELISTA,BARBARA EVANS,PAUL EVANS REFRIGERATION LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FEDERAL EXPRESS CANADA LTD FEREN SIGNS AWNINGS LTD FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLAGS OVER NIAGARA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORREST,COLIN FRANK COWAN COMPANY LIMITED FRED CRAIG FRED CRAIG FROESE,ROBERT JAMES FRONTIER EQUIPMENT CO LTD G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GALT MACHINE KNIFE SAW GARDENING LIFE MAGAZINE GEORGE BAILEY GILL,PAUL MAUREEN GIRHINY,STEVE GLADDING SALES AGENCY LTD GLOBAL CADD SYSTEMS CORP GOFORTH,HANYA GOODLIFE FITNESS CLUBS GOODLIFE FITNESS CLUBS GOODYEAR,WALTER DAVID GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GROUND AERIAL MAINTENANCE LTD NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALLIDAY,DR FIONA HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HECO HECO HECO HERITAGE RESEARCH HICKS MORLEY HAMILTON STEWART STORIE LLP HOLMAN,GEOFF ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC ICI CANADA INC IN2ITIVE GROUP INC INNOVATIVE SURFACE SOLUTIONS CANADA INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS Cheque No. Cheque Date Purpose 314707 23 -Oct -2007 MATERIALS 314507 16- Oct -2007 MATERIALS 314709 23 -Oct -2007 MATERIALS 314351 09- Oct -2007 MATERIALS 314303 03- Oct -2007 UTILITIES 314352 09 -Oct -2007 UTILITIES 314509 16 -Oct -2007 UTILITIES 314711 23 -Oct -2007 UTILITIES 314304 03- Oct -2007 CONTRACT SERVICES 314712 23 -Oct -2007 REFUND OF SERVICE DEPOSIT 314713 23 -Oct -2007 REFUND 314510 16- Oct -2007 MATERIALS 314353 09- Oct -2007 MATERIALS 314354 09- Oct -2007 CONTRACT SERVICES 314511 16- Oct -2007 CONTRACT SERVICES 314714 23- Oct -2007 CONTRACT SERVICES 314512 16- Oct -2007 MATERIALS 314513 16 -Oct -2007 MAINTENANCE /REPAIRS 314355 09- Oct -2007 MATERIALS 314514 16 -Oct -2007 MATERIALS 314356 09- Oct -2007 CONCESSION SUPPLIES 314716 23- Oct -2007 CONCESSION SUPPLIES 314717 23- Oct -2007 COURIER 314515 16- Oct -2007 MATERIALS 314357 09- Oct -2007 CONTRACT SERVICES 314718 23- Oct -2007 MAINTENANCE /REPAIRS 314358 09- Oct -2007 MATERIALS 314516 16- Oct -2007 MAINTENANCE /REPAIRS 314517 16- Oct -2007 MATERIALS 314518 16- Oct -2007 MAINTENANCE /REPAIRS 314719 23 -Oct -2007 MATERIALS 314720 23- Oct -2007 REFUND PARKING TICKET OVER 314519 16- Oct -2007 INSURANCE 314359 09- Oct -2007 MATERIALS 314721 23- Oct -2007 SUPPLIES 314722 23 -Oct -2007 REFUND OF SERVICE DEPOSIT 314360 09- Oct -2007 MATERIALS 314363 09- Oct -2007 MATERIALS 314520 16- Oct -2007 FUEL 314361 09- Oct -2007 MATERIALS 314723 23- Oct -2007 CONTRACT SERVICES 314724 23- Oct -2007 MATERIALS 314362 09- Oct -2007 MATERIALS 314521 16 -Oct -2007 TAX OVERPAYMENT REFUND 314522 16- Oct -2007 REFUND COACHING CLINIC 314364 09- Oct -2007 MATERIALS 314523 16 -Oct -2007 CONTRACT SERVICES 314524 16 -Oct -2007 PETTY CASH OCT 9/07 314365 09- Oct -2007 MEMBERSHIP REMITTANCE 314525 16 -Oct -2007 MEMBERSHIP REMITTANCE 314366 09 -Oct -2007 TAX REFUND WILLIAM ST 314367 09 -Oct -2007 MATERIALS 314526 16 -Oct -2007 MATERIALS 314725 23- Oct -2007 PAYROLL REMITTANCE 314369 09 -Oct -2007 CONTRACT SERVICES GRASSY 314371 09 -Oct -2007 CONTRACT SERVICES 314727 23 -Oct -2007 MAINTENANCE /REPAIRS 314453 10 -Oct -2007 MATERIALS 314372 09 -Oct -2007 TRAVEL /MILEAGE AUGUST 2007 314527 16- Oct -2007 MATERIALS 314373 09- Oct -2007 MAINTENANCE /REPAIRS 314528 16- Oct -2007 MAINTENANCE /REPAIRS 314728 23 -Oct -2007 MAINTENANCE /REPAIRS 314729 23- Oct -2007 CONSULTING SERVICES 314374 09 -Oct -2007 CONTRACT SERVICES 314529 16- Oct -2007 TRAVEL /MILEAGE SEPT 07 314375 09- Oct -2007 MATERIALS 314730 23 -Oct -2007 MATERIALS 314530 16 -Oct -2007 MATERIALS 314731 23 -Oct -2007 MATERIALS 314376 09 -Oct -2007 MATERIALS 314377 09 -Oct -2007 MATERIALS 314531 16- Oct -2007 MATERIALS P, Page 3 of 7 Amount 22,339.71 239.04 6,606.30 213.73 24.99 63.29 3,018.59 1,535.95 460.00 1,000.00 148.19 1,171.30 2,699.52 153.80 1,153.28 418.70 4,412.66 1,785.51 138.46 20,548.77 1,083.94 1,038.02 34.03 396.15 130,826.54 286.20 768.66 452.39 45.59 246.81 173.28 5.00 12,095.79 267.05 255.08 750.00 38.76 109.00 378.56 165.30 1,554.96 159.00 50.00 450.58 45.00 1,718.87 1,272.00 428.55 1,751.12 1,437.36 457.08 524.81 29.44 38.40 255.04 835.05 855.00 26,662.91 273.50 9,858.56 4,512.03 1,295.21 1,570.96 500.00 10,851.94 91.00 2,314.10 643.70 80.68 30.38 3,642.47 3,250.90 1,985.05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name INTERSTATE BATTERY SYSTEMS OF HAMILTON IOANNONI,CARMINE ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACK DOW AUTO SUPPLIES LIMITED JACKIEWICZ,ALLAN JACKSON,DAVE JAGGER HIMS LIMITED JAGGER SPORTS CO JAMES H BANDOW ASSOCIATES JAMES ROCCA BARRISTER (IN TRUST) JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOSEPH URBAN CONSULTANTS KCM CONSTRUCTION MAINTENANCE KELLY DIGS LANDSCAPING KENNETH B HARRIS IN TRUST, KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KISSMANN,KEN KNOWLTON PASS ELECTRONICS INC KRONSTEIN,MARK KROWN RUST CONTROL LAKE'S MAINTENANCE LANG DRYWALL ACOUSTICS LTD LAWSON PRODUCTS INC LAWSON PRODUCTS INC LEEDS TRANSIT LEXISNEXIS CANADA INC LUKOWSKI,JOANNE SOGNA MACLEAN,DAVE MACLEAN,JASON MANPOWER MASLEK,JOVO MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCAP SERVICE CORPORATION MCCONNELL,LUCILLE MCDOW,GRANT MCLEAN KERR LLP MCNAMARA,SUSAN MEDIA PRO INC MERIDIAN PLANNING CONSULTANTS INC MG PROMOTIONS MINGLE,MARGARET MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG SUPPLY CO MOHAWK MFG SUPPLY CO MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MORTON,DALE MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MR QUICK SOFT CLOTH MR ROOTER PLUMBING MUNICIPAL WORLD INC NEW FOOD BOX THE NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA COMMUNITY NEWSPAPERS Cheque No. Cheque Date Purpose 314732 23 -Oct -2007 MATERIALS 314532 16- Oct -2007 REFUND TUITION REIMB. 10/07 314533 16 -Oct -2007 SAFETY WEAR 314733 23 -Oct -2007 SAFETY SHOES 314534 16- Oct -2007 MAINTENANCE /REPAIRS 314378 09 -Oct -2007 REFUND 314535 16- Oct -2007 TRAVEL /MILEAGE OCT /07 314536 16- Oct -2007 CONSULTING SERVICES 314454 11- Oct -2007 REMITTANCE 314379 09- Oct -2007 CONSULTING SERVICES 314792 23- Oct -2007 ADMINISTRATIVE 314537 16- Oct -2007 MAINTENANCE /REPAIRS 314380 09 -Oct -2007 CONSULTING SERVICES 314381 09- Oct -2007 CONTRACT SERVICES 314382 09- Oct -2007 CONTRACT SERVICES 314735 23- Oct -2007 TAX REFUND SIRIANNI, D 314538 16- Oct -2007 CONSULTING SERVICES 314736 23- Oct -2007 CONSULTING SERVICES 314737 23- Oct -2007 CONTRACT SERVICES 314539 16 -Oct -2007 DRIVERS MEDICAL 314540 16- Oct -2007 CONTRACT SERVICES 314541 16- Oct -2007 TRAVEL /MILEAGE 314738 23 -Oct -2007 MAINTENANCE /REPAIRS 314542 16 -Oct -2007 MAINTENANCE /REPAIRS 314383 09- Oct -2007 CONTRACT SERVICES 314543 16- Oct -2007 PAINTS 314740 23 -Oct -2007 SUPPLIES 314741 23- Oct -2007 MAINTENANCE /REPAIRS 314742 23- Oct -2007 CONTRACT SERVICES 314744 23- Oct -2007 REFUND 314746 23- Oct -2007 REFUND 314745 23- Oct -2007 SAFETY SHOES 314747 23 -Oct -2007 CONTRACT SERVICES 314748 23- Oct -2007 SAFETY SHOES 314545 16- Oct -2007 CONTRACT SERVICES 314749 23- Oct -2007 CONTRACT SERVICES 314546 16- Oct -2007 TRAVEL/MILEAGE 314750 23- Oct -2007 REFUND 314547 16- Oct -2007 TRAVEL /MILEAGE 314548 16- Oct -2007 FUNDING 314751 23- Oct -2007 CONSULTING SERVICES 314549 16- Oct -2007 TRAVEL/MILEAGE 314752 23- Oct -2007 SIGNAGE 314753 23- Oct -2007 CONSULTING SERVICES 314550 16- Oct -2007 MATERIALS 314388 09- Oct -2007 TRAVEL /MILEAGE 314552 16- Oct -2007 REMITTANCE 314651 17 -Oct -2007 2008 VEHICLE LICENCE RENEWAL 314652 18 -Oct -2007 REMITTANCE 314389 09- Oct -2007 PAYROLL REMITTANCE 314551 16- Oct -2007 PAYROLL REMITTANCE 314754 23- Oct -2007 PAYROLL REMITTANCE 314390 09- Oct -2007 CONTRACT SERVICES 314554 16- Oct -2007 CONTRACT SERVICES 314755 23- Oct -2007 CONTRACT SERVICES 314555 16- Oct -2007 MATERIALS 314756 23- Oct -2007 MATERIALS 314556 16- Oct -2007 CONSULTING SERVICES 314757 23- Oct -2007 CONTRACT SERVICES 314391 09- Oct -2007 TRAVEL /MILEAGE 314557 16- Oct -2007 TRAVEL/MILEAGE 314392 09- Oct -2007 REFUND EXPENSES 314758 23- Oct -2007 REFUND EXPENSES 314558 16- Oct -2007 PARTS 314759 23 -Oct -2007 PARTS 314559 16- Oct -2007 CONTRACT SERVICES 314760 23- Oct -2007 SERVICE DEPOSIT REFUND 314560 16 -Oct -2007 PUBLICATIONS 314762 23 -Oct -2007 CONCESSION SUPPLIES 314561 16- Oct -2007 AUTOMOTIVE SUPPLIES 314763 23- Oct -2007 AUTOMOTIVE SUPPLIES 314764 23 -Oct -2007 MATERIALS 314765 23- Oct -2007 ADVERTISING Page 4 of 7 Amount 675.79 272.97 332.87 148.19 142.50 1,452.92 121.50 1,573.44 159.00 9,360.00 27,000.00 328.60 2,385.00 1,057.88 4,116.19 361.00 8,761.43 1,430.63 600.49 95.00 5,597.40 48.00 177.84 106.00 719.02 2,421.87 1,120.16 1,024.98 380.79 750.00 240.00 91.19 2,087.40 150.00 2,406.20 6,804.70 96.00 918.00 96.00 45.00 1,323.54 96.00 59.85 6,813.68 463.59 19.50 8,295.94 31,430.50 580.24 1,736.23 1,736.23 1,736.23 702.67 83.17 997.24 806.81 1,051.39 3,399.95 330.37 212.50 61.50 91.59 420.58 947.98 900.23 209.88 750.00 70.70 2,022.00 1,844.85 6,348.94 188.22 3,934.55 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA DRIVETRAIN CENTRE NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA RESTAURANT SUPPLY LTD NIAGARA RESTAURANT SUPPLY LTD NIAGARA SHEET METAL NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA.COM NICKS TRUCK PARTS INC. NORJOHN LTD NORTHSTAR CONSTRUCTION NORTON,GAGE NRU PUBLISHING INC O PSINC OCE- CANADA INC OCE- CANADA INC OMERS ONTARIO MARCH OF DIMES OPTIMIST CLUB PAGEE HOMES LIMITED PARKS RECREATION ONTARIO PARTY CONNECTION PCO SERVICES CORPORATION PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENNER BUILDING CENTRE PEOPLE 2 DESIGN PERFORMANCE POWDER COATING FASTENERS LTD PETERS EXCAVATING INC PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PINEWOOD HOMES (NIAGARA) LTD PLAYPOWER LT CANADA INC POPPA CORN CORP POPPA CORN CORP POTTS,JESSICA PRATA,GUY PRAXAIR PRAXAIR PREVOST COACH TRANSIT PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R D CONSTRUCTION (NIAGARA) LTD R J SMITH EQUIPMENT INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA Cheque No. Cheque Date Purpose 314563 16 -Oct -2007 GRANT 314564 16 -Oct -2007 MATERIALS 314396 09- Oct -2007 PAYROLL REMITTANCE 314567 16- Oct -2007 PAYROLL REMITTANCE 314768 23- Oct -2007 PAYROLL REMITTANCE 314393 09- Oct -2007 REMITTANCE WATER ARREARS 314394 09- Oct -2007 UTILITIES 314565 16 -Oct -2007 REMITTANCE WATER ARREARS 314566 16 -Oct -2007 UTILITIES 314766 23- Oct -2007 REMITTANCE WATER ARREARS 314767 23 -Oct -2007 UTILITIES 314395 09- Oct -2007 ADMINISTRATIVE 314397 09 -Oct -2007 GRANT 314398 09 -Oct -2007 MEDICAL EXAMINATIONS 314568 16 -Oct -2007 MATERIALS 314399 09- Oct -2007 EQUIPMENT 314569 16 -Oct -2007 MATERIALS 314400 09- Oct -2007 MAINTENANCE /REPAIRS 314570 16 -Oct -2007 ADVERTISING 314771 23 -Oct -2007 ADVERTISING 314571 16- Oct -2007 P CASH REIMBURSEMENT 314562 16 -Oct -2007 CONTRACT SERVICES 314572 16- Oct -2007 MATERIALS 314573 16 -Oct -2007 CONTRACT SERVICES 314574 16 -Oct -2007 CONTRACT SERVICES 314772 23- Oct -2007 SAFETY SHOES 314401 09- Oct -2007 SUBSCRIPTION 314577 16 -Oct -2007 PROTECTIVE EYE WEAR 314402 09 -Oct -2007 MATERIALS 314575 16- Oct -2007 OFFICE SUPPLIES 314576 16- Oct -2007 PAYROLL REMITTANCE ADJ 314774 23 -Oct -2007 ADVERTISING 314775 23 -Oct -2007 MATERIALS 314776 23 -Oct -2007 REFUND 314403 09- Oct -2007 ADVERTISING 314777 23 -Oct -2007 MATERIALS 314578 16- Oct -2007 CONTRACT SERVICES 314580 16 -Oct -2007 CONTRACT SERVICES 314405 09- Oct -2007 CONTRACT SERVICES 314404 09- Oct -2007 CONTRACT SERVICES 314579 16- Oct -2007 CONTRACT SERVICES 314778 23 -Oct -2007 CONTRACT SERVICES 314581 16- Oct -2007 MATERIALS 314406 09 -Oct -2007 CONTRACT SERVICES 314582 16 -Oct -2007 MATERIALS 314583 16 -Oct -2007 CONTRACT SERVICES 314780 23 -Oct -2007 CONTRACT SERVICES 314407 09- Oct -2007 CONTRACT SERVICES 314584 16- Oct -2007 CONTRACT SERVICES 314408 09 -Oct -2007 EQUIPMENT 314409 09- Oct -2007 CONCESSION SUPPLIES 314781 23 -Oct -2007 CONCESSION SUPPLIES 314585 16- Oct -2007 TRAVEL /MILEAGE 314586 16 -Oct -2007 TRAVEL /MILEAGE 314587 16 -Oct -2007 LEASES AND RENTS 314783 23- Oct -2007 LEASES AND RENTS 314785 23- Oct -2007 PARTS 314410 09 -Oct -2007 CONTRACT SERVICES 314588 16- Oct -2007 CONTRACT SERVICES 314411 09 -Oct -2007 COURIER 314589 16- Oct -2007 COURIER 314786 23 -Oct -2007 COURIER 314414 09 -Oct -2007 CONTRACT SERVICES 314598 16 -Oct -2007 SERVICE PARTS 314599 16 -Oct -2007 UNIFORMS 314590 16 -Oct -2007 STORES /INVENTORY 314412 09- Oct -2007 CONTRACT SERVICES 314413 09 -Oct -2007 REMITTANCE 314415 09 -Oct -2007 PAYROLL REMITTANCE 314591 16 -Oct -2007 PAYROLL REMITTANCE 314787 23 -Oct -2007 PAYROLL REMITTANCE 314416 09 -Oct -2007 PAYROLL REMITTANCE 314592 16- Oct -2007 PAYROLL REMITTANCE Page 5 of 7 Amount 22,424.00 245.96 2,935,00 2,935.00 2,935.00 9,879.03 126.41 11,901.94 6,499.09 3,692.16 11,232.66 112.50 46,666.70 935.20 6.02 3,251.94 131.05 171.00 279.84 157.94 665.25 152.06 263.34 187,812.87 1,836.45 150.00 560.74 20.38 3,077.53 8.48 49, 322.60 100.00 6,452.14 750.00 159.00 245.10 63.60 5,565.00 31.80 250.00 180.00 20.00 213.22 609.50 1,140.00 7,160.72 40,609.30 3,784.20 755.57 91,930.19 402.78 321.39 53.50 36.50 1,036.27 739.16 1,258.60 312,245.48 15,900.00 71.56 165.50 38.19 1,727.41 6,834.87 1,351.46 635.32 100,362.39 1,226.68 185,236.50 174,657.08 176,593.99 168.86 182.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RECEIVER GENERAL FOR CANADA REDA,GIOVANNI REGIONAL NIAGARA FIRE BUFFS RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED ROGERS WIRELESS INC RONNIES GENERATOR SERVICE LTD. ROYAL CANADIAN LEGION BRANCH 51 ROYAL CANADIAN LEGION BRANCH 51 RUDACHUK,PHILIP SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SCARINGI,VITO SCHOFIELD,RICHARD SCOTIABANK SCOTIABANK SCOTIABANK BILL PAYMENT SERVICES SEALER WORKS SEALER WORKS SETON SETON SHAHEEN PEAKER LTD SIBLEY ASSOCIATES INC SIBLEY ASSOCIATES INC SIDEWALKS PLUS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SMITH,LEE SNAP ON TOOLS SOBOTA,MARK STAMFORD HOME HARDWARE STEVENSVILLE LAWN SERVICE INC STOKES INTERNATIONAL STRANGES,LOU STRANGES,TOM STRANGES,VINCENT STRATEGY CORP STREAMLINE STREAMLINE SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPER 8 HOTEL SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC SUPERIOR PROPANE INC TAG INC TAB TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TASSONE,FRANK TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED TERANET INC THE BUSINESS LINK NIAG LTD THE DRAFTING CLINIC CANADA LTD Page 6 of 7 Cheque No. Cheque Date Purpose Amount 314788 23- Oct -2007 PAYROLL REMITTANCE 168.45 314789 23 -Oct -2007 REFUND 843.72 314596 16- Oct -2007 SUPPLIES 356.63 314597 16- Oct -2007 CONTRACT SERVICES 1,703.42 314793 23- Oct -2007 CONTRACT SERVICES 3,285.34 314600 16 -Oct -2007 AUTOMOTIVE PARTS 516.86 314418 09- Oct -2007 REMEMBRANCE DAY WREATH 65,00 314601 16 -Oct -2007 WREATH 65.00 314602 16- Oct -2007 TRAVEL /MILEAGE 459.50 314603 16- Oct -2007 CONTRACT SERVICES 145,603.40 314604 16- Oct -2007 CLOTHING APPAREL 2,209.05 314794 23 -Oct -2007 PROTECTIVE WEAR 134.71 314419 09 -Oct -2007 PARTS 4,159.58 314605 16- Oct -2007 PARTS 280.88 314420 09- Oct -2007 STORES /INVENTORY 769.50 314606 16- Oct -2007 TRAVEL/MILEAGE 124.00 314607 16 -Oct -2007 REMITTANCE 30.00 314421 09 -Oct -2007 U S DRAFT -GFOA 620.54 314654 19- Oct -2007 U S DRAFT -URS CORPORATION 48,164.40 314422 09- Oct -2007 REFUND 1,160.00 314610 16- Oct -2007 CONTRACT SERVICES 2,064.35 314796 23 -Oct -2007 MATERIALS 4,656.05 314423 09- Oct -2007 SAFETY SUPPLIES 347.35 314798 23- Oct -2007 SAFETY SUPPLIES 531.19 314424 09- Oct -2007 CONTRACT SERVICES 12,526.02 314425 09- Oct -2007 CONSULTING SERVICES 7,156.69 314799 23 -Oct -2007 CONSULTING SERVICES 4,889.25 314800 23- Oct -2007 CONTRACT SERVICES 6,275.20 314611 16- Oct -2007 MATERIALS 598.50 314801 23 -Oct -2007 SIGNS 820.80 314426 09 -Oct -2007 CONTRACT SERVICES 1,170.70 314612 16- Oct -2007 MAINTENANCE /REPAIRS 319.20 314613 16- Oct -2007 P CASH REIMBURSEMENT 151.65 314427 09- Oct -2007 AUTOMOTIVE PARTS 29.87 314803 23- Oct -2007 REFUND 750.00 314614 16- Oct -2007 MATERIALS 17.93 314804 23 -Oct -2007 CONTRACT SERVICES 20,163.76 314615 16- Oct -2007 UNIFORM ACCESSORIES 1,568.34 314617 16 -Oct -2007 TRAVEL /MILEAGE 33.50 314616 16 -Oct -2007 SAFETY SHOES 150.00 314805 23- Oct -2007 SAFETY SHOES 750.00 314618 16- Oct -2007 CONTRACT SERVICES 7,950.00 314619 16 -Oct -2007 MAINTENANCE /REPAIRS 327.18 314806 23- Oct -2007 MAINTENANCE /REPAIRS 535.80 314428 09 -Oct -2007 CONTRACT SERVICES 1,974.41 314622 16- Oct -2007 REMITTANCE 263,020.54 314623 16- Oct -2007 REMITTANCE 881.22 314808 23 -Oct -2007 REMITTANCE 535.99 314429 09 -Oct -2007 FUEL 1,661.42 314621 16- Oct -2007 FUEL 97,764.99 314807 23 -Oct -2007 FUEL 73,749.80 314809 23- Oct -2007 REFUND 1,620.00 314625 16 -Oct -2007 COFFEE SUPPLIES 22.00 314430 09 -Oct -2007 FUEL 31.35 314624 16 -Oct -2007 FUEL 922.22 314810 23 -Oct -2007 FUEL 2,130.62 314627 16- Oct -2007 PARTS 2,496.44 314626 16 -Oct -2007 OFFICE SUPPLIES 126.43 314628 16- Oct -2007 CONTRACT SERVICES 213.50 314811 23- Oct -2007 CONTRACT SERVICES 731.78 314431 09- Oct -2007 ADVERTISING 996.82 314812 23- Oct -2007 SAFETY SHOES 150.00 314629 16 -Oct -2007 MATERIALS 96.00 314432 09- Oct -2007 CONTRACT SERVICES 127.20 314630 16 -Oct -2007 CONTRACT SERVICES 5,767.55 314631 16- Oct -2007 CONTRACT SERVICES 104.85 314632 16 -Oct -2007 UTILITIES 1,574.38 314813 23 -Oct -2007 MATERIALS 539.69 314814 23- Oct -2007 CONTRACT SERVICES 6,169.66 314433 09 -Oct -2007 MATERIALS 71.00 314815 23- Oct -2007 ADMINISTRATIVE -LEGAL 10,000.00 314681 23 -Oct -2007 ADVERTISING 545.90 314704 23 -Oct -2007 SUPPLIES 627.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE EMPIRE LIFE INSURANCE CO THE EMPIRE LIFE INSURANCE CO THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE SENIORS REVIEW TONG,SI -KI TOTTEN SIMS HUBICKI ASSOCIATES TRAVERS,SHAWN TREASURE HOUSE IMPORTS LTD TREVOR P GARWOOD -JONES ARCHITECT INC TROW ASSOCIATES INC TROW ASSOCIATES INC TURF CARE PRODUCTS CANADA LIMITED TYERS,SUSAN UAP INC #963 UNITED WAY UNITED WAY UNIVERSITY OF GUELPH UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER DIGGON LIMITED WRIGHT FUELS INC WSIB WSIB WSIB XCEED MORTGAGE CORPORATION XEROX CANADA LTD YANAVIRIYAJAN,PHRA YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YOUNG SOD FARMS LTD ZAMBONI COMPANY LTD ZIEGLER,COLLEEN Cheque No. Cheque Date Purpose 314508 16- Oct -2007 REMITTANCE INSURANCE 314710 23- Oct -2007 REMITTANCE INSURANCE 314434 09 -Oct -2007 CONCESSION SUPPLIES 314816 23- Oct -2007 CONCESSION SUPPLIES 314633 16- Oct -2007 OFFICE SUPPLIES 314417 09- Oct -2007 MATERIALS 314452 10- Oct -2007 COST SHARING 314593 16- Oct -2007 ADDITIONAL DEV CHARGES 314594 16- Oct -2007 DEVELOPMENT CHARGES 314595 16- Oct -2007 MATERIALS 314790 23- Oct -2007 CONTRACT SERVICES 314791 23- Oct -2007 WATER AND WASTE FLOW EFT WIRE 12- Oct -2007 TAX LEVY 314634 16 -Oct -2007 ADVERTISING 314817 23- Oct -2007 ADVERTISING 314797 23 -Oct -2007 ADVERTISING 314635 16- Oct -2007 SAFETY SHOES 314436 09- Oct -2007 CONTRACT SERVICES 314636 16- Oct -2007 REFUND 314438 09 -Oct -2007 MATERIALS 314637 16- Oct -2007 CONTRACT SERVICES 314638 16- Oct -2007 CONTRACT SERVICES 314818 23- Oct -2007 CONTRACT SERVICES 314819 23 -Oct -2007 MATERIALS 314639 16- Oct -2007 TRAVEL /MILEAGE 314640 16- Oct -2007 STORES /INVENTORY 314641 16- Oct -2007 ADMINISTRATIVE 314820 23- Oct -2007 PAYROLL REMITTANCE 314440 09 -Oct -2007 REMITTANCE- TRAINING 314642 16- Oct -2007 CONSULTING SERVICES 314441 09- Oct -2007 CONTRACT SERVICES 314643 16- Oct -2007 CONTRACT SERVICES 314821 23 -Oct -2007 CONTRACT SERVICES 314822 23- Oct -2007 CONTRACT SERVICES 314442 09- Oct -2007 MATERIALS 314443 09- Oct -2007 MATERIALS 314446 09- Oct -2007 CONTRACT SERVICES 314646 16- Oct -2007 CONTRACT SERVICES 314824 23 -Oct -2007 CONTRACT SERVICES 314445 09- Oct -2007 SHEET TOP ASPHALT 314644 16- Oct -2007 MATERIALS 314823 23- Oct -2007 MATERIALS 314645 16- Oct -2007 MATERIALS 314448 09- Oct -2007 FUEL 314648 16 -Oct -2007 REMITTANCE 314827 23- Oct -2007 ADMINISTRATIVE 314828 23- Oct -2007 ADMINISTRATIVE 314715 23- Oct -2007 REFUND 314649 16- Oct -2007 OFFICE SUPPLIES 314829 23- Oct -2007 REFUND 314449 09- Oct -2007 CONTRACT SERVICES 314830 23- Oct -2007 ADVERTISING 314450 09- Oct -2007 CONTRACT SERVICES 314451 09- Oct -2007 MATERIALS 314650 16- Oct -2007 PARTS 314831 23 -Oct -2007 REFUND Page 7 of 7 Amount 31,041.19 729.73 1,313.34 1,736.21 136.80 442.58 504,360.61 18,516.00 310,332.58 1,294.66 7,950.00 1,712,976.53 15,181,764.00 890.40 13,478.92 477.00 148.01 5,098.56 227.99 1,897.40 402.80 2,850.68 10,123.00 883.92 96.00 120.75 100.00 1,111.00 4,741.28 11,066.08 7,009.25 3,909.55 5,024.37 685,574.24 7,367.82 149.15 23.10 101.22 46.64 3,117.28 1,112.90 2,175.13 530.00 3,903.61 15,241.92 50,000.00 11,719.52 547.56 239.28 1,500.00 165.10 15.53 667.38 113.96 3,722.90 15.00 Total 22,333,143.66 Passed this twelfth day of November, 2007. First Reading: Second Reading: Third Reading: November 12, 2007. November 12, 2007. November 12, 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 12` day of November, 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 12 day of November, 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