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2008/02/11COUNCIL MEETING Monday, February 11, 2008 Order of Business and Agenda Package Niagararalls PRAYER: Councillor Diodati 0 CANADA: Colin Wilson will sing the National Anthem ADOPTION OF MINUTES: Council Minutes of January 28, 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Public Meeting AM- 34/2007, Zoning By -law Amendment Application 6972 Garner Road at McGarry Drive Part of 6958 Garner Road Owner: Joseph Phyllis Futino and Evergreen Estates Development Limited Agent: Rocco Vacca, Sullivan Mahoney LLP Proposed Single- Detached Residential Lots Background Material: Recommendation Report: PD- 2008 -16 COUNCIL MEETING February 11, 2008 PLANNING MATTERS Public Meeting AM- 33/2007, Zoning By -law Amendment Application South Side of Marineland Parkway, Opposite McLeod Road Applicant: Salmona Tregunno Inc. Two 6- Storey Apartment Buildings with a Total of 150 Dwelling Units Background Material: Recommendation Report: PD- 2008 -03 -AND- Correspondence from Joseph Cuviello, Pinecove Developments Ltd. Public Meeting Proposed Changes to the City's Official Plan under Bill 51 Official Plan Amendment No. 76 Background Material: Recommendation Report: PD- 2008 -13 Public Meeting Proposed Changes to the City's Official Plan and Zoning By -law to Implement the Historic Drummondville Community Improvement Plan Official Plan Amendment No. 79 Background Material: Recommendation Report: PD- 2008 -06 -2 Public Meeting AM- 30/2004, Official Plan Amendment Application Proposed Urban Area Expansion East of Kalar Rd., West of Montrose Rd., South of Mountain Rd. and North of Hydro Lands Applicant: Northwest Community Landowners Group Background Material: Recommendation Report: PD- 2008 -14 -And Correspondence from the Ministry of Transportation Correspondence from Mario DiFilippo MAYOR'S REPORTS, ANNOUNCEMENTS 3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Heritage Week requesting that February 18 -24, 2008 be proclaimed as "Heritage Week" in the City of Niagara Falls. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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- 2008 -02 Acting/ Deputy Mayor F- 2008 -08 Municipal Accounts L- 2008 -07 Clarke proposed purchase from the City, City -owned land abutting 2703 Detenbeck Road MW- 2008 -10 Consulting Services Agreement for Clifton Hill Streetscape and Sidewalk Rehabilitation PD- 2008 -11 Matters Arising from Municipal Heritage Committee TS- 2008 -12 Response to Toys for Tickets" Campaign 2008 -19 2008 -20 2008 -21 2008 -24 4- RESOLUTIONS 1 THEREFORE be it resolved that the Province consider increasing fines for failure to yield to crossing guards to possibly as much as $500 to act as a true deterrent and preserve the safety of our school children and crossing guards. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to authorize the execution of an Agreement of Purchase and Sale with John Belli respecting the purchase of lands described as part of Lot 179, Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule "B" in the attached Agreement of Purchase and Sale. A by -law to authorize the execution of a Subdivision Agreement with 1473944 Ontario Limited respecting Edgewood Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. A by -law to amend By -law No. 79 -200, to permit the development of single detached dwellings on land at the northeast corner of Garner Road and McGarry Drive. AM- 34/2007 2008 -22 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 79) 2008 -23 A by -law to amend By -law No. 79 -200, to add art galleries and museums as permitted uses within the General Commercial Zone and to rezone certain lands to Open Space. A by -law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation "OIPC for funding from the municipal infrastructure investment initiative for a new eligible capital project of the Corporation of the City of Niagara Falls, and to approve the expenditure of funds on said eligible capital project, Drummond Road Reconstruction Lundy's Lane to McLeod Rd. 2008 -25 A by -law to temporarily amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Heavy Vehicles) 2008 -26 2008 -27 2008 -28 -5 The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. A by -law to authorize the payment of $11,513,842.10 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of February, 2008. NEW BUSINESS 1 1 /2 8) Teresa Fab. ro Fwd national anthem aae From: To: Date: Subject: Attachments: Dean Iorfida Teresa Fabbro 1/22/2008 11:25 AM Fwd: national anthem Eilis Colin Put in respective files for upcoming Council meetings. "Laurie" <tanez©cogeco.ca> 1/21/2008 10:10 PM Hi Dean: Please see below the biographies for Colin Wilson (who will sing the national anthem on Feb 11) and Ellis Wilson (who will sing on Feb 25). Laurie Colin Wilson: Colin is a 13 year old, Grade 8 student at St. Gabriel Lalemant School in Niagara Falls. He enjoys all aspects of music, especially singing and he is learning the guitar. Colin is looking forward to being involved in many aspects of the music department when he attends St. Paul high school next year. February 11, 2008 PD- 2007 -16 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara ails CANADA Re: PD- 2008 -16 AM- 34/2007, Zoning By -law Amendment Application 6972 Garner Road McGarry Drive Part of 6958 Garner Road Owner: Joseph Phyllis Futino and Evergreen Estates Development Limited Agent: Rocco Vacca (Sullivan Mahoney LLP) Proposed Single- Detached Residential Lots RECOMMENDATION: That Council approve the Zoning By -law amendment application and pass the by -law included in tonight's agenda to change the zoning of the subject land to a site specific R1 E zone to permit the development of three Tots for single- detached dwellings with an increased building setback from Garner Road. BACKGROUND: Proposal The amendment is requested for vacant land located at the northeast corner of Garner Road and McGarry Drive as shown on Schedule 1. A total of three lots are proposed on the property one lot with an area of 505.8 square metres (5,445 square feet) and two Tots each with an area of 370.5 square metres (3,988 square feet). Schedule 2 illustrates the configuration of the proposed single- detached Tots (Parts 1 6, Parts 2 5 and Parts 3 4). The subject land is currently zoned Development Holding (DH), in part, and Residential Single Family 1C Density (R1 C -687), in part. The applicant has requested the zoning be changed to the Residential Single Family 1 E Density (R1 E) zone with a special provision for an increased dwelling setback from Garner Road for the corner lot. Surrounding Land Uses There are single detached dwellings to the east and north within new subdivisions as well as further north and to the south on the east side of Garner Road. The Urban Area Boundary is located along Garner Road. There is a dwelling directly west of this site and rural /agricultural land on thtde of Garner Road. 0 Queen Street, P.Q. Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development February 11, 2008 2 PD- 2008 -16 Circulation Comments Information on the requested zoning by -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: City Divisions No objections. Regional Planning No objection. The development conforms to the general land use objectives of the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the amendment is summarized as follows: 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the subject land Residential which permits a variety of compatible housing types. The large corner property previously contained an older home that was recently demolished. There is a vacant subdivision lot abutting to the north and single- detached dwellings existing to the east and south. Driveway access for all of the lots will be from McGarry Drive which will promote a streetscape similar in appearance to the surrounding new development. The proposal would provide a compatible housing form in the neighbourhood and represents an efficient use of urban residential land. 2. The requested Zoning By -law amendment is appropriate. The City's Committee of Adjustment approved related severance applications (B20 /2007 /NF, B30 /2007 /NF B31 /2007 /NF) to permit the southerly 1.53 metres (5 feet) of the vacant 6958 Garner Road lot to be added to the corner property and then create the three proposed lots. A condition of approval for these files is to zone the land to a site specific R1 E zone category with an increased dwelling setback from Garner Road. The existing DH zone is an interim category pending specific development applications. The R1 E zone is the same zoning as the new residential lots on McGarry Drive and the proposed lot sizes comply with the minimum zone requirements. An increased exterior side yard width of 7 metres (23 feet) is recommended from Garner Road to provide a gradual transition to the homes to the north that have very large front yard depths. This same increased setback is also recommended for accessory buildings /structures to avoid projections beyond the sidewall of the dwelling. Sketches submitted through the earlier severance review demonstrated that future house designs can be accommodated on the lots while maintaining the required 7.5 metre (24.6 foot) rear yard depth for an amenity area. All issues related to the development of the Tots (i.e. lot grading, daylighting triangle, 1 -foot reserve, cash -in -lieu of parkland dedication, street trees) will be satisfied through the conditions of approval for the severance applications. February 11, 2008 3 PD- 2008 -16 CONCLUSION: Approval of the requested amendment would satisfy a condition of the related severance applications. The proposal complies with the Official Plan and is supported by staff. The R1 E zone is the same as the adjacent Tots on McGarry Drive. The implementing zoning by -law is included in tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. A ti,,,J„ a Alex Herlovitch, Director of Planning Development Ed DujI vic, cutive Director of Community Services Joh !7: onald, Chief Administra ve Officer S: \PDR\2008 \PD- 2008 -16, AM- 34 -07, 6972 Garner McGarry Pt 6958 Garner, Futino Evergreen.wpd Subject Land SCHEDULE 1 LOCATION MAP K:1GIS_ Requests\ 2007\ Schedules \ZoningAM\AM- 34\inapping.map Amending Zoning By -law No. 79 -200 Location: Garner Road/McGarry Drive (Northeast Corner) Parts 1 to 6 (inclusive) and Parts 8 to 10 (inclusive), 59R -13509 Applicant: Joseph Phyllis Futino Evergreen Estates Development Limited N s 1:NTS AM- 34/2007 January 2008 W 0 E h N E M E 117 E c4 U�O E E 0 1!) W Z 0 0 O MY Z w o v im 0= ONN w W v y Q'Q ti6'L l (troll -+9219 'NYd 5££ -1 'LZ >1001 r oi 4 Y If Waelgg 111tfn iii§ it 0 h Z S W 8_olE ab Cr CI izr) c0 0 1--- O w o CL N O V) Z 0 cc g 0 a E— Q CD N (st07 40610101 14331t139 30'00771 MVO o 6.i (l Iol v.477V007 Z sr) I d u C o 1— 1 6 c 0 0) Z 0 Q Z Z d Q 0- f 3 .n n O 0 OZ9Z6 86g Ltlt-i9t'9 1 ldVd SCHEDULE 2 U C) J m tt6'Lt (well Id) KOI,IZ.ZO 991'0 CSY3i td cd •d) MLOt.tZ o w U W J a.2 a 0 'cr4i z 1— 1 o IQ1 y a IY_ 1 V.D 0 i 1 �z Q N I'1 v N 4 w 11-1 i 1 1 f (Id) M,0£,LI.IN @Y li6' Ll(sr3.1 I M,O£,Ll 59l 59t'9t .ZN '£E (son +4) M,Ot,t2:,LN o cg eV 107 1 O 61 1 1137 OO Alf m 11109£Z ON 1S1.11 I SY r 1 ,03d It -£OOt 'oN *Y1-A0 A8 S 1 AYMHOIH wand SY 031YO103O I )P 91Z90-.1.1 A8 O3HIfOOY (11)9850 -19Zi9 'wrd L9L6 t t -a6s NY1d 1bddJ (1/4/20081 Rick Wilson Zoning Amendment a w Pa e 3 From: "Colosimo, Peter" peter. colosimo @regional.niagara.on.ca> To: <rwilson @niagarafalls.ca> Date: 1/3/2008 9:39 AM Subject: Zoning Amendment Rick: Re: Zoning By -law Amendment Application Northeast Corner of Garner Road and McGarry Drive Joseph Phyllis Futino and Evergreen Estates Development Ltd. City of Niagara Falls The proposed zoning amendment will facilitate an infill development for three single detached dwellings which conforms to the general land use objectives of the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. In this regard Regional Planning staff has no concerns with this application from a Provincial or Regional planning perspective. However, there may be local issues that need to be addressed to the satisfaction of the City. Peter Colosimo, MCIP, RPP Senior Planner Regional Niagara Planning Development Department 2201 St David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E -Mail: peter. colosimo @regional.niagara.on.ca <mailto: peter.colosimo @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. February 11, 2008 PD- 2008 -03 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag ara alls CANADA Re: PD- 2008 -03 AM- 33/2007, Zoning By -law Amendment Application South Side of Marineland Parkway, Opposite McLeod Road Applicant: Salmona Tregunno Inc. Two 6- Storey Apartment Buildings with a Total of 150 Dwelling Units That Council approve the application to amend the Zoning By -law to permit the development of two 6- storey apartment buildings, with a total of 150 dwelling units. a-. i(esiden- be Zoctudiect it the Si e pLLn press a n d CvuciI be iir\C n J o a cik too u_rhpca BACKGROUND: coAe Salmona Tregunno Inc. has requested an amendment to Zoning By -law No. 79 -200 for a 1.5 hectare (3.7 acre) parcel of land on the south side of Marineland Parkway, opposite McLeod Road, as shown on Schedule 1. The applicant is proposing to develop two 6- storey apartment buildings, with a total of 150 dwelling units on the land, as shown on Schedule 2. The land is designated Tourist Commercial by the Official Plan and is zoned Tourist Commercial (TC) by Zoning By -law No. 79 -200. The applicant is requesting the land be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to permit the apartment buildings with an underground parking garage that extends into the front and side yards. Surrounding Land Uses Council recently rezoned the abutting land to the east for a 4- storey apartment building and an 8- storey apartment building. Lands immediately to the west are vacant and zoned for tourist commercial purposes and a nursing home use. Lands to the south and southwest are developed with semi detached and single detached dwellings. Lands to the north are a mix of vacant and developed lands, and includes single detached and small scale multiple unit buildings. 4310 Queen Street, P.O. Box 1023, Niagara Fails, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development February 11, 2008 2 PD- 2008 -03 Circulation Comments Regional Municipality of Niagara The Regional Planning and Development Department is not opposed to this application from a Provincial or Regional planning perspective provided that requirements of the Regional Public Works Department (to be sent in the near future under separate cover) are addressed. Building Services All required Building Permits to be obtained prior to commencement of construction. Municipal Works No objections. Legal Services No objections. Planning Analysis 1. The proposed development is consistent with Provincial policy initiatives. Recent changes to the Planning Act require City planning decisions to comply with Provincial policy documents. The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries. Intensification of a type and scale appropriate for the neighbourhood is encouraged within the urban area. The proposal is in keeping with the above noted intensification goals. 2. The proposal conforms with the Official Plan policies for surplus Tourist Commercial lands. The Official Plan designates the land as Tourist Commercial within the Fallsview Subdistrict. As such, the land is currently allowed to be developed for a variety of uses including hotels, motels, restaurants and attractions to a height of 4 storeys. According to the Tourist Commercial policies, excess tourist commercial lands may be considered for residential development. However, residential development would have to be designed in accordance with the Residential policies and be compatible with surrounding residential and commercial uses. The surrounding lands are in transition from tourist commercial to residential uses. An example of this is the apartment project Council recently approved for the land to the east. Further, although a Tourist Commercial designation remains on the February 11, 2008 3 PD- 2008 -03 land to the west, the zoning of this land also permits a nursing home. Lands to the north and the south of the subject land are long standing residential neighbourhoods. As the area does not appear to be necessary for tourist commercial purposes, it is appropriate to develop the subject land for residential purposes. Developing the and for apartments would assist in providing a greater mix and variety of housing in the City and would support the minor commercial node to the east. 3. The requested amendment conforms with the Residential policies of the Official Plan. The 6- storey project is proposed to be developed at a density of 100 units per hectare. This conforms with the Residential policies which allows apartments 4 to 6 storeys in height and a density of 100 units per hectare to be located at the periphery of residential neighbourhoods with convenient access to arterial roads and public transit, to minimize traffic on local roads, and to be in close proximity to minor commercial districts. The subject site is close to a wide range of services and amenities, within walking distance of a minor commercial district, close to schools and parks, and has convenient access to two transit routes. The Official Plan directs that new residential development be designed to be compatible with surrounding uses in terms of density, height gradation, building mass, and setbacks. To mitigate impacts on the low density residential dwellings to the south the applicant is proposing a minimum rear yard setback of 45 metres (150 feet). This setback is 4 %2 times larger than the minimum setback of 10 metres (32.8 feet) required by the requested R5C zone for buildings of this height. Further, as the current TC zone permits a 4- storey, 12 metre (40 foot) tall building as close as 3 metres (9.8 feet) to the abutting residential properties, the proposed setback represents a significant increase in building separation from adjacent dwellings over existing development rights. The proposed setback compensates for the additional 2 storeys. The provision of underground parking together with the larger setback allows the provision of extensive landscaping and buffering between the buildings and the adjacent properties. 4. The requested zoning is appropriate. The current TC zone would permit a wide range of intensive commercial uses to be developed on the property next to the residences to the south. The proposed apartment project and requested site specific R5C zone will significantly reduce impacts on the adjacent properties as compared to the impacts that could be experienced from development allowed by the existing zoning. Staff recommend the amending by -law secure the proposed rear yard building setback of 45 metres (150 feet) and the proposed landscaping as shown on Schedule 2. In addition, the requested reduction in the side yard setback from 9.5 metres (31 feet) to 5.8 metres (19 feet) to accommodate an underground parking garage is recommended as the parking structure will generally not be visible. February 11, 2008 4 PD- 2008 -03 CONCLUSION: The requested Zoning By -law amendment, to allow the development of two 6- storey apartment buildings with a total of 150 units, can be supported for the following reasons: It is consistent with Provincial policy initiatives with respect to the intensification of urban lands. It conforms with the City's Official Plan with respect to using surplus tourist commercial lands for appropriately scaled and located residential projects. The proposed buildings will be compatible with adjacent dwellings in terms of density, height gradation, building mass and setbacks. Recommended by: Approved by: Respectfully submitted: A. Bryce: mb Attach. atAity Alex Herlovitch, Director of Planning Development Ed Dujlovic S:1PDR120081PD- 2008 -03, AM- 33 -07, SS Marineland Salmona Tregunno.wpd ecutive Director of Community services 1/1 Joh acDonald, Chief Administrative Officer Subject Land o. Location: Marineland Parkway Applicant: Napev Construction Limited K: \GIS Requests\ 200'7\ ScheduleszZoningAMUM- 33\mapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 I :NTS AM- 33/2007 January 2008 t SUBJECT SI k 1�,� M MM+ ODp cv r WET I. 0 r tD REG' D� VACANT LAND E===i PART 5 PLAN 59R -5702 T _T•rteste N tf) co W T p t&T,U4 Schedule 2 APPROXIMATE LOCATION OF APPROXIMATE CATION OF OVERHEADBELL TELEPHONE WIRES OVERHEAD BELL LO TEIFPHONE APPROXIMATE LOCATION OR BURIED NATURAL GAS (ORIGINAL ROAD ALLOWANCE BETWEEN LOTS 173 176) McLEOD 1 I LT 1 Lc 4 LQT smo LOT 1 1 5 a LOT 2 flip i 1 fir" D IAL46 LOT 7 1 F4IPT; M 2EG'D 111 F�LTV i s/ a I I AO. 59M— 2.111i3 210-2132) N8T2100 00131A k 1 o 88 OF ASP0k EOM OF ASDUUT csr 5 A W401 30.480 se 68.58Dw NI6u rid /CANT L mann PART ?M. c 6083 Andrea Drive, Niagara Falls, Ont. L2H 2Z8 February 5 2008 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. Andrew Bryce, Planner 2 Planning Development Dear Sir: We look forward to hearing from you. Yours very truly, PINECOVE DEVELOPMENT L� 1 TED JOSEPH CUVIELLO JC:ic Pinecove Developments LIMITED RECEIVED FEB 5 2008 PLANNING DEVELOPMENT Re: South side of Marineland Parkway Zoning By -Law Amendment Application City File: AM- 33/2007 Napev Construction Limited Tel. (905) 356 -8686 Fax (905) 356 -8731 Plartni::r.i. AH We are writing to you as owners of the property located at the corner of McLeod Road and Alex Avenue as outlined in red on the attached map. We received the Revised Notice of Application and Public Meeting and we have no objection to the zoning amendment of the subject lands noted on the attached map so long as the zoning of our property remains in tact as tourist commercial. Would you kindly assure us in writing of this fact. February 11, 2008 PD- 2008 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -13 City Initiated Changes to the Official Plan to Implement Changes Under Bill 51 RECOMMENDATION: Niagara alts CANADA 1 That Council direct staff to finalize an amendment to the Official Plan containing changes pursuant to Bill 51 to be brought back for adoption at a future date and that the amendment be forwarded to the Region for approval. 2. That subsequent to the adoption of the Official Plan amendment Council approve the pre consultation by -law to require pre consultation with staff prior to the submission of certain applications under the Planning Act. BACKGROUND: The Planning and Conservation Land Statute Law Amendment (Bill 51) introduced changes to the Ontario Planning Act to improve the planning process and reform the Ontario Municipal Board. New regulations under the Bill were introduced in 2007. The Bill modified the notification process and refined the information requirements for planning applications; provided new municipal planning tools and gave further supportto sustainable development, intensification and brownfield redevelopment. This report discusses the proposed updates of the Official Plan to bring it into compliance with Bill 51 and the optional changes available to the City. The Planning and Conservation Land Statute Law Amendment (Bill 51) There are three broad categories that can be used to describe the changes resulting from Bill 51: Required Changes New legislation that came into effect immediately with Bill 51 and required changes to the City's current planning practices such as: revised notification of applications; and the requirement for ll decisions to be consistent with the Planning Act and in conformity with Pry #Plans (such as the Growth Plan). Niagara Falis, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development February 11, 2008 2 PD- 2008 -13 Optional Changes New processes and powers are available, through Council approval, of an official plan amendment that would require: certain information as part of a complete application, specific design elements through site plan control, and pre consultation on planning applications and to allow conditional zoning. Ontario Municipal Board (OMB) Changes A new process for appeals to the OMB have been established, which state that new evidence or new witnesses cannot be added to an OMB hearing without giving Council an opportunity to review the new evidence and reconsider their decision. Effect of the Proposed Amendment The proposed Amendment would include policy updates and wording changes to reflect the changes required under Bill 51. These changes generally deal with conformity with the Planning Act, Provincial Policy Statements, or other Provincial Plan and are outlined below. Changes to the OMB reflect hearing procedure and does not require amendments to the City's Official Plan. Official Plan Updates Zoning by -law Updates Site Plan Control Subdivision Municipalities are required to update the Official Plan every 5 years to ensure consistency with legislation and to review /update policies regarding areas of employment. Policy 2.1 under Part 4, Section 2 Official Plan Review and Amendments to be updated. Municipalities must update their zoning by -laws within 3 years of an update to the Official Plan (above) to ensure consistency with legislation. Policy 4.1.1 under Part 4, Section 4 Zoning By -laws to be updated. Site Plans are required to show sustainable design elements on road right -of -ways (transit, bike lanes, landscaping) and to design facilities to have regard for accessibility for persons with disabilities. Policy 10.2 under Part 4, Section 10 Site Plan Control to be updated. Regard is to be had for sustainability though new subdivision approval criteria (energy efficiency, promote more transit and pedestrian friendly design). Policy 1.4.8.1 under Part 3, Section 1 Municipal Infrastructure to be updated. Community Improvement Plans CIPs can include support for the improvement of energy efficiency; public notice is required for adoption of CIPs and clarification is provided to include affordable housing within the definition of community improvement under a CIP. Policy 11.5 under Part 4, Section 11 Community Improvement to be updated to support energy efficiency. Areas of Areas of Employment has been defined and policies are to Employment protect lands for long -term employment purposes. Policy 2.6.10 under Part 4, Section 2 Official Plan Review and Amendments to be updated to refer include study of areas of employment as part of the required 5 year review. New definitions of `Comprehensive Review' and `Areas of Employment' to be added (Based on the definition provided in the Provincial Plans) Provincial The City must have regard to sustainable, transit supportive Interest and pedestrian- oriented development. Policy 2.3 under Part 4, Section 3 Official Plan Review and Amendments to be updated. February 11, 2008 Optional Changes Complete Application 3 PD- 2008 -13 The optional processes and powers made available to the City through Bill 51 require new policies, and in some cases, new sections to the Official Plan. Amendment No. 76 would not propose a change for every one of these options as some will require further in -depth study or are awaiting Provincial regulations. The optional changes are discussed below. the Official Plan can require certain materials or information as part of an application for an Official Plan or zoning by -law amendment, plan of subdivision or consent. The submissions of required studies and information as part of a complete application gives Staff and Council a comprehensive base from which to make recommendations and decisions The Official Plan currently prescribes various studies (needs, transportation, market, environmental, etc.) to be submitted within different sections of the Official Plan. Policy changes will incorporate these studies into one section. New policies are to be added to list the information /materials required for a complete application. (Part 4, Section 14- General Implementation Policies) February 11, 2008 4 PD- 2008 -13 Pre consultation Site Plan Control Subdivision Typically most owners /developers consult with the City to exchange information. Pre consultation between applicants and the City may be required as part of a complete application for an Official Plan or zoning amendment, plan of subdivision, site plan or consent (applications are not circulated until deemed complete). Pre consultation must be listed in the Official Plan as a requirement for a complete application and adopted by By -law. Through this change, applicants will be advised by Staff early in the process of what is required as part of the application and the costs of the work involved resulting in a better quality proposal resulting in fewer delays at the review and decision making stages. A policy to be added to require pre- consultation as part of a complete application (Part 4, Section 14 General Implementation Policies) The exterior design of buildings and sustainable elements (landscaping, bicycle paths, benches, etc.) can be controlled through the site plan process. Matters relating to exterior design include: character, scale, appearance and design features of buildings and do not include interior design and layout or manner and standards of construction. The Site Plan Control Area By -law 2001 -103 must be revised to add these provisions through an update in the future. Policy 10.2 under Part 4, Section 10 Site Plan Control is to be updated. Council may impose conditions in a plan of subdivision to promote more transit and pedestrians friendly designs such as the dedication of pedestrian or bicycle pathways or public transit rights of way where appropriate. The policy would also refer to any design guidelines that the City may have in place such as the Trails and Bikeways Master Plan or the Transit Strategic Plan currently being prepared. Policy 1.4.8.1 under Part 3, Section 1 Municipal Infrastructure is to be updated. Minor Variance The Committee of Adjustment can require owners to enter into agreements with the City as a condition of variance approval and these agreements can be registered against the land. Conditions have been placed on minor variance decisions in the past however enforcement of the condition is difficult once the appeal period has lapsed. The registered agreement would ensure that the conditions will be met, even in those situations where additional time, beyond the appeal period, is needed to meet those conditions (e.g. landscaping) and will apply to subsequent owners. Policy 9.3 under 4, Section 9 Minor Variance and Other Related Approvals is to be updated. Zoning with Municipalities may soon be able to impose certain conditions Conditions prescribed by the Province through zoning amendments where OP policies exist. The City can require a registered agreement relating to a condition. Condition zoning will be a useful tool beyond site plan control for the City. However, it cannot be utilized until the Province has issued its regulations. Possible conditions may deal with such issues as noise attenuation, provision of water, road widening, intersection improvements, or the protection of cultural or natural heritage. Adoption of a policy now will place the City in good stead to implement conditional zoning once Provincial regulations are in place. A new Section 4.6 is to be added under Part 4, Section 4 Zoning By -law to allow Conditional Zoning so that it can be available for use once regulations have been issued. Conservation Conservation agreements may be used by the City to Agreements protect water quality and quantity, wildlife and watersheds. Council has applied these agreements in the past through residential (e.g. Miller Road Estates) and industrial (Niagara Falls Business Park) plans of subdivision. A new policy is proposed under Part 3, Section 3 Conservation Strategy. February 11, 2008 5 PD- 2008 -13 New Definitions New definitions are proposed for "comprehensive review "dwelling unit" or "residential unit "area of employment and "sustainable" for clarification of the new policies. The definitions are in line with the definitions contained in the Planning Act and Provincial Policy Statements. Appendix A is to be modified to add these definitions. Minimum It is clarified that minimum and maximum density and height Maximum provisions may be contained within a zoning by -law. heights Minimum density provisions would assist in achieving the density density targets outlined in the Growth Plan. Changes are to be made to the Zoning By -law once our Growth Strategy has been completed. February 11, 2008 Other Changes 6 PD- 2008 -13 Future Changes Bill 51 institutes changes in the Planning Act that support implementation of the Growth Plan. Municipalities have been given 3 (three) years from June 2006 to update their Official Plans to comply with the growth management policies of the Growth Plan which the City has initiated through its Growth Strategy Study. The results of the Growth Strategy will be used to update the Official Plan policies regarding: areas of employment (supply, location and the protection of employment areas for future employment needs); and intensification (creating minimum densities or building heights, redevelopment of brownfields and greyfields, allowing two residential units within a single detached, semi detached, or townhouse in suitable locations). Other Options Available to the City but not Recommended at this Time A Local Appeal Body to deal with appeals to decisions made by the Committee of Adjustment. Based on significant costs to the Municipality, this option is not being recommended at this time. Development Permits the creation of this system will require research and setup with other departments. Reductions in cash -in -lieu payments for parklands will require further study with regards to the City's needs, our natural areas and financial implications. It is recommended that this issue be reviewed as part of our next comprehensive official plan review. The City passed By -law 2006 -125 to delegate the authority to regulate the destruction or injury of woodlands, on private lands, greater than 0.2 hectares to the Niagara Region under their Tree and Forest Conservation By -law. A new policy under the Conservation Strategy Section of the Official Plan is proposed to recognize the protection of woodlands through this by -law as a matter of housekeeping. February 11, 2008 7 PD- 2008 -13 Public Consultation A Public Open House was held on January 23, 2007 to receive input and comments on the proposed amendment. The meeting was attended by several members of the public and no written or verbal opposition to the amendment was received. CONCLUSION: The Province enacted Bill 51 to create a more transparent planning process and to provide additional tools and flexibility to local municipalities. The changes proposed to the Official Plan would bring the Official Plan up to date with the required changes under Bill 51 and adds those tools that will improve the planning function in the City of Niagara Falls. Further amendments dealing with intensification and the protection of employment lands will follow with the completion of the City's Growth Strategy. Recommended by: Approved by: Respectfully submitted: F.Berardi:mb Attach. S:\PDR12008 \PD- 2008 -13, OPA 76.wpd Alex Herlovitch, irector of Planning Development c N Ed Du' ic, E i cutive Director of Community Services MacDonald, Chief Administrative Officer February 11, 2008 PD- 2008 -06 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -06 Proposed Changes to the City's Official Plan and Zoning By -law to Implement the Historic Drummondville Community Improvement Plan Official Plan Amendment No. 79 RECOMMENDATION: 1. That Council adopt Official Plan Amendment No. 79 containing changes pursuant to the Historic Drummondville Community Improvement Plan as discussed in this report and that the amendment be forwarded to the Region for approval. 2. That Council approve the Zoning By -law amendment to implement the Historic Drummondville Community Improvement Plan as discussed in this report. BACKGROUND: Planning Analysis Official Plan Amendment Niag ara alts CANADA In December 2006 the City adopted a Community Improvement Plan (CIP) for the Historic Drummondville Area which provided a framework to guide public sector investment and revitalization. The Implementation Actions listed in the CIP included specific changes to the Official Plan and Zoning By -law. The CIP recommends changes to the Official Plan that identify the Historic Drummondville Area as a district to the traveller, that will attract local and tourist use of Main Street and that recognize the historical importance of the Battlefield Area. Specifically, the implementing actions contained in the CIP are to: add gateway and landscape entry point features along Ferry Street and Main Street for future streetscape improvements that will Zink the area to the Fallsview and Clifton Hill Tourist Areas thus adding traffic along Main St. to help struggling retail, add eyes on the street for safety, and recreate the historic prominence of Main Street. These chang s a r e supported by Staff and the BIA. Figure 1 in Part 2, Section 4 Touris °r ercial Policies of the Official Plan is to be updated; 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 Community Services Department Planning Development February 11, 2008 2 PD- 2008 -06 identify a portion of Main Street and an extended area of Lundy's Lane as Retail Street to encourage commercial revitalization. The intent is to create a revitalized pedestrian and vehicular environment that will result in a unique sense of place that will attract local residents and travelers. Figure 2 in Part 2, Section 4 Tourist Commercial Policies of the Official Plan is to be updated; amend the Minor Commercial policies as they pertain to the Historic Drummondville Area to provide a description of the intended commercial role to accommodate niche and heritage related retail and the built form of the area; and redesignate City owned lands associated with the Battle Ground Hotel Museum and Coronation Park to "Open Space The Drummond Hill Cemetery was redesignated "Open Space" through a previous amendment to the Official Plan. The northerly portion of Battlefield Public School was also included in the action to redesignate to Open Space but is not proposed at this time so the City can hold discussions with the District School Board of Niagara. This change is a further step in elevating the Lundy's Lane Battlefield area and allow for the future development in accordance with the City's Battlefield Master Plan. The CIP also recommends an update to Appendix V Community Improvement Areas of the Official Plan to reflect the boundaries of the Historic Drummondville Area. This will maintain consistency with the other changes being implemented. Zoning By -law Amendment The Implementation Actions of the CIP affecting the City's Zoning By -law involve the addition and definition of `museum' and `art gallery' uses within the General Commercial (GC) Zone. These changes would clarify that these uses may be established to reflect the historical significance of the area and provide the opportunity to establish niche retail through an art gallery district in the community. In order to stimulate regeneration the parking requirements for a museum or art gallery use should be subject to the same parking exemption that uses such as a bake shop, bank, clinic, day nursery, library, and photographer's studio among others, have within the Main and Ferry Street area. The addition of a museum and art gallery use to this list of exemptions under Section 19.1.74 of Zoning By -law No. 79 -200 is recommended. The rezoning of the lands associated with the Battle Ground Hotel Museum, Drummond Hill Cemetery and Coronation Park to an "Open Space (OS) Zone" is proposed to properly protect and conserve key heritage features and to provide for linkages and interpretive facilities. These changes would better reflect the historical significance of the Lundy's Lane Battlefield site to promote it as a heritage and cultural site for both City residents and tourists in anticipation of bicentennial celebrations 2012 -2014. The changes proposed have been presented to stakeholders, the general public and Council through the preparation and adoption of the Community Improvement Plan. The amendments are consistent with the Provincial Policy Statements and the redevelopment direction of the Greater Golden Horseshoe Growth Plan. The proposed Official Plan and Zoning By -law amendments have been included in this evening's agenda. February 11, 2008 Minor Change from the Notice of Public Meeting The easterly portion of the Battle Ground Hotel Museum property that fronts onto Hanan Street was not identified within the CIP mapping as lands to be redesignated or rezoned. Similarly, two adjacent lots owned by the City at 6121 Lundy's Lane and 5811 Hanan Avenue, both contiguous to the Museum lands, were not identified. These lands are an extension to the Museum property and should also be changed to an Open Space designation and zoning through this amendment. The text of the Notice did identify that lands associated with the Museum would be considered for redesignation under the proposed amendments consequently a further notice of public meeting would not be required for the addition of these lands. These lands have been included within the draft amendments. CONCLUSION: The proposed Official Plan amendment and Zoning By -law amendment implement the vision of the adopted Historic Drummondville Area CIP to protect the lands associated with the historic battlefield and to stimulate redevelopment in the community. Recommended by: Approved by: Respectfully submitted: F.Berardi:mb S:1PDR120081PD- 2008 -06, OPA 79.wpd 3 PD- 2008 -06 Alex Herlovitch, Director of Planning Development Ed Dujlovic cutive Director of Communitv4ervices John Ma •nald, Chief Administrative Officer February 11, 2008 PD- 2008 -14 Members: RECOMMENDATION: BACKGROUND: Niag ara ails CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2008 -14 AM-30/2004, Application to Amend the Official Plan for a Proposed Urban Area Expansion East of Kalar Road, West of Montrose Road, South of Mountain Road and North of Hydro Lands Applicant: Northwest Community Landowners Group (Club Italia, Harvey Ho, Church of the Redeemer, Kamel Abou -Keer Farouk, Margaret Connolly, Niagara Sports Centre, et al) That Council request the Region to include the lands of the Northwest Community Landowners Group within the Region's Growth Management Study as a future growth area and involve the City in the process of the examination of the allocation of expansion areas. At its meeting of October 15, 2007 Council considered the Comprehensive Review of Residential and Employment Land Needs and Supply, prepared by urbanMetrics inc. for the City. Council approved the Comprehensive Review in principle with the exception of recommendations that dealt with the expansion of the urban area boundary. Further, Council amended the recommendations to require that: Proposal the pre- existing amendment application by the Northwest Community Land Group (NCLG) proceed to a public meeting," and Phase 2 of the Growth Management Official Plan Review recommend amendments to the Official Plan based on accommodating the City's growth needs to the year 2031 and that, in that context, the consultants evaluate the appropriateness of an urban boundary expansion in the northwest portion of the City The application to expand the urban area boundary to include 75 hectares of land located in the northwest quadrant of the City was submitted in 2004. A mixed -use residential and commercial development descr an "adult lifestyle" community is proposed within this expansion area. The $=cat was held in abeyance pending a needs study. In December 2006, the a s submitted a needs justification report prepared by Hemson Consulting. Community Services Department Planning Development n Street, P.O. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalis.ca Working Together to Serve Our Community February 11, 2008 2 PD- 2008 -14 Land Use The lands are located east of Kalar Road, west of Montrose Road, south of Mountain Road and north of the Hydro corridor. The whole of the proposed urban boundary expansion would be south west of the Mountain Road exit off of the QEW. A branch of Ten Mile Creek traverses the area and through wet wooded area which is situated centrally on the lands. Surrounding the lands are vineyards and agricultural lands to the north and west and the Mount Carmel residential subdivision, south of the Hydro Corridor. Circulation Comments Regional Planning Municipal Works The Region is currently undergoing a Growth Management Study as mandated by the Growth Plan in cooperation with each local municipality. The Study will sort out residential and employment land allocations as well as identify redevelopment and intensification targets throughout the Region. Alternative locations for development and the impacts of urban expansions need to be considered on a broader basis than the limits of an individual municipality's boundary. Regional Staff have noted that significant urban area expansions such as this application should most appropriately be considered within a Regional development context. It is expected that the results of the portion of the Growth Management Study dealing with future housing and employment growth and the allocations to each municipality may be released by May 2008. The City is advised to defer a final decision on this application until the results of the Study are released. A copy of the Region's comments is attached for information. The City's Works Department has noted that the preferred system chosen to address the current septic deficiencies on the subject lands did not consider the new development. Further studies would have to be undertaken by the applicants to ensure that there will be no negative impact on the existing system by the additional flows proposed. Ministry of Transportation (MTO) MTO has noted that all future development of the subject lands will require Ministry review and approval, included building /land -use permits. The applicants may also be required to submit a Traffic Impact Study indicating the existing and future projected traffic volumes and patterns as it impacts the QEW and Mountain Road Interchange. More detailed comments will be provided by MTO when a formal site plan is submitted. February 11, 2008 3 PD- 2008 -14 PLANNING ANALYSIS Planning Context The Provincial Growth Plan requires that a municipally initiated comprehensive review be completed for boundary expansions and for the conversion of employment lands to non employment uses. Boundary expansion reviews must show that: there is not sufficient urban land both City and Region wide to accommodate forecasted need; that the expansion would not result in greater than 20 years of supply; that the timing of the expansion will not adversely affect intensification inside the boundary; that infrastructure can be provided in a financially and environmentally sustainable manner; there are no alternative lower priority agricultural lands; and the City is moving towards a minimum of one full -time job per three residents. The City engaged urbanMetrics inc. to undertake a municipal Comprehensive Review of Residential and Employment Land Needs and Supply. It represents the first half of the City initiated review. Meridian Planning Inc. will complete the review by providing the potential for intensification of developed areas and a strategy to direct growth in the City. The Region has initiated a Regional Growth Management Study. Ultimately it is the Region's responsibility to determine urban boundaries and subsequent expansion(s). Forecasted Needs and 20 Year Supply The Comprehensive Reviews, prepared by urbanMetrics inc. and Hemson Consulting Ltd. agree that ultimately, an expansion to the urban boundary will be required to meet the residential needs of Niagara Falls but they differ in the time frame. The Hemson Report contends that the City does not have sufficient land supply under its current designations to meet the estimated long terms need based on the projected population of 103,000 by the year 2031. The potential conversion of industrial land to residential within the urban boundary is not included in their projections. In contrast, urbanMetrics' Comprehensive Review concludes that the City currently has a 10 year supply of residential and and that the conversion of the City's over supply of industrial lands along with the intensification and redevelopment of the urban area would meet the additional need for the medium to long term to the year 2024. This is still short of the 20 year time horizon to 2026 and the Growth Plan period to 2031. The City's Comprehensive Review recognizes that there may be a shortfall of land to accommodate sufficient units over the next 25 years which may necessitate an urban expansion, but suggests that the urban expansions wait until the results of the next February 11, 2008 4 PD- 2008 -14 comprehensive review are done or when the City falls short of the 10 year supply as mandated by the Provincial Policy Statements. Recently, the Region's consultant, Dillon Consulting, released Anticipating Niagara, Report 2 of the Growth Management Strategy. The report finds that the low growth scenario moderately underestimates future long term demand for housing in Niagara Region and significantly understates Niagara's short and long term population growth potential. Dillon examined a Medium Growth Scenario for Niagara Region of 545,000 people by 2031. Under this scenario there are significant implications for Niagara Falls. Applying the 21% historical share of Regional population, the City could reach 114,450 people by 2031 whereas the urbanMetrics projection had a high growth scenario of 109,818. All these factors, along with Meridian's review of intensification, need to be taken into account through the Region's Growth Management Strategy for the allocation of development within the City and the remainder of the Region. Most indicators point to an eventual shortfall of land; the issue seems to be timing. Effect on Intensification The City's consultants prefer the conversion of surplus industrial lands rather than an urban boundary expansion and believe that an expansion will have a negative effect on the intensification and redevelopment of the under- utilized areas existing in the City. The Hemson report does not speak to this issue. Statistics maintained by the Planning Division indicate sufficient pre -zoned and unbuilt rezoned properties to accommodate an estimated 4,624 housing units. The City must make every effort to promote development of these sites. The Province requires that 40% of new housing in the City be through infill projects and intensification by 2015. The City will be required to balance development approvals between intensification and greenfield development in order to meet this target. Further details of how and where the City can meet this target is forthcoming through Meridian's work for the City's Growth Study. Efficient Infrastructure The Hemson report contends that the proposed urban expansion should be supported on the basis that it will fix a poor urban edge; makes more efficient use of future servicing; and is in an accessible location. Although the servicing proposed for the northwest is based on relieving a health issue, it could potentially be expanded to supply services for new development in the area to achieve efficiencies. The northwest area also has access to established transportation infrastructure systems including connected arterial roadways and a QEW interchange. Other vacant areas within the urban area boundaries maybe dependant on the construction of new infrastructure such as new bridges, sewage pumping stations or road improvements which may necessitate new environmental assessments, significant expenditures and time. Nevertheless, the provision of new servicing needs to be balanced against the availability of land inside the urban area and the higher efficiency and cost savings through intensification of development using existing services and transit routes. February 11, 2008 5 PD- 2008 -14 Lower Priority Agricultural Land A study confirming that there are no reasonable lower quality agricultural lands that can accommodate an expansion has not been submitted by the Northwest Community Landowners Group as required by the Growth Plan. This is will be needed in the future when the Region is assessing future expansion areas across the area along with the amount of non -rural uses in this location and its location along the QEW. Nevertheless, the Region observes that, although the quality of the land appears to be good and portions have been actively farmed over the years, the history of urban development into the area combined with land fragmentation and altered land ownership patterns make it difficult to ensure the protection of this area for agricultural production over the long term. Pre existing Application The application by the Northwest Community Landowners Group to amend the City's Official Plan as well as the Regional Policy Plan was submitted prior to the Provincial approval of the Growth Plan. As such, the private application enjoys certain rights as a pre- existing application. The Region held a public meeting on the Regional application and the application has been circulated for comments although no recommendations or decisions have been made. As part of the circulation of AM- 30/2004 for this public meeting, the Region has forwarded this application to the Ministry of Municipal Affairs and Housing (MMAH) as part of the mandate to review applications for conformity with Provincial policy. No comments have been received to date from MMAH. CONCLUSION: Numerous unknown factors play a part in examining future urban expansions to accommodate growth through the different growth periods. The applicant, City's consultant and the Regional consultant all have variations within their estimates of future population growth and the land needed to accommodate the necessary housing units. It appears some urban expansion will be necessary; it is a matter of when and how to balance new growth, intensification and conversion goals. The subject application pre -dates approval of the Provincial Growth Plan. The long term use of the lands for agricultural use is at risk. For these reasons, the Region should consider this application and its lands through Dilion's examination of future urban expansion areas. Recommended by: Approved by: Respectfully submitted: F.Berardi:yb Attach. Alex Herlovitc ovic 11-(Ahy`OL Ed jl ecutive Director of Com unity Services Director of Planning Development MacDonald, Chief Administrative Officer S:1PDR120081PD- 2008 -14, Amend the Official Plan for a Proposed Urban Expansion.wpd Jan, L7. Luu L:i rlvi I(tU1 JIVHL rLHIVIVIIVU January 24, 2008 File: D.13.RE.am -196 Mr. Alex Herlovitch, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: PLANNING AND DEVELOPMENT Re: Proposed Expansion to the Niagara Falls Urban Area Boundary Northwest Quadrant Lands Mountain Road, Kalar Road, Montrose Road City of Niagara Falls IV U. L)L I r, L The Regional Municipality of Niagara 2201 St. David's Road, P.Q. Box 1042 Thorold, Ontario L2V 417 Telephone: 905- 984 -3630 Fax: 905-641-5208 E -mail: plain c©regional.niagara.on.ca In response to your request, 1 have prepared the following comments for your consideration. The northwest quadrant lands are the subject of a May 2004 application to amend the Regional Policy Plan (ROPA 196). The applicant at that time was Marmat Construction Limited. It is understood that the applicant has now been revised to Northwest Community Landowners Group. The property involves about 75ha (185 acres). Existing land uses include Club Italia, Church of the Redeemer, the Regency Hotel, the Shady Oaks Trailer Park and three existing residential uses. The applicant proposes a mixed -use residential and commercial "adult lifestyle" community. A total of about 1,400 residential dwelling units are proposed. This total includes about 1,150 single family, semi- detached and row house units. The remaining 250 dwellings are proposed to be apartment units. The sketch plan submitted with the application shows the Regency Motel site as a Tourist Commercial Use and the Shady Oaks property is identified as a proposed office commercial use. The Planning and Development Department circulated the materials submitted by the applicant to a number of agencies for comment. The agencies circulated include: The Regional Public Works Department. The' Regional Public Health Department. The Niagara Peninsula Conservation Authority. The Niagara Escarpment Commission. The Niagara Economic Development Corporation. Building Community. Building Lives. Jan J 1UUd 1. jrrM KtU1UNF\L rLANNUNU No, Lit/ r. 2 The Ministry of Municipal Affairs and Housing. To date, only the Regional Public Health Department and the Niagara Escarpment Commission have submitted comments. The Ministry of Municipal Affairs and Housing has indicated that they will not be able to provide comments to the Region on behalf of themselves and their member Ministries before January 28, 2008 which was the deadline given to all agencies. I have attached a copy of the comments received to date for your information. Planning Comments The proposed expansion area is located outside the Niagara Falls Urban Area in an area designated "Good General Agricultural Area" in the Regional Policy Plan. Policy 5.6 in the Regional Policy Plan sets out criteria for the review of proposed urban boundary expansions. They include: the need for the proposed uses and the benefits and costs to the local and Regional community. The need assessment should consider the amount of developable land within existing urban areas, the demand for the type of development proposed in relation to the demographic forecasts for the local municipality and the Region, and opportunities for accommodating development within the existing urban areas; the availability of suitable alternative locations within the municipality for proposals only serving local residents. For all other applications involving prime agricultural lands, the availability of suitable alternative locations also shall be considered; compliance with the objectives and policies of this Plan including preference foe poor quality agricultural lands for development, preservation of high quality agricultural land for agricultural uses, protection of natural resources, and support for physically separate urban communities; the location and effect of the new boundary on those lands and activities remaining outside the urban area; the availability and capability of servicing facilities; and the comments of local municipalities on the demonstrated need, the evaluation of local resources, and the opportunity for orderly, efficient and economic growth. The first two of the above criteria are of key importance in the consideration of this particular expansion, that is: the need for the proposed residential use and the availability of alternative locations elsewhere. The quality of the agricultural land in this area appears to be good and portions of the site have been actively formed over the years. However, the history of urban development into the area, including Club Italia, the Church of the Redeemer, the former Cupola Sports Park and the Regency Motel, combined with land fragmentation and altered land ownership patterns make it difficult to ensure the protection of this area for agricultural production over the long term. Jan, D. 1UUd L.idrivi Kn1UIVHL rLHIVIVl1VU NO, Liz/ r. 4 3 Ten Mile Creek drains the site east to west and is identified as a Type 2 Important Fish Habitat Stream. There is also a woodland area on the Club Italia property identified as an Environmental Conservation Area in the Region's Environmental Policies. Stormwater management, protection of fish habitat and protection of valuable woodland areas are important environmental issues but in this area are not considered in themselves to be determinative in resolving the fundamental issue of whether the urban area should be expanded to include this area. The Region has supported the extension of municipal services to this area to address health concerns and to serve the existing development. Kalar Road and Mountain Road represent clear and easily identifiable Urban Area boundaries. The existing Hydro corridor boundary, however, is equally clear and identifiable and has the added benefit of providing a more substantial buffer than a road. Need and the Availaility. of Alternative.Locatians A report prepared by Hemson Consulting Ltd. for the Northwest Community Landowners Group addressed the issue of need and questions of alternative development areas. To the consultants credit, they framed their report and their conclusions within the policy context of the "2005 Provincial Policy Statement" (PPS) and "The Growth Plan for the Greater Golden Horseshoe" (the Provincial Growth Plan). Hemson relied on the population and in employment distribution figures set out in Schedule 3 of the Provincial Growth Plan for the Region of Niagara. Based on the assumption that Niagara Falls would account for about 25% of overall Regional population growth, the total population for Niagara Falls was forecast to be 98,700 in 2026 and 103,300 in 2031. It was then estimated that about 11,000 housing units would be required to accommodate the future growth of the City of Niagara Falls between 2006 and 2031. Based on information provided by the City of Niagara Falls, Hemson indicated that there were about 8,500 residential units available in various stages of planning approval. The consultant concluded that there was insufficient land available to meet the forecast need and that the 1,400 units within the northwest quadrant would be required to address not only the projected deficiency in total demand, but the projected shortage of ground oriented housing units, The City of Niagara Falls referred the Hemson report to UrbanMetrics Inc. to be considered as part of the City's comprehensive review of residential and employment land needs. UrbanMetrics completed its report in October 2007 and submitted it to the City. The UrbanMetrics study generally agreed with the basic analysis in the Hemson report but had more serious disagreement with conclusions arising from the analysis. The UrbanMetrics study found nearly 10,000 residential units in its analysis of supply compared to about 8,500 in the Hemson study. UrbanMetrics did not accept the conclusion that the northwest quadrant was best area in which to accommodate residential development. Their Jan, 15. 100 2 :3dI11 KLUIUNAL 1'LANN1NU No. 2j2/ N, 4 study supported looking inside the urban areas to find residential need solutions before going outside. The report still found that supplies of land inside the urban area were not sufficient to meet the 25 year demand for residential development. The UrbanMetrics report, however, supported the conversion of industrial lands in the Warren Woods and Thundering Waters area to meet some of that demand. The study did not support expansions to the urban area to meet that demand. The study argued that growth outside the urban area boundary, in the near to medium term, may have damaging impacts on the take -up of more centrally located residential infill and redevelopment opportunities that exist within the urban area and as such would not represent good planning and would not be consistent with the provisions of the Provincial Growth Plan that emphasize infilling, intensification and the efficient use of existing built up lands. Accordingly, the study recommended that the northwest quadrant expansion should be deferred to the next municipal comprehensive review or alternatively, when the municipality is no longer able to support its 10 year housing supply requirement. Regional Niagara's Growth Prolectlons The most recent population estimates prepared for the Regional Planning and Development Department are similar in some respects to the figures used by both Hemson and Urban Metrics. The total number of estimated future households prepared by the Region are somewhat lower than those used by UrbanMetrics but not dramatically different. The major difference appears to be in the allocation of the overall Regional housing units to the City of Niagara Falls. The Region's figures assume that between 18 and 23 of the new housing units will be in Niagara Falls while the Hemson and UrbanMetric studies both appear to provide for about 25% of the total households in the City of Niagara Falls. It is believed that UrbanMetrics use of 25% may be based on a misinterpretation of historical distribution rates. Between 1966 and 2006 the percentage of total Regional housing completions that were in Niagara Falls was about 17% rather than the 23% calculated by UrbanMetrics. UrbanMetrics appeared to have relied on their calculation of historic household distribution to project future distributions. The differences are important since the Regional distribution scenarios of 18% and 23% would suggest that there are sufficient lands within the Niagara Falls urban area to meet future needs up to and beyond 2026. The UrbanMetrics figures lead to the conclusion that the demand cannot be met by the existing supply of residential land. The Region's most recent dwelling unit allocation figures for Niagara Falls provide for 6600 and 9170 new units between 2005 and 2026 and about 8,100 and 10,400 units between 2005 and 2031 based on the 18% and 23% scenarios. The Provincial Policy Statement and the Provincial Growth Plan The 1997 Provincial Policy Statement provides in Section 1.1.1(c) that urban areas will be expanded only where existing designated areas in the municipality do not have sufficient and to accommodate growth projected for the municipality. Land requirements are to be determined in accordance with the provisions in Section 1.1.2 of the 1997 Provincial Policy Statement which, among other criteria, limit the time horizon for projection to a maximum of 20 years. Section 1.1.1(e) indicates that where upper tier planning takes place, projections for municipalities will be co- ordinated and allocated by upper tier governments, in consultation with lower tier governments. 1UUti 1: idr1VI KLUIUNAL rLANNINU No. 132 P. 6 Conclusions Yours truly, 5 The 2005 Provincial Policy Statement, in Section 1.1.3.9, requires that the establishment of new settlement areas or expansions to existing settlement areas occur only at the time of a "comprehensive" review. Section 1.2.2 states that the upper tier municipalities, in consultation with lower tier municipalities shall be responsible for identifying and allocating housing and employment projections for lower tier municipalities and that these projections should be based on and reflect Provincial Plans. The Provincial Growth Plan for the Greater Golden Horseshoe which took effect on June 16, 2006 established population and employment allocations for municipalities within the Greater Golden Horseshoe including Niagara. The Plan restates the need for a comprehensive municipal review before any settlement area expansion can occur and sets out components of that comprehensive review in Section 2.2.8(2) of the Growth Plan. The Regional Municipality of Niagara, in cooperation with the local municipalities, is preparing a Growth Management Strategy in which future housing and employment growth will be identified and allocated to the local municipalities. The results of that study are not yet available but should be released as early as April or May of 2008. Hemson Consulting has prepared a needs study on behalf of its client. Likewise UrbanMetrics has considered the residential and employment and needs for the City of Niagara Falls and has raised some questions regarding the conclusions in the Hemson Study including the impact on infilling and intensification efforts in the central area of the City. The Region, in cooperation with each Local municipality, will be sorting out residential and employment land allocations as well as identifying redevelopment and intensification targets throughout the entire Region, including the City of Niagara Falls. Significant urban area expansions such as this should most appropriately be considered within a Regional development context. The issue of alternative locations for development and the impacts of these sorts of expansions need to be considered on a broader basis than the limits of an individual municipality's borders. It would be prudent for the City to defer a final decision on this application until the results of the Growth Management Study are released. As you know, the Growth Management Strategy represents a collective and cooperative growth analysis involving the Region and all twelve municipalities including Niagara Falls and should provide a sound and defensible basis for the consideration of any urban area expansion. Drew Semple, MCIP, RPP Senior Planner c. Peter Colosimo, Regional Planning Dept. Of/ 29/ 2D0e 11:25 416 -235 -4267 Ministry of Transportation Corridor Management Section Central Region 7 Floor, Bldg. D 1201 Wilson Avenue Downsview, ON M3M 1J8 Adrian Firrnani Tel (416) 235.5383 Fax (416) 235 -4267 Email: adrian.firmanic ontario.ca January 28 2007 Alex Herlovitch Director of Planning Development City of Niagara Falls Planning and Development 4310 Queen Street, 2 Floor Niagara Falls, Ontario 1.2E 6X5 Dear Mr. Herlovitch Ministere des Transports Section de la gestion des co uloirs routiers Region du Centre 7e etage, 6diflce D 1201 avenue Wilson Downsview ON M3M1J8 Adrian f irmeni Tel: 416 235 -5383 T6I8c: 416 2354267 Email: Adrian.firmanieontario.ca CORRIDOR MANAGEMENT PAGE 02 Re: Official Plan Amendment Application Further to your circulation received January iS, 2008, the Ministry has reviewed the above noted application. in accordance with the requirements under the Ministry's Public Transportation and Highway Improvement Act. We piovido the following comments: The owner must also be advised that Ministry buildin and -use permits will be required for all buildings and structures within 46 metres (150 feet) ftom, QEW propert limit, 396 meters from the intersection of the QEW and Mountain Road. In J,ddition, no pre servicing, grading, and installation of signs on the subject land is permitted without the issuance of Ministry permits. In general, the applicant should be aware that ;future development of these lands will require Ministry review and approval. All proposed p buildings and structures both above and below ground, utilities, frontage roads, fire routes, essential parking, and stormwater management ponds, must be set back 14.0 metres from the QEW property line. All grading of any kind will not be permitted on QEW property, The applicant will be required to submit a full Iscale (1;500) site plan, a site servicing and grading plan and a detailed stormwater management plan and report indicating the changes in drainage run -off caused by the development, and the i ttended treatment of this calculated runoff as it impacts on the QEW Right -of -way. Th.e applican may also be required to submit a Traffic Impact Study indicating the existing and future projected traffic volumes and patterns as it impacts the QEW and Mountain Road Interchange. 'Tile Ministry will provide more detailed comments when a formal site plan is submitted. ry t Ontario File: AM- 30/2004 '7 01/29/2008 11:25 416 235 -4267 CORRIDOR MANAGEMENT PAGE 03 1 This land is within the Ministry's area of Permit Cdntrol and the applicant should be made aware that Ministry building/land -use permits will be ifeguired prior to any grading and construction an these lands. Sign. permits may be required as well. All applicable MTO permits may be obtained from our office located on the 7 Floor, Atrium Tower, 1201 Wlilson. Avenue, Toronto, Ontario M3M 1J8, axed they are also availabI4 on our website at: www.mto,gov, on, ca/english/ engineering /managementkorridor /index.html If you have any questions, please feel free to contact tic. Regards, 1/7 .ti" .Att -P'71r Adrian. Firmani Technician Corridor Management Section Ministry of Transportation 7th Floor, Building "D" 1201 Wilson Avenue, Downsview, Ontario, M3M 1J8! Tel. (416) 235 -5383 Fax. (41.6) 235.4267 B '-mail: adrian.firman To Director of Planning City File: AM- 30/2004 Thank you, RECEIVED JAN 31203 PLANNING DEVELOPMENT.„ Responding to the Zoning By -law No. 79 -200. To expand the urban area boundary to include 75ha of land located in the North West quadrant of the city. Mario and Anna DiFilippo, Angeline DiRienzo and Maria DiRienzo as land owners of 8236 Mountain Road agree to the expanding of the urban area boundary. PROCLAMATION WHEREAS the protection, preservation and promotion of our built, natural and cultural heritage is recognized as contributing to the enrichment of the community, the Council of the Corporation of the City of Niagara Falls hereby proclaims FEBRUARY 18 24, 2008 as HERITAGE WEEK All citizens are encouraged to celebrate the history and heritage of our community through cultural exchange programs, projects and visits to historic sites, exhibits and commemorative events. You are hereby invited to participate in events that will assist in the enrichment and development of our understanding of the origins and history of our community and create a common identity. This year's theme is "ENGAGING CITIZENS IN COMMUNITY CONSERVATION" It is the intention of this theme to inspire citizens to become active in conservation as well as offer an opportunity to our community to showcase our conservation success stories and demonstrate the resources available to conserve local heritage. Mayor R. T. (Ted) Salci February 11, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2008 -02 Acting/ Deputy Mayor RECOMMENDATION: Deputy Mayor Niagaraa11s CANADA For the information of Council. That staff come back with more details on a Deputy Mayor. BACKGROUND: Working Together to Serve Our Community CD- 2008 -02 At the November 26, 2007 Community Services Committee meeting, Council requested a report on the use of a Deputy Mayor. As always, it is necessary to review the pertinent legislation, in this case the Municipal Act (hereinafter referred to as "the Act Nowhere in the Act is there any specific reference to the appointing of a Deputy Mayor. Section 220 of the Act does state that, "a municipality is authorized to change the titles for its head of council and other members of its council." Some municipalities have used this authority to deign one of their Council members with the title of Deputy Mayor. An exhaustive survey has not been conducted on the number of municipalities, in Ontario, that employ a Deputy Mayor. A quick perusal of the A.M.C.T.O website indicates that some municipalities do employ a Deputy Mayor for strictly ceremonial purposes (Le., to attend events in the Head of Council's absence). The Deputy Mayor has no additional authority over any other council member. Relatedly, the Act actually confers on the Head of Council the duty of representing the municipality at official functions (see Attachment). Council members are not formally conferred this ceremonial role. In the municipalities that use a Deputy Mayor, there are different methods as to how the role is appointed. in some municipalities, the senior most council member is appointed, in others, the highest vote getter amongst council members fills the role. In most municipalities, the Deputy r title is rotated equally amongst Council members; therefore, for a given p �d. "ually a few months at a time, the Deputy Mayor would attend all events th. -ad of Council is unavailable to attend. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada 12E 6X5 905 -356 -7521 www.niagarafalls.ca Corporate Services Department Clerks February 11, 2008 2 CD- 2008 -02 Attendance at Events Of course, in our municipality the practice has been for the attendance at events to be handled through the Mayor's Office. When the Mayor has been unable to attend an event, and the event organizers wish for a substitute, the Mayor's Office has attempted to find a replacement. It should be emphasized that it is up to the event organizer to request a replacement, although often the Mayor's Office will inquire if they would like a councillor to attend in the Mayor's absence. Although there have been some concerns of events being unattended or the diwying up of events is not always equal, it is appropriate for the Mayor's office to handle these matters, as the Mayor attends the majority of events. This has been the practice of our most recent Heads of Council. In the future, there could be a Mayor that wishes to delegate more events to other councillors depending on his or her style. It should also be noted, that in most municipalities it is the Head of Council's prerogative, if you will, to determine who attends events in his or her place. Having a rotating Deputy Mayor system would compel all councillors to have to represent the City. The fact is, however, our councillors are part -time and may not have the ability to attend all events that might be expected of them. Also, not all councillors wish to attend events. Having one specific Deputy Mayor could lead to a differential in pay between the Deputy Mayor and other councillors. Similarly, there may be a need to provide expenses to a councillor fulfilling Deputy Mayor -like duties. Acting Mayor If it is accepted that the Deputy Mayor role is largely ceremonial, a distinction has to be made with regard to the role of Acting Mayor. An Acting Mayor only needs to be appointed if the Mayor's absence would affect the regular business of the municipality. For example, if the Head of Council is going to be away fora lengthy period of time that would prevent agreements from being executed then appointing an Acting Mayor is appropriate. Also, when the Head of Council knows they will be unable to chair a Council meeting, a by -law appointing an Acting Mayor is usually passed at the preceding Council meeting. This has been the practice in our municipality. It is a judgment call on the part of the Mayor to determine when he or she feels an absence from their office may impede the normal course of business and necessitate the need for an Acting Mayor. It should be noted that the mere absence from the office may not be enough to trigger the need for an Acting Mayor if the Mayor is even away for a few days. With modern technology like blackberries and e-mail, it would be very rare that the Mayor is not "in the loop" on the activities in the municipality. February 11, 2008 3 CD- 2008 -02 CONCLUSION: Some municipalities designate a council member as a Deputy Mayor to attend events in the Head of Council's absence. There are different methods of determining whom the Deputy Mayor will be. In some cases, the role is rotated amongst council members. In Tight of the fact that the Head of Council has a statutory role to represent the municipality at functions, it is appropriate for the Mayor's Office to facilitate attendance at events either by the Head of Council or a chosen representative. In many municipalities it has been the Mayor's prerogative to choose who represents him or her at an event. This has been the practice in our municipality. A distinction should be made between a Deputy Mayor and an Acting Mayor. An Acting Mayor is appointed by by -law when the Mayor's absence may impede the normal course of the municipality's business. Modern technology has enabled the Head of Council to remain tuned into the municipality's activities, even while away at a conference or on vacation. The implementation of a Deputy Mayor is a political decision. A Deputy Mayor could create an inequality amongst Council members unless the role is rotated. If rotated, the Council member would be obligated to attend all events called upon in the Mayor's absence. All recent Mayors have been conscientious of the need for an Acting Mayor if their absence has prevented them from chairing a council meeting or was going to impede with agreements being signed in a timely manner. Staff would suggest that there is no need to change this and that an Acting Mayor By -law be passed on a "need be" basis. Recommended by: Approved by: Respectfully submitted: WVL Dean orfida, Ci K. E. Burden, Acting Director of Corporate Services John Cl2 /K acDonald, Chief Administrative Officer PART VI PRACTICES AND PROCEDURES Municipal Organization and Administration Role of council 224. It is the role of council, (a) to represent the public and to consider the well -being and interests of the municipality; (b) to develop and evaluate the policies and programs of the municipality; (c) to determine which services the municipality provides; (d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council; (d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; (e) to maintain the financial integrity of the municipality; and (f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99. Role of head of council 225. It is the role of the head of council, (a) to act as chief executive officer of the municipality; (b) to preside over council meetings so that its business can be carried out efficiently and effectively; (c) to provide leadership to the council; (c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1); (d) to represent the municipality at official functions; and (e) to carry out the duties of the head of council under this or any other Act. 2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100. February 11, 2008 F- 2008 -08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -08 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $11,513,842.10 for the period December 19, 2007 to January 23, 2008. BACKGROUND: Niag ara a ks CANADA 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: Todd Harri Director of Financial Services Ken Burden, Acting Executive Di ector of Corporat Services vc- John v Donald, Chief Admini rative Officer 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 1198891 ONTARIO INC O/A PENINSULA CONSTRUCTION EXCA' 2107552 ONTARIO LTD 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING A A EXHAUST SYSTEMS A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD ACA ENGINEERING SERVICES ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ACTIVE NETWORK LTD ADT SECURITY SERVICES CANADA INC ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIM WASTE MANAGEMENT INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALISON'S SPORTS AWARDS ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALZHEIMER SOCIETY AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMEX BANK OF CANADA ARLETTI, ERIC ARSON NIAGARA COMMITTEE ARTISTA DESIGN PRINT INC ARTISTA DESIGN PRINT INC ASHLAND CANADA CORP ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF MUNICIPALITIES OF ONTARIO AVIS CAR INC AZIZ,HAJI AZIZ& AL- HARAZI -AZIZ, ANHAR B B LIFTRUCK SERVICE B B LIFTRUCK SERVICE B B LIFTRUCK SERVICE B HOGAN BAIN PRINTING BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BAKER TRANSIT PARTS INC BALDINELLI LOUIE BARCLAY TODD'S BARCLAY TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD INTERNATIONAL INC BEATTIES BASICS BELCHIOR CONTRACTING EXCAVATING LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA Cheque No. Cheque Date Purpose 317245 08- Jan -2008 CONTRACT SERVICES 317312 16- Jan -2008 TAX O/P REFUND 317468 23- Jan -2008 CONTRACT SERVICES 317469 23- Jan -2008 MATERIALS 316928 02- Jan -2008 ADVERTISING WEBSITE 317470 23- Jan -2008 ADVERTISING WEBSITE DEVELOF 317147 08- Jan -2008 MAINTENANCE /REPAIRS 317140 04- Jan -2008 REMITTANCE SURPLUS/TAX SALE 317141 04- Jan -2008 REMITTANCE- SURPLUS/TAX SALE 316927 02- Jan -2008 MAINTENANCE /REPAIRS 317314 16- Jan -2008 CONSULTING SERVICES TRAININ( 316929 02- Jan -2008 ANNUAL SUBSCRIPTION 2008 316930 02- Jan -2008 CONTRACT SERVICES 317471 23- Jan -2008 CONTRACT SERVICES 316931 02- Jan -2008 BROKERAGE FEES 317472 23- Jan -2008 BROKERAGE FEES 317148 08- Jan -2008 CONTRACT SITE CLEAR 4 -PAD 316932 02- Jan -2008 CONTRACT SERVICES 317149 08- Jan -2008 MAINTENANCE /REPAIRS 317315 16- Jan -2008 MAINTENANCE /REPAIRS 317473 23- Jan -2008 MAINTENANCE /REPAIRS 317150 08- Jan -2008 TRAVEL/MILEAGE DEC 07 317474 23- Jan -2008 CONTRACT SERVICES 316906 24- Dec -2007 CONTRACT WATERMAIN REPLACI 316907 24- Dec -2007 CONTRACT WATERMAIN REPLACI 316933 02- Jan -2008 CONTRACT SERVICES 317151 08- Jan -2008 CONTRACT SERVICES RYSDALE /BI 317475 23- Jan -2008 CONTRACT DORCH- 420 MORRIS( 317476 23- Jan -2008 CONTRACT RE: 5345 SECOND 317476 23- Jan -2008 CONTRACT RE: 5003 UNIVERSITY 316934 02- Jan -2008 MATERIALS 317152 08- Jan -2008 MATERIALS 316935 02- Jan -2008 MATERIALS 316936 02- Jan -2008 MATERIALS 317316 16- Jan -2008 MATERIALS 316878 19- Dec -2007 COFFEE BREAK 07 316908 24- Dec -2007 PAYROLL REMITTANCE 316937 02- Jan -2008 PAYROLL REMITTANCE 317142 04- Jan -2008 PAYROLL REMITTANCE 317306 09 -Jan -2008 PAYROLL REMITTANCE 317317 16- Jan -2008 PAYROLL REMITTANCE 317477 23- Jan -2008 PAYROLL REMITTANCE 316938 02- Jan -2008 MATERIALS 317478 23- Jan -2008 SAFETY SHOES 317479 23- Jan -2008 TRAINING FIRE SCENE INVESTIGA1 317318 16- Jan -2008 MATERIALS 317480 23- Jan -2008 MATERIALS 317153 08- Jan -2008 MATERIALS 317481 23- Jan -2008 MATERIALS 316939 02 -Jan -2008 CONTRACT SERVICES 317154 08 -Jan -2008 REMITTANCE 2008 MEMBERSHIP 317319 16- Jan -2008 REFUND DUPLICATE PAYT RE C35 317320 16 -Jan -2008 REFUND -PAPP OVERPAY'T 8422 FE 316940 02- Jan -2008 LEASES AND RENTS 317155 08- Jan -2008 LEASES AND RENTS 317482 23 -Jan -2008 EQUIPMENT FORKLIFT 317035 02- Jan -2008 MAINTENANCE /REPAIRS 316941 02- Jan -2008 MATERIALS 316909 24- Dec -2007 CONTRACT GRASSY BROOK WES 317321 16- Jan -2008 CONTRACT- GRASSY BR WEST -SEV 317157 08- Jan -2008 MATERIALS 316942 02- Jan -2008 SAFETY SHOES 316943 02- Jan -2008 MATERIALS 317158 08- Jan -2008 MATERIALS 316944 02- Jan -2008 CONTRACT 4 -PAD ARENA #22" 317483 23- Jan -2008 CONTRACT SERVICES 316945 02- Jan -2008 MATERIALS 317484 23- Jan -2008 MATERIALS 317159 08- Jan -2008 MATERIALS RE: KALAR RECONST 316946 02- Jan -2008 UTILITIES 316947 02- Jan -2008 UTILITIES 316948 02- Jan -2008 MATERIALS 316949 02 -Jan -2008 UTILITIES Page 1 of 10 Amount 1,166.00 817.35 3,990.00 108.30 6,254.00 6,195.00 481.77 510.56 85,043.04 98.05 2,242.34 790.65 1,303.80 445.20 92.07 310.61 991,869.79 9,539.91 8,925.42 143.10 1,680.99 67.50 1,139.50 72,294.38 184,641.47 11,506.39 15,819.69 189,511.95 31,862.40 6,538.29 83.51 27.08 167.48 273.60 729.60 170.00 562.00 540.96 552.00 563.04 590.96 585.12 56.57 149.99 200.00 1,572.96 133.91 265.53 263.03 11,916.38 10,049.15 15.00 387.13 627.00 818.52 14,125.00 475.00 456.00 228,802.70 979.41 2,611.14 149.99 272.42 538.73 213, 063.45 141,679.04 607.08 67.93 5,830.00 462.55 20.65 143, 838.22 87.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BETTY'S RESTAURANT BIG BEE CONVENIENCE BIGGARS KEY SHOP BINATIONAL TOURISM ALLIANCE BIRMINGHAM FIRE CONTROL BOBOROS,PETER BOBOROS,PETER BOLIBRUCK,BOB BONIFERRO,JANA BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BORGHESI,SANDRO BOUW,JOHN BOYD, NATALIE BOYS GIRLS CLUB OF NIAGARA BRAIN INJURY ASSOCIATION OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BUNTIN REID BUNTIN REID BUNTIN REID BURSHTEIN,TIM BUSINESS EDUCATION COUNCIL OF NIAGARA C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE THE CAMPBELL,CAREY CAN AM INSTRUMENTS LTD CANADA BREAD ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LEAK DETECTION CANADIAN LEAK DETECTION CANADIAN MAINTENANCE SERVICES CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN TAX PLANNERS CANADIAN TIRE COMMERCIAL MASTERCARD CANADIAN TIRE COMMERCIAL MASTERCARD CANNON HYGIENE CANADA LTD CANSEL CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CARDINAL COURIERS LTD CARGILL SALT CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD Cheque No. Cheque Date Purpose 317160 08- Jan -2008 UTILITIES 317323 16- Jan -2008 UTILITIES 317324 16- Jan -2008 UTILITIES 317485 23- Jan -2008 UTILITIES 317486 23- Jan -2008 MATERIALS PARK ST, PVC DUCT 317325 16- Jan -2008 MEETING EXPENSES 317326 16- Jan -2008 REFUND 2x VIP PASSES RET'D 317327 16- Jan -2008 MATERIALS 317487 23- Jan -2008 MATERIALS 317488 23- Jan -2008 MATERIALS 316910 24- Dec -2007 TUITION REIMB BASIC WELDING 1 316952 02- Jan -2008 TUITION REIMB AUTO 1039 316953 02- Jan -2008 TRAVEUMILEAGE OCT -DEC 07 317328 16- Jan -2008 TRAVEUMILEAGE DEC 07 316954 02- Jan -2008 CONTRACT SERVICES 317489 23- Jan -2008 CONTRACT SERVICES 317162 08- Jan -2008 SERVICE DEP REFUND RE: 3592 M/ 317490 23- Jan -2008 MATERIALS 317163 08- Jan -2008 GRANT REIMB RESTORATION SEC 316880 20- Dec-2007 DONATION SLEEP CHEAP 2007 316881 20- Dec -2007 DONATION SLEEP CHEAP 2007 316955 02- Jan -2008 MATERIALS 317164 08- Jan -2008 MATERIALS 316956 02- Jan -2008 CONTRACT SERVICES 317491 23- Jan -2008 CONTRACT SERVICES 317165 08- Jan -2008 MATERIALS 317330 16- Jan -2008 MATERIALS 317492 23- Jan -2008 MATERIALS 317493 23- Jan -2008 CONTRACT SERVICES 317167 08- Jan -2008 OFFICE SUPPLIES 317331 16- Jan -2008 OFFICE SUPPLIES 317494 23- Jan -2008 OFFICE SUPPLIES 317332 16- Jan -2008 SAFETY SHOES 317333 16- Jan -2008 CONTRACT SERVICES 316982 02 -Jan -2008 CONTRACT SERVICES 316957 02- Jan -2008 MATERIALS 317168 08- Jan -2008 MATERIALS 317334 16- Jan -2008 MATERIALS 317169 08- Jan -2008 TRAVEUMILEAGE DEC 07 316959 02- Jan -2008 MATERIALS 316958 02- Jan -2008 CONCESSION SUPPLIES 317170 08- Jan -2008 CONCESSION SUPPLIES 317495 23- Jan -2008 CONCESSION SUPPLIES 316960 02- Jan -2008 MATERIALS 317171 08- Jan -2008 MAINTENANCE/REPAIRS 317335 16- Jan -2008 MAINTENANCE/REPAIRS 316961 02- Jan -2008 CONTRACT SERVICES 317336 16- Jan -2008 CONTRACT SERVICES 316962 02- Jan -2008 MATERIALS 316963 02- Jan -2008 CONTRACT SERVICES 317172 08- Jan -2008 CONTRACT SERVICES 317173 08- Jan -2008 CONTRACT SERVICES 316964 02 -Jan -2008 MATERIALS 316966 02- Jan -2008 NEWSLETTER SUBSCRIPTION 200E 316968 02- Jan -2008 MATERIALS 317498 23- Jan -2008 MATERIALS 317496 23- Jan -2008 CONTRACT SERVICES 316965 02 -Jan -2008 MATERIALS 316967 02- Jan -2008 CONTRACT SERVICES 317497 23- Jan -2008 CONTRACT SERVICES 316969 02- Jan -2008 COURIER 317499 23- Jan -2008 MATERIALS 317174 08- Jan -2008 TRAVEUMILEAGE NOV 07 317338 16- Jan -2008 MATERIALS 316970 02- Jan -2008 LEASES AND RENTS 317175 08- Jan -2008 MATERIALS 316971 02- Jan -2008 MATERIALS 317339 16- Jan -2008 STORES /INVENTORY 317500 23- Jan -2008 MATERIALS 316972 02- Jan -2008 CONTRACT SERVICES LIFEWORKS 317501 23- Jan -2008 CONTRACT SERVICES LIFEWORK 317340 16- Jan -2008 MATERIALS ANNUAL DUES 08 316973 02- Jan -2008 STORES /INVENTORY 317176 08- Jan -2008 STORES /INVENTORY Page 2 of 10 Amount 113.00 8,431.69 79.10 446.50 12,176.39 300.00 98.00 87.57 530.00 101.70 162.69 147.70 63.00 89.25 337.08 3,234.10 750.00 60.00 3,000.00 7,000.00 3,000.00 658.92 2,834.26 1,507.56 238.35 2,169.28 1,576.85 2,623.55 4,214.11 382.83 668.87 1,232.50 146.89 2,100.00 831.04 923.40 167.01 164.16 46.50 3,645.15 55.10 139.57 292.80 885.10 360.40 537.42 15, 900.00 477.00 3,904.75 3,254.84 3,254.84 975.48 303.76 84.00 198.35 262.01 264.60 69, 605.58 2,160.44 561.80 105.23 52,583.88 202.50 993.27 739.86 518.36 1,218.43 285.51 340.03 2,281.50 2,259.97 1,669.20 1,651.02 1,005.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPMAN,DOUG CIT FINANCIAL LTD CITI CARDS CANADA INC CITY OF NIAGARA FALLS CLASS A FIRE RESCUE CLASSIC FIRE PROTECTION INC CLIFTON HILL BIA COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM COMMUNITIES IN BLOOM- ONTARIO COMPUTER MEDIA GROUP CONTINENTAL TIRE CANADA INC CORBYS FLOWERS COTTON INC CRANFIELD,JIM CRANFIELD,MIKE CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CROWLAND VOLUNTEER FIRE DEPT NO 6 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBER SERVICES CYGNAL TECHNOLOGIES CORP T46181 D J PENWARDEN APPRAISALS DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DALTON, HARVEY DANYLUCK,JON DARCH FIRE DARCH FIRE DATA FIX DECARIA, RON DEEP STEAM DEGIULI,NAT DEGIULI,NAT DEL MANAGEMENT SOLUTIONS DELL CANADA INC DELPHI BANQUET FACILITIES DEMOL'S TIRE SALES SERVICE DEMOL'S TIRE SALES SERVICE DENCO ENGINEERING LTD DENCO ENGINEERING LTD DF BROWN ROOFING DICKSON,B DICKSON,B DOBBIES FLORIST LTD DOMINION PAVING CO DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAINAGE SUPERINTENDENTS ASSOC OF ONTARIO DRAWING CENTRE DROLET,MARC DRUMMOND HOME HARDWARE DUJLOVIC,ED DUSAN,REPAC DYE DURHAM CO INC E3 LABORATORIES EARTH TECH CANADA INC EARTHDANCE LANDSCAPING INC EATON,DOUG ECO SOLUTIONS PARTNERS ELECTROMEGA LTD ELIA,DOMENIC Cheque No. Cheque Date Purpose 317341 16- Jan -2008 STORES /INVENTORY 317502 23- Jan -2008 STORES /INVENTORY 317503 23- Jan -2008 MATERIALS 317177 08- Jan -2008 LEASES AND RENTS 317342 16- Jan -2008 COSTCO CANCELLATION 317178 08- Jan -2008 PURCHASE CARD REIMBURSE 316975 02- Jan -2008 MATERIALS 317504 23- Jan -2008 MATERIALS 317179 08- Jan -2008 4TH INSTALLMENT 2007 BIA 316976 02- Jan -2008 UTILITIES 317180 08- Jan -2008 UTILITIES 317344 16- Jan -2008 UTILITIES 317505 23- Jan -2008 UTILITIES 317505 23- Jan -2008 UTILITIES 316978 02- Jan -2008 CONTRACT SERVICES 317345 16- Jan -2008 CONTRACT SERVICES 317508 23- Jan -2008 WINTER LIGHTS SYMPOSIUM 317507 23 -Jan -2008 MATERIALS 317181 08- Jan -2008 MATERIALS 317182 08- Jan -2008 MATERIALS 317346 16- Jan -2008 MATERIALS 317509 23- Jan -2008 MATERIALS 317183 08- Jan -2008 SAFETY SHOES 317511 23- Jan -2008 SAFETY SHOES 316980 02- Jan -2008 CONTRACT SERVICES C HANSEN 317184 08- Jan -2008 CONTRACT SERVICES -L BOOTH 316983 02- Jan -2008 MATERIALS 316911 24- Dec -2007 PAYROLL REMITTANCE 316984 02- Jan -2008 PAYROLL REMITTANCE 317307 09 -Jan -2008 PAYROLL REMITTANCE 317348 16- Jan -2008 PAYROLL REMITTANCE 317512 23- Jan -2008 PAYROLL REMITTANCE 317349 16- Jan -2008 MATERIALS 316985 02- Jan -2008 MONTHLY SUBSCRIPTION 317188 08- Jan -2008 CONTRACT SERVICES 316987 02- Jan -2008 MATERIALS 317186 08- Jan -2008 MATERIALS 316988 02 -Jan -2008 SAFETY SHOES 316989 02- Jan -2008 SAFETY SHOES 316990 02- Jan -2008 MATERIALS 317514 23- Jan -2008 MATERIALS 317350 16- Jan -2008 MATERIALS 317351 16- Jan -2008 SAFETY SHOES 316991 02- Jan -2008 CONTRACT SERVICES 316912 24- Dec -2007 TUITION REIMB MGMT STYLE OMF 316992 02- Jan -2008 SAFETY SHOES 317352 16- Jan -2008 RENTAL UNIT A75050 LOT 18 317187 08- Jan -2008 REMITTANCE 317515 23- Jan -2008 MATERIALS 316994 02- Jan -2008 MATERIALS 317353 16 -Jan -2008 MATERIALS 316995 02- Jan -2008 CONTRACT SERVICES 317516 23- Jan -2008 MATERIALS 316996 02- Jan -2008 CONTRACT RE: FIREHALL THEATE 316997 02- Jan -2008 REMITTANCE 2008 FPO COURSE 317354 16- Jan -2008 REIMB OFC TRAINING JAN 08 317000 02- Jan -2008 MATERIALS 317517 23- Jan -2008 CONTRACT SERVICES 317189 08- Jan -2008 4TH INSTALLMENT 2007 BIA 317001 02- Jan -2008 CONTRACT SERVICES 317355 16- Jan -2008 REMITTANCE R VOLPINI DSAO M 317002 02- Jan -2008 MATERIALS 317003 02- Jan -2008 SAFETY SHOES 317004 02- Jan -2008 MATERIALS 317190 08- Jan -2008 TRAVEUMILEAGE NOV 07 317518 23- Jan -2008 SECURITY DEPOSIT REFUND RE: 41 317005 02- Jan -2008 MATERIALS 317006 02 -Jan -2008 CONTRACT SERVICES 316914 24- Dec -2007 CONSULTING SERVICES 316913 24- Dec -2007 CONTRACT SHRUB FLOWER MA 317356 16- Jan -2008 EMPLOYEE SAFETY SUPPLIES 317519 23- Jan -2008 MATERIALS 317520 23- Jan -2008 MATERIALS 317191 08- Jan -2008 SAFETY SHOES Page 3 of 10 Amount 17.81 753.94 1,377.00 881.40 40.00 109,085.33 867.86 439.64 3,749.95 76.93 467.29 192.00 108.07 224.69 20,971.97 21,445.28 203.40 370.00 558.89 604.32 142.50 2,588.00 148.01 150.00 6,820.00 1 ,740.00 1,507.12 3,277.89 3,258.11 2,985.04 3,001.20 3,252.44 360.40 2,970.00 5,962.50 2,361.46 2,057.20 150.00 150.00 1,755.60 201.26 2,205.00 149.99 2,070.69 251.28 148.19 5,076.49 18,181.79 2,836.71 4,311.48 137.94 908.31 496.40 52,231.50 45.00 90.00 520.58 5,177.52 33,018.30 272.48 125.00 558.60 148.01 529.58 77.50 750.00 15.80 3,257.10 10,295.99 19, 225.72 113.99 4,113.20 855.00 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ELLIS ENGINEERING INC ELLIS,JONATHAN MICHAEL EMCO CORPORATION EMCO CORPORATION EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE RENT A CAR CANADA LTD EVANS,ANDREW EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW BIA FAMILY AND CHILDREN SERVICES NIAGARA FAMILY AND CHILDREN SERVICES NIAGARA FARR LUMBER LTD FARRELL,PETE FELICIANO PINGUE SONS CONSTRUCTION LTD FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLETT BECCARIO FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FONG,DANNY FORBES FORD FORLIN,ANGELO FORLIN,KATHY FRED BRUGMAN FRED BRUGMAN FRED CRAIG FREDERICK,RICK FUTINO SR.,JOSEPH G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GALT MACHINE KNIFE SAW GAULD NURSERIES LTD GAY,RICHARD GILLINGS,BRETT GLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GNGH FOUNDATION GOFORTH,HANYA GOODMAN,MARK GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GRUBICH,JOHN GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED Cheque No. Cheque Date 317521 23- Jan -2008 317522 23- Jan -2008 317007 02- Jan -2008 317523 23- Jan -2008 317008 02 -Jan -2008 317357 16- Jan -2008 316882 20- Dec -2007 317009 02- Jan -2008 317193 08- Jan -2008 317358 16- Jan -2008 317524 23- Jan -2008 317525 23- Jan -2008 317010 02- Jan -2008 317359 16- Jan -2008 317011 02- Jan -2008 317360 16 -Jan -2008 317012 02- Jan -2008 317013 02- Jan -2008 317194 08- Jan -2008 317014 02- Jan -2008 317196 08- Jan -2008 317526 23- Jan -2008 317195 08- Jan -2008 316883 20- Dec-2007 317527 23- Jan -2008 317361 16- Jan -2008 317197 08 -Jan -2008 317015 02- Jan -2008 317363 16- Jan -2008 317199 08- Jan -2008 317528 23- Jan -2008 317017 02- Jan -2008 317529 23- Jan -2008 316915 24- Dec -2007 317018 02- Jan -2008 317200 08- Jan -2008 317364 16- Jan -2008 317019 02 -Jan -2008 317020 02- Jan -2008 317530 23- Jan -2008 317365 16- Jan -2008 317201 08- Jan -2008 317531 23- Jan -2008 317021 02- Jan -2008 317366 16- Jan -2008 317202 08- Jan -2008 317533 23- Jan -2008 317022 02 -Jan -2008 317023 02- Jan -2008 317532 23- Jan -2008 317367 16- Jan -2008 317368 16 -Jan -2008 317024 02- Jan -2008 317025 02- Jan -2008 317369 16- Jan -2008 317370 16- Jan -2008 316884 20- Dec -2007 317203 08- Jan -2008 317534 23- Jan -2008 317026 02- Jan -2008 317204 08- Jan -2008 317371 16- Jan -2008 316916 24- Dec -2007 317027 02- Jan -2008 317535 23- Jan -2008 317205 08 -Jan -2008 316917 24- Dec -2007 317028 02- Jan -2008 317372 16- Jan -2008 317029 02- Jan -2008 317030 02- Jan -2008 317373 16- Jan -2008 317031 02- Jan -2008 317536 23- Jan -2008 Purpose CONTRACT SERVICES RE: 2007 -84 REFUND PAPP OVERPAYMENT JA STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES CONTRACT SERVICES 2511 CLAUD UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONSULTING RE COMM CTR PART CONTRACT SERVICES REFUND DUPLICATE PAYT C34789 SAFETY SHOES CONTRACT SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS CONCESSION SUPPLIES CONCESSION SUPPLIES CONCESSION SUPPLIES 4TH INSTALLMENT 2007 BIA DONATION SLEEP CHEAP 2007 CHARITY REBATE RE: 010 005 1070 MATERIALS SAFETY SHOES TAX OVERPAYMENT REFUND CONTRACT-WATERMAIN-BOND/ED MATERIALS ANNUAL REMITTANCE 2008 MATERIALS MAINTENANCE /REPAIRS REIMB FEES #26207 MATERIALS MATERIALS STORES /INVENTORY SERVICE DEPOSIT REFUND 3794 I EQUIPMENT 1FAHP34N68W105355 COACHING CLINIC #1 ASSISTANCI TRAVEL/MILEAGE DEC 07 MATERIALS MATERIALS MATERIALS REIMB MECH LIC X2 2008 SERVICE DEPOSIT REFUND RE:890 MATERIALS FUEL MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS REFUND CEMETERY PLOT SELL -E SAFETY SHOES MATERIALS MATERIALS UTILITIES DONATION SLEEP CHEAP 2007 TRAVEUMILEAGE DEC 07 REIMB CPR TRAINING DEC 07 MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE CONTRACT SERVICES SNOWHAU CONTRACT SERVICES MATERIALS TUITION REIMB MGMT STYLE OMF MATERIALS STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS Page 4 of 10 Amount 5,419.78 202.54 740.91 6,812.10 339.20 183.75 3,503.21 454.93 71.72 40,766.33 1,363.92 393.75 191.86 15.00 150.00 1,440.86 2,069.84 2,511.49 183.75 305.38 2,303.22 2,155.53 628,006.93 9,000.00 2,523.39 6.31 149.99 8,357.87 39,871.37 159.69 6,557.82 236.82 313.25 530.00 469.01 1,228.86 330.60 750.00 18, 530.70 45.00 73.00 124.85 311.91 255.93 120.00 750.00 118.84 281.76 270.18 198.88 1,146.95 945.00 139.97 6,505.84 207.10 130.30 8,000.00 93.50 40.00 1,929.54 161.79 224.87 38.40 6,036.80 5,122.45 382.08 473.15 6,634.91 896.04 1,535.75 627.00 621.50 131.10 12,826.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANG UPS 99 HANG UPS 99 HARMAN,SCOTT HARPER POWER PRODUCTS INC HARPER POWER PRODUCTS INC HARRIMAN JOHN M -R ASSESSMENT CONSULTANT HASCALOVITZ,OPHIRA& HASCALOVITZ, ISRAEL HEART NIAGARA INC HEART NIAGARA INC HEARTLAND FOREST NATURE EXPERIENCE HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS,DEREK HOLMAN,GEOFF HOTZ ENVIRONMENTAL SERVICES INC HUNTER,JOHN HUNTON,GAIL ICI CANADA INC INTEGRATED GAS RECOVERY SERVICES INTERSTATE BATTERY SYSTEMS OF HAMILTON ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACKSON,CHRISTINE JACKSON,DAVE JAGGER HIMS LIMITED JALUVKA SAUER IN TRUST JENKINS,JOHN STEWART& JENKINS, MARY BARBARA JOCELYN ROOF CONSULTANTS GROUP INC KAGAN SHASTRI BARRISTERS AND SOLICITORS KALBFLEISH,JEFFREY KANE CROCCO,LINDA KEN WARDEN CONSTRUCTION LTD KENWORTH TORONTO LTD KERRY T HOWE ENGINEERING LTD KNIGHTS INN KNOWLTON PASS ELECTRONICS INC KRAFT CANADA INC KRAWCZYK CONSTRUCTION MAINTENANCE KRIEGHOFF GALLERY -CAFE KRONSTEIN,MARK KUCHYT,TOM L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING L WALTER SONS EXCAVATING LAKE'S MAINTENANCE LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LAW SOCIETY OF UPPER CANADA LAWSON PRODUCTS INC LELIEVRE,PETER LESKIW,KAREN LEXISNEXIS CANADA INC LINDSAY PRESS LOCAL AUTHORITY SERVICES LTD LOOPSTRA'NIXON LLP LOWE,F PETER LUEY,CATHERINE LUNDY'S LANE BIA M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACEACHERN,CHRIS MAIN FERRY BIA MAIURI,TODD MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCDERMID LIMITED MCGEE MARKING DEVICES MCNAMARA,SUSAN Cheque No. Cheque Date Purpose 317537 23- Jan -2008 MATERIALS 316885 20- Dec -2007 PETTY CASH NOV /DEC 07 317032 02- Jan -2008 MATERIALS 317538 23 -Jan -2008 MATERIALS 317033 02- Jan -2008 SAFETY SHOES 317206 08- Jan -2008 MATERIALS 317539 23- Jan -2008 MATERIALS 317207 08 -Jan -2008 CONTRACT SERVICES 317208 08- Jan -2008 CIP GRANT- HISTORIC DRUMMON 316887 20- Dec-2007 DONATION- SLEEP CHEAP 2007 317540 23- Jan -2008 TRAINING DEC 5/07 316886 20- Dec -2007 DONATION SLEEP CHEAP 2007 317034 02- Jan -2008 CONTRACT SERVICES 317541 23- Jan -2008 CONTRACT SERVICES RE: 568 316918 24- Dec -2007 EXPENSE REIMB COURSES '07 317209 08 -Jan -2008 TRAVEUMILEAGE DEC 07 317542 23- Jan -2008 MATERIALS 317210 08- Jan -2008 SERVICE DEPOSIT REFUND RE: 46: 317375 16 -Jan -2008 TRAVEUMILEAGE DEC 07 317036 02- Jan -2008 MATERIALS 317544 23- Jan -2008 REFUND- OVERPAY'T REGIONAL DE 317376 16- Jan -2008 MATERIALS 317038 02- Jan -2008 FOOTWEAR 317377 16- Jan -2008 SAFETY SHOES 317545 23 -Jan -2008 MATERIALS 317213 08- Jan -2008 TRAVEUMILEAGE DEC 07 317212 08- Jan -2008 TRAVEUMILEAGE DEC 07 317039 02- Jan -2008 CONSULTING SERVICES -4 -PAD 317040 02- Jan -2008 DEPOSIT REFUND DYSON /MUIR 317214 08- Jan -2008 TAX O/P REFUND 317041 02- Jan -2008 CONSULTING FIREHALL THEATER 317546 23- Jan -2008 CONSULTING SERVICES 317042 02- Jan -2008 REFUND FAILED TAX SALE (SHER 317215 08 -Jan -2008 PURCHASE INCENTIVE REBATE 07 317547 23- Jan -2008 CONTRACT SERVICES 317216 08- Jan -2008 MATERIALS 317378 16- Jan -2008 CONTRACT SERVICES RE: 06 -016 317044 02- Jan -2008 TICKETS 317548 23- Jan -2008 CONTRACT SERVICES 317217 08- Jan -2008 CONTRACT SERVICES 317549 23- Jan -2008 CONTRACT SERVICES 317045 02- Jan -2008 ADMINISTRATIVE 317379 16- Jan -2008 TRAVEUMILEAGE 317046 02- Jan -2008 TRAVEUMILEAGE DEC 07 317385 16- Jan -2008 CONTRACT SERVICES 317227 08- Jan -2008 CONTRACT SERVICES 317387 16- Jan -2008 CONTRACT SERVICES 317219 08- Jan -2008 MAINTENANCE/REPAIRS 317047 02- Jan -2008 STORES /INVENTORY 317220 08- Jan -2008 STORES /INVENTORY 317380 16 -Jan -2008 STORES /INVENTORY 317048 02- Jan -2008 MEMBERSHIP 317221 08- Jan -2008 PARTS 317049 02- Jan -2008 SAFETY SHOES 317550 23- Jan -2008 SERVICE DEPOSIT REFUND 317381 16- Jan -2008 PUBLICATIONS 317223 08- Jan -2008 MATERIALS 317224 08- Jan -2008 RETAINER FEE 317225 08- Jan -2008 CONSULTING SERVICES 317384 16- Jan -2008 CONTRACT SERVICES 317386 16- Jan -2008 TUITION REFUND 317226 08 -Jan -2008 07 4TH LEVY INSTALLMENT 317056 02- Jan -2008 BUNKER SUIT 317234 08- Jan -2008 CONTRACT SERVICES 317396 16- Jan -2008 CONTRACT SERVICES 317228 08- Jan -2008 SAFETY SHOES 317229 08- Jan -2008 07 4TH INSTALLMENT TAX LEVY 317051 02- Jan -2008 REMITTANCE 2008 FPO COURSE 317388 16- Jan -2008 CONTRACT SERVICES 317389 16- Jan -2008 TRAVEUMILEAGE 317390 16- Jan -2008 TRAVEUMILEAGE 317230 08- Jan -2008 MATERIALS 317554 23- Jan -2008 MATERIALS 317391 16- Jan -2008 TRAVEUMILEAGE Page 5 of 10 Amount 96.14 1,081.21 126.14 80.33 150.00 63.35 489.86 1,080.00 16,404.04 5,000.00 340.00 2,000.00 4,774.40 5,683.42 188.36 212.39 3,218.60 750.00 23.00 107.19 478.70 859.34 410.34 1,384.99 1,508.06 57.50 119.50 1,036.57 460.00 1,261.28 3,850.00 7,653.00 4,000.00 300.00 16,336.87 2,636.37 605.12 583.20 5,548.30 9,486.26 3,768.30 450.30 30.00 161.92 585.04 763.20 896.76 3,720.60 70.44 1,126.61 45.15 1,752.18 7,030.74 149.99 750.00 84.27 851.58 630.00 1,590.00 105.00 323.30 66,017.85 4,002.70 130.38 1,138.62 136.79 11,728.20 20.00 1,369.42 78.00 78.00 1,385.21 102.60 78.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name METRO PLUMBING HEATING MG PROMOTIONS MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MMM GROUP LIMITED MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG SUPPLY CO MOLDENHAUER,KATHY MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MOORE CANADA MOORE,RICK MOROCCO,ANGELO MOROCCO,ANNA MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOYER,VINCE MUCICKO,TOM MULTIPLE SCLEROSIS OF CANADA NIAGARA PENINSULA MURACA,JACK MURPHY'S MUSIC N Y STYLE DELI NAPA NIAGARA #0628 NBFSPQ NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY FOUNDATION NIAGARA COMMUNITY NEWSPAPERS NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PUBLIC LIBRARY NIAGARA INDUSTRIAL ASSOCIATION NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO NIAGARA REGIONAL SEXUAL ASSAULT CENTRE NIAGARA SERVICE SUPPLY LTD NIAGARA SHEET METAL NIAGARA STAR PAINTERS NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA.COM NORJOHN CONTRACTING PAVING LTD Cheque No. Cheque Date Purpose 317555 23- Jan -2008 CONTRACT SERVICES 317556 23- Jan -2008 MATERIALS 317054 02- Jan -2008 TRAVEL/MILEAGE 317231 08- Jan -2008 PAYROLL REMITTANCE EHT 317232 08- Jan -2008 PAYROLL REMITTANCE EHT 317393 16- Jan -2008 REMITTANCE 317394 16- Jan -2008 ARENA PROJECT 316919 24- Dec -2007 PAYROLL REMITTANCE 317055 02- Jan -2008 PAYROLL REMITTANCE 317308 09- Jan -2008 PAYROLL REMITTANCE 317392 16- Jan -2008 PAYROLL REMITTANCE 317557 23- Jan -2008 PAYROLL REMITTANCE 317395 16- Jan -2008 SAFETY SHOES 317397 16- Jan -2008 CONTRACT SERVICES 317057 02- Jan -2008 CONTRACT SERVICES 317398 16- Jan -2008 CONTRACT SERVICES 317558 23- Jan -2008 CONTRACT SERVICES 317235 08- Jan -2008 PARTS 317236 08- Jan -2008 TRAVEUMILEAGE 317058 02- Jan -2008 CONTRACT SERVICES 317399 16- Jan -2008 CONTRACT SERVICES 317059 02- Jan -2008 CONTRACT SERVICES 317559 23- Jan -2008 CONTRACT SERVICES 317560 23- Jan -2008 CONTRACT SERVICES 317060 02- Jan -2008 SAFETY SHOES 317561 23- Jan -2008 LIVESTOCK CLAIM JAN 08 317562 23- Jan -2008 REFUND 317237 08 -Jan -2008 TRAVEUMILEAGE 317238 08- Jan -2008 TRAVEUMILEAGE 317400 16- Jan -2008 REFUND 317061 02- Jan -2008 PARTS 317239 08- Jan -2008 PARTS 317401 16- Jan -2008 PARTS 317240 08- Jan -2008 EMPLOYEE PURCHASE 317402 16- Jan -2008 SAFETY SHOES 316888 20- Dec -2007 DONATION 317062 02- Jan -2008 SAFETY SHOES 317563 23- Jan -2008 LEASES AND RENTS 317246 08 -Jan -2008 MATERIALS 317241 08- Jan -2008 PARTS US draft 20 -Dec -2007 FIRE CERT 317403 16- Jan -2008 PARTS 317564 23- Jan -2008 AUTOMOTIVE PARTS 317063 02- Jan -2008 MATERIALS 316889 20 -Dec -2007 GRANT 317139 31- Dec -2007 ADMINISTRATIVE 316890 20- Dec -2007 ADVERTISING 317565 23- Jan -2008 ADVERTISING 316891 20- Dec -2007 DONATION 317242 08- Jan -2008 GRANT 317243 08- Jan -2008 REMITTANCE 316920 24- Dec -2007 PAYROLL REMITTANCE 317069 02- Jan -2008 PAYROLL REMITTANCE 317070 02- Jan -2008 PAYROLL REMITTANCE 317309 09- Jan -2008 PAYROLL REMITTANCE 317408 16- Jan -2008 PAYROLL REMITTANCE 317569 23- Jan -2008 PAYROLL REMITTANCE 317568 23 -Jan -2008 2007 CHARITY REBATE 317570 23- Jan -2008 REMITTANCE 317571 23- Jan -2008 ADMINISTRATIVE 317409 16- Jan -2008 CONTRACT SERVICES 317066 02- Jan -2008 WATER ARREARS REMITTANCE 317067 02- Jan -2008 UTILITIES 317244 08- Jan -2008 UTILITIES 317407 16 -Jan -2008 WATER ARREARS JAN 15/08 317566 23- Jan -2008 WATER ARREARS JAN 22/08 316892 20 -Dec -2007 DONATION 317410 16- Jan -2008 MATERIALS 317411 16- Jan -2008 MAINTENANCE/REPAIRS 317572 23- Jan -2008 CONTRACT SERVICES 316893 20- Dec -2007 ADVERTISING 317573 23- Jan -2008 ADVERTISING 317405 16- Jan -2008 CONTRACT SERVICES 316921 24- Dec -2007 CONTRACT CITY ASPHALT PATCI Page 6 of 10 Amount 6,160.73 566.30 91.52 52,302.05 3,457.01 6,298.78 1,100.00 1,406.98 1,406.98 1,320.65 1,320.65 1,388.96 148.19 2,650.00 166.34 390.43 337.71 328.16 31.50 2,088.20 5,022.28 330.37 327.25 165.30 136.79 500.00 146.35 260.50 54.00 23.50 1,958.78 3,789.38 217.87 300.00 150.00 4,000.00 150.00 231.00 180.00 156.00 675.00 37.10 7,780.70 148.54 29,692.92 88,165.00 5,816.29 466.82 9,000.00 38,843.19 260.00 2,911.52 2,911.52 4,810.27 2,935.00 2,911.52 2,911.52 6,811.30 250.00 270.30 59.27 15,396.43 134,250.81 6,753.64 6,039.92 2,180.04 5,000.00 445.37 285.00 2,394.54 539.70 470.95 150.62 11,470.12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name OCE- CANADA INC OCE- CANADA INC O'FLYNN,JOHN OLD ST JOHN'S STAMFORD HERITAGE ASSOCIATION OMERS OMERS OMFPOA NIAGARA CHAPTER ONE MEDIA 1220 INC ONTARIO BUILDING OFFICIALS ASSOCIATION NIAGARA CHAPTEI ONTARIO GOOD ROADS ASSOCIATION ONTARIO PLUMBING INSPECTORS ASSOCIATION INC OUT OF THE COLD OUTDOOR OPPORTUNITES INC P R W EXCAVATING CONTRACTORS LTD PAGENET OF CANADA INC PAGENET OF CANADA INC PATRIOT ENTERPRISES PCO SERVICES CORPORATION PEARSON BUS SALES LTD PEC ROOF MAINTENANCE PEMBERTON,HOLLY PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING RECOVERY INC PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PETERSON COMMUNITY WORKSHOP PHILIPS ENGINEERING PHILIPS MEDICAL SYSTEMS CANADA PIONEER PETROLEUMS MANAGEMENT INC PISANO,MICHAEL ANTHONY& PISANO, NATASHA DOMINIQUE PITNEY BOWES POLLARD HIGHWAY PRODUCTS LTD PORT COLBORNE ECONOMIC DEVELOPMENT TOURISM CORP. PORTAGE BAKERY LIMITED PORTRAIT INTERNATIONAL POTTS,JESSICA PRAXAIR PRAXAIR PRESTIGE PORTABLE TOILETS PREVOST COACH TRANSIT PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL SERVICES PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PYRAMID TRAFFIC INC R W HOIST REPAIRS LTD R F ZIRALDO LTD R J SMITH EQUIPMENT INC R M LOUDON LIMITED R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RADOMSKI,JACKIE RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAPANARO,ED RBC RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL Cheque No. Cheque Date 317247 08 -Jan -2008 317574 23- Jan -2008 317413 16- Jan -2008 317414 16- Jan -2008 317248 08- Jan -2008 317249 08- Jan -2008 317071 02- Jan -2008 317415 16 -Jan -2008 317575 23- Jan -2008 317250 08 -Jan -2008 317576 23- Jan -2008 316894 20- Dec -2007 317577 23- Jan -2008 317305 08- Jan -2008 317073 02- Jan -2008 317578 23- Jan -2008 317417 16- Jan -2008 317251 08- Jan -2008 317579 23- Jan -2008 317074 02- Jan -2008 317418 16- Jan -2008 317254 08- Jan -2008 317582 23- Jan -2008 317420 16- Jan -2008 317581 23- Jan -2008 317252 08- Jan -2008 317419 16- Jan -2008 317580 23- Jan -2008 317253 08- Jan -2008 317255 08- Jan -2008 317256 08- Jan -2008 317075 02- Jan -2008 317076 02- Jan -2008 317077 02- Jan -2008 317421 16 -Jan -2008 317422 16- Jan -2008 317583 23- Jan -2008 317584 23- Jan -2008 317423 16- Jan -2008 US draft 21- Jan -2008 317585 23- Jan -2008 317079 02- Jan -2008 317586 23- Jan -2008 317080 02- Jan -2008 317258 08- Jan -2008 316895 20- Dec -2007 316922 24- Dec -2007 317425 16 -Jan -2008 317081 02- Jan -2008 317082 02- Jan -2008 317259 08- Jan -2008 317587 23- Jan -2008 317260 08- Jan -2008 317094 02- Jan -2008 317428 16- Jan -2008 317265 08- Jan -2008 317383 16 -Jan -2008 317090 02- Jan -2008 317593 23- Jan -2008 317083 02- Jan -2008 317261 08- Jan -2008 317426 16- Jan -2008 317588 23- Jan -2008 317084 02 -Jan -2008 317145 04- Jan -2008 317085 02- Jan -2008 317086 02- Jan -2008 316923 24- Dec-2007 317087 02- Jan -2008 317088 02- Jan -2008 317143 04- Jan -2008 317310 09- Jan -2008 317427 16- Jan -2008 317589 23- Jan -2008 Purpose CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE ADVERTISING REMITTANCE REMITTANCE REMITTANCE DONATION ADMINISTRATIVE SERVICE DEPOSIT REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES PARTS CONTRACT SERVICES 07 ORGANIZATION AWARD CONSULTING SERVICES CONTRACT SERVICES SERVICE DEPOSIT REFUND 7209 I REFUND PAPP TAX OVERPAYMEN CONTRACT SERVICES MATERIALS REMITTANCE 07 STAFF X -MAS PARTY SUPPORT /MTCE TRAVEUMILEAGE LEASES AND RENTS MATERIALS CONTRACT SERVICES PARTS GRANT CONTRACT MAPLE ST STORM CONTRACT SERVICES CONTRACT SERVICES COURIER COURIER COURIER CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES PARTS CONTRACT SERVICES CLOTHING APPAREL CLOTHING APPAREL STORES /INVENTORY SERVICE DEPOSIT REFUND CONTRACT SERVICES CONTRACT SERVICES SAFETY SHOES ADMINISTRATIVE REMITTANCE REMIT REGISTRATION FEES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE Page 7 of 10 Amount 3,616.15 4,925.60 110.42 6,377.22 20,247.50 352,658.05 50.00 318.00 130.00 1,682.56 120.00 9,000.00 29,973.45 750.00 357.96 354.82 22.57 63.60 71.39 441.18 300.00 189.06 170.02 31.80 400.68 365.00 30.00 125.00 450.50 2,068.22 100.00 634.57 1,297.44 750.00 235.71 617.89 3,385.80 450.00 50.00 2,040.00 211.00 184.34 106.76 890.40 529.41 25,412.67 52, 906.05 396,964.80 265.00 376.75 139.27 76.73 1,113.00 1,906.08 1,086.50 2,610.55 2,329.35 511.25 2,184.65 217.17 750.00 9,445.37 17, 553.60 148.19 3,473.27 1,229.73 869.20 159, 187.49 217, 392.90 10,407.85 15, 996.54 213,765.27 206, 740.15 212,690.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RODAN COMMUNICATIONS RODGERS,DAVID ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROYAL CANADIAN LEGION NO 396 RUSSELL,CHRIS SACCO CONSTRUCTION SACCO CONSTRUCTION SACCO, FRED SACK GOLDBLATT MITCHELL LLP SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFEGUARD ELEVATOR MAINTENANCE LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SALCI,TED SALVATION ARMY SALVATION ARMY COMMUNITY FAMILY SERVICES SAVOI E, LISA SCARINGI,VITO SCOTIABANK SCOTIABANK SCUGOG SIGNS SETON SETON SETON SHAHEEN PEAKER LTD SHERATON FALLSVIEW HOTEL CONFERENCE CENTRE SHRED IT CANADA TORONTO SICO INC SIMPLEX GRINNELL SIMPLISTIC LINES INC SIRIANNI,SAM SOLMON,MARIA ST LAWRENCE AVENUE SOUP KITCHEN STATISTICS CANADA STEED EVANS LIMITED STIEFEL,ROLF STORAGE NIAGARA STRATEGY CORP STREAMLINE STREAMLINE STRESS CRETE LIMITED STRIPES AND SIGNS SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC SWEET -MMMS BAKERY CATERING TAG INC TAB TALK WIRELESS INC TALK WIRELESS INC TDL GROUP CORP THE TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TENAQUIP LIMITED TENDER WISHES TERANET INC TERMAAT, HANNAH THE EMPIRE LIFE INSURANCE CO Cheque No. Cheque Date Purpose 317091 02- Jan -2008 MATERIALS 317092 02- Jan -2008 SAFETY SHOES 317266 08- Jan -2008 UTILITIES 317429 16- Jan -2008 UTILITIES 317594 23 -Jan -2008 UTILITIES 317093 02- Jan -2008 DONATION 317595 23- Jan -2008 TRAVEL /MILEAGE 317095 02- Jan -2008 CONTRACT SERVICES 317430 16- Jan -2008 CONTRACT SERVICES 317267 08- Jan -2008 SAFETY SHOES 317596 23- Jan -2008 CONSULTING SERVICES 317096 02- Jan -2008 SAFETY WEAR 317268 08 -Jan -2008 MATERIALS 317431 16 -Jan -2008 CONTRACT SERVICES 317097 02- Jan -2008 STORES /INVENTORY 317597 23- Jan -2008 MATERIALS 316896 20- Dec -2007 TRAVE 317098 02- Jan -2008 REFUND IN LIEU OF TICKET 316897 20 -Dec -2007 DONATION 317099 02- Jan -2008 REFUND 317100 02 -Jan -2008 TRAVEUMILEAGE 317343 16- Jan -2008 PURCHASE CARD 317101 02- Jan -2008 PURCHASE CARD 317598 23- Jan -2008 MATERIALS 317270 08- Jan -2008 MATERIALS 317433 16- Jan -2008 PARTS 317599 23- Jan -2008 PARTS 317434 16- Jan -2008 CONTRACT SERVICES 317435 16- Jan -2008 ADMINISTRATIVE 317436 16- Jan -2008 CONTRACT SERVICES 317271 08 -Jan -2008 STORES /INVENTORY 317272 08- Jan -2008 MATERIALS 317103 02- Jan -2008 MATERIALS 317104 02- Jan -2008 SAFETY SHOES 317273 08- Jan -2008 SERVICE DEPOSIT REFUND 316898 20- Dec -2007 DONATION 317601 23- Jan -2008 ADMINISTRATIVE 317437 16- Jan -2008 CONTRACT SERVICES 317602 23- Jan -2008 TAX REFUND 317274 08- Jan -2008 CONTRACT SERVICES 317438 16- Jan -2008 CONTRACT SERVICES 317106 02- Jan -2008 PARTS 317603 23- Jan -2008 MAINTENANCE /REPAIRS 317604 23- Jan -2008 MATERIALS 317275 08- Jan -2008 MATERIALS 316879 19- Dec -2007 GROUP INSURANCE REMITTANCE 317144 04- Jan -2008 GROUP INSURANCE REMITTANCE 317605 23- Jan -2008 REMITTANCE 317107 02- Jan -2008 FUEL 317276 08- Jan -2008 FUEL 317277 08- Jan -2008 FUEL 317439 16- Jan -2008 FUEL 317607 23- Jan -2008 COFFEE SUPPLIES 317606 23- Jan -2008 FUEL 317606 23- Jan -2008 FUEL 317440 16- Jan -2008 DEC /07 MEETING 317278 08- Jan -2008 MATERIALS 317109 02- Jan -2008 MATERIALS 317110 02- Jan -2008 CONTRACT SERVICES 317279 08- Jan -2008 CONTRACT SERVICES 317608 23- Jan -2008 SERVICE DEPOSIT REFUND 317442 16- Jan -2008 CONTRACT SERVICES 316899 20- Dec -2007 CONTRACT SERVICES 317112 02- Jan -2008 CONTRACT SERVICES 317443 16- Jan -2008 MATERIALS 317444 16- Jan -2008 CONTRACT SERVICES 317280 08- Jan -2008 CONTRACT SERVICES 317280 08- Jan -2008 CONTRACT SERVICES 317445 16- Jan -2008 CONTRACT SERVICES 317281 08- Jan -2008 PARTS 316900 20- Dec -2007 DONATION 317446 16- Jan -2008 TERAVIEW REPLENISH 317447 16- Jan -2008 ENDOWMENT AWARD 317192 08- Jan -2008 GROUP INSURANCE REMITTANCE Page 8 of 10 Amount 286.96 136.79 1,949.07 1,608.50 3,029.87 65.00 184.00 5,565.00 2,008.13 150.00 2,650.00 905.85 185.27 268.80 433.38 143.64 1,155.00 40.00 5,000.00 82.48 148.00 198,479.49 70, 711.88 678.00 599.61 473.48 335.37 2,071.24 207.84 68.90 982.23 991.84 669.49 136.61 750.00 9,000.00 253.05 158,205.98 15,447.34 3,420.00 7,999.23 279.30 199.50 1,779.54 136.80 271, 925.81 268,422.59 1,614.55 58,211.64 1,659.05 95,579.60 20, 072.59 610.25 1,749.61 2,499.92 25.64 282.76 78.66 606.28 94.74 750.00 2,706.21 537.43 196.61 43.87 6,970.51 5,005.69 5,005.69 153.90 506.57 5,000.00 10, 000.00 75.00 32, 814.43 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE JACKET CELLAR THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE SENIORS REVIEW TIM HORTONS STORE #30 TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TRI COMMITTEE OF ONTARIO TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC TROPHY SHOP THE TROY SPRINKLER LIMITED TVCOGECO TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UDELL,STEVEN UNITED LABORATORIES UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VALLEY BLADES LIMITED VALUE ADDED SYSTEMS INC VAN HOUTE COFFEE SERVICES INC CO 38 VICTORIA CENTRE BIA VIG,WAYNE VIG,WAYNE WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER EQUIPMENT LIMITED WATSON ASSOCIATES ECONOMISTS LTD WEIR FOULDS WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WHALEN,ALEXANDER WILSON,STEVE WINDJACK,JIM WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WORK EQUIPMENT LTD WORKING BYTES INC WRIGHT FUELS INC Cheque No. Cheque Date Purpose 317282 08- Jan -2008 MATERIALS 317113 02- Jan -2008 CONCESSION SUPPLIES 317283 08- Jan -2008 CONCESSION SUPPLIES 317609 23- Jan -2008 CONCESSION SUPPLIES 317284 08- Jan -2008 OFFICE SUPPLIES 317610 23- Jan -2008 SUPPLIES 317089 02- Jan -2008 REMITTANCE 317262 08 -Jan -2008 CONSENT FEES 317263 08- Jan -2008 DEVELOPMENT CHARGES 317264 08- Jan -2008 MATERIALS TRAFFIC 317591 23- Jan -2008 CONSULTING SERVICES 317592 23- Jan -2008 SERVICES -FIRE ORDERS Wire tsfr 27- Dec -2007 DEBENTURE INTEREST Wire tsfr 27- Dec -2007 COST SHARING -FIRE RECEIVER Wire tsfr 31- Dec -2007 WATER FLOWS LEACHATE CR Wire tsfr 02- Jan -2008 LABOUR /MATERIALS Wire tsfr 09- Jan -2008 COST SHARING PUMPING STN 317449 16- Jan -2008 ADVERTISING 317611 23- Jan -2008 ADVERTISING 317612 23- Jan -2008 ADVERTISING 317115 02- Jan -2008 MATERIALS 317285 08- Jan -2008 CONTRACT SERVICES 317450 16- Jan -2008 CONSULTING SERVICES 317117 02 -Jan -2008 CONTRACT SERVICES 317451 16 -Jan -2008 CONTRACT SERVICES 317613 23 -Jan -2008 CONTRACT SERVICES 317118 02- Jan -2008 REMITTANCE 317614 23- Jan -2008 MATERIALS 317452 16- Jan -2008 MATERIALS 317119 02- Jan -2008 MATERIALS 317615 23- Jan -2008 ADVERTISING 317286 08 -Jan -2008 TRAVEUMILEAGE 317453 16 -Jan -2008 TRAVEL/MILEAGE 317287 08- Jan -2008 STORES /INVENTORY 317288 08- Jan -2008 SAFETY SHOES 317454 16- Jan -2008 MATERIALS 316924 24- Dec -2007 PAYROLL REMITTANCE 317455 16- Jan -2008 CONSULTING SERVICES 317289 08- Jan -2008 COURIER 317290 08- Jan -2008 CONTRACT SERVICES 317456 16- Jan -2008 CONTRACT SERVICES 317616 23- Jan -2008 CONTRACT SERVICES 316925 24 -Dec -2007 CONTRACT GRASSY BROOK PUMP 317458 16- Jan -2008 CONTRACT GARNER SW SEWER/l 317617 23- Jan -2008 PARTS FOR PLOWS 317291 08- Jan -2008 EQUIPMENT 317292 08- Jan -2008 COFFEE SUPPLIES 317293 08- Jan -2008 07 4TH LEVY INSTALLMENT 317121 02- Jan -2008 TUITION REIMBURSEMENT 317294 08- Jan -2008 SAFETY SHOES 317296 08-Jan -2008 CONTRACT SERVICES 317459 16- Jan -2008 CONTRACT SERVICES 317618 23- Jan -2008 CONTRACT SERVICES 317295 08- Jan -2008 PARTS 317122 02- Jan -2008 CONTRACT SERVICES 317297 08- Jan -2008 CONSULTING SERVICES 316926 24- Dec -2007 PAYROLL REMITTANCE 317123 02- Jan -2008 PAYROLL REMITTANCE 317146 04- Jan -2008 PAYROLL REMITTANCE 317311 09- Jan -2008 PAYROLL REMITTANCE 317460 16- Jan -2008 PAYROLL REMITTANCE 317620 23- Jan -2008 PAYROLL REMITTANCE 317124 02- Jan -2008 STORES /INVENTORY 317461 16- Jan -2008 STORES /INVENTORY 317462 16- Jan -2008 SERVICE DEPOSIT REFUND 317621 23- Jan -2008 REFUND 317463 16- Jan -2008 TRAVEL/MILEAGE 317125 02- Jan -2008 CONTRACT SERVICES 317126 02 -Jan -2008 MATERIALS 317298 08- Jan -2008 GRANT 316901 20- Dec -2007 GRANT 317127 02- Jan -2008 EQUIPMENT 317128 02- Jan -2008 CONTRACT SERVICES 316902 20- Dec -2007 FUEL Page 9 of 10 Amount 141.93 2,705.75 957.21 3,166.98 67.80 166.11 150.00 2,500.00 408,024.90 14,992.91 488.25 11,951.00 45,481.87 30,109.43 1,505,620.44 17,921.45 244,676.17 11,699.95 742.00 503.50 66.63 4,184.40 29, 564.36 5,194.00 42,810.33 2,637.33 130.00 2,107.55 2,561.71 1,150.10 525.00 78.00 60.00 656.07 102.59 754.06 1,066.00 11,295.36 48.04 17,830.18 1,303.06 14,576.60 189,356.50 480,927.97 10,571.79 6,036.30 192.06 97,397.89 495.94 110.24 57.75 85.12 68.58 204.48 1,789.28 1,631.45 138.42 144.08 129.61 166.56 128.07 128.07 2,636.56 2,761.59 750.00 22.60 48.00 65.00 967.25 31,666.67 2,083.33 135,060.20 581.40 49,848.31 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 10 of 10 Vendor Name Cheque No. Cheque Date Purpose Amount WRIGHT FUELS INC 317130 02- Jan -2008 FUEL 19,179.14 WRIGHT FUELS INC 317299 08- Jan -2008 FUEL 3,374.92 WRIGHT FUELS INC 317464 16- Jan -2008 FUEL 21,934.83 WRIGHT FUELS INC 317622 23- Jan -2008 FUEL 5,501.93 WSIB 316903 20- Dec -2007 ADMINISTRATIVE 23,622.78 WSIB 317131 02- Jan -2008 ADMINISTRATIVE 2,454.72 WSIB 317300 08- Jan -2008 PAYROLL REMITTANCE 535.08 WSIB 317301 08- Jan -2008 PAYROLL REMITTANCE 274.67 WSIB 317465 16- Jan -2008 ADMINISTRATIVE 70,928.08 WSIB 317465 16- Jan -2008 ADMINISTRATIVE 1,609.67 WSIB 317623 23- Jan -2008 ADMINISTRATIVE 1,996.03 WWP ASSOCIATES EMERGENCY CONSULTING 317132 02- Jan -2008 CONTRACT SERVICES 5,555.75 WYLIE,BRENDA 317302 08- Jan -2008 P.CASH REIMBURSEMENT 327.18 YARNELL OVERHEAD DOOR 317133 02- Jan -2008 CONTRACT SERVICES 87.45 YARNELL OVERHEAD DOOR 317303 08- Jan -2008 CONTRACT SERVICES 694.61 YELLOW PAGES GROUP 317134 02- Jan -2008 ADVERTISING 15.53 YELLOW PAGES GROUP 317466 16- Jan -2008 ADVERTISING 15.53 YMCA 317467 16- Jan -2008 CONTRACT SERVICES 2,778.44 YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF CATHARINES O/, 316904 20- Dec-2007 DONATION 9,000.00 YWCA ST CATHARINES 316905 20 -Dec -2007 GRANT 5,181.83 ZABOR,RICK 317135 02- Jan -2008 SAFETY SHOES 148.01 ZAPPITELLI,A 317136 02- Jan -2008 SAFETY SHOES 150.00 Total 11,513,842.10 February 11, 2008 L- 2008 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: For the information of Council. BACKGROUND: Niag ar a cells CANADA Re: L- 2008 -07 Clarke proposed purchase from the City City -owned land abutting 2703 Detenbeck Road Our File No. 2007 -219 On June 12, 2007, the Legal Services department received a request from Cathy Clarke, 2703 Detenbeck Road, to purchase the property known as Part 2 on Plan 59R -6229 "subject lands The parcel is one -half of a closed road allowance that is the remainder of a transaction which took place in 1968 between the Township of Willoughby and the owner of the property that abuts the former road allowance on the opposite side from the Clarkes. At that time, the road allowance was closed, divided down the middle and offered to the neighbouring owners. The predecessors to the Clarkes and the owners of the property which abuts the Clarkes to the north, declined to purchase those parts of the closed road allowance which abutted their lands. The City of Niagara Falls tried to convey the subject lands to the abutting owners in 1987 and was unsuccessful. The Clarkes were not the owners of 2703 Detenbeck Road at that time. The City's Law Clerk responded to the Clarke offer by letter dated June 18, 2007, copy attached as Attachment "1 hereto. She then undertook a circulation of City departments, as required by the City's land sale policy. The requests for comments were sent out by the Law Clerk on June 18, 2007. Final comment from Staff was received August 22, 2007. It became apparent that the City could not accommodate the Clarkes without creating an isolated parcel. The isolated parcel would consist of that part of the subject lands which does not abut the Clarke holding and abuts 11415 Niagara River Parkway, at the rear (west). The City would end up being the owner of a parcel of land to which it would not have access. gara FaIIs, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services February 11, 2008 2 L- 2008 -07 The Law Clerk then attempted to contact the owners of 11415 Niagara River Parkway to see if they were interested in acquiring the part of the subject lands that did not abut the Clarkes' property. This letter was sent August 24, 2007. Having not received a response, she then sent a letter by registered mail to the owners of 11415 Niagara River Parkway on October 1, 2007. Having received no response to this second letter, on November 1, 2007, she then wrote to Mr. and Mrs. Clarke advising them that the City would not be prepared to convey the subject lands, in the circumstances. The Clarkes wrote again indicating that they believe that the City should convey the land that they wish to purchase. After further telephone conversations between the Law Clerk and Mr. Clarke, the City Solicitor wrote to the Clarkes on December 19, 2007, indicating that it is the intention of the City Solicitor to request revisions to certain of the City's land management policies and that once these policies are revised, the situation of the subject lands will be revisited. The Clarkes were given an estimate of June, 2008, as the time required to complete the necessary consultation. The subject lands can be seen in Attachments "2" and "3 Recommended by: Approved by: Respectfully submitted: K. Beaman /sm Attachments Ken Beaman, City Solicitor urden, Acting Director of Corporat- Services MacDonald, Chief Adminis ative Officer Frank Clarke Cathy Clarke 2703 Detenbeck Road RR #3 Niagara Falls, ON L2E 6S6 Dear Mr. Mrs. Clarke: Niag ar a all s CANADA June 18, 2007 Re: Clarke Proposed Purchase from the City City -owned land abutting 2703 Detenbeck Road Our File No.: 2007 -219 Your letter to Councillor Fisher dated June 8, 2007 regarding the purchase of City -owned land has been forwarded to me for action. I have circulated your request to various City departments for their comments, with a response deadline of July 9, 2007. Once I have received their comments I will contact you again to advise what the next step in the process is. I would like to briefly outline the procedure staff undertakes in response to any request to purchase City lands: 1. City divisions are contacted and asked if the Land is required for municipal purposes or if it is surplus to the needs of the City. 2. If the land is determined by staff to be required for City purposes, the proposed purchaser will be advised, in writing, that staff cannot recommend to Council the disposal of the land. 3. If the land is determined by staff to be surplus it may be recommended to Council that the land be declared surplus and sold. It will be at Council's discretion to determine as to how the land will be sold. Council may sell the land by any of the following methods: (a) direct sale; (b) public tender; (c) land exchange; (d) call for pr Working Together to Serve Our Community Corporate Services Department Legal Services Ext 5209 Fax 905 -371 -2892 (banks @niagarafalls.ca en Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca (e) public auction; (0 listing with a real estate agent; or by any combination of the above. /lb c. Councillor Shirley Fisher 2 4. Once the proposed purchaser has been determined, it will be necessary to obtain at least one appraisal from a qualified land appraiser of the fair market value of the land. The cost of the appraisal will be at the expense of the proposed purchaser, unless otherwise determined by Council. 5. Search title to land and order a reference plan, if necessary. The cost of searching and obtaining a reference plan will be at the expense of the proposed purchaser, unless otherwise determined by Council. 6. Give notice to the public of the proposed sale of the land. 7. Once the above has been completed we will require an Offer to Purchase, open for acceptance for sixty days together with a deposit, in the form of a certified cheque, in the amount of ten percent of the purchase price. 8. When we have received the Offer to Purchase, we will proceed to Council again for authorization to execute the Offer to Purchase. Once the Offer has been accepted and executed, we will contact your solicitor to make final closing arrangements. I hope this provides you with a brief explanation of the City's policy with respect to the sale of City owned land. If I can be of further assistance, please do not hesitate to contact me. Yours truly, Lynne Banks Law Clerk, Property 228 metres Jun 13, 2407 Protected by Copyright. Ray not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey_ For actual dimensions of property boundaries, see recorded plans and documents: Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 -360 -1190) 1 d as J H H N z I I 0 0 0 0 2 a O O N N N Q A (i3 N V V LIJ Q F-r 0 0 N 0 0 February 11, 2008 MW- 2008 -10 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -10 Consulting Services Agreement Clifton Hill Streetscape and Sidewalk Rehabilitation RECOMMENDATION: That the Mayor and City Clerk be authorized to sign the Consultant Services Agreement with Totten Sims Hubicki Associates for the Clifton Hill Streetscape and Sidewalk Rehabilitation for the upset limit of $17,750.00, excluding GST. BACKGROUND: Niag ara ails CANADA In 2007, the Clifton Hill B.I.A. along with HOCO, had meetings with City staff to identify areas of Clifton Hill that are in need of repairs. The degrees of repairs range from sidewalk rehabilitation to street hardware rehabilitation and the renewal of the streetlighting hydro circuit that is currently in poor condition. The current sidewalks have been in place for over 20 years and have served the area well, however, the current condition is deteriorating. City staff met with a representative from HOCO as well as representatives from Totten Sims Hubicki (TSH) with regards to the condition of the sidewalks mainly and also the hydro circuit. TSH has submitted a proposal to review the condition of the current sidewalks and hydro circuit along with the street hardware. After reviewing the current condition, a rehabilitation plan will be generated. The City may proceed with the rehabilitation plan when it feels necessary. Attached is a letter from the Clifton Hill B.I.A. and HOCO expressing their concern with the condition of the sidewalks and the electrical circuit. In accordance with the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00, Totten Sims Hubicki Associates has been selected to complete this work. Totten Sims Hubicki Associates has carried out similar work for the City of Niagara Falls in the past Staff is therefore recommending that they be retained for this work. eet, 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 February 11, 2008 2 MW- 2008 -10 Financing: Consultant Costs: Funding: 2008 Operating Budget Engineering Studies $17,750.00 Recommended by: Approved by: Respectfully submitted: $17,750.00 Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services John onald, Chief Administrative F. Tassone S :IREPORTS12008 Reports\MW- 2008 -10- Consultant Retention Clifton Hill Sidewalk Rehabilitation.wpd City of Niagara Falls Municipal Works City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Geoff Holman, CET Director of Municipal Works ENTERTAINMENT ENTERTA SORTS Tel. 905 358 -4786 Fax 905 357 -2340 January 17, 2008 Re: Maintenance /repairs to existing sidewalk and street lighting on Clifton Hill Dear Geoff, On behalf of HOCO Limited and the Clifton Hill BIA, !would like to submit this letter as a formal Letter of Request that the existing street lighting on Clifton Hill be repaired and corrected as required by a full electrical assessment, and also that the existing sidewalk paving stone conditions and grading be repaired, prior to the busy tourist season. As these systems have held up well over the last twenty years plus, it is now time that a complete sweep of the street be undertaken in order to reduce the many trip hazards and related liabilities to the City, and at the same time extending the life span of these systems without the financial burden of a complete removal and reconstruction operation. Thank you for your attention to this matter. Robert A. Capitano, CET, BSSO, CBCO Manager of Development HOCO Limited cc. Frank Tassone, Project Manager, CNF Harry Oakes, Clifton Hill BIA January 24, 2008 Geoff Holman, C.E.T. Director of Infrastructure Services Municipal Works Engineering and Operations Division P.O. Box 1023 4310 Queen Street Niagara Falls, ON, L2E 6X5 Dear Mr. Holeman: Yours very truly, R UH engineers architects planners Graeme Guthrie, C.E.T. Manager, Municipal Projects GG G:\Proposal \Clifton Hill\Proposal 01- 24- 08.doc Totten Sims Hubicki Associates 30 Hannover Drive, Suite 3 St. Catharines, Ontario, Canada L2W 0A1 (905) 682 -0212 Fax: (905) 682 -4495 E -mail: niagara @tsh.ca www.tsh.ca Re: Clifton Hill Business Area, In the City of Niagara Falls As requested, we are pleased to submit a Fee Proposal for the provision of engineering services on the above noted project. These services shall include: submission of the concept alternatives and associated costs to the City of Niagara Falls. This submission confirms our understanding of the project scope, summarizes the proposed schedule of fees and outlines our approach to undertaking this assignment. If you are in agreement with this proposal, please sign a copy of this letter in the space provided and return the signed copy representing your authorization to proceed with this work to the undersigned. We appreciate this opportunity to provide you with our proposal, and look forward to working with you on this project. Clifton Hill Business Area Proposal for Engineering Services January 24, 2008 1. PROJECT UNDERSTANDING The Clifton Hill business area is at the heart of the dining and entertainment district within the City of Niagara Falls, and contains many of the major Niagara Falls attractions and dining establishments. The area streetscape has been designed to enhance the visitor's experience, but is now well over 20 years old and in need of repair. Throughout the years the addition of new attractions, repairs to the aging infrastructure and failure of the street lighting system have deteriorated the Clifton Hill experience. It is the intention of the City of Niagara Falls in collaboration with the Clifton Hill BIA to revive the area to ensure that Clifton Hill remains as one of the main destination points for visitors to Niagara Falls. This revitalization will be accomplished through the careful planning of rehabilitation methods to tie the original streetscaping features in with newer streetscape features of current development. 2. SCOPE OF WORK This proposal provides a cost for engineering services to prepare two separate concepts for the rehabilitation of the Clifton hill area. The concepts developed will include budgetary level cost estimates for each concept. The following provisions have been made in this proposal: TSH will prepare plans at 1:500 (Base plan information provided by the City); TSH will prepare budgetary cost estimates; 4 Existing light standards will remain; TSH will meet with members of City staff and the Clifton Hill BIA to discuss and refine two alternative concepts. The alternative concepts to be developed are noted as follows: Alternative 1— Maintenance Only 4 Works shall be carried out within 1.5m of existing curb; Electrical repair work as needed; 4 Minor tree replacement and walkway repairs. Alternative 2 Rehabilitation 4 Electrical upgrades; 4 Repairs to existing walkways as needed including minor regarding; 4 Changes Upgrades to existing street vegetation and streetscape furniture; 1 Clifton Hill Business Area Proposal for Engineering Services January 24, 2008 3. WORK PROGRAM The tasks associated with the project are identified as follows: 4. WORK SCHEDULE 5. REQUIREMENTS FROM THE CITY OF NIAGARA FALLS 2 Co- ordinate Utilities Co- ordination with various utilities to establish existing conditions and plant location. Site Reviews A detailed site review will be carried out to determine the status of existing conditions including landscape features and electrical infrastructure, and also identify key repair areas. Liaison with City and BIA Staff Continued liaison with the City of Niagara Falls and the Clifton Hill BIA will be crucial to fulfilling the project goals. This will also include meeting key individuals from the City to review the electrical and landscaping on site. Prepare Concept Plans Based on the results of our site reviews, and liaison with City staff, concept plans for each alternative will be prepared identifying the extents of proposed works. The concept plans will be developed using aerial base plans enhanced with information gained from existing base plans of the area. Prepare Cost Estimates Based on the extent of the proposed works, cost estimates for budgeting purposes will be prepared for each alternative. Review Alternatives Plans of each alternative will be submitted to the City and BIA for review. A review meeting workshop will be held to finalize the requirements of each alternative. Revise Drawings The drawings will be revised based on comments during the review meeting. Cost estimates will also be reviewed to ensure that any changes to the alternatives are reflected. Final drawings will be submitted to the City once complete. The schedule will be reviewed with City staff and finalized at that time recognizing obligations on the part of all parties involved. Timely completion will also be contingent on the expeditious review of submissions, and requests for direction to City staff. We anticipate ongoing dialogue throughout the course of this project as reflected in our work plan at critical points in the process to review progress and resolve issues. To assist with this process, we anticipate client input as follows: Provide base plan information and assist with utilities information activitiy; 4 As necessary to review and authorize the provision of additional services such as may be required to resolve project specific issues; 4 Attendance as required with TSH staff at meetings with Clifton Hill BIA and utilities; 4 Review of final designs and cost estimates; Clifton Hill Business Area Proposal for Engineering Services January 24, 2008 6. PROFESSIONAL FEES Our professional fee for this assignment described above is estimated to be $17,750.00 plus GST. The fee breakdown is as follows: Grading and Roadworks $4,500.00 Landscape Streetscape $4,250.00 Electrical $3,500.00 Topographic survey and base plan $4,000.00 Disbursements $1,000.00 Administration and Coordination Liaison $500.00 AAA as\ Vt 5 a��i� 7. PROJECT MANAGEMENT TSH contacts responsible for this project will be Tim Stuart, P.Eng Project Director and Graeme Guthrie, C.E.T. Project Manager 8. PROFESSIONAL LIABILITY COVERGE TSH maintains professional liability coverage in an amount of $5 million, and general liability coverage in an amount of $5 million, per occurrence. 3 Totten Sims Hubicki Associates (1997) Ltd appreciates the opportunity to make this submission for the provision of engineering services relating to this local improvement project. We are prepared to commence these activities immediately upon receiving your authorization to proceed. February 11, 2008 PD- 2008 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara all s CANADA Re: PD- 2008 -11 Matters Arising from Municipal Heritage Committee RECOMMENDATION: That Council adopt the recommendation of the Municipal Heritage Committee regarding the inclusion of the Welland River in the proposal by the Regional thi Municipality of Niagara for a National Historic Site designation of the Welland Canals and that the extent of the nomination include the Welland River from bank to bank and extending from the Niagara River to the City boundary. That Council adopt the recommendation of the Municipal Heritage Committee to accept the quotation from Drew Chapman Carpentry for the restoration of the windows at the former Willoughby Township Hall. That Council receive the recommendation from the Municipal Heritage Committee of support in principle for the expansion of the Lundy's Lane Historical Museum, as detailed in this report. 4. That Council proclaim the week of February 18 -24, 2008 as Heritage Week 2008. BACKGROUND: The Municipal Heritage Committee held its regular monthly meeting on January 23, 2008. Four matters require Council's consideration: 1. inclusion of the Welland River from bank to bank within the City's boundary in the Regional Municipality's request to have the Welland Canals designated as a National Historic Site. The attached report (PD- 2008 -05) provides additional background information regarding the request to designate the Welland River as a historic site. The Welland River is first Welland Canal system. Aerial images of the area along the Wel er, reveal no visible towpaths or remnant structures that 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 Community Services Department Planning Development February 11, 2008 2 PD- 2008 -11 would normally be associated with a canal in the early 1800's. There is no record of any on -shore activity remaining due in part to the passage of time, plus the disturbance of the ground that occurred when the hydro development activity occurred along the Welland River. Based on this, it is reasonable to consider the area to be nominated as the River itself from bank to bank. Lands that abut the river banks are both privately and publically held. Because national historic sites are not protected through designation at the Federal Government level the inclusion of the River in the Historic Sites Register would not have any implications on the use of these properties and there would be no restrictions on the use of the River. The Municipal Heritage Committee made the following motion: "That the Municipal Heritage Committee endorses the inclusion of the Welland River in the proposal by the Region for a National Historic Site Designation of the Welland Canals, and that the extent of the nomination include the Welland River from bank to bank from the Niagara River to the City boundary." 2. Restoration of the Windows at the Willoughby Township Hall The attached report (PD- 2008 -09) will provide additional background information regarding the Municipal Heritage Committee's recommendation to accept the quotation from Drew Chapman Carpentry for the restoration of the windows at the Willoughby Township Hall. The recommendation of the Municipal Heritage Committee is as follows: That the Municipal Heritage Committee recommend Drew Chapman Carpentry conduct the restoration of the windows at the Willoughby Township Hall. The recommendation to Council was made by the Municipal Heritage Committee due to the timeline for the completion of the work and a pending celebration planned by the Willoughby Historical Society in May, 2008. 3. Expansion of the Lundy's Lane Historical Museum The Municipal Heritage Committee was given a presentation of the concept plans for the expansion of the Lundy's Lane Historical Museum. This presentation was made to the Municipal Heritage Committee as the building is a designated heritage property, and as such, any alterations or restoration plans are required to be reviewed by the Committee. Due to the lack of details in the presentation by the architectural firm working on the museum expansion, the Municipal Heritage Committee made the following motion: "That the Municipal Heritage Committee supports the expansion of the Lundy's Lane Museum in principle, more particularly, the proposed new building as presented and the linkage of the new building and the existing building." February 11, 2008 P.Boyle:mb Attach. It is the understanding of the Municipal Heritage Committee that the Museum Board will be making a presentation at a future Council meeting. Any details on the design of the expansion should be referred back to the Municipal Heritage Committee once submitted. 4. Heritage Showcase Kick -off Event to Heritage Week 2008 Since 1974, Heritage Canada has recognized the third Monday in February as Heritage Day. In 1985, the Province of Ontario expanded this program to become Heritage Week due to Ontario's rich and diverse heritage. The theme for Heritage Week comes from the Heritage Canada Foundation. This year's theme is "Engaging Citizens in Community Conservation" The Municipal Heritage Committee adopted the following motion: "That Council proclaim the week of February 18 to February 24, 2008 as Heritage Week in the City of Niagara Falls." A proclamation is included in tonight's Council agenda. Various displays are being planned for a three day kick -off event at Niagara Square being held Friday, February 15, through to Sunday, February 17, 2008. Recommended by: Approved by: Respectfully submitted: S: \PDR\2008 \PD- 2008 -11, Matters Arising MHC.wpd Alex Herlovi Director of Planning Development Ed Dujlovic, xecutive Director of Communi Services 3 PD- 2008 -11 cDonald, Chief Administrative fficer =January 23, 2008 PD- 2008 -05 Chair, Sharon Shearing and Members of the Municipal Heritage Committee City of Niagara Falls, Ontario Members: Re: PD- 2008 -05 Welland River to be Included in National Historic Site Designation of Welland Canals RECOMMENDATION: Niag ara all CA A N A That the Municipal Heritage Committee recommend to Council that they endorse the inclusion of the Welland River in the proposal by the Region for a National Historic Site Designation of the Welland Canals, and that the extent of the nomination include the Welland River from bank to bank from the Niagara River to the City Boundary. BACKGROUND: At the Council meeting held on July 23, 2007, Regional Councillor Bruce Timms made a presentation regarding a National Heritage Designation for the Welland Canals, which would include the Welland River. Council adopted a motion at that time to support, in principle, the designation of the Welland Canals Corridor as a National Heritage corridor. Since that time, staff has been involved with the Region and the other municipalities to move forward with the designation process. The Region has met with the head of Research for Parks Canada who spent several days in the area touring the canals and has advised that they would be willing to bring forward a recommendation to the Nominating Committee of Parks Canada, who are responsible for naming National Historic Sites. The background research has been conducted by Parks Canada and the next step in the process is for each municipality to delineate what should be included in their respective nomination areas. The City of Niagara Falls has been asked by the Region, to delineate the boundary of Welland River from where it joins the Niagara River in Chippawa, west to the City boundary. It is noted in George Seibel's book "The Portage Road" (1990), the Chippawa Creek was the southern terminus of the First Welland Canal and operated for a period of 4 -5 years beginning in 1829.:,pgy 217) This portion of the Welland River was utilized as Working Together to Serve Our Community Community Services Departmi Planning Development January 23, 2008 2 PD- 2008 -05 another route to Lake Erie via the Niagara River. Initially, natural waterways were used as much as possible as they presented the fewest construction difficulties and would have been the most economical route between the lakes, for what was originally planned as a barge canal. Aerial images of the area along the Welland River, reveal no visible towpaths or remnant structures that would normally be associated with a canal in the early 1800's. There is no record of any on -shore activity remaining due in part to the passage of time, plus the disturbance of the ground that occurred when the hydro development activity occurred along the Welland River. Based on this, it is reasonable to consider the area to be nominated as the river itself from bank to bank. There are approximately 97 properties that abut the river. The properties are both public and privately held. These owners would be notified of the inclusion of the river in the National Historic Sites register. The inclusion of the river in this register would not have any implications on the use of their property, unless there was to be a request from the Historic Sites and Monuments Board to erect a bronze plaque or cairn on their property. The next step in the process would be for the Municipal Heritage Committee to recommend to Council that the boundary of the area along the Welland River be included in the nomination. Recommended by: P.Boyle:mb Attach. S: \PDR120081PD- 2008 -05, MHC Welland River.wpd Alex Herlovitch, Director of Planning Development Niagara Region REPORT TO: Co- Chairs and Members of the Planning and Public Works Committee SUBJECT: Possible Designation of the Welland Canals as a National Historic Site RECOMMENDATION That this Committee recommend to Regional Council:. 1. That this report be received for information. PURPOSE EXECUTIVE SUMMARY FINANCIAL IMPLICATIONS This report has no significant financial implications for Regional. Niagara. DPD 4 2008 January 9, 2008 File: D.14.A.34.34 This report responds to an information request made through the Minutes of the Planning and Public Works Committee meeting of November 21, 2007. The Minutes of the November 21, 2007 meeting of the Planning and Public Works Committee directed staff to: Prepare a written report on the Canals Corridor Historical designation including that the Designation will not impede development and economic goals and demonstrating how the Designation will reflect Smart Growth (see Minute 481). This report indicates that a National Historic Sites designation will not impede development and that it could assist in realizing some of the goals of Smart Growth. As such it could encourage, rather than hinder, new development within and near the area affected by a designation. REPORT DPD 4 2008 January 9, 2008 Page 2 The Welland Canals Corridor is a key part of the Regional community. In recent years, Regional Niagara, the area municipalities, senior governments and the public have cooperated in the development of the Welland Canals Trail, and its extension into the Greater Niagara Circle Route Trails System. As a follow-up to the above work, Regional Council is considering the designation of the Welland Canals as a National Heritage Site as part of its Business Plan. In pursuit of the designation Regional and local municipal representatives recently met with various Federal officials and local Members of Parliament. in Ottawa to emphasize the priority given to this designation by the local community. In response to that meeting a staff representative from the Historic Sites and Monuments Board of Canada contacted Regional staff about arrangements for a site visit to assess the potential of the Welland Canals as a heritage resource suitable for designation. As a result of the above discussions, Mr. Marc de Caraffe, Research Manager, Historical Services Branch, National Historic Sites Directorate, visited Niagara on Tuesday, November 20 and Wednesday, November 21, 2007. On both those days, Mr. Caraffe toured the area accompanied by staff, Regional political representatives and heritage experts. On Tuesday, November 20, the delegation included Mr. John Burtniak, President of the Historical Society of St. Catharines, Mr. Alun Hughes, from the Geography Department of Brock University, and Mr. Roger Bradshaw from St. Catharines, both of whom are extremely knowledgeable about the canals heritage and the former locks. As well Regional Councillor D. Bruce Timms was in attendance as was George Nicholson, Regional staff. On Wednesday, November 20, the above group was joined by Mr. Bill Lewis, a well known local historian and author along with Regional Councillor George Marshall who replaced Regional Councillor D. Bruce Timms. Mr. Dave Schulz, a staff representative from Mr. Rick Dykstra M.P.'s constituency office also attended part of the tour on both days. Mr. de Caraffe returned to Ottawa and will prepare a report for consideration by the Historic Sites and Monuments Board which will make a recommendation regarding designation to the Minister of the Environment who makes the final decision. In discussion with Mr. de Caraffe, it was clear that the designation of boundaries to any possible designation area was an important consideration. In pursuit of that, a meeting was convened with the area municipal planners for St. Catharines, Thorold, Welland, Port Colborne, Niagara -on- the -Lake, Niagara Falls and Wainfleet on Tuesday, December 4, 2007 with a view towards pursuing the identification of boundaries. Implications of a Designation The wording from the Historic Sites and Monuments Board of Canada website regarding the implications of a designation is attached as Appendix 1. That section provides information on what the designation as a National Historic Site would mean for development. The final paragraph of the material clearly indicates the following situation: "The success of the national commemoration program, as it relates to national historic sites, is founded on the cooperation of property owners, and of provincial and territorial govemments. The protection of national historic sites, other than those owned by Parks Canada, is the responsibility of provincial and territorial govemments, because they hold jurisdiction over private property. Because national historic sites of Canada are not protected through designation at the federal level, private owners of these sites are encouraged to place their property under the legal protection of provincial or territorial heritage legislation." Thus, in summary, the Federal designation as a National Historic Site would not affect development within the area designated or its environs. If any limitation on development was to be proposed it would have to occur through the Ontario Heritage Act which is the relevant provincial legislation. Relationship of a Designation to Smart Growth Regional Council also asked staff to report on the possible relationship between a potential designation of the Welland Canals as a National Heritage Site and Smart Growth. The main aspect of Smart Growth which could potentially benefit from a designation is the redevelopment and intensification associated with it. A designation as a Federal Historic Site could provide an incentive to developers and property owners to take advantage of that by developing attractive properties near the areas involved in the designation. Where these are within the urban areas, as they are in most cases, this could attract new development within the already serviced area thereby increasing the density of development within the urban areas and improving the efficiency of the servicing investments. In cases where there are vacant lots or properties or Brownfields, these could be redeveloped either through infill or creative reuse of empty buildings. Thus a designation could be an incentive, rather than a hindrance, to new development. Submitted by: Approved by avi J. Far ey Director of Planning Services Mike Trojan Chief Administrafficer DPD 4 2008 January 9, 2008 Page 3 This report was prepared by Georg c olson, Associate Director, Policy /Implementation. APPENDICES Appendix I Information about the Designation Program Page 4 Historic Sites and Monuments Board of Canada Historic Sites and Monuments Board of Canada About the Designation Program Impli... Page 1 of 1 Welcome About the HSMBC About Designations Designation Process information Requirements for a Nomination implications Criteria and Guidelines Commemorative Plaques Heritage Policies Heritage. Links .List &Publications Contact Information: Executh e.Secretary Historic Sites and 1liloriiarrients Board of Canada 5th 'Floor, 25 Eddy Street 'Gatineau, Quebec KIA 0M5 Tel: (819) 997 4059 Fax: (819) 934 -1115 hstribc- clmhcepc.gc.ca APPENDIX i Historic Sites and Morturlianta Commission des Hetet et Board of Canada monuments Nstoriques du Canada Francais About Designations Contact Us Help Search The most common form of commemoration entails the installation of a bilingual bronze plaque at a location that is closely associated with the subject being marked. Parks Canada negotiates agreements with land owners for permission to install plaques and cairns, and is responsible for their maintenance. In addition, national historic sites may be commemorated in other ways; but only in the most exceptional circumstances and with the site owner's permission. These activities may include agreements, financial assistance under Parks Canada's National Historic Sites of Canada Cost Sharing Program, or acquisition of property for conservation and presentation purposes. DPD 4 2008 January 9/08 Pa ge 4 Canada Canada Site Designation of National Historic Sites, People and Grave Sites of Canadian Prime Events Ministers Heritage Railway Stations Department of Canadian Heritage Parks Canada Implications of the Designation The Parks Canada Agency is responsible for the commemoration of national historic sites, people and events as determined by the Minister, upon the advice of the Historic Sites and Monuments Board of Canada. Charlottetown .City Hail National Historic Site.of Canada; Prince Edward Island Parks Canada HRS 0141 The success of the national commemoration program as it relates to national historic sites, is founded on the cooperation of property owners, and of provincial and territorial governments. The protection Of national historic sites, other than those owned by Parks Canada, is the responsibility of provincial and territorial governments, because they hold jurisdibton over property. Because national historic sites ofCanada are: not profe.gted through designation at the federal level, private owners of these sites are .epcouraged to place their property under the legal protection of .provincial. or• territorat heritage legislation. Last Updated: 2004 -01 -14 Impotant Notice January 23, 2008 PD- 2008 -09 Chair, Sharon Shearing and Members of the Municipal Heritage Committee City of Niagara Falls, Ontario Members: Re: PD- 2008 -09 Restoration of Windows at Willoughby Township Hall 11211 Sodom Road RECOMMENDATION: That the Municipal Heritage Committee recommend to Council that the attached quotation from Drew Chapman Carpentry be approved at a cost of $10,584.00 for the scope of work to be carried out for the restoration of the windows at the Willoughby Township Hall. BACKGROUND: Niag aura. a lts CA NADA The City of Niagara Falls is the owner of the property located at 11211 Sodom Road, the building known as the former Willoughby Township Hall. The property is a designated property under the Ontario Heritage Act. As a designated property, any restoration work should be approved by the Municipal Heritage Committee prior to initiation of the work. The Municipal Heritage Committee has been in consultation with two restoration contractors regarding the repair and restoration of the windows. The work had been deferred in order that the Committee could received further details on the work to be done. The attached table summarizes the work proposed by each contractor and the estimated cost. As the table illustrates, Drew Chapman Carpentry proposes to do the work sooner and at a lower cost than Jim Alexander. Based on this, staff is recommending that the work be awarded to Drew Chapman Carpentry. The restoration of the windows has been budgeted under the City's Building and Maintenance budget. Recommended by: P.Boyle:gd Attach. S: 1PDR\20081PD- 2008 -09, Willoughby Hall Wi *Re oration- MHC.wpd Alex Herlovitch, Director of Planning Development Working Together to Serve Our Community Community Services Department Planning Development 0 O 7 O O w re 0 0 J J 0. Z m 0 -J 0 O O a 0 U N 1-- 00 1- 5 y 1- 0 U Z 0 1 w 0. 2 I- 0< U Co) 0 CO (O CO O c) a) .a -Q a) a w 5 N a v a) -15 co fi O a p) O O C D 0 B N .>4) O O N t 0 a) wow 5 O a3 E 1 L.. O t E C y ._C N O C N N s -D 0. O O O 0 O O "0 U).0 D O N �'0 cc� M 4 I_CU a 0��.(12 0 N O 4 :ii. O 0) 0 D. 3 O '0 0 3 V) o� 0 0 0 O O O O (1) cZ'3 O'O C v' v im' U C C 3�No 0Wil L Oao u) x N co c w 11- i 1 o L s o v) co ID O O 1) C C co 0 0 co o v) o g c O co o O N- N :g 0 v)� C Q C r _Cl) V) O E N c p a O Ti co O O U) u) gcr 'D N C V CO C N a; a) O N •C E y N O p) v i Y O 8 as N w Ee ac c 0: c 2 c O 3 i al s w c E a O U c 3 L- c 00 FROM THE FRIENDS OF FORT GEORGE December 10, 2007 Ms_ Peggy Boyle, Assistant Planner City of Niagara Falls 4310 Queen Sr., Box 1023 Niagara Falls, ON L2E 6X 5 FAX NO. 905 468 7681 Dec. 10 2007 08:38PM P1 JIM ALEXANDER Built Heritage Consultant RECEIVE:;:.; DEC 1 12;1'3 PLANNING DEVELOPMF Y Dear Ms. Boyle RE: Restoration of Windows at Willoughby Township Hall As requested, 1 have investigated the condition of the window sash at the Willoughby Township Hall on Sodom. Road. This classical revival hall was erected in 1877 and consists of a 25' x 40' frame, clapboard building, one storey high. The building retains its original window sash the original half round, four- over -four windows (two on the south side, three on the north side and two at the front.) The eighth window was removed for an addition. Only one window retains the original sash cord and counterweights. I believe that the original glass has been replaced with modern glass. The stiles and bottom rails on the Tower sash are beyond repair. The sills, and in some cases the window jams, are also compromised. The solution for th res toration: I. One over -one wooden stories windows will be fabricated and installed 2. The existing four over -four sash be removed and restored with the rotted elements replaced. As part of the restoration the windows are dis- assembled, stripped and the glass removed. The elements are then re- assembled, painted and then re- glazed 3. At the time that the restored windows are re- installed, the rotted sills and jams are restored and/or replaced. The sash cord is replaced and made operational with counter weights. The final product would beseven, single -hung, fully operational windows with added storms. This will provide a fairly airtight, double glazed operational windows. The cost of the restoration of the seven windows, including the storms is $13,000 20% contingency applicable taxes. 716 King St eec, P.O. gear 283, Niagara-on -fie -Lake, Ontario, LOS 1J0 Phone/fax: 905-46 8-.7681- a -mail: ff$ compursn.on,ca U.LI 1IWZObb lb: 'L4 'JUOZbLb1C1z RECEIVED JAN 1 4-2008 PLANNING DEVELOPMENT City of Niagara Falls 4310 Queen Street Niagara Falls, Onto L2E 6X5 Attention: Peggy Boyle RE: Willoughby Town Hall storms. Drew Chapman 'nr- 4riYir -rev Drew Ch apnan Carpentry Division of 716988 Ontario limited 4VOTATION January 9' 2008 To remove, repair as necessary and reglaze 14 sash from 7 windows. To =move inside aluminum storms and make lower sash operational. To manufacture, fit and install 7 wood fame storm windows. To repair as necessary 1 window sill. To prime sash and Our price, not including GST 510.080.00 (ten thousand and eighty dollars). This price reflects a 5% increase from our previous quotation dated February 20` 2006. Work to be completed by April 30/08 to allow for painting by others. Trusting this to meet with your approval. RR 1, 1717 York Road, Niagara- On -Thej a1►e, Ontario LOS ,1)0 (905) 262 -6105 Tickets Issued 2727 Value of Tickets $56,450.00 Nov. 1 Dec. 11 Issued Tickets Paid through 99 Value of Tickets $1,975.00 Value of Actual $2,506.00 "Toys" Program Issued Contributions February 11, 2008 TS- 2008 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falis, Ontario Members: Niag ara ce lls c A N A D A Re: TS- 2008 -12 Response to "Toys for Tickets" Campaign RECOMMENDATION: That Council make the "Toys for Tickets" an annual program. BACKGROUND: In October, Council directed staff to proceed with the implementation of the "Toys for Tickets" campaign. All parking violations issued between November 1, 2007 and December 11, 2007 were eligible to be paid through this program. The following outlines the ticket values, and amounts contributed to the Salvation Army and Project S.H.A.R.E. As noted, the City received better than 26% more than the face value of the ticket in gifts, coupons and gift cards. This amount was divided equally between the two concerned charitable agencies. City staff, Councillors and local ticket recipients were interviewed by the Niagara Falis Review as well as by CBC TV. This generated much goodwill to the Municipality. It has been generally acknowledged a success to the agencies and to all who participated. 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 Transportation Services February 11, 2008 Recommended by: Approved by: Respectfully submitted: 2 Karl Dren; Dire of Transportation Services is ecutive Director Dujlovic, ector of Community Services John MacDo Chief Administrative Offic r Sue Wheeler S:1General Administration\GA 1.01 Reports12008 Counci1102 Feb 111TS- 2008 -12 Response to Toys for Tickets.wpd Working Together to Serve Our Community TS- 2008 -12 No. Moved by Councillor Seconded by Councillor The City of Niagara Falls, Ontario Resolution WHEREAS the Corporation of the City of Niagara Falls employs School Crossing Guards at various identified crossings throughout the municipality; and WHEREAS the Corporation is committed to ensuring the safety of any individual, especially school children and crossing guards, at these crossings; and WHEREAS at certain crossings in the City, there have been several vehicles that have not followed the guard's direction and have travelled through the crossing while children were on the road; and WHEREAS although the Province recently increased driver failure to yield to pedestrian offenses to $150, these have not been enough of a deterrent. THEREFORE BE IT RESOLVED that the Province consider increasing fines for failure to yield to crossing guards to possibly as much as $500 to act as a true deterrent and preserve the safety of our school children and crossing guards; and FURTHER BE IT RESOLVED that this resolution be forwarded to the Honourable Jim Bradley, Minister of Transportation, Kim Craitor, M.P.P. and the Ontario Traffic Conference; and FURTHER BE IT RESOLVED that the Niagara Regional Police continue to target problematic crossings in our community, such as at Thorold Stone Road and St. James Avenue. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to authorize the execution of an Agreement of Purchase and Sale with John Belli respecting the purchase of lands described as Part of Lot 179, Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule "B" in the attached Agreement of Purchase and Sale. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated January 16, 2008, and made between John Belli and The Corporation of the City of Niagara Falls for the property described as Part of Lot 179, Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule `B" in the attached Agreement of Purchase and Sale, subject to such terms and conditions as set out in the said Agreement of Purchase and Sale, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 11, 2008. February 11, 2008. February 11, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, John Belli the following REAL PROPERTY: Address 8240 McLeod Road and legally described as Part of Lot 179, in the Geographic Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedules "B" and "C" attached (the "property PURCHASE PRICE: Dollars(CDN$ DEPOSIT: Purchaser submits Dollars (CDN$ (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. The Vendor makes no representations nor gives any warranties with respect to the suitability or fitness of the property for any use contemplated by the Purchaser nor makes any representations or gives any warranties with respect to the environmental issues or concerns and the Purchaser agrees to accept the property on an "as is" basis. SCHEDULES) "A "B" and "C" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4 :30 p.m. on the 29 day of February 2008 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 31s' day of March 2008. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905) 357 -0501 (For delivery of notices to Vendor FAX NO. (905) 371 -2892 (Fur delivery of notices to Purch 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to (included in /in Addition to) G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 14 day of March,2008 (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use (light industrial and minor commercial) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for. completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS (Witnessl IWitnessl I, the Undersigned Vendor, agree to the above Offer. IP�rcha serf R.T. (Ted) Salci, Mayor (seal IWitnessl IPur.aser) Dean Iorfida, City Clerk clean DATED AT Niagara Falls this day of 2008 SIGNED, EALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my han and seal: 41 d o John Belli (seal) (Vendor) a.m. /p.m. this day of 20 DATE DATE DATE (71 (o$ DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at 15igna tur J ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. wondor, John Belli (905) 357 -0500 Tel.No. DATE DATE (905) 357 -0501 FAX No. THE CORPORATION OF THE CITY OF NIAGARA FALLS R.T. (Ted) Salci, Mayor DATE DATE (Vendor) tr,,,cna:e, Dean Iorfida, Clerk Address for Service: Address for Service: The Corporation of the City of Niagara Falls, 4310 Oueen St., P.O. Box 1023. Niagara Falls, Ontario, L2E 6X5 Tel. No. Tel. No. (905) 356 -7521 Vendor's Lawyer Rocco Vacca, Sullivan Mahoney Purchaser's Lawyer Kenneth L. Beaman Address Barristers Solicitors Address 4310 Oueen Street, P.O. Box 1023 4781 Portage Road, Niagara Falls, Ontario Niagara Falls, Ontario, L2E 6X5 (905) 356 -7521 Tel. No. (905) 371 -2892 FAX No. SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE 8240 McLEOD ROAD CITY OF NIAGARA FALLS PURCHASER: The Corporation of the City of Niagara Falls VENDOR: John Belli 1. It is understood and agreed that the land to be conveyed herein, including the Easement, is subject to a Survey to be prepared at the expense of the Purchaser. 2. It is understood and agreed that the Purchase Price of $65,000.00 includes compensation for the land required for the widening of the Road Allowance for McLeod Road/Kalar Road as shown on Schedule "B" attached hereto, together with and including compensation for the permanent Easement as shown on Schedule "C" attached hereto. 3. It is understood and agreed that the Purchase Price of $65,000.00 includes compensation for any and all claims for injurious affection pursuant to the Expropriations Act, R.S.O. 1990. It is understood and agreed that the existing most westerly motor vehicle entrance will be permanently closed as a result of the reconstruction of McLeod Road. It is further understood and agreed that the two remaining motor vehicle entrances will be reconstructed in the existing locations in accordance with City standards. 5. It is understood and agreed that during the reconstruction of McLeod/Kalar Road the Purchaser (the City) or its contractors will remove the existing pylon sign located on the land to be conveyed herein. It is further understood and agreed that, in addition to the Purchase Price of $65,000.00, the Purchaser (the City) will pay a further sum of $2,500.00 to the Vendor on closing for the loss of the said sigh. 6. It is understood and agreed that the permanent Easement to be conveyed herein is for the purpose of constructing, using and maintaining stormwater management facilities (box culvert) and works related thereto. Subject to minor amendments by the Purchaser's Solicitor, the terms and conditions of the said Easement are set out in Schedule "C" attached hereto. 7. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of the City of Niagara Falls City Council. 8. It is understood and agreed that the Purchaser (the City) will pay the Vendor's reasonable legal costs required to complete this transaction, estimated at approximately $5,000.00. 9. The terms and conditions contained herein do not merge on closing. 4b. KALAR ROAD [c KALAR ROAD RECONSTRUCTION OF KALAR ROAD PROPOSED CULVERT DESIGN (WARREN CREEK CROSSING McLEOD KOAD SCALE 1 100 MAY 3, 2007 yy SO N Ir'' vv rz ayg D ='O m Oa O m g:p m Z. Cn o O 3J iw 3 m 3 0 o :m m m o O ,m c: This is an easement in gross. SCHEDULE "C" The Transferor hereby transfers, sells, grants and 'conveys in perpetuity to the Transferee, its successors, assigns, servants, agents, contractors and workmen, a free and unencumbered easement upon, under, along, over, across and /or through the lands described as on Plan being Parts on Reference Plan in the City of Niagara Falls, hereinafter referred to as the Easement Lands, to enter, lay, construct, install, operate, maintain, inspect, alter, repair or replace any such municipal services or surface drainage works, including all other works as required by the Transferee "the Works together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to the Transferee, its successors, assigns, servants, employees, agents, contractors and workmen for ingress and egress at any time and from time to time over, along and upon the Transferor's lands abutting the Easement Lands on foot and or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the easement hereby transferred. The Transferee shall have the right at any time and from time to time to remove any boulder or rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on or under the Easement Lands. The Transferor covenants to keep the land clear of all brush, trees and other obstructions save and except for the Works constructed together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment as may be necessary for the use of the easement. The Transferor shall have the right to use and enjoy the surface of the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Transferee hereunder. Without limiting the generality of the foregoing, the Transferor shall not, without the prior written consent of the Transferee, place, erect or permit the erection on the Easement Lands any building, structure, fence foundation, or other obstruction of any nature whatsoever so as to obstruct, hinder or prevent the exercise and enjoyment by the Transferee of its right hereunder. Should any such obstruction or hindrance be placed upon the Easement Lands the Transferee, in addition to its other rights, may enter and remove same and shall not thereby render itself liable in damages to the Transferor. The Transferee shall be responsible to repair any damage caused to the surface area of the easement lands at its own cost during the exercise of its rights herein. Notwithstanding any rule of law or equity, the Works constructed by the Transferee together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Transferee even though the same may have become annexed or affixed to the Easement Lands. The Transferee shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party. The Transferor shall have the right to assign or transfer its rights hereunder in whole or in part upon giving notice to the Transferee and obtaining consent from the Transferee. The Transferor covenants that: i. subject to the foregoing it has the right to convey this easement and right to enter to the Transferee; ii. the Transferee shall have quiet enjoyment of the rights, easement and right hereby transferred; iii. the Transferee or its successors and assigns will execute such further assurances or this easement and do such other acts (at the Transferee's expense) as maybe reasonably required; and iv. the Transferor has not done, omitted or permitted anything whereby the Easement Lands is or may be encumbered (except as the records of the Land Registry Office disclose). -2- This transfer shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. The Transferor hereby agrees that all provisions herein are reasonable and valid and if any provision herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and shall not affect or impair the validity of all other provisions. Zolom RECONSTRUCTION OF KALAR ROAD PROPOSED CULVERT DESIGN (WARREN CREEK CROSSING McLE00 ROAD) SCALE 18100 MAY 2, 200T A by -law to authorize the execution of a Subdivision Agreement with 1473944 Ontario Limited respecting Edgewood Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 17t day of December, 2007 and made between 1473944 Ontario Limited and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lots 150 and 155 former Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning and Development that all of the City's conditions for the execution of the said agreement have been satisfied. Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 11, 2007. February 11 2007. February 11, 2007. CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this 17` day of September, 2007 BETWEEN: 1473944 ONTARIO LIMITED Hereinafter called the "Subdivider -and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Schedule page 5 of the FIRST PART; Hereinafter called the "City of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called "the Plan attached hereto as Schedule "A" and entitled EDGEWOOD ESTATES SUBDIVISION, being lands comprising Part of Township Lots 150 and 155 formerly in the Township of Stamford, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: This is not a Plan of Survey K: \GIS_Requests12007 \Schedules\ Subdivision \EdgeWood\Edgewoad.map Schedule A Edgewood Estates Schedule Page 140 138 13 144 142 45 143 141 139 13 Block 253 Block 252 164 163 162 161 160 159 158 157 156 155 154 153 Block 248 Block 247 Block 246 Iili 9 8 18 19 20 21 22 29 28 27 26 25 23 24 mum men r END Eliummizs own cool mitsissingena SEBASTIAN CRES B KUDLAC ST 55 54 56 53 57 52 58 51 59 50 60 49 61 46 FORESTVIEW BLVD 74 75 76 77 Bled, 249 Block 250 146 148 49 147 126 125 rIi 124 Ell 62 63 64 65 66 67 68 69 70 71 72 73 111 Block 255 Block 25 39 40 4, 42 r 43 44 177 45 N 47 Pia a mawdmay ism lava A jouits Block 256 N s Scale I:NTS September 2007 X b m C co E to V W m 4 U Q o M a� O I- O fi w 0.. 0`C Nb N (0 E a) N 4, 1 1 v E i, co C.) "C C0 40' Q.-. C Q0b N 0 'Q N E N cu U N c E R7 a3 v y U 0 0 w a U z wb E E0 y CCI 0 w3Q� a N -1 El: o m m b in 0)Q¢ a U b v E c `v m v y V v Ili 4 n 69 cct a) g U 5 o E y O c o g C 0•, N _O M_ N 6 69 69 64 O o CN 11 an N 64 EA- in d' M in .0 00 N 69 o O M N O O o M N M o 69 69 0 0 ct'„ N M 0 64 O h 0 69 O z bo o 7:1 0 cs r6 Q ti 11: in 1- 0 0 0 rn M CO WI N N 0o N 0 999 N N 6 69 6 cl, 00 ire 0 0 O1 0 M 0 O; N d' LD 69 E/4 1-4 69 C a) o -0 0 a O L. E 0 z :C N U Q -„U a) .E 0 UJ a) N E O N O i a) a R O 0! ta U d at o .Lt c TS 72. v 0. Q o 2 4, a a 0 L 0 0 a N co03E H .E a) ,a_) CO U 0) ti 0) c hb o) E 0° -oa)c H V r o t' o kri va EA 68 in O N O v i 63 N EA 69 1n O in 00 000 V4 69 in 0 in N N. EA EA EA O Ln o QN, N o 6 o in O 01 N O w o EA Ca, N m N a1 N N cn EA EA o .C1') x cD o 31 O _c W 0 co 0 E w E W 0) c ti o a, 'a ca E C Q) V W J 0 U`Z to Q m o ''E',,„ a M (1) m c H o Q o, U a cT4 Q U Q> o -c (1) b N E 0 a) C N V W J Q a U "c o' C) N E 0 a, 0 N w- c a, a. o a w s E A n v a .2 3 75. c c. m'aa Q I- z M w 4 N fp a, to 0 y d d m Q col 0 0 0 0 0 0 0 ■O 0 69 GS GS 9 0 0 0 0 0 0 ■O 0 4 N b9 EA 69 O O 0 0 0 64 ES 0 0 0 0 O O 0 0 0 O VD EA 69 O O O 0 O O v-� GS O EA o N N N M M O 69 0 N N m O GS N a, N 00 00' VD N N 69 69 )E a m c c v O c a)a E O c CD ov ca V W -J sa)� 4 U Q 0 M O c) c;a N c a V (0 a Q a U a N E ca m m EU 0 W a c m E o 0 ill V N n`. m c O tn E m V 5 d Ts a 3 H Q c v O_ d Z N C Z d H N h a 0 R a H 0. n O y O N oo in in r~ kn M N o 00 O 0 9 00 69 r) s9 kn 00 0 00 69 699 69 s9 `n `r oo 00 0 69 69 69 v N r d 1 EA 69 0 N 0 N N 69 O N N N (f} 0 N (A a) Cl) L N U w Ti 0 CD 0 w .0 cp gr. CO CD a a c a 0 Q d CO 0. d CG 0 N N 64 O 00 00 w N bp O 0 0 0 N y 06 M 4 0 N w .5 0 Parkland Dedication: Blocks 249 251 Block 252 (walkway portion credit) S:I I. Subdivisions \2006 -339 Edgewood Estates\Schedule G.wpd Schedule "G" Edgewood Estates Subdivision Schedule Page Schedule "H" Edgewood Estates Subdivision Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads 3.0 m wide for full length centered on either side of lot line between: i) Lots 7 8 xiii) Lots 88 89 xxiv) Lots 145 146 ii) Lots 13 14 xiv) Lots 90 91 xxv) Lots 148 149 iii) Lots 31 32 xv) Lots 96 97 xxvi) Lots 151 152 iv) Lots 35 36 xvi) Lots 98 99 xxvii) Lots 168 169 v) Lots 37 38 xvii) Lots 100 101 xxviii) Lots 171 172 vi) Lots 40 41 xviii) Lots 103 104 xxix) Lots 179 180 vii) Lots 44 45 xvix) Lots 112 113 xxx) Lots 183 184 viii) Lots 58 59 xx) Lots 115 116 xxxi) Lots 186 187 ix) Lots 68 69 xxi) Lots 134 135 xxxii) Lots 190 191 x) Lots 75 76 xxii) Lots 120 121 xxxiii) Lots 196 197 xi) Lots 79 80 xxiii) Lots 139 140 xxxiv) Lots 241 242 xii) Lots 83 84 b) For rearyard catchbasins and leads 3.0 m wide adjacent to rear lot line: i) Lot 1 ii) Lot 2 iii) Lot 17 iv) Lot 18 v) Lot 22 vi) Lot 23 vii) Lot 55 S \I. Subdivisions\2006 -339 Edgewood Estates'Schedule H.wpd viii) Lot 61 ix) Lot 129 x) Lot 130 xi) Lot 131 xii) Lot 174 xiii) Lot 175 a) Block 248 Stormwater Management Facility b) Block 249 Parkland c) Block 250 Woodiot d) Block 251 Parkland e) Block 252 Parkland/Walkway 0 Block 253 Open Space g) Block 254 Garner Road 3.0 m Road Widening h) Block 255 Garner Road 0.30 m reserve i) Block 256 St. Michael Avenue 0.30 m reserve xiv) Lot 193 xv) Lot 194 xvi) Lot 203 xvii) Lot 237 xviii) Lot 238 xvix) Lot 245 c) For rearyard catchbasin and leads 3.0 m wide by 3.0 m long in rearyard: i) Lot 165 d) For rearyard catchbasin and leads adjacent to rear and side lot line: i) Lot 11 e) For catchbasin and leads 1.5 m wide adjacent to lot line, one side only: i) Lot 12 2. Blocks To be granted to the City within the lands of the subdivision. 3. Blocks To be purchased by the City external to the lands of the subdivision. a) For future St. Michael Avenue road allowance traversing the Ontario Hydro Corridor being Part 1 59R- 13158 Schedule Page CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the development of single- detached dwellings on land at the northeast corner of Garner Road and McGarry Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets A5 and B5 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from DH, in part, and R1C and numbered 687, in part, to R1E and numbered 817, the land on the northeast corner of Garner Road and McGarry Drive, being Part of Township Lot 169, Stamford, and Part of Lot 2, Plan 59M -335, now designated as Parts 1 to 6 (Inclusive) and Parts 8 to 10 (Inclusive) on Reference Plan 59R- 13509, and shown hatched and designated R1 E and numbered 817 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of clause (b) of section 4.13 and clause (f) of section 7.5.2 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 R1E and numbered 817 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for a use permitted by the R1E zone, except in compliance with the following regulations: (a) Minimum exterior side yard width 7 metres (b) Minimum setback for an accessory 7 metres building or an accessory structure from a side lot line abutting a street line or a reserve 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.817 Notwithstanding the provisions of clause (b) of section 4.13 and clause (f) of section 7.5.2 of By -law No. 79 -200, no person shall use the land on the northeast corner of Garner Road and McGarry Drive, designated RIE and numbered 817 on Sheets A5 and B5 of Schedule "A or erect or use any building or structure thereon, for a use permitted by the R1E zone, except in compliance with By -law No. 2008- 4. None of the provisions of By -law No. 2004 -23 0 shall continue to apply to the land described in section 1 of this by -law. Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S: IZONING \AMS120071By- Iaws\Byam34.wpd February 11, 2008 February 11, 2008 February 11, 2008 SCHEDULE 1 TO BY -LAW No. 2008- Subject Land a. Description: Part of Township Lot 169, Stamford, and Part of Lot 2, Plan 59M -335, now designated as Parts 1 to 6 (Inclusive) and Parts 8 to 10 (Inclusive), on Reference Plan 59R -13509 Applicant: Joseph Phyllis Futino and Evergreen Estates Development Limited Assessment #s: 272510000607302 Part of 272510000608502 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 34 \mapping.map Amending Zoning By -law No. 79 -200 1:NTS AM- 34/2007 February 2008 Passed this eleventh day of February, 2008. First Reading: Second Reading: Third Reading: February 11, 2008 February 11, 2008 February 11, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and maps constituting Amendment No. 79 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR S: \OFFICIAL.PLN\AMEND\ #79 Historic Drummondville\BYLAW_79.wpd 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 constitute Amendment No. 79 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 AND FIGURE CHANGES i) "Figure 1- Gateways" in PART 2, SECTION 4 TOURIST COMMERCIAL is deleted and replaced with "Figure 1 Gateways" attached hereto. ii) "Figure 2- Street System" in PART 2, SECTION 4 TOURIST COMMERCIAL is deleted and replaced with "Figure 2 Street System" attached hereto. iii) The "Subject land shown on the map attached hereto, entitled "Map 1 to Amendment No. 79 shall be redesignated from Residential, Minor Commercial and Tourist Commercial to Open Space. iv) "Appendix V Community Improvement Areas" in PART 5, APPENDICES is deleted and replaced with "Appendix V Community Improvement Areas" attached hereto. 2. TEXT CHANGE (i The following change shall apply to PART 2, SECTION 3 COMMERCIAL: Policy 3.3.1.4 is deleted and replaced with the following: 3.3.1.4 The exceptions shall be the Historic Drummondville Area and the lands fronting on Cummington Square where a compact building form, close to the sidewalk, shall be encouraged in order to maintain the existing pedestrian oriented environment. In addition to the above, the Historic Drummondville Area, given its proximity to both an adjacent stable residential neighbourhood and the Central Tourism District, should include uses that can serve the local residents and notwithstanding policy 3.3.1, attract a broader population and tourists. Fundamental to this goal is to have uses that capitalize on the heritage attributes of the area. The built form of Drummondville is to continue with at grade commercial uses, with minimal setback, that include niche retail and uses related to heritage. New residential development is to include at grade commercial uses. Unit conversions above existing commercial uses is encouraged to further provide for intensification. A section of the Lundy's Lane and Main Street have been identified as Retail Street on Figure 2 of Part 2, Section 4 of this Plan and shall be subject to Policy 4.3.8 of Part 2. -2- (ii) The following change shall apply to PART 2, SECTION 4 TOURIST COMMERCIAL: 2. OTHER CHANGES Policy 4.3.3 is amended by adding the following phrase after the word "Queen Victoria Park and the Falls" in the second sentence of Policy 4.3.3: "and also to highlight the heritage of the Historic Drummondville Area along Main Street at the intersections of Lundy's Lane and Murray Street and at the Hydro Corridor where it meets Ferry Street." "Appendix V COMMUNITY IMPROVEMENT AREAS" in PART 5 APPENDICES is deleted and replaced with the "Appendix V COMMUNITY IMPROVEMENT AREAS" attached hereto. S:IOFFICIAL.PLNIAMEND #79 Historic Drummondville\BODY_79.wpd Entrance Gate Located at Drummo Figure 1 rj o 400 Gateways FW ini g 6 Dew krpmnel Department 2 -27 El'JLED LECL Entrance Gateway Located at Marineland Parkway LEGEND Entrance Gateway Located at Whirlpool Entrance Gateway 0 Landscaped Entry Point Falls Access KASourcaDaWlSrlepaaVDF10P Figures January 2008 Figure 2 Additional Entry Could from Drummond Roa Planning Development Department Additional Entry Corridor from Marineland Parkwa Street System 2 -30 LEGEND L=.t. Entry Corridor Grand Boulevard Falls Access Retail Street K: \SourceData \Shapes \DROP FIGURES September 2007 Area Affected by this Amendment Proposed Change From: Residential and Tourist Commercial Proposed Change To: Open Space A N nx ■••■:N\ 'IJNDY IMO N IIII/II 11111 4 K:\GIS MAP 1 TO AMENDMENT NO. 79 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN MINOR COMMERCIAL RESIDENTIAL OPEN SPACE TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 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-38/2007 February 2008 KASourceDeta4SMpeiLOP Of6dal_ tnarep Septerabu 2007 APPENDIX V to the OFFICIAL PLAN COMMUNITY IMPROVEMENT AREAS Niagararalls CANADA RESIDENTIAL 1 STAMFORD GREEN AREA 2 LEEMING VALLEY WAY 3 BARKER AREA 4 DIXON AREA S VALLEY WAY BRIDGE AREA 6 RYERSON AREA 7 CHIPPAWA AREA O COMMERCIAL 8 CENTRAL BUSINESS DISTRICT 9 VICTORIA AVENUE AREA 10 HISTORICAL DRUMMONDVILLE TOURIST COMMERCIAL 11 CENTRE AREA INDUSTRIAL 12 ELGIN AREA 13 DRUMMOND AREA 14 KENT AREA REVISIONS OPA #65 PUWMNG 0. DEVELOPMENT DIVISION SCALE 1: 60,000 A by -law to amend By -law No. 79 -200, to add art galleries and museums as permitted uses within the General Commercial Zone and to rezone certain lands to Open Space. 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 R1 E, in part, and GC, in part, to OS the land located on the north side of Lundy's Lane, being Part of Lot 7 and Lot 8, Plan 653, abstracted as Block 8, being Part 1 on 59R -9693 and identified as PIN 64315- 0195; the land located on the south side of Summer Street, being Block "A Plan 330, and Part of Lot 7, Plan 653, abstracted as Block 8, and Part 2 on 59R -9693 and identified as PIN 64315 -0153; the land located on the west side of Hanan Avenue, being Part of a Block lying south of North Street, northwest angle of Township Lot 130, Plan 653, abstracted as Block 11, being Parts 5 and 6 on 59R- 9693, and identified as PIN 64315 -0176; and the land located on the west side of Hanan Avenue, being Part of a Block lying south of North Street, northwest angle of Township Lot 130, Plan 653, abstracted as Block 11, and identified as PIN 64315 -0152, Niagara Falls, and shown hatched and designated OS on plan Schedule 1, attached to and forming part of this by -law. 2. Section 8.2.1 of By -law No. 79 -200 is amended by adding the following: "(qq) Art Gallery (rr) Museum" 3. Section 2 of By -law No. 79 -200 is amended by adding the following definitions: "2.5.1 CITY OF NIAGARA FALLS By -law No. 2008- "ART GALLERY" means a building or part thereof where works of art, such as paintings, sculpture, pottery, glass and weaving are displayed for public viewing and includes retail sales related thereto. 2.33.2 "MUSEUM" means a building or part thereof used for the preservation and presentation of works of art or cultural or historical or scientific objects and information and open to the recreation and education of the public and includes sales related thereto." 4. Section 19.1.74 of By -law No. 79 -200 is amended by replacing the clause "jj and 11 of section 8.2.1" with "jj, 11, qq and rr of section 8.2.1 Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: February 11, 2008 Second Reading: February 11, 2008 Third Reading: February 11, 2008 S:. ZONING \AMS12007\By- laws\Byam38.wpd SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Applicant: City of Niagara Falls Assessment #s: 272506000516700 272506000505700 272506000510500 272506000510300 K:\GIS_ Requests\ 2007\ Schedules \ZoningAM\AM- 38 \mapping.map Amending Zoning By -law No. 79 -200 PIN 64315 -0195 Part of Lot 7 and Lot 8, Plan 653, abstracted as Block 8, being Part 1 on 59R -9693; PIN 64315 -0153 Block "A Plan 330, and Part of Lot 7, Plan 653, abstracted as Block 8, and Part 2 on 59R -9693. PIN 64315 -0176 Part of a Block lying south of North Street, northwest angle of Township Lot 130, Plan 653, abstracted as Block 11, being Parts 5 and 6 on 59R -9693 PIN 64315 -0152 Part of a Block lying south of North Street, northwest angle of Township Lot 130, Plan 653, abstracted as Block 11, Niagara Falls 1:NTS AM- 38/2007 February 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation "OIPC for funding from the municipal infrastructure investment initiative for a new eligible capital project of the Corporation of the City of Niagara Falls, and to approve the expenditure of funds on said eligible capital project, Drummond Road Reconstruction Lundy's Lane to McLeod Rd. WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act provides that a municipal power shall be exercised by by -law unless the municipality is specifically authorized to do otherwise; and WHEREAS the Province of Ontario has recently announced an investment of $300 million dollars for municipal infrastructure as a one -time grant for eligible municipal infrastructure initiatives to Ontario municipalities and Local Services Boards; and WHEREAS on behalf of the Province of Ontario, OIPC will be administering the Municipal Infrastructure Investment Initiative available to Ontario municipalities and Local Services Boards for the purposes of new eligible municipal infrastructure initiative projects; and WHEREAS OIPC has invited eligible Ontario municipalities and Local Services Boards desirous of obtaining funding pursuant to the Municipal Infrastructure Investment Initiative in order to meet capital expenditures in connection with a new eligible capital project to apply to OIPC for such funding by completing and submitting an application through the form provided by OIPC (the "Application WHEREAS it is now deemed to be expedient to authorize the new capital project, described in column (2) of Schedule "A" (the "Project attached hereto and forming part of this By -law "Schedule "A in the amount of the estimated expenditure set out in column (3) of Schedule "A as the project deemed to be priority for municipal purposes; and WHEREAS the Corporation of the City of Niagara Falls has submitted an Application to OIPC to request funding in respect of the Project. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Council of the Corporation of the City of Niagara Falls hereby confirms, ratifies and approves the completion by John MacDonald, the Chief Administrative Officer, or his designate, of an Application and the submission by such authorized official of an Application, duly executed by such authorized official, to OIPC for the funding of the Project in connection with the Municipal Infrastructure Investment Initiative in the maximum aggregate principal amount of $1,200,000.00 (the "Funding 2. a) Construction of the Project in the amount of the respective Estimated Expenditure set out in column (3) of Schedule "A" is hereby approved and authorized; b) The Mayor and City Clerk are hereby authorized to conclude contracts on behalf of the Municipality for the construction of the Project in accordance with the Municipality's usual protocol; c) Any one or more of the Mayor are hereby authorized to submit to OIPC or the Minister of Public Infrastructure Renewal on behalf of the Municipality such reports or other documents regarding the Project as may be requested in connection with the Municipal Infrastructure Investment Initiative; d) Where applicable, the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the Engineer is necessary for the construction of the Project; e) Where applicable, the construction of the Project shall be carried on and executed under the supervision and according to the direction and orders of such Engineer; and f) The Engineer, or such other official of the Municipality charged with the management of the Project, shall report semi annually to the Council of the Municipality on the status of the Project. 3. The Council of the Corporation of the City of Niagara Falls hereby confirms that the funding under the Municipal Infrastructure Investment Initiative will be applied and shall be used exclusively for financing of the eligible project as set out in Schedule "A" to this By -Law and for no other purposes. 4. This By -law takes effect on the day of passing. Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: February 11, 2008. Second Reading: February 11, 2008. Third Reading: February 11, 2008. Schedule "A" to By -Law No. 2008- 1 Description of Eligible Estimated Grant Project Name Capital Work Expenditure Amount Drummond Road Road Reconstruction Storm $4,280,000 $1,200,000 Reconstruction and Sanitary Sewers and Lundy's Lane to McLeod Rd. Watermains, Construction THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-.LAW Number 2008 A by -law to temporarily amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicles) WHEREAS Bridge Street will be under construction for the separation of storm sewers as part of the Maple Street separation project; and WHEREAS the construction will necessitate the closure of the road between Victoria Avenue and Fourth Avenue for a duration of approximately four weeks to allow the placement of underground services; and WHEREAS the most feasible detour route for heavy vehicles that utilize Bridge Street was determined to be Morrison Street between Stanley Avenue and Victoria Avenue; and WHEREAS the proposed detour route has a heavy vehicle restriction; and WHEREAS the heavy vehicle restriction will be lifted for temporary time period as per this by -law. The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule S thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMESIDAYS Morrison St. Stanley Avenue and Victoria Avenue At any time 2. That this by -law shall come into force on the seventeenth day of March, 2008. 3. That this by -law shall expire on the twenty -fifth day of April, 2008 Passed this eleventh day of February, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 11, 2008 February 11, 2008 February 11, 2008 -2- HEAVY VEHICLES The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this eleventh day of February, 2008 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 11, 2008 February 11, 2008 February 11, 2008 CITY OF NIAGARA FALLS By -law No. 2008 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca JAN 0 32 His Worship Ted Salci Mayor The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: Edifice Ferguson, 3e etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327 -9200 www.mto.gov.on.ca Ontario HEDULE "A RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry has created the Dedicated Gas Tax Funds for Public Transportation Program (the "program under which two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program 2007/2008 Guidelines and Requirements (the "guidelines and requirements In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 2 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in the amount of $1,141,019 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $570,510 payable on receipt of this signed Letter of Agreement and related authorizing municipal by -law, and remaining quarterly payments thereafter beginning in April, 2008. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, in the Minister's opinion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements. 3. If the Municipality is involved with other municipalities in jointly providing public transportation services, and the other municipalities have agreed to the Municipality collecting the dedicated gas tax funds on their behalf, the Municipality agrees that it shall provide, in compliance with the requirements set out in the guidelines and requirements, the applicable by -law and legal agreement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality agrees that the funds received under this Letter of Agreement are to be deposited by the Municipality in a dedicated gas tax funds reserve account, and are to be used only in accordance with the guidelines and requirements. 5. The Municipality agrees that it will adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under this Program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the years 2007/2008. 7. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to the Transit Policy Branch, 2nd Floor, Building B, 1201 Wilson Avenue, Downsview, ON, M3M 1J8 for the Ministry records. Once the Ministry has received the signed copies together with a copy of the authorizing municipal by -law, the Ministry will make arrangements for the payment of the dedicated provincial gas tax funds to the Municipality. Yours sincerely, Jim Bradley Minister of Transportation 3 I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the payment of $11,513,842:10 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 December 19, 2007 to January 23, 2008. Passed this eleventh day of February 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 11, 2008 February 11, 2008 February 11, 2008 Passed this eleventh day of February, 2008. First Reading: Second Reading: Third Reading: February 11, 2008 February 11, 2008 February 11, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1 1 th day of February, 2008. 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 11t day of February, 2008 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