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2008/05/12
COUNCIL MEETING Monday, May 12, 2008 Order of Business and Agenda Package araJttIIs COUNCIL MEETING May 12, 2008 O CANADA: Katelynn and Emily Hilborn will sing the National Anthem PRAYER: Councillor Diodati ADOPTION OF MINUTES: Council Minutes of April 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. YMCA Brock Badgers Window Boxes Of Chippawa DEPUTATIONS /PRESENTATIONS Steve Butz and Greg Shupe will make a presentation related to the YMCA commitment to the MacBain Community Centre. The Niagara Falls members of the Brock Badgers Basketball team will be recognized for winning the 2008 G.I.S. Men's Basketball Championship. Marilyn Judge will inform Council of this year's upcoming competition. 2 PLANNING MATTERS Public Meeting AM -2008 -003, Zoning By -law Amendment Application 5007 River Road Applicant: David Hagerman Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2008 -38 -AND Correspondence from the Niagara Region's Planning Development Dept. Correspondence from the Niagara Parks Commission Correspondence from David Hagerman Alex Rasiulis Background Material: Recommendation Report: PD- 2008 -44 Public Meeting AM -2008 -006, Zoning By -law Amendment Application 6289 -6311 McLeod Road and the Rear Portion of 7175 -7189 Drummond Road 27 -25 -080 -005 -12200 -0000 Applicant: 1006057 Ontario Limited o/a Niagara Olympia Homes George Bandi) Proposed 3 Storey, 24 Unit Apartment Building Background Material: Recommendation Report: PD- 2008 -42 -AND Correspondence from the Niagara Region's Planning Development Dept. Correspondence from F.G. Martin. Public Meeting 26CD -11- 2008 -01, Draft Plan of Condominium 5521 Drummond Road (West Side), South of Frederica Street Owner: Skyview Drum Apts. Ltd. (Angela Iannuzziello) 3 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2008 -39 Commercial Building Facade Improvement Grant Application, 5928 Sylvia Place Feliciano Pingue Plastering Limited 2. Chief Administrative Officer PD- 2008 -40 Commercial Building Facade Improvement Grant Application, 4416 Queen Street C A Tartaglia, S. M. DePietro 3. Chief Administrative Officer PD- 2008 -41 Brownfields Tax Assistance/ Rehabilitation Grant Application, 3807 Stanley Avenue 1578891 Ontario Ltd. Mark Basciano) 4. Chief Administrative Officer PD- 2008 -43 Commercial Building Facade Improvement Grant Application, 5485 Ferry Street Feliciano Pingue Sons Construction Ltd. 5. Chief Administrative Officer PD- 2008 -45 Matters Arising from Municipal Heritage Committee MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lundy's Lane BIA 2008 Budget RECOMMENDATION: For the Approval of Council 2. Toronto Residents in Partnership request that the month of June be proclaimed as "Elder Abuse Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. District School Board of Niagara requesting that June 14, 2008 be proclaimed as "Public Education Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. VON Canada requesting that May 18 -24th be proclaimed as National VON Week and that a flag raising take place at City Hall on May 20, 2008. RECOMMENDATION: For the Approval of Council PROPERTY MATTERS COMMUNITY SERVICES MATTERS 4 Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matters and by -laws. 1. Chief Administrative Officer L- 2008 -14 Declare Surplus and Offer for Sale Liberty Street 1. Chief Administrative Officer R- 2008 -17 Emergency 911 Day Helicopter Landing at Oakes Park. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS F- 2008 -19 Municipal Accounts F- 2008 -20 Financing Lease Report 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. HR- 2008 -01 Workplace Heath Safety L- 2008 -12 The Niagara Parks Commission Licence Agreement with the City River Road North of Victoria Avenue) L- 2008 -13 Fido Solutions Inc. (Formerly Microcell Connexions Inc.) Licence Amending and Extension Agreement with the City Portion of Marshall Road. FS- 2008 -01 Purchase of Pumper Truck for Fire Services MW- 2008 -25 Adoption of 21.15 meter Road Allowance The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -74 A by -law to permanently close part of a highway. (Liberty Street) 2008 -75 2008 -76 5 BY -LAWS A by -law to declare Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. A by -law to authorize the execution of an Agreement of Purchase and Sale with Benison investments Ltd. respecting the purchase of lands being Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -77 A by -law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the transfer of an existing storm sewer. 2008 -78 A by -law to establish Part Township Lot 148 Stamford designated as part 3 on Reference Plan 59R -13393 as a public highway, to be known as and to form part of Dorchester Road. 2008 -79 A by -law to authorize the execution of a Licence Amending and Extension Agreement with Fido Solutions Inc. respecting the operation and maintenance of transmission- reception antennae for the purpose of telecommunications and broadcasting. 2008 -80 2008 -81 6 A by -law to establish Part Block F Plan 5, designated as part 4 on Reference Plan 59R -13060 as a public highway, to be known as and to form part of Dorchester Road. A by -law to establish Part Portage Road Plan 1 designated as Part 1 on Reference Plan 59R -11556 as a public highway, to be known as and to form part of Portage Road. 2008 -82 A by -law to amend By -law No. 79 -200, to permit the development of two apartment dwellings on the land. (AM- 33/2007) 2008 -83 A by -law to authorize the payment of $22,720,739.40 for General Purposes. 2008 -84 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of May, 2008. NEW BUSINESS 5/.1200: Teresa Fabbro sin ers Pa.e From: "Laurie" <tanez @cogeco.ca> To: "dean iorfida" <diorfida @niagarafalls.ca> Date: 5/5/2008 8:15 PM Subject: singers Hi Dean Here are the bios for your singers on May 12th- Katelynn and Emily Hilborn Katelynn and Emily are 10 and 8 years old respectively, and they actively participate in many activities at school, church, and in the community. They enjoy playing soccer and ringette, are members of the 22nd Niagara Cubs and Beavers, and love to make music. Katelynn plays the flute and Emily takes violin lessons. Recently, they both placed well in the vocal and piano sections of the Kiwanis Music Festival. In their spare time, the girls enjoy listening to Hannah Montana, playing with their little brother Nathan, baking with Grandma, and playing Webkinz on the computer. Laurie Dean Iorfida YMCA cheque $400 K Apr 28 deputation From: Denyse Morrissey To: Dean Iorfida Date: 4/3/2008 9:12 AM Subject: YMCA cheque $400 K April 28 deputation CC: John MacDonald; Ken Burden; Todd Harrison Hi Dean, I will confirm. Regards, Denyse Page 1 of 1 To confirm that YMCA shall not attend on April 14, 2008 to present a cheque for $400 K. Instead Steve Butz and Greg Shupe are expected to attend on April 28, 2008. file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \47F49F7EDomain... 4/3/2008 (4/4/2008 Dean lorfida Brock Badgers City Council Page 1 From: Jessica Ruddell To: Cathy Crabbe Date: 4/4/2008 10 :03 AM Subject: Brock Badgers City Council CC: Carey Campbell; Dean Iorfida; Denyse Morrissey Cathy, I just spoke with Brian Mulligan, Assistant Coach for the 2008 C.I.S. Mens Basketball Championship winning Brock Badgers. He confirmed that the team has already booked an appearance with Welland Council the night of April 14th at 7 p.m. We then entertained the idea of the group coming to the following Council meeting on April 28th. Coach Mulligan said that 2 of the 5 members of the Niagara Falls contingent that were to be invited would be in Mexico at this time. The following Council meeting would be May 12th and suitable for all 5 members from Niagara Falls. They include: Bradlee Rootes (Named 2nd team All- Canadian, OUA West player of the year) Michael Kemp (Name to the C.I.S. All -Star Team) Dustin Bianchin -Brian Mulligan (Assistant Coach) -Bill Rootes (Assistant Coach) Please let me know if this date is suitable and I will go ahead and confirm with Coach Mulligan. Hope this helps and let me know if there is anything else I can do, Jessica Dean Iorfida presentation at council From: "Marilyn Judge" <marilynjudge @gmail.com> To: <diorrida @niagarafalls.ca> Date: 4/25/2008 10:52 AM Subject: presentation at council Dear Mr. Iorfida, Page 1 of 1 The kick -off campaign for the Window Boxes of Chippawa competition is taking place in mid May. The committee is totally volunteer and encourages the beautification of our community. We would like to present a plagued photo collage to the city in recognition of our seventh year of fun competition. Please notify us if we are able to have a few minutes of the Council's time. Thankyou for your consideration. Marilyn Judge marilynjudge@gmail.com 8691 Banting Av, NFO, L2G 6Z7 905 -295 -6616 file //C :\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \4811B7EADomai... 4/28/2008 May 12, 2008 PD- 2008 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag ara alts CANADA Re: PD- 2008 -38 AM- 2008 -003, Zoning By -law Amendment Application 5007 River Road Applicant: David Hagerman Proposed Cottage Rental Dwelling That Council approve the Zoning By -law amendment application to permit the existing dwelling to be used as a cottage rental dwelling with no more than four (4) bedrooms. BACKGROUND: David Hagerman has requested an amendment to Zoning By -law No. 79 -200 for a 662 square metre (7129 square foot) parcel of land known as 5007 River Road, as shown on Schedule 1. A two storey single detached dwelling and a detached garage exist on the property. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Refer to Schedule 2 for details of the property. The land is currently zoned Residential Single Family and Two Family 2 (R2 -2) with special zoning provisions that would allow the dwelling to be used for bed and breakfast accommodations (tourist home). The R2 -2 zoning is requested to be amended site specifically to permit the existing dwelling to be used as a cottage rental dwelling, containing 4 bedrooms, and to reduce the required exterior side yard setback from 4.5 metres (15 feet) to 0 metres (0 feet) to recognize the existing building setback. Cottage rental dwellings are a relatively new form of tourist accommodation that are similar in scale to bed and breakfast accommodations. Where bed and breakfasts are typically owner occupied homes providing overnight guest accommodation and prepared breakfasts, cottage rental dwellings are complete dwellings (with kitchen facilities available for the preparation of meals) rented out to small groups of travellers. 023, Niagara Falls, ON, Canada 12E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community ommunity Services Department Planning Development Surrounding Land Uses Although the surrounding residential community consists predominantly of single detached dwellings, there are numerous bed and breakfast establishments in the vicinity of the subject site, particularly on properties fronting onto River Road. There are also two nearby cottage rental dwellings, one several properties to the west at 4339 Bampfield Street and one several properties to the south at 5057 River Road, which were approved by Council in 2007. Circulation Comments May 12, 2008 2 PD- 2008 -38 Regional Municipality of Niagara No concerns. The application conforms to Provincial and Regional policies. Fire Services City Clerk The cottage rental dwelling is to be limited to 4 bedrooms, with a maximum occupancy of 2 persons per bedroom. Other Fire Services issues can be addressed at the licensing stage. The cottage rental dwelling is required to be licensed under the City Licensing By -law. Building and By -law Services A Change of Use Permit will not be required if the cottage rental dwelling does not exceed 4 bedrooms and is rented out in its entirety to a single group of travellers. Niagara Parks Commission, Parks, Recreation and Culture, Municipal Works, Transportation Services and Legal Services No objections. Planning Analysis 1. The proposal conforms to the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant land use. The land is also within the River Road Satellite Tourist District where bed and breakfast accommodations with up to four bedrooms for guests are permitted as long as the residential character of the area is maintained. Cottage rental dwellings have been permitted in the District where they were determined to be compatible with the surrounding neighbourhood. May 12, 2008 3 PD- 2008 -38 The proposed cottage rental dwelling conforms to the Official Plan as follows: CONCLUSION: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations permitted by the Official Plan for this area. There are no changes proposed to the property and there is no expansion of the dwelling, therefore, the residential character of the property will be maintained. The cottage rental dwelling is not expected to generate any more traffic than a typical single detached dwelling. Provided the number of bedrooms in the dwelling is limited to four (the same limit of rooms that applies to bed and breakfast accommodations in this area), the scale of the use will not be increased, and the use of the dwelling as a cottage rental dwelling will be compatible with surrounding residences and other tourist accommodations that are already allowed. In recent years Council has approved several cottage rental dwellings in this neighbourhood. Given the special policies in the Official Plan and the area's proximity to tourist districts, a moderate concentration of small -scale accommodations of a residential character is acceptable for this area. Staff will continue to monitor the development of cottage rental dwellings in this neighbourhood to ensure that excessive concentrations do not impact the residential character of this neighbourhood. 2. The requested zoning is appropriate. The current R2 -2 zoning of this property applies to the entire area between Palmer Avenue and River Road, from Huron Street to John Street. Bed and Breakfast establishments (tourist homes) with up to four (4) bedrooms for guests are permitted as of right in this area. Similar to the guest rooms of a bed and breakfast, the cottage rental dwelling will be rented out on a short term basis to a small group of travelers. To ensure the cottage rental dwelling remains compatible with surrounding uses and consistent with the number of rentable rooms a bed and breakfast establishment is permitted to have, and to address Fire Services concerns, no more than four (4) bedrooms are recommended to be allowed to be used for overnight accommodation. As the Ontario Building Code limits occupancy to two (2) persons per bedroom, this would limit occupancy of the cottage rental to eight (8) persons. The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: May 12, 2008 4 PD- 2008 -38 1. The use complies with the Official Plan as it is in an area where small scale accommodations may be permitted. The use is of a residential nature, and is similar in scale to a bed and breakfast, which is already permitted. 2. Provided the cottage rental dwelling is limited to four (4) bedrooms, the use will be compatible with adjacent uses. Recommended by: Approved by: Respectfully submitted: A.Bryce:yb Attach. S: \PDR\20081PD- 2008 -38, AM- 2008 -003, 5007 River Rd, David Hagerman .wpd Alex Herlovitch, Di tor of Planning Development Ed Dujlovic, xecutive Director of Commynity Services John Donald, Chief Administrative Officer Subject Land Location: 5007 River Road Applicant: David Hagerman Schedule 1 LOCATION MAP Amending Zoning By -law No. 79 -200 N s 1:NTS AM- 03/2008 K: \GIS_ Requests\ 2008\ Schedules \ZoningAM\AM- 03\mapping.map March 2008 7'W (REFERENCE BEARING) 1 15.24 (P1 MEAS.) LOT N. W. CORNE LOT 13 LOT LOT PLA\ 19 bent 0.08 N. 0.025 W. N87"27'W 3.048 (D2 SET) BAMPFIELD 6 •a W 0 M z rn cn 0 con o bs of cedars 0.471. N. conc. 0.09 W. do 0.04 N. LOT 6) N 1 2 Schedule 2 (P1) o ve LOT 74 20 276 ;1.y2 wide eo /e te sidewo/ Porch •orch P.LN. 84342 -0071 0.17 S. 0.17 S. homy .verhong 1 N. 0.09 N. c`z 519; 19 STREET z STQREy s.rucco 0WE_! NG ,Alp. 5007 0 60.015 (P1 MEAs.) I ca 1 16'24' vl 13 2C 3 4 o I ly7.* _-P_ N._.84342- 0072(12)_.. INST. NO. SN199855 (AS IN INST. NO. 80412059) (TOGETHER Wf111 o RIGHT-OF -WAY AS IN i. rn 80241855) v* a 0.381 ck 41,727 (D2 SET) ..1.22 ,wide concrete sidewalk N. E. CORNER LOT 13 co' 1.19 1B e kaJ CIS. aee�.��ft�..._.����.� war N87'27'W (D2 k ME c i CC v� »�i�� a row of cedors 35.90 0.9 to 2.4 width CY 4 4 P.LN. 84342- 0074(LT) 3-,7‘h cj ^�O INST. NO. R0369724 y� 4). (SUBJECT TO h RIGHT -OF- 24 AS IN ,,tb' 6 i •c 0 o 4P-7/ o CM(P2) y• (3/28/2008) Andrew Bryce ZBLA 5007 River Road Page 1 From: To: Date: Subject: Andrew: "'Colosimo, Peter <peter.colosimo@regional,niagara.onca> "Andrew Bryce" <abryce@niagarafalls.ca> 3/18/2008 3:39 PM ZBLA 5007 River Road Re: Zoning By-law Amendment Application 5007 River Road 'David Hagerman City File: Am-2008-003 City Of Niagara. Falls Peter COIOSITTIO, M CIP, RPP Senior Planner Regional Niagara Planning Development Department 2201 St David's Road, P,O. Box 1042 Thorold, ON 1..2V 4T7 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E-Mail: petercolosimo@regional.niagara.on.ca <mailto:petercolosimoQregional.niagara.on.ca> MR 28 200 PLANNING EV ELOPMEN The subject property is within the Urban Area according to the Regional Policy Plan. The Regional Planning and Development Department has no concerns with this appitation as the:prOpotal conforms to Provincial and Regional pOlicieS, .However, there may be local planning issues to me met to the satisfaction of the City. 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. lf 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. Apn 1. 2008 3:02PM NIAGARA PARKS ENGINEERING No.2758 P. 1 Par MmAnOarixedmgrumut0040,44kiAtc315 Andrew Bryce Planner 2 Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: RE: AM-2008-0Q3 PROPOSED COTTAGE RENTAL 5007 RIVER ROAD Thank you for the notification of this above noted application. Niagara Parks planning staff have no comment. We would appreciate a copy of the City's decision. /cr Chairman RECEIVED APR 1 PLANNING DEVELOPMENT Yours truly, Engineering Dave Gillis Phone: 905/358-2241, ext. 260 Fax: 905/1567262 npcen.4eniagaiaparks.com March 31, 2008 Da. MCIP, RPP Manager Planning Properties FRE NIAGARA PARKS COMMISSION Jahn Kernahax RO. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niamarattarks.con General Manager Dear Andrew We are the owners of 5007 River Rd and we are interested in having the property rezoned so that we can use it as a vacation rental property(cottage rental). Our intention is to rent to one group of travellers. We have been doing the cottage rental business for .over 8 years. We have properties up north in Parry Sound and last year we bought a cottage rental property in Niagara on the Lake. The cottage in Niagara on the Lake is a property that is licensed by the city where building and fire inspections took place. The properties are in good standing with the city and the neighbours. We have strict regulations where we limit the number of people to use the property. In the north we regulate it because of the septic systems and in NOTL due to regulations as well as having a strict upkeep of the property. The purpose of this letter is to outline the proposed use of the property at 5007 River Rd. We would request the property be zoned for the use of up to 8 people. Our intention is not to rent out single rooms for daily or monthly use, rather the entire house for periods of 2 days or more to vacationers. The rooms will have 1 king size suite on the third level, and 3 queen rooms in the 2 floor, There will also be one room for a desk and chair. There is a living room, dining room, kitchen and the basement will be used for laundry facilities. The house has a special character to it that we have maintained and hope to attract a higher end clientele. In Niagara on the Lake we have an independent booking agent that helps us maintain the property and gets our bookings. We have a very successful working relationship in NOTL and Suzanne will be working with us in Niagara Falls. Bookings get done via telephone calls or the internet and are confirmed on line prior to arrival. Payments are made via credit card again prior to arrival. You may call Suzanne for references on how we deal with her and our properties. Suzanne Lefebre 905-468-8985 (niagararentaWsympatico.ca) We submit this letter for your consideration and further discussion. Sincerely, David Hagerman Alex Rasiulis RECEIVED MAY 2 Aka PLANNING DEVELOPMENT I a I I j 1 i I i i r. VP r r I 1 i' r! MIN I f t _—.i. f f AII I °s- t j f f r tI ilO i mom R Rf 1 r1 Y r �l HtHi i t t j tri 1[11 fli I II t t I i f� 1 May 12, 2008 PD- 2008 -42 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara alts CANADA Re: PD- 2008 -42 AM -2008 -006, Zoning By -law Amendment Application 6289 -6311 McLeod Road and the Rear Portion of 7175 -7189 Drummond Road Applicant: 1006057 Ontario Limited, ola Niagara Olympia Homes (George Bandi) Proposed 3 Storey, 24 Unit Apartment Building That Council approve the Zoning By -law amendment application to permit a 3 storey, 24 unit apartment building with a pitched roof, subject to the recommended provisions outlined in this report. 4' i kc4 +ham r.f s i s e r 5 t o.c k.udecL in 4h-e s i-te plat) process. 1006057 Ontario Limited ola Niagara Olympia Homes has requested an amendment to Zoning By -law No. 79 -200 for land holdings, totalling 0.34 hectares (0.8 acres) in area, known as 6289 -6311 McLeod Road (Parcel 1) and 7175 -7189 Drummond Road (Parcel 2 rear portion only), as shown on Schedule 1. Parcel 1 is zoned Residential Apartment 5B Density (R5B -227) with site specific provisions permitting the development of a 3 storey, 20 unit apartment building with a flat roof. The land known as 7175 -7189 Drummond Road is zoned Institutional (I) and is occupied by a place of worship and an associated parking area; the portion of this land behind 6209 -6311 McLeod Road, identified as Parcel 2 on Schedule 1, is vacant. The applicant is requesting a new site specific R5B zone be applied to Parcels 1 and Parcel 2 to permit a 3 storey, 24 unit apartment building, as shown on Schedule 2. A future severance application is required to sever Parcel 2 from 7175 and 7189 Drummond Road and merge it in title with Parcel 1. A site specific provision permitting an increase in height from 10 metres (32.8 feet) to 12.5 metres (41 feet) to accommodate the peaked roof is also requested. Due to the height of the peaked roof and the desire to construct the building with the same side yard setback as the approved apartment building with a flat roof, a reduction to the required westerly interior sid yard width is requested from 6.25 metres (20.5 feet) (one half the building hei metres (15.7 feet). 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafails.ca Working Together to Serve Our Community Community Services Department Planning Development May 12, 2008 2 PD- 2008 -42 Surrounding Land Uses The property abuts single detached dwellings to the north and west. The properties to the west and south, although occupied by single detached dwellings, are zoned Transition Residential Multiple (TRM). The TRM zone acts as a holding zone that permits existing development until the lands are approved for multiple residential development. On the east is a place of worship and a motel. Circulation Comments Regional Municipality of Niagara No objections. The proposed development is supported under the Provincial Growth Plan, Provincial Policy Statement and the Regional Policy Plan, which all promote residential intensification and more affordable forms of housing. Municipal Works No objections. There are adequate services available for the proposed development. Servicing and grading details will be reviewed at the site plan stage. Transportation Services No objections. A traffic study is not required. Parks, Recreation and Culture No objections. Cash in lieu of park land will be required at the appropriate stage. Landscape details will be reviewed at the site plan stage. Building Services Fire Services All required Building Permits to be obtained prior to commencement of construction. No objections. Fire safety concerns can be addressed through the normal site plan review. Resident Comments One letter has been received, requesting adequate fencing to screen noise and lighting impacts, and citing concerns about grading and drainage. May 12, 2008 3 PD- 2008 -42 Planning Analysis 1. The proposed development supports 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 the urban area. Additional infill projects similar to this one will be needed by 2015 for the City to reach the above noted intensification goal. 2. The requested amendment conforms to the Official Plan. The land is designated Residential by the Official Plan. Residential lands near Minor Commercial areas, schools and parks, with access on to an arterial road, such as the subject site, can be considered for apartment dwellings if compatible with surrounding development. Such apartments are to be limited in height to 4 to 6 storeys and limited to a maximum density of 100 units per hectare (40 units per acre). The requested amendment conforms to the Official Plan as follows: The proposed apartment building represents a minor expansion of a previously approved apartment building site. The height of the proposal (3 storeys) and its density of 70 units per hectare (28 units per acre) are within the height and density contemplated by the Official Plan for this site. As the site has direct access on to an arterial road (McLeod Road) local roads will not be impacted. The site abuts a Minor Commercial district to the east and is close to schools and parks. Transit services are available on McLeod Road which provide ready transportation to other parts of the City. Provided the changes recommended below are undertaken, the proposed development is compatible with surrounding development. The additional height is requested to accommodate a peaked roof feature to better reflect the character of the surrounding dwellings. Setbacks, in excess of 23 metres (76 feet), will be provided from the residential properties to the rear. The proposed development also reflects the general character of development along McLeod Road, which has a mix of single detached dwellings, townhouses, low rise apartment dwellings and commercial buildings. To better reflect the existing streetscape along McLeod Road and provide increased setbacks and extra buffering for dwellings to the rear, it is recommended the building be moved forward approximately 3 metres (10 feet) toward McLeod Road and the 2 parking spaces in front of the building be relocated to the rear yard. This will result in a landscaped front yard setback of May 12, 2008 4 PD- 2008 -42 10 metres (33 feet), equivalent to the dwelling to the west, and will provide additional room for parking, landscaping and amenity space in the rear yard. 3 The requested zoning is appropriate. The applicant has requested the R5B zone be applied to the whole of the land with site specific provisions to permit the development. This zone is appropriate for a development of this scale and density. Building height is measured to the top of the roof. As such, current zoning standards would allow the applicant to build a 3 storey apartment building with a flat roof. However, the applicant wishes to construct the building with a pitched roof (see Schedule 3 for elevations). The additional height required to accommodate the pitched roof is recommended as this will provide a design that is complementary to the surrounding single detached dwellings. It is recommended the amending by -law limit the building to three storeys while allowing this pitched roof design. The zoning by -law requires a side yard setback of one half the building height. If the proposed building were built with a flat roof, it would have a height of around 8.5 metres (28 feet) and an interior side yard of 4.25 metres (14 feet) would be required. Because the height of the building with a pitched roof is 12.5 metres (41 feet), a side yard setback of 625 metres (20.5 feet) is required. Instead of providing a 6.25 metre side yard, the applicant wishes to provide one side yard having the equivalent to a building having a flat roof. This is acceptable because a 3 storey building with a pitched roof is not expected to have any greater impacts than a building with a flat roof. In addition to the site specific side yard, several other special provisions should be included to achieve the proposed site design changes outlined earlier. The amending by -law should secure the following measures: A minimum rear yard setback of 25 metres (82 feet) and a maximum front yard setback of 10 metres (32.8 feet) to ensure the building is sited in the best location. The provision of a maximum front yard setback will provide for a building setback consistent with adjacent dwellings. Landscaped front and westerly side yards, to provide a pleasing streetscape and buffer lands to the west. A 3 metre (10 foot) wide landscaped open space strip between any parking and the rear lot line, to buffer residences to the rear. A 4.5 metre (15 foot) wide landscaped open space strip between any front yard parking and the front lot line. The landscaping can be readily provided with the proposed redesign recommended above. The applicant is in agreement with these improvements. May 12, 2008 5 PD- 2008 -42 4. Site Plan Control is applicable. At the site plan stage such matters as grading and servicing, landscaping and fencing, lighting and garbage facilities will be detailed and reviewed. The site plan agreement will ensure surrounding properties are not adversely impacted by the grading of the subject site, and that lighting for the development does not project on to surrounding properties. CONCLUSION: The proposed Zoning By -law amendment can be supported for the following reasons: It conforms to Provincial policies and with the Official Plan policies that apply to the area. The requested increase in height to accommodate a pitched roof design will not increase impacts on the neighbouring properties. Incorporating site specific zoning provisions will ensure the greatest degree of compatibility. CAN, Recommended by: Approved by: Ed Dujlovic, Executive Director of Comm ity Services Respectfully submitted: t. 01- John M.ronald, Chief Administra we Officer Alex HerlovitcJ, Director of Planning Development A. Bryce: mb Attach. U:1Land Manager1PlanninglZoning0P \Council Report1CouncilRep- AM2008006.doc Subject Land SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Location: 6289 6311 McLeod Road and Rear Portion of 7175 7189 Drummond Road Applicant: 1006057 Ontario Limited o/a Niagara Olympia Homes 1:NTS AM- 06/2008 K: \GIS_ Requests\ 2008\ Schedules \ZoningAM1AM- 06\mapping.map April 2008 k 0 SPIT Schedule 2 'RES/ DEN TIA I E l i OD ROAD (23m W/DE), r a sng2.0 iiiitrano a „,,we. (ROAD ALLOWANCE SEMEN TONNSNIP LOTS 171.& 777) 42.623 GROUND FLOOR AND SITE PLAN SCALE :1:200 1.00m Z 0 1/4 0' Regional Road No 49 Ienasdi• Dr 41 SOUTH ELEVATION S( ALE :1:200 Schedule 3 SCALE :1:200 SCALE :1:200 SCALE :1:200 EAST ELEVATION WEST ELEVATION, NORTH ELEVATION a952/200 vonne Blais Fwd: RE: ile AM-2008-006, From: Andrew Bryce To: Yvonne Blais Date: 4/22/2008 10:49 AM Subject: Fwd: RE: File AM-2008-006, George Bandi, 6289-6311 McLeod Road 24 unitapartment dwelling Hi Yvonne, can you please put this on form May 12 Council. Thanks, Andrew. t .I%! 0 "Colosimo, Peter" o Andrew: The subject property is within the Urban Area according to the Regional Policy Plan. There are no concerns from a Regional planning perspective as the proposed apartment building is supported under the Provincial Growth Plan, Provincial Policy Statement and the Regional Policy Plan which all promote residential intensification and more affordable forms of housing. Regional Public Works staff is reviewing the application to determine any Regional servicing or road requirements. These comments and requirements will be forwarded as soon they are available. Peter Colosimo, MCIP, RPP Senior Planner Regional Niagara Planning Development Department 2201 St David's Road, P.O. Box 1042 Thoro1d, ON L2V 417 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E-Mall: -t r. olosi .nia on --Original Message--- From: Andrew Bryce b ce Sent: Wednesday, April 02, 2008 4:51 PM To: Colosimo, Peter Subject: File AM-2008-006, George Bandi, 6289-6311 McLeod Road 24 unitapartment dwelling Hi Peter, thanks for the call back. The reason 1 called was to see if there were any significant Planning or Transportation Issues with this file. Thank you Andrew Bryce a a c APR 2 2 2008 to PLANNING DEVELOPMENT 4/4/2008 8:18 AM d Road 241rnitapartmenfdwelli e From a public works point of view, are there any road widening requirements or access Issues that would affect the design of the site? 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 recipient(s) named above, and may be legally privileged. if the reader of this message is not the .intended recipient, you 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 this :Communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Mr. Andrew Bryce City ofNiagara Falls, Planning Development 4310 Queen Street, PO Box 1023, Niagara 'Falls, Ontario, Canada L2E 6X5 Dear Mr. Bryce, PLANNING DEVELOPMENT I'm writing to express my concerns in the development of the twenty-four unit apartment complex just west and adjacent to 6247 McLeod Road. I've been a resident of 6312 Hawkins Street for 54 years and throughout that time the property behind my home had been left unused and water from my property had drained into a catch basin on that vacant lot. My concerns are as follows: Concern number one is that the noise and the lights from the cars and homes to be built behind my home will be disruptive to me and my yard. I would like to ask for the construction of a solid fence of at least ten feet at the back of my property, the idea of this being to deflect any headlights, or noise associated with closing doors and running engines. My second concern is the drain that is situated behind my home where the water from my yard currently runs, is situated where the proposed parking lot will be placed. I want to be assured that if the parking lot is raised the water will not pool at the base of my property. I request that a catch basin be placed at the property line or that new parking lot to be placed at or below my existing grade level. Signed, F. G. Martin I do not oppose the construction of this project if my concerns are addressed. 6312 Hawkins Street Niagara Falls, Ontario L2G 3135 May 12, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -44 26CD -11- 2008 -01, Draft Plan of Condominium (Conversion) 5521 Drummond Road (West Side), South of Frederica Street Owner: Skyview Drum Apts. Ltd. (Angela lannuzziello) RECOMMENDATION: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: Nice ara cells CANADA PD- 2008 -44 The applicant proposes to convert the existing 56 -unit rental apartment to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g., hallways, driveways and open space) shared by the condominium corporation. There is no new construction proposed. The property is on the west side of Drummond Road, south of Frederica Street as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. 4310 Q een;Street, P.Q. Box 1023, Niagara Fails, ON, Canada 2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 12, 2008 2 PD- 2008 -44 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2007. The data indicates a vacancy rate of 3.2% for all surveyed apartment units in Niagara Falls. The City -wide rate has decreased from 5.1% in 2006, but the CMHC figures exceed the Official Plan three percent vacancy rate threshold. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The building contains 34 one bedroom apartments and 22 units with two bedrooms. The applicant not yet established the estimated selling prices for the proposed condominium units. However, it is anticipated the unit prices would provide additional affordable housing within the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. The vacancy rate throughout the major urban centres of Niagara is 4.0% for all apartment units. On this basis, the Region is not opposed to the conversion of these apartment units. However, the Region notes that the vacancy rate in Niagara Falls has declined considerably over the past year. Regional Planning staff advise that there could be future impacts on the supply of rental housing in the City if the downward trend in the vacancy rate continues. Site Assessment The apartment development was constructed in two phases. The 3- storey section at the rear of the land was built in 1963 and the 4- storey portion near Drummond Road was built in 1973. These apartments were constructed in compliance with Zoning By -law provisions in place at that time and a site plan that has since expired. The property is currently zoned Residential Apartment 5B Density (R5B) in accordance with Zoning By -law No. 79 -200. Although compatibility with the surrounding properties has been established over the years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and to formally recognize acceptable zoning by -law deficiencies. May 12,2008 -3 Building Permit records for the apartment no longer exist. A staff review of available information indicates that 55 apartment units were in the building when the 1979 zoning by -law was passed (11 units in the first building and 44 units in the larger building including 4 basement units that were listed starting in 1975). Information submitted with the application states that 5 units are now in the basement for a total of 56 units. This number of units does not comply with the minimum lot area requirements of the R5B zone. Regardless of rental or ownership, compliance with zoning and construction safety standards for the extra unit is needed. The existing development provides 63 parking spaces for the 56 apartment units whereas the current zoning would require 78 spaces. The submitted plan proposes additional parking in an attempt to satisfy the zoning standard. However, the proposed driving aisles do not meet the width requirement and several of the spaces would potentially interfere with garbage truck movements. The applicant advises that there is sufficient parking on the site for residents /visitors and that no complaints have been received. The property is also near a transit route and shopping. Staff is satisfied that the parking situation can be recognized through a variance application. A plan showing the existing layout and dimensions of the spaces and driving aisles is needed to determine if a minor redesign is possible and the extent of the variances. The height of the 4- storey section (11.65 metres /38.2 feet) and minimum north side yard width (5.35 metres /17.6 feet) do not satisfy the current zoning provisions and should also be addressed through variances. Private waste collection service is provided. The garbage container is north of the building near the east end of the parking garage and stored in the open. An enclosure is required to screen the garbage area from residents and abutting properties. The Region requests a condition to formally advise purchasers that the site does not satisfy the Region's policy for waste collection. Minor driveway aisle changes may be needed for fire access to the north side of the building. Privacy fencing would normally be required along the west limit of the parking area next to the rear yard of the abutting residence. However, there are existing trees that could be impacted by fencing installation. The land is within an old plan of subdivision (prior to typical parkland requirements) and cash -in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wiison:gd Attach. S: \PDR\2008 \PD- 2008 -44, 26CD -11- 2008 -01, 5521 Drummond Rd, Draft Plan of Condominium.wpd Alex Herls■i ch, Director of Planning Development Ed Dujlov`tc, Executive Director of Community Services MacDonald, Chief Admin ,strative Officer PD- 2008 -44 May 12, 2008 -4 APPENDIX Conditions of Draft Plan of Condominium Approval PD- 2008 -44 1. Approval applies to the 5521 Drummond Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated January 29, 2008 (revised April 30, 2008), showing an apartment building containing 56 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any zoning by -law provision deficiencies for the property including minimum lot area, number of parking spaces, driving aisle width, building height and north side yard width. 5. The developer submit information verifying compliance with the Ontario Building Code for the extra unit in the apartment or undertake any necessary alterations to the satisfaction of the Building Division. 6. The developer submit a plan showing the location and the proposed garbage enclosure details for the review and approval of Parks, Recreation Culture. 7 The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 8. The developer revise the driveway area to the satisfaction of Fire Services, if required, to provide fire access to the north side of the building. 9. The developer provide an updated Human Resources section of the building's Fire Safety Plan to Fire Services if there is a change of ownership. 10. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 11. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. May 12, 2008 5 PD- 2008 -44 Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 10 Proposed Plan of Condominium 5521 Drummond Road 26CD-1 1-2008-01 Subject Land K \GIS Requests\2008 \Schedules \Condos \5521 Drummond.map SCHEDULE 1 Location Map rn #420 HWY NORTH ST FREDERICA ST um= RES DIVISION ST PROSPECT ST MEM 1 :NTS May 2008 1. -x -x x x 1 t t �T 1 1 1 oLO f L e ti 1.,.,. 1 "xI.* 1 1 1 J 1 2 CIS 1• 1 1 1 1 1 LOT e 1 6 iii 01111 1 s .s o 1--1 ,IC i N. I 0 d 1 t ote 3' 3 1 `eo 1i a 0 T 1 3 T 1LL 2 LPrx yuV(.p•�I Wp.1.rN.t41A.14M«•. ti O I O REGISTERED NA404SY MB4'46 rr PLAN t LOT WE310EN8AL 52 90.641 M(aR- RE59:224 S 35 33,451 LOT 36 N84'4a11 WESOENNAL Y5#: 12 430 MacOEN. 96 000OSIR CT. I I� LINOYS UNE 8 KEY PLAN (not to scale) UBJECT LANDS ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1998 NO -AS aHDwN ON DRAFT PUN 161 -A ago. .4 D RAFT m661 ICI -AS SHOWN ON GRAFT AND KEl' PUNK (D) -THN, (SAPROPOSED 90 UNIT 001.4006164UM DEVELOPMENT (R)-AS TOM. ON DRAFT PLAN (f) -ASS.. ON DRAFT PUN (G) -AS SHOWN ON DRAFT PLAN (a)- MUNICIPAL (I)- SANOYLOAM 6 -AB SHOWN ON DRAFT PUN NO -ALL MUNICIPAL SERVICES AVAILABLE (L)'HONE I AND USE ANALYSIS LOT AREA BUILDING AREA (COVERAGE) ROAD/PARKING (COVERAGE) UNOSCAPE /OPEN AREA (COVERAGE) NUMBER OF UNITS 7353 .p. n 1475 aa•m (20.1X) 2907 sq.. (39.59) 2971 ay.m (40.49) 34 ONE-BEDROOM 72 nvn RFTR6C. 56 TOTAL PARKING 1 GARAGEACE5 5 OTHER 5 ACES 77 TOTAL BY -LAW 1.4 PARKING SPACES PER UNIT 78 SPACES :omoas boundary of .R. Draft Plan d Condon* Kun Colwsaion d PART OF LOT 35 PLAN 2 (MAJOR LEONARD PLAN) CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1 290 MoNN•wa, Cam•ren, 9 )(Any )(Any T. How. SURVEYING LIMITED LLN: 38250 2008 r4Wstl par., O.c. 19, 2007 OWNFR CERTIFICATE 1 HEREBY AUTHORIZE 419E0 THEW WS. CAMERON. HEYWOOD KERRY T. NONIAG WE A RA FAL SURVEYLS ING F0MOR ITED TO SUBMIT 1915 PLAN TO THE CITY OF APP ROVAL Pr: oamp a MF4N 6...4 ICYY)BW LRIAMAMIN LTD SURVEYOR'S CERTIFICATE HEREBY CERTIFY 114AT THE BOUNDARIES OF THE LAND TO BE SUBDMDED ARE CORRECTLY SHOWN. `M.� A 1Ny�eaO a..IV1. LN lrwpr MKREWS, CAMERON, HEYWOOD KERRY L HoWE SURVEYING Lm. as ••f: 'W♦L ...rA►aAA IaR Ie.iF,1N I.JIW. araK iews��liq A.. rPWar r, sa...., a a.q •F ...r.r May 12, 2008 PD- 2008 -39 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara alls CANADA Re: PD- 2008 -39 Commercial Building Facade Improvement Grant Application 5928 Sylvia Place Feliciano Pingue Plastering Limited 1. That Council approve the application for a Commercial Building Facade Improvement Grant in the amount of $20,000, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the related grant agreement. The City has received a Commercial Building Facade Improvement Grant Application for 5928 Sylvia Place. The building is currently one storey in height and contains a public garage use and two offices. The owner wishes to carry out a number of improvements to both the exterior and interior of the building. The extent of exterior work includes a new exterior wall finish, new signage, and replacement of doors and windows. These improvements will be in excess of $20,000. The structural items include a new heating and air conditioning unit and a new roof. The total cost of improvements to be carried out is in excess of $90,000. Based upon the work proposed and the estimate provided to staff, the applicants will be eligible for a maximum grant of $20,000. A plan showing the location of the property is highlighted in Appendix I. A drawing of the proposed facade is shown on Appendix 2. Although the subject property is located along a less traveled road, the commercial site is in close proximity to Ferry Street and the Sylvia Place Market. The improvements to the building will improve the appearance of the site and have a positive effect on the surrounding area. As part of the grant approval process, the applicant will be required to enter into an agreement with the City. The agreement will specify the details for the grant which will be provided following the work being completed and inspected by City staff. et, P.O. Box 1023, Niagara Faris, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 12, 2008 2 PD- 2008 -39 CONCLUSION: The improvements proposed by the applicant will improve the appearance and structure of the building. The proposed work will also have a positive impact on the revitalization efforts in the Main and Ferry Street areas. Based upon the above, staff recommends approval of the grant application. Recommended by: Approved by: Respectfully submitted: BB: Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Com unity Services John M o S:1PDR120081PD- 2008 -39, Facade and Commercial Building Grant Pingue.wpd onald, Chief Administrativ Officer Location Map 5928 Sylvia Place Appendix 1 =irk NMI sir i r ;411111116 vr7 IM Ma :I LLII$$ tlllli! ,�11r Ililal ilL'ilIIllIllllI"lIli NAM mom 'rt II 1 SMIM VIP OS �t■ Ii MU ■ri IL-�■ iiifJI IIIIII II r -__r .r•■ ..r•■ �iniIU 111111 MINIMS M1111111S $Ii :111 I _t ■r .d 11111111 11� 1111111 ��Il 111 1 1 5928 Sylvia Place Historic Drummondville Community Improvement Project Area 1:NTS April 2008 K:\GIS_ Requests\ 2006 \Custom\Intemal\ Planning \CIP\Historic_Dr ummondville. map NEW EIFS COLOUR A NEW EIFS COLOUR B SOUTH ELEVATION SCALE: 3/16 =1' -0" SCALE: 3/16 =1' -0" SCALE: 3/16 =1' -0" NORTH ELEVATION NMI OM an WO WEST ELEVATION ra SW MMUS MI NAT WO aR Ina. aa•iw. ier _Lres An WO ANIMAS A MIS Lee NAM Iwnig aw en —.a ran Appendix 2 Appendix 2 May 12, 2008 PD- 2008 -40 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -40 Commercial Building Facade Improvement Grant Application 4416 Queen Street C. A. Tartaglia, S. M. DePietro RECOMMENDATION: 1. That Council approve the application for a Commercial Building Facade Improvement Grant in the amount of $20,000, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. BACKGROUND: Niag ara ails C A N A D A The City has received a Commercial Building Facade Improvement Grant Application for 4416 Queen Street. This application is the first such application proposed for the Downtown area. The building is currently vacant and will be occupied by Roberts Jewellers who are moving from their present location at the northwest corner of Queen Street and Ontario Avenue. The owners wish to carry out a number of improvements to both the exterior and interior of the building at 4416 Queen Street. The exterior facade work includes new windows, door, signage and exterior finish to the building. The addition of an architectural cornice along the top of the front portion of the building will enhance the appearance and add to the historical character of the building. These improvements will be in excess of $20,000. The structural items include a new roof, electrical and plumbing work. This work is also in excess of $20,000. Based upon the work proposed, and the estimate provided to staff, the applicants will be eligible for a matching grant of up to $20,000. A plan showing the location of the property is highlighted in Appendix 1. The proposed building front is shown in Appendix 2. As part of the grant approval process, the applicants will be required to enter into an agreement with the City. The agreement specifies the details for the grant which will be provided following the work being completed and inspected by City staff. 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 May 12, 2008 2 PD- 2008 -40 CONCLUSION: The improvements proposed by the applicants will greatly improve the appearance and structure of the building. The proposed work will also have a positive impact on the revitalization efforts along Queen Street. Based upon the above, staff recommends approval of the grant application. Recommended by: Approved by: Respectfully submitted: BB: 4 11 4 16 Alex Herlovitch, Director of Planning Development Ed Dujlov Executive Director of Community Services John Ma nald, Chief Administrative Officer S: \PDR12008 \PD- 2008 -40, Facade and Commercial Building Grant Tartaglia and DePietro.wpd HURON ST OWE 4416 Queen Street Road Allowance Property Parcels I Downtown Community Improvement Project Area ELLIS ST Location Map 4416 Queen Street HURON: ST BRIDGE ST QUEEN ST Appendix 1 1: NTS April 2008 K: \GIS_Requests \2007\ Custom \Intemal \Planning \CIP \Downtown map NEW 2" X 6" N000 STUD t 12" O.G. RAISED PARAPET SECEUREI. Y FASTENED TO EXISTING ROOF OEGKTOP PLATE WITH CARRIAGE BOLTS AND WASHERS AT 12" ON CENTER AND NAILS. LAP 3 PLYk 400D DOWN 3' 0" TO WALL FACE SECURELY FASTENED AND 3 4" EXTERIOR GRAPE PLYIn1O00 TO REAR, PATCH INTO EXISTING ROOF, MAKE WATER TIGHT, METAL FLASHING TO U15 OF GAP FLASHING BACK AND SIDES. NEW ALUMINUM GLAZING THERMALLY BROKEN MEDIUM BRONZE TO FIT EXISTING ROUGH OPENINGS CM I" THERMAL GLASS, LOW E ARGON, CLEAR 6 MIL TEMP., 1 ST SURFACE, 6 MIL LAMINATED 2ND PANE, CLERESTORY, SAME W1IH b EQUALLY SPACES MUT1N BARS, BLACK OR BRONZE IN COLON CALK. PROVIDE SILLS. METAL CAPPING TO MATCH WINDOW GLAZING REPRESENTS INSULATION THICKNESS OF EFS SCALE 318 l'-0" PROPOSED L7 FRONT EL ATION I" "V" NOTCH WOVE TYPICAL 6" FRIEZE TYPICAL -l" FOAM 0 NEW PREFINISHED 24 GA. METAL CAP FLASH COLOR CHARCOAL BY ANDEX METAL PRODUCTS 0306 -5 TYPICAL 6ANAMOULD: CAN- BAN -010 COLOR DUREX M1D14 GHT 8010280 NEW EIFS- RAINSGREEN BY DUREX OR APPROVED EQUAL. GRAFFIATO FINISH DUREX COI IVORY FRESCO B01033P BANQUET BROWN B010330 \:..J- SAND DUNE B0I033M FLUSH INSULATION TO FACE OF BRICK AND 6.ARRY OVER 2" THICKNESS CANAMOULD: CAN- 13AN -OIA COLOR DUREX MIDNIGHT 8010280 C ANAMOI.ILP: 6AN- BAN -OO`1 COLOR DUREX MIDNIGHT B01028D OPTIONAL CANOPY LOCA I IONS EXISTING TILE COVE G/W VITR'OLITE PANELS TIP OPTIONAL PROJECTION SIGN LOCATION ALUMINUM SILL TYP. SET BACK GLASING 29 FROM GRANITE 4 FACE TYP. CAULK. NEW 12" X 12" GRANITE TILES C/W ALL METAL TRIMS. RELOCATE COMMEMORATIVE BRASS PLAQUE 1946" Appendix 2 May 12, 2008 PD- 2008 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -41 Brownfield Rehabilitation Grant Application 3807 Stanley Avenue 1578891 Ontario Ltd. (Mark Basciano) RECOMMENDATION: 1. That Council approve the application for a Rehabilitation Grant, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the related agreement. BACKGROUND: Niag ara alts CANADA The City has received a Rehabilitation Grant Application under its Brownfield Community Improvement Plan for the former Triebacher Schleifmittel Manufacturing Plant along the west side of Stanley Avenue, north of Thorold Stone Road. The property is currently vacant and 19.5 acres in size. The property has been subject to a series of severance applications which will divide the property into five parcels for future light industrial use which could include such uses as a contractors office, light manufacturing and assembly, and a wholesale business. One of the conditions attached to the approval of each severance is the preparation of a Record of Site Condition which will be prepared following the successful remediation of the land. A location map is shown in Appendix 1 and a site plan showing the lots to be created and potential buildings is attached as Appendix 2. The former industrial use produced silicon carbide and aluminum oxide used in manufacturing of abrasives. Approximately 13,550 cubic metres of soil with concentrations of PAH's, petroleum hydrocarbons and heavy metals will be removed from the site. The projected cost of the remediation will be about $2.7 million. New sanitary and storm services will be provided to the site and underground building foundations will be removed to make way for the new development. Eligible rehabilitation program costs in the form of new sewers, demolition of underground foundations will be approximately $1.2 million. The applicant has provided written cost estimates from a qualified person and bonafide contractor for all the eligible costs which totals $3.9 million. en Street, P.O. Box 1( ara Falls, ON, Canada L2E 6X5 945 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 12, 2008 The intent of the Rehabilitation Grant Program is to provide a financial incentive in the form of an annual grant for up to 10 years to help offset the costs of remediation, rehabilitation and redevelopment of the brownfield property. The payment of the Rehabilitation Grant occurs following redevelopment, reassessment and payment of the first year of the reassessed tax amount. The amount of grant provided is based upon the actual remediation and other eligible costs and the maximum amount cannot exceed the estimates provided in the application. The Region who is a partner in the redevelopment of brownfields will share in the payment of the grant proportionally. There is a significant economic benefit with the redevelopment of the subject site. Not only will the large property be remediated to a desirable standard that will permit light industrial development, there will be new buildings constructed and the creation of dozens of new jobs. CONCLUSION: This application represents the City's first Rehabilitation Grant received under the Brownfield CIP. The remediation and redevelopment of the former Triebacher Schleifmittel site will be of great benefit to the City by cleaning a site that has been Tying idle and derelict for a number of years in a prime gateway location in the City. Based upon the above, staff recommends approval of the Rehabilitation Grant Application for 3807 Stanley Avenue. Recommended by: Approved by: Respectfully submitted: BB: A L 5 U,ekt, Vo2 Alex Herlovitch, Director of Planning Development 2 PD- 2008 -41 Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administ ative Officer S:\PDR120081PD- 2008 -41, Brownfield Tax Assistance Rehabiltation Grant Mountainview.wpd AMES A llllllMIN■ AIMlll 111 IN fl 11 9 11111111116? 3807 Stanley Avenue Pilot Project Area Road Allowance Property Parcels Rivers Power Canal U.S.A. International Border U.S.A. MUM 4II 5 1111111 M 1 11111111111 1111111' 11111111 1111111 1111111 111111111 1111111 11111lf1 111111111 1111i11111i1111 10010101111111 A!i111111 MUM uiliiiiiiiiiiiii IIIIIIPSLiallill IIIIIIIihd1� i ga= 11 111111 11111 Olin 101 i:( +1 +7 +c +�h:i• II SI 111111111111= .1■u1111111111I !!III, IIII1 11I1L0P_ April 2008 K: \GIS_Requests \2008 \Custom \Internal \Planning \Pilot Proj_Area.map Location Map 3807 Stanley Avenue Appendix 1 nt AREA 1.82ha/4.50acre UILDING AREA 4802m PARKING SPACES 205 11r111 L._ 111111111111111111111111111 g1111111111111111111 SITE AREA BUILDING AREA PARKING SPACES 1.781,o/4.40acre 5040m 201 LOT A Pkg:r _11111111111111111111111111111 I I I 1 1 1 I 1 1 1 1 1 I 1 I 1 I I I I I I I I LI 1 1 I I DRAWING 11TLE, CONCEPT PLAN DESI N. SCALE: 1 1500 LOT B to TV T" 2 MIN PARKING REQ'D 1 PARKING SPACE FOR EACH 25 sq.m Qp 4, /on Iv 1 4 44. UPPER CANADA CONSULTANTS ENGINEERS/PLANNERS RrelEtral3?, STANLEY INDUSTRIAL Appendix 2 MARCIl 17. 2008 0340CP 10 °RAMO Nor R.. May 12, 2008 PD- 2008 -43 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara ails Re: PD- 2008 -43 Commercial Building Facade Improvement Grant Application 5485 Ferry Street Feliciano Pingue Sons Construction Ltd. RECOMMENDATION: 1. That Council approve the application for a Commercial Building Facade Improvement Grant in the amount of $15,000, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. BACKGROUND: The City has received a Commercial Building Facade Improvement Grant Application for 5485 Ferry Street. The application is for Napoli Restorante and Pizzeria. The owner wishes to carry out a number of improvements to the exterior of the building. The exterior facade work includes new windows, re- stucco and painting the building and new signage. Although these improvements will be in excess of $30,000, the proponent will be eligible for a maximum $10,000 grant for the facade. The main structural item involves repair to the roof which is estimated at $10,000. The proponent will be eligible fora maximum grant of $5,000 or 50% for this portion. Therefore, the applicant is eligible for a total grant of $15,000. A plan showing the location of the property is highlighted in Appendix I. A drawing of the proposed facade is shown on Appendix 2. As part of the grant approval process, the applicants will be required to enter into an agreement with the City. The agreement specifies the details for the grant which will be provided to the proponent following the work being completed and inspected by City staff. a Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 12, 2008 2 PD- 2008 -43 CONCLUSION: The improvements proposed by the applicant will improve the appearance and structure of the building. The proposed work will also have a positive impact on the revitalization efforts along Ferry Street. Based upon the above, staff recommends approval of the grant application. Recommended by: Approved by: Respectfully submitted: BB: 66, Alex Herlovitch „,irector of Planning Development Ed Dujlovic, executive Director of Community Services John cDonald, Chief Administrative officer S :1PDR120081PD- 2008 -43, Facade and Commercial Building Grant Napoli Pizzeria.wpd Location Map 5485 Stanley Avenue Appendix 1 *1i1 C= RI 1 ISM 1I 11 ants mom 1111111111_ IIiII118 SIS SIMS dig lissonsusl 5485 Stanley Avenue Historic Drummondville Community Improvement Project Area 1:NTS April 2008 K: \GIS_Requests \2006 \Custom \Internal\ Planning \CIP\H istoric_Drummondville. map ma 1111111 :ili ii (ii1 {;,11 Appendix 2 May 12, 2008 PD- 2008 -45 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag ara alts CANADA Re: PD- 2008 -45 Matters Arising from the Municipal Heritage Committee 1. That Council approve the Designated Property Grant for two- thirds of the eligible costs for the restoration of a porte cochere on the Doran /Marshall House at 4851 River Road, to a maximum of $3,000.00 as outlined in this report. 2. That Council approve the Designated Property Grant for two- thirds of the eligible costs for the restoration of windows, at the Laura Secord House at 3800 Bridgewater Street, to a maximum of $3,000.00 as outlined in this report. BACKGROUND: The Municipal Heritage Committee held its regular meeting on April 23, 2008. Two matters require Council's consideration: 1. Designated Property Grant Application 4851 River Road Doran /Marshall House An application was received from the owners of the Doran /Marshall House for the restoration of a porte cochere on the north side of the existing dwelling. The existence of this porte cochere was documented in historical photographs and the structure will be restored in a similar style. The grant guidelines state that two- thirds of the eligible costs of a project to a maximum of $3,000.00 will be paid to an owner. The estimated cost of the project is approximately $9,000.00 of which two- thirds would be $6,000.00. Grant guidelines cap the amount of eligible costs at $3,000.00. n street, P.O. Box 1023, Niagara Fa Is, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca orking Together to Serve Our Community Community Services Department Planning Development May 12, 2008 The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application, as submitted, for two- thirds of the cost to a maximum of $3,000.00 to re- establish the porte cochere on the Doran /Marshall House as there is historical evidence to support the existence of this structure." 2. Designated Property Grant Application 3800 Bridgewater Street Laura Secord House An Application was received from the owners of the Laura Secord House to assist with the cost of the restoration of six windows. The cost of this project is estimated to be $5,353.00, of which two- thirds would be $3,565.00. The grant guidelines state that two- thirds of the eligible costs to a maximum of $3,000.00 will be paid to the owner. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application for the restoration of six windows on the Laura Secord House, with the exception of the cost of the storm windows, which are not considered eligible costs under the Designated Property Grant Guidelines, to a maximum of $3,000.00, as the window restoration is considered an eligible project. Recommended by: Approved by: Respectfully submitted: P.Boyle:mb S:1PDR\20081PD- 2008- 45,Matters ArisingMHC.wpd 2 PD- 2008 -45 1(te* Alex Herlovitch, irector of Planning Development Ed Dujlovic, E cutive Director of Community Services John Mac ald, Chief Administrative officer Lundy's Lane Business Improvement Area (BIA) April 25 2008 Dean Iorfida, City Clerk Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Lundy's Lane BIA 2008 Budget Dear Mr. Iorfida: The Lundy's Lane BIA held their Annual General Meeting (AGM) on April 8 2008 at 7:00 p.m. In the attached minutes the budget for 2008 was passed unanimously and thereby approved by the Lundy's Lane BIA members in attendance. The total Lundy's Lane BIA levy to be collected by the City for 2008 is $276,018.00 Please ensure that the City's Finance Department gets this information as well. Thank you. Respectfully, Victor Ferraiuolo General Manager P.O. Box 26008, Lundy's Lane R.P.O., Niagara Falls, ON L2G 7X2 www.LundysLane.com Tel: 905- 374 -6582 E -mail: victor @niagara.com Enclosure: April 8 LL BIA Minutes Directors present: Directors with excused absence: Tish DiBellonia Ethel White -Ashby Directors absent without notice: Paul Perron Jr Gordana Varela Non -Board Members present: Bev Cannon Victor Ferraiuolo Janice Wing Non -Board Members absent without notice: Monica Shahani Guests: Lal Sitlani (Space Motel) Peter Van Kleef (Canpark Resorts) Review of Mission Statement "The Lundy's Lane Business Improvement Area is an association that works together to create and promote a positive and prosperous business environment supporting a year round focus to benefit all businesses on Lundy's Lane through marketing, beautification and events." Previous Minutes Lundy's Lane BIA Board Meeting Minutes MacBain Centre Coronation Room Tuesday 8th April, 2008 7 pm Ross Barr Jay Malak Fran Berry Marj Ruddy Paul Bongers Navin Shahani Len Cade Veena Shahani Hilary Sitlani Lisa Thompson Tony Vommero Motion by Len to accept and approve the corrected minutes from the Board Meeting on Tuesday April 1st at the MacBain Centre. Seconded by Paul Bongers and carried unanimously. Board Attendance Tish and Ethel had communicated to Fran that they would be unable to attend this meeting. 2008 Budget Discussion: Tax levy from the city is the same as last year actual. Bell cannot implement their Single Reach phone in Niagara Region. Victor is trying to find another provider. Therefore he suggests leaving the $500 in the budget. There is currently no deadline for the new website. Concern was expressed that we have already lost one year and it needs to be in place for this season. Victor is developing the timeline and estimates it will be ready in 2 to 3 months, this year for sure. It is important that he does his homework properly and not rush the project, but it is a priority. Vaxxine is our current host supplier and the new member website is being developed by another company Webnet Logics. The graphics on our current website are outdated and need to be revised. Motion by Ross to accept the budget as presented. Seconded by Marj and carried unanimously. 1 Lundy's Lane BIA Income Statement Comparison of Actual to Budget for Fiscal End 2008 Page 1 Actual to 4/7/2008 Budget Difference REVENUE Income Tax Levy from City 0.00 276,018.00 276,018.00 Interest Received 1,257.15 8,000.00 6,742.85 Total Income 1,257.15 284,018.00 282,760.85 TOTAL REVENUE 1,257.15 284,018.00 282,760.85 EXPENSE Lundy's Lane Visitor Guide Expense Artwork Design Costs Expense Distribution Expense Printing Income Advertising Sales Total Lundy's Lane Visitor Gus... 0.00 19,000.00 19,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19,000.00 19,000.00 Marketing Other Billboard Advertiisng 1,462.86 1,463.00 -0.14 CAA/AAA Tour Books 5,707.58 18,000.00 12,292.42 Call Centre 314.85 4,000.00 3,685.15 Gateway Niagara 0.00 400.00 400.00 Misc. Advertising Promotion Co... 0.00 10,000.00 10,000.00 Niagara Seasons Magazine 8,478.75 8,479.00 -0.25 NFT Dining Shopping Guide 2,700.00 2,700.00 0.00 NFT Tourism Guide Niagara 1,350.00 1,350.00 0.00 Residential Directory 0.00 11,571.00 11,571.00 Tods (Canadian) Signage- Ont.H... 4,166.70 7,430.00 3,263.30 Web Site Links 185.00 20,000.00 19,815.00 WFOL Sponsorship 0.00 10,000.00 10,000.00 Total Marketing Other 24,365.74 95,393.00 71,027.26 Festivals Events Advertising -Candy Cane Lane 0.00 2,000.00 -2,000.00 Banners 2,794.50 2,795.00 -0.50 Illuminated Candy Canes Fixtur... 3,842.10 7,205.00 3,362.90 Total Festival and Events 6,636.60 12,000.00 5,363.40 Beautification (BRAG) Banners all seasons 0.00 3,000.00 3,000.00 Landscaping 0.00 57,000.00 57,000.00 Street Maintenance 0.00 20,000.00 20,000.00 Total Beautification (BRAG) 0.00 80,000.00 80,000.00 Administration General Expe... General Manager Wages 3,384.01 43,000.00 39,615.99 Audit Expense 0.00 2,000.00 2,000.00 Bank Charges Interest 10.16 118.00 -107.84 Bookkeeping 0.00 2,500.00 2,500.00 Mail Box Rental 121.00 250.00 129.00 Member Communications (Web) 0.00 3,800.00 3,800.00 Membership Dues 962.50 1,100.00 137.50 Miscellaneous 336.93 1,000.00 663.07 Office Supplies 0.00 250.00 250.00 Printing Postage 0.00 1,000.00 1,000.00 Telephone 0.00 500.00 500.00 2 Lundy's Lane BIA Income Statement Comparison of Actual to Budget for Fiscal End 2008 Actual to 4/7/2008 4,814.60 Total Administration Casino Shuttle Shuttle Expense Total Casino Shuttle Reserves For Capital Projects Battlefield Archway General Reserves Montrose at Lundy's Lane Project West End Gateway (For Budgeting) Total Reserves TOTAL EXPENSE NET INCOME Lundy's Lane BIA General Ledger Report 1/1/2008 to 4/7/2008 1010 Bank CPBC #57 -02712 2/5/2008 Canada Post: Box ##2600... 90 2/5/2008 Vaxxine.com: #5523569... 91 2/5/2008 Pattison Outdoor: #40 -1... 92 3/3/2008 3/3/2008 3/3/2008 1/31/2008 1/31/2008 1/31/2008 1/16/2008 1/31/2008 1/15/2008 1/4/2008 2/29/2008 2/29/2008 4/1/2008 4/1/2008 4/1/2008 4/7/2008 4/7/2008 Fran Berry: Re: Meeting... 93 Niagara Falls Tourism A... 94 Niagara Falls Tourism A... 95 To Rec. Bank Fees Bkstmnt To Rec. Bank Fees Bkstmnt To Rec. Bank Fees Bkstmnt To Rec. Transfer to Bon... Bkstmnt To Rec. Transfer to Bon... Bkstmnt To Rec. Deposit from Cit... Bkstmnt To Rec. Bank Err -CBS Bkstmnt To Rec. Bank Fees Bkstmnt To Rec. Bank Fees Bkstmnt Victor Ferraiuolo Constul... 96 Vaxxine.com: #55244512 97 Canadian Tods Limited:... 98 The Review: #177616 99 Nigara Magazines: #3055 100 0.00 0.00 0.00 0,00 0.00 35,816.94 34,559.79 J1 J2 J3 J5 J6 J7 J8 J8 J8 J9 J10 J11 J12 J14 J14 J16 J17 J18 J20 J21 0.00 0.00 Budget Debits Credits 128.20 157.50 406.88 22.53 2,835.00 1,417.50 4.00 2.00 0.16 267,813.66 65, 000.00 66,017.85 2.00 Page 2 Difference 55,518.00 50,703.40 2,500.00 2,500.00 2,500.00 2,500.00 0.00 0.00 19,607.00 19,607.00 0.00 0.00 0.00 0.00 19,607.00 19,607.00 284,018.00 248,201.06 0.00 34,559.79 4.00 2.00 3,384.01 36.75 126.00 330.75 8,902.69 66, 019.85 350, 573.69 Balance 274,619.08 Dr 274,490.82 Dr 274,333.32 Dr 273, 926.44 Dr 273,903.91 Dr 271,068.91 Dr 269,651.41 Dr 269,647.41 Dr 269,645.41 Dr 269,645.25 Dr 1,831.59 Dr 63,168.41 Cr 2,849.44 Dr 2,851.44 Dr 2,847.44 Dr 2,845.44 Dr 538.57 Cr 575.32 Cr 701.32 Cr 1,032.07 Cr 9,934.76 Cr Page 1 3 Lundy's Lane BIA Balance Sheet As At 4/1/2008 Page 1 ASSETS CURRENT ASSETS Bank CIBC#57 -02712 Bank -CIBC Bonus Saving #29 -51... G1C Certificates CIBC Total Chequing /Savings Accounts Receivable Total Cash Available Other Current Assets Interest Receivable Due from Operating Fund Total Other Current Assets TOTAL ASSETS LIABILITIES Current Liabilities Gst (input) Accrued Expenses Due to Reserves Total Current Liabilities TOTAL LIABILITIES 383,630.27 EQUITY Equity Retained Earnings Previous Year Current Earnings Reserves General Reserves Archway Reserves Montrose at Lundys L... Reserves BRAG Fund 2008/09 Reserves West End Gateway Total Reserves Total Equity TOTAL EQUITY LIABILITIES AND EQUITY 701.32 334,070.81 60, 706.91 167, 038.65 56, 723.07 56, 723.07 90, 000.00 20, 000.00 394, 076.40 1,823.20 395, 899.60 1,187.77 390, 484.79 391,672.56 787, 572.16 8,154.52 1,300.00 390,484.79 383,630.27 39,223.14 -25,766.04 390,484.79 403,941.89 403,941.89 787,572.16 4 Proposed Constitutional Changes Motion by Marj to recommend that Chapter 5 Board Meetings, item 2 Quorum in the constitution be changed to 6 regular members of the Board of Management. Seconded by Hilary and carried unanimously. Motion by Navin to close the meeting. Seconded by Hilary and carried unanimously. Next meeting 10:30 am Tuesday 6 th May, 2008 Board in Community Room, main floor of the MacBain Community Centre 5 Office of the Mayor Inter- Department Memorandum TO: Dean Iorfida DATE: April 28, 2008 FROM: Kristine Elia Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached information from Toronto Residents in Partnership regarding the request for a proclamation distributed to the council. Thanks, Kristine /vAr->'t/(-/R-Q-,- April 22, 2008 Dear Mayor: Toren 0 Residents Partnership N ji r:I €rat rpori ri .o Thank you for your participation. Rick Gosling City Advisor As in every other community in Ontario, Seniors are the fastest growing segment of your constituency. And this growth is not in Ontario alone. The trend to older populations is a worldwide phenomenon. With the rise in numbers, we are also seeing a rise in cases of Elder Abuse. As you know, Elder Abuse takes a number of forms, ranging from financial exploitation and neglect to psychological and even physical harm. Like other forms of abuse, Elder Abuse is abetted by silence. A community that is unaware of the causes and the nature of Elder Abuse and is not exploring possible means of prevention and redress is putting its Seniors at risk. Community awareness is a critical first step to ending Elder Abuse. For the past five years, Toronto Residents In Partnership has taken up challenge to have municipalities across the Province recognize the signs and consequences of Elder Abuse. At TRIP's invitation, the City of Toronto was the first city in the world to proclaim an Elder Awareness Month in June 2002. The numbers today continue to grow. Won't you join the mayors and councils across the beyond and the GTA to officially proclaim June Elder Abuse Awareness Month in your community? Toronto Residents In Partnership is a not- for profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding, co- operation and harmony. We would be happy to offer our support and our assistance in publicizing your community's participation in this initiative. North York Civic Centre, 5100 Yonge Street, Lower Level, Toronto, ON. M2N 5V7. P: (416) 395 -6475 F: (416) 395 -6476 Email: ccrer@toronto.ca Website: www.triptoronto.ca T 1426 Office of the Mayor Inter- Department Memorandum TO: Dean Iorfida FROM: Kristine Elia Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached information from the District School Board of Niagara regarding the request for a proclamation distributed to the council. Thanks, Kristine !V✓AAnSl- DATE: April 28, 2008 Achieving Success Together 191 Carlton Street, St. Cathi, Warren Hoshizaki, Director of Education His Worship Ted Salci Mayor, City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci Yours sincerely Kevin Mayes Chair Ar,„ I look forward to your response at your earliest convenience. (905) 641 -1550 Fax: (905) 685 -8511 April 23, 2008 The Ontario Public School Boards' Association (OPSBA) is hosting their annual conference at the Sheraton on the Falls Hotel in Niagara Falls from Thursday, June 12 Sunday, June 15, 2008. Approximately 300+ representatives from school boards across the province of Ontario will be in attendance and will be participating in many activities and events in and around Niagara Falls. As Chair of the Board of the District School Board of Niagara, l respectfully ask Niagara Falls City Council to proclaim Saturday, June 14 as Public Education Day in Niagara Falls, in recognition and support of the public school board delegates who will be visiting Niagara Falls. Office of the Mayor Inter- Department Memorandum TO: Dean Iorfida FROM: Kristine Elia Ext. 4205 RE: Council Information Hello Dean: Thanks, Kristine DATE: May 1, 2008 Would you please have the attached information from the VON Canada regarding a request for a proclamation and flag raising distributed to the council. CANADA VON Canada Ontario Branch (Niagara Site) 2 3300 Nierrittviile Highway Thorold, ON L2V 4Y6 Tel: (905) 641 -1077 Fax: (905) 641 -5530 VON is accredited by the Canadian Council of Health Services Accreditation Le VON est agree par le Conseil canadien de I'agrement des services de sante VON Canada Charitable number Numero d'enregistrement de VON Canada 12948 2493 RR0001 April 18,2008 Mayor R. T. (Ted) Salci The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada 1.2E 6X5 Attention: Mayor R. T. (Ted) Salci Re: Flag Raising Ceremony National VON Week May 18 24 2008. Dear Mayor R. T. (Ted) Said VON Niagara is celebrating National VON Week on May 18 24th, 2008. This year's theme is Stay Home With VONTM We thank you, once again, for your show of support in displaying and participating in a VON flag raising ceremony at your City Hall location. The time is confirmed as 10:00 on Tuesday May 20, 2008 At your next council meeting could you proclaim VON Week in your community? Thank you so much for your time and attention on this matter. Your office can reach me at 905 -688 -1077 ex 301 or my e -mail at marlene.slepkov©von.ca. Sincerely, Marlene Slepkov tsc c azee.- /4'9, t-Qke c e a„ e2 /OW May 12, 2008 L- 2008 -14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -14 Declare Surplus and Offer for Sale Liberty Street Our File No.: 2006 -81 RECOMMENDATION: Niag ara ails CANADA 1. That Council approve the Agreement of Purchase and Sale (the "Agreement from Benison Investments Ltd. (the "Buyer attached to this Report as Attachment "1". 2. That the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. BACKGROUND: Report L- 2006 -09, a copy of which is attached as Attachment "2" was presented to Council on April 24, 2006 and authorized Staff to permanently close the subject land which is located between Stamford Avenue to the north and Highway 420 to the south and is a small piece of an old road allowance owned by the City. The subject lands are shown hatched on Schedule "A" attached to the Agreement. The City (the "Seller has received an executed Agreement from the Buyer, together with a deposit cheque in the amount of ten percent of the appraised price of $5,500.00, as per City policy. As a condition of acceptance of the Agreement, the Buyer shall deliver to the Seller, on closing, an undertaking to remove the billboard sign, including the sign structure and pylon, within 90 days of the date of closing. The subject land has been appraised at $5,300.00 to $6,450.00 by Ron Ellens of Ronald E. Ellens Appraisals Inc. as of October 13, 2006 on the basis of how the land contributes to the value of the adjoininarcels of land; known as a Value in Contribution valuation. P0. Box.1023 Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services May 12, 2008 Notice of this declaration of surplus and land sale was given to the public by publication in the Niagara Falls Review on Saturday, May 3, 2008 in accordance with The Corporation of the City of Niagara Falls By -law No. 2003 -16, as amended by By -law No. 2005 -213. As such, Staff recommends that the lands be declared surplus and offered for sale to Benison Investments Ltd. for $5,500.00 as set out in the Agreement. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 2 Kenneth L. Beaman, Acting City Solicitor .06, K. E. Burden, iXFc Director of Corporate Services oL /4 fr",/ John M.�►ionald, Chief Administrative Of er L- 2008 -14 Niagara Falls The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -09 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly ©city.niagarafalls.on.ca April 24, 2006 Re: L-2006-09 Permanently Close Portion of Gladstone Avenue (Liberty Street) Our File No.: 2006 -81 The recommendation(s) contained in report were adopted by City Council Karen 1 Kelly City Solicitor That Council authorize staff to proceed to permanently close a portion of Liberty Street (also known as Gladstone Avenue) being that portion of Liberty Street located between Stamford Street and Highway 420. Liberty Street as shown on Plan 35 (also known as Gladstone Avenue) is a small strip of land road allowance located between two private properties, neither of which is used as a `road', as shown hatched on Appendix "A" attached. This road allowance runs from Stamford Avenue to Highway 420 and is 42.672 metres or 140 feet in length and approximately 521 square metres in total size. Legal Services has received requests to permanently close the road allowance and convey it from both of the abutting land owners. The road allowance is currently subject to a Licence Agreement with Vann Outdoor Advertising dated January 14, 1994 for the purpose of erecting a sign and is attached as Appendix "B This Licence Agreement which is without an expiry date provides for the right by the City to terminate it on 30 days written notice. No notice to terminate has as yet been issued with respect to that Licence Agreement, however there is ample time prior to the completion of any sale within which to provide such notice. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development ti4 MIL H Z W V April 24, 2006 2 L- 2006 -09 These requests have been received since February 20, 2006, and have been circulated to all City departments, the result of which was that Staff had no objections to the road allowance being permanently closed, declared surplus and conveyed. The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, with any declaration of surplus or sale to follow the registration of that closure. As such, it is our recommendation that the subject lands be permanently closed. Recommended by: ren I. Kelly City Solicitor Approved by: T. Ravenda KKllb Executive Director of Corporate Services Respectfully submitted: �n hn MacDonald of Administrative Officer THIS LICENCE AGREEMENT made this 14th day of January, 1994. BETWEEN: Mk, CORPORATION OF 'i fL CITY OF NIAGARA FALLS Hereinafter called the "City $42672 ONTARIO LIMITED, a company incorporated under the laws of the Province of Ontario, c.o.b. as Vann Outdoor Advertising Hereinafter called the "Licencee of the FIRST PART; of the SECOND PART; WHEREAS that part of Gladstone Avenue described in Schedule "A" attached hereto (herein referred to as "the subject lands owned by the City, is not required by the City at the present time for highway purposes; AND WHEREAS the Lice nccee is the Lessee of the land described in Schedule 'B" attached hereto and has requested the City's permission to place one advertising sign on the subject lands and also use it as a parking lot in connection with the Lica c's business until the subject lands are needed for highway purposes; ANI5 WUERBAS the City has agreed to grant the Licence permission to do so upon the terms hereinafter contained; NOW TREREP'ORRB THIS AGREEMENT WITNBSSETH as follows: 1. The elty insofar as it has authority to do so, hereby agrees that the Lieencee may use the subject lands for the purpose of a parking lot used in conjunction with the Licernc ee's business. 2_ This licence shall terminate upon default of one month in any annual payment herein provided without any notice of such default required to be given by the City to the Licence. 3. The Licence hereby acknowledges that it has no right to use the subject lands except by the licence of the City and that the City does not warrant any authority to grant the exclusive right to the use of the City's land to the Liceneee and the Licence accepts this licence z subject to such limitations. 4. No transfer or assignment of the licence or of any rights hereunder shall be made by the Licencee without the written consent thereto of the City. 5, Licencee shall be entitled to erect one advertising sign on the said subject lands in a location approved by the sign inspector for the City and which sign complies with the requirements of the sign by -law. 6. No building, structure, fence or other fixture save and except for a sign hereto fore described in paragraph 5 shall be erected on the subject lands and all supply and placing of stone and any other improvements required to make the subject lands suitable for the purpose of the Licences shall be undertaken and carried out at the sole cost and expense of the Licencee and shall be entirely at the risk of the Licencee in respect of loss, damage, destruction or accident from whatsoever cause arising. 7. ihetparty may terminate this licence at any time upon 30 days notice given in writing to that effect to the other party and the Licencee shall, forthwith upon the termination of this licence, surrender possession of the subject lands and any signage erected by the Licensee shall be removed forthwith upon the termination of this licence. at the sole cost and expense of the Licencee. 8. The Licencee covenants.and agrees with the City to cut the grass and keep down the weeds on the City's land and generally to maintain the same in a condition acceptable to the City. 9. The Licencee acknowledges that the City shall not be responsible for any loss, costs, damage or injury ('including death) to persons or property of the Licencee or of any other person or persons using the subject lands. 10. In consideration of the permission hereby given, the Licencee shall, an or before the execution of this agreement by the City, pay to the City the sum of $500.00 to cover the costs of this agreement and thereafter shall pay to the City annually, in advance, on or before the 1st day of July in cash and every year during the subsistence of this licence an annual licence fee equivalent to the amount of municipal and business taxes that are levied on the City's land, the first of such payments to be made on or before the lst day of July, 1994. The City shall notify the Licences on or before the 15th day of June in each year of the amount of such annual payment. Telephone No.: Fax No.: 3 11. The Licencee shall acquire and maintain insurance to protect itself from and against claims for personal injury or property damage relating to the subject lands and for this purpose shall take out commercial general liability insurance of not less than ONE MILLION ($1,000,000.00) DOLLARS inclusive for personal injury (including death) and damage to property including loss of use thereof and shall name the City as an additional insured. The Licencee shall provide the City with a Certificate of Insurance in a form acceptable to the City Solicitor. 12. This. licence agreement is conditional upon the lease agreement between the Licencee and Niagara Plumbing Supply Company, Limited for the premise known as 5605 Stamford Street. 13. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Licencee and the City as follows: 842672 Ontario Limited, c.o.b. as Vann Outdoor Advertising, 5605 Stamford Street, Niagara Falls, Ontario, L2E 1N7. (416) 354 -8569 The Corporation of the City of Niagara Falls, Attention: S. Daniels, Legal Assistant, Property Manager 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario, L2E 6X5. Telephone No.: Fax No.: (416) 3564521 (416) 356 -2354 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 14. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 15. Wherever the singular or masculine is used in this agreement they shall be 4 construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. 1N 'WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. 842672 ONTARIO LIMITED, c.o.b. as Vann Outdoor Advertising Name: Title: y Name: Title: Name: Title: Name: E. C. Wagg Title: Clerk SCHEDULE "A" to a Licence Agreement dated the 14th day of January, 1994 between 842672 ONTARIO LIMITED c.o.b. as Vann Outdoor Advertising and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland and being composed of that part of Gladstone Avenue (formerly Liberty Street) according to Registered Plan No 35 for the former Township of Stamford, which said part may be more particularly described as follows: COMMENCING at the northeasterly corner of Lot 15 according to said Plan No. 35; THENCE southerly in the easterly limit of said Lot 15, being the westerly limit of Gladstone Avenue, t40 feet to the southeasterly corner of said Lot 15; THENCE easterly in a straight line 40 feet to the southwesterly corner of Lot 16 according to said Plan No. 35; THENCE northerly in the westerly limit of said Lot 16, being the easterly limit of Gladstone Avenue, 140 feet to the northwesterly corner of said Lot 16; THENCE westerly in a straight. line 40 feet to the point of commencement. SCHEDULE "B" to a Licence Agreement dated the 14th day of January, 1994 between 842672 ONTARIO LIMITED, c.o.b. as Vann Outdoor Advertising and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of: FIRSTLY; Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at an iron stake planted at the northwesterly angle of the herein described parcel, which said point is located as follows: COMMENCING at an iron stake planted at the point of intersection of the southerly limit of Valley Way with the easterly limit of Portage Road, which said iron bar is shown on a plan of Portage Read filed in the Land Registry Office for the Registry Division of Niagara South as Deposit Number 3163; THENCE north 78 degrees and 16 minutes east astronomic in the southerly limit of Valley Way, 610.,47 feet to said iron stake at the northwesterly angle of the hexein described parcel, the point of commencement aforesaid; THENCE south 2 degrees and 41 minutes east, 158.69 feet to an iron stake; THENCE north 87 degrees and 26 minutes east 90 feet to an iron bar; THENCE north 2 degrees and 41 minutes west to and along the westerly limit of the lands hereinafter described as parcel 4, a total distance of 173.2 feet to an iron bar planted in the southerly limit of Valley Way; THENCE south 78 degrees and 16 minutes west in the southerly limit of Valley Way 91.13 to the place of beginning. SFCQNDLY: Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at the northwesterly angle of the herein described parcel, which said point is 2 Located as follows: COMMENCING at an iron bar marking the point of intersection of the southerly limit of Valley Way with the easterly limit of Portage Road according to survey of Portage Road on file in the Land Registry Office for the Registry Division of Niagara South as Deposit No, 3163; THENCE north 78 degrees and 16 minutes east in the southerly limit of Valley Way 610.47 feet to an iron stake; THENCE south 2 degrees and 41 minutes east 158.69 feet to an iron stake at the northwesterly angle of the herein described parcel, the point of commencement aforesaid; THENCE north 87 degrees and 26 minutes east in the southerly limit of the lands hereinfirstly described, 90.0 feet to an iron bar; THENCE north 86 degrees and 22 minutes east 80.1 feet to an iron stake; THENCE south 2 degrees and 29 minutes east in the westerly limit of the lands of Ontario Hydro formerly The Hydro Electric Power Commission of Ontario), 324.80 feet to an iron stake in the southerly limit of said Lot No 113, said stake being also distant south 88 degrees and 25 minutes west, 600.00 feet from the southeasterly angle of the said Lot No. 113; THENCE south 88 degrees and 25 minutes west in the southerly limit of said Lot No. 113, 168.94 feet to an iron stake; THENCE north 2 degrees and 41 minutes west 319.85 feet to the place of beginning, containing by a irneasurement 1.25 acres. THIRDLY: Part of Township Lot No. 126 of the former Township of Stamford, and being a one foot strip of Iand lying between Stamford Street, as shown on Registered Plan 35 for the Township of Stamford and the northerly limit of said Township Lot No. 126, and commencing at an iron post planted in the northerly linlit of said one foot strip at a point 600 feet westerly from the westerly limit of Stanley Avenue and extending 168.94 feet westerly from the point of commencement the said one foot strip lying immediately easterly of the lands conveyed by The Corporation of the Township of Stamford to the Joseph Aluminium Corporation of Canada Limited by deed dated 4th February, 1953 and which said parcel of land forms part of the lands conveyed to River Realty Development 'Limited by Albert Harry Rushton, and Mary Linsay Rushton, by registered instrument no. 71155 and Lying immediately south of the lands herein secondly described. 3 FOURTHLY: Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at a point in the interior of said Lot 113, and in the southern limit of Valley Way, which point may be located as follows: BEGINNING at the southeast angle of said Lot 113; THENCE northerly along the eastern limit of Lot 113 aforesaid, 683.50 feet to the said southern limit of Valley Way; THENCE south 71 degrees, 52 minutes and 30 seconds west along the said southern limit 605.40 feet; THENCE south 79 degrees 29 minutes and 30 seconds west still along said southern limit 17.50 feet to the said point of commencement; THENCE south 2 degrees 28 minutes and 30 seconds east 182.91 feet; THENCE south 86 degrees 26 minutes and 30 seconds west to and along the northerly limit of the lands described in parcel 2, 80.50 feet to a point; THENCE north 2 degrees and 34 minutes west along the easterly limit of the lands described in parcel 1, 173.00 feet to the aforesaid southern limit of Valley Way; THENCE north 79 degrees, 29 minutes and 30 seconds east along the said southern limit 81.74 feet pore or less to the point of commencement. BUYER, SELLER, T. HE .C.ORPORATION..OF THE. CITY OF NIAGARA FALLS the following REAL PROPERTY: (Full legal names of all Sellers) Address Liberty .Street fronting on the side of In the Ctty.of Niagara Falls.. and having a frontage of more or Tess by a depth of more or less and legally described as Liberty Street Plan 35 Stamford (aka Gladstone Av) lying between Stamford Avenue and Highway 420; Niagara Falls as outlined in Schedule "A" attached 2. FIXTURES EXCLUDED: not applicable AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) BENISON. INVESTMENTS LTD agrees to purchase from (Full legal names of all Buyers) (Legal description of land including easements not described elsewhere) SCHEDULE(S) A attached hereto form(s) part of this Agreement. 1. CHATTELS INCLUDED: billboard sign structure and supporting pylons OREA Standard Form: Do not alter standard pre -set portion when printing or reproducing. Document prepared by Sullivan Mahoney LLP, Barristers Solicitors, St. Catharines, Ontario (the "property PURCHASE PRICE: Five Thousand Five Hundred Dollars (CDN$ 5,500.00 DEPOSIT: Buyer submits upon acceptance Five Hundred Fifty Dollars (CDN$ 550.00 (herewith /upon acceptance) by negotiable cheque payable to The Corporation of the City of Niagara Falls to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance as follows: To pay the balance of the purchase price, subject to usual adjustments, by way of cash or certified cheque, on the closing date. The Seller agrees to use its best efforts to complete the procedure to permanently close, declare surplus and authorize the conveyance to the Buyer of that part of Liberty Street as shown on Schedule "A" attached by the Closing Date, failing which the parties hereby mutually agree that the Closing Date shall automatically extend to ten(10) days after the Seller delivers written notice to the Buyer that the Seller has completed the procedure to permanently close, declare surplus and authorize the conveyance to the Buyer of the above referenced portion of Liberty Street. The Buyer agrees to deliver to the Seller on closing an undertaking to remove the billboard sign including the sign structure and pylon within ninety (90) days of the date of closing. 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: not applicable 4. IRREVOCABILITY: This Offer shall be irrevocable by $Uyer until 5:0 p.m. on the 30 day of 2 0 0 8 (Seller /Buyer) after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the 16th day of June 20 08 Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 6. NOTICES: Seller hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only if the Co- operating Broker represents the Interests of the Buyer in this transaction, the Buyer hereby appoints the Co- operating Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided In the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. (For delivery of notices to Seller) FAX No.... (For delivery of notices to Buyer) 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be included in the Purchase Price. If this transaction is not subject to G.S.L, Seller agrees to certify on or before closing, that the transaction is not subject to G.S.T. (included In/in addition to) 8. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the .3.dayS.pri4X to day of clogin.g 20 (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 may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for: (a) any registered 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 Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire in favour of the Buyer and any mortgagee (with all related costs at the expense of the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller, Listing Broker and Co- operating Broker 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, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non registrable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered In connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same In trust and not release same except In accordance with the terms of a document registration agreement between the said lawyers, the form of which is as recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. INITIALS OF BUYER(S): INITIALS OF SELLER(S): SoftDocse 41 Wordprocessor Interface 2003 Page 1 of 2 SoftDocs Is a registered trade mark of StyleUs Corporation, Toronto, Canada. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available In registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real -time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seller shall hold all Insurance policies, if any, and the proceeds thereof In trust for the parties as their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No Insurance shall be transferred on completion. If Seller is taking back a Charge /Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seiler with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's Interest on completion. 15. PLANNING ACT; This Agreement shall be effective to create an Interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S_O.1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non- residency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller Is not then a non resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized In that regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990, unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller'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. 23. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 24. AGENCY: It is understood that the brokers involved In the transaction represent the parties as set out in the Confirmation of Representation below. 25. AGREEMENT IN WRITING: if there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre -set portion hereof, the added provision shall supersede the standard pre -set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There Is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context. 26. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED at Niagara Falls this day of April 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN W ITN S whereof e hereunto set my hand and seal: /Ai/ DATE (Witness) (B er) s sent of $emsori investments (seal) DATE (Seal) W itnes) s 1, the Undersigned Seller, agree to the above Offer. I hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Listing Broker to my lawyer. DATED at Niagara Falls this day of April 20 0 SIGNED, SEALED AND DELIVERED in the presence of: (Witness) (Witness) Ejetataftift 4X 'NSIIcMPO 76Malltl)614XdtUMIUMX1Nrape Name of Listing Broker (Seller) (Seller) Address for Service Seller's Lawyer Address Tel. No. DATE Tel. No. DATE FAX No. (Buyer) Henry Ltd. IN WITNESS whereof 1 have hereunto set my hand and seal: DATE (Seller) Mayor Ted'Sakt (seat DATE (seller) Clerk -Dean Iotfida (Seal SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. 40 DATE (Witness) (Spouse) (Seal) 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 a.m. 1 p.m. this day of 20. (Signature of Seller or Buyer) CONFIRMATION OF REPRESENTATION XXUrh1 xiblf &1461j104 tdidt ifs W4 Listing Broker represents the interests of the 7L1idYrltMAticK000MO IEANCL3fdtrP+ ctfSHCo- operating Broker represents the interests of the in this transaction. In this transaction. (Seller /Seller and the Buyer) (Seller /Buyer) aat4ltatanixifnoope>eti tacEr ireU6SMatattoVigdHopmerotive Name of Co- operating Broker Tel. No. FAX No. Tel. No. FAX No. ACKNOWLEDGEMENT 1 acknowledge receipt of my signed copy of this accepted Agreement of Purchase and I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the Agent to forward a copy to my lawyer. Sale and I authorize the Agent to forward a copy to my lawyer. (Buyer) OREA Standard Form: Do not alter standard pre -set portion when printing or reproducing. Document prepared by Sullivan Mahoney LLP, Barristers Solicitors, St. Catharines, Ontario DATE DATE. (Buyer) Address for Service 482 Ontario Street, ANCASTER, ON L9G 3E1 Tel. No. Buyer's Lawyer Sullivan Mahoney LLP (Rocco Vacca) Address 4781 Portage Road, Niagara Falls, ON L2E 6B 1 Tel: No. 90535710500 FAX No. 905.357.0501 FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To: The Co- operating Broker shown on the foregoing Agreement of Purchase and Sale In consideration for the Co- operating Broker procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all monies received or receivable by me in connection with the Transaction as contemplated In the MLS Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shall constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Acknowledged by: Agreement of Purchase and Sale. Signature of Listing Broker or authorized representative Signature of Cooperating Broker or authorized representative SoftDocse 41 Wordprocessor Interface 2003 APaS Page 2 of 2 SoftDocs is a registered trade mark of StyleUs Corporation,Toronto, Canada. 34.99± N Q) N 12 420 13 PLAN (60.96± WjDE) 14 N.E. CORNER LOT 15, PLAN 35 27.01 EX PLAN 45 44 43 42 Ockeciule fi STA SOUTH LIMIT OF STAMFORD TOWN STAMF (STAMFORD AVENI BY BY -LAW NO. 547, IN '16 17 NO. 18 \O. $54-7 (F-1915-22) I 41 I I 40 39 J kighwthy May 12 2008 R- 2008 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -17 Emergency 911 Day Helicopter Landing at Oakes Park RECOMMENDATION: That Council approve the landing of the CH -146 Griffon SAR (Search and Rescue) Aircraft at Oakes Park on Wednesday, June 4, 2008. BACKGROUND: Niag ara ails C A N A D A The Niagara Regional Police coordinate the Emergency 911 event at Oakes Park each year for elementary schools. The goal is to educate the children on the various essential emergency services. In 2007, approximately 800 children participated in this event. This year, the Niagara Regional Police are working with the Canadian Armed Forces to bring a CH -146 Griffon SAR (Search and Rescue) Aircraft to the event. The aircraft will be landing at Oakes Park at 8:00 a.m. on Wednesday, June 4, 2008, and departing at 2:00 p.m. The Niagara Regional Police will circulate notices to the residents surrounding Oakes Park notifying them of the event and the arrival of the aircraft at 8:00 a.m. In the Niagara Region, this same aircraft has landed at A.N. Myer, Westlane, St. Michael and Beamsville high schools for Career Day events. These events were very successful and there were no reported issues. The Canadian Armed Forces has received approval from Transport Canada to enter this restricted air space. The Canadian Armed Forces personnel do a sweep of the property for FOD, (Foreign Objects and Debris) that can become airborne prior to the arrival of the aircraft. The children will all be kept out of the park area until the aircraft has landed. As requested by the City's insurance company, the Region of Niagara will be adding the City of Niagara Falls to its aviation policy as an additional insured and a written agreement with the Region with a ro. ndemnit provision to protect the City of Niagara Falls will g P Y P p Y g Road, Unit 1,Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca be prepared. Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 12, 2008 2 R- 2008 -17 The Canadian Armed Forces indicated that they have unlimited liability coverage for their aircrafts. A letter has been requested outlining the liability coverage details. In order for the event to proceed, it is conditional upon a letter being provided by the Canadian Armed Forces or confirmation of the Region's insurers otherwise being responsible for insuring the landing of the helicopter. Recommended by: Approved by: Respectfully submitted: Deny e Morrissey, l ire tor of Parks, Recreation Culture Ed Dujlovic, ecutive Director of Community Services John acDonald, Chief Administrative Officer S:1Council\Council 20081R- 2008 -17 Emergency 911 Day Request to land helicopter at Oakes.wpd May 12, 2008 F- 2008 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara ails CANADA Re: F- 2008 -19 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $22,720,739.40 for the period March 27, 2008 to April 23, 2008. BACKGROUND: The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: Todd Harriso c irec or f Financial Services urden, Executive Director of Corporate Services Ut- Joh acDonald, Chief Administrative Officer Queen Stre Niagara Falis, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1019536 ONTARIO INC 1198891 ONTARIO INC O/A PENINSULA CONSTRUCTION EXCAVATING 1473944 ONTARIO LIMITED 3MMM POULTRY SERVICE INC 4 OFFICE AUTOMATION LTD 5 -0 TAXI INC 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPPLIES A COUPLE OF CHICKS MARKETING LTD A J STONE COMPANY LTD A J STONE COMPANY LTD ACAPULCO ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADVANCE TOWING ADVANCE TOWING ADVANTAGE CAR TRUCK RENTALS LIMITED AFFILIATED CUSTOMS BROKERS LTD AIM WASTE MANAGEMENT INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS ALLIED MEDICAL INSTRUMENTS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMEC EARTH ENVIRONMENTAL AMERICAN WATERWORKS ANCO CHEMICALS INC ANDERS,CHRIS ANWAR,KHAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ASFORINO,GREG ASHTON,LYNDON ASHTON,LYNDON ASSOCIATED ENGINEERING (ONT) LTD AVENUE INDUSTRIAL SUPPLY CO LTD B HOGAN BA CONSULTING GROUP LTD BANK OF MONTREAL BANK OF MONTREAL BARCLAY TODD'S BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BIRMINGHAM FIRE CONTROL BLAIS,PAUL BMA MANAGEMENT CONSULTING INC BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BONIFERRO,JANA BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRIAN SINCLAIR IN TRUST BRINKS CANADA LTD BRITISH AUTO SUPPLY BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BROOK MCILROY INC BUNTIN REID BUNTIN REID BUNTIN REID Cheque No. Cheque Date Purpose 319151 16- Apr -2008 319228 16- Apr -2008 319005 02- Apr -2008 319287 23- Apr -2008 319288 23- Apr -2008 319289 23- Apr -2008 319152 16- Apr -2008 319290 23 -Apr -2008 318877 02- Apr -2008 319009 09- Apr -2008 318870 02- Apr -2008 318871 02- Apr -2008 319153 16- Apr -2008 318872 02 -Apr -2008 319007 09- Apr -2008 319291 23- Apr -2008 318873 02- Apr -2008 318874 02- Apr -2008 318875 02- Apr -2008 319008 09- Apr -2008 319154 16- Apr -2008 319292 23- Apr -2008 318876 02- Apr -2008 318878 02- Apr -2008 319155 16- Apr -2008 319293 23- Apr -2008 319011 09- Apr -2008 318879 02- Apr -2008 319010 09- Apr -2008 318880 02- Apr -2008 319012 09- Apr -2008 319156 16- Apr -2008 319294 23- Apr -2008 318881 02- Apr -2008 US DRAFT 16- Apr -2008 319295 23- Apr -2008 318882 02- Apr -2008 319297 23- Apr -2008 318884 02- Apr -2008 319013 09- Apr -2008 319157 16- Apr -2008 318883 02- Apr -2008 318885 02- Apr -2008 319006 03- Apr -2008 319014 09- Apr -2008 319015 09- Apr -2008 318886 02- Apr -2008 318931 02- Apr -2008 319158 16- Apr -2008 319016 09- Apr -2008 319159 16- Apr -2008 319017 09- Apr -2008 319020 09- Apr -2008 318887 02- Apr -2008 319018 09- Apr -2008 319019 09- Apr -2008 319298 23- Apr -2008 318888 02- Apr -2008 319021 09- Apr -2008 319161 16- Apr -2008 319119 09- Apr -2008 319246 16- Apr -2008 318889 02- Apr -2008 319162 16- Apr -2008 319163 16- Apr -2008 319299 23- Apr -2008 319022 09 -Apr -2008 319023 09- Apr -2008 319300 23- Apr -2008 318890 02- Apr -2008 319024 09 -Apr -2008 319164 16- Apr -2008 319149 10- Apr -2008 318891 02- Apr -2008 319025 09- Apr -2008 319165 16- Apr -2008 REFUND 7302 KALAR RD CONTRACT SERVICES BACKHOE R SERVICES OVERSIZING IN DEVELOP REFUND DUPLICATE PAYMENT COMPUTER CONTRACT SERVICES WESTLANE MATERIALS CONTRACT -APRIL 08 OPG WEBSITE MATERIALS MATERIALS CONTRACT WATERSLIDE MAINT '08 MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES REFUND OF DUPLICATE PAYMENT BROKERAGE FEES CONTRACT SERVICES- 4 -PAD SITE MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS CONTRACT 3279 ST PATRICK CONTRACT 5642 PEER CONTRACT- MONTICELLO'SNICTORI LEASES AND RENTS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES NC &C CTF DUES HOLMAN MATERIALS TRAVEUMILEAGE MAR08 REFUND DAMAGE DEPOSIT STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY REC COMMITTEE GRANT 08 CONSULTING SERVICES CONTRACT SERVICES CONSULTING- GARNER SW SANITAR MATERIALS MAINTENANCE /REPAIRS CONSULTING SERVICES -RE: DOWN" REFUND WATER PAYMENT MADE I REFUND -WATER OVERPAY- CROTEF CONCESSION SUPPLIES STORES /INVENTORY UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS REIMBURSEMENT NBFSPQ 08 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE MAR08 MAY 08 GRANT ALLOWANCE MATERIALS REFUND 3893 MAIN ST CONTRACT SERVICES FEB08 STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES -LANDS (UNIO CONTRACT SERVICES PLAN /ZONIN( OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Page 1 of 7 Amount 750.00 924.00 832,702.75 20.00 109.47 142.70 404.48 6,195.00 5,470.22 426.63 682.50 108.15 99.75 1,228.50 225.75 31.00 181.29 426, 645.57 8,399.32 6,818.86 147.00 4,381.14 9.84 33, 328.02 24, 668.73 61,419.70 723.20 42.18 2,487.82 563.04 518.88 540.96 552.00 4,511.98 165.00 1,861.93 166.50 750.00 339.71 1,080.38 83.87 27.66 45.00 1,825.00 1,825.00 52,486.47 440.53 80.00 2,156.92 184.38 238.78 222.26 385.45 8,759.26 129.04 91.78 113.00 91.43 15.60 1,236.69 898.80 945.00 121.00 17,850.00 372.50 20.00 1,183.39 115.77 231.65 381.94 56.68 3,118.77 8,250.51 1,186.82 195.91 133.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BURDON,JEFF BUSINESS EDUCATION COUNCIL OF NIAGARA CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE THE CAMPBELL,GLORIA CANADA BREAD ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADIAN ASSOCIATION OF FIRE CHIEFS CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CAPITAL SEWER SERVICES INC CARFAGNINI,MARIA CARRICK,MARZENNA CARSWELL CARTER,HUGH CARTER CAR TRUCK RENTALS CASUPANAN,ARTURO CCS TRANSPORTATION SAFETY CELEBRITY EVENTS NETWORK CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPPAWA LIONS CLUB CHONG,DR XIN CHRIS CRISTELLI ASSOCIATES INC CIRCLE P PAVING INC CIT FINANCIAL LTD CIT FINANCIAL LTD CITY OF NIAGARA FALLS CITY OF ST CATHARINES CLAYDON,JEFF COBURN,DARRIN COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,MICHAEL A COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM- ONTARIO COMPRESSOR SYSTEMS INTERNATIONAL INC COMPRESSOR SYSTEMS INTERNATIONAL INC CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE -SUD CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE SUD -OUEST CONWAYS MECHANICAL CONTRACTING INC CORIX WATER PRODUCTS (EAST) INC COTTON INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CROUSE,TIM CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 DELCAN CORPORATION DELCAN CORPORATION DEMIZIO,ALBERT DENCO ENGINEERING LTD DESIGN ELECTRONICS DESIGN ELECTRONICS DIRECT EQUIPMENT LTD DIRECT IT CORP DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOMINION PAVING CO Cheque No. Cheque Date 319026 09- Apr -2008 319166 16- Apr -2008 318892 02- Apr -2008 319027 09- Apr -2008 318893 02- Apr -2008 319028 09- Apr -2008 319302 23- Apr -2008 318894 02- Apr -2008 319167 16- Apr -2008 319029 09- Apr -2008 319168 16- Apr -2008 319304 23- Apr -2008 319030 09- Apr -2008 319305 23- Apr -2008 319306 23- Apr -2008 319170 16- Apr -2008 319031 09- Apr -2008 319032 09- Apr -2008 319171 16- Apr -2008 319033 09- Apr -2008 319307 23- Apr -2008 319308 23- Apr -2008 319034 09- Apr -2008 319172 16- Apr -2008 319309 23- Apr -2008 318895 02- Apr -2008 319035 09- Apr -2008 319310 23- Apr -2008 319173 16- Apr -2008 319036 09- Apr -2008 319174 16- Apr -2008 319311 23- Apr -2008 318896 02- Apr -2008 319175 16- Apr -2008 319312 23- Apr -2008 319037 09- Apr -2008 319038 09- Apr -2008 319313 23 -Apr -2008 319176 16- Apr -2008 319314 23- Apr -2008 319039 09- Apr -2008 319315 23- Apr -2008 318897 02- Apr -2008 319040 09- Apr -2008 319177 16- Apr -2008 319316 23- Apr -2008 319317 23- Apr -2008 319041 09- Apr -2008 319179 16- Apr -2008 319318 23- Apr -2008 319180 16- Apr -2008 318898 02- Apr -2008 319042 09- Apr -2008 WIRE TSF 31- Mar -2008 WIRE TSF 31- Mar -2008 318899 02- Apr -2008 319319 23- Apr -2008 318900 02- Apr -2008 319043 09- Apr -2008 319181 16- Apr -2008 319321 23- Apr -2008 319322 23 -Apr -2008 318902 02- Apr -2008 319044 09- Apr -2008 319182 16- Apr -2008 319323 23- Apr -2008 318903 02- Apr -2008 319045 09- Apr -2008 319325 23- Apr -2008 318904 02- Apr -2008 319183 16- Apr -2008 319326 23- Apr -2008 319184 16- Apr -2008 319185 16- Apr -2008 319328 23 -Apr -2008 WIRE TSF 31- Mar -2008 319329 23- Apr -2008 Purpose Amount REIMBURSEMENT ATLANTA COUR! 141.18 REMITTANCE -YOUR NIAGARA.CA JA MATERIALS MATERIALS MATERIALS CONCESSION SUPPLIES MATERIALS REMITTANCE MEMBER D MCCAULE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND RE TAX OVERPAYMENT (A: TRAVEL /MILEAGE FEB -MAR08 MATERIALS SAFETY SHOES LEASES AND RENTS DUPLICATE PAYMENT FOR PARKINC CONTRACT SERVICES CONTRACT SERVICES MATERIALS STORES /INVENTORY MATERIALS STORES /INVENTORY REFUND RE: STANDPIPE 4KEYS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY ANNUAL MAINTENANCE FUNDING 0E CONTRACT SERVICES CONTRACT SERVICES CONTRACT SIDEWALK PLOUGHING LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS PARKING TICKET TRAVEUMILEAGE MAR08 ADMINISTRATIVE MATERIALS UTILITIES UTILITIES UTILITIES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE -PK IN THE CITY /COMM MATERIALS MATERIALS TAX LEVY TAX LEVY CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES- LEELANAND/ CONTRACT SERVICES CONTRACT SERVICES- GRAHAM, M GRANT RECREATION CMTE 08 PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING KALAR CONSULTING SERVICES RE: KALAR REFUND RE: 5291 PORTAGE SERVIC MATERIALS MATERIALS MATERIALS MAINTENANCE/REPAIRS CONSULTING SERVICES -LAND MGR LEASES AND RENTS TAX LEVY CONTRACT SNOW PLOUGHING MA Page 2 of 7 25, 000.00 915.30 162.72 155.94 78.70 178.20 201.40 623.54 3,254.84 283.50 91.08 975.48 264.60 556.50 33, 845.00 350.00 111.50 75.26 150.00 733.37 20.00 1,338.75 1,470.00 46.62 223.90 547.28 690.47 700.00 626.44 303.97 644.99 34,000.00 65.00 840.00 2,491.13 2,288.25 881.40 9,965.50 12.00 29.50 120.00 55.60 608.15 192.00 244.50 309.00 19, 035.41 1,846.32 18,867.15 125.00 2,712.15 453.60 256,133.95 129,361.80 1,163.88 3,008.96 814.73 480.00 1,260.00 3,060.00 50.00 3,395.16 3,372.69 3,341.41 3,830.73 11,552.71 41,942.25 350.00 473.52 216.20 1,132.86 1,475.19 27,562.50 42.20 7,309,970.88 14,069.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DRAFTING CLINIC CANADA LTD DREN,KARL DUERKSEN,ANGELA DUJLOVIC,ED DUNN,DAVID RICHARD& DUNN, PAMELA ROSEANNE DUPUIS,ULY DURWARD JONES BARKWELL COMPANY LLP E3 LABORATORIES EARTH TECH CANADA INC ECO SOLUTIONS PARTNERS ECONOMY PAVING CO ST CATHARINES LTD EDKINS,DON ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD EMCO LIMITED DISTRIBUTION ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENTERPRISE RENT A CAR ETHERINGTON,DAVE EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FEDERAL EXPRESS CANADA LTD FIRE GROUP FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FISCHER,RANDALL FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FOLINO,MICHAEL FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRAONE,ANTONIO& FRAONE, FRANCESCA G K SERVICES CANADA INC GALES GAS BARS GARISTO,TONY GICANTE,VITO GIONET, GUY GIRHINY,STEVE GIURA,ANTHONY GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREENFIELD GROUP LTD GRETCH ELECTRONICS INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANG UPS 99 HANG UPS 99 HANG UPS 99 HANKS INDUSTRIAL SERVICE HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC Cheque No. 318905 319046 319047 319048 318906 319049 319050 319186 318907 319188 319187 318908 319330 319189 319190 318909 319191 319331 319053 319332 319333 319054 319055 319334 319056 319335 318910 318911 318912 319192 318913 319057 318914 318915 319058 319193 318916 319059 319336 319337 319339 318917 318918 318919 319060 318920 318921 318922 319061 319194 319195 318923 319196 319340 319341 318924 319062 319342 318925 319063 319197 318926 319198 318927 319199 319343 319344 319064 319345 319065 319066 318928 319067 319347 318929 319068 319200 Cheque Date Purpose 02- Apr -2008 CONTRACT SERVICES 09- Apr -2008 TRAVEL /MILEAGE JAN /FEB /MAR08 09 -Apr -2008 TRAVEL /MILEAGE APRO8 09- Apr -2008 TRAVEL /MILEAGE JAN TO MAR 08 02 -Apr -2008 TAX REFUND RE: 5698 SUNNYLEA CI 09- Apr -2008 MATERIALS 09 -Apr -2008 CONSULTING SERVICES 16- Apr -2008 CONTRACT SERVICES 02- Apr -2008 CONSULTING SERVICES GRASSY BI 16- Apr -2008 MATERIALS 16- Apr -2008 CONTRACT RE: TENDER T04 -2005 02- Apr -2008 REFUND 23- Apr -2008 CONTRACT SERVICES- APRO1 -SEP3 16- Apr -2008 MATERIALS 16- Apr -2008 MATERIALS 02- Apr -2008 UTILITIES 16- Apr -2008 UTILITIES 23- Apr -2008 UTILITIES 09- Apr -2008 CONSULTING SERVICES 23 -Apr -2008 CONTRACT SERVICES 23- Apr -2008 REFUND 09- Apr -2008 TRAVEUMILEAGE MAR08 09- Apr -2008 MATERIALS 23- Apr -2008 REFUND RE: 4430 -4432 BRIDGE ST 09- Apr -2008 MAINTENANCE /REPAIRS 23- Apr -2008 MAINTENANCE /REPAIRS 02- Apr -2008 COURIER 02- Apr -2008 MATERIALS 02- Apr -2008 MAINTENANCE /REPAIRS 16- Apr -2008 CONTRACT SERVICES 02- Apr -2008 MAINTENANCE /REPAIRS 09- Apr -2008 MATERIALS 02 -Apr -2008 REC COMMITTEE GRANT 08 02- Apr -2008 STORES /INVENTORY 09- Apr -2008 STORES /INVENTORY 16- Apr -2008 STORES /INVENTORY 02- Apr -2008 REC COMMITTEE GRANT 08 09 -Apr -2008 TRAVEUMILEAGE MAR08 23- Apr -2008 INSURANCE CLAIMS 23- Apr -2008 MATERIALS 23- Apr -2008 MATERIALS 02- Apr -2008 FUEL 02- Apr -2008 REC COMMITTEE GRANT 08 02- Apr -2008 REC COMMITTEE GRANT 08 09- Apr -2008 REFUND RE: 8897 JOSEPH 02- Apr -2008 REC COMMITTEE GRANT 08 02- Apr -2008 YOUNG FAMILY ENDOWMENT STUI 02- Apr -2008 MATERIALS 09- Apr -2008 MATERIALS 16- Apr -2008 UTILITIES 16-Apr-2008 PETTY CASH CORONATION CENTR 02- Apr -2008 MATERIALS 16- Apr -2008 MATERIALS 23- Apr -2008 MATERIALS 23- Apr -2008 PAYROLL REMITTANCE 02- Apr -2008 CONTRACT SERVICES -SNOW PLOU( 09- Apr -2008 CONTRACT -SNOW PLOUGH -AREA 2, 23- Apr -2008 MATERIALS 02- Apr -2008 MAINTENANCE /REPAIRS 09- Apr -2008 MAINTENANCE /REPAIRS 16- Apr -2008 CONTRACT SERVICES 02- Apr -2008 CONTRACT 2005 -2005 STREETLIGI- 16- Apr -2008 CONTRACT SERVICES 02 -Apr -2008 STORES /INVENTORY 16- Apr -2008 STORES /INVENTORY 23- Apr -2008 STORES /INVENTORY 23- Apr -2008 STORES /INVENTORY 09- Apr -2008 CONTRACT SERVICES 23- Apr -2008 CONTRACT SERVICES -SNOW REMO 09- Apr -2008 MAINTENANCE /REPAIRS 09- Apr -2008 TRAVEUMILEAGE FEB08 02- Apr -2008 MATERIALS 09- Apr -2008 MATERIALS 23- Apr -2008 MATERIALS 02 -Apr -2008 MAINTENANCE /REPAIRS 09- Apr -2008 CONTRACT SERVICES 16- Apr -2008 LEASES AND RENTS Page 3 of 7 Amount 192.65 88.00 130.00 111.00 652.76 170.23 630.00 4,986.91 11,446.31 5,964.14 4,370.63 135.59 8,324.52 25, 978.70 126.93 4,950.83 57.89 31, 969.97 2,168.25 5,031.60 15.00 64.00 693.98 750.00 1,401.61 2,800.17 19.97 762.59 135.19 319.20 1,410.17 518.05 45.00 327.70 1,823.30 90.85 45.00 53.00 9,578.32 16,607.69 117.72 177.63 45.00 45.00 750.00 45.00 300.00 1,384.20 401.94 126.45 434.53 287.91 85.71 1,060.14 38.40 918.75 6,407.63 431.66 6,453.75 11.30 9,786.00 24,788.82 3,382.01 759.90 1,720.54 3,221.57 237.30 621.50 19,923.75 70.76 165.50 7,014.00 344.40 534.40 518.83 1,772.38 6,509.74 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HOLMAN,GEOFF HUNTON,GAIL ICECO ADVANCED ARENA PRODUCTS INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA JACKSON,DAVE JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR KAGAN SHASTRI BARRISTERS SOLICITORS IN TRUST KAGAN SHASTRI BARRISTERS SOLICITORS IN TRUST KAGAN SHASTRI BARRISTERS SOLICITORS IN TRUST KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRIO,VINCE KNOWLTON PASS ELECTRONICS INC KONE INC KOZLOV,ELENA KRAFT CANADA INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KUCHYT,TOM KUIPERS,JANET L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING LACROIX,MARCEL NORMAN LAFARGE CANADA INC LAFARGE CANADA INC LAKES MAINTENANCE LAKE'S MAINTENANCE LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LEBLANC,MARCEL LEMON,BLAIR LIMA,MARIA M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MANPOWER MARCONI,PETER MARI LYNNE EASTLAND MARI LYNNE EASTLAND MATTHEWS,CHRISTOPHER MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCGARR,RUSS MCKEAG,JASON MCLEAN KERR LLP MCNAMARA,SUSAN MEGA -LAB MANUFACTURING CO. LTD MERIDIAN PLANNING CONSULTANTS INC MERRITT,WAYNE SHIRLEY METRO PLUMBING HEATING MHPM PROJECT MANAGERS INC MHPM PROJECT MANAGERS INC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOORE CANADA MOROCCO,JOHN MORRISSEY,DENYSE MUNICIPAL ASSOCIATES INC Page 4 of 7 Cheque No. Cheque Date Purpose Amount 319069 09- Apr -2008 TRAVEUMILEAGE MAR08 124.00 319070 09- Apr -2008 TRAVEUMILEAGE MAR08 48.00 319071 09- Apr -2008 MATERIALS 1,822.96 318932 02- Apr -2008 MATERIALS 233.86 319283 17 -Apr -2008 SAFETY BOOTS -JAMES MOROCCO 146.89 319349 23- Apr -2008 MATERIALS -COLD MIX 5,705.57 319350 23- Apr -2008 TRAVEL /MILEAGE 93.00 319072 09- Apr -2008 CONSULTING SERVICES -4 -PAD 5,644.05 319201 16- Apr -2008 MATERIALS 3,049.87 318933 02- Apr -2008 CONTRACT SERVICES 11,411.85 319286 18- Apr -2008 MATERIALS 219,589.55 319351 23 -Apr -2008 MATERIALS 6,678.00 318934 02 -Apr -2008 CONTRACT SERVICES 5,972.36 319073 09- Apr -2008 CONTRACT SERVICES 22,567.45 319202 16- Apr -2008 CONTRACT SERVICES SNOW REM! 46,792.55 318935 02- Apr -2008 REFUND RE: 4353 MORNINGSTAR /B/ 9,906.24 319074 09- Apr -2008 CONTRACT SERVICES 5,548.31 319075 09- Apr -2008 CONTRACT SERVICES 2,879.73 319203 16- Apr -2008 REFUND SERVICE DEPOSIT 750.00 318936 02- Apr -2008 CONTRACT 1 /4 -LY STEAM DEC 07 23,179.18 319076 09- Apr -2008 MAINTENANCE /REPAIRS 2,902.20 319204 16- Apr -2008 MAINTENANCE /REPAIRS 420.00 318937 02 -Apr -2008 TRAVEUMILEAGE MAR08 198.00 319205 16- Apr -2008 TRAVEUMILEAGE KUIPERS 64.50 319082 09- Apr -2008 MATERIALS 1,158.52 319210 16- Apr -2008 CONTRACT SERVICES 4,430.48 319353 23- Apr -2008 REFUND TAX OVERPAYMENT 116.65 318938 02- Apr -2008 MATERIALS 27,933.49 319077 09- Apr -2008 MATERIALS 3,345.87 319078 09- Apr -2008 CONTRACT SERVICES 2,100.01 319206 16- Apr -2008 CONTRACT SERVICES 4,270.89 318939 02- Apr -2008 STORES /INVENTORY 462.17 319207 16- Apr -2008 STORES /INVENTORY 1,717.60 319354 23- Apr -2008 MATERIALS 280.24 319079 09- Apr -2008 REFUND SERVICE DEPOSIT 3640 WE 750.00 319080 09- Apr -2008 TRAVEUMILEAGE 116.44 319356 23- Apr -2008 REFUND 31.00 318950 02- Apr -2008 MATERIALS 4,030.71 319214 16- Apr -2008 MATERIALS 710.12 318941 02- Apr -2008 CONTRACT SERVICES 120.61 318942 02- Apr -2008 GRANT LEADERSHIP TRAINING 45.00 319084 09- Apr -2008 ADVERTISING 89.25 319357 23- Apr -2008 ADVERTISING 651.00 318943 02- Apr -2008 REFUND POLICE CLEARANCE CERT 40.00 319358 23- Apr -2008 MATERIALS FILE #37985B 830.41 319085 09- Apr -2008 TRAVEUMILEAGE MARCH 2008 30.00 319086 09- Apr -2008 TRAVEUMILEAGE MARCH 2008 24.00 319359 23- Apr -2008 GRANT REBATE 50.00 318944 02- Apr -2008 EMPLOYEE PURCHASE PLAN INCEN 300.00 318945 02- Apr -2008 CONTRACT SERVICES 288.89 319087 09- Apr -2008 TRAVEUMILEAGE MARCH 08 24.00 319088 09- Apr -2008 MATERIALS 1,136.77 319360 23- Apr -2008 CONSULTING SERVICES 4,272.98 318946 02- Apr -2008 REFUND CEMETERY PLOT 945.00 319361 23- Apr -2008 MATERIALS 15,509.48 319211 16- Apr -2008 CONSULTING SERVICES RE: NFC &C 26,250.21 319362 23- Apr -2008 CONTRACT SERVICES PROJECT M 28,678.31 319089 09- Apr -2008 TRAVEUMILEAGE 237.00 318948 02- Apr -2008 PAYROLL REMITTANCE 3,340.65 318949 02- Apr -2008 PAYROLL REMITTANCE 50,681.95 319091 09- Apr -2008 REMITTANCE 3,821.32 319213 16- Apr -2008 REMITTANCE 6,089.23 319363 23- Apr -2008 PAYROLL REMITTANCE 128.59 319365 23- Apr -2008 PAYROLL REMITTANCE 148.87 318947 02- Apr -2008 PAYROLL REMITTANCE 1,352.96 319090 09- Apr -2008 PAYROLL REMITTANCE 1,403.16 319212 16- Apr -2008 PAYROLL REMITTANCE 1,352.96 319364 23- Apr -2008 PAYROLL REMITTANCE 1,612.09 318951 02- Apr -2008 CONTRACT SERVICES 84.43 319284 17- Apr -2008 CONTRACT SERVICES 1,409.44 318953 02- Apr -2008 CONTRACT SERVICES 1,050.00 319367 23- Apr -2008 CONTRACT SERVICES 327.25 318952 02- Apr -2008 CONTRACT SERVICES 5,515.66 318954 02- Apr -2008 MATERIALS 23,099.83 319093 09- Apr -2008 TRAVEUMILEAGE MARCH 2008 238.50 319094 09- Apr -2008 TRAVEUMILEAGE 82.00 319368 23- Apr -2008 MATERIALS 3,150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL LAW DEPARTMENTS ASSSOCIATION OF ONTARIO MUNICIPAL RETIREES ORGANIZATION ONTARIO MURACA,ENZO MUSSARI,TOM NIAGARA BUSINESS GROUP NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS INTERNATIONAL MARATHON 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 ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM 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 PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO) NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO) NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO) NIAGARA THIS WEEK NIAGARA.COM NISUS CONSTRUCTION LTD NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS OACA OACA OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OMERS OMERS OMERS ON SCENE RESCUE TRAINING ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO PUBLIC TRANSIT ASSOCIATION ONTRAC EQUIPMENT SERVICES INC OPTIMIST CLUB PAGENET OF CANADA INC PANETTA,PHILIP ANTHONY PASCO,JOHN PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PERFORMANCE CONCEPTS CONSULTING PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PITHOUSE,JOY PITNEY WORKS PITNEY WORKS PITNEY WORKS POTTS,JESSICA PRATA,GUY PRAXAIR PROJECT SHARE PROTEL ALARM SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER Cheque No. Cheque Date Purpose 318955 02- Apr -2008 ADMINISTRATIVE 319095 09- Apr -2008 ADMINISTRATIVE WORKPLACE SPE( 319369 23- Apr -2008 ADMINISTRATIVE 319217 16- Apr -2008 ADMINISTRATIVE ANNUAL FEE FOF 319096 09- Apr -2008 SUBSCRIPTION MUNICIPAL RETIRE 318956 02- Apr -2008 GRANT LEADERSHIP TRAINING 319097 09 -Apr -2008 PETTY CASH 319370 23- Apr -2008 MATERIALS MEMBERSHIP DUES WIRE TSF 31- Mar -2008 TAX LEVY 319218 16- Apr -2008 GRANT 319219 16 -Apr -2008 ADVERTISING 319098 09 -Apr -2008 GRANT 319102 09- Apr -2008 GRANT OPG FUNDING 318959 02- Apr -2008 PAYROLL REMITTANCE 318960 02- Apr -2008 PAYROLL REMITTANCE 319103 09- Apr -2008 PAYROLL REMITTANCE 319225 16- Apr -2008 PAYROLL REMITTANCE 319373 23- Apr -2008 PAYROLL REMITTANCE 319223 16- Apr -2008 GRANT 319099 09- Apr -2008 REMITTANCE 319220 16- Apr -2008 GRANT 319226 16- Apr -2008 GRANT 319375 23- Apr -2008 MATERIALS 319376 23- Apr -2008 UTILITIES 318957 02- Apr -2008 WATER ARREARS APR 02/08 318958 02- Apr -2008 UTILITIES 319100 09- Apr -2008 WATER ARREARS APRIL 8, 2008 319101 09- Apr -2008 UTILITIES 319221 16- Apr -2008 WATER ARREARS APR 15/08 319222 16- Apr -2008 UTILITIES 319371 23- Apr -2008 MATERIALS 319372 23- Apr -2008 UTILITIES 319229 16- Apr -2008 ADVERTISING CORONATION 319227 16- Apr -2008 UTILITIES 319105 09- Apr -2008 CONTRACT SERVICES SNOW REMI 319379 23- Apr -2008 MATERIALS 319106 09- Apr -2008 PETTY CASH 319380 23- Apr -2008 MATERIALS 318961 02- Apr -2008 MATERIALS 319381 23- Apr -2008 UTILITIES 319382 23- Apr -2008 MATERIALS 318962 02- Apr -2008 PAYROLL REMITTANCE -CITY 318963 02- Apr -2008 PAYROLL REMITTANCE LIBRARY 319383 23- Apr -2008 EMPLOYEE CONTRIBUTIONS FOR SI 319230 16- Apr -2008 SAFETY WEAR 319384 23- Apr -2008 CONTRACT SERVICES 318965 02- Apr -2008 REMITTANCE SKILFORM TRAIN THE 318966 02- Apr -2008 MATERIALS 319232 16- Apr -2008 CONTRACT SERVICES 319107 09- Apr -2008 CONTRACT SERVICES 319233 16- Apr -2008 REFUND 318967 02- Apr -2008 TUITION REFUND COMMUNICATION 318968 02- Apr -2008 CONTRACT SERVICES 319235 16- Apr -2008 MATERIALS 5680 ROBINSON TITLE 319386 23- Apr -2008 MATERIALS 319385 23- Apr -2008 CONTRACT SERVICES 319108 09- Apr -2008 CONTRACT SERVICES 319234 16- Apr -2008 SUPPLIES LEGAL 319109 09 -Apr -2008 CONSULTING SERVICES 319387 23- Apr -2008 CONTRACT SERVICES 319236 16- Apr -2008 CONTRACT SERVICES 319110 09- Apr -2008 CONTRACT SERVICES 319237 16- Apr -2008 CONTRACT SERVICES PORTAGE R 318969 02- Apr -2008 PARKING TICKET REFUND 319111 09- Apr -2008 MATERIALS 319238 16- Apr -2008 CONTRACT SERVICES 319388 23- Apr -2008 CONTRACT SERVICES 319239 16- Apr -2008 TRAVEL/MILEAGE 319112 09- Apr -2008 TRAVEL/MILEAGE 318970 02 -Apr -2008 LEASES AND RENTS 319241 16- Apr -2008 GRANT 319242 16 -Apr -2008 CONTRACT SERVICES 318971 02- Apr -2008 CONTRACT -MAPLE ST STORM VIC- 319113 09- Apr -2008 CONTRACT SERVICES 318972 02 -Apr -2008 COURIER 319243 16- Apr -2008 COURIER 319389 23- Apr -2008 COURIER Page 5 of 7 Amount 199.83 9,471.00 4,095.00 100.00 50.00 45.00 227.59 300.00 3,766, 348.31 29, 692.92 901.96 44, 848.00 30, 000.00 4,861.35 2,888.04 2,888.04 2,888.04 2,888.04 4,666.67 125.00 38, 843.19 23,333.33 743.75 107.57 7,275.64 120, 537.18 6,788.78 5,594.64 9,933.56 2,537.69 11, 884.23 2,763.44 525.00 150.62 4,252.50 1,500.00 1,800.00 440.00 312.90 3,111.73 8.40 341,837.36 20,888.04 1,022.88 325.44 2,091.60 787.50 8,235.50 1,785.00 18.38 381.93 180.26 72.43 438.18 63.93 42.00 185.00 45.00 11,059.55 1,029.20 915.52 7,497.00 1,386.00 56.00 29.38 19.56 15.64 177.50 41.85 44.89 25,412.67 2,005.50 176,571.44 450,165.68 270.46 134.18 120.36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name R M LOUDON LIMITED R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAPHAEL,NELSON RBC RBC LIFE INSURANCE COMPANY RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RESULTS CONTINUUM INC RIOCAN REAL ESTATE INVESTMENT TRUST ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC S H MAINTENANCE S H MAINTENANCE SACCO, DOLORES SACCO,JO -ANN M SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SALCI,TED SCOTIABANK SECURITY THROUGH SAFE DESIGN SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHRED IT KITCHENER SIEMENS BUILDING TECHNOLOGIES LTD SIFTO CANADA CORP SIMPLEX GRINNELL SIU,FU MAN SKYLON TOWER SOS EMERGENCY RESPONSE TECHNOLOGIES SPECK INDUSTRIES SPINK,STEPHEN ST BERNARD SOFTWARE ST JOHN AMBULANCE STITCH IT STRANGES,LOU STRATEGY CORP STRESS CRETE LIMITED STUART, DAVID SULLIVAN MAHONEY IN TRUST SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC SUPREMEX INC SYNECTICS TRANSPORTATION TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TERANET INC Cheque No. Cheque Date 319209 16- Apr -2008 319118 09- Apr -2008 319114 09- Apr -2008 319390 23- Apr -2008 318973 02- Apr -2008 319115 09- Apr -2008 318974 02- Apr -2008 319391 23- Apr -2008 318975 02 -Apr -2008 319116 09- Apr -2008 319244 16- Apr -2008 319392 23- Apr -2008 318976 02- Apr -2008 318977 02- Apr -2008 318978 02- Apr -2008 319117 09- Apr -2008 319245 16- Apr -2008 319393 23- Apr -2008 319394 23- Apr -2008 WIRE TSF 31- Mar -2008 WIRE TSF 03- Apr -2008 WIRE TSF 03- Apr -2008 WIRE TSF 10- Apr -2008 318979 02 -Apr -2008 319150 16- Apr -2008 319395 23- Apr -2008 319247 16- Apr -2008 318980 02- Apr -2008 319120 09- Apr -2008 319396 23- Apr -2008 318981 02- Apr -2008 319248 16- Apr -2008 318982 02- Apr -2008 319249 16- Apr -2008 319397 23- Apr -2008 319250 16- Apr -2008 318983 02 -Apr -2008 319251 16- Apr -2008 319121 09- Apr -2008 319253 16- Apr -2008 319122 09- Apr -2008 318984 02 -Apr -2008 319123 09- Apr -2008 319124 09- Apr -2008 319398 23- Apr -2008 319254 16- Apr -2008 319125 09 -Apr -2008 319400 23- Apr -2008 318985 02- Apr -2008 US DRAFT 03- Apr -2008 319255 16- Apr -2008 319127 09- Apr -2008 319128 09- Apr -2008 319401 23- Apr -2008 319256 16- Apr -2008 319129 09- Apr -2008 318869 28- Mar -2008 319131 09- Apr -2008 319259 16- Apr -2008 318986 02- Apr -2008 319130 09- Apr -2008 319257 16- Apr -2008 319258 16- Apr -2008 319402 23- Apr -2008 319403 23- Apr -2008 319132 09- Apr -2008 318988 02- Apr -2008 319404 23- Apr -2008 319405 23- Apr -2008 318989 02- Apr -2008 318990 02- Apr -2008 319406 23 -Apr -2008 319408 23- Apr -2008 318991 02- Apr -2008 319260 16-Apr-2008 319409 23- Apr -2008 319261 16- Apr -2008 Purpose CONTRACT SERVICES CLOTHING APPAREL STORES /INVENTORY STORES /INVENTORY TAX REFUND REFUND FIORENTINO REMITTANCE AD&D INSURANCE CONSULTING SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE DEVELOPMENT CHGS JAN -MAR CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES WATER WASTE FLOWS PUMPING STN COST SHARING WASTE COLLECTION JAN -MAR DEBENTURE INTEREST CONTRACT SERVICES MATERIALS UTILITIES CONSULTING SERVICES NFC &C MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS PETTY CASH REFUND SERVICE DEPOSIT MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY TRAVEUMILEAGE TAX REFUND 8676 -8680 UPPER CAN, ADMINISTRATIVE CPTED COURSE CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS WATER DEPARTMENT REFUND CONTRACT SERVICES MATERIALS MATERIALS GRANT LEADERSHIP TRAINING SOFTWARE LICENCE GRANT REPLACE DEPT LOGO ON UNIFORM: TRAVEUMILEAGE CONSULTING SERVICES STORES /INVENTORY TRAVEUMILEAGE PURCHASE OF BELLI LANDS REMITTANCE PAYROLL REMITTANCE FUEL FUEL FUEL FUEL TRANSIT FUEL TRANSIT COFFEE SUPPLIES FUEL OFFICE SUPPLIES MATERIALS CONSULTING SERVICES CONTRACT SERVICES ADVERTISING ADVERTISING SUMMER STUDENT MATERIALS CONTRACT SERVICES UTILITIES UTILITIES MATERIALS ACCOUNT REPLENISH Page 6 of 7 Amount 10,981.69 762.13 55.94 72.60 701.14 181.68 1,243.01 1,332.14 235,740.89 205,466.73 208, 217.29 223,153.90 320,667.86 2,567.25 982.00 9,376.45 1,435.09 15, 399.03 7,455.00 1,509,587.09 775,205.99 1,541,190.83 34, 740.12 1,785.00 33, 532.29 3,430.01 2,310.80 5,851.81 164.27 449.02 750.00 133.56 429.58 1,440.75 1,573.17 1,155.00 715.56 577.50 2,091.08 801.68 71.40 1,973.11 24,462.59 109.10 10.00 2,362.50 2,260.00 649.75 45.00 2,550.00 2,708.33 2,028.47 19.00 7,875.00 11,539.56 169.50 66,000.00 254,899.74 1,504.35 98,995.28 46,972.33 1,677.62 26,070.64 52,116.50 502.51 3,022.82 2,815.96 1,551.49 13,377.00 600.58 114.45 2,209.87 2,670.96 132.75 7,135.90 484.69 10,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TERMAAT,MERANDA THE EMPIRE LIFE INSURANCE CO THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PHYSIOTHERAPY EDGE THE PRINTING HOUSE LTD THE REVIEW THOMSON,TERRY TIDD,DEREK TRAVELPIC NIAGARA FALLS TSH ENGINEERS PLANNERS TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VESCIO,LISA WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WASTE MANAGEMENT WATSON ASSOCIATES ECONOMISTS LTD WEBBER,CATHERINE ELIZABETH WEIR FOULDS WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WILLIAM G ANDERSON ASSOCIATES WILLIAM G. ANDERSON ASSOCIATES WINDSOR,KEVIN WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOODHOUSE DIVISION OF EW DISASTER KLEENUP WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WYLIE,BRENDA YELLOW PAGES GROUP YWCA ST CATHARINES ZAVITZ,SHERMAN Page 7 of 7 Cheque No. Cheque Date Purpose Amount 318992 02- Apr -2008 GRANT YOUNG FAMILY ENDOWMEN 300.00 319052 09- Apr -2008 REMITTANCE 28,160.13 318993 02- Apr -2008 CONCESSION SUPPLIES 1,023.79 319133 09- Apr -2008 SUPPLIES 1,809.73 319262 16- Apr -2008 MATERIALS 14.87 318994 02- Apr -2008 REMITTANCE PHYSICAL LIMITATION 40.00 319134 09- Apr -2008 OFFICE SUPPLIES 123.17 319410 23- Apr -2008 ADVERTISING 9,049.48 318995 02- Apr -2008 GRANT 45.00 319135 09- Apr -2008 TOWN CRIER 1,500.00 319136 09- Apr -2008 SOUVENIR BOOK 302.40 319137 09- Apr -2008 CONSULTING SERVICES 1,670.78 318996 02- Apr -2008 TRAVEUMILEAGE 151.00 319138 09- Apr -2008 TRAVEUMILEAGE MARCH 2008 30.00 318997 02- Apr -2008 STORES /INVENTORY 46.76 319264 16- Apr -2008 STORES /INVENTORY 721.23 319411 23 -Apr -2008 PAYROLL REMITTANCE 1,210.00 319265 16- Apr -2008 CONTRACT SERVICES 1,750.82 318998 02- Apr -2008 CONSULTING SERVICES 17,739.66 319139 09- Apr -2008 CONSULTING SERVICES 11,909.56 319266 16- Apr -2008 CONSULTING SERVICES DWQMS 5,793.74 319267 16- Apr -2008 CONTRACT GRASSY BROOK PUMP 18,018.89 319268 16- Apr -2008 CONTRACT- GARNER SW 592,512.27 319414 23- Apr -2008 CONTRACT GARNER SW 373,076.48 319412 23- Apr -2008 MATERIALS 53,414.67 319413 23- Apr -2008 REFUND 664.36 319140 09- Apr -2008 CONTRACT SERVICES 107.22 319269 16- Apr -2008 CONTRACT SERVICES 247.28 318999 02- Apr -2008 MATERIALS 465.22 319285 17 -Apr -2008 CONTRACT SERVICES 128.22 319000 02- Apr -2008 CONSULTING SERVICES 2,105.25 319141 09- Apr -2008 REFUND SERVICE DEPOSIT 6031 BR 750.00 319142 09- Apr -2008 CONSULTING SERVICES 1,629.60 319001 02- Apr -2008 PAYROLL REMITTANCE 130.63 319143 09- Apr -2008 PAYROLL REMITTANCE 128.46 319271 16- Apr -2008 PAYROLL REMITTANCE 130.63 319272 16- Apr -2008 STORES /INVENTORY 17,241.80 319417 23- Apr -2008 MATERIALS 8,648.83 319002 02- Apr -2008 CONSULTING SERVICES 16,780.61 319273 16- Apr -2008 CONTRACT SERVICES 13,013.43 319418 23- Apr -2008 PETTY CASH 68.28 319274 16- Apr -2008 CONTRACT SERVICES 65.00 319275 16- Apr -2008 GRANT 31,666.67 319276 16- Apr -2008 GRANT 2,083.33 319277 16- Apr -2008 CONTRACT SERVICES ASBESTOS 2,432.35 319144 09- Apr -2008 FUEL 4,321.09 319278 16- Apr -2008 FUEL 52,230.76 319419 23- Apr -2008 FUEL 7,682.85 319003 02- Apr -2008 PAYROLL REMITTANCE LIBRARY 548.13 319004 02- Apr -2008 PAYROLL REMITTANCE MUSEUMS 267.51 319145 09- Apr -2008 ADMINISTRATIVE 19,300.54 319420 23- Apr -2008 ADMINISTRATIVE 9,000.94 319146 09- Apr -2008 PETTY CASH 387.75 319279 16- Apr -2008 UTILITIES 15.38 319282 16 -Apr -2008 GRANT 5,181.83 319148 09- Apr -2008 HISTORIAN 1,500.00 Total 22,720,739.40 May 12, 2008 F- 2008 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -20 Financing Lease Report RECOMMENDATION: For the information of the Members of Council. BACKGROUND: Niag ara alts CANADA The amendment to Ontario Regulation 46/94 filed September 20, 2002 under Ontario's Municipal Act requires municipalities to analyze and disclose specific standardized information on financing lease agreements. Municipalities shall provide, at least once a year, a report on all finance leasing agreements and transactions entered into by the municipality. The attached Schedule "A" shows all of the City of Niagara Falls' current leases in compliance with the requirements of the amended regulation. In summary, this schedule shows that: the total cost of all leases is one -half percent of the annual levy no one lease individually, nor all collectively, represent any material impact to the municipality the City's 2008 debt and lease repayment is $4,704,739, which is well within the 2008 repayment limit set by the Ministry of Municipal Affairs and Housing which is $27.2 million, (25% of 2006 Revenue Fund Revenues $118.6 million Tess 2006 net debt charges.) agara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance May 12, 2007 2 F- 2008 -20 CONCLUSION: Presentation of this report ensures that Council is provided full disclosure on the impacts of these leases on the budget and debt capacity. It is the Treasurer's opinion that these leases, individually and collectively, do not represent any material impact to the municipality. The City of Niagara Falls' debt level and capacity, including these leases, is well within the limits set by the Ministry of Municipal Affairs and Housing. Recommended by: Approved by: Respectfully submitted: C. Luey Todd Harri John Ken Burden, Executive Director of Corporate Services tor of Financial Services onald, Chief Administr. tive Officer Item Being Leased Post Office Box Mailing Machine Scale Mailing Meter Photocopiers: Fire Department Fire Department Print Shop Library Clerks Mayor /CAO 18 Various Divisions Building Fire Dept Radio Airtime Fire Department Pagers Fire Department Stamford Centre Branch Library Hydro Land Lease Storm Sewer Property Pt Lot 56,9,10 Montrose Road Allowance Grassy Brook Road Allowance Lease Vendor Finance Co. Reference Canada Post Pitney Bowes Inc Franco Typ Postalia CitiCorp Vendor Finance Ltd 3758110 CitiCorp Vendor Finance Ltd 3755940 CitiCorp Vendor Finance Ltd OCE Canada Inc OCE Canada Inc Citicorp Vendor Finance CIT Financial Ltd. CIT Financial Ltd CIT Financial Ltd Knowlton Pass Knowlton Pass T C Holdings Ontario Realty Corp. Ontario Power Generation Ontario Power Generation Cdn Pacific Railway Co Cdn Pacific Railway Co Municipal Parking Lot 18 (Kitchener Victoria) MTO Property Lease Del Management Solutions Total Annual Lease Cost 2008 Annual Debenture Repayment Total Annual Lease Cost as a Percent of 2008 Annual Levy ($45.1 Million) City of Niagara Falls Total Debt Payment (Including Leasing Costs) 2008 Debt Capacity as per MMAH Repayment Limit) SCHEDULE "A" City of Niagara Falls Existing Leases As at: March 31, 2008 780- 0414021- 0001 2704971 4281820 3758112 780- 0368050- 001 780- 0394938- 001 780- 0429285- 0001 Contract signed Jan 23/ 06 MH0057 TCH 05 -B26 Lot 157 0419706 Annual Cost (excl. taxes ins) 642.00 2,052.00 708.00 6,732.00 60 months May 2008 342.00 60 months April 2008 7, 902.00 7,450.32 36 months August 2008 1,862.40 36 months August 2008 3,540.00 60 months May 2010 3,120.00 60 months July 2010 35,208.48 60 months August 2011 8,100.00 60 months March 2013 45,720.00 60 months X 2 May 2015 13,200.00 60 months X 2 May 2015 75,064.92 60 months September 2010 7,150.00 Annually 1,860.00 Annually 920.00 Annually 650.00 Annually 650.00 Annually 50 of Net Parking Revenues 6,187.95 for 2007 229,062.07 4,481,864.93 0.51% 4,710,927.00 27,177, 025.50 Term of Lease Renewal Date 1 Year Annually renewed 24 months January 2009 24 months January 2009 May 12, 2008 HR- 2008 -01 Niagara aff CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: HR- 200801 Workplace Health and Safety RECOMMENDATION: Further to Council's adoption of the workplace health and safety "Community Charter" on March 17, 2008, the following is an update on the Corporation's recent efforts to improve workplace health and safety practices and awareness. This report was brought forward to the HR Committee on April 14, 2008 and is now presented for the information of Council. BACKGROUND: According to the Provincial government, municipalities pay more than $100 million in Workers Compensation costs each year. In Ontario, 1,800 employees each week lose time from work due to workplace accidents and injuries. There are more than 300 deaths that occur in the workplace each year. The cost to Ontario workplaces and communities of these accidents and injuries is immeasurable and creates enormous personal pain and hardship to employers, workers and their families. Research indicates that many of these accidents and injuries may be preventable. As Council is aware, The Workplace Safety and Insurance Board has launched a new initiative to seek cooperation from municipalities to improve its awareness and commitment to workplace health and safety practices. Following the presentation from the Honourable Steven Mahoney, Chair of the Workplace Insurance and Safety Board, Council approved a "Community Charter" on March 17, 2008 to visibly demonstrate this commitment within our community. The City of Niagara Falls, as an important employer within our community, must improve its own health and safety record and practices. Evidence to this fact was provided by the Ministry of Labour in December 2007, who informed the City that it is being designated as a "High Risk" employer. This is based on analysis of lost time injury rates for almost 700 public sector employers. During.. the period from 2004 -2006, The City of Niagara Falls averaged more than 300 lostime injury days per year and $33,000 per WSIB claim, compared with the indust ge of approximately $7,000 per claim. 4310 Queen Stree ox 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Human Resources May 12, 2008 2 HR- 2008 -01 During this three -year period, the Corporation's costs for WSIB averaged more than $600,000 per year. The WSIB costs for 2007 were even higher, exceeding more than $2 million. This increase was due to three expensive WSIB claims resulting from new and retroactive "presumptive legislation" for firefighters and the additional costs associated with Niagara Transit. Although no life threatening injuries and only one injury reported as "critical" during the 2004 -2006 period, at an average of 20 days lost time per claim, WSIB claims within the Corporation have resulted in workplace injuries and illnesses that were more permanent and longer -term in nature. Better claims management and injury prevention practices may have also helped to mitigate these costs and facilitate earlier return to work programs. The Ministry of Labour is conducting workplace inspections at various City locations over the coming months. It has already resulted in fifteen administrative orders including a workplace violence risk assessment, mandatory training on hazardous materials, an asbestos inventory on all facilities, and compliance orders on internal workplace inspections. In the City of St. Catharines, a similar exercise has resulted in more than 100 work orders. Failure to comply with these orders and /or Ministry of Labour guidelines under the Occupational Health and Safety Act, can lead to fines for individuals and the Corporation, including the criminal prosecution of employees, supervisors, directors and senior staff. In recognition of the need for better claims management and an improved health and safety culture, the Human Resources division restructured the Health and Safety function in October 2007. This change led to the hiring of a new Claims Coordinator and Health Services Specialist who will focus on return to work programs, preventive safety measures, training and workplace wellness. WSIB Statistical Overview For the period of 2004 -2006, the following is an overview of the most common injuries and illnesses resulting in compensable lost time for the Corporation. The data does demonstrate the importance of preventive training and education in areas such as ergonomics, slips /falls and material handling: City of Niagara Falls (WSIB Claims) Location 2004 2005 Low Back/Torso Arm/Shoulder/Hand Head /Neck Leg Ankle 12 10 11 21 20 11 2006 19 25 15 10 critical injury is defined in the OH &S Act as an injury of a serious nature that places life in jeopardy, produces unconsciousness, substantial loss of blood, fracture /amputation of a leg, arm, hand or foot, Loss of sight, bums to major portion of the body. May 12, 2008 3 HR- 2008 -01 The following is a breakdown, by City divisions, of those who reported health and safety incidents over this three -year period. While Fire Services reported the highest number of incidents, this may also be a result of better documentation and improved reporting systems to record and track incidents within this division. City of Niagara Falls (Reported Health Safety Incidents) Division Fire Streets Garage Parks (Forestry) Parking/Traffic 2004 52 2005 16 2006 37 12 12 SUMMARY: By reconfirming its commitment to build healthier and safer workplaces within the City of Niagara Falls, Council has supported the Ministry's efforts to develop and adopt a "Community Charter The Corporation can be a model employer by demonstrating its leadership and renewed commitment to workplace health and safety. With Council's support, staff deems health and safety as an important and immediate priority and will take the appropriate action to improve the record of health and safety within the Corporation. Recommended by: Approved by: Respectfully submitted: Trent Dark, Bl ctor of Human Resources en Burden, Executive Director, Corporate Services hn MacDonald, Chief Admi istrative Officer May 12, 2008 Hort. Steven W, Mahoney Pt. Chair Pr6sident du coined Mayor Ted Salci and Members of Council The City of Niagara Falls Box 1023, 4310 Queen St., Niagara Falls, ON L2E 6X5 Friday, September 14, 200'7 Re: Workplace Safety and Insurance Board Community Workplace Health Safety C Dear Mayor Salci and Members of Council, voww.w s on CEI -4- HR-2008-01 200 Front Street We51 Twonto, Onl:a riz Canada M5V 3J1 416-1444451 1-880-387-0750 lax; 416 r.r6c 8N:387-005n Workplace Safety Insurance Board CommIssion de la skcurit, professionnelle et de l'aSAAranw cone k accidents du NV, roe front Owsl Toronto (Ontario Canada MIN 311 RECEIVE!) SEP 7.607 tiAYORSOFF ICE in Ontario, two people die from preventable work-related incidents each week another 1,800 lose time from work due to on-the-job injuries. The direct and indirect cost to the Ontario economy amounts to a staggering $15 billion annually. Ontario municipalities paid more than $100 M WSIB costs last year. More importantly, the social and emotional costs of a devastating workplace incident on the families, friends and neighbours in our communities are incalculable. Based on simple and effective principles, this Charter affirms a municipality's commitment to building safer workplaces for their employees and providing leadership for the employers and families in their communities. Safe workplaces mean healthy businesses and healthy businesses mean successful communities. 416-344-4451 1-d00 •'aecopiew 416 4 -069 'ATS 2p ou- 7.100 I know you will agree these numbers are unacceptable and, 1 can assure you the incidents these statistics represent are preventable! At the Annual AMO Conference in August of this year, 1 had the pleasure of addressing the Members of the Board of Directors and introducing them to the Workplace Safety and Insurance Board's Community Workplace Health and Safety Charter. The WSIB is launching this initiative to give local councils an opportimity to make a meaningful public commitment to improved workplace safety in all sectors of their community. The WS1B recognizes that municipal corporations do rank workplace health and safety as one of their top priorities. I know Mayor Salci; your Council believes the City of Niagara Falls's employees are among your community's most valuable assets. May 12, 2008 Because of this commitment and as community leaders, you have an opportunity to act as a model employer, strengthening the awareness of superior health and safety practices throughout your municipality. As health and safety leaders in the City of Niagara Falls, you are in the unique position to demonstrate to employers in your community that an investment in workplace health and safety prevention reaps bottom-line benefits. By supporting the Community 'Workplace Health a. dI Safety Charter, your Council will visibly demonstrate its commitment to the welfare of the employers, employees and the families who live and work in the City of Niagara Falls. Over the next year, I will be visiting municipal councils throu out Ontario to show them the value of becoming a supporter of the Community Workplace Health and Safety Charter initiative. And you have my personal commitment 1 and staff at the WSII3 will work along side you to help employers of the City of Niagara Falls understand the importance of workplace health and safety, I know, Mayor Saki, that your Council understands we must take action to end the terrible carnage we're seeing in Ontario's workplaces, I'm asking you to continue to lead municipal unicipal employees, your local employers, and every man, woman, and child in the City of Niagara Falls in building healthier, safer wort laces and a more prosperous Ontario. You can set the tone. You can And, you can save lives. Sin erely, Hon. Stev Chair Mahoney P.C. 5 2. HR-2008-01 a diffeTence, You can, lead the way to zero. May 12, 2008 L- 2008 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -12 The Niagara Parks Commission Licence Agreement with the City River Road (North of Victoria Avenue) Our File No.: 2006 -297 RECOMMENDATION: A Licence Agreement "the Agreement dated May 12, 2008, and made between The Niagara Parks Commission as "NPC" and The Corporation of the City of Niagara Falls as "NF whereby the City assumes ownership of an existing storm sewer located north of Victoria Avenue and designated as Part 1 on Reference Plan 30R- 11960, be authorized. BACKGROUND: At its meeting of February 20, 2006 Council authorized Staff to acquire ownership of the existing storm sewer outlet for Victoria Avenue, via an easement through The Niagara Parks Commission land. A copy of Report MW- 2006 -22 setting out Council's authorization is Attachment "1". The Niagara Parks Commission has requested that the term "easement" be changed to Licence, thus eliminating its requirement for an Order in Council from Queens Park which would result in a six month to one year or more delay. A copy of the Agreement is Attachment "2 Recommended by: Approved by: Respectfully submitted: 4310 Queen Street, P.O. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca K. Beaman /L. Banks Niag ara a11s CANADA 1 fns Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services acDonald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Legal Services II The City of Niagara Falis 1 :anada Members: Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -22 Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falis, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca February 20, 2006 Re: MW- 2006 -22 Victoria Avenue Niagara River Parkway Intersection Temporary Traffic Signals and Drainage Issues Ed Dujlovic Director The reconemendation(s) contained in this report were adopted by City Council 1. That staff be directed to proceed with the installation of temporary traffic signals at the intersection of Victoria Avenue and the Niagra River Parkway in cooperation with the Niagara Parks Commission, 2. and further that the ownership of the existing storm outlet for Victoria Avenue be secured via an easement through Niagara Parks Commission lands. Municipal Works and Planning Department staff have been working with staff from the Niagara Parks Commission to resolve potential traffic impacts that may occur as a result of recent development activities near the Victoria Avenue/Niagara Parkway intersection. The results of a traffic impact study indicate that various road and intersection improvements will be required upon the completion of the Great Wolf Lodge, Ripley's Aquarium and other local developments. Improvements include but are not limited to the addition of through, left/right turning lanes, signalization and road realignment within the corridor bound by Whirlpool Road, Niagara River Parkway, Victoria Avenue and Bridge Street. The Great Wolf Lodge is scheduled to open this spring, while the Aquarium is tentatively scheduled for completion in 2007. Although other developments in the area have been tentatively proposed, formal applications have not yet been received. Overall improvements will ensure that the level of service of operation is satisfactory given the projected volumes in 2015 including the traffic generated by the developments. It is anticipated that all improvements will be needed on or around 2015, however, the staging of improvements will be dependant on development proposals. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 411 IPt M Victoria Avenue Niagara River Parkway Storm Drainage Easement Niagara Parks 1+1 An agency of the Government of Ontario since 1885 Mr. Geoff Holman Manager of Development Municipal Works City of Niagara Falls P.O ;Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: RE: VICTORIA AVENUE /NIAGARA PARKWAY INTERSECTION STORM DRAINAGE EASEMENT DOCUMENTATION Engineering Dave Gillis Phone: 905/356 -2241, ext. 260 Fax: 905/356 -7262 E -Mail: npceng @niagaraparks.cam July 6, 2006 The Niagara Parks Commission received a draft survey for the storm drain easement back in February however we have yet to receive a draft easement document for our review. We approve of the draft survey and we would like to conclude this storm sewer easement documentation in favour of the City of Niagara .Falls by the end of July. We would appreciate your expediting this process over the next couple of weeks. Thank you. Yours truly, Dave Gillis, MCIP, RPP /cr Manager Planning Properties THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com. THIS LICENCE AGREEMENT made as of the 1 day of May 2008 BETWEEN: and THE NIAGARA PARKS COMMISSION (hereinafter called "NPC OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called "NF OF THE SECOND PART WHEREAS NF wishes to assume ownership of an existing storm sewer on NPC property; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby by each party acknowledged, the parties hereto covenant and agree with each other as follows: 1. NPC grants NF its successors, assigns servants, contractors, agents and workmen the right to enter upon the property shown in Part 1 of Plan 30R -11960 Schedule "A hereinafter referred to as "Licence Lands" for the following purposes: To enter, lay, construct, install, operate, maintain, inspect, alter or replace any such municipal services or surface drainage works, including all other works as required by NF together with all appurtenances, attachments, apparatus, appliance, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to NF 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 NPC's lands abutting the Licence Lands on foot and /or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the licence hereby transferred (an existing 1,220 x 1,830 mm storm sewer), and NF 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 Licence Lands as may be necessary for the use of the licence. The NPC shall have the right to use and enjoy the surface of the Licence 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 NPC shall not, without the prior written consent of NF, place, erect or permit the erection on the Licence Lands any building, structure, fence foundation, pavement or other obstruction of any nature whatsoever so as to obstruct, hinder or prevent the exercise and enjoyment by NF of its right hereunder. Notwithstanding any rule of law or equity, the Works constructed by NF together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of NF even though the same may have become annexed or affixed to the Licence Lands. NF 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 giving notice thereof to NPC and obtaining consent therefrom. The NPC shall have the right to assign or transfer its rights hereunder in whole or in part upon giving notice to NF and obtaining consent from NF. The NPC covenants that: i. Subject to the foregoing it has the right to assign the licence and right to NF ii. NF shall have quiet enjoyment of the rights, licence and right hereby granted iii. NF or its successors and assigns will execute such further assurances for this licence and do such other acts (at NF expense) as may be reasonably required; and iv. The NPC has not done, omitted or permitted anything whereby the Licence Lands is or may be encumbered (except as the records of the Land Registry Office disclose). 2. NF covenants with NPC that: i. it shall after each entry remove all surplus sub -soil and debris, and shall restore that said lands to their former state as soon as, and to the extent reasonably practicable; ii. any disturbed areas forming part of any roads, curbs, lanes, sidewalks or pavements of any type, will be restored by NF to the condition existing prior to the installation of the works and to the satisfaction of NPC; it shall give reasonable notice to NPC of any intention to enter upon any part of the said lands for the purpose of performing maintenance or repairs to the works, except in the case of emergency, in which case notice shall be given to NPC as soon as possible; 2 iv. it shall indemnify and save harmless NPC from all claims of every nature whatsoever arising out of the installation, construction, maintenance, operation and existence of the works; v. it shall indemnify and reimburse NPC for any damages, expenses or works required to be made or done by NPC by reason of the construction, maintenance, operation and existence of the works, including any protective works required to be done or made by NPC as a result of the construction of the works; vi. forthwith file with NPC an accurate, detailed plan showing the exact location of the works with measurement shown to the boundary lines of the said lands. 3. i. This licence 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 NPC 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. ii This agreement shall enure to the benefit of and be binding upon each party hereto, successors and permitted assigns. The Parks declare that this agreement does not grant an interest in lands only a licence to enter for the specified purpose. above written. IN WITNESS WHEREOF this agreement is made as of the day and year first The Niagara Parks Commission Per: Jim Williams, Chairman Per: John Kernahan, General Manager The Corporation of the City of Niagara Falls Per: Ted Salci, Mayor Per: Dean lorfida, City Clerk 3 CHAIN o 0 o P77 ry o" ay e "1 "W Ie 30.00" ss/B L�NILSY 0/ W p 0. 055'54'20"W 97.6' (PUN k MEAS) `APPROXIMATE WESTERLY LIMIT OF THE CHAIN RESERVE 32.27' (PLAN k SET) 0 7 q d s \r 9 4'J 'cr RESERVE h m \-j13-t gy m\ v SCHEDULE PART LOT PART LOT 74, B.F AND PART CHAIN RESERVE TOWNSHIP STAMFORD P.I.N. PART OF PIN 64269-0111(R) ThT N .7 ,1G�1_4 I'�4h'KLSy PART 7, PLAN 59R -12643 INST. N0. 13697(1923) L PIN 64269 0111(R) �3>sS REFERENCE 433.09' (PLAN WEAR) 30.00' PART 4, PLAN 59R-1264,1, SU&ECT TO EASEMENT AS IN INSTRUMENT SN63949 BEARING 598.44' (PLAN k LEAS PART 3, PLAN 59R 12643 INST. N0. SN63952 PIN 64269 0435(LT) CaffiffASL ION 35.48' (PLAN k MEAS) AREA 0.29 As 1 REQUIRE TH15 PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT OCTOBER 12, 2006. DATE,-' ANDREW CAMERON Ontario Land Surveyor PLAN 30fl- ►9 6o RECEIVED AND DEPOSITED Oc4 -13, 7.o 0(. DATE ASS'T DEPUTY LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA (30) NOTES ALL FOUND MONUMENTATION SHOWN ON THIS PLAN WAS PLANTED BY Matthews, Cameron, Heywood Kerry T. Howe SURVEYING LTD. OR A PREDECESSOR FIRM UNLESS OTHERWISE STATED IMPERIAL NOTE DISTANCES SHOWN ON 7105 PLAN ARE IN FEET AND CAN BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048 BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT OF PART 4. AS SHOWN ON PLAN 59R- 12643, HAVING A BEARING OF 4(55'54'20"00. LEGEND IT CC IB SSD IBe CP tP Y lO 1M r 7M -0- DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT SET IRON TUBE CUT CROSS IRON BAR STANDARD IRON BAR SHORT STANDARD IRON BAR ROUND IRON BAR CONCRETE MONUMENT CONCRETE PIN k WASHER It) 0680TE4 N4 9045 0H) ONTARIO HYDRO PLAN PUN 59R -12643 MINISTRY CF TRANSPORTATION OF ONTARIO Matthews. Cordaro* Heywood Kerry T. Hors SURVEYING LTD. Nedh 5 &NM E Eml M T/Nt mom NH*. prop pro,Kon PLAN OF SURVEY OF PART OF LOT 74, BROKEN FRONT TOWNSHIP OF STAMFORD AND PART OF THE CHAIN RESERVE City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, CAMERON, HEYNOOD KERRY T. HONE SURVEYING 1.1411E0 TS' 0' 30' 100' 130' FEET 7"' 50' 2006 SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE 61111 THE SURVEYS ACT, THE SURVEYORS ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE UNDER THEM. 2. THE SURVEY WAS COMPLETED ON OCTOBER 10. 2 OCTOBER 12, 2006. DATE Ontario Land Surveyor MATINEWS, CAMERON, HEYWOOD r KERRY T. HOWE SURVEYING LTD, 5233 9“4 4m 9 jl Ifeyaa Tel, Nitric LIE 70 PIw14905)1511-3693 FI(105)154 -1724 99 Dud Sir* SL t#4.; t:ia'. 128 308 Bse4905)657 -3300 0)044 co DH (Checked AC 1119. 37532 f n0 2006 -42 a.Y.w edermyLlnEor rt'1Tw, w,r1l AD; aM 11117114.17 M 11 thr%7 t w. saw. May 12, 2008 L- 2008 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara alls CANADA Re: L- 2008 -13 Fido Solutions Inc. (formerly Microcell Connexions Inc.) Licence Amending and Extension Agreement with the City Portion of Marshall Road Our File No.: 2008 -100 RECOMMENDATION: 1. That Council authorize a Licence Amending and Extension Agreement (the "Agreement with Fido Solutions Inc., to permit the continued operation and maintenance of a telecommunications tower over a closed portion of Marshall Road, designated as Part 1 on Reference Plan 59R -10360 "subject land and 2. That the Mayor and Clerk be authorized to execute said Agreement. BACKGROUND: In 1998 Microcell Connexions Inc. entered into a Licence Agreement with the City with respect to constructing, operating and maintaining a telecommunications tower over the subject land. The subject land is approximately 330 square metres and is shown hatched on Attachment "1". By Certificate and Articles of Amalgamation dated May 1, 2003 Microcell Connexions Inc. continued as Microcell Solutions Inc. and subsequently, by Certificate and Articles of Amalgamation dated January 19, 2005, continued as Fido Solutions Inc. The initial term of the 1998 Licence Agreement was for ten years, with an option to renew for an additional term of 11 years, less one day. The licence fee for the first year of the term was $14,000.00 plus G.S.T., with an annual increase pursuant to the Consumer Price Index. The annual fee is now $17,156.85 and will continue to increase with the Consumer Price Index. ox 1023; Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services May 12, 2008 Fido Solutions Inc. now wishes to exercise its option to renew on the same terms and conditions as contained in the original Licence Agreement, including the option to renew, resulting in a possible expiry date of October 22, 2040. A copy of the Agreement is Attachment "2 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor 2 L- 2008 -13 K. E. Burden, Executive Director o MacDonald, Chief Ad inistrative Officer orporate Services PORT tr., 0 :1? Wig?, 51,15,514 N89 1,1101 OESCPIPED INETP1.1.ti7 NimPER 65,90 MARSHALL ROAD 10)1? 531-7:5100) Nil 1 NE19 VI r ,I OESUMIIEJ 1,4 .p$rFiv,IEna NumeEn WM 3 i I I b P4RT 5 0)00)0)11)-. 150 1 1 Y I I I I '5' i 1 li ,t I I 1 i 1 I 1 <9" 10, P, MIL I 109011 101? plan 10 11 deposited under The Registry Act. c, SCHEDULE w, ter32 1,131 GE' Pi, can r7 ;on PLAN OF 001011 OF PART OF THE ALLOWANCE FOR ROAD BEPNEEN LOTS 12 AND 13 CONCESSSION 6 FORUERLY TOWNSHIP OF WILLOUGHBY 110,1 IN THE CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SEXTON ,IcKAY LIMITED fjr.DT tin, 1998 Scale 500 21) NIETRIC 0,51 p107.11 al MIS PIM fa 1:1,a1TIES .10 an OF COMIIMO 70 FEET Pe Onl.L Or 0 30.¢ (10(0 SIIL,..PC0I1 /Ai EFFEMO 109,610, Cr SOurr,FA, WM LIOC.nak A<CORO,ICE ca. Cun 55P-2,07, LEGEND a 00,01, pGlatIff.01 P.170 MOB ...IF reue/13 IF, COVES IRO VP n pgin ig Or 1 al 0E170. 0,70,11,...11 SURVEYOR'S CERTIFICATE Ng' COSECI ,10 ...DS tr.1 1.70 th, WWI. urIC.D1 110) NM. BELL C.A. SEXTON Gnlua 1,ma V.P.6 SOF.VC2 SITE 'NIA 508' PLAN 59R-/O3o Received ond deposited Ma 9 98-13248 SEXTON McKAY LIMITED ONTARIO LAND SURVEYORS 12 CENTRE STREET THORNHILL ONTARIO 1.4J 1E9 (905)939-9103 FAX (105)189 1 ATTACHMEN "Los BETWEEN: 1. Site Name:6244 Marshall Rd. Location Code: C5496/51601002 LICENSE AMENDING AND EXTENSION AGREEMENT THIS AGREEMENT made this 4th day of April, 2008 THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Landlord and FIDO SOLUTIONS INC. (formerly Microcell Connexions Inc., hereinafter called the "Tenant WHEREAS: A. The Landlord and the Tenant entered into a License dated 26 day of October, 1998 and an Amending Agreement dated 2 day of March, 1999 (collectively, the "License with respect to certain real property known as part of the road allowance between Lots 12 and 13, Concession 6, former township of Willowghby, Niagara Falls, Ontario (the "Property"), all as more particularly described in the License; B. By Articles of Amalgamation dated 1" day of May, 2003, Microcell Connexions Inc. amalgamated and continued as Microcell Solutions Inc.; and C. By Articles of Amalgamation dated 8th day of November, 2004, Microcell Solutions Inc. amalgamated and continued as Microcell Solutions Inc.; D. By Articles of Amendment dated 19 day of January, 2005, Microcell Solutions Inc. changed its name to Fido Solutions Inc.; E. The current term of the License expires on 31' day of October, 2008; and F. The Landlord and the Tenant have agreed to amend the terms of the License as hereinafter provided; THEREFORE in consideration of the covenants, terms and conditions contained herein the Landlord and the Tenant agree the License is hereby amended as follows: Demise and Term The Landlord hereby leases to the Tenant the Property for and during the term of eleven (11) years less a day, commencing on the 1" day of November, 2008 and expiring on the 30 day of October, 2019 (the "First Extension Term 2. Rent As per Section 2.3 of the License, the Rent payable during the First Extension Term shall be the rent payable during the preceding year indexed by the percentage change of the "annual average" Consumer price Index All Items (not seasonally adjusted) as published by Statistics Canada for the region in which the Property is located. 3. Further Options to Extend The Landlord irrevocably grants to the Tenant the option to further extend the Term for one (1) further and consecutive period of ten (10) years, commencing on the 31" day of October, 2019 and ending on the 30 day of October, 2029. The options shall be deemed to be exercised by the Tenant unless the Tenant gives notice in writing at least thirty (30) days prior to the expiry of the term or any extension period as the case may be stating that it elects not to exercise such option. 4. Rent Payable During Extension Terms Rent payable during the extension terms shall be based on the rent payable during the preceding year indexed by the percentage change of the "annual average" Consumer Price Index All Items (not seasonally adjusted) as published by Statistics Canada for the region in which the Property is located. 5. Application of License The Landlord and Tenant acknowledge and agree that except as otherwise provided herein this agreement shall be on the same terms and conditions as the License and the capitalized terms herein unless otherwise provided shall have the same meaning as ascribed to them in the License. All other terms and conditions of the License remain in full force and effect. 1/2 Site Name:6244 Marshall Rd. Location Code: C5496/51601002 IN WITNESS WHEREOF the parties hereto have hereunto executed this agreement as of the date first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation FIDO SOLUTIONS INC. Per: Name: Mike Millar Title: Regional Manager, Real Estate Ontario I have the authority to bind the Corporation 2/2 May 12, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara ails CANADA Re: FS- 2008 -01 Purchase of Pumper Truck for Fire Services Working Together to Serve Our Community Fire Services FS- 2008 -01 That Council approves the purchase of a Pumper Truck and associated equipment from Metz Fire and Rescue at a cost of $461,377.00 (plus applicable taxes). In past years, there have been requests from fire fighting personnel to become actively involved in selection and purchasing process of fire apparatus. Approximately four years ago, we began a lengthy process of appointing an apparatus committee composed of interested individuals from our suppression section, mechanical section and Supply and Services section. Our committee became educated through product research, meetings with mechanics and manufacturers, attending trade shows and benefiting from internal expertise and experience. The recommendation is a result of a teamwork and cooperation to achieve the best vehicle that meets our needs given budgetary considerations. The specifications design process focused on safety of personnel within the vehicle while responding and while operating the vehicle at emergency scenes. Pumper trucks are our primary response vehicles within the fire department. They perform water pumping through multiple lines, carry quantities of various size of hose and have equipment storage for a variety of response types. A pumper was approved and ordered in 2007. Included in that tender document was the provision to purchase an additional pumper truck, which has been identified for the 2008 Capital budget. There was no commitment to the second vehicle purchase, but the manufacturer initiated production of the second vehicle in order to realize production efficiencies. This also secured pricing for Niagara Falls with a strong Canadian dollar at that time. An estimated date for the 2008 Capital budget approval of February was provided to the manufacturer. With this in mind, vehicle modifications specific to the Niagara Falls truck could be held off until approval was completed. The extended budget approval process this year creates a situation where the _manufacturer needs to finish the vehicle and requires a commitment without furth 4310 Queen Street, P.O. Box 1023, Niagara Fails, ON Canada 1.2E 6X5 905- 356 -7521 www.niagarafalls.ca May 12, 2008 Deferring the project will require the vehicle to be re- tendered at higher costs and delay operational improvements throughout the city. The new vehicle will allow us to retire our 1980 Reserve Pumper 2. Funding for this project was provided from debentures and development charges as outlined in the 2008 Capital budget. Recommended by: Respectfully submitted: LSmith:tc -2 acDonald, Chief Admi trative Officer FS- 2008 -01 May 12, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niag ara ails CANADA Working Together to Serve Our Community MW- 2008 -25 Re: MW- 2008 -25 Adoption of 21.15 meter Road Allowance RECOMMENDATION: That Council adopts the 21.15 meter Road Allowance Standard where it is deemed appropriate in the context of proposed new residential development projects. The City of Niagara Falls, like other municipalities that are experiencing growth in their residential sector, has been repeatedly asked by the development community to reduce the road allowance widths in new "greenfield development" projects to improve land use efficiencies and accommodate higher densities that are being encouraged by the Province. The Warren Woods Plan of Subdivision is one of these projects where the City's standard road cross section creates some challenges. Our current 23 meter wide road cross section was designed to handle traffic volumes that would be typical for a collector road with provisions for transit vehicles and on- street parking. Our current 20 meter wide road allowance is suitable for a local road function. Staff has been asked to consider a hybrid of the two road cross sections that effectively combines the benefits of the two current standards but reduces the boulevard width by 0.925 meters on each side. This reduction can be achieved by incorporating a joint utility trench alignment and shifting the sidewalk closer to the roadway. This new cross section will still permit a paved roadway width of 9.15 meters which is sufficient to handle transit vehicles and on- street parking. The only drawback from the reduction of the boulevard width may be that there could be less room for snow storage. While this standard is a departure from our past practice, staff has carefully reviewed the matter with Transportation Services Planning and Operations staff and has reviewed the matter with the various uti r tat install their plant in the municipal road allowance. This new standard will pro alternative to the development community and is consistent Been Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Municipal Works May 12, 2008 2 MW- 2008 -23 with the trends and best management practices adopted by other municipalities around the Golden Horseshoe and Greater Toronto Area (GTA). Council's consideration of this proposal and direction to permit this new standard is appreciated. Recommended by: Approved by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Communi Services John Ma naId, Chief Administrative 0 icer R.Volpini S:IREPORTS12008 Reports\MW- 2008 -25 Adoption of 21.15 meter road allowance.wpd c o a I I 1 c ...J Q. a` I 20.0m Street Light line 2.75m Fire hydrant and Tree plonting 2.5m 1 6.0m (TYP.) "%W E �n n Lip /gut, 8.0m Lip 11 �1 /gut. i i r (tyP) 25mm HL3 50mm HL8 o 100mm Gran 'A' a: 200mm Crusher Run C I 1.5m l 3.0m Sidewalk 2 2.0m J 2X Tronsformer L 1 I i .....Y. M.: L 1 A I co: L O I LJ L .J Subgrade 3X T.V Cos T.V Bell 4 main Subdroin (if required) see Note 2 I O Hydrop L 1.0m fo E Storm Sewer 1.5m Watermain `�J Sanitary Sewer 1.5m 5.0m 1.5m Notes: 1. Reduction in cover may be approved in certain situations 2. Subdrains to be constructed in accordance with city standards 3. All roadway designs are subject to recommendations and considerations addressed in a geotechnical investigation report 4. Locations shown are applicable to both sides 5. All dimensions are in metres unless otherwise shown 6. Street Tight to be 3.0m arms (10') URBAN ROAD SECTION AND UTILITY LOCATIONS (20.0m WIDTH LOCAL /COLLECTOR ROAD) INhiaegaCraityFoafils CITY OF NIAGARA FALLS Canada STANDARD DRAWING NF- STo-201 Rev. No.: 1 I Dote: Nov, 2006 Scale: N.T.S. ci .J of o. 25mm HL3 50mm HL8 100mrn Gran 'A' 200mm Crusher Run t L LJ 6.92m (TYP.) 150mm (tYP•) Lip /gut. E E 1n Storm Sewer 1.5m 23.0 9.15 Notes: 1. Reduction in cover may be approved in certain situations 2. Subdrains to be constructed in accordance with city standards 3. All roadway designs are subject to recommendations and considerations addressed in a geotechnical investigation report 4. Locations shown are applicable to both sides 5. All dimensions are in metres unless otherwise shown 6. Street light arms to be 3.625m (12') 1.5m 4L Sanitary Sewer URBAN ROAD SECTION AND UTILITY LOCATIONS (23.0m WIDTH COLLECTOR ROAD) Subdroin (if required) see Note 2 Lip /gut. Watermain NF-STD -202 LJ 5.0m Street Light line 2.75m Fire hydrant and Tree planting 2.5m Transformer Cable ry Gas I Beli moin Hyd Scale N.T.S. 1.0m 1.5m The City of CITY OF NIAGARA FALLS Niagara Falls Canada ....0■„/ STANDARD DRAWING J 10 Rev. No.: 1 Dote: Nov. 2006 m a 150mm (VP) Lip /gut. 25mm HL3 50mm HL8 100mm Gran 'A' 200mm Crusher Run 1.5m Sidewalk Transformer 6.0m (TYP.) LJ Subgrade 3% Subdrain (if required) see Note 2 Storm Sewer 13m 21.15m 9.15m Notes: 1. Reduction in cover may be approved in certain situations 2. Subdrains to be constructed in accordance with city standards 3. All roadway designs are subject to recommendations and considerations addressed in a geotechnical investigation report 4. Locations shown are applicable to both sides 5. All dimensions are in metres unless otherwise shown 6. Street light arms to be 3.0m (10') 1.5m Sanitary Sewer URBAN ROAD SECTION AND UTILITY LOCATIONS (21.15m WIDTH LOCAL /COLLECTOR ROAD) Subgrade 3X Lip /gut. Watermoin If -STD -201 LJ 5.0m Street Light line 2.75m Fire hydrant and Tree planting 2.5m 2 CableO T.V Coed m i I 14 Hydrop 1.0m The City of CITY OF NIAGARA FALLS Niagara Falls Canada STANDARD DRAWING Rev. No.: 2 !Date: APRIL 2008 Scale N.T.S. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Liberty Street Plan 35 Stamford (aka Gladstone Avenue) lying between Stamford Avenue and Highway 420, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T.(TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. A by -law to declare Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City ofNiagara Falls, in the Regional Municipality ofNiagara, is hereby declared surplus. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. CITY OF NIAGARA FALLS By -law No. 2008- A by -law to authorize the execution of an Agreement ofPurchase and Sale with Benison Investments Ltd. respecting the purchase of lands being Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement ofPurchase and Sale from Benison Investment Ltd. to The Corporation of the City ofNiagara Falls for Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) BUYER, BENISON. .INVES.TMENTS LTD. (Full legal names of all Buyers) agrees to purchase from SELLER, THE.CO.RPORA.TION..O.F.TRE. CITY.OE NIAGARA. FALLS. the following REAL PROPERTY: (Full legal names of all Sellers) Address .Liberty .Stret;t fronting on the side of In the .City.ol:NiagaraFalls and having a frontage of more or less by a depth of more or less and legally described as Liberty Street Plan 35 Stamford (aka Gladstone Av) between Stamford Avenue and Highway 420; Niagara Falls as.Qutlined in. Schedule "A" attached (the °property PURCHASE PRICE; Five Thousand Five Hundred DEPOSIT: Buyer submits upon acceptance Five Hundred Fifty. (herewith/upon acceptance) (Legal description of land including easements not described elsewhere} by negotiable cheque payable to The Corporation of the City of Niagara Falls to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance as follows: To pay the balance of the purchase price, subject to usual adjustments, by way of cash or certified cheque, on the closing date. The Seller agrees to use its best efforts to complete the procedure to permanently close, declare surplus and authorize the conveyance to the Buyer of that part of Liberty Street as shown on Schedule "A" attached by the Closing Date, failing which the parties hereby mutually agree that the Closing Date shall automatically extend to ten(10) days after the Seller delivers written notice to the Buyer that the Seller has completed the procedure to permanently close, declare surplus and authorize the conveyance to the Buyer of the above referenced portion of Liberty Street. The Buyer agrees to deliver to the Seller on closing an undertaking to remove the billboard sign including the sign structure and pylon within ninety (90) days of the date of closing. SCHEDULE(S) A attached hereto form(s) part of this Agreement. 1. CHATTELS INCLUDED: billboard sign structure and Supporting pylons 2. FIXTURES EXCLUDED: not applicable Dollars (CDN$ 5.,500.00. Dollars (CON$ $•5.Q•QQ. 3. RENTAL ITEMS: The following equipment Is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: nlot.applicable. 4. IRREVOCABILITY: This Offer shall be irrevocable by Buyer until 5:00 p.m. on the 3QN. day of April day (Seller/Buyer) after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m. on the .........16t1............ day of .tune 20 08 Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 6. NOTICES: Seller hereby appoints the Listing Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Only if the Co- operating Broker represents the interests of the Buyer in this transaction, the Buyer hereby appoints the Co- operating Broker as Agent for the purpose of giving and receiving notices pursuant to this Agreement. Any notice relating hereto or provided for herein shalt be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided In the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. (For delivery of notices to Seller) FAX No. (For delivery of notices to Buyer) 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be included in the Purchase Price. if this transaction is not subject to G.ST, Seller agrees to certify on or before closing, that the transaction Is not subject to G.S.T. (included Infin addition to) 8. TITLE SEARCH: Buyer shall be allowed until 6:00 p.m. on the .day$.pri.Ol ,t0., day of closing 20 (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (t) 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; (11) 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 may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the properly by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for: (a) any registered restrictions or covenants that run with the land providing that such are compiled 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 Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire in favour of the Buyer and any mortgagee (with all related costs at the expense of the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shalt be returned without interest or deduction and Setter, Listing Broker and Co- operating Broker 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. Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part i11 of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non registrable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer /deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except In accordance with the terms of a document registration agreement between the said lawyers, the form of which is as recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. INITIALS OF BUYER(S): INITIALS OF SELLER(S): OREA Standard Form: Do not alter standard pre -set portion when printing or reproducing. Document prepared by Sullivan Mahoney LLB, Barristers Solicitors, Sr. Catharines, Ontario SoftDocs® 41 Wordprocessor Interface 2003 Page 1 of 2 SoftDocs Is a registered trade mark of StyleUs Corporation. Toronto, Canada. 12. DOCUMENTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union. Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available In registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real -time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seller shall hold all Insurance policies, it any, and the proceeds thereof In trust for the parties as their interests may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Sellers or other mortgagee's interest on completion. 15. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared In registrable form at the expense of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer- If requested by Buyer, Seller covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act, R.S.O. 1990. 17. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non residency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit 9 Seller delivers on completion the prescribed certificate or a statutory declaration that Seller Is not then a non resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, really taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Buyer. 19. TIME LIMITS: Time shall In all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement In writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990, unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI: Seiler represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with Insulation containing ureaformaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and ii 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. 23. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGENCY: It Is understood that the brokers involved In the transaction represent the parties as set out in the Confirmation of Representation below. 25. AGREEMENT IN WRITING: If there Is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre -set portion hereof, the added provision shall supersede the standard pre -set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context. 26. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED at Niagara F411 this day of .p 1 1 !2 0 0 8 SIGNED, SEALED AND DELIVERED in the presence of: IN WITN S whereof 1 ve hereunto set my hand and seal: st DATE (W H itness) (e er) enry ent of $enison Investments (seal) Ltd. DATE (Witness) (Buyer) (Seal) I, the Undersigned Seller, agree to the above Offer. 1 hereby irrevocably instruct my lawyer to pay directly to the Listing Broker the unpaid balance of the commission together with applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the Listing Broker to my lawyer. DATED at Niagara Falls this day of April 20 08 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof 1 have hereunto set my hand and seal: DATE (Witness) (Seller) Mayor Ted'Salci (Seal) DATE (Witness) (Seiler) C[e'rk =T3e torfda (seal) SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. DATE (Witness) (Spouse) (Seal) 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 a.m. p.m. this day of CONFIRMATION OF REPRESENTATION XligrlityLfc100.44400)fated.NOMPFX.M Listing Broker represents the Interests of the XHN t 1.1 48klCj X00:Dfdfelitattlai Co- operating Broker represents the interests of the in this transaction. In this transaction. (Seller /Seller and the Buyer) (Seller /Buyer) Kowtow 4t%c i tsorot wtauC16HXdtlxtSi AKig Name of Listing Broker Tel. No. FAX No. Tel. No. ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and 1 authorize the Agent to forward a copy to my lawyer. (Seller) (Seller) Address for Service Seller's Lawyer Address Tel. No. DATE DATE Tel. No. FAX No. fgXkrernixiftaro4a eXIIlN( 1OCASEatAtto)423dX0VCaSeratkx Name of Cooperating Broker 1 acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and 1 authorize the Agent to forward a copy to my lawyer. (Buyer) FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To: The Co- operating Broker shown on the foregoing Agreement of Purchase and Sale In consideration for the Co- operating Broker procuring the foregoing Agreement of Purchase and Sale, I hereby declare that all monies received or receivable by me in connection with the Transaction as contemplated in the MLS Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shalt constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Acknowledged by: Agreement of Purchase and Sale. Signature of Listing Broker or authorized representative Sign of Cooperating Broker or authorized representative OREA Standard Form: Do not alter standard pre set portion when printing or reproducing. Document prepared by Sullivan Mahoney LLP, Barristers Solicitors. Sr. Catharines, Ontario (Signature of Setter or Buyer) FAX No. DATE (Buyer) Address for Service 482 Ontario Street, ANCASTER, ON L9G 3E1 Buyer's Lawyer Sullivan Mahoney LLP (Rocco Vacca) Address 4781 Portage Road, Niagara Falls, ON L2E 6B 1 FAX No. 905.357.0501 Tel. No. 905357M500 SoftDocs'0 41 Wordprocessor Interface 2003 APCS Page 2 of 2 SoflDocs Is a registered trade mark of SlyleUs Corporation, Toronto, Canada. t 3795 5 -86), 34.99± N rn 12 420 13 PLAN (60.96± WIDE) 27.Ou N.E. CORNER LOT 15, PLAN 35 14 L5 DI'PRGPfT'lATIOk 45 44 43 '16 PLAN NO. $547 (F1915 T STA SOUTH LIMIT OF STAMFORD TOW\ 17 NO. STAMFORD AVENL (BY BY -LAW NO. 547, IN 18 -22) 39 1 iqhw\ CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the transfer of an existing storm sewer. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement dated the 12 day of May, 2008 and made between The Niagara Parks Commission and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part Lot 74, B.F. and Part Chain Reserve being Part 1 on Reference Plan 30R- 11960, in the City of Niagara Falls, Regional Municipality of Niagara, subject to the terms and conditions as described in the Licence Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement and any other documents necessary to carry out the intent of this by -law. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. THIS LICENCE AGREEMENT made as of the 0 day of Mai 200$ BETWEEN: and THE NIAGARA PARKS COMMISSION (hereinafter called "NPC OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called "NF OF THE SECOND PART WHEREAS NF wishes to assume ownership of an existing storm sewer on NPC property; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby by each party acknowledged, the parties hereto covenant and agree with each other as follows: 1. NPC grants NF its successors, assigns servants, contractors, agents and workmen the right to enter upon the property shown in Part 1 of Plan 30R -11960 Schedule "A hereinafter referred to as "Licence Lands" for the following purposes: To enter, lay, construct, install, operate, maintain, inspect, alter or replace any such municipal services or surface drainage works, including all other works as required by NF together with all appurtenances, attachments, apparatus, appliance, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to NF 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 NPC's lands abutting the Licence Lands on foot and /or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the licence hereby transferred (an existing 1,220 x 1,830 mm storm sewer), and NF 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 Licence Lands as may be necessary for the use of the licence. The NPC shall have the right to use and enjoy the surface of the Licence 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 NPC shall not, without the prior written consent of NF, place, erect or permit the erection on the Licence Lands any building, structure, fence foundation, pavement or other obstruction of any nature whatsoever so as to obstruct, hinder or prevent the exercise and enjoyment by NF of its right hereunder. Notwithstanding any rule of law or equity, the Works constructed by NF together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of NF even though the same may have become annexed or affixed to the Licence Lands. NF 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 giving notice thereof to NPC and obtaining consent therefrom. The NPC shall have the right to assign or transfer its rights hereunder in whole or in part upon giving notice to NF and obtaining consent from NF. The NPC covenants that: i. Subject to the foregoing it has the right to assign the licence and right to NF ii. NF shall have quiet enjoyment of the rights, licence and right hereby granted iii. NF or its successors and assigns will execute such further assurances for this licence and do such other acts (at NF expense) as may be reasonably required; and iv. The NPC has not done, omitted or permitted anything whereby the Licence Lands is or may be encumbered (except as the records of the Land Registry Office disclose). 2. NF covenants with NPC that: i. it shall after each entry remove all surplus sub -soil and debris, and shall restore that said lands to their former state as soon as, and to the extent reasonably practicable; ii. any disturbed areas forming part of any roads, curbs, lanes, sidewalks or pavements of any type, will be restored by NF to the condition existing prior to the installation of the works and to the satisfaction of NPC; iii. it shall give reasonable notice to NPC of any intention to enter upon any part of the said lands for the purpose of performing maintenance or repairs to the works, except in the case of emergency, in which case notice shall be given to NPC as soon as possible; 2 iv. it shall indemnify and save harmless NPC from all claims of every nature whatsoever arising out of the installation, construction, maintenance, operation and existence of the works; v. it shall indemnify and reimburse NPC for any damages, expenses or works required to be made or done by NPC by reason of the construction, maintenance, operation and existence of the works, including any protective works required to be done or made by NPC as a result of the construction of the works; vi. forthwith file with NPC an accurate, detailed plan showing the exact location of the works with measurement shown to the boundary lines of the said lands. 3. i. This licence 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 NPC 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. ii This agreement shall enure to the benefit of and be binding upon each party hereto, successors and permitted assigns. The Parks declare that this agreement does not grant an interest in lands only a licence to enter for the specified purpose. above written. IN WITNESS WHEREOF this agreement is made as of the day and year first The Niagara Parks Commission Per: Jim Williams, Chairman Per: John Kernahan, General Manager The Corporation of the City of Niagara Falls Per: Ted Salci, Mayor Per: Dean lorfida, City Clerk 3 N51' 14'20 "W CHAIN �I N55'54'20 97.6' (PLAN k PEAS) ni i...117SM.1TA0r17.11,yn1'1J[1!M Gq.MIPP 1.17 Mr 11 WYK 7.11.... G,H 32.27' RESERVE `APPROXIMATE WES7FRLY LIMIT OF 7HE CHAIN RESERVE PART LOT INST. N0. 13697(1923) PART LOT 74, B.F. ANO PART CHAIN RESERVE PART 3, PLAN 59R 12643 INST. NO. SN63952 PIN 64269 0435(0 T) SCHEDULE TOWNSHIP STAMFORD LIAO' !HZ �VfAGAPA Pil/Y5 ralifZ 1$YO11 PIN 64269 0111(9) 36. REFERENCE BEARING 598.44' (PV.H WW EAS 433.09' (PUN k 4179 30.00' PART 4, PLAN 59R'-1264 3,_ SUBJECT 70 EASEMENT AS IN /NS7RUM£NT SN63949 P.I.N. PART OF PIN 64269- 0111(R) I- PART 7, PLAN 59R -12643 L 1 J 1 7 I 1 12 1 1 6 1 1 1 I a 1 1 I 1 1 1 1 l 1 35.48' (PLAN k AREAS) M v I a, Z Q a Ih 1 EY 0, AREA 0.29 Ac NOTES ALL FOUND MONUMENTATION SHOWN ON THIS PLAN WAS PLANTED BY Matthews, Cameron, Heywood Kerry T. Howe SURVEYING LTD. OR A PREDECESSOR FIRM UNLESS OTHERWISE STATED IMPERIAL NOTE DISTANCES SHOWN ON THIS PLAN ARE IN FEET AND CAN BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048 BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT OF PART 4, AS SHOWN ON PLAN 59R- 12643, HAVING A BEARING OF N55•54'20 "W. LEGEND 1T CC 18 SSW IRO CP MTO W[r JM I REQUIRE THI5 PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT t DENOTES SURLET MONUMENT FOUND -Q- BURLEY MONUMENT SET IRON VIBE CUT CROSS IRON BAR STANDARD IRON BAR SNORT STANDARD IRON 8AR ROUND IRON BAR CONCRETE MONUMENT CONCRETE PIN k WASHER OCTOBER 12, 2006. 25 O' 2006 MINISTRY OF TRANSPORTATION OF ONTARIO MotM•v. Cameron. H•yooE Kerry T. Hors sum LTD. R North S rr 667, E fart R Wmt mom msa+. P9 PLAN OF SURVEY OF PART OF LOT 74, BROKEN FRONT TOWNSHIP OF STAMFORD AND PART OF THE CHAIN RESERVE City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, CAMERON, 40730 D KERRY 0 HOW SURVEYING LIMITED SURVEYOR'S CERTIFICATE I CERTIFY THAT: OCTOBER 12, 2006. DATE PLAN 30R -119 roa RECEIVED AND DEPOSITED Oc.4.13 DATE ASST DEPUTY LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA (30) It)) DENOTES WITNESS OH) ONTAfl10 HYDRO PLAN PLAN 59R -12843 50' 100' 75°. 50' 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WI THE SURVEYS ACT. THE SURVEYORS ACT AND THE REGISTRY ACT AND ME REGULATIONS MADE UNDER THEM. 2. THE SURVEY WAS COMPLETED ON 0 OBER 10, 270 1 ANDREW CAMERON Ontario Land Surveyor 1 1 MORS, CAMERON, HEYWOO 1 CERRIT.HoWESURATINGLTD, rOwn 9.M, /ma 034 p, Mom Fak, CMaie 19 702 PM{906(156 -393 Fm4904.156 -6224 96 0474 Simi, 00 7a3ia4 413v4 123 306 3679.(905)137 -3300 orsror.thrwomrwyers. coo CD J DH JCbetked AC I LR 37532 J C 2006 -42 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Township Lot 148 Stamford designated as Part 3 on Reference Plan 59R- 13393 as a public highway, to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 148 Stamford designated as Part 3 on Reference Plan 59R- 13393; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Township Lot 148 Stamford designated as Part 3 on Reference Plan 59R- 13393 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. A by -law to authorize the execution of a Licence Amending and Extension Agreement with Fido Solutions Inc. respecting the operation and maintenance of transmission reception antennae for the purpose of telecommunications and broadcasting. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Amending and Extension Agreement dated the 4th of April, 2008 and made between The Corporation of the City of Niagara Falls and Fido Solutions Inc. with respect to the lands comprised of part of the road allowance between Lots 12 and 13, Concession 6 in the former Township of Willoughby designated as Part 1 on Reference Plan 59R- 10360, in the City of Niagara Falls, Regional Municipality of Niagara, subject to the terms and conditions as described in the Licence Amending and Extension Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Amending and Extension Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Amending and Extension Agreement and any other documents necessary to carry out the intent of this by -law. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. CITY OF NIAGARA FALLS By -law No. 2008 Site Name:6244 Marshall Rd. Location Code: 05496/51601002 F. 1. 2. BETWEEN: LICENSE AMENDING AND EXTENSION AGREEMENT MIS AGREEMENT made this 4 day of April, 2008 THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Landlord and FIDO SOLUTIONS INC. (formerly Microcell Connexions Inc., hereinafter called the "Tenant WHEREAS: A. The Landlord and the Tenant entered into a License dated 26 day of October, 1998 and an Amending Agreement dated 2 day of March, 1999 (collectively, the "License with respect to certain real property known as part of the road allowance between Lots 12 and 13, Concession 6, former township of Willowghby, Niagara Falls, Ontario (the "Property"), all as more particularly described in the License; B. By Articles of Amalgamation dated 1" day of May, 2003, Microcell Connexions Inc. amalgamated and continued as Microcell Solutions Inc.; and C. By Articles of Amalgamation dated 8 day of November, 2004, Microcell Solutions Inc. amalgamated and continued as Microcell Solutions Inc.; D. By Articles of Amendment dated 19 day of January, 2005, Microcell Solutions Inc. changed its name to Fido Solutions Inc.; E. The current term of the License expires on 31" day of October, 2008; and The Landlord and the Tenant have agreed to amend the terms of the License as hereinafter provided; THEREFORE in consideration of the covenants, terms and conditions contained herein the Landlord and the Tenant agree the License is hereby amended as follows: Demise and Terns The Landlord hereby leases to the Tenant the Property for and during the term of eleven (11) years less a day, commencing on the 1" day of November, 2008 and expiring on the 30 day of October, 2019 (the "First Extension Term en As per Section 2.3 of the License, the Rent payable during the First Extension Term shall be the rent payable during the preceding year indexed by the percentage change of the "annual average" Consumer price Index All Items (not seasonally adjusted) as published by Statistics Canada for the region in which the Property is located. 3. Further Options to Extend The Landlord irrevocably grants to the Tenant the option to further extend the Term for one (1) further and consecutive period of ten (10) years, commencing on the 31" day of October, 2019 and ending on the 30`" day of October, 2029. The options shall be deemed to be exercised by the Tenant unless the Tenant gives notice in writing at least thirty (30) days prior to the expiry of the term or any extension period as the case may be stating that it elects not to exercise such option. 4. Rent Payable During Extensjon Terms Rent payable during the extension terms shall be based on the rent payable during the preceding year indexed by the percentage change of the "annual average" Consumer Price Index All Items (not seasonally adjusted) as published by Statistics Canada for the region in which the Property is located. 5. AnDlacation of License The Landlord and Tenant acknowledge and agree that except as otherwise provided herein this agreement shall be on the same terms and conditions as the License and the capitalized terms herein unless otherwise provided shall have the same meaning as ascribed to them in the License. All other terms and conditions of the License remain in full force and effect. 1/2 Site Name:6244 Marshall Rd. Location Code: C5496/51601002 IN WITNESS WHEREOF the parties hereto have hereunto executed this agreement as of the date first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation FIDO SOLUTIONS INC. Per: Name: Mike Millar Title: Regional Manager, Real Estate Ontario I have the authority to bind the Corporation FORM APPROVED TO CONTEN r: ROGERS REAL ESTATE 2/2 CITY OF NIAGARA FALLS By -law No. 2008 A by-law to establish Part Block F Plan 5, designated as Part 4 on Reference Plan 59R -13060 as a public highway, to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Block F Plan 5, designated as Part 4 on Reference Plan 59R 13060; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Block F Plan 5, designated as Part 4 on Reference Plan 59R -13060 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Portage Road Plan 1 designated as Part 1 on Reference Plan 59R -11556 as a public highway, to be known as and to form part of Portage Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Portage Road Plan 1 designated as Part 1 on Reference Plan 59R -11556 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Portage Road Plan 1 designated as Part 1 on Reference Plan 59R -11556 that is hereby established as a public highway, be known as and form part of Portage Road. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008. May 12, 2008. May 12, 2008. CITY OF NIAGARA FALLS By -law No. 2008- A by -law to amend By -law No. 79 -200, to permit the development of two apartment dwellings on the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets C5 and D5 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from TC to R5C and numbered 819, the land on the south side of Marineland Parkway, opposite Ailanthus Avenue being Pcl 1 -5 Sec 59 -4; Pt Lt 4 P1 4 Niagara Falls; Pt Lt 5 P14 Niagara Falls Pt 2 3 59R- 5702; Niagara Falls and shown hatched and designated R5C and numbered 819 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 7.12.1 and clauses (a), (b), (d), (j) and (m) of section 7.12.2 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 R5C and numbered 819 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with the following regulations: (a) Minimum lot area (b) Maximum number of dwelling units (c) Minimum rear yard depth (d) Maximum number of apartment dwellings on one lot (e) Accessory buildings and accessory structures (f) Minimum landscaped open space the whole of the land shown hatched and designated R5C and numbered 819 on the plan Schedule 1 attached hereto, save and except for any part that may be required for the purpose of road widening 150 45 metres 2 in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 40% of the lot area, which shall include a 25 metre wide landscape strip along and adjacent to the rear lot line (g) All other provisions of By -law No. 79 -200 shall continue to apply 2 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.819 Passed this twelfth day of May, 2008. First Reading: Second Reading: Third Reading; S :1ZONING\AMS120071By -I aws\Byam33.wpd Notwithstanding the provisions of section 7.12.1 and clauses (a), (b), (d), (j) and (m) of section 7.12.2 of By -law No. 79 -200, no person shall use the land on the south side of Marineland Parkway, opposite Ailanthus Avenue, designated R5C and numbered 819 on Sheets C5 and D5 of Schedule "A or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with By -law No. 2008 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR May 12, 2008 May 12, 2008 May 12, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Pr AA Description: PCL 1 -5 SEC 59 -4; PT LT 4 PL 4 NIAGARA FALLS; PT LT 5 PL 4 NIAGARA FALLS PT 2 3 59R5702; NIAGARA FALLS Applicant: Napev Construction Limited Assessment #s: 272508000314805 K:\GIS Requests\ 2007\ Schedules \ZoningAM\AM- 33\mapping.map Amending Zoning By -law No. 79 -200 1:NTS AM- 33/2007 March 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the payment of $22,720,739.40 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 March 27, 2008 to April 23, 2008. Passed this twelfth day of May 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008 May 12, 2008 May 12, 2008 By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12t day of May, 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 12t day of May, 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 ofNiagara 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 ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twelfth day of May, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 12, 2008 May 12, 2008 May 12, 2008 CITY OF NIAGARA FALLS