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2008/07/07COUNCIL MEETING Monday, July 7, 2008 Order of Business and Agenda Package N iag ar a j q O CANADA: Brandon Lanese will sing the National Anthem PRAYER. Councillor loannoni ADOPTION OF MINUTES: Council Minutes of June 23, 2008 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. NEDCO COUNCIL MEETING July 7, 2008 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Dennis Parass, Board Chairforthe Niagara Economic Development Corporation will make a presentation to Council. PLANNING MATTERS Public Meeting AM- 2008 -017, Zoning By -law Amendment Application 6269 Dorchester Road West Side), Opposite Stokes Street Applicant. 1688846 Ontario Limited (Louie Buordolone) Proposed Townhomes and Semi- Detached Dwellings Background Material: Recommendation Report. PD- 2008 -62 -AND- Correspondence from Niagara Region's Public Works Dept. 2 Public Meeting AM- 2008 -018, Zoning By -law Amendment Application 4415 Montrose Road Applicant: Michael and Salvatore Mannella Proposed 3 Unit On- Street Townhouse Dwelling Background Material: Recommendation Report: PD- 2008 -63 -AND- Correspondence from the Region's Planning Development Correspondence from Mike Manojlovich Correspondence from Peter Damore Correspondence from Henry Evelyn Del Mundo Correspondence from Angelo Marino Correspondence from various residents UNFINISHED BUSINESS 1 CPS 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas 2. L- 2008 -15 Borrowing for Capital Expenditures MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Municipal Heritage Committee requesting Council's support of the City of Thorold resolution requesting federal tax incentives for the rehabilitation of heritage buildings etc and informing Council of the committee's opposition to the Prey Nightclub. RECOMMENDATION. For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -26 Cancellation, Reduction or Refund of Taxes F- 2008 -27 Municipal Accounts TS- 2008 -41 Automated Bus Stop Announcement Technology TS- 2008 -36 Niagara Falls Fort Erie Inter- Municipal Transit Agreement TS- 2008 -40 Pettit Avenue at Sherwood intersection Control Review BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. NOTE: There has been a request from Josh Kaufman of Smart!Centres to speak to the by -laws related to the shopping centre development on Oakwood Drive. 2008 -107 A by -law to amend By -law No.79 -200, to permit a shopping centre development on the north and west sides of Oakwood Drive. (AM- 46/2006) 2008 -108 A by -law to amend By -law No. 79 -200, to permit a shopping centre development on the south and east sides of Oakwood Drive. (AM- 46/2006) 2008 -109 A by -law to amend By -law No. 79 -200, to permit the commercial development of land located between Drummond Road and Portage Road, north of William Street. (AM- 2008 -011) 2008 -110 A by -law to provide for the approval of Amendment No 83 to the City of Niagara Falls Official Plan 2008 -111 2008 -112 2008 -113 4 A by -law to designate the property known as the All Saints Anglican Church, 5680 Robinson Street, being PIN 64350 -0160 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. A by -law to authorize the execution of an Agreement with Giovanni Mussari and Rose Mussari, respecting the purchase of an easement, being Part 1on Reference Plan 59R- 13252; in the City of Niagara Falls, in the Regional Municipality of Niagara A by -law to authorize the execution of an Agreement of Purchase and Sale with Hodan Investment Corporation respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13060, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -114 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D.M Inc respecting the use of the Niagara Falls Arena for a one day circus event. 2008 -115 A by -law to amend By -law No 89 -2000, being a by -law to regulate parking and traffic on City Roads (Pettit Avenue Sherwood Road) 2008 -116 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Charlotte Street). 2008 -117 A by -law to authorize the execution of the 2008 2010 Collective Agreement with the Canadian Union of Public Employees and its Local 133 2008 -118 A by -law to authorize the payment of $7,473,307.10 for General Purposes. 2008 -119 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7 day of July, 2008. NEW BUSINESS (71272008) Teresa Fabbro natio an them s --Page 1 From: "Laurie" <tanez @cogeco ca> To: "dean iorfida" <diorfida @niagarafalls.ca> Date: 6/30/2008 1 50 PM Subject: national anthem Hi Dean Here is your singer for July 7 Brandon Lanese is a 10 year old student at St. Vincent de Paul School He performed in the school play, Grease, as one of the T- Birds, and was also one of the 12 finalists in the St. Vincent de Paul Idol contest. He recently passed his Grade 1 piano exam and earned his Taekwondo Black Belt. In his spare time, Brandon enjoys singing, playing piano, swimming, playing soccer and video games Laurie Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Gilroy, Pam" <pam.gilroy @regional.niagara.on.ca> 5/6/2008 1:57 PM Hi Dean At Regional Council last Thursday, May 1, under Other Business, Councillor Puttick asked why Dennis Parass, Board Chair for the Niagara Economic Development Corporation, had not yet made a presentation to Niagara Falls Council. He asked us to facilitate the arrangements If you could provide some future Council dates, I will convey these to Mr. Parass to check his availability. Thanks Dean Pam Pam Gilroy Regional Clerk Regional Municipality of Niagara P O Box 1042 2201 St. David's Road Thorold, Ontario L2V 4T7 (905) 685 -1571, Ext. 3226 Page 2 of 2 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidentif (s) named above, and may be legally pnvileged. If the reader of this message is not the intended send this communication to the sender and permanently delete the original and any copy of it fn file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \482087EDDomain... 7/2/2008 2 February 5, 2007 Council Minutes Councillor Diodati indicated a conflict of interest to Community Services Report BBS- 2007 -001, as an immediate family member is employed with the applicant. Mayor Saici indicated a pecuniary interest to cheque 308369 payable to himself DEPUTATIONS /PRESENTATIONS Strike Out Violence Tamara Coleman- Lawrie, Development Officer, of Women's Place of South Niagara Inc., addressed Council on the organization's annual bowling tournament which is being held on Friday March 2, 2007. Inspector Brian Eckhardt, Niagara Regional Police addressed Council on the Police's participation in the tournament and the good work done by Women's Place ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that Council submit a bowling team to support Women's Place of South Niagara. Carried Unanimously Duplication of Services Regional Councillor Norm Puttick addressed Council on the duplication of services between the two municipal tiers of government. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council supports the current efforts to review roles and responsibilities of local business development departments and the Niagara Economic Development Corporation to ensure that duplication does not occur, especially in the area of tourism. Carried Unanimously PLANNING MATTERS PD- 2007 -08 Chief Administrative Officer Zoning By -law Amendment, AM- 05/2006, 7555 Montrose Road, Applicant: RRVP Niagara Square Inc. (RioCan), Agent: Farber, Folger, Rubinoff, Proposed Expansion Niagara Square Proposed Application: Increase gross leaseable floor area (GLFA) to 50,000 sq. m. Reduce the minimum parking requirements to 1 space per 20 sq m. of GLFA Increase the lot coverage to 35% Reduce the building setbacks along McLeod Rd. for the proposed Canadian Tire store. Planning Analysis Official Plan Niagara Square designated Major Commercial OPA No. 60 permits Niagara Square to expand to 50,000 sq m. Application conforms with the OP. RECOMMENDATION For the approval of Council. 12 October 15, 2007 Council Minutes ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the communication be approved as recommended and that signage directing people to Niagara Falls be considered in any re- configuration of the interchange Carried Unanimously 6 Nicole and Allan Ferguson request that dog on Bonnie Street be declared vicious RECOMMENDATION. For the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson to receive and file the communication Carried Unanimously The City Clerk advised of an addition report to the Consent Agenda FS- 2007 -05, Emergency Operations Centre Equipment. REPORTS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati for Council to proceed past 11 p.m. Carried Unanimously 1. BDD- 2007 -04 Chief Administrative Officer- Niagara Economic Development Corporation (NEDC) Services It is recommended for the Information of Council. Councillor Thomson would like that staff request regular reports and statistical information on what the City of Niagara Fails is getting for the monies submitted to NEDC ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. with Councillor Thomson opposed. Carried 2. HR- 2007 -11 Chief Administrative Officer CAO By -law and Job Description It is recommended for the information of Council, the revised CAO By -law and job description. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the recommendations from the Community Services Committee be approved as recommended. 1) The minutes of the September 24, 2007 meeting be approved. 2) PD- 2007 -62 Growth Management Official Plan Review 1) Thatthe Comprehensive Review of Residential and Employment Land Needs and Supply, prepared by urbanMetrics Inc., be adopted in principle except for recommendations 1, 12 13 outlined in the Executive Summary in the Review Councillor Diodati left the Chambers 5 October 29, 2007 Council Minutes REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE AGENDA ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the recommendations from the Corporate Services Committee Agenda be approved as recommended The following items are to be ratified from tonight's meeting of the Corporate Services Committee. 1) F- 2007 -35 2006 Financial Statements That Council approve the 2006 Consolidated Financial Statements as presented and prepared by the City's Auditor, Crawford Smith and Swallow 2) CPS 2007 -03 Water and Sewer Rates Review That the information provided in response to "Water Rate Study" be received and filed, That staff be authorized to engage consulting services to review the City's water and sewer rates and that Louden and Fortin be invited to provide a proposal on the water and sewer rate review. 2) 2008 FUNDING REQUESTS. a) That the 2008 Funding Requests from the following agencies be referred to final budget deliberations: Niagara Falls Public Library, including the additional $25,000 request. GNGH Foundation Niagara Falls Board of Museums Winter Festival of Lights Niagara Falls Tourism Women's Place of South Niagara b) That the financial submissions from the following agencies be referred to final budget deliberations. Niagara Chair -A -Van Project SHARE YWCA Niagara Region United Way of Niagara Falls Niagara District Airport Commission Niagara Falls Big Brothers Big Sisters Association New Business That staff initiate actions requesting the Region to allow the City of Niagara Falls to redirect its proportional share of funding for the NEDCO budget to fund Niagara Falls Tourism That Council be provided a full report on the 2008 funding requests with staff's corresponding recommendations. That Council be provided a report back on line items from the 2007 budget thatwere not spent and have been referred back to 2008 budget. Carried Unanimously Niagara Falls Big Brothers Big Sisters Regional Budgets Niagara Falls Lions Park SECOND MEETING REGULAR COUNCIL MEETING Council Chambers January 28, 2008 Council met on Monday, January 28, 2008 at 7:00 p.m for the purpose of considering Regular Business matters. All members of Council except Councillors loannoni and Pietrangelo were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the minutes of January 14, 2008 be approved. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest for the current Council meeting DEPUTATIONS /PRESENTATIONS Jon Braithwaite, Executive Director, addressed Council regarding current iniatives including the 100 men initiative, which is attempting to provide 100 Big Brothers in Niagara Falls. He also advised of the upcoming Annual Tim Hortons Bowl for Kids Sake Campaign. The event will be held on February 16 2008 Councillors will be contacted through the Mayors Office inviting any interested parties to be part of a team in the annual bowling fundraiser. Regional Councillor Norm Puttick was present and spoke of various issues related to amalgamation and NEDCO PARKS, RECREATION CULTURE MATTERS Carried Unanimously Don Wallace, Project Chairman provided an overview and showed a brief video outlining the plans for redevelopment of the Niagara Falls Lions Park. Key features of the re- designed park are accessibility and year -round amenities. The park plan was developed in partnership with the Lions, who are funding the project over the next 15 years. Don Wallace along with Gabe Marinelli, President and Craig Robinson, Past President presented a cheque for the first installment to Mayor Salci for $10,000. Ms, Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: Niagara,1alls CANADA November 19, 2007 Re: Niagara Economic Development Corporation Tourism Promotion Niagara Falls City Council has begun its annual budget deliberations. One of the agencies that the municipality regularly subsidizes is Niagara Falls Tourism. The organization currently represents more than 400 members of different sectors of the tourism and tourism related sectors throughout the Niagara Region and beyond. Council discussion turned to the perceived duplication of services between local agencies, like Niagara Falls Tourism, the area Economic Development offices and the (Regional) Niagara Economic Development Corporation (Nedco). As a result, Council passed the following motion: That staff initiate action requesting the Region to allow the City of Niagara Falls to redirect its proportional share of funding for the Nedco budget to fund Niagara Falls Tourism. Carried Unanimously As you are probably aware, the City of Niagara Falls' share of the most recent regional levy was $58,713,943 which is approximately 21.7% of the total regional levy. As suggested by one Councillor, by applying this percentage to the Regional funding of Nedco, the City's indirect support of Nedco would be $476,328 (21.7% of $2,195,060); however, since the Region of Niagara can only approve one property tax rate for its general levy, the Region cannot levy a lower tax rate for Niagara Falls that effectively deletes this indirect support for Nedco. Corporate Services Department Clerks Ext 4271 Fax 905. 356 -9083 dlorf ida @niagarafalls.ca 4310 Queen Street, P.O. Box 1023, Niagara rafts, ON Canada 12E 6X5 905.356-7521 wwwniagarafalls.ca -2- City staff suggests that Regional Council consider one of the following options: A) that Regional Council contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls; or B) that Regional Council contract with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falls; or C) that Regional Council request Nedco to contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls; or D) that Regional Council request Nedco to contract with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falls; or E) that Regional Council refund the City, its proportionate share of the regional levy that is used to fund Nedco. With Niagara Falls Tourism already providing exceptional marketing, management leadership and coordination for tourism partners, primarily in the City ofNiagara Falls, it makes no sense for Nedco to be providing similar services; therefore, Niagara Falls City Council respectfully requests that the Regional Council consider one of the arrangements outlined above. Please forward this correspondence to the appropriate parties for due consideration. Sincerely, Dean I.. da City Clerk c. Ken Burden, Acting Director of Corporate Services, City of Niagara Fails Serge Felicetti, Director of Business Development, City of Niagara Falls Anna Pierce, Executive Director, Niagara Falls Tourism Working Together to Serve Our Community N'I P Region January 24, 2008 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: CHIEF ADMINISTRATIVE OFFICER Mike Trojan 2201 St. David's Road, P 0 Box 1042, Thorold ON L2V4T7 Tel 905 -685 -1571 Toll -free 1- 800 263 -7215 Fax: 905 -685 -6243 www regional.niagara.on.ca E -mail mike trojan @regional.niagara.on.ca Please be advised that we are in receipt of your letter dated November 19, 2007 requesting that Regional Council consider several options related to funding provided to the Regional Municipality of Niagara, and specifically the Niagara Economic Development Corporation. Your correspondence was forwarded to Regional Council at its meeting of November 29, 2007 and the following resolution was passed: To receive and refer to staff of the Corporate Services Department and Niagara Economic Development Corporation for report. Staff is currently compiling background information in preparation of a report for Regional Council in the next four to six weeks. In reviewing the background information on this issue, there have been several on- going discussions with the City of Niagara Falls and your local stakeholders on the destination marketing organization initiatives (CAO 10 -2007, Appendix A and B, attached) and further work carried out by the municipal Chief Administrative Officers to identify any areas of duplication (CAO 10 -2007, attached) in economic development and tourism. The analysis and recommendations contained in that report included the direct participation of the City of Niagara Falls, and all other municipalities and stakeholder groups identified in your letter. As such, there was a collective agreement that there does not appear to be a substantive degree of duplication of effort as concluded in the above noted information. This report was received and approved for the information of council by the City of Niagara Falls on October 15, 2007 as BDD 2007 04. For the purposes of the report to Regional Council, we intend to include the background information (referred to above) but want to ensure that we are accurately characterizing the conclusions from those consultations. We would ask that you please provide any background information to clarify the specific areas of duplication outlined in your letter and /or verify any specific information in the attached that may be materially inaccurate. Building Community. Building Lives. ....cont'd Mr. Dean Iorfida January 24/08 Page 2 We appreciate your assistance to fulfill this request. Please contact John Bergsma, Commissioner of Corporate Services, at 905- 685 -4225, ext. 3292, or john.bergsma@regional.niagara.on.ca directly with any background information. Yours trul /rz Attachment Mike Trojan Chief Adminis ative Officer Copy Peter Partington, Regional Chairman Pam Gilroy, Regional Clerk John Bergsma, Commissioner of Corporate Services, Niagara Region Patrick Gedge, Chief Executive Officer, Niagara Economic Development Corporation Ken Burden, Acting Director of Corporate Services, City of Niagara Falls Serge Felicetti, Director of Business Development, City of Niagara Falls Anna Pierce, Executive Director, Niagara Falls Tourism CAO 10 -2007 September 27, 2007 RECOMMENDATIONS EXECUTIVE SUMMARY 1 REPORT TO: Regional Chairman and Members of Council SUBJECT: Review of the Economic Development and Tourism Function in Niagara That Regional Council adopts the following recommendations: 1. That Regional Council receive and support the principles outlined in the body of this report which represent the understanding between the Niagara Economic Development Corporation (NEDC) and Local Economic Development Offices. 2. That Regional Council direct staff through the Office of the CAO to provide support to the NEDC Board of Directors to take a lead in the development of key measures of performance for the Economic Development function by making use of the Ontario Municipal CAD's Benchmarking Initiative (OMBI) framework. This report presents the results of the review of the Economic Development and Tourism function in Niagara that was initiated earlier this year. The Economic Development Officers from Niagara Falls, Fort Erie, Port Colborne, Welland, St. Catharines and NEDC have collaborated in establishing clarity on each of their respective roles and responsibilities. This will formalize the spirit of cooperation and collaboration that needs to exist if Economic Development and Tourism efforts in Niagara are to be successful. As part of the review some research into other models was undertaken in an effort to better understand how other jurisdictions approach economic development activities. The research indicated that there was no one single preferred model for economic development. It also indicated that few, if any, two tier models had formalized roles and responsibilities. Most of the models reviewed evolved over time to suit localized circumstances. CAO 10 -2007 A September 27, 2007 Given the lack of available benchmarks staff is recommending that the Region in collaboration with NEDC take a leadership role in working to develop some key measures of success (as identified in Niagara's Economic Growth Strategy Navigating our Future) leveraging our participation in municipal benchmarking initiatives such as OMBI. FINANCIAL IMPLICATIONS There are no immediate financial implications from this report. Through formalization of roles and responsibilities all parties will be able to ensure resources are appropriately focused. PURPOSE The purpose of this report is to present the results of the review of the Economic Development and Tourism Function. The report also outlines the process that led to the development of these key principles and outlines some next steps for consideration. BACKGROUND Report CAO 5 -2007 outlined a process to review Economic Development and Tourism functions in Niagara. The Terms of Reference endorsed through that report were developed in response to a staff direction from Regional Council, a resolution passed by the City of Niagara Falls and discussions that took place among the Area CAO's group. In addition, a similar discussion was held among the Mayor's, CAO's, and business development staff of the City of Niagara Falls, City of Welland, City of St. Catharines and the Town of Fort Erie. The objective of the review is to address any real or perceived duplication of functions, identify any potential efficiencies and research and review the approach of other jurisdictions. The intent is to optimize collective investment in economic development and tourism promotion, improve understanding of respective roles and responsibilities and improve the co- operation, collaboration and outcomes resulting from economic development and tourism promotion. The key principles that have driven this review are rooted in a number of the action statements contained in Niagara's Economic Growth Strategy Navigating our Future. For example the strategy calls for building a stronger collective voice, development of an efficient and seamless process to ensure advancement of economic priorities, including cooperatively working with local municipalities and other partners. Regional Council has received two progress updates from the CAO during the review process one in May and most recently in July. 2 CAO 10 -2007 September 27, 2007 REPORT Economic Development Activities The head of each of the Economic Development Agencies /Departments in Niagara have worked together to come to a common understanding and consensus on their respective roles and responsibilities. A summary of the outcomes of this work is included in Appendices A and B for your reference. The outcomes of this work have been formalized into a set of key statements that establish a framework that are rooted in a set of common principles that have been endorsed by each of the Economic Development Officers. In addition, the Mayor's of municipalities with Economic Development Officers and a steering team of CAD's have had opportunities to provide input. The common principles are: Economic Development efforts are designed to optimize our collective investment across Niagara Communication and regular 2 -way input into planning efforts related to Economic Development are critical to good working relationships and successful outcomes. Programs are developed with a focus on the single taxpayer (partnering and rationalization of effort) Accountability requires the establishment of measurable targets and reporting of those results. In an effort to create a common understanding the purpose of the following agreed upon statements is to establish and formalize the framework whereby municipalities EDO offices and NEDC will continue to work together for the benefit of their communities and Region of Niagara in terms of the full spectrum economic development success. In addition, these statements will ensure an effective level of economic development service delivery at both the municipal and regional levels of government that clarifies and strengthens the ongoing relationship among the parties. Statement 1 The Region of Niagara is comprised of twelve (12) municipalities, five of which have full time economic development offices. Seven municipalities do not currently have permanent economic development departments. The EDOs and NEDC work to create an environment conducive to business development and investment. The economic development capability of the five municipalities provides opportunities for collaboration and partnership between municipalities and NEDC. These partnerships allow each municipality and NEDC to leverage limited resources in the provision of efficient and high quality economic development service. In the other seven communities, NEDC makes available the full range of economic development services. 3 September 27, 2007 Statement 2 All parties recognize and fully respect that each organization has its own governance, structure, and decision making processes. Statement 3 The purpose of this framework is to develop a clear understanding among all parties on the role and delivery of the following items (in no particular order): a) Business Planning b) Advocacy c) Market Intelligence and Research d) Business Retention and Expansion e) External Marketing Statement 4 Statement 5 Advocacy 4 CAO 10 -2007 Business Planning The EDOs and NEDC will share information on programs and projects in advance of each budget cycle at a Business Planning Session in order to provide input on program planning and identify opportunities for collaboration and partnerships. Deliverables 1. A minimum of quarterly meetings (including the above noted. Business. Planning session) will be held to review progress and enhance coordination along with other meetings as agreed. 2. Co -op programming as identified each year 3. Input on NEDC program budget planning as it pertains to the affected parties (including municipalities without a dedicated EDO). NEDC carries out advocacy activities on behalf of the Region and EDO's carry out similar functions for their respective municipality. Identification of provincial and national issues for advocacy will be shared among all parties in advance to allow for mutual opportunities to input, increased coordination, and consistent messaging. CAO 10 -2007 1 September 27, 2007 Deliverables 1. Queen's Park Planning/Priorities Events (e.g. Niagara Week Queen's Park) 2. Ongoing Lobbying of Provincial/Federal Govemments 3. Federal/Provincial funding grant applications and subsequent contract delivery 4. Press releases/communications must explicitly acknowledge each participating partner Statement 6 Market Intelligence and Research NEDC will provide comprehensive research on all aspects of the regional, and where appropriate, the Provincial, National, and global economies including demographics, statistics, trends, etc. The five municipal partners will provide local research input to NEDC and facilitate access to local businesses for research purposes. In addition, NEDC will purchase or create comprehensive datasets deemed to be relevant to the delivery of economic development services. Research will be shared among all organizations (including municipalities without dedicated EDO's) as requested and legally allowed. Deliverables 1. NEDC to purchase and/or conduct yearly relevant stats /market intelligence as determined 2. Strategic industry analysis (e.g. Automotive, logistics, etc.) Statement 7 Business Retention and Expansion (BR &E) NEDC makes available BR E services to municipalities without an EDO. The EDOs will be responsible for BR E (corporate calling) within their own jurisdictions. Partnership and collaboration on various initiatives and strategies relating to the advancement of BR E will be pursued among the EDOs with NEDC being invited to work on specific projects with the local economic development office. Deliverables 1. Information will be shared between NEDC and the respective EDO's on BR &E initiatives within specific industries 2. Should NEDC become aware of any local business retention and expansion issues it will immediately advise and engage the local EDO. 5 1 Statement 8 External Marketing NEDC will lead and be the significant funder on external marketing (business attraction, investment marketing) and branding for Niagara. Such marketing planning activities will be shared among all parties in advance of launch to allow for increased collaboration, coordination, consistent messaging, and partnership opportunities. Deliverables 1. Automotive strategy implementation 2. Manufacturing strategy implementation 3. Up to date and competitive Websites 4. The exploration of new market opportunities Statement 9 Opportunity Alerts (Business Leads) Statement 10 CAO 10 -2007 September 27, 2007 NEDC and local EDO's will work cooperatively to ensure that opportunity alerts (business leads) are shared among all parties on issues related to Business Retention and Expansion (BR &E) and Extemal Marketing Deliverables 1. Protocols will be established for the sharing of "opportunity alerts" (business leads) between NEDC and EDO's and vice- versa. (protocols will establish tracking methods and site referrals) NEDC and the EDO's agree to act as resources to each of the governing bodies as required and where matters of particular expertise are being discussed. It is understood that this may include attendance at Board meetings. Tourism Activities The framework outlined above deals specifically with roles and responsibilities related to Economic Development activities. The EDO's and NEDC have also worked together to clarify roles and responsibilities related to tourism activities. In summary there is agreement that in most instances the NEDC and local Tourism agencies work in a complementary fashion. 6 CAO 10 -2007 s September 27, 2007 Through these discussions the approach to a regional tourism strategy that would allow for better leveraging of existing tourism and marketing investments across the region has been noted. A Tourism Strategy 2006 -2012 for Niagara has been developed by Destination Marking Organizations (DMO's) across Niagara. This strategy and action plan was developed last year based upon the results of the Ontario Ministry's Premier Ranked Process which involved the tourism industry in Niagara doing a complete SWOT analysis. It is framed as the Destination Development initiative, which includes a Steering Committee and four committees made up of DMO and industry representatives who are working together to implement the plan and seek opportunities to improve the framework. One possible area of overlap was identified at the Niagara Gateway Centre in Grimsby. Both NEDC and the Town of Grimsby, through the Chamber of Commerce, have individual presence in the centre. At the Niagara Gateway Centre, Tourism and Promotion is handled for Grimsby specifically by the Grimsby and District Chamber of Commerce and for NEDC by Tourism Niagara. An impression has existed that since both were located in the very same area that duplication of service may exist. On September 5, 2007 senior representatives of NEDC, Grimsby and District Chamber of Commerce, Tourism Niagara and the Town of Grimsby met to discuss this situation. From the discussions we had it was determined that each of Niagara Tourism and the Chamber have their separate and distinct audiences for the tourism and promotion services they offer. Tourism Niagara represents the entire Region and provides services such as one stop attraction ticket purchasing, hotel reservation and attraction advice in the Niagara area. The Chamber on the other hand ensures the interests of chamber of commerce members are attended to as well as providing the specifics of information for the Town of Grimsby through a partnership arrangement. It was evident that each provider compliments the other and there is sharing of information and resources and that in the end analysis both work to ensure the traveler gets a very good impression of both Grimsby and Niagara. While, it is acknowledged there may be a cost associated with both these operations, the parties agree that there are positive (but non quantifiable) public relations and promotion benefits that result from this cost. Research of Other Economic Development Models The research on other models of economic development, while valuable as background information, has not yielded a single best model. A summary of some of the jurisdictions considered is contained within Appendix A. Below is a summary of the key points from this research. 7 There does not appear to be a single model that is dominant or clearly better most have developed to suit local circumstances There seems to be a common thread recognizing the need for a regional brand in order to be globally competitive Regardless of structure most have some sort of public /private interests represented Roles and responsibilities vary and are largely based on circumstances and have evolved to suit local needs The services provided are generally consistent across all models In general research supports the need for clearly articulated purpose; roles and responsibilities such as would be found in the statements and deliverable presented in this report. In order to fully assess the merits of one model over another there would need to be some consistent set of measures of performance that could be reviewed it does not appear that these exist on a comparative basis. It is on the last bullet where staff is recommending that the NEDC with the support of the Region take a leadership role in developing such indicators. This would be consistent with the Niagara Economic Growth Strategy and with the principles outlined earlier in this report. In addition through our participation in the Ontario Municipal Benchmarking Initiative (OMBI) there is an opportunity to tap into the network and expertise of our partner municipalities to develop sound and comparable indicators. Staff is proposing that Regional staff through the Office of the CAO take on a leadership role in working with NEDC and other jurisdictions to develop appropriate measures. Submitted by: Mike Trojan Chief Administrative icer This report was prepared by Kirk Weaver, Manager, Special Initiatives CAO 10 -2007 September 27, 2007 APPENDIX A POWERPOINT PRESENTATION ON ECONOMIC DEVELOPMENT APPENDIX B POWERPOINT PRESENTATION ON TOURISM 8 Niagara Region REPORT TO: Co- Chairs and Members of Corporate Services Committee CSD 30 -2008 March 12, 2008 SUBJECT: Letter from the City of Niagara Falls Re: Perceived Duplication of Niagara Economic Development Corporation Services RECOMMENDATION That the request to redirect Niagara Fall's proportional share of funding for the Niagara Economic Development Corporation budget to fund Niagara Falls Tourism be declined, and; That this report be received and forwarded to the Council of the City of Niagara Falls for information. EXECUTIVE SUMMARY In correspondence received from the Council of the City of Niagara Falls, they had indicate some areas of perceived duplication in services provided by the Niagara Economic Development Corporation (NEDC), Niagara Falls Tourism and the area Economic Development Offices. As a result, the City Council requested staff to initiate action requesting the Region to redirect Niagara Falls proportional share of funding for NEDC (estimated at $475,000). Early last year, the CAO's of all municipalities collaborated on a report to Regional Council (CAO 10 -2007) entitled "Review of the Economic Development and Tourism Function in Niagara." After six months of work, the report established a set of principles that brought clarity to each organization's respective roles and responsibilities and concluded that local and regional activities were complementary and not in fact duplicated. Any consideration by Regional Council to the request from Niagara Falls for the contracting out of tourism promotion services or for the refunding of their proportionate costs for NEDC would be borne by all municipalities within Niagara. As such this would adversely affect those area municipalities within Niagara that are not receiving any benefit from exclusive promotions of Niagara Falls. 1 Based on the collaborative review, there were no significant areas duplication identified between the Niagara Economic Development Corporation, Niagara Falls Tourism and the area Economic Development Offices Since the redirection of funds would adversely affect the other constituent area municipalities in Niagara, it is being recommended that any request to redirect Niagara Falls proportional share of funding for the NEDC budget to fund Niagara Falls Tourism be declined FINANCIAL IMPLICATIONS The 2008 budget for NEDC was approved as part of the 2008 Current Budget. There are no financial implications associated with this report. PURPOSE The purpose of this report is to respond to Regional Council's request for a report in respect to a letter received from the City of Niagara Falls on the perceived duplication of services between the Niagara Economic Development Corporation, Niagara Falls Tourism and the area Economic Development Offices The letter requested consideration for a refund of Niagara Falls proportionate share of funding of the NEDC budget. BACKGROUND CSD 30 -2008 March 12, 2008 Attached is a copy of a letter dated November 19, 2007 from the City of Niagara Falls Re. Niagara Economic Development Corporation Tourism Promotion. Contained within this letter was the following resolution from Niagara Falls City Council "That staff initiate action requesting the Region to allow the City of Niagara Falls to redirect its proportional share of funding for the Nedco (NEDC) budget to fund Niagara Falls Tourism." This resolution was premised on the belief that there is a duplication of services between the Niagara Economic Development Corporation, Niagara Falls Tourism and the area Economic Development Offices. The attached letter was received by Regional Council on November 29, 2007 and referred to staff of the Corporate Services Department and Niagara Economic Development Corporation for report. REPORT Perceived Duplication of Services In 2007, the CAO's of all municipalities collaborated on a report to Regional Council (CAO 10 -2007) entitled "Review of the Economic Development and Tourism Function in Niagara" (Attached). After six months of work, the report established a set of principles that brought clarity to each organization's respective roles and responsibilities and concluded that local and regional activities were complementary and not in fact duplicated. 2 CSD 30 -2008 March 12, 2008 As well, over the past three years, NEDC and the local Destination Marketing Organizations (DMOs), including Niagara Falls Tourism, have worked and partnered together to ensure that there is not duplication For example, Appendix B to the CAO 10 -2007 report entitled "Tourism Marketing Function in Niagara" (May 16, 2007) is a presentation by all the major DMOs, and it clearly indicates the activities of NEDC's Tourism Niagara and how each of them complement and add value to local DMO activities. NEDC, as Tourism Niagara, does not market individual municipalities It markets all or a combination of municipalities. It markets consumer "experiences" that transcend boundaries. There is only one vacation guide for Niagara, and it is called "Niagara Seasons." It is a joint venture between NEDC and Niagara Falls Tourism, thus ensuring only a single publication for mass market distribution. NEDC also produces other unique publications for Niagara such as "Les saisons" (the only French vacation guide); The Welland Canal Corridor /Greater Niagara Circle Route; and Regional Map /Cycling Map. None of these publications duplicate individual efforts /marketing by local DMOs. Similarly, NEDC focuses on generating media coverage for tourism product in Niagara. NEDC has a dedicated expert in this area, and in 2007 over $3 million of media value was generated for all of Niagara. Every DMO (and the private sector) welcomes and participates in this venture. More specific to NEDC and Niagara Falls Tourism NFT is a membership -based organization and focuses more on international marketing, motorcoach /travel trade shows, meetings and conventions NEDC does none of those activities and focuses on regional markets (Ontario /Quebec), consumer shows, and consumer publications. The two organizations have different mandates and target markets, but they complement each other. Niagara Falls Tourism (and other DMOs) have reviewed NEDC's 2008 tourism plans, and have supported them. Request for Refund to Niagara Falls for its Proportionate Share of Funding of NEDC Contained within the attached letter received from Niagara Falls was a resolution from City Council for staff to initiate action requesting the Region to redirect Niagara Falls proportional share of funding for NEDC (estimated at $475,000). In addressing this request the following options were presented to the Region by City staff: a) that Regional Council contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls 3 CSD 30 -2008 March 12, 2008 b) that Regional Council contact with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falls c) That Regional Council request Nedco to contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls. d) That Regional Council request Nedco to contract with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falls e) That Regional Council refund the City, its proportionate share of the regional levy that is used to fund Nedco Options (a -d) presented by City staff have a common theme, being the contracting out of tourism promotion services related to Niagara Falls by either the Region directly, or by NEDC to the City of Niagara Falls or the Niagara Falls Tourism association. Any contracting out of tourism promotion would require an additional budgetary provision to fund the extra contracted economic development work. These additional funds would be raised through the general tax levy and as such would be borne by all municipalities, and therefore adversely affecting the other constituent area municipalities within Niagara who are not receiving any benefit from the Niagara Falls tourism promotion. Section 311 of the Municipal Act states that tax rates set by the Region must be the same for each lower -tier municipality in the Region and therefore each municipality would shoulder this additional cost proportionally based on their rateable assessment. Option e) is somewhat different than option (a -d) in that it requests Regional Council to refund the City its proportionate share of the regional levy that is used to fund NEDC. This in essence is a request by the City to opt out of receiving any form of economic development benefit provided by NEDC. Niagara Falls proposes that NEDC services would no longer be provided to them and that the Regional refund would be used internally to fund tourism promotion services previously provided by NEDC. It should be noted that Regional Council does have the authority to refund the City of Niagara Falls (by way of a grant) its proportionate share of the regional levy that is used to fund NEDC. Section 107 of the Municipal Act states that: Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality. Section 289 of the Municipal Act requires the Region to adopt an annual budget including estimates of all sums required during the year (including amounts for grants provided under Section 107 and, amounts required to be provided for any of its local boards ie NEDC) When considered in the context of Section 311 of the Municipal Act (an upper tier tax rates have to be the same for each lower -tier municipality), the same problem occurs with refunding Niagara Falls money in that it adversely affects the other municipalities in 4 Niagara More importantly is the fact that as there is no duplication in services, should any grant provided to Niagara Falls be offset by a reduction NEDC funding, NEDC programs would have to be cut or service levels reduced to accommodate the reduction in the their funding levels, again adversely affecting the other area municipalities. In summary, the role of NEDC has and will continue to focus on Niagara and region wide initiatives that transcend local municipal boundaries. This approach does not duplicate local promotional or tourism marketing but rather complements local approaches. Since funds cannot be redirected to Niagara Falls without adversely affecting the other constituent area municipalities in Niagara, it is recommended that any request to redirect Niagara Falls proportional share of funding for the NEDC budget to fund Niagara Falls Tourism be rejected. Submitted by: J n Bergs a Commissioner of Corporate Services 5 Approved by: Mike Trojan Chief Administrative 0 ice CSD 30 -2008 March 12, 2008 This report was prepared by John Murphy, Manager, Policy and Development, and Development and reviewed by Patrick Gedge, Chief Executive Officer, Niagara Economic Development Corporation. 57. New Staff Included in 2008 Current Budget for IT Solutions CSD 27 -2008 Moved by Councillor Burroughs Seconded by Councillor Bentley That Report CSD 27 -2008, March 12, 2008, respecting New Staff Included in 2008 Current Budget for IT Solutions, be received. That staff be authorized to proceed with the hiring of the Web Content Analyst position that is included in the approved 2008 Current Budget for Corporate Services IT Solutions. 58. Letter from the City of Niagara Falls Re: Perceived Duplication of Niagara Economic Development Corporation Services CSD 30 -2008 Moved by Councillor Burroughs Seconded by Councillor D'Angela CSC 4 -2008 March 12, 2008 Carried. That Report CSD 30 -2008, March 12, 2008, respecting Letter from the City of Niagara Falls Re: Perceived Duplication of Niagara Economic Development Corporation Services, be received. That the request to redirect Niagara Fall's proportional share of funding for the Niagara Economic Development Corporation budget to fund Niagara Falls Tourism be declined. Moved by Councillor Zimmerman Seconded by Councillor D'Angela Carried. That Report CSD 30 -2008, March 12, 2008, regarding Niagara Economic Development Corporation Services, be referred for a fulsome discussion to a special Committee of the Whole or Council Meeting, to be determined by the Regional Chair. CS 34 Carried. 6 June 9, 2008 Council Minutes 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 ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the reports on the Consent agenda be approved as recommended. Carried Unanimously BY- LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -95 A by -law to establish Part Lot 9 Plan 326 Niagara Falls designated as Part 3 on Reference Plan 59R -13699 as a public highway, to be known as and to form part of Rosedale Drive. 2008 -96 A by -law to authorize the payment of 23,659,504.62 for General Purposes. 2008 -97 A by -law to amend By -law No 89 -2000, being a by -law to regulate parking and traffic on City Roads. Parking Prohibited, Stopping prohibited, Stop signs at intersections) 2008 -98 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Limited Parking, Parking Prohibited, Stopping Prohibited, Speed Limits on Highways (Part 4 80 Km /h) Heximer Avenue) 2008 -100 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 2008 -003) 2008 -101 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of June, 2008 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously OLG Lands in Victoria Avenue Centre St Area ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that a resolution be sent to the OLG and the member of Provincial Parliament to take responsibility for the maintenance of their property on the former rail line right of way Carried Unanimously Brochure Racks NEW BUSINESS Councillor Thomson outlined the difficulties that Niagara Falls Tourism has had securing rack space at the Gateway Tourist Niagara Information Centre in Grimsby. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Region investigate the matter and resolve the issue as quickly as possible. Carried Unanimously Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 June 12, 2008 NiagaraJalls Dear Ms. Gilroy: Re: Brochure Space at Gateway Niagara Welcome Centre At their recent meeting, Niagara Falls City Council discussed a matter related to the topic noted above. The background is as follows: As the official marketing organization of our community, Niagara Falls Tourism has been attempting to secure space for a 58 pocket brochure rack at the Gateway Niagara Welcome Centre in Gnmsby. With arguably millions of visitors a year stopping off at the Welcome Centre on their way to Niagara Falls, it would only seem natural that an appropriate rack be displayed. In attempting to secure approval, representatives from Niagara Falls Tourism have been bounced between the ownership of the Welcome Centre and the Niagara Economic Development Corporation (NEDCO), where the matter has been left. Unfortunately, to date Niagara Falls Tourism has been unsuccessful in securing wall space at the Gateway, despite having approximately 200 such pocket brochure racks, that are freely displayed, throughout Ontario and neighbouring States. As a result of the discussion, Niagara Falls City Council passed the following motion: That the Region investigate the issue of Brochure Space at Gateway Niagara Welcome Centre and attempt to resolve it as quickly as possible Carried Unanimously Council members also pointed out that the Welcome Centre had been subsidized in the past through the Regional budget and it only seemed appropriate that 58 local taxpaying businesses are allowed to have brochures at this key gateway into Niagara. Please forward this resolution to Regional Council. Si cerely, TON ox 1 Q23, Niagara Falls, ON, Canada 12E 6X5 ":905 356 7521_ www.niiagarafa IIs.ca Dea orfida City Clerk Corporate Services Department Clerks Ext 4271 Fax 905 -356 -9083 diorfida @niagarafalis.ca July 7, 2008 PD- 2008 -62 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Niagaraaalls Re: PD- 2008 -62 AM- 2008 -017, Zoning By -law Amendment Application 6269 Dorchester Road (West Side), Opposite Stokes Street Applicant: 1688846 Ontario Limited (Louie Buordolone) Proposed Townhouses and Semi Detached Dwellings RECOMMENDATION: That Council approve the Zoning By -law amendment application to change the zoning of the subject land to a Residential Low Density, Grouped Multiple Dwellings (R4) zone with site specific development standards as detailed in this report to permit 8 townhouse dwelling units and 4 semi detached dwelling units BACKGROUND: Proposal The amendment is requested for a 5,135.8 square metre (1 269 acre) parcel of land on the west side of Dorchester Road, south of Lundy's Lane and opposite Stokes Street as shown on Schedule 1 The applicant proposes a development of 8 townhouse dwelling units and 4 semi detached dwelling units on a private roadway with access to Dorchester Road Schedule 2 provides details of the proposed site plan Schedule 3 shows the elevation drawing for the proposed townhouse blocks The subject land is currently zoned Residential Single Family (R1 C -685) through Zoning By -law No 79 -200, as amended by Zoning By -law No. 2005 -44. This site specific zoning permits a mixed residential development of 4 lots for single detached dwellings and an apartment building containing 8 units The applicant has requested the zoning of the land be changed to the Residential Low Density, Grouped Multiple Dwellings (R4) zone with site specific development standards to permit the proposed bungalow townhouses and semi detached dwellings Previous Applications There have been several development proposals considered for the subject land in recent years. In February 2003, Council.denied a rezoning application (AM- 46/2002) for a 29 -unit 3- storey apartment building: Council also did not support an application (AM- 45/2003) in Working Together to Serve Our Community Community Services Department Planning Development July 7, 2008 2 PD- 2008 -62 April 2004 proposing a 25 -unit 3- storey apartment. Issues of density were cited by staff and area residents were opposed to these developments in both instances In August 2004, staff recommended and Council approved application AM- 36/2004 to permit an 8 -unit apartment located near Dorchester Road and four single- detached dwellings along the west, northwest and south boundaries of the site Council passed the implementing by -law in March 2005 for a site specific R1C zone. Council granted draft plan approval with conditions (effective June 22, 2005 File 26CD -11- 2005 -01) for a Vacant Land Condominium on the property based on this zoning A different development was proposed on the land (as well as portions of the abutting property to the west 6322 Brookfield Avenue) in June 2006. This rezoning application (AM- 17/2006) proposed the creation of 7 lots for single- detached dwellings with special driveway access (3 lots to Brookfield Avenue and 4 lots to Dorchester Road) There was neighbourhood opposition to the lots accessing Brookfield Avenue and Council denied the application The City's Committee of Adjustment refused related severance applications (B35/2006/NF to B46/2006/NF) for this new lotting concept in August 2006. The owner appealed the zoning and severance decisions to the Ontario Municipal Board (OMB). At the OMB Hearing in March 2007, the owner withdrew the appeals except for the severance application to separate land containing the dwelling at 6293 Dorchester Road from their overall landholdings. The Board approved that severance with conditions that have now been satisfied The 6293 Dorchester Road property has been sold. In September 2007, the Committee of Adjustment considered an application (A- 36/2007) for variances to the zoning by -law requirements for the approved apartment development on the site The Committee granted variances to permit an increase in lot coverage and reductions to the south setback of the building and minimum size of the apartment units. The zoning for the mixed development of an apartment and single- detached dwellings is currently in force on the property However, the condominium approval has recently lapsed after the three year draft approval period as conditions were not satisfied and an extension request was not submitted Neighbourhood Meeting The applicant held an information meeting at City Hall on June 11, 2008 that was attended by approximately 15 area residents as well as Planning staff. This meeting was held on the recommendation of staff given the history of applications on the site, to inform the public and receive preliminary input. The applicant stated that their company has a purchase agreement with the current owner that proposed the previous developments. Sketches of the proposed new design were presented and discussed. Staff provided background to the previous applications and current approval The development review process was explained as well as typical site plan requirements Residents expressed frustration with the numerous applications for the site over the years and hoped for some certainty for the development of the vacant land. Generally, the townhouse /semi- detached proposal was well received by the area residents in attendance. Surrounding Land Uses There are single- detached dwellings located to the north, south, east and west of the subject land Apartment buildings are further north on Dorchester Road while a condominium development (former Dorchester Manor seniors home) is to the southeast. July 7, 2008 3 PD- 2008 -62 Circulation Comments Information on the requested zoning by -law amendment was circulated to City divisions, the Region, agencies and the public for comment The following summarizes the comments received to date: Building By -law Services, Fire Services and Municipal Works No objections to the proposal. All requirements will be addressed through the future Site Plan Agreement and the Building Permit process Transportation Services Planning Review No objections. Dorchester Road abutting the property is undersized with respect to the Official Plan right -of -way width and a 3 05 metre (10 foot) widening will be required. This widening and approval of the driveway design will be addressed at the Site Plan Control stage. Regional Niagara Development Services No objection from a Provincial or Regional planning perspective. Public Works advises that the proposed design does not satisfy Regional waste collection requirements and private waste collection will need to be provided. Various matters were considered in assessing the application Based on this analysis, approval is recommended The review of the amendment is summarized as follows 1 The proposal complies with the policies of the Official Plan and Provincial Planning policies. The City's Official Plan designates the subject land Residential. The policies of the Plan support a variety of housing forms and densities. A compatible mix of dwelling types is promoted to provide a full range of housing options throughout the municipality The Official Plan encourages a more intensive use of vacant residential land and underutilized parcels Infill developments such as the proposal contribute to the City's supply of housing units and are an efficient use of existing services that minimize municipal costs The Official Plan permits residential densities of up to 25 units /hectare (10 1 units /acre) for single and semi detached housing and up to a maximum of 50 units /hectare (20.2 units /acre) for townhouse development. The density of the proposal is 23 37 units /hectare (9.46 units /acre) which is low for multiple residential unit projects. However, this provides a gradation of density with respect to the surrounding single- detached homes and is similar to other bungalow townhouses in the City. The location of the proposal on a major roadway (Dorchester Road Arterial) satisfies Official Plan criteria. The application is consistent with the Provincial Policy Statement and the Growth Plan that promote intensification and the efficient use of land and infrastructure. July 7, 2008 4 PD- 2008 -62 2 The requested Zoning By -law amendment is appropriate. The applicant requests an alternate housing mix but the same number of units (12) that are currently permitted in the approved zoning by -law Staff consider the proposed bungalow townhouse /semi- detached development a better layout of the dwellings and internal roadway and parking areas than the existing approval The proposal also should improve compatibility with abutting properties Site specific R4 zoning by -law provisions are required to implement the submitted design The height of the dwelling units will be restricted to 7 5 metres (24.6 feet) compared to the standard 10 metres (32 8 feet) allowed for the abutting properties Each unit will be required to provide an attached 2- vehicle garage The setback of the garages will be 6 metres (19.6 feet) from the private roadway to accommodate additional vehicle parking in the driveways. An amenity area is required for each unit. The typical depth of a private amenity space is 7.5 metres (24.6 feet) which is provided at the rear of the units at the west limit of the site. The rear yards of the dwellings at the north boundary are proposed at 6 5 metres (21.3 feet) which is acceptable for this infill development. The semi detached dwelling at the south of the property has amenity areas positioned at the side of each unit much like a corner lot. The setback of these dwelling units to the south lot line is 3 metres (9 8 feet) with the exception of the area behind the garages where 1.5 metres (4 9 feet) is provided. This side yard width exceeds the requirement for a semi detached home There should be no impact on the abutting properties in this area given fencing requirements and the location next to a neighbour's detached garage and the far corner of a large Brookfield Avenue lot. 3 Future Applications for Site Plan and Condominium are required. The Site Plan Control process will determine design details such as landscaping, perimeter privacy fencing, lighting, service construction and grading /drainage requirements. A condominium plan will establish separate ownership of the units. CONCLUSION: The requested amendment is recommended for approval. The proposal complies with the Official Plan and Provincial planning policies The application provides an improved residential design for the site that will be compatible with the neighbourhood. itep Recommended by Approved by: Ed D ovic, xecutive Director of Community Services Respectfully submitted 111,0 "./--/7/2 Joh r acDonald, Chief Administrative Officer Alex Herlovitch 'rector of Planning Development R.Wilson:gd Attach. S \PDR\2008\PD- 2008 -62, AM- 2008 -017, 6269 Dorchester Road (West Side), 1688846 Ontario Limited.wpd Subject Land Amending Zoning By -law No. 79 -200 Applicant: 1688846 Ontario Limited Location: 272507001611500 Part 272507001611600 K: \GIS_Requests\ 2008 \Schedules \ZoningAM\AM 17 \mapping. ma p SCHEDULE 1 LOCATION MAP 1.NTS AM- 2008 -017 June 2008 SCIIEDULE 2 SC IEDELE 3 Jun, 26 2008 11 REGIONAL PLANNING Niagara Region PUBLIC WORKS Development Services Division 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 984 -3630 Toll -free: 1.800- 263 -7215 Fax: 905. 641 -5208 www. reglonal.nlagara,on.ca Fax Transmittal CC: To: Rick Wilson Planner 11 From: Sue Mabee Planner Re; Zoning Bylaw Amendment AM -2006 -017 6289 Dorchester Road 1588846 Ontario Ltd. Fax: memory bate: June 25, 2008 C] Urgent 0 For Review Please Comment 0 Please Reply Hi Rick Please find Regional comments on the above noted application. Sue No. 3180 P 1 RECEIVED JUN 2 6 2008 PLANNING DEVELOPMENT `I r4 Pages: 3 including cover page Please Recycle CONFIDENTIAL The information contained In thls facsimile message is legally privileged and confidential and is tended only for the use of the Individual or entity named below, Any other use, dissemination, distribution, disclosure or copy of this facsimile is strictly prohibited. If you have received this facsimile In error, please immediately notify us by telephone so that we may arrange the return of the original transmission, Thank you, Jun, 26. 2008 11:53AM REGIONAL PLANNING No, 3180 P 2 Niagara Region June 26, 2008 Mr. Rick Wilson Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON 1..2E 6X5 Dear Mr. Wilson: Re: AM- 2008 -017 Zoning By -Law Amendment Application To Permit Townhouse and Semi Detached Dwellings 6269 Dorchester Road, Rear of 6293 Dorchester Road City of Niagara Fails Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The purpose of the amendment is to rezone the subject property from the site specific Residential Single Family (R1 C -685) zone to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. The amendment will facilitate the development of 8 townhouse dwelling units and two semi detached dwellings on the property General Land Use Building Community, Building Lives, PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P O, Box 1042 Thorald, ON L2V 4T7 Tel: 905 984.3630 Tol I- free:1. 800.263 7215 Fax: 905. 641.5208 www.regional,nlagara.on.ca File: D 10.M 11,23 The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. In addition, municipalities are encouraged to develop a diverse mix and range of housing types and densities, including affordable housing. The proposed development of the property represents intensification within the urban built area where existing infrastructure and services are available. The property will be developed at a higher density that will make for a more efficient use of existing urban serviced land and infrastructure. The development of townhouse and semi detached units should further enhance housing choice for residents with a variety of lifestyles and /or income groups. Jun,26, 2008 11.53AM REGIONAL PLANNING RoJpnal Public Work* Condominium developments with private roadways may receive internal curbside waste collection provided the development compiles with the Region's "Collection of Waste By Way of Entry on Private Property" policy and the Owner enters into an Indemnity Agreement with the Region, A key element of the waste collection policy Is that the site roadway system be adequate for waste collection vehicles to enter and exit the site without the need to engage in any back -up manoeuvring. New developments not large enough for a drive through street system may provide a cul -de -sac with a minimum paved road radius of 15,0 metres at the end of the roadway. Alternative design(s) that can accommodate waste collection vehicles should be examined if the development Is to receive waste collection by the Region. Should the development not meet policy guidelines, private waste collection must be provided at the owner's expense and a warning clause must be Included in any development agreement and all Agreements of Purchase and Sale or Lease for each dwelling that advises waste collection for the development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor, The applicant may wish to consider how waste collection will be addressed (Le. Regional collection or private collection) prior to proceeding with the Zoning Bylaw Amendment as any design changes may affect the site specific provisions of the proposed amending bylaw. Please note the subject property has frontage on a roadway designated as a bicycle route within the Regional Niagara Bicycling Network Plan. If the bicycle route is currently not established and identified with signage, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises. This may involve additional pavement width, parking restrictions or other works to Implement the route, CONCLUSION Regional Development Services staff has no objections to the proposed Zoning Bylaw Amendment from a general land use perspective. However, the method of waste collection should be determined prior to approval of the zoning bylaw amendment as any changes to the site layout may affect the provisions of the amending bylaw. Please send notice of the City's decision on this application. Yours truly, Sue Mabee Planner 2 SM\ Cc: Mr. William Stevens, Regional Public Works Z: \MSWORD \SM \NIAGARA FALLSr2oning Bylaw Amendment\AM- 2008 -017 6269 Dorchester.doc No, 3180 P. 3 July 7, 2008 PD- 2008 -63 Nia ara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re: PD- 2008 -63 AM- 2008 -018, Zoning By -law Amendment Application 4415 Montrose Road Applicant: Michael and Salvatore Mannella Proposed 3 -Unit On- Street Townhouse Dwelling RECOMMENDATION: That Council approve the Zoning By -law amendment application to rezone the land Residential Mixed (R3) to permita 3-unit on-street townhouse dwelling on the land, subject to the standards recommended in this report. o 4 resit .evr-+s iv«twoed- v' j —t-LAe si r.Q. PAav‘ process BACKGROUND: Michael and Salvatore Mannella have requested an amendment to Zoning By -law No 79- 200 for a 669 square metre (7200 square foot) parcel of land known as 4415 Montrose Road, as shown on Schedule 1 The applicants propose to construct a 3 -unit on- street townhouse dwelling on the land, as shown on Schedule 2. The land is zoned Residential Single Family and Two Family (R2) which permits single detached, semi detached and duplex dwellings. The applicant is requesting the property be rezoned to Residential Mixed (R3) to permit three (3) on- street townhouse dwelling units Site specific provisions are sought to permit an increased lot coverage of 43 an increased driveway width of 6 5 metres (21 feet) and decreased side yard setbacks of 1.8 metres (5 9 feet) Site Conditions and Surrounding Land Uses The site is currently vacant. A chiropractic office with two dwelling units exists on the abutting property to the north and west. Existing and proposed townhouse dwellings lie further to the north Single detached dwellings abut the site to the south. A mix of industrial uses are located to the east on the opposite side of Montrose Road Circulation Comments Regional Municipality of Niagara The proposal gn'etally conforms to Provincial and Regional land use policies for intensif' A O,Q ueenStreet PO fox 1023 Niagara Falls ON Cana L2E 6X5 905 356 7521 ww;w niagarafalls`e Working Together to Serve Our Community Community Services Department Planning Development July 7, 2008 2 PD- 2008 -63 Regional staff cannot support the current driveway design and recommend the application be deferred until an acceptable design, showing a reduced number of driveways, is submitted Transportation Services No objections, however the hammerheads are not large enough nor should be used to park a vehicle Municipal Works, Legal Services, Parks, Recreation and Culture Fire Services No objections Further details will be reviewed at the site plan stage. Planning Analysis 1 The requested amendment conforms to the Official Plan. The land is designated Residential by the Official Plan which permits a range of housing forms Street townhouses up to three storeys in height and 50 units per hectare (20 units per acre) are to be located primarily on collector roads and integrated with other forms of housing Infill residential development is to be designed to achieve compatibility with the surrounding area in terms of density, building mass, setbacks and appearance. The requested amendment is acceptable for the following reasons. The proposal is appropriate for the size and configuration of the subject land and provides for a modest increase in intensification from 2 units to 3. At a density of 45 units per hectare (18 units per acre), the proposal is within the density range contemplated for these types of dwellings and provides a transition from the single detached dwellings to the south and the commercial and townhouse developments to the north The scale, massing and appearance of the development is similar to what can be developed on the property now and would be compatible with the dwellings to the south The height and setbacks of the building are consistent with the adjacent single detached dwellings and the appearance of the townhouse reflect these dwellings. In addition, the office to the north will not be impacted by a 2- storey dwelling. The site has direct access to an arterial road. Local roads will not be impacted by the proposal. 2. The requested zoning is appropriate. The subject site is zoned Residential Single Family and Two Family (R2). The requested Residential Mixed (R3) zone will permit an on- street townhouse dwelling Requested site specific provisions to accommodate the proposal are acceptable as follows The site will meet the lot area per unit requirement. The reduction in the side yard setback, from 3 metres (9.8 feet) to 1.8 metres (5 9 feet), reflects the side yard setbacks that apply if a semi detached dwelling is constructed on the property. On- street townhouse dwellings may contain up to 6 dwelling units and are required to have larger setbacks to July 7, 2008 mitigate the impacts of their larger massing. The subject proposal contains only three (3) units and has the massing more typical of a semi detached dwelling. The proposed dwelling is no taller than a semi detached dwelling would be Therefore, it is appropriate to maintain the side yard setbacks applicable to a semi detached dwelling. The slight increase in lot coverage, from 40% of the lot area to 43 is minor in nature and will not have a noticeable effect on the size of the dwelling. The applicant proposes to provide a hammerhead turn around for each unit This requires an increase in the size of the driveway, from 3 metres (9 8 feet) per dwelling unit to 6 5 metres (21 feet). The driveway area would consist of about 67% of the front yard. These hammerheads allow vehicles to turn around and safely exit onto Montrose Road in a forward direction rather than backing out onto a busy street. To allow flexibility in designing driveways that satisfy the Region of Niagara, staff recommend that up to 75% of the front yard be permitted to consist of driveway area The parking requirements need to be reduced, from 1 4 spaces per dwelling unit (4 in total) to 1 space per dwelling unit (3 in total). The reduced standard reflects what is required for units in a semi detached dwelling This reduction is acceptable, as the design allows two spaces to be provided for each dwelling unit (one in the driveway, one in the garage) The configuration of the driveways will be part of the site plan review process to address Regional concerns. CONCLUSION: The proposed Zoning By -law amendment to permit a 3 -unit townhouse dwelling on the property can be supported for the following reasons it complies with the Official Plan with respect to density, compatibility with existing character and built form; the requested R3 zone for street townhouses is consistent with the form of development permitted under the R4 zone in close proximity, and the modifications to the zone regulations represent appropriate development standards for the proposed townhouse development. Recommended by. Approved by: Respectfully submitted ktuil Alex Herlovitc Director of Planning Development 3 PD- 2008 -63 Ed ujlovic! xecutive Director of Community Services A.Bryce:mb Attach. S \PDR120081PD- 2008 -63, 4415 Montrose Rd,3 unit on- street townhouse wpd MacDonald, Chief Admini-trative Officer Subject Land Location: 4415 Montrose Road Applicant: Salvatore and Michael Mannefla Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM- 2008 -018 June 2008 ;1 4 .1 slot SS 4 D 41— ■c>.±A- Sit Feei?eg'n', biug"•••A4mi-e 1L •,-4or .,14,0a_rize25 RECEIVED MAY 1 5 2003 PLANNING DEVELOPMENT Niagara Region PLANNING AND DEVELOPMENT June 18, 2008 Mr Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P 0 Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re AM- 2008 -018 Zoning By -Law Amendment Application To Permit a 3 Unit Townhouse Dwelling 4415 Montrose Road City of Niagara Falls Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O Box 1042 ThoroId, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905- 641 -5208 E -mail: plan @regional.niagara.on.ca File' D 10 M.11 23 RECETVEDl JUN 2 3 2008 PLANNING DEVELOPMENT Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The purpose of the amendment is to rezone the subject property from the Residential Single Family and Two Family zones to a site specific Residential Mixed zone The amendment will facilitate the development of a three unit townhouse dwelling on the property. The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban built area where appropriate levels of services and infrastructure exist. In addition, municipalities are encouraged to develop a diverse mix and range of housing types and densities, including affordable housing. The proposed development of the property represents intensification within the urban built area where existing infrastructure and services are available. The property will be developed at a higher density than what currently exists allowing for a more efficient use of existing urban serviced land and infrastructure. The development of three townhouse units should further enhance housing choice for residents with a variety of lifestyles and /or income groups While the proposal is generally consistent with Provincial and Regional land use policies for intensification, the property fronts onto Montrose Road, an arterial Regional Road, and there are some safety issues to consider The subject property was the original location of a single detached dwelling The Public Works department has advised that during the reconstruction of Regional Road 98 (Montrose Road) in 2004 a single driveway access was reconstructed for the property in anticipation of only a single detached residence being developed on this site. The proposed development shows 3 separate driveways in a span of approximately 80 -feet across a road section that has 4 lanes of traffic and opposite a business entrance It is the Region's policy to reduce the number of driveway accesses in order to reduce conflicts in traffic. Therefore, Regional staff requests that the number of driveways be reduced This could be accomplished through redesign of the proposal to provide for a common driveway access to the dwelling units or reducing the number of units (i e semi detached dwelling) with one combined driveway access into the property In addition, to preclude backing out onto the Regional roadway, construction of turnarounds on private property for each unit is recommended. Turnarounds are to be on the applicant's property. Regional staff is available to discuss alternative designs for driveway access further with the applicant. The applicant is advised that there is sufficient road allowance at this road section, therefore, any further road widening would not be requested. Regional Construction Encroachment and Entrance permits would be required prior to any construction taking place within the Regional road allowance. There shall be no connection to the Regional watermain along Montrose Road, nor should the line be disturbed during construction. Any watermain services to the proposed dwelling should utilize the existing water service lateral from the previous dwelling or connect to the local watermain Additional detailed Public Works comments will be provided at time of Site Plan Control. CONCLUSION In conclusion, Regional Development Services staff has no objections to the proposed Zoning Bylaw Amendment from a general land use perspective; however staff cannot support the proposed three driveway entrances along Montrose Road Therefore, we would request that the Zoning Bylaw Amendment application be deferred to provide an opportunity for Regional staff to discuss alternative designs for the driveway access with the applicant(s). Please send notice of the City's decision on this application. Yours truly, 1 Sue Mabee Planner SM\ Cc' Mr. William Stevens, Regional Public Works Z: \MSWORD \SM \NIAGARA FALLS\Zoning Bylaw Amendment\AM- 2008 -018 4415 Montrose.doc June 24, 2008 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 C JUN 2 6 2008 PLANNING DEVELOPMENT Attention Alex Herlovitch, Director of Planning Development Dear Mr Herlovitch. RE 4415 Montrose Road, (Roll 2725 0900 020 -6600) Zoning By -law Amendment Application City File: AM 2008 -0148 Michael Salvatore Mannella I live at 4513 Montrose Road and this is my notice of opposition to the proposed change in the zoning of the above noted property. I own property on Montrose Road and have concerns regarding the change this will have on the surrounding neighborhood I feel the present zoning is adequate and in keeping with the rest of this neighborhood the lot does not warranted an R3 residential mix. The proposed three (3) units on that property will not be able to accommodate proper parking access and this could lead to parking issues to the neighborhood as well as traffic problems on Montrose Road. Our property values could decline as these types of units tend to devalue the surrounding properties. Yours truly Mike Manojlovich 1 v City of Niagara Falls 4310 Queen St. Niagara Falls, Ont. L2E 6X5 Yours truly, Peter Damore 71 0? ,&;-,z,; 4 Q td 4 `I I I a 1, l WeLo‹-J RECEIVED JUN 2 3 20e3 PLANNING DEVELOPMENT Attention. Alex Herlovitch, Director of Planning Development Re. 4415 Montrose Road, (Roll 2725- 0900 020 -6600) Zoning By -law Amendment Apphcation City File. AM 2008 -0148 Michael Salvatore Mannella vt t Q.1 k C t zS June 23, 2008 Dear Sir I am witting this letter to express my opposition to the proposed change in the zoning of the above noted property I live at 4477 Montrose Road and have concerns regarding the effect this change will have on our neighbourhood. To begin, I feel the present zoning is adequate and in keeping with the rest of the neighbourhood. The lot noted above does not warrant an (R3) residential nux. In order to accommodate this mix "site specific provisions" as noted m your letter will be required. This will negatively impact on my neighbours and their properties as well as my own property In addition, I feel the proposed 3 units on that property will not be able to accommodate proper parking spaces This may lead to parking issues in the neighbourhood as well as traffic problems along Montrose Road. Thank you in advance for allowing me my input on this matter 23 June 2008 Mr. Alex Herlovitch Director of Planning Development City Hall 4310 Queen St. Niagara Falls, Ont. L2E 6X5 RE: 4415 Montrose Rd. Zoning by Law Amendment City File: AM2008 -018 Michael Salvatore Mannelia We are the homeowners at 4431 Montrose Rd. next to us is the subject lot (4415 Montrose) which has an application for rezoning to Residential Mix (R3) to permit the on street town house dwelling. We are opposed and not in conformity with the said request for rezoning due to the following reasons. 1) We would like to maintain the area as (R2) Residential Single Family. 2) If approved, we will find it very difficult to deal with six different families living next to us as neighbors. 3) Said property is not suited for (R3). A) Tenants will be cramped because there is not enough space for them. This was formerly (R2), but resold and now proposing for (R3). How can 6 families fit in a formerly single family dwelling area. B) Insufficient parking space, each family will normally have 2 cars each X 6 12 cars plus parking space for visitors that they will be having. Excess cars will park in Alpine or other side streets or in any private parking area. C) Not enough area for the tenant's children to play on. 4) Noise and disturbances that will come from these families. 5) Loss of privacy (possibility of nosey neighbors). 6) Unsafe- cars will be pulling irr.and out to Montrose Rd. (approximately 12 cars). Plus the children straying onto the streets while playing. Please consider these in your decision. Our area in now quiet, peaceful, pleasant, and very livable. We are afraid this will all change if the requested rezoning is approved. Thank you very much for your favourable decision on this matter. Very truly yours, ch e /ice HENRY U. DELMUNDO EVELYN DEL MUNDO .f 33 20‘ `tk 5l (—t/'I z- CleT p� GL /K1 k RECEIVED JUN 2 3 ag PLANNING A) v` DEVELOPMEtJT_ C June 23, 2008 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED JUN 2 3 2008 PLANNING Alex Herlovitch, Director of Planning Development Dear Mr Herlovitch: RE 4415 Montrose Road, (Roll 2725- 0900 -020 -6600) Zoning By -law Amendment Application City File AM 2008 -01 48 Michael Salvatore Mannella 1-zS V This letter will serve as my notice of opposition to the proposed change in the zoning of the above noted property. I own property on Montrose Road and have concerns regarding the change this will have on the surrounding neighborhood. I feel the present zoning is adequate and in keeping with the rest of this neighborhood the lot does not warranted an R3 residential mix. The proposed three (3) units on that property will not be able to accommodate proper parking access and this could lead to parking issues to the neighborhood as well as traffic problems on Montrose Road The former owner of the single dwelling property had to sell and have the Region of Niagara move his home to Woodbine Street because the lot was too small How will this lot now service a 3 unit complex? Yours truly Arfgelo Marino 9 c k :e_ 12L? cc 2L f (b;) `3gH 0; RECEIVED JUN 262008 PLANNING &D EVELOPMENT We have the same opinion as Henry del Mundo Evelyn del Mundo. Re- 4415 Montrose rezoning. We are not in favor of it to be (R3) (Six unit family dwelling) Alpine St. Niagara Falls, Ont. Norman Yan 7 Alpine St. Niagara Falls, Ont. L 2 F( 8 os 2-V Ls- d s- 8 r 7639 tq z-"/A/ QO 3q3 accx_ cAQA Lt Liz 90C 7659 Alp\ns2,, lam. Juno 9, 2008 CPS 2008 -06 Niagaraa11s Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members Re: CPS 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas RECOMMENDATION: That the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from reserve funds until development charge revenues have been received for these projects BACKGROUND: Questions Raised by Council on April 28, 2008 Under new business, at the April 28, 2008 Council meeting, questions were raised by Councillors regarding the two development projects located in the Garner south area The questions focused on staff's use of interim funding, development charge funding and the possible use of debenture funding for the projects. Council directed staff to bring back a report on the facts of the financing of the Garner Southwest and Grassy Brook Sanitary Service Areas projects History of Reports to Council Staff has prepared a chart of the reports relating to the Garner Southwest and Grassy Brook Sanitary Service Areas projects (attached). These reports show the date, report number, title, recommendation, contract amount and cumulative total for each project. All of the reports state that the funding for the projects would be received through Development Charges Working Together to Serve Our Community Corporate Services Department June 9, 2008 2 CPS 2008 -06 Explanation of Process for Interim Funding of Capital Projects The decision making authority of the Treasurer for the payment of accounts is found in the Municipal Act under Section 286 This section explains the main duties of the Treasurer The Treasurer manages the cash flow of the municipality and makes the best possible use of the available sources of cash for the payment of accounts, including capital projects The Treasurer has the responsibility to report to Council on the financial payments of the Municipality In addition, the Treasurer provides annual reports on Capital Projects, Reserve Funds, Financial Leases, and Long Term Debentures For a general description of the City's cash flows, please see the diagram (attached) entitled Cash Flow. This diagram shows the inflows of cash, the availability of cash in the City's bank account or from short term borrowing, and the out flows of cash It is important to note that the use of short term borrowing only occurs, as needed Each year the Treasurer brings forward the annual Borrowing By -law. This By -law provides for a source of short term borrowing, from the City's financial institution, if there were insufficient cash for operating expenditures, i e if the budget has not been approved or taxes have not been received The Borrowing By -law authority is found in Section 407 of the Municipal Act Section 405 of the Municipal Act allows the municipality to borrow in the short term for specific Capital Works Capital Works, referred to in this section, are large capital projects, whose required funding will be in the form of long term debt. This section requires Regional approval of the required long term debt before approving an S 405 Short Term Borrowing By -law. For example, the Region has approved the $29 5 million in long term debenture funding for the Bob Gale Complex. This project has already expended $4.8 million which the Treasurer has paid by using internal sources of cash The Treasurer has presented an S 405 Short Term Borrowing By -law for specific capital works, namely the construction of the four -pad arena complex. The By -law will provide sufficient short term borrowing, from the City's financial institution, for this specific capital project Legality of the Interim Borrowing By -law Council directed staff to prepare a report on the legality of the Interim Borrowing By -law and that the Ministry of Municipal Affairs and Housing be contacted. The City Solicitor is preparing this report (L- 2008 -15) Explanation of the Projects Inclusion in the 2004 Development Charges Background Study The Development Charges Background Study was prepared in 2003/2004 At that time, the Manager of Development was asked to prepare a list of development projects that may be constructed within the subsequent 2004 -2014 ten -year planning period to accommodate growth Considerable interest had been received from the Grand Niagara Resort developers in the Grassy Brook west area. There was a desire to extend sewers to facilitate their project which included the golf course, hotel and conference centre, timescale and condominium units The extension of sewers would require a pumping station and other �uiie y, LUU related infrastructure. Relying on knowledge of the Northwest Sanitary Sewer Service Area, the cost was estimated at $1.5 million for each of the Garner Southwest and Grassy Brook service areas, for a total of $3 million We now know these costs have escalated to $15 9 million When the 2004 Development Charges Study estimates were determined, it was based on the best information available at the time about the Garner South Service Area The City contracted Philip's Engineering Ltd in August 2004, to complete a Municipal Class Environmental Assessment and to determine how best to service this area The consultant advised that the deep sewer construction in tight clay soils would add significant costs Other issues that were not known previously included impacts from a high water table, having to directionally drill across a water course and the Welland River, and that the Region had implemented a new design criteria for pumping stations The consultants work (Associated Engineering (Ont.) Ltd. Garner Southwest, Philips Engineering Limited Grassy Brook) addressed significant issues due to the expansion of the sewer services. Funding Plan for the Projects 3 CPS 2008 -06 the Ministry of the Environment's order to Grand Niagara Resort permitting a temporary holding tank, the substandard private sewage system at E S. Fox, the expansion of Minacs that was limited by the Regional Health Unit the unavailable services for the Montrose Business Park, and a holding zone to be placed on the Heartland Forest Project. The reports for the Garner Southwest and Grassy Brook Sanitary Service Areas projects state that the funding would come from Development Charges These projects have already expended $11.2 million which the Treasurer has paid by using the City's reserve funds, as an interim source of funds. Also, the Treasurer is using Development Charge revenues to payback the interim use of the reserve funds To -date, $1.1 million has been paid back. No debenturing has been used for these projects Staff did not become aware of the fact that the Development Charges fund would be insufficient to fund all Development Charge eligible projects upon completion, until the Fall of 2007. At that time, debenturing was considered, as an option, and referenced in the Capital Budget detail sheets for the most expensive projects, as opposed to a number of smaller projects Explanation for including the Garner Southwest and Grassy Brook Sanitary Service Areas Projects in the 2009 Development Charges Background Study Staff has started the process of gathering the information for the 2009 Development Charges Background Study Since the two sanitary sewer projects were near completion, and since the areas would be developed in the future, staff requested Cam Watson, Watson and Associates Economists Ltd., to comment on the inclusion of these two projects in the 2009 Background Study Mr Watson confirmed that these projects would qualify for inclusion in the 2009 Development Charges Background Study. Mr. Watson stated that the projects would open those areas to future development and thus qualify in determining future Development Charge rates. The future Development Charge rates would also include any interim financing costs while the Development Charge revenues are collected to fund the projects June 9, 2008 Mr. Watson stressed the importance of explaining the large cost variance between the estimated project cost ($3 million) and the current cost ($15 9 million) The explanation must address the reasons for the increase, particularly in terms of the size, scope, and the benefitting area Conclusion The Garner Southwest and Grassy Brook Sanitary Service Areas projects were included in the 2004 Development Charges Background Study at an estimated cost of $3 million Due to significant issues that impacted the servicing of the areas, the actual cost is $15.9 million The projects are eligible for inclusion in the 2009 Development Charges Background Study Future Development Charges revenues will be used to pay for these projects Staff is already reviewing a number of administrative issues based on the concerns raised, including cash flow /management plans for each capital project, a front -end agreement policy and a development charge credit policy. Council also directed the preparation of an inventory of developed and serviced land which is forthcoming Finally, the Treasurer is responsible for the payment of accounts, managing the cash flows, and the short term use of borrowing The Treasurer has undertaken these responsibilities in accordance with applicable legislation and past practices. Staff recommends that the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from Reserve Funds until Development Charge revenues have been received for these projects The status of completion is as follows Grassy Brook Project is fully operational and was commissioned on May 14, 2008. Garner South Project (Brown Road) is nearing the completion of the wet well and yard piping and is awaiting installation of pumps, electronics and mechanical system. Commission is expected in July /August 2008 Recommended by Respectfully submitted 4 CPS 2008 -06 Ken Bu en, Exe c tive Director of Corporate Services MacDonald, Chief Administrative Officer Date to Council Report Amount Description Funding Source October 18, 2004 MW- 2004 -156 $59,960 00 Hiring Associated Engmeermg to complete Environmental Assessment Development Charges Reserve Fund December 5, 2005 MW- 2005 -145 $0 Environmental Assessment Approval Development Charges Reserve Fund October 16, 2006 MW- 2006 -119 $273,192.00 Consulting Service Agreement with Associated Engineering Development Charges Reserve Fund July 23, 2007 MW- 2007 -85 $35,490.00 Increase to Consulting Service Agreement with Associated Engineering 95% Development Charges, 5% Garner SW Sanitary Sewer Area Account October 15, 2007 MW- 2007 -123 $2,699,690 02 Gibbons Contracting Ltd. Hired Gravity Sewers and Watermains 95% Development Charges, 5% Capital November 26, 2007 MW- 2007 -129 $254,256 00 Associated Engmeermg engaged to provide inspection services for the construction. 95% Development Charges, 5% Capital November 26, 2007 MW- 2007 -130 $3,679,742.39 Gibbons Contracting Ltd. Hired Pumping Station and Forcemam 95% Development Charges, 5% Capital TOTAL $7,002,330.41 Garner Southwest Sanitary Service Area Chronology of Reports to Council CPS- 2008 -06 Date to Council Report Amount Descnption Funding Source August 16, 2004 MW -2004 -123 $57,093 00 Environmental Assessment engaging Philip's Engmeermg Ltd. Development Charges Reserve Fund. August 5, 2005 MW- 2005 -104 $0 Environmental Assessment Approval. Development Charges Reserve Fund. February 6, 2006 MW- 2006 -11 $262,543 00 Consulting Services Agreement Philip's Engineering Ltd. to prepare detailed engineering design. Development Charges Reserve Fund. April 3, 2006 MW- 2006 -38 $1,950,000 00 Amendment to Consulting Services Agreement with Philip's Engmeermg Ltd. to include geotechmcal services. Development Charges Reserve Fund. October 30, 2006 MW- 2006 -133 $195,000 00 Philip's Engmeermg Ltd. Hired Inspection services for Watermam Sanitary Sewer Construction. Development Charges Reserve Fund. December 11, 2006 MW- 2006 -142 $146,140 00 Earth Tech Hired to provide inspection services for the Pumping Station and Forcemam Project. Development Charges Reserve Fund. January 22, 2007 MW- 2007 -04 $884,610 00 Baiocco Construction for construction of Sanitary Sewer 95% Development Charges, 5% Capital January 22, 2007 MW- 2007 -05 $2,054,442.50 V Gibbons Contracting Ltd. for construction of Pump Station and Forcemam 95% Development Charges, 5% Capital February 5, 2007 MW- 2007 -06 $3,284,480 00 Baiocco Construction for construction of Sanitary Sewer 66.5% Development Charges, 33.5% Capital April 16, 2007 MW- 2007 -35 $30,000 00 Consulting Fee Amendment Philip's Engmeermg Ltd., to include design of services not anticipated at design stage. Development Charges Reserve Fund. TOTAL $8,864,308.50 Grassy Brook Sanitary Service Area Chronology of Reports to Council CPS 2008 -06 INFLOWS OF CASH 1. Taxes 2. User Fees 3. Grants 4. Debentures 5. Development Charges 6. Billings CASH FLOW Bank Account T1 Short Term Borrowing CPS 2008 -06 OUTFLOWS OF CASH 1 Payments to Vendors 2 Payments to Authorities 3. Payroll 4. Refunds, Rebates 5. Debt Treasurer 286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including, (a) collecting money payable to the municipality and issuing receipts for those payments; (b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality; (c) paying all debts of the municipality and other expenditures authonzed by the municipality; (d) maintaining accurate records and accounts of the financial affairs of the municipality; (e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests; (f) ensuring investments of the municipality are made in compliance with the regulations made under section 418. 2001, c. 25, s. 286 (1). Deputy treasurers (2) The municipality may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this and any other Act. 2001, c. 25, s. 286 (2). Not required to be an employee (3) A treasurer or deputy treasurer is not required to be an employee of the municipality. 2001, c. 25, s. 286 (3). Liability limited (4) The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the municipality unless the disposition of the money is expressly provided for under any Act. 2001, c 25, s. 286 (4). Delegation (5) The municipality may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes. 2002, c 17, Sched. A, s. 47. Continuation despite delegation (6) The treasurer may continue to exercise the delegated powers and duties, despite the delegation. 2002, c. 17, Sched. A, s. 47 Temporary borrowing for works 405. (1) A municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, (a) the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work; (b) the municipahty is a lower -tier municipality in a regional municipality and it has approved the work and the upper -tier municipality has approved the issue of debentures for the work; or (c) the municipality has approved the issue of debentures for another municipality or a school board under section 404. 2001, c. 25, s. 405 (1). Use of proceeds (2) The proceeds obtained under subsection (1) shall be applied to the approved work but the lender is not responsible for ensuring the proceeds are used in this manner. 2001, c. 25, s. 405 (2). Security (3) For the purposes of this section, a municipality that has approved the issue of debentures but not sold them may authorize another municipality or school board to use the debentures as security for temporary borrowing. 2001, c. 25, s. 405 (3). June 9, 2008 L- 2008 -15 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: L- 2008 -15 Borrowing for Capital Expenditures Our File No. 2008 -137 RECOMMENDATION: For the information of Council. BACKGROUND: Niagaraa CA N A D A On January 22, 2007, Council adopted the recommendation of Report MW- 2007 -04 and approved entering into the contract to construct the Grassy Brook West Area Sanitary Sewer. The Report provided that the source of funding was to be 5% from Capital Reserve and 95% from the Development Charges Reserve Fund The was a further Report on that day (MW- 2007 -05) recommending a contract be entered into for the construction of the Grassy Brook West Area Pumping Station and Force Main The Report provided that the source of funding was to be 5% from Capital Reserve and 95% from the Development Charges Reserve Fund. On November 26, 2007, Council adopted the recommendation of Report MW- 2007 -130 and approved entering into the contract to construct the Garner West Pumping Station and Force Main The Report provided that the funding for this project is broken down 5% from Capital and 95% from Development Charges There was a further Report on that day, MW- 2007 -129, recommending a contract be entered into for construction inspection services for the same project "to be funded in full from the Development Charges Reserve Fund" Further details concerning these projects can be found in Report CPS 2008 -06 As the subject projects proceeded, the City received goods and services and was billed for these goods and services Staff has paid these bills in a timely manner The funds used to pay these bills are drawn from the City's bank account. From time to time, a situation arises wherein the balance in the bank account is not sufficient to pay the bills that are due on that day At such timesthe City draws on a line of credit. Working Together to Serve Our Community Corporate Services Department Legal Services June 9, 2008 2 L- 2008 -15 The line of credit is authorized by By -law No. 2007 -268. By -law No. 2007 -268 is, in turn, authorized by Section 407 of the Municipal Act, 2001 (the "Act That section of the Act reads as follows. 1. 407. (1) At any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount council considers necessary to meet the current expenditures of the municipality for the year, including amounts required in the year for, (a) sinking and retirement funds; (b) principal and interest due on any debt of the municipality; (c) school purposes; (d) other purposes the municipality is required by law to provide for; and (e) the amount of principal and interest payable by a person or municipality primarily liable for a debt, if the municipality has guaranteed the debt and the debt is in default. 2001, c 25, s. 407 (1) Limit (2) Except with the approval of the Ontario Municipal Board, the total amount borrowed at any one time plus any outstanding amounts of principal borrowed and accrued interest shall not exceed, (a) from January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and (b) from October 1 to December 31 in the year, 25 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year. 2001, c. 25, s. 407 (2). Pending adoption of budget (3) Until the budget is adopted in a year, the limits upon borrowing under subsection (2) shall temporarily be calculated using the estimated revenues of the municipality set out in the budget adopted for the previous year. 2001, c. 25, s. 407 (3) Exclusion (4) In subsections (2) and (3), estimated revenues do not include revenues derivable or derived from, (a) any borrowing, including through any issue of debentures; (b) a surplus, including arrears of taxes, fees or charges; or (c) a transfer from the capital fund, reserve funds or reserves 2001, c 25, s 407 (4) June 9, 2008 3 L- 2008 -15 Lender not responsible (5) The lender is not responsible for establishing the necessity of temporary borrowing under this section or the manner in which the borrowing is used 2001, c 25, s. 407 (5). (6) Repealed 2006, c 32, Sched A, s 175 In the fall of 2007, the Finance Department conducted a review of the Development Charges account. This review was part of a new approach to cash flow management initiated by the Director of Finance Finance concluded from that review that the Development Charges account did not contain sufficient funds and was not anticipated to receive sufficient funds, to pay for all of the projects approved by Council that were intended to be funded by Development Charges in a timely manner, as accounts fell due It was resolved that the solution to the problem would be to recommend to Council that the long term financing of the subject projects be debentured Entries in the draft capital budget were revised to reflect this intention. In the meantime, the projects continued to be financed as described above Upon initial review of the draft capital budget, Council indicated to Staff that it does not want the subject projects to be debentured. Other means of financing them will be employed, as outlined in Report CPS 2008 -06 The City Solicitor has contacted the Ontario Ministry of Municipal Affairs and Housing, made inquires with other in -house municipal counsel and conducted legal research, and reports as follows The Issue: On these facts, did Staff have the authority to borrow funds to pay the bills arising from the Grassy Brook West Area Sanitary Sewer and the Garner West Pumping Station and Force Main. Legal Opinion Leaving aside the question on whether borrowing actually took place, the authority for borrowing funds to pay bills associated with the subject projects is By -law No 2008 -14. A Section 407 by -law is intended to pay the current expenditures of the municipality for the year. Those expenditures would include capital expenditures This interpretation is consistent with the stated purposes of the reforms of the law that culminated with the enactment of the Act, which purposes include the simplification of municipal finance and the recognition of greater autonomy for municipalities. It is also supported by Section 8 of the Act which requires that municipal powers be given the broadest possible interpretation. Concern has been expressed that a by -law passed pursuant to Section 405 of the Act would be required on the facts of this situation, however, in the opinion of the City Solicitor, a Section 405 by -law would not be required until Council had made a determination that the subject projects were going to be financed using debentures June 9, 2008 Section 405 of the Act relates to "temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures" As the issuing of debentures was never approved by Council, By -law No 2007 -268 was sound authority for paying the bills in question if any borrowing was required to do so Recommended by: Approved by Respectfully submitted. KB /sm 6 -44,(79„, Ken Beaman, City Solicitor 4 L- 2008 -15 K. E. Burden, Executive l lrec r of Corporate Services onald, Chief Administrative Officer CITY OF THOROLD Memorandum to: Peggy Boyle, Assistant Planner, City of Niagara Falls from: Heather Hulls Marrone, Clerk's Department subject: Federal Financial Tax incentives for Heritage Places: Background Information date: April 28, 2008 Attached please find a copy of the City of Thorold Resolution as well as background information, as provided by the Thorold LACAC Committee, with respect to the above noted subject. Hope this helps. Yours truly, Heather Hulls Marrone, AMCT Clerk -Steno II Attch. ec: S. Daniels, Deputy City Clerk From the desk of...Heather Hulls Marrone, Clerk's Department, Phone: 905- 227 -6613, ext. 224, Fax 905- 227 -5590 Corporation of the City of Thorold, 3540 Schmon Parkway, Thorold, Ontario 1.2V 4A7 Confidentiality Notice. This communication is Intended solely for the person or entity to which it was addressed and may contain confidential andlor privileged information. Any other use, dissemination, distribution, disclosure or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender immediately and destroy andlor delete the original communication. Thank you. Resolution re: Federal Financial Tax Incentives for Heritage Places 405 ADti. S7RFTOR WHEREAS, according to the Heritage Canada Foundation, Canada has lost more than 20% of its pre -1920 heritage buildings to demolition over the past 30 years; AND WHEREAS the Heritage Canada Foundation has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re -use them, and to acknowledge their value as a reminder of our origins and cultures, AND WHEREAS heritage structures are also a valuable economic development resource, supporting re- urbanization initiatives and tourism as well as providing environmental benefits by way of reducing landfill, preserving natural resources and promoting sustainability; AND WHEREAS there are currently no financial incentives to encourage private sector investment in the rehabilitation of historic properties. AND WHEREAS Heritage Thorold LACAC has requested the City of Thorold pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties. NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of Thorold requests the Federal Ministers of Finance and Canadian Heritage to establish financial tax incentives for the rehabilitation of heritage buildings which would encourage private sector investment in the rehabilitation of historic landmarks. AND FURTHER THAT this motion be forwarded to John Maloney, M.P., Welland Riding; Peter Kormos, M.P.P., Niagara Centre Riding; the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Regional Municipality of Niagara and area municipalities for their support. AM DA 1 =-e(O 6(of Mayor Council City of Thorold Box #1044 3540 Schmon Parkway Thorold, Ont. L2V 4A7 NHS January 10 2008. Re. Heritage Canada Foundation calls for Federal Incentives for Preservation Mayor D'Angela Members of Council rf i t{,:: CF 4 AGENDA m \s1o8 On December 7"', 2007, Mr. Chris Wiebe, Heritage Policy and Government Relations Officer appeared before the House of Commons Standing Committee on Finance during its pre- budget consultations and called for the creation of meaningful, broad -based tax incentives and other measures to help leverage private sector investment in the preservation of heritage properties. The recommendations included the introduction of a Federal Rehabilitation Tax Incentive for properties on the Canadian Register of Historic Places and the provision of seed money for a national heritage conservation endowment fund; the Foundation also urged that the Income Tax Act and GST be used to better accommodate the rehabilitation of historic buildings. Mr. Wiebe stressed that such measures would stem the tide of demolition; already 20% of Canada's pre 1920 heritage buildings have been demolished over the last 30 years. He stressed the need to reduce landfill and greenhouse gas emissions associated with new construction and these measures would also act as a catalyst for urban revitalization, leverage private sector investment and stimulate employment. He added that tax measures are already in place for ecologically- sensitive lands and cultural objects and that now is the time for the Federal government to create a comparable incentive program to encourage the protection and adaptive reuse of Canada's built heritage. Over the past two years provincial and territorial ministers responsible for culture and heritage, along with seven major cities, including Vancouver and Toronto, have passed resolutions requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties. In Tight of the above and the fact that there are presently no financial incentives in place for heritage property owners, we are requesting that the City of Thorold pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties. PJM. Pamela J.Minns CC. Adele A.Arbour Secretary. Yours very truly, Via Fax: 416 -326 -5555 Licensing Registration Alcohol Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 Toronto, ON M2N 0A4 Dear Sir\Madam: NiagaraFalls CAiNAD 1 June 26, 2008 Re: Application for a Sales License Former Roulette Club (To be known as "Prey Night Club 5890 Main Street Niagara Falls, ON (Indoor Outdoor) I am writing on behalf of the City of Niagara Falls Municipal Heritage Committee who wish to express opposition to the above application due to the heritage issues involved. The location of the proposed club is in an area of the City that has a heavy concentration of heritage resources and is in the heart of one of the most important heritage districts in the City. Although the Municipal Heritage Committee is supportive of redevelopment in the area which is sympathetic to its heritage resources, the proposed 450 person capacity night club described on the club's website (http: /www.preyniagara.com) would not fit with the vision for the area and would not be an appropriate use. PB:mb S•\ HISTORY \MunHeritageCommittee\AGC01tr rePreyNightClb.wpd Yours truly, Peggy Boy e Assistant Planner Niagara Falls,ON,,Canada 12E6X5 905.356.7521 wwwntagarafalls.ca- Working Together to Serve Our Community Community Services Department Planning Development Ext 4334 Fax 905- 356 -2354 pboyle @niagarafalts.ca July 7, 2008 F- 2008 -26 Niagaraa11s cne oA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: F- 2008 -26 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellations, reductions or refunds of taxes on the various accounts per attached summary be approved and granted to the property owners listed BACKGROUND: Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical -rror was made. Recommended by: Approved by: Respectfully submitted' Todd Hartison, Dir- tor of Finance K E.:urden, Executive Director of Corporate Services MacDonald, Chief Administra ive Officer Working Together to Serve Our Community Corporate Services Department Finance Appl. Name and Address of Applicant Taxation Year Reason for Application I Reduction Amount 2008 -1 Decembrini, Giuseppe, 8150 Brookside Dr, Niagara Falls, ON L2H 3M4 2008 Damaged by fire, demolition or otherwise $1,279 18 2008 -2 Yanaviriyajan, Phra, c/o Ratchadham Buddist Society Temple, 12520 -135 Ave NW, Edmonton, AB T5L 3X3 2008 Damaged by fire, demolition or otherwise $883 79 2008 -3 Yanaviriyajan, Phra, c/o Ratchadham Buddist Society Temple, 12520 -135 Ave NW, Edmonton, AB T5L 3X3 2008 Damaged by fire, demolition or otherwise $1,255 92 2008 -5 Vecchio, Vincenzo, 7105 York Dr, Niagara Falls, ON L2E 7A1 2008 Damaged by fire, demolition or otherwise $814 02 2008 -46 820872 Ontario Limited, 7050 Weston Road, Suite 106, Vaughan, ON L4L 8G7 2006 Damaged by fire, demolition or otherwise $5,762.80 2008 -47 820872 Ontario Limited, 7050 Weston Road, Suite 106, Vaughan, ON L4L 8G7 2007 Damaged by fire, demolition or otherwise $24,868 81 2008 -8 Marchio, Joseph Linda, 6375 Leeming St, Niagara Falls, ON L2G 1 K3 2008 Damaged by fire demolition or otherwise $62,02 2008 -9 Cowan, Herbert William, 5796 Byng Ave, Niagara Falls, ON L2G 5E2 2008 Damaged by fire demolition or otherwise $0 00 2008 -10 1438168 Ontario Limited, 198 St George St E, Fergus, ON N1M 1K3 2008 Razed by fire, demolition or otherwise $1 88 2008 -13 Mellor, Robert Allan Patricia Orlene, 5947 Symmes St, Niagara Falls, ON L2G 2G4 2008 Damaged by fire, demolition or otherwise $62.02 2008 -14 The Corporation of the City of Niagara Falls, 4310 Queen St, Niagara Falls, ON L2E 6X5 2008 Became exempt $2,232.73 2008 -15 1650720 Ontario Inc, 32 Souter Crt, Scarborough, ON M1 W 3X1 2008 Damaged by fire, demolition or otherwise $0.00 2008 -16 1650720 Ontario Inc 32 Souter Crt, Scarborough, ON M1 W 3X1 2008 Damaged by fire, demolition or otherwise $0 00 2008 -17 1650720 Ontario Inc, 32 Souter Crt, Scarborough, ON M1W 3X1 2008 Damaged by fire, demolition or otherwise $0.00 2008 -20 Brethern in Christ Church, c/o Fallsview Church, 7189 Drummond Rd, Niagara Falls, ON L2G 4P7 2008 Damaged by fire demolition or otherwise $1,224 91 2008 -218 Klein Building Company Limited, 6279 Huggins St, Niagara Falls, ON L2J 1H2 2007 Gross or manifest error $1,443 98 2008 -21 Klein Building Company Limited, 6279 Huggins St, Niagara Falls, ON L2J 1H2 2008 Gross or manifest error $0 00 2008 -22 Wedgewood Builders of Niagara Limited, 8053 Post Rd, Niagara Falls, ON L2H 2L2 2008 Gross or manifest error $77.53 2008 -23 Bewaw, David Mark Dorothea Mary, 7732 Trackview St, Niagara Falls, ON L2H 2V6 2008 Damaged by fire, demolition or otherwise $139 55 2008 -24 The Corporation of the City of Niagara Falls, ON L2E 6X5 2008 Became exempt $1,767 58 2008 -25 Williston, Stacey Brenda, 6115 Drummond Rd, Niagara Falls, ON L2G 4M3 2008 Damaged by fire, demolition or otherwise $697 73 2008 -26 Arseneault, Herbert Daniel, 6413 Delta Dr, Niagara Falls, ON L2H 2H6 2008 Damaged by fire, demolition or otherwise $992.33 2008 -27 Goforth Hanya Rebecca, 6411 Delta Dr, Niagara Falls, ON L2H 2H6 2008 Damaged by fire, demolition or otherwise $847 69 2008 -27 F Ingham Construction Co, 4790 Montrose Rd, Niagara Falls, ON L2H 1K5 2008 Damaged by fire, demolition or otherwise $160 15 2008 -28 Griffin, Diana Lowell, 318 Morton St, Thorold, ON L2V 4Z4 2008 Damaged by fire, demolition or otherwise $532.23 2008 -45 Futino, Joseph Philomena, 6916 Garner Rd, Niagara Falls, ON L2E 6S5 2008 Damaged by fire, demolition or otherwise $1,020 12 2008 -29 District School Board of Niagara, 191 Carlton St, St Catharines, ON L2R 7P4 2008 Became exempt $7,907.63 2008 -31 Falivena, Durda Frank, 5150 Dorchester Rd Unit 3, Niagara Falls, ON L3E 7H2 2008 Damaged by fire, demolition or otherwise $1,891 63 2007 -152 1314488 Ontario Limited, PO Box 688, Niagara Falls, ON L2E 6V5 2007 Mobile unit removed $72.28 2008 -32 1314488 Ontario Limited, PO Box 688, Niagara Falls, ON L2E 6V5 2008 Mobile unit removed $108.54 2008 -33 Ott, Michael Roy Wendy, 4048 Montcalm Cres, Niagara Falls, ON L2G 6L8 2008 Damaged by fire, demolition or otherwise $139 55 2008 -33C 1473821 Ontario Inc, 5627 Main St, Niagara Falls, ON L2G 5Z3 2008 Damaged by fire, demolition or otherwise $1,566 02 2008 -34 Kerrio, Vincent Anthony Cathy Joyce 12171 Niagara River Pky, Niagara Falls, ON L2E 6S6 2008 Damaged by fire, demolition or otherwise $2,099 37 2008 -35 Kerrio, Vincent Anthony Cathy Joyce, 12171 Niagara River Pky, Niagara Falls, ON L2E 6S6 2008 Damaged by fire, demolition or otherwise $1,186.07 2008 -36 1546952 Ontario Limited, 8921 Sodom Rd, Niagara Falls, ON L2E 6S6 2008 Gross or manifest clerical error $724 43 2008 -37 1662718 Ontario Inc, Atlus Derbyshire, 17075 Leslie St Unit 7, Newmarket, ON L3Y 8E1 2008 Damaged by fire, demolition or otherwise $1,108 82 2008 -38 Joudrey, Michelle Jeffery Wade, 5677 Reixinger Rd, Niagara Falls, ON L2E 6S6 2008 Damaged by fire, demolition or otherwise $0 00 2008 -39 Watchorn, William Henry Lorna Mae, 6165 Bossert Rd, RR 3, Port Robinson ON LOS 1 KO 2008 Damaged by fire, demolition or otherwise $517 45 2008 -42B Kerrio Corporation, c/o The Oaks Inn Fallsview, 6546 Fallsview Blvd, Niagara Falls, ON L2G 3W2 2006 Repairs /renovations preventing normal use for a period of 3 months $4,285 96 2008 -42 Kerrio Corporation, c/o The Oaks Inn Fallsview, 6546 Fallsview Blvd, Niagara Falls, ON L2G 3W2 2007 Repairs /renovations preventing normal use for a period of 3 months $13,538 02 2008 -43B Kerrio Corporation, c/o The Oaks Inn Fallsview, 6546 Fallsview Blvd, Niagara Falls, ON L2G 3W2 2006 Repairs /renovations preventing normal use for a period of 3 months $15,767.23 2008 -43 Kerrio Corporation, c/o The Oaks Inn Fallsview, 6546 Fallsview Blvd, Niagara Falls ON L2G 3W2 2007 Repairs /renovations preventing normal use for a period of 3 months $54,118 59 Total $152,288.56 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her /his records. Approved this 19th day of June, 2008 TED SALCI, MAYOR DEAN IORFIDA, CITY CLERK Page 1 Report No. F- 2008 -26 July 7, 2008 F- 2008 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by Respectfully submitted Niagaraalls c A N A o A Re: F- 2008 -27 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $7,473,307.10 forthe period May 22, 2008 to June 18, 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. Todd Harrison, Direct r of Financial Services Burden, Executive Director of Corporate Services O`— MacDonald, Chief Administrtive Officer Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1083246 ONTARIO LIMITED 1184436 ONTARIO LTD 1184485 ONTARIO INC 1198891 ONTARIO INC O/A PENINSULA CONSTRUCTION EXCJ 1238838 ONTARIO LIMITED 1254225 ONTARIO INC 1372744 ONTARIO LIMITED 1438168 ONTARIO LTD 151702 CANADA INC 1623565 ONTARIO LIMITED CIO AUBREY ZIDENBERG 165557 ONTARIO INC 1668823 ONTARIO LTD 1692695 ONTARIO LTD 1720679 ONTARIO LIMITED 2088937 ONTARIO INC 367359 ONTARIO LTD 396101 ONTARIO LIMITED 3C INTERNATIONAL C/O CLARKE SNOW RILEY LLP 3C INTERNATIONAL CIO CLARKE SNOW RILEY LLP 4TRIPLE5 5175 VICTORIA HOLDINGS INC 547554 ONTARIO LTD 550857 ONTARIO LTD 550857 ONTARIO LTD 603755 ONTARIO INC 886995 ONTARIO LTD 918958 ONTARIO INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUP 984265 ONTARIO LTD aka CIRCLE P PAVING A P R HOLDINGS INC RAMPCO HOLDINGS INC AA INTERNATIONAL CONSULTANTS ACCU LOCK AND SECURITY AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIKMAN,DOUG., REVEREND AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALEXANDER,DAVID ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALL PRO RENTALS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMCTO ANDERS,CHRIS ANGER,RONALD ANTONIO,CHUCK ANTONSEN,DAVID ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARGES TRAINING CONSULTING ARGES TRAINING CONSULTING ARTISTA DESIGN PRINT INC ASSOCIATED ENGINEERING (ONT) LTD BALINT,SUE BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BATES,SHAWN D Cheque No. Cheque Date Purpose 320254 29- May -2008 320269 04- Jun -2008 320270 04- Jun -2008 320271 04- Jun -2008 320817 18- Jun -2008 320272 04- Jun -2008 320273 04- Jun -2008 320274 04- Jun -2008 320268 04- Jun -2008 320275 04- Jun -2008 320276 04- Jun -2008 320277 04 -Jun -2008 320278 04- Jun -2008 320279 04- Jun -2008 320280 04 -Jun -2008 320281 04- Jun -2008 320282 04- Jun -2008 320283 04 -Jun -2008 320284 04- Jun -2008 320703 18- Jun -2008 320704 18- Jun -2008 320285 04- Jun -2008 320286 04- Jun -2008 320287 04- Jun -2008 320288 04- Jun -2008 320289 04- Jun -2008 320290 04- Jun -2008 320291 04- Jun -2008 320292 04- Jun -2008 320504 11- Jun -2008 320705 18- Jun -2008 320546 11- Jun -2008 320473 06- Jun -2008 320293 04- Jun -2008 320505 11- Jun -2008 320104 28- May -2008 320294 04- Jun -2008 320506 11- Jun -2008 320507 11- Jun -2008 320707 18- Jun -2008 320105 28- May -2008 320295 04- Jun -2008 320508 11- Jun -2008 320708 18- Jun -2008 320106 28- May -2008 320296 04- Jun -2008 320509 11 -Jun -2008 320510 11- Jun -2008 320107 28- May -2008 320511 11- Jun -2008 320297 04- Jun -2008 320512 11- Jun -2008 320709 18 -Jun -2008 320298 04- Jun -2008 320299 04- Jun -2008 320513 11- Jun -2008 320108 28- May -2008 320710 18- Jun -2008 320300 04 -Jun -2008 320109 28- May -2008 320301 04 -Jun -2008 320711 18- Jun -2008 320514 11- Jun -2008 320712 18- Jun -2008 320303 04- Jun -2008 320713 18- Jun -2008 320714 18- Jun -2008 320110 28- May -2008 320304 04- Jun -2008 320515 11- Jun -2008 320474 06- Jun -2008 320516 11- Jun -2008 320715 18- Jun -2008 CONTRACT SERVICES MCBAIN CE\ REFUND REFUND REFUND CONTRACT SERVICES BACKHOE RI REFUND REFUND REFUND TAX REBATE REFUND TAX REFUND REFUND REFUND TAX REBATE REFUND REFUND REFUND TAX REFUND REFUND REFUND TAX REBATE REFUND REFUND MATERIALS JANUARY 2008 TRANSA MATERIALS MATERIALS COMM. ARTS NETWORI REFUND REFUND REFUND REFUND REFUND REFUND REFUND TAX REBATE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT 2008 -04 ASPHALT PATCH REFUND MATERIALS MAINTENANCE/REPAIRS BROKERAGE FEES BROKERAGE FEES BROKERAGE FEES MATERIALS HONOURARIUM /NF FIRE SERVICES 0 MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS GRANT- RECREATION 08 CONTRACT -TS R/LONG H U RST CONTRACT- SIDEWALKS CONTRACT -4795 KALAR MATERIALS MATERIALS -FENCE RENTAL PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS TRAVEUMILEAGE MAY08 MATERIALS TRAVEUMILEAGE MAY08 MATERIALS STATION SUPPLIES STORES /INVENTORY STORES /INVENTORY STORES/INVENTORY BOOK 7 TRAINING -17 EMPLOYEES ADMINISTRATIVE TRAINING MATERIALS CONTRACT- GARNER SW SANITARY TUITION REFUND- FISHER/SEMARK -WATER Of REFUND WATER/DIZON MAY08 REFUND WATER PAYMENT REFUND CONTRACT -4 -PAD ARENA PROJECT MATERIALS Page 1 of 10 Amount 65.00 535 77 5,371.39 8,272.48 3,732.75 3,798.23 1,241.53 598.07 1,700.08 192.38 3,770.93 4,714.62 2,569.53 518.40 9,136.75 993.19 1,229 73 5,762.12 400.00 111.60 100.00 5,112.69 5,340 70 889.21 527.54 729.34 2,530.32 1,445.59 1,722.62 69.50 95.49 29,050.25 4,232.07 664 44 362.55 31.68 78.19 52.94 20.00 500.00 2,499.91 494.34 1,088.52 2,063.57 50.00 11,013.00 5,250.00 12,499.58 439.89 723.20 154.56 596.16 596.16 1,250.00 276.00 20.00 65.00 1,000.00 212.18 542.20 270.02 60.31 2,142.00 1,260.00 39.55 20,848.57 1,141.86 498.65 152.00 119.65 1,017.56 65,069.63 400.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BATTLEFIELD EQUIPMENT RENTALS BEAULIEU,JULIETTE BEHRING,ALEX BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BENISON INVESTMENTS LTD BENNETT,CATHARINE BENSON,MARTIN BERNARDO,ELVIRA BETTY'S RESTAURANT BIRD,LUCETTE BIRKS COMPANY THE BIRMINGHAM FIRE CONTROL BITNER,LAURIE BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOBOROS,PETER BOBOROS,TERRY BONIFERRO,JANA BOONE,GORDON BORDEN LADNER GERVAIS BOUCHARD,STEPHANIE BOUW,JOHN BOYLE,PEGGY BOYLE,PEGGY BRAND BLVD INC BRETHERICK,JAMES BRIANT,ROBERT BRINDA,ED BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BUCKHORN CANADA INC BUCKHORN CANADA INC BUNTIN REID BUNTIN REID BURDEN,KEN BURSE,PAMELA BUSY BEE CONVENIENCE BUTERA,ALDO BUTLER,DAVID C D W CANADA INC C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,DAVID CANADA CULVERT CANADIAN COMMERCIAL DEVELOPMENT CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIANA INN CANAL,L. CANAMED (STAMFORD) LTD CANAVAN,WENDY CANNON HYGIENE CANADA LTD CANNON HYGIENE CANADA LTD CARACCIOLO,CARMELO CARRICK,MARZENNA CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS Cheque No. 320111 320517 320113 320114 320115 320475 320518 320519 320717 320476 320520 320305 320718 320306 320521 320522 320719 320117 320204 320422 320656 320720 320523 320721 320118 320722 320723 320724 320524 320725 320525 320526 320527 320528 320307 320726 320119 320308 320120 320727 320309 320529 320310 320530 320728 320531 320311 320477 320532 320736 320558 320756 320312 320533 320729 320313 320122 320121 320314 320479 320316 320733 320125 320535 320534 320478 320731 320123 320315 320536 320126 320317 320734 320735 Cheque Date 28- May -2008 11- Jun -2008 28- May -2008 28- May -2008 28- May -2008 06- Jun -2008 11- Jun -2008 11- Jun -2008 18- Jun -2008 06- Jun -2008 11- Jun -2008 04- Jun -2008 18- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 18- Jun -2008 28- May -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 18- Jun -2008 28- May -2008 18- Jun -2008 18- Jun -2008 18- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 11- Jun -2008 11- Jun -2008 11- Jun -2008 04- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 28- May -2008 18- Jun -2008 04- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 04- Jun -2008 06- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 18- Jun -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 04- Jun -2008 28- May -2008 28- May -2008 04- Jun -2008 06- Jun -2008 04- Jun -2008 18- Jun -2008 28- May -2008 11- Jun -2008 11- Jun -2008 06- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 28- May -2008 04- Jun -2008 18- Jun -2008 18- Jun -2008 Purpose MATERIALS MATERIALS GRANT RECREATION MAY08 UTILITIES UTILITIES REFUND UTILITIES UTILITIES UTILITIES REFUND MATERIALS REIMBURSEMENT COURSE REFUND SELL -BACK CEMETERY PLO MATERIALS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS REIMBURSEMENT EPP 08 CONTRACT SERVICES CONTRACT HYDRO VAC RENTAL, W CONTRACT SERVICES 5921 ATLAS TUITION REIMB MATERIALS TRAVEUMILEAGE MAY08 TRAVEUMILEAGE APR/MAY08 CONTRACT SERVICES MATERIALS MATERIALS TRAVEUMILEAGE MAY29 /08 TUITION REIMB ADVERTISING MATERIALS MATERIALS MATERIALS CONTRACT SERVICES STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONSULTING SERVICES PEOPLE MO CONTRACT SERVICES /INN -BY -THE -F MATERIALS MATERIALS OFFICE SUPPLIES OFFICE SUPPLIES TUITION REIMB MATERIALS REFUND /BUS PASSES MAY08 REFUND MATERIALS COMPUTER CONTRACT SERVICES LEASES AND RENTS CONTRACT GPRS MAY08 MATERIALS MATERIALS MATERIALS MATERIALS SITE PLAN DEP RELEASE -6812 LUND CONTRACT SERVICES REFUND CONTRACT SERVICES MATERIALS MATERIALS REFUND RE: 5435 FERRY REFUND FOR CHARGES FROM ROT REFUND TRAVEUMILEAGE JAN -MAY 08 CONTRACT SERVICES MATERIALS MATERIALS TRAVEUMILEAGE APRO8 TRAVEUMILEAGE -CITE CONFERENC MATERIALS LEASES AND RENTS Page 2 of 10 Amount 1,761 03 20.00 50 00 8,406.32 17.33 3,686.08 188.45 169 79 113.00 5,071 73 20.00 100.00 945 00 300 00 20.00 762.75 22.83 300.00 525.00 1,102.50 1,181.25 147 70 20.00 118.00 125.00 239.69 70 00 60.00 260.50 620.00 1,036 46 20.00 20.00 149.99 1,238.97 594.02 230.00 202.04 1,663.73 370.94 5,734.21 49.30 601.36 1,653.74 1,551.52 20.00 323.40 2,324 76 20.00 1,518.39 3,403.97 7,309.61 915.30 2,050.62 1,644 15 135.21 3,706.80 20,000.00 403.73 1,570 47 975.48 1,015.88 355.47 750.00 90.98 1,830.78 262.60 264.60 264 42 20.00 260.50 120.00 171 41 744.67 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CERTI ENVIRONMENTAL CONSULTANTS CERTIFIED MANAGEMENT ACCOUNTANTS OF ONTARIO CH2M HILL CANADA LTD CHANG,ALBERT& CHANG, JENNY CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHATELAIN,WILLIAM CHIARELLA,DOMENIC CHRISTENSEN,TRACI CHU,KWOK YIU CHU,PHONG& WU, Q1 MING CIBC ELECTRONIC BANKING OPERATIONS CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF ST CATHARINES CLAYDON,JEFF CLENDENNIN,ROBERT CLIFTON HILL BIA CMV SAFETY CONSULTING INC CNM INC GOBI CONCRETE SAWING GOBI CONCRETE SAWING COCKTAILS CATERING CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE, DOUGLAS COLLEE,JEFF COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPASS FLOORING LTD CONTINENTAL TIRE CANADA INC CORIX WATER PRODUCTS (EAST) INC COTTON INC COWAN,HEIDI CRAMARO TARPAULIN SYSTEMS CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CROMBIE LEASEHOLDS LTD CUMMINS ALLISON ULC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYTEC CANADA LTD D J PENWARDEN APPRAISALS D'AGOSTINO,ANGELA DALKE,DORIS DALTON,LINDA DANYAAL ENTERPRISES LTD DARNAY,KELSEY DARNAY,KENDALL DAVIES,JOHN DAWDY,LLOYD DEEP STEAM DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DENCO ENGINEERING LTD Cheque No. Cheque Date 320127 28- May -2008 320318 04- Jun -2008 320538 11- Jun -2008 320737 18- Jun -2008 320319 04- Jun -2008 320738 18- Jun -2008 320539 11 -Jun -2008 320739 18- Jun -2008 320740 18- Jun -2008 320480 06 -Jun -2008 320540 11- Jun -2008 320541 11- Jun -2008 320128 28- May -2008 320320 04- Jun -2008 320542 11- Jun -2008 320741 18- Jun -2008 320742 18- Jun -2008 320481 06- Jun -2008 320543 11- Jun -2008 320482 06- Jun -2008 320483 06- Jun -2008 320544 11- Jun -2008 320545 11- Jun -2008 320547 11- Jun -2008 320743 18 -Jun -2008 320744 18- Jun -2008 320321 04- Jun -2008 320746 18- Jun -2008 320549 11- Jun -2008 320550 11- Jun -2008 320747 18- Jun -2008 320484 06- Jun -2008 320322 04- Jun -2008 320748 18- Jun -2008 320323 04- Jun -2008 320551 11- Jun -2008 320552 11- Jun -2008 320749 18- Jun -2008 US draft 16- Jun -2008 320324 04- Jun -2008 320325 04- Jun -2008 320553 11- Jun -2008 320750 18- Jun -2008 320751 18- Jun -2008 320752 18- Jun -2008 320554 11- Jun -2008 320753 18- Jun -2008 320754 18- Jun -2008 320755 18- Jun -2008 320130 28- May -2008 320326 04- Jun -2008 320556 11- Jun -2008 320557 11- Jun -2008 320485 06- Jun -2008 320327 04- Jun -2008 320245 28- May -2008 320328 04- Jun -2008 320559 11- Jun -2008 320757 18- Jun -2008 320486 06- Jun -2008 320334 04- Jun -2008 320487 06- Jun -2008 320560 11- Jun -2008 320129 28- May -2008 320488 06- Jun -2008 320132 28- May -2008 320131 28- May -2008 320561 11- Jun -2008 320562 11- Jun -2008 320758 18- Jun -2008 320133 28- May -2008 320759 18- Jun -2008 320134 28- May -2008 320330 04- Jun -2008 Purpose STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS CONTRACT SERVICES LIFEWORKS h CONTRACT SERVICES CONSULTING SERVICES REMITTANCE- MEMBER DUES 08/09 CONSULTING -PCP UPDATE PROJEC REFUND MATERIALS MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS REFUND MATERIALS REFUND REFUND REFUND WATER PAYMENT MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS COURSE TRAVEUMILEAGE MAY08 MATERIALS 1ST INSTALLMENT -BIA LEVY 08 ADMINISTRATIVE TRAINING REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE/REPAIRS UTILITIES UTILITIES REFUND HAZMAT COURSE REIMBURSEMENT LEGISLATION 101 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TUITION REIMB MAINTENANCE/REPAIRS CONTRACT BARTON, K CONTRACT GLAZEWSKI E CONTRACT -KON, F CONTRACT SERVICES REFUND MAINTENANCE/REPAIRS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND CONTRACT SERVICES RE:8240 MCI REFUND MATERIALS MATERIALS REFUND GRANT RECREATION COMMITTEE t GRANT RECREATION MAY08 MATERIALS MATERIALS MAINTENANCE/REPAIRS-PPL MOVEF CONSULTING McLEOD RD CONSULTING -TRSPT MODEL DEVEL COMPUTER MATERIALS Page 3 of 10 Amount 133.64 690 47 291.21 1,372.08 1,644.30 1,233 75 5,643.75 777.00 7,501.38 854.31 20.00 20.00 95 16 1,466.74 494.80 393.01 1,500.00 1,831.37 744.00 368.86 1,831.95 185.76 2,825.00 2,232.32 2,288.25 1,000.05 800.00 131.00 20.00 12,500.00 1,260.00 11,336.85 1,057.88 504.00 777.60 952.30 561.35 602.08 58.19 100.00 1,975.68 4,602.61 19,856.55 1,193.12 5,853.20 1,977.50 2,986.59 424.65 61.01 125.00 70.00 3,285.00 1,575.00 2,128.59 446.35 3,771 14 3,953.20 3,992.04 3,969.87 11,362.70 8,392.12 438.33 20.00 150.00 806.08 70.00 70.00 10.00 20.00 271.53 16,800.00 27,193.16 3,335.76 2,595.24 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DEROSA,CHRIS DEROSA,CHRIS DEROSE BROS GENERAL CONTRACTING LIMITED DEROSE BROS GENERAL CONTRACTING LIMITED DESNA APARTMENTS LTD DEURLOO,JOAN DICKSON,B DILSE,PAUL DIPARDO,LIBERATO DIPIETRO,SAL& TARTAGLIA, CARMEN DIPIETRO,SALVATORE& DIPIETRO, MARY DIRECT EQUIPMENT LTD DIXON BAYCO LIMITED DOMINION PAVING CO DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DREN,KARL DUNN AND DRUMMOND INCORPORATED DUE NORTH CONSULTING DYNAMIC ONLINE MARKETING CORP EARLSCOURT LEGAL PRESS INC EARTHDANCE LANDSCAPING INC EASTLAND,MARI -LYNNE EDWARDS,WAYNE ELLIS,TAYLOR ELLIS ENGINEERING INC EMERALD EMPIRE LIFE INSURANCE COMPANY THE EMRN ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENTERPRISE RENT A CAR EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUITY HOMES NIAGARA INC EVANOFF,VICTOR EVANS,ANDREW EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FABBRO,TERESA FAFARD ET FRERES LTEE FAIELLA,EILEEN FALLS ELECTRIC INC FALLS ELECTRIC INC FAST,DAVID JOHN FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FERRANTE,PRISCILLA FIEDOREK,BARBARA FIEDOREK,STANISLAW FINUCCI,ANGELA FIRE GROUP FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORIO,MIRELLA FLOW KLEEN TECHNOLOGY LTD FLOWMETRIX TECHNICAL SERVICES INC FORLIN,KATHY FOY,JAKE Cheque No. Cheque Date 320257 03- Jun -2008 320258 03- Jun -2008 320331 04- Jun -2008 320760 18- Jun -2008 320489 06- Jun -2008 320563 11- Jun -2008 320135 28- May -2008 320136 28- May -2008 320332 04- Jun -2008 320491 06- Jun -2008 320490 06- Jun -2008 320333 04- Jun -2008 320761 18- Jun -2008 320762 18- Jun -2008 320472 05- Jun -2008 320137 28- May -2008 320335 04- Jun -2008 320763 18- Jun -2008 320564 11- Jun -2008 320336 04- Jun -2008 320492 06- Jun -2008 US draft 28- May -2008 320764 18- Jun -2008 320138 28- May -2008 320338 04- Jun -2008 320339 04- Jun -2008 320565 11- Jun -2008 320140 28- May -2008 320139 28- May -2008 320765 18- Jun -2008 320566 11- Jun -2008 320766 18- Jun -2008 320141 28- May -2008 320342 04- Jun -2008 320567 11- Jun -2008 320767 18- Jun -2008 320142 28- May -2008 320768 18- Jun -2008 320143 28- May -2008 320343 04- Jun -2008 320568 11- Jun -2008 320569 11- Jun -2008 320570 11- Jun -2008 320344 04- Jun -2008 320345 04- Jun -2008 320571 11- Jun -2008 320346 04- Jun -2008 320572 11- Jun -2008 320769 18- Jun -2008 320770 18- Jun -2008 320347 04- Jun -2008 320573 11 -Jun -2008 320348 04- Jun -2008 320771 18- Jun -2008 320493 06- Jun -2008 320772 18- Jun -2008 320349 04- Jun -2008 320574 11- Jun -2008 320494 06- Jun -2008 320495 06- Jun -2008 320496 06- Jun -2008 320575 11- Jun -2008 320350 04- Jun -2008 320351 04- Jun -2008 320773 18- Jun -2008 320352 04- Jun -2008 320497 06- Jun -2008 320576 11- Jun -2008 320774 18- Jun -2008 320498 06- Jun -2008 320775 18- Jun -2008 320353 04- Jun -2008 320577 11- Jun -2008 320259 03- Jun -2008 Purpose MATERIALS MYAC -BEST CINEMATOGRAPHY 08 CONTRACT GRASSY BR W /MAIN COP MATERIALS REFUND MATERIALS TUITION REIMBURSEMENT MATERIALS -ALL SAINTS ANGLICAN C MATERIALS SAFETY SHOES REFUND REFUND MATERIALS MATERIALS CONTRACT GRADING PARK LOT TR BIA LEVY 1ST 2008 INSTALLMENT MATERIALS CONTRACT SERVICES- KIP6024STFM MATERIALS MATERIALS TRAVEL/MILEAGE APR/MAY08 REFUND ADVERTISING ADVERTISING MATERIALS CONTRACT FLOWER/SHRUB MAINTE ADVERTISING MATERIALS GRANT RECREATION COMMITTEE P CONSULTING WEIGHTMANS BRIDGE CONTRACT -METER 4911 MAPLE REMITTANCE MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES CONSULTING NF COMM CTR PARK REFUND DUPLICATE PAYT C0045874 RENTAL SWEEPER MAINTENANCE/REPAIRS CONTRACT SERVICES REFUND BUILDING PERMIT -6337 MOI MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT- 5450 KITCHENER CONTRACT -4116 MUIR CONTRACT -3457 CATTELL REFUND EPPI JUN 08 MATERIALS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS REFUND MATERIALS COURIER MATERIALS REFUND REFUND REFUND MAINTENANCE/REPAIRS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS STORES /INVENTORY REFUND STORES /INVENTORY STORES /INVENTORY REFUND CONTRACT SERVICES MATERIALS TRAVEUMILEAGE MAY08 MYAC FILM FEST 08 Page 4 of 10 Amount 75.00 75.00 5,250.00 1,575.00 8,875 75 20 00 340.00 5,161 44 150 00 757.83 458.94 6,582.25 259.90 787.50 45,000.00 98.88 435.93 45.17 180.80 132.00 2,098.40 250.00 452.00 94 45 6,513.01 304.50 20.00 70 00 1,876.88 551.25 28,738.75 48.30 539.46 166.03 16,325.78 (488.94) 5,916.75 40.00 9,492.00 361.60 39,233.60 750.00 20.00 90.39 882.53 155.94 416.85 661.50 499.80 300.00 4,160.73 20.00 1,097.35 4,144.35 385.30 2,189.94 21.20 20.00 1,181.66 456.91 243.79 1,356.59 698.25 720.52 1,201 49 3,180.17 777 47 1,352.22 334 76 87.54 15,645.21 4,348.24 108.50 75.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FOY,JAKE FRETZ,LINDA FYFE,ALAN G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GAULEY,ROBERT (DAN) GERRIE ELECTRIC WHOLESALE LTD GIORNO,ANTHONY GIROUX,MARC GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLEN,DERRICK GLEN,DERRICK GLEN,DERRICK GLOBALSTAR CANADA SATELLITE CO GN GLOBAL INVESTMENTS LTD GOFORTH,HANYA GOODLIFE FITNESS CLUBS GORDO N -FAB IANO,SUSAN N E GRAHAM,AMY ESTHER GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAKES ST LAWRENCE CITIES INITIATIVE GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GRIEF BROS CAN INC GRIFFITHS,DAVID GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY HAJMASY,MIKE HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HARRIGAN,JENNIFER HARRIMAN JOHN M -R ASSESSMENT CONSULTANT HARRISON,TODD HEART NIAGARA INC HENLER INVEST LTD BELMER INVESTMENTS LTD HERBERT,DICK& HERBERT, MARGARET HERLOVITCH,ALEX HERTZ EQUIPMENT RENTAL HEYWOOD,DAVID HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HODAN INVESTMENT CORPORATION HOLMAN,GEOFF HR SYSTEMS STRATEGIES INC HUNT,BRIAN HUSSEY,SHIRLEY HUYNH,KIMBERLEY L HY GRADE PRECAST CONCRETE IBI GROUP ICECO ADVANCED ARENA PRODUCTS INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA INTERNATIONAL BINDING LAMINATING SYSTEMS INC J &B J W IVES ENTERPRISES JACKSON,DAVE JACKSON,GILBERT Cheque No. Cheque Date 320260 03- Jun -2008 320578 11- Jun -2008 320579 11- Jun -2008 320779 18- Jun -2008 320776 18- Jun -2008 320145 28 -May -2008 320777 18- Jun -2008 320778 18- Jun -2008 320147 28- May -2008 320354 04- Jun -2008 320580 11- Jun -2008 320780 18- Jun -2008 320261 03 -Jun -2008 320262 03- Jun -2008 320263 03- Jun -2008 320581 11- Jun -2008 320503 06- Jun -2008 320582 11- Jun -2008 320781 18- Jun -2008 320782 18- Jun -2008 320148 28- May -2008 320149 28- May -2008 320355 04- Jun -2008 320583 11- Jun -2008 320783 18- Jun -2008 320356 04- Jun -2008 320246 28- May -2008 320499 06- Jun -2008 320584 11- Jun -2008 320150 28- May -2008 320357 04- Jun -2008 320585 11- Jun -2008 320784 18- Jun -2008 320151 28- May -2008 320358 04- Jun -2008 320586 11- Jun -2008 320785 18- Jun -2008 320359 04- Jun -2008 320587 11- Jun -2008 320786 18- Jun -2008 320588 11- Jun -2008 320589 11- Jun -2008 320590 11- Jun -2008 320787 18- Jun -2008 320152 28- May -2008 320788 18- Jun -2008 320789 18- Jun -2008 320154 28- May -2008 320155 28- May -2008 320790 18- Jun -2008 320360 04- Jun -2008 320500 06- Jun -2008 320501 06- Jun -2008 320591 11- Jun -2008 320156 28- May -2008 320157 28- May -2008 320791 18 -Jun -2008 320158 28- May -2008 320502 06- Jun -2008 320361 04- Jun -2008 320792 18- Jun -2008 320592 11- Jun -2008 320593 11- Jun -2008 320264 03- Jun -2008 320160 28- May -2008 320362 04- Jun -2008 320363 04- Jun -2008 320594 11- Jun -2008 320595 11- Jun -2008 320162 28- May -2008 320596 11- Jun -2008 320365 04 -Jun -2008 320597 11- Jun -2008 320598 11- Jun -2008 Purpose MYAC -FILM FEST 08 MATERIALS REFUND RE. 8571 FORESTVIEW MATERIALS FUEL MATERIALS TRAVEL/MILEAGE MAY08 MATERIALS REFUND -RE PARKING OVERPAYMEN REIMB /COURSES 07/08 MATERIALS MATERIALS MYAC -FILM FEST 08 MYAC -FILM FEST 08 MYAC -FILM FEST 08 UTILITIES REFUND TRAVEUMILEAGE MAY08 REMITTANCE -CORP MEMBERSHIP DEPOSIT REFUND RE 4145 KALAR REFUND SERVICE DEPOSIT -6270 CAI MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP RENEWAU2008 PAYROLL REMITTANCE REFUND MATERIALS CONTRACT SERVICES DEERFIELD CONTRACT /MATERIALS VICTORIA/CL CONTRACT-VICTORIA/CLIFTON CONTRACT- 05 >08 STREETLIGHTING STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY OFFICE SUPPLIES STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS TOPSOIL GRANT RECREATION COMMITTEE CONTRACT SERVICES TUITION REIMB LEASES AND RENTS -RE. 6453 MORRI REFUND REFUND TRAVEUMILEAGE MAY08 MATERIALS MATERIALS PHYSICAN RECRUITMEN CONTRACT SERVICES LEASES AND RENTS REFUND TRAVEUMILEAGE MAY08 MATERIALS MATERIALS MATERIALS MYAC -FILM FEST 08 MATERIALS CONSULTING TRANSIT PLAN /RIDER MAINTENANCE/REPAIRS MATERIALS SAFETY SHOES WAYNE MATERIALS -COLD MIX MATERIALS MATERIALS STORES /INVENTORY TRAVEUMILEAGE APRO8 MATERIALS Page 5 of 10 Amount 75.00 20.00 750.00 11772 222.72 757 10 37 00 575.06 5 00 1,400.00 6,849 70 625.26 75.00 75.00 75.00 126 45 3,746.25 103.00 294.93 750.00 750.00 452.57 147 88 415.90 221 48 5,000 00 48.00 379.40 20.00 1,816.98 4,261.22 11,451.88 41,226.50 3,900 78 1,296.50 1,075 59 760.57 3,935.23 490 13 2,458.87 20.00 20.00 20.00 750 00 954.85 3,051 00 28.25 70.00 3,675.00 985.41 6,441 06 3,168.53 165.63 201.50 1,242.65 1,000 00 7,088.03 3,254.87 254 08 83.00 2,910.75 20.00 10.00 75.00 3,983.25 21,097 90 2,804.10 172.88 3,901.24 911.93 52.50 2,248.38 176.00 20.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JACKSON,JEFFREY JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAYCO PRODUCTIONS JONES,BARBARA GLORY JONES,CATHY JUDSON,PATRICIA KAGAN SHASTRI BARRISTERS SOLICITORS IN TRUST KAPLE,JEROME KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KILBY,KYLE F KIRKHAM,LAURA KIRKPATRICK O'BRINE LTD KNOWLTON PASS ELECTRONICS INC KRAFT CANADA INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KUCHYT,TOM KWIK MIX MATERIALS LIMITED L ST AMAND ENTERPRISES LANGLOIS,PAUL LATOPLAST LTD LAURO,VINCENT LEMAY,GERALD LEXISNEXIS QUICKLAW LIGHT ASSOCIATES LTD MANAGEMENT CONSULTANTS LINCOLN APPLIANCE SERVICE CENTRE INC LIVE ON REQUEST TECHNOLOGY SERVICES INC LUEY,CATHERINE LUEY,CATHERINE LUNDY'S LANE BIA LUNDY'S LANE PORTFOLIO INC LYMBURNER, ROBERT M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M T B TRUCK BUS COLLISION MACKENZIE,DYLAN MALLETT,TAYLOR MAR -CO CLAY PRODUCTS INC MARINE CLEAN LTD MARTENS,TOM MATSON,BILL MATTHEW DANIELE MEMORIAL FUND MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,BRAD MAVES,DIANE MCCONNELL,LUCILLE MCNAMARA,SUSAN MEGA -LAB MANUFACTURING CO LTD MEMON,AMANULLAH MERIDIAN PLANNING CONSULTANTS INC MHPM PROJECT MANAGERS INC MICHITSCH,JANET MICIELI,TONY MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL Cheque No. Cheque Date 320599 11- Jun -2008 320600 11- Jun -2008 320794 18- Jun -2008 320163 28- May -2008 320364 04- Jun -2008 320601 11- Jun -2008 320602 11- Jun -2008 320164 28- May -2008 320603 11- Jun -2008 320165 28- May -2008 320795 18- Jun -2008 320166 28- May -2008 320366 04- Jun -2008 320167 28- May -2008 320367 04- Jun -2008 320265 03- Jun -2008 320368 04- Jun -2008 320369 04- Jun -2008 320370 04- Jun -2008 320168 28- May -2008 320604 11- Jun -2008 320605 11- Jun -2008 320372 04- Jun -2008 320796 18- Jun -2008 320800 18- Jun -2008 320373 04 -Jun -2008 320374 04- Jun -2008 320606 11- Jun -2008 320607 11- Jun -2008 320169 28- May -2008 320798 18- Jun -2008 320609 11- Jun -2008 320171 28- May -2008 320610 11- Jun -2008 320801 18- Jun -2008 320611 11- Jun -2008 320378 04- Jun -2008 US draft 05- Jun -2008 320387 04- Jun -2008 320624 11- Jun -2008 320623 11- Jun -2008 320392 04- Jun -2008 320266 03- Jun -2008 320173 28- May -2008 320174 28- May -2008 320802 18- Jun -2008 320612 11- Jun -2008 320253 29- May -2008 320613 11- Jun -2008 320614 11- Jun -2008 320803 18- Jun -2008 320379 04- Jun -2008 320615 11- Jun -2008 320616 11- Jun -2008 320617 11- Jun -2008 320380 04- Jun -2008 320618 11- Jun -2008 320177 28- May -2008 320619 11- Jun -2008 320805 18- Jun -2008 320178 28- May -2008 320381 04- Jun -2008 320247 28- May-2008 320382 04- Jun -2008 320384 04- Jun -2008 320385 04- Jun -2008 320386 04- Jun -2008 320620 11- Jun -2008 320622 11- Jun -2008 320806 18- Jun -2008 320808 18 -Jun -2008 320248 28- May -2008 320383 04- Jun -2008 320621 11- Jun -2008 Purpose TRAVEUMILEAGE CONSULTING 4 -PAD MAINTENANCE/REPAIRS MATERIALS REFUND -BLDG PERMIT -6387 CAROL) REIMBURSEMENT EPP MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SANDING MP CONTRACT SERVICES SANDING AD CONTRACT SERVICES KALAR RD SI REFUND REFUND FOR OVERPAYME MYAC FILM FEST 08 REFUND TAX REFUND MATERIALS PAGERS FOR FIRE MATERIALS STEAM CONTRACT SERVICES CONTRACT SERVICES NEW DOOR I MATERIALS TRAVEUMILEAGE MATERIALS CONTRACT SERVICES HAULING ST MATERIALS BOUNCER RENTED FOF STORES /INVENTORY TRAVEUMILEAGE MATERIALS CONTRACT SERVICES CONSULTING SERVICES MEDIATIOt CONTRACT SERVICES MATERIALS SHOW PRODUCTION SI TRAVEUMILEAGE ADMINISTRATIVE ADMINISTRATIVE FIRST INSTALLME REFUND REFUND CONFERENCE EXPENSE MATERIALS GEAR BAG FIRE DEPT MATERIALS BUNKER SUITS FOR FIF CONTRACT SERVICES ANSWERING CONTRACT SERVICES BUS MODIFI( MYAC FILM FEST 08 GRANT COMPETITION GRANT /ELITE CONTRACT SERVICES BUILDING P1 MATERIALS MATERIALS TRAVEUMILEAGE ADMINISTRATIVE COUNCILLOR IOA CONSULTING SERVICES CORNER CONTRACT SERVICES CONVENTIOI REFUND EMPLOYEE PURCHASE PL TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS TRAVEL/MILEAGE CONSULTING SERVICES NIAGARA F CONTRACT SERVICES CONVENTIOI MATERIALS TRAVEUMILEAGE EDUCATION TRAVEUMILEAGE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PST APRIL AND MAY 08 PAYROLL REMITTANCE ADMINISTRATIVE MOE FEE PAYROLL REMITTANCE REFUND MARRIAGE LICENSES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE Page 6 of 10 Amount 200.00 798.70 220.50 375 00 750 00 300 00 20.00 913.50 20 00 7,549.59 23,789.66 6,898.50 1,942.50 6,673.96 5.00 75.00 1,274 72 11,096.62 13,491.99 2,469.60 5,670.00 20.00 262.00 1,579.47 1,195.42 100.00 124.31 93.50 20.00 265.65 7,962.23 106.22 1,207.50 40.50 16013 69,004.50 12,125.74 22.00 771.84 21,268.92 710.12 53,522.66 75.00 70.00 3,059 70 4,733.65 20.00 67.50 80.00 683.50 14,843.01 300.00 80.00 74.00 80.00 580.34 77 45 2,796.41 26,928.51 140.00 125.00 292.50 131.64 149.15 63,828.16 4,266.86 662.25 127.29 2,200.00 131 75 19,200.00 1,574.88 1,675.28 1,625.08 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTAGUE,ROSE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MORSE SON LIMITED MORTON,DALE MOSS,HIRRELL MUNICIPAL FINANCE OFFICERS ASSOC OF ONT MUNICIPAL HEALTH SAFETY ASSOCIATION MURAWSKI,CHESTER MURRAY,LAWRENCE MUSSARI,TOM N Y STYLE DELI NAZZAL ENTERPRISES INC NEW WAY MARKET (NIAGARA FALLS) LTD NIAGARA BLOCK INC NIAGARA COMMUNITY NEWSPAPERS 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 HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL POLICE SERVICE NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA UNITED ENTERPRISE LTD NIAGARA WORSHIP CENTRE NIAGARA.COM NORJOHN CONTRACTING PAVING LTD O Y REIT HOLDINGS INC IN TRUST 0 E ENTERPRISES OATLEY,SHAWN OMERS OMERS ONTARIO REALTY CORPORATION ONTARIO TAX SALES INC OPTIMIST CLUB ORESCANIN,DANIEL PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PAPER DIRECT PATRIOT ENTERPRISES PEAK TECHNOLOGIES CANADA PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA BROILERS LTD CIO LOU FIORENTINO PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENTACRON INVESTMENTS LIMITED PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PHAM,GIANG PHARMACY ONE PHILIPS ENGINEERING PHILLIPS,GERALD PINEWOOD HOMES (NIAGARA) LTD PLAYPOWER LT CANADA INC Cheque No. Cheque Date 320807 18- Jun -2008 320179 28- May -2008 320388 04- Jun -2008 320625 11 -Jun -2008 320809 18- Jun -2008 320626 11- Jun -2008 320180 28- May -2008 320389 04- Jun -2008 320810 18- Jun -2008 320390 04 -Jun -2008 320391 04- Jun -2008 320181 28- May -2008 320627 11 -Jun -2008 320811 18- Jun -2008 320393 04- Jun -2008 320628 11- Jun -2008 320394 04- Jun -2008 320182 28- May -2008 320636 11- Jun -2008 320395 04- Jun -2008 320396 04- Jun -2008 320183 28- May -2008 320814 18- Jun -2008 320249 28- May -2008 320398 04- Jun -2008 320399 04- Jun -2008 320631 11- Jun -2008 320815 18- Jun -2008 320630 11- Jun -2008 320816 18- Jun -2008 320185 28- May -2008 320186 28- May -2008 320400 04- Jun -2008 320401 04- Jun -2008 320632 11- Jun -2008 320633 11- Jun -2008 320818 18- Jun -2008 320819 18- Jun -2008 320187 28- May -2008 320820 18- Jun -2008 320634 11- Jun -2008 320635 11 -Jun -2008 320821 18- Jun -2008 320402 04- Jun -2008 320168 28- May -2008 320813 18- Jun -2008 320403 04- Jun -2008 320404 04- Jun -2008 320637 11- Jun -2008 320406 04- Jun -2008 320407 04- Jun -2008 320823 18- Jun -2008 320638 11 -Jun -2008 320824 18- Jun -2008 320825 18- Jun -2008 320408 04- Jun -2008 320409 04- Jun -2008 320410 04- Jun -2008 320826 18- Jun -2008 320191 28- May -2008 320827 18- Jun -2008 320411 04- Jun -2008 320412 04- Jun -2008 320192 28- May -2008 320639 11- Jun -2008 320828 18- Jun -2008 320413 04- Jun -2008 320193 28- May -2008 320414 04- Jun -2008 320829 18- Jun -2008 320830 18- Jun -2008 320640 11- Jun -2008 320641 11- Jun -2008 320194 28- May -2008 Purpose PAYROLL REMITTANCE CONTRACT SERVICES WASTE REM CONTRACT SERVICES TRASH REM( CONTRACT SERVICES SERVICE CE CONTRACT SERVICES WEEKLY WA MATERIALS CONTRACT SERVICES MAINTENAN( CONTRACT SERVICES MACBAIN DE CONTRACT SERVICES LOADER TRAVEL/MILEAGE REFUND ADMINISTRATIVE MEETING EXPENE MATERIALS ADMINISTRATIVE MEMBERSHIP REI ADMINISTRATIVE H &S TRAINING TR MATERIALS MATERIALS EMPLOYEE PURCHASE PETTY CASH SERVICE CENTRE MATERIALS REFUND REFUND MATERIALS CONSTRUCTION ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE LTD PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES ROADKILL F( ADMINISTRATIVE OPG ANNUAL Flits WATER ARREARS -MAY 27/08 UTILITIES WATER ARREARS JUNE 3/08 UTILITIES WATER ARREARS JUN 10/08 UTILITIES FAIRVIEW WATER ARREARS JUN 17/08 UTILITIES MATERIALS FAIRVIEW IRRIGATION CONTRACT SERVICES FIRE INSTRL CONTRACT SERVICES ALARM MON ADVERTISING ADVERTISING REFUND MATERIALS PARTIAL RELEASE OF CONTRACT SERVICES CONTRACT SERVICES SURFACE TF REFUND TAX REFUND TRAVEL/MILEAGE PAYROLL REMITTANCE -MAY08 PAYROLL REMITTANCE LEASES PARKING FOR KER PARK A REMITTANCE MATERIALS REFUND DOCTORS NOTE MODIFIE REFUND MATERIALS MAYOR'S OFFICE CERT STORES /INVENTORY CONTRACT SERVICES POLICY #709 CONTRACT SERVICES TRANSIT RO CONTRACT SERVICES PREVENTAT REFUND TAX REBATE CONTRACT SERVICES GUARD RAIL CONTRACT SERVICES PROJECT Sl- MATERIALS MATERIALS TRANSIT REFUND CONTRACT SERVICES JANITORIAL REFUND MATERIALS CONTRACT SERVICES MONTROSE MATERIALS REFUND OVERPAYMENT OF FEES MATERIALS Page 7 of 10 Amount 1,625 08 253.28 84 43 3,330 76 2,395 74 20 00 359 62 12,455 05 248.06 220.50 1,852.53 156 14 20 00 1,360.80 10,787 49 20 00 300.00 165.65 192.00 955.55 1,626.55 260 72 844.98 2,864.56 4,856 16 2,841.08 2,841 08 2,841.08 1,250.00 100,000 00 9,194.50 111,750.97 11,321 11 535.02 4,889.62 2,768.88 4,110.90 1,583.18 105.63 4,172.00 35 00 933.24 594.30 5,687.52 3,000.00 150.62 5,250.00 42,494.98 48.00 437,109.50 26,878.68 8,379.00 780.00 1,755.01 60.00 897.88 225.66 1,524.37 2,775.06 446.21 1,123.60 2,036.26 1,717 79 31.50 390.00 75.00 5,235.08 1,029.20 1,464.05 364 16 596.84 20.00 537.28 731 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name POPKO,SUSAN PORT DRUMMOND LTD PORTER,GAIL POTTS,JESSICA POTTS,JESSICA PRATA,GUY PRITCHARD,DAVID PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUAGLIARIELLO CARMEL ESTATE R D CONSTRUCTION (NIAGARA) LTD R M LOUDON LIMITED R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANKO,DUSAN& VUKSAN, MAGDICA RAVEN,BONNIE RBC RBC LIFE INSURANCE COMPANY REALTAX INC 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 NIAGARA FIRE BUFFS REMPEL MASONRY RESTORATION INC RENDON SECURITY SYSTEMS RENNIE,GEORGE RESQTECH SYSTEMS INC RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIVER REALTY DEVELOPMENT (1976) INC ROBBINS,JANE ROBBINS,RICHARD ROGERS WIRELESS INC ROSS,PHILIP ROVERT,JOYCE RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES SACCO,DOLORES SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAINT GOBAIN CERAMIC MATERIALS CANADA INC SAVOIE,DANNY SCERBO,SUSAN SCHENCK,YOLANDA SCHMIDT,DARREN SCHRAPP,VICTORIA CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS SCOTT,JOANNE SEICK,WILLIAM SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHEBE MANAGEMENT INC SHERRITT INTERNATIONAL CORPORATION SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHIELDS,PERRY WARD SHRED IT KITCHENER SICA,TRICIA SICO INC Cheque No. 320642 320415 320643 320195 320831 320196 320197 320644 320198 320645 320832 320416 320834 320172 320653 320840 320199 320417 320646 320833 320418 320647 320201 320200 320835 320250 320419 320648 320836 320202 320420 320649 320837 Wire trsfr Wire trsfr 320650 320203 320838 320651 320652 320839 320421 320654 320655 320206 320423 320424 320425 320657 320426 320658 320659 320427 320207 320841 320428 320208 320209 320548 320745 320660 320661 320210 320843 320662 320845 320211 320429 320663 320846 320844 320212 320847 320430 Cheque Date 11- Jun -2008 04- Jun -2008 11- Jun -2008 28- May -2008 18- Jun -2008 28- May -2008 28- May -2008 11- Jun -2008 28- May -2008 11- Jun -2008 18- Jun -2008 04- Jun -2008 18- Jun -2008 28- May -2008 11- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 04- Jun -2008 11- Jun -2008 28- May -2008 28- May -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 30- May -2008 16- Jun -2008 11- Jun -2008 28- May -2008 18- Jun -2008 11- Jun -2008 11- Jun -2008 18- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 28- May -2008 04- Jun -2008 04- Jun -2008 04- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 04- Jun -2008 28- May -2008 18- Jun -2008 04- Jun -2008 28- May -2008 28- May -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 11- Jun -2008 28- May -2008 18- Jun -2008 11- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 18- Jun -2008 28- May -2008 18- Jun -2008 04- Jun -2008 Purpose MATERIALS REFUND TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE GRANT NIAGARA GIRLS MINOR SOF CONTRACT SERVICES MAPLE ST S COURIER COURIER COURIER REFUND CONTRACT SERVICES FIRE HYDRA CONSULTING SERVICES -WATER SE/ MATERIALS CLOTHING /ACCESSORI MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY REFUND MATERIALS REFUND TAX REFUND ATTILIO DEA ADMINISTRATIVE REGISTRATION FEES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS APRIL 08 SIGNAL BILLIN MATERIALS CONTRACTED SERVICES SPLIT BILI MATERIALS CREDIT INVOICE RE IN\ APR WATER WASTEWATER DEBENTURES INTEREST MATERIALS FOOD FOR FIRE FIREFI REFUND SERVICE DEPOSIT BP -2001 LEASES AND RENTS MATERIALS MATERIALS CONTRACT SERVICES APPRAISAL REFUND MATERIALS MATERIALS UTILITIES MATERIALS REFUND REFUND PORTION OF SEV REFUND MATERIALS EMPLOYEE PURCHASE MATERIALS MATERIALS STORES /INVENTORY REFUND GRANT LEADERSHIP TRAINING /NA1 TRAVEUMILEAGE OACA CONFEREI` REFUND GRANT LEADERSHIP TRAINING /NIAI GRANT ELITE ONTARIO GYMNASTIC MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES GARNER S CONSULTING SERVICES PROJECT a MATERIALS CHRISTMAS PARTY EN MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAINT ARENA REFUND BUILDING PERMIT FEES CONTRACT SERVICES TRAVEUMILEAGE STORES /INVENTORY Page 8 of 10 Amount 20 00 1,626.27 34.65 90 50 283 50 39.50 50 00 441,874 12 178.47 75 80 243.96 919 19 8,569 42 3,064.69 18,927 72 1,290 80 356.02 491 10 505.88 216.96 401.87 20.00 4,329.32 1,252.23 6,536.25 222,886.13 222,347.06 219,838.06 261,740.02 12,052.56 4,258.65 26,238.25 9,634.26 1,593,289.97 152,539 00 200 00 750.00 9,344.37 20.00 145.77 1,001 70 5,326.19 20.00 20.00 256.35 71 18 143.00 48,389.39 300.00 517.50 2,435.89 713.46 2,976.17 50.00 63.23 10,044.37 50.00 70.00 256,612.11 170,840.59 20.00 20.00 997.50 3,072.93 630.00 3,175.20 3,828.41 836.70 1,668.90 766.79 492.23 72.98 263.21 1,178.53 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SIDOFF,ROBERT SIMPLEX GRINNELL SLAPPENDEL GREENHOUSES INC SMEAL FIRE APPARATUS SMITH,ED SMITH,HEATHER SMITH INDUSTRIAL SUPPLY SNAP NIAGARA FALLS SNYDER,BILL SOMERVILLE,GREG SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION SPEARE SEEDS SPECIALTY COMMERCIAL AND INDUSTRIAL LEASING LTD SPECK INDUSTRIES ST PAUL HIGH SCHOOL ST SAGA HOLDINGS INC ST CATHARINES BUSINESS MACHINES STAMFORD HOME HARDWARE STEED EVANS LIMITED STINSON EQUIPMENT LIMITED STITCH IT STOKES INTERNATIONAL STORM,FRANKLIN JAMES WILLIAM STRATEGY CORP STRATEGY CORP STRIPES AND SIGNS STRONGCO EQUIPMENT STUART,DAVID STUART,DAVID STUDIO V ARCHITECTS SULLIVAN,KRISTEN SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPREMEX INC SWS STAR WARNING SYSTEMS INC T C HOLDINGS TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TELLIER,MICHEL JILL TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TESKEY,BERNADETTE THE CURE FOUNDATION THE HOSPITAL ACTIVITY BOOK FOR CHILDREN THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THOROWEST PLAZA LTD TICKET TRACER CORPORATION TIM HORTON'S TIM HORTONS STORE #30 TIM HORTONS STORE #30 TIME FX INTL TONG,SI -KI TOPLIFFE,T TORONTO STAMP INC TORONTO STAMP INC TORONTO STAMP INC TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TRACTION HAMILTON TRADE A DOLLAR INC TRAPASSO,JUDY Cheque No. Cheque Date 320431 04- Jun -2008 320849 18- Jun -2008 320213 28- May -2008 US draft 05- Jun -2008 320664 11- Jun -2008 320665 11- Jun -2008 320214 28 -May -2008 320432 04- Jun -2008 320666 11- Jun -2008 320434 04- Jun -2008 320668 11- Jun -2008 320216 28- May -2008 320435 04- Jun -2008 320851 18- Jun -2008 320669 11- Jun -2008 320439 04- Jun -2008 320436 04- Jun -2008 320217 28- May -2008 320218 28- May -2008 320219 28- May -2008 320437 04- Jun -2008 320438 04 -Jun -2008 320220 28- May -2008 320221 28- May -2008 320670 11 -Jun -2008 320671 11- Jun -2008 320852 18- Jun -2008 320255 30- May -2008 320853 18- Jun -2008 US draft 16- Jun -2008 320854 18 -Jun -2008 320223 28- May -2008 320222 28- May -2008 320440 04- Jun -2008 320672 11- Jun -2008 320673 11- Jun -2008 320855 18- Jun -2008 320442 04- Jun -2008 320443 04- Jun -2008 320445 04- Jun -2008 320856 18- Jun -2008 320444 04- Jun -2008 320446 04- Jun -2008 320857 18- Jun -2008 320224 28- May -2008 320447 04- Jun -2008 320675 11- Jun -2008 320858 18- Jun -2008 320859 18- Jun -2008 320676 11- Jun -2008 320860 18- Jun -2008 320677 11- Jun -2008 320225 28- May -2008 320448 04- Jun -2008 320226 28- May -2008 320861 18- Jun -2008 320227 28 -May -2008 320862 18- Jun -2008 320449 04- Jun -2008 320450 04- Jun -2008 320451 04- Jun -2008 320452 04- Jun -2008 320679 11 -Jun-2008 320678 11- Jun -2008 320680 11- Jun -2008 320453 04- Jun -2008 320454 04- Jun -2008 320681 11- Jun -2008 320863 18 -Jun -2008 320455 04- Jun -2008 320864 18- Jun -2008 320252 29- May -2008 320456 04- Jun -2008 320457 04- Jun -2008 Purpose REFUND MATERIALS MATERIALS FLOWERS MATERIALS MATERIALS MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS BASIC LIFE SUPPORT R SUBSCRIPTION WATER WORKS AS: MATERIALS ORNAMENTAL GRASSE REFUND MATERIALS LIFEGUARD HATS ADMINISTRATIVE OSAID PROM LIM( REFUND SERVICE TYPEWRITER MATERIALS CONTRACT 2006 -03 ASPHALT OVERL MATERIALS CONTRACT SERVICES REPAIRS /RE MATERIALS REFUND DAMAGE DEPOSIT CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES WEB ADORE MATERIALS TRAINING WATER DEP/ TRAVEUMILEAGE PETTY CASH CONSULTING BRIDGE DESIGN TRAVEUMILEAGE REMITTANCE HEALTH SPENDING AI FUEL TRANSIT FUEL TRANSIT FUEL FUEL TRANSIT FUEL MATERIALS REFUND REFUND ADVERTISING MATERIALS WATER FOR SCHISLER REFUND PAPP TAX OVERPAYMENT UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS UTILITIES UTILITIES MATERIALS MATERIALS ADMINISTRATIVE ADVERTISING MATERIALS ZAC CLARK MATERIALS JIM DIODATI ADVERTISING CORONATION ADVERTISING REFUND MATERIALS MATERIALS CENTRAL PUMP RIBBOI MATERIALS FIRE DEPARTMENT COI MATERIALS MATERIALS MATERIALS MATERIALS STATION BOOTS MATERIALS MATERIALS STAMPS FINANCE MATERIALS STAMPS FINANCE CONTRACT SERVICES LIFT, LEVEL CONTRACT SERVICES BATTELFIELI STORES /INVENTORY REFUND REFUND Page 9 of 10 Amount 1,056 42 220.02 2,677.54 114.08 20 00 20.00 386.01 623 70 20.00 40 00 70.00 3,016.25 337.83 584 78 105 00 2,810.09 154.25 576.11 5,250 00 531 16 43 92 1,742.99 750.00 7,875.00 7,875.00 445.95 499 46 356.14 318.47 2,730 00 67.50 270,244.29 69,520 18 54,877.80 2,543.07 24,357 69 48,796.90 874.62 12,413.11 5,074.08 2,420.49 50.00 210.52 2,663.17 252.13 1,603.35 451.98 451.98 8,718.68 1,350.12 5,812.67 20.00 510.00 204 75 55.37 497.20 304.50 11,884.21 4,792.30 12,430.00 91.81 48.85 21.99 1,572.96 150.00 105.68 168.20 255.50 527.82 27,876.02 1,673.07 1,060.30 1,210.95 2,041.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TREASURE HOUSE IMPORTS LTD TROUT,MITCHELL ROBERT TSH ENGINEERS PLANNERS TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TYCHYNSKI,RUDY& TYCHYNSKI, YVONNE TYERS,SUSAN TYNDALL,MARION UAP INC #963 UAP INC #963 UAP INC #963 UCC INDUSTRIES INTERNATIONAL INC UNISYNC GROUP UNISYNC GROUP UNITED WAY UNIVERSITY OF WESTERN ONTARIO UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN MARKETING COLLABORATIVE URBAN MARKETING COLLABORATIVE V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VALLANCE,JESSICA VANDEN BUSSCHE IRRIGATION VERROCHE,KEVIN VMG (5400 STANLEY AVE) INC WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,MARIA WARMAN, THOMAS WASHINGTON,WES WASTE MANAGEMENT WASTE MANAGEMENT WATT,SUSAN WAYNE SAFETY INC WAYNE SAFETY INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WHEELER,SUE WHITE,ROBERT WILLIAM G. ANDERSON ASSOCIATES WILSON,RICHARD WINGER,TERRI WINGER,TERRI WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WYLIE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP ZAMBONI COMPANY LTD ZARLENGA,NICOLETTA DOMENICO Cheque No. 320682 320267 320228 320229 320865 320683 320458 320684 320685 320230 320459 320866 320867 320231 320868 320251 320460 320232 320233 320461 320234 320686 320236 320688 320235 320869 320687 320462 320691 320871 320237 320463 320690 320870 320692 US draft 320693 320694 320872 320695 320464 320696 320465 320697 320698 320873 320874 320239 320875 320240 320466 320241 320699 320242 320467 320468 320700 320701 320243 320469 320702 320470 320471 Cheque Date 11- Jun -2008 03- Jun -2008 28- May -2008 28- May -2008 18- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 28- May -2008 04- Jun -2008 18- Jun -2008 18- Jun -2008 28- May -2008 18- Jun -2008 28- May -2008 04- Jun -2008 28- May -2008 28- May -2008 04- Jun -2008 28- May -2008 11- Jun -2008 28- May -2008 11- Jun -2008 28- May -2008 18- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 05- Jun -2008 11- Jun -2008 11- Jun -2008 18- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 18- Jun -2008 18- Jun -2008 28- May -2008 18- Jun -2008 28- May -2008 04- Jun -2008 28- May -2008 11- Jun -2008 28- May -2008 04- Jun -2008 04- Jun -2008 11- Jun -2008 11- Jun -2008 28- May -2008 04- Jun -2008 11- Jun -2008 04- Jun -2008 04- Jun -2008 Purpose ADMINISTRATIVE MYAC FILM FEST 08 CONSULTING NF TOURIST PARKING MATERIALS SUPER 800 4" ROTOR MATERIALS TRAVEUMILEAGE REFUND TRAVEL/MILEAGE MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS SIGN POSTS MATERIALS WORK CLOTHING MATERIALS WORK CLOTHING PAYROLL REMITTANCE ADMINISTRATIVE TUITION CONSULTING SERVICES EDGEWOC CONSULTING SERVICES WATER/W, CONSULTING SERVICES FOURTH A CONSULTING SERVICES SYLVIA PLC CONSULTING SERVICES SYLVIA PU CONTRACT- GARNER SW SAN SERVIi CONTRACT- GARNER SW /SAN /PUMP GRANT COMPETITION GRANT /ELITE MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES FAIRVIEW MATERIALS STONE S/C MATERIALS STONE S/C MATERIALS STONE S/C MATERIALS STONE/STREETS MATERIALS REFUND CONFERENCE EXPENSE MATERIALS CONTRACT SERVICES RECYCLING CONTRACT SERVICES WASTE REM MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY TRAVEUMILEAGE MATERIALS BUSINESS PLAN COMP! CONTRACT SERVICES NFFD MOBIL TRAVEUMILEAGE CONTRACT SERVICES CARETAKER CONTRACT SERVICES CARETAKER FUEL SERVICE CENTRE FUEL SERVICE CENTRE ADMINISTRATIVE SCHEDULE 2 INVC ADMINISTRATIVE SCHEDULE 2 INVC PAYROLL REMITTANCE LIBRARY ADMINISTRATIVE SCHEDULE 2 INVC PETTY CASH CORONATION MATERIALS CONTRACT SERVICES 3 DOORS CONTRACT SERVICES MATERIALS REFUND Page 10 of 10 Amount 2,976.75 75 00 2,540.51 174 75 55.77 93.50 1,965.08 74 00 20.00 359 77 1,116.43 615.21 16,827.96 948.93 168.37 1,511.50 1,153.30 13,493.55 4,097.63 25,260.01 3,150 00 3,144 75 531,494.97 117,799.70 70.00 942.36 20.00 1,097.80 312.82 354.92 1,987.83 5,122.91 864.27 7,035.75 20.00 884.52 20.00 56.81 57 18 20.00 576.30 345.78 144 08 1,029.49 155.78 31.50 1,000.00 12,490.47 35.27 65.00 65.00 42,352.80 41,435.93 29,857 45 2,041 19 700.18 15,337.01 532.33 203.29 297 15 15.38 681.55 1,084.54 Total 7,473,307.10 July 7, 2008 TS- 2008 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Niagar aa11s C A N A D A Re: TS- 2008 -41 Automated Bus Stop Announcement Technology RECOMMENDATION: It is recommended that this Report be received for the information of the Council BACKGROUND: On July 26 2007 a visually impaired individual was successful in his challenge of the Toronto Transit Commission's policy to announce bus stops only when requested by customers Via his success through the Human Rights Tribunal of Ontario, the TTC was subsequently ordered to ensure the announcement of all bus stops throughout the City of Toronto Supported by this decision, on October 16, 2007 the Ontario Human Rights Commission sent a letter to all Transit systems throughout the Province requesting information with respect to, our intentions to provide universal bus stop announcements, steps our system has taken to provide stop announcements, and our time lines for implementation of an announcement protocol. After consultation with many other Transit colleagues and staff at the Canadian Urban Transit Association (CUTA), as well as City staff including Legal, Niagara Transit responded with a letter indicating our position on the matter The letter indicated we were conducting a comprehensive operational review, which would include the best manner to provide stop announcements to our customers Thus, we did not commit to a finite date when stop announcements, either manual or automated, would be implemented. At the present time, Transit Maintenance staff have begun repairing and retrofitting the fleet with public address systems to enable the manual calling of bus stops by our Bus Operators Further to this initiative, a letter has been sent to our union executive indicating management's expectation of our Operators to begin manually calling bus stops effective September 1S 2008. Presently, staff are reviewing the automated announcement technologies, in conjunction with our consultant, but would not have a system in place by September 1s 2008 Our strategic review will include a review of the most effective technologies to ensure our customers, of all ages and physical abilities, are provided the Working Together to Serve Our Community Community Services Department Transportation Services July 7, 2008 2 TS- 2008 -41 amenities required to travel throughout the community in a safe, convenient, and dignified manner. Transit systems throughout the Province have been working collaboratively with the private sector and advocacy /disability groups to develop Transportation Standards to implement via the Accessibility for Ontarians with Disabilities Act. As noted in OHRC correspondence, the OHRC maintains their organization has primacy over the AODA and further, the standards established by the AODA fall far short of human rights standards. The protocol of our Bus Operators manually announcing every bus stop throughout the city may address the matter in the short term, but will not provide the best practice moving forward. Several transit systems have already brought the initiative to the attention of the Ministry of Labour citing it to be an unsafe labour practice. The results of this challenge are pending It will be incumbent upon staff, with the support of our consultant team to review and select an automated bus stop announcement technology in an expeditious manner to address the OHRC award The OHRC has advised in correspondence, a failure to initiate universal bus stop announcements may result in complaints being filed in our community and thus, possible fines for the noncompliance Although the actual costs of procuring a system are not entirely known at this time, discussions with other transit systems indicate it will be approximately $15,000 to $20,000 per bus and therefore, approximately $500,000 (25 conventional buses) to equip the fleet with the GPS based technology These funds have not been identified in the Capital budget Once installed, the technology does allow for further enhancements to both staff and customers in the form of new amenities such as; real time schedule information, passenger counts, on board surveillance equipment, and enhanced dispatching abilities Recommended by Approved by Respectfully submitted Karl Dren, Directo of Transportation Services Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administrative Officer D Stuart S: \General Administration \GA 1 01 Reports12008 Council \07 Jul 7 \TS- 2008 -41 Automated Bus Stop Announcement Technology wpd July 7, 2008 TS- 2008 -36 His Worship Mayor Ted SaIci and Members of the Municipal Council City of Niagara Falls, Ontario Members* RECOMMENDATION: BACKGROUND: Niagaraaalls Re: TS- 2008 -36 Niagara Falls Fort Erie Inter municipal Transit Agreement 1) That Council approve the municipality entering into an agreement with the Corporation of the Town of Fort Erie to supply transit service. 2) That the Mayor and Clerk be authorized to execute the necessary agreements Further to Report TS- 2008 -31 (attached) The schedule will be primarily designed to meet the needs of the students attending Brock University and Niagara College, but will be promoted to attract additional ridership beyond this student target market. An additional market would include the many residents of Fort Erie who could take advantage of this service to travel to the many employment venues within Niagara Falls. Although there may be funding supplied by Niagara College and Brock University, the majority of the cost associated with the provision of this service will be underwritten by the Corporation of the Town of Fort Erie and thus, will present no costs to the taxpayer of Niagara Falls Upon arriving at our Adams Centre (Wal -Mart) Terminal in Niagara Falls, customers would have the option to transfer onto either our Niagara College and Brock University shuttles or to one of our municipal routes to continue their trip within our community If successful, the initiative may be supported by Fort Erie to remain in service year round and not just the eight- months Niagara College and Brock University are in session Staff are currently making arrangements to ensure the appropriate resources are in place to accommodate this potential new venture, including the procurement of a pre -owned bus A service agreement has been drafted by transit staff and reviewed by our solicitor At present, this agreement is being reviewed by Fort Erie staff for comments and will become a binding agreement in the nearfuture if the respective Councils approve the initiative. -wwwn agarafalls ca Working Together to Serve Our Community Community Services Department Transportation Services July 7, 2008 2 TS- 2008 -36 Supported by the successful implementation of our current Inter Municipal services to Welland, St Catharines, and Niagara -on- the -Lake, staff recommend Council authorize the Mayor and Clerk to enter into an agreement with the Corporation of the Town of Fort Erie for the provision of Niagara Transit services between the two municipalities effective September, 2008 As stated, there will be no cost to the taxpayer of Niagara Falls Recommended by Karl en, Director of Transportation Services Approved by Respectfully submitted D Stuart S: \General Administration \GA 1 01 Reports\2008 Council \07 Jul 7 \TS- 2008 -36 Niagara Falls Fort Erie Inter Municipal Transit Agreement wpd Ed Dujlovic, Executive Director of Community Services fro MacDonald, Chief Administrative Officer April 28, 2008 Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members Re: TS- 2008 -31 Niagara Falls Fort Erie Inter municipal Transit Service RECOMMENDATION: That the following report be received for the information of Committee BACKGROUND: Niagara Transit has been providing service inter municipally between Niagara Falls and St. Catharines since September 1992 on a fare per ride basis. Effective September 2003 a universal bus pass agreement was developed between Niagara Transit and the Brock University Students' Union to assist the students residing in our community with their transportation needs to the campus. To compensate Niagara Transit for service provided to St. Catharines, as well as unlimited travel within Niagara Falls on our municipal transit system, the student union charges a levy on tuition fees applied to all full time students. Therefore, whether the student utilizes our transit service or not, they are charged a nominal yearly fee. There is no provision to 'opt out' of the program, so those students who choose not to ride the buses or cannot due to their residence location are, in essence, subsidizing those who frequent the service. In addition to the service provided to Brock University in St Catharines, Niagara College's Student Administrative Council has established a similar program to purchase transportation for their students residing in Niagara Falls In September 2005, the Student Council initially established a Zink between Niagara Transit's municipal services and the Glendale Campus in Niagara -on -the Lake. Encouraged by the favourable acceptance of this service, in September 2007, the Student Council made the decision to purchase additional service to transport their students to the Woodlawn Campus in Welland. To date, the students of the three Campuses have become frequent customers generating the following number of passenger trips per month, Glendale Campus 2,000; Woodlawn Campus 3,100; and Brock University 4,500. It should also be noted the entire operating cost to provide these services is the responsibility of Niagara College's Student Administrative Council and Brock university's Student Union and thus, no cost is subsidized by the municipal taxpayer. NiagaraJ CAN ADA Working Together to Serve Our Community TS- 2008 -31 The recommendation(s) contained in this report were adopted in committee and ratified by City Council INECKINEEMEWAIMMOIMNOSIRIMENZINISSIESEEFIlb w Community Services Department Transportation Services April 28, 2008 Currently, discussions are taking place with the Town of Fort Erie to provide a link between the two municipalities. This connection would meet the needs of the Niagara College and Brock University students residing in that community. The students would be required to pay a nominal fare when boarding the Fort Erie bus, but would be able to transfer to one of the three Niagara Transit buses upon arrival in Niagara Falls at no charge to continue their trip to the three Campuses serviced due to the agreement in place which covers the costs associated with providing these services. The Universal Bus Pass agreements in place with Niagara College's Student Administrative Council and the Brock University Student's Union will compensate Niagara Transit for the service provided to the three campuses from Niagara Fails, and thus, the students simply show the Bus Operators their student I.D. (No fare required) when transferring onto these buses. Although the schedule will be designed to meet the needs of the students attending Brock University and Niagara College, the service will be promoted to attract additional ridership beyond this student target market. There may be an opportunity to encourage workers residing in Fort Erie to utilize this service to travel to employment venues in Niagara Falls. If successful, the initiative may remain in service year round and not just the eight- months Niagara College and Brock University are in session. Staff is currently making arrangements to ensure the appropriate resources are in place to accommodate this potential new venture, including the possible procurement of a pre owned bus. As further details are discussed and addressed, an additional Report will be forwarded to Council to ensure all parties are apprized of this exciting initiative. Recommended by: Approved by: Respectfully submitted: /rce:-P 2 TS- 2008 -31 Karl Dren, Director2f Transportation Services c uthre-'Director of Community Services Ed Dujlovic, Exe John onald, Chief Administrative Officer D. Stuart S:1General Administration\GA 1.01 Reports■2008 Community Services104 Apr 28\TS- 2008 -31 Fort Erie Inter municipal Transit Initiative 2.wpd July 7, 2008 TS- 2008 -40 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -40 Pettit Avenue at Sherwood Road Intersection Control Review RECOMMENDATION: That the existing yield sign facing westbound motorists at the intersection of Pettit Avenue and Sherwood Road be replaced with a stop sign. BACKGROUND: Staff has been requested to investigate replacing the existing traffic control device at Pettit Avenue and Sherwood Road. At this time, the intersection right -of -way is governed by a yield sign facing westbound motorists on Sherwood Road. Pettit Avenue is a minor collector roadway, 8.5 metres in width, extending in a north /south direction. The roadway connects to Dorchester Road and feeds traffic onto local roadways within the subdivision. Sidewalks are present on both sides of the roadway for pedestrian use, with boulevards and curbs separating the sidewalks from the travelled portion of Pettit Avenue. Sherwood Road, a local roadway also 8.5 metres in width, extends east of Pettit Avenue before curving to the northeast after 50 metres. Sidewalks are also present on both sides, and are separated by boulevards and curbs. Cherrywood Acres Elementary School is located just southwest of the study intersection. Technical studies have been carried out at the intersection to determine whether the existing yield control should be replaced with a stop sign. Study results indicate that a stop control is warranted at the intersection. The visibility triangle requirement for an intersection controlled by a yield sign is not met thus warranting additional controls. This is common in developed residential areas with buildings and fencing normally constructed within the visibility clear zone. This triangle is intended to provide motorists with sufficient visibility to view approaching vehicles and therefore be able to react appropriately. The stopping sight distance requirements are also not met due to the curvature of Sherwood Road, and foliage obstructing the existing yield sign. No collisions have been reported at the study intersection. Working Together to Serve Our Community Community Services Department Transportation Services July 7, 2008 2 TS- 2008 -40 Based on this information it is recommended that a stop sign be installed in place of the yield sign on Sherwood Road facing westbound motorists From the proposed stop position, visibility in both directions meets minimum requirements Additionally, the tree branches obscuring the proposed stop sign will be trimmed to provide maximum visibility of the stop sign If the minimum sight lines of the stop sign cannot be provided, a stop ahead sign will be installed on Sherwood Road forewarning motorists of the approaching stop condition Recommended by Approved by Respectfully submitted Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services ‘M Joh acDonald, Chief Administrative Officer B. Skiba S: \General Administration \GA 1 01 Reports\2008 Council \07 Jul 7 \TS- 2007.40 Pettit Avenue at Sherwood Road Intersection Control Review wpd NORTH Pettit Avenue at Sherwood Road Intersection Control Review Proposed Stop Sign Location MUNICIPAL, PLANNING DEVELOPMENT LAW 2 July 2008 Sent via E -mail Mr. Dean Iorfida P.O. BQx 1023 4310 Queen Street Niagara :Falls, ON L2E 6X5 Dear Mr. Iorfida: Re: Request for Delegation Council Meeting of July 7, 2008 We are the solicitors for Smart!Centres, the developer of Oakwood Shopping. Centres. We are writing on behalf of our client to request that Josh Kaufman, of Smart!Centres, be permitted to appear before council at the City of Niagara Falls Council Meeting of 7 July 2008 regarding the proposed bylaw for this development. If you have any questions, please do not hesitate 'to contact me. Yours very truly, Wood Bull LLP 1 Valeria Maurizio VM c. J. Kauffman Valeria Maurizio Direct' (416) -3623 vmaurizio@woodbull:ca 65 Queen Street West Suite 1400 Toronto Ontario M5H 2M5 T (416) 203 -7160 F (416) 203 -8324 www.woodbull.ca Dean Iorfida Re: Delegation at July 7th Council Meeting re Oakwood Shopping Centres From: Dean Iorfida To: Valeria Maurizio Date: 7/2/2008 12:23 PM Subject: Re: Delegation at July 7th Council Meeting re Oakwood Shopping Centres CC: Alex Herlovitch; Joshua Kaufman; Ken Beaman; Mary Bull Page 1of1 Thanks for the letter, however, some justification as to why there is a need to speak to or concerns about the by -law would be helpful, especially since the by -law is in keeping with the previous Council approval. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Valeria Maurizio" <vmaurizio @woodbull.ca> 7/2/2008 11:09 AM Good Morning, Please see the attached letter concerning a request for delegation to council at the scheduled council meeting of July 7, 2008. Thank you, Valeria Maurizio Planner Wood Bull LLP 65 Queen St. W, Suite 1400 Toronto, ON M5H 2M5 Tel: 416.203.3623 Fax: 416.203.8324 email vmaurizio @woodbull.ca www.woodbull.ca This email may contain confidential and /or privileged information for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient and /or have received this email in error, please contact the sender and delete all copies. Thank you for your cooperation. file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \486B7339Domain... 7/2/2008 Dean Iorfada Fwd: Smart9Centres 17snr"+arr"'r.,x'., 3.7 FPi From: Dean Iorfida Subject: Fwd: Smart!Centres Alex Herlovitch 6/25/2008 2:56 PM All I called Josh Kaufmann Smart!Centres back but got his voice mail. I left a message to say that I gave careful consideration of his request and got input from the City Solicitor. I advised that it is our position that Staff is obliged to carry-out City Council's direction and that the direction was to have the building oriented in a south facing direction and to secure that through zoning. My message went on to say, that if he wants Council to reverse its decision, he will have to appear before Council as a delegation and that he should send a letter with such a request to the City Clerk. Thanks Alex about:blank Page 1 of 1 7/2/2008 Site Design 5 May 26, 2008 Council Minutes service areas on the north side of the property and away from street frontages which enhances the project in 2 ways: It improves the appearance to the public realm, and, It reduces the building's massing along Oakwood Dr It is recommended that this re- orientation of the building be secured in the amending bylaw by requiring loading and service areas to be located away from the street frontage. The applicant has requested a reduction in building setbacks from the standard 18m (59 ft) to 6m (19 7 ft) given the road widening and landscaping requirements. This reduction would be acceptable for the smaller satellite buildings as their lower height and smaller massing will not impact on the streetscape. The reorientation of the Wal -Mart has reduced its massing along Oakwood Dr by 50% so a reduction in the WaI -Mart setback to 12m (39.4 ft) is acceptable. The City's planning program in recent years with major commercial developments has been to require 15% of the lot area to be landscaped open space with 6m (19 7 ft) wide landscape strips along street frontages. These enhancements are to mitigate the impacts of the large buildings and parking areas associated with large developments. With the reductions in the road allowance widths, it is essential these minimum landscaping standards are provided. The 6m (19.7 ft) ensures abutting street frontages are buffered and provides for snow storage and moreover ensures the snow is not plowed onto the City sidewalks which will abut the property due to the reduced road right -of -ways Transit has requested that a bus lay -by be provide on -site. This will affect the current parking numbers and layout. Zoning Subject lands are currently zoned Tourist Commercial The applicant is requesting that the zoning be changed to a site specific Planned Shopping Centre Commercial (SC) zone to permit the proposed shopping centre development. The requested zoning provisions involve reductions to the required building setbacks, an increase in lot coverage, maximum and minimum floor areas to reflect the proposed development and the establishment of site specific parking, landscaping and loading requirements. The TC zone permits a range of retail outlets, including food, clothing, souvenir, liquor and drug stores and bakeries, all without caps on floor area. The current zoning also allows other retail stores up to an aggregate floor area of 7,060 sq m (76,000 sq ft). The applicant has requested an SC zoning be applied to the property with a site specific provisions tailored to permit the development. The site specific zoning would also add a home improvement store as a permitted use and include a car rental establishment, a hotel, a motel a place of worship, already permitted by the TC zone together with appropriate ancillary uses. The proposed zoning bylaw will limit the shopping centre to a maximum of 40,000 sq m (430,570 sq ft) provide for a department store of not less than 13,500 sq m and not more than 20,500 sq m (145,300 to 22,668 sq ft); the home improvement store to between 4,800 and 14,000 sq m (51,668 to 150,700 sq ft) and permit up to 7,000 sq m (75,350 sq ft) of 4 May 26, 2008 Council Minutes recover by the year 2014. Additional grocery facilities are needed in the southwest part of the City Proposed grocery facilities on the subject land, along with two other planned supermarkets can enter the market without closure of any supermarket facilities. It is recommended that a minimum department store floor area of 13,500 sq m (145,000 sq ft) be required to provide sufficient size to act as an anchor In order to control the size of the grocery facility, it is recommended that it be restricted to within the department store. Home Improvement Store JUC indicated that while a 14,000 sq m home improvement store is supportable, there may be greater market support for a smaller 10,200 sq m (110,000 sq ft) store. Specialty Retail In the first phase the proposal is for 7,000 sq m (75,350 sq ft) for retail stores specializing in specific types or groupings of merchandise. JUC has concluded specialty retail floor space (up to 7,000 sq m or 75,350 sq ft) could be developed without adversely impacting the inventory of vacant or undeveloped retail floor space that exists in the City If the home improvement store does not materialize, the applicant is proposing to develop an additional 8,400 sq m (90,000 sq ft) for specialty retail stores as Phase 2. A minimum floor area of 1,390 sq m (15,000 sq ft) per unit will be required for the Phase 2 to ensure the stores offer sufficient draw The phasing is necessary to give the other nodes and retail space a chance to develop as well as re- merchandising the vacated Wal -Mart space. The OP designates Oakwood Dr as a collector road with a 23 m. (75.5 ft) wide right -of- way The proposal will require additional road improvements to Oakwood Dr and McLeod Rd as the OP did not anticipate the magnitude of traffic expected to be generated by this proposal. The applicant's traffic consultants identified a need for up to four lanes in front of the site along with additional turning lanes into the development and at McLeod Rd. Typical City development standards for a 5 lane profile would require a right -of -way for Oakwood Dr to be up to 34 m. (112 ft). No additional widening will be required south of the site where the road design will taper down to two lanes. The applicant has concerns about the size of the right -of -way, noting it may affect the development potential of Parcel 2 and has presented options to reduce boulevard sizes. City staff are willing to reduce the required right -of -way from 34m to 28.5m (94 ft) and a right -of -way of 25 1 m(82.3 ft) at the north edge of Parcel 2 to accommodate the developer's concerns about impact on development because the widening is to be taken all on the developer's site. The developer will be required to enter into the appropriate development agreements to build and contribute to the construction of the necessary Oakwood Dr. road improvements. The Region is initiating an Environmental Assessment of McLeod Rd. Cost sharing agreements will be necessary with the Region. An acceptable site design has been submitted subject to modifications. Originally, the applicant had designed the project with the department store facing the QEW, with the rear loading and service areas exposed to Oakwood Dr. presenting an unattractive and significant negative impact to the streetscape of Oakwood Dr. The applicant re- oriented the building to face south, with the loading and 3 Background The applicant has requested amendments to the Official Plan and the Zoning Bylaw for two parcels of land located on Oakwood Drive, south of McLeod Rd Parcel 1 is 5.54 ha (13 7 ac), Parcel 2 is 8 47 ha (20 9 ac), Parcel 3 is not subject to this application and is proposed to be severed from Parcel 2 through a future severance application. The applicant is proposing to develop a phased 40,000 sq m (430,570 sq ft) shopping centre on Parcels 1 2 including the following Planning Analysis Official Plan May 26, 2008 Council Minutes a 13,500 to 20,500 sq m (143,500 to 220,668 sq ft) new prototype Walmart department store. A 4,800- 14,000 sq m (51,668 to 150,700 sq ft) home improvement store Up to 7,000 sq m (75,350 sq ft) of small retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. Subject lands currently designated Tourist Commercial. The Official Plan establishes a hierarchy of commercial districts and to recapture retail dollars leaving the City The Niagara Square Retail District is to be promoted as a regional shopping district. The lands are to be re- designated Major Commercial and become part of the Niagara Square Retail District. Proposal will assist in strengthening the District in its role as a regional retail shopping destination. The addition of a large department store will assist in providing additional shopping opportunities Other stores and services will assist in providing the full range of retail and commercial outlets expected in this District. Market impact study demonstrated development will assist in recapturing retail dollars currently leaving the City Many of the uses contemplated in the proposed development are permitted under the current Tourist Commercial designation. The lands are suitable for large scale commercial development because of the visibility and easy access from the QEW The proposed development is considered to be compatible with adjacent commercial and industrial uses. In order to avoid an overbuilt market, the OP requires new commercial development to be justified by a market demand analysis. A Market Demand and Impact Analysis was prepared by Malone, Given Parsons Ltd. and peer reviewed for the City by Joseph Urban Consultants (JUC) The findings and recommendations of these studies are as follows: Department Stores: The relocation of the Wal -Mart store to this site will provide a department store anchor that will strongly reinforce the Niagara Square node. The new store is projected to have a short term impact, but sales should Team Players Bradlee Rootes, Michael Kemp, Dustin Bianchin Assistant Coach- Brian Mulligan Assistant Coach Bill Rootes Bob Gale Complex Campaign 2 May 26, 2008 Council Minutes Mick Wolfe, Chair of the Arena Community Fundraising Campaign was pleased to acknowledge some of the donors of the Bob Gale Complex; present were, Mr Bob Gale and his daughter Jessica Friessen, Members of Lifetime Financial Planning Group, Daniel Partners, The Long Family, Upper Canada Consultants and F. Pingue Sons. Bob Gale expressed his excitement for the project. He encouraged everyone to get involved in the Great Seat Sale. Mr. Wolfe reiterated the seat sponsorship options. -AND- R- 2008 -20 Chief Administrative Officer Bob Gale Complex: Capital Campaign Update It is recommended that the updated list of donations for naming opportunities be received for information purposes. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Kalar Road 'Home for Giris Soccer' Carried Unanimously R- 2008 -23 Chief Administrative Officer Contract for the Supply and Installation of a New Artificial Turf Sports Field at Kalar Park 'Home for Giris Soccer' It is recommended that: 1. The proposal (P12 -2008) from Dol Turf Restoration Ltd., for the supply and installation of a new artificial turf sports field at Kalar Park 'Home For Girls Soccer' in the amount of $869,334.60 ($827,937 71 $41,396.89 GST), be approved. 2. That approval be granted forthe proposal amount from the 2008 capital budget; and 3 That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously -AND- Andrew Howcroft, appreciated the opportunity to update Council on the project. Mr. Howcroft introduced Donna Mantesso, President, Dan Santin, David Jovanovic, members and players Krystina Ruml and Aliya Aziz. A cheque for $100,000 was presented to the City It represents the first installment towards the artificial turf, Niagara United Soccer Club PLANNING MATTERS PD- 2008 -46 AM- 46/2006, Official Plan and Zoning By -law Amendment Application Oakwood Drive, South of McLeod Road, Applicant: Oakwood Place Shopping Centre Inc. (Joshua Kaufman), Agents: Mary Bull, Wood, Bull LLB, Glen Scheels, SPS Group, Proposed Major Commercial Development Shopping Centre) The Director of Planning and Development reviewed the recommendations and provided the following information small retail stores. 6 May 26, 2008 Council Minutes A number of site specific development standards are proposed and/or recommended as follows: a building setback from Oakwood Dr. to 6m (19 7 ft) for the small ancillary buildings proposed. A setback for the re- oriented WaI -mart and Home Improvement store to12 m (39.4 ft) building setbacks on Parcel 1 from OPG lands to approximately 2m (6.5 ft) is acceptable provided OPG has no concerns. A minimum landscaped open space standard of 15% of the lot area with 6m (19 7 ft) wide landscaped strips along Oakwood Dr A required parking ratio of 1 space per 18 sq m (194 sq ft) of floor area to 1 space per 23 sq m (248 sq ft) Staff believes this will assist in achieving the required on -site landscaping and on -site transit facilities. An increase in building lot coverage to 35% of the lot area is supported provided the minimum landscaped open space is provided. Open storage to allow the storage of home improvement products and sporting goods in a screened enclosure will be permitted, in addition to the storage of garden supplies, now permitted. Open storage is incidental to the additional requested uses and is not expected to have visual impacts as long as a properly designed enclosure is provided, This will be detailed at the site plan stage Conclusion The proposed Official Plan amendment to permit the development of a shopping centre on the land is in general conformity with the objectives of the Official Plan for the following reasons: The addition of a department store on the land will provide an anchor to strengthen the Niagara Square Retail district. The proposal is suitable for the site and compatible with adjacent land uses. The proposal is supportable from a market standpoint. Provided necessary improvements are made to the surrounding road network, the infrastructure can support the development. The proposal, along with enhanced landscaping provides for acceptable design features. The amending zoning bylaw will regulate the size and use of the buildings on the property and the development components, and will provide acceptable development standards. Recommendation That Council approve the Official Plan and Zoning Bylaw amendment application to permit a shopping centre development on the land, subject to the standards recommended in this report. That the applicant enter into the necessary development agreements with the City and the Region to provide the required road upgrades outlined in this report, prior to development occurring. Joel Farber, solicitor for RRVP Niagara Square Inc, owner of the Niagara Square Shopping Centre requested that Council defer consideration of this application. He believed that existing approved developments should be given an opportunity to proceed before new developments are given approval. In addition, he felt that the 15,000 square foot minimum sizes proposed for Phase 2 should be set out in the by -law for Phase 1 Niagara Square is concerned that they have capacity for smaller sized stores and their facility should be filled before other similar sized developments are given approval. Mr. Farber outlined the issues with the Ministry of Transportation regarding who should be responsible for overpass/ on ramp improvements at the highway interchange. -7- May26,2008 Council Minutes John Sorokolit, Consulate Ventures Inc., Mississauga, advised that they are the owners of the 1.5 acres immediately north of the subject land fronting onto Oakwood Drive and the former owners of the parcels of the application He advised that they are opposed to the proposed site plan which would have the back of the Wal -Mart facing their property He would like to see a change to the orientation of the building James Amadio, owner of JellyStone Niagara Camp Resort, 8676 Oakwood Drive, advised that he is not opposed to the development but expressed his concerns with the possible traffic congestion during the construction phases, especially during the summer He requested that they be kept informed of disruptions to traffic flow. Luciano Butera, owner of KIA dealership on Oakwood Drive, advised that he and his family are in full support of this application. They believe it will increase traffic and have a positive impact on the area, surrounding businesses and nearby housing development. Elaine Sui, Land Development Associate, SmartCentres, outlined the project team members. Glen Scheels, GSP Group, reiterated that the developer could go ahead with development on the site based on current zoning They could not, however, develop multiple uses in one floor area. He outlined the studies that had been completed and the economic impact. The development will strengthen the commercial node. Other issues outlined will be dealt with during site plan. The developer has agreed to the proposed orientation The Public meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Wing that the recommendation report be approved with the amendments that staff work with developer mitigating impacts related to the orientation of the building on the adjacent property, and that the adjacent neighbouring property be included in the site plan process. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Fisher that staff investigate the idea of the money allocated for development of the bike lane be considered for development of the Millennium Trail, west of the canal, instead. Carried Unanimously PD- 2008 -51 26CD -11- 2008 -04, Draft Plan of Vacant Land Condominium, 3232 Montrose road East Side), Opposite Matthews Drive, Owner: 1736194 Ontario Limited Fred Sacco The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to register a Vacant Land Condominium over the 3.42 ha (8.45 ac) site to create vacant Tots for the future construction of 70 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Public Meeting Recent revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting Recommendation That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Vacant Land Condominium. May 26, 2008 PD- 2008 -46 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraFalls CANADA The recommendation(s) contained in this report were adopted as amended by City Council Re: PD- 2008 -46 AM- 46/2006, Official Plan and Zoning By -law Amendment Application Oakwood Drive, South of McLeod Road Applicant: Oakwood Place Shopping Centre Inc. (Smart Centres Joshua Kaufman) Agents: Mary Bull, Wood, Bull LLB, Glenn Scheels, GSP Group Proposed Major Commercial Development (Shopping Centre) 1. That Council approve the Official Plan and Zoning By -law amendment application to permit a shopping centre development on the land, subject to the standards recommended in this report. 2. That the applicant enter into the necessary development agreements with the City and the Region to provide the required road upgrades outlined in this report, prior to development occurring. 7h s.i- deu r work wt 1lt -the- ele� r4t4 9g,9A r+o t �s r�ka.` 40 or t{n -�a`ho v� �s' BACKGROUND: bu,IldtrN on the add. proper �,So -ce.nf .)hbo ()meet bc. lr .A dp L In s%ie plain Process Oakwood Place Shopping Centre Inc. (SmartCentres Joshua Kaufmann) has requested amendments to the Official Plan and the Zoning By -law for two parcels of land located on Oakwood Drive, south of McLeod Road as shown on Schedule 1. Parcel 1 is 5.54 hectares (13.7 acres) in area, while Parcel 2 is 8.47 hectares (20.9 acres) in area. Parcel 3 is not subject to this application and is proposed to be severed from Parcel 2 through a future severance application. The applicant is proposing to develop a 40,000 square metre (430,570 square foot) shopping centre on the lands, including a 13,500 to 20,500 square metre (145,300 to 220,668 square foot) new prototype Wal -Mart department store, a 4,800 to 14,000 square metre (51,668 to 150,700 square foot) home improvement store, up to 7,000 square metres (75,350 square feet) of smaller retail stores, personal service shops, commercial services, restaurants, auto e services, recreational and entertainment uses, and accommodations (hote «»»ry'�' motel), on Parcels 1 and 2, as shown on 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 wwwniac arafalls.ca Community Services Department Working Together to Serve Our Community Planning Development May 26, 2008 2 PD- 2008-46 The subject lands are designated Tourist Commercial in the Official Plan. The applicant is proposing to develop the lands with uses that would reinforce the Niagara Square Retail District as a regional commercial district. To reflect this change the designation of the lands is requested to be changed to Major Commercial, with special policies to guide the proposed development. The subject lands are zoned Tourist Commercial (TC) by Zoning By -law No. 79 -200. A variance application approved by the Committee of Adjustment in 1990 would permit a factory outlet mall to be developed on Parcel 2. The applicant is requesting the zoning of the lands to be changed to a site specific Planned Shopping Centre Commercial (SC) zone to permit the proposed shopping centre development. The requested zoning provisions involve reductions to the required building setbacks, an increase in lot coverage, maximum and minimum floor areas to reflect the proposed development and the establishment of site specific parking, landscaping and loading requirements. Surrounding Land Uses and Site Conditions The lands are located to the southeast of the Queen Elizabeth Way (QEW) and McLeod Road interchange. A McDonalds restaurant, a Petro Canada gas station and some vacant land exist between the subject lands and McLeod Road to the north. The Niagara Square shopping centre and other commercial uses lie to the west, on the opposite side of the Queen Elizabeth Way. Commercial and industrial uses exist to the south. The Ontario Power Generation (OPG) canal and related lands are located on the opposite side of Oakwood Drive to the east. The only substantial feature on the lands is a watercourse on Parcel 2, which runs west to east and drains into the OPG canal. Circulation Comments Regional Municipality of Niagara The Regional Policy Plan permits new commercial development which does not produce an oversupply or an inequitable distribution of shopping facilities. In general, the proposal is in keeping with the objectives and policies of the Regional Policy Plan. The proposed development is generally consistent with Provincial policies, will provide additional retail choice for residents and should provide for additional employment opportunities. The developer will be required to contribute half the cost of the McLeod Road (Oakwood Drive) intersection improvements including dual left turn lanes from westbound McLeod Road to southbound Oakwood Drive. A detailed stormwater management plan will be required, in accordance with Ministry of Environment guidelines. Parks, Recreation Culture A landscape plan and a street tree planting plan is to be submitted at the site plan stage for the City's approval. Street trees will be required to be planted to the satisfaction of the City's Forestry Section. May 26, 2008 3 PD- 2008 -46 Municipal Works The development of the property will require some extensive road improvements involving City and other jurisdictional approvals. Transportation Services Fire Services Building Services The development will generate the need for additional lanes within Oakwood Drive. Typical City standards would require a right -of -way width of up to 34 metres (112 feet). The applicant has proposed a reduction in certain boulevard standards which do not impact on traffic or pedestrian circulation. These alternatives are acceptable with some modifications. Road widenings of up to 4 7 metres (15.4 feet) wide are required on the subject lands and adjacent properties to the north. A reduction in parking standards to 1 space per 23 square metres of floor area can be supported as it is in keeping with accepted traffic standards. A transit terminal, at the south end of Parcel 1 opposite the Wal -Mart store exit, is requested to provide adequate service to shoppers. This terminal would include a transit lay by and shelter. No objections. Adequate fire access and fire protection will need to be demonstrated at the site plan stage. All required Building Permits to be obtained prior to commencement of construction. Ministry of Transportation The Ministry is in agreement with the proposed stormwater management principles. A detailed stormwater management report and servicing plan is required and should address how the QEW will be protected from stormwater impacts and flooding. A 14 metre (46 foot) wide strip of land along the QEW is to be protected for future highway widenings. Niagara Peninsula Conservation Authority No objections, in principle, to the proposed enclosure of the watercourse which flows through Parcel 2, provided adequate habitat compensation is provided on a site yet to be determined. No objections to directing stormwater to the adjacent Power Canal. Stormwater quantity measures are not required. The use of oil grit separators for stormwater quality management are acceptable. Further details will be reviewed at the site plan stage. May 26, 2008 Planning Analysis 4 PD- 2008 -46 Applications to amend the Official Plan are to be evaluated to ensure the proposal conforms with the general objectives of the Plan, the land is suitable for the proposed use and is compatible with adjacent uses, the need for and market feasability of the proposed use has been demonstrated, infrastructure necessary for the project is adequate or is available, the site design is acceptable, and the proposed zoning standards are appropriate. 1. The proposal conforms to the general objectives of the Official Plan. The lands are designated Tourist Commercial in the Official Plan. Given their exposure to the QEW and their accessibility to the traveling public, the Official Plan recognizes them as being well suited for tourist commercial development of a highway service nature. The Official Plan establishes a hierarchy of commercial districts, seeks to strengthen existing commercial areas and attempts to recapture retail dollars leaving the City. Major commercial districts are at the top of this hierarchy and are to provide a full range of retail and commercial outlets. The Niagara Square Retail District is to be promoted as a regional shopping district providing the widest range of retail shopping. The applicant has requested the lands be redesignated to Major Commercial and to become part of the Niagara Square Retail District. The Official Plan requires market area studies for significant commercial developments to avoid an overbuilt market. The proposal meets the general objectives of the Official Plan as follows: The proposed development will assist in strengthening the Niagara Square Retail District in its role as a regional retail shopping district. This district is intended to be anchored by Niagara Square including major and junior department stores. However, Niagara Square is no longer anchored with a department store. The addition of a large department store will assist the district in providing additional shopping opportunities and thereby help to strengthen its role. The other stores and services will assist providing the full range of retail and commercial outlets expected in this District to meet resident's needs. The applicant has demonstrated, through a market impact study, that the development will assist in recapturing some of the retail dollars that are currently leaving the City. It should be noted that many of the uses contemplated in the proposed development are permitted under the Tourist Commercial designation that currently applies to the lands. The proposal does not involve the establishment of new commercial lands, rather it steers the retail outlets to serve the local population and to strengthen the Niagara Square node rather than primarily serving the travelling public. May 26, 2008 5 PD- 2008 -46 2 The land is suitable for the proposed use and is compatible with adjacent uses. The lands are suited for large scale commercial development, given their visibility and easy access from the QEW and McLeod Road. As well they provide for the only logical expansion of the Niagara Square Retail District that can accommodate a development of this size. High quality design features and landscaping should be incorporated into the development to provide a signature gateway into the City. Adjacent properties are used for commercial and industrial purposes and are not expected to be impacted by the proposed development. The form of the proposed development is considered to be compatible with adjacent uses. The NPCA has accepted in principle the enclosure of the watercourse on Parcel 2. 3. The need for and market feasability of the proposed use has been demonstrated. In order to avoid an overbuilt market the Official Plan requires new commercial development to be justified by a market demand analysis The applicant has submitted a Market Demand and Impact Analysis, prepared by Malone, Given, Parsons Ltd., which has been peer reviewed for the City by Joseph Urban Consultants Ltd. (JUC). The findings and the recommendations of the studies are summarized below: (a) Department Store The Wal -Mart store which currently exists on Morrison Street is proposed to be closed and expanded into a 20,500 square metre (220,700 square foot) facility on the subject lands. The new store will include a full grocery component, with a floor area of about 4,200 square metres (45,000 square feet). JUC concludes the following: The relocation of the Wal -Mart Store to this site will provide a department store anchor that will strongly reinforce the Niagara Square node. The new store is projected to have a short term impact on the remaining department store sales in the City (Zellers on Morrison Street) but sales should recover by the year 2014. JUC also noted that Zellers should also be assisted by the elimination of a direct competitor (Wal -Mart) across the street. Additional grocery facilities are needed in the southwest part of the City The analysis by Malone Given Parsons suggests that the proposed grocery facilities on the subject land, along with two other planned supermarkets (Zehrs /Supercentre on Dorchester Road at Highway 420 and a supermarket on the northwest corner of Montrose Road and McLeod Road) can enter the market without closure of any supermarket facilities. May 26, 2008 6 PD- 2008 -46 It is recommended the Official Plan and Zoning By -law amendments require a minimum department store floor area of 13,500 square metres (145,000 square feet) to ensure the Niagara Square node has a department store of a sufficient size to act as an anchor. Currently a supermarket of an unlimited size can be developed on the lands. To control the size of grocery facilities on the lands it is recommended that they be restricted to within the department store as proposed. (b) Home Improvement Store The site plan shown on Schedule 2 illustrates a 10,000 square metre (108,000 square foot) home improvement store on Parcel 1. The applicant is actually proposing this home improvement store to be built in the range of 4,800 to 14,000 square metres (51,668 to 150,700 square feet). The final floor space will depend on the tenant that leases the space. JUC indicated there will be a degree of sales transfers from other home improvement stores, but no closures are anticipated. The consultant also suggested that while a 14,000 square metre home improvement store is supportable, there may be greater market support for a smaller 10,200 square metre (110,000 square foot) store. It is recommended that the Official Plan and Zoning By -law amendments permit a home improvement store in the range of 4,800 to 14,000 square metres (51,668 to 150,700 square feet). (c) Specialty Retail In the first phase the applicant is proposing up to 7,000 square metres (75,350 square feet) for retail stores specializing in specific types or groupings of merchandise on the subject lands. If the home improvement store does not materialize, the applicant is proposing to develop an additional 8,400 square metres (90,000 square feet) for specialty retail stores as a second phase. JUC has reviewed the market findings and concluded that a limited amount of ancillary specialty retail floor space (up to 7,000 square metres or 75,350 square feet) could be developed on the site without adversely impacting the inventory of vacant or undeveloped retail floor space that exists in the City. The proposed Official Plan amendment (attached as Appendix "A will limit the development to 7,000 square metres of specialty retail. The policies will also allow Council to consider an additional 8,400 square metres (90,000 square feet) of specialty retail after January 1., 2011, if substantiated by a market study. This phasing is necessary to give other nodes and retail space a chance to develop, including the undeveloped lands on the north side of McLeod Road opposite Niagara Square and the proposed Zehrs development as well as remerchandizing the vacated Wal -Mart space. To further protect other Major Commercial areas which have an inventory of smaller retail units, the draft policies also will require this specialty retail have a minimum floor area of 1,390 square metres (15,000 square feet) per unit. May 26, 2008 7 PD- 2008 -46 4. The proposal will require additional road improvements, The magnitude of traffic this development will generate was not anticipated by the Official Plan. Improvements to Oakwood Drive and McLeod Road are required to facilitate the expected volume of traffic. Various new developments along McLeod Road (including the subject proposal, other expansions to the Niagara Square node, the convention centre and a significant number of new residential units) has triggered a review by the Region to determine necessary improvements required to the entire McLeod Road corridor. The Official Plan designates Oakwood Drive as a collector road with a 23 metre wide right -of -way. The traffic expected to be generated by this development will require Oakwood Drive to be widened up to four lanes in front of the site, along with additional turning lanes into the development and at the intersection of Oakwood Drive and McLeod Road (dual left turn lanes at the Oakwood Drive /Mcleod Road intersection). Typical City development standards would require Oakwood Drive to be up to 34 metres (112 feet) wide to accommodate all these lanes. No additional widenings will be required south of the site where the road design will taper down to two lanes. The applicant has voiced concern about the size of this right -of -way, noting it may affect the development potential of Parcel 2, and has presented Municipal Works with options to reduce boulevard sizes. City staff reviewed the concepts and can support certain alternatives. The alternative standards would reduce the required Oakwood Drive right -of -way from 34 metres to 28.5 metres (94 feet) at McLeod Road and a right -of -way of 25.1 metres (82 3 feet) at the north edge of Parcel 2. As land on the east side of Oakwood Drive is not expected to be developed, the reduced standards can be accepted. Although the Official Plan typically requires road widenings to be taken from both sides of a road, development constraints on the east side of Oakwood Drive (owned by Hydro One Networks) may make it difficult to obtain land on this side for widenings. As such, the entire road widening (until the westward bend on Oakwood Drive) may need to be acquired from the west side. The developer will be required to enter into the appropriate development agreements to build and to contribute to the construction of the necessary road improvements, including dedicating or obtaining the appropriate amount of land for the widenings. As noted in the comments from the Region, the applicant will be responsible for 50% of the improvements to the Oakwood Drive /McLeod Road intersection, including the construction of additional lanes and the changes to the traffic signals. The Region is initiating an Environmental Assessment of the McLeod Road corridor to address infrastructure improvements generated by the new developments in the area including the subject development. Through this process cost sharing agreements will need to be negotiated and executed by this developer and others along the McLeod Road corridor and the Region. The subject development will be required to contribute toward these improvements. May 26, 2008 8 PD- 2008 -46 5. The proposed site design is acceptable with enhanced landscaping. Originally the applicant had designed the project with the department store facing the QEW, with the rear loading and service areas exposed to Oakwood Drive. Having loading and garbage facilities facing Oakwood Drive is unattractive and would have a significant negative impact on the streetscape of Oakwood Drive. The applicant has since reoriented the building to face south, with the loading and service areas on the north side of the property and away from street frontages. As well as significantly improving the development's appearance to the public, it reduces the building's massing along Oakwood Drive It is recommended the amending by -law secure this reorientation by requiring loading and service areas to be located away from the street frontage The applicant has requested building setbacks from the street be reduced from the current 18 metre (59 feet) requirement to as low as 6 metres (19.7 metres) given the road widening and landscaping requirements. Although the 18 metre setback is a typical requirement for other major commercial developments, this reduction is acceptable for the smaller satellite buildings, as their lower height and smaller massing will not impact on the streetscape. Outdoor patios associated with restaurants could project onto a portion of this setback area The larger buildings have much larger massing and will crowd the street if located too close. The reorientation of the Wal -Mart building has reduced its massing along Oakwood Drive by 50 A reduction in the WaI -Mart building setback to 12 metres (39.4 feet) is acceptable as long as significant landscaping strips along Oakwood Drive are provided to buffer the street from the development. The City's planning program in recent years with major commercial developments has been to require at least 15% of the lot area to be landscaped open space, with 6 metre (19.7 foot) wide landscape strips along street frontages. These enhancements are to mitigate the impacts of the large buildings and parking areas found in these commercial developments. With the reductions in the road allowance widths (discussed above) it is essential these minimum landscaping standards are provided to ensure abutting street frontages are screened and provide for snow storage and ensure snow is not plowed onto City sidewalks which will abut the property due to reduced road right -of -ways. The balance of the landscaping should be provided throughout the site, in the form of treed traffic islands offering shade and walkways to improve pedestrian circulation. The bus stop /layby requested by Transportation Services on behalf of Niagara Falls Transit should be further reviewed at the site plan stage. 6. The proposed zoning, with the landscaping and setback regulations discussed above, is appropriate. The TC zoning of the lands permits a range of retail outlets, including food, clothing, souvenir, liquor and drug stores and bakeries, all without caps on floor area. The current zoning also allows other retail stores up to an aggregate floor area of 7,060 square metres (76,000 square feet). May 26, 2008 The applicant has requested an SC zoning be applied to the property, with site specific provisions tailored to permit the development. The site specific zoning would add a home improvement store as a permitted use. A car rental establishment, a hotel, a motel and a place of worship, appropriate ancillary uses that do not conflict with any uses on the site or adjacent uses, are also requested to be added as permitted uses As discussed earlier, a supermarket would be prohibited on the site. The proposed zoning by -law will limit the shopping centre to a maximum of 40,000 square metres (430,570 square foot), as well as restrict the Wal -Mart to between 13,500 and 20,500 square metres (145,300 to 220,668 square feet), the home improvement store to between 4,800 and 14,000 square metres (51,668 to 150,700 square feet) and permit up to 7,000 square metres (75,350 square feet) of smaller retail stores. A number of site specific development standards are proposed and/or recommended as noted below: 9 PD- 2008 -46 Reducing building setbacks from Oakwood Drive to 6 metres (19.7 feet) is acceptable for the smaller ancillary buildings proposed. A reduced setback for the reoriented WaI -Mart and Home Improvement store to 12 metres (39.4 feet) is also acceptable. The amending by -law should prohibit loading and garbage facilities adjacent to a street for this building. Reducing building setbacks on Parcel 1 from OPG lands to approximately 2 metres (6 5 feet) is acceptable provided that OPG does not have any concerns. A minimum landscaped open space standard of 15% of the lot area, with 6 metre (19.7 foot) wide landscape strips along Oakwood Drive, is essential to offset the large parking and building areas and the reduced boulevard standard. A reduction in required parking from 1 space per 18 square metres (194 square feet) of floor area to 1 space per 21 square metres (226 square feet) of floor area was requested by the applicant. Staff can support a further reduction to 1 space per 23 square metres (248 square feet) in accordance with accepted industry standards. This lower standard will assist in achieving the required on -site landscaping as well as the requested on -site transit facilities. The establishment of site specific loading space requirements reflects the need of specific users and is not expected to impact on surrounding streets. An adjustment to permitted open storage standards is requested to allow the storage of home improvement products and sporting goods in a screened enclosure, in addition to the storage of garden supplies now permitted. Open storage is incidental to the additional requested uses and is not expected to have visual impacts as long as a property designed enclosure, as detailed through site plan control, is provided. To provide flexibility in site design, the applicant has requested an increase in building lot coverage, from 25% of the lot area to 35 This increase is offset by the reduction in parking area created by the lower parking standard. Provided the minimum landscaped open space as discussed above is provided the increase in coverage is acceptable. May 26, 2008 -10 PD- 2008 -46 CONCLUSION: 1. The proposed Official Plan Amendment to permit the development of a shopping centre on the land is in general conformity with the objectives of the Official Plan for the following reasons: Recommended by: Approved by: Respectfully submitted: The addition of a department store on the land will provide an anchor to strengthen the Niagara Square Retail District. the proposal is suitable for the site and compatible with adjacent land uses. The proposal is supportable from a market standpoint. Provided necessary improvements are made to the surrounding road network the infrastructure can support the development. The proposal shown on Schedule 2, along with enhanced landscaping, provides for acceptable design features. 2. The amending zoning by -law will regulate the size and use of the buildings on the property and the development components, and will provide acceptable development standards. A.Bryce:yb Attach. S: \PDR\2008 \PD- 2008-46, AM- 46 -06, Oakwood Drive South of McLeod Rd, Oak.wpd Alex Herlovitch, D' ector of Planning Development E)t). Ed Dujlovic, xecutive Director of Community Services acDonald, Chief Administrative pJfficer Subject Land SCHEDULE 1 LOCATION MAP IAN DR S E RD MCLEOD RD 11 11 111 "111 Parcel 3 .1' mom mem mum ow. Parcel 2 Parcel 1 frA Location: Oakwood Drive Amending Zoning By -law No. 79 -200 Applicant: Oakwood Place Shopping Centre Inc. 1:NTS AM- 46/2006 K: \GIS Requests \2006\ScheduleaaoningAM\AM 464naPPing•m8P April 2008 THE QUEEN ELIZABETH WAY 1 I •aryy •I- V I 1 II HE QU Z A PETH iv (ID CD 11111111111111 1 G+lIllilflllllllllllll{Ill a Mil b lJ111111111 j '1111111111111111111111111111 0111111111111110 NI 11111111111 (IlI111111111111 IIII i, i01 0111P,11i11 111f( II1111( if(Ilfiflill011IIII ►11 •1 1 0{11 iii1i111111111111111f1f11f919 1 I.f-01 J 110 T r_ c p 9. a �f:0 f,:,::.1 I I np iIIIIUllll11f11(111111hh�{ 1 U II JIIlIt1 u r 11111,,,b 011111 i illiifilf11llim i 0111lIIIIIU11101 I `l i,„„ I 1 �►1111�h1•111111r QIIIIII If1111�1111111111111110 0I1111111111ili0 1 l 1 i 1 L1(111111111011 (1(1111111111� Q11!Ill 111f11411h111111111110 1111111111111111111111111 I} 1111 111111111 111111 11111t1111111111111111111111tf r* 11111111 Z III 1111111111111`I11I110 4.4) 1 t1. U)111I1I 1IU1111111V(111111111( L _OT OG DRI VE_ 1 I PART 2 BODY OF THE AMENDMENT Appendix "A" All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No._ to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. shall be redesignated from Tourist Commercial to Major Commercial on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 3 COMMERCIAL is amended by: i) renumbering policy 3.2.3.3 to 3.2.3.4; and adding the following new policy: "3.2.3.3 The land within the southeast quadrant of McLeod Road and the Q.E.W. shall be developed to reinforce the Niagara Square Retail District as a regional commercial district. A shopping centre is planned for this quadrant having a total gross leasable floor area of approximately 40,000 square metres. The shopping centre is generally comprised of two parcels of land located on the north and south side of Oakwood Drive. The permitted uses include a department store, a home improvement store, retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. A free standing supermarket is not permitted. Each parcel is to be anchored by a large retail outlet or use or a grouping of medium sized retail outlets The balance of the floor area on each parcel is to be comprised of smaller retail outlets, personal service shops, services and restaurants To this end, the implementing zoning by -law will include minimum and maximum gross leasable floor areas for many of the permitted uses. The development of the shopping centre shall be phased in order to ensure that prevailing market conditions, the health of other planned commercial development in this district and other districts throughout the City are properly considered before the composition of outlets is allowed to change. To ensure the shopping centre develops as planned: H:IBODY OAKWOODPLACB.wpd 2 i) The first phase of development shall include a department store with a minimum floor area of 13,500 square metres and a maximum floor area of 20,500 square metres on one of the parcels, may include a home improvement store with a minimum floor area of 4,800 square metres and a maximum floor area of 14,000 square metres on the other parcel, and may include up to a combined maximum aggregate floor area of 7,000 square metres for small retail stores on both parcels Personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations will not be limited on either parcel; and A second phase of development may be considered through a zoning amendment application after January 1, 2011, if supported by a Market Impact Study. This phase may allow an additional maximum floor area of 8,400 square metres within the 40,000 square metre shopping centre to be developed for general retail purposes, with a minimum individual retail store size of 1,390 square metres. CITY OF' NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No.79 -200, to permit a shopping centre development on the north and west sides of Oakwood Drive THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets B6 and C6 of Schedule "A" to By -law No 79 -200 are amended by redesignating from TC to SC and numbered 832, the land on the north and west sides of Oakwood Drive, being Pt Twp Lt 178 Stamford; Pt Twp Lt 187 Stamford Pts 6 and 7, 59R11584, T/W R0775517; Niagara Falls and shown hatched and designated SC and numbered 832 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1 and sections 4.20 1, 8 4.1 and 8.4.2 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 SC and numbered 832 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for one or more of the uses listed in section 8.4.1 of By -law No. 79 -200, plus the additional permitted uses and required use listed below, and except in compliance with the following regulations: (a) Additional permitted uses (b) Required use Department store or home improvement store (c) Prohibited uses Freestanding supermarket having a floor area greater than 1,860 square metres (d) Deemed lot (e) Minimum yard depth from any lot line abutting Oakwood Drive for any building or structure with a gross leasable floor area greater than 2,800 square metres Car rental establishment Hotel Motel Place of worship for the purpose of determining compliance with this by -law and By -law No. 79 -200, notwithstanding ownership, all the land described in section 1 of this by -law and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached hereto, shall be considered one lot, save and except for any part that may be required to be dedicated for the purpose of road widening 12 metres (f) Minimum yard depth from any 6 metres lot line abutting Oakwood Drive for any building or structure with a gross leasable floor area of less than 2,800 square metres (g) Minimum yard depth from any lot line abutting the Queen Elizabeth Way for any building or structure -2 (h) Minimum yard depth from the 3 metres north lot line for any building or structure (i) Maximum horizontal length of a 120 metres wall facing and within 30 metres of Oakwood Drive (j) Maximum lot coverage 35 (k) Maximum height of a building 18 metres subject to section 4.7 of By -law No. or structure 79 -200 (1) Maximum total aggregate gross 40,000 square metres leasable floor area on the land described in section 1 of this by- law and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008- and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached thereto (m) Maximum gross leasable floor 20,500 square metres area of a department store (n) Minimum gross leasable floor 13,500 square metres area of a department store (o) Maximum gross leasable floor 14,000 square metres area of a home improvement store (p) Minimum gross leasable floor area of a home improvement store 3 metres or Ontario Ministry of Transportation setback, whichever is lesser 4,800 square metres (q) Maximum total aggregate gross leasable floor area of all retail stores other than a department store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008- and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached thereto (r) Parking and access requirements for all uses, save and except for a hotel, motel, and place of worship (s) Parking and access requirements for a hotel, motel and place of worship (t) Minimum number of loading spaces (1) for a building or structure with a gross leasable floor area up to and including 2,300 square metres (ii) for a building or structure with a gross leasable floor area over 2,300 square metres but not exceeding 3,700 square metres (iii) for a building or structure with a gross leasable floor area over 3,700 square metres -3 7,000 square metres 1 space per 23 square metres of gross leasable floor area, in accordance with the parking space dimensions and access requirements contained in clauses (b) through to (h) of section 4.19.1 of By- law No. 79 -200 in accordance with section 4.19.1 of By -law No 79 -200 in accordance with section 4 20.1 of By -law No. 79 -200, except that the required number of loading spaces shall be as follows: none required 1 2 (u) (v) Open storage (w) Location of loading spaces, service areas and waste disposal areas for any building or structure with a gross leasable floor area greater than 2,800 square metres Minimum yard for an open storage use, as identified in clause (v) of this section 4 prohibited in any yard abutting Oakwood Drive no person shall use any land for the open storage of goods and materials, provided that this shall not apply to the storage of garden and sporting equipment and supplies, lumber and building materials in an outdoor shop or screened area operated as an accessory use to a retail store, department store or a home improvement store in accordance with clauses (e), (f), (g) and (h) of this section (x) Minimum landscaped open 15% of the lot area which shall include. space i) a 6 metre wide landscape strip along and adjacent to Oakwood Drive after any required dedication for the purpose of road widening, save and except for any driveways; and (ii) a landscape strip along and adjacent to the Queen Elizabeth Way where the Ontario Ministry of Transportation has prohibited locating buildings or structures 3. For the purposes of this by -law the following definitions shall apply: "Department store" means a retail store where a wide range of merchandise is sold, including but not limited to: general merchandise, drugs and medicines, food, wine, lottery products, and garden centre; and where a wide range of services may be provided, including but not limited to: photographic services, restaurant, including take -out and drive through facilities, optical services, medical, dental and pharmaceutical services, banking, financial and real estate services, telecommunications services, automotive rental, service and repair, gas bar, car wash, children's amusement facility, travel agency, and personal services. "Home improvement store" means a retail store devoted to the sale and /or rental from time to time of material, equipment, tools and supplies for home improvements including, lumber, building supplies and fixtures, lighting, kitchen and bath materials, supplies and fixtures, tools, plumbing supplies and fixtures, paint and wallpaper, decor and storage materials and supplies, flooring materials and supplies, wall, door or window coverings, paneling and ceilings, seasonal items including lawn mowers, snowblowers, barbecues, pool equipment and chemicals and nursery and landscaping plants, equipment and supplies, and may include ancillary retail sales including a restaurant and may include the sale of services related to the enjoyment, improvement or decoration of the home or to the use of any other goods sold in the store and garden centre Open storage may be permitted as an accessory use "Freestanding supermarket" means a retail store devoted to the preparation and sale of food which may include ancillary retail sales and services including, but not limited to, a florist shop, a pharmacy, home electronics, a wine shop, financial services, photo finishing, a coffee shop, home office supplies, clothing, housewares, a garden centre, a health centre and seasonal merchandise. 4 Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19 1.832 Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading Third Reading July 7, 2008 July 7, 2008 July 7, 2008 S \ZONING\AMS\2006\By-1 aws \Byam46- North.wpd 5 Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1 and sections 4.20.1, 8 4.1 and 8.4.2 of By -law No. 79 -200, no person shall use the land on the north and west sides of Oakwood Drive, designated SC and numbered 832 on Sheets B6 and C6 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. Applicant: SCHEDULE 1 TO BY -LAW No. 2008 Subject Land 1 MCLEOD RD 133.13 m j 29.m 15.39.m 215.8 m E 4 15.39.m/ 70.00_m 1.5 m A =90.6 m INN rn rn D m z n V) dnl z n m 11 OSE RD Al CANADIAN DR Assessment #s. 272511000205400 Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 178 Stamford; Pt Twp Lt 187 Stamford Pts 6 and 7, 59R11584, T/W R0775517; Niagara Falls Oakwood Place Shopping Centre Inc 1.NTS AM- 46/2006 K: \GIS_Requests\ 2006\ Schedules \ZoningAM\AM -46 \mapping.map June 2008 (a) Additional permitted uses (c) Deemed lot (d) Minimum yard depth from any lot line abutting Oakwood Drive for any building or structure with a gross leasable floor area greater than 2,800 square metres CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No 79 -200, to permit a shopping centre development on the south and east sides of Oakwood Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets B6 and C6 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from TC to SC and numbered 833, the land on the south and east sides of Oakwood Drive, being Pt Twp Lt 187 Stamford as in R0735420; S/T R0260293; Niagara Falls and shown hatched and designated SC and numbered 833 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4,19.1 and sections 4.20,1, 8.4.1 and 8.4.2 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 SC and numbered 833 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for one or more of the uses listed in section 8.4.1 of By -law No. 79 -200, plus the additional permitted uses listed below, and except in compliance with the following regulations: Car rental establishment Hotel Motel Place of worship Department store Home improvement store (b) Prohibited uses Freestanding supermarket having a floor area greater than 1,860 square metres for the purpose of determining compliance with this by -law and By -law No. 79 -200, notwithstanding ownership, all the land described in section 1 of this by -law and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached hereto, shall be considered one lot, save and except for any part that may be required to be dedicated for the purpose of road widening 12 metres (f) (g) Minimum yard depth from the east lot line for any building or structure Minimum yard depth from the west and south lot line for any building or structure (n) Minimum gross leasable floor area of a home improvement store (o) Maximum total aggregate gross leasable floor area of all retail stores other than a department 2 (e) Minimum yard depth from any 6 metres lot line abutting Oakwood Drive for any building or structure with a gross leasable floor area of less than 2,800 square metres 2 metres 3 metres (h) Maximum lot coverage 35 (i) Maximum height of a building 18 metres subject to section 4.7 of By -law No. or structure 79 -200 (j) Maximum total aggregate gross 40,000 square metres leasable floor area on the land described in section 1 of this by -law and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008- and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached thereto (k) Maximum gross leasable floor 20,500 square metres area of a department store (1) Minimum gross leasable floor 13,500 square metres area of a department store (m) Maximum gross leasable floor 14,000 square metres area of a home improvement store 4,800 square metres 7,000 square metres (p) (q) (r) store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008- and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached thereto Parking and access requirements for all uses, save and except for a hotel, motel, and place of worship Parking and access requirements for a hotel, motel and place of worship Minimum number of loading spaces (i) for a building or structure with a gross leasable floor area up to and including 2,300 square metres (ii) for a building or structure with a gross leasable floor area over 2,300 square metres but not exceeding 3,700 square metres (iii) for a building or structure with a gross leasable floor area over 3,700 square metres (s) Location of loading spaces, service areas and waste disposal areas for any building or structure with a gross leasable floor area greater than 2,800 square metres 3 1 space per 23 square metres of gross leasable floor area, in accordance with the parking space dimensions and access requirements contained in clauses (b) through to (h) of section 4.19.1 of By -law No 79 -200 in accordance with section 4.19 1 of By -law No. 79 -200 in accordance with section 4.20.1 of By -law No. 79 -200, except that the required number of loading spaces shall be as follows none required 1 2 prohibited in any yard abutting Oakwood Drive (t) Open storage (u) Minimum yard for an open storage use, as identified in clause (t) of this section 4 no person shall use any land for the open storage of goods and materials, provided that this shall not apply to the storage of garden and sporting equipment and supplies, lumber and building materials in an outdoor shop or screened area operated as an accessory use to a retail store, department store or a home improvement store in accordance with clauses (d), (e), (f) and (g) of this section (v) Minimum landscaped open 15% of the lot area which shall include: space (i) 3 For the purposes of this by -law the following definitions shall apply: a 6 metre wide landscape strip along and adjacent to Oakwood Drive after any required dedication for the purpose of road widening, save and except for any driveways, and (ii) a 3 metre wide landscape strip along and adjacent to the west lot line, save and except for any driveways "Department store" means a retail store where a wide range of merchandise is sold, including but not limited to general merchandise, drugs and medicines, food, wine, lottery products, and garden centre; and where a wide range of services may be provided, including but not limited to: photographic services, restaurant, including take -out and drive through facilities, optical services, medical, dental and pharmaceutical services, banking, financial and real estate services, telecommunications services, automotive rental, service and repair, gas bar, car wash, children's amusement facility, travel agency, and personal services. "Home improvement store" means a retail store devoted to the sale and /or rental from time to time of material, equipment, tools and supplies for home improvements including, lumber, building supplies and fixtures, lighting, kitchen and bath materials, supplies and fixtures, tools, plumbing supplies and fixtures, paint and wallpaper, decor and storage materials and supplies, flooring materials and supplies, wall, door or window coverings, paneling and ceilings, seasonal items including lawn mowers, snowblowers, barbecues, pool equipment and chemicals and nursery and landscaping plants, equipment and supplies, and may include ancillary retail sales including a restaurant and may include the sale of services related to the enjoyment, improvement or decoration of the home or to the use of any other goods sold in the store, and garden centre. Open storage may be permitted as an accessory use. "Freestanding supermarket" means a retail store devoted to the preparation and sale of food which may include ancillary retail sales and services including, but not limited to, a florist shop, a pharmacy, home electronics, a wine shop, financial services, photo finishing, a coffee shop, home office supplies, clothing, housewares, a garden centre, a health centre and seasonal merchandise. 5 4 Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19 1.833 Passed this seventh day of July, 2008. First Reading Second Reading: Third Reading: S \ZONING\AMS \2006 \By- laws\Byam46- South.wpd Notwithstanding the provisions of section 2 31, Table 1 of clause (a) of section 4.19.1 and sections 4.20.1, 8.4.1 and 8.4 2 of By -law No. 79 -200, no person shall use the land on the south and east sides of Oakwood Drive, designated SC and numbered 833 on Sheets B6 and C6 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR July 7, 2008 July 7, 2008 July 7, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Applicant: A =27.7 m Oakwood Place Shopping Centre Inc Assessment #s: 272511000205300 A =75.1 m 269.2 A =14 4 m 150.2 m m 0 0 0 0 Amending Zoning By -law No. 79 -200 Descnption: Pt Twp Lt 187 Stamford as in R0735420; S/T R0260293, Niagara Falls m o c 2 W I> m m m Z o —f n m N 1.NTS AM- 46/2006 K: \GIS_Requests\ 2006\ Schedules \ZoningAM\AM -46 \mapping.map June 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the commercial development of land on the east side of Drummond Road through to Portage Road, north of William Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from GC and numbered 690 to GC, the land on the east side of Drummond Road through to Portage Road, north of William Street, being Pt Twp Lt 90 Stamford, Pt 1 59R13204, Niagara Falls and shown hatched and designated GC on the plan Schedule 1, attached to and forming part of this by -law 2. By -law No 2005 -35 is repealed and section 19.1.690 of By -law No. 79 -200 is deleted. Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading; July 7, 2008 July 7, 2008 July 7, 2008 S \ZONING\AMS\2008 \By- laws \ByamOl wpd SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description. Pt Twp Lt 90 Stamford, Pt 1 59R13204, Niagara Falls Applicant: Kargo Properties Inc. Assessment #s• 272505000104900 K: \GIS_Requests \2008 \Schedules \ZoningAM\AM -11 \mapping. map Ame ding Zoning By -law No. 79 -200 1.NTS AM- 2008 -011 June 2008 A by -law to provide for the approval of Amendment No 83 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 83 to the City of Niagara Falls Official Plan is hereby adopted. Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading: Third Reading: July 7, 2008 July 7, 2008 July 7, 2008 CITY OF NIAGARA FALLS By -law No. 2008 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 83 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 83" shall be redesignated from Tourist Commercial to Major Commercial on Schedule "A" of the Official Plan. 2 TEXT CHANGE PART 2, SECTION 3 COMMERCIAL is hereby amended by: i) renumbering policy 3.2.3.3 to 3.2.3.4; and ii) adding the following new subsection: "3.2 3.3 The land within the southeast quadrant of McLeod Road and the Q.E.W. shall be developed to reinforce the Niagara Square Retail District as a regional commercial district. A shopping centre is planned for this quadrant having a total gross leasable floor area of approximately 40,000 square metres. The shopping centre is generally comprised of two parcels of land located on the north and south side of Oakwood Drive. The permitted uses include a department store, a home improvement store, retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. A free- standing supermarket is not permitted. Each parcel is to be anchored by a large retail outlet or use or a grouping of medium sized retail outlets. The balance of the floor area on each parcel is to be comprised of smaller retail outlets, personal service shops, services and restaurants. To this end, the implementing zoning by -law will include minimum and maximum gross leasable floor areas for many of the permitted uses. The development of the shopping centre shall be phased in order to ensure that prevailing market conditions, the health of other planned commercial development in this district and other districts throughout the City are properly considered before the composition of outlets is allowed to change. To ensure the shopping centre develops as planned: S \OFFICIAL.PLN\AMEND \#183 Oakwood Place \BODY_83 wpd 2 The first phase of development shall include a department store with a minimum floor area of 13,500 square metres and a maximum floor area of 20,500 square metres on one of the parcels, may include a home improvement store with a minimum floor area of 4,800 square metres and a maximum floor area of 14,000 square metres on the other parcel, and may include up to a combined maximum aggregate floor area of 7,000 square metres for small retail stores on both parcels. Personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations will not be limited on either parcel; and n) A second phase of development may be considered through a zoning amendment application after January 1, 2011, if supported by a Market Impact Study. This phase may allow an additional maximum floor area of 8,400 square metres within the 40,000 square metre shopping centre to be developed for general retail purposes, with a minimum individual retail store size of 1,390 square metres. MAP 1 TO AMENDMENT NO. 83 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Tounst Commercial Proposed Change To. Major Commercial KAGIS Requests\ 2006\ Schedules \ZoningAMNAM -06\mapping.map CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN INDUSTRIAL IIIIII MAJOR COMMERCIAL RESIDENTIAL TOURIST COMMERCIAL NOTE. This schedule forms part of Amendment No. 83 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 1.NTS AM- 46/2006 May 2008 By -law No. 2008- CITY OF NIAGARA FALLS A by -law to designate the property known as the All Saints Anglican Church, 5680 Robinson Street, being PIN 64350 -0160 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s. 29 authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and /or structures thereon, within the municipality, to be of cultural heritage value or interest; AND W EREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property on April 23, 2007 and has caused such notice of intention to designate to be published in The Niagara Falls Review, a newspaper having general circulation in the municipality, on April 25, 2007; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS an appeal was lodged against the designation; AND WHEREAS the appeal was subsequently withdrawn and the hearing dispensed with by the Conservation Review Board, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The property, more particularly described in Schedule "A" hereto, known as All Saints Anglican Church, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by- law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading July 7, 2008 July 7, 2008 July 7, 2008 SCHEDULE "A" TO BY -LAW No. 2008- Part Lot 2, s/s of Robinson Street, Plan 653 abstracted as Block 27 Village of Niagara Falls surface only; Part Lot 3 south side of Robinson Street, Plan 653 abstracted as Block 27 Village of Niagara Falls surface only, in the City of Niagara Falls, Regional Municipality of Niagara being all of the lands in PIN 64350 -0160 (LT). SCHEDULE "B" TO BY -LAW No. 2008- Description of Historic Place All Saints Anglican Church, built during the years 1854 -1856, is an excellent example of Gothic Revival style architecture in the tradition of the English parish church. Little altered from its original form, it holds a prominent position on a small knoll surrounded by a cemetery Heritage Value All Saints Anglican Church was built in the Gothic Revival style with the interior plan modeled on the medieval English parish churches and is clearly expressed on the exterior. The narthex is situated under the enclosed north porch, the long nave is sheltered under the steeply pitched gable roof and the chancel on the east end is indented from the nave. The low pyramidal- roofed bell tower is placed where the nave and chancel are joined. The arrangement of the front facade's westernmost bay, north entrance porch, middle bays, tower and chancel in succession from west to east makes for a massive appearance along Robinson St., although the church is really quite narrow in plan. The historical value of All Saints Anglican lies in its association with the following people. William Hay, a provincially important nineteenth century architect, the builder, William Russell, a locally prominent mason and businessman, as well as Reverends Leeming and Ingles, who were religious leaders in the Drummondville Community and the Province. The associated graveyard is the resting place for a number of prominent Drummondville citizens, including Ellen Murray, who donated the land for the church and cemetery, the Reverend Charles Ingles and all of his children and William Russell, the builder. All Saints Anglican Church continues as a prominent building in the community not only for its setting and architecture, but also for its association with the early social structure of the community and was a place of worship for many of the City's influential early families. The church is a recognizable symbol of the religious faith in the community and for the last 150 years has held an important place in the former community of Drummondville. Character Defining Elements Statement of Significance The cultural heritage value and interest of this property is contained in the 1856 Gothic Revival style church and the surrounding cemetery. The key heritage attributes of the church and include the following exterior and interior elements. Exterior elements: the style, form, massing and orientation of the rectilinear plan steep roof pitch low bell tower with 15001b Meneeley Bell surrounding cemetery indigenous limestone construction simple lancet windows simplicity of architectural detailing buttresses, pointed window arches, carved hoodmolds which terminate in foliate drip stops Interior elements: memorial stained glass windows (23) rood screen which separates the chancel from the nave exposed wooden rafters, characteristic of William Hays' designs stone baptismal font by George Armitage 12 rows of pews on the north side and 17 rows of pews on the south side, divided by centre aisle A by -law to authorize the execution of an Agreement with Giovanni Mussan and Rose Mussan, respecting the purchase of an easement, being Part 1 on Reference Plan 59R- 13252, 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 made between Giovanni Mussan and Rose Mussan and The Corporation of the City of Niagara Falls for the property described as part of Lot 35 Plan 197 Stamford designated as Part 1 on Reference Plan 59R- 13252, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents Passed this seventh day of July, 2008 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading July 7, 2008 July 7, 2008 July 7, 2008 CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this day of 2008. BETWEEN WHEREAS the parties have discovered that a storm sewer owned by the Transferee is partially Located on lands owned by the transferor; AND WHEREAS the rights of the Transferee to locate a storm sewer partially upon lands owned by the Transferor were never properly recorded in the land Registry Office; THE PARTIES TO THIS AGREEMENT hereby covenant and agree that for a total consideration of $10,500 00, reasonable legal fees up to $4,000 00 and the cost of postponements of two mortgages, the Transferor will convey to the Transferee an easement on the following terms: 1 This is an easement in gross. GIOVANNI MUSSARI and ROSE MUSSARI Hereinafter called the "Transferor" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "Transferee" OF THE FIRST PART OF THE SECOND PART 2. The Transferor hereby transfers, sells, grants and conveys in perpetuity to the Transferee, its successors, assigns, servants, agents, contractors and workmen, a free and unencumbered easement upon, under, along, over, across and /or through the lands described as Part of Lot 35 on Plan 297, being Part 1 on Reference Plan 59R- 13252, in the City of Niagara Falls, "the Easement Lands to enter, lay, construct, install, operate, maintain, inspect, alter, repair or replace any such municipal services or surface drainage works, including all other works as required by the Transferee "the Works together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to the Transferee, its successors, assigns, servants, employees, agents, contractors and workmen for ingress and egress at any time and from time to time over, along and upon the Transferor's lands abutting the Easement Lands on foot and/or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the easement hereby transferred. -2- 3 The easement described in paragraph 2 of this agreement shall be subject to the Transferor's nght to maintain upon the Easement Lands the garage and driveway appurtenant thereto constructed upon the Easement Lands pursuant to City of Niagara Falls Building Permit No. BP20070325. 4 The Transferee shall not disturb the garage and driveway described in paragraph 3 that when exercising its rights pursuant to paragraph 2. 5 Subject to the rights retained by the Transferor pursuant to paragraphs 3 and 4, the Transferee shall have the right at any time and from time to time to remove any boulder or rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on or under the Easement Lands. 6 Subject to the rights retained by the Transferor in paragraphs 3 and 4, the Transferor covenants to keep the land clear of all brush, trees and other obstructions save and except for the Works constructed together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment as may be necessary for the use of the easement. 7, The Transferor shall have the right to use and enjoy the surface of the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Transferee hereunder Without limiting the generality of the foregoing, and subject to the rights retained by the Transferor in Paragraphs 3 and 4, the Transferor shall not, without thc prior written consent of the Transferee, place, erect or permit the erection on the Easement Lands any building, structure, fence foundation, pavement or other obstruction of any nature whatsoever other than the existing garage and driveway and any replacement thereof so as to obstruct, hinder or prevent the exercise and enjoyment by the Transferee of its right hereunder other than the existing garage and driveway described in paragraph 2. Should any such obstruction or hindrance be placed upon the Easement Lands the Transferee, in addition to its other rights, may enter and remove same and shall not thereby render itself liable in damages to the Transferor 8 Notwithstanding any rule of law or equity, the Works constructed by the Transferee together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Transferee even though the same may have become annexed or affixed to the Easement Lands. 9 The Transferee shall have thc absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party 10. The Transferor shall have the right to assign or transfer its rights hereunder in whole or in part without giving notice to the Transferee. 1 1 The Transferor covenants that; SIGNED, in -3- subject to the foregoing it has the right to convey this easement and right to enter to the Transferee, ii. the Transferee shall have quiet enjoyment of the nghts, easement and right hereby transferred, iii. the Transferor or its successors and assigns will execute such further assurances and do such other acts (at the Transferee's expense) as may be reasonably required, and iv the Transferor has not done, omitted or permitted anything whereby the title to the Easement Lands is or may be encumbered (except as the records of the Land Registry Office disclose) prior to granting this easement to the transferee and reserves the right to encumber the title to the easement lands subsequent to the closing of the grant of this easement. 12. This transfer shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. The Transferor hereby agrees that all provisions herein are reasonable and valid and if any provision herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and shall not affect or impair the validity of all other provisions, IN WITNESS WHEREOF the Transferor Hereto has hereunto set their hands and seals and the Transferee has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. LED AND DELIVERED esence. of Name: Giovanni Mussari Name: Rose Mussari TIM CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authonze the execution of an Agreement of Purchase and Sale with Hodan Investment Corporation respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13060, in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated July 7, 2008 and made between Hodan Investment Corporation and The Corporation of the City of Niagara Falls for the property described as Part of Block F, Plan 5 Township of Stamford designated as Part 1 on Reference Plan 59R- 10360, 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 attached hereto, is hereby approved and authonzed. 2 The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents Passed this seventh day of July, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading Second Reading Third Reading July 7, 2008 July 7, 2008 July 7, 2008 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE CITY OF NIAGARA FALLS, 1. OFFER TO PURCHASE (the "Purchaser HODAN INVESTMENT CORPORATION, (the "Vendor The Purchaser hereby offers to purchase from the Vendor and the Vendor hereby agrees to sell to the Purchaser the lands located along Dorchester Road, Niagara Falls, Ontario, legally described in Exhibit "A and comprising approximately 0 0625 acres more or less, together with all easements, rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof (the "Property upon the terms, conditions and provisions set forth in this offer (the "Agreement 2. PURCHASE PRICE 2 1 The purchase price for the Property (herein called the "Purchase Price shall be $30,000 00 plus all reasonable legal fees and disbursements and reasonable administrative fees for discharge and /or partial discharges of mortgages (estimated at $250 00 per mortgage), in lawful money of Canada, payable as provided below This price reflects the Vendor's desire to assist the City with the Dorchester Road improvements. 2.2 Upon the acceptance of this Agreement, the sum of $3,000 00 shall be paid in cash or by certified cheque to Vendor's solicitor, in trust, as a deposit pending completion or termination of this transaction. The deposit shall be placed in interest bearing form with a chartered bank or trust company and interest earned thereon shall form part of the deposit The deposit and interest earned thereon shall hereinafter be referred to as the "Deposit" (he Deposit shall be held in trust pending completion or termination ot this Agreement and shall be paid to the Vendor on the Closing Date and the dill amount so paid shall be credited against the Purchase Price If this Agreement 15 terminated prior to the Closing Date the Deposit shall he forthwith returned to the Purchaser, without deduction 2 3 The balance ot the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustments to the Closing Date as provided in section 10 3. GOODS AND SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Pnce All GST shall be collected and remitted as required by law The Purchaser and the Vendor shall each provide the other with its respective current GST registration number The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to the proper authorities and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser, on or before the Closing Date, shall execute and deliver to the Vendor, a Declaration regarding GST in the form appended as Exhibit "B" The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST 4. CLOSING 4 1 The closing of the transaction shall take place on the 10th day following the expiration of the Due Diligence Period provided in section 5 hereof, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 410 p m. local time If such day is not a business day in Niagara Falls, Ontario, the Closing Date shall be the next following business day 4 2 The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form in accordance with this Agreement, at the expense of Vendor, and shall contain the appropriate statements regarding compliance with the Planning Act and with the Family Law Act 4 3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Ac!, R.S 0 1990, as amended, and the Electronic Registration Act, S 0 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, non- registerable documents and other items (the "Non- Registered Deli cries ,md the release thereof to Vendor and Purchaser may, at the discretion of each party's respectis e legal counsel (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in accordance with the teiiits of a document registration agreement between such legal counsel, which will be prepared by the Purchaser's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel 5. DUE DILIGENCE AND CONDITIONAL PERIOD 5 1 This Agreement shall be conditional until 5 00 p m., local time (a) on the 30`" day from final execution of this Agreement upon the Council of The Corporation of the City of Niagara Falls passing a by -law authorizing its execution of this Agreement and the purchase of the Property on the terms set out herein, if applicable, and if such by -law is required but is not passed, this Agreement shall be null and void and the Deposit shall be returned to the Purchaser without deduction and neither party shall be liable for any damages or costs, and (b) on the 30 day from final execution of this Agreement (the "Due Diligence Period to allow the Purchaser or its authorized representatives to complete the following (collectively, the "Due Diligence (i) To conduct such reasonable tests, inspections, examinations, investigations, enquiries and studies in respect of the Property as the Purchaser desires in its sole and absolute discretion, and to be satisfied with the results thereof, in the Purchaser's sole discretion, (ii) To be satisfied, in the Purchaser's sole and absolute discretion, as to the environmental condition of the Property, in accordance with section 5 4 below, (iii) To be satisfied, in the Purchaser's sole and absolute discretion, as to the title to the Property pursuant to section 6 below, (iv) To be satisfied, in the Purchaser's sole and absolute discretion, that the Property is zoned to permit the construction and the intended use of the Purchaser, that all means of ingress and egress to and from the Property comply with the regulations and requirements of all governmental authorities having jurisdiction, and that there are no municipal work orders, deficiency notices or notices of non compliance relating to the Property, the building or accessory buildings or users thereon, (v) To be satisfied, in the Purchaser's sole and absolute discretion, that it can complete its proposed development of the Property to the Purchaser's sole and absolute satisfaction at an economically feasible cost and within the Purchaser's projected time schedule 5.2 In order to assist the Purchaser in completion of the Due Diligence, the Vendor agrees to execute and deliver to the Purchaser forthwith upon acceptance of this Agreement, ten (10) copies of the Authorization in the form appended as Exhibit "C" 5 3 Vendor and Purchaser agree that the provisions of this section 5 shall not be interpreted to authorize an inspection of the Property by any governmental agency or authority, other than the Purchaser 5 4 The Purchaser and its authorized representatives shall conduct all the Due Diligence, including without limitation, such environmental and other tests, measurements or surveys in, on or below the Property, provided that the Purchaser shall do so (a) at its own expense, and (b) at its own risk, and (c) in compliance with all safety health, environmental and related laws and regulations The Purchaser shall restore the Property, so far as possible, to the original state in which the Property was before the Purchaser conducted its Due Diligence 5 5 The Due Diligence shall be in accordance with the provisions of section 5 4 and shall not unreasonably interfere with the use, operation and enjoyment by the Vendor of the Property 5 6 The Purchaser shall be allowed access to the Property immediately prior to the Closing Date to complete such further Due Diligence as may be advisable to determine independently that the condition and state of repair of the Property have not materially adversely changed since the Due Diligence Period, reasonable wear and tear excepted. It is a condition of closing, for the benefit of the Purchaser only, that there be no material adverse change to the Property during the time period between the end of the Due Diligence Period and the Closing Date The Purchaser covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned during and resulting from any Due Diligence of the Property conducted by the Purchaser or its authorized representatives 5 7 Notwithstanding and in addition to the Purchaser's rights under any other provision contained in this Agreement, the Purchaser shall have the right to terminate this Agreement by written notice to the Vendor at any time during the Due Diligence Period if the Purchaser, in its sole and absolute discretion, is not satisfied with the results of any of the Due Diligence In the event that the Purchaser terminates this Agreement as aforesaid, then this Agreement shall 5 8 The Purchaser has the right upon prior written notice to the Vendor delivered at any time prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period and/or the Closing Date for a period or periods not to exceed 180 days in the aggregate If the Purchaser so extends the Due Diligence Period and /or the Closing Date, all of the terms and conditions of this Agreement shall apply and adjustments shall be made as of the extended Closing Date 6. TITLE be of no further force or effect, the Deposit shall be retumed to the Purchaser, without deduction, and neither party shall have any obligation or liability to the other under this Agreement If the Purchaser fails to deliver such notice during the Due Diligence Period it shall be deemed to have waived the conditions contained in section 5 4 Furthermore, such conditions shall be for the sole benefit of the Purchaser and may be waived by the Purchaser at any time upon notice to the Vendor 6 1 On the Closing Date, the Vendor's title to the Property shall be 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 and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (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, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (c) any minor easements for the supply of domestic utility or telephone services to the Property or adjacent properties and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television Imes or other services which are acceptable to the Purchaser in its sole and absolute discretion, and which, in the Purchaser's view. do not adversely affect the intended use of the Property 6 2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with copies of surveys, declarations of possession and environmental reports in the Vendor's possession or control or other statutory declarations relating to the Property with originals to be delivered on the Closing Date 6 3 If within the Due Diligence Period and in addition to and without limiting the Purchaser's rights under section 5 hereof, the Purchaser shall furnish the Vendor in wnting with any valid objection to title or notice of any matter provided in section 5 hereof, or to the fact that the principal building may not be insured against risk of fire, and which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intermediate acts or negotiations, be null and void, the Deposit shall be returned to the Purchaser and neither party shall have any further obligation or liability to the other under this Agreement. 6 4 If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), chartered bank, trust company, credit union, caisse populaire or insurance company and which is not to be assumed by Purchaser on completion or which Vendor is required by this Agreement to discharge, is not available in registerable form on the Closing Date, Purchaser agrees to accept Vendor's solicitor's unqualified undertaking to obtain, out of the closing funds, a discharge in registerable form and to register same on title within forty -five (45) days after the Closing Date Vendor, prior to the Closing Date, shall provide to Purchaser an unqualified mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with an irrevocable direction executed by the Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on the Closing Date. 7.0 ENCROACHMENTS 7 1 The parties acknowledge that a holding tank and commercial signage (collectively, the "Encroachments are situated on property owned by the Vendor and adjoining the Property The parties agree that the Encroachments may remain on the Property after closing, on condition that the parties shall, on or before the Closing Date execute an Encroachment Agreement in the form attached as Exhibit "D" 7 2 The Purchaser shall settle any claims with the Vendor's Tenant Shell Canada Products 8.0 VACANT POSSESSION The Vendor represents and warrants that vacant possession of the Property will he delivered on the Closing Date, subject to article 7 and Exhibit D" 9.0 VENDOR'S REPRESENTATIONS AND WARRANTIES 9.1 The Vendor represents and warrants to the Purchaser that (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement, (b) there is no pending or threatened litigation of any type against or relating to the Property or which might impair the Vendor's ability to sell the Property, (c) the Vendor has not used the Property for, and as far as the Vendor is aware, the Property has never been used for, a waste or chemical disposal site, (d) the Vendor has not installed upon the Property any underground storage tank or facility for the storage or use of any Hazardous Substances (as defined below) and, as far as the Vendor is aware, it has no knowledge that any underground storage tank or facility for the storage or use of any Hazardous Substances exists upon the Property; (e) there are no outstanding work orders or deficiency notices or any other written notice from any authority advising of any outstanding breach of any law, by -law, code or regulation, (f) the Vendor is now and at the Closing Date will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; (g) the Vendor will at the Closing Date have full and absolute right and power to convey and transfer the Property to the Purchaser or cause to be conveyed or transferred to the Purchaser good and marketable title as provided in section 6 1; other than as described in Section 7 of this agreement and Schedule C to Exhibit "D there are no encroachments onto or from the Property; all requirements, terms and conditions of any relevant authority pursuant to any agreement or by -law affecting the Property have been satisfied or complied with as of the Closing Date; and (j) the Property is not, and at the Closing Date, shall not be (i) restricted in any manner whatsoever pursuant to the Heritage Ac.! (Ontario), as amended, (u) restricted by or subject to any interest contemplated in the Family Lace tat (Ontario), as amended, (iii) the subject- matter of or in any matter restricted by the Conservation Act (Ontario), as amended, and (iv) restricted in any manner pursuant to the Wetlands Policy Statement issued pursuant to the Planning Act (Ontario), as amended For the purposes of this Agreement, "Hazardous Substances" means any contaminants, pollutants, substances or materials that, when released to the natural environment, could cause, at some immediate or future time, harm or degradation to the natural environment or risk to human health, whether or not such contaminants, pollutants, substances or materials are or shall become prohibited, controlled or regulated by any governmental authority and includes any "contaminants "dangerous substances "hazardous materials "hazardous substances "hazardous wastes "industrial wastes "liquid wastes "pollutants" and "toxic substances all as defined in, referred to or contemplated in federal, provincial and/or municipal legislation, regulations, orders and/or ordinances relating to environmental, health and/or safety matters 9 2 The Vendor agrees to provide on the Closing Date, a statutory declaration from a senior officer of the Vendor as to all of the representations and warranties contained in this Agreement. All of the Vendor's representations and warranties shall survive the closing of this transaction. 10. ADJUSTMENTS Any realty taxes, water and unmetered utility charges as applicable shall be apportioned and adjusted by the parties as of the Closing Date (the Closing Date being for the Purchaser's account) The parties undertake to re- adjust as of the Closing Date any such item where the amount of such item is not known on the Closing Date and such obligation to re- adjust shall survive the Closing Date No insurance shall be transferred to or assumed by the Purchaser on the Closing Date 11. LAND TRANSFER TAX AND RETAIL SALES TAXES The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act (Ontario) 12. RESIDENCY The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by the Vendor under the non residency provisions of the hicoine Tux Act by reason of this sale The Purchaser shall not claim such credit it the Vendor delivers un completion the prescribed certificate or its statutur). declaration that it is not then a non resident of Canada 13. RISK TO VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages 14. PLANNING ACT (ONTARIO) This Agreement shall be effective to create an interest in the Property for the Purchaser only if the Vendor complies with the subdivision control provisions of the Planning Act prior to the Closing Date The Vendor covenants to proceed diligently and at its expense to obtain all necessary consents prior to the Closing Date 15. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given (i) by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be, or (iii) by fax as follows to the Vendor at to the Purchaser at Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall he deemed to have been given until actually received by the intended party, whether by mail or otherwise) Where any notice is faxed it shall he deemed to have been `gi\ en 00 the day taxed unless taxed after 5 00 p in in which eN,ent such notice shall he deemed to hake been given on the next business day Any party may change its address and/or fax number by providing a notice in accordance with this section. 16. TIME OF THE ESSENCE 1 Post Road Suite 303 Toronto, ON M3B 3R4 Attention. Mr. John Hort Fax No 416 -510 -2885 The Corporation of the City of Niagara Falls P 0 Box 1023 Niagara Falls, ON L2E 6X5 Attention. City Solicitor Fax No 905- 371 -2892 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise) Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 5 00 p m in which event such notice shall be deemed to have been given on the next business day Any party may change its address and /or fax number by providing a notice in accordance with this section. 17. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of but upon notice to, the Vendor 18. BROKERAGE The parties represent and warrant to each other that no fees or commission are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 19. REGISTRATION OF AGREEMENT The parties agree that the Purchaser shall be permitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located 20. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Purchaser in its capacity as a municipality and any decision of Purchaser in its capacity as a municipality shall not be deemed as contrary to the Purchaser's obligations to the Vendor under this Agreement. 21. BINDING AGREEMENT 21 1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to he bound by all of its terms This Agreement shall then become a binding contract between the parties 2l 2 This ,■greement contains the entire agreement hem een Vendor and Purchaser, and there are no other terms, conditions promises understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only This Agreement shall be govemed by the laws of the Province of Ontario If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby 22. ACCEPTANCE Purchaser agrees that this offer shall be irrevocable by it until midnight on March 29, 2008 after which time, if not accepted, this offer will become null and void The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties, this transaction shall be binding on both parties IN WITNESS WHEREOF this instrument has been duly executed by Purchaser on 2008 Per Per Per Per THE CORPORATION OF THE CITY OF NIAGARA FALLS Name R.T (Ted) Salci Title Mayor Name Dean Iorfida Title City Clerk We have authority to bind the Corporation ACCEPTANCE The foregoing Agreement is accepted by Vendor on 2008 HOD A VESTMENT C ?RPORATION Name toa4-(1 Title ;Fame Title I /We haN,e authority to bind the Corporation EXHIBIT "A" Part of PIN 64311-0002(LT) Part of Lot 107, Township of Stamford designated as Part 1 on Reference Plan 59R -13060 City of Niagara Falls, Regional Municipality of Niagara. EXHIBIT "B" INTENTIONALLY DELETED EXHIBIT "C" GOODS AND SERVICES TAX CERTIFICATE AND INDEMNITY TO: HODAN INVESTMENT CORPORATION "VENDOR RE: DORCHESTER ROAD CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64311- 0002(LT), PART OF LOT 107, TOWNSHIP OF STAMFORD, DESIGNATED AS PART 1 ON REFERENCE PLAN 59r- 13060, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY AND THE SALE OF THE PROPERTY BY HODAN INVESTMENT CORPORATION TO THE CORPORATION OF THE CITY OF NIAGARA FALLS (THE "CITY 1 The City is registered pursuant to the Excise Tax Act (Canada), as amended, for purposes of paying the goods and services tax. The Company's registration number is 119399392RT0001, which registration has not been amended or revoked. 2 The City will remit directly to the Receiver General of Canada the Goods and Services Tax payable and file the applicable prescribed GST form pursuant to the Excise Tax Act (Canada) in connection with the purchase of the Property 3 The Property (a) is being purchased by the City as principal for its own account and is not being purchased by the City as an agent, trustee or otherwise on behalf of or for another person or corporation, and (b) does not constitute a supply of a residential complex made to an individual for the purposes of the Excise Tax Act (Canada) THE CORPORATION OF THE CITY OF NIAGARA FALLS Per Name R T (Ted) Salo Title Ma }or Per Name Dean lorfida Title City Clerk B ETWEEN: EXHIBIT "0" ENCROACHMENT AGREEMENT THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City and HODAN INVESTMENT CORPORATION (hereinafter referred to as the "Applicant WHEREAS: A The Applicant is the owner of the land situated in the City of Niagara Falls, and more particularly described in Schedule "A" attached hereto (the "Applicant's Lands), B The Applicant leases part of the lands described in Schedule "A" (the "Leased Lands at the corner of Morrison Street and Dorchester Road, in the City ofNiagara Falls, to Shell Canada Products (the "Tenant by way of Lease dated November 18, 1991 (the "Lease with option to purchase, C The parties acknowledge that the Applicant as Landlord, has only the reversionary interest in the Leased Lands and the lands set out to Schedule "B" D The lands described in Schedule "B" are lands conveyed by the Applicant to the City of Niagara F<<Ils in order to facilitate a road widening a t the intersection of Dorchester Road and Morrison Street in the Cm of \tagara l ails (the ity l ands' E. The Tenant his certain impro enncnts by \gay of stgnage and part of an underground fuel storage tank (the Encroachments') on lands more particularly described in Schedule 'B", -2- F The Applicant and the City have agreed that the encroachments by the Tenant on the lands described in Schedule "B" may continue for the term of the Lease and any extensions thereto and in the event the Tenant exercises its option to purchase the Leased Lands NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree with each other as follows 1 The team of this Agreement shall be the earlier of a. 50 years commencing on March 18, 2008, b the removal of the Encroachments from the City Lands c the termination of the Lease without the option to purchase being exercised 2 The City shall register this Agreement on title to the lands described in Schedule "B" 3 That nothing in this Agreement shall create a relationship of Landlord and Tenant between the City and the Applicant 4 This Encroachment A`reenitnt and the rights thereunder ma he assigned to a subsequent purchaser of the Leased Lands or any mortgagee of the \ppl'cant or subsequent owner Such assignment shall not be effective unless and until 10 days notice, in writing, has been given to the City setting forth the name of the assignee, the address for service of the assignee and -3- a true copy of any and all Agreements evidencing the assignment, each duly executed by the assignor and the assignee 5 The parties hereto agree that the Applicant, having given up possession of the lands described in Schedule "B" to the Tenant, has no control over the maintenance and upkeep of the encroachments Any rights that the Applicant has over the encroachments under the Lease with the Tenant are hereby assigned to the City with respect to the property described in Schedule "B" herein including the right to force the Tenant to remove the encroachments following the termination of the Lease (without the option to purchase being exercised) to the extent that this right exists under the Lease with the Tenant. 6 No length of time or enjoyment by the Applicant or the Tenant shall enure to give a right to the Applicant to maintain the encroachments or shall deprive the City by the operation of any limitation period or otherwise of any right to require the removal thereof 7 Notice by the Applicant to the City shall be delivered or posted by prepaid registered mail addressed to Lhe Corporation ot the Cite ot Niagara Falls Legal Ser\ ices 431 t1 Queen Street P 0 Bo\ 1023 Niagara Falls, ON L2E 6X5 Notice by the City to the Applicant shall be delivered or posted by prepaid registered mail addressed to Hodan Investment Corporation I Post Road, Suite 303 Toronto, ON M3 E3 3R4 -4- 8 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations THE CORPORATION OF THE CITY OF NIAGARA FALLS Per Name R.T (Ted) Salci Title Mayor Name Dean Iorfida Title City Clerk "I /We have authority to bind the Corporation" HODAN INVESTMENTS CORPORATION Per twy Name Daisy Hort Title President lime authority to bind the Corporation" Legal Descnption SCHEDULE "A" All and Singular that certain parcel or tract of land in the City of Niagara Falls, in the Regional Municipality of Niagara, founerly the County of Welland, and Province of Ontario being Part of Township Lot 107, Stamford, City of Niagara Falls, Regional Municipality of Niagara more particularly described as Part 1 on Reference Plan 59R -6995 Pin Number Part of PIN 64311-0002 (LT) SCHEDULE "B" Legal Descnption Part of Lot 107, Township of Stamford, designated as Part 1 on 59R- 13060, in the City of Niagara Falls, Regional Municipality of Niagara EXHIBIT "D" CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D M Inc respecting the use of the Niagara Falls Arena for a one day circus event. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 4, 2008, and made between Shrine Circus /Xentel D M Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Arena for a one day circus event to be held on July 14, 2008, as attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the said Agreement. 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading July 7, 2008 July 7, 2008 July 7, 2008. THIS AGREEMENT made this 4th day of March, 2008. BETWEEN Shrine Circus/Xentel D.M. Inc. Hereinafter called the "Licensee of the FIRST PART, and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City", of the SECOND PART WHEREAS the City is the owner of the Niagara Falls Arena (hereinafter referred to as the Arena'), that the Licensee wishes to use for and in connection with Circus (a one day event) (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows. Term of the Agreement: 1 The City hereby grants to the Licensee a licence to use the Arena for the purpose of a one day circus on July 14, 2008. Payment: 2. The Licensee agrees to pay to the City a rental fee of 4,481 82. (G.S T included) 3 The Licensee shall submit a non refundable deposit of 1,000 00 on the execution of this agreement, which deposit shall be credited toward the rental fee 4 The Licensee agrees to pay all taxes (including G S T and P S T licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. -2- Complimentary Tickets: 5 The Licensee agrees to reserve for the City 20 complimentary tickets for the Event. Facilities, Equipment and Personnel: 6 The City agrees to provide the following facilities, equipment and personnel (a) Facilities (b) Equipment: (c) Personnel Arena Floor Spectator Areas Parking Lot Changerooms Upper Lobby Box Office Lobbies Forklift 20 Tables Chairs 2 Full Time Staff 10 Security Staff Cleaning and Heating of the Arena: 7 The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 8 The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee Structural Changes: 9 The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear 10 The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 11 If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the -3- Licensee's expense, including the payment of any permits as may be required for the electrical installation. Removal of Equipment. 12 The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event. 13 The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move 14 The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Advertising the Event: 15 The Licensee shall, at its own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City Advertising the Arena: 1 b The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City 17 The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18 All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee 19 The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. -4- Advertising Beyond the Arena: 20 The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21 The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23 Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24 The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever Indemnity: 25 The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 26 The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000 00, such policy to include the City as an additional insured and to be endorsed -5- to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. 27 The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28 In the event that the Licensee shall fail to comply with the terms of this agreement or to fall to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City Vandalism and other Malicious Acts: 29 If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at Least the same approximate condition as prevailed immediately prior to the occurrence of such damage Non Assignability: 30 The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City Gender: 31 Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses. The City The Corporation of the City of Niagara Falls, 4310 Queen Street, P O Box 1023, NIAGARA FALLS, Ontario, L2E 6X5 Attention Licensee Shrine Circus/Xentel DM. Inc c/o Gary Brush 8000 Jane St., Tower A. Suite 401 Corcord, Ontario L4K 5B8 -6- Steve Hamilton, Manager of Recreation Services, Parks, Recreation Culture 905- 358 -3808, Ext. 221 905- 354 -9119 Fax shame ltonP,,niagarafal ls. ca 416- 633 -4646, Ext. 222 Phone 416 633 -4643 Fax 33 Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34 Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is riot a business day, such notice or other communication shall be deemed to have been given and received on the following business day Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 35 If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. -7- Compliance with the Law: 36 The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 37 The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S 0 1990, c.O 1, as amended. 38 The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S 0 1990, c 0 1, as amended. 39 The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S 0 1990, c.0 1, as amended. Workers' Compensation Act: 40 The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S 0 1990, c. W 11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41 This agreement shall be construed in accordance with the laws of the Province of Ontario Concessions: 42 The Licensee agrees to the arrangements herein as outlined in Schedule 3 -8- Whole Agreement: 43 This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. Name 2 �s�} Title. Name Title I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name R.T. (Ted) Salci Title Mayor Name Dean Iorfida Title Clerk Monday, July 14, 2008 7 00 am 2 pm 3.30 pm 4 pm 6pm -7pm 7 00 pm 7.30 pm 9.30 pm Q o f p r i Building Open Z-71- t 4 7 c Z Sound Check -9- Schedule 1 Hours of Use 1200 am midnight yJ J11 Doors Open Show Starts (2 hours) Clean -Up Doors Open Show Starts Finish d Li9c�/LJ�dL d?�S c p- Schedule 2 Expenses Rental Costs (1 Day) $2,368.40 Security /Cleanup 750.00 Electrician Fees N /A* Concession Partial 150.00 Concession Full 1,000.00 $4,268.40 G.S.T 213.42 Additional Costs: Total $4,481.82 Socan Fees To be paid by Shrine Circus Corp. Electrician Fees Costs to Follow -10- Schedule 3 Concession Privileges The Licensee is permitted to sell all Concession items on the Arena Floor and in the hallways and lobbies only. The Licensee will not have access to the City's Concession Stands or supplies. As per schedule 2, the Licensee will pay and 51,000.00 for Full Concessions on Arena Floor upon execution of this agreement. Novelty Concessions Shrine Circus must have all required licensing and permits in place prior to any sales. Please check with Lydia Picca in Clerk's Office at City Hall (356 -7521, extension 4283). S ARENAS \SPECEVEMAGREE \shrinecircus wpd THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Pettit Avenue at Sherwood Road Eastbound on Sherwood Road (2) by adding to the specified columns of Schedule P thereto the following item STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Pettit Avenue At Sherwood Road Eastbound on Sherwood Road This By -law shall come into force when the appropriate signs are installed Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading July 7, 2008 July 7, 2008 July 7, 2008 -2- i {ANAU N A� GARAFA THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Charlotte Street Both Merritt Avenue and East Limit At all times Except by permit This By -law shall come into force when the appropriate signs are installed Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading July 7, 2008 Second Reading July 7, 2008 Third Reading July 7, 2008 -2- CITY OF NIAGARA FALLS By -law 2008 A by -law to authorize the execution of the 2008 2010 Collective Agreement with the Canadian Union of Public Employees and its Local 133. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 respecting remuneration, benefits and working conditions for the period January 1, 2008 to December 31, 2010, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this seventh day of July, 2008 DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR First Reading Second Reading: Third Reading: July 7, 2008 July 7, 2008 July 7, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the payment of $7,473,307.10 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning May 21, 2008 to June 18, 2008. Passed this seventh day of July 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading Second Reading: Third Reading: July 7, 2008 July 7, 2008 July 7, 2008 CITY OF NIAGARA FALLS By-law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7t day of July, 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 7t day of July, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this seventh day of July, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 7, 2008 July 7, 2008 July 7, 2008