Loading...
2008/08/18COUNCIL MEETING Monday, August 18, 2008 Order of Business and Agenda Package PRAYER. Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of July 21, 2008 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time Niagara Falls Lions Park A presentation of a Trillium Grant of 75,000 will be made regarding the Lions Park redevelopment. Kim Craitor M P P will be in attendance Niagara Health System COUNCIL MEETING August 18, 2008 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Kim Craitor M.P P will speak to the recent NHS Hospital Improvement Plan. PLANNING MATTERS Public Meeting Official Plan and Zoning By -law Amendments AM- 2008 -013, Elgin Industrial Area Cytec and Buttrey Street Areas Background Material: Recommendation Report PD- 2008 -74 -AND- 2 Correspondence from Broderick Partners LLP Correspondence from Frederick Caplan, B.A., LL.B Correspondence from the Niagara Parks Commission Correspondence Peter Hughes Correspondence from Veronica Balaj, Sutton Group FINANCE MATTERS 1 Chief Administrative Officer 2 Chief Administrative Officer 3 Chief Administrative Officer 4 Chief Administrative Officer 5 Chief Administrative Officer REPORTS *First three reports deferred from last Council meeting F- 2008 -30 -2007 Capital Accounts Report F- 2008 -34 Municipal Accounts MAYOR'S REPORTS, ANNOUNCEMENT RECOMMENDATION For the approval of Council. RECOMMENDATION' For the consideration of Council. RECOMMENDATION For the consideration of Council F- 2008 -28 2007 Reserves and Reserve Funds F- 2008 -29 2007 Development Charges F- 2008 -33 Major Receivables Second Quarter Report COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Niagara Falls Public Library Board requesting a municipal funding increase to allow a wage increase to Library staff equal to the recent amended collective agreement with C U P E Local 133. 2. Niagara Convention Civic Centre requesting a representative on the N C.C.C. Board of Directors. 3. Hannah House requesting a grant equal to the fees associated with road closures associated with their "1S Annual Hannah Banana Run scheduled for Saturday, September 27, 2008 3 4. Big Brothers Big Sisters requesting September be proclaimed "Big Brothers Big Sisters Month" and that Council members wear a Big Brothers Big Sisters T -shirt (to be supplied) at their September 8 Council meeting, "Big Brothers Big Sisters Call to Action Day" RECOMMENDATION For the consideration of Council 5 Niagara Falls Ministerial Association requesting the week of September 21s'to 28 be proclaimed a "Week of Prayer" RECOMMENDATION For the approval of Council 6. M &M Meat Shops requesting that September 18, 2008 be proclaimed as "National Family Dinner Night" RECOMMENDATION For the approval of Council 7 John Bevan requesting a lease of city owned Reilly Street end RECOMMENDATION Refer to staff for a report. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 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. CD- 2008 -11 Second Avenue Complaints L- 2008 -27 Permanently Close and Declare Surplus, Portion of Murray Street L- 2008 -28 Declare Surplus and Offer for Sale Lane North of Detenbeck Road MW- 2008 -50 Consultant Appointment Kalar Road Sanitary Sewer Replacement PD- 2008 -72 Sidewalk Cafe Licence Agreement with the City, SWC- 2008 -01, Monticello Grille Wine Bar, 5645 Victoria Avenue PD- 2008 -73 Sidewalk Cafe Licence Agreementwith the City, SWC- 2008 -03, Tarbooch Mediterranean Grill, 5809 Victoria Avenue TS- 2008 -47 Specialized School Transportation Pilot Program with Chair -A -Van 2008 -128 RESOLUTIONS 1 THEREFORE be it resolved that the City of Niagara Falls identifies Option "C" as the preferred option for growth because it recognizes the City's capacity for growth, optimal location and utilization of existing infrastructure BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to amend By -law No 79 -200, to permit the erection and use of a building on the property for an office, a clinic and dwelling units above the ground floor (AM- 2008 -009) 2008 -129 A by -law to provide for the approval of Amendment No 84 to the City of Niagara Falls Official Plan 2008 -130 A by -law to amend By -law No. 79 -200, to add a retail store as a permitted use and adjust the regulations that apply to the lands (AM- 2008 -010) 2008 -131 A by -law to amend By -law No 79 -200, to permit a residential development containing 8 townhouse dwelling units and two semi detached dwellings on the west side of Dorchester Road, opposite Stokes Street. (AM- 2008 -017) 2008 -132 A by -law to amend By -law No. 79 -200, to permit the development of a three unit on- street townhouse dwelling on the property (AM- 2008 -018) 2008 -133 A by -law to amend By -law No 79 -200, to permit the development of a one family detached dwelling and to adjust the boundary of the OS and HL zones (AM- 2008 -019) 2008 -134 2008 -135 2008 -136 2008 -137 2008 -138 2008 -139 2008 -140 2008 -141 5 A by -law to amend By -law No 2007 -209, which amended By -law No. 79 -200, to remove the holding symbol (H) on a portion of the lands on the west side of Stanley Avenue and northwest of Stanley Avenue and Thorold Stone Road, to allow the lands to be used for light industrial purposes (AM- 13/2004) A by -law to establish Part of Lots 155 and 164, Stamford, being Part 1 on Reference Plan 59R -13158 as a public highway, to be known as and to form part of St. Michael Avenue A by -law to declare the lane located north of Detenbeck Road, being Part of a Road Allowance between Concession 1 and Broken Front Concession, Niagara River, Willoughby (closed by Instrument Number BB84703), lying between Detenbeck Road and Part 1 on Reference Plan 59R -7223, except Instrument Number BB89388, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus A by -law to authorize the execution of an Agreement of Purchase and Sale with Francis Haffey Clarke and Cathy Renee Clarke, respecting the purchase of lands being a portion of road allowance adjacent to 2703 Detenbeck Road A by -law to authorize the execution of an Agreement of Purchase and Sale with Andrew Thomas Colavecchia and Angela Maria Colavecchia, respecting the purchase of lands being a portion of road allowance adjacent to 11415 Niagara River Parkway A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Monticello Grille Wine Bar, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Monticello Grille Wine Bar located at 5645 Victoria Avenue. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Tarboosh Mediterranean Grill, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Tarboosh Mediterranean Grill located at 5809 Victoria Avenue A by -law to amend By -law No 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws 2008 -142 A by -law to establish part Township Lot 90 Stamford as a public highway, to be known as and to form part of Drummond Road 2008 -143 A by -law to establish part of Lot 22 Plans 6 and 7 Stamford as a public highway, to be known as and to form part of RialI Street and to repeal By -law No 2008 -123 -6- 2008 -144 A by -law to authorize the payment of $26,493,570.85 for General Purposes 2008 -145 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of August, 2008 NEW BUSINESS Dean Ior€ida August 18, 2008 Council Niagara Falls Lions Park From: Denyse Morrissey To: Dean Iorfida Date: 7/24/2008 2:17 PM Subject:- August Council Niagara Falls Lions Park CC: Cynthia Roberts; Jeff Claydon; John MacDonald; Kathy Moldenhauer; Todd Harrison Hi Dean, I would like to request a deputation for August 18, 2008 so the official announcement of some really great news can be made. The Niagara Falls Lions Park is the recipient of a Trillium Grant of $75,000. MPP Kim Craitor, who has been confirmed by Don Wallace with the Lions, will be making the announcement on behalf of the province. Many members of the Niagara Falls Lions Club will be in attendance. The Lions will also provide a brief overview of what elements of the park re- development this grant is supporting. Regards, Denyse Denyse Morrissey, B.A; M.P.A. Director Parks, Recreation Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356 -7521 ext. 3331 Fax: (905) 356 -7404 email: dmorrissey @niagarafalls.ca web: www.niagarafalls.ca Page l of l file: //C :\Documents and Settings \di202\Local Settings \Temp\XPGrpWise \48888EE8Doma... 7/25/2008 Dean Iorfida MPP inclusion on agenda From: Carey Campbell To: Dean Iorfida Date: 8/5/2008 4:19 PM Subject: MPP inclusion on agenda Dean: Thank you, carey Page 1 of 1 Per Mayor Salci's invitation, MPP Kim Craitor will be making a deputation to Council on Monday, August 18th during the Council meeting. Please confirm this will be included on the agenda. file:! /C:\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \48987D9FDomai... 8/5/2008 August 18, 2008 PD- 2008 -74 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members Niagaraa1ls Re: PD- 2008 -74 AM- 2008 -013, Official Plan and Zoning By -law Amendments Elgin Industrial Area Cytec and Buttrey Street Areas RECOMMENDATION: That Council support the Official Plan and Zoning By -law amendments for the Cytec and Buttrey Street areas and that staff place the documents on a future Council agenda for adoption BACKGROUND: Over the past two years, the City's Planning and Business Development staff have been working together with RCI Consulting and GSP Group in completing a land use plan for the Cytec and Buttrey Street areas within the Elgin Industrial Area. This work is a continuation of work carried out as part of the Pilot Project Area and Brownfield Community Improvement Plan from 2005 The resulting Official Plan and Zoning By -law amendments now before Council follows extensive public consultation. There were two public meetings held on February 21, 2007at the Niagara Falls Public Library and September 19, 2007 at City Hall A number of Land Use Concepts were presented and the public provided input which was reflected in the Land Use Recommendation Report prepared by the Consultants. This Report was presented to Council on March 17, 2008 and staff were directed to proceed with the formal circulation of the amendments and preparations for a public meeting under the Planning Act. A map illustrating the Pilot Project Area including the Cytec and Buttrey Street areas is attached as Appendix 1. While the proposed Official Plan and Zoning By -law amendments largely follow the recommendations contained in the Land Use Recommendation Report prepared by the Consultants, there are certain recommended modifications that reflect recent discussions with area landowners. Since the planning work involved two different areas, being the Cytec and the Buttrey Street areas, staff has proceeded to prepare two Official Plan and Zoning By -law amendments These amendments are attached as Appendix 2 and 3 to this report. Working Together to Serve Our Community Community Services Department Planning Development August 18, 2008 Site Conditions and Surrounding Land Uses 1 Cytec Area The Cytec lands represent a vacant 37.6 ha. (93 acre) brownfield area which is dissected in a north -south direction by a hydro transmission corridor Cytec is currently preparing a Risk Assessment for their lands which will identify the extent of contamination on the site and a plan for remediation of the property The costs of remediation will be assisted through an approved funding application under the Federal Green Municipal Fund administered by the Federation of Canadian Municipalities The lands include a 6.7 ha. (16 5 acre) parcel conveyed to the City for the Bob Gale Arena Complex which is under construction. The lands are bounded by CN lands and an active railway to the north and east To the south is the City owned Palmer Park, former NS &T railway lands and former YMCA Beyond these lands to the south is a mix of older residential, commercial and industrial uses. To the west beyond Stanley Avenue is an older residential area and existing commercial uses 2 Buttrey Street Area The Buttrey Street area contains a number of old abandoned industrial sites, together with a mix of existing residential, commercial and industrial uses To the south is a 17.8 ha (44 acre) property owned by CN Rail and the Region's recently constructed pretreatment sewage facility. The surrounding lands to the north and east include predominantly residential and tourist commercial uses To the south is an active railway line and Downtown and to the west beyond Victoria Avenue is an active railway and commercial uses. Circulation Comments Regional Municipality of Niagara 2 PD- 2008 -74 The area represents a good opportunity for redevelopment and is supported by Provincial and Regional policies. The focus is on industrial uses throughout the study area while little opportunity is provided for residential uses A holding provision should be added to require the completion of studies prior to adoption by Council A copy of the draft amendments is requested prior to adoption by Council Niagara Parks Commission No objections August 18, 2008 3 PD- 2008 -74 Municipal Works No objections, existing infrastructure is capable of servicing the land Transportation Services No objections Fire Services No Objections Planning Analysis 1 Changes to the Official Plan Cytec Area The Cytec area is to be largely redesignated from Industrial to Industrial Special Policy Area This change is to allow a broad range of employment type uses including Tight industrial, service commercial and institutional uses The lands are to be developed by a plan of subdivision which will assure a desired road and traffic pattern and proper remediation is carried out on lands that are contaminated and site servicing is satisfied An emphasis is to be placed on high quality streetscape design and proper site planning to assure buildings are constructed closer to the street and proper loading and parking facilities are placed in the rear or interior side yards The Niagara Region has completed two Public Information meetings on the extension of Thorold Stone Road to the east which will provide access to the City's future arena complex. The road extension will provide development opportunities for much of the remaining Cytec lands. The developer of the Cytec lands has indicated an interest to develop big box stores The Land Use Recommendation Report prepared by the Consultants states that any retail commercial development in this area would be subject to amendments with supporting retail market, traffic and other studies to address the nature of the project, its appropriateness and possible impacts on other commercial space in the City. The Report also states that property in the vicinity of Thorold Stone Road and Stanley Avenue may be suited for retail commercial use in the long term The Official Plan amendment includes a redesignation of the former YMCA site to Residential, lands along the east and west sides of Victoria Avenue for Tourist Commercial and the former NS &T rail line to Open Space These changes will further assist in the transformation and redevelopment of the subject area The redesignation of the lands and generation of employment type uses will have a positive effect on the nearby Downtown. The lands to the east of the former YMCA beyond Fourth Avenue extending to the railway were to be redesignated to August 18, 2008 Residential However, input received from Cytec has suggested that these lands should remain Industrial due to known fill material deposited on these lands by the former Cyanamid Plant. This land use change will retain the existing Industrial designation and not warrant any further public notice. 2 Changes to the Zoning By -law for Cytec Area 4 PD- 2008 -74 The proposed Zoning By -law amendment includes a list of permitted light industrial, service commercial and institutional uses for the Cytec lands. In addition, the former YMCA site is zoned for multiple family residential with the opportunity for commercial on the first floor The open space zoning reflects the former NS &T rail line and the potential recreational trail use The east and west sides of Victoria Avenue south of the Great Wolf Lodge recognizes areas for future tourist commercial use The proposed Zoning By -law amendment includes detailed zoning provisions which will require such items as minimum landscaping and uses be conducted wholly within enclosed buildings The exceptions would be automotive related uses and nurseries. At the public meetings, there was general support for the land uses changes proposed for the Cytec area The change from a heavy and general industrial area to one of Tight industrial and service commercial reflects a more desirable planning direction for the area With the construction of the City's new arena complex and extension of Thorold Stone Road, the proposed land use designations and zoning will position the City well in encouraging redevelopment in this area 3 Official Plan Changes for Buttrey Street Area Developing a land use plan for the Buttrey Street area has been a difficult challenge. While the Land Use Recommendation Report prepared by the Consultants recognizes the Buttrey Street area as a regeneration area there are a number of different and non compatible land uses that make the long term planning for the area difficult. At the public meetings that were held, the residents acknowledged the long history of industrial uses and the difficulty to transform the area due to existing industries and relatively high level of contamination on the sites The residents did encourage the City to increase its level of enforcement of the property standards by -law An attempt has been made to address the potential land use conflicts through the proposed amendments, while recognizing existing industrial uses and their desire to expand. The current Official Plan designates much of the lands Industrial and Special Policy Area The proposed Official Plan amendment maintains a Special Policy designation which encourages a broad range of employment type uses which includes predominantly light industrial and service commercial uses. The original land use concepts encouraged the redevelopment of the 44 acre CN lands to the south for residential use. From a planning perspective, this option was thought to be desirable as it would strengthen the existing residential development August 18, 2008 5 PD- 2008 -74 in the Glenview area and support the revitalization of the nearby Downtown However, it was learned that CN was entertaining bids to sell their lands and residential was not desired because of the level of contamination associated with the lands and the desire by CN to protect their existing railway operations In addition, there are two existing industrial operations, being Niagara Energy and Canadian Specialty Castings, located along the north side of Buttrey Street who have indicated a desire to remain and expand in the future The City has also become aware of a proposed commercial development on the CN lands by Cross Link Bridge Corporation who have secured the potential purchase of these lands It is expected that the Cross Link Bridge Group will submit a proposal in the near future to redesignate to lands to Tourist Commercial. A corresponding Market Feasibility Study and Traffic Study will be included in their proposal Cross Link Bridge Corporation is aware of the Official Plan and Zoning By- law amendments and the upcoming public meeting. They have indicated that they may request Council to defer any action on the Buttrey Street area pending the results of their anticipated planning application In spite of the current industrial uses, the Official Plan amendment for the Buttrey Street area will encourage new Tight industrial and service commercial uses into the area It also seeks to improve the general appearance of the area by including policies for improved streetscaping and good quality urban design. The policies reflect the comments received from the residential community who were concerned with the general appearance of the neighbourhood 4 Changes to the Zoning By -law for Buttrey Street Area The proposed zoning encourages a wide range of light industrial and service commercial uses with an emphasis on proper streetscape and site design considerations Input was provided by Canadian Specialty Castings who have indicated an interest in expanding The opportunity has been provided for the existing industrial uses to expand in an east and west direction north of Buttrey Street between Victoria Avenue and Stanton Avenue However, in an effort to provide protection to the current residential uses north of Ferguson Street, a Prestige Industrial Zone south of Ferguson Street of 50 metres (180 feet) is proposed. There is a zoning provision which states that if the existing general industrial uses cease to exist, then the zoning reverts to a Light Industrial category To the south of the Prestige Industrial Zone to Buttrey Street, the exiting industrial operations will be able to expand Canadian Specialty Castings has requested that outside storage be permitted as part of the ability to expand in the proposed Light Industrial Zone Such provisions can be included for Canadian Specialty Castings and Niagara Energy conditional upon the outside storage being sufficiently screened through landscaping and fencing These provisions have been incorporated in the new draft zoning by -law for the area. At a recent meeting of Council, it was suggested that Canadian Specialty Castings be encouraged to expand to the east towards Stanton Avenue This opportunity is provided in the draft zoning by -law amendment. August 18, 2008 CONCLUSION: The proposed Official Plan and Zoning By -law amendments are the result of a two year process where land use concepts were prepared and presented to the public for input. Careful review and consideration was made from those who provided input and it culminated with a Recommended Land Use Report from RCI and GSP Consultants that was presented to Council in March 2008. The proposed Official Plan and Zoning By -law amendments reflect the Consultant's Recommendation Report together with some modifications to reflect additional community input It is recommended that the amendments be approved by Council. Recommended by Approved by Respectfully submitted. B Bolibruck:gd Attach. 6 PD- 2008 -74 Alex Herlovitch, Dir ctor of Planning Development S \PDR\2008 \PD- 2008 -74, AM- 2008 -013, OP Zoning Amendments for Pilot Project Area.wpd Ed Dujlovic, Exe tive Director of Community Services John Donald, Chief Administrative Officer Figure 1 PILOT PROJECT AREA CITY OF NIAGARA FALLS PILOT PROJECT AREA NOVEMBER 2007 GSP group C PART 2 BODY OF THE AMENDMENT DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows 1 MAP CHANGE Plan. APPENDIX 2 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. i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No. shall be identified as Industrial Special Policy Area `A" on Schedule A of the Official Plan. ii) Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment No shall be redesignated from Industrial to Residential on Schedule A of the Official iii) Area 3 as shown on the map attached entitled Map 1 to Official Plan Amendment No. shall be redesignated from Industrial and Residential to Tourist Commercial on Schedule A of the Official Plan. iv) Area 4 as shown on the map attached entitled Map 1 to Official Plan Amendment No. shall be redesignated from Industrial to Open Space on Schedule A of the Official Plan. v) Area 1 as shown on the map attached entitled Map 2 to Official Plan Amendment No shall be identified as part of the Whirlpool Satellite District on Schedule E Tourism Districts of the Official Plan. 2. TEXT CHANGE (i) PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection. 14.5.A SPECIAL POLICY AREA A Special Policy Area "A "applies to approximately ha of land located between Stanley Avenue and the CNR corridor north of the former NS T rail corridor. While the Industrial designation continues to apply to this area, the Special Policy Area designation will permit the development of land subject to the following policies. 14.5.A.1 These lands are intended to develop for a broad range of employment activities including light industrial (activity primarily occurring within buildings and minimal outdoor storage); warehousing; office; laboratory and research facilities; automotive uses; service commercial uses such as restaurants, printing shops, fitness and recreation, convenience stores, and, institutional uses such as community centres, arenas, and churches. The zoning by -law applicable to this area will list the permitted uses as well as the development regulations which will apply. 14 5.A 2 14.5.A.3 14.5.A.4 Development of the Cytec land will occur by way of a plan of subdivision to establish a new street system and development parcels. Plan of subdivision approval will require preparation of a functional servicing study to determine the necessary sanitary sewer, water system and stormwater management strategy for this area. Prior to approval of a draft plan of subdivision for the Cytec land, the City of Niagara Falls and the Region of Niagara shall establish the alignment for the extension of Thorold Stone Road onto and through the Cytec land. The development of the Cytec land should provide for a high quality of streetscape design and site planning and building design. The intersection of Thorold Stone Road and Stanley Avenue should be designed to serve as a gateway to this area and the City's arena /recreation complex. Street design should provide for pedestrian comfort and accommodate the needs of both cyclists and transit users 14.5.A 5 The design and development of individual sites within the Special Policy Area should have regard to the following principles a) Buildings should generally be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged with particular emphasis on buildings fronting onto the extension of Thorold Stone Road. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading, service and parking areas should generally be located in the rear or interior side yard to minimize views from public streets. Landscaping and screening from public views will be required to achieve this objective. e) Loading areas should be provided so that all required truck movements are on -site. f) Outdoor amenity areas should be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. 1) Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial and Open Space to Industrial Special Policy Area "A" Area 2 Proposed Change From Industrial to Residential Area 3 Proposed Change From Industrial and Residential to Tourist Commercial Area 4 Proposed Change From Industrial to Open Space W�- -EMI a MIN ell I j i CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE INDUSTRIAL. ENVIRONMENTAL PROTECTION AREA RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forma part of Amendment No. to the Official Plan for the City of Niagara Falls i3 and it must be read in conjunction with the written text. xayonbV.00a�9cheantc. \ZOningAM�AM- lmepping.msp K RS N S 1:NB'S AM- 2008 -013 AUGUST 2008 lL•1OI.4_8ecrynt A2009‘443edda \Zovi"BAMUM- 13 msppinpaap MAP 2 TO AMENDMENT NO. SCHEDULE E TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area to be Included as Part of the Whirlpool Satellite District CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE E TOURISM DISTRICTS OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL I RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text N S I .NTS AM- 2008 -013 AUGUST 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 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 i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No. shall be identified as Industrial Special Policy Area "7" on Schedule A of the Official Plan 2. TEXT CHANGE (i) PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "7" is hereby deleted in its entirety and replaced with the following text: 14.7 SPECIAL POLICY AREA "7 Special Policy Area "7" shall apply to the lands south of Ferguson Street to the CN Rail corridor between Victoria Avenue and the westerly property boundary of properties fronting on River Road, with the exception of the Regional High Rate Pre Treatment Facility. This area is considered by the Growth Plan for the Greater Golden Horseshoe as a Major Transit Station Area which is to be a focus of intensification with increased employment densities that support and ensure the viability of existing and planned transit service levels. The policies in this section below serve to implement this direction of the Growth Plan by providing for a mix of commercial and office uses. While the Industrial designation continues to apply to this area, the Special Policy Area designation will permit the development of land subject to the following policies. 14.7.1 These lands are intended to develop for a broad range of employment activities including Tight industrial (activity primarily occurring within buildings and with minimal outdoor storage); warehousing; office; laboratory and research facilities; automotive uses; service commercial uses such as restaurant, printing shop, fitness and recreation and convenience stores. The zoning by -law applicable to this area will list the permitted uses as well as the development regulations which will apply. 14.7.2 Through the implementing zoning a limited range of uses and no outside storage will be permitted on properties within 50 metres of Ferguson Street in this Special Policy Area in order to promote compatibility with the residential neighbourhood to the north. 14.7.3 This Plan provides for the continuation and expansion of the existing general industrial businesses within the Special Policy Area. However, in the long term, it is the intent of this Plan to provide for a transition of the area to light industrial, service commercial and tourist commercial uses. 14.7.4 In addition to the employment uses permitted in the area, Tourist Commercial uses may also be developed on land within 120 metres of Victoria Avenue south of Ferguson Street. Development of this and for Tourist Commercial uses may be permitted subject to an amendment to the Zoning By -law and the provision of the necessary infrastructure and transportation facilities to accommodate the development. 14.7.5 Development of the CN Rail property south of Buttrey Street will occur by way of a plan of subdivision to establish a new street system and development parcels. Plan of subdivision approval will require preparation of a functional servicing study to determine the necessary sanitary sewer, water system and stormwater management strategy for this area. 14.7.6 The City of Niagara Falls, in consultation with neighbourhood residents and businesses, will prepare a plan to provide streetscape improvements along and in the Buttrey Street area and upgrade needed infrastructure. The City may also provide grants and loans to promote environmental remediation, building and site improvement, as well as acquire and prepare property for redevelopment as permitted in the Community Improvement policies of this Plan and in the City of Niagara Falls Brownfields Community Improvement Plan. 14.7.7 The development of the Buttrey Street area should provide for a high quality of streetscape design, site planning and building design. The intersection of Victoria Avenue and Ferguson Street should be improved to serve as a gateway to the neighborhood. Street design should provide for pedestrian comfort and accommodate the needs of cyclists and transit users. 14.7.8 The design and development of individual sites should have regard to the following principles: a) Buildings should generally be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged throughout this neighbourhood with particular emphasis on buildings fronting onto Victoria Avenue. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading and service areas should generally be located in the rear or interior side yard to minimize views from public street. Landscaping and screening from public views will be required to achieve this objective. e) Loading areas should be provided so that all required truck movements are on- site. f) Outdoor amenity areas should be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. i) Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial to Industrial Special Policy Area "7" rah- CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL 1 1 RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls c uas_aeyoe.mvooev�nea�eevw ,anMtnM_ia and it must be read in conjunction with the written text s 1:NTS AM- 2008 -013 AUGUST 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, being a by -law to regulate uses and provisions within the Elgin Industrial Area. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D3 of Schedule "A" to By -law No 79 -200 is amended by: a) redesignating from GI and LI to PI and numbered A, the land located along the south side of Ferguson Street between Victoria Avenue and Stanton Avenue and shown hatched and designated PI and numbered 1 on Schedule 1, attached to and forming part of this by -law; b) redesignating from R2 -735 to PI and numbered A and A l the land located along the south side of Ferguson Street, east of Muir Avenue and shown hatched and designated PI and numbered A and A l on Schedule 2, attached to and forming part of this by -law; c) redesignating from LI -550 to PI and numbered A and 42 the land located at the southeast corner of Dyson Avenue and Ferguson Street and part of the lane passing between Dyson Avenue and Muir Avenue (Closed by By -law 5543) and shown hatched and designated PI and number A and 42 on Schedule 3, attached to and forming part of this by -law; d) redesignatmg from TDI -33, R2, LI and GI to LI and numbered B the land located east of Victoria Avenue to the rear of the lots fronting on the Niagara River Parkway and just east of Stanton Street, north from the CN Rail lines to a point approximately 50 metres south of Ferguson Street and shown hatched and designated LI and numbered B on Schedule 4, attached to and forming part of this by -law; e) redesignating from GI to LI and numbered 13 and B1 the land located east of Victoria Street, west of Dyson Avenue, and north of Buttrey Street to a point 50 metres south of Ferguson Street and shown hatched and designated LI and numbered 13 and 131 on Schedule 5, attached to and forming part of this by -law; f) redesignating from LI -526 to LI and numbered B and B2 the land located on the west side of Hickson Avenue and part of the Lane between Lots 182, 183, 184, 209, 210 and 211 and the western half of the Lane between Lots 185 and 208 according to Plan 32, now known as Plan 997 and shown hatched and designated LI and numbered B and B2 on Schedule 6, attached to and forming part of this by -law; g redesignating from GI -453 to LI and numbered B and B3 the land located on the north side of Buttrey Street, between Hickson Avenue and Broughton Avenue, and shown hatched and designated LI and numbered B and B3 on Schedule 6, attached to and forming part of this by -law; and APPENDIX 3 (e) (f) (g) (h) (i) 0) (k) 2 2 Notwithstanding the provisions of section 11 1 1 and of By -law No 79 -200, no person shall use the land shown hatched and designated PI and numbered A on Schedule 1 attached hereto, or erect or use any building or structure thereon, except for one or more of the following uses. (a) Car wash (b) Cold- storage- plant (c) Commercial printing and associated services establishment (d) Consulting engineering office Ice manufacturing plant Laboratory experimenting, commercial or testing Public garage, mechanical Warehouse Wholesale establishment Winery An office which is an accessory use to one of the foregoing permitted uses 3 Notwithstanding the provisions of clause (n) of section 11.1.2 of By -law No. 79 -200, no outside storage shall be permitted on the land shown hatched and designated PI and numbered .1 on Schedule 1 attached hereto. All other provisions of By -law 79 -200 shall continue to apply 4 None of the provisions of sections 11.1.1 and clauses (a) and (b) of section 11 1.2 of By -law 79 -200 for the lands shown hatched and designated PI and numbered A on Schedule 1 attached hereto shall apply to prevent the use of the land shown numbered Al on Schedule 2 attached hereto, or the use of the two existing buildings thereon or two, one family dwellings, except in compliance with the following regulations: (a) Minimum lot area the whole of the land shown hatched and designated PI and numbered Al on Schedule 2 attached hereto (b) Minimum landscaped open 50% of the lot area space 5 None of the provisions of sections 11.1.1 and 11.1.2 of By -law 79 -200 for the lands shown hatched and designated PI and numbered A on Schedule 1 attached hereto shall apply to prevent the existing building situated on the land shown numbered A2 on Schedule 3 attached hereto, from being used as a private club provided that 72 parking spaces are provided and maintained on the land. 6. Notwithstanding the provisions of section 11.2.1 of By -law No. 79 -200, no person shall use the land shown hatched and designated LI and numbered B on Schedule 4 attached hereto, or erect or use any building or structure thereon, except for one or more of the following uses provided that each such use, except the uses described in clauses (g) and is conducted within a wholly enclosed building and is not prohibited by Section 4.8 of the Zoning By -law: a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi processed or fully process materials, and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water carried waste 3 b) Art Gallery or Museum c) Auctioneering establishment d) Bake shop e) Bank, trust company, Credit Union f) Building Supplies shop and yard g) Car rental establishment, truck rental establishment h) Carpenter shop i) Commercial bakery j) Commercial printing and associated services establishment k) Consulting engineering office 1) Contractors or tradesmen shop m) Convenience store n) Dry cleaning establishment o) Funeral Home p) Laboratory experimenting, commercial or testing q) Multi -media and production studios r) Nursery for trees, shrubs, plants s) Office t) Personal Service shop u) Photographer Studio v) Place of entertainment w) Recreational uses x) Restaurant y) Shop for the repair and servicing of goods, machinery and equipment z) Tavern aa) Veterinarian office bb) Warehouse cc) Wholesale establishment dd) Winery ee) Accessory Buildings and Accessory structures associated with any of the foregoing uses, except for a dwelling unit ff) Accessory retail to a maximum of 465 square metres per permitted use. gg) The expansion of the existing manufacturing operations located between Victoria Avenue, Ferguson Street, Dyson Avenue and Buttrey Street as described in section 8 of this By -law; and Buttrey Street, Broughton and Hickson Avenues as described in sections 9 and 10 of this By -law onto those lands between Dyson Avenue, Buttrey Street and Stanton Avenue. 7. Notwithstanding the provisions of section 11.2.2 of By -law No. 79 -200, no person shall use the land shown hatched and designated LI and numbered B on Schedule 4 attached hereto or erect or use any building or structure thereon except in accordance with the following regulations: (a) Minimum lot frontage 30 metres (b) Minimum lot area 2000 square metres (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 (d) Minimum interior side yard 3 5 metres width (e) Minimum exterior side yard 7.5 metres plus any applicable distance width specified in section 4.27.1 (f) Minimum rear yard depth (g) Maximum height of building 12 metres subject to section 4.7 or structure (h) Minimum height of exterior walls the minimum vertical height of each exterior wall of any such building or structure shall be 2 5 metres above the elevation of the finished ground level at the mid point of the wall in question. (i) Maximum lot coverage 60% (1) Minimum landscaped open 5% of the lot area space (k) Parking and access in accordance with section 4.19.1 requirements (1) Loading area requirements in accordance with section 4.20 1 (m 4 (i) where the rear lot line 15 metres plus any applicable distance abuts a residential zone specified in section 4.27 1 (ii) where the rear lot line 7 5 metres plus any applicable distance does not abut a specified in section 4.27.1 residential zone All of the required front yard, except for any driveways and parking area, which shall not exceed, in the aggregate, 33% of the required front yard shall be maintained as landscaped open space. In the case of a corner lot, the exterior side yard shall be subject to the same landscaped open space regulations as for a front yard. In addition, that portion of the rear yard abutting on a side street, except for any driveways, shall be maintained as landscaped open space to a depth of 1.5 metres. Property abutting railways. Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right -of -way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right -of -way (n) Outside storage will not be permitted with the exception of uses (f) and where outside storage shall be limited to 5% of the lot area. Outdoor storage for the manufacturing operations in existence on the date of passing of By -law 2008- and any future expansion of these uses shall be visually screened from abutting uses by the use of landscaping and /or solid fencing. 5 (o) External design: the front exterior walls of any such building shall consist of stone, brick, architectural reinforced concrete, profile type concrete masonry units, glass and metal combinations, or any combination thereof The front 6 metres of each side exterior wall of any such building shall consist of any of the foregoing or of masonry, architectural metal, asbestos cement or material of similar standards provided that where- a- side exterior wall faces an abutting street it shall consist 6 f the same materials prescribed for the front exterior wall of such building 8 None of the provisions of sections 11.2 1 and 11.2.2 of By -law 79 -200 for the lands shown hatched and designated LI and numbered Bon Schedule 4 attached hereto shall apply to prevent the continued use or expansion of the manufacturing operation in effect on the date of passing of By -law 2008- on the land shown numbered 131 on Schedule 5 attached hereto until the cessation of such use. 9. None of the provisions of section 11.2.1 and clauses (c), (d), (f), and (j) of section 11.2.2 of By -law 79 -200 lands shown hatched and designated LI and numbered 13 on Schedule 4 attached hereto shall apply to prevent the continued use of the land shown numbered 132 on Schedule 6 attached hereto for the cleaning operations of moulds and castings, except in compliance with the following regulations: (a) Minimum setback from the 7.5 metres westerly limit of Hickson Avenue (b) Minimum setback from the 17 metres northerly property line (c) There are no setback requirements from the southerly and westerly property lines. (d) The minimum landscaped open space requirement shall consist of a 3 metre wide landscaped open space strip parallel to and abutting the northerly property line and 60% of the required front yard. (e) Upon cessation of the cleaning operations of moulds and castings operations in existence on the date of passing of By -law 2008- on the lands shown as LI -B2 on Schedule 6 attached hereto, the lands shall be subject to the provisions and regulations of the LI -B Zone. 10. None of the provisions of section 11.2.1 and clauses (c), (d), (e), (f), (j) and (k) of section 11.2.2 of By -law 79 -200 lands shown hatched and designated LI and numbered 13 on Schedule 4 attached hereto and section 4.19.1 of By -law No.79 -200 shall apply to prevent the continued use of the land, buildings or structures shown numbered 133 on Schedule 6 attached hereto shall apply to prevent the use of the existing operation in effect on the date of passing of By -law 2008- except in compliance with the following regulations: (a) There are no setback requirements for the southerly limit. 6 (b) No building or structure shall be erected on the lands: (i) closer than 2.10 metres to the easterly boundary of the lands; (ii) closer than 1.2 metres to the westerly boundary of the lands; (iii) closer than 2.1 metres to any other boundary of the lands. (c) The minimum landscaped open space shall be 6% of the lot area, which shall include a minimum 3.0 metre wide landscape open space strip located along the most northerly limit of the subject lands and shall be provided and maintained on the lands. (d) A minimum of 25 parking spaces shall be provided and maintained on the lands. (e) Upon cessation of the industrial operations in existence on the date of passing of By- law 2008 on the lands numbered B3 on Schedule 6 attached hereto, the lands shall be subject to the provisions and regulations of the LI -B Zone. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1. 19.1. 19.1. 19 1. Notwithstanding the provisions of sections 11.1.1 of By -law No 79 -200 no person shall use the land located along the south side of Ferguson Street between Victoria Avenue and Stanton Avenue and shown hatched and designated PI and numbered A on Sheet D3 of Schedule "A" except for a limited list of prestige industrial uses. The regulations of section 11.1.2 shall apply to these lands except that no outside storage shall be permitted in compliance with By -law No 2008- None of the provisions of sections 11.1.1 and 11.1.2 of By -law No 79 -200 shall apply to prevent the use of the land on the south side of Ferguson Street, designated PI and numbered AI on Sheet D3 of Schedule "A or the use of the existing buildings thereon for two, one family detached dwellings, except in compliance with By -law No. 2008- None of the provisions of sections 11.1.1 and 11.1.2 of By -law 79 -200 shall apply to prevent the existing building situated on the land on the southeast corner of Dyson Avenue and Ferguson Street and part of the lane passing between Dyson Avenue and Muir Avenue, designated PI and numbered A? on Sheet D3 of Schedule "A" from being used as a private club with a minimum of 72 parking spaces in compliance with By -law No. 2008- Notwithstanding the provisions of sections 11.2.1 and 11.1.2 of By -law No. 79 -200, an expanded list of uses are permitted on the land located east of Victoria Avenue to the rear of the lots fronting on the Niagara River Parkway and north from the CN Rail lines to a point approximately 50 metres south of Ferguson Street and designated LI and numbered B on Sheet D3 of Schedule "A" in compliance with By -law No. 2008- Outdoor storage shall only be permitted for car rental establishments, truck rental establishments and nurseries for trees, shrubs and plants as contained in By- law No. 2008- 19 1. 19.1 19.1. First Reading: August 18, 2008 Second Reading. August 18, 2008 Third Reading; August 18, 2008 F.Berardi:mb S ZONING \AMS\2008\By- laws\Byam013 Part 2.wpd 7 None of the provisions of sections 11.2.1 and 11.2.2 of By -law No 79 -200 shall apply to prevent the use of the land or any buildings or structures thereon for the continued manufacturing use in existence on the date of passing of by -law No 2008- on the land located north of Buttrey Street, south of Ferguson Street, east of Victoria Avenue and west of Dyson Avenue and designated LI and numbered 131 on Sheet D3 of Schedule "A Upon cessation of the existing manufacturing use all of the lands identified as LI and numbered 131 shall be subject to all of the provisions and regulations of section 19.1 without further amendment in compliance with By -law No. 2008- None of the provisions of sections 11.2.1 and 11.2 2 of section 19.1. of By -law 79 -200 shall apply to prevent the land on the west side of Hickson Avenue designated LI and numbered 82 on Sheet D3 of Schedule "A" from being used for the cleaning of moulds and castings, except in compliance with By -law No. 2008- Upon cessation of the existing manufacturing use all of the lands identified as LI and numbered I32 shall be subject to all of the provisions and regulations of section 19.1. without further amendment in compliance with By -law No. 2008- None of the provisions of sections 11.2 1 and 11.2.2 of section 19.1. and 4.19.1 (see 11) of By -law 79 -200 shall apply to prevent the continued use of the lands, buildings or structures on the lands located on the north side of Buttrey Street between Hickson Avenue and Broughton Avenue designated LI and numbered 133 on Sheet D3 of Schedule "A" for the cleaning operations of moulds and casting in compliance with By -law No. 2008 Upon cessation of the existing manufacturing use all of the lands identified as LI and numbered B3 shall be subject to all of the provisions and regulations of section 19.1. without further amendment in compliance with By -law No. 2008- 12 By -law No. 99 -65 is repealed and Section 19.1.453 of By -law No. 79 -200 is deleted. 13. By -law No. 2001 -147 is repealed and Section 19.1.550 of By -law No. 79 -200 is deleted. 14 By -law No. 2000 -196 is repealed and Section 19.1 526 of By -law No. 79 -200 is deleted. 15. By -law No. 2006 -79 is repealed and Section 19.1.735 of By -law No. 79 -200 is deleted. Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2008 Subject Land 167.6:m at 0 167.6 m 50 m MI MI MI WM MI MN MN MI NMI :65.8 65.8 m 13IFTIO ST LEADER LANE arm M z 111111 OM NO V N 50.3 m 65:8 rn 65:8 -m u1 66.4:M 30.5 m 66.2 m 30.5 MI M NMI 111111 MIII MI MI NM MI MIN 88.3 3; J 3 5.3 m 15.21m 1 30.5 m 111111111111111 UMW MI N11 LIM 4.3 88.2 "m 179.1 -m Applicant: City of Niagara Falls KAGLS_Reques1A20084 Schedules Vonin9AM\AM- 13\maPPIng•naP Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 75, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara 1:NTS AM- 2008 -013 August 2008 SCHEDULE 2 TO BY -LAW No. 2008 Subject Land FERGUSON Applicant: City of Niagara Falls K: \GIS Requests \2008\Schedules\ZpMngAM\A M-13 \mappInfl.map 13.8 m Bl1TTREY_ ST Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 75, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara N 1:N TS AM- 2008 -013 August 2008 SCHEDULE 3 TO BY -LAW No. 2008 Subject Land FER6U50N ST Applicant: City of Niagara Falls K: \G[S Requests 2008\ Schedules \ZonIngAM\AM-13\mappjng•map 'surrREY sr Description: Part of Township Lot 75, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Amending Zoning By -law No. 79 -200 1:N S AM -2008 -013 August 2008 SCHEDULE 4 TO BY -LAW No. 2008 Subject Land BRIDGE ST 1 11 1 _�ih�� 1111 ■�I� 111 111111 II M D mai Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 75 and 92, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls K:\GIS Requests\ 2008\ SchedulesVonIn9AMWN -13Vnapping•map N 1:N S AM- 2008 -013 August 2008 SCHEDULE 5 TO BY -LAW No. 2008 Subject Land ir Applicant: City of Niagara Falls FERGUSON :ST Description: Part of Township Lot 75, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara K:W IS_ Requests\2008\SchedulesVonIn1AM AM-13 \mappin9•map Amending Zoning By -law No. 79 -200 1:N S AM- 2008 -013 August 2008 SCHEDULE 6 TO BY -LAW No. 2008 Subject Land Applicant: City of Niagara Falls K:W IS_ Reques fs12008\SchedulesVoningAM\A 1- 13 Wapping.map Z. A Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 75, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara FERGUSON SL 1.NTS AM- 2008 -013 August 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, being a by -law to regulate uses and provisions within the Elgin Industrial Area. THE COUNCIL OF THE CORPORATION OF TIIE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by: a) redesignating from GI, I, and HI to OS the land of the former N, S T Rail corridor east of Stanley Avenue to a point east of Second Avenue and the City owned land containing Palmer Park located on the west side of Stanley Avenue, north of the former N, S T Rail corridor shown hatched and designated OS on Schedule 1, attached to and forming part of this by -law; b) redesignating from HI and I to R5B and numbered A, the land located between Stanley and Victoria Avenues, being north of the former N, S T Rail Corridor, east of the Hydro One Corridor to Fourth Avenue and shown hatched and designated R5B and numbered A on Schedule 2, attached to and forming part of this by -law; c) redesignating from LI and R2 to TC and numbered 13, the land located on the west side of Victoria Avenue north of Leader Lane and the land located on the east side of Victoria Avenue between Leader Lane and Ferguson Street and shown hatched and designated TC and numbered 11 on Schedule 3, attached to and forming part of this by -law d) redesignating from HI, HI -49, I, LI, and GI to LI and numbered C the land located west of the CN Rail Marshalling yards along Victoria Avenue and east of the Hydro Canal and the land located along the west side of Victoria Avenue north of Buttrey Street to a point just north of Leader Lane and shown hatched and designated LI and numbered C on Schedule 4, attached to and forming part of this by -law. 2. Sheet C3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from HI to LI and numbered C the land located along the east side of the Hydro Canal Corridor north of Stanley Avenue and shown hatched and designated LI and numbered C on Schedule 4, attached to and forming part of this by -law. 3 None of the provisions of section 7.11 of By -law No. 79 -200, shall apply to prevent the use of the land, building or structure within the area shown hatched and designated R5B and numbered A on Schedule 2 attached hereto for a commercial use on the ground floor only of an apartment dwelling in accordance with clause (h) of section 8.1.2 of By -law No. 79 -200. 4. Notwithstanding the provisions of section 8.6.1 of By -law No. 79 -200, no person shall use the land shown hatched and designated TC and numbered B on Schedule 3 attached hereto, or erect or use any building or structure thereon, except for one or more of the following (a) Art gallery (b) Assembly hall (c) Automobile service station (d) Bank, Trust Company, Credit Union, Currency Exchange 2 (e) Car rental establishment, truck rental establishment (f) Car wash, interior and exterior hand car cleaning (g) Convention centre (h) Day Nursery (i) Drive -in restaurant (j) Exhibitions of wax works, automobiles, handcrafts, natural or artificial curiosities, freaks of nature (k) Health Centre (1) Hotel (m) Motel (n) Museum (o) Parking lot (p) Personal Service shop (q) Photographer's studio (r) Place of entertainment (s) Place of worship (t) Private club (u) Public garage, mechanical (v) Recreational uses (w) Restaurant (x) Service shop (y) Sightseeing tours establishment, sightseeing tourist information centre (z) Tourist home (aa) dwelling units in a building in combination with one or more of the uses listed in this section, provided that not more than 50% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. (bb) Gasoline bar (cc) Office 5. Notwithstanding the provisions of section 11.2.1 of By -law No. 79 -200, no person shall use the land shown hatched and designated LI and numbered C on Schedule 4 attached hereto, or erect or use any building or structure thereon, except for one or more of the following uses provided that each such use, except the uses described in clauses (h), (ee), (ff) and (rr), is conducted within a wholly enclosed building and is not prohibited by Section 4.8 of the Zoning By-law a) Manufacturing. compounding, processing, packaging, crating, bottling, assembling of raw or semi processed or fully process materials, and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water carried waste b) Art Gallery or Museum c) Assembly hall d) Auctioneering establishment e) Bake shop f) Bank, Trust Company, Credit Union g} Building Supplies shop and yard h) Car rental establishment, truck rental establishment i) Car wash j) Carpenter shop k) Clinic 1) Cold storage plant m) Commercial bakery n) Commercial printing and associated services establishment o) Community building p) Contractors or tradesmen shop q) Consulting engineering office r) Convenience store s) Drive through restaurant t) Dry cleaning establishment u) Funeral Home v) Health Centre w) Hotel x) Laboratory y) Laundry z) Laundry plant aa) Library bb) Machine shop cc) Motel dd) Multi -media and production studios ee) New car agency ff) Nursery for trees, shrubs, plants gg) Office hh) Personal Service shop ii) Photographer Studio Place of entertainment kk) Place of Worship and Religious Institution 11) Public garage, autobody mm) Public garage mechanical nn) Recreational uses oo) Restaurant pp) Shop for the repair and servicing of goods, machinery and equipment qq) Tavern rr) Used car lot ss) Veterinarian office tt) Warehouse uu) Wholesale establishment vv) Winery ww) YMCA /YWCA xx) Accessory Buildings and Accessory structures associated with any of the foregoing uses, except for a dwelling unit yy) Accessory Retail to a maximum of 465 square metres per permitted use 6. Notwithstanding the provisions of clause (c), (j) and (n) of section 11.2.2 of By -law No. 79- 200 no person shall use the lands or erect or use any building or structure within the area show hatched and designated LI and numbered C on Schedule 4 attached hereto except in compliance with the following (a) Minimum front yard depth 3 (b) Minimum landscaped open 5% space 6 metres plus any applicable distance specified in section 4 27.1 (c 7 Section 19 of By -law No. 79 -200 is amended by adding thereto the following 19.1. 19.1. 19 1. 8. Section 19.1.49(a) of By -law No. 79 -200 is deleted. Passed this eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; A minimum of 6 metres between the street line and any parking area except for any driveways shall be maintained as a landscaped open space. In the case of a corner lot, the exterior side yard shall be subject to the same landscaped open space regulations as for a front yard. In addition, that portion of the rear yard abutting on a side street, except for any driveways, shall be maintained as landscaped open space to a depth of 1.5 metres. Outside storage will be limited to 5% of the site area, except that no outdoor storage will be permitted within 50 metres of Thorold Stone Road. None of the provisions of section 7.11 of By -law No. 79 -200, shall apply to prevent the use of the ground floor of any apartment building constructed on the land north of the former N S T Rail Corridor, east of the Hydro One Corridor to Fourth Avenue designated R5B and numbered A on Sheet D3 of Schedule "A for a commercial use in accordance with clause (h) of section 8 1.2 of By -law 79 -200 in compliance with By -law No. 2008- The provisions of section 8.6.1 of By -law No. 79 -200, with the exception of retail uses and with the addition of an office use shall apply to the land located on the west side of Victoria Avenue north of Leader Lane and the land located on the east side of Victoria Avenue between Leader Lane and Ferguson Street and shown hatched and designated TC and numbered 13 on Sheet D3 of Schedule "A" in compliance with By -law No 2008- Notwithstanding the provisions of sections 11.2.1 and 11.2.2 of By -law No. 79 -200, no person shall use the land located west of the CN Rail Marshalling yards and east of the Hydro Canal, and the land located along the west side of Victoria Avenue north of Buttrey Street to a point just north of Leader Lane, and designated LI and numbered C on Sheets C3 and D3 of Schedule "A" except for the commercial and industrial uses, and in compliance with the special provisions regarding front yard setback, landscaping and outdoor storage, contained in By -law No. 2008- August 18, 2008 August 18, 2008 August 18, 2008 F.Berardi:mb S ZONING \AMS\2008 \By- laws\Byam013Part 1 wpd 4 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land MUIR MUM MINI II I Ark /I�il�ill!nl� ®�II�I!•��Il�l�r� 482.8 m WARM UMW,01=01•1 WIN MUM MEI 1 C: a III MIR 111011111■• 111111111== �r 111=11•11= =.1 NM NM r O■= I: uiir llialilIk ill: l:alo:el 11 11 1111 Iflllall1l x!1111 Applicant: City of Niagara Falls K \GLS_ Requests \2008\SchedulesVonIn9AM WN-13 WappIng.map Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara N 1:NTS AM- 2008 -013 August 2008 m SCHEDULE 2 TO BY -LAW No. 2008 Subject Land Description: Part of Township Lots 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls K: \GIS Requests\ 2008\ Schedules \ZonIngAM\AM- 13\mapping.map 61.1 m 236.1 m BRTDGE; ST 13.8 m 18.3 m —47.2m Amending Zoning By -law No. 79 -200 1:NTS AM- 2008 -013 August 2008 SCHEDULE 3 TO BY -LAW No. 2008 Subject Land Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 75 and 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls 1:N TS AM- 2008 -013 K: \GIS_Requests\2OO8\ Schedules \ZonIngAM\AM- 13\mapp(n9.maP August 2008 SCHEDULE 4 TO BY -LAW No. 2008 Subject Land 11111111111111 Description: Part of Township Lots 59, 74, 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls Amending Zoning By -law No. 79 -200 N 1:NTS AM- 2008 -013 K: \GIS Requests 2008\ Schedules VoningAMyAM- 13\mapping.map August 2008 4625 ONTARIO AVE. P.O. BOX 897 NIAGARA FALLS, ON CANADA L2E 6V6 TEL (905) 356-2621 FAX (905) 356.6904 bro derlckpartners.com J.J. BRODERICK L.S.M. Law Society Certified Civil Litigation Specialist W.A. AMADIO J.B. IHOPKINS G.A. KIRKHAM I.M. GILBERT' Fluent in Italian French R. B. BURNS E.P. LUSTIG M. DIGIROLAMO D. F. MARINELLI (1945 1997) Dear Sir. August 5, 2008 HAND DELIVERED Attention: Mr. Alex Herlovitch BARRISTERS AND SOLICITORS Broderick&Partners LLP Effective legal service in Niagara since 1951. Director of Planning and Development, City of Niagara Falls, 4310 Queen Street, Niagara Falls, Ontario. L2E 6X5 RE: ELGIN INDUSTRIAL AREA OFFICIAL PLAN AND ZONING BY -LAW AMENDMENT APPLICATION CITY FILE: AM -2008 -013 CITY OF NIAGARA FALLS We act for Daniel and Elizabeth Trabucco, the owners of a four apartment residential building located at the southeast corner of Ferguson Street and Broughton Avenue. They also own a vacant lot adjacent to the apartment building. The building is in good condition and is fully occupied. As a result, our clients would prefer their parcel to be designated under Item #3 rather than Item #8. One of the major reasons is that we have no clear idea what "prestige industrial uses except for manufacturing, outdoor storage or community serving uses" means. Our clients have enjoyed the apartment residential zoning for many years and are content to leave it as is. However, to support the Official Plan amendment, our clients would be prepared to accept your designation of "apartment residential with limited ground floor commercial uses C L} RECEIVED AUG 6 2008 PLANNING DEVEf opkAr'1\t -r -2- Please provide us with the final report provided for Council's consideration Yours truly, BRODERICK PARTNERS LLPi Per: (JJ J. BRODERICK Q.C.) JJB•Ip JUL -30 -2008 16:37 From:CAPLAN 905 688 8933 T o:90S 2354 Zoning FREDERICK CAPLAN, B.A., LL.B. BARRISTER SOLTCITOR 4 Centre Strer,i„ P.() Box 430, St. Catharines, ON, Canada L2R 6V9 Telephone (90[i) 688.8811 FacBrtni1e: (90 5) 688-8933 Frederick Caplan, D.A., LL.B. Mihaela Ada J3a1gj, B.A., LL.B.. i, m.ai1' caplanc(cogeco.act L mail' a balaRcogeco.net SENT BY FACSIMILE. -905- 356 -2354 July 30, 2008 CITY OF NIAGARA, FALLS 4310 Queen Street Niagara Falls, Ontario L2E 6X$ ATI ENTION: ALEX IIERI,OVITC* Dear Sir: Our current plans are to rebuild on the same footprint but to expand the height to match the newer part of the foundry. JUL 3 1GC^ JUL 3 20 P.1 /2 I have had the opportunity to review your amendment proposal which is the subject of the August 18 public meeting. Although the document was a summary and perhaps not totally accurate, it does indicate that there would he a zoning change to the arca together with an Official Plan. change, indicating that any expansion or change in use would have to comply with light industrial use rather than the current heavy industrial uses, That change was nor discussed and I do not believe was ever part of the proposals that had been put to us and that we commented on previously, Under the warding that you propose, it might be the case that that new portion would be l�rnute;d to light industrial which would be completely. unacceptable. OP RE: ELC.T.N INDUSTRIAL AREA- Official plan and Zoning By -law Amendment Appin. City .Pile No: AM 2008 013 That makes the proposed zoning unacceptable to us. For example, you arc aware that WO had a recent lire which destroyed a small part of the building on the southwest. RECEIVED j PLANNING t DEVELOPMENT) JUL -30 2008 16:37 From:CAPLAN 985 688 8933 Outdoor storage is currently a permitted use Outdoor storage is critical for n foundry. 2 it is conceivable that under your proposal that if we add land to the property to the north that we would lose the ability to have outdoor storage on the entire Int. That would go a long way to making the current use non- viable. Ti is anticipated that. ongoing expansion, rationalization and improvements will allow employment to go from the current level of about 45 employees to over 100 As you are aware our employees are well paid and have full benefits, To:905 356 2354 P.2'2 As the City is also aware, we have been purchasing lands to the east both to allow tar expansion space and to eliminate residential neighbours for purposes of compatibility. The proposal would appear to limit the uses of that expansion land which are critical to the future of the business. 1 would also note that we have recently offered to buy the City owned lands on Hicksrni. Avenue which used to be a hydro substation. It is important to us that if we are to buy those lauds that they be useable. for parking. This would require a zoning change. That purchase and the. zoning change would greatly ease currently tight parking. Perhaps that zoning change should be included in the current proposal. la our view, we really .need to tighten up the terminology. We do not think that the City is intending the results that we have noted above, but would like to make sure that unintended results do not occur. I trust that the above is satisfactory, 1 remain. Yours very truly, FRF1)ERTCK PLAN .FC /rl An agency of the Government of Ontario since 1885 Jim Williams Chairman Niagara Par KS I +1 Mr. Alex Herlovitch Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir RE: OFFICIAL PLAN AND ZONING BY LAW AMENDMENT APPLICATION AM- 2008 -013 The Niagara Parks Commission has no objection to this application, however we would like to remind the City that according to the Niagara Parks Act and specifically section 38 of the Public transportation and Highway Improvement Act that a permit is required from the Commission for any development within 800 metres of a controlled access roadway (River Road and Niagara River Parkway) We would appreciate a copy of the council's decision Yours truly, THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com Engineering Dave Gillis Phone. 905/356 -2241, ext. 260 Fax: 905/356 -7262 E -Mail: npceng @niagaraparks.com July 30, 2008 Dave Gillis, MCIP, RPP /cr Manager Planning Properties ZoNsACt RECEIVED AUG 12008 PLANNING DEVELOPMENT John Kernahan General Manager August 1, 2008, MR. ALEX HERLOVITCH DIRECTOR, PLANNING DEVELOPMENT CITY HALL 4310 QUEEN STREET NIAGARA FALLS, CANADA Dear Mr. Herlovitch: RE: CITY FILE AM- 2008 013 C.N.F. Thankyou, for your letter of information, dated July 25, 2008. Having reviewed and discussed this item with members of your staff, I have no problems with the above. I might add that I am releived to note that there is no talk, at this time, of developers "eyeing over our area" with ideas of building high -rise condos. Any such discussions, I am confident will be brought to my attention by your office. I HAVE ABSOLUTELY NO INTENTION OF SET T,ING OR MOVING While I'm on the subject, I do have some concern for Hickson Avenue, south of Ferguson Street. Many of the homes have been bought, or will be sold. Some homes have been torn down. The area is beginning to take on a shabby look. Finally, I am pleased with your policy of informing all homeowners, of the area, of this latest move. This policy allows for NO EXCUSE FOR APATHY. You are aware that, in my opinion, apathy is the eventual death of any nieghborhood or city. I remain, Sincerly yo i i b la- PH :p PETER H. HUGHES 4113 HICKSON AVENUE NIAGARA FALLS, CANADA L2E 3K1 -Z( ni RECEIVED AUG 5 2008 PLANNING DEVELOPMENT Aug 12 08 09:06a Dan 9054681058 p.1 SENT BY FACSIMILE TO (905) 357 -9293 2pgs August I1, 2008 CITY OF NIAGARA FALLS 4310 Queen Street Niagara Fails, ON L2E 6X5 V e roW,cai'3 Brokev S u.titosv Groin Skyway Realty Iri.c/. B rokera,' 33 Lakeshore Rd. St. Catharines, Ontario L2N 7B3 Phone: (905) 646 -9001 Fax: (905) 646 -9110 Cell: (905) 329 -0496 Email: contactme (wveronica4realestate.com Web: www.veronica4realeste.com ATTENTION: ALEX HERLOVITCH DIRECTOR OF PLANNING DEVELOPMENT RE: Elgin Industrial Area Official Plan and Zoning By -Law Amendment Application City File: AM- 2008 -013 City of Niagara Falls I am writing on behalf of 1486594 Ontario Ltd., a family corporation that owns the Glenview Mansion, a two acre property located at 4223 Terrace Avenue, Niagara Falls. Please accept the following submissions as our position with regard to the above noted application. Since our purchase of the Glenview Mansion we have made a continuous effort to improve the property. To date, we have invested a significant portion of our family savings into it. When we learned more about Glenview's historical significance, we sought out, and acquired, designation under the Heritage Act and a zoning change to permit an Inn and Spa. The proximity of the Mansion, and all of Silvertown, to the Falls, and countless other touristic attractions provides a wonderful opportunity to show off the beauty of Niagara Falls. However. instead of making the most of this opportunity and injecting funds for parks and clean up of the area, the City wishes to permit continuation of industry on prime real estate property in the heart of the City. 11.lJ'?�i RECEIVED AUG 1 2 2008 PLANNING DEVELOPMENT Aug 12 08 09:0 7a Or We are strongly opposed to any new, or continued, industrial, light industrial, warehousing, automotive or other such type uses, especially on the CN lands and lands on the north side of Buttrey Street. While the lands may be too contaminated to permit residential uses, the CN lands are a prime opportunity for Brownfield redevelopment, and we feel the greatest benefit is achieved by implementing tourist commercial and retail uses in that area. Such development would stimulate further investment and improvement of the residential area, rather than continue to drag it down as an industrial hub Thank you for considering our input and we look forward to receipt of the decision in regard to the subject application. Yours trply, Verdn' Balaj President 2 9054681058 p.2 August 18, 2008 F- 2008 -28 Ni a11s His Worship Mayor Ted Salci c A A A and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re: F- 2008 -28 2007 Reserves and Reserve Funds RECOMMENDATION: That Council review and approve the 2007 transfers to reserves and reserve funds BACKGROUND: Reserves and reserve funds are authorized by City Council via The Municipal Act and other legislation. Reserves and reserve funds are designated by Council approval for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years In September2007, Council approved the City's financial policies as a guideline for three areas of interest. One aspect of the policy referred to financial policies for reserves The annual reporting for reserves has been provided based on the policy The following is a brief explanation of the kinds of reserves and reserve funds. Reserves A Financial Reserve is a financial provision or amount that is designated for a future purpose that extends beyond the current fiscal year. Reserves can be obligatory, due to legislation within the Municipal Act or in other legislation binding the Corporation. The legislation for obligatory reserves demands that reserves be established, that the funds be set aside in separate bank accounts and that these be segregated from other reserves These reserves must be used for the purpose that they were collected for. Alternatively, reserves can also be discretionary, that is, established at the behest of Council for purposes of the Municipality The Financial Policies of the City of Niagara Falls identifies five justifications for the establishment of reserves, both obligatory and discretionary. To provide stability of tax and user rates To provide financing for one time or short term requirements To segregate funds received and /or to be used for a specific purpose To make provisions for replacements acquisitions of assets /infrastructure To providelfor future liabilities incurred in the current year expenditure Working Together to Serve Our Community Corporate Services Department Finance Reserve Reserve Funds as at December 31, 2007 Obligatory Discretionary Total Capital $4,660,873 $43,599,199 $48,260,072 Development Charges $11,955,424 $0 $11,955,424 Stabilization $0 $6,457,539 $6,457,539 Program Specific $0 $6,322,901 $6,322,901 Vehicle Equipment $0 $656,521 $656,521 Buildings Facilities $0 $2,113,302 $2,113,302 Corporate Liability $0 $4,169,776 $4,1 69,776 Total $16,616,297 $63,319,238 $79,935,535 F- 2008 -28 2 August 18, 2008 The major classification of the reserves and reserve funds are as follows, Capital Reserves Development Charge Reserves Stabilization Reserves Program Specific Reserves Vehicle Replacement Reserves Building Facility reserve Corporate Liability Reserves The balance of the total reserves and reserve funds held at December 31, 2007 is $79,935,534 and is highlighted in the attached chart below Additional information is provided on each classification as follows. 1. Capital Reserves These reserves are established to make provisions for replacements and acquisitions of infrastructure as it relates to water, sewer and general assets. In 2007, the implemented policy suggested that amounts should be phased in over 5 -10 year period. At the end of 2007, the balance in this area is $48,260,072 This category has a wide variety of reserves and include both large discretionary items and large obligatory funds. Examples of reserves in this area include Capital Funding Reserve for Water Projects $6,049,096 (discretionary). Transit Gas Tax Rebate (Provincial) Reserve Fund $1,436,879 (obligatory) Convention Center Capital Reserve Fund $18,028,258.(discretionary) Staff in the City's Finance and Municipal Works divisions are currently finalizing the inventory of the capital assets of the City's infrastructure and will use this information to evaluate the adequacy of the reserve Levels. F- 2008 -28 3 August 18, 2008 2. Development Charge Reserves These reserves are established for the development of new infrastructure due to growth. These are obligatory and subject to additional reporting to Council see F- 2008 -29). At the end of 2007, the balance of the reserves in this area was $11,955,424. Staff is currently reviewing the DC background study and will be recommending a new bylaw in 2009 3. Stabilization Reserves The purpose of these types of reserves is to provide separate reserves for the stabilization of tax rates, water and sewer rates, waste management and building permit rates. These reserves are discretionary and represent prudent financial planning for the Corporation. The balance at the end of 2007 was $6,457,539. This category consists of discretionary reserves, however it also includes the operating surplus from the previous year which is required to be applied to the calculation of the subsequent year's tax rate. This is a requirement of the the Municipal Act,2001 Examples of reserves in this area include: Tax Rate Stabilization Special Purpose Reserve $2,527,008 Building Permit Stabilization Special Purpose Reserve $424,118 Tax Write -Off Stabilization Special Purpose Reserve $115,521 4. Program Specific Reserves The purpose of these reserves are firstly to provide funds that will be used for a specific purpose and secondly, to provide funds for financing one time or short term requirements. There are numerous reserves established with all of them being discretionary. At the end of 2007, the balance in this reserve category was $6,322,901. This category consists of discretionary reserves. Examples of reserves in this area include: Downtown CIP Special Purpose Reserve $896,965 Urban Design Guidelines Study Special Purpose Reserve $57,000 Arts Scholarship Young Family Special Purpose Reserve $37,916 5. Vehicle and Equipment Reserves The replacement of vehicles and equipment are funded annually from transfers from the operating budget. The annual funding level for equipment and vehicles will be ascertained through the PSAB 3150 process and through the development of capital replacement plans. At the end of the year the balance in this reserve category was $656,521. This category consists of discretionary reserves. Examples of reserves in this area include: Equipment Information Services Special Purpose Reserve $198,000 NF Arena Score clock Special Purpose Reserve $35,381 Water Patrol Boat St Johns Ambulance Reserve Fund- $28,490 F- 2008 -28 6. Building and Facilities Reserves Discretionary reserves exist for the purposes of refurbishing City buildings and facilities The annual funding level for these responsibilities will be ascertained through the PSAB 3150 process and through the development of capital replacement plans. At the end of the year the balance in this reserve category was $2,113,302. This category consists of discretionary reserves Examples of reserves in this area include: Improvements Building and Yard Special Purpose Reserve $240,348 Salt Storage Building Special Purpose Reserve $57,000 Energy Projects Special Purpose Reserve $28,490 7. Corporate Liability Reserves in this category are to provide for future liabilities incurred in the current year expenditure. These expenditures are corporate in nature and relate to responsibilities like sick leave workers compensation and employee benefits. These reserves ensure that financial obligations can be met so that the Corporation can avoid wide fluctuations in annual expenditures At the end of the year the balance in this reserve category was $4,169,776. This category consists of discretionary reserves Examples of reserves in this area include Sick Leave Corporate Liability Reserve Fund $1,073,533 Workers Compensation Corporate Liability Reserve Fund $636,039 Section 37 Special Purpose Reserve $700,000 In addition to the previously shown chart, staff have attached a copy of the summary that has been presented in previous years. This summary highlights the reserves and reserve funds for 2007 showing the balances at January 1, 2007, the amounts added, the amounts used in 2007, and the balances at December 31, 2007. Todd Harri on, Dirt: ctor of Financial Services Recommended by: Approved by: Respectfully submitted 4 August 18, 2008 K. E. Burden, Executive Director of Corporate Services MacDonald, Chief Administrative Officer RESERVES RESERVE FUNDS (Set aside by Council) Obligatory Development Charges Development Charges bylaw 99 -144 Federal Gas Tax Rebate Infrastructure Federal Gas Tax Rebate Transit Transit Gas Tax Rebate 2% Prklnd Dedictn Chippewa 2% Prklnd Dedictn River Road 2 °/o Prklnd Dedictn Whirlpool 2% Prklnd Dedictn Lundy's Lane 2% Prklnd Dedictn Fallsview 2% Prklnd Dedictn Clifton Hit RESERVE FUNDS (Set aside by Legislation) Public Purpose (Planning Act) Municipal Parking 2007 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1 /07 CONTRIBUTIONS USES USES USES DEC 31/07 Special Purposes 12,538,713 42 8,028,175.28 (2,318,375 33) (1,037,783 44) (3,356,158 77) 17,210,729.93 Working Capital 265,000 00 265,000 00 Watermain Improvements Metering Program TOTAL RESERVES 12,803,713.42 8,028,175.28 (2,318,375.33) (1,037,783.44) (3,356,158.77) 17,475,729.93 CAPITAL HOLDING RESERVE 24,972,799.85 17,115,461.89 (28,460,123.61) (28,460,123.61) 13,628,138.13 326,905 74 14,360 51 17,557,489 02 2,578,086 71 1,574,402.55 1,077,446 65 268,136 16 12,270.02 785,769 06 1,183,109 53 1,750 00 2,692.75 109 68 33,250 00 96,457.25 7,243.69 436,103 76 157,873 81 247,491 74 12,787 67 Discretionary Collins/Toby Debenture 98 -2001 43,363.87 1,707 40 Erwin /Barnett 40 yr licence agreement 19,098.40 760 76 Long 40 yr licence agreement 14,201 86 558.23 Terrio 40 yr licence agreement 15,400.45 603.64 Sick Leave Liability 1,033,827 74 44,512.98 L.L. Battlefield Debenture 98 -2001 64,364.23 2,542.62 Workers Compensation 1,203,950.50 51,725 38 Fire Stn #5 Willoughby Mtg fund 100,216.89 4,287.22 NF Hydro Debenture #8416 -96 82,648.98 3,272.28 Recreation Trail Development 51,264.07 2,329 76 Capital /Operating Fund 6,222,520 18 273,530 02 Tree Planting Developers 15,703.56 2,426.33 Park Development 118,619 59 4,692.22 Sewer and Water Impost 1,161,883 73 50,875.28 Expansion and Renewal 207,437.57 8,638.49 Conrail Drainage 556,546 37 27,120 66 Prepaid Subdivision Work 179,394 45 7,715.44 Sidewalk Construction 261,003.40 12,604 75 Future Municipal Works 722,318.08 31,516 47 Lot Drainage 145,090.77 6,115 11 Library Special Projects 282,776.86 18,794 01 Library Property Maintenance 187,672.60 66,725.30 Library Automation Fund 249,566.84 21,254.46 Sanitary (Recycling Surplus) 346,621 90 14,995.95 Sports Fnd new equip /program 4,544 70 186.16 Projs Special Needs' Children 14,306.87 574 58 Heritage Week 53,953.51 2,171.91 Coat of Arms 2,085 02 86 99 Niagara Tunnel Comm'ty Imprvmt 1,285,818 00 54,159 86 OPG Agreement 208,573 61 5,114.64 Water Patrol Boat 25,000 00 3,490.26 Branscombe Family Grant 14,580.00 576 49 Convention Centre 18,053,039 09 Fire Interop Radios Debenture bylaw 56 -2006 70,000 00 846,413.20 892,658.71 (256,163 33) (532,000 00) (11,275 00) (2,130 12) (1,339.08) (6,026 47) (1,863.84) (1,383 76) (487 60) (4,807 37) (10,014.87) (619,636 52) (17,237.23) (85,921.26) 66,369 01 (1,400 00) (327 34) (7,595.23) (6,924 98) (3,380 76) (887.85) (1,386.56) (4,576.39) (587.37) (1,987 54) (497,061 57) (100,199 51) (11,766.28) (24,781 31) (5,618 66) 101,853 14 (1,072.55) 36,766.23 (5,053.93) 341, 266.25 (8,265,254 60) (8,521,417 93) 11,614,157 80 (2,560,842.44) (2,560,842.44) 91,006 76 280,406 18 (532,000.00) 1,436,878 59 1,750 00 2,802.43 33,250 00 (11,275.00) 92,425.94 (2,130 12) 591,847 45 (1,339 08) 258,940.33 (6,026 47) 39,044 80 (1,863,84) 17,995 32 (1,383 76) 13,376 33 (487 60) 15,516 49 (4,807 37) 1,073,533.35 (10,014 87) 56,891 98 (619,636.52) 636,039 36 (24,915 01) (42,152.24) 62,351 87 (85,921.26) 53,593.83 (115,000 00) (48,630.99) 6,447,419.21 (1,400.00) 16,729.89 (4,959 80) (5,287 14) 118,024 67 (7,595.23) 1,205,163 78 (6,924 98) 209,151 08 (3,380.76) 580,286.27 (887 85) 186,222.04 (1,386.56) 272,221 59 (4,576.39) 749,258.16 (587 37) 150,618.51 301,570 87 (33,323.03) (33,323.03) 221,074.87 270,821 30 (1,987 54) 359,630.31 4,730.86 14,881 45 56,125.42 2,172.01 (497,061 57) 842,916.29 (100,199 51) 113,488.74 28,490.26 (11,766.28) 3,390.21 (24,781 31) 18,028,257 78 (5,618.66) 64,381.34 (1,072,55) 947,193.79 (5,053.93) 924,371 01 TOTAL RESERVE FUNDS 37,928,874.54 24,065,612.38 (2,158,525.27) (11,004,294.88) (13,162,820.15) 48,831,666.77 TOTAL OF ALL RESERVES RESERVE FUNDS 75,705,387.81 49,209,249.55 (4,476,900.60) (40,502,201.93) (44,979,102.53) 79,935,534.83 August 18, 2008 F- 2008 -29 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: F- 2008 -29 Development Charges 2007 Financial Information RECOMMENDATION: NiagiiaJails CANADA That Council receive and file the attached financial statements regarding Development Charges for the 2007 fiscal year. BACKGROUND: It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part 11 of the Development Charges Act, 1997 The required content for this financial reporting is as follows. Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year Development Charges Received or Receivable These development charges are to be allocated to the specific service to which they are to be applied Development Charges Refunded The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89 The total refunded amount is to be credited to the specific service to which the original charges had; been applied. Working Together to Serve Our Community Corporate Services Department Finance August 18, 2008 2 F- 2008 -29 Accrued Interest The total interest earned on all reserve fund investments shall be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. A summary of the financial statement follows: Balance as at January 1, 2007 $17,884,395 Received Development Charges 1,845,007 Refunded Development Charges (68,038) Interest Earned 675,730 Transfer to Capital Projects 8,265,255 Transfer to Operating 116,416 Balance as at December 31, 2007 $11,955,424 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $8,265,255 Ontario Grant 5,716,307 Operating Revenue Fund 390,774 Reserve Fund 148,323 Capital Liability Accounts 5,237,398 Debenture 430,000 Outside Billings 1,051,746 Total Funding $21,239,803 History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2000 $6,046,104 2001 $1,749,850 (151,676) $447,686 $8,091,964 2002 $6,957,782 (414,377) $500,033 $15,135,402 2003 $2,842,786 (827,954) $631,405 $17,781,639 2004 $1,602,164 (5,689,407) $557,811 $14,252,207 2005 $2,523,939 (658,577) $486,469 $16,604,038 2006 $1,334,196 (587,869) $534,030 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 $11,995,424 August 18, 2008 3 F- 2008 -29 Historical Trend of Development Charges During the 2008 budget deliberations, there was significant discussion regarding the development charges accounts. Below is a chart summarizing the history of the development charges account since 2001. As the chart shows, the Development Charge reserve funds are collected and interest is earned during the year. Also funds are expended on eligible projects as required, with the amounts collected and expended varying from year to year. Revenue from development activity has been consistent over the past seven years except for 2002 where in the funds collected for the Fallsview Casino development skewed the year to year comparison. On the disbursement side, significant expended amounts occurred in 2004 and 2007 showing the use of funds on eligible projects. Lastly, it should be noted that the balance in development charges as at December 31, 2000 was $6,046,104 and this has increased to $11,995,424 as at December 31, 2007. Recommended by: Approved by: Respectfully submitted: Todd Harriso%, Director of Financial Services Ken Burden, Executive Director of Corporate Services Johr,Efi/1acDonald, Chief Adm', istrative Officer DEVELOPMENT CHARGES RESERVE FUNDS Sub Account Purpose /Service GENERAL SERVICES INELIGIBLE (s.s.2.4, s.s.5.3) Government 176,214 Municipal Works 150,692 General Services Total 326,906 CITY WIDE SERVICES Administration Roads Transit Parks Recreation Library URBAN SERVICES OTC Water Sanitary Sewerage Storm Water Managment Fire Urban Services OTC Total TOURIST CORE SERVICES Water Sanitary Sewerage Storm Water Managment Fire Tourist Core Services Total SUBTOTAL RESERVE FUNDS GRAND TOTAL City Wide Services Total BANK BALANCE (Account#411 -14) BANK BALANCE (Account #63 -19) RECEIVABLES GST rebate INVESTMENTS (as at Dec. 31/07) DUE (TO)FROM REVENUE FUND TOTAL Opening Balance Jan 1/07 CITY OF NIAGARA FALLS DEVELOPMENT CHARGES FINANCIAL STATEMENT OF CONTINUITY FOR THE PERIOD JAN 1 TO DEC. 31, 2007 Add. Received Development Charges 332,769 48,743 4,211,483 615,574 238,112 74,070 1,498,288 390,072 367,319 144,567 6,647,971 1,273,027 899,208 93,757 1,566,765 120,376 2,565,836 209,573 815,210 83,849 5,847,020 507,554 207,695 1,510 428,936 3,117 3,878,484 28,189 547,384 31,610 5,062,499 64,425 17,557,489 1,845,007 17,884,395 1,845,007 Subtract: Add: Refunded Interest Development Earned Charges 0 0 7,742 0 0 6,619 0 0 14,361 (2,874) (37,756) (4,568) (9,252) (2,732) (57,181) (130) (709) (1,022) (5,295) (7,157) (87) (179) (1,619) (1,815) (3,700) 13,589 159,349 9,522 58,088 14,503 255,050 33,236 58,116 95,115 31,763 218,229 7,675 15,850 143,320 21,246 188,091 (68,038) 661,370 (68,038) 675,731 Subtract: Subtract: Allocation: Transfers Transfers To Capital To Projects Operating 0 0 0 0 (230,409) 0 0 (88,610) (319, 019) (789,861) (1,345,910) (2,212,925) 0 (4,348,695) (165,487) 341,766 3,090,288 0 (3,597,541) 0 0 0 0 (116,416) 0 0 0 (116,416) 0 0 0 0 0 0 0 0 0 0 (8,265,255) (116,416) (8,265,255) (116,416) Transfers Between Services Closing Balance Dec. 31/07 0 183,956 0 157,310 0 341,266 0 392,227 0 4,601,827 0 317,136 0 1,937,196 0 435,047 0 7,683,432 O 236,210 0 398,638 0 656,576 O 925,527 0 2,216,951 O 51,306 O 105,958 0 958,086 0 598,424 0 1,713,774 0 11,614,158 0 11, 955, 424 341,266 6,318,064 1,808 10, 777, 316 (5,483,030) 11,955,424 City of Niagara Falls History of Transfers from Development Charges to Capital Capital Project Name 2007 Roads. R4 Stanley Avenue Roads. R8 Montrose Reconstruction TSF to 420 Roads. R12: Stanley Reconstruction Dropshaft Sanitary Sewer SS7 St David's Sanitary Servicing Sanitary Sewer SS8 Garner South Sewer (Grassybrook) Storm Sewer' STMS9 Casino Parking Lot (Drainage Area 11) Storm Sewer STMS10 Front End Servicing Agreements Storm Sewer STMS11 Garmer Estate Subdivision Storm Sewer STMS13 McRae Stamford Reconstruction Storm Sewer STMS23 Kitchener Street Water W8 Grassybrook West Watermain Library' L2 Community Centre Branch new materials Library: L4 Community Centre Branch Furniture Equipment Library' L9 System Furniture Equipment General Fund (311000) Weinbrenner 2006 Parks. P19 PRC Strategic Plan Parks Facilities RF5 Patrick Cummings Memorial Sports Park Library' L2 Community Centre Branch new materials Library' L4 Community Centre Branch Furniture Equipment Library' L5 Victoria Ave Branch Automation 2005 General Government: G2 Development Charges Update Study Roads R6 New Sidewalk Construction (Montrose) this was for the section from the park to Kinsmen to Chamwood Roads R36 Misc Growth Related Studies Roads: R30 Downtown Core Traffic Study Great Wolf Lodge Parks: P16 C.B Wright Park Parks Facilities. RF2 Skateboard Park Parks Facilities. RF3 Community Centre (for Sidewalk) this was for the section from McLeod Rd to the park Parks Facilities. RF4 Girls Home for Soccer Parks Facilities. RF5 Patrick Cummings Memorial Sports Park 2004 General Government: General Government: General Government: Roads: R23 Casino Roads: R23 Casino Transit: T1 Sanitary Sewer SS3 Parks Facilities. RF4 Parks Facilities. RF5 G2 Development Charges Update Study G4 Land Sales Purchases (MW- 2004 -80) G4 Land Sales Purchases (5401 Ferry) Roads (Murray Street Portion) Roads (Portage Road Bridge Portion) SS5 Fallsview Trunk Sanitary Sewer Girls Home for Soccer Patrick Cummings Memorial Sports Park Development Charge Account Category Sewer Water Roads Sewer Water Sewer Water Sewer Water Sewer Water Sewer Water Sewer Water Roads Roads Sewer Water Sewer Water Library Library Library Roads Parks Recreation Parks Recreation Library Library Library General Government Roads Roads Roads Parks Recreation Parks Recreation Roads Parks Recreation Parks Recreation General Government Roads Roads Roads Roads Transit Sewer Water Parks Recreation Parks Recreation 3,502,938 32 55,727 11 630,549 44 141,000 00 1,121,282.77 612,677 06 345,431.28 458,777 69 34,531 65 140,151 82 12,296 65 1,121,282.77 57,263 85 25,073 94 6,272.25 116,415 87 8,381,672.47 30,828 72 48,619 19 262,956 00 227,410.28 18,054 32 587,868 51 116,338.62 102,224.21 7,633 71 7,124.20 64,973 62 38,870.21 25,224.21 97,432.13 198,755 91 658,576 82 44,484 42 5,000 00 521,914 76 2,118,145 00 639,293 00 70,000 00 1,571,910 00 369, 592.32 349, 067.30 5,689,406.80 August 18, 2008 F- 2008 -30 Niag ara a11s �C A N A D A His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -30 2007 Capital Accounts RECOMMENDATION: For the information of Council BACKGROUND: Attached is a copy of the capital account summary by department for 2007. These capital projects are carry-overs from previous years and new projects started in 2007. Approval for the projects is from the annually- approved Capital Projects Budget and from Council approvals during the year. Opening Balance In the opening balance column, the bracketed amounts had outstanding costs as at the beginning of 2007 and the non bracketed amounts required funding as at the beginning of 2007. Revenue for 2007 Revenue for 2007 came from the following sources: Operating Accounts Reserve and Reserve Funds Grants Donations Outside Agencies Debt $5,615,712 32,143,546 5,846,409 33,081,042 2,820,000 $79,506,709 ken E 6X5 905-356-7521 www magarafallsaa` Working Together to Serve Our Community Corporate Services Department Finance August 18, 2008 2 F- 2008 -30 This report is intended to provide general information for the 2007 capital account activity Recommended by: Approved by Respectfully submitted: C Luey Expenses for 2007 The expenses are authorized and approved invoices submitted to accounts payable for payment. Closing Balance The credit balance column totalling $17,779,018 reflects funded projects that still have outstanding expenditures The debit balance column totalling $24,119,058 reflects unfunded projects The funding sources for these are Operating Accounts 8,224,028 Reserves Reserve Funds 5,876,045 Outside Agencies 5,886,400 Debt 4,132,585 $24,119,058 Todd Harr /son, Director of Financial Services v Ken Burden, Executive Director of Corporate Services MacDonald, Chief Admi istrative Officer CATEGORIES #100000 General Government 467,845 60 32,860,254 01 18,550,065 95 (13,842,342.46) 565,013 61 (14,407,356 07) #210000 Fire Services (23,316.60) 2,113,535.63 827,747 31 (1,309,104 92) 610,283 82 (1,919,388 74) #310000 Roadways 7,077,848.97 13,448,053 77 6,481,412.15 111,207 35 1,247,447 35 (1,136,240 00) #330000 Transit Services 113,436.46 1,337,369 94 1,192,043.26 (31,890.22) 0 00 (31,890.22) #340000 Parking Services 52,777 68 10,000 00 366,790 40 409,568 08 409,568 08 0 00 #370000 Transportation Srvs 484,870 44 1,020,000 00 531,297 96 (3,831 60) 0 00 (3,831 60) #380000 Buidling Property Srvs 296,729 85 142,625 00 3,500 00 157,604 85 157,604.85 0 00 #390000 Other Transportation Services 0 00 0 00 0 00 0 00 0 00 0 00 #410000 Sanitary Sewer Services 772,803.45 2,047,738 76 8,744,672.45 7,469,737 14 7,481,066.22 (11,329 08) #420000 Storm Sewer Systems 19,003,038.84 18,812,229 93 6,573,810 37 6,764,619.28 6,768,723.90 (4,104 62) #430000 Waterworks Systems 1,027,088 15 5,419,650.21 4,708,240 42 315,678 36 361,836 05 (46,157 69) #450000 Waste Disposal Services (163,694 76) 0 00 0 00 (163,694 76) 0 00 (163,694 76) #540000 Cemetery Services (15,721.22) 24,000 00 39,020 00 (701.22) 5,345.23 (6,046 45) #710000 Parks Services 479,531 75 651,317 87 958,457 63 786,671.51 788,293 68 (1,622.17) #730000 Recreational Facility Services 3,489,770 96 1,370,835 61 3,543,949 92 5,662,885.27 5,699,665.27 (36,780 00) #820000 Commercial Industrial Services 21,906 03 76,950 13 69,343 17 14,299.07 24,210 00 (9,910 93) #740000 Library Services 28,431 18 172,147 73 143,051 05 (665 50) 0 00 (665.50) 33,113,346.78 79,506,708 59 52,733,402.04 CITY OF NIAGARA FALLS Summary of Capital Account Activity for the Year Ending December 31, 2007 Opening Closing balance 2007 2007 balance debit credit Jan. 01 revenue expense unfunded balance balance (funded) unfunded unexpended Dec. 31/07 Balance in Capital Holding Rsv (13,628,138) 6,340,040.23 24,119,058 06 (17,779,017 83) August 18, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario 1. Tax Receivables Current Taxes Total Unpaid Taxes Niagarealls C A N A D A Members: Re: F- 2008 -33 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to June 30th, 2008 2008 2007 Percentage Collected 74% 73% Levy to Date 113,810,122 109,229,952 Penalties Charged 451,643 432,249 Collections 84,237,469 80,010,265 Balance 30,024,296 29,651,936 Tax Arrears 2008 2007 Percentage Collected 40% 34% Opening Balance 16,519,455 14,489,650 Penalties Charged 1,008,152 952,721 Collection 7,072,605 5,183,633 Balance 10,455,002 10,258,738 40,479,298 39,910,674 Working Together to Serve Our Community F- 2008 -33 Corporate Services Department Finance August 18, 2008 2 F- 2008 -33 2. Other Receivables Sundry Receivables 2008 2007 Accounts Receivables 689,463 834,348 Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that all accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1-1/4% per month Recommended by: Approved by Respectfully submitted• AF:Iw Executive Director of Corporate Services Todd Harr o is n Director of Financial Services MacDonald, Chief Administrative Officer August 18, 2008 F- 2008 -34 Niag ar aalls �CA NA DA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: F- 2008 -34 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $26,493,570.85 for the period June 19, 2008 to July 30, 2008 BACKGROUND: The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by Respectfully submitted. Todd Har ison, Director of Financial Services urden, Executive Director of Corporate Services w MacDonald, Chief Administrative Officer ueen Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 101 DELIVERY 1211861 ONTARIO INC 1386350 ONTARIO INC COB L F ENTERPRISES 1760169 ONTARIO INC 1760169.ONTARIO INC 180 MARKETING 4 OFFICE AUTOMATION LTD 48 RANCH PRODUCTIONS 5 -0 TAXI INC 5 -0 TAXI INC 613897 ONTARIO INC 0/A NIAGARA SOUND SYSTEMS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATIONAL LTD A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD A -1 FLOORING ABSOLUTE COMMUNICATIONS DESIGN ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACTIVE NETWORK LTD ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AIM WASTE MANAGEMENT INC AINSWORTH INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALISON'S SPORTS AWARDS ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALLEN TREE SERVICE ALLIED MEDICAL INSTRUMENTS ALLIED TECHNICAL RESOURCES AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMERICANA CONFERENCE RESORT SPA AMLAP CORPORATION INC ANDERS,CHRIS ANGLE,BETH ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ANTONIO,CHUCK ARBOUR,SUSAN ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARMSTRONG ENTERTAINMENT ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF ONTARIO ROAD SUPERVISORS Cheque No, Cheque Date Pur.ose 320880 25- Jun -2008 321540 23 -Jul -2008 321337 09 -Jul -2008 321176 09 -Jul -2008 321711 30 -Jul -2008 321712 30 -Jul -2008 321177 09 -Jul -2008 321541 23 -Jul -2008 321044 30- Jun -2008 320882 25- Jun -2008 321542 23 -Jul -2008 321713 30 -Jul -2008 321370 16 -Jul -2008 321217 09 -Jul -2008 321414 16 -Jul -2008 321371 16 -Jul -2008 320886 25- Jun -2008 321180 09 -Jul -2008 321543 23 -Jul -2008 320883 25- Jun -2008 320884 25- Jun -2008 321373 16 -Jul -2008 321374 16 -Jul -2008 321375 16 -Jul -2008 321376 16 -Jul -2008 321377 16 -Jul -2008 320885 25- Jun -2008 321048 02 -Jul -2008 321179 09 -Jul -2008 321544 23 -Jul -2008 321049 02 -Jul -2008 321181 09 -JuI -2008 321545 23 -JuI -2008 321714 30 -JuI -2008 321050 02 -JuI -2008 321182 09 -JuI -2008 321378 16 -JuI -2008 321546 23 -JuI -2008 321715 30 -JuI -2008 321183 09 -JuI -2008 321184 09 -JuI -2008 321379 16 -Jul -2008 321380 16 -JuI -2008 321547 23 -JuI -2008 321051 02 -JuI -2008 321381 16 -JuI -2008 321185 09 -JuI -2008 321053 02 -JuI -2008 321383 16 -JuI -2008 321549 23 -JuI -2008 321382 16 -JuI -2008 321052 02 -JuI -2008 320887 25- Jun -2008 321054 02 -JuI -2008 321186 09 -JuI -2008 321384 16 -JuI -2008 321550 23 -JuI -2008 321716 30 -JuI -2008 321055 02 -JuI -2008 321056 02 -JuI -2008 321385 16 -JuI -2008 321187 09 -JuI -2008 321717 30 -JuI -2008 320888 25- Jun -2008 321551 23 -JuI -2008 321386 16 -Jul -2008 321552 23 -JuI -2008 321553 23 -JuI -2008 321387 16 -JuI -2008 321554 23 -JuI -2008 321389 16 -JuI -2008 321718 30 -JuI -2008 321388 16 -JuI -2008 Page 1 of 13 Amount DELIVERY SERVICES DELIVERY SERVICES MATERIALS REFUND 2007/2008 MINUTES OF S CELEBRATE OLD DOWNTOWN JUL' CELEBRATE OLD DOWNTOWN AUC CONTRACT SERVICES SERVICE BILLING MATERIALS ADMINISTRATIVE TAXI FOR KALAF CONTRACT SERVICES MATERIALS SPEAKER UNIT MATERIALS GLOVES FOR POOLS CONTRACT TR 10 -2006 PARKING LC CONTRACT 2008 -04 ASPHALT PAT CONTRACT -PLAY AREA INSTALL @t MATERIALS MATERIALS MATERIALS MATERIALS BUS DEV REPORT PROJECT SURPLUS FUNDS FROM TAX SALE SURPLUS FUNDS FROM TAX SALE SURPLUS FUNDS FROM TAX SALE SURPLUS FUNDS FROM TAX SALE SURPLUS FUNDS FROM TAX SALE MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS SERVICES AIRFARE FOR SERVICE CONTRACT SERVICES ADMINISTRATIVE- BROKERAGE FEE CONTRACT -4 -PAD SITE CLEARING MATERIALS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS TRAVEUMILEAGE MAY -JUNE 08 CONTRACT- WTRMAI N- DELAWARE /I CONTRACT -MAIN REPLACE -DEUDA CONTRACT -SAN. LAT. BU RD ETTE CONTRACT DORCHESTER- >420 /MC CONTRACT SERVICES GARNER R MATERIALS MAINTENANCE /REPAIRS LEASES AND RENTS LEASES AND RENTS CONTRACT SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ROOM RENTAL FOR COMPETITION CONTRACT SERVICES -5027 DRUM TRAVEUMILEAGE TRAVEUMILEAGE JUNO8 MATERIALS EMERGENCY RESPOt TRAVEUMILEAGE JUN 10/08 TRAVEUMILEAGE COA JULY 8/08 REIMBURSEMENT -STN SUPPLIES 0 STATION SUPPLIES STORES /INVENTORY 50% REMITTANCE RE PERFORMAN CONTRACT SERVICES CONSULTING SERVICES GARNER CONSULTING GARNER SW SANITAI TRACTOR /LOADER BACKHOE EVAL 143 95 80 00 500 00 833 97 1,050 00 1,050 00 2,100.00 79 91 2,105.00 229 50 42.50 156 51 61 02 4,742.94 168,528.99 54,348.67 6,195.00 6,195.00 6,195.00 2,915.85 2,429.50 883 96 1,150.00 1,549 07 1,263.22 4,887 06 361 73 241 45 99 75 674.25 1,285.60 31.55 78,130.15 12,600.00 1,009.47 3,681 81 5,282.40 2,917 32 91.35 43.00 79,089.63 59,813.35 30,996.45 65,614.46 5,250.00 16.27 60.90 438.44 205.84 16,958.00 779.99 1,309.82 596.16 659 91 660.06 660.06 671.25 671.25 2,111 01 15,300.00 198.00 91.25 377.69 20.00 27.50 584.88 146.59 28.93 525.00 263.03 14,072.15 17,123.42 1,825.74 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name AVIS CAR INC B B LIFT TRUCK SERVICE B B LIFT TRUCK SERVICE B S POOL SERVICES BA CONSULTING GROUP LTD BAIN PRINTING LIMITED -BAIN- PRINTING LIMITED BANK OF MONTREAL BANK OF MONTREAL BARRY BRYAN ASSOCIATES (1991) LTD BARRY BRYAN ASSOCIATES (1991) LTD BEL VOLT SALES LTD BEL VOLT SALES LTD BEL VOLT SALES LTD BELCHIOR CONTRACTING EXCAVATING LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BERTONI,JOE BERTONI,JOE BETTY'S RESTAURANT BHAN,SATISH BICKLE MAIN INDUSTRIAL SUPPLY BIG BEE CONVENIENCE BIGGARS KEY SHOP BIGGARS KEY SHOP BIGGARS KEY SHOP BIGGINS,BRIAN BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BLAIR,RICK BLYTHWOOD GROUP (RIDGEWAY) INC BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOBOROS,PETER BONIFERRO,JANA BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUW,JEFF BOUW,JOHN BOYS GIRLS CLUB OF NIAGARA BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BRODERICK PARTNERS IN TRUST BRUNNING,TODD BUNTIN REID BUNTIN REID BUNTIN REID BURKE GROUP THE BURKE GROUP THE BUSINESS EDUCATION COUNCIL OF NIAGARA BUSINESS EXPRESS CENTRE C D W CANADA INC C D W CANADA INC C D W CANADA INC C D W CANADA INC Cheque No. Cheque Date 321720 30 -Jul -2008 321057 02 -Jul -2008 321188 09 -Jul -2008 321721 30 -JuI -2008 321722 30 -JuI -2008 321555 23 -JuI -2008 321556 23 -JuI -2008 321189 09 -JuI -2008 321557 23 -JuI -2008 321390 16 -Jul-2008 321391 16 -Jul-2008 321397 16 -JuI -2008 321559 23 -JuI -2008 321725 30 -JuI -2008 321392 16 -Jul-2008 321059 02-Jul-2008 321060 02 -JuI -2008 321190 09 -JuI -2008 321191 09 -JuI -2008 321393 16 -JuI -2008 321394 16-Jul-2008 321395 16 -JuI -2008 321396 16- JuI -2008 321726 30-Jul-2008 321727 30 -JuI -2008 321560 23 -JuI -2008 321728 30 -JuI -2008 321729 30- JuI -2008 321561 23 -JuI -2008 320889 25 -Jun -2008 321192 09 -JuI -2008 321730 30 -JuI -2008 US draft 03-Jul-2008 321193 09 -JuI -2008 321398 16 -JuI -2008 321399 16 -JuI -2008 320890 25- Jun -2008 320989 25- Jun -2008 321325 09 -JuI -2008 321498 16 -JuI -2008 321816 30 -JuI -2008 320878 23- Jun -2008 321400 16 -JuI -2008 321061 02 -JuI -2008 321731 30 -JuI -2008 321732 30 -JuI -2008 321194 09 -JuI -2008 320892 25- Jun -2008 321562 23 -JuI -2008 321195 09- Jul -2008 321401 16 -JuI -2008 321196 09 -JuI -2008 321197 09 -JuI -2008 321198 09 -JuI -2008 321402 16 -JuI -2008 321733 30- JuI -2008 320893 25- Jun -2008 321063 02 -Jul -2008 321403 16 -JuI -2008 321563 23 -JuI -2008 321062 02 -JuI -2008 321175 08 -Jul -2008 321564 23 -JuI -2008 321064 02-Jul-2008 321200 09 -JuI -2008 321734 30 -Jul -2008 320894 25- Jun -2008 321735 30 -JuI -2008 321065 02 -JuI -2008 321566 23-Jul-2008 321072 02 -JuI -2008 321209 09-Jul-2008 321410 16 -JuI -2008 321741 30-Jul-2008 Page 2 of 13 Purpose Amount REFUND PARKING INFRACTIONS X CONTRACT SERVICES SAFETY INS LEASES AND RENTS MAINTENANCE /REPAIRS CONSULTING DOWNTOWN PARKIN MATERIALS MATERIALS REFUND PAYMENT IN ERROR/G AL REFUND -WATER OVERPAYT- K JAF CONTRACT -ARENA COMPLEX #26 CONTRACT -BOB GALE COMPLEX STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES NIAGARA S UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERV- FACILITIES RELO UTILITIES REMITTANCE -C 0 D. /DAREDEVIUEL REMITTANCE -C O.D. /DAYS /ELVIS REMITTANCE REMITTANCE- LIVESTOCK LOSS 20( MATERIALS REFUND RE VIP BUS PASSES MAINTENANCE /REPAIRS MATERIALS KEYS MAINTENANCE /REPAIRS CONFERENCE EXPENSE MATERIALS MATERIALS MATERIALS REFUND DAMAGE DEPOSIT REFUND DAMAGE DEPOSIT CONTRACT SERVICES TV INSPEC CONTRACT SERVICES WATER DE CONTRACT SERVICES FLUSHER f ADMINISTRATIVE TRAVEUMILEAGE JUNE 08 CONTRACT SERVICES CONTRACT RE. OLG MATERIALS LIVESTOCK LOSS CLAIM GRANT GRANT ALLOWANCE AUGUST 2008 ADVERTISING -PROMO MATERIALS CONTRACT SERVICES STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES PEOPLE MI CONTRACT SERVICES CONSULTING SERVICES PEOPLE CONTRACT SERVICES -RE. UNION F TAXES PAID RE LAND PURCH NCC( PURCHASE OF LAND DORCHESTE REMITTANCE -OFC COURSE ATTEN OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES ADMINISTRATIVE- TESTING ADMINISTRATIVE MATERIALS -YOUR NIAGARA 07 >12 MATERIALS COMPUTER COMPUTER COMPUTER COMPUTER 65.00 583.50 768.40 871 19 11,600.08 904 00 22.60 173.69 134 36 92,039 03 72,754 00 143.67 132.78 35.60 35, 572.95 533.05 118.35 8,994 14 90.65 76.32 113.00 90,615.89 79 10 500.00 500.00 300.00 300.00 501 72 49 00 94 50 43.00 99.74 118.49 86.68 369.63 150.00 750.00 750.00 1,338.75 1,102.50 630.00 162.70 96.00 3,105.38 1,302.30 60.00 300.00 17,850.00 17, 850.00 1,021 64 4,427 61 1,292.51 329.96 152.74 200.15 20.85 4,331.26 1,534 06 5,986.06 2,098.99 5,856.92 3,000.00 45.00 1,337 36 1,125.98 695.49 551.25 52.50 25,000.00 1,262.44 15,098.14 514.24 2,383.28 6,041.80 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,CAREY CAMPBELL,CAREY CAMPBELL,CAREY CANADA CULVERT CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN INSTITUTE CANNON HYGIENE CANADA LTD CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CAPITAL COMMERCIAL PIPE SERVICES LTD CAPITAL COMMERCIAL PIPE SERVICES LTD CAPPELLAZZO,DINO CARLETON UNIFORMS INC CARRICK,MARZENNA CARROLL,SHON CARSWELL CARTER CAR TRUCK RENTALS CCS TRANSPORTATION SAFETY CELEBRITY EVENTS NETWORK CENTRAL COLLISION SERVICES CENTRAL TRANSPORTATION REPAIR INC CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CH2M HILL CANADA LTD CHAMPION INDUSTRIAL EQUIPMENT CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIECA,DANNY CHIPPAWA AUTOBODY LTD CHRIS CRISTELLI ASSOCIATES INC CHRISTENSEN,TRACI CIANFLONE,FRANCIS CARLO J CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CIT FINANCIAL LTD CITY OF CALGARY CITY CASHIER 8042 CITY OF THOROLD PIPE BAND CIXL FM CKEY 101 1 FM CLIFTON HILL BIA COBI CONCRETE SAWING CODE 4 FIRE RESCUE INC CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINSON,JACK COMMERCIAL DIGITAL PRINT INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES Che.ue No. Che.ue Date 320906 25 -Jun -2008 321422 16 -Jul -2008 321581 23 -Jul -2008 321201 09 -Jul -2008 321404 16 -Jul -2008 320895 25- Jun -2008 321202 09 -Jul -2008 321567 23 -JuI -2008 320896 25- Jun -2008 321068 02 -Ju[ -2008 320897 25- Jun -2008 321568 23 -Jul -2008 321203 09 -Jul -2008 321405 16 -Jul -2008 321738 30 -Jul -2008 321204 09 -Jul -2008 321206 09 -Jul -2008 320898 25- Jun -2008 321736 30 -Jul -2008 320899 25- Jun -2008 321205 09 -Jul -2008 321569 23 -Jul -2008 321739 30 -Jul -2008 321406 16- Jul -2008 321407 16 -Jul -2008 321207 09 -Jul -2008 321070 02 -Jul -2008 321208 09 -Jul -2008 321570 23 -Jul -2008 321408 16 -Jul -2008 321409 16 -Jul -2008 321071 02-Jul-2008 321033 30- Jun -2008 321210 09 -Jul -2008 321211 09 -Jul -2008 320900 25- Jun -2008 321073 02-Jul-2008 321212 09 -Jul -2008 321411 16 -JuI -2008 321742 30 -JuI -2008 321213 09-Jul-2008 321412 16 -JuI -2008 321074 02 -JuI -2008 321214 09- Jul -2008 320901 25- Jun -2008 321075 02 -JuI -2008 321215 09 -JuI -2008 321743 30 -JuI -2008 321573 23 -JuI -2008 321076 02 -JuI -2008 321744 30 -JuI -2008 321413 16 -JuI -2008 321574 23 -JuI -2008 321077 02- JuI -2008 321078 02- JuI -2008 321745 30 -JuI -2008 321415 16 -JuI -2008 321041 30- Jun -2008 321746 30 -JuI -2008 321747 30 -JuI -2008 321079 02 -JuI -2008 321575 23 -JuI -2008 320902 25- Jun -2008 321417 16 -JuI -2008 321218 09 -JuI -2008 321418 16 -JuI -2008 321576 23- JuI -2008 321577 23 -JuI -2008 321578 23 -JuI -2008 321219 09 -JuI -2008 321080 02 -JuI -2008 321419 16 -JuI -2008 321579 23 -JuI -2008 321748 30 -JuI -2008 Pur.ose LEASES AND RENTS LEASES AND RENTS GRADALL CONTRACT SERVICES GRADALL F CONTRACT SERVICES MAINTENANCE /REPAIRS TRAVEL /MILEAGE JUNO8 TRAVEUMILEAGE JUNE 08 MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE /REPAIRS CONSULTING SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SECURITY CONTRACT SERVICES CONTRACT SAN. SEWER REHAB CONTRACT -REHAB OF SAN. SEWEI REFUND RE. 7679 BISHOP MATERIALS TRAVEL /MILEAGE MAY -JUNE 08 MATERIALS MATERIALS LEASES AND RENTS TRAINING MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS 1990 ORIC STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES LIFEWORKS CONTRACT SERVICES TRAINING CONSULTING SERVICES UPDATE P MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS MAINTENANCE /REPAIRS CONSULTING SERVICES CONSULTING SERVICES REFUND -RE, 7669 CHARNWOOD REFUND RE COURNOYEA 08 COPIER RENTAL LEASES AND RENTS COPIER MATERIALS MATERIALS CELEBRATE OLD DOWNTOWN ADVERTISING REMITTANCE 2ND 2008 BIA LEVY CONTRACT SERVICES MATERIALS MATERIALS UTILITIES UTILITIES UTILITIES TRAVEUMILEAGE JUNE 1 -4/08 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES Page 3 of 13 Amount 8, 340.97 7,497 00 6,185.03 1,011.35 742.98 89 97 76.50 66.10 2,564 42 11550 3,254.84 3,254 84 975.48 1,501 50 194.25 1,395.10 5,250 00 264 60 524 50 557 76 885.99 6,545.05 4,728.70 10, 064.25 36,996 75 750.00 83.06 190.00 200.00 907 97 744.67 997.50 1,470.00 7,583.95 3,614.71 1,465.37 9.88 447.82 100.88 1,275.19 1,644.30 2,887.50 2,508.66 132.24 65.99 13,991 14 224.69 146.01 150.00 2,542.50 2,704.80 274.00 750.00 584 75 887 17 881 40 1,186.50 600.00 123.00 1,590.00 12,500.00 777.00 830.55 1,587 65 645.48 249 70 320.75 581.50 240.69 1,088.19 22, 770.99 2,025.07 36,355.52 1,975.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COMPRESSOR SYSTEMS INTERNATIONAL INC CONDOTTA CONST LTD CONS SCOLAIRE DE DISTRICT CATHOLIQUE CONS SCOLAIRE DE DISTRICT CATHOLIQUE SW CORTUFO,PETER COTTON INC COT -TON INC COTTON INC COTTON INC COTTON INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CUMMINS ALLISON ULC CUPE LOCAL 133 COPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYGNAL TECHNOLOGIES CORP T46181 CYGNAL TECHNOLOGIES CORP T46181 D'ADDIO,MARIO DALAL,MANISH DANCO EXTERIORS INC DAVEY TREE EXPERT CO DAVEY TREE EXPERT CO DEEP STEAM DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DEN COR CONSTRUCTION LTD DENCO ENGINEERING LTD DENCO ENGINEERING LTD DESALL WOOD PRODUCTS INC DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESORMEAUX,LARRY DEVION,DAN DF BROWN ROOFING DICARLO,ANTHONY DISSANAYAKE,NIMAL V DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOGIC,FERID DOL TURF RESTORATION LTD DOWNTOWN BOARD OF MANAGEMENT DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DREN,KARL DROLET,MARC DUERKSEN,ANGELA DUJLOVIC,ED DUN -MAP INC DYNAMIC ONLINE MARKETING CORP E3 LABORATORIES E3 LABORATORIES EASTLAND,MARI -LYNNE EASTLAND,MARI -LYNNE ELECTROMEGA LTD ELITE INTEGRATED SYSTEMS LTD ELLIS ENGINEERING INC EMERALD EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE Cheque No. Cheque Date Purpose 320903 25- Jun -2008 MATERIALS 321220 09 -Jul -2008 CONTRACT BORING LUNDY'S /BEA\, Wire tsf 30- Jun -2008 TAX LEVY Wire tsf 30- Jun -2008 TAX LEVY 321749 30 -Jul -2008 REFUND PERMIT 6870 SHANNON DI 320904 25- Jun -2008 MATERIALS CONCRETE 321081 02 -Jul -2008 MATERIALS 321221 09 -Jul -2008 MATERIALS 321420 16 -Jul -2008 MATERIALS 321750 30 -Jul -2008 MATERIALS 320905 25- Jun -2008 CONTRACT KOVINIC M 321082 02 -Jul -2008 CONTRACT BEARSS B 321222 09 -Jul -2008 CONTRACT SERVICES COSTANZA 321421 16 -Jul -2008 CONTRACT ARBOUR C 321580 23 -Jul -2008 CONTRACT VANHELSDINGEN, W 321223 09 -Jul -2008 MAINTENANCE /REPAIRS 320907 25- Jun -2008 PAYROLL REMITTANCE 321083 02 -Jul -2008 PAYROLL REMITTANCE 321224 09 -Jul -2008 PAYROLL REMITTANCE 321423 16 -Jul -2008 PAYROLL REMITTANCE 321582 23 -Jul -2008 PAYROLL REMITTANCE 321751 30 -Jul -2008 PAYROLL REMITTANCE 321752 30 -Jul -2008 MATERIALS 320908 25- Jun -2008 SUBSCRIPTION- BANDWIDTH 321583 23 -Jul -2008 CONTRACT SERVICES-BANDWIDTI- 321584 23 -Jul -2008 REFUND RE:8047 WINDSONG 321753 30 -Jul -2008 SERVICE DEPOSIT REFUND 321754 30 -Jul -2008 REFUND PERMIT 4718 THIRD AVE 321084 02 -Jul -2008 CONTRACT SERVICES 321755 30 -Jul -2008 CONTRACT SERVICES 321085 02 -Jul -2008 CONTRACT SERVICES- CARPET CU 321225 09 -Jul -2008 CONSULTING-KALAR-LUNDYS/BEA\ 321756 30 -Jul -2008 CONSULTING KALAR- LLANE >BEA 321757 30 -Jul -2008 COMPUTER 321585 23 -Jul -2008 REFUND RE. 4871 MAPLE 320909 25- Jun -2008 CONSULTING BUSINESS PARKBL, 321424 16 -JuI -2008 CONSULTING SERVICES MONTRO 321226 09 -JuI -2008 REFUND RE. 6533 REIXINGER RD 320910 25- Jun -2008 MATERIALS 321227 09 -JuI -2008 MAINTENANCE/REPAIRS 321586 23 -JuI -2008 MAINTENANCE /REPAIRS 321758 30 -Jul -2008 ADMINISTRATIVE 321034 30- Jun -2008 MATERIALS 321587 23 -Jul -2008 CONTRACT -PO N1079- CORONATIOI 321035 30- Jun -2008 MATERIALS 320911 25- Jun -2008 ADMINISTRATIVE SERVICES RELA 321588 23 -JuI -2008 LEASES AND RENTS -PIED PIPER PI Wire tsf 30- Jun -2008 TAX LEVY 321759 30 -JuI -2008 REFUND RE 8006 NORTON DEPOSE 321760 30 -JuI -2008 CONTRACT TURF KALAR HOME 321087 02 -JuI -2008 REMITTANCE 1ST INSTALLMENT 2 321589 23 -JuI -2008 REMITTANCE 2008 BIA LEVY 321088 02 -JuI -2008 CONTRACT SERVICES 321426 16 -Jul -2008 MATERIALS 321590 23 -JuI -2008 MATERIALS 321761 30 -JuI -2008 CONTRACT SERVICES 320912 25- Jun -2008 MATERIALS 321228 09 -JuI -2008 TRAVEL /MILEAGE JUNO8 320913 25- Jun -2008 MATERIALS 321229 09 -JuI -2008 TRAVEL /MILEAGE JUNO8 321427 16 -Jul -2008 TRAVEUMILEAGE 321230 09 -JuI -2008 MATERIALS 321762 30 -JuI -2008 ADVERTISING 320914 25- Jun -2008 CONTRACT SERVICES 321591 23 -JuI -2008 CONTRACT SERVICES 321089 02 -JuI -2008 ADVERTISING TRANSIT 321428 16 -JuI -2008 ADVERTISING TRANSIT 321231 09 -JuI -2008 MAINTENANCE/REPAIRS 320915 25- Jun -2008 MATERIALS 321763 30 -JuI -2008 CONSULTING BRIDGE /CULVERT IN 321232 09 -JuI -2008 CONTRACT -6491 LEVEL METER 321233 09 -JuI -2008 ADMINISTRATIVE -GROUP BENEFIT: 320916 25- Jun -2008 UTILITIES 321090 02 -JuI -2008 UTILITIES Page 4of13 Amount 1,267 45 5,250.00 250,255.25 133,549 58 750.00 1,125 07 1,679 46 943 94 927 45 1,955.12 215 00 3,726.75 1,401 11 7,110 00 625 00 355.95 3,984 13 4,133.53 4,152.84 7,400.29 4,421 99 4,363 99 500.00 2,943 94 2,943.94 750 00 750.00 750.00 1,212.75 386.14 2,337 18 30,976.58 17,286.98 958.15 750.00 418.73 4,623.92 3,641.88 19,608.19 201 83 314.73 85.00 682.50 24,409.35 600.00 318.00 21 00 6,915,969.92 750.00 372,624.83 45,000.00 70, 000.00 445.90 15,667 45 122.94 350.06 395.95 102.00 145.00 121.00 258.00 10,186.95 280.13 3,649.21 3,273.31 278.25 31 50 1,622.50 2,465.66 1,275.75 183.75 28,738.75 1,200.08 337 00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE RENT A CAR CANADA LTD EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC ERIC WIENS CONSTRUCTION LTD ETEZADI,ANNA& ETEZADI, KAVEH ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EXTRACTOL INDUSTRIES LTD FTL FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLSVIEW BIA FEDERAL EXPRESS CANADA LTD FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLUELLON,FRANK D FORLIN,KATHY FRED GIESSLER ELECTRICAL LTD FRED PRYOR SEMINARS G K SERVICES CANADA INC G P S PURSUIT INC GABRIELES CUSTOM CATERING GALBRAITH ELECTRIC LTD GALES GAS BARS GALT MACHINE KNIFE SAW GALT MACHINE KNIFE SAW GAR MORRITT GARFINKLE BIDERMAN LLP GATT,NATHAN JAMES& GATT, JODY MARIE GAULD NURSERIES LTD GAULD NURSERIES LTD GEMCO BUSINESS FORMS INC GEORGE BAILEY GEORGIAN FIREGEAR SERVICE GEORGIAN FIREGEAR SERVICE GILBERT,MARGARET GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GNGH FOUNDATION GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENLAWN GREENLAWN Che.ue No. Che.ue Date Pur.ose 321234 09 -Jul -2008 UTILITIE 321430 16 -JuI -2008 UTILITIES 321592 23 -Jul -2008 UTILITIES 321764 30 -Jul -2008 UTILITIES 320917 25- Jun -2008 CONSULTING SERVICES MACBAIN 321235 09 -Ju1-2008 CONSULTING P CUMMINGS PK 321593 23 -Jul -2008 CONSULTING -KALAR RD -GIRLS NOI 321594 23 -Jul -2008 CONTRACT SERVICES 321765 30 -JuI -2008 REFUND DUPLICATE PAY C0049425 320918 25- Jun -2008 LEASES AND RENTS 321236 09- JuI -2008 EQUIPMENT RENTAL 321595 23 -Jul -2008 REFUND RE :6635 ALINA 321766 30- JuI -2008 REFUND -PAPP TAX OVERPAYMENT 321237 09 -Jul -2008 TRAVEL/MILEAGE JUNOS 320919 25- Jun -2008 MATERIALS 321091 02 -JuI -2008 MAINTENANCE /REPAIRS 321431 16 -JuI -2008 MATERIALS 321596 23- JuI -2008 CONTRACT SERVICES 320920 25- Jun -2008 CONTRACT -4972 MORRISON 321092 02 -JuI -2008 MATERIALS 321238 09 -JuI -2008 CONTRACT -MAIN 5894 -5900 321432 16 -JuI -2008 CONTRACT -7644 WILSON 321597 23-Jul-2008 CONTRACT -5934 STANLEY 321767 30- JuI -2008 CONTRACT -4840 WILLMOTT 321598 23- JuI -2008 MAINTENANCE /REPAIRS US draft 28 -Ju1-2008 CONSULTING -CP RAIL BRIDGE 321093 02 -JuI -2008 MAINTENANCE /REPAIRS 321599 23 -JuI -2008 MAINTENANCE /REPAIRS 321600 23-Jul-2008 CONCESSION SUPPLIES 321094 02 -JuI -2008 REMITTANCE 1ST /2ND 2008 BIA LE\ 321095 02-Jul-2008 COURIER 321239 09 -JuI -2008 CONTRACT SERVICES 321240 09 -JuI -2008 MAINTENANCE /REPAIRS 320921 25- Jun -2008 REMITTANCE 321096 02 -Jul -2008 STORES /INVENTORY 321241 09 -JuI -2008 STORES /INVENTORY 321601 23-Jul-2008 STORES /INVENTORY 321768 30 -JuI -2008 MATERIALS 321242 09 -JuI -2008 MATERIALS 321433 16-Jul-2008 TRAVEL /MILEAGE 321769 30 -JuI -2008 REMITTANCE SPRINGILICIOUS 08 321602 23 -JuI -2008 PERSONNEL DEVELOPMENT 321435 16-Jul-2008 MATERIALS 321605 23 -JuI -2008 MATERIALS 321603 23 -JuI -2008 MATERIALS 320922 25- Jun -2008 MATERIALS 321434 16 -JuI -2008 FUEL 320923 25- Jun -2008 MATERIALS 321604 23- JuI -2008 MATERIALS ICE BLADES 321643 23 -JuI -2008 REIMBURSEMENT OF BALANCE OF 321770 30 -JuI -2008 TAX CERT REIMBURSE. 4658 DRUM 321098 02-Jul-2008 REFUND RE 7169 BRYANNE CT 321099 02 -JuI -2008 MATERIALS TREES 321243 09 -JuI -2008 CONTRACT SERVICES 321771 30 -Jul -2008 MATERIALS MANUAL PARKING INf 321772 30 -JuI -2008 MATERIALS 321244 09 -JuI -2008 MATERIALS 321773 30 -JuI -2008 MATERIALS 321100 02 -JuI -2008 REIMBURSEMENT LICENCE RENEV 320924 25- Jun -2008 MATERIALS 321101 02 -JuI -2008 MATERIALS 321774 30-Jul-2008 MATERIALS 321245 09 -JuI -2008 UTILITIES 321247 09 -JuI -2008 REMITTANCE -ARENA SEAT SALES 320925 25- Jun -2008 MATERIALS 321102 02 -JuI -2008 MATERIALS 321246 09 -JuI -2008 MATERIALS 321436 16 -JuI -2008 MATERIALS 321606 23- Ju1-2008 MATERIALS 321775 30 -JuI -2008 MATERIALS 320927 25- Jun -2008 PAYROLL REMITTANCE 321776 30 -JuI -2008 PAYROLL REMITTANCE 320928 25- Jun -2008 MATERIALS 321607 23 -JuI -2008 MAINTENANCE /REPAIRS Page 5 of 13 Amount 70.80 3,172.12 1,222.96 45,16 1,512.00 1,585 50 2,383 50 1,786 06 15 00 11, 390.40 7,910 00 1,049 62 577.56 100 00 14,656.73 3,157 70 648.62 928.49 183.75 105.00 252.00 472.50 265.50 204 75 531.86 7,600.00 11,197 98 1,527 91 589.22 800,000.00 55.32 297 15 100.76 9,120.00 1,077.94 11.64 972.63 1,116.34 388.00 64.00 1,428.14 82.95 122.86 121.80 220 16 4,063.50 362.75 189.84 54.24 90.00 50.00 2,124.14 898.35 10,938.40 2,469 05 50.00 322.05 937 00 75.00 1,394 42 7,301 89 5,103.65 126.45 3,250.00 1,195.02 966.72 188.62 126.76 407.64 680.99 32.40 40.50 761.25 94.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUGLIOTTA,JOE GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALINDA IN TRUST,RICHARD HALLIDAY,DR FIONA HAMILTON,STEPHEN HAMILTON,STEPHEN HAMILTON,STEPHEN HANG UPS 99 HANSEN,KIRSTEN HARTMANN,DAVID HAWERCHUK,IVAN HAY,JENNIFER LYNNE HEALY,DONNA HEART NIAGARA INC HECO HECO HENDERSON RECREATION EQUIPMENT LIMITED HERITAGE NIAGARA INC HERTZ CANADA LTD HICKS,DEREK HICKS,DEREK HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOCO LIMITED HOLMAN,GEOFF HUNTON,GAIL IAMARINO,JOSEPH JOHN& IAMARINO, DENNIS IBI GROUP ICI CANADA INC IKON OFFICE SOLUTIONS INC INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA IRELAND,TERRY IRON MOUNTAIN CANADA CORP IV TOWERS MARKETING TECHNOLOGIES J &B JAGGER HIMS LIMITED JAGGER HIMS LIMITED JARRETT,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHNSTON,BRAD JONES,DON KAN DU POOLS LTD KELLY DIGS LANDSCAPING KEMAL,ELMEKCI KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KING CONTRACTORS OF NIAGARA LTD Cheque No. Cheque Date 321437 16 -JuI -2008 321438 16- JuI -2008 321608 23 -JuI -2008 321248 09 -JuI -2008 321609 23 -JuI -2008 321610 23 -JuI -2008 321105 02- JuI -2008 321249 09 -JuI -2008 321440 16 -JuI -2008 321611 23 -JuI -2008 321254 09 -JuI -2008 320930 25- Jun -2008 321250 09- JuI -2008 321441 16 -JuI -2008 321612 23 -JuI -2008 321777 30 -JuI -2008 320931 25- Jun -2008 321613 23 -JuI -2008 321778 30- JuI -2008 321106 02 -JuI -2008 321614 23 -JuI -2008 320879 24- Jun -2008 320932 25- Jun -2008 321251 09 -Jul -2008 321252 09 -JuI -2008 321107 02 -JuI -2008 321253 09 -JuI -2008 321615 23 -JuI -2008 320877 23- Jun -2008 321616 23 -JuI -2008 321617 23-Ju1 -2008 321255 09 -JuI -2008 321443 16 -JuI -2008 321618 23 -JuI -2008 321256 09 -JuI -2008 321779 30 -JuI -2008 320933 25- Jun -2008 US draft 25- Jun -2008 321619 23- JuI -2008 320934 25- Jun -2008 321620 23 -Jul -2008 321621 23-Jul-2008 321257 09 -JuI -2008 321258 09 -JuI -2008 321259 09 -JuI -2008 321260 09 -JuI -2008 321622 23 -JuI -2008 321444 16 -JuI -2008 320936 25- Jun -2008 321108 02 -JuI -2008 321261 09 -JuI -2008 321445 16 -JuI -2008 321780 30- JuI -2008 321262 09 -JuI -2008 321781 30 -JuI -2008 321623 23 -JuI -2008 321624 23-Jul-2008 321625 23 -JuI -2008 321626 23 -JuI -2008 321263 09-Jul-2008 321627 23 -JuI -2008 321628 23- JuI -2008 320937 25- Jun -2008 321447 16- Jul -2008 321448 16 -JuI -2008 321110 02 -JuI -2008 321264 09 -JuI -2008 321449 16 -JuI -2008 321265 09 -JuI -2008 321111 02 -JuI -2008 321450 16 -JuI -2008 321451 16 -JuI -2008 320938 25- Jun -2008 321266 09- Jul -2008 Page 6 of 13 Purpose Amount CONTRACT- 05 >08 STREETLIGHTIN 19,712.08 MAINTENANCE /REPAIRS 773.79 CONTRACT -KERR PK BALL DIAMOI\ 7,468 69 STORES /INVENTORY 3,999.33 STORES /INVENTORY 4,319 85 MATERIALS WRENCHES FOR STR 135.59 STORES /INVENTORY 716.87 STORES /INVENTORY 457.20 STORES /INVENTORY 3,039.61 STORES /INVENTORY 2,557 19 STORES /INVENTORY 1,205.48 CONTRACT SERVICES 1,394 83 LEASES AND RENTS 2,586.98 CONTRACT SERVICES 1,343 98 CONTRACT SERVICES 672.35 MAINTENANCE /REPAIRS 385.33 MATERIALS 1,290.74 MATERIALS TOPSOIL 432.51 MATERIALS -TOP SOIL 406.80 REFUND 6565 LUNDY'S LANE 547 02 MATERIALS 3,000.00 PETTY CASH POOLS SUMMER 08 600.00 TRAVEL /MILEAGE MAY08 95.00 PETTY CASH JUNE 08 627 71 MATERIALS 123.69 REIMBURSEMENT POLICE CLEARA 40.00 REFUND RE. 7295 HARTE 750.00 MATERIALS 50.00 S/D REFUND- BP2007 -0615 750.00 REFUND RE. 7163 CAMBRIDGE 285.20 MATERIALS 600.00 MAINTENANCE /REPAIRS 553.35 MAINTENANCE /REPAIRS 4,936.30 EQUIPMENT PLAYGROUND EQUIP. 24,651 68 MATERIALS 37 50 REFUND DUPLICATE PAY G000590. 20.00 TRAVEL/MILEAGE MAY 4 -9/08 57 53 TRAINING EXPENSE 112.28 CONTRACT SERVICES 13,939.28 LEASES AND RENTS 3,254 87 LEASES AND RENTS 3,254 87 REFUND RE.4946 CLIFTON HILL 3,758.71 TRAVEL /MILEAGE JUNO8 152.00 TRAVEL/MILEAGE JUNO8 82.00 REFUND -TAX OVERPAYMENT 08 873.78 CONTRACT SERVICES TRANSIT G 17,067 10 MATERIALS 166.28 MAINTENANCE /REPAIRS -1 YR CON 17,359.06 MATERIALS SAFETY SHOES T MA 355.89 MATERIALS SAFETY SHOES BOB 395.47 MATERIALS SAFETY SHOES MEYE 248.58 MATERIALS SAFETY SHOES 1,697 37 MATERIALS 401 66 MATERIALS 4,143.72 MATERIALS -COLD MIX 4,088.75 REFUND RE. 7128 MCGILL 750.00 CONTRACT SERVICES SHREDDING 553.55 MATERIALS 1,083.00 MATERIALS 36.75 CONSULTING SERVICES -4 PAD 1,688.69 CONSULTING SERVICES -4 -PAD 2,746.38 REMITTANCE -OFC COURSE FP060: 45.00 MAINTENANCE /REPAIRS 73.50 MATERIALS 293.80 REIMBURSEMENT 2007/2008 DUE: 355.79 TRAVEL /MILEAGE 111 00 MATERIALS 396.40 CONTRACT SERVICES 12,329.76 REFUND OVERPAYMENT OF FEES 1,208.00 CONTRACT SERVICES SNOW RE. 224.47 CONTRACT SERVICES 9,256.80 ENGINEERING SERVICES KALAR RI 1,789.62 CONTRACT SERVICES JOB #08 -16: 3,141.60 CONTRACT SERVICES ABATEMEI 5,913.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KLEIN,MARCUS KNOWLTON PASS ELECTRONICS INC KRAUN ELECTRIC SERVICE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KUCHYT,TOM KUIPERS,JANET L ST AMAND ENTERPRISES LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LAUREL COLLEGE LAURO,VINCENT LAVIGNE,ALLEN LAWRENCE& LAVIGNE, ESTRELLA TRINIDAD LE GROUPE SPORTS -INTER PLUS LEFEBVRE,DONALD& LEFEBVRE, CLARE LEXISNEXIS CANADA INC LIFESAVING SOCIETY LIGHTNING EQUIPMENT SALES LTD LUNDY'S LANE BIA M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M S A CANADA MAD SCIENCE OF NIAGARA MAIN FERRY BIA MANELLA,GABRIELE MAPLE LEAF COLLISION CENTRE MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MARCINKOWSKI,JOHN RICHARD MARINE CLEAN LTD MARTIN,CHRISTOPHER MARTUCCIO,JOHN MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCLEAN KERR LLP MCNAMARA,SUSAN MCPHERSON,CAROLYN MCRAE,LEN MCRAE,LEN MCRAE,LEN ME OLSEN TITLES INC ME OLSEN TITLES INC MEGA -LAB MANUFACTURING CO LTD MEMON,AMANULLAH MERIDIAN CREDIT UNION METRO COLLISION SERVICES INC METRO PLUMBING HEATING MHPM PROJECT MANAGERS INC MICRON INSTALLATIONS LIMITED MIELE,GERRY MILLS,DAVID MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION 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 MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL Cheque No. Cheque Date 321267 09 -Jul -2008 321268 09 -Jul -2008 321269 09 -Jul -2008 320939 25- Jun -2008 321113 02 -Jul -2008 321452 16 -JuI -2008 321782 30- JuI -2008 321270 09-Jul-2008 321272 09- Jut -2008 320940 25- Jun -2008 321276 09 -Jul -2008 320941 25- Jun -2008 321273 09-Jul-2008 321453 16 -JuI -2008 321114 02-Jul-2008 321454 16 -JuI -2008 321115 02- JuI -2008 321455 16 -JuI -2008 321116 02-Jul-2008 321274 09 -JuI -2008 321783 30 -JuI -2008 321629 23 -JuI -2008 321785 30-Jul-2008 320943 25- Jun -2008 321119 02 -JuI -2008 320949 25 -Jun -2008 321466 16- JuI -2008 320952 25- Jun -2008 321036 30- Jun -2008 321120 02 -JuI -2008 321277 09 -JuI -2008 321278 09 -JuI -2008 321280 09 -JuI -2008 321786 30 -JuI -2008 321279 09 -JuI -2008 321281 09 -JuI -2008 321631 23 -JuI -2008 320944 25- Jun -2008 321282 09 -JuI -2008 321460 16 -JuI -2008 321632 23 -JuI -2008 321283 09-Jul-2008 321284 09 -JuI -2008 321634 23 -JuI -2008 321285 09 -JuI -2008 321635 23 -JuI -2008 321286 09 -JuI -2008 321461 16 -JuI -2008 321636 23 -Ju1-2008 321121 02 -JuI -2008 321288 09 -JuI -2008 321637 23 -JuI -2008 321287 09 -JuI -2008 321122 02 -JuI -2008 321638 23 -JuI -2008 321462 16- JuI -2008 321536 22- Jut -2008 321787 30-Jul-2008 321645 23 -JuI -2008 320945 25- Jun -2008 321289 09- JuI -2008 320948 25- Jun -2008 320876 19- Jun -2008 320946 25- Jun -2008 321123 02 -JuI -2008 321290 09 -JuI -2008 321292 09-Jul-2008 321293 09 -JuI -2008 321463 16 -JuI -2008 321465 16- JuI -2008 321639 23 -JuI -2008 321788 30-Jul-2008 321790 30-Jul-2008 320947 25- Jun -2008 Purpose REFUND SERVICE DEPOSIT LEASES AND RENTS AIRTIME FOF CONTRACT SERVICES SPLASH Pf CONTRACT SERVICES CHIPPAWA CONTRACT SERVICES CONCRETE CONTRACT SERVICES WALL ALTE CONTRACT SERVICES WATER DA TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEUMILEAGE CONTRACT SERVICES DUMP TRU CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES INSTALL NI STORES /INVENTORY TRAINING TRAVEUMILEAGE REFUND MATERIALS HOME PLATE REFUND MATERIALS MATERIALS MATERIALS COMMAND VEHICLE I1 MATERIALS 1ST 2ND INSTALLME CONTRACT SERVICES FAIRVIEW CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS 2008 BIA LEVY INSTAL REFUND CONTRACT SERVICES REPAIR TO MATERIALS MATERIALS REFUND DAMAGE DEPOSIT MATERIALS DUST SUPPRESSANT REIMBURSEMENT FOR TUITION FO REFUND SERVICE DEPOSIT TRAVEUMILEAGE CONTRACT SERVICES FAIRVIEW I CONSULTING TOPOGRAPHIC SUR TRAVEUMILEAGE TRAVEL /MILEAGE CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS VALUER FEE MATERIALS MATERIALS ADMINISTRATIVE REGISTER BYLA MATERIALS TRAVEL /MILEAGE REFUND CONTRACT SERVICES INSURANCI CONTRACT SERVICES MATERIALS NC &CC REFUND DAMAGE DEPOSIT MATERIALS REFUND OVERPAYMENT OF TAXE TRAVEUMILEAGE REMITTANCE REMITTANCE MAY PST REMITTAN PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE Page 7 of 13 Amount 750 00 5,548 31 2,190 30 20,926 50 2,665.95 1,15500 630 00 18.00 374 00 56.50 346 50 444 15 2,599 80 1,145.29 2,283.75 69 83 131.25 308.50 422.79 236.17 64.63 80 80 737 89 4,649.95 69,004 50 839.27 710.12 582.94 467.25 27, 500.00 572.26 6,282.80 1,943.94 652.34 750.00 6,039.25 45.00 750.00 100.00 17,888.12 1,890.00 48.00 54.00 1,244.87 54.00 1,000.00 60.00 60.00 60.00 31.50 31.50 1,142.19 22.80 767.61 10,623.03 7,335.87 28,782.33 750.00 770.00 939.03 275.00 6,847.50 7,759.98 127.83 132.17 166.54 54,266.15 3,390.92 128.05 5,465.85 130.80 110.79 46.30 1,626.77 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MITCHELL,IAN MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MONTICONE,ALDO MORI NURSERIES LIMITED MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MR QUICK SOFT CLOTH MULLEN,MELANIE MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL WORLD INC MURPHY'S MUSIC MURRAY,JAMES W MUSSARI,TOM MYERS TIRE SUPPLY N Y STYLE DELI NIAGARA APPRAISAL SERVICES NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS BADMINTON TENNIS LAWN BOWLING CLUB NIAGARA FALLS CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS LIONS CLUB NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA MEMORIAL MILITARIES ALUMNI DRUM CORP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO 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 PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. Cheque Date 321124 02 -Jul -2008 321291 09 -Jul -2008 321464 16 -Jul -2008 321640 23 -Jul -2008 321789 30 -Jul -2008 321791 30 -JuI -2008 US draft 28 -JuI -2008 320950 25- Jun -2008 321294 09 -JuI -2008 321641 23 -JuI -2008 321295 09 -JuI -2008 320951 25- Jun -2008 321642 23 -JuI -2008 321467 16 -JuI -2008 321468 16-Jul-2008 321469 16 -JuI -2008 321296 09 -JuI -2008 321470 16 -JuI -2008 321297 09 -JuI -2008 321125 02 -JuI -2008 321644 23 -JuI -2008 321471 16 -JuI -2008 321472 16 -JuI -2008 321037 30- Jun -2008 321792 30 -JuI -2008 321793 30 -JuI -2008 321473 16 -JuI -2008 321135 02 -JuI -2008 321127 02 -JuI -2008 320953 25- Jun -2008 320954 25- Jun -2008 320955 25- Jun -2008 Wire tsf 30- Jun -2008 320956 25- Jun -2008 321646 23 -JuI -2008 321794 30 -JuI -2008 321298 09 -JuI -2008 321795 30 -JuI -2008 321299 09 -JuI -2008 320960 25- Jun -2008 321129 02- JuI -2008 321130 02 -JuI -2008 321303 09 -JuI -2008 321476 16- JuI -2008 321650 23 -JuI -2008 321797 30 -JuI -2008 320957 25- Jun -2008 321647 23-Jul-2008 321648 23 -JuI -2008 321300 09 -JuI -2008 320958 25- Jun -2008 321301 09-Jul-2008 321649 23 -JuI -2008 321302 09 -JuI -2008 320959 25- Jun -2008 320961 25- Jun -2008 321651 23 -JuI -2008 321038 30- Jun -2008 320962 25- Jun -2008 321305 09 -JuI -2008 320963 25- Jun -2008 321478 16-Jul-2008 320964 25- Jun -2008 320965 25- Jun -2008 320966 25- Jun -2008 321131 02 -Jul -2008 321132 02 -JuI -2008 321306 09 -JuI -2008 321307 09 -JuI -2008 321479 16- JuI -2008 321480 16 -JuI -2008 321653 23 -JuI -2008 321654 23 -JuI -2008 321798 30 -JuI -2008 Purpose PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS DAYS OF ELVIS DEPOSIT CONTRACT SERVICES WASTE RE CONTRACT SERVICES WASTE RE CONTRACT SERVICES TRAVEL /MILEAGE CONTRACT SERVICES MAINTENAI CONTRACT SERVICES JUNE BED CONTRACT SERVICES MACBAIN F REFUND DAMAGE DEPOSIT MATERIALS CRIMSON KING MAPLI TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEL /MILEAGE CONTRACT SERVICES MATERIALS ADMINISTRATIVE WHMIS TRAININ MATERIALS LIVESTOCK REPORT MATERIALS REIMBURSEMENT FOR TAXI FARE PETTY CASH MATERIALS MATERIALS FOOD FOR BUSINESS CONTRACT SERVICES APPRAISAL CONTRACT SERVICES GARAGE MATERIALS MATERIALS PLAYSPACE INSTALL/ TAX LEVY GRANT GRANT CONTRACT CHARTER ADVERTISING ADVERTISING GRANT 3RD QUARTER GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT GRANT FUNDING ASSISTANCE FOR 2 CHILI LEASES AND RENTS LEASE FOR F ADMINISTRATIVE JULY 08 CONTRA REMITTANCE DOG TAGS GRANT MATERIALS FOOD VOUCHERS ADMINISTRATIVE FUNDING ASSIS' GRANT PLUS BUDGET ADJUSTME GRANT MATERIALS ADMINISTRATIVE PHONE CONSUL ADMINISTRATIVE MEDICAL EXAM UTILITIES UTILITIES MATERIALS CHEQUE PAID TO CIT WATER ARREARS UTILITIES 4500 PARK ST REMITTANCE -WATER ARREARS JU UTILITIES WATER ARREARS JULY 8/08 UTILITIES REMITTANCE -WATER ARREARS JU UTILITIES WATER ARREARS JULY 22 2008 UTILITIES WATER ARREARS JULY 29/08 Page 8of13 Amount 1,614 72 1,614 72 1,614 72 1,476.53 1,476.53 150.00 200 00 480.71 84 43 2,414 80 116.00 359.62 3,224 02 11,689.70 750.00 93.19 242.50 151.00 294 74 628.95 350 00 393.75 168.97 1,564 50 9 10 146 19 184 61 200.00 472.97 9,940.05 446.11 20,000.00 3,603,686.47 62,425.48 34,369 00 400.00 602.70 2,914.55 22,424 00 2,841 08 4,856.16 3,106.07 3,080.40 3,080.40 3,080.40 3,106.07 4,666.67 4,666.67 180.00 6,316.08 30,923.69 135.00 37,711.83 430.00 495.00 93,333.35 33,333.33 750.00 275.63 315.00 91 74 42.57 1,500.00 6,753 45 1,025.23 10,201 09 106,208.70 2,679.37 5,781 44 7,043.71 5,495.05 7,400.65 34,175.93 15,748.87 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA PENINSULA ENERGY INC NIAGARA SHEET METAL FABRICATING LTD NIAGARA STUDENT TRANSPORTATION SERVICES NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA.COM NICHOLLS MARINE LTD NORRIS;STEVE NORTHSTAR CONSTRUCTION NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS O PSINC OCE- CANADA INC OMERS OMERS OMMI ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO REALTY CORPORATION OPTIMIST CLUB OWENS WRIGHT LLP BARRISTERS SOLICITORS PAGENET OF CANADA INC PALMER,WENDALL PALMER,WENDALL PARTY CONNECTION PATRICK,GREG PAUL N. KROWCHUK IN TRUST PEAK PERFORMANCE SYSTEMS GTA LTD PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PELLEGRINO,GUY PENDLEBURY COST CONSULTANTS PENDLEBURY COST CONSULTANTS PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PEORI,DARRIN ANDREW PERFORMANCE POWDER COATING FASTENERS LTD PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PHILIPS ENGINEERING PHILIPS ENGINEERING PHILIPS ENGINEERING PHOENIX FOUNDRY PTY LTD PHOENIX FOUNDRY PTY LTD PHOTOPIA PHOTOGRAPHY PIETRANGELO,NICK PINERIDGE TREE SERVICE LTD PIPE TOOLS SUPPLY LIMITED PIPEFLO CONTRACTING CORPORATION PITNEY WORKS PK HUMMINGBIRD STEEL BAND PLENZICK,BRUNO PLUMMER,GERALD ROGER PORTAGE BAKERY LIMITED POTTS,JESSICA PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PROJECT SHARE PROJECT SHARE PROTEL ALARM SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PSECO INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER Cheque No 321799 321133 321308 321481 321655 321304 321309 321039 320967 321040 321312 321656 321310 321311 320969 320970 321657 321368 321313 321801 321658 321483 321659 321660 321314 321271 321537 320971 321315 321484 321136 321538 321663 320972 321316 321662 321802 321485 321661 321803 321137 320973 321486 321664 321804 320974 321805 321138 321665 320975 321487 321139 321666 321042 321317 321806 321043 321140 320976 321667 320977 321668 321808 320978 321669 321318 321490 321670 320979 321141 321319 321491 321671 321809 Cheque Date Purpose 30 -Jul -2008 UTILITIES 02 -Jul -2008 CONTRACT SERVICES REPAIR GA 09 -Jul -2008 REFUND MONTHLY STUDENT PAS 16 -Jul -2008 ADVERTISING 23 -Jul -2008 ADVERTISING 09 -Jul -2008 MATERIALS 09 -Jul -2008 CONTRACT SERVICES OIL CHANG 30- Jun -2008 MATERIALS 25- Jun -2008 CONTRACT SERVICES DITCHING 1 30- Jun -2008 MATERIALS 09 -Jul -2008 MATERIALS 23 -Jul -2008 MATERIALS PRINT SHOP 09 -Jul -2008 PAYROLL REMITTANCE 09 -Jul -2008 PAYROLL REMITTANCE 25- Jun -2008 CMM SUPPLEMENTAL APPLICATIOI 25- Jun -2008 ADMINISTRATIVE ASBESTOS SUR 23 -Jul -2008 MATERIALS ASBESTOS ANALYSIS 11 -Jul -2008 ADMINISTRATIVE 09 -Jul -2008 MATERIALS PAYMENT VOUCHER 30 -Jul -2008 SERVICES ST MICHAELS AVE EX1 23- Jul -2008 MATERIALS 16 -Jul -2008 LIVESTOCK LOSS CLAIM 23 -Jul -2008 MATERIALS 23 -Jul -2008 MATERIALS 09 -Jul -2008 MATERIALS 09 -Jul -2008 ADMINISTRATIVE TRANSFER OF E 22 -Jul -2008 CONSULTING SERVICES 25- Jun -2008 CONTRACT SERVICES ROOF AT N 09 -Jul -2008 CONTRACT SERVICES MCLEOD Fl 16 -Jul -2008 RELEASE OF SITE PLAN DEPOSIT 02 -Jul -2008 CONSULTING SERVICES CONVEN 22 -Jul -2008 MATERIALS -NC &CC 23 -Jul -2008 CONTRACT SERVICES 25- Jun -2008 CONTRACT SERVICES PROJECT f. 09 -Jul -2008 CONTRACT SERVICES 23 -Jul -2008 CONTRACT SERVICES PROJECT 30 -Jul -2008 CONTRACT SERVICES 16 -Jul -2008 MATERIALS 23 -Jul -2008 MATERIALS 30 -Jul -2008 REFUND DAMAGE DEPOSIT 02- Jut -2008 CONTRACT SERVICES 25- Jun -2008 CONTRACT SERVICES 16- Jul -2008 CONTRACT SERVICES GRASSY BI 23 -Jul -2008 CONTRACT GRASSY BROOK SANI 30 -Jul -2008 CONTRACT MONTROSE BUSINESS 25- Jun -2008 MATERIALS TREE DEDICATION 30 -JuI -2008 MATERIALS 02 -Jul -2008 MATERIALS 23 -Jul -2008 MATERIALS 25- Jun -2008 CONTRACT SERVICES TREE REMi 16 -Jul -2008 MATERIALS 02 -Jul -2008 CONTRACT SERVICES TV INSPEC 23 -Jul -2008 LEASES AND RENTS 30- Jun -2008 MATERIALS 09 -Jut -2008 REFUND SERVICE DEPOSIT 30 -Jul -2008 REFUND DAMAGE DEPOSIT 30 -Jun -2008 MATERIALS 02 -Jul -2008 TRAVEUMILEAGE 25- Jun -2008 TRAVEUMILEAGE 23 -Jul -2008 TRAVEUMILEAGE 25- Jun -2008 LEASES AND RENTS 23 -Jul -2008 MATERIALS FIRE 30 -JuI -2008 LEASES AND RENTS 25 -Jun -2008 GRANT 23- JuI -2008 GRANT 09 -JuI -2008 REPLACE FIRE ALARM AT NF AREN 16 -Jul -2008 CONTRACT 2007- 185 -06 STORM SE 23 -Jul -2008 CONTRACT 2008- 186 -06 FIRST AVE 25- Jun -2008 CONTRACT SERVICES 02- JuI -2008 COURIER 09 -JuI -2008 COURIER 16- JuI -2008 COURIER 23 -JuI -2008 COURIER 30 -JuI -2008 COURIER Page 9 of 13 Amount 91,997.33 113.00 50.00 955.24 1,083.60 150.62 480.08 600.00 2,685.38 1,650 00 43.93 5,730.87 348,907.26 21,269 76 99 00 49, 305.38 157.50 18,900 00 2,584.24 1,013.88 15.42 400.00 400 00 158.20 150 00 10,500.00 4,770.00 903.36 157.57 4,000.00 1,155.00 1,963.50 651 00 386.40 42.00 21.00 182.70 430.00 42.50 750.00 52.50 2,058.40 884.52 379.54 2,529.57 351 75 1,155.01 270.00 150.00 8,400.00 124.91 86,391.64 189.54 600.00 750.00 750.00 500.00 212.50 19.00 31.00 169.36 71.29 70.79 30,749.56 26,175.08 900.90 242,697.37 159,417.03 1,307 77 231.27 58.44 152.56 119.61 206.79 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name QUICKSERVICE TECH (CAN) R VV HOIST REPAIRS LTD R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAINBOW GREENHOUSES LTD RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REDEKOP,DAVID THOMAS REGIONAL DOORS HARDWARE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RIGG MOONEY MONUMENTS RISK PROTECTION GROUP RIVER REALTY DEVELOPMENT (1976) INC RK ASSOCIATES ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC RONALD C ELLENS APPRAISALS INC ROSE,RICK ROYAL CANADIAN LEGION BRANCH 51 RUDDELL,JESSICA S &S (MEDICI) CONCRETE WORKS LTD S.T O.P RESTAURANT SUPPLY SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFEGUARD ELEVATOR MAINTENANCE LTD SAFETY KLEEN CANADA INC SALAS,MALLORY CLAIR SALCI,TED SALCI,TED SARGANT EVENT COMMUNICATIONS INC SARGANT EVENT COMMUNICATIONS INC SASIC,PERO SAVOIE,LISA SAWCHUK,ANTHONY SCHMIDT,DARREN& SCHMIDT, LARRIE SCOTIABANK SCOTIABANK SCOTIABANK COMMERCIAL CARD SERVICES SEGLINS,JONATHAN SENESE,RYAN& CONIDI, ROSEANNE Cheque No, Cheque Date 320980 25- Jun -2008 321328 09 -Jul -2008 321147 02 -Jul -2008 321324 09 -Jul -2008 321497 16 -Jul -2008 321676 23 -Jul -2008 321815 30 -Jul -2008 321499 16 -Jul -2008 321492 16 -Jul -2008 321810 30 -Jul -2008 321672 23 -Jul -2008 321811 30 -Jul -2008 321142 02 -Jul -2008 320981 25- Jun -2008 320982 25- Jun -2008 321143 02 -Jul -2008 321144 02 -Jul -2008 321320 09 -Jul -2008 321321 09 -Jul -2008 321493 16 -Jul -2008 321494 16 -Jul -2008 321673 23 -Jul -2008 321674 23 -Jul -2008 321812 30 -Jul -2008 321813 30 -Jul -2008 321814 30 -Jul -2008 320984 25- Jun -2008 320983 25- Jun -2008 321145 02 -Jul -2008 321322 09 -Jul -2008 321323 09 -Jul -2008 321495 16 -Jul -2008 321496 16 -Jul -2008 321675 23 -Jul -2008 Wire tsf 27- Jun -2008 Wire tsf 30- Jun -2008 Wire tsf 10 -Jul -2008 Wire tsf 11 -Jul -2008 Wire tsf 11 -Jul -2008 Wire tsf 31 -Jul -2008 Wire tsf 31 -Jul -2008 320985 25- Jun -2008 320987 25- Jun -2008 321146 02 -Jul -2008 320988 25 -Jun -2008 321817 30 -JuI -2008 320990 25- Jun -2008 321148 02 -Jul -2008 321677 23 -Jul -2008 321818 30 -Jul -2008 321326 09 -Jul -2008 321045 30 -Jun -2008 320991 25- Jun -2008 321327 09 -Jul -2008 321329 09 -Jul -2008 321686 23 -Jul -2008 321330 09 -Jul -2008 321331 09 -Jul -2008 321819 30 -Jul -2008 321500 16 -Jul -2008 321369 11 -Jul -2008 320992 25 -Jun -2008 321678 23 -Jul -2008 321820 30 -Jul -2008 321821 30 -Jul -2008 320993 25- Jun -2008 321501 16 -Jul -2008 321822 30 -Jul -2008 321502 16- Jul -2008 321679 23 -Jul -2008 321416 16 -Jul -2008 321149 02 -Jul -2008 321046 30- Jun -2008 321503 16 -Jul -2008 Purpose MATERIALS CONTRACT SERVICES GARAGE S, MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES WEIGHTMP STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES MATERIALS CANADA DAY BASKET ADMINISTRATIVE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND DAMAGE DEPOSIT MATERIALS LOCKSET MATERIALS PROSECUTION CHGS MATERIALS TRAFFIC SIGN DEVELOPMENT CHARGES FOR API MATERIALS HUGGINS ST SIGN CONTRACT SERVICES RECYCLINt APPLICATION FOR FOR MOE FOR A MATERIALS TRAFFIC SIGNS DEBENTURE INTEREST WATER/WASTE WTR MAY DEBENTURE INTEREST DEBENTURE INTEREST DEBENTURE INTEREST LEACHATE CR APR -JUN WATERANASTE WTR JUN MATERIALS LIFTING RE- SETTIN( CONTRACT SERVICES SECURITY REFUND CONTRACT SERVICES KALAR PAF MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES APPRAISAL MATERIALS REFUND TAX REBATE FOR CHART TRAVEL /MILEAGE CONTRACT SERVICES REPAIR TO CONSULTING SERVICES DESIGN L CONTRACT SERVICES 2008 -02 SIC MATERIALS ELEVATOR MAINTENANCE STORES /INVENTORY REFUND DAMAGE DEPOSIT TRAVELJMILEAGE TRAVELJMILEAGE CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN REIMBURSEMENT FOR CEMETARY MATERIALS REFUND REFUND DAMAGE DEPOSIT TAX REFUND 7256 FREEMAN ST PURCHASE CARD PAY'T COMMERCIAL CREDIT CARD MATERIALS REFUND OF SECURITY DEPOSIT Page 10 of 13 Amount 149.73 4,786.46 113.30 160 90 1,139.61 477 86 2,885.71 3,818.25 579 73 925 81 1,247.27 244 08 1,345.94 225,547 93 194.41 239,665.20 206.92 236,704 47 207 99 314,948.47 401 15 228,874 58 201.56 217,843 58 213.87 750.00 463.05 1,325.48 2,242.12 670,809.24 12,193.15 10,468.44 1,200.00 1,186.09 336,841.87 1, 700, 048.21 294,519.54 1,026,820.24 504, 703.14 (26,122.71) 1,801,991 41 2,415.00 4,956.00 6,035.58 12,054 00 970.70 3,692.80 257.37 3,415.92 256.08 1,732.80 150.00 2,077.30 85.05 2,205.00 10,565.50 892.50 549 70 806.40 1,440.75 750.00 1,155.00 1,155.00 1,050 00 1,050 00 1,984.50 72.58 140.29 750.00 621.25 250,601.69 35.12 800.00 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SETTANNI,ANNAMARIA SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHAHEEN &PEAKER LTD SHERWN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SHRED IT KITCHENER SICO INC SIGN ME UP MOBILE SIGNS /BALLOONS SIGNATURE SIGNS SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIMPLISTIC LINES INC SINGH,JANG BADAHUR SKYWAY DIGITAL SMEAL FIRE APPARATUS SMILE THEATRE SMITH,LEE SNAP NIAGARA FALLS SOCAN SPADAFORA,CARMINE SPEARE SEEDS ST JOHN AMBULANCE ST JOHN AMBULANCE ST ONGE,ED STANCO SIGNS AND PROMOTIONS STEVENSVILLE LAWN SERVICE INC STOKES INTERNATIONAL STRANGES,LOU STRATEGY CORP STREAMLINE STREAMLINE STRIPES AND SIGNS STUDIO V ARCHITECTURE SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD TALK WIRELESS INC TALK WIRELESS INC TANASI,PAUL TAOIST TAI CHI SOCIETY OF CANADA TAYLOR,MARY SUSAN TAYLORS WATER SERVICE TD CANADA TRUST PROPERTY TAX DEPARTMENT TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC TES INFORMATION TECHNOLOGIES TETRAULT,DAVID THE BUSINESS LINK NIAG LTD THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW Page 11 of 13 Cheque No. Cheque Date Purpose Amount 321332 09 -JuI -2008 TRAVEUMILEAGE 109 00 320994 25- Jun -2008 MATERIALS GARNER RD PUMPING 1,732.50 321680 23 -JuI -2008 CONTRACT 2007 185 -06 9,694.23 321824 30 -JuI -2008 CONSULTING SERVICES WEIGHTP 16,197 09 320995 25- Jun -2008 MATERIALS 792,69 321333 09 -JuI -2008 MATERIALS 205 57 320996 25- Jun -2008 CONTRACT SERVICES 72 321681 23 -JuI -2008 CONTRACT SERVICES 72 321151 02 -JuI -2008 STORES /INVENTORY 299 68 321682 23 -JuI -2008 MATERIALS BALLOONS 339 00 320997 25- Jun -2008 MATERIALS 7910 320998 25- Jun -2008 CONTRACT SERVICES REPAIR AT 4,209 05 321334 09 -JuI -2008 MATERIALS 213.57 321504 16 -JuI -2008 MATERIALS 3,479 50 321683 23- JuI -2008 REFUND OVERPAYMENT OF BUSII 90 00 321684 23 -JuI -2008 MATERIALS 1,79614 US draft 11 -JuI -2008 MATERIALS 38.45 321152 02-Jul-2008 MATERIALS 1,625 00 321825 30 -JuI -2008 PETTY CASH 212.91 321335 09 -JuI -2008 ADVERTISING CORONATION 378.00 321505 16 -JuI -2008 MATERIALS 15410 321826 30 -JuI -2008 REFUND DAMAGE DEPOSIT 750.00 321506 16 -JuI -2008 MATERIALS 779.70 321000 25- Jun -2008 REMITTANCE 3RD QUARTER REM 4,733.08 321685 23 -JuI -2008 GRANT 2,708.33 321508 16 -JuI -2008 MATERIALS 150.00 321507 16 -JuI -2008 MATERIALS 110.18 320999 25- Jun -2008 CONTRACT SERVICES SUPPLY I 4,462.50 321154 02 -JuI -2008 MATERIALS 176.28 321336 09 -JuI -2008 TRAVEL /MILEAGE 575.25 321509 16 -Jul -2008 CONSULTING SERVICES 7,875 00 321155 02 -Jul -2008 MATERIALS 988.75 321510 16 -JuI -2008 MATERIALS 36160 321511 16 -JuI -2008 MATERIALS 113.00 US draft 28 -Jul -2008 CONSULTING 1,911.00 321001 25- Jun -2008 REMITTANCE ASO REMITANCE M/ 2,098.80 321157 02 -JuI -2008 ADMINISTRATIVE 267,709.37 321514 16 -Jul -2008 REMITTANCE 1,089.30 321828 30 -JuI -2008 ADMINISTRATIVE 272,259.71 321156 02 -JuI -2008 FUEL 70,334.03 321338 09 -JuI -2008 FUEL 32,552.94 321512 16-Jul-2008 FUEL 2,858.59 321513 16-Jul-2008 FUEL 29,972.13 321687 23 -JuI -2008 FUEL 65,453.77 321827 30 -JuI -2008 FUEL 27,048.27 321002 25- Jun -2008 MATERIALS 307.04 321515 16-Jul-2008 MATERIALS 358.34 321830 30 -JuI -2008 MATERIALS 177 48 321003 25- Jun -2008 UTILITIES 283.34 321688 23 -JuI -2008 SERVICES 317.24 321160 02 -JuI -2008 MATERIALS 150.00 321004 25- Jun -2008 REFUND TAX REFUND FOR CHARI 1,660.80 321339 09 -JuI -2008 REFUND OVERPAYMENT OF PARK 10.00 321516 16 -JuI -2008 MATERIALS WATER 100.00 321005 25- Jun -2008 REFUND TAX REFUND FOR 5056 B 922.34 321689 23 -JuI -2008 UTILITIES 2,712.48 321006 25- Jun -2008 MATERIALS REPLACEMENT CELL 873.92 321161 02- JuI -2008 MATERIALS 140.66 321342 09 -JuI -2008 MATERIALS 110.69 321343 09- JuI -2008 UTILITIES 8,809.62 321690 23 -JuI -2008 UTILITIES 567.22 321007 25- Jun -2008 UTILITIES LICENSES 11,513.07 321162 02 -Jul -2008 MATERIALS 35,474.23 321517 16-Jul-2008 TERAVIEW ACCOUNT REPLENISH 10,000.00 321518 16-Jul-2008 MATERIALS 2,835.00 321831 30 -JuI -2008 REIMBURSEMENT FOR RESTORATI 3,000.00 321066 02 -JuI -2008 ADVERTISING BUSINESS DEVELO 551.25 321832 30 -JuI -2008 MATERIALS 392.06 321008 25- Jun -2008 MATERIALS NICK PIETRANGELO 55.37 321344 09 -JuI -2008 MATERIALS BUSINESS CARDS CY 67 80 321691 23 -JuI -2008 MATERIALS TERESA FABBRO 123.17 321833 30 -JuI -2008 MATERIALS 67 80 321692 23 -JuI -2008 ADVERTISING 13,853.52 321834 30 -JuI -2008 ADVERTISING TRANSIT 1,818.35 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TIM HORTONS STORE #30 TIM HORTONS STORE #30 TORONTO STAMP INC TRU -BLUE WATER TRUCKING TSH ENGINEERS PLANNERS TSH ENGINEERS PLANNERS TSH ENGINEERS PLANNERS TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UNITED LABORATORIES UNITED WAY UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VAIL,TIM VAIL,TIM VANDEN BUSSCHE IRRIGATION VANDEN BUSSCHE IRRIGATION VANDEN BUSSCHE IRRIGATION VANEYK MEDIA.COM VIC VATRT CONTRACTING LTD VICTORIA CENTRE BIA VIG,WAYNE VINELAND GROWERS' CO- OPERATIVE LTD VUJOVICH,DRAGO W.J. MCBURNEY WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER INTEGRATED MUNICIPAL SERVICES WARNER,WILLIAM LEONARD WARNER STABLES WASTE MANAGEMENT WATSON ASSOCIATES ECONOMISTS LTD WAYNE SAFETY INC WEIMA,DANAKA WEIR FOULDS WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WESTBURNE /RUDDY WHEELER,SUE WHITE,DAVID WILSON,RICHARD WIMBUSH,ROB Cheque No. Cheque Date 321009 25- Jun -2008 321345 09 -Jul -2008 321519 16 -Jul -2008 321010 25- Jun -2008 321011 25- Jun -2008 321520 16 -Jul -2008 321835 30 -Jul -2008 321346 09 -Jul -2008 321347 09 -Jul -2008 321348 09 -Jul -2008 321012 25- Jun -2008 321349 09 -Jul -2008 321693 23 -Jul -2008 321836 30 -Jul -2008 321164 02 -Jul -2008 321013 25- Jun -2008 321837 30 -Jul -2008 321014 25 -Jun -2008 321521 16 -Jul -2008 321694 23 -Jul -2008 321838 30 -Jul -2008 321031 25- Jun -2008 321032 25- Jun -2008 321351 09 -Jul -2008 321522 16 -Jul -2008 321695 23 -Jul -2008 321696 23 -Jul -2008 321839 30 -Jul -2008 321018 25- Jun -2008 .321524 16 -Jul -2008 321698 23 -JuI -2008 321352 09 -Jul -2008 321523 16 -Jul -2008 321840 30 -Jul -2008 321016 25- Jun -2008 US draft 16 -JuI -2008 321017 25- Jun -2008 321166 02- Jul -2008 321841 30 -JuI -2008 321697 23 -JuI -2008 321168 02 -JuI -2008 321167 02 -JuI -2008 321353 09 -JuI -2008 321525 16 -JuI -2008 321019 25- Jun -2008 321633 23 -JuI -2008 321356 09 -JuI -2008 321527 16 -JuI -2008 321843 30- Jut -2008 321020 25- Jun -2008 321169 02 -JuI -2008 321355 09 -JuI -2008 321526 16 -JuI -2008 321699 23-Jul-2008 321842 30 -JuI -2008 321354 09 -JuI -2008 321844 30 -JuI -2008 321047 30- Jun -2008 321700 23 -JuI -2008 321357 09 -JuI -2008 321170 02 -JuI -2008 321358 09 -JuI -2008 321845 30 -JuI -2008 321359 09 -JuI -2008 321528 16 -JuI -2008 321701 23 -JuI -2008 321846 30- JuI -2008 321021 25- Jun -2008 321529 16 -Jul -2008 321702 23- JuI -2008 321022 25- Jun -2008 321703 23 -JuI -2008 321023 25- Jun -2008 321360 09 -JuI -2008 Purpose MATERIALS MATERIALS COFFEE CANS MATERIALS REFUND RETURNED STANDPIPE 1 CONSULTING SERVICES PEOPLE CONTRACT SERVICES PEOPLE Mt CONSULTING SERVICES CLIFTON MATERIALS TRAVEL /MILEAGE TRAVEL /MILEAGE STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES WARREN CONSULTING SERVICES NFGC ST CONSULTING WARREN CREEK WI DEERFIELD ESTATES PHASE 4 CONSULTING SERVICES FOURTH ADMINISTRATIVE CONTRACT SERVICES DWQMS IM CONSULTING SERVICES CONTRACT SERVICES PEOPLE MI CONTRACT SERVICES FOUR PAD CONSULTING SERVICES CONVEN CONTRACT GARNER SW SEWER /M CONTRACT 2007 193 -07 GARNER S' CONTRACT GARNER SW SAN /PUMI MATERIALS SERVICES SERVICES REFUND EMPLOYEE PURCHASE F COURSE EXPENSE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MECHANIC ADMINISTRATIVE 1ST AND 2ND IN TUITION REIMBURSEMENT MATERIALS REFUND DAMAGE DEPOSIT MATERIALS CONTRACT SERVICES SERVICE C CONTRACT SERVICES CORONATI CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES WASTE RE REFUND DAMAGE DEPOSIT MATERIALS WASTE REMOVAL CONTRACT SERVICES NF /DC APP STORES /INVENTORY TRAVEUMILEAGE CONTRACT SERVICES MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY TRAVEL VICTORIA MATERIALS TRAVEL /MILEAGE MATERIALS COURSE AT ONTARIO Page 12 of 13 Amount 75.31 61 72 35.98 300.00 3,417.23 8,296.56 578.94 319.03 168.00 42.00 1,340.07 362.04 44 89 227 74 551.22 1,206.00 1,464 50 3,923.28 1,510.64 3,315.38 932.40 26,744 88 95.00 6,713.44 1,659 00 15,849.82 13,420.84 1,203.62 42,371 77 24,150.73 117,728.11 5,390.70 22,890.00 66.00 300.00 27.58 442.54 651.58 376.01 630.00 5,250.00 160, 000.00 475.50 130.62 750.00 1,800 00 203.92 104.91 12.29 7,654 12 21,062.78 13,734.07 15,813.97 19,744.85 19,352.48 10.28 750.00 500.00 58.09 778.58 684.78 123.00 1,178.38 39.55 576.30 132.55 156.74 294.37 7,889.38 1,616.75 620.58 150.00 30.81 45.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ST CATHARINES YWCA ST CATHARINES ZABOR,RICK ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZARAFONTIS,JULIAN ZEIDLER PARTNERSHIP Cheque No. Cheque Date 321024 25- Jun -2008 321025 25- Jun -2008 321704 23 -Jul -2008 321026 25- Jun -2008 321705 23 -Jul -2008 321171 02 -Jul -2008 321706 23 -Jul -2008 321847 30 -Jul -2008 321172 02 -Jul -2008 321361 09 -Jul -2008 321362 09 -Jul -2008 321531 16 -Jul -2008 321707 23 -Jul -2008 321848 30 -Jul -2008 321363 09 -Jul -2008 321364 09 -Jul -2008 321532 16- Jut -2008 321708 23 -Jul -2008 321533 16 -Jul -2008 321027 25- Jun -2008 321365 09 -Jul -2008 321849 30 -Jul -2008 321028 25- Jun -2008 321366 09 -Jul -2008 321029 25- Jun -2008 321709 23 -Jul -2008 321367 09 -Jul -2008 321030 25- Jun -2008 321174 02 -Jul -2008 321535 16 -Jul -2008 321710 23 -Jul -2008 321539 22 -Jul -2008 Page 13 of 13 Purpose Amount CONTRACT SERVICES CARETAKE 65 00 GRANT 31,666.67 GRANT 31,666.67 ADMINISTRATIVE 22,083.33 GRANT 2,083.33 FUEL 47,472.84 FUEL 38,317 79 FUEL 20,835.72 ADMINISTRATIVE SCHEDULE 2 IN\ 32,569 38 PAYROLL REMITTANCE 556.54 PAYROLL REMITTANCE 264.57 ADMINISTRATIVE SCHEDULE 2 IN\ 2,816.93 ADMINISTRATIVE SCHEDULE 2 IN\ 4,695.05 ADMINISTRATIVE SCHEDULE 2 IN\ 28,245.35 PETTY CASH 491 74 CONTRACT SERVICES REPAIRS T 991 06 CONTRACT SERVICES REPAIRS T 1,124 16 CONTRACT SERVICES 395.85 MATERIALS 15.23 UTILITIES HEATING /CITY PORTION 5,509.99 MATERIALS 3,933.35 MATERIALS 5,375.78 MATERIALS 2,014 14 MATERIALS SOD FOR SEWER 711 99 GRANT PLUS BUDGET ADJUSTME 5,914.52 GRANT 5,286.50 TRAVEL /MILEAGE 210 00 CONTRACT SERVICES 1,000 64 CONTRACT SERVICES 1,941 44 CONTRACT SERVICES REPAIRS T 1,392.89 REFUND DAMAGE DEPOSIT 750.00 MATERIALS-NC&CC PROJ #08 -1 -01 284, 970.00 Total 26,493,570.85 niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel 905/356 -8080 Fax 905/356 -7004 July 11, 2008 Members of the Corporate Services Committee City of Niagara Falls Ladies and Gentlemen: Further to our budget letter to you dated Oct. 1, 2007 and our presentation at your meeting of Oct. 29, 2007, the Niagara Falls Public Library Board respectfully requests that municipal funding of the Board's 2008 operating budget be increased by $74,025 to $3,683,325. This increase is the result of City Council's ratification on June 23, 2008 of the amended Collective Agreement with C.U.P.E. Local 133. In order for the Corporation of the City of Niagara Falls to continue to comply with the Pay Equity Act, employees of the Niagara Falls Public Library must be subject to the same amendments. This continues the City's past practice with respect to this issue. Sincerely, Carman Dix, Chair Niagara Falls Public ibrary Board c. Trent Dark Ken Burden FINANCE DEPT. JUL 11 ZUU 3 ACTION DISCUSS INFO August 8, 2008 Mayor Ted Salci and Members of City Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ladies and Gentlemen: The Niagara Convention and Civic Centre Inc. "NCCC was established to facilitate the operations and long term maintenance of the convention centre in Niagara Falls which is to be owned by the City. The corporate structure of NCCC includes provision for the appointment to the Board of Directors of a representative from the Corporation of the City of Niagara Falls, together with representatives from the Region of Niagara, the Fallsview and Victoria Centre BIAs, Niagara Falls Tourism, Falls Management Company /Ontario Lottery and Gaming Corporation, the Niagara Parks Commission and another community representative. Recently, appointments to the Board have been made by the Fallsview and Victoria Centre BIAs. As the Project moves forward it is now deemed desirable to expand the Board of Directors with several additional appointments, including the City. Your Chief Administrative Officer, John MacDonald, together with other senior members of your staff, have been working closely with NCCC and various consultants to move the Project through its pre construction development stages to the current situation where preparations are now under way to procure a Design Builder. Accordingly, we kindly request that Council, submit for approval, the name of a person to serve as the City's representative on the Board of Directors of NCCC. Your cooperation is most appreciated. Yours truly, Kerry Painter President General Manager Niagara Convention Civic Centre Inc. 11111 11 1911 1 NIAGARA CONVENTION *CIVIC CENTRE RE: Invitation to Join NCCC Board of Directors Dean Iorfida Formal Request Fees Hannah House From: To: Date: Subject: Attachments: Dear Mr Iorfida, Attached are two letters, one of authority to act in this manner and the other a formal request regarding the fees. If you require more information or specific details, please let me know. Thank you! Sincerely C'Pcwderae Spina/Jo Charlene Spinosa Support Committee Volunteer Hannah House Maternity Home 4761 Crysler Avenue Niagara Falls ON Office: 905 353 -8552 Home: 905 371 -8868 Fax: 905 353 -8553 www.hannahhouse.ca ..:s•�m�rr. ea. _..c+ 32, Al232 Pld++�3Y.�iwmv ..:7132 Page 1 of 1 sae 011EMl-5 "Burt Char" <bspinosa @cogeco ca> "Dean Iorfida" <diorfida @niagarafalls.ca "Cheryl Plett" <cherylplett @hotmail com> 7/30/2008 11 09 AM Formal Request Fees Hannah House FormalRequestFees.doc file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \48904BF5Domai... 8/5/2008 June 18` 2008 To Whom It May Concern. Sincerely, Cheryl Plett Cheryl Plett Director Hannah House Materinau 4 to vu.e Greetings from Hannah House This is a letter of introduction for Charlene Spinosa, whom has recently joined the Support Committee of Hannah House Maternity Home, located at 4761 Crysler Ave., in Niagara Falls. Hannah House is a non profit charitable organization dedicated to providing a secure, nurturing environment for the purpose of empowering adolescent mothers as self sufficient individuals, parents, and citizens. As a volunteer and coordinator for our non profit charity functions, she will be approaching the community in the Niagara Region and beyond, asking for donations, support, and assistance for upcoming community fundraising events for our home In particular Charlene Spinosa is currently organizing our 1S` Annual Hannah Banana Run Event, scheduled for Saturday, September 27th 2008 Within the guidelines of this capacity, she is responsible for obtaining all the necessary documents required for the successful launch of this project, such as Permits, Proof of Insurance, and working with City Council and Officials on behalf of Hannah House. Please assist her with my authority and approval regarding this matter, thank you. If you need any further information or confirmation please call Hannah House at 905- 353 -8552 and ask for Cheryl Plett 4761 Crysler Avenue, Niagara Falls, Ontario, L2E 3V9 E: 1nfo@hannahhouse.ca W: www.hannahhouse.ca T: 905.353.8552 F 905.353.8553 Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street N.F.O. L2E 6X5 July 30, 2008 RE: Hannah Banana Run Fees Dear Sir; Hannah House Ma tervuitU I vtiLe Attached is a letter of Authority to act on behalf of Hannah House regarding our upcoming Community Event; "The 1 Annual Hannah Banana Run" set for Saturday, September 27 2008 at Firemen's Park, Niagara Falls. We are making a formal request that the Fees of $837.32, as outlined by Sue Wheeler from the Transport Services Dept. for this event, be waived. Hannah House is a Non profit Organization that is Community Based and continues to exist based on community involvement and funding. The Event is a Community Event to help raise money for Hannah House but, more importantly, awareness. The past two years have been extremely difficult for Hannah House to continue to keep its doors open and this year has been a struggle as well. We are hopeful this event will become an Annual Family Fun Day for the entire region and make it possible for Hannah House not only to continue to be available but, to expand to help meet the needs of its people. As well as a stimulant to the local economy with visitors in the years ahead. The entire day is based on Community Involvement with a live entertainment Venue, Food (BBQ) and a Penny Sale tent area. There are no fees or admissions being charged to the park. We are also inviting our Mayor and Kim Craitor to the event for the Award's Ceremony. Thank you for your attention in this matter. Sincerely, eftwriette Spineisa Charlene Spinosa (905) 371 -8868 4761 Crysler Avenue, Niagara Falls, Ontario, L2E 3V9 E: info@hannahhouse.ca W: www.hannahhouse.ca T: 905.353.8552 F. 905.353.8553 Dean Iorfida Big Brothers Big Sisters Council presentation From: To: Date: Subject: Attachments: To Dean Iorfida City of Niagara Falls City Clerk's Office Dear Mr Iorfida, "Jon Braithwaite" <jon @magarafallsmentors.org> "Dean Iorfida" <diorfida @magarafalls.ca> 8/8/2008 10:03 AM Big Brothers Big Sisters Council presentation PROCLAMATION 2008.doc On September 28, 2007, Niagara Falls Big Brothers Big Sisters, in partnership with the agencies located in Fort Erie and St. Catharines, launched our innovative and aggressive Big Brother Recruitment drive entitled "1 Year, 100 Men" This initiative seeks to recruit 100 new Big Brothers in our communities by the end of September, 2008 I am pleased to announce that we are almost at 75% of our goal. However, we recognize that September will be a key month for us to reach our goal. To that end, we have designated Monday, September 8 as Niagara Falls Big Brothers Big Sisters Call To Action day. On this day, we will be requesting that key members in our community support our efforts to match more boys with Big Brothers by wearing a t -shirt promoting this initiative and our recruitment website. To this end, I would respectfully like to request the members of Niagara Falls City Council consider wearing one of these t- shirts throughout the day, as well as to the Council Meeting on that evening. I would also be honoured to speak to council on this day, outlining the activities to date, the updated progress of our campaign, and the future plans of our organization. If the members of Council are amenable to this request, I would be pleased to provide you with the appropriate sizes of t- shirts for you to distribute ahead of time. Additionally, we would like the Mayor and Council to consider the attached, an announcement proclaiming September as Big Brothers Big Sisters month in Niagara Falls. As I am sure you are aware, over 100 communities across Canada celebrate the work of Big Brothers Big Sisters throughout September, and I am proud to share with my colleagues that the city of Niagara Falls consistently supports this initiative through this proclamation and by agreeing to fly the Big Brothers Big Sisters flag at City Hall throughout the month of September Thank you so much for your support on this request. If you have any questions in regards to either our Call to Action or the attached proclamation, please don't hesitate to contact me at your convenience. Sincerely, Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters Niagara Falls Big Brothers Big Sisters -SiLa •s:2flTe ems. "'fie' ';g °r. =TIW'3i Page 1 of 2 file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \489C19DBDomai... 8/8/2008 PROCLAMATION Big Brothers Big Sisters Month September 2008 WHEREAS, Niagara Falls Big Brothers Big Sisters is a wonderful service organization committed to matching children and youth with caring, volunteer mentors; AND WHEREAS, evidence -based research has shown that the Big Brothers Big Sisters mentoring model contributes directly to increased academic achievement, better family and peer relationships, a substantially lower reliance on social assistance, reduced criminal behaviour, and a more successful transition from school to work; AND WHEREAS, the future of Niagara Falls Big Brothers Big Sisters depends not only on its past impact, but also on the future impact of its Little Brothers and Little Sisters and the continued commitment to its Big Brothers and Big Sisters; AND WHEREAS, Niagara Falls Big Brothers Big Sisters relies heavily on the strength and dedication of its volunteers who, through their commitment and support, make a profound difference in the lives of children and youth in our community; AND WHEREAS, the agency is working with its' regional colleagues to reach their goal of recruiting 100 New Big Brothers by September 28, 2008, NOW THEREFORE, I, Ted Salci, Mayor of Niagara Falls, DO HEREBY PROCLAIM September, 2008 as Big Brother Big Sister Month. I encourage everyone to visit the recruitment website at www.1year100men.com to learn more about the volunteer programs offered by Niagara Falls Big Brothers Big Sisters. August 6, 2008 "Our Turn 2008" (With out borders) Dear Mayor Salci City Council On behalf of the "Niagara Falls Ministerial Fellowship" I would like to request the declaration from City Council to proclaim a week of prayer for Niagara Falls on the week of September 21s -28 We are looking to you for your support once again. Please let us know as to any further details that are needed. Thank you for your consideration in this matter... Also; we are requesting the use of the Mayors council chamber for a special prayer service on Wednesday September 24 at 9:00 a.m. We would invite you Mayor Salci to join us along with any council members that would like to join us as we pray for the leadership of the city... Sincerely Dal 7-(ieiert Pastor Dale Hiebert On behalf of the "City Ministerial" 5140 Kalar Road Niagara Falls Ontario L2H 1T2 1- (905)- 374 -8915 (7 Fondation canadienne des maladies inflammatoires de I'intestin June 25, 2008 Mayor —Ted Salci 4310 Queen Street, P O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci, On Thursday, September 18, 2008, M &M Meat Shops, Canada's largest retail chain of specialty frozen foods, is encouraging families coast -to -coast to enjoy a meal together in celebration of the fourth annual National Family Dinner Night. Family experts and researchers confirm that one of the most valuable gifts parents can give their children is time spent together as a family Taking this advice, M &M Meat Shops successfully launched National Family Dinner Night four years ago and have encouraged thousands of families to sit down and have dinner together. Through these efforts, M &M Meat Shops strengthened communities and raised more than $82,000 for the Crohn's and Colitis Foundation of Canada (CCFC) This year M &M Meat Shops is hoping to bring even more families across the country together at mealtime Last year's program received the support of community leaders from coast -to -coast including the Prime Minister, the Governor General, Premiers and many Mayors of Canada's largest and smallest cities We would be most honoured if you, as a leader in the community, would provide a letter of support for this community based initiative and, if possible, formally proclaim September 18, 2008 as National Family Dinner Night. We would truly love to hear your own memories about your family dinners growing up and what getting together for a family meal means to you M &M Meat Shops will be asking families to register their participation in National Family Dinner Night on the website: www .nationalfamilvdinnernight.com as of August 1s 2008. For every person who registers, M &M Meat Shops will donate $1 to the CCFC Of course, we also hope that you will enjoy a family dinner on September 18, 2008, and register your participation in National Family Dinner Night at www .nationalfamilydinnernight.com We thank you in advance for your consideration. We will follow up with your office in the next few weeks. In the meantime, if you have any questions, please do not hesitate to call me at (416) 366 -7735 ext. 259 Thank you for your consideration Yours truly, Crohn's and Colitis rr Foundation of Canada Ive Balins Strategic Objectives ibalins@strategicobiectives.com Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Reilly Street End Attached is a request from Mr. John Bevan to lease City -owned property known as the Reilly Street end. This piece of property along the Welland River has been subject to much debate and requests over the years. As a result, staff is recommending that before Council makes a decision that staff come back with a report on the history of the property, pros and cons of leasing it etc. RECOMMENDATION: Refer to staff for a report. Niagaraaalls \FAD A DATE: August 18, 2008 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development John Bevan July 22, 2008 Councillor Carolynn loannoni, Chair And Members of the Community Services Committee 4310 Queen Street P.O Box 1023 Niagara Falls, ON L2E 6X5 Dear Madame Chair: RoII# 2725 120 008 09000 0000 2725 120 008 08900 0000 PIN# 64255 -0204 Reilly Street, Niagara Falls City Lot Plan 251 9767 Niagara River Pkwy, NIAGARA FALLS, Ontario, Canada L2E 6S6 (905)295 -6433 Re{ Application of John Bevan, for lease of city owned Reilly Street end (Chippawa) I have previously expressed my interest in the above mentioned property to the City of Niagara Falls in 2002, and twice after that (2006 and 2007) by way of application It was the subject of a council decision to simply hold the property at that time. The City has had the responsibility to maintain the property since then More recently, 1 again contacted the City to express my interest and was advised that due to the Environmental Assessment (E.A.) with regard to the repair of the Weightman Bridge, an application could not be considered The E.A. has now been completed and it has been determined, the City is no longer in need of this property. I am a lifelong resident of Chippawa, where I operated Bevan's Shell on Cummington Square (Main St and Willoughby Drive) for 25 years, an enterprise started by my father Jack Bevan in 1956. I am employed by Fallsview Casino and have tenancy at 9676 Niagara River Parkway, Niagara Falls, Ontario. July 22, 2008 Page I am prepared to enter into the standard lease agreement that exists for the street end lots This agreement would reflect the City's specific requirements for this property, including, terminus of agreement concurrent with street end leases unfettered access and right of way for City and OPG use within all codes and guidelines If I am successful, I will be seeking a permit to build a home for myself on the site The current zoning would allow this use. The benefits to the City of Niagara Falls in my proposal are; Maintenance of the site will be enhanced Intensification of use of new water and wastewater investment on Front Street Maintenance costs for the Reilly Street end will no longer be the City's responsibility Positive cash flow for City from, o permit and development fees o annualized lease and taxes o water and wastewater billings Attached find two letters of support from prior applicants The other applicant of record currently resides on Front Street and has had direct waterfront access and docking privileges for more than 20 years. The City has no history of leasing the street end lots to those who already have full water front use. Thanking you in advance for your consideration of my proposal I remain, John Bevan August 18, 2008 CD- 2008 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario NiagaraFalls Members: Re: CD- 2008 -11 Second Avenue Complaints RECOMMENDATION: That the report be received by Council and forwarded to the residents for their information. BACKGROUND: At the July 21' Community Services Committee meeting, a petition/ letter regarding complaints on Second Avenue, north of Bridge Street was referred to staff. There has also been subsequent media coverage on the matter. Staff has investigated the various concerns The attached internal e-mail from the Operations Superintendent outlines the various Municipal Works related matters. Some key points: Street sweeping has occurred regularly. Despite no evidence of any significant collection of debris, the sweeper went out again on July 24 Sidewalks are in relatively good shape. Some minor patching and bonding was undertaken Bridge Street sidewalk will be replaced after sewer work in the area is completed. Regular winter sidewalk maintenance happens on the arterial road in the area (Bridge Street). Municipal Works' records do not reveal a predominance of complaints from the area. A regular pothole complaint seems to indicate an underlying problem. As a result, a camera inspection of the nearby sewer will be conducted. Other issues related to sightlines and property standards' matters are also being investigated. Council is reminded that in most cases staff responds on a complaint basis. When we become aware of an issue or concern we respond regardless of geographical location in the City, therefore, we encourage residents to forward their concerns. We cannot act on them, if we do not know about them. A dozen property standards or by -law complaints have arisen since_2006, and four matters were serious enough to warrant the issuance of orders to corn` Working Together to Serve Our Community Corporate Services Department Clerks August 18, 2008 Speaking of geography, the contention in the letter of this area of the City is being neglected is not borne out by the facts. An internal e -mail and a large map included in the Councillors' packages show that there are half a dozen or so major projects that have either been completed in the area or are slated to happen by 2011. These projects include road reconstruction, new sanitary and storm sewer outlets and watermain replacement. Funding for a number of projects occurred because the Council has been committed to an aggressive sewer separation program and the municipality specifically forwarded these projects for COMRIF funding (Canada- Ontario Municipal Rural Infrastructure Fund) Projects in more "affluent" areas of the City have not been forwarded for COMRIF funding. Obviously, with a large number of major projects in the area, there will be the presence of large trucks and machinery in the vicinity. It is hoped that the residents would recognize that such construction is a short-term inconvenience to realize a long -term solution (i.e., sewer separation, elimination of basement flooding etc.). Finally, City staff has no jurisdiction over police related matters outlined in the letter. CONCLUSION: Staff appreciates the concerns raised by the Second Avenue residents. We endeavour to respond to such concerns when made aware of them. Location in the City has no bearing on when and where we respond to complaints Also, the facts show that a large number of capital projects are committed to the area bounded by the former rail line north of Bridge Street, Stanley Avenue, Morrison Street and Victoria Avenue. Recommended by: Approved by: Respectfully submitted: Dean "Iorfida 2 CD- 2008 -11 K. E. Burden, Executive Director of Corporate Services MacDonald, Chief Admin tra Jo;g MacDo tive Officer DATE July 18, 2008 TO Councillor Wayne Thomson COPY TO Mayor Salci, Bob Judge, Manager of Bylaw Services Wendy E. Southall, NRPS Chief of Police, iagara Falls City Council, ouncillor Janice Wing, Tony Ricci .t PJi0g f yap FROM Residents of living on Second Avenue, North of Bridge Street RE SECOND AVENUE, NORTH OF BRIDGE STREET THE UNDERSIGNED RESIDENTS OF SECOND AVENUE REQUEST THAT THE FOLLOWING 15 ISSUES ANDR CONCERNS BE RESOLVED 1 1 Second Avenue, between Hamilton and Bridge Streets, was NOT cleaned (swept) in Spring, 407 or in Spring, 2008 Surrounding streets were cleaned WHY NOT? When can we expect our; 'tl street to be cleaned? co 2 The drain in front of 4455 and 4447 still needs clearing out. Grass and weeds are plugging it. Since no improvements to the sewer system in this area of Second Ave are scheduled we request regular and ongoing maintenance of our drains A resident called City Hall to complain She was told how she could clear it herself using a stick. This was an unacceptable response 3 There is a large pothole in the vicinity of 4402 that has not been filled, 4 Our sidewalks have not been repaired since they were installed in 1970's They are in disrepair 5 The fence surrounding the car lot on the NW corner of Second and Bridge impedes visibility It is a complete eyesore and makes it difficult to turn safely onto Bridge St from Second Ave 6 This lot contains many inoperable vehicles In appearance it resembles a wrecker's or compound lot. Prior to the fence going up, the cars were repeatedly driven over the sidewalks surrounding the lot. As a result the sidewalks are seriously damaged The condition of the sidewalks creates a danger to residents of Second Ave who walk to the corner bus stops and variety store and especially to the handicapped residents who operate scooters. A Niagara Transit bus stop is located on the NE corner of Second and Bridge. A school bus stop is located on Second, near the corner of Bridge 7 During the winter, the owners of the lot do not keep the sidewalks surrounding lot free of snow or ice. Nor did the City clear any sidewalks regularly. This is a very busy corner used by many pedestrians, especially children and seniors. In winter, people are forced to walk on the street (Bridge, Second) to reach the bus stops or variety store. This winter the fence will create even more difficulties We would like to the City to enforce an improvement to the appearance of the car lot, increase visibility at the corner, repair sidewalks bordering the lot and improve sidewalk snow removal in the area during winter months. 8 The construction on Third and Fourth has increased traffic flow on our section of Second Ave This traffic consists of large construction vehicles and equipment as well as diverted traffic. The additional vehicles are a danger to the children playing on our streets, pedestrians and has considerably upped the level of dirt, dust and noise. When can we expect an end to this. We are concerned for the safety of our residents and condition of our street. 10 11 E LIST ANY OTHER COMPLAINTVOU WO LD LIKE ADDED TO THE LIST ss 5ce eS -hv(QL) 1p ,zAc( )i.L,--, /max 1 tk .�JCI JI._/ 12 .�L //71/4 I i 4 i3Q 6 &7 7/1e qt. LF c 6(4 e so CA-6-4-c 50 46,u CC, as s PAISe e d es /77/ A/46 4/v ®qty ---7 M t'r1 So C /-iA+)6ts" /V d X9-7 1,;w `!H% y e 1 3 cL/} -.S- /3 =4us PCB P iA/ f.tr> ,i0' it ACSc'K As 5cec6 4S 4r2 .�_.�J/• "cr-- iu r rgs �i rn/77 6> 7y( Ned ,6Gu i Lr&itit rn1 td CLMss r1/Yr !'E Pr/! L'v 4,7 74rGri: /d 0,41 Xn 044 4.16:16 /1 scfn e e o kc c' afvY% wily 17 13 VYS fSccOmn Ade.. ,riu McLy�,J TLum .kLL o, Ortannt q 00-ex vIss., U h� pol tce a, or 0 i s rs r\o r .LecU- Ne..�S cal Sc�� 0 LA D, Ark ci sore a.. J.o rd �1 's �.>r, -u-� �-1 'ek k cea B r:ta= fr,Th 16 17 18 19 20 °Lir-% r•Cje, c- t 9 0 L 442 -Lak-i•O`b 51^4,tack Friday July 11, 2008 TO ALL RESIDENTS LIVING ON SECOND AVENUE, NORTH OF BRIDGE ST RE. INCREASING DETERIORATION OF SECOND AVE AND THE SURROUNDING AREA On Fnday, July 11 the Niagara Review printed an article regarding 2 car dealerships on Bridge Street. The writer of the article, Tony Ricciuto, says in regard to the City of Niagara Falls' bylaw enforcement for "every car dealership in the city that parks its vehicles illegally on municipal property close to the sidewalk" it (enforcement) "would never work anyway because there are just too many other violators and the city doesn't have the staff to even try and enforce its own bylaw" The article features a picture of the Great Lake Auto Centre that is on the corner of Bridge and Second The owner, Lake Pong, claims the police referred to his business being located in "a low -class area" We contend that if the City of Niagara Falls actually enforced its own bylaws in regard to commercial properties, rental properties, private residential property standards, the clean lawn initiative, street cleaning, traffic control, and other bylaws our street would not be considered "low- class" We further contend that if someone from the City or Council walked down our section of Second Avenue they would see for themselves how the greater majority of residents are making an above average effort to maintain the standards of their properties (owners and renters). The condition of our street, the appearance and condition of the car lot on the corner would not be tolerated by residents living in other areas of Niagara Falls We further believe that the City would respond a lot quicker to our complaints if we lived in Mount Carmel or Rolling Acres. However, our tax mill rate is the same and we feel we are paying for services we are not receiving We also contend that businesses operating in higher profile areas would certainly have all standards enforced It appears that the City doesn't place as much importance to enforcing bylaws on Bridge Street as it would on Fallsview or Thorold Stone or Montrose. Does the City discriminate based on location? We hope not. We are tired of hearing and reading that the City does not have the resources or staff to enforce its own bylaws. (What is the use of passing a bylaw if it can't be enforced They do, however, have enough money for new arenas and improvements to the commercial tourism areas of the City. In the past 7 or 8 years there has been a steady decline in our area's appearance. -2- Mayor Salci had the local press with him on his visit to Second Ave prior to being elected the first time. Someone was demonstrating a machine that checks the condition of sewers. Wayne Thomson was also here the previous year, during his tenure as mayor... when this end of Second Ave experienced a major flood. Apparently our section of Second Ave is excellent for having photo ops. Note, however, that despite the flood occurring on Second Ave we are not getting new sewers. Third and Fourth Ave had new pipes installed this spring. We do not want to move. However, we do not like seeing our neighbourhood referred to as "low class" in print. We do not like how the area has deteriorated in the last few years. It is about time the City concentrated some of its resources to improving its older neighbourhoods and quit treating us as "low class Enforcement of bylaws must be done, despite the cost. The same standards must be enforced everywhere in the City to the same degree. As residents we can only do so much to upgrade our properties. We have to trust that the City will uphold its own mandates. Attached is a copy of the Review article for your information. Also attached is list of complaints that we believe should be addressed by the City. Many of you will have different suggestions, so I have also enclosed a sheet for noting any other complaints or suggestions. Feel free to amend the ones already listed. Please let your voice be heard by signing this petition. If you live on this street, whether you rent or own, you have a right to the same services as other neighbourhoods and an expectation that all City bylaws will be enforced. It is time we spoke out in unison. Hopefully.... some positive change will result. Once the complaint list has been circulated, amended and signed.....it will be sent to the City Council, Mayor Salci, Councillor Wayne Thomson, Wendy Southall, NRPS, Chief of Police, Bob Judge, Manager of Bylaw Services and Tony Ricciuto, Niagara Falls Review Thanks, Rhodie 4455 Second Ave 905- 354 -1237 Copy to: Niagara Falls City Council Mayor Salci, Councillor Wayne Thomson, Wendy Southall, NRPS, Chief of Police, Bob Judge, Manager of Bylaw Services and Tony Ricciuto, Niagara Falls Review Dean aorfida Re: Fwd: Second Avenue Complaints umCgrImaymvir ..,�a�..vnl: .,�r .3'n .3`,, si.3 ;..3.,5"T.: ZF. s.;.._ 3 i rk"•'rs''.4"?r?:a;�.�'.w „*r. Hi Geoff, From: John Morocco To: Geoff Holman Date: 7/28/2008 3:52 PM Subject: Re: Fwd: Second Avenue Complaints CC: Marianne Tikky We have reviewed these items and have the following information to offer. Page 1 of 2 1. In regards to street sweeping we are confident that this area did receive sweeping. Although the machine in this area was a rental and not on G.P.S, we do not believe that this street was missed 4 times over 2 years. Also we have reviewed our maintain records back to 2001 and have not received a single request for service regarding this issue. Our roads supervisor Ed Rapanaro inspected the street. He did not find a large amount of debris or significant accumulation of Winter sand that would had been evident had this road not been swept for 2 years. The only thing he did find was a trace of construction debris tracked over from the Hamilton St. and Third Ave. construction work. We had our road sweeper do this area on the July 24, midnight shift. 2. In regards to the catch basin cleaning. This area was part of our contract catch basin cleaning program and was completed in 2005. The issue involved with these basins is that they have restrictor plates to reduce intake which gathers dirt and seeds that grow into weeds. I am not sure who the resident spoke with at City Hall however had they contacted the Service Centre we would have investigated and responded. The basins were cleaned on July 24 th. We will monitor this area again in the Spring and if needed clean these restrictors again. 3. In regards to the pothole in front of 4402 Second Ave. One call was reported to us and recorded in the maintain system on May 9 th 2008. It was filled that same day. It has once again sank and was filled again on July 24. Given that this spot has sank twice we believe that there may be an issue with our sewer and we are having the area inspected by camera to see if this in fact why the road is sinking in this spot. We will determine what needs to be done next based on the camera inspection of the sewer. 4. The sidewalk on this street was installed in 1974. Our construction supervisor Jeff Anger has not received any previous calls regarding sidewalk concerns. The sidewalk on this street is in generally good condition. There were a few spots that required minor patching with a bonding material. This work was started Friday afternoon July 25 and we are returning today Monday July 28 to complete this street as well as a section on Bridge St. The sidewalk on Bridge Street is in poor condition. The patching work will make it safe until the sewer work in this area is completed and this walk is replaced. This walk was not damaged by cars driving over it. Cars cross sidewalks to pull in and out of driveways everyday, everywhere in our city. Staff did observe large trucks file: //C :\Documents and Settings \di202\Local Settings\ Temp \XPGrpWise \488DF967Domai... 8/6/2008 tractor trailers pulling over off the road and parking on this walk to use the store. This is more likely the reason for this damage. 7. No Winter sidewalk maintenance is provided on Second Ave. Sidewalk Winter control operations are conducted regularly on Bridge St. We have checked our records and found that during the Winter of 2007 2008 the sidewalk on Bridge street received 65 visits by our trackless machine for either snow clearing or deicing. Bridge St. is a very difficult St. to perform Winter sidewalk maintenance on. It is a narrow arterial road with curb face sidewalk. The Region performs regular snow clearing on the road and uses the sidewalk for snow storage. Numerous times the sidewalk is cleared by our equipment and then filled when the Region plows and then re- plows the road. We then have to return and clear the sidewalk again. This is similar to numerous areas where we have roads that have curb face walk. I will forward a hard copy of this e -mail along with copies of our maintain records to you. Please let me know if you have any questions. Thanks, John Geoff Holman 7/23/2008 8:46 AM Hi John, We received this letter from the residents on Second Ave. at Council on Monday night which requires our response. Please review and lets discuss at your earliest convenience. Geoff Page 2 of 2 file: /C: \Documents and Settings \di202 \Local Settings\ Temp \XPGrpWise \488DF967Domai... 8/6/2008 (8/8(2008) Dean Iorfida Re _Second Avenue Complaints Page 1 From: John Grubich To: Bob Judge Date: 7/23/2008 2:17 PM Subject: Re: Second Avenue Complaints CC: Dean Iorfida; Marzenna Carrick; Sue Wheeler Bob Sight lines are impeded at this intersection since the car dealer has erected a security fence abutting the sidewalk and within both the municipal (Second Avenue) and regional (Bridge Street) road allowances. As the By -law Services Division is responsible for enforcing the encumbrance by -law, this matter should be investigated by your Staff. City Staff can request the Region (since the subject intersection is under their jurisdiction) to carry out a follow up review once the fence has been placed entirely on private property to ensure that minimum standards are met. Can you keep Dean abreast of your progress as this issue originated from City Council. Thanks John Grubich Ext. 5214 Dean Iorfida 7/22/2008 4:33 PM Attached is the letter referred to by Councillor Wing last night regarding Second Avenue concerns. Issues 1 -4, 7 are Municipal Works related: street sweeper, cleaning out of drain, pothole, sidewalk, and snow ploughing. Geoff, if you can respond to me on those. Issue 5 is a visibility/traffic issue. Sue, if someone can have a look from a visibility point of view Issue 6 is a property standards matter. John, please look into. Also, if you can have Lena look into what complaints are on file from 2nd Avenue residents, it would be appreciated. Also, if anyone can answer Issue 8 on the timing of the completion of Third and Fourth Avenue construction. Thanks Dean Merge doc To whom it may concern RE Boulevard Parking Prohibited Automobile Dealers Dear Sir /Madam Niag rapa11s CANADA July 24, 200k .�i uuir. Transportation Gen. Mgr. Transit /Mgr. Traffic Mgr. Parking Field Supv. Tran$p. Supv, TechnalogiSt Technok ist Detach..Cmdr. School Xing ✓i'1 -0- ry` r? The City of Niagara Falls is responsible for maintaining safety on the roadway, ensuring that site lines are unobstructed and pedestrians are free to use municipal sidewalks unencumbered. The City has received numerous complaints relative to the inappropriate parking of vehicles owned by car dealerships on boulevards and /or driving on sidewalks to access these areas We have been visiting car lots, and advising owners and managers of our requirements. While we understand and encourage businesses in Niagara Falls, it is our responsibility to ensure that safety is maintained As some of you may not be aware, the parking of any vehicle on a municipal boulevard is prohibited. Boulevard is defined as. "Boulevard" means all parts of the highway save and except any roadway, shoulder, driveway or sidewalk and; (I) "Outer Boulevard" means such portions of the highway lying between any sidewalk and the roadway or the shoulder where such exists, (ii) "Inner Boulevard" means such portion of the highway lying between the lateral boundary and the sidewalk and where there is no sidewalk it means that portion of the highway lying between the lateral boundary and the roadway or the shoulder where such exists a 1:2E 6X5 905-356-7521 www.niagarafalls.c Working Together to Serve Our Community J o Traffic S armed File: p 1 coPY Community Services Department Transportation Services Ext 5203 Fax 905 353 -0651 swheeler @niagarafalls ca Please make every effort to ensure that vehicles are not displayed or parked on municipally owned property We would be more than pleased to assist you and to advise you where parking is prohibited in your immediate vicinity, and what is permitted. It is not our intent to cause any undue hardships but to work with you to our mutual satisfaction. Be advised however, that the City may issue parking infractions and /or tow vehicles (at owners expense) if not removed when requested. Also be advised, that municipal property may not be paved, altered or encumbered without express written permission from the City We trust that you will adhere to these regulations, and once again, if we can be of any assistance, please do not hesitate to contact the undersigned E. Dujlovic K. Beaman K. Dren T Kuchyt R. Judge J McPherson 2 Yours truly, Sue Wheeler Manager, Parking Operations Dean Iorfida Re: Fwd: 4917 Bridge Street (Second Avenue Complaint) o =∎M ga brian From: Brian Sparks To: John Castrilli Date: 8/6/2008 4:39 PM Subject: Re: Fwd: 4917 Bridge Street (Second Avenue Complaint) Page 1 of 1 John attended the property and talked with owner's rep on site. Rep. stated that the owner had done a new roof on the rear lower part of the building and is currently fixing the rear stairwell and will be finished tomorrow. Handrails were on and pickets are still needed to be put on the guards going down the stairs to the mid landing. There is an existing steel stairway from the mid landing to ground level which appears to be in good shape. There is a deck /platform at the egress door from the second floor which now has guards and pickets on it. I'm going with Brian Dickson tomorrow to check out the building and the finished stair construction. Will ensure that all new construction meets safety standards. John Castrilli 8/6/2008 2:49 PM Brian Can you deal with this It appears that there may be some urgency. Perhaps have the occupant secure the access like screw the door shut to the balcony so as to remove the immediate danger. Please give it some priority and let me know. Thanks J Castrilli file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \489AB7E7Domai... 8/8/2008 Dean Iorfida Fwd: Second Avenue FYI From: Marianne Tikky To: Dean Iorfida Date: 7/29/2008 11:09 AM Subject: Fwd: Second Avenue msa Page 1 of 1 Bob Darrall 7/28/2008 4:13 PM Second Avenue from Maple Street to the north limit is scheduled to be reconstructed in 2009. The construction on Maple Street provided the new sanitary and storm sewer outlets to allow all of Second Avenue's sanitary and storm flows to go to Maple Street. The construction of Third Avenue northerly has allowed for the disconnection of the following storm sewers from the combined sewer system: Existing 1500 mm storm sewer on Bridge Street storm sewer to Stanley Avenue removed Existing 1050 mm and 600 mm storm on Fourth Avenue The construction of First Avenue southerly has allowed for the disconnection of the existing 1050 mm storm sewer on Morrison Street from the combined sewer system. The removal of these storm sewer connections to the combined sewer system provided significantly reduced wet weather flows to the sanitary sewer system. In addition, the staging of the construction has allowed for the future abandonment of the old combined sewer servicing the Hamilton Street Second Avenue area crossing the CNR railway. Bob file: /C:\Documents and Settings \di202\Local Settings \Temp\XPGrpWise \488EFA7FDom... 7/29/2008 2007 NOT FUNDED LJ=N 2007 NOT FUNDED UNDER COMRIF ELM ST. MAPLE ST 2008? 200 >0 <o a_! 1 —j HAMILTON ST. HAM LEGEND 2007 ROAD co 0 0 N LION 2007 STORM SEWER 2007 WATERMAIN 2007 SANITARY SEWERS S i 2007 nemmem 2008 ROAD 2008 STORM SEWER 2008 WATERMAIN ?+•x; g 2008 SANITARY SEWERS 1.11 0 0 LU 0 z jt 0 3 2009 ROAD 2009 STORM SEWER 2009 WATERMAIN 2009 SANITARY SEWERS BUTT 'REY ST C of o„rr A r s (GA. provided +t) (6urc Wrs i«kCir ER COMRI ED ,v. {=7) 2011 ROAD 2011 STORM SEWER 2011 WATERMAIN gyaman 2011 SANITARY SEWER Niagara Falls Review Page 1 of 2 THE NIAGARA FALLS REVIEW 4801 Vate'tWay. Ninpara Fain, ON, 005 Petition makes a difference Posted 5 days ago Back Residents living in the area of Second Avenue near Bridge Street have circulated a petition asking city council and the Niagara Regional Police Service to start cracking down on those who are ignoring city bylaws or are involved in illegal activities. They also want to get some value for their tax dollars and would like to see some improvements in their immediate area. A copy of the petition has been sent to Mayor Ted Salci, some members of council, Niagara Regional Police Chief Wendy Southall, the city's bylaw department and The Niagara Falls Review The petition lists a number of issues residents want addressed including Why their street wasn't swept in the spring of 2007 or in 2008, why there have been no improvements to the sewer system on their street; no maintenance of the drains; large potholes; sidewalks that are in disrepair and have not been looked after since they were installed in the 1970s, car lots that have vehicles parked up to the sidewalk and are on city property; lots that contain many inoperable vehicles; poor snow removal during the winter months, a residence that has a second storey balcony where children play that has no railings, and a house where there appears to be blatant criminal activity with people coming and going at all hours of the day and night. Residents say some of the conditions that are being allowed to exist in their area of the city would not be tolerated by residents living in other areas of Niagara Falls. "However, our tax mill rate is the same and we feel we are paying for services we are not receiving," states the petition. it appears that the city doesn't place as much importance on enforcing bylaws on Bridge Street as it would on Fallsview or Thorold Stone Road or Montrose," the letter adds. Residents claim there has been a steady decline in the appearance of their area in the past seven or eight years. Mayor Ted Salci said the concerns from residents is being taken seriously Staff have investigated some of the issues and a report has been prepared that deals with some of those matters. The mayor has provided The Review with a copy of the three -page report. "A lot of construction has been taking place in that area," said Salci. "There has been a lot of sewer separations and there's additional reconstruction that will be taking place in 2009 that is all part of the development." The mayor said some residents might not realize the extent of the work that has been taking place because they might not see anything happening right in front of their own house. One block over on Third Avenue, work was recently completed and residents are now enjoying a newly paved street and new sidewalks. The construction of First Avenue southerly has allowed for the disconnection of the existing 1050 mm storm sewer on Morrison Street from the combined sewer system," said Salci The removal of these connections to the combined sewer system should help to eliminate any flooding in that area. A staff report says that on July 24, a road sweeper was sent to the area during the midnight shift, on that same day the catch basins were also cleaned and they will be monitored again in the spring A pothole in front of 4402 Second Ave., was filled May 9, but sank again and was refilled July 24 http:// www. niagarafallsreview .ca/PrintArticle.aspx ?e= 1139437 8/6/2008 Niagara Falls Review Page 2 of 2 The report says "given that this spot has sank twice we believe that there may be an issue with our sewer and we are having the area inspected by camera to see if this in fact is why the road is sinking in this spot." Once that inspection has been completed they will determine what needs to be done next. Some of the cracks in the sidewalk have now been repaired. A city crew carried out some of that work July 25 and returned Monday to complete it. The staff report says the patch work will make it safe until the sewer work in the area is completed and the walk is replaced Staff believes some of the damage to the sidewalk on Bridge Street may have been caused by large tractor trailer trucks pulling over off the road and parking on the walk to use a nearby convenience store One resident told me if that's the case, why is the sidewalk along Second Avenue right near that corner also cracked, when no tractor trailers park on that side. Sometimes people tell me there's no use complaining because nothing ever gets done That's true in many cases, but here is a perfect example that some things can get changed. They might be small steps, but they are steps in the right direction. By getting organized, documenting the problems, getting in touch with those who might be able to assist, all helps to get the ball rolling If the residents on Second Avenue near Bridge Street had not complained about some of their problems, I'm sure there would have been no rush to get the street sweeper in, the storm drains cleaned, the pot hole filled in, or the cracks in the sidewalk repaired. We will be keeping a close eye on some of the other items that are mentioned in the petition because they are serious and need to be corrected. At the top of that list, as far as I'm concerned, is the house that has the second storey balcony, where children have been seen playing, with no safety railings in place. That needs to be corrected immediately -no question. What needs fixing in your neighbourhood? We want to know Phone Tony Ricciuto at 905 358 -5711, ext. 1132 or e-mail Copyright 2008 Niagara Falls Review http:// www. magarafallsreview .ca/PrintArticle.aspx ?e= 1139437 8/6/2008 Augusi 18, 2008 L- 2008 -27 r His Worship Mayor Ted Salci -and Members of the Municipal Council City of Niagara Falls, Ontario Members RECOMMENDATION: BACKGROUND: Niagaraaalls Re: L- 2008 -27 Permanently Close and Declare Surplus Portion of Murray Street Our File No.: 2006 -274 That a portion of Murray Street located east of Finlay Avenue and west of Allendale Avenue "subject land and shown hatched on Attachment "1", be permanently closed and declared surplus, for purposes of the sale of same at a future date Legal Services has received a request to permanently close, declare surplus and convey the subject land which is an open road allowance located east of Finlay Avenue and west of Allendale Avenue. The request has been circulated to all City departments, public utilities and The Regional Municipality of Niagara, the result of which is that there are no objections to the subject land being permanently closed, declared surplus and conveyed to the abutting landowner, subject to easements being granted to Enbridge Gas, Niagara Peninsula Energy Inc Bell Canada, Cogeco, the Region and the City. It should be noted that any Offer to Purchase provided to the City should indicate that the proposed Purchaserwould be purchasing the subject land at grade, to a level below grade, as indicated on Plan SN104736, due to Ontario Hydro ownership of subsurface rights The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, followed with the declaration of surplus As such, it is our recommendation that the subject land be permanently closed and declared surplus A Report dealing with the proposed terms of the sale of the subject land will be presented for Council's consideration, at a later date anada L2E'6X�5 905 356 7521 s. wwwniagarafalls ca Working Together to Serve Our Community Corporate Services Department Legal Services August 18, 2008 Public notice of the permanent closure and declaration of surplus was given in the August 9, 2008 issue of the Niagara Falls Review in accordance with the City's By -law No 2003- 02 Staff has received a letter dated April 29, 2008 from Zeljko Holdings Ltd expressing an interest to purchase the lands It is their intention to combine these lands with those that they currently own immediately adjacent on the north side of the subject lands Staff has also received a letter dated June 25, 2008 from the chair of the Main and Ferry BIA supporting the closure and sale of these lands subject to the City directing the proceeds from the sale to the cost of street scaping on Main Street between Murray Street and Robinson Street. Based on all of the above, Staff is recommending that the subject land be declared permanently closed and declared surplus in anticipation of the sale of same Recommended by Approved by Respectfully submitted 6 :7(John MacDonald, Chief Administrative Officer K. Beaman /L. Banks Ken Beaman, City Solicitor 2 L- 2008 -27 K. E Burden, Execive Director of Corporate Services F(6/12/2008) Dean lorfida Re Fwd Murray Street Closure and Sale of Lands From: Geoff Holman To: Dean lorfida Date: 8/11/2008 7:13 PM Subject: Re: Fwd: Murray Street Closure and Sale of Surplus Lands Dean, Since the notice only expresses the City's intention to declare the property surplus we will have time to work out details regarding pedestrian access, easements etc. Please thank the resident for his input and I will make note of his comments. Original Message From: Dean lorfida Cc: Steve McGivney <smcgivney ©hotmail.com> To: Geoff Holman <gholman ©niagarafalls.ca> Cc: Lynne Banks <Ibanks ©niagarafalls.ca> Sent: 8/11/2008 3:30:01 PM Subject: Fwd: Murray Street Closure and Sale of Surplus Lands Geoff: The public notice related to the matter above was posted in Saturday's paper. Mr. McGivney is wanting to ensure that the existing sidewalk connection to Main Street is preserved for the usage of pedestrians and bicyclists. Is the preservation of the sidewalk contemplated? Let us know. Thanks Dean Steve McGivney <smcgivney ©hotmail.com> 8/11/2008 3:24 PM In response to the City's public notice of the proposed permanently close and declare surplus of certain roads of part Murray Street as advertised on August 9th in the Niagara Falls Review, I wish to communicate to Council that: Firstly, I support the permanent closure. Secondly, I am agreeable to the sale of surplus lands provided the existing sidewalk connection to Main Street is preserved for the usage of pedestrians and bicyclists. Best regards, Steve McGivney 5835 Murray Street, Niagara Fa1Is905- 358 -5859 August 18, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: L- 2008 -28 Declare Surplus and Offer for Sale Lane North of Detenbeck Road Our File No. 2007 -219 RECOMMENDATION: BACKGROUND: Niagar a11s Working Together to Serve Our Community L- 2008 -28 1. That the lane located north of Detenbeck Road "subject land shown hatched on Appendix "1" attached hereto, be declared surplus and offered for sale 2. That Council approve the Agreement of Purchase and Sale between the City and Francis Haffey Clarke and Cathy Renee Clarke attached to this Report as Appendix 3 That Council approve the Agreement of Purchase and Sale between the City and Andrew Thomas Colavecchia and Angela Maria Colavecchia attached to this Report as Appendix "3 4 That the Mayor and Clerk be authorized to execute the aforementioned Agreements of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. Legal Services has received a request to declare surplus and convey the subject land which is a stopped up and closed road allowance located north of Detenbeck Road The request has been circulated to all City departments, the result of which is that there are no objections to the subject land being declared surplus and conveyed to the abutting landowners. hagara Falls, ON, Canada L2E 6X5; 905 7521 `;wwwniagarafall3 ca Corporate Services Department Legal Services August 18, 2008 Public notice of the declaration of surplus was given in the August 9, 2008, issue of the Niagara Falls Review in accordance with the City's By -law No 2003 -02 By way of background, Staff advises that on December 5, 1967, the Council of the former Township of Willoughby passed By -law No 447 -67, a copy of which is attached hereto as Appendix "4 declaring the subject land to be stopped up and closed, and that it be conveyed to such persons as may be designated by resolution of Council Attached as Appendix "5" is a copy of Report L- 2008 -07 which was presented to Council on February 11, 2008 The said Report was for the information of Council only, as, at that time, only one of the two sets of abutting land owners, Francis Haffey Clarke and Cathy Renee Clarke "Clarke wished to purchase the portion of the lane adjacent to their property The second set of abutting land owners, Andrew Thomas Colavecchia and Angela Maria Colavecchia "Colavecchia have reconsidered their position and are now interested in acquiring that portion of the subject land adjacent to their property. The Clarke and Colavecchia lands abutting the subject property vary in size from 1 5 acres to 1 3 acres If the surplus road allowance is conveyed to the abutting owners, the result would be an increase in lots sizes to 1 78 acres and 1 5 acres, respectively The addition of the surplus road allowance does not enhance, in any measurable way, the utility of either property. With respect to the Clarke Agreement of Purchase and Sale, the purchase price is $1,500 00 and represents the City's costs associated with completing the conveyance The Agreement of Purchase and Sale sets out that the transaction will close on September 15, 2008. With respect to the Colavecchia Agreement of Purchase and Sale, the purchase price is $1,000.00 and represents the City's costs associated with completing the conveyance The Agreement of Purchase and Sale sets out that the transaction will also close on September 15, 2008 Based on all of the above, Staff is recommending that the subject and be declared surplus and offered for sale to Clarke and Colavecchia as set out in their respective Agreements of Purchase and Sale Recommended by: K. Beaman /J Heathers en Beaman, City Solicitor 2 L- 2008 -28 Approved by l �y� G-Av K. E Burden, Exec ve Director of Corporate Services Respectfully submitted John MacDonald, Chief Administrative Officer 4. TERANEi' 0 16 32 48 64 APPENDIX Imo' 80 96 metres Jun 11, 2008 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only This is not a Plan of Survey For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre. 1- 800 208 -5263 (Toronto: 416 360 -1190) PURCHASER, Francis Haffey Clarke and Cathy Renee Clarke agrees to purchase from VENDOR The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address portion of Road Allowance adjacent to 2701 Detenbeck Road, and legally described as that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, abutting the land of the Purchaser, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "B" attached (the "property PURCHASE PRICE One Thousand Five Hundred Dollars (CDN$ $1,500.00 DEPOSIT Purchaser submits One Hundred Fifty Dollars (CDNS 150.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion Purchaser agrees to pay the balance as follows The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments SCHEDULES) "A" and "B" attached hereto forms(s) part of this Agreement 1 CHATTELS INCLUDED N/A 2 FIXTURES EXCLUDED N/A APPENDIX "2 AGREEMENT OF PURCHASE AND SALE 3 RENTAL ITEMS The following equipment is rented and not included in the Purchase Price N/A 4 IRREVOCABILITY This Offer shall be irrevocable by the Purchaser until 9;30 p m on the 31" day of July, 2008, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest 5 COMPLETION DATE This Agreement shall be completed by no later than 5 00 p m. on the 15" day of September, 2008 Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement 6 NOTICES Any notice relating hereto or provided for herein shall be in writing This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number FAX NO (905) 371 2892 (for delivery or "ou,., co ve on FAX NO rror deliver w oo.,..o re mrrn.,<a 7 GST If this transaction is subject to Goods and Services Tax (G S T then such tax shall be in addition to the Purchase Price If this transaction is not subject to G S T Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G S T 8 TITLE SEARCH Purchaser shall be allowed until 6 00 p m on or before the 15" day of July, 2008 (Requisition Date) to examine the title to the property at his own expense and until the earlier of (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; Iii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use(vacant rural residential) may be lawfully continued and that the principal building may be insured against risk of fire Vendor hereby consents to the municipality or other governmental agencies releasing to purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require 9 FUTURE USE Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement 10 TITLE Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property 11 DOCUMENTS AND DISCHARGE Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion 12 INSPECTION Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor 13 INSURANCE All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion 14 PLANNING ACT This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion 15 DOCUMENT PREPARATION The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R S 0 1990 16 RESIDENCY Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada 11 ADJUSTMENTS Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser 18 TIME LINTS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard 19 TENDER Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion Money may be tendered by bank draft or cheque certified by a Chartered Hank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire 20 FAMILY LAW ACT Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R S 0 1990 unless Vendor's spouse has executed the consent hereinafter provided 21 UFFI Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction 22 CONSUMER REPORTS The Purchaser is hereby notified that a consumer report containing credit and /or personal information maybe referred to in connection with this transaction 23 AGREEMENT IN WRITING If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein This Agreement shall be read with all changes of gender or number required by the context 24 SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein DATED AT /1//a9G�jJ aer this SIGNED, SEALED AND DELIVERED in the presence of my hand and seal I, the Undersigned Vendor, agree to the above Offer a.m /p m. this day of day of 20 V .,to Francis Haffey Clarke athy Renee Clarke IN WITNESS whereof I have hereunto set DATE ;sea li DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal THE CORPORATION OF THE CITY OF NIAGARA FALLS i•��e R.T (Ted) Salci, Mayor DATE (Seal Dean Iorfida, City Clerk (Sean DATE l5eall DATE CONFIRMATION OF EXECUTION Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at ,Sipna cure; 2 008 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer THE CORPORATION OF THE CITY OF NIAGARA FALLS R T (Ted) Salci, Mayor DATE DATE DATE DATE Dean Iort da, City Clerk Address for Service Address for Service The Corporation of the City of Niagara Falls 4310 Oueen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel No (905)356 -7521 Tel No Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address Address The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L21 6X5 (905)356 -7521, ext. 4242 (905)371 -2892 Tel No FAX No Tel No FAX No SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE PURCHASER. Francis Haffey Clarke and Cathy Renee Clarke VENDOR. The Corporation of the City of Niagara Falls 1 It is understood and agreed that the land to be conveyed herein is subject to a Survey to be prepared at the expense of the Vendor (the City) In the event that the land to be conveyed is more or less than 0.28 acres, the Purchase Price will not be adjusted. 2. It is understood and agreed that the Purchaser will pay their own legal costs in connection with this transaction. 3 It is understood and agreed that this Agreement is subject to the simultaneous completion of an Agreement wherein the owners of the property municipally known as 11415 Niagara River Parkway have agreed to purchase that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, which abuts the property located at 11415 Niagara River Parkway 4 It is understood and agreed that the land to be conveyed herein will be consolidated with abutting land owned by the Purchaser 5 It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council. c510 1Pe M en E LEGEND ROUND IRON BARS 3/3" DIA. IRON BARS 5/8" x 24" STANDARD IRON BARS CONCRETE MONUMENTS IRON TUBES CUT CROSSES SHORT STANDARD IRON BARS FOUND SURVEY EVIDENCE (7/1T) DENOTES WITNESSES NIAGARA -c a INS T. 04' 63 00(0.E you T4.C4. 0.x.2) SHOWN THUS -1i0p SHOWN THUS G L SHOWN THUS "c6r'.c 540 /2N THUS SHOWN THUS SHOWN THUS SHOWN THIU5 SHOWN THUS O- ,•sa 78% QVEPHEAO TCLEPH°N r WAEe s518 18 L 79'.O replaced 150 15 L1=D-.0=2 G 282.2 ..N_.__3' _3.9'..._. £_...!!(?':a_'s erei m N0. 6111 U9491J 282' 02 100' 0 J I I 5 C ncss!gn *pro N O D to 2 /0V 0 1154!5....1/e i ._tired E (!ee'r/W NS r, 1Be SIB NO. BEARING NOTE BEARINGS ORE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT OF DETENBECK ROAD AS DESCRIBED HAVING A SEARING OF 686•257/ IN INSTRUMENT NUMBERS 53313 S 429665 CAUTION' THIS PLAN IS NOT A PLAN OF 0lIQIIIVIC`1/l5J WITNIN TI-IF NFAtJINIr. 720 TI ti Vile 69 -226 Doled August 8, 19691 aDY 1 DATE: J97VO0/ 2 198 279'3 INS N 0- 557. L T L E LJ 2 429865 14 0202dy) DE %F�/�3ECK..._re 374'.25 P0A0 ALLOWANCE BETWEEN 840 FEU FRONT CCNCE4510 /I IAAGARA RIVER L CONCESSION ONE \CLOSED OY TOWNSHP 07 WLLOUGHSY BY LAW 155 tar r,Jted 0 DLLLF11 HUmbeF 02501 SURVEYOR'S CERTIFICATE 1 CERTIFY THAT 1 THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THERE- UNDER, 2. THE SURVEY WAS COMPLETED ON THE DAY OF JANUARY 1969 1 ANDREW CAMERON Ontario Land Surveyor MATTHEWS CAMERON LTD. J OHN LOOYESTEIN 65BI ((9 521 cl 0 River 18a 11o9 er0 Rve/ P075975 U1PC1 I F Con, Non. .83 G2 PEHCeet �NE� s.w CORNER LOT 11, OFCiTe NAND REGISTRAR FOR THE REG,ISTRY DIVISION OF NI0GARA SOUTH 1 T B 0 a ..0 PLAN OF SURVEY OF PART OF TOMSHIP LOT I I BROKEN FRONT CONCESSION NIAGARA RIVER TownahIp of Willoughby now In tho CITY OF NJlL3 GACaA I=LLS 499:05ol AIunl.crpollly of 51420(0 ANDREW CAMERON O.L.S. APPENDIX IP AGREEMENT OF PURCHASE AND SALE PURCHASER, Andrew Thomas Colavecchia and Angela Maria Colavecchia, agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY Address portion of Road Allowance adjacent to 11415 Niagara River Parkway, and legally described as that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, abutting the land of the Purchaser, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "B" attached (the "property PURCHASE PRICE One Thousand Dollars (CDN$ $1,000.00 DEPOSIT Purchaser submits One Hundred Dollars (CDN$ 100.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion Purchaser agrees to pay the balance as follows The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments SCHEDULE(S) "A" and "0" attached hereto forms(s) part of this Agreement 1 CHATTELS INCLUDED N/A 2 FIXTURES EXCLUDED N/A 3 RENTAL ITEMS The following equipment is rented and not included in the Purchase Price N/A 9 IRREVOCABILITY This Offer shall be irrevocable by the Purchaser until 9.30 p m on the 31" day of July, 2008, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest 5 COMPLETION DATE This Agreement shall be completed by no later than 5 00 p m on the 15" day of September, 2008 Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement 6 NOTICES Any notice relating hereto or provided for herein shall be in writing This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address tor service provided herein or where a facsimile number is provided herein, when transmitted electronically to that facsimile number FAX NO (905) 371 -2892 n,, dr or nnu« co wzndn,FAX NO !far drl,<rl er no„«, <n Pn,rn..zn 7 GST If this transaction is subject to Goods and Services Tax (0 S T then such tax shall be in addition to the Purchase Price If this transaction is not subject to (included ,n /,n ndd, [al G S T Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G S T 8 TITLE SEARCH Purchaser shall be allowed until 6 00 p m on or before the 15" day of August, 2008 (Requisition Date) to examine the title to the property at his own expense and until the earlier of (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use(vecant rural residential) may be lawfully continued and that the principal building may be insured against risk of fire Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require 9 FUTURE USE Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement 10 TITLE Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (al any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such ha been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materiall, affect the present use of the property If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficient'- notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing t vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations rn respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property 11 DOCUMENTS AND DISCHARGE Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together ,with a direction executed by vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion 12 INSPECTION Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor 13 INSURANCE All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase No insurance shall be transferred on completion If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion 14 PLANNING ACT This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion 15 DOCUMENT PREPARATION The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R S 0 1990 16 RESIDENCY Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada 17 ADJUSTMENTS Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser 18 TIME LIMITS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter pro for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard 19 TENDER Any tender of documents or money hereunder may be made upon "endor or Purchaser or their respective lawyers on the day set for completion Hone, may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or. Caisse Populaire 20 FAMILY LAW ACT Vendor warrants that spousal consent is not necessar -y to this transaction under the provisions of the Family Law Act, R S 0 1990 unless '-endor's spouse has executed the consent hereinafter provided 21 UFFI Vendor represents and warrants to Purchaser that during the time vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction 22 CONSUMER REPORTS The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction 23 AGREEMENT IN WRITING If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein This Agreement shall be read with all changes of gender or number required by the context 24 SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein DATED AT this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seat 1, the Undersigned Vendor agree to the above Offer DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal a m /p m this day of 20 at}e(r.4 ,u, n,- Andrew Thomas Colavecchia (se) Jeo,h.,e, Angela Maria Colavecchia Iseau THE CORPORATION OF THE CITY OF NIAGARA FALLS ,,.,:earl R T (Ted) Salci, Mayor n, a.0 Dean Iorfida, City Clerk DATE Beall DATE !Seal) CONFIRMATION OF EXECUTION Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer THE CORPORATION OF THE CITY OF NIAGARA FALLS R T (Ted) Salci, Mayor •rn,.,wi,„ Dean Iorfide, City Clerk Address for Service The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls Ontario, L2E 6X5 Tel No (905)356 -7521 Vendor's Lawyer Kenneth L. Beaman Address The Corporation of the City of Niagara Falls 9310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 (905)356 -7521, ext. 4242 (905)371 -2892 Tel No FAX No DATE DATE DATE DATE Address for Service Tel No Purchaser's Lawyer Address Tel No FAX No SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE PURCHASER Andrew Thomas Colavecchia and Angela Maria Colavecchia VENDOR The Corporation of the City of Niagara Falls I 0 is understood and agreed that the land to be conveyed herein is subject to a Survey to be prepared at the expense of the Vendor (the City) In the event that the land to be conveyed is more or less than 0 21 acres, the Purchase Pnce will not be adjusted. 2 It is understood and agreed that the Purchaser will pay their own legal costs in connection with this transaction. 3 It is understood and agreed that this Agreement is subject to the simultaneous completion of an Agreement wherein the owners of the property municipally known as 2703 Detenbeck Road have agreed to purchase that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, which abuts the property located at 2703 Detenbeck Road 4 It is understood and agreed that the and to be conveyed herein will be consolidated with abutting land owned by the Purchaser 5 It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council 8 103 10 65 63 N 51013. 91111 5 I m 1eo art ICI 78'.3 i WvSEAO 24 5? ONE 55■8 5518 IAE GmL.52S 0 28f.2 7 9' 0 I a19° o \1 .un i9 r 2 /vo..e /-34 .1Y INS r ofG /9, /O, >s- o2A)A/ i iz!/EO O /S o. 2/ 3 0 2 2 p CI Lim 7. 0 XI LEGEND n`�, SOUND IRON BARS 3/4" 014, IRON BARS 5/8" x 24" STANDARD IRON BARS CONCRETE MONUMENTS 1ROIJ TUBES CUT CROSSES SHORT STANDARD IRON BARS FOUND SURVEY EVIDENCE (WIT\ DENOTES WITNESSES 6\19AGAR 1 P0.171 1-01 11, N 30 Vl SHOWN THUS SHOWN THUS SHOWN THUS 5H01.24 THUS 5HO1'(N THUS SHOWN THUS 5H054N THUS SHOWN THUS 0 INS m NO 510 05491 J 252 02 BEARING NOTE F s Cncess/n N 14 J v m "Ti 20 15 0 A ROA0 ALLOWANCE BETWEEN CLOSED 0Y TOW8510. 08 W6 ♦•1 ro 519 0 eitsvivekvaintwasmaimmlawennwasif BEARINGS ARE ASTRONOMIC ANC ARE REFERRED TO THE NORTHERLY LIMIT OF DETENBECK ROAD AS DESCRIBED HAVING A BEARING OF 586•257'/ IN INSTRUMENT NUMBERS 53314 429865 CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE 2 u VAC 5, 04 Vowa ..upusv o, 001 429565 (secon0y). 279'3 EN 650711 CCIICESS101I l4AGAR0 RIVER 1 CONCESSIO UGH9? B8 -LAW 155 :a r..1,11,1 0.00.11 Nunxv 02,01 Niagara Plver INS r N0. 562 0=D=QT 2 0HE 374'.2 65810 27d.3 OEi D/V/3 f "FD SURVEYOR'S CERTIFICATE CERTIFY THAT I THIS SURVEY AND TH15 PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT 4NQ THE REGISTRY ACT AND THE REGULA7 /015 /410E THERE' UNDER. 2. THE SURVEY WAS COMPLETED ON THE DAY OF JGNUARY DATE. Jc ^vary 23, 1989 1989 /1 ANDREW CAMERON Onlalio L0nd Survoyor MATTHEWS CAMERON LTD. JOHN LdOYESTEIN 10 hl N z L 'LAUD REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH NIogSIa 8N61 POfkway II 0 COT 0. EF 01 0 C°nc. Hen. VIPCI —F1aT'S1'3r3 -E-7 S.W CORNER LOT' 11, BFCI.lR y 655' 45 1500 U 0 02 2 w PLAN OF SURVEY OF PART OF T01'JiNSHIP LOT II BROKEN FRONT CONCESSION NIAGARA RIVER Township of Willoughby (1c, Ir the CITY OF NIAGARA Roplonol Alvnlcl pal,lr 0/ N1o0 ANDREW CAMERON 0 L.5. set out in the APPENDIX 8-66 THE THE CORPORATION OF THE COUNTY OF WELLAND same is hereby confirrrcd. BY -L V/ NUMBER 3576 (1968) Being a by -law to confirm By-Law Number 4 of the Corporation of the Township of Willoughby to stop up and convey the unopened road allowance: between Concession 1 N,h. and l3roken Front Concession .1:., and being more particularly described in the said by -law. WHEREAS By -Law Number 447 -67 for the Township of V. illoughby was finally gassed by the ;.ouncil of the said Township on the 5th day of December, 1967 as appears by a certified copy of the said by -law on file in the office of the Clerk of this Council. AND WHEREAS the Council of the said Township has made application to this Council to confirm the said by -law, as re by the provisions of The 2\1unicipal Act, x S. O. 1960, Chapter 249, Section 459. N1) HET. LAS no objection has been made to this Council to the confirmation of the said by -law, and it is expedient that the said by- lava be confirmed. BE IT THEI\EFORE ENACTED by the Council of the Gor- poration of the County of ellanu. »:D IT 15 i.51 ENACTED as follows: 1. That By-Law 1`umber •-17 -67 of the Corporation of the Tow:Isnip of 1r illou,hby passed by the ;,ouncil of the said Township on the 5th day of 0 2c2:nber, 1967, providing for the stooping up and conveying of the unopened road allowance between Gonceaeion 1 1\ .i,. and broken front Concession N.1 in the said Towns more particularly described and as said by-law. a copy of which is hereunto annexed, be and the I ACTED this 2lsday of 1' arch, A D. 1968. L/ I ,J V,`AFDEN BY -LAW NUMBER 447 -67 A BY -LAW TO AUTHORIZE THE STOPPING UP AND CONVEYING OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 1, N.R. AND BROKEN FRONT CONCESSION N.R. WHEREAS it is provided in Section 459 of the Ontario Municipal Act, R.S.O. 1960, Chapter 249, that Council may pass by- laws for stopping up any highway or part of a highway and may lease or sell the soil and freehold of the stopped up highway or part of a highway. AND WHEREAS notice of Council's proposed By -law to stop up and cony part of the original allowance for road between Lots 5 and 6, Concession 1 and Lots 5 and 6, Broken Front Concession N.R; Part of the original allowance for road between Lot 8, Con- cession 1 and Lot 8, Broken Front Concession N.R.: Part of the original allowance for road between Lots 9 10, Concession 1 and Lots 9 and 10 Broken Front Concession N.R. and Part of the original allowance for road between Lots 11 and 12, Concession 1 and Lots 11 and 12 Broken Front Concession N.R., has been duly published and posted as required by the said Municipal Act; AND WHEREAS no one has appeared before Council, pursuant to the said publication and posting to oppose the stopping up and conveying of the said unopened road allowance; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WILLOUGHBY ENACTS AS FOLLOWS: 1. THAT the unopened road allowance between Concession'1 N.R. and Broken Front Concession N.R. in the said Township and which said parcel is more particularly described as follows:- FIRSTLY: COMMENCING at the Southeasterly angle of Lot 5, Concession 1 N.R.; THENCE Northerly along the Easterly limits of Lots 6 and 5 in Concession 1 N.R., 2640 feet more or less to the North- easterly angle of Lot 6; THENCE Easterly in a straight line 66 feet more or less to the Northwesterly angle of Lot 6, Broken Front Concession N.R.; THENCE Southerly along the Westerly limits of Lots 5 and 6, Broken Front Concession N.R. 2640 feet more or less to the Southwesterly angle of Lot 5; THENCE Westerly in a straight line, 66 feet more or less to the place of Commencement; SECONDLY: Part of the original allowance for road between Concession 1 N.R. and Broken Front Concession N.R. in said Township and which said parcel is more particularly described as follows:- J q. COMMENCING at the Southeasterly angle of Lot 8, Concession 1 N.R.; THENCE Northerly along the Easterly limit of Lot 8, 1320 feet more or less to the Northeasterly angle of the said lot; THENCE Easterly in a straight line, 66 feet more or less to the Northwesterly angle of Lot 8 Broken Front Concession N.R.; THENCE Southerly along the Westerly limit of Lot 8, Broken Front Concession N.R. 1320 feet more or less to the Southwesterly angle of the said lot; THENCE Westerly in a straight line, 66 feet more or less to the place of Commencement. THIRDLY: 2 Part of the original allowance for road betweeen Concession 1 N.R. and Broken Front Concession N.R. in said Township and which said parcel is more particularly described as follows: COMMENCING at the Southeasterly angle of Lot 9, Concession 1 N.R THENCE Nnrr,erly along the Easterly limits of Lots 9 and 10 Con- cession 1 N.R. 2640 feet more or less to the Northeasterly angle of Lot 10; THENCE Easterly in a straight line 66 feet more or less to the Northwesterly angle of Lot 10 Broken Front Concession N.R.: THENCE Southerly along the Westerly limits of Lots 10 and 9 Broken Front Concession N.R., 2640 feet more or less to the South- westerly angle of Lot 9; THENCE Westerly in a straight line, 66 feet more or less to the place of Commencement. FOURTHLY: Part of the original allowance for road between Concession 1 N.R. and Broken Front Concession N.R. in said Township a.nd which said parcel is more particulary described as follows: COMMENCING at the Southeasterly angle of Lot 11 Concession 1 N.R.; THENCE Northerly along the Easterly limits of Lots 11 and 12 Concession 1 N.R., 2640 feet more or less to the Northeasterly angle of Lot 12; THENCE Easterly in a straight line, 66 feet more or less to the northwesterly angle of Lot 12, Broken Front Concession N.R.; THENCE Southerly along the Westerly limit of Lots 12 and 11 Broken Front Concession N.R.; 2640 feet more or less to the Southwesterly angle of Lot 11; THENCE Westerly in a straight line 66 feet more or less to the place of commencement. THE ABOVE parcels of land are futther shown outlined in green on a print of a plan signed by J. Edward Lanthier, 0.L.S. dated September 7, 1967, and attached hereto; BE AND THE SAME ARE HEREBY STOPPED UP AND CLOSED. 2. THAT the same be conveyed to such persons as may be designated by resolution of Council READ A FIRST AND SECOND TIt•lE IN COUNCIL THIS FIFTH DAY OF DECEMBER, 1967. READ A THIRD TIME AND FINALLY PASSED THIS EIGHTEENTH DAY OF DECEMBER, 1967. RFrEVE 3 I.1. t 0 w U z; O U 4. J J w 4 4 3 w w 0 h I- s. .i Q J r' J 4 4 4 l i' r. 4 a v a a v a 0 Q 0 4 N Q 4 W l O w LD 4 a C Z Z N Z w z 4 0 4 Z a u w 4 SEiFERT ROAD ALLOWANCE GET W£EN LO 5 1 AND 5 ROAD RIO LAND RVEYOR tre PLAN SHOWING PT. OF UNOPENED ROAD ALLOWANCE BET. BROKEN FRONT CONCESSION N.R. AND CONCESSION 4 N.R. TOWNSHIP OF WILLOUGHBY COUNTY OF W ELLAND J. EDWARD LANTI-UER O.L.S. 173 CLARENCE ST. PORT COLBORNE SCALE t M.= 500 FT SEPT."). t967 S -634 ii 0 lA OAD 1 A 4LL OWANCE 0.. 8053 LOT I to 0ARA IRA FALLS 5 (CANJLTD .ARA FALLS 5 (CAN )LTD, ti o N POWE J. TEAL J. TEAL el 2 O 0 x Pi x 0 NIAGAR i N COMPAN 7 r CLOSED 8Y REG. PLAN L '^e —r W. HENOERSON t w. HENDER3ON L r N 1,- J BETWEEN 0 o pi 10 L I CONCE5310N5 j ryq 9 t i 1 NIAGARA 1 FALLS ESTATES NIAGARA FALLS ESTATES .)r w e 1 r N(AGARq 1 J 'LI- 7 F 1L I FALLS N. F17 NIAGARA 1 -r a cArit'P' AND ESTATES CAN.) LTD :ES ANO FALLS ESTATES CAN LTD. s _JIL 2 N Ft. 3 roAGA J tJBI R. L I CCINZE'S STC)N 14 1 I A A s T 1 I POV I I 1 NIAGARA FALLS ESTATES lCAN-ILTO iAGAIall FALLS ESTATES ICAN) LTD. A c omPA N 1 RIVER 120AD 4 0 0. DONALD D. DONALD A 1 r I NI. SI. 0 ,n 0 .0 t L..... 1 BY -LAW NUMBER 447 67 DATED): December 5th, A.D. 1967. A BY-LAW TO AUTHORIZE THE STOPPING UPAND CONVEYING OF THE UNOPENED ROAULALLOWAIICE BETWEEN CONCESSION I, N.R. AND BROKEN FRONT C O N C E S S I O N N.R. FAKER 8 SWAYZE tnrristers 8 Solicitors. 50 Division Street, Welland, Ontario. TRB: nc 44 1.);\ TE;u: c 1/ L} c l968. I! Y -L-< (1968) CERTIFY that the within instrument N Registered in the. Registry Office for the Registry Division of the Count', Wetland at ../454. ihe... day of JUN 19E8 Number./.? February 11, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members RECOMMENDATION: For the information of Council BACKGROUND: 7 PPENDIX "S NiagararalIs, CAN'A DA Re: L- 2008 -07 Clarke proposed purchase from the City City -owned land abutting 2703 Detenbeck Road Our File No. 2007 -219 L- 2008 -07 The recommendation(s) contained in this report were adopted by City Council On June 12, 2007, the Legal Services department received a request from Cathy Clarke, 2703 Detenbeck Road, to purchase the property known as Part 2 on Plan 59R -6229 "subject lands The parcel is one -half of a closed road allowance that is the remainder of a transaction which took place in 1968 between the Township of Willoughby and the owner of the property that abuts the former road allowance on the opposite side from the Clarkes. At that time, the road allowance was closed, divided down the middle and offered to the neighbouring owners. The predecessors to the Clarkes and the owners of the property which abuts the Clarkes to the north, declined to purchase those parts of the closed road allowance which abutted their lands. The City of Niagara Falls tried to convey the subject lands to the abutting owners in 1987 and was unsuccessful The Clarkes were not the owners of 2703 Detenbeck Road at that time. The City's Law Clerk responded to the Clarke offer by letter dated June 18, 2007, copy attached as Attachment "1" hereto She then undertook a circulation of City departments, as required by the City's land sale policy. The requests for comments were sent out by the Law Clerk on June 18, 2007 Final comment from Staff was received August 22, 2007. It became apparent that the City could not accommodate the Clarkes without creating an isolated parcel. The isolated parcel would consist of that part of the subject lands which does not abut the Clarke holding and abuts 11415 Niagara River Parkway, at the rear (west). The City would end up .being the owner of a parcel of land to which it would not have access. Working Together to Serve Our Community Corporate Services Department Legal Services February 11, 2008 The Law Clerk then attempted to contact the owners of 11415 Niagara River Parkway to see if they were interested in acquiring the part of the subject lands that did not abut the Clarkes' property This letter was sent August 24, 2007 Having not received a response, she then sent a letter by registered mail to the owners of 11415 Niagara River Parkway on October 1, 2007 Having received no response to this second letter, on November 1, 2007, she then wrote to Mr. and Mrs Clarke advising them that the City would not be prepared to convey the subject lands, in the circumstances The Clarkes wrote again indicating that they believe that the City should convey the and that they wish to purchase. After further telephone conversations between the Law Clerk and Mr Clarke, the City Solicitor wrote to the Clarkes on December 19, 2007, indicating that it is the intention of the City Solicitor to request revisions to certain of the City's land management policies and that once these policies are revised, the situation of the subject lands will be revisited The Clarkes were given an estimate of June, 2008, as the time required to complete the necessary consultation The subject lands can be seen in Attachments "2" and "3" Recommended by: Approved by Respectfully submitted K. Beaman /sm Attachments Ken Beaman, City Solicitor t) 2 L- 2008 -07 urden, Acting Director of Corporat Services ez- MacDonald, Chief Adminis ative Officer Frank Clarke Cathy Clarke 2703 Detenbeck Road RR #3 Niagara Falls, ON L2E 6S6 Dear Mr Mrs Clarke Re: Clarke Proposed Purchase from the City City -owned land abutting 2703 Detenbeck Road Our File No.: 2007 -219 Your letter to Councillor Fisher dated June 8, 2007 regarding the purchase of City -owned land has been forwarded to me for action. I have circulated your request to various City departments for their comments, with a response deadline of July 9, 2007 Once I have received their comments I will contact you again to advise what the next step in the process is I would like to bnefly outline the procedure staff undertakes in response to any request to purchase City lands 1 City divisions are contacted and asked if the Land is required for municipal purposes or if it is surplus to the needs of the City 2 If the land is determined by staff to be required for City purposes, the proposed purchaser will be advised, in writing, that staff cannot recommend to Council the disposal of the land 3 If the land is deteiiiiined by staff to be surplus it may be recommended to Council that the land be declared surplus and sold It will be at Council's discretion to deteiniine as to how the land will be sold Council may sell the land by any of the following methods direct sale, public tender; land exchange, peen S tteet, -P0 Box 1023, Niagara Falls, anada 12E X5 905 3567521 call for pr Niagaraaa11s C A\ a D A June 18, 2007 Working Together to Serve Our Community Corporate Services Department Legal Services Ext 5209 Fax 905 371 -2892 (banks @niagarafalls ca (e) public auction, (f) listing with a real estate agent, or by any combination of the above 4 Once the proposed purchaser has been determined, it will be necessary to obtain at least one appraisal from a qualified land appraiser of the fair market value of the land The cost of the appraisal will be at the expense of the proposed purchaser, unless othenvise determined by Council 5 Search title to land and order a reference plan, if necessary The cost of searching and obtaining a reference plan will be at the expense of the proposed purchaser, unless otherwise determined by Council 6 Give notice to the public of the proposed sale of the land. 7 Once the above has been completed we will require an Offer to Purchase, open for acceptance for sixty days together with a deposit, in the form of a certified cheque, in the amount of ten percent of the purchase pnce. 8 When we have received the Offer to Purchase, we will proceed to Council again for authorization to execute the Offer to Purchase Once the Offer has been accepted and executed, we will contact your solicitor to make final closing arrangements I hope this provides you with a bnef explanation of the City's policy with respect to the sale of City owned land If I can be of further assistance, please do not hesitate to contact me /lb c Councillor Shirley Fisher 2 Yours truly, Lynne Banks Law Clerk, Property TERANET Teravievr 0 3.0 7 6 114 152 190 228 metres Jun 13, 2007 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only This is not a Plan of Surw For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto 416- 360 -1190) C co cx Text Layers Road Names /IDs Addresses Li Property Outline South Imagery 2006 )==.0.1 100 0 SCALE 1 1,084 100 FEET 200 http. /nfweb city niagarafalls on ca. 8081 /gis /mwf /!nternal /int_zoning23 mwf Niagara Falls 300 N ATTACHMENT 3r Tuesday, August 21, 2007 4 24 PM August 18, 2008 MW- 2008 -50 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: MW- 2008 -50 Consultant Appointment Kalar Road Reconstruction Sanitary Sewer Replacement RECOMMENDATION: gararglls, That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Associated Engineering for the design of sanitary sewer replacement on Kalar Road from Beaver Glen Drive to Thorold Stone Road for the upset limit of $94,528 excluding GST. BACKGROUND: An Environmental Assessment was completed for this section of Kalar Road in August 2007. The preferred option was to replace the existing sanitary sewer with a larger sewer to provide added protection to the local homeowners during rainfall events that occur within a five -year period Staff recently completed the procedure to retain Professional Consulting Services for this project which was adopted by Council in 1994. This process is outlined in the Municipal Engineers /Consulting Engineers of Ontario Manual and is also utilized by the Niagara Region and the City of St. Catharines As well the Request for Proposals (RFP) was posted on the City's website for a two week period as a further means of advertisement. The RFP process scores the proposals on a point basis for various items such as technical expertise, similar experience, past performance records, work plan and cost factor. Each consultant submits their proposal in two envelops titled Project Proposal and Cost Estimate Confidential All proposals are initially reviewed and assessed based on non costs criteria. Subsequently, proposals are further scored incorporating costs. The proposal with the highest score total, which is not necessarily the lowest fee, is recommended for award of the project. Five (5) consulting firms submitted proposals to complete the detailed design for this project. The results of the evaluation and the project fees (excluding GST) are as follows; Working Together to Serve Our Community Community Services Department Municipal Works August 18, 2008 1. Associated Engineering 2. Delcan 3. Dillon Consulting 4. CH2M Hill 5. Upper Canada Consultants Based on the evaluation, staff is recommending that the City enter into a Consulting Services Agreement with Associated Engineering. This consultant has previously performed similar type of work for the City. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project The completion of this design and subsequent construction will provide a new sanitary sewer on Kalar Road that will adequately convey the anticipated stormwater and provide additional basement flooding protection to this area. It is expected that the design process, including all approvals, will be completed in 2008 with construction anticipated in early 2009. Financing: The funding for this contract was provided in the 2008 General Purpose Budget as a transfer to capital holding The expenditures for this project will be recorded as an expense in the Capital Fund (account #12- 3- 410019- 030000) Prepared by: Approved by: R.Volpini MW- 2008 -50 Consultant Appointment Sanitary Sewer Replacement.wpd 2 (St. Catharines) (Niagara Falls) (St Catharines) (St. Catharines) (St. Catharines) Geoff Holman, for �c of Municipal Works MW- 2008 -50 Point Score Fee (1,000 Max) 94,528 735 5 $123,763 685 0 $116,697 674.0 $207,910 661.0 Incomplete Bid Ed Dujlovic, Exe ive Director of Community Services Respectfully submitted: 6 6 4 John MacDonald, Chief Administrative Officer April 14, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara CANADA Re: MW- 2008 -21 Kalar Road Station Sanitary Service Area Environmental Assessment (EA) Project Status and Implementation Plan RECOMMENDATION: That Council adopts the implementation plan set out in this report. BACKGROUND: At its meeting on July 23, 2007, City Council adopted the recommendations set out in report MW- 2007 -87 dealing with the proposed solution addressing the chronic basement flooding problems experienced in the Kalar Road Pump Station Sanitary Service Area. Staff advertised a Notice of Study Completion as required by the Municipal Class Environmental Assessment Act. Council added an additional recommendation for staff to report on the cost estimates and implementation schedule for the works identified in the EA documents. The Minister of the Environment received two (2) Part 11 Order Requests (or "bump up" requests) from a local resident (Ms. Jean Grandoni) and a representative from PALS (Dr. John Backer) within the specified appeal period and has recently made the determination that, in both cases, an individual environmental assessment is NOT required. See attached letters received on March 5, 2008. The Kalar Road Pump Station Sanitary Service Area EA identified: 1. Conveyance system improvements replacement of the existing sanitary sewer on Kalar Road between Thorold Stone Road and Beaverdams Road (approximately $5.4 million); and /or, 2. Source control reduction program water conservation, foundation tile (weeping tile) disconnection, cross connection control, roof leader disconnection, lot grading education and manhole,rehabilitation programs. Working Together to Serve Our Community M W- 2008 -21 The recommendation(s) contained in this report were adopted by City Council Community Services Department i 0 N J 6 4310 t ad Q en ue Street PO Box 1023 N9 ia ara,Fails ON Canada 12E 6X5 905 w 356 :7521 ww:niagarafalls.ca 5 Y1., wt:� ,.7,: April 14, 2008 PROPOSED IMPLEMENTATION PLAN Funding Source: Funding Source: SOURCE CONTROL REDUCTION PROGRAMS 2 MW- 2008 -21 Conveyance System Improvements The sanitary sewer replacement on Kalar Road should be phased due to the scope of the project. i) Kaiar Road Sanitary Sewer Phase I (NS &T Line to Beaver Valley) Estimated Project Costs: 1. Engineering design and approvals 100,000.00 New trunk sanitary sewer construction $1,400,000.00 Total: $1,500,000.00 Capital Sewer $1,500,000.00 it is important to proceed with Phase I this year to provide immediate relief to those houses in the Lexington Court area. ii) Kalar Road Sanitary Sewer Phase II (NS &T Line to Thoroid Stone Road and along Shriners Creek) Estimated Project Costs: Engineering design and approvals 100,000.00 New trunk sanitary sewer construction $3,900,000.00 Total: $4,000,000.00 Capital Sewer $4,000,000 00 The second phase of construction should be rescheduled for 2010 or beyond which will allow staff the opportunity to coordinate these works with future roadway, storm drainage and watermain replacement works. a) Water Conservation Program this program will include an extensive education program coordinated with the Region of Niagara, details of the program are still under review and will be presented to City Council in May. b) Foundation Tile (Weeping Tile) Disconnection Program this program will provide cost incentives to residents to disconnect their foundation tile from the sanitary sewer. Staff is developing an aggressive mandatory disconnection by -law that is intended to come into effect by 2012 or sooner. The Region has committed funding of $375,000 over the next five years to help with this Citywide initiative. This program is expected to be rolled out o the public in June. April 14, 2008 c) Cross Section Study /Manhole Inspection Rehabilitation this program will be incorporated into the ongoing Service Delivery Review and will include regular inspection and preventive maintenance activities in area that are suspected of having excessive inflow /infiltration or are cross connected with the combined or sanitary sewer system. d) Roof Lead (Downspout) Disconnection /Lot Grading Program the current Downspout Disconnection Bylaw requires some review and updating Many private lot grading issues can be resolved by proper education and technical advice from staff. Details of these programs are still under review and are expected to be presented to Council in June. Given the proposed timing, staff is seeking Council's direction to advance the implementation of these works within the limitations of the approved budgets. Recommended by: Approved by: Respectfully submitted: Geoff Ho' man, [rector of Municipal Works Ed Dujlovic, John 3 MW- 2008 -21 Attach: SIREPORTS\2008 Reports\MW- 2008 -21 Kalar Road Pump Station Sanitary Service Area EA.wpd u l"ve Director of Community Services onald, Chief Administrative icer Project Description Opening Balance Jan 01 (surplus) deficit EXPENDITURES Engineering Fees Design Studies Land Building Fumiture Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework landscaping Contingency Other TOTAL EXPENDITURES FUNDING SOURCES Reserves /Reserve Funds Stabilization Program Specific Vehicle /Equipment Building/Facility Capital Corporate Development Charge Debt Other Debentures External Contributions Provincial /Federal Grants TOTAL FUNDING SOURCES Closing Balance Dec 31 (surplus) deficit Category 2 Capital Budget Financial Form Department Municipal Works CURRENT BUDGET Growth Project Name Kalar Road Kalar P.S. to Paddock Trail Drive Sanitary Sewer Replacement Lifecylce /On going L Project Project I.D. 551q- i z- 3 4 o or a I 03w° 0 New Initiatives YEAR 2007 YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011 YEAR 2012 01 0 0 0 0 0 1,535,000 1,535,000 465,000 465,000 2,000,000 2,000,000 1,500,000 1,500,000 0 0 1,535,000 1,535,000 465,000 465,000 2,000,000 2,000,000 1,500,000 1,500,000 0 0 0 0 0 0 Q:\2008 Budget \Capital Budget \Municipal Works12008 Reviewed Budget Files\Kalar Road Kalar PS to Paddock Trail Sanitary Completed.gpw ISE 23- Jul -08, 4:02:35 PM Kalar Road P.S. Sanitary Sewer Area Phasing Plan Phase 1 Phase 2 Property Parcels Hydro liarat- K: \GIS_Requests \2008 \Custom\ Internal \Mun Works \Kalar_sansewer.map August 18, 2008 PD- 2007 -72 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: PD- 2008 -72 Sidewalk Cafe Licence Agreement with the City SWC- 2008 -01, Monticello Grille Wine Bar 5645 Victoria Avenue RECOMMENDATION: That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with Gino Stranges to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of the Monticello Grille Wine Bar located at 5645 Victoria Avenue BACKGROUND: Gino Stranges has applied to the City to renew a Sidewalk Cafe Licence Agreement for a sidewalk cafe in front of Monticello Grille Wine Bar located at 5645 Victoria Avenue, as shown on Schedule 1 The Sidewalk Cafe Application has been reviewed by staff and is recommended for approval The licensed area is approximately 26 73 square metres and is shown hatched on Schedule 1 The licence fee for 2008 is $668 25 The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not Tess than $2,000,000 00 to cover himself and the City At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or if the City requires the lands for it's or another agency's purpose Each party must give 30 days written notice to terminate the licence Recommended by Approved by Respectfully submitted 66{ Niagara iAs, C A N A D 1 fi Alex Herlovitcj Director of Planning Development Ed Dujlovic, e tive Director of Community Services John MacDonald, Chief Administrative Officer A.Dilwaria:mb;,. Attach. S' \PDR12008 \PD- 2008 -72 Sidewalk Cafe Agreemennt- Monticello Grille Wine Bar, 5645 Victoria Avenue.wpd Working Together to Serve Our Community Community Services Department Planning Development PRoPoSED SIDEWALK. PATEo N c EL RESTAURANT 5045 VICTaR1 AVE USTALIRAN T- Re;■RA FALL5 oNT. r V VtCTQJ1A AVENUE ro 2 -o x -o TABL -ES co 2'ox2'c TABLES SEAT PLOT PLAN of THE FRONT of MOLT f C LLO 5IPEWALK PAT 1O SK1 August 18, 2008 PD- 2007 -73 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re: PD- 2008 -73 Sidewalk Cafe Licence Agreement with the City SWC- 2008 -03, Tarboosh Mediterranean Grill 5809 Victoria Avenue RECOMMENDATION: Niagaraa11s That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with Mr Shaukat Parekh to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of the Tarboosh Mediterranean Grill located at 5809 Victoria Avenue BACKGROUND: Mr Shaukat Parekh has applied to the City for a Sidewalk Cafe Licence Agreement for a sidewalk cafe in front of Tarboosh Mediterranean Grill located at 5809 Victoria Avenue, as shown on Schedule 1 The Sidewalk Cafe Application has been reviewed by staff and is recommended for approval The licensed area is approximately 7 74 square metres and is shown hatched on Schedule 1 The licence fee for 2008 is $193 50 The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000,00 to cover himself and the City At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or if the City requires the lands for it's or another agency's purpose Each party must give 30 days written notice to terminate the licence Recommended by' Approved by: Respectfully submitted A.Dilwaria:mb Attach. S: \PDR\2008 \PD- 2008.73 Sidewalk Cafe A.reeementSWC -03 TarboochMedGnll.wpd Alex Herlovitci, Director of Planning Development Ed Dujlovic, 6 John MacDonald, Chief Administrative Officer cutive Director of Community Services Working Together to Serve Our Community Community Services Department Planning Development 11 NOTE THIS SKETCH I5 NOT A PLAN OF SURVEY METRIC NOTE DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVI•ING BY 0.3048 DREW CAMERON Ontario Land Surveyor DATE: June 5, 2008 MATTHEWS, CAMERON, HEYWOOD a KERRY T, HOWE SURVEYING LTD, 5233 Stolllry bonus and j H ogaa Fob, Ontario t2E 7C2 Phona(905)358 -3G93 104904158 -8224 98 Church Sired, SI. Co1144nes, Orr lorio L18 3C3 Phone(9055)687 -3300 ww tbeeurveyore. en SCHEDULE 1 (114 FRONT OF PART OF LOT 85, PLAN 291) 1 File SKETCH TO ILLUSTRATE DESCRIPTION PART OF VICTORIA AVENUE, PLAN 1002 City of Niagara Falls MATTHEWS, CAMERON, HEYW00D KERRY T. HOWE SURVEYING LIMITED 1 0 1 2 3 METRES I 1 50 LLN 38470 o 0 510 :q ®Go August 18, 2008 TS- 2008 -47 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls Re: TS- 2008 -47 Specialized School Transportation Pilot Program With Chair -A -Van RECOMMENDATION: That this report be received for the information of the Committee BACKGROUND: In 2007, Council endorsed a pilot project, involving the supply of Chair -A -Van services directly to Michael's High School, for Special Needs Student Transportation. Following the completion of the 2007/2008 school year, Niagara Transit, Niagara Student Transportation Services, Niagara Chair -A -Van and Niagara Catholic District School Board staff (represented by Councillor Pietrangelo) met to discuss the initial year of the specialized service pilot program to transport special need's students to /from St. Michael's Secondary School. All parties agreed the service met its mandate to provide safe, reliable service to the students in a cost effective manner. Supported by the successful implementation of the first year of service, discussions have taken place to determine if there are any further opportunities within our community to provide specialized transportation assistance to students When the September enrollment is complete, Niagara Student Transportation Service staff will review their needs with Niagara Transit and Chair -A -Van staff in an effort to develop schedules to accommodate the needs of each institution. In the first year, Niagara Chair -A -Van established a fee of $47.65 per hour for the bus service plus $14.99 per hour for the student personal attendant who travels with the students at all times. Effective September 2008, to address the dramatic increase in fuel costs and the increase in wages, repairs, and overhead, the Chair -A -Van service requires $52.47 per hour for the service and $17.49 for the personal attendant. For the information of the Committee, during the past school year a total of 2,300 trips were provided to the students. These trips represented 757 hours of service over 185 days In addition to the se ice provided to the students attending St. Michael's, the bus ueen Street; Po Working Together to Serve Our Community Community Services Department g Tth t S O C i g Transportatioon Services August 18, 2008 2 TS- 2008 -47 has been utilized midday and evenings to transport other Chair -A -Van registrants throughout our community Thus, the addition of this bus to our fleet has allowed many other clients to enjoy their independence by enhancing the availability of scheduling time slots In conclusion, the program has been working extremely well and discussions with other institutions within our community will likely generate additional ridership in the coming school year The reasonable rate and dedicated, subscription time slots have provided St. Michael's Secondary School with safe, dependable transportation for their students, while the additional thirty -foot bus to the Chair -A -Van fleet has enhanced the availability of booking times for other registrants midday and evenings. Also, the larger vehicle with the ability to accommodate six wheelchairs, provides additional opportunities for charters of larger groups fl Recommended by Approved by: Respectfully submitted. Joh i acDonald, Chief Administrative Officer Karl Dren, Direct of Transportation Services Ed Du •vic, utive Director of Community Services D Stuart S: \General Administration \GA 1 01 Reports\2008 Council \08 Aug 18 \TS- 2008 -47 Specialized School Tranportation.wpd Working Together to Serve Our Community CIrtofo CANADA NI AGARA F The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Regional Municipality of Niagara (the "Region) is currently undertaking a growth management study, "Niagara 2031"; and WHEREAS the study will forecast and plan for population, housing and employment growth through to the year 2031; and WHEREAS in the third phase of the study, Options for Growth, three different scenarios for growth have been proposed; and WHEREAS Niagara Falls (the "City") is the second largest municipality in the Region, with a large supply of existing raw residential and industrial land; and WHEREAS our location, south of the Greenbelt and along the Queen Elizabeth Way (Q.E.W.), is ideally suited for the natural flow of growth in the Region; and WHEREAS of the three Options for Growth, Option "C" most closely corresponds to the high growth prediction's in the Municipal Comprehensive Review, undertaken for the City by the consultants, urbanMetrics; and WHEREAS Option "C" recognizes the role of the Q.E.W. as the major transportation route through Niagara; and WHEREAS Option "C" accommodates higher greenfield densities to meet the anticipated population growth projected for the City; and THEREFORE BE IT RESOLVED that the City of Niagara Falls identifies Option "C" as the preferred option for growth because it recognizes the City's capacity for growth, optimal location and utilization of existing infrastructure; and FURTHER BE IT RESOLVED that this resolution be forwarded to the Regional Municipality of Niagara. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the erection and use of a building on the property for an office, a clinic and dwelling units above the ground floor 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 R5A to NC and numbered 834, the land on the south side of Thorold Stone Road, between Confederation Avenue and St. James Avenue, being Pt Twp Lt 78 Stamford, Pt 3 59R12257; Pt Twp Lt 78 Stamford, Parts 4 6 59R12257, Niagara Falls and shown hatched and designated NC and numbered 834 on the plan Schedule 1, attached to forming part of this by -law. 2. Notwithstanding the provisions of sections 4.17.1, 4.27.1 and 8.1.1 and clauses (b), (c), (f), (g) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 834 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of an office, a clinic and dwelling units in a building in combination with one or more offices or clinics, provided that not more than 50% of the total floor area of such building is used for dwelling units and further provided that such dwelling units, except entrances thereto, are located entirely above the ground floor, and except in compliance with the following regulations. (a) Minimum lot area Minimum front yard depth Minimum rear yard depth Maximum lot coverage Maximum height (f) Pitched roof the whole of the land shown hatched and designated NC and numbered 834 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 5 metres 20 metres 20% 10 metres, including a pitched roof as required by clause (f) of this section and subject to section 4.7 of By -law No. 79 -200 the building shall have a pitched roof which has a height of not less than 2 4 metres above the top storey. The pitched roof shall not contain a place of occupancy (g) Maximum floor area 750 square metres, not including any basement or cellar areas dedicated to storage (h) Minimum landscaped open 30% of the lot area, which shall include the space landscape strips having the prescribed widths in the following locations, save and except for any driveways (i) along and adjacent to 5 metres the front lot line (ii) along and adjacent to 2 4 metres the rear lot line (i) Minimum fencing a 1.8 metre high closed board fence shall be erected along and adjacent to the rear lot line and along and adjacent to the westerly interior side lot line where adjacent to a parking area (j) All other provisions of By -law 79 -200 shall continue to apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.834 Passed this eighteenth day of August, 2008. First Reading: Second Reading: Third Reading; Notwithstanding the provisions of sections 4.17.1, 4.27.1 and 8 1.1 and clauses (b), (c), (f), (g), and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the south side of Thorold Stone Road, between Confederation Avenue and St. James Avenue, designated NC and numbered 834 on Sheet C3 of Schedule "A or erect or use any building or structure thereon, except for the purpose of an office, a clinic and dwelling units above the ground floor in combination with one or more offices or clinics, and except in compliance with By -law No. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR August 18, 2008 August 18, 2008 August 18, 2008 A. Bryce:la S \ZONMG\AMS\2008 \By- laws\Byam009 wpd 2 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land THOROLD STONE RD 19.5 m 5. 111111 INN= MEIN 1 i Description: Pt Twp Lt 78 Stamford, Pt 3 59R12257, Pt Twp Lt 78 Stamford, Parts 4 6 59R12257; Niagara Falls Applicant: 1108846 Ontario Limited Assessment #s: 272504001417900 K: \GIS_Requests \2008 \Schedules \Zon ingAM\AM- 09 \mapping:map Amending Zoning By -law No 79 -200 1.NTS AM- 2008 -009 July 2008 A by -law to provide for the approval of Amendment No. 84 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. 84 to the City of Niagara Falls Official Plan is hereby adopted. Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading. Second Reading: Third Reading: August 18, 2008 August 18, 2008 August 18, 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. 84 to the Official Plan of the City of Niagara Falls DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows 1 MAP CHANGE The "Area Affected by this Amendment shown on the map attached hereto, entitled "Map 1 to Amendment No. 84 shall be identified as Special Policy Area "58" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.58 SPECIAL POLICY AREA "58" Special Policy Area "58" applies to approximately 2,475 square metres of land located on the south side of Thorold Stone Road between Confederation Avenue and St. James Avenue. The land is designated Residential on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, Section 1.2, Residential, the property may be developed for a commercial building not exceeding a gross leasable floor area of 750 square metres. Commercial uses shall be limited to offices and clinics Integration with surrounding residential properties shall be achieved by implementing a building design with a residential character and pitched roof form and by providing generous areas of landscaped open space. The implementing zoning by -law shall include provisions addressing the maximum floor area of the uses, building height, minimum landscaped open space and fencing. Site plan control shall be used to implement a site design that mitigates impacts on surrounding properties and to implement high quality landscaping, fencing and buffering. S \OFFICIAL.PLN\AMEND \#84\BODY_84 wpd KAG1S_Aequesu\ 2008\ Schedules \ZoningAMWM -09\meppng.map MAP 1 TO AMENDMENT NO. 84 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA 58 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN I 1 RESIDENTIAL N 1.NTS NOTE: This schedule forms part of Amendment No. 84 to the Official Plan for the City of Niagara Falls AM- 2008 -009 and it must be read in conjunction with the written text. July 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to add a retail store as a permitted use and adjust the regulations that apply to the lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbenng 835, the land on the northeast corner of Stanley Avenue and McRae Street, being All of Lts 330, 331 332 P1307 Save Except Pts 4, 5 6 On 59R11727; S/T Ease As In R0282584, Niagara Falls and shown hatched and designated AS and numbered 835 on the plan Schedule 1, attached to and forming part of this by- law. 2. None of the provisions of section 8.9.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated AS and numbered 835 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of a retail store. 3. Notwithstanding the provisions of clauses (e), (g), (i) and (j) of section 8.9.3 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 AS and numbered 835 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations (a) Minimum interior side yard width 0 metres (b) Maximum lot coverage 23 (c) Minimum landscaped open space 15 of the lot area, which shall include the landscape strips having the prescribed widths in the following locations, save end except for any driveways along and adjacent to the front lot line along and adjacent to the rear lot line and interior side lot line, save and except for any building or structure (iii) along and adjacent to the exterior side lot line (d) Maximum floor area of a retail store 3 metres 1.5 metres 2.4 metres 120 square metres (f) All other provisions of By -law No. 79 -200 shall continue to apply 3. Section 19 of By -law No 79 -200 is amended by adding thereto the following: Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading; (e) Notwithstanding any of the 4.2 metres above clauses, no pump, pump island or canopy shall be located closer to any lot line than 19.1.835 (a) None of the provisions of section 8.9.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the northeast corner of Stanley Avenue and McRae Street, designated AS and numbered 835 on Sheet D4 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a retail store, except in compliance with By- law No. 2008- (b) Notwithstanding the provisions of clauses (e), (g), (i) and (j) of section 8.9.3 of By -law No. 79 -200, no person shall use the land on the northeast corner of Stanley Avenue and McRae Street, designated AS and numbered 835 on Sheet D4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2008- August 18, 2008 August 18, 2008 August 18, 2008 A. Bryce la S\ZONING\AMS\2008\By -I aws\Byam010 wpd -2 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: All of Lts 330, 331 332 P1307 Save Except Pts 4, 5 6 On 59R11727; S/T Ease As In R0282584; Niagara Falls Applicant: Amending Zoning By -law No. 79 -200 1746951 Ontario Inc Assessment #s: 272502001217300 ry 1.NTS AM- 2008 -010 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 10 \mapping.map July 2008 A by -law to amend By -law No 79 -200, to permit a residential development containing 8 townhouse dwelling units and two semi detached dwellings on the west side of Dorchester Road, opposite Stokes Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R1C and numbered 685 to R4 and numbered 839, the land on the west side of Dorchester Road, opposite Stokes Street, being Part 1 on Reference Plan 59R -12713 and Part 2 on Reference Plan 59R 13393, in the City of Niagara Falls, Regional Municipality ofNiagara, and shown hatched and designated R4 and numbered 839 on the plan Schedule 1, attached to and forming part of this by -law 2. Notwithstanding the provisions of section 4.27.1, section 5.7, clauses (a), (c), (e) and (h) of section 7 9.2 and section 7 9.3, and in addition to the regulations contained in sections 7.9.1 and 7.9.2 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 R4 and numbered 839 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of 2 townhouse dwellings each containing 4 dwelling units, and 2 semi- detached dwellings, and accessory buildings and accessory structures, and except in compliance with the following regulations. (a) Minimum lot area CITY OF NIAGARA FALLS By -law No. 2008- (b) Minimum front yard depth 4.5 metres after road widening dedication (c) Minimum north side yard depth or width (i) between the rear wall of a 6.5 metres dwelling unit and the lot line (ii) between the side exterior wall of a 3.0 metres dwelling unit and the lot line (d) Minimum south side yard depth or width (i) between the rear wall or side 3.0 metres exterior wall of a dwelling unit and the lot line (ii) between the rear wall behind the garage portion of a dwelling unit and the lot line the whole of the land shown hatched and designated R4 and numbered 839 on the plan Schedule 1 attached hereto 1.5 metres 2 (e) Minimum distance between the exterior 3.7 metres side walls of abutting dwelling units (fj Minimum additional yard requirements 19.1.839 First Reading: Second Reading: Third Reading; (i) between the garage portion of a 6 metres dwelling unit and a private roadway (ii) between the front exterior wall of a 4 5 metres dwelling unit and a private roadway (iii) between the one side exterior wall 7.5 metres and the lot line to the east and between the other side exterior wall and the private roadway to the west for the semi detached dwelling at the south limit of the land (g) Maximum height of building or structure 7.5 metres (h) Garages each dwelling unit shall have an attached 2- vehicle garage 3 Section 19 of By -law No. 79 -200 is amended by adding thereto the following: Passed this eighteenth day of August, 2008. Notwithstanding the provisions of section 4.27.1, section 5.7, clauses (a), (c), (e) and (h) of section 7.9.2 and section 7.9.3, and in addition to the regulations contained in sections 7.9.1 and 7.9.2 of By -law No. 79 -200, no person shall use the land on the west side of Dorchester Road, opposite Stokes Street, designated R4 and numbered 839 on Sheet C5 of Schedule "A except for the purpose of 2 townhouse dwellings each containing 4 dwelling units, and 2 semi detached dwellings, and accessory buildings and structures, and except in compliance with By -law No. 2008- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR August 18, 2008 August 18, 2008 August 18, 2008 S ZONING\AMS\2008 \By- laws\Byam017 wpd SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Applicant: Description: Part 1 on Reference Plan 59R -12713 and Part 2 on Reference Plan 59R 13393, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1688846 Ontario Limited (Louie Buordolone) s 1.NTS AM- 17/2008 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 17 \mapping.map August 2008 Assessment #s: 272507001611500 Amending Zoning By -law No. 79 -200 CITY OF NIAGARA FALLS By-law No. 2008 A by -law to amend By -law No 79 -200, to permit the development of a three unit on- street townhouse dwelling on the property. -THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R2 to R3 and numbered 836, the land on the west side of Montrose Road, north of Alpine Drive, being Pt Twp Lt 87 Stamford, Being Pt 2 Plan 59R12981; Niagara Falls and shown hatched and designated R3 and numbered 836 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clause (a) of section 4.19.3 and clauses (e), (g) and (k) of section 7.8.2 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 R3 and numbered 836 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of a three unit on- street townhouse dwelling, except in compliance with the following regulations. (a) Minimum interior side yard width 1.8 metres (b) Maximum lot coverage 43 (c) Minimum number of parking spaces 1 per dwelling unit (d) Maximum size of parking area 75% of the required front yard (e) All other provisions of Zoning By -law No. 79 -200 shall continue to apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.836 Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: August 18, 2008 Second Reading August 18, 2008 Third Reading; August 18, 2008 A. Bryce:la S \ZON TN G\AM 5\2008 \By-laws \B yam 018. wp d Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clause (a) of section 4 19.3 and clauses (e), (g) and (k) of section 7.8.2 of By- law No. 79 -200, no person shall use the land on the west side of Montrose Road, north of Alpine Drive, designated R3 and numbered 836 on Sheet B3 of Schedule "A or erect or use any building or structure thereon, for the purpose of a three unit on- street townhouse dwelling, except in compliance with By -law No 2008- SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Pt Twp Lt 87 Stamford, Being Pt 2 Plan 59R12981, Niagara Falls Applicant: Michael Mannella Salvatore Mannella 1.NTS AM- 2008 -018 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 18 \mapping.map July 2008 Assessment #s: 272509000206600 ALPINE DR Amending Zoning By-law No. 79 -200 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the development of a one family detached dwelling and to adjust the boundary of the OS and HL zones. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet A7 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from OS, in part, and HL, in part, to OS and numbered 837, in part, and HL, in part, the land on the south side of Chippawa Creek Road, east of Garner Road, being Pt Twp Lt 205 Stamford As In R0505206; Niagara Falls and shown hatched and designated OS and numbered 837, in part, and HL, in part, on the plan Schedule 1, attached to and forming part of this by -law 2 None of the provisions of section 14.1 of By -law No 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated OS and numbered 837 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of a one family detached dwelling. 3. Notwithstanding the provisions of clause (v) of section 14.2 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 OS and numbered 837 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulation. (a) Minimum setback from the 30 metres water's edge of Welland River 4 Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.837 Passed this eighteenth day of August, 2008. First Reading: Second Reading: Third Reading; (a) None of the provisions of section 14.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the south side of Chippawa Creek Road, east of Garner Road, designated OS and numbered 837 on Sheet A7 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a one family detached dwelling, except in compliance with By -law No. 2008- (b) Notwithstanding the provisions of clause (v) of section 14.2 of By -law No. 79 -200, no person shall use the land on the south side of Chippawa Creek Road, east of Garner Road, designated OS and numbered 837 on Sheet A7 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No 2008- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR August 18, 2008 August 18, 2008 August 18, 2008 A. Bryce:mb S.\ ZONINGIAMS\20081By- laws\Byam019 wpd SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Geodetic Survey of Canada Elevation Contour 172.45 metres Description Pt Twp Lt 205 Stamford As In R0505206; Niagara Falls Applicant: John Belme Irma Belme Assessment #s: 272511000201801 Amending Zoning By -law No. 79 -200 1.NTS AM- 2008 -019 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 19 \mapping.map July 2008 A by -law to amend By -law No 2007 -209, which amended By -law No. 79 -200, to remove the holding symbol (H) on a portion of the lands on the west side of Stanley Avenue and northwest of Stanley Avenue and Thorold Stone Road, to allow the lands to be used for light industrial purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -209 is amended by deleting sections 1, 2, 3 and 5 and replacing those sections with the following: "1. Sheets C2 and C3 of Schedule "A" to By -law No 79 -200 are amended by redesignating from HI to LI and numbered 800, in part, and LI(H) and numbered 800, in part, the land on the west side of Stanley Avenue, north of Thorold Stone Road, being Parts 1 to 32 (inclusive) on Reference Plan 59R- 13311, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 800, in part, and LI(H) and numbered 800, in part, on the plan Schedule 1, attached to and forming part of this by- law." "2. None of the provisions of section 11.2.1 of By -law No. 79 -200, shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 800, in part, and LI(H) and numbered 800, in part, on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for one or more of the following uses: (a) Contractor, tradesman and material suppliers office and shop with or without a wholesale and retail showroom and outlet inclusive of home and office furnishings or appliances and audio, video and electronic equipment; (b) Commercial services such as banks and other financial institutions inclusive of money exchanges, restaurants and coffee shops with or without drive -thru pick -up, print shop, personal service, service shop, computer service, secretarial services, one convenience retail store of not more than 300 square metres, postal courier, delivery service, ambulance services, (c) Corporate offices; CITY OF NIAGARA FALLS By -law No. 2008- (d) Business and technical offices such as architect, surveyor, lawyer, planner, accounting and bookkeeping, interior designer, graphic designer, advertising agency, marketing and promotion, land development and associated real estate, construction management, clinical services, provided that not more than 465 square metres is devoted to each office use; (e) Health centre, fitness facilities, assembly hall and private clubs; "5 First Reading: Second Reading: Third Reading: -2- (f) Outside storage (eg. vehicle or equipment compound); (g) Cement manufacture; and (h) Dry cleaning establishment." "3. Notwithstanding the provisions of clause (g) of section 11.2 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 LI and numbered 800, in part, and LI(H) and numbered 800, in part, on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulation: (a) Maximum height of building 15 metres subject to section 4.7 of By -law or structure No. 79 -200" Section 19 of By -law No. 79 -200 is amended by adding thereto the following 19 1.800 2 Schedule 1 to By -law No. 2007 -209 is deleted and replaced with Schedule 1 attached hereto. Passed this eighteenth day of August, 2008. (a) None of the provisions of section 11.2.1 of By -law No. 79- 200 shall apply to prevent the use of the land on the west side of Stanley Avenue, north of Thorold Stone Road, designated LI and numbered 800, in part, and LI(H) and numbered 800, in part, on Sheets C2 and C3 of Schedule "A or the erection or use of any building or structure thereon, except in compliance with By -law No. 2007 -209. (b) Notwithstanding the provisions of clause (g) of section 11.2.2 of By -law No. 79 -200, no person shall use the land on the west side of Stanley Avenue, north of Thorold Stone Road, designated LI and numbered 800, in part, and LI(H) and numbered 800, in part, on Sheets C2 and C3 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2007 209." DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR S ZONING \AMS\2004\By- laws\Byam13 #4 wpd August 18, 2008 August 18, 2008 August 18, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Applicant: Amending Zoning By -law No. 79 -200 Parts 1 to 32 (Inclusive) on Reference Plan 59R- 13311, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1578891 Ontario Ltd. Assessment #s: 272504000313300 1.NTS AM- 13/2004 K \GIS_Requests\ 2004\ Schedules \ZoningAM\AM- 13 \2008mapping.map August 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part of Lots 155 and 164, Stamford, being Part 1 on Reference Plan 59R -13158 as a public highway, to be known as and to form part of St. Michael Avenue WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That Part of Lots 155 and 164, Stamford, being Part 1 on Reference Plan 59R 13158, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes 2 That said Part of Lots 155 and 164, Stamford, being Part 1 on Reference Plan 59R 13158, that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading Second Reading Third Reading August 18, 2008 August 18, 2008. August 18, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to declare the lane located north of Detenbeck Road, being Part of a Road Allowance between Concession 1 and Broken Front Concession, Niagara River, Willoughby (closed by Instrument Number BB84703), lying between Detenbeck Road and Part 1 on Reference Plan 59R- 7223, except Instrument Number BB89388, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus WHEREAS subsection 268(3)(a) of the Munzcipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus, AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The lane located north of Detenbeck Road, being Part of a Road Allowance between Concession 1 and Broken Front Concession, Niagara River, Willoughby (closed by Instrument Number BB84703), lying between Detenbeck Road and Part 1 on Reference Plan 59R -7223, except Instrument Number BB89388, is hereby declared surplus Passed this eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading: August 18, 2008 August 18, 2008 August 18, 2008 A by -law to authorize the execution of an Agreement of Purchase and Sale with Francis Haffey Clarke and Cathy Renee Clarke respecting the purchase of lands, being a portion of road allowance adjacent to 2703 Detenbeck Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 An Agreement of Purchase and Sale made between Francis Haffey Clarke and Cathy Renee Clarke and The Corporation of the City of Niagara Falls for the property described as being a portion of road allowance adjacent to 2703 Detenbeck Road, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents Passed this eighteenth day of August, 2008 First Reading: Second Reading: Third Reading: DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR August 18, 2008. August 18, 2008 August 18, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, Francis Haffey Clarke and Cathy Renee Clarke agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address portion of Road Allowance adjacent to 2703 Detenbeck Road, and legally described as that, portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, abutting the land of the Purchaser, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "B" attached (the "property PURCHASE PRICE One Thousand Five Hundred Dollars (CDN$ $1 500.00 DEPOSIT Purchaser submits One Hundred Fifty Dollars (CDNS 150.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion Purchaser agrees to pay the balance as follows The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement 1 CHATTELS INCLUDED N/A 2 FIXTURES EXCLUDED N/A 3 RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price N/A 4 IRREVOCABILITY This Offer shall be irrevocable by the Purchaser until 4_30 p m. on the 31" day of July, 2008, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest 5 COMPLETION DATE This Agreement shall be completed by no later than 5 00 p m. on the 15" day of September, 2008 Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement 6 NOTICES: Any notice relating hereto or provided for herein shall be in writing This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number FAX NO 1905)371-2892 rear delivery, neue.n to v w,nFAX NO rrn, au;w.rr of nn.,e.. ,o wro"nn.rr 7. GST If this transaction is subject to Goods and Services Tax (G.S T.), then such tax shall be in addition to the Purchase Price If this transaction is not subject to (inciudS .n /in .idici*' cep G S T Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G S T 8 TITLE SEARCH Purchaser shall be allowed until 6 00 p m. on or before the 15" day of July, 2008. (Requisition Pate) to examine the title to the property at his own expense and until the earlier of (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; OA) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use(vacant rural residential) may be lawfully continued and that the principal building may be insured against risk of fire Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require 9 FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement 10 TITLE Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property 11 DOCUMENTS AND DISCHARGE Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion 12 INSPECTION Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor 13 INSURANCE All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase No insurance shall be transferred on completion If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion 14 PLANNING ACT This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion 15 DOCUMENT PREPARATION The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R S 0 1990. 16 RESIDENCY Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada 17 ADJUSTMENTS Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser 18 TIME LIMITS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard 19 TENDER Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion Money may be tendered by bank draft or cheque certified by a Chartered Hank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire 20 FAMILY LAW ACT Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R S 0 1990 unless Vendor's spouse has executed the consent hereinafter provided 21 UFFI Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction 22 CONSUMER REPORTS The Purchaser is hereby notified that a consumer report containing credit and /or personal information maybe referred to in connection with this transaction 23 AGREEMENT IN WRITING If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein This Agreement shall be read with all changes of gender or number required by the context 24 SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein DATED AT /1/4 eC this day of (/?SUE 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal OtlIness I, the Undersigned Vendor, agree to the above Offer DATED AT Niagara Falls this day of 2000 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal CONFIRMATION OF EXECUTION Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a m./p m. this Francis Haffey Clarke :Sea 2� X�f'ai 4 DATE PLC /1 �i'r7 v l athy Renee Clarke tseal) THE CORPORATION OF THE CITY OF NIAGARA FALLS R.T (Ted) Salci, Mayor (seal, DATE ,rno Dean Iorfida, City Clerk (sear day of 20 DATE .�xt f1 L DATE ACKNOWLEDGEMENT I acknowledge receipt of my signed Copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer THE CORPORATION OF THE CITY OF NIAGARA FALLS R.T (Ted) Salci, Mayor DATE DATE DATE DATE Dean Iorfida, City Clerk rcaon Address for Service Address for Service The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel No (905)356 -7521 Tel No Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address Address The Corporation of the City of Niagara Falls 4310 Queen Street, P.Q. Box 1023 Niagara Falls, Ontario L2E 6X5 1905)356 -7521, ext. 9242 (905)371 -2892 Tel No FAX No Tel No FAX No SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE PURCHASER: Francis Haffey Clarke and Cathy Renee Clarke VENDOR. The Corporation of the City of Niagara Falls 1 It is understood and agreed that the land to be conveyed herein is subject to a Survey to be prepared at the expense of the Vendor (the City). In the event that the land to be conveyed is more or less than 0.28 acres, the Purchase Price will not be adjusted. 2. It is understood and agreed that the Purchaser will pay their own legal costs in connection with this transaction. 3 It is understood and agreed that this Agreement is subject to the simultaneous completion of an Agreement wherein the owners of the property municipally known as 11415 Niagara River Parkway have agreed to purchase that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, which abuts the property located at 11415 Niagara River Parkway 4 It is understood and agreed that the land to be conveyed herein will be consolidated with abutting land owned by the Purchaser 5 It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council. IB1M11T LEGEND cc, Mon. Iptl 1 SI13(3.E.Lo01'0 0.e.S. ROUND IRON BARS 3/4" DIA. IRON BARS 5/8' or 24" STANDARD IRON BARS CONCRETE MONUMENTS IRON TUBES CUT CROSSES SHORT STANDARD IRON BARS FOUND SURVEY EVIDENCE (VAT) DENOTES WITNESSES NIAGARA A p \10 INS I ne.0015M,etN1�CoW �Td 1 ,N•,,# 2er.si 000"It N 4' 57. 30" W 78:36 104 6 SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS 5-10 /4 THUS SHOWN THUS SHOV /N THUS 25040N THUS repleced 19* *199' 10 N 3' 54' '.o sro. r..s.l o. r DVEAHERD TELFPHDN (w5ES SSIB ssle '1 280.2 ryloced tea .11/ 19 N0. dyl 150 0\h L! /S�L�GAAQ�i%E9�.JcOY.._..iysr 6 111 694 2 BZ '.o 2 0 0' 0 s Cncessiaii U V J 190 SIB CAUTION' THIS PLAN IS NOT A PLAN OF BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT OF DETENBECK ROAD AS DESCRIBED HAVING A SEARING OF 583'25'W IN INSTRUMENT NUMBERS 53315 S 429865 0 (File G9 -220 Doted August 8, 19691 G O Illacarc River doss 279 55T N0. 2 656111 SURVEYOR'S CERTIFICATE I CERTIFY THAT' I THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THERE- UNDER. 2 THE SURVEY WAS COMPLETED ON THE 5 DAY OF JANUARY 96 DATE: �cnuary 23, 1989 AL1. ANOREW CAMERON Ontario Land Surveyor MATTHEWS CAMERON LTD. JOHN LdOYESTEIN NO. 429665 is econ0y) 2703 ee4 E«" Lcl IL SOS✓ 1 Niognfu Rive( 32211 ;I Ccnc. Hon. UIPCI 3 h N 99'4 66 '42 1 �'(T E,'Egr. J ~.1 7'36'0 T FE4L'!L HnE^ S.W CORNER LOT II, 0500R 374'.25 1/11/ initIiitiimNfiitiliinnitIttt t wan ROAD ALLOWANCE BETWEEN BROKEN FRONT CONCESSION NIAGARA RIVER CONCESSION ONE CLOSED BY TOWNSHP OF Wi LOUGHBY BY -LAW 155 ;al ra4fed In 0epe.11 Sonscr 92501 LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH :9 '0 02 8 PLAN OF SURVEY OF PART OF TOtVNSHIP LOT II 9ROKEN FRONT CONCESSION NIAGARA RIVER Township of Willoughby now h fho CITY OF !'J /il G/l RA1l FALLS Reqonol munlolppli! of Niopora ANDREW CAMERON O.L.S. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement of Purchase and Sale with Andrew Thomas Colavecchia and Angela Maria Colavecchia respecting the purchase of lands, being a portion of road allowance adjacent to 11415 Niagara River Parkway THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 An Agreement of Purchase and Sale made between Andrew Thomas Colavecchia and Angela Maria Colavecchia and The Corporation of the City of Niagara Falls for the property described as being a portion of road allowance adjacent to 11415 Niagara River Parkway, subject to such tennis 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 eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading. August 18, 2008. August 18, 2008 August 18, 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, Andrew Thomas Colavecchia and Angela Maria Colavecchia, agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY Address portion of Road Allowance adjacent to 11415 Niagara River Parkway, and legally described as that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, abutting the land of the Purchaser, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "B" attached (the "property PURCHASE PRICE One Thousand Dollars (CDN$ $1,000.00 DEPOSIT Purchaser submits One Hundred Dollars (CDN$ 100.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion Purchaser agrees to pay the balance as follows The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement 1 CHATTELS INCLUDED N/A 2 FIXTURES EXCLUDED N/A 3 RENTAL ITEMS The following equipment is rented and not included in the Purchase Price N/A 4 IRREVOCABILITY This Offer shall be irrevocable by the Purchaser until 4:30 p m on the 31" day of July, 2008, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest 5 COMPLETION DATE This Agreement shall be completed by no later than 5 00 p m on the 15" day of September, 2008 Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement 6 NOTICES Any notice relating hereto or provided for herein shall be in writing This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number FAX NO (905) 371 -2892 ,For aetiver or co vmeor, FAX NO (for delivery or notices co roicna. =n 7 GST If this transaction is subject to Goods and Services Tax (G S T then such tax shall be in addition to the Purchase Price If this transaction is not subject to included iono addition m( G S T Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G S T 8 TITLE SEARCH Purchaser shall be allowed until 6 00 p m on or before the 15" day of August, 2008 (Requisition Date) to examine the title to the property at his own expense and until the earlier of (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use(vacant rural residential) may be lawfully continued and that the principal building may be insured against risk of fire Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require 9 FUTURE USE Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement 10 TITLE Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or coenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the propert; If within the specified times referred to in paragraph 8 any alid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which "endor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate Sots or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages Save as to any ^alid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property 11 DOCUMENTS AND DISCHARGE Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion 12 INSPECTION Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor 13 INSURANCE All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase No insurance shall be transferred on completion If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion 19 PLANNING ACT This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion 15 DOCUMENT PREPARATION The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R S 0 1990 16 RESIDENCY Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada 17 ADJUSTMENTS Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser 18 TIME LIMITS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard 19 TENDER Any tender of documents or mane} hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion Money may re tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Pro'ince of Ontario Savings Office, Credit Union or Caisse Populaire 20 FAMILY LAW ACT Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R S 0 1990 unless vendor's spouse has executed the consent hereinafter provided 21 UFFI Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction 22 CONSUMER REPORTS The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction 23 AGREEMENT IN WRITING If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein This Agreement shall be read with all changes of gender or number required by the context 29 SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein DATED AT this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal (r 1 hAr AA-ti-2,- <h a m /p m this .(tett iL? A-Le..CA I, the Undersigned Vendor, agree to the above Offer [Purchase, Andrew Thomas Colavecchia (Seal) day of 20 ,e,,.,h<., Angela Maria Colavecchia Isigna,urel THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE ry <eo,� R T (Ted) Salci, Mayor lsesu DATE n<mn, Dean Iorfida, City Clerk (Sean DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal CONFIRMATION OF EXECUTION Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer THE CORPORATION OF THE CITY OF NIAGARA FALLS P T (Ted) Salci, Mayor Address for Service The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel No (905)356 -7521 Vendor's Lawyer Kenneth L. Beaman Address The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 (905)356 -7521, ext. 4242 (905)371 -2892 Tel No FAX No DATE DATE rvr„e�r, DATE DATE Dean Iorfida, City Clerk Address for Service Tel No Purchaser's Lawyer Address Tel No FAX No SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE PURCHASER. Andrew Thomas Colavecchia and Angela Maria Colave.cchia VENDOR The Corporation of the City of Niagara Falls 1 It is understood and agreed that the land to be conveyed herein is subject to a Survey to be prepared at the expense of the Vendor (the City) In the event that the land to be conveyed is more or less than 0.21 acres, the Purchase Pnce will not be adjusted. 2 It is understood and agreed that the Purchaser will pay their own legal costs in connection with this transaction. 3 It is understood and agreed that this Agreement is subject to the simultaneous completion of an Agreement wherein the owners of the property municipally known as 2703 Detenbeck Road have agreed to purchase that portion of the Road Allowance between Broken Front Concession, Niagara River and Concession One, closed by Township of Willoughby By -law 155, which abuts the property located at 2703 Detenbeck Road. 4 It is understood and agreed that the land to be conveyed herein will be consolidated with abutting land owned by the Purchaser 5 It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council. i r 2 103' 66 519(7.9 IGYTN o3 s) (0 63 r 0510E05 180 win. ID 78'.3 z OV09800 T0_ 1 ,(0NES 5519 SIB ,tom. 2 30" V7 79 repbced 190 0.111, 18 0 EFDS O 5•x /5 //1IG4j, 4 2 2/ JJ,' Pi9/e/ <'2' Yus m .,4400 orG/3..110S �✓ceosr�f�. 72; /�ECvi ✓r/ /S a. 2/7-` 2B f.2 21P 42. 0000. I,tOn. .1ptl V> 3 :o XI LEGEND ROUND IRON EARS 3/4 IRON BARS 5/8" 0 24' STANDARD IRON BARS CONCRETE MONUMENTS 1905 TUBES CUT CROSSES SHORT STANDARD IRON BARS FOUND SURVEY EVIDENCE WITI DENOTES WITNESSES O1.A. 1AGAR d w1.M405 on L y oid� 1 a• 5T 30.. 05 04 N SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS SHOWN THUS 195.111 11' LAO .Lo 0. INS" M CD 0J NO 6111 (19497) 202' 02 l00'.o 199 BEARING NOTE z 00 3 r and ncess' n M SIB O BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT OF DETENEECK ROAD AS DESCRIBED HAVING A BEARING OF N85•25W IN INSTRUMENT NUMBERS 53315 S 429865 CAUTION THIS PLAN IS NOT A PLAN OF 0109 57 40160 545031 0, 17 041 91T10 vr w Ana 429865 fsecondyJ... C79 ELIIIIIIIttkikeislevexasslawsilkinivokinaimmwe ROAD ALLOWANCE 9ETWEEN 8 OKEN FRONT CONCESSION tAPGARA RIVER L CONCESSION ONE CLOSED BY TOWNSHF OF 8/5 50993 BY LAW 133 :m red.sd N 0090511 NurnSV 52901 INS T N0. 562' fL2T 2 374'.23 6581 1(9527 SURVEYOR'S CERTIFICATE I CERTIFY THAT, I THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE REGISTRY ACT AND THE REGULATIONS MADE THERE- UNDER. 2. THE SURVEY WAS COMPLETED ON THE 1 DAY OF -JPNVARY I 1089 DATE. Jcnuory 23, (909 ,'ILUAL'ALZ� u Y�L. ANDREW CAMERON Ontario Land Surveyor MATTHEWS CAMERON LTD. /PI HN LdOYESTEIN lhogaro River 171_11 1 7'0.0) v zN 703 OETE CI ,f 655' 45 LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH Lcl 95 0 Ni 0,4515 RNe( PC60'11 y.cn. vIPCI l 3 Coo I r r3 h 00 99 80'42 e mac. CA E 791'x7= PPM VCi G ,nE^ S.W. CORNER LOT II, CFCNR m ANDREW CAMERON O.L.S. 5,9 0 b in 3 PLAN OF SURVEY OF PART OF TOIJNSHIP LOT II BROKEN FRONT CONCESSION NIAGARA RIVER Townshlp of Willoughby now In the CITY OF I'JOAGAR J F. LL S Peo,onol Nunlcl Dol,/y of /Jiooare, A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Monticello Grille Wine Bar, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Monticello Grille Wine Bar located at 5645 Victoria Avenue THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 A Sidewalk Cafe Licence Agreement dated May 6, 2008, and made between Monticello Grille Wine Bar as Licensee and The Corporation of the City of Niagara Falls as City, respecting the hcencing of a Sidewalk Cafe in front of 5645 Victoria Avenue, as attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence 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 eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading* Second Reading: Third Reading August 18, 2008 August 18, 2008 August 18, 2008 CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this 6` day of May, 2008 BETWEEN MONTICELLO GRILLE WINE BAR, Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART, of the SECOND PART, WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5645 Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows 1 The City shall permit the Licensee to occupy and use the City lands from April 1 to October 31' in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands 2 The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3 This licence shall commence April 1', 2008, and shall terminate on October 31s 2013, subject to its earlier termination. -2- 4 The Licensee shall pay a fee of Six Hundred Sixty Eight and 25/100 Dollars ($668.25 plus GST per annum for such privilege which fee shall be payable to the Treasurer of the City in advance on the 1 day of Apnl in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence 5 The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishunent. 6 The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C" 7 The Licensee agrees to assume all liability and obligations for any and all loss, costs, 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, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder 8 The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000 00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9 The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10 The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11 The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the Citv notice of the proposed changes and obtaining the consent of City Council for the proposed changes 12 The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee m respect of loss, damage, destruction or accident from whatsoever cause arising. 13 The following schedules are attached to and fonn part of this agreement, namely Schedules "A `B" and "C" 14 Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows (1) The Licensee Monticello Grille Wine Bar 5645 Victoria Avenue Niagara Falls ON L2E 3L5 Telephone (905) 357-4888 The City -3- The Corporation of the City of Niagara Falls Attention. Legal Services 4310 Queen Street P O Box 1023 Niagara Falls ON L2E 6X5 Telephone (905) 356-7521 Facsimile• (905) 371 -2892 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below (2) Such notice shall be deemed to have been given. (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4 30 p.m. on a day that is not a holiday, failing which it shall be -4- deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemni fy, save, defend and keep harnrless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15 The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City 16 (a) Either party may terminate this licence upon 30 days notice, in writing, to the other (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) as to its intention to terminate, Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the umestncted right to modify the site area. 17 Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18 If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred m remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S 0 2001 c.25 and any successor legislation thereto as well as joint. 5- 19 Wherever 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 hereby rendered necessary had been and all covenants herein shall be construed to be several IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations MONTIC L 0 GRILLE &WINE BAR Name Title Name Title. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name R.T (Ted) Salci Title. Mayor Name Dean Iorfida Title. City Clerk PRoPoSED SIDEWALK. PATIO 'NT ICELLO RE STAUR A NT ��45 VI GToR1A AVE RFSTA,t1RANT, I AUAZ.A FALLS oNT. A A V 1/ werAreimme rrittorvora war 106,- .RA.. cC 0 0 O 0 arerrajr EN lZANCE 1 Fr4-04-1*E-4°. F. Alta• -ri 0 r a R.1 W I NDC,W SI LL -o 1-0 G1-1 1kANb RA1t_ 18 7 core RE-T E 7'. N 0- 3' =0 `4,1 NJ O O.4 A\ —B R \CK L.L lUG'.1 KIND RP.II. l DE W A L.I< 0 0 7 o'e 0 RECEIVED MAY 1 6 2005 PLA Ni EVELOPMENT PLOT P LA CLJ VECTOR EAR AREA AVENUE. V OF THE FRONT of MONJT I CFLLO SI G 2' -o x 4' TAB co -2' -ox 2`D TABLES SEATS DEWA.LK PATIO SKI ;s -7- SCHEDULE "B" to an Agreement dated May 6, 2008, between MONTICELLO GRILLE WINE BAR and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Lot 127, Plan 1002, Town of Niagara Falls, as in RO451061, together with RO451061, in the City of Niagara Falls, in the Regional Municipality of Niagara, being all of PIN 64344- 0105(LT) SIDEWALK CAFE GUIDELINES -8- SCHEDULE "C" to an Agreement dated May 6, 2008, between MONTICELLO GRILLE WINE BAR and THE CORPORATION OF THE CITY OF NIAGARA FALLS Niagara Falls The City of Canad� r° 111111111 MIIIP Planning and Development Council Approval September 12, 1994 Revised March 2003 Introduction: Definitions: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be Considered to ensure safety, aesthetics and compatibility with adjacent land uses The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO) Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City of Niagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontano Building Code, the Fire Code and Site Plan Control Outdoor Private Cafe means an outdoor area located entirely within the limits ofpnvate property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property Sidewalk Cafe means that portion of municipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May1 to October 31, both inclusive. Fi:OIIRB 1 -CAPE LOOAT'I: YN:S_ ettkPocYqgx :LE.GRNI? comb ?4.404;aut000rAdv•te.:e:fija.e Sidi 0.k406 2 at4 w4a Cia dinyYZddc :a.1:4.cei ,gilt. Cu S;Ytdc 1 4. Po o:0424e c.0 ptity)S x tiim Umbrak, Zoning: A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: 2 Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT 111101- 7 1 Minfirom NMI= ME Ir Placement The placement of a sidewalk cafe will abut the property where the related restaurant use is located. Alternatively, the sidewalk cafe may be placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/business, written consent of the affected property/business owner must be provided at the time of application. The_ sidewalk cafe may be located at the front or exterior side of a restaurant use. Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes /containers or similar barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height dnd placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. ma Ili 61 I ll 2 r r UMW 001 c, 3: 0n. eunia.b� d A%a4n4'S0 ■w11K Gli Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: 4 Application An application to establish a sidewalk cafe on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entenng into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment pnor to entenng into an agreement. Agreement Where an application for an outdoor side\vatk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning, among other things, the lands involved, penod of operation, liability insurance, maintenance and restoration and payment of fees for use of space The sidewalk cafe owner /operator shall agree to save harmless the City for any matter arising as a result of the sidewalk cafe and its operation by way of a certificate of insurance in a form acceptable to the City Solicitor The operator shall be responsible for secunng furniture, fixtures, etc., after hours Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end of the season in accordance with the terms of the agreement with the City Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed dunng the period of 11 p.m. and 8'00 a.m. the following day Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB•tc S:\SIDEWALK \GENERAL \Guidelines.wpd A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Tarboosh Mediterranean Grill, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Tarboosh Mediterranean Grill located at 5809 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 A Sidewalk Cafe Licence Agreement dated July 9, 2008, and made between Tarboosh Mediterranean Grill as Licensee and The Corporation of the City ofNiagara Falls as City, respecting the licencing of a Sidewalk Cafe in front of 5809 Victona Avenue, as attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence 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 eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading Third Reading August 18, 2008. August 18, 2008. August 18, 2008 CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this 9` day of July, 2008 BETWEEN TARBOOSH MEDITERRANEAN GRILL, Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART, of the SECOND PART, WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5809 Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows 1 The City shall permit the Licensee to occupy and use the City lands from April 1 to October 31 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a nght to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3 This licence shall commence April ls' 2008, and shall terminate on October 31s 2013, subject to its earlier termination. -2- 4 The Licensee shall pay a fee of One Hundred Ninety Three and 50 /100 Dollars ($193 50) plus GST per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of April in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5 The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6 The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C" 7 The Licensee agrees to assume all liability and obligations for any and all loss, costs, 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, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder 8 The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000 00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9 The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10 The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that maybe applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11 The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes 12. The Licensee agrees that no building, stricture or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and cared out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13 The following schedules are attached to and fonn part of this agreement, namely Schedules "A "B" and "C" 14 Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows The Licensee: Tarboosh Mediterranean Grill Attention. Mr Shaukat Parekh 5809 Victoria Avenue Niagara Falls ON L2G 2L6 Telephone (905) 353-0909 The City -3- The Corporation of the City of Niagara Falls Attention. Legal Services 4310 Queen Street P O Box 1023 Niagara Falls ON L2E 6X5 Telephone: (905) 356 -7521 Facsimile (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below (2) Such notice shall be deemed to have been given. (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4.30 p.m. on a day that is not a holiday, failing which it shall be (3) -4- deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entenng into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15 The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City 16 (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to tenmmate, (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the uirestncted right to modify the site area. 17 Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18 If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S 0 2001 c.25 and any successor legislation thereto -5- I9 Wherever 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 hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. TARBOOSH MEDITERRANEAN GRILL n Name. Title Name. Title THE CORPORATION OF THE CITY OF NIAGARA FALLS Name R.T (Ted) Salci Title Mayor Name. Dean Iorfida Title: City Clerk Oro SCHEDULE "A" to an Agreement dated July 9' 2008, between TARBOOSH MEDITERRANEAN GRILL and THE CORPORATION OF THE CITY OF NIAGARA FALLS SKETCH TO ILLUSTRATE DESCRIPTION PART OF VICTORIA AVENUE, PLAN 1002 (IN FRONT OF PART OF LOT 85, PLAN 291) City of Niagara Falls MAT THEWS. CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LIMITED I 0 1 2 3 METRES 1 50 LLN 38470 -6- NOTE THIS SKETCH IS NOT A PLAN OF SURVEY METRIC NOTE DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN 8E CONVERTED TO FEET BY DIVIDING 8Y 0.3048 DREW CAMERON Onto lo Land Surveyor DATE: Juno a 2008 MATTHEWS, CAMERON, HEYWOOD e KERRY T. HOWE SURVEYING LTD, 5233 Stanley Arenue Un8 +I, Niagara falls, Ontarla t2F 7C2 Phone(905)358 -3693 Fa4905)358 -6224 98 Church Sheet, SI. Catharines, Ontario 12R 3C8 Phane(905)687 -3300 mrw. th•surv. yore. e• S.S. I Checked A.C. I L.L.N 38470 J Re ATTACHED -7- SCHEDULE "B" to an Agreement dated July 9` 2008, between TARBOOSH MEDITERRANEAN GRILL and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Lot 85, Plan 291, Town of Niagara Falls, as in Instrument number RO761241, in the City of Niagara Falls, in the Regional Municipality of Niagara, being all of PIN 64345 -0067 (LT) SCHEDULE "C" to an Agreement dated July 9' 2008, between TARBOOSH MEDITERRANEAN GRILL and THE CORPORATION OF THE CITY OF NIAGARA FALLS SIDEWALK CAFE GUIDELINES -8- The City of Niagara Falls Canad i Planning and Development Council Approval September 12, 1994 Ravised Maroh'2003 Introduction: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to cstablish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe, The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating whcrc meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion of municipal property between the property lino and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments or served and consumed in conjunction with a restaurant. Seasonal moans the six month period from May 1 to October 31, both inclusive. �h Y l4: Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City ofNiagara Falls Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, firc regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most casos, an unobstructed sidowalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2,4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy p edestrian traffic, or increased above 3 0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metros (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT V�• r�. '!Y'#."tiYiQ!►�1CC4!�Ifd.'�i V4Lt.'Rayl�6`.� "11111 1111111114011111111111 itirimirmb li r� EZ, A'Reek EMI Placement The placement of a sidewalk cafe will abut the property where the related'restaurant us e is located. Alternatively, the sidewalk cafe may be placed within 0.9 metres (3 feet) of the curb fact parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/business,written consent of the affected property/business ownermustbeprovided at the time of application. The. sidewalk cafe may be located at the front or exterior side of a restaurant use, Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes/contamers or similar barriers. Such barriers should be free standing, structurally sound and finely fabncatcd. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is rn sured. The barrier would be subject to the requirements of the AGCO lithe sidewalk cafe is hcensed. Access 'rho sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may bo strategically provided within the limits of a sidewalk cafe, Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into thepedestrian movement area. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe li emcee. Approvals: AB:tc s:\SID6WALK\OFIE ALV3viddints.wpd 4 Application An application to establish a sidewalk cafe on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary foes and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before eitesing into an agreement. Notice of application must be posted in a conspicuous position on thc front of the building which can b c read from the sidewalk. At thc discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, thc owner and/or operator shall enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for any matter arising as a result of the sidewalk cafe and its operation by way of a certificate of insurance in a form acoeptablc to tho City Solicitor The operator shall be responsible for securing furniture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Mai tenance The operator will beresponsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from City property at the end of the season in accordance with the terms of the agreement with the City Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. CITY OF NIAGARA FALLS By -law No. 2008 A by-law_ to amend By -law No 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 By -law No 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading August 18, 2008 August 18, 2008 August 18, 2008 1 Parking By -law Enforcement Officers -Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Julio Cavahere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGiolamo Larry Downing Hanya Goforth George Gondosch Kevin Howe Les Jarvis Erroll Kettell Norm Leonard David Lewis John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Kern Michaud Kathy Moldenhauer Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish part Township Lot 90 Stamford as a public highway, to be known as and to form part of Drummond Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That part Township Lot 90 Stamford designated as Part 3 on Reference Plan 59R- 13752, in the City ofNiagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said part Township Lot 90 Stamford designated as Part 3 on Reference Plan 59R- 13752, that is hereby established as a public highway, be known as and form part of Drummond Road. Passed this eighteenth day of August, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading Second Reading: Third Reading August 18, 2008. August 18, 2008 August 18, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish part of Lot 22 Plans 6 and 7 Stamford as a public highway, to be known as and to form part of Riall Street and to repeal By -law No 2008 -123 WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part of Lot 22 Plans 6 and 7 Stamford designated as Part 1 on Reference Plan 59R- 13500, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2 That said part of Lot 22 Plans 6 and 7 Stamford designated as Part 1 on Reference Plan 59R- 13500, that is hereby established as a public highway, be known as and form part of Riall Street. 3. By -law No 2008 -123 is repealed. Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading Third Reading: August 18, 2008. August 18, 2008 August 18, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the payment of $26,493,570.85 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 June 19, 2008 to July 31, 2008. Passed this eighteenth day of August 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 18, 2008 August 18, 2008 August 18, 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 18` day of August, 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 18` day of August, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3 The Mayor and the proper officers of the Corporation of the City ofNiagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eighteenth day of August, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 18, 2008 August 18, 2008 August 18, 2008