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2008/11/03COUNCIL MEETING Monday, November 3, 2008 Order of Business and Agenda Package N agaraJaI s PRAYER: Councillor Mayes COUNCIL MEETING November 3, 2008 ADOPTION OF MINUTES: Council Minutes of October 6, 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Municipal Property Assessment Corporation (MPAC) Penny Christie from MPAC will advise Council of the new assessment procedures. Background Material: Recommendation Report: PD- 2008 -95 DEPUTATIONS /PRESENTATIONS PLANNING MATTERS Public Meeting AM- 2008 -031,- Zoning By -law Amendment Application 5956 Clark Avenue and 5950 Victoria Avenue Applicant: Niagara 21s Group Inc. (Cosmo Menechella Agent: Rocco Vacca, Sullivan Mahoney Proposed 6- Storey Hotel Public Meeting AM- 2008 -026, Zoning By -law Amendment Application 6005 Drummond Road Applicant: Vijay Kapur Agent: Wagar K. Baig Proposed Duplex Dwelling Background Material: Recommendation Report: PD- 2008 -93 Public Meeting 26T -11- 2001 -04 Revised), Public Meeting Miller Road Estates (South) Draft Plan of Subdivision Miller Road South Side West of Niagara River Parkway Owners: FKS The Real Estate People Inc. Brian Sinclair) 1162641 Ontario Limited (Kathy Dudla) Background Material: Recommendation Report: PD- 2008 -97 -AND 2 Correspondence from the Niagara Parks Commission Correspondence from the Niagara Regions Public Works Dept. Correspondence from the Niagara Peninsula Conservation Authority Public Meeting 26CD -11- 2008 -07, Draft Plan of Condominium (Conversion) 7591 Scholfield Road (South Side), East Side of Mewburn Road Owner: Panoramic Properties Inc. (Angelo Butera Background Material: Recommendation Report: PD- 2008 -98 -AND Correspondence from the Niagara Region's Public Works dept. Correspondence from Hydro One Chief Administrative Officer Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 3 MISCELLANEOUS PLANNING MATTERS PD- 2008 -89 Revised Infrastructure and Streetscaping Improvement Program within the Historical Drummondville CIP Area PD- 2008 -96 CB FIG 2008 -018, Revised Facade Commercial Building Improvement Grant Application 4675 Queen Street, Dominic Musitano, UFCW Local 102 PD- 2008 -92 Review of Off -Site Parking for Hotels within the City's Tourist Areas. PD- 2008 -94 Preconsultation on Certain Applications Under the Planning Act PD- 2008 -99 Appeal of Committee of Adjustment Decision, Consent Application B- 2008 -050, Applicant: Joe Kekic, Ort Road /Reixinger Road -4- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Michael Agrette Requesting use of the Niagara Falls Arena on February 15 for charity hockey game. RECOMMENDATION: That staff work with the requester on an alternate date. 2. Municipal Engineers Association Requesting a grant to offset the fees for the ice time and bus rental. RECOMMENDATION: For the Consideration of Council Optimist Club of Niagara Falls Requesting that the week of November 16 22, 2008 be proclaimed as Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Winter Festival of Lights Requesting approval for fireworks display in association with this year's festival. RECOMMENDATION: For the Approval of Council 5. City of Kingston Requesting support to petition the Province to increase the "heads and beds" levy (s. 323 of the Municipal Act). RECOMMENDATION: For the Approval of Council 6. Ontario Federation of Labour (OFL) Requesting November 6, 2008 be proclaimed as Community Social Service Workers Appreciation Day RECOMMENDATION: For the Approval of Council 7. Salvation Army Requesting a flag raising on November 21 St for Salvation Army Day. RECOMMENDATION: For the Approval of Council 8. Teachers of English as a Second Language Assoc. Of Ontario Requesting that the week of November 9 -15, 2008 be proclaimed as English as a Second Language Week. RECOMMENDATION: For the Approval of Council 9. Geoffrey R. Chapman Requesting a review of the parking permit system in Parking Area #13 (Main Street, between Robinson and Murray) RECOMMENDATION: Refer to staff. 10. Ronald Herkimer Requesting relocation of two City parking terminals. RECOMMENDATION: Refer to staff. Additional Items for Council Consideration: Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 5 The City Clerk will advise of any further items for Council consideration. REPORTS PROPERTY/ CORPORATE SERVICES MATTERS L- 2008 -38 Declare Surplus and Offer for Sale Multiple City -Owned Lands L- 2008 -39 Reilly Street Road End L- 2008 -40 Niagara Falls Memorial Arena, Proposed purchase by Canadian Niagara Hotels Inc. MW- 2008 -62 Dixon Street Road Closure and Cul -de- Sac Project CD- 2008 -12 Council Remuneration RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF IN CAMERA COMMITTEE ACTIONS RATIFICATION OF HUMAN RESOURCES COMMITTEE ACTIONS 6 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -43 Cancellation, Reduction or Refund of Taxes F- 2008 -44 Municipal Accounts L- 2008 -36 Release of Agreement, 8209 Lundy's Lane MW- 2008 -63 Consulting Services for Pavement Condition Update MW- 2008 -64 Bulk Sodium Chloride Road Salt), Regional Tender 2008 -T -29 MW- 2008 -65 Montrose Business Park Drainage Works Stormwater Management Lot Grading and Culvert Replacements R- 2008 -32 Review of Request, Elimination of Bottled Water City of Niagara Falls Facilities R- 2008 -34 2008 Sports Wall of Fame Inductees TS- 2008 -52 Contract T2008 -16, Snow Ploughing, Piling and Hauling of Snow City Parking Lots Three (3) Year Term TS- 2008 -53 Quotation for the Supply and Apply of Sand /Salt in Municipal Lots Three (3) Year Term FS- 2008 -02 Carbon Monoxide FS- 2008 -03 Purchase of Light Rescue Truck for Fire Services SALE OF LAND BY -LAWS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the by -law 2008 -177 A by -law to authorize the execution of an Agreement of Purchase and Sale with Skrlac Holdings Inc. respecting the purchase of lands, being Part 5 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 7 2008 -178 A by -law to authorize the execution of an Agreement of Purchase and Sale with Skrlac Holdings Inc. respecting the purchase of lands, being Part 10 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -179 A by -law to authorize the execution of an Agreement of Purchase and Sale with Maria DiGiacomo and Pasquale DiGiacomo respecting the purchase of lands, being Part 11 on Reference Plan 59R 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -180 A by -law to authorize the execution of an Agreement of Purchase and Sale with Giordano DeBiasi respecting the purchase of lands, being Parts 1 and 2 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -181 A by -law to authorize the execution of an Agreement of Purchase and Sale with Sergio DeProphetis, Victor Mancuso and Remo DeProphetis respecting the purchase of lands, being Parts 3 and 6 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -182 A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Part 12 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -183 A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Parts 4 and 7 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -184 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1720679 Ontario Limited respecting the purchase of lands, being Part 8 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -185 A by -law to establish part of Reserve Block 105 Plan 59M -316 designated as Part 1 on Reference Plan 59R -13809 as a public highway, to be known as and to form part of Kalar Road. 2008 -186 A by -lawto authorize an Application General to amend the register to release a Site Plan Agreement registered as Instrument Number RO420825. 8 2008 -187 A by -law to declare the following properties surplus: Ethel Street Plan 89 Stamford; Alem Street Plan 118 Stamford; Block A Plan 118 Stamford; Kenneth Avenue Plan 139 Stamford; Tad Street Plan 89 Stamford; Pew Street Plan 96 Stamford; Part Township Lot 141 Stamford as in BL107 being Pew Street; Jones Street Plan 100 Stamford; Glenholme Avenue Plan 44 Stamford lying north of Bellevue Street; Part Gra ham Street Plan 94 Stamford being Parts 2, 3 and 11 on 59R- 10309; Lot 39 Plan 318 Town of Niagara Falls; Lot 40 Plan 318 Town of Niagara Falls; Lot 41 Plan 318 Town of Niagara Falls; Lot 77 Plan 318 Town of Niagara Falls; Lot 174 Plan 308 Niagara Falls; Lot 175 Plan 308 Niagara Falls; Lot 286 Plan 308 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -188 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 -189 A by -law to require pre consultation on certain Planning Act applications in the City of Niagara Falls. 2008 -190 A by -law to amend By -law Nos. 79 -200 and 99 -104 and repeal By -law No. 2007 -196, to permit the construction of a 30 storey hotel and a 6 storey hotel in addition to the existing 10 storey hotel on the land at the intersection of Ferry Street and Victoria Avenue through Clark Avenue and to reinstate Tourist Commercial zone standards for lot coverage and building height on the land. (AM- 2008 -031) 2008 -191 A by -law to authorize the payment of 21,531,071.22 for General Purposes. 2008 -192 A by -law to authorize the execution of an Agreement with the Petrakis Family of the Golden Steer Restaurant respecting the Adopt -A- Street public service program for volunteers. 2008 -193 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3 day of November, 2008. NEW BUSINESS November 3, 2008 PD- 2008 -95 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj7alls Re: PD- 2008 -95 AM- 2008 -031, Zoning By -law Amendment Application 5950 Victoria Avenue and 5956 Clark Avenue Applicant: Niagara 21s Group Inc. (Cosmo Menechella) Agent: Rocco Vacca, Sullivan Mahoney Proposed 6 storey Hotel RECOMMENDATION: That Council approve the Zoning By -law amendment application to amend the site specific zoning applicable to the subject land to permit a 6 storey hotel in addition to the two hotels already approved and to reinstate the standards of the Tourist Commercial (TC) zone. That Council pass the amending by -law appearing in tonight's agenda to implement the amendments. BACKGROUND: Niagara 21' Group Inc. has requested an amendment to Zoning By -law No. 79 -200 for two parcels of land totaling 2 hectares (4.94 acres) in area, known as 5950 Victoria Avenue and 5956 Clark Avenue, as shown on Schedule 1. The applicant proposes to add a 6 storey, 124 unit hotel on the land, as shown on Schedule 2 and retain the zoning for the existing 10 storey Marriott Courtyard Hotel and a proposed 30 storey hotel. The land is currently zoned Tourist Commercial (TC -478) with site specific provisions permitting the existing 10 storey hotel and the development of a 30 storey hotel. Neither of the two approved hotels are required to have meeting rooms or restaurants nor is there a requirement to provide parking for such uses if they are part of a hotel. In 2007, Council extended this site specific zoning to include 5956 Clark Avenue. The applicant is requesting this site specific zoning to be amended to permit an additional hotel having a 6 storey height and to exclude a restaurant or meeting rooms within the hotel. In addition, the applicants'sFrequesting the standard TC zone provisions which allow a maximum lot coverage o>0%and a maximum building height of 12 metres (39.4 feet) to be reinstated ove„ entire site. 0 ee0P.01Eox 023 Niagara •Falls ON Canada L2E 6)6 905 356-7521 www:niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 Zoning to permit part or all of the required parking for uses on the site to be provided on the parking lot located at 5896 -6046 Dunn Street (west of Ailanthus Avenue) will be retained. Site Conditions and Surrounding Land Uses The 10 storey Marriott Courtyard exists on the north part of the site. The balance of the site is largely occupied by parking. Undeveloped portions of the site, along Clark Avenue, are intended to be used for parking until developed with buildings. Surrounding land uses are primarily tourist commercial and comprised of hotels, restaurants, attractions and souvenir stores. A parking lot currently leased to the Ontario Lottery and Gaming Commission lies to the south and a former rail corridor (proposed Grand Boulevard) lies to the east. Circulation Comments Regional Municipality of Niagara No objections. The proposal does not appear to affect any Provincial or Regional interests. Parks, Recreation and Culture 2 PD- 2008 -95 No objections. A landscape plan will be reviewed at the site plan stage. Cash in lieu of parkland will be applicable. City Clerk Applicant to contact Clerk's Division with respect to license requirements. Municipal Works No objections. Details of servicing and grading to be reviewed at the site plan stage. Traffic Services A traffic study has been submitted for the 30 storey hotel on the property but is not yet complete. This study is to include the proposed hotel and is to incorporate commentary on all valet service to the offsite (Dunn Street) parking lot. Legal Services, Fire Services No objections. November 3, 2008 Planning Analysis 3 PD- 2008 -95 1. The proposed amendment conforms with the Official Plan. The lands are designated Tourist Commercial in the Official Plan and are part of the Fallsview Subdistrict. The Fallsview Subdistrict is the primary location for large .scale accommodations, entertainment, retail and cultural attractions. Developments over 4 storeys in height are to be subject to a set of built form guidelines. These guidelines call for hotels to be developed with podiums built along adjacent streets to create a street presence, and a reduction in the building mass above the 4 storey (15 metres or 49.4 feet) to mitigate wind effects and ensure appropriate gaps between buildings are provided. The proposed 6 storey hotel conforms with the Official Plan as follows: The hotel is considered to be low rise and as such is permitted in the Fallsview Subdistrict. The site of the proposed hotel abuts lands identified fora Grand Boulevard. There is an opportunity to place restaurants and retail stores on the ground floor of the hotel in the future in order to provide a street presence along the Grand Boulevard when it is built. The height of proposed hotel will be about 18 -20 metres (59 to 66 feet) to the top of the 61h storey, plus a roof feature to add a distinct and interesting feature to the Niagara Falls skyline. The proposed hotel is only slightly taller than 15 metre limit for low rise buildings and still meets the intent of the design guidelines. 2. The requested zoning amendment is appropriate. The lands are zoned Tourist Commercial with site specific provisions (TC -478) which permit a 10 storey and a 30 storey hotel. This site specific zoning is requested to be amended to permit the proposed additional hotel. The requested amendment is appropriate as follows: The proposed height of the hotel (26 metres or 85 feet) is in keeping with the applicable design guidelines. The top 6 metres (19.7 feet) of the hotel is to be developed as a roof feature to improve the appearance of the hotel. The proposal is for a hotel which does not include a full restaurant or meeting facilities. This is similar to the other two hotels approved on the property. Given the nature of the hotel and the fact that restaurants are provided by the applicant on the subject lands and adjacent lands this request is acceptable. This is consistent with relief from providing a restaurant to two new, more basic hotels in the City. A minor reduction in the rear yard depth (setback from the southerly lot line) from 3 metres (9.7 feet) to 0 metres (0 feet) is requested to accommodate the siting of the proposed hotel. Only a corner of the hotel needs relief from this provision. November 3, 2008 4 PD- 2008 -95 3. Section 37 benefits. 4. Site Plan Control. Currently development of the site is restricted to the two approved hotels. The applicant is requesting the typical TC zone provisions that allow 70% of the site to be developed with buildings up to 12 metres (39.4 feet) in height be reinstated for the site for the balance of the lands. Reinstating these provisions that most other TC zone properties are subject to will allow a remnant portion of the site to be developed with buildings and structures. Siting of these future buildings could take advantage of the frontages that Clark Avenue, Victoria Avenue and the future Grand Boulevard offer and could function as a ground oriented podium. All projects above 4 storeys are required to contribute to streetscape improvements. The applicant has entered into a Section 37 agreement that requires the applicant to contribute to streetscape improvements for the Victoria Avenue, Clark Avenue and Grand Boulevard frontages of the property. It is recommended this agreement be revised to incorporate the construction of the proposed 6 storey hotel, prior to execution of a site plan agreement for this hotel. Staff recommend that the contribution to the streetscape improvements of either Clark Avenue or Victoria Avenue be provided when building permits for the 6 storey hotel are issued. The proposed hotel will be subject to site plan approval and a site plan agreement, through which matters of traffic circulation, servicing and grading, landscaping, lighting and waste disposal will be addressed. The proposed design of the site incorporates 3 different hotels that provide up to 660 rooms. It is anticipated that the valet service to offsite lots will generate a considerable number of traffic movements. Staff are concerned about on -site traffic congestion that may occur. In addition, there is expected to be considerable pedestrian traffic generated by the hotel rooms which will generate the need for sidewalks and crosswalks. To minimize traffic and pedestrian conflicts, staff will be reviewing on -site circulation at the site plan stage to see if improvements can be made. A traffic study for the site was initiated in 2004 in concert with the 30 storey hotel proposal, but has not yet been completed. To ensure traffic impacts on surrounding streets are mitigated, this study needs to incorporate the new hotel and needs to be completed prior to execution of the site plan agreement. CONCLUSION: 1. The Zoning By -law amendment application to permit an additional 6 storey hotel on the property, along with reinstating certain Tourist Commercial (TC) standards on the site, can be supported for the following reasons: The proposed height of 6 storeys is within the height strategy for the area. The hotel generally complies with the built form guidelines for such development and provides a presence on the future Grand Boulevard. November 3, 2008 2. It is recommended the Section 37 agreement applicable to the property be adjusted to incorporate the new hotel. Recommended by: Approved by: Respectfully submitted: 5 PD- 2008 -95 The reinstatement of the typical TC zone lot coverage and building height standards for the property will reflect development rights of surrounding properties. Alex Herlovitch, Dirfctor of Planning Development r rr Ed Dujl, Executive irector of Community Services John M.Sonald, Chief Administrative Officer AB:Ia S: \PDR12008 \PD- 2008 -95, AM -2005 -031, 5956 Clark Ave and 5950 Victoria Ave, Niagara 21st Group Inc.wpd Subject Land Schedule 1 LOCATION MAP z il r iip ai F as j OR5YtHE ST ISM SIM loss rit PRIflGt8T: w r4 FERRY ST_A P a y o 9 l 4 1< a is FERRY 5T to la ill fT v? C iR08 IN5 0 N 5T, ROBt ST RO81NSON!ST ii 1'�„ryriy`.i Z ODII City c+E ^Ins a Fa?i Amending the Zoning By -law No. 79 -200 Location: 5950 Victoria Avenue and 5956 Clark Avenue Applicant: Niagara 21st Group Inc. AM- 2008 -031 October 2008 Schedule 2 November 3, 2008 PD- 2008 -93 Nia araF CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -93 AM- 2008 -026, Zoning By -law Amendment Application 6005 Drummond Road Applicant: Vijay Kapur Agent: Wagar K. Baig Proposed Duplex Dwelling RECOMMENDATION: That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit a duplex dwelling on the lands subject to the standards recommended in this report. BACKGROUND: Vijay Kapur has requested an amendment to Zoning By -law No. 79 -200 for a 697 square metre (7500 square foot) parcel of land know as 6005 Drummond Road, as shown on Schedule 1. The applicant proposes to construct a duplex dwelling on the land, as shown on Schedule 2. The land is zoned Transition Residential Multiple, which does not permit a duplex dwelling. In 2006, Council approved a zoning by -law amendment application (AM- 24/2006) in principle to permit the dwelling on the land to be used as a cottage rental dwelling. The dwelling has since been demolished. The applicant is requesting the property be rezoned to Residential Single Family and Two Family (R2) to permit the construction of a duplex dwelling with a site specific reduction in lot frontage from 18 metres (59 feet) to 15 metres (49:2 feet) to recognize the frontage of the site. Site Conditions and Surrounding Land Uses The subject property is currently a vacant lot. The property is surrounded by a variety of residential dwellings, including a triplex dwelling to the north. The two properties to the south have approval in princiRI Council, to be used for cottage rental dwellings with two cottage rental units in e,oh dwelling. 43�10QueenStreet PO Boxe1023 NiagaraFalL. Canada .L2E6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 PD- 2008 -93 Circulation Comments Regional Municipality of Niagara Fire Services No objections. The proposal does not appear to affect any Provincial or Regional planning issues. No objection. An Unsafe Building Order and an Order Prohibiting Occupancy were placed on the former dwelling, but these have been lifted now that the dwelling has been demolished. Transportation Services No objections. The property will be subject to road widenings if placed under site plan control in the future. Municipal Works, Legal Services No objections. Planning Analysis 1. The proposal complies with the Official Plan. The property is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. Given the site's location on an arterial road and in close proximity to commercial facilities on Lundy's Lane as well as to schools and parks it would be suitable for redevelopment for low density townhousing and apartments if sufficient land could be assembled. Since land assembly is not currently an option, constructing a semi detached dwelling on the property is a reasonable alternative. The proposed semi- detached dwelling would be compatible in appearance, massing and setback with the surrounding single detached and converted dwellings that exist along this section of Drummond Road. Sufficient setbacks and ample landscaping will be provided. 2. The requested zoning is appropriate. The applicant has requested a zoning change from TRM to a site specific R2 zone to permit the proposed semi detached dwelling. The TRM zone is essentially a holding zone that permits existing uses to continue until appropriate forms of residential intensification are approved. The proposed semi detached use complies with most of the R2 lot standards and setbacks. The only adjustment is for a reduction in lot frontage to recognize the frontage of the lot. The site specific R2 zone will provide for a dwelling that is compatible with surrounding dwellings. November 3, 2008 3 PD- 2008 -93 Council had previously given approval in principle to an intensified use of the subject property, along with the two properties to the south, as cottage rental dwellings. The proposed duplex dwelling is similar in intensity to the duplex cottage rental dwellings to the south. The applicant has indicated he is no longer interested in operating a cottage rental dwelling on the subject lands. When a by -law to implement Council's earlier decision is presented to Council for passage, the subject land will be omitted from that by -law. CONCLUSION: The proposed semi detached dwelling complies with the Official Plan with respect to the location of multiple unit dwellings and is compatible with surrounding dwellings, therefore, the Zoning By -law amendment application to permit this dwelling can be supported. Recommended by: Approved by: Respectfully submitted: A.Bryce:la Attach. Alex Herlovitc Director of Planning Development Ed Duj xecutive Director of Community Services John Mjbonald, Chief AdministrativeIOfficer S:1PDR120081PD- 2008 -93, AM- 2008 -026, 6005 Drummond Road, Vijay Kapur.wpd Location; 6005 Drummond Road Applicant: Vijay Kapur Schedule 1 LOCATION MAP Amending the Zoning 8y -law No. 79 -200 AM- 2008 -026 October 2008 R ec DROMMOND ROAD W en r /i/ 0 cn V/ O al cal V a o C4 j L ,L o x r Schedule 2 November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Ni gara,Falls PD- 2008 -97 Re: PD- 2008 -97 26T -11- 2001 -04 (Revised), Public Meeting Miller Road Estates (South) Draft Plan of Subdivision Miller Road (South Side), West of Niagara River Parkway Owners: FKS The Real Estate People Inc. (Brian Sinclair) 1162641 Ontario Limited (Kathy Dudla) That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Subdivision. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. No decision is to be made with respect to approval of the subdivision at tonight's meeting. The property is located on the south side of Miller Road, west of the Niagara River Parkway, as shown on Schedule 1. The applicant proposes to subdivide the 15.09 hectare (37.29 acre) site into 12 estate -sized lots for single- detached dwellings and a block of land for stormwater management. The revised plan provides a looped street connecting to Miller Road in two locations. Schedule 2 illustrates the submitted subdivision plan layout. The City's Official Plan (Willoughby Township) designates the subject land Rural. The property is zoned Rural throughgbning By -law No. 395 -66. The applicant has requested changes to the Official Plne o is es a and Zoning By-law regulations to provide site specific p: 9 ecific Y 9 P p Seel :4310Queen Street PO Box 1023 Niagara Falls ON, Canada'L2E 6X5 905 -356 7521 w`ww.niagarafalls!ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 R. W ilson:mb Attach. requirements to permit the proposed estate residential plan. The related Official Plan Amendment and Zoning By -law Amendment applications (File AM- 15/2001) will be subject to further notice and a Public Meeting at a later date. Preliminary Review Based on a preliminary review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: 2 PD- 2008 -97 This proposal was on hold for several years pending a decision on Regional Policy Plan Amendment #161 to redesignate the site from Good General Agricultural to Rural. Final approval has now been received for this change. Amendments at the municipal level are required to implement the Regional approval. Official Plan policies and zoning provisions will be similar to those for the Miller Road Estates (North) subdivision. Block 13 is proposed for stormwater management but may not be required. Drainage from the subdivision is intended to utilize swales and roadside ditches to convey stormwater to Miller Road and then the Niagara River. Staff have discussed overall drainage concerns with area residents. The condition of existing ditches and culverts along Miller Road are being examined and leaves will be removed from the ditches more frequently. Improvements may be necessary to accommodate drainage from this subdivision. There is a woodland /wetland abutting to the west as well as a treed area in the northwest corner of the proposed subdivision. An Environmental Impact Study (EIS) is required to evaluate any potential impacts of the development on the woodland /wetland and recommend mitigation measures (eg. dwelling setbacks) and tree preservation on the site. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision and the related Official Plan and Zoning By -law Amendment applications. Recommended by: Approved by: Respectfully submitted: Alex Herlovit h, Director of Planning Development xecutive Director of ommunity Services 4 a/ 6-7,4 Joh (j acDonald, Chief Admini rative Officer S:1PDR120081PD- 2008 -97, Public Meeting. Miller Road Estates South Draft Plan of Subdivision.wpd Proposed Plan of Subdivision Miller Road Estates (South) 26T -11- 2001 -04 (Revised) Subject Land re A K: \GIS_Requests\ 2008\ Schedules\ SubdMslon\ MIIIerRd _Estates_South \mapping.map SCHEDULE 1 Location Map MILLER ROAD ESTATES (NORTH) N s Scale 1:NTS October 2008 SCHEDULE 2 Srp. 2008 9.19AM NIAGARA PARKS ENGINEERING No. 3781 P. 1 Niaara Parks Jim Williams Chairman Dear Sir: An amity of thi Oet.rnma MODUrk tint< AAA! Mr. Rick Wilson, MCIP, RPP Planner 2 Planning and Development Dept. City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Engineering Dave Gillis Phone: 905/356 -2241, ext. 260 Fax: 905/356 -7262 E -Mail: npcang@niagaraparks,com Yours truly, September 19, 2008 RE: MILLER ROAD ESTATES SOUTH, DRAFT PLAN OF SUBDIVISION CITY FILE 26T- 11- 2001 -04 (REVISED) Niagara Parks staff have reviewed this revised plan of subdivision and basically reiterate our comments of April 1, 2008. 1. We note that in the revised plan that Miller Road will be improved to Regional Niagara rural road standards between the Niagara Parkway and Willoughby Drive prior to any construction work on the subdivision is undertaken. The Niagara Parks Act and its regulations do not allow, except by permit, truck traffic/heavy vehicles to utilize the Niagara Parkway to access properties not adjoining the Niagara Parkway roadway. This not only precludes all construction traffic but all other trucks or vehicles over 5,000 kg, e.g.,: garbage trucks from using the Niagara Parkway, 2 The Miller Road, Niagara Parkway intersection shall be improved to Regional Niagara roadway standards complete with concrete curbs to cut down on damaged radii. 3 While the developers' engineer ensures us that storm drainage will remain at pre development levels The Niagara Parks Commission (NPC) still requires that legal documentation, surveys and drawings for stormwa ter easements In the name of the City of Niagara Falls for all outlets from this development across NPC lands to the river. Known locations include the end of Miller Road; the 6.0 metre easement at the south end of the development between 10705 and 10673 Niagara Parkway and the drain between 10611 and 10591 Niagara Parkway, The documentation shall be similar to the one used for Grandview River Estates, City By law 91 -246. Mr. Rick Volpini may be of assistance in this matter. The City shall employ a drainage engineer and environmental specialist to determine the capacity and structural integrity and environmental of the existing culverts, ditches and outlets as well as their environmental compliance to today's standards. The City shall also obtain all permits required by the Niagara Parks Commission, Niagara Peninsula Conservation Authority, Department of Fisheries and Oceans and Ministry of Natural Resources for stormwater outlets into the Niagara River. Sediment control devices are to be put into place and maintained during the construction phase of the development. 4. The developers shall also understand that no directional signage will be permitted on or adjacent to Niagara Parks lands for promoting or selling the lots /homes in this development. Dave Gillis, MCIP, RPP /cr Manager Planning Properti TILE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niaearanarks.com John Kernahan General Manager Niagara eari Region September 30, 2008 Files: D.11.M.11.24(26T -11- 2001 -04) Mr. Alex Herlovitch, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street, P.0. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Re: Regional and Provincial Review Comments Miller Road Estates (South) Plan of Subdivision (26T-11-2001-04) FKS The Real Estate People 1162641 Ontario Ltd. City of Niagara Falls Regional Development Services staff has reviewed the Miller Road Estates (South) draft plan of subdivision prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated July 29, 2008, which proposes the development of 12 single detached estate residential lots, 1 block, and the associated streets on a 15.09 hectare (37.29 acre) site. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development. Regional Comments PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905- 984 -3630 Tol I- free:1- 800 263 -7215 Fax: 905 -641 -5208 www. regional. n iaga ra. on.ca The subject property is located within the Rural Area for the City of Niagara Falls according to the Regional Policy Plan. The predominant use of lands in the Rural Area will be agriculture; however, some non -farm residential development may be permitted generally in the Rural Area. Residential development will be on large lots and dependant on private services. In accordance with policy 6.B.9 (9) of the Regional Policy Plan, the minimum lot size in the Rural Area where multiple lots are proposed should be 1 hectare unless a hydrogeological study determines that a smaller lot size is adequate. The minimum lot size in the Rural Area where multiple lots are proposed should be 1 hectare. The proposed plan of subdivision consists of 12 large lots ranging in size from 1 hectare to 1.6 hectares, which will be serviced by private sewage disposal and water supply systems. The Regional Public Health department has reviewed the proposal and has requested several conditions, which are listed in Appendix I. A review of the Region's Core Natural Heritage Map shows an Environmental Conservation Area (ECA), which represents the woodlands immediately to the west of the subject property. A small portion of the proposed subdivision falls within lands adjacent to the ECA designation (i.e. 50 metres). In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the NPCA shall be Building Community. Building Lives. RECEIVED OCT 032008 PLANNING responsible for the review and comment of all planning applications for impacts on the natural environment. The NPCA will provide Provincial and Regional comments under a separate letter to the City. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other agencies must be consistent with the Provincial Policy Statement 2005 and the Greater Golden Horseshoe Growth Plan. Regional Planning staff has reviewed the draft plan of subdivision in light of Provincial policy and has the following comments: Provincial Policy Statement and Growth Plan 2 The Greater Golden Horseshoe Plan contains policies that permit multiple lot residential development in rural areas in site specific locations that are zoned or designated for the development as of the date of the Growth Plan. The Provincial Policy Statement provides for limited residential development in rural areas. Individual on -site sewage and water services may be used to service private residences in rural areas provided that site conditions are suitable for the long -term provision of private services. Regional Policy Ran Amendment 161 designates the property a site specific Rural Area in the Regional Policy Plan. The proposed plan of subdivision will contain lots that will be serviced by private sewage disposal and water supply systems. The Regional Public Health department has reviewed the proposed servicing scheme and has no objections. The proposed development appears to be generally consistent with focus of the Provincial Policy Statement and the Growth Plan. Stormwater Management Stormwater management information submitted by Niagara Engineering, dated July 22, 2008, recommends the storm drainage system be comprised of roadside ditches, driveway culverts, and grassed swales. The majority of surface drainage from each lot will be directed to the rear yard swales which will flow to the roadside ditches and then discharge into the existing roadside drainage system on Miller Road. The report concludes that, since the lot sizes are large, lot level controls combined with a rear yard drainage system will provide sufficient quality and quantity stormwater control for the development. Low flow culverts are proposed for road side ditches to control the stormwater flow in the ditch and provide additional quality and quantity control and stormwater detention. The draft plan provides Block 13 for stormwater management. In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the NPCA will identify the need for and conduct technical review of stormwater management plans. The City should refer to comments from the NPCA in this regard. Culture An Archaeological Assessment, prepared by AMICK Consultants Ltd., dated January 2007 has been submitted to the Region and forwarded to the Ministry of Culture for their review and approval. A condition of approval has been included in Appendix I with respect to the clearance of resource conservation requirements. Conclusion 3 Regional staff has no objections from a Provincial or Regional perspective to the draft approval of the Miller Road Estates South plan of subdivision subject to the conditions requested in Appendix I. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Director of Development Services. Please send notice of the City's decision with regard to this application, Yours,truly, Sue Mabee Planner SM/ Attachments: Appendix I Recommended Conditions of Draft Approval Cc: Ms. S. Prowse, Ministry of Culture, London Mr. P. Bond, Niagara Peninsula Conservation Authority Mr. W. Stevens, Development Services Mr. B. Hunter, Regional Public Health 4 APPENDIX I Conditions of Draft Approval Miller Road Estates South Subdivision City of Niagara Falls File: 26T -11- 2001 -04 1. That no demolition, grading, or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Culture and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licensing and resource conservation requirements. 2. That prior to approval of the final plan, the applicant submit for review and approval of Niagara Region Public Health, a detailed engineering and drainage report that describes the storm water management techniques to be incorporated into the subdivision. Storm water must be directed away from the sewage system envelopes as well as an indication to the proposed methods for controlling and minimizing the effects of storm water on downstream areas during and after construction. 3. That prior to approval of the final plan, the applicant submit for review and approval of Niagara Region Public Health individual lot grading plans providing for a building envelope, a sewage envelope (including spare area) and backyard amenities envelope. The building envelope shall not be less than 370 square metres and the sewage system envelope, including spare area, shall have a minimum area of 2500 square meters. The grading plan, location of the building envelope, and the location of the sewage envelope shall meet the approval of Niagara Region Public Health. 4. The applicant shall submit on one plan or on a set of transparent overlays, all at the same scale, the following information to the satisfaction of Niagara Region Public Health: a. All the proposed lots and their sizes; b. Lot building envelopes, accessory building envelopes and sewage disposal envelopes including 100% spare area; c. The final approved grade plan; d. The final approved drainage plan; e. The staging formula (if applicable); f. The location and type of water supply. 5. That prior to approval of the final plan, the applicant submit to Niagara Region Public Health for review and approval, specific sewage system and septic bed designs including mounding calculations prepared and certified by a Professional Engineer for each lot in the subdivision. 6. That the subdivision agreement between the applicant and the City of Niagara Falls contain wording suitable to Niagara Region Public Health concerning the matters listed below: Clearance of Conditions a. A sewage permit is required for the septic sewage system on any building at from Niagara Region Public Health prior to any building permit being issued by the municipality, b. That no buildings, materials, or construction equipment except that necessary to build the sewage system shall be permitted within the sewage envelope including the spare area. This restriction shall be registered on title of each individual lot. Prior to granting final plan approval, the City of Niagara Falls must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: 7. That the drainage plan required in Condition 2 be implemented (under the supervision of a Professional Engineer) to the satisfaction of Niagara Region Public Health. Regional Municipality of Niagara for conditions 1 to 7 Subdivision Agreement 5 Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Public Works Department for verification that the appropriate clauses have been included. Note: The Regional Public Works Department recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revisions prior to execution. 10/06/2008 MON 11:49 FAX 905 788 1121 Nia. Cons. Auth. 4-3-, Niagara Falls PL /P' /EN (Zjj001 /002 �a NIAGARA PENINSULA CONSERVATION 250 ThmoId Road West, 3rd Floor Tel (905) 788.3135 Welland, Ontario L3C 3W2 f (905) 788.111, E-mail: npca @consercation.nlagara.oa.ca October 6, 2008 File MPR 6.9.118 Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street, Niagara Falls, ON 1..2E 6X5 Dear Sir: Subject: Application for Draft Plan of Subdivision, ZBA OPA Miller Road Estates South (Revised) 26T- 11- 2001 -04 Niagara Falls 6i Cn The NPCA has reviewed the above noted applications and support material provided and offers the following comments and observations to assist you in your review of this development. Application is being made to enable development of a 12 lot rural subdivision for single detached residential use. A block (block 13) has been included on the plan for stormwater management purposes. As a note, the draft plan drawing should be amended to specifically identify the land uses in the key (the stormwater block use is not identified). The NPCA's- review responsibility pertains to flood and erosion hazards under the Provincial Policy Plan (PPS), Natural Heritage issues on behalf of the Region of Niagara under the existing Memorandum of Understanding, and our regulation responsibilities in accordance with 0. Reg. 155/06. Our comments are made in this context, Stormwater Management Review: The NPCA has reviewed the 'Engineering Report Miller Road Estates South' (dated July 22, 2008) by Niagara Engineering as submitted in support of the above noted development. Based on our review, the following comments are noted: 1) Due to the location of the site within the watershed, the NPCA will not require that stormwater quantity controls be installed in the proposed development. 2) The NPCA will require that stormwater quality controls be implemented in order to treat stormwater runoff to an Enhanced standard prior to discharge from the site. The NPCA has no objections to the provision of grassed roadside ditches in order to provide for the required standard of stormwater quality control. RECEIVED OCT 0 6 2008 PLANNING 2 r\C \!rl 11CI.ACAIT 10/06/2008 MON 11:49 FAX 905 788 1121 Nia. Cons. Auth. •a-, Niagara Falls PL /PW /EN 0 002/002 2 3) Prior to construction, the NPCA will require that detailed grading, storm servicing, stormwater management, and construction sediment control drawings be circulated to this office for review and approval. Natural Heritage Environmental Review: Region of Ni gara: accordance with the Memorandum of Understanding between the Region and the Niagara Peninsula Conservation Authority (NPCA), Regional staff has reviewed the above noted application and have provided the following comments from a natural heritage perspective. The Region's Core Natural Heritage Map shows an Environmental Conservation Area, which represents the woodlot immediately to the west of the property (adjacent to lots 1,2,3 and 4). Development and site alteration may be permitted within an Environmental Conservation Area, or on lands adjacent to an Environmental Conservation Area, if it has been demonstrated that there will be no significant negative impact on the Core Natural Heritage System component or adjacent lands. The proponent would be required to prepare an Environmental Impact Study (EIS) to the satisfaction of the Region. Regional staff would recommend that the NPCA request the EIS as a condition of draft approval. NPCA staff note that the Regions environmental policies also require, that where development or site alteration is approved within the significant feature or its adjacent lands, the applicant shall submit a Tree Saving Plan, NPCA: The westerly lots (lots 1, 2, 3, and 4) lie within the identified boundary of a large unevaluated wetland. It appears as though septic beds and a proposed 3m wide swale are to be located within this area. These wetlands and the adjacent lands (within 30m) are subject to NPCA Regulation under our wetland policies. NPCA Regulations state that no new development and/or site alteration is permitted within a wetland, or within 30m of any wetland, unless it has been demonstrated that there will be no negative impacts on natural features or their ecological functions. Development proposals may require the completion of an EIS or similar study and should utilize all opportunities for the protection and rehabilitation of the wetland feature. In light of the Regions comments noted above and the NPCA's wetland regulations, an EIS will be required for review and approval by our office. The EIS should focus on impacts to the adjacent lands of the significant woodland, the wetland and its adjacent lands. Further, the EIS should provide specific comment on the location of lot lines, buffer setbacks, mitigation measures to reduce encroachment the need for aTree Savings Plan, and whether the proposed swale will have a negative impact on the hydrology of the wetland. Summary: Given that recommendations of the EIS may impact the lot fabric and building envelopes within the plan (and consequently the zoning and official plan designation), the NPCA would recommend that the city defer the draft plan application, zoning bylaw amendment and Official Plan amendment until the study has been completed and reviewed by the relevant agencies. Once we have reviewed the EIS, the NPCA will be able to complete our review and finalize our comments on the proposal. Yours truly, Paul Senior Watershed Planner Niagara Peninsula Conservation Authority cc: Sue Mabee, Regional Niagara Development Services Division November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagarafalls CANAnA Re: PD- 2008 -98 26CD -11- 2008 -07, Draft Plan of Condominium (Conversion) 7591 Scholfield Road (South Side), East of Mewburn Road Owner: Panoramic Properties Inc. (Angelo Butera) PD- 2008 -98 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: The applicant proposes to convert the existing 30 -unit rental townhouse development to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g. driveways, visitor parking and open space) shared by the condominium corporation. The property is.on the south side of Scholfield Road, east of Mewburn Road and the QEW, as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants re ardin #the proposed osed condominium conversion. 9- -�.g' p P •4310 Queen Street P. Box 1023 Niagara Falls, ON,.tanada L2E 6X5 905- 356 -7521 www.magarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 2 PD- 2008 -98 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Rents cannot be increased based on the conversion to condominium ownership and are regulated by Provincial guidelines. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2007. The data indicates a vacancy rate of 6.9% for all surveyed townhouse units in Niagara Falls. The CMHC figures exceed the Official Plan three percent vacancy rate threshold and have risen from a total City rate of 4.7% for townhouses in 2006. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The building contains 30 units with three bedrooms each. The applicant estimates that the selling prices for the for the proposed condominium units will be in the range of approximately $110,000:00 which would provide additional affordable housing in the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. The vacancy rate throughout the major urban centres of Niagara is 5.1% for all townhouses. On this basis, the Region is not opposed to the conversion of the townhouse development. Site Assessment The townhouse development was constructed in 1983. The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By- law No. 79 -200 and is also subject to By -law No. 79 -135. There is.a registered site plan agreement on the land from 1982. Although compatibility with the surrounding properties has been established over the years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and to formally recognize any acceptable zoning by -law deficiencies. The existing dwelling unit setbacks and parking spaces provided comply with zoning by -law standards and the approved site plan. The developer is undertaking building renovations and installing patio areas for the units. It is understood that new driveway curbing and November 3, 2008 3 PD- 2008 -98 asphalt paving are planned for next Spring. There are sections along the south property boundary that do not have privacy fencing and this should be installed to match the balance of the site. The designation of a fire access route through the development is required. The Region advises that the owner entered into an Indemnity Agreement with Regional Niagara in 2006 and the site is currently serviced by curbside waste collection. The and is within a registered plan (Sunnyside Subdivision, 59M -85, 1980) and all parkland requirements were addressed through the initial subdivision process. CONCLUSION: The proposed conversion of the existing townhouse development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. S:1PDR1.2O081PD- 20D5 -95, 26CD -11- 2008 -07, 7591 Scholfield Road, Draft Plan of Condominium.wpd Alex Herlovitch, Director of Planning Development ujlovic, Executive Director of Community Services MacDonald, Chief Ad nistrative Officer November 3, 2008 4 PD- 2008 -98 APPENDIX Conditions of Draft Plan of Condominium Approval Approval applies to the 7591 Scholfield Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated June 18, 2008, showing a townhouse development containing 30 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer construct wood privacy fencing along the southerly limit of the property to match the existing perimeter fencing on the site. 5. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 6. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 7591 Scholfield Road 26CD -11- 2008 -07 Subject Land SCHEDULE 1 Location Map MQUMTATA rteY N 0 so ps 1' vilitragfr i L s" eft zti m HIE .11ililU;.1' 11!11111111111111 ;111111111111f11111� co c, r 1111111111'i11 IIIIIDtrillerft iltril el 1111 It 1.11lllll1{I11111 ir J irr October 2008 SCHEDULE 2 Niagara el Region September 17, 2008 Files: D.11.M.11.24 (26CD -11- 2008 -07) Mr. Alex Herlovitch, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Re: Regional and Provincial Review Comments Draft Plan of Condominium (26CD -11- 2008 -07) 7591 Scholfield Road City of Niagara Falls Building Community. Building Lives. PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905- 984 -3630 Toll- free:1 -800- 263 -7215 Fax: 905- 641 -5208 www.regional.n iagara.on.ca Regional Development Services Division staff has reviewed the information circulated for the above noted proposed draft plan of condominium. The purpose of the draft plan of condominium is to convert the tenure of the existing 30 unit townhouse complex from rental to condominium ownership. The subject property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, the Provincial Policy Statements, and the Greater Golden Horseshoe Growth Plan all contain policies which encourage the provision of an adequate supply and range of housing, including affordable housing. The conversion of rental units to condominium ownership has the potential to adversely affect the supply of affordable housing. Accordingly, Policy 5.37 of the Regional Policy Plan states that Regional Council will not support the conversion of rental accommodation to condominium ownership where, in its opinion, the proposal will adversely affect the supply of affordable rental housing. A vacancy rate of 3 percent is considered desirable. 1 Ji.147 The 2007 Canadian Mortgage and Housing Corporation (CMHC) Rental Market Report for the St. Catharines Niagara Census Metropolitan Area (CMA) indicates that the private apartment vacancy rate within the CMA is 4.0 percent. According to the CMHC report and some observations of the general housing market in Niagara, the vacancy rate for private apartments in the CMA is expected to remain at 4.0 percent. Given that the vacancy rate for apartment units in the CMA is above the 3% required by the Regional Policy Plan, the proposed conversion of 30 units should not advers f 1,,,p RECEIVED 1 PLANNING DEVELOPMENT 2 the regional vacancy rates. In this regard, Regional Development Services staff offers no objection to the proposed condominium conversion. Regional staff notes that the property owner entered into an indemnity agreement with the Region in 2006 and the property is currently being serviced by curbside waste collection. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner. Please send notice of the City's decision with regard to the applications. Yours truly, Sue Mabee Planner SMI Cc: Mr. W. Stevens, Regional Public Works Z:IMSWORD\SM1NIAGARA FALLS \CondolCD -11- 2008 07.7591 Scholfield Condo Conversion \Com ments.doc Hydro One Networks Inc. Facilities Real Estate P.O. Box 4300 Markham, ON L3R 5Z5 www.HydroOne.com Couriers 785 Clegg Road Markham, ON L6G 187 cc October 3, 2008 Mr. Alex Herlovitch Planning and Development City of Niagara Pails 4310 Queen Street P.O. Box 1023 Niagara Falls, ON, L2E 6X5 Dear Mr. Herlovitch hydroe one Draft Plan of Condominium Panoramic Properties Inc. (Angelo Butera) 7591 Scholfield Road City of Niagara Falls Subdivision File: 26CD- 11.2008.07 Please be advised that the transmission corridor lands affected by the proposed development and identified as such herein are subject to a statutory right in favour of Hydro One Networks Inc. Hydro One has no objection to the conversion of this existing development. We trust this is satisfactory, If you have any questions please call me at the number below at your convenience. Yours Truly Lama Giutna Real Estate Assistant Real Estate Services Hydro One Networks Inc. 905- 946 -6235 Main: 1- 888.231 -6657 Patrick Grace Ontario Realty Corporation for MPIR SLt6c Ib'IS(Ct1 RECEIVED OCT 07 2008 PLANNING DEVELOPMENT Low Voltage Rights: 1 -800. 387.1946 November 3, 2008 PD- 2008 -89 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -89 Revised Infrastructure and Streetscaping Improvement Program within the Historical Drummondville CIP Area RECOMMENDATION: That Committee support the revised infrastructure and streetscape improvement program for the Historical Drummondville CIP area and that the proposed budget be referred to capital budget for discussion. BACKGROUND: The City's Engineering Division has been working over the past few years to provide the necessary stormwater outlets in order to proceed with the separation of the combined sewers in the Main and Ferry Street areas. As part of the City's 5 -year capital budget, a sewer separation project plan was adopted with projects to be carried out on Ferry Street in 2009, Robinson Street in 2010 and Allendale Avenue in 2011. It was also the plan that the existing watermains on these streets would be either replaced or upgraded to improve the overall systems. Through this report, staff is proposing to reprioritize the sewer separation works along Robinson Street and Allendale Avenue in order to pursue watermain replacement and streetscaping along Main Street in 2009. The sewer separation along Ferry Street will proceed together with the streetscape improvements. The current and recommended revised budget of capital works improvements, with phasing and costs, are shown in Appendix 1. Streetscape Improvements a) Main Street NiagarafaIls C A N A U One of the major recommendations in the Historical Drummondville CIP was to carry out streetscape improvements along Ferry Street and Main Street. Conceptual Urban Design Guidelines were prepared as part of the CIP and they are being used as a guide in preparing streetscape plans. The Main Ferry BIA retained Paula Berketo Landscape Architect and Stempski Kelly Associates Inc. in the fall of 2007 to provide a more detailed Streetscape Plan. This plan was supported by the Bl4 early in 2008, and the BIA requested that the streetscaping nad '9370 Que 5f reet+PO :B� t9Z3 N_ia .9'[ a ra Falls ONcVT a g a IL2E;6X5 9 05- 356 752i wwwriia arafalis.ca y'� ^4* tinva. aF -1 ox u' Fu 4 Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 -2 PD- 2008 -89 for Main Street (from Ferry Street to Robinson Street) be implemented as soon as possible. It is their desire to have as much of the public realm improvements in place prior to the War of 1812 Bicentennial celebrations in 2012. Although not previously scheduled, improvement works along this section of Main Street should now be included in the current 5 -year capital budget. In examining other infrastructure needs along Main Street, it has been identified that the existing watermain is old cast iron pipe built in the 1800's and it is in need of replacement. The storm and sanitary sewers were separated in 1983 and therefore, no sewer work is necessary along Main Street. However, the roadway (asphalt overlay) and sidewalks are in need of repair and improvement. The projected cost for the infrastructure and streetscape improvements along Main Street is $1.2 million. The BIA has advised that they will provide a $200,000 contribution toward streetscaping work and a further commitment of $50,000 annually until the streetscaping is complete. A typical cross section of Main Street is shown in Appendix 2. Main Street between Robinson Street and Stanley Avenue will require watermain replacement, road reconstruction and streetscaping. This area has not been discussed for improvement and will be subject to future capital works. Also, Main Street from Ferry Street north has not been designed or scheduled for improvement. Further sewer separation works are necessary, including proper storm sewer outlets before this area could proceed. b) Ferry Street The CIP also identified the need for enhanced streetscaping on Ferry Street. It is proposed that improvements along Ferry Street occur in two phases in order to accommodate the Main Street watermain replacement and streetscaping in 2009. The first phase of Ferry Street will be from Temperance Avenue to Stanley Avenue and is projected to cost $1.9 million. This work is also scheduled to take place in 2009. The nature of the streetscaping in this area will be to increase the pedestrian sidewalks from 2.4 metres to 3.5 metres in width. The area closest to the road will include a banding of stamped concrete and area for street lamps, street trees and furnishings. Parking will be retained along the street and there will be a tapering of the walkway approaching the intersections of Ferry with Main Street and Stanley Avenue. Atypical cross section of Ferry Street is shown in Appendix 3. The Region has delayed their commitment to asphalt overlay Ferry Street to meet with the City's proposed reconstruction schedule. The second phase of the proposed improvements along Ferry Street between Temperance and Main Street would be scheduled for 2010 at a cost of $1.4 million. An additional $200,000 is proposed for improvements at the intersection of Main and Ferry, as required. c) Lundy's Lane Lundy's Lane from Main Street to Drummond Road has been identified for improvement in 2010/2011 at a cost of $920,000. The watermain and sanitary sewer have been identified for replacement /repair. The Region will pay for the cost of the asphalt overlay and a portion of streetscaping will be covered by the Main and Ferry BIA. November 3, 2008 3 PD- 2008 -89 Revised Schedule The majority of the design work for Ferry Street has been completed. The surveying and design work for Main Street from Ferry Street to Robinson Street needs to begin in the near future. By reorganizing and rescheduling the Ferry Street work and deferring sewer separation along Allendale Avenue and Robinson Street, staff is able to recommend that the Main Street component occur in 2009. The financial contribution from the Main and Ferry BIA is a significant benefit and it is also hoped that the City may obtain a further $100,000 contribution in 2009 from the Region under their Public Domain Incentives Program. An application will be made to the Region under this program once Council has endorsed this work program. CONCLUSION: Considerable infrastructure and streetscape works are necessary and desired in the Historic Drummondville area. It is hoped that much of the work will be completed in time for the commemoration of the War of 1812 in the year 2012. Staff has met with the Main and Ferry BIA and they are supportive of the proposed schedule and streetscape designs. Attached as Appendix 4 is a letter from the Main and Ferry BIA confirming their support of the revised scheduling. Recommended by: Recommended by: Approved by: Respectfully submitted: Bob Bolibruck /Kent Schachowskoj Attachments Geoff Holman, Director of Municipal Works Alex erfovit h, Dire to of Planning Development Ed Dujlovic, Executive Director of Community Services Chief Administrative Officer V:12008000NCIL10811031PD- 2008 -89, Proposed Infrastructure Streetscape Improv.for Historic Drummondville CIP.wpd to co o ea a. al o. ea Z 0 0 k co CI- CO 69 0 ca 69 CO 69 69 d CO 69 To 0 CO tO CO co co 69 69 69 To ca To co 69 c o co oC tO a 0 co te 69 2 69 69 0 0 0 To co 69 0) o 3 2 cis ma 5 g2 c CT ki To' o. 2);: f lKo-o B ;0 (0 2E -1 ){t 0 77 c ;l j8 ;(;±2 2\2 \f ƒ( 2 ,r 50) 0 5 f, EEEEE 0a f a 7 E a rm 2 ,e -2 2° 0 3 .c in CD y N os \0 ,ee /7348!) 0 0 7 2; l,m 00 10 00 C C 652 Proposed (Revised) Budget to Include Main Street Works Monday, October 20, 2008 Funding Sources Streetscaping Robinson St 1 uuu yon b 1,605,000 1,200,000 R onn nnn 5,700,000 Streetscaping I uuu SU 65,000 105,000 35 nnn 290,000 000 0£Z 400,000 260,000 95.000 985,000 220.000 I 170,000 300,000 270,000 000`096 tiepueS 215,000 1 165,000 I$ 265,000 uuo ;S I 500,000 240,000 Roads 000`94 565,000 535,000 235,000 JeaA I6o I 2010 2009 2010/2011 IVIHL 01 Stanley Ave Tem .erance Ave Robinson St Drummond Rd w0Jd i em.erance Ave Main St Fe St Main St 4a011g -�I I rerry a[ Ferry St Main St Lundy's Lane to co o ea a. al o. ea Z 0 0 k co CI- CO 69 0 ca 69 CO 69 69 d CO 69 To 0 CO tO CO co co 69 69 69 To ca To co 69 c o co oC tO a 0 co te 69 2 69 69 0 0 0 To co 69 0) o 3 2 cis ma 5 g2 c CT ki To' o. 2);: f lKo-o B ;0 (0 2E -1 ){t 0 77 c ;l j8 ;(;±2 2\2 \f ƒ( 2 ,r 50) 0 5 f, EEEEE 0a f a 7 E a rm 2 ,e -2 2° 0 3 .c in CD y N os \0 ,ee /7348!) 0 0 7 2; l,m 00 10 00 C C 652 Proposed (Revised) Budget to Include Main Street Works Monday, October 20, 2008 Funding Sources Streetscaping Robinson St 0 0 0 P LL 0 O C N 0 0 a O0 P e z z J a 0 CC a 0 u 0 0 0 z 0 0 rc 0 LL 0 K o. z z a J a z z u 0 O uJ F CO Z 0 0 U W U N N O U I- 0 W ce 0 F- CC w wa 0 2 0 a. 0 O 0- a J 0 U z 0 LL W Z Z m z z U W J in N OWO E co a m 0) W W O Z g w a 0 CO E W 0) co N a1- m 0 Lu Q 0 m O w O W N 1 j O o N z K 0 0 MAIN FERRY BUSINESS IMPROVEMENTASSOCIATION 6060 MAIN ST. NIAGARA FALLS, ONT. L2G 5Z9 October 21, 2008 Mayor Salci and Members of City Council 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 Dear Mayor Salci and Members of Council, The Main and Ferry Business Improvement Association is in full support of the proposed Main and Ferry area Capital Works Improvement plan and phasing as presented by City staff at our October 15, 2008 Board meeting. The Main Ferry area is in dire need of repairs to our sidewalks, sewers, water mains and roads. One merchant recently was forced to close his business for two weeks due to a failure of the City's infrastructure. As well, there is at present virtually no streetscaping to make our area inviting. In 2004, the BIA developed strategic priorities for the economic revitalization of this area. At that time, we identified streetscape improvements as a key priority. We therefore hired a landscape architect to design a streetscape plan. Additionally, we have committed all of our BIA levies, for the last four years, towards the costs of streetscaping. We have budgeted $200,000 towards streetscaping the Main and Ferry area, with the goal of having this work completed before 2012. We recognize that streetscaping alone will not revitalize our area. However, it makes sense to implement needed Capital Works improvements in an area which expects to see an influx of War of 1812 Bicentennial visitors in a few years, and where there are plans to redevelop the Market Square and Museum in the near future. The phasing presented to us on October 15 will permit the necessary infrastructure projects and streetscaping to all be completed in time for the Bicentennial Celebration. We ask City Council's support for the proposed Capital Works Improvements and phasin so that our streetscaping can be completed on schedule. u Ann Nieuwesteeg Chair Main and Ferry BIA November 3, 2008 PD- 2008 -96 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -96 CB &FIG 2008 -018, Revised Facade Commercial Building Improvement Grant Application 4675 Queen Street Dominic Musitano, UFCW Local 102 RECOMMENDATION: Niagara,Falls 1. That Council approve a revised application for a Facade Improvement and Commercial Building Grant for a total of $20,000 subject to meeting the program requirements including the entering into an agreement with the City. 2. That if Council approves the revised application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade and commercial building improvement. BACKGROUND: At the last Council Meeting on October 6, 2008, a facade improvement application was approved for 4675 Queen Street. A location map of the property is shown in Appendix 1. It has since been learned that the owners are planning to carry out interior renovations and would be eligible for a $10,000 grant under the City's Commercial Building Improvement. They did not realize the extent of structural items that are eligible as part of the City's grant. The City has received a revised application from Dominic Musitano which highlights the commercial building improvements. The interior improvements will be in the order of $70,000 to $80,000 with the construction of washrooms, meeting and training rooms and offices. The eligible building improvement costs involve extensive electrical, plumbing and heating systems. The proponent is completing the facade work which is estimated to cost $35,000 to $40,000. The improvements will enhance the appearance of the current building and satisfy the current Urban Design Guidelines for Downtown. Although the facade improvements were approved previously, staff would now like to request Council's consideration in approving the commercial building component. If the revised application is approved, there would be on€agreement and one cheque issued upon the completion of the improvements. 310 QueenSireet P O�Box1023 NiagaraFalls'ON;Canada,L2E6X5 905- 356 7521' www.niagarafalls.ca S LS: F4ae Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 2 PD- 2008 -96 CONCLUSION: The facade improvements for 4675 Queen Street have been approved by Council. The applicant did not realize the extent of commercial building improvements that were eligible under the structural component of the grant application. There are interior structural items that are eligible under the City's grant program and staff supports the approval of the revised application. Recommended by: Approved by: Respectfully submitted: B.Bolibruck Alex Herlovitch, D' ector of Planning Development Ex ut Ed DujI�vic, ive Director of Community Services Aylyi Ken Burn, Executive Director of Corpo ate Services S:IPDR120081PD- 2008 -96, Revised Facade and Commercial Building Improvement Grant 4675 Queen Street.wpd X_ 0 Z W 3- 3- .4-' Q November 3, 2008 PD- 2008 -92 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -92 Review of Off -Site Parking for Hotels within the City's Tourist Areas RECOMMENDATION: That Council receive this report for information. BACKGROUND: Niagara,Falls In March of this year, Council approved two proposals for hotel development requesting off -site parking. The City's Official Plan encourages all required parking for hotels in the tourist area to be provided on site through the use of on -site parking lots or parking garages. Council approved the requests for off-site parking, and Planning staff were directed to revisit the Official Plan Policy and prepare a joint report with Transportation Services. The City is also undertaking a Transportation Master Plan that will address planning issues and funding opportunities for future parking facilities within the tourist area. Staff requests that this report be received and Council await the recommendations of the Transportation Master Plan as it relates to off-site parking for hotels. Current Off -Site Parking Profile Off -site parking for hotels remains the exception to the norm. Of the 77 listed hotels /motels (2008 Yellow Pages) in the City, only 14 have approvals for off -site parking (see Appendix 1). During the 15 year period between 1984 to 1999, Council approved only 4 applications for off -site parking lots located between 15.2 metres (50 ft) and 61.0 metres (200 ft) from the hotel site. These tended to be self -park lots within easy walking distance of the hotels. In more recent years the number of applications for off -site parking lots has risen and the distance between the off -site parking lots and the hotel properties has increased significantly. This is evidenced by 2 off -site parking lots approved in 2007 alone. In these cases, the distances ranged between 762.0 metres (2500 ft) and 1424.0 metres (4672 feet).Patrons no longer self -park in this distant locations, but rely on a valet service provided by the hotel, ti✓ik a iri x, ra 4310 Queen y '3}4 Street PO Box 1023' Niagara Falls'ON Canada .L2E 6X5' 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 The amount of off-site parking varies between providing a low of 9 percent of the required spaces off-site to a high of providing 100 percent of the required parking off -site. Only 2 hotels provide 100 percent off-site parking being the Marriott Hotel which has a historic approval which dates back to 1960's and extended in 2000 and the Hampton Inn at Fallsview Boulevard and Dixon Street granted by City Council in 2007. On average, the hotels provide 54% of the parking on -site and 46% of the parking off -site. Issues Related to Off-Site Parking for Hotels With the increase in high rise hotels requiring valet service to shuttle cars between the hotel and parking area, we are seeing certain issues arise including an increase in traffic congestion (particularly during the 11:00 a.m. to 1:00 p.m. time period), need for road and intersection improvements, lack of vehicle storage at the entrance of hotels resulting in the stacking of cars on the traveled portions of the road and reports of speeding valet drivers. A review of the issues will be part of the work carried out by the consultant's hired to complete the Transportation Master Plan. Transportation Master Plan Transportation Services staff recently released the Terms of Reference for the preparation of the Transportation Master Plan. A consultant will be hired and the Master Plan prepared over the next 18 months. The Terms of Reference contains requirements to review infrastructure impacts related to hotel valet services and off-site private parking facilities. The Master Plan will also propose a parking policy and guidelines for off -site parking facilities for hotels in the tourist core and develop a parking strategy and implementation plan with specific requirements for establishing municipal parking facilities. A key to this work will be the examination of certain funding sources such as cash in lieu policy, public /private partnerships and Section 37 of the Planning Act. CONCLUSION: This report to Council is provided as an update on work undertaken by staff, issues around off -site parking approvals and next steps in the process. The Transportation Master Plan will address the land uses issues that have arisen as a result of off-site parking facilities for hotels and the funding mechanism by which parking facilities can be developed. In the meantime, any future applications will be deajt with on a site by site basis with regard to the current situation. Recommended by: t Recommended by: Approved by: Respectfully submitted: 2 PD- 2008 -92 Karl Dren, Dire tor of Transportation Services B.Bolibruck Attach. S: \PDR\20081PD- 2008 -92, Review of Off -site Parking for Hotels in Tourist Areas.wpd of Planning Development Ed D 'lovic, xecutive`6irector f Commun' y Services MacDonald, Chief Administrative fficer Date of Applica tion Name and Address of Hotel Distance from Hotel to Off- site location of Pkg spaces on site of Pkg spaces off- site Total of Required Spaces 1984 Days Inn 61m 40 (45 51 (56 91 5943 Victoria Ave (200 ft) 1989 Ramada Fallsview 36.6m 89 (22 309 (78 398 (2008) Renaissance (120 ft) 6455 Fallsview Blvd (Fallsview Plaza) 1990 Fireside Inn 39.9m 21 (30 47 (70 68 4067 River Rd (131 ft) 1999 Quality Inn 15.2m (50 ft) 16 (15 90 (85 106 5257 Ferry Street 1999 Sheraton Fallsview 30.5m (100 ft) 270 (41 102 (11 662 6755 Fallsview Blvd 2000 Hilton Hotel 244m 30.5m 865 (89 378 (82 964 (2008) 6361 Fallsview Blvd (800 ft 100ft) 2000 Embassy Suites 198m 762m 302 (90 35(10 337 6700 Fallsview Blvd (650 2500 ft) 2000 Marriott Hotel 198m 762m 0 296 (100 296 ext) 6740 Fallsview (650 2500 Blvd ft) 2000 Minolta Tower 305m (1000 ft) 3 (6 48 (94 51 6732 Fallsview Blvd 2000 Radisson Hotel 213m (700 ft) 231 (91 22 (9 253 6733 Fallsview Blvd 2002 Double Tree Lodge 52m (170ft) 243 (84 46 (16 289 6039 Fallsview Blvd 2007 Springhill Suites 1424m (4672 258 (61 167 (39 425 5950 Victoria Ave ft) 2007 Hampton Inn 762m (2500 ft) 0 234 (100 234 6505 Fallsview Blvd 2008 Westin Hotel 512m (1680 ft) 94 (28 235 (72 329 5382 Robinson St 2,4321 2,074 4 06 "Average t .9 g 54% E jff 46% 1. November 3, 2008 -3 Appendix 1 Zoning Applications Approved for Off -Site Parking 1984 -2008 PD- 2008 -92 November 3, 2008 PD- 2008 -94 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario N agarafalls Members: Re: PD- 2008 -94 Preconsultation on Certain Applications Under the Planning Act RECOMMENDATION: That Council approve the preconsultation by -law on this evening's agenda. BACKGROUND: The Planning and Conservation Land Statute Law Amendment (Bill 51) introduced changes to the Ontario Planning Act including the option for Council to require preconsultation between applicants and the City as part of a complete application for an Official Plan or zoning amendment, plan of subdivision, site plan or consent. Through Planning Report PD- 2008 -13, Staff recommended that preconsultation be made a condition of a complete application so that applicants can be advised by Staff early in the process of what is necessary for the application and the costs of the work involved. This would result in a better quality proposal and thus fewer delays at the review and decision making stages. Preconsultation involves a meeting, either.formally or informally, between staff and a proponent where details of a proposal are provided to the Planner and, in return, an outline of which reports and studies are required through the Planning Act regulations and the City's Official Plan to constitute a complete application. Where an application is considered to be minor in nature, the Director of Planning or his delegate, may waive the requirement for a formal meeting. Council must adopt a By -law to require preconsultation and a policy must be included in the Official Plan to include preconsultation as part of a complete application: The Region recently approved the City's Official Plan Amendment #76 which adds a policy to t Official Plan to require preconsultation as part of a complete application. 4310QueenStreetIPOEBox21023 NiagaraiFalls ON Canada .L2E6X5 -905 -356 -7521 www:niaga rata lls.ca. Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 2 PD- 2008 -94 Recommended by: Approved by: Respectfully submitted: F.Berardi:mb By-law 2008-164 was approved by Council on September 22, 2008 to require preconsultation as provided for under the Planning Act for Official Plan and Zoning By-law Amendments, draft Plans of subdivision or condominium and consents to sever. The By -law on this evening's agenda adds the requirement for preconsultation for applications for site plan control. Alex Herlovitch, Dire r of Planning Development Ed Dujlovic, Exec John Ma S:IPDR120081PD- 2008 -94, AM- 2008 -013, Preconsultation.wpd v irector of Community Services nald, Chief Administrative Cffficer November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -99 Appeal of Committee of Adjustment Decision Consent Application B- 2008 -050 Applicant: Joe Kekic (Agent Brian Sinclair) Ort Road Reixinger Road RECOMMENDATION: Niaga afaIls C A N A D A PD- 2008 -99 That Council authorize staff to file an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application B- 2008 -050 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. BACKGROUND: The applicant owns 0.946 hectares (134 acres) of land located at the southwest corner of Reixinger Road and Ort Road (see the attached Surveyor's sketch). An application for severance was submitted to the City's Committee of Adjustment to split the property into two building lots for rural residential use Part 1 (0.472 hectares /1.17 acres) of vacant land and Part 2 (0.474 hectares /1.17 acres) of vacant land. The applicant's family received approval in 2005 to create two rural residential lots (including the subject land) from their overall property prior to current planning policies. The Committee of Adjustment considered the application at a Public Hearing held on October 21, 2008. The City staff report to the Committee recommended the application not be approved for several reasons. The property is part of a broader area classified as prime agricultural land by the Province of Ontario. The Provincial Policy Statement (PPS) prohibits the creation of new residential lots in prime agricultural areas unless for the purpose of severing a surplus farm dwelling. The City's Official Plan designates the subject land Good General Agricultural Special Policy Area #8. The Province mandates that municipal policy must be consistent with the PPS. Accordingly, the Official£Plah policies do not permit the creation of new separate lots 10,QueenStreetjPO,Box1023., Niagara Falls ,ON' ,.Canada L2E6X5'.,905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 for non -farm residential dwellings. Special Policy Area #8 further identifies the lands as within an area being examined for future urban development potential as part of the Region's Growth Management Study. The lands are designated Rural in the Region's Policy Plan and are also subject to Regional Policy Plan Amendment #170. This amendment established the Willoughby Study Area to examine the appropriateness of future urban development. In this area, Regional policies do not permit individual consents /severances for residential purposes on lots having an area less than 10 hectares (25 acres). The Region also provided a letter to the Committee stating that staff cannot support the application on the basis of their policies. The City report, Regional comments and presentation of the applicant's agent were considered by the Committee. Following lengthy discussion, the Committee granted approval to the application. The reasons stated for their approval were that this was a unique situation, the land was not suitable for agricultural use in the Committee's opinion, it was an infill proposal and the lot sizes satisfied zoning standards. The Planning Act allows an appeal of the Committee's decision. Approval of the application is clearly contrary to the governing planning documents. The Committee's decision could set an inappropriate precedent. Staff is recommending that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board as it is does not conform to local, regional and provincial planning policies and is contrary to good land use planning. The last day for filing an appeal is November 17, 2008. CONCLUSION: The Committee of Adjustment's approval of Consent Application B -2008 -050 does not comply with the Provincial Policy Statement, is contrary to the Niagara Falls Official Plan, does not comply with the Regional Policy Plan and does not constitute good land use planning. This decision could set an inappropriate precedent. Therefore, the Committee's decision should be appealed to the Ontario. Municipal Board. A copy of this report has been provided to the applicants agent. Recommended by: Approved by: Respectfully submitted: AH /RW:gd Attach. Alex HerlovitcJ Director of Planning Development 2 PD- 2008 -99 ujlovic, xecutive Director of Community Services MacDonald, Chief Administ ative Officer S:VPDR120081PD- 2008 -99, Appeal of Committee of Adjustment Decision, B- 2008 -050, Kekic.wpd 0 0 0 to z U 0 4 r Z 00 0 F- 0- Z 0 0 6 0 g 4 NO0 91. 01 615100 3'N 1 SO (avod IVdIOINfk01) (H1081 NI 69I6'6) (0 NOISS3ONOO '0 f NO1SS30N00 013301130 30685601V OVOB 1VNI980) poog (N/A063 A1N011500 SV) ?JO 02 Z9909 N V1 61,6741. U 6Z I L Iavd IdVdn Lbvd 19989 16232A. 9989 0 M Z t za N 2.0 N ZJ W J> N O. W 0 0 9 R C (10%28/2008) Dean lorflda Re: Query Family Day, Feb 15, 2009 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: dmorrisseveniaoarafalls.ca web: www.niaoarafalls.ca "Michael Agrette" <maaretteCalclaflincanada.com> 10/7/2008 3:33 PM Hello All, This is an informal submission via email. We are trying to plan a fundraiser for Project Share and co sponsored by Church at the Falls. Buffalo Sabres Alumni vs area selected individuals that are selected.(Fort Erie, Port Colborne,Niagara Falls majority, Welland, St.Catherines) This family day would comprise of the following: -10 to 11 am at Cineplex Church Service with Tim Hortons and open to the community at large), Free daycare as well provided and a children's program as well. -12 to 2 pm Ice Rental at The Memorial Arena Sabres vs Selected Team). There will be autographs provided by Sabres to fans as well. -3 pm to 6 pm post game wings /beverage at a local establishment where fans can pay to get in $10.00 an adult), order off the menu and mingle with Sabres. Those key sponsors and their families will come in for free. We would like to select an establishment in Niagara Falls. Sponsorships or Added Value: This is during family weekend. It must be affordable for families and children. Ideal price would be $5.00 a ticket. The canteens must be open so that families can buy food during the game and prices must be affordable for a hotdog, pop etc..it is families we want to attract. Our goal is to sell out, since the Sabres Alumni do cost money. If anyone would want to play on The Sabres Alumni side and get an official jersey with their name and number, they must donate $3,000 to Sabres Alumni School Fund, there are 5 spots open. If anyone wants to play on the select team and they are picked, they must donate $200.00. This will be a thrill for many, so we do want to attach a price tag to it. If anyone would like to sponsor Gil Perrault, he asks for $5,000. You then get a jersey signed by him and a picture with him. We are looking to add Pat Lafontaine, Alex Moginly etc. If anyone wants to donate ice time, they can and will be recognized, if not it will be paid for in advance. If anyone would like to sponsor inexpensive All star jerseys for the select team picked, they can and are welcome to advertise on each one, if not they will be bought and paid for. Please advise as soon as you can since my contact with the Sabres Alumni are waiting your support/red stamp. As a volunteer leading this, I am here to follow rules and make sure it is done correctly ie: licenses needed) All the best, Michael Agrette Mail; 7677 Southwood Dr., Niagara Falls, Ontario L2H 2X1 CANADA Mobile:(905) 650 8992 Toll Free VoiceMafl:9 888 738 7892 8290 Page 21 (10/28/2008) Dean lorfida Re. Query Family Day Feb 15 2009 From: Denyse Morrissey To: Dean Iorfida Date: 10/28/2008 9:38 AM Subject: Re: Query, Family Day, Feb 15, 2009 CC: Ed Dujlovic; John MacDonald; Kathy Moldenhauer; Steve Hamilton Hi Dean, Given the review to date of this request to date the following are the general reasons why accommodation of this event, which we understand is to support Project Share and not Project Hope (an American charity we believe) is very difficult and not something we recommend is possible before April 2009. However, the organizer may wish to review dates spring 2009 as another option based on what is available at Memorial pending review the Sabres alumni. Alternatively, planning for Family Day 2010 for an event in Niagara Falls could also be considered. Allocations 2008/2009 The request for a game is considered somewhat late as all ice has been allocated via the allocation meeting with hold each spring with community users. The request requires the displacement of community users on dates suggested. An NHL alumni game was held on October 16, 2008 at Memorial Arena and ticket prices for that game were in the range of $18 to $22. This booking is done well in advance each year. the time needed for the NHL game is generally a 4 Ice booking as well as added clean up and security costs. The total cost for facility use, based on 2008 NHL game, was approximately $2,200 to the organizer. Family Day 2009 Monday, February 16, 2009 free public skating planned in Niagara Falls it is our intention to offer free public skating (likely 1 pm to 5 pm) in Niagara Falls with the arena to be confirmed. a sponsor or corporate partner is being reviewed as well for this free public skating session. Gale Centre Fundraising Hockey Game and Gala March 1, 2009 major special fundrasing game planned for Sunday March, 1, 2009. Spearheaded by Mr. Bob Gale, and in partnership with the Review and other corporate partners as well as other charities (including Project Share and GNGH as charitable partners) a fundraising game for the capital campaign for the new Gale Centre is in the final planning stages. Staff are working with the organizers on this game. The Ice Dogs have formally changed their schedule to reflect this regular season game will be played at Memorial Arena. It will include special Flyer shirts being worn by the Dogs, among other special features. Marcel Dionne Is also working with the game planning team for the gala feature as well. The game features the Ice Dogs on Sunday, March 1, 2009 at 2 pm at Memorial Arena. (arena will be devoted to this game from 10 am to 6 pm given pre and post game needs). A gala sports dinner is also being held on Saturday, February 28, 2009 at a NF's hotel. To accommodate the Ice Dog game a number of community users who had the ice booked that day will be displaced already. The concern of another game featuring Sabres alumni so close to the Ice Dog game, and before the Ice Dog game is seen as something that could negatively impact the success of this fundrasing event to support the capital costs of the Gale Centre. Sunday, February 15, 2009 would required the displacement /cancellation of ice for community users in that time slot and a number of the same organizations as noted above are already losing their ice time to support the Ice Dog game on Sunday March 1, 2009. Monday, February, 16, 2008 suggested as o io Family day is Monday, February 16, 2008 and this date was suggested however this is not viable for organizer given that is not a holiday in New York state and a regular business day for the Sabres. However concern with another game being held so close to the Ice Dog game still would still apply. Sunday. January 18, 2009 alternative date suggested by the organizer The 2009 Sport Wall of Fame ceremony is held that day this event utilizes major areas of the arena that day generally from 11 am to 3 pm; the parking lot is needed for Wall of Fame participants so the ability to have an event that would fill, as was projected, 3000 seats, would be problematic. Recommended Options review for Family Day 2010 and the organizer work with staff now to schedule consider a date in April 2009 at Memorial Arena pending ice time availability. Please let me know if any additional information is needed. Regards Denyse Page 1 _00/28/2008) Dean Idrfida RE Proposed Fundraiser with Buffalo Sabres Alumni From: "Michael Agrette" <magrette @claflincanada.com> To: "'Dean Iorfida <diorfida @niagarafalls.ca> Date: 10/27/2008 3:40 PM Subject: RE: Proposed Fundraiser with Buffalo Sabres Alumni CC: "'Victor Pietrangelo'' <vpietrangelo @niagarafalls.ca> Please see my comments below. I apologize for all the emails. If this becomes too political, that is OK. Fort Erie is waiting for Niagara Falls first right of refusal. We would then change the donation not to Project Share and to a Ft Erie Charity. I live in Niagara Falls, so I thought it would be wise to start here. Keep in mind, I am paying for the sabres alumni, shirts, ice time and marketing.we are charging $5 a ticket....so you can do the math on what is at stake for me to lose. It is being done to sell out, provide a community family day, have locals involved and Niagara Falls being entertained at a low cost for all to enjoy. Michael Agrette Claflin Canada, www.claflincanada.com Mail; 7677 Southwood Dr., Niagara Falls, Ontario L2H 2X1 CANADA Mobile: (905) 650 8992 Toll Free VoiceMail: 1 888 738 7892 8290 Original Message From: Dean lorfida mailto:diorfida @niagarafalls.ca] Sent: October -27 -08 2:30 PM To: magrette @claflincanada.com Cc: Victor Pietrangelo Subject: Proposed Fundraiser with Buffalo Sabres Alumni Mr. Agrette: We received your request concerning the matter noted above. I appreciate your need to get some commitment from the City before you are able to move forward on'this proposed fundraiser. Similarly has a number of considerations to take into account such as scheduling, availability etc. It would be helpful to us going forward if we could get some further information: Firstly, what exactly are you specifically requesting of the municipality? Truthfully nothing financially) (I thought it would be wise to get a councillor involved with me, guiding me so that I make NO legal mistakes). Are you expecting a waiver of the ice rental fee? no, I am not, if you want to donate the ice, it would be nice but not expected at all) You have mentioned a couple of dates in your e- mails, Jan. 18th or Feb. 15th. Are these the only dates the Sabres Alumni are available No, they were the best dates since most work still for companies Mon to Saturday) As I am sure you can appreciate, we book our events many months in advance and those dates may not be available or would entail "bumping" community user Page 1.J 1(10/28/2008) Dean lorfida RE Proposed Rind Sabres Alumni groups.( Bumping a user group for this venue may work if it is a group that was approached and asked if they would be so kind to waive one weekend, maybe we could make it up to their team somehow in the fundraiser, we do work with people well) Would it be possible to stage the event later in the season i.e. April 2009? far too late for Sabres Alumni program) Are you tied to the 12:00 to 2:00 p.m. timeframe? no, but we cater to families /kids..3,4 or 5 pm is OK as well) Finally, in one of the e-mails it was indicated that this would benefit Project Share, in another Project Hope. These are two different organizations. Also, can you confirm whether project Hope has a local presence. Project Share it is for) It is my intention to bring forward your request at our November 3rd meeting but it would be helpful to have more details. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905- 356 -9083 (Fax) Page 2. J10/28/2008)_ Dean lorfida Re: Query Family Day, Feb 15 2009 Page 2j Sunday January 18 2009 alternative date suggested by the organizer The 2009 Sport Wall of Fame ceremony is held that day this event utilizes major areas of the arena that day generally from 11 am to 3 pm; the parking lot is needed for Wall of Fame participants so the ability to have an event that would fill, as was projected, 3000 seats, would be problematic. Recommended Options review for Family Day 2010 and the organizer work with staff now to schedule consider a date in April 2009 at Memorial Arena pending ice time availability. Please let me know if any additional information is needed 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(aniagarafalls.ca web: www.niagarafalls.ca "Michael Agrette" <macirette(thclaflincanada.com> 10/7/2008 3:33 PM Hello All, This is an informal submission via email. We are trying to plan a fundraiser for Project Share and co sponsored by Church at the Falls. Buffalo Sabres Alumni vs area selected individuals that are selected.(Fort Erie, Port Colborne,Niagara Falls majority, Welland, St.Catherines) This family day would comprise of the following: -10 to 11 am at Cineplex Church Service with Tim Hortons and open to the community at large), Free daycare as well provided and a children's program as well. -12 to 2 pm Ice Rental at The Memorial Arena Sabres vs Selected Team). There will be autographs provided by Sabres to fans as well. -3 pm to 6 pm post game wings /beverage at a local establishment where fans can pay to get in $10.00 an adult), order off the menu and mingle with Sabres. Those key sponsors and their families will come in for free. We would like to select an establishment in Niagara Falls. Sponsorships or Added Value: This is during family weekend. It must be affordable for families and children. Ideal price would be $5.00 a ticket. The canteens must be open so that families can buy food during the game and prices must be affordable for a hotdog, pop etc..it is families we want to attract. Our goal is to sell out, since the Sabres Alumni do cost money. If anyone would want to play on The Sabres Alumni side and get an official jersey with their name and number, they must donate $3,000 to Sabres Alumni School Fund, there are 5 spots open. If anyone wants to play on the select team and they are picked, they must donate $200.00. This will be a thrill for many, so we do want to attach a price tag to it. If anyone would like to sponsor Gil Perrault, he asks for $5,000. You then get a jersey signed by him and a picture with him. We are looking to add Pat Lafontaine, Alex Moginly etc. If anyone wants to donate ice time, they can and will be recognized, if not it will be paid for in advance. If anyone would like to sponsor inexpensive All star jerseys for the select team picked, they can and are welcome to advertise on each one, if not they will be bought and paid for. Please advise as soon as you can since my contact with the Sabres Alumni are waiting your support/red stamp. As a volunteer leading this, I am here to follow rules and make sure it is done correctly ie: licenses needed) All the best, ((10/28/2008) Dean lorfida Re: Query, Family Day, Feb 15 2009 From: To: Date: Subject: CC: HI Dean, Regards, nenvcc Denyse Morrissey Dean Iorfida 10/28/2008 9:53 AM Re: Query, Family Day, Feb 15, 2009 Ed Dujlovic; Steve Hamilton Niagara Falls Girls Hockey (same group already having their ice canceled to support the Ice Dog games on March 1, 2009). We are trying to relocate them for some of the time to other arenas by asking other bookings to share the impact for ice time needs that day as overall it support our new arena. Girls is one of the local community organizations to have offices in the new Gale Centre. age 1' His Worship Mayor Ted Salci and Members of the Municipal Council 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: Municipal Engineers Association October 22, 2008 Re: 2008 Municipal Engineers Association (MEA) Annual Workshop The 2008 Municipal Engineers Association Annual Workshop will be held in the City of Niagara Falls from Tuesday, November 18 to Friday, November 21, 2008. The annual workshop draws approximately 130 municipal engineers from across Ontario to discuss various topics that have an impact on their municipal operations. The workshop also includes tours of various local facilities as well as a hockey game that is played by the delegates. The cost to provide the buses by Niagara Falls Transit is $750 and the costs for the ice rental $168.92. Accordingly, the MEA Local Organizing Committee is requesting a grant to offset the fees for the ice time and bus rental. Thank you for your consideration. Yours S: \DUJLOVIC \Dujlovic 2008 \Letter Mayor Council MEA Workshop Waive of fees.wpd Ed Dui ic, ng. MEA Workshop Local Organizing Committee October 8, 2008 City of Niagara Falls Clerks Department CIO Dean Iorfida Since 1954, the Optimist Clubs across North America have recognized the accomplishments of youth in the home, school, church, and the community. Every November, the Optimist Club of Niagara Falls honours the youth of our city for their talents in the Arts, Academics, Athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue a proclamation, proclaiming the week of November 16 -22, 2008 as "Youth Appreciation Week" in the City of Niagara Falls. We thank you in advance for this undertaking Yours in Optimism Geoffrey Twocock Youth Activities Programs Chairman FL SCLERKS iljd _121 THE OPTIMIST CLUB OF NIAGARA FALLS P.O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905- 358 -0033 Fax: 905- 358 -9661 `{'atter. hl ?AG, hRLL'= CLERKS OR 'j(i' 1: =,?u FestnralcoLights NIAGARA FAILS *ONTARIO CANADA October 14, 2008 Mr. Dean Iorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Winter Festival of Lights Fireworks Dear Dean: 5400 Robinson Street, 2nd Floor Niagara Falls, ON L2G 3X4 Tel 905-374-1616 Fax: 905-374-4683 Email: Info @wfol.com WFOL.com The Winter Festival of Lights plans to hold fireworks displays and requests City Council approval for such. We are utilizing the services of David Whysall International Fireworks (the same firm used by The Niagara Parks Commission for the summer fireworks displays over the falls) As always, the Festival shall be properly insured for this and will add all concerned parties as additional named insureds. At this time, we are requesting City Council approval for pyrotechnic fireworks displays to occur as follows: Saturday, November 8, 2008 6:15 8 PM Friday, November 14, 2008 9 PM Friday, November 21, 2008 9 PM Friday, November 28, 2008 9 PM Friday, December 5, 2008 9 PM Friday, December 12, 2007 9 PM Friday, December 19, 2008 9 PM Friday, December 26, 2008 9 PM Wednesday, January 2, 2009 9 PM Should you have questions please contact me at 905 374 -1616 x. 46. Sincerely, WINTER FEST VAL OF LIGHTS Dino F: 'o General anager www.cityofkingston Mr. John MacDonald Chief Administrative Officer City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. MacDonald: RECEIVED OCT 1 2008 OFFICE OF THE ADMINISTRATOR City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 www.cityofkingston. ca where history and innovation thrive Ken Burden, Exec. Dir. Corporate A°. /titer s412, 4e.. -4 Chief Administrative Office City Hall x Phone: 613 -546 -4291 ext. 2205 x Fax: 613 -546 -3497 x ghunt @cityofkingston.ca x Services Our Ref. F22 HE I am writing to you today, to seek your municipality's support, along with our neighbouring communities across the province, to collectively lobby the Government of Ontario to increase the "heads and beds" levy (as prescribed in section 323 of the Municipal Act) to a more appropriate rate, reflective of either fair property valuation or an inflationary increase in the rate of over twenty plus years. Kingston Mayor, Harvey Rosen is currently contacting fellow Mayors throughout the province to ensure the Government of Ontario rights this imbalance. Mayor Rosen wants the province to establish a mechanism to review the prescribed amount ona regular basis and make adjustments for inflation and I want to ensure your municipality shows its support for this initiative. As you are aware, the "heads and beds" levy that municipalities receive in lieu of property taxes for provincial institutions such as hospitals and universities has been frozen at $75 per student or per bed since 1987. If indexed for inflation, the levy should be $12L If based on the assessed value of the property, as is the case with other provincial properties, the payment to the municipality for municipal services would be higher still. Indeed, there is a shared understanding amongst municipalities that the current state of municipal finances does not provide municipal governments with the necessary resources for their immediate responsibilities, nor those of the future. Municipalities should not be forced to subsidize the province and the province should be providing its fair share on such matters, including the heads and beds levy. The City of Kingston, along with a number of other municipalities across Ontario have continuously expressed their concerns to AMO and their representatives at Queen's Park, that although the "heads and beds" rate has not increased inover 20 years, the cost of providing municipal services has increased dramatically. To date, these concerns have gone unanswered. Letter to Ontario CAOs As this is a collective municipal problem, we believe a collective approach to Queen's Park has a much more realistic chance of success, to the benefit of all municipalities. Mayor Rosen is requesting that his colleagues be prepared to meet at Queen's Park on this issue and I ask that we be prepared to accompany our Mayors to that meeting. Thank you in advance for your thoughtful consideration to this important matter. Please contact me if you wish to discuss further. Sincerely, GH/ /jm Ger.rd Hunt, CMA Chief Administrative Officer k:520081gerardNetterslheads beds \city of niagara th[Es.doc -2- Chief Administrative Office City Hall x Phone: 613 -546 -4291 ext. 2205 x Fax: 613 -546 -3497 x ghunt @cityofkingston.ca x 2008 -09 -26 Office of the Administrator Inter Department Memorandum TO: Ken Burden Executive Director of Corporate Services FROM: John MacDonald Chief Administrative Officer Ext. 5100 RE: City of Kingston "Heads and Beds" Levy Ken: DATE: October 16, 2008 FINANCE Dcur OCT 17 iiuud While I was away, Karen provided you with a copy of a letter from the City of Kingston requesting our support in raising the levy from $75 per student or per bed to $121. I concur with the suggestions outlined in your memo to me of October 6, 2008. However; prior to you implementing your suggested actions, I would recommend that the communication first be brought to Council's attention for endorsement and support and 1 would ask that you take the necessary action, Thank you. JM:kk R' \Corporate Servicesn2008'KB Cit) or Kingston heads and bads wpd Corporate Services Inter-Department Memorandum FROM: Ken Burden Executive Director of Corporate Services RE: City of Kingston Request for Support Keri Burden c. Todd Harrison c. Anny Felicetti Niagara3f4J S ai vent TO: John MacDonald DATE: October 6, 2008 Chief Administrative Officer On October 1, 2008, your office received and forwarded to me a letter from the City of Kingston requesting support for a collective municipal approach to the Province for an increase to the rates used for the "heads and beds" levy given to municipalities. Staff has reviewed the letter and offers the following general comments. The City of Niagara Falls annually receives approximately $30,150 for 402 "beds" and no funds for "heads." The amount is shared with the Region of Niagara; approximately 48% or $14,472 is retained by the City. Staff confirms that the rates have not been adjusted (increased). This matter has been the subject of many discussions at the Area Treasurers' meetings. However, to the best of Staff's knowledge, there has not been a collective municipal approach to the Province. Staff supports this request from the City of Kingston. Also, Staff is aware that Regional Staff would be interested in seeing the letter, and possibly supporting the request too. The Region of Niagara has recently notified Staff of the October 29, 2008, meeting of their Ad Hoc Committee of Council on Property Assessment and Taxation Reform. This request from the City of Kingston could be added as an agenda item due to its relevance as a Payment in Lieu of Tax. My suggestion is that the letter be forwarded to the Region of Niagara, either via the Area Treasurers, or the above mentioned Ad Hoc Committee. Also, a letter noting our acknowledgment and action taken, be sent to the City of Kingston. October 15. 2008 TD /em Attachment cope393 c c: Thank you for your consideration. Yours truly, Terry owney OFL, Executive Vice President W. Samuelson, I. Harris, OFL OFL Executive Board and Council OFL Social Services Committee J. Clancy, K. Hawley, NUPGE WAYNE SAMUELSON President IRENE HARRIS Secretary Treasurer TERRY OOWNEY Executive Vice- President ONTARIO FEDERATION OF LABOUR (CLC) FEDERATION DU TRAVAIL DE L'ONTARIO r s Gervais Breve Suite 202 North York. Ontano M3C IY8 Telephone: (416) 441 -2731 Fax: (416) 441 -1893 Web Mtp: /www.otl- ftn.on.ca OFL /FTO To: Mayors and Reeves, On behalf of the membership of the Ontario Federation of Labour (OFL), we are writing to you to ask that as local elected representatives you endorse November 6, 2008 as a day of recognition for the community social service workers in your community. The 700,000 members of the Ontario Federation of Labour work in all economic sectors and live in communities across Ontario from Kenora to Cornwall and from Moosonee to Windsor. Our members know that community social service workers are essential to building strong communities and making life better for families and individuals. The National Union of Public and General Employees (NUPGE) developed the attached resolution, which calls for November 6, 2008 to be proclaimed Community Social Service Workers Appreciation Day. Please advise us of your participation in this day of recognition, so that we can acknowledge your community's role in celebrating Community Social Service Workers Appreciation Day across Ontario on November 6, 2008. Such information may be sent to Terry Downey, Executive Vice President, Ontario Federation of Labour, 15 Gervais Drive, Don Mills, Ontario M3C 1Y8, by fax (416) 441 -1893 or by e -mail at tdowney a,ofl.ca. APPRECIATION DAY Municipal Resolution: DRAFT November 6 2008 Community Social Service Workers Appreciation Day Whereas community social service workers are vital to the quality of life within all Canadian communities; and Whereas community social service workers provide crucial services to families and children; people with disabilities; respite care; people and families dealing with substance abuse: women and their children in transition houses or sexual assault centres: Aboriginal Peoples: as well as services to new Canadians; and more: and Whereas the quality of these services depends largely on the dedication of trained workers who provide these services: and Whereas the availability of these services helps improve the quality of life for everyone. while making our communities stronger and more stable; and Whereas greater recognition and understanding of the critical role these workers play in our communities are needed to ensure the continued availability and improvement of services; and Whereas awareness and support for these services begin at the local level;. Now therefore be it resolved that this council proclaims November 6 as Community Social Service Workers Appreciation Day. Community Family Services 5720 Dorchester Road Niagara Falls, ON L2G 5S3 Phone: (905) 354 -2834 Fax: (905) 358 -9243 October 8, 2008 City of Niagara Falls Attn: Mayor Ted Salci 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Honorable Mayor Salci, Thank you and God Bless. Karen Puddicombe Captain Salvation Army Day in Niagara Falls As the leaves begin to change and the weather gets Christmas is just around the corner! At the Salvation another season of giving to those needing assistance funds to do that. It is so important to make the community aware of the provides to those in need. In order to make this appropriate to hold an official Salvation Army Day on Campaign. This year our kettle campaign will begin on run until December 24, 2008. Our Mission is Simple: Love God. Love People colder, we are reminded that Army plans are underway for and raising the much needed assistance The Salvation Army happen, we feel it would be the kick off of our 2008 Kettle Friday November 21, 2008 and We are requesting the support of The City of Niagara Falls on November 21 for a flag raising ceremony at City Hall. It is our hope that you will allow us to have a Salvation Army flag at City Hall on that day and that you will assist us in the flag raising ceremony. We are going to encourage as many businesses and establishments to participate in a new fundraising initiative on that day. We look forward to hearing from you and appreciate your support of The Salvation Army. Developing a continued partnership with the City of Niagara Falls and the various agencies and businesses is vital. February 21 2008 His Worship the Mayor Ted Salci The City of Niagara Falls 4310 Queen Street. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Thank you for your consideration, Sincerely, eila Carson, President. Teachers of English as a Second Language Association of Ontario 27 Carlton Street, Suite 405, Toronto, Ontario M5B 1L2 Telephone: 416 -593 -4243 or 1- 800 327 -4827 Fax: 416 -593 -0164 Email: administration@teslontario.org www.teslontario.org Dear Mayor Salci, Last year we requested that you join our Ontario wide initiative in declaring English as a Second Language Week during the week in which our annual conference took place. We understand that your policies at the time did not allow for such proclamations. Should there have been a change in policy, I am writing you on behalf of TESL Ontario (Teachers of English as a Second Language) to again invite you to take part in our initiative and declare the week of November 9 -15, 2008, English as a Second Language Week. Given the ever growing diversity of the population of Ontario, we hope you will be in a position to support our efforts. In 2007, sixteen municipalities declared English as a Second Language Week in November and we hope that this number will continue to grow, offering Ontario's ESL community recognition and an opportunity to celebrate and expand its development. For more than 35 years, TESL Ontario has held its Annual Conference to provide professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens, and visitors, all who wish to improve their ability to communicate in English. This year, our conference will be held November 13 -15, 2008, and we will be honoured if representatives of your council can participate. Our TESL Ontario conferences attract over 1400 registrants. Our members travel from across the province and beyond to attend workshops, research symposia, our technology fair and publishers' displays. For many of us, this annual journey to Toronto marks a time when we can share our experiences, expand our skills, and reaffirm the positive contribution that our province makes to diversity. Having established a set of criteria to ensure measurable qualifications among ESL professionals, TESL Ontario, a non- profit organization, ensures that training institutions offering teacher training meet the highest standards. As we demand the best qualifications of our members, and the best in training from our teaching programs, we offer the best in second language education to our students, who in turn, contribute a wealth of knowledge and experience to our communities. Attached, please find our suggested wording of the proclamation. If you have any suggestions or comments as to the content of this document, please contact our Executive Director, Renate Tilson, at 416 -593 -4243 ext. 4. SUGGESTED WORDING OF PROCLAMATION Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavour to acquire the ability to communicate in English. The community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adult education students pursuing literacy and basic skills, participants in workplace- training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends. The professional organisation Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each November consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members. NOW hereby proclaim 1 a m November 9- 15,2008 as behalf English as a Second Niagara Language Falls ageWeek ncthe o do The City of Niagara Falls. Mayor, Ted Salci and Members of Council The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Dear Ted Council Members, October 15, 2008 SUBJECT: PARKING AREA #13 MAIN STREET PARKING (between Murray Robinson) When the Fallsview Casino opened, there was an obvious gust of new traffic to the Main Street area. A rushed decision was made to change the unrestricted free parking on Main Street which we had enjoyed for many years to permit only parking. This decision was based on survey which yielded only 12 responses and an inconclusive result. When the issue came up at the City's Chamber meeting, there were 4 Main Street people attending. Both ministers from the two Main Street churches and myself were against any changes to the existing situation. The forth was my immediate neighbour who was for the change to permit parking. I did not understand how this would have affected my neighbour as they had already sold their house and were moving to Stamford Estates in just a few weeks. I own two Main Street properties (and a third around the corner). I feel that my Main Street property values have diminished due to the loss of the parking in front of them. Further, a safety issue has developed. Since parking has been removed from Main Street, cars are racing through this section. When vehicles were parked along the road, motorists drove more cautiously and slower. The changes have caused a hazard to local people and their children. The changes to the parking regulations along Main Street were a knee -jerk reaction to the traffic generated by the newness of the Fallsview Casino. The initial bubble of new traffic along with the newness of the Casino is over. There is no need for the permit only parking regulations. Enclosed please find our petition to restore the "unrestricted free parking" to both sides of Main Street, in the area from 6133 Main to 6339 Main Street. In this petition there are over 200 signatures which includes many Main Street owners residents plus the entire congregation of the Main Street Baptist Church. Please advise me when this matter will come before council. With best regards, 6187 Main Street, Niagara Falls, ON L2G 6A5 905 374 -3821 geoff@geoffreychapman.com PRINT NAME ADDRESS SIGNATURE k As iN kJ Af S1 Llr. Pa Ll t P< 6 J T\ Si Rp11 s ocH- Chw f'Ifcr -1-[ S 6(ST Ma\n Ap+ 3 1 r n &akemcin nick fip+ 4iY n t p er "mot .4 dijco/0 //c/ /2/q/�J�% a(. 1/4)),,,,„," neAsig _i kLahmA e _S A f di it 7- f 0 g.s (A Saw `„Y\ /`7 IG �iFPHoNF iAt� /1 Su/ 3 i (q,z/ti 57 a MAIN STREET- FREE PARKING PETITION Parking Area 13 Prior to recent unnecessary implementation of permit only parking, FREE parking on Main Street was enjoyed and benefited by all for many years. We, the undersigned request that the City of Niagara Falls restore the original parking regulations, on both sides of the street, to the previous UNRESTRICTED FREE PARKING from 6133 Main Street to 6229 Main Street f 1 pGrC ('rtbi f_a J(6,07f r /us(c -i$&✓ /4) (Ks Mama Mia's RESTAURANT TAVERN 5719 Victoria Ave. Niagara Falls, Ont. L2G 3L5 rel:905- 354 -7471* Fax 905- 354 -1876 October21, 2008 His Worship Mayor Ted Salci Members of City Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ont. L2E 6X5 Dear Ms /Sins: I am sending this letter asking for some assistance, in the way of relocating two of youi pafkmg Terminals located in the area of two of my businesses which have been successfully operating in this area to residents and tourists alike for over thirty (30) years. The first terminal is located in the parking lot behind Mama Mia's Restaurant, 5719 Victoria Ave, and at the rear of the Beef Baron Restaurant, 5019 Centre St. There are two terminals located in this parking lot at the same end of the lot. Many times we have had complaints and inquiries as to why they are located as such and not one at each end of the parking lot. believe that by moving one of the terminals to the opposite end of the parking lot, south side, or both to the middle of the parking lot, it would better serve our customers. By saying our customers, I mean the City as well because you are providing this service for a fee. This would make payment at this (these) location(s) more convenient. The second terminal is located outside the Beef Baron Restaurant. It appears that no consideration was given to the placement of this terminal in relation to the entrance of our building. 1 am not suggesting to relocate it in front of another business on the street, however, I would appreciate that it be removed from the entrance area of our restaurant and perhaps located on the other side of the street between store fronts on the side walk, if it has to be there. The best case scenario would be to remove the terminal all together from the area. During the past three years my partners and 1 have gone to great expense spending hundreds of thousands of dollars on updating, decorating and redesigning our businesses all done with required permits in place with a view to not only revitalizing our properties, but, the area in which we do business as well. We are good corporate citizens and all residents of Niagara Falls asking that this change be made with a view to our mutually continued success. Thanking you in advance for your assistance with me in this matter. Sincergiy; 7 Ronald Herkimer c.c. Karl Dren THE BEEF BARON RESTAURANT 5019 Centre 5t. Niagara Falls, Ont. L2G 3N6 Tel: 905- 356 -6110 Fax: 905- 354 -1876 C;wpacein RESTAURANT WINE BAR 6840 Lundy's Lane Niagara Falls, Ont. L2G 1V6 Tel: 905 -371- 2063 Fax 905 -371 -9878 Mama Mia's Fallsview Niagara Fallsview Casino 6380 Fallsview Blvd. Unit R7 Niagara Falls, Ont L2G 7X5 Tel 905 -358 -2672 November 3, 2005 L- 200838 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -38 Declare Surplus and Offer for Sale Multiple City -Owned Lands Our File No.: 2006 -177 Niag araaaaaaaaafalls In Camera RECOMMENDATION: That the lands set out herein be declared surplus and offered for sale at a later date. BACKGROUND: The City maintains a property database of City -owned land that is updated by Legal Services as land is bought and sold. This is an ongoing procedure which assists in locating City -owned land that can be declared surplus. After a review of the database it was determined that there were several City -owned properties that could possibly be declared surplus and sold for fair market value. The following properties were circulated to City departments to identify those public lands surplus to the City's requirements. Based on that circulation, the following are the lands deemed to be surplus to the City's needs as well as to be added to the lands Council has previously declared surplus and are now posted on the City's website. 1. Lot 174 Plan 308 is located on the west side of Fifth Avenue, Lot 175 Plan 308 is located on the east side of Sixth Avenue, Lot 57 Plan 308 is located on the east side of Fifth Avenue and Lot 286 Plan 308 is located on the west side of Sixth Avenue, all as shown on Attachment "1 These properties were acquired by the City through tax arrears in the 1930's and are located at the most northerly limit of the street where they abut railway lands. A large drainage ditch covers the most northerly 20 feet of each of the properties and each property has been encroached upon by abutting owners to the south by parts of driveways or buildings to varying extents. The drainaggih -is an unregistered easement and would limit full use of each of the properties as potential building lots. 0 Q PO43oz•7023 Niagara Falls ON w'w Canada L2E 6X5 905- 356 -7521 w.ni Working Together to Serve Our Community Corporate Services Department Legal Services November 3,2008 2 L- 2008 -38 2. Glenholm Avenue Plan 44 north of Bellevue Street is shown on Attachment "2 There are two open road allowances located on the north and south sides of Bellevue Street. Both road allowances will have to be closed prior to sale. Also, the City should service and zone both properties prior to sale in order to maximize the revenue potential. It appears that the road allowance on the south side of Bellevue Street will need to be cleaned up to remove the vehicles that the abutting landowners have parked on same. 3. Jones Street Plan 100 is a portion of a road allowance east of Montrose Road and south of Delta Drive and is shown on Attachment "3 Tad Street Plan 89 is a road allowance west of Montrose Road and approximately midway between Badger Road and Charnwood Avenue and is shown on Attachment "4 5. Ethel Street Plan 89 is a road allowance west of Montrose Road and north of Charnwood Avenue and is shown on Attachment "5 6. Alem Street Plan 118 is a road allowance west of Montrose Road and south of Lundy's Lane and is shown on Attachment "6 7. Kenneth Avenue Plan 139 is a road allowance on the south side of Thorold Stone Road and east of Kalar Road and is shown on Attachment "7 8. Pew Street Plan 96 is a road allowance south of Lundy's Lane between Dorchester Road and Brookfield Avenue and is shown on Attachment "8 9. Part Graham Street Plan 94 Stamford designated as Parts 2, 3 and 11 on Reference Plan 59R -10309 is a closed remnant portion of the former Graham Street road allowance and is shown on Atrtachment "9 It has approximately 66 feet of frontage on Montrose Road, including a small Bell Canada easement on Part 11 on 59R- 11438. Together, the parts form a potential building lot which should be serviced prior to sale, in order to maximize the revenue potential. 10. Lot 39 Plan 318, Lot 40 Plan 318, Lot 41 Plan 318 and Lot 77 Plan 318 are located on the east side of Stanley Avenue between Elm Street and Maple Street and are shown on Attachment "10 It was acquired by the City through tax arrears in 1925 and 1928. The City's Parks Recreation Department has confirmed that they have no interest in the City retaining the property. If any interest is shown in the lands, the City will obtain an appraisal to determine the fair market value of the land. Additionally, it is our recommendation that the land should be put up for public auction and that an auctioneer be retained for that purpose. Based on all of the above, Staff is recommending that the subject lands be declared surplus in anticipation of the sale of same. November 3, 2008 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 3 Ken Beaman, City Solicitor /(See,, K. E. Burden, Executive Director of Corporate Services Ut- acDonald, Chief Administrative Officer L- 2008 -38 1. 272501001002400 FIFTH AVE 2. 272501001102900 FIFTH AVE 3. 272501001113400 SIXTH AVE 4. 272501001115800 SIXTH AVE Potential Surplus Lands 1:NTS Fetrua 2038 K: GIS R Legend Subject Land Property Parcels m� uests 00 Hydro .stands Sur ustands.rna A- 2725????1001979 B- 2725????1001980 Potential Surplus Lands 1:NTS Legend glA 2008- KGS R .uests 200 Custom Subject Land Property Parcels Attachment uslands ustands.ma Location: 272509000701450 MONTROSE RD Potential Surplus Lands 1:NTS Legend Subject Land Property Parcels Fetxua 2008 k: GIS 00 stom Intema Attachment 5 i lydro stands r. usL .cs.Tiz Location: 2725 ?1000916 MONTROSE RD Road Allowance for Closure N 1:NTS Feb-tea Legend Subject Land Property Parcels 2038 -K: GIS R .nests 200 Custom Internal\ c di Sur sWr4s'•Sr.r.wsLarxls.rna Location: 2725 ?1000933 MONTROSE RD 2725 ?1000939 1 ft Reserve at West Side Road Allowance for Closure N 1:NTS Legend We 1 Subject Land Property Parcels Attachment Fetruary2008 KAGIS Requests\ 20071Ast ormtntcrnattLecall,SurpfusLanasl ,SurplusLa!WS.mar Location: ALEM STREET ROAD ALLOWANCE Road Allowance for Closure 1:NTS Februa 2008 K: GIS Legend Subject Land Property Parcels Custom Internal Attachment tO ustands Location: KENNETH AVENUE ROAD ALLOWANCE Potential Surplus Lands m 1:NTS Legend Subject Land Property Parcels NM Attachment February2008 KAGtS Re4uests120071a +stom\lntemaaLeoaNSurplustanclASurdusLAnds.msP Location: PEW STREET ROAD ALLOWANCE Potential Surplus Lands 1:NTS Legend Subject Land Property Parcels Fcfruary2008 K:\G[S Reeucsts120071CustomUnOemdRI .C9araurp slands\Surp.,,: Location: 272509000702802 MONTROSE RD Road Allowance for Closure 1:NTS fetxua Legend Subject Land Property Parcels Attachment 2008 K: GIS •uests 00 ustom nternal Sur usLends r. ustands.ma Location: A- 272501001205300 ELM ST B- 272501001205200 ELM ST C- 272501001205100 ELM ST D- 272501001209900 MAPLE ST Potential Surplus Lands 1:NTS E bwa Legend Subject Land Property Parcels r Attachment I0 2008 K:GSS R .uests C al usLanes.ma 2007' Custom' Intema. Su Ius anta.Su 2008 His His VVorship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -39 Reilly Street Road End Our File No. 2007 -151 Ni ;.w garaflalls.. L2008 -39 RECOMMENDATION: That the City retain the subject lands; or, in the alternative That if Council elects to dispose of the Reilly Street Road end at this time, the City offer the property for sale to the highest bidder. BACKGROUND: The Reilly Street Road end is one of a number of road ends that terminate at the Welland River in ,Chippawa. It is a prime location for locating a home or cottage. The property is currently zoned partially R2 Residential and partially Hazard Land. This permits a building envelope of 1,875 square feet. Currently, there is no building on the property but a hydro easement (hydro line) occupies 33 feet of the width of the property. There has been a history of interest in the various Chippawa "street end" properties dating back to at least 1947. Between that year and 1970, a system was in place whereby the Village of Chippawa. and, subsequently, the City of Niagara Falls would allow persons to occupy these road ends pursuant to license agreements. The license agreements would permit the licensee to erect a boathouse or cottage. The licensees were required to pay taxes and a license fee, which varied between $10.00 and $50.00, depending upon the use and size of the area licensed. The municipality reserved a right of access over each parcel of land. The licenses were transferable on the consent of Council. In 2001, Council authorized the closing of the street ends by Judge's Order. In the same year, Council authorized a complete review of the City's policies in connection with the Chippawa Street ends. Following considerable consultation, Staff reports and debate, the Council approved various leases for 40 years February 1, 2002; rent to be reviewed every five years calculated at $7'0 OJp r linear foot; and the lessees paying half he- survey-eost. 09igen Street P z 1023r,Valgara Falls ON .anada'i2E6X5 t905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services November 3, 2008 Issues to Consider: The greater public good: Lease or sell Is this the time to sell 2 L- 2008 -39 At that time there was no surviving licensee of the Reilly Street Road end and rnore than one party has expressed an interest in either acquiring or leasing this particular road end. Despite the various requests from private citizens, in 2003 Council approved retaining this specific road end for passive public use and directed that all buildings and structures that had been placed on the property be removed or demolished. In 2006 and again in 2007, docks that were believed to belong to an abutting property owner were also removed by City Staff. Currently, there is a residence abutting the street end property to the west. There is a passive park setting running east along the Welland River for a City block. In 2007, Council directed Staff to investigate the possibility that a building could be accommodated on the property. In light of the Weightman Bridge E.A. (Environmental Assessment), Staff held off on any investigation in developing the property in case the street end was needed. With the property not necessary for the E.A., Mr. John Bevan has expressed interest in the property (see attached). Mr. Bevan had expressed interest in the property circa 2003. Unlike then, a couple of individuals who were previously interested in the property have provided letters of support for Mr. Bevan's request. Many municipalities are expending considerable funds and effort to restore public access to waterfront areas (cf. Fort Erie and Burlington). The Reilly Street Road end property is contiguous with other public property that fronts on the Welland River. It is a pleasing vista that the Council may want to preserve, as was the direction in 2003, and not reduce that vista with the erection of a building on the land. Council has opted to enter into long term leases for the other Chippawa Street Road ends. With the term of the leases (40 years) and options for the lessees to build on their land, there is a sense of permanence to the existing arrangements. Before adopting this option for the Reilly Street Road end, Council should satisfy itself that a future Council would find the option of evicting a long term tenant, who has erected a building on the land, useful. Experience in other municipalities indicates that public sympathy for the long term tenants makes it very difficult to evict them. The City is under no pressure to sell this land at this time. Widely published prognostications of the Canadian and Ontario economies indicate that real estate prices are low at this time. Council might consider deferring a decision concerning the sale of this property. Also, the City is under no obligation to sell to an individual who, unsolicited, expressed interest in the property. The provisions of the Municipal Act, 2001 encourage municipalities to have an open, transparent, market based approach to the disposal of marketable land. The municipality's Sale of Lands By -law No. 2003 -16, as amended, requires at least one appraisal of fair market value and public notice of a proposed sale. Methods of sale could include direct sale, public tender, land exchange (not pertinent in this scenario), call for November 3, 2008 3 L- 2008 -39 proposal, public auction or listing with a real estate agent. CONCLUSION: The Reilly Street Road end appears to be a highly desirable property. It fronts on a river and is within.a very short distance to all of the major amenities of the City of Niagara Falls. Council's previous direction was to maintain the property for passive public use. The City has received a number of expressions of interest in the past and has a recent request from Mr. John Bevan. There is no legal reason or business convention that would restrict the City to dealing exclusively with the requester. In fact, the purpose of the provisions of the Municipal Act, 2001 is to encourage municipalities to have an open, transparent, market based approach to the disposal of marketable land, such as the Reilly Street Road end. Generally speaking, the free market is regarded as the best method for determining the value of a property. Staff believes that the City should attempt to obtain the highest possible price for the Reilly Street Road end. In order to achieve this, Staff recommends that the Reilly Street Road end be publicly offered for sale to the highest bidder, if it is Council's wish to entertain the disposal of the land. Recommended by: Approved by: Respectfully submitted: KB /sm Attachment Ken Beaman, City Solicitor /rametei K. E. Burden, Executive Director of Corporate Services 641 Joh acDonald, Chief Ad inistrative Officer 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: Rolla 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 656 (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. 1 am employed by Fallsview Casino and have tenancy at 9676 Niagara River Parkway, Niagara Falls, Ontario. July 22, 2008 Page 2 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 1 I, 2008 Councillor Carolyn loannoni, Chair Community Services Committee 43 I 0 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Madame Chair; Re/ our application for the Reilly Street end lease April 2007 Please accept this letter as our formal withdrawal of the aforementioned application for the Reilly Street end properties. It was determined by our Executive on August 10, 2008 that this application was no longer in the best interests of our not for profit organization. I remai y Mason, Chair Chippawa Dock Owners Association "maintaining the lands... while enjoying the privileges" 17-7000McLeod Road Suite 321 Niagara Falls, Ontario L2G 71(3 Tel 9 2 95 7699 Fax 905-295 -3242 e -moil CDOA @sympatico,ca August 11, 2008 Carolynn Ioannoni, Chair And Committee Members Community Services Committie 4230 Front Street Niagara Falls, Ontario, L2G 6G8 Dear Madame Chair Re/ Reilly Street road allowance lease Please include this letter with the documents for consideration of Mr. John Bevan's application for the aforementioned lease. I write this as both a neighbouring property and Chair of the Chippawa Dock Owners' Association (CDOA). John is a lifelong resident of Chippawa and Niagara Falls having been the owner of Bevan's Shell (fuel and repair) on Cummington Square for many years, a business he bought from his father Jack as an ongoing enterprise. He continues to lease those premises to car related businesses year on year. After reviewing Mr. Bevan's plans, the CDOA executive has decided (by unanimous vote) to withdraw their prior application for the Reilly Street end. We believe Mr. Bevan's plans represent the highest and best use under our mandate to increase the number of property owners with direct access to the Creek, while providing important rights -of -way to our partners, the City of Niagara Falls and OPG. "eer y, y Mason 4230 Front Street, Niagara Falls, Ontario 905.226.0303 maseRacetyahoo.com Linda MacRae e C August 6, 2006 Community Services Committee 4310 Queen Street Niagara Falls, Ontario L2E 6X5 To whom It may concern; On a previous occasion (2002) I have expressed an interest in leasing the city-owned Reilly Street end properties under the terms of the standard city lease agreement, I fully support John Bevan's application for the Reilly Street end lease, and if he is given the lease 1 will withdraw my application. I reserve the right to reapply should Mr. Bevan not be successful in acquiring the lease. Yours truly, "mom Linda MacRae 4223 Front Street, Niagara falls, Ontario L2G 6G9 5 L- 2002 -13 Chief Administrative Officer Re: To authorize the Transfer to Abutting Owners, for Nominal Consideration of Part of a Laneway Running from Buttrey Street to Ferguson Street, between Dyson Avenue and Muir Avenue. The report recommends: 1. That Council declare surplus that portion of the closed laneway running from Buttrey Street and Ferguson Street between Dyson Avenue and Muir Avenue that still remains in the name of the City. 2. That Council authorize the transfer to abutting owners, for nominal consideration and at no cost to the City, of the westerly half ofa laneway shown on Plan No. 997 running between Buttrey Street and Ferguson Street, located between Dyson Avenue and Muir Avenue. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot that the report be received and adopted. The motion Carded with Alderman Wing voting contrary to the motion and with all others voting in favour. L- 2002 -14 Chief Administration Officer Re: Authorization to proceed with the closing of part of a laneway to the rear of 5061 to 5077 Centre Street. The report recommends that Council authorize staff to proceed with the closing of part ofa laneway on Plan No. 291 lying to the rear of 5061 to 5077 Centre Street. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the report be received and adopted. Carried Unanimously. RATIFICATION OF THE COMMITTEE -OF -THE -WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren that the actions taken in Committee of the Whole, earlier this evening, be approved: The CCI:I Stioet End Leases: That the City enter into the leases with the various lessees as set out in Schedules A" through "G';• Term of Lease 40 years commencing February 1, 2002; rent payable will be reviewed every five years; Amendment to report that rent shall be calculated at $700.00 instead of 800.00 per linear foot and lessees to pay one -half of the survey cost" Appendix "B" to provide for lump -sum payment That the lessees be given the opportunity every five -year review to make a lump -sum payment if they wish, and that they have the right to a lump -sum payment. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -36 A by -taw to amend By -law No. 2000 -268, a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2002 -37 A by -law to authorize monies forGeneral Purposes (Re: February 11., 2002). 2002 -38 A by -lawto adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of February, 2002. The motion Canted with Alderman Orr voting contrary to By -law No. 2002 -36; Aldermen Craitor, Feren and Volpatti voting contrary to By -law No. 2002 -37; and Alderman Wing opposed to By -law No. 2000 -36 on conflicts of lnterest previously noted and with all others voting in favour. 2.7-0 -13- RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Aldennan Pietrangelo, seconded by Alderman Fisher, that the actions taken in Committee -of- the Whole, earlier this evening, be approved: L- 2002 -10 r i"pawa Street End Leases that the City enter into the leases with the various lessees as set out in Schedules "A" through "G" and that the said land be declared surplus. The motion Carried with Alderman Federow voting contrary to the motion and with all others voting in favour. RESOLUTIONS NO. 06 FISHER VOLPATTI WHEREAS By -law Nos. 2002 -022 and 2002 -023 were passed by Niagara Falls City Council on January 21, 2002; and WHEREAS the aforementioned By -laws establish a consistent set of minimum zoning by -law provisions for testamentary devise parcels in the former Townships of Willoughby or Crowland; and WHEREAS the aforementioned By -laws establish minimum lot configurations of 80 metres of frontage and one hectare lot area; and WHEREAS the aforementioned By -laws also establish a consistent set of minimum front, side and rear yard building setbacks as well as a minimum building setback from Trans Canada Pipeline or a watercourse, and WHEREAS the aforementioned By -laws apply a protective zoning to lands such as floodplains, creeks and significant wetlands and woodlots that are currently designated as Environmental Protection Area in the Official Plan. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law Nos. 2002 -022 and 2002 -023. AND The Seal of the Corporation be hereto affixed. Th'e motion Carried with Alderman Pietrangelo abstaining from the vote on a cbnfllct of Interest and with all others voting in favour. BY -LAWS Alderman Volpatti requested that the by -law to provide members of Council with an Aldermanic Community Expense Allowance be withdrawn for further revision. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002-046 Aby -law to amend By -law No. 79 -200, as amended. (Re: AM-36/2001, 8023 Culp Street) 2002-047 A by -law to amend By -law No. 80 -114, as amended, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2002 -048 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs). 2002 -049 A by -law to amend By -Law No. 96.50, being a by -law to provide for establishing parking lots in the City of Niagara Falls. 2002 -050 A by -law to amend By -law No. 89.2000, being a by -law regulating parking and traffic on City roads. 2002 -051 A by -law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province. of Ohtario as represented by the Minister of Transportation. m PO4 262 -13- October 6.2003 Council Minutes 5. R 2003 64 Request for Encroachment Agreement Haulage Road that Council consider the request by Jeff Claydon to enter into an Encroachment Agreement; 6, L- 2003 -65 Authorization for execution and registration of electronic registration by City staff; File No. 2002 -519; 7. L- 2003 -67 Consent to Assignment of Parking Agreements; 0 Y REIT Holdings Inc., to The Manufacturers Life Insurance Company; File No. 1997 -142 that the City consent to the assignment of parking spaces from 0 Y REIT Holdings Inc. to The Manufacturers Life Insurance Company with respect to the Parking Agreements pertaining to the Acres building, Queen Street, Niagara Falls; 8. L- 2003 -68 Establishment of Public Highway; Part 1 on 59R- 12185; as part of Portage Road; File No. 2003 -272; 9. L- 2003 -69 Establishment of Public Highway; Blocks 44, 45 and 46 on Plan 59M- 314 as part of Weinbrenner Road; File No. 1995 -279. Carri Una See By-law No. 2003 -179 See By -law No. 2003 -182 See By-law No 2003 -178 See By -law No, 2003 -176 See By -law No. 2003 -175 RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Feren seconded by Alderman Pietrangelo, that the actions taken in Committee -of- the -Whole earlier this evening, be approved: 1) That Council reaffirms its decision of September 16, 2002 to retain the raj Street end for public use and that all buildings and structures be removed or demolished. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest and Alderman Puttick voting contrary to the motion and with all others voting in favour. RESOLUTIONS NO. 28 PIETRANGELO FISHER THEREFORE BE IT RESOLVED that Niagara Falls City Council fully supports the application for a stadium endorsement for the Avalon Ballroom; and FURTHER BE IT RESOLVED that this resolution be forwarded to the applicant and the Alcohol Gaming Commission of Ontario (AGC0). AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest and with all others voting in favour. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to Introduce the following by -laws; and the by -laws be read a first time: 2003 -175 A by -law to establish Blocks 44, 45 and 46 on Plan 59M-314 as a public highway, to be known as and to form part of Weinbrenner Road. 2003 -176 A by -law to establish Part 1 on Reference Plan 59R -12185 as a public highway, to be known as and to form part of Portage Road. 2003 -177 A by -law to establish Part 1 on Reference Plan 59R -7271 as a public highway, to be known as and to form part of Fallsview Boulevard. 1 11 7 May 28, 2007 Council Minutes REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendation from the Corporate Services Committee, on May 28, 2007 be approved. The following items are to be ratified from the May 16 2007, meeting of the Corporate Services Committee: 1. That the 2007 General Purposes Budget be approved as presented with an amendment to include a grant in the amount of $1,500.00 for the Child Advocacy Centre. 2. To take any monies past 2007 not previously approved and identified for the Downtown SIP out of the 2007 -2011 Capital Projects Budget, 3. That the 2007 -2011 Capital Budget be approved with the amendment to the Downtown SIP as noted previously. The following items are to be ratified from tonight's meeting of the Corporate Services Committee. 1. That the minutes of the May 16th meeting be approved as recorded. 2. That the revised municipal bingo policy and amendments to the lottery licensing fee bylaw be approved. 3. That the 2007 Financing Lease Report be received for information. 4. That June 29 and September 28 be approved as the 2007 final due dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 5. That the 2007 Property Tax Rates be approved. 6. That the report on possible long -term changes to the Licensing By -law to permit seasonal vendors be deferred. 7. That Council be provided with a copy of the draft Market Feasibility Study for the Downtown. 8. Resolved that the Council go Into a closed meeting to consider a proposed or pending acquisition or disposition of and by the municipality. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendation from the In Camera meeting, on May 28, 2007 be approved. 1. That Part 2 on Reference Plan 59R -13284 ("subject lands") be declared surplus, and offered for sale, by way of direct sale, to the abutting owners, 1448190 Ontario Limited and 258796 Investments Limited, for the appraised price of $4,200.00, and further, that the abutting owners pay for all costs associated with the sale. 2. That staff Investigate the possibility of building on -site on the property known as alturA Street end Carried with Councillor Wing opposed to item #2. CD- 2007.12 Revision to Supply Services Policy It is recommended that the signing authority for the City's two executive director positions be increased to $50,000. ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the report be approved as recommended. with Councillors Thomson, Fisher, loannoni and Wing opposed. Carried November 3, 2008 L- 2008 -40 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj1alls Re: L- 2008 -40 Niagara Falls Memorial Arena Proposed purchase by Canadian Niagara Hotels Inc. Our File No. 2008 -181 RECOMMENDATION: 1. That the correspondence from Canadian Niagara Hotels Inc. dated September 17, 2008, a copy of which is attached hereto as Appendix "1", be received. 2. That the Niagara Falls Memorial Arena site be sold by a public tender process. 3. That Canadian Niagara Hotels Inc. be invited to participate as a bidder in the public tender process, in the same manner as any other bidder. BACKGROUND: The City has received correspondence from Canadian Niagara Hotels Inc. requesting that the City enter into negotiations for the sale of the Niagara Falls Memorial Arena site. Analysis: Staff can see no advantage to the City in entering negotiations concerning this property with one party, at this time. Staff believe that a competitive bidding process is the best way for the City to obtain the greatest value for the property. To achieve a transparent and truly competitive process will require time and planning. The City should not allow itself to be rushed into a decision by the interests of a particular commercial enterprise. The City should seek outside expertise in the marketing of real estate, in order to attract the interest of the widest possible spectrum of potential buyers. In addition, the proposal to negotiate also requests that the City enter into an option. Staff can see no advantage whatever:-in.the City entering into an option agreement with respect to these lands. An option would limit the risk of the would be purchaser, while providing no reciprocal benefit o»t e,®City. The City requires the immediate cashiflaw from- a-tand vac 43,1oQueen street PO Box s10233iNiagara ■FalIs ON Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services November 3, 2008 2 L- 2008 -40 sale to lower its debt. It does not require the delays associated with an option. Finally, even if the City were to ignore the considerations set out above, the current economic situation does not appear to be favourable to obtaining the best possible price for the land. The City is not under pressure to sell just now. The City might be best advised to wait for the economy to rebound to some extent before proceeding with the sale. Canadian Niagara Hotels Inc. will, of course, be invited to participate in any sale process the City undertakes. Recommended by: Approved by: Respectfully submitted: KB /sm Attachment Ken Beaman, City Solicitor Burden, Executive Director of Co" orate Services rati e n MacDonald, Chief Administ Officer September 17, 2005 Mr. John MacDonald Chic l' Administrative Officer City of Niagara Falls 43(0 Queen Street Niagara Falls, ON L2E 6X5 Dear John: Sincerel tvli tael DiCienzo C A N A D I A N N I A G A R A H O T E. I. 6 N C. Re: IYiagra Falls Memorial Arena Property This letter confirms Canadian Niagara Hotels ongoing interest in acquiring the opiton lo purchase the Niagara Fa[I.s Memorial Arena property. Canadian Niagara Hotels wishes to enter into negotiations with the City of Niagara Falls Ibr an agreement to purchase the referenced lands at market value. We understand than this property may not be available until mid -year 2010, however, we would like to enter into an agreement. Would you kindly facilitate this request so that we can move forward w'ilh posilive- negotiations into executing a purchase agreement for the Niagara Falls Memorial Arena property, Thank you for your attention to this request and 1 would appreciate hearing from you. My email address is ntichaeld (.'itniagarafhtlshotels.com or by telephone 905- 374 -4446 ext. 4000. CR. PLAZA I A 4 1 1 u t a r 1 1 1 1 1 r: n.e 'I'i I 5k Irlr Il.� \I rrus 1; <1::11' TIII' P..I.1. :1 Onrs Ix ni 'nu.. I' \1 u. P.O. 1 4 n 1 1 1 1 2 s6 t I.I AV, t I:. 051 .,xm 1..1: \t lrI x11,1:1 374 -1 -111 I 1911 1t..:. APPENDIX "1 November 3, 2008 MW- 2008 -62 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Nia araJalls CA \'A U:1 Re: MW- 2008 -62 Dixon Street Road Closure and Cul -de -Sac Project It is recommended that 1) Dixon Street (Cleveland Avenue to Level Avenue) and a portion of Cleveland Avenue (Dixon Street to approximately 60 meters south) be permanently closed and declared surplus and; 2) that staff be authorized to enter into negotiations for the sale of these lands at a future date. 3) Further, that the proceeds from the sale of these lands be used cover any shortfall in funding for the design and construction of the permanent cul -de -sac road configurations as set out in this report. BACKGROUND: In May of 2003, the City of Niagara Falls completed a Municipal Class Environmental Assessment (EA) that studied the impacts of the closure of Main Street through the Core Tourist Area. The preferred alternative included several recommendations including the permanent closure of Murray Street (Allendale Avenue to Finlay Avenue) and the closure of Dixon Street (Allendale Avenue to Cleveland Avenue). At its meeting on August 18, 2008 City Council adopted the recommendations set out in report L- 2008 -27 which advanced the closure of Murray Street and declared the subject property as surplus for the purpose of a future sale. The Dixon Street closure issue has been complicated by property access issues and as a result the roadway has been temporarily barricaded just east of Cleveland Avenue. A petition dated May 14, 2008, signed by nine property owners was submitted asking City Council to consider the construction of a permanent cul -de -sac to formalize the closure. 543 Q ieent5t l ox a7alls ON Canada C2EI6X5 905-35677521 www.niagarafalls:ca. Working Together to Serve Our Community Community Services Department Municipal Works November 3, 2008 2 MW- 2008 -62 Subsequent correspondence dated June 19, 2008 from Broderick and Partners on behalf of Rudan Holdings Ltd. was received by staff reaffirming the need to permanently establish a cul -de -sac at this location. Staff responded by hosting a Public Information Centre on June 24, 2008 that proposed three alternative configurations for the closure. Twelve (12) residents attended and a proposal for a fourth alternative was developed by the group. This proposal included the closure of Dixon Street (just west of Level Avenue) and the northerly portion of Cleveland Avenue. Subsequent meetings with Mr. Rudan and his representatives were held and a further refinement to this alternative was developed. The recommended solution, shown on the attached plan, includes the following; 1. Construction of a permanent cul -de -sac at a location just east of Cleveland Avenue on Dixon Street in the approximate location where the temporary barriers are today), and, 2. Construction of a permanent cul -de -sac on Cleveland Avenue just north of the last residential dwelling, and, 3. Construction of an "elbow," (i.e., 90 bend) on Dixon Street at Level Avenue. This alternative creates approximately 0.15 ha (0.36 acres) of surplus roadway which, when combined with the adjacent lands on the south side of Dixon Street, creates potential for a large scale development in this area. The 2008 Capital Budget has included funding in the amount of $129,056 which contemplated the construction of only one cul -de -sac. The estimated cost of the proposed alternative is approximately $150,000. Since the timing of construction is linked to the closure and sale of the surplus roadway, staff is recommending that the proceeds from the sale of the property be directed towards the funding of any shortfall between the actual and budgeted costs. The actual terms and conditions of the Purchase /Sale Agreement will be brought back to City Council for their consideration once this proposal has cleared the circulation process by other City departments, Public Utilities and Government Agencies. Public Notice of the permanent closure in accordance with City By -Law 2003 -02, will also be required City Council will also be required to approve the public tender for these works which will likely be scheduled for construction next Spring, subject to the timely completion of the property sale transaction. A copy of this report will be mailed to those residents that were in attendance at the Public Information Centre earlier this Summer subject to Council's direction this evening. November 3, 2008 Recommended by: Approved by: Respectfully submitted: ovic, Executive Director of Community Services EdD H ol 3 an D Geoff -ctor of Municipal Works Joh cDonald, Chief Administrate Officer S:VREPORTSV2008 Reports\MW- 2008 -62 Dixon Street Closure and Cul -de -sac Project.wpd MW- 2008 -62 May 14, 2008 John McDonald, CAO City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario Signed S My ,vgs LS D PETITION ROAD BARRIER AT DIXON AND CLEVELAND STREETS, NIAGARA FALLS, ONTARIO I am in favour of moving the road barrier on Dixon Street to the west of the intersection to permit the free circulation of vehicular traffic from Dixon to „Cleveland Street. The barriers have not been effective and' was installed to stop tourist traffic in the residential area further west of Dixon. The barriers. hould be moved west and a permanent cul de sac installed on the road and eliminate the eyesore. Rudan Holdings Ltd. 5708 Dixon Street Lots 48, 49, 50, and 51 Rudan Holdings Ltd. 6499 Cleveland Avenue Lots 52, 53, 54, 55, 56 SMJR Holdings Ltd. 6541 Cleveland Avenue Lot 59, 6563 Cleveland Avenue Lot 61/ iL s it 5 SO- 97a fa 5-- y A /d go 6 52 2 6 (o4' 3 audI^ 4625 ONTARIO AVE. P.O. BOX 897 NIAGARA FALLS, ON CANADA L2E 6E6 TEL (905) 356 -2621 FAX (905) 356 -6904 tiro derickpartners. co m J.J. BRODERICK Q.C., L.S.M. Law Society Certified Civil Litigation Specialist IV.A. AMADIO J.B. HOPKINS G.A. KIRKHAM LM. GILBERTI Fluent in Italian Si French R. B. BURNS E.P. LUSTIG M. DIGIROLAMO D. F. MARINELLI (1945. 1997) June 19, 2008 CITY OF NIAGARA FALLS 4310 Queen Street P.O. Box 1023 Niagara falls, Ontario L2E .6X5 BARRISTERS AND SOLICITORS Broderick &Partners LLP Effective legal ervice in Niagara since195i. Attention: John MacDonald Chief Administrative Officer Re: Barriers on Dixon Street east of Cleveland Avenue, Nfls. ON I act for Rudan Holdings Ltd. and related companies who own /lease various properties on Dixon Street and Cleveland Avenue as well as other properties in close proximity thereto. One of the properties my client owns /controls is a parcel at the southwest corner of Dixon Street and Cleveland Avenue that was acquired in order to assist it to develop /redevelop its other properties. As you are aware, the City has installed temporary barriers on Dixon Street immediately to the east'of its intersection with Cleveland Avenue. In addition to being very unsightly, the presence of these barriers is a serious problem for my client whose parking facilities described above just to the west of the temporary barriers cannot be accessed west from Stanley Avenue. My client needs to efficiently utilize these parking facilities for its operations and for planned development that it intends to undertake in the area that would also be beneficial to the City. The temporary barriers were ostensibly provided at the current location in order to discourage traffic west from Stanley Avenue along Dixon Street into the residential areas, however, there seems to be little practical value for such a location since all of Dunn Street immediately to the south of Dixon Street is open to traffic from Stanley Avenue west. I understand that at the time that.the City undertook its Environmental Assessment to provide for the re- alignment of traffic in the area of the Fallsview Casino, my client filed an appeal. I am advised that my client agreed to withdraw its appeal at the time, in good faith, in order to allow for the re- alignment plans to go forward on the understanding that the City would do its best to protect the interests of business stakeholders in the area like my client. For the reasons set out above, the presence of the temporary barriers on Dixon Street at their current location is adverse to my client's interests and it appears not in anyone else's interests. We would respectfully request that the City remove the temporary barriers and construct a proper turning circle on Dixon Street immediately west of my client's parking facilities which is west of but still very close to Cleveland Avenue. This will allow my client to effectively use its parking facilities while at the same time blocking traffic from Stanley Avenue along Dixon Street west of Cleveland Avenue. I understand that you are also in receipt of a petition from individuals in the area requesting the same relief. Your support would be appreciated. Yours very truly, BRODERICK PARTNERS LLP EDWARD P. LUSTIG EPL /db cc: Chris Rudan -2- 9 w 0 z -J 0 z 0 X 0 z uj w -J 0 z H- (1) z X o -J w w _J LLJ (f) 0 cr November 3, 2008 CD- 2008 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2008 -12 Council Remuneration RECOMMENDATION: For the information of Council. BACKGROUND: ,r Niagaraflalls How a Council decides upon its own remuneration is often a controversial and highly charged topic. Balancing fair compensation and pay raises with protection of the public purse, is often a difficult task. In Niagara Falls, there have been a variety of methods used over the years to determine Council wage increases including use of economic comparables like the Canadian Consumer Price Index increases and the Industrial Composite of the Ontario Average Weekly Wages and Salaries Index. In addition, a Mayor /Alderman Remuneration Committee was struck in 1998. The most recent method was to tie the Mayor and Council remuneration increase to the same percentage increase as afforded union (and non union) employees as a result of the collective bargaining ratification (see attached by -law). On June 23', Council was apprised, in closed session, of the most recent contract negotiations with the union. As a result, Council directed staff, subject to union ratification, to apply the wage increase (3% per year for three years, effective January 1, 2008) to non- union staff. At the time, there was some discussion about whether the wage increase should, once again, be applied to Council. The prevailing opinion appeared to be that any consideration of a wage increase for Council members should be dealt with in the open Council forum. For the record, the current wage rates for Council members are Mayor ($80,834) and Council ($19,719). 431fr ueen,5treet PO Box 1023 Niagara Falls ON, Canada -L2E 6X5 =905 -356 7521 www.niagarafalls.ca ew v ^fti ?.r l Working Together to Serve Our Community Corporate Services Department Clerks CONCLUSION: There is a logic in tying the Council remuneration to the CUPE negotiated wage increase. Council members are not directly involved in setting their salary increase and the increase is likely to be modest in scale. Nonetheless, it is also appropriate for Council to consider and debate the matter rather than the wage increase being "automatic Recommended by: Approved by: Respectfully submitted: 2 Dean lorfidaty Clerk K. E. Burden, Executive Director of Corporate Services 1 MacDonald, Chief Administrative Officer Passed this first First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -law No. 99 -22 A by -law to amend By -law No. 98 -66, being a by-law to provide for the remuneration of the Mayor and Members of Council of the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 98-66 is amended by adding the following: "3. (a) The salary of the Mayor and the remuneration of each Member of Council shall be increased by the same percentage that the union and non -union employees of the City of Niagara Falls may receive for salary increases in any calendar year. (b) The increase, if any, referred to in subsection (a) shall take effect on January 1 in the year of the increase. (c) If there is more than one increase in a calendar year, then the increases shall be averaged for the calendar year. 4. By -laws No. 90-112 and 90 -113 are repealed." day of February E. C. WAGG, .r 3 ERK A HOMSON, MAYOR February 1 1999, February 1 1999. February 1 1999. 1999. November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -43 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: NiagaraJalls F- 2008 -43 That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. BACKGROUND: Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or cleri':l error was made. Recommended by: Approved by: Respectfully submitted: Todd Har son, Diro tor of Financial Services Ken :urden, Executive Director of Corporate Services John :cDonald, Chief Administrative Officer 'OS ^.13 O PO Box 1023 Niagara Falls ON iL2E 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance AF:Iw R ion I CO 0 O h N N H 9 cO 1� co Cl CO 0 r V 69 69 r 0 V) (O h r e- 0 l9 M V O N V 0 V (9 49 r 0 h r V' 6 O h 0 0 M V f996 m 0 0 M O N Cl CO O) r o 0 p' 0 O o 4 0) e W V 0 o O o 9 CI r V N N 0 CO n ai (0 N f9 P I-- 1 CJ OD MM 0) o CO cri I0 Cl <0 CO r CJ 0 bi ry m N Cl o 1 0 N N 9 4949r 0) N 0) Io N 0)` V N VI CO CO N V o co OJ 9 r NW f9 r 0 O 0 CI O Cl F9 o CO 0 O N O r (9 co N 9 P 0 0) 0 .n O m O N 19 r C) 0 O m O r 19 N N l9 N m N t m 0l O r 9 M N o 0) N N W $1,553.65 $78.34 $702.26 $990.54 $1,291.72 31,263.92 Reason for Application v v In 20000000 0000 p L o C `o 0 c o 0 0 D E v a s v v c> 0> a a V a m a v v L L a o `O `o c o c 0 0 o E E v v a o o a a O a Cn v v L 0 0 `o o` c c o 0 0 o E E o E 0 s v v ;,C;:t a a O 9 O rn 0, v v 0 o `o `o 0 o 0 0 oo 0 E E a 0 0 s N v n a a 03 a) v 'C N L a `o c o C 0 E 0000 v 11.2 E`` X d v a E a 00 aa v v 0000000'Co) o N L L o 0 o` `o c 0 c 0 0 o 0 0 E E v v N N L L 0 0 `o o` c c o 0 :a 0 o E E E v v 0 o N L L 0 0 `o `o c 0 o 0 .0 o E E E a 2-2 n n a a m v o o L L 0 0 `o `o c o o« 0 o o E E a avv m T>, a a a a v ad 00 0 2 2 non 3 3 v v dgip N N A 0< v N N n a o 0 A v v n a o 0 o 0 v 2 A CO CO 3 E LO v N x m O N a a 0 0 v v A v v a a o a v a 0 x 2 3 v oo R o L o v o x A o a N 0 o 0 E v a 03 d v a -a o a e 00 C O v as o o o L L 0 0 `o `o o f 0 `0 o '0 E E a a v d T>. a a a v 0 0 L o `o c o 0 .L E a� a m X E 0 v a E m v v wE E E X E 0 O F o v U co c E E E co N C as E a E C O m X E 0 E N v G F E v X E 0 v F E E v m E E v X 0 v E E E E o 0 m m m a o v «0 Q 0 0 L m o `o 0 0 0 0 0 a 0 0 E vaa m v; a 1) v W v A v m 0000 v v 0 0 L L 0 0 `o `o 2 c o 0 o E E E v 2 c c a L a a m v m w Became exempt Became exempt Became exempt Gross or manifest enor Bross or manifest error a a ti m o t d a O a a v v >.a>.>. a a a az� atior� Year 0 0 N 0 0 0 0 N 01 0 0 0 0 N N 0 0 0 0 0 0 N N 0 0 0 0 N N 0 0 0 0 N N 0 0 0 N Name and Address of Applicant Rigas, Christos, 6330 Emma St, Niagara Falls, ON L2J 4H2 1546955 Ontario Ltd, 5246 Marcel Cres, Niagara Falls, ON L2E 7M5 Lundy's Lane Development, 54 Hanna Rd, Toronto, ON M4G 3M6 Snider, Robert Henry, 5575 Highland Ave, Niagara Falls, ON L2G 4W9 Niagara Falls City, Go Niagara Falls Boys Gins Club, 6681 Culp St, Niagara Falls, ON L2G 2C5 1346763 Ontario Inc, 855 Elm St, PO Box 13, Port Colborne, ON L3K 5V7 St John's United Church, 3618 Baker Rd, RR 3, Niagara Falls, ON L2E 656 Pepper, Marilyn Jane, 4 Milner PI, Fonthill, 014 L03 1E4 Pepper, Marilyn Jane, 4 Milner PI, Fonthill, ON LOS 1E4 ridgy V N 000000 N N Cco 0 01 N r- N N N co coas N N N N m y N N O) N N 0 Cl 0000 N V 0 N N 0 n N W W 0 N N m r 0 N N 0 D) 0 0 N N fO m 0 0 N N N 0 0 N N a 0 0 .0000 N N 0 0 N r 0 N N W 0 0 0 0 N N m n CO C6 0 0 N N o N 8 0 0 N N o 8 0 0 N N 2008 -82 2008 -83 2008 -88 2008 -89 2008 -698 N o W 5 u F 'c o 0 co co 0 F .E E 0 U cu CD w Z g2 ti o o ca o c l L co 0) 0) n CITY OF NIAGARA FALLS Assessment Region U N To x W F a O� 0= u. z u. rc a O m O P W IT K z-- 0 S W n Z U n LL c 2 o pa F U" D a a to a E. 0. 0 m x u R CD CJ O N E 11/ E E 0 d CO 0 CO N X 04 J Z O To CO Z N O 0 CO 0 a C0 m O M N S U To m Z 0 U v 0 c u 0 n U ti 0 m ro O N November 3, 2008 F- 2008 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara,Falls Re: F- 2008 -44 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $21,531,071.22 for the period September 18, 2008 to October 15, 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: Todd H. rison, D r ector of Financial Services Approved by: Respectfully submitted: Ken B John .en, Executive Director of Corporate Services cDonald, Chief Administrative Offi saLicinccratithM 316Queeni5treettP05,Box1023 Niagara Falls ON,: Canada,I L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 2037921 ONTARIO INC. 2141779 ONTARIO INC 2161413 ONTARIO LIMITED 289900 ONTARIO LTD 0/0 JOSEPH MISZK 475326 ONTARIO INC 4TRIPLE5 632162 ONTARIO LTD HOWARD JOHNSON 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATION LTD A COUPLE OF CHICKS MARKETING LTD ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADAMS,JONATHAN ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AIKMAN,DOUG., REVEREND AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALZHEIMER SOCIETY AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMCTO ZONE 3 SECRETARY TREASURER AMLAP CORPORATION INC ANGLE,BETH ANNA'S INFLATABLES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AYOTTE,DAVID LEO B B LIFT TRUCK SERVICE B C TRUCK CENTRE (PARTS) BAILEY,RICHARD BAIOCCO CONSTRUCTION CORPORATION BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BARCLAY TODD'S BARCLAY TODD'S BARON ROOFING SIDING LTD BARRY BRYAN ASSOCIATES (1991) LTD BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BHAN,SATISH SICKLE MAIN INDUSTRIAL SUPPLY BIRDIE GOLF CARTS BITNER,LAURIE BOB ROBINSON SON CONSTRUCTION BOLAND,BRAD BORDEN LADNER GERVAIS BORDER PONTIAC BUICK GMC LTD BOUW,JEFF BOUW,JOHN BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRINKS CANADA LTD Cheque No. Cheque Date Purpose 322822 24- Sep -2008 CONTRACT SERVICES 323221 15 -Oct -2008 REFUND ARB APPEAL 322972 01 -Oct -2008 CELEBRATE OLD DOWNTOWN 323222 15 -Oct -2008 REFUND RE AM2008 -020 ZONING 323223 15- Oct -2008 REFUND ARB APPEALS 323224 15- Oct -2008 REFUND TAX OVERPAYMENT 323111 08- Oct -2008 MATERIALS 323225 15- Oct -2008 REFUND ARB APPEAL 322998 01 -Oct -2008 CONTRACT SERVICES ASPHALT F 322823 24- Sep -2008 CONTRACT SPLASH PAD /RUBBERh 323113 08 -Oct -2008 ADVERTISING -NFT WEBSITE DEVEI 322825 24- Sep -2008 MAINTENANCE /REPAIRS 322973 01 -001 -2008 MAINTENANCE /REPAIRS 323112 08 -Oct -2008 MAINTENANCE /REPAIRS 323226 15 -001 -2008 MAINTENANCE /REPAIRS 322826 24- Sep -2008 MATERIALS 322974 01 -Oct -2008 CONTRACT SERVICES 323114 08 -Oct -2008 CONTRACT SERVICES 323227 15 -001 -2008 BROKERAGE FEES 323115 08 -Oct -2008 DONATION 322975 01 -Oct -2008 MAINTENANCE /REPAIRS 323228 15 -Oct -2008 MAINTENANCE /REPAIRS 323229 15- Oct -2008 CONTRACT 8758 PARLIAMENT 322976 01 -Oct -2008 MATERIALS 323230 15- Oct -2008 CONTRACT -P CUMMINGS PK 322978 01- Oct -2008 MATERIALS 323116 08- Oct -2008 MATERIALS 322977 01- Oct -2008 MATERIALS 322827 24- Sep -2008 REMITTANCE 322828 24- Sep -2008 PAYROLL REMITTANCE 322969 24- Sep -2008 REMITTANCE -50% NEGOTIATION FE 322979 01 -00t -2008 PAYROLL REMITTANCE 323117 08 -Oct -2008 PAYROLL REMITTANCE 323231 15- Oct -2008 PAYROLL REMITTANCE 323232 15 -001 -2008 ADMINISTRATIVE- REGISTRATION Z■ 322818 19 -Sep -2008 MATERIALS -LIONS RINK 322980 01-001-2008 TRAVEL /MILEAGE JULY THROUGH 322981 01 -001 -2008 MATERIALS 323118 08 -Oc1 -2008 STORES /INVENTORY 323233 15 -Oct -2008 STORES /INVENTORY 323119 08- Oct -2008 CONSULTING- GARNER SW SANITA 323234 15 -001 -2008 CONSULTING SERVICES RE: WATEI 322982 01 -Oct -2008 REFUND RE: 8277 BEAVER GLEN 323123 08- Oct -2008 LEASES AND RENTS 323124 08 -001 -2008 STORES /INVENTORY 323235 15- Oct -2008 SAFETY SHOES 323236 15 -Oct -2008 CONTRACT GRASSY BR WEST /SAN 322829 24- Sep -2008 REFUND OVERPAYMENT JOHNSON 322983 01- Oct -2008 REFUND -WATER OVERPAYMENT /SI 323120 08 -Oct -2008 REFUND OVERPAYMENT OCT 08 323237 15- Oct -2008 REFUND WATER OVERPAYMENT 323121 08- Oct -2008 CONCESSION SUPPLIES 323238 15- Oct -2008 CONCESSION SUPPLIES 323239 15- Oct -2008 MATERIALS 323122 08 -Oct -2008 CONTRACT SERVICES 322987 01 -Oct -2008 STORES /INVENTORY 322984 01 -001 -2008 UTILITIES 322985 01 -001 -2008 UTILITIES 322986 01- Oct -2008 UTILITIES 323125 08 -O01 -2008 UTILITIES 322988 01-001-2008 LIVESTOCK LOSS CLAIM SEPO8 323126 08 -Oct -2008 STORES /INVENTORY 323240 15- Oct -2008 LEASES AND RENTS 322989 01- Oct -2008 MATERIALS 322928 24 -Sep -2008 CONTRACT SERVICES EMERGEN( 322990 01 -001 -2008 MATERIALS 322830 24 -Sep -2008 CONSULTING -TAX ASSESS APPEAL 323127 08- Oct -2008 EQUIPMENT /2009 GMC SIERRA 322991 01 -Oct -2008 REMITTANCE: RE LIVESTOCK LOSS 322992 01 -Oct -2008 MATERIALS 322831 24- Sep -2008 OCTOBER 08 GRANT ALLOWANCE 323242 15 -Oct -2008 MATERIALS 322832 24 -Sep -2008 CONTRACT SERVICES Page 1 of 8 Amount 45.00 198.30 1,155.00 825.00 4,361.70 902.00 400.00 18,412.41 140,843.00 44,303.49 6,195.00 8,699.39 593.25 84.00 139.13 80.00 1,379.05 194.25 369.28 500.00 4,202.80 79.97 9,298.11 524.04 60.90 4,633.00 305.10 94.72 600.00 615.30 226.04 615.30 604.11 604.11 50.00 16,274.00 64.00 842.40 466.39 75.30 14,114.87 7,459.20 750.00 305.10 368.11 150.00 5,250.00 90.54 243.66 160.95 124.98 312.45 413.02 3,228.75 24,605.25 84.34 874.00 17.81 90.65 9,488.29 150.00 223.52 672.35 299.11 1,039.50 600.00 546.00 64,532.04 60.00 170.00 17,850.00 702.81 1,565.77 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BROCK AUTOMOTIVE BRONIZEWSKI,MARIA LISA BROWNS SEPTIC SERVICE LTD BUNTIN REID BURKE GROUP THE BUSINESS LINK NIAGARA LTD THE C C CLEANING SERVICES C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE THE CAMERON,KATHERINE CAMPBELL,CAREY CANADA BREAD- ONTARIO #T6249 CANADA CULVERT CANADA TRUST COMPANY THE CANADIAN CRITICAL INCIDENT STRESS FOUNDATION INC CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE CORPORATION LTD CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CARSON,DAN CARSWELL CARTER CAR TRUCK RENTALS CELEBRATE OLD DOWNTOWN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEW LANE FABRICATIONS CHRISTENSEN,TRACI CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF NIAGARA FALLS COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLONIAL CLEANERS COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITY HERITAGE ONTARIO CONLON,KRISTIE CORPORATION OF THE CITY OF WELLAND COTTON INC COTTON INC COTTON INC COTTON INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CREDIT UNION OF CENTRAL ONTARIO CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC CYGNAL TECHNOLOGIES CORP T46181 Cheque No. Cheque Date 322833 24- Sep -2008 323128 08 -Oct -2008 323129 08 -Oct -2008 323130 08- Oct -2008 323131 08 -Oct -2008 323132 08 -Oct -2008 323000 01 -Oct -2008 322850 24 -Sep -2008 323005 01 -Oct -2008 322834 24- Sep -2008 323133 08 -Oct -2008 323243 15 -Oct -2008 322835 24 -Sep -2008 322993 01 -Oct -2008 323134 08- Oct -2008 323244 15 -Oct -2008 323246 15 -Oct -2008 323252 15- Oct -2008 323245 15 -Oct -2008 323135 08- Oct -2008 322836 24- Sep -2008 323247 15- Oct -2008 322994 01 -Oct -2008 323248 15- Oct -2008 322838 24- Sep -2008 322995 01 -Oct -2008 323249 15 -Oct -2008 322839 24- Sep -2008 323251 15 -Oct -2008 322837 24- Sep -2008 322840 24 -Sep -2008 323250 15- Oct -2008 323253 15 -Oct -2008 323254 15-Oct-2008 323255 15 -Oct -2008 322841 24- Sep -2008 322842 24- Sep -2008 323257 15 -Oct -2008 322996 01- Oct -2008 322843 24- Sep -2008 322997 01- Oct -2008 323136 08- Oct -2008 323258 15- Oct -2008 323259 15- Oct -2008 323260 15 -Oct -2008 322844 24- Sep -2008 323137 08 -Oct -2008 322845 24- Sep -2008 323138 08 -Oct -2008 322846 24 -Sep -2008 323139 08 -Oct -2008 323261 15- Oct -2008 323262 15- Oct -2008 322847 24- Sep -2005 323001 01 -Oct -2008 323140 08 -Oct -2008 323263 15 -Oct -2008 323141 08 -Oct -2008 322999 01 -Oct -2008 322848 24- Sep -2008 323002 01 -Oct -2008 323003 01- Oct -2008 323142 08- Oct -2008 322849 24- Sep -2008 323004 01 -Oct-2008 323144 08 -Oct -2008 323264 15- Oct -2008 323265 15 -Oct -2008 322851 24- Sep -2008 323006 01 -Oct -2008 323145 08 -Oct -2008 323266 15 -Oct -2008 323267 15 -Oct -2008 322852 24- Sep -2008 Purpose STORES /INVENTORY REFUND: DEPOSIT RE; 7117 WATEF CONTRACT SERVICES OFFICE SUPPLIES ADMINISTRATIVE ADVERTISING MATERIALS EQUIPMENT RENTAL EQUIPMENT RENTAL CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND: PAPP OVERPAYMENT SEI TRAVEL /MILEAGE SEPO8 CONCESSION SUPPLIES MATERIALS REFUND ARB 2006/07/08 MEMBERSHIP 2008/2009 MAINTENANCE /REPAIRS CONTRACT SERVICES REFUND ARB 2006 2007 CONTRACT SERVICES -INT'L BRIDGI CONTRACT SERVICES MAINTENANCE /REPAIRS LEASES AND RENTS MATERIALS MATERIALS REFUND ARB 2006/07/08 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS LEASES AND RENTS MATERIALS -RE DDD LIGHTS MATERIALS MATERIALS REMITTANCE LIFEWORKS SEPO8 STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS CONSULTING SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS LEASES AND RENTS ARENA FLOAT 2008 UTILITIES UTILITIES UTILITIES MAINTENANCE /REPAIRS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP RENEWAL /MUNICIPA DEPOSIT REFUND RE 7880 BEAVEI MATERIALS MATERIALS CONTRACT -WATER MAI N- BRITTAN I MATERIALS MATERIALS CONTRACT BELL CANADA CONTRACT MIDGLEY J CONTRACT- AMINI V CONTRACT DIANOVA S REFUND TAX OVERPAYMENT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS COMPUTER- BANDWIDTH SEP 08 Page 2 of 8 Amount 135.09 750.00 504.00 2,316.60 1,260.00 420.00 332.50 8,728.31 7,672.61 915.30 1,469.00 103.40 508.50 210.25 59.00 94.02 1,806.87 9,215.00 175.00 819.00 3,396.24 936.64 182,694.45 1,018.23 483.00 1,598.63 5,803.88 2,277.92 16,198.21 264.60 18,702.75 74.03 195.00 135.90 744.67 10,473.75 42.15 461.01 1,644.30 39.86 279.45 359.82 444.74 1,847.55 674.00 3,198.67 558.18 4,520.57 250.00 322.85 608.59 283.43 86.97 1,805.18 20,362.34 19,804.71 72.00 750.00 734.44 3,728.81 108,580.10 1,403.78 67.80 1,560.00 1,830.00 610.00 900.00 217.99 3,998.86 3,639.33 3,605.07 3,840.77 500.00 2,943.94 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DELL CANADA INC DENCO ENGINEERING LTD DESIGN ELECTRONICS DESNA APARTMENTS LTD DILSE,PAUL DOL TURF RESTORATION LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DREN,KARL DUERKSEN,ANGELA DUO TEMP (NIAGARA) LIMITED ELECTROMEGA LTD ELIA,MICHAEL ELLIS ENGINEERING INC EMPIRE LIFE INSURANCE COMPANY THE EMRY SERVICES INC ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENDURA CONSTRUCTION LTD ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ESRI CANADA LTD ETHERINGTON,DAVE EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FELICETTI,ANNY FENCAST INDUSTRIES LTD FIRE GROUP FIRE MONITORING OF CANADA INC FIRST NATIONAL FINANCIAL FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FRED CRAIG G P S PURSUIT INC GALES GAS BARS GALT MACHINE KNIFE SAW GARRATT,DIANE GB ENERBY CONSULTING INC GENIVAR ONTARIO INC GEORGIAN FIREGEAR SERVICE GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GOODLIFE FITNESS CLUBS GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC HD UTILITIES SUPPLY NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC Cheque No. Cheque Date Purpose 323268 15 -Oct -2008 COMPUTER 322853 24- Sep -2008 MATERIALS 323007 01 -Oct -2008 MAINTENANCE /REPAIRS 323269 15- Oct -2008 REFUND ARB 2006/07/08 323146 08- Oct -2008 CONTRACT SERVICES HERITAGE /A 322854 24- Sep -2008 CONTRACT -TURF KALAR PK/GIRI 323008 01 -Oct -2008 MATERIALS 322855 24- Sep -2008 OFFICE SUPPLIES 323147 08 -Oct -2008 TRAVEL /MILEAGE AUG /SEP08 323148 08 -Oct -2008 TRAVEL /MILEAGE -AMCTO OCT 08 323009 01- Oct -2008 MATERIALS 323149 08- Oct -2008 MATERIALS 323011 01 -OcI -2008 REIMBURSEMENT PROMOTIONAL f 322856 24- Sep -2008 CONTRACT SERVICES RE WEIGHT( 323150 08- Oct -2008 REMITTANCE -ATU GROUP OCT08 322819 19 -Sep -2008 CONTRACT SERVICES -OAKES PK C 322857 24- Sep -2008 UTILITIES 323012 01- Oct -2008 UTILITIES 323151 08 -Oct -2008 UTILITIES 323270 15- Oct -2008 UTILITIES 323013 01 -Oct -2008 CONTRACT ELECTRICAL CHIPPAW, 322858 24- Sep -2008 CONSULTING MACBAIN PARK 323014 01- Oct -2008 CONSULTING -GIRLS SOCCER /FLOC 323271 15- Oct -2008 CONSULTING SERVICES -P CUMMIN 323015 01 -Oct -2008 CONTRACT SERVICES 322859 24- Sep -2008 MATERIALS 323152 08 -Oct -2008 TRAVEL /MILEAGE SEPTEMBER 08 322860 24- Sep -2008 CONTRACT -8074 ORCHARD GROVE 323016 01- Oct -2008 CONTRACT -4934 MCRAE 323153 08 -Oct -2008 CONTRACT -5981 FALLSVIEW 323272 15 -Oct -2008 CONTRACT 5065 KITCHENER 322861 24- Sep -2008 MAINTENANCE /REPAIRS 323154 08- Oct -2008 MAINTENANCE /REPAIRS 323017 01- Oct -2008 CONCESSION SUPPLIES 323155 08- Oct -2008 CONCESSION SUPPLIES 323273 15- Oct -2008 CONCESSION SUPPLIES 322862 24- Sep -2008 MATERIALS 323018 01- Oct -2008 COURIER 323019 01 -Oct -2008 TRAVEL /MILEAGE SEP08 323274 15- Oct -2008 REFUND ARB 2006 /07/08 322863 24- Sep -2008 CONTRACT -5450 KITCHENER 323156 08- Oct -2008 CONTRACT MONITORING /CORON/ 323020 01 -Oct -2008 REFUND OVERPAYMENT 6749 WAR 323022 01- Oct -2008 STORES /INVENTORY 323157 08 -Oct -2008 STORES /INVENTORY 323275 15- Oct -2008 STORES /INVENTORY 323023 01- Oct -2008 MATERIALS 323281 15- Oct -2008 MATERIALS 323276 15 -Oct -2008 FUEL 322864 24- Sep -2008 MAINTENANCE /REPAIRS 323277 15- Oct -2008 CLAIM 2008 -92 REIMBURSEMENT 322865 24- Sep -2008 CONSULTING SERVICES 322821 24- Sep -2008 TRAINING COURSE SEPTEMBER 25 323278 15-Oct-2008 MAINTENANCE /REPAIRS 323024 01 -Oct -2008 MATERIALS 323158 08- Oct -2008 MATERIALS 323279 15- Oct -2008 MATERIALS 323280 15 -Oct -2008 UTILITIES 322866 24- Sep -2008 TRAVEL /MILEAGE JUN -SEP 08 323159 08-Oct-2008 REMITTANCE -CORP MEMBERSHIP: 322867 24- Sep -2008 MATERIALS 323025 01 -Oct -2008 MATERIALS 323160 O8 -Oct -2008 MATERIALS 322668 24 -Sep -2008 PAYROLL REMITTANCE 323027 01- Oct -2008 CONTRACT SERVICES -LAWN MAIN 323028 01- Oct -2008 COURIER 322869 24- Sep -2008 CONSULTING TRANSFORMER #429 323029 01 -Oct -2008 CONTRACT- ESA/CLIFTON #1 CO2 -2: 322870 24- Sep -2008 STORES /INVENTORY 323030 01 -Oct -2008 STORES /INVENTORY 323284 15- Oct -2008 STORES /INVENTORY 322871 24- Sep -2008 MAINTENANCE/REPAIRS 323031 01- Oct -2008 MAINTENANCE /REPAIRS 323161 08- Oct -2008 LEASES AND RENTS Page 3 of 8 Amount 14,064.70 500.84 13,891.67 16,669.06 1,468.26 247,718.75 637.06 284.76 249.00 120.00 2,053.80 2,118.75 163.20 5,847.45 28,580.14 2,595.60 218.43 655.07 52.50 3,958.70 41,407,59 2,268.00 724.50 8,011.50 126.00 565.00 127.50 157.50 281.40 701.40 651.00 3,095.40 452.84 891.52 615.18 1,081.94 1,727.93 91.41 340.00 1,690.96 2,708.84 289.43 1,061.60 78.20 315.68 396.86 612.46 120.75 510.05 176.28 210.75 2,598.75 343.35 447.05 167.39 1,499.18 381.38 126.45 93.50 1,058.40 426.30 491.03 476.92 32.40 1,416.46 21,193.53 1,315.94 97,493.64 1,718.28 253.12 2,163.67 4,953.89 385.33 621.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HAMILTON,STEPHEN HAMILTON DIGITAL DESIGNS LTD HERLOVITCH,ALEX HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HOLIDAY INN (NIAGARA FALLS) LIMITED HOLMAN,GEOFF HUYNH,PHAT 131 GROUP C ECO ADVANCED ARENA PRODUCTS C I CANADA INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NTERNATIONAL BINDING LAMINATING SYSTEMS INC OANNONI,CAROLYNN J J MACKAY CANADA LTD J W IVES ENTERPRISES JACKSON,DAVE JAGGER RIMS LIMITED JEFF KANYO ELECTRIC JESSOP,JIM KAN DU POOLS LTD KELLY DIGS LANDSCAPING KEN THOMAS, KNOWLTON PASS ELECTRONICS INC KOCHANOFF,ROBERT KOCHANOFF,STAN KRAHN,FRANK KRONSTEIN,MARK KUCHYT,TOM LACROIX,PAUL LAFARGE CANADA INC LAKES MAINTENANCE LATOPLAST LTD LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LOCOCO,PHILIP LUEY,CATHERINE MACDONALD,LAURA MANCUSO,FRANK MANPOWER MAR -CO CLAY PRODUCTS INC MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCAULEY,DON MCCONNELL,LUCILLE MCCONNERY,STAN MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC METZ FIRE RESCUE MG PROMOTIONS MG PROMOTIONS MIDE BISTRO MIDE BISTRO MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC Cheque No. Cheque Date Purpose 323283 15- Oct -2008 MAINTENANCE /REPAIRS 322872 24 -Sep -2008 MATERIALS TOPSOIL 323032 O1- Oct -2008 TRAVEUMILEAGE JULY 08 323163 08-Oct-2008 PETTY CASH OCTOBER 08 323162 08- Oct -2008 MAINTENANCE /REPAIRS 323164 08 -Oct -2008 TRAVEL /MILEAGE 322873 24- Sep -2008 CONTRACT SERVICES 323285 15-Oct -2008 CONTRACT SERVICES 323286 15- Oct -2008 REFUND ARB 2004 2005 323165 08-Oct -2008 TRAVEL /MILEAGE SEP 08 322874 24- Sep -2008 REFUND FAIRVIEW PLOTSISEC 02 t, 323166 08- Oct -2008 CONSULTING TRANSIT RIDERSHIP 322875 24- Sep -2008 MATERIALS 322876 24 -Sep -2008 MATERIALS 322877 24 -Sep -2008 MATERIALS MACLEAN /PROWTEN 322878 24 -Sep -2008 MATERIALS 322879 24-Sep -2008 TRAVEL /MILEAGE AMO CONE 08 323169 08 -Oct -2008 MATERIALS 323289 15- Oct -2008 STORES /INVENTORY 323288 15 -Oct -2008 TRAVEL /MILEAGE 323168 08- Oct -2008 CONSULTING SERVICES -4 -PAD 322881 24- Sep -2008 CELEBRATE OLD DOWNTOWN 322880 24- Sep -2008 REIMBURSEMENT COURIER CHG5 323170 08 -Oct -2008 MATERIALS 322882 24- Sep -2008 CONTRACT SERVICES PLANTER V 323349 15 -Oct -2008 REIMBURSEMENT FOR REPAIRS TC 323290 15- Oct -2008 CONTRACT SERVICES 322884 24- Sep -2008 REFUND SELL BACK OF PLOTS TC 322885 24- Sep -2008 REFUND SELL BACK OF PLOTS TC 323171 08 -Oct -2008 MATERIALS 323291 15 -Oct -2008 TRAVEL /MILEAGE 323172 08 -Oct -2008 TRAVEL /MILEAGE 322886 24- Sep -2008 CELEBRATE OLD DOWNTOWN 323035 01 -Oct -2008 CONTRACT 2008 -03 ASPHALT OVEF 323292 15 -Oct -2008 CONTRACT SERVICES 323293 15-Oct -2006 STORESIINVENTORY 322888 24- Sep -2008 FUEL 323037 01 -Oct -2008 FUEL 323174 08- Oct -2008 FUEL 322889 24- Sep -2008 CELEBRATE OLD DOWNTOWN 323038 01 -Oct -2008 TRAVEL /MILEAGE 323039 01- Oct -2008 REFUND TAX OVERPAYMENT 323297 15 -Oct -2008 REFUND DAMAGE DEPOSIT 322890 24- Sep -2008 CONTRACT SERVICES 322891 24- Sep -2008 MATERIALS 322892 24- Sep -2008 CONTRACT SERVICES 323040 01 -Oct -2008 CONTRACT SERVICES KALAR ROAI 323298 15- Oct -2008 TRAVEUMILEAGE 323299 15- Oct -2008 TRAVEL /MILEAGE 323300 15 -Oct -2008 TRAVEL/MILEAGE 323041 01- Oct -2008 MATERIALS 323301 15 -Oct -2008 TRAVEUMILEAGE 323042 01 -Oct -2008 CONSULTING LIVESTOCK VALUER 323302 15 -Oct -2008 MATERIALS CANADA DAY 323220 10 -Oct -2008 EQUIPMENT 323043 01- Oct -2008 MATERIALS 323175 08 -Oct -2008 MATERIALS 322893 24- Sep -2008 DEPOSIT FOR BRIDGES TO BETTEF 323176 08 -Oct -2008 MATERIALS BALANCE OWING FOF 323044 01 -Oct -2008 TRAVEL /MILEAGE 322894 24 -Sep -2008 PAYROLL REMITTANCE 322896 24 -Sep -2008 MATERIALS 400 MARRIAGE LICEN: 322897 24- Sep -2008 PAYROLL REMITTANCE 323045 01- Oct -2008 PAYROLL REMITTANCE 323047 01 -Oct -2008 PAYROLL REMITTANCE 323048 01- Oct -2008 PAYROLL REMITTANCE 323177 08 -Oct -2008 PAYROLL REMITTANCE 323303 15- Oct -2008 PAYROLL REMITTANCE 323305 15- Oct -2008 REMITTANCE PST FOR SEPTEMBE 322895 24- Sep -2008 PAYROLL REMITTANCE 323046 01 -Oct -2008 PAYROLL REMITTANCE 323178 08 -Oct -2008 PAYROLL REMITTANCE 323304 15 -Oct -2008 PAYROLL REMITTANCE 323049 01- Oct -2008 CONTRACT SERVICES Page 4 of 8 Amount 1,057.68 2,208.72 145.50 851.08 474.60 115.00 199.50 498.75 19,716.93 189.50 6,010.20 10,793.58 10,862.59 58.33 276.83 695.63 504.60 188.27 1,379.19 156.00 5,489.90 9,350.20 145.68 1,689.22 12,206.04 210.00 259.88 732.72 732.72 60.00 66.00 460.00 3,730.50 292,030.01 331.55 21.81 47,946.39 5,477.44 40,640.05 200.00 389.00 168.86 750,00 120.61 595.68 1,876.00 3,590.42 84.00 52.20 108.00 150.00 108.00 60.00 377.14 873,892.00 1,026.49 1,188.76 875.00 353.90 299.60 123.98 19,200.00 65.20 128.05 55,044.00 3,430.80 130.61 130.61 8,904.68 1,488.34 1,617.88 1,553.11 1,553.11 733.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY. MIKE MOORE,KEN MOROCCO,JOHN MORTONDALE MR QUICK SOFT CLOTH MWH SOFT, INC. MWH SOFT, INC. N Y STYLE DELI NATIONAL CAR RENTAL (CANADA) INC NATIONAL QUALITY INSTITUTE NELSON EDUCATION LTD NGUYEN,MAI NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA CUSTOM POWDER COATING INC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS MOTOR LODGE NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES 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 REGIONAL ATHLETICS NIAGARA REGIONAL POLICE SERVICE NIAGARA SHEET METAL FABRICATING LTD NIAGARA SHEET METAL FABRICATING LTD NIAGARA SHEET METAL FABRICATING LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRUCK N' STUFF INC NIAGARA WORSHIP CENTRE NIAGARA.COM NORTON,GAGE NOTRE DAME OF ST AGATHA OCE- CANADA INC OMERS OMERS ONOFRIO,CARL DAVID ONTARIO POWER GENERATION INC OPTIMIST CLUB PAGENET OF CANADA INC PEARLMAN IDDON ASSOCIATES A DIVISION OF LAB OUR RELATI PEC ROOF MAINTENANCE PECK,FRED PENDLEBURY COST CONSULTANTS PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PEOPLE 2 DESIGN PERFORMANCE CHRYSLER PERRI,PASQUALE PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PETERS EXCAVATING INC PHILIPS ENGINEERING PINCHIN ENVIRONMENTAL PINTER,MARGARET PLAYPOWER LT CANADA INC T44069C PLAYPOWER LT CANADA INC T44069C Cheque No. Cheque Date Purpose 323179 08- Oct -2008 CONTRACT SERVICES 322898 24 -Sep -2008 CONTRACT SERVICES 323306 15-Oct-2008 REIMBURSEMENT 323180 08- Oct -2008 TRAVEL /MILEAGE 323181 08- Oct -2008 TRAVEL /MILEAGE 323050 01 -Oct -2008 CONTRACT SERVICES US DRAFT 01 -Oct -2008 COMPUTER SOFTWARE US DRAFT 07- Oct -2008 ANNUAL AGREEMENT 323318 15 -Oct -2008 ADMINISTRATIVE COUNCIL DINNE 323051 01 -Oct -2008 REFUND DUPLICATE PAYMENT PAF 323307 15- Oct -2008 MEMBERSHIP 323052 01- Oct -2008 MATERIALS 322970 30 -Sep -2008 ADMINISTRATIVE PHYSICIAN RECI 323308 15- Oct -2008 MATERIALS 322900 24- Sep -2008 GRANT 323053 01- Oct -2008 MATERIALS 322904 24- Sep -2008 PAYROLL REMITTANCE 323055 01 -Oct -2008 PAYROLL REMITTANCE 323056 01 -Oct -2008 PAYROLL REMITTANCE 323182 08- Oct -2008 PAYROLL REMITTANCE 323311 15- Oct -2008 PAYROLL REMITTANCE 322901 24- Sep -2008 GRANT 322902 24- Sep -2008 CONTRACT SERVICES 322903 24- Sep -2008 REMITTANCE 323054 01- Oct -2008 REFUND FOR 55 SHUTTLE PASSES 322905 24 -Sep -2008 GRANT 322906 24 -Sep -2008 ADMINISTRATIVE 322907 24- Sep -2008 UTILITIES 322908 24- Sep -2008 UTILITIES 322968 24 -Sep -2008 REMITTANCE -WATER ARREARS SE 323057 01- Oct -2008 REMITTANCE -WATER ARREARS SE 323058 01- Oct -2008 UTILITIES 323183 08- Oct -2008 REMITTANCE -WATER ARREARS OC 323184 08 -Oct -2008 UTILITIES 323312 15 -Oct -2008 WATER ARREARS 15TH OCT 08 323313 15- Oct -2008 UTILITIES 323314 15- Oct -2008 REGISTRATION FOR CITY TEAM M 323185 08- Oct -2008 FALSE ALARM ATTENDANCE 322909 24- Sep -2008 MATERIALS 323059 01 -Oct -2008 MATERIALS 323315 15 -Oct -2008 CONTRACT SERVICES 322910 24- Sep -2008 ADVERTISING TAXES 323316 15- Oct -2008 ADVERTISING 322911 24 -Sep -2008 MATERIALS 323060 01 -Oct -2008 REFUND RELEASE OF SITE PLAN I 323309 15- Oct -2008 SERVICES 323061 01- Oct -2008 MATERIALS 322912 24- Sep -2008 REFUND DUPLIATE PAYMENT OF P, 322913 24- Sep -2008 MATERIALS 323319 15 -Oct -2008 PAYROLL REMITTANCE 323320 15 -Oct -2008 PAYROLL REMITTANCE 323186 08 -Oct -2008 MATERIALS 323063 01- Oct -2008 ANNUAL LICENSE AGREEMENT SEF 323321 15- Oct -2008 MATERIALS 323187 08 -Oct -2008 SERVICES 323065 01-Oct-2008 TRAINING 323067 01- Oct -2008 CONTRACT SERVICES 323066 01 -Oct -2008 MATERIALS 323068 01- Oct -2008 CONTRACT CONVENTION CENTRE 322915 24 -Sep -2008 CONTRACT SERVICES 322914 24- Sep -2008 CONTRACT SERVICES PROJECT E 323188 08- Oct -2008 MATERIALS 323322 15- Oct -2008 MATERIALS 323323 15-Oct-2008 MATERIALS 323189 08 -Oct -2008 MATERIALS 323069 01- Oct -2008 MATERIALS 322916 24- Sep -2008 CONTRACT SERVICES 323070 01 -Oct -2008 CONTRACT SERVICES 322917 24- Sep -2008 CONTRACT SERVICES 2007 183 -07 323071 01 -0cf -2008 CONTRACT SERVICES GRASSYBR 323324 15 -Oct -2008 CONTRACT ASBESTOS CONSULT! 323325 15- Oct -2008 REFUND ARB APPEAL 322918 24- Sep -2008 MATERIALS 323326 15- Oct -2008 MATERIALS Page 5 of 8 Amount 2,459.08 884.62 61.65 210.50 231.39 394.80 5.000.00 3,000.00 271.20 20.00 1.044.75 232.45 1,000.00 98.99 34,369.00 1,296.68 3,080.40 3,080.40 5,371.06 3,080.40 3,080.40 4,666.67 37,711.83 210.00 297.00 33, 333.33 533.75 47.43 5,273.21 3,197.37 17,159.96 339.44 16, 331.24 164,406.03 5,545.77 7,572.11 200.00 70.00 135.60 565.00 113.00 1,593.48 302.40 818.12 3,000.00 59.80 150.00 15.00 502.52 21,644.98 375,193.56 100.00 1,953.00 4,789.52 16.90 355.95 130.14 150.00 9,257.76 1,732.50 31.50 85.00 181.50 779.63 87,999.88 101.68 1,029.20 1,029.20 5,250.00 351.67 94.50 2,891.80 353.24 842.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name POPPA CORN CORP POSTAGE BY PHONE PROFESSIONAL SHOW SERVICES PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PSECO INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R M LOUDON LIMITED R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RBC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIGG MOONEY MONUMENTS RISK PROTECTION GROUP RIVER REALTY DEVELOPMENT (1976) INC RK ASSOCIATES ROGERS WIRELESS INC ROGERS WIRELESS INC RONNIES GENERATOR SERVICE LTD. RUSCITTI,TONY RUSCITTI,TONY SACCO,DOLORES SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFEGUARD ELEVATOR MAINTENANCE LTD SAINT GOBAIN CERAMIC MATERIALS CANADA INC SALCI,TED SARGANT EVENT COMMUNICATIONS INC SCHOOL BOARDS SHAHEEN PEAKER LTD SHEEHAN ARBITRATION MEDIATION SERVICES SHERK SUSAN E BARRISTER SOLICITOR SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIMPLISTIC LINES INC SMITH,DONALD& SMITH, JUNE SMITH,LEE SPINTON ROOFING LIMITED ST JOHN AMBULANCE ST JOHN AMBULANCE STEED EVANS LIMITED STORAGE NIAGARA STRATEGY CORP STREAMLINE STUART,DAVE SUN LIFE OF CANADA Cheque No. Cheque Date 323190 08 -Oct -2008 323191 08- Oct -2008 323327 15 -Oct -2008 322919 24- Sep -2008 323072 01- Oct -2008 322920 24- Sep -2008 323073 01 -Oct -2008 322921 24- Sep -2008 323074 01- Oct -2008 323328 15- Oct -2008 323295 15 -Oct -2008 322930 24- Sep -2008 322922 24- Sep -2008 323075 01- Oct -2008 323329 15 -Oct -2008 323192 08 -Oct -2008 323330 15- Oct -2008 323076 01- Oct -2008 323193 08- Oct -2008 323077 01- Oct -2008 322923 24- Sep -2008 322924 24 -Sep -2008 323078 01- Oct -2008 323079 01- Oct -2008 323194 08 -Oct -2008 323195 08 -Oct -2008 323331 15- Oct -2008 323332 15 -Oct -2008 WIRE TSF 30- Sep -2008 WIRE TSF 10- Oct -2008 322925 24- Sep -2008 323080 01- Oct -2008 323196 08 -Oct -2008 323197 08 -Oct -2008 323333 15- Oct -2008 323334 15 -Oct -2008 323081 01 -Oct -2008 322926 24- Sep -2008 323335 15- Oct-2008 322927 24- Sep -2008 322929 24 -Sep -2008 323082 01- Oct -2008 323336 15 -Oct -2008 323198 08-Oct -2008 323337 15- Oct -2008 323199 08- Oct -2008 323083 01- Oct -2008 323084 01- Oct -2008 323338 15 -Oct -2008 322931 24- Sep -2008 323339 15-Oct -2008 322932 24 -Sep -2008 322933 24- Sep -2008 WIRE TSF 30- Sep -2008 323085 01- Oct -2008 322934 24- Sep -2008 323086 01 -Oct -2008 322935 24- Sep -2008 323087 01 -Oct -2008 323340 15- Oct -2008 322936 24- Sep -2008 323088 01 -Oct -2008 322937 24- Sep -2008 323201 08-Oct-2008 323202 08- Oct -2008 323090 01 -Oct -2008 322938 24- Sep -2008 323203 08- Oct -2008 323091 01 -Oct -2008 322939 24 -Sep -2008 322940 24- Sep -2008 323092 01- Oct -2008 322941 24 -Sep -2008 323094 01- Oct -2008 Page 6 of 8 Purpose Amount MATERIALS 545.95 LEASES AND RENTS 19,752.00 CELEBRATE OLD DOWNTOWN 3,601.61 GRANT 26,175.08 CONTRACT SERVICES 2008 186 -06 452,235.11 CONTRACT SERVICES 1,012.27 CONTRACT SERVICES 1,556.05 COURIER 70.43 COURIER 89.49 COURIER 101.63 CONSULTING WATER /SEWER RA1 1,563.19 CONTRACT WEIGHTMAN BRIDGE 4,088.44 STORES /INVENTORY 280.96 STORES /INVENTORY 622.21 STORES /INVENTORY 381.04 CONTRACT SERVICES 8,253.58 CONTRACT SERVICES 6,900.28 CONTRACT 2007- 157 -05 DON MURIE 182,880.16 TAX REFUND 865.00 ADMINISTRATIVE AUGUST 08 PRE 1,378.10 PAYROLL REMITTANCE 195,254.69 PAYROLL REMITTANCE 220.98 PAYROLL REMITTANCE 192,586.27 PAYROLL REMITTANCE 229.70 PAYROLL REMITTANCE 178,758.21 PAYROLL REMITTANCE 229.70 PAYROLL REMITTANCE 178,496.41 PAYROLL REMITTANCE 261.87 AUG WATER WASTEWATER 1,851,458.62 DEBENTURES INTEREST 309,560.42 CONTRACT SERVICES PROSECUI 162.50 MATERIALS 721.19 DEVELOPMENT CHARGES FOR JUL 434,835.21 CONTRACT SERVICES 10,421.25 MATERIALS 22,946.12 MATERIALS 1,266.25 MATERIALS 252.00 CELEBRATE OLD DOWNTOWN 4,510.80 REFUND ARB APPEAL 40,356.56 CONTRACT KALAR PARK SOCCER I 16,684.50 SERVICES 3,442.68 MATERIALS 269.90 MAINTENANCE FEE 399.00 REIMBURSEMENT FOR SUPPLIES 64.98 MATERIALS 117.44 PETTY CASH 405.57 CONTRACT SERVICES SIDEWALK 8 175,509.17 MATERIALS 1,276.87 MATERIALS 134.47 MATERIALS 268.80 REFUND ARB APPEAL 6,670.00 TRAVEL /MILEAGE 1,155.00 CELEBRATE OLD DOWNTOWN 100.00 3RD INSTALLMENT TAX LEVY 11,182,638.06 CONTRACT 2008 -02 2,425.50 ADMINISTRATIVE ARBITRATION M 945.00 REFUND OVERPAY'T COMPLIANCE 30.00 MATERIALS 84.97 MATERIALS 620.82 CONTRACT SERVICES 72.98 MATERIALS 1,412.50 MATERIALS 762.75 MATERIALS 2,808.85 TAX OVERPAYMENT PAPP SEPTEI 221.35 REIMBURSEMENT 60.00 CONTRACT Q51 -2006 ROOF REPAIF 15,032.90 GRANT 4,733.08 MATERIALS 93.79 CONTRACT 2007- 158 -05 VICTORIA F 55,637.51 RENTAL OF STORAGE CONTAINER 277.94 CONSULTING SERVICES 11,812.50 CONTRACT SERVICES 463.30 PETTY CASH 277.08 ADMINISTRATIVE BENEFITS FREE/ 1,576.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD TALK WIRELESS INC TAMM COMMUNICATIONS INC TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TERANET INC THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE V &S ENGINEERING GROUP LTD THOMAS- CLAPP,SUE TIM HORTONS STORE #30 TORONTO STAMP INC TOUCHSTONE SITE CONTRACTORS TRAVELPIC NIAGARA FALLS TRI COMMITTEE OF ONTARIO TSH ENGINEERS &PLANNERS TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF NET SPORT SUPPLIES TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UNITED RENTALS UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VANCOR SUPPLY VANDER WEYDEN CONSTRUCTION VIC VATRT CONTRACTING LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WATSON ASSOCIATES ECONOMISTS LTD WAYNE SAFETY INC WAYNE SAFETY INC WEIGHT WATCHERS WESCO DISTRIBUTION CANADA INC WILLICK,JOAN& WILLICK, MERIL WILSON,DAN WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA Che.ue No. Che.ue Date Pur.ose 323095 01 -Oct -2008 ADMINISTRATIVE 323342 15- Oct -2008 ADMINISTRATIVE HEALTH SPENDI 322942 24 -Sep -2008 FUEL 322943 24 -Sep -2008 FUEL 323093 01- Oct -2008 FUEL 323204 08- Oct -2008 FUEL 323341 15- Oct -2008 FUEL 322944 24- Sep -2008 MATERIALS 323343 15- Oct -2008 MATERIALS 322945 24- Sep -2008 MATERIALS 322946 24- Sep -2008 ADVERTISING 323344 15- Oct -2008 SERVICES 323097 01- Oct -2008 MATERIALS 323205 08-Oct-2008 MATERIALS 323345 15 -Oct -2008 MATERIALS 323346 15 -Oct -2008 SERVICES 323206 08 -Oct -2008 SERVICES FIRE DEPT INSTALL 323098 01- Oct -2008 ADMINISTRATIVE ACCOUNT REPL 323099 01- Oct -2008 MATERIALS 322948 24 -Sep -2008 MATERIALS MAIURI /BIGGINS 323207 08 -Oct -2008 MATERIALS HOLMAN 323347 15 -Oct -2008 MATERIALS 323348 15 -Oct -2008 ADVERTISING 322949 24- Sep -2008 CONTRACT SERVICES FERNWO01 323208 08 -Oct -2008 REFUND 2008 EMPLOYEE PURCH/ 323350 15 -Oct -2008 MATERIALS 323351 15 -001 -2008 MATERIALS 322950 24- Sep -2008 CONTRACT SERVICES NOISE ATTI 323209 08 -Oct -2008 MATERIALS 323100 01 -001 -2008 SUBSCRIPTION 323352 15- Oct -2008 CONTRACT CLIFTON HILL 322951 24- Sep -2008 MATERIALS 323353 15 -Oct -2008 MATERIALS 322952 24- Sep -2008 MATERIALS 323210 08 -Oct -2008 TRAVEL/MILEAGE 323354 15 -Oct -2008 TRAVEIJMILEAGE 322953 24- Sep -2008 STORES /INVENTORY 323101 01 -001 -2008 STORES /INVENTORY 323355 15 -Oct -2008 STORES /INVENTORY 322955 24- Sep -2008 LEASES AND RENTS 322954 24- Sep -2008 PAYROLL REMITTANCE 322956 24- Sep -2008 CONTRACT WARREN CREEK WATE 323102 01- Oct -2008 CONTRACT SERVICES 2004 -334 322957 24- Sep -2008 CONTRACT SERVICES ARENA COM 323103 01 -001 -2008 CONTRACT SERVICES 323356 15 -Oct -2008 CONTRACT PATRICK CUMMINGS Pi 323104 Of -Oct -2008 CONTRACT- GARNER SW SAN SERI 323105 01 -Oct -2008 CONTRACT- GARNER SW SEWERS /I 323211 08 -Oct -2008 MATERIALS 322958 24- Sep -2008 CELEBRATE OLD DOWNTOWN 322971 01- Oct -2008 CONTRACT SERVICES WELLAND 323214 08 -Oct -2008 CONTRACT SERVICES 323358 15 -Oct -2008 CONTRACT SERVICES 322959 24- Sep -2008 MATERIALS 323106 01 -001 -2008 MATERIALS 323213 08- Oct -2008 MATERIALS 323357 15- Oct -2008 MATERIALS 323107 01- Oct -2008 CONSULTING SERVICES 323215 08- Oct -2008 STORES /INVENTORY 323359 15 -001 -2008 STORES /INVENTORY 322960 24 -Sep -2008 FALL 2008 WEIGHT WATCHERS PRI 322961 24 -Sep -2008 STORES /INVENTORY 323108 01 -0ct -2008 REFUND TAX OVERPAYMENT 323360 15- Oct -2008 MATERIALS 323109 01- Oct -2008 CONTRACT SERVICES 322962 24- Sep -2008 GRANT 322963 24- Sep -2008 GRANT 322820 19 -Sep -2008 ADMINISTRATIVE 323110 01 -001 -2008 ADMINISTRATIVE SCHEDULE 2 IN\ 323216 08 -001 -2008 ADMINISTRATIVE SCHEDULE 2 IN\ 323361 15- Oct -2008 ADMINISTRATIVE SCHEDULE 2 IN\ 323362 15 -001 -2008 PAYROLL REMITTANCE LIBRARY 323363 15 -001 -2008 PAYROLL REMITTANCE- MUSEUMS 322964 24- Sep -2008 PETTY CASH Page 7 of 8 Amount 269, 345.37 15.29 2,197.70 66,345.62 25,159.69 31,331.87 25,129.47 735.69 159.00 717.70 1,207.92 2,277.26 541.73 2,208.82 244.61 4,251.45 242.95 10,000.00 1,382.85 158.20 371.20 1,854.11 16,564.81 6,602.64 300.00 64.72 49.70 18,890.04 302.40 504.00 1,737,05 186.40 79.67 8,094.61 180.00 84.00 47.07 385.87 41.50 1,331.80 1,158.00 3,303.30 5,115.10 16,946.87 1,157.63 1,265.25 398,837.87 858,516.35 793.94 1,312.50 138,855.13 87.16 61.33 5,569.52 2,472.79 3,874.41 3,009.35 3,363.15 345.78 410.87 2,739.00 1,042.23 215.63 112.99 65.00 31,666.67 2,083.33 52, 927.67 4,258.73 26,050.58 3,493.46 534.30 325.51 671.78 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WYLIE,BRENDA WYLLIE,CHRISTOPHER YARNELL OVERHEAD DOOR YMCA YMCA YMCA OF NIAGARA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No, Cheque Date 323364 15 -Oct -2008 322965 24- Sep -2008 323217 08- Oct -2008 323218 08 -Oct -2008 323365 15 -Oct -2008 323366 15- Oct -2008 323219 08 -Oct -2008 323367 15 -Oct -2008 322967 24- Sep -2008 Purpose PETTY CASH REFUND DOCTORS PHYSICAL CONTRACT SERVICES CONTRACT SERVICES MATERIALS PIED PIPER TRAVELLING PLAYGRO MATERIALS MATERIALS GRANT Page 8 of 8 Amount 653.71 80.00 185.85 3,056.44 2,872.36 15,800.00 66.81 116.91 5,286.50 Total 21,531,071.22 November 3, 2008 L- 2008 -36 Members: Re: L- 2008 -36 Release of Agreement 8209 Lundy's Lane Our File No.: 2008 -224 RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Niagara alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario That the release of a Site Plan Agreement dated November 8, 1983 and registered on title to the property known municipally as 8209 Lundy's Lane, shown hatched on Attachment "1 is hereby approved and authorized. On November 8, 1983 The Corporation of the City of Niagara Falls "the City entered into a Site Plan Agreement with Vishva Nath Sharma and Kamlesh Kumari Sharma for the purpose of constructing a second storey addition to a building. A copy of the Site Plan Agreement is attached as Attachment "2 The City has received a request to remove the said Site Plan Agreement from title to the property as it is no longer applicable against the property. Upon circulation of the above request to various City departments, there were no objections to the release of the Site Plan Agreement from title to the property. 14 i./4t#'•- Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Working Together to Serve Our Community Street,.. Bo5 Niagara,Falls,;ON, Canada L2E6X5 905- 356 -7521 www.niagarafalls.ca fficer Corporate Services Department Legal Services acDonald, Chief Administrative TERANET Teraview 0 28 56 81 112 140 168 metres Sep 23, 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) THIS AGREEMENT made the 8th day of November, A.O., 1983. B 8 T W E 8 N: VISIIVA NATN SIIARIN and RAMLESH KUMARI SHARIMA, both of the City of St. Catharines, in the Regional Municipality of Niagara, Hereinafter called the "Owner and- THE CORPORATION OP THE CITY OF NIAGARA FALLS, Hereinafter called the "City of the FIRST PART; of the SECOND PART; WHEREAS the Outer has applied to the Committee of Adjustment of the City of Niagara Palle for minor variances under the Planning Act under File No. A -16/83 with respect to the lands described in Schedule "A" attached hereto, for permission to construct a second storey addition; and WHEREAS the Decision of the said Committee at its meeting held on July 12, 1983 was to grant certain minor variances subject to the Owner entering into a site plan agreement with the City and site plan approval; and WHEREAS the Owner hew applied to the Council of the City for approval of the Yellowing plan(s): Site Plan dated August, 1983, as revised, and dated as received by the Buildings and Inspections Department of the City on August 25th, 1983; and WHEREAS the Council of the City has approved the said plan(a) on November 7th, 1983, subject to the Owner being required to provide certain facilities and works; NOW THIS AGREEMENT WITNESSETR that In consideration of the premises the Owner hereby covenants and agrees with the City ea follows: 1. (a) "facilities and works" means and includes those facilities and works which are shown on or referred to in any one or more of the plena and drawings and schedules to this agreement; (b) "plane and drawings" mean the plans and drawings listed on Schedule "8" attached to and forming part of this agreement and ouch additional plans and drawing° as may be subsequently approved by the Council of the City including plans and drawings which revise or replace any one or more of the plans and drawings listed in Schedule "R /3O (c) "ochedalea means and includes any one or more of the schedules attached to this agreement and lncluden plans and drawingo as defined in clause b of this paragraph. 2. The lands affected by this agreement are described in Schedule "A" which Is attached to and forma part of this agreement and are hereinafter referred to as "the said lands 3. The following additional schedules are attached to end form part of this agreement, namely Schedules "B" and "C 4. The Owner shell provide, maintain and nee, an the case may be, the facilities and works in the schedules and shall comply with such terms and conditions an to the provision, maintenance and use of the facilities and works as are set out in the schedules. 5. The Owner shall comply with nuch prohibitions of facilities and works and the maintenance and use thereof an are set out in the schedules. 6. Without in any way limiting the epplicstion of paragrapha 4 and 5, (a) the Owner shall construct all buildings, structures, facilities and works ehown on the plane and_drawimge strictly in conformance with end in the locations shown thereon, and (b) the Owner shall construct all buildings strictly in conformance with the building elevations and cross sections shown on such further documents as are filed with and approved by the Director of Buildings and Inspections of the City. 7. It to understood and agreed that if the erection of the proposed second storey addition on the said Lando has not commenced within two years of the date of approval by the Council, of the City of the said plans and drawingo, the approved plane and drawingo shall become null and void unless an extension is granted by the Council of the City and, if any changes are then required by the Council of the City, new plane and drawings incorporating such changes meet be submitted to the City and must be approved by the Council of the City and a new agreement between the Owner and the City entered into prior to any construction of the said second storey addition. D. The Owner further agrees that all of the facilities end worke required to be provided by the Owner shall be provided, installed or constructed by the Owner within one hundred and eighty (100) days after the date of substantial completion of the proposed second storey addition as determined by the Director of Buildings and Inspections and shall be maintained at all time in good condition. 9. The Owner shall be responsible for the coat of all work on or adjacent to the said lands which is required under the terms of this agreement and /or indicated on the approved plane and drawings including, without limiting the generality of the foregoing, the coat of all works required for drainage of surface water and roof water, connections to sanitary sewers and storm sewers, construction of driveway approaches, including curb cute, construction of new sidewalks where required by the City, removal and replacing of existing sidewalks where necessary, relocation of pipes, poles, drains, catchbasine and other works, all of which shall be done and performed and all material for the said work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works. Where any required work Se to be performed within the limits of any City street allowance on which the said lands abut or which is adjacent to the said lands, the work may be performed by the City, at the expense of, the Owner, and the Owner agree° to deposit with the City before a building permit is ceased, the whole of the cost, as estimated by the Director of Municipal Works, of performing the work. If the actual cost of the work, as determined by the Director of Municipal Works, exceeds the amount of the deposit, the Owner shall pay the City for any deficiency and if the actual cost, as eo determined, is less than the amount of the deposit, the City shall repay the Owner any surplus. The Owner shall be responsible for making all necessary arrangements for and payment of the cost of taking up, removing or changing the location of any works or services of any utility company or commission necessitated by or arising out of the work contemplated by this agreement and /or indicated on the approved plans and drawings. 10. The Owner acknowledges that the tncllltieo and works required by this agreement shall be provided and maintained by the Owner at his sole risk and expense and to the sntiefactlan of the City; and the Owner releases the City from all claims and demands In respect of any loss, damage or injury (including death) to persons or property arising out of or connected with the provision and maintenance of the said facilities and works or any ono or more of them. 11. In this agreement "Director of Building° and Inspections" and "Director of Municipal Works" mean, respectively, the Director of Buildings and Inspections and Director of Municipal Works of the City of Niagara Falls and for the purpose of exercising any of the powers or duties of the Director of Buildings and Inepectione or the Director of Municipal Works under this agreement shall include any employee of the City authorized by the Director of Buildings and inspections or the Director of Municipal Works, as the case may bo, to exercise any ouch powers or duties. 12. The Owner hereby warrants that he is the registered owner of the said lands described in Schedule "A" attached hereto. 13. The Owner, to whom a request hoe been made by the City shall, within the time limits specified by the City to the total satisfaction of the Citj and at the sole risk to and expense of the Owner, remedy such non compliance or potential non compliance with the conditions of approval of the plane and drawings as set out in this agreement as may, is the sole opinion of the City, exist or come into existence from time to time. 14. The Owner hereby covenants and egreeo for himself and hie executors, administrators, successors and assigns and successors in title and owner or owners from time to time of the said lands described in Schedule "A" to this agreement and every part or parts thereof that if he or they fail to perform or complete in accordance with this agreement any of the work or conetruction or maintenance or both, including provision and maintenance of landscaping, which is to be performed by the Owner under the terse of this agreement, the City may upon a resolution of the City Council to that effect and after giving not lees than fifteen days notice in writing to the Owner, enter on the said lands described in Schedule "A" ea often no may be necessary with its workmen and contractors and perform or complete the performance of any such work Including any nncaanary replacement and the Owner hereby authorize° the amid entry and performance of work either by the City'a own forces or by a qualified contractor, acceptable to the City, who supplies the lowest bid price and further covenants and agrees for himself and his executors, administrators, aucceseore and aasigns and eueeaeaore in title and owner or owners from time to time of the eatd lands to pay all coots incurred by the City in performing ouch work within sixty days after an Invoice therefor has been mailed by the City to the Owner or the then registered owner of the geld lands; PROVIDED HOWEVER that nothing in this agreement shall impose upon the City any duty or obligation to inspect or examine the paid lands for ann- compliance or potential non- compliance with the conditions of approval or to specify or report that ouch non-compliance or potential non compliance to the Owner or to provide an opinion or view respecting any condition of approval or to request or require compliance with the said condition. 15. If the said costa incurred by the City referred to in paragraph 14 are not paid within the said period of sixty days, the Owner hereby authorizes the City to add the amount of ouch costs to the collector's roll for the said lands described in Schedule "A" and to recover each coats to like manner as municipal taxes or, at the option of the City, the name may be recovered by action as a debt dun to the City, provided that upon any such entry by the City any replacement of landscaping obeli be limited to a like kind and there shall be no replacement oftener than annually. 16. Any notice to be given pursuant to this agreement will be effectively given, in case of notice to the Owner, if mailed in e prepaid, registered envelope addressed to Fight's N. Sharma and Kamlesh N. Sharma, 46 yiraido Road, St. Catharines, Ontario L2N 669, or to the last known address, and in the case of notice to the City, if mailed in a prepaid envelope addressed to The Corporation of the City of Niagara Palle to the attention of the City Clerk at 4310 Queen Street, Niagara, Falls, Ontario L2E 6X5, and will be coneldered as having been so given on the date of the deposit thereof in any past office in the Province of Ontario. 17. The Owner shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all action°, causes of action, interest, claims, demands, costs, charges, damages, expenses and lone 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 reclean of or in consequence of the City entering into this agreement. 18. This agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective heirs, executor°, administrators, successors and assigns and successor° in title. 19. The Owner acknowledges notice that the City, pursuant to subsection 7 of section 40 of the Planning Act, proposes to register this agreement against the said lands described in Schedule "A 20. Wherever the singular or masculine is used in thin agreement they shall be construed es if the plural or the feminine or the neuter has been used where the context or the party or petiee hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IH WITNESS WHEREOF the Owner and the City have executed this agreement. SIGNED, SEALED AND DEL In the presence 6E7 iir V 4 VI�SVA HA SEARMA J AMES UMARI SHARMA Schedule "B" to an Agreement dated the 8th day of November, 1983 between vishva Nath Sharma and gamiest) Komart Sharma and She Corporation of the City of Niagara Palle Site Plan dated August 18th, 1983 as revised, and received by the Buildings and Inspections Department on August 25th, 1983. Schedule "C" to an Agreement dated the 8th day of November, 1983 between Viehvn Nath Sharma and Knmleeh Kumari Sharma and The Corporation of the City of Niagara Palls 1. The Owner shall provide, maintain and use at Its sole risk and expense the following facilitiea and matters: (a) two erases ramps to provide ingress and ogress between the land described in Schedule "A" and Kolar Road and Lundy's Lane and one aecees ramp to provide careen between the land described in Schedule "A" and Lundy's Lane which shall_be in the locations and of the widths shown on the site plan listed in Schedule "B" together with the codlings shown on the Bite plan; (b) thirty six off street vehicular parking spaces and the access driveways, all having the dimoneione and being In the locations shown on the site plan Hated in Schedule "B" and which shall be surfaced with hot —mix aephalt or approved equivalent together with all of the curbing& as shown on the site plan; {c) concrete sidewalks of the dimensions and the locations °hewn on the site plan listed in Schedule "B "1 (d) fence, shrubs and other landscaping of the types and in the locations designated on the site plan listed in Schedule "B (e) the garbage area as shown on the site plan listed in Schedule "B (f) such surface drainage details which are existing shall remain and not be altered save and except the rear parking area which shall be surfaced with hot mixed asphalt or approved equivalent and all drainage shall be dinposed to the road side ditches on Kolar Road. 2. The Owner covenants and agrees with the City that any facilities for lighting including flood lighting, of the land or any buildings or structures thereon shall be installed and maintained so that the light ie deflected away from adjacent residential or institutional districts or uses and away from traffic on adjoining roadways. $CUEDULE "C" cont. 3. She Owner covenants and agrees with the City that all anew removed from a ramp, driveways, parking areas and all other paved Gross shall either be contained on the remainder of the lands of the Owner or taken to designated diopoanl areas but in no event shell such snow be shovelled, pushed, thrown or othatvino disposed of on any public highway or highway's. If al_. w lealmla AFFIDAVIT OF SUBSCRIBING WITNESS RICHARD COLE City of St. Catharines Regional Montclpnli cy of Niagara I am a eubenlbing witness to the attached Instrument sad I wan present and saw It executed a St. Catharines by Viehva Nath Sharma and Kamleah Kunst' Sharma I verily believe that oaeh person whose signature 1 wltnamed 13 the patty of the 00m0 nom* Monad to In the inatrument. SWORN before me at the City of St. Catharines 1 in the Regional Municipality of Niagara use 23rd day 01 Nov be le aaaouuoaaa rare Tn,aa •enw ,.:ftic II 4 XXXWE WERE EACII at lout eighteen years old; and w(then O. meanhpF of seethe 1(1) 01 The £amity Low Reform Act, 1 O 7170% a (o) We Were epauea of 0110 another. (SEVERALLY) SWORN before me at the City of St. Catharines, in the Regional Municipality of Niagara this 23rd dayof Novem C.n.Wad ruvou Amax +h.d 8.1,401411.11 An .ad Swa,.l make onth and say: Wba a wiy h 1ue04 to and t4 4tlnntel s Nem a arts iea4 by aaHae t4 rah or lama. ad "after IW ra svl lad 0.n nod le Met 4 W WY M lay 1 .1iU 4alau Oat it. WWarm Wu d r y a l at 40 0 0 an eA as uh W 6. Wb yes taat lot d im In eat atom. (a n..er. AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I(XXN WE VISHVA NATH SHARMA and KAMLESH KUMARI SEIARMA of tbe City of St. Catharines In the Regional. Municipality of Niagara (aevaraey) make oath and ear When X7U( WE executed the attached instrument, wua mine.. ro mg] anm. ,n, on n t v nc. kb'aa:ll','.,. •g.I. ..4 l e. al4ua aaatra1: L Levant tera'.at,d iadaaeaIe, all ^ny :n. l,.n■l. G0(•o y.y (o...d aai V.u:::nt,. :.a•.1.:- •n.aa) u:a:a e::.W d xr t!fl 7U F..(. Lee Osten. ese leis ere uw ufist aaebd eke ran al wlemy. r< /,4. MJdm1N 4• am al valorem'. Esa: ya eag• 4103 M fa. Pa•J* Osla,a .td. s0ra Wan qas. dm al l.A tm w sauna, n etagala a uput a a5d5Wu Schedule "A" to an Agreement dated the 8th day of.November,:1983 between Vishva With Sharma and Ksmleoh Kumar' Sharma and The Corporation of the City of Niagara Palle ALL AND SINGULAR that certain parcel or tract of land and premises attaote, lying end being in the City of Niagara Palls, formerly the Township of Stamford, in the Regional Municipality of Niagara, formerly the County of Welland, and Province of Ontario, and being compound of part of former Township Lot 133 in the said City of Niagara Palls, which may be more particularly described as follows: COMMENCING at an iron bar planted at the intersection of the westerly limit of former Township Lot 133 with the northerly limit of King'e Highway No. 20 according to a Plan deposited in the Registry Office for the Registry Division of Niagara South (formerly in the Registry Matelot, of the County of Welland) as Deposit Plan No. 293, the meld iron bar being distant northerly in the westerly limit of said former Township Lot No. 133, a distance of 76.0 feet from the southwesterly angle of said farmer Township Lot No. 133; THENCE North 88 degrees 56 minutes and 45 second') east in the northerly limit of Ring's Highway No. 20 as shown by Deposit Plea No. 195, 200 feet to a point; THENCE North and parallel to the westerly limit of said Lot No. 133, 200 feet to a point; THENCE South 88 degrees 56 minutes and 45 'second° west 200 feet more or less to a point in the westerly limit of said Lot No. 133 and the easterly limit of the Kolar Road; THENCE Southerly along the said westerly limit of said Lot and easterly limit of Kolar Road 200 feet to the point of commencement. SAVE AND EXCEPT that part of the above described land expropriated by the Department of Highways for Ontario by an Expropriation Plan registered in the said Registry Office on the 9th day of May, 1359 as No.89925. fl CV CO O N M w I I; November 3, 2008 MW- 2008 -63 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraj7aIls Re: MW- 2008 -63 Consulting Services for Pavement Condition Update 1) That the City of Niagara Falls enter into a Consulting Services Agreement with Applied Research Associates Inc. for Consulting Services for a Pavement Condition Update for $30,000.00, excluding GST. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: In 2004 and 2006, the City retained ERES Consultants, a division of Applied Research Associates Inc. to complete Pavement Management Survey and report. In 2004, all City roads were surveyed and in 2006 only collector roads were surveyed. The City's road condition reports that were prepared were based on Pavement Deterioration Curves that reflect the specific deterioration rate that exists in Niagara Falls. It was proposed that the collection of data was required to take place over several years so that an accurate rate of deterioration could be established. In 2008, all roads will be field inspected and rated. In addition, the Consultant will update the City's Pavement Deterioration Curves using the new data, previous Pavement Deterioration Curve data and the road data collected for the Public Sector Accounting Board (PSAB). Three City Infrastructure staff will be completing the field inspections in conjunction with Consultant staff to reduce the City's cost in 2008. City Infrastructure staff will complete the 2009 update. Applied Research Associates Inc. was selected in accordance with the City's Consultant Selection Policy. al 023 tN gars Falls,ON;'Canada 6X5 1905- 356 -7521 wwwniagarafalls.ca November 3, 2008 MW-2008-63 The financing for this project is available from unspent funding in the 2008 General Purpose budget Municipal Works Infrastructure Services Contracted Services. Project Costs: Applied Research Associates Inc. (excluding GST) 30,000.00 Funding: Unspent Funding from 2008 Municipal Works Infrastructure Services Contracted Services $85,000.00 (11 -3- 371040 040000) It is expected that all the roads will be surveyed by mid December with an update report to Council in February 2009. Recommended by: Approved by: Geoff HO! an, e tor of Municipal Works Ed s'Iovic, ilo xecutive Director of Community Services Respectfully submitted: If 4 I /MacDonald, Chief Ad r inistrative Officer B. Darrall S:\REPORTS \2008 Reports\MW -2008- Consulting Services for Pavement Condition Update.wpd November 3, 2008 MW- 2008 -64 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Cargill Deicing Technology Pickering, Ontario $53.12 Sifto Canada Corp. Mississauga, Ontario NiagaraJaIls Re: MW -2008- 64 Tender 2008 -T -29 Bulk Sodium Chloride Road Salt) Regional It is recommended that Bulk Sodium Chloride (road salt) be purchased from Cargill Deicing Technology, Pickering, Ontario for the Year (2008/2009 winter season)as set out in Tender 2008-T-29. The City of Niagara Falls once again participated in the Regional tender for the supply of Bulk Sodium Chloride Road Salt Tenders were received from two suppliers with the results as follows: Suppliers Unit Price (per tonne) Year l Year 11 Year 111 Working Together to Serve Our Community +6.0 +6.0% $72.02 No Bid No Bid Cargill Deicing Technology has supplied road salt to the City for the past six years and they are once again the low bidder. The quoted price of $53.12 /tonne includes for supply and delivery. This price represents a 10.9 increase from the previous year largely due to increased demand and availability. The tender included options to supply road salt for Year II and Year III of the contract however, at this time we are not recommending that we exercise these options which would commit us to subsequent 6% increases. 10 Queeti 5 et PO48ox_7023 NragaraFalls ON Canada t2E,6X5 :905- 356 -7527 www.niagarafalls.ca Community Services Department Municipal Works November 3, 2008 Since January of this year, the City used approximately 4,871.85 tonnes of road salt at a cost of approximately $271,232.87 in order to meet the standards set out in its Winter Maintenance Policy. It is anticipated that the city may use up to 6,000 tonnes of salt for this winter season for a cost of $318,720 excluding taxes. Your favourable consideration of this recommendation this evening will allow us to secure the road salt requirements for the upcoming winter season. Recommended by: Approved by: Respectfully submitted: T. Mussari S: \REPORTS\2008 Reports \MW 2008 -64 Road Salt Tender.wpd 2 MW- 2008 -64 rect 0 unicipal Works Geoff Holman, Ed Du ovic, Ex c utive Director of Community Services Joh M= cDonald, Chief Admini trative Officer November 3, 2008 MW- 2008 -65 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar fal Re: MW- 2008 -65 Montrose Business Park Drainage Works Stormwater Management Lot Grading and Culvert Replacement Consultant Fee Amendment RECOMMENDATION: 1) That the Consulting Services Agreement with Philip's Engineering Ltd. be amended to reflect the increase of $20,000.00 to the upset fee limit. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Council has authorized staff to enter into a Consulting Services Agreement with Philip's Engineering Ltd., to complete the detailed design of the Stormwater Management Pond, Functional Grading Plan for the Montrose Business Park and Brown Road culverts as proposed in the Warren Creek Watershed Master Plan. The scope of the project was broadened in order to satisfy the criteria imposed by outside agencies (i.e., NPCA, MTO) and as a result the consultant has requested additional compensation. Due to their experience in stormwater servicing for this area, Philip's Engineering is capable of completing the design in an abbreviated duration for it to be included with the construction of the stormwater management pond and the reconstruction of Blackburn Parkway scheduled for early 2009. Staff has reviewed the Consultant's request for fee adjustment and find it to be reflective of the additional services necessary to complete the design. Financing: Development Charges Reserve (75 $15,000 (DC- NT -D11) Montrose Business Park_ (25 5,000 (12 -3- 100003 030000) 4310Que 1023 Niagara FallsgON, =,Canada L'2E6X5 905- 356 -7521 ivww.niagarafalls.ca Working Together to Serve Our Community Commun November 3, 2008 2 Council's favourable consideration of the above recommendation would be appreciated. Recommended by: Approved by: Respectfully submitted: Ed Dujlovic, Executive Director of Community Services John? Donald, Chief Administrative Officer MW-2008-65 R.Volpini S :IREPORTS\2008 Reports\MW- 2008 -65 Montrose Business Park Drainage Works.wpd November 3, 2008 R- 2008 -32 Nice ara cells CAN 1) t His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -32 Review of Request Elimination of Bottled Water, City of Niagara Falls Facilities RECOMMENDATION: That a Community Information Forum be coordinated to gather community and stakeholder input regarding the review of eliminating the sale of bottled water on City facilities and that a follow -up report be provided to Council. That the use of plastic water bottles be eliminated at City run meetings and to reduce the use of disposable Styrofoam and plastic utensils at all City meetings and special events and to provide an environmental friendly option. BACKGROUND: The Park in the City Committee The Park in The City Committee is supportive of a variety of initiatives that will contribute to a healthier, greener and more sustainable community in Niagara Falls, particularly through our participation in Communities In Bloom. The Committee is concerned about the range of environmental impacts, both local and global attributed to the use of bottled water. They would like to see water fountains be provided to allow people to access free water without an environmental impact. They also recognize the consumer's need for water and that a consumer may decide to purchase a bottle of water from a retailer, for example like a grocery store. The importance of access to free water from a public fountain, coupled with how to ensure a balance and responsible approach as a next step in reviewing the elimination of the sale of bottled water in City facilities is one of their priorities. At the September 24, 2008, meeting of Park in the City Committee the following motion was made: "That the residents of Niagara Falls reduce the use of plastic water bottles and to educate the community through public education campaigns. And further that -the use of plastic water bottles be eliminated at City run meetings andspecial events. 4310 Queen Street PO Boz 1023 Niagara Falls, ON, .Canada .'L2EI6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture November 3, 2008 2 R- 2008 -32 And to increase the availability of indoor and outdoor water fountains for public use and to include the costs in the capital budget. To reduce the use of disposable Styrofoam and plastic utensils at all City meetings and special events and to provide an environmental friendly option. And that the Park in the City Committee promote and implement a public forum in November at the MacBain Community Centre to discuss the issue of a banning plastic water bottles in City facilities." Parks, Recreation and Culture Facilities and Parks Plastic water bottles are available for the public to purchase at City arenas, MacBain Community Centre and Park concessions. Water is also sold by a number of sport groups for fund raising as this is part of their current annual revenues. The organizations include bottled water for sale or to their teams as a beverage at City locations (such as parks) which generally do not have a concession or water source. Environmental Impact An article in National Geographic magazine stated, the production of each single -use water bottle requires more water in manufacturing than the bottle can hold. Additional resources are used to produce, transport and recycle water bottles. The production of plastic water bottles creates up to 150 times as much greenhouse gas as tap water. Plastic water bottles are 100% recyclable, however, only 50% of the bottles enter the recycling process according to Stewardship Ontario. The remaining 50% of water bottles are put in the trash or thrown away contributing to the amount of litter throughout our community. To reduce the impact, the David Suzuki Foundation supports stop selling bottled water and increase access to water fountains in public buildings such as arenas and community centres. Bottled Water Definition and Types Canadian Bottled Water Association (CBWA) defines bottled water as water which is sold to consumers in sealed containers. It must be sealed in a sanitary container and must meet all applicable federal and provincial regulations for drinking water. Bottled water cannot contain sweeteners or chemical additives and must be calorie and sugar free. Types of bottled water include the following, mineral or spring water, drinking water and carbonated bottled water which does not include soda water, seltzer water and tonic water which are considered soft drinks. Water Consumption An article published in the Niagara Falls Review, 2007, referenced a Niagara Region phone survey which determined 41 of surveyed households listed bottled water as their primary drinking source. Approximately 47% stated tap water was their primary water source, with 11% listing both. November 3, 2008 3 R- 2008 -32 The trend of drinking bottled water appears to be growing in Canada. The Canadian Bottled Water Association said Canadians drank on average 60 litres of bottled water in 2005. Other Communities August 18, 2008, the City of London banned the sale of plastic water bottles in all municipal buildings and facilities. The report from the Environmental and Transportation Committee stated: City of London operates and maintains a highly regulated and sophisticated water distribution system which meets some of the most stringent water requirements in the world; That single -use bottled water sold in London is 230 to 3,000 times more expensive than water from the tap in London, even though estimates suggest about 25% of the bottled water ordinates from municipal water systems; Resource extraction, packaging and distribution of single -use bottled water creates unnecessary air quality and climate change impacts and consumes unnecessary resources such as oil in the manufacture of plastic bottles and in the fuel used in the transportation of bottled water to the consumer; Single -use plastic bottles, although easily recycled through the City of London recycling program, approximately 60 percent are captured in the Blue Box Program and the rest end up in the garbage bag and ultimately delivered to the City's landfill site taking up unnecessary space without any further contribution to society; Single -use plastic bottles that are not recycled in the Blue Box Program or placed in the garbage become litter in London's streets, parks and boulevards; City of London tap water is safe, healthy and accessible to Londoners and visitors, and substantially more environmentally sustainable than single -use bottled water. Following the City of London's ban of plastic water bottles municipalities throughout Ontario and Canada are considering a similar ban. According to articles in the Toronto Star and Globe Mail Cobourg, Belleville, Kitchener, Ottawa, Toronto and Vancouver are considering a ban. School Boards in Ottawa, Toronto and Waterloo have adopted restrictions against the sale of bottled water. Niagara Region The Niagara Region Health Department encourages and promotes the use of tap water as it is a good practice for people to carry their own water container to fill and remain hydrated throughout the day. Their recommendation is simply to use a good quality container, to clean and sanitize the bottle on a regular basis. St. Catharines City Council passed a motion to eliminate bottled water from municipal offices and sponsored committee meetings in January 2007. In August 2008 they requested staff to review the issue of banning the sale of plastic water bottles and to follow up with a report. Welland, City Council passed a motion at the October 7, 2008, meeting "That the Council of the City of Welland discontinues the practice of providing bottled water at meetings and events at City Hall, and that an education plan with the Conservation Committee be developed with the aim to eliminate bottled water use at City of Welland facilities." November 3, 2008 R- 2008 -32 Implementation Ideas The following initiatives will be among those presented at the Community Information Forum to discuss ideas and options on a strategy to reduce or eliminate the use and sale of bottled water in Niagara Falls: a) eliminate plastic water bottles at City meetings and special events; b) educate the community on the environmental impact of plastic water bottles, educational campaign advertisements to be placed in local newspapers, information on City's website, posters displayed in retail locations; c) install long spigots /goose neck on existing water fountains to allow people to fill reusable bottles; d) budget in the 2009 capital budget additional water fountains and recycling containers, if approved install in 2009; e) outline implementation timelines for ban of plastic water bottles at City facilities; f) implement a ban for sales if recommended and /or review other options and next steps. Recommended by: Approved by: Respectfully submitted: kj4i41 rec Den se Morrissey DireJtor of Parks, Recreation Culture Ed vie, E cutive Director of Community Services 0 D r SO. rs. 0) T re 'hief Administrative Officer e S:ICouncillCouncil 20081R- 2008 -32 Review of Request Ban of Plastic Water Bottles 06.wpd FeCreshal blsson> r August 28 2008 Re: Bottled Water Dear Mayor and Councillors: Refreshments Canada is the national association representing the broad spectrum of brands and companies that manufacture and distribute the majority of non alcoholic refreshment beverages consumed in Canada, including several bottled water brands. In the last few months a great deal of misleading and inaccurate information regarding bottled water has been circulated by a number of parties. Unfortunately some of this misinformation appears to be getting captured in various reports and proposals coming before Councils such as yours. Refreshments Canada wants to ensure that you have the facts before you, should this issue arise in your community To that end, Refreshments Canada is pleased to provide you with a copy of our new information brochure regarding bottled water It provides the facts around bottled water usage, beverage safety, packaging and energy use. The brochure also addresses some of the myths being circulated about bottled water, and provides you with some key statistics. Above all, we wish to highlight that bottled water provides consumers with a healthy, safe, convenient, portable and refreshing beverage option. Bottled water is not intended as a replacement to municipally supplied water, but rather it is simply about offering consumers an additional choice based on preferences, taste and convenience All consumer products and packaging have environmental implications (from energy used to produce and transport the products, to the end -of -life recycling or disposal of the product and /or packaging). As you know, the issue of sustainabiiity is complex. In looking to encourage the citizens and businesses of Niagara Falls in more sustainable practices, we would suggest that the City focus on broader strategies surrounding conservation and recycling, and not unjustly target a single product category Refreshments Canada would welcome the opportunity to have further discussions with you, your Council and /or your municipal staff regarding bottled water and how we can support a broader sustainability program. Please feel tree to contact me at my email address listed below Sincerely, Justin Sherwood President Refreshments Canada Email: justin@refreshments.ca JSfavh. 2008/08128 Water bottled mailer RCttr20080828 Niagara Falls Council.doc 885 Don Mills Rd Suite 301 Toronto ON M3C 1V9 Tel: (416) 362 -2424 Fax.! (416) 362 -3229 www. refreshments. ca .Honked Water is a Healthy Hydration Option Maintaining proper hydration is essential to our health. Refreshments Canada and its members are proud to provide Canadians with a wide variety of beverages including bottled waters, juices, iced teas, sport drinks and soft drinks. We believe that chbine, variety and balance in everything we eat and drink are the cornerstones of a healthy diet. Many Canadians appreciate the convenience and portability of bottled water. It is a healthy hydration option for those on the go. Water Usage The entire Canadian bottled water industry uses a minimal amount of water when compared to other industries and the residential consumer. The Canadian Bottled Water Association (CBWA) estimates that the bottled water industry uses less than 1/100"' of 1 °/a of all annual water withdrawals in Canada. This figure not withstanding, it is important to remember that in the hydrological cycle, water is not created or destroyed it is simply used, consumed, treated and then returned to the environment. Alf industries use water in their products and processes. For example, according to Environment Canada, it takes 300 litres of water to produce 1 kilogram of paper, 1,000 litres of water to grow 1 kilogram of potatoes, and 215,000 litres of water to produce one ton of steel. Our industry works to manage water resources in a responsible way. We invest in the science and technology to improve water quality, make manufacturing operations more efficient, and to strengthen water conservation practices around the world, The Coca -Cola Company, foi example, has decreased water usage by 5.6% globally in the past five years, and since 2006, PepsiCo Inc. has been making steady progress toward its goal of reducing global water consumption by 20% per unit of production by.2015. Beverage Safety Bottled water is regulated as a food in Canada, so it must meet the highest standards set by Health Canada. All of our members' production facilities are highly regulated by the Canadian Food Inspection Agency. These facilities have stringent quality measures, In fact, all products, including bottled water, are tested at the beginning and end of each production run and hourly during production. In situations of natural disasters, bottled water is often the safest way to stay hydrated, In fact, many communities often recommend that people keep bottled water on hand in case of a local emergency. F. t9ct Public aprr Bottled water is healthy; it's safe, it's convenient and it's an important source of hydration. Many provincial governments have guidelines in place for schools that recommend -water as a healthy hydration option for students. Refreshments Canada thinks bottled water fits with those guidelines, and strongly feels that students should have access to it. Having access to convenient and healthy hydration is equally important m public buildings and parks. This isn't a question -Of either municipal water or bottled water. We think there's a place fbr both, especially when tap water is not always readily available. RetydeisPET canlamerrs afep turned iota other consumer y products such as jackets, anti pe vest ad car peti r 4U^ dhe mdustry rts produ5 r ppnrt�re ydiny prograhis'.e9a ,recotery ui a119.'< Camdnnji itsdiatons* o"�,.,,,. r�nossiCan iil 1<. ion alcoliol¢iP ontaioers ec murrt brl t-.: Mo o.5%ofthetntat',vaste xt d t a a y tmtcrated, nd the malaritp 1 r Ite• d av hos beverage contame[ stare, teeny captured from the: waste, c ream and recycled t ew1 iN dnC[5:a �"'iv he rod try to.tve est muiinovav that results tcev padipyntg that users Bisphenol -A There has been a lot of news coverage lately regarding the use of bisphenol -A in certain types of packaging. The single-use plastic containers used by the beverage industry (including those used for bottled water)'are made from PET plastic. There is no bisphenol -A in PET plastic bottles (including water bottles) because no bisphenol -A is used to manufacture PET plastic. Energy Use for Bottled Water Packaging Whether it's a jar of pickles, a carton of ice cream or a bottle of water, virtually all consumer products require energy for their production, packaging, and distribution. When considering the energy used in ihe.production of packaging, PET plastic bottles offer a number of benefits. PET is very light and strong, and requires only a small amountof packaging material to be used. PET plastic is 100% recyclable. PET plastic bottles are recycled at a high rate in Canada, Recycled PET plastics retain a very high portion of the energy used to create the material in the first place. This energy is preserved when the PET is recycled and turned into other useful consumer products, including PET bottles. By continuing to recycle at a high rate, consumers are not only reducing the amount of materials that go to landfill, they are minimizing much of the energy used to produce new packaging. Municipal Water Like.most businesses and commercial enterprises our sector uses municipal water. Refreshments Canada supports a strong municipal water system. Beverage manufacturers use Municipal water as a raw material to make their beverage products. Therefore, as :members of miinicipat water systems, it's in our best interest to support a modern, sustainable public water. infrastructure, Did you know that bottled 'water containers are made o f TETplastic and are one of the most recycled consumer products? MI r, Fact: Bottled water bottles are 100% recyclable and are recycled at high rates across the country.All PET non alcoholic beverage containers account for less than 0.5% of all waste producecl in Canada. The beverage industry's containers are the most recycled consumer product packaging in Canada. Furthermore, recycling piograms and infrastructure are supported by the industry and its products in every jurisdiction in Canada. Myth' Single use PET plastic, viater f7=lttles con tam FI A. Fact: The single use plastic containers that are used by the beverage industry, including those used for bottled water are made from PET plastic. There is no bisphenol A in PET plastic water bottles because no bisphenol -A is used to manufacture PET plastic. Myth: Bottled orate::" :omm' et.es with municipal water systems.. Fact Tap water serves a variety of purposes in the typical Canadian household including personal hygiene, clothes and dish washing, conking, cleaning, irrigation and drinking. Whether tap or bottled water there's room to choose depending on a consumer's needs and preferences throughout the day. Furthermore, water is the primary ingredient for many of the beverages produced by the Canadian beverage industry. Therefore strong municipal water systems are as important to the Canadian beverage industry as they are to all citizens. Myth Municipal l tN::l7i. l" c., ti In hc'ttied watt r, Fact: Bottled water is regulated by Health Canada and the beverage industry's facilities are inspected by the Canadian Food Inspection Agency. Members test water for quality and safety before production, each hour during production and at the erid of production. The bottled water produced by Refreshments Canada's members meets or exceeds all Canadian requirements. Myth. Production of I)o t'tted wader requires ,n inordinate amount of water. Fact: According to the Canadian Bottled Water Association, the production of bottled water accounts for less than 1/100"' of 1% of all the water consumed on an annual basis in Canada, To put that into perspective, for every 10,000 litres of water used in Canada for all applications, less than 1 litre is used for production of bottled water. In fact, in a year, the average Canadian consumes less bottled water than is required to take one 3- minute shower or to brush their teeth 7 times. RCF(e31‘1?F41'S Ca 4 $oiss'i YBFfarGtisS& rtes Refreshments Canada is the national trade association representing the lunar! spectrum of brands ;n■ r cmpanies that !flat' krtuce and distribute the majority vs eon-alcoholic beverager consumed in Canada. For mote information r nnta''r lnstin 5hem /God Refresho Ws Canada hustin *reti oshicents, a 4P r67 742 CORPORATE ACCOUNTABILITY INTERNATIONAL MULE NGINO PROTECTING PEOPLE Bottled Water Revenues 4) In the U.S., bottled water revenues were $15 billion in 2006 over $28,000 a minute and 27,6 gallons of bottled water per person. O Seventy -four percent of Americans drink bottled water, and one in five drinks only bottled water, according to a 2002 survey sponsored by the EPA and conducted by the Gallup Organization. to Worldwide, the bottled water market was estimated to be $100 billion in 2005 Bottled Water Impacts on the Environment and Municipal Waste 0 Growth In bottled water sales not only undermines public confidence in government's ability to provide basic public services, but the explosion of bottled water can actually increase municipal government's waste disposal costs. 4 Each year more than 4 billion pounds of PET plastic bottles end up In landfills or as roadside litter Given that only three states have bottle -bill laws that extend to cover bottled water, the recycling rates for bottled water pale as compared to carbonated soft drinks. O Assuming the average national tipping fee of $35 per ton, these four billion pounds of plastic waste cost cities more than $70 mllllon In tipping fee disposal costs alone, not including the costs of collection, trucking and litter removal. This Is $70 million not available to strengthen water infrastructure and other pressing municipal needs, like teachers, park maintenance and public safety 0 Making bottles to meet Americans' demand for bottled water required the equivalent of more than 17 million barrels of oil last year enough fuel for more than 1 million U.S. cars for a year and generated more than 2.5 million tons of carbon dioxide O To put it another way, to visualize the entire energy costs of the lifecycle of a bottle of water, imagine filling up a quarter of each bottle with oil Bottled Water Impacts on Public Water Systems 0 Meanwhile municipal water systems lack the political support to garner the full funding need to maintain and Improve U.S. public water systems so that they remain the best in the world O The funding "gap" between municipal water Investment needs and budget authority is presently $22 billion a year and is increasing O If municipal water systems cannot garner the political will to support increased water infrastructure investments, municipal water quality will deteriorate and people will Increasingly be forced to turn to corporations for their water needs. People will have to rely on corporations to provide a long valued public service that is better off being provided by government. d Privatization of drinking water through a reliance on bottled water creates a haves vs. have -nots situation with our water supply As underfunded municipal water systems deteriorate In quality, citizens who can afford It shift their consumption to bottled water Those who cannot are left to rely on public water systems that do not have the political backing necessary to ensure they are supported and well maintained PLEDGE TO THINK OUTSIDE THE BOTTLE Because city governments guarantee an essential pub- lic service by providing affordable access to safe drink- ing water; Because municipalities face great challenges due to our nation's aging water infrastructure; Because our city water systems face a crisis in public confidence as more and more people turn to bottled water for their drinking water needs, in place of pub lir, tap water; Because people's awareness of the importance of safe drinking water has grown over the years, and bottled water marketing plays upon people's concerns about water quality by portraying bottled water as some- how safer or more pure; Because bottled water is not any safer or more pure than tap water and public water systems are more highly regulated; Because up to 40% of bottled water on the market comes from municipal water systems; PLEDGING TO THINK OUTSIDE THE BOTTLE MEANS: I will take action to support public water systems in my community and beyond; uts de11I eBgttte or a y orsmorfe rrrformahon;wsitwww Name i` PLEDGE TO THINK: OUTSIDE THE BOTTLE! Title or Position Address Phone Email City/Town Because bottled water often travels many miles from the source, results in the burning of massive amounts of fossil fuels, and contributes to billions et plastic bottles winding up in our landfills. Because bottlers often ignore communities' concerns and the environmental impact of taking ground- water when they extract water and build bottling plants to get local spring and ground water; Because water is a human right and not a commodity to be bought and sold for profit; Because ssignificarrt public investment and support is needed to ensure our public water systems can meet the challenges ahead and to secure equal access to water, key ingredient for prosperity and health for all people; and Because government officials play a unique role as stewards of our public water systems. I will call on my local government to opt for tap over bottled water as a way of reducing spending and packaging waste and showing support for our local water system. YES! I WANT TO GET MORE INVOLVED. Please return pledge cards lo Corporate Accountability International at 46 Plyrn pion Street, Boston, MA 02118 800.688.8797 THE COUNCIL CONSEIL OF CANADIANS DES CANADIENS August 26, 2008 Dear Councillor, LE As you know, The Great Lakes St. Lawrence River Basin Compact has passed through U.S. Senate and is expected be voted on in the House of Representatives when it reconvenes in the fall. The Council of Canadians is concerned that unless it is amended, the Compact will threaten the Great Lakes St. Lawrence ecosystem for the following reasons: 1. The bottled water exception While the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a "product" and gives bottled water corporations the right to extract water from the Great Lakes in containers of 20 litres or less. Once they are granted this right, Michigan lawyer Jim Olson argues that it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they would be protected in international trade agreements such as the North American Free Trade Agreement. 2. Other exceptions The Compact grants special rights to communities and counties straddling the Great Lakes. These communities are exempted from the "no diversions" clause and are not required to return a minimum amount of water to the Great Lakes basin, if at all. These exceptions along with the infamous Chicago diversion of 2 billion gallons a day means vast amounts of water will be transferred outside the Great Lakes basin, which will have adverse effects on its ecological integrity and lead to further depletion of water in the basin. 3. Threat to Canadian sovereignty The Canadian government was not at the table when these agreements were being discussed. The Great Lakes Compact sets up a regional authority to regulate water takings in the Great Lakes Basin. A body comprised of two provinces and eight Great Lakes states puts Canada at a disadvantage in negotiating water disputes. The International Joint Commission is responsible for overseeing and arbitrating conflicts over water issues between Canada and the United States. The Great Lakes Compact makes the IJC irrelevant and weakens the ability of the Canadian government to protect the Great Lakes -St. Lawrence River Basin. Mixed Sources 700-170, ay. Laurier Ave WestYOues1Ottawa ON KIP 5V5 p' Tel: (613) 233 -2773 or(ou 1-800-387-7177 Fax11 233 -6776 E- mail /Courrier eleclronique: inquiries ©canadians.orq Our requests: 1. Call for an amendment to the Great Lakes Compact The Council of Canadians is working with the Canadian Union of Public Employees, the U.S. based Food and Water Watch and other groups to call for an amendment to the Compact. We are proposing an amendment that would incorporate the public trust doctrine as a standard for protection and eliminate the bottled water exception and we hope you will join us. Please contact us to add your name, or that of your municipality to the growing list of individuals and organizations calling for an amendment. 2. Demand federal intervention Throughout this process, the federal government has remained silent. In its silence, it has abdicated its responsibility to protect the Great Lakes and the Canadian public interest. The federal government is the only body with the authority to negotiate international agreements on shared natural resources. The Council of Canadians is calling on the federal government to intervene immediately and uphold the integrity of the International Joint Commission by ensuring that it remains the primary body responsible for deciding disputes over the management of the Great Lakes. 3. CaII for a Great Lakes —St Lawrence Summit The Council of Canadians is calling for a summit involving all levels of government including First Nations governments as well as community activists and civil society groups as a first step in developing a plan for protection of the Great Lakes St. Lawrence River Basin. Sincerely, Stuart Trew Regional Organizer Council of Canadians 201 -404 Spadina Road Toronto ON M5P 2W2 (416) 979-5554 strew(u)a,canadians. orq i The Great Lakes St. Lawrence River Basin Compact is an interstate agreement based on the Great Lakes Annex Agreement signed by Ontario, Quebec and the eight Great Lakes states in 2005. In order to be recognized in U.S. Federal law, the Compact had to be approved by the legislatures of all eight states and by Congress. Michigan was the last state to sign in July, 2008. For more information please visit www.canadians.org Meera Karunananthan National water campaigner Council of Canadians 700 170 Laurier Ave. West Ottawa, ON KIP 5V5 613.233.4487 ext 234 meera(ai7canadians.orq September 8, 2008 Mr. Ted Salci Mayor The City of Niagara Falls 4310 Queen Street Post Office Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci; NESTLE WATERS CANADA 101 Brock Road South, Guelph, Ontario N1H 6H9 TEL 519-763-9462 FAX 519 763 -8156 The purpose of my writing is to express my concern about the possibility of a ban on bottled water in all City of Niagara Falls facilities. In our position as one of Ontario's larger employers and Canada's largest manufacturer and distributor of bottled water, the possibility of a ban is troubling to our customers and business partners who live and conduct commerce in your community. We believe we may have a solution to concerns recently expressed by some of your fellow members of Council about bottled water, if those concerns are principally related to recycling and litter. We and our industry partners recently entered into a $7.2 million, three -year agreement with the Government of Quebec and municipalities across that province to collect and recycle plastic beverage containers and other recyclable materials in public spaces. The pilot program that triggered this agreement resulted in, on average, an 85 percent participation rate amongst consumers and businesses. We would be interested in talking to you about the feasibility of introducing a pilot program in your city facilities. It is important to note that bottled water makes up less than 50 percent of all beverages sold in plastic containers in Niagara Falls. Bottled water is proving to be particularly helpful at a time when the incidence of obesity and diabetes are on a significant increase amongst young Canadians born after 2000. More than 60 percent of Canadians consume bottled water each and every day because it is a portable, accessible and healthy choice. They are not choosing bottled water over municipal tap water. They are choosing bottled water over unhealthy alternatives and they will need your continued encouragement if we hope to blunt the advance of obesity and diabetes in your community. Not one of those other products offers the health benefits to Niagara Falls residents that bottled water does. -2- I have attached a brief document that I am certain will assist you in your future discussions with colleagues and constituents about bottled water. If you require additional copies, please have your staff contact John Challinor II, our Director of Corporate Affairs, by telephone at 1 888 565 -1445, Ext. 6441 or via email at john .challinor @waters.nestle.com. Mayor Salci, I would appreciate the opportunity to meet with you and your senior staff at your earliest convenience so that a common understanding about our products and your concerns is achieved. In the interim, should you have any further comments, questions or concerns, please feel free to contact me by telephone at 1 888 565 -1445, Ext. 6422 or via email at gail.cosman(a waters.nestle.com. Sincerely, ail Cosman resident Your guide to bottled water and Nestle Waters Canada WHO WE ARE Nestle Waters Canada, a division of Nestle Waters North America, is the leading bottled water company in Canada. Our family of well -known brands includes Nestle® Pure Life® Natural Spring Water and Montclair® Natural Spring Water, as well as international bottled water brands such as Perrier®, S. Pellegrino® and Acqua Panna We are affiliated with Nestle Waters, based in Paris, the bottled water subsidiary of the Swiss company Nestle, S.A. Nestle Waters Canada currently operates facilities in Puslinch, Ontario; Laval, Quebec; Hope, British Columbia; and Chilliwack, British Columbia. We employ more than 500 associates across Canada. Your Health According to the Dietitians of Canada, the human body needs 8 12 cups of liquids a day to stay well hydrated'. With no calories, carbohydrates, caffeine or artificial additives, bottled water is the natural choice for a growing number of active, health- conscious consumers. WATER USE Product Nestle Waters {anadaL:. "Sppng�wa�ter�.(p Water to Produce Source: Eshleman, IC, Drinking Water Research Foundation study summary, Coca-Cola Company, Environmental Protection Agency (EPA) COUNTING CALORIES Bottled water Sports. drinks' Sweetened -teas `'Lemo`nade.i: sSoftdrinks` 3 311# Average calories for a 12 -ounce beverage: Teaspoons Calories of Sugar o a 6 130:; In recent years, Canadian consumers, and consumers around the world, have chosen bottled water as a safe and accessible healthy beverage alternative to sweetened drinks in record numbers. Currently, 63% of Canadians say that they are trying to increase their water consumption as part of a healthy lifestyle'. In fact, 95% of current bottled water drinkers switched from other packaged beverages to bottled water At Nestle Waters Canada, we are proud to provide high quality beverage products to meet this significant and growing demand. Water Use It may come as a surprise, but bottled water actually requires significantly less water to produce than most other beverages, making it a water source friendly beverage. While bottled water manufacturers are an obvious user of water, the total extraction of water by Canadian -based water bottling companies is actually very small. Commercial bottled water production in Ontario accounts for less than 0.0014% of all water used by other permitted users including commercial, agricultural, industrial and recreational t Dietitians of Canada, Beat the Heat with Lots of Fluids, August 11, 2006. http: /w.w:.diecitians cajre- sources /resourcesearch.asp?fn- view &contentld=6898 (October 10, 2007) 2 http: /www.hoakedonjuice.com/ (October 10, 2007) 3 ACNielsen PanelTrack Health Wellness Survey 2006 'Neilson Homescan 2006 s Ontario Ministry of the Environment, 2007 )SE CONSULTATION At Nestle Waters Canada, we believe that corporate responsibility is more than just good business it's a band we share with the communities where we live and serve. Our commitment to being a good neighbour comes in various forms including disaster relief and support of local community programs. Nestle Waters Canada is proud to support environmental, community, health and fitness and educational programs and events across Canada. We routinely work with a variety of national and regional organizations including: Unicef Canada United Way of Canada Second Harvest Food Bank Habitat for Humanity Canada Girl Guides of Canada The Foundation for Families (Canadian Tire) Kids Help Phone Friends of Mill Creek Puslinch Fire Department Table pour la recuperation hors foyer Hope Volunteer Search and Rescue British Columbia Ambulance Service Flood Relief Chilliwack Initiation Hockey Tournament t Nestle Waters Canada welcomes questions from the public. Canadians can contact Gail Cosman, President of Nestle Waters Canada, directly at comments_forthe_president @waters.nesde.com. Gail personally responds to all inquiries. How do you monitor the quality of your bottled water? Nestle Waters Canada takes a multi- barrier approach to water safety. We subject all of our finished products and our source water to daily microbiological analysis that exceeds the microbiological requirements as outlined in the Safe Drinking Water Act. Water samples are also sent to a third party independent lab for analysis every week. On a daily basis we conduct 1,700 quality and 60 quantity tests. Is the Canadian bottled water industry regulated? Yes. Bottled water is extensively and strictly regulated under the Food and Drugs Act and Regulations as a food product. The Food and Drugs Act sets identity standards, provides a basis for labelling requirements and establishes the safety parameters for bottled water and all other food products. Manufacturers and importers of bottled water are inspected and monitored by the Canadian Food Inspection Agency (CFIA) to help ensure that the products are safe and wholesome'. How much do you pay for the water you take? In Ontario, we currently pay a $3,000 application fee for our Permit to take Water, but do not pay for the water itself. In the future, we will pay $3.71 per million litres extracted to the Province of Ontario. Nestle Waters Canada fully supports the concept of paying our fair share for water usage along with other water users. Water is a shared resource. Why should Nestle Waters Canada be allowed to bottle this valuable natural resource? Canadian consumers are choosing bottled water as a healthy beverage alternative in record numbers. At Nestle Waters Canada, we believe that bottled water manufacturers have an important role to play in offering consumers a healthy, portable and convenient alternative to other bottled beverages. We are proud to provide high quality beverage products to meet this significant and growing demand. I've seen bottles of Nestle Pure Life in the U.S. and other countries around the world. Are you shipping our water around the world? Nestle Pure Life is a global brand produced locally and close to the consumer. Nestle Pure Life is produced around the globe, from local water sources, in countries as widespread as China, South Africa, Mexico, Canada and the U.S. In Canada, for example, 98% of the water extracted at our Puslinch, Ontario, facility goes to Ontario and Quebec, ensuring that the vast majority of water stays within the Great Lakes /St. Lawrence water basin. The other 2% of the water is distributed within Canada and the northeast United States. 9 hUP:// www .Inspection.gc.ca /english /fssa /concern /speeif /bomvateshtml (November 13, 2007) Nestle Waters Canada 101 Brock Road South Guelph, ON N1 H 6119 Phone: (519) 753 -9462 Fax: (519) 763 -8156 Toll free: 1- 888 -565 -1445 comments_for the_president@waters.nestle.com www.nestle-watersna.com COMMONLY ASKED QUESTIONS Why should I drink bottled water? We believe that bottled water is a healthy beverage choice, and we are proud to provide Canadians with a high quality product that supports a healthy lifestyle. Over the last five years, many beverages including soft drinks, sports drinks and juices have experienced a slowdown in their sales growth. During the same time period, the demand for bottled water has increased as Canadians indicate their preference for a healthy bottled beverage. How much bottled water are Canadians drinking? The Canadian bottled water industry has been growing rapidly over the past decade, moving the product into the mainstream Bottled water has become a staple for Canadian consumers with 52% choosing it for its portability and taste'. (CANADA'S THIRST FOR BOTTLED WATERz.. ,Votumeof Beverage Market 'a Carbonated Soft Drinks= i5.i% r Coffee i.1fi5 Tea X8.8 %t :fruit Beverages 86 Water 2`9:1 Source: Beverage Marketing Corporation. 2006 Do bottled water companies use a lot of water? While bottled water is an obvious use of groundwater, the amount of water extracted by Nestle Waters Canada is actually very small when compared with other uses. anadianBott leA Water Mar 2004 200, ,_Volume BJlions of tnres r2005 Source: Beverage Marketing Corporation 2006 At Nestle Waters Canada, we know that every drop counts and we are proud of our efficient water use. For example, to produce 1 litre of Nestle Waters Canada bottled water brands, only 1.5 litres of water are required. This includes water used by equipment and in -line sanitation. Will you use up the water and leave? Our sources are vital to our business, so it only makes sense for us to do everything we can to protect them. We plan to bottle water, at a sustainable rate, well into the future. Properly managed, sources are renewable indefinitely. Protecting these resources is not only the fiscally responsible way to operate, but also the right thing to do. Nestle Waters Canada researches historical and geological records and only selects water pumping sites that nature can naturally replenish. Recharge patterns are critical in determining the amount of water a source can safely yield, and Nestle Waters Canada is committed to meticulously managing our sources now and in the future. How do you monitor the environmental impact of the bottling plant? We monitor the water level of our production wells on a continuous basis, and regularly collect data from on -site and off -site monitoring wells. We also monitor water levels and temperatures of the creeks near our facilities. Our program, which includes both surface and groundwater monitoring locations, exceeds the requirements of our individual permits. We report our monitoring results quarterly to the Ontario Ministry of the Environment. Monitoring reports related to our activities in Puslinch and Erin, Ontario, are available from the Ontario Ministry of the Environment. 6 h ttp:// www-flnewaters.com /Bottled_water /Canada/ (October 10, 2007) Statistics Canada. Households and the Environment Survey 2006 Product 1 titre Nestle Waters Canada 1 slice of brown bread a isllcecan of fruitorvegetables ofwhitebrew F 4 rlstrram di �a ed o e as €=.-'S 1.5 litres 28 litres a5 _litres Source: Environment Canada, Freshwater Website: Did you know? How much water do bottled water producers use compared to others? (Permits issued by the Ontario Ministry of the Environment as of May 2007) PERMITS Industry Agriculture Water Supply* Commercial Miscellaneous Industrial ;Oetvatertii bewatermg'Constructtdn ENVIRONMENTAL EXCELLENCE At Nestle Waters Canada, we recognize that water is essential to our ecology and sustaining life in all its forms. That is why painstaking care is taken to select sources that are high quality, abundant and readily replenished. We monitor the water levels and conditions at our sources, and we use state -of- the -art quality practices in our bottling processes to ensure a safe and natural beverage. Earth- Friendly Facilities Mindful of the environment and natural resources, Nestle Waters Canada is a leader in conserving natural resources and minimizing waste. In 2006, we invested $2.5 million in new technology that made our Puslinch bottling facility 10% more water efficient. We hope to reduce our water efficiency by another 20% in 2008. We are continuously working to find new and innovative ways to make our Canadian facilities more efficient. Total Permits 2, 944 1,196 691 bit 514` Total Permitted Taking (million cubic metres per day) 7.59 18.36 2.12 79281 Includes municipal, communal and campgrounds water supply Includes aquaculture, golf course irrigation, mall /businesses, snowmaking, other Includes dams reservoirs, heat pumps, pumping tests, wildlife conservation, other Includes aggregate washing, brewing sofa drinks, cooling water, food processing, rnanufacturing, pipeline testing, power production, other Hospitals, schools, other Source: Ontario Ministry of the Environment Reducing our Impact Bottled water containers in general use less plastic than carbonated soft drinks or other plastic beverage containers. At Nestle Waters Canada, we are committed to finding new and innovative ways to reduce our packaging. For example, in the last five years, we have reduced the plastic content in our packaging by approximately 30% and our corrugate use by 65%. Our "Eco- Shape" bottle, available in 500 millilitres, has reduced the amount of plastic in our bottles by 15 The bottle feels different to the consumer, but we believe they will appreciate the lower plastic resin content. This new bottle design is for all of our brands in North America and will save approximately 30 million kilograms of plastic resin a year. In addition to reducing the environmental impact of our bottles, we constantly look for ways to reduce the environmental impact of our activities. We have started to produce our plastic bottles onsite, reducing the kilometres traveled by our trucks. Our new $15 million warehouse expansion, expected to begin in 2008, will reduce the number of trucks traveling to and from our facility by 1,500 per year. 1/2 LITRE SPRING WATER BOTTLE WEIGHT REDUCTION Reusing Materials When possible, Nestle Waters Canada's facilities reduce waste by reusing items such as corrugate, wooden pallets and shipping containers. Recycling Focused All of our packaging is 100% recyclable and our corrugated trays are made from 100% recycled fibre. Nestle Waters Canada promotes the recycling of our bottles. We also actively support long- term research into new environmentally focused packaging technologies such as biodegradable bottles. November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -34 2008 Sports Wall of Fame Inductees RECOMMENDATION: NiagaraJalls CAN 1 D R- 2008 -34 That Council approve the 2008 Sports Wall of Fame Inductees for the January 2009 Induction Ceremony. BACKGROUND: On July 30, 2008, the Sports Wall of Fame Committee reviewed the Sports Wall of Fame Nomination Forms and selected Nominees for Induction into the 2008 Niagara Falls Sports Wall of Fame. The Sports Wall of Fame Committee hosts the Niagara Falls Sports Wall of Fame Induction Ceremony, annually each January. Induction into the Wall of Fame is a special recognition of the contribution and achievement of selected individuals who are athletes, builders, teams and sponsors. The recommended Inductees are listed below and a brief description of their achievements is attached. 1900 1970 Era: Name Category Sport *NFCVI Basketball Team, 1946 Team Basketball Jim Koteles Builder Judo John Solose Athlete Wrestling `NFCVI Basketball Team, 1935 -36 Team Basketball Frank Long Athlete Hockey ontrose UnitlkNiagara L2H 3N3 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Cult November 3, 2008 2 R- 2008 -34 1971 1990 Era: Name Category Sport Dennis O'Connor Builder Curling Football Tony Gudgin Athlete /Builder Cricket 1991 Present Era: Name Category Sport Michael David McRae Builder Baseball *Automatic Induction Definition: (from Sports Wall of Fame Constitution) a) Any Niagara Falls athlete or team who wins an Olympic medal (gold, silver, bronze). b) Any Niagara Falls athlete or team who finishes first, second or third in any international championship sanctioned by the I.A.F. (International Athletic Federation) and /or is considered acceptable by the Sports Wall of Fame Committee. c) Any Niagara Falls athlete who wins a Canadian championship in a non -team discipline, in an unrestricted age category, and sanctioned by a governing body affiliated with Sport Canada and /or is considered authentic by the Sports Wall of Fame Committee. d) Any Niagara Falls team who wins a Canadian Championship or Ontario Championship (during the years 1900 to 1950 only) sanctioned by a governing body affiliated with Sport Canada and is considered authentic by the Sports Wall of Fame Committee Recommended by: Approved by: en -e Morris y, Director of Parks, Recreation Culture Ed Dujlovic,`Secutive Director of Community Services Respectfully submitted: Attachment S:1Council\Council 2008\R- 2008 -34 -2008 Sports Wall of Fame Inductees .wpd Name Category /Sport Description N.F.C.V.I. Senior Boys Basketball Team, 1946 Team /Basketball COSSA Champions At the time, the ultimate goal was to win COSSA There was no OFSAA title at this time John Solose Athlete/Wrestling Ontario Wrestling Champion In 1967, John competed in the Ontario Winter Games In 1967, honoured at the "Dinner of Champions" by City Council Jim Koteles Builder In 1963, received Brown Belt and became Captain of Manson Five -Man Brown Belt Team, winning the Eastern Canadian Championships in Montreal 1964 -65, placed in Top 3 in several team championships and Top 5 in numerous competitions throughout Eastern Canada In 1965, promoted to Shodan -1s Degree Black Belt, began teaching Judo then became co- owner /instructor at the Welland Judo Club 1967, promoted to Nidan, 2 Degree Black Belt and entered into partnership with other Black Belts to purchase the Manson Judo Club. The club was renamed "Niagara Falls Judo Centre Ltd." 1968, attended National Coaches Clinic sponsored by Amateur Sports Directorate of National Health and Welfare one of only thirty black belts selected by the Canadian Kodokan Black Belt Association Taught many high profile students and was sensei to the next generations of highly successful judokas, including Black Belt Gerald Cyr Honoured by Professor Kotani, 9` Degree Black Belts from the Kodokan Institute of Judo in Japan Frank Long Athlete 1938 COSSA silver and bronze medal 1939 OFSAA bronze medal Professional hockey player in the American, East Coast and Pacific Hockey Leagues from 1944 1947 2008 Sports Wall of Fame Inductees Bios 1900 1970 Era 1971 -1990 Era Name Category/Sport Description Tony Gudgin Athlete /Builder President of Welland- Niagara Cricket Club to encourage Niagara Falls people to play Chief Umpire for the Hamilton District Cricket League Formed the Upiring Certification Committee to serve all of Canadian Cricket by training instructors from each province Formed a similar committee for the United States Cricket Association in 1984 travelled extensively in the U.S. for four years From 1981 -92, he was the Chief Umpire for the Ontario cricket Association, covering five areas and 260 teams. In 1985, arranged qualified umpires for the First World Masters Games in Toronto and other International Games Dennis O'Connor Builder/ Dedicated more than 25 years of his life Curling to the sports of curling and football Football Coached teams to 13 SOSSA titles and 10 Top Five at the Ontario Championship level In 1994 -95, awarded the OFSAA Leadership in School Sport Award presented annually to a teacher -coach who has made a significant contribution to the educational athletic program In 2001, presented an award during the OFSAA Championships "in respect and appreciation for his interest, patience and long- standing dedication" NFCVI Senior Boys Basketball Team, 1935- 36 Team Basketball 1935 -36 COSSA basketball champions of Ontario (at this time, COSSA was the ultimate goal in high school athletics) All members of the NFCVI 1935 -36 basketball team served our Country in World War II Name Category/Sport Description Michael David McRae Builder /Baseball First Canadian to coach at the NCAA Division #1 Collegiate level in the U.S. In 1995 -96, Founded first baseball program at Brock University In 1996, coached Team Ontario at Canada Cup In 1997, invited to be a guest coach at Spring Training for the Toronto Blue Jays In 1997, coached Team Ontario Canada Cup won Silver Medal In 1997, Guest Coach with the Canadian National Youth Team, participating in the World Championships In 1997, Assistant Coach at the Wintrhop University in Rock Hill, S.C. In 1998, Coached the Canadian National Youth Team 1998 -2001, Assistant Coach at the University of Maine Authored "Home Run: A Modern Approach to Baseball Skill Building published in 1998 In 2001, named Head Coach at Niagara University In 2003, broke the school record for wins and lead team to only the 2 playoff appearance in school history 2003, Metro Atlantic Athletic Conference named "Coach of the Year" In 2004, broke school record for wins again and placed 2n highest finish in school In three years, produced five players that were drafted by Major League Baseball, three of which were Canadians, and which one Canadian was honoured as an All American Selection (first and only in school history) In 2004, became the new Head Coach at Canisius College In 2005, Assistant Coach for Team Ontario, for participationin the Summer Games and won the Gold Medal In 2007, Mike was named as one of the Top 70 Canadians in baseball by Bob Elliott published by SLAM! 1991 Present Era v November 3, 2008 TS- 2008 -52 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CniNa1)n Re: TS- 2008 -52 Contract T2008 -16 for the Snow Ploughing, Piling and Hauling of Snow City Parking Lots Three (3) year term RECOMMENDATIONS: 1) That Sacco Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 1; 2) That Ken Warden Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 2; 3) That Ken Warden Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 3; 4) That the successful bidders enter into an agreement with the City of Niagara Falls for the snow ploughing of municipal parking lots and hauling when required for a 3 -year term, from 2008 -2011 in accordance with Contract T2008 -16. 5) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, opened tenders on Tuesday, October 7, 2008 for the above noted contract. Each contract is for a three -year period covering the winter seasons of 2008 -2009, 2009 -2010 and 2010 -2011. Seven (7) bids were received for snow ploughing of lots for Area 1, Area 2 and Area 3. All of the bids were submitted by local firms. Shown below is a summary of the tendered rates for the parking lots in each of the designated areas. It is a requirement of the tender that if any contractor successfully bids on more than one area, they confirm with the City, they have sufficient equipment and staff to perform all the duties concurrently. 'fi r,:,. �^.Z�sr f r ,.K,,...,. 4310iQueenStreet PO Box 1023; Niagara•Falls, ON, Canada 'L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Departmen Transportation Services November 3, 2008 2 TS- 2008 -52 Staff estimated 25 ploughs per season, and two hauling call -outs of ten hours each using the contractors submitted hourly rate. The hourly rate for hauling and piling snow is based on a minimum equipment requirement of one loader and two haulers. Given the aforementioned predictions the total snow ploughing and snow hauling costs are as follows Snow Ploughing of Lots and Hourly Hauling Rate: Area #1 Groups A, C, E, G Contractor Sacco Constr. Clintar 2008 -2009: $41,960.25 hauling 4,515.00 2009 -2010: $41,960.25 hauling 4,672.60 2010 -2011: $46,156.50 hauling 4,809.00 Contractor Greenfield 2008 -2009: $86,625.00 hauling 7,560.00 2009 -2010: $86,625.00 hauling 7,560.00 2010 -2011: $86,625.00 hauling 7,560.00 Area #2 Groups A, B, C Contractor Ken Warden 2008 -2009: hauling 2009 -2010: hauling 2010 -2011: hauling Contractor 2008 -2009: hauling 2009 -2010: hauling 2010 -2011: hauling Area #3 Contractor 2008 -2009: hauling 2009 -2010: $27,877.50 3,570.00 $27,877.50 3,570.00 $27,877.50 3,570.00 $76,387.50 7,560.00 $76,387.50 7,560.00 $76,387.50 7,560.00 Groups A, B, C, D, F Ken Warden $22,443.75 3,570.00 $22,443.75 $39,270.00 $10,500.00 $40,057.50 $10,710.00 $40,871.25 $10,920.00 Snips Landscape $117,600.00 $no bid $117,600.00 $no bid $117,600.00 $no bid Sacco Constr. $36,290.75 4,515.00 $38,106.00 4,672.60 $39,920.00 4,809.00 Greenfield Group Snips Landscape $108,412.50 $no bid $108,412.50 $no bid $108,412.50 $no bid Sacco Constr. $30,948.75 4,515.00 $32,496.50 $31,893.75 4,263.00 $34,545.00 Working Together to Serve Our Community Dominion Montgomery Bros Innerunion $44,277.25 $47,643.75 $51,581.25 4,305.00 4,265.00 5,775.00 $46,485.00 $51,423.75 $55,781.25 4,305.00 4,515.00 5,985.00 $48,802.75 $55,492.50 $58,143.75 4,305.00 4,830.00 5,985.00 Clintar Innerunion Montgomery $37,117.50 $43,575.00 $46,331.25 $10,500.00 5,775.00 4,263.00 $37,878.75 $47,381.25 $49,953.75 $10,710.00 5,985.00 4,515.00 $38,640.00 $49,875.00 $53,731.25 $10,920.00 5,985.00 4,830.00 Montq. Bros. Innerunion Clintar $32,550.00 5,775.00 $38,062.50 $55,807.50 $10,500.00 $56,948.75 November 3, hauling 2010 -2011: hauling Contractor 2008 -2009: hauling 2009 -2010: hauling 2010 -2011: hauling 2008 3,570.00 $22,443.75 3,570.00 Greenfield Group $68,906.25 7,560.00 $68,906.25 7,560.00 $68,906.25 7,560.00 Recommended by: Approved by: Respectfully submitted: 4,672.60 $34,044.25 4,809.00 Fine Grade Constr. $79,275.00 $no bid $85,968.75 $no bid $93,450.00 $no bid 3 Estimated Costs for Snow Ploughing, Three year term: Area #1 Area 2 Group A, C, E, G Group A B, 2008 -2009: $41,960.25 $27,877.50 hauling 4,515.00 3,570.00 2009 -2010: $41,960.25 $27,877.50 hauling 4,672.60 3,570.00 2010 -2011: $46,156.50 $27,877.50 hauling 4,809.00 3,570.00 4,515.00 $37,616.25 4,830.00 5,985.00 $41,606.25 5,985.00 Area #3 Group A, B, C, D, F $22.443.75 3,570.00 $22,443.75 3,570.00 $22,443.75 3,570.00 TS- 2008 -52 $10,710.00 $58,065.00 $10,920.00 Based on the rates received and the estimated number of times that snow ploughing /snow hauling and piling operations will be required, the bid submitted by Sacco Construction for Area 1, the bid submitted by Ken Warden Construction for Area 2 and for Area 3 are low bids. The contractors have previously carried out snow ploughing operations for the City of Niagara Falls. The total contract value for the 2008 -2011 seasons is estimated to be $316,457.35 including taxes. Therefore, based on the tendered rates staff is recommending that the tenders be awarded to the low bidders. Committees' concurrence with the recommendations made in this report would be greatly appreciated. /,K-9 2 S. Wheeler V:12008000NCIL10B11031TS- 2008 -52 Snow Ploughing City Lots 2008 -2011 wptl Karl Dren, Director of Transportation Services Ed Dujlovic, E =cutive Director of Community Services MacDonald, Chief Adm istrative Officer Working Together to Serve Our Community November 3, 2008 TS- 2008 -53 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATIONS: Niagaraf1alls C 1 N A D A Re: TS- 2008 -53 Quotation for the Supply and Apply of Sand /Salt in Municipal Parking Lots Three (3) year term 1) That Ken Warden Construction be awarded the contract for the supply of services for Supplying, Sanding and Salting in Areas 1, 2, 3 municipal parking lots; and, 2) That the successful bidder enter into an agreement with the City of Niagara Falls for the supply of sand /salt mix and the application on municipal parking lots when required for a 3 -year term, from 2008 -2011 in accordance with Contract T2008 -17. BACKGROUND: That the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, opened tenders on Tuesday, October 7, 2008 for the above noted contract. The contract is for a three -year period covering the winter seasons of 2008 -2009, 2009 -2010 and 2010 -2011. The City has identified in this contract that the successful applicant supply their own sand /salt mix in a 5% salt/sand ratio as identified in the City of Niagara Falls Salt Management Plan. Supply and Apply Sanding Salting of Lots: Seven (7) bids were received for supplying, sanding and salting operations for Area 1, Area 2 and Area 3 parking lots. All of the bids were submitted by local firms. It is a requirement of the tender that if any contractor. successfully bids on more than one area, they confirm with the City that they have equipment and staff to perform all the duties concurrently. :0-e2 a 0 Queen Street PO Box 1023, Niagara Falls, ON Canada L2E 6X5. 905- 356 -7521 www.niaga rata lls.ca Working Together to Serve Our Community Community Services Department Transportation Services November 3, 2008 2 TS- 2008 -53 Costs to sand, salt and supply mix in all lots on an as needed basis, Area #1 Groups A, C, E, G Contractor Ken Warden Clintar Sacco Constr. Montgomery Bros Innerunion 2008 -2009: $8,434.92 9,702.00 $13,104.00 $18,534.60 $21,168.00 2009 -2010: $8,434.92 9,951.60 $13,759.20 $20,424.60 $23,310.00 2010 -2011: $8,434.92 $10,092.60 $14,414.40 $22,075.20 $23,625.00 Contractor Greenfield Snips Landscaping 2008 -2009: $26,964.00 $59,976.00 2009 -2010: $26,964.00 $59,976.00 2010 -2011: $26,964.00 $59,976.00 Area #2 Groups A, B, C, Contractor Ken Warden Clintar Sacco Constr. Montgomery Bros Innerunion 2008 -2009: $7,670.04 $9,387.00 $13,293.00 $19,290.60 $16,758.00 2009 -2010: $7,670.04 $9,576.00 $13,957.68 $21,369.60 $18,081.00 2010 -2011: $7,670.04 $9,765.00 $14,622.36 $23,108.40 $19,215.00 Contractor Greenfield Snips Landscaping 2008 -2009: $24,570.00 $51,912.00 2009 -2010: $24,570.00 $51,912.00 2010 -2011: $24,570.00 $51,912.00 Area #3 Groups A B, C, D, F Contractor Ken Warden Clintar Sacco Constr. Montgomery Bros Innerunion 2008 -2009: $8,033.76 9,815.40 $14,616.00 $13,872.60 $13,230.00 2009 -2010: $8,033.76 $10,004.40 $15,346.80 $15,271.20 $14,112.00 2010 -2011: $8,033.76 $10,206.00 $16,077.60 $16,518.60 $15,498.00 Contractor Greenfield 2008 -2009: $19,845.00 2009 -2010: $19,845.00 2010 -2011: $19,845.00 Sanding and salting is performed on an "as needed" basis. This service is performed approximately twelve (12) times per season. Working Together to Serve Our Community November 3, 2008 3 TS- 2008 -53 Three -Year Estimated Costs for Sanding Salting: Based on the rates received and the estimated number of times that sanding /salting operation will be required, the bid, submitted by Ken Warden Construction for areas 1, 2, and 3 parking lots, is the low bid and has previously carried out sanding /salting operations for the City of Niagara Falls. The total estimated contract value for all three sanding /salting seasons, 2008 -2009, 2009 -2010 and 2010 -2011 based on twelve (12) times per season is $72,416.16 including taxes. Therefore, based on the tendered rates staff is recommending that the tenders be awarded to the low bidder. Committees' concurrence with the recommendations made in this report would be greatly appreciated. Recommended by: Approved by: Respectfully submitted: Karl Dren, Direc or of Transportation Services Ed Dujlovic, acDonald, Chief Administrative cutive Director of Community Services s.wheeler S:1General Administration\GA 1.01 Reports\2008 Community Services111 Nov 3 \TS- 2008 -53 Supplying, Sanding, Salting City Lots 2008- 2011.wpd Working Together to Serve Our Community November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niagaraaaaaafalls C \N d E)�i Working Together to Serve Our Community Fire Services FS- 2008.02 Re: FS- 2008 -02 Carbon Monoxide RECOMMENDATION: That Council approve the report initiating a by -law requiring the installation and maintenance of Carbon Monoxide alarms in the City of Niagara Falls. Carbon Monoxide (CO), also known as the "silent killer is a colorless, odorless, poisonous gas that results from the incomplete burning of common fuels such as natural gas, liquefied oil, wood or coal. When CO is inhaled, it enters the blood stream and reduces the ability of the blood to carry oxygen to vital organs such as the heart and brain. CO poisoning can be confused with flu symptoms, food poisoning and other illnesses. Symptoms include shortness of breath, nausea and headaches. Although most CO poisoning happens during a single incident, it is possible to suffer from chronic CO poisoning from exposure to low levels of CO over weeks or months. In the home, heating and cooking equipment that burn fuel are potential sources of CO. Vehicles or generators running in an attached garage can also produce dangerous levels of CO. The Niagara Falls Fire Services, like most other fire departments, frequently responds to emergency calls relating to CO. The Niagara Falls Fire Services has responded to 223 emergency calls for CO since January 1, 2007, 19 of which required transport to the hospital for medical treatment. The Niagara Region has witnessed the devastating effects of CO poisoning over the last number of years. In 2004, a member of the Niagara Regional Police Service lost his life in his home in the City of Port Colborne from CO poisoning. Similarly, in 2008, five members of a family in the City of Thorold were rushed to the hospital with CO poisoning. In each of these cases, a CO alarm would have alerted the occupants to the presence of CO in their buildings. 0 QueenEStreet PO:;Boz 1023; Niagara Falls; ON,Canada L2E6X5 905 356 -7521 www.nia.arafalls.ca November 3, 2008 2 FS- 2008 -02 The Ontario Building Code requires the installation of a CO alarm in all new residences, however, there is no legislative requirement through the Ontario Building Code nor the Ontario Fire Code to install and maintain a CO alarm in existing buildings. A number of municipalities in the Province of Ontario have already enacted similar by -laws requiring the installation and maintenance of CO alarms, including the cities of Toronto, Oshawa and Brampton. The average cost of a CO alarm is between $30 and $40. In efforts to reduce the opportunity for CO tragedies to strike residents of Niagara Falls, it is appropriate to mandate early warning of the presence of this deadly gas in all residential buildings in our city. Based on the approval of this report, Fire Services will prepare a by -law to be brought before Council at a future meeting. Recommended by: JJessop:tc Lee Smith, Pire Chief Respectfully submitted: 'Ubi John M„QIonald, Chief Administrative Officer November 3, 2008 Niagara alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS- 2008 -03 Purchase of Light Rescue Truck for Fire Services RECOMMENDATION: That Council approve the purchase of a Light Rescue truck from Asphodel Fire Trucks Ltd. at a cost of $163,850.00 (plus applicable taxes). BACKGROUND: FS- 2008 -03 In past years, there have been requests from fire fighting personnel to become actively involved in the selection and purchasing process of fire apparatus. Approximately three years ago, we began a lengthy process of appointing an apparatus committee composed of interested individuals from our suppression section, mechanical section and Supply and Services section. Our committee became educated through product research, meetings with mechanics and manufacturers, attending trade shows and benefitting from internal expertise and experience. The recommendation is a result of a teamwork and cooperation to achieve the best vehicle that meets our needs given budgetary considerations. The specifications design process focused on safety personnel within the vehicle while responding and while operating the vehicle at emergency scenes. Rescue trucks are part of our primary response within the fire department. They carry personnel, equipment, including specialized rescue equipment and provide the capability of a command post at emergency scenes. The new vehicle will allow us to retire our1994 Panel 5 truck. The original tender for this truck (T15 -2008) closed on July 10, 2008. We received five quotes from interested manufacturers. All quotes received were over the budgeted amount and the tender was thereby canceled. Following this, the bidders were contacted with a request to provide any demonstrator models that would be sufficient for our purposes. Asphodel responded with this truck which, with minor modifications, was sufficient for our use and within budget. Monies for this project were funded thrq h the Capital Budget (12 -3- 210036- 030000). i10 Queen Street'PO Box 1023 Niagara Falls/ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca acDonald, Chief Administrative 0 Working Together to Serve Our Community Recommended by: Respectfully submitted: PRoss:tc Lee S A by -law to authorize the execution of an Agreement of Purchase and Sale with Skrlac holdings Inc. respecting the purchase of lands being Part 5 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 23, 2008 and made between Skrlac Holdings Inc. and The Corporation of the City of Niagara Falls for the property described as Part 5 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terns 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 maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 PURCHASER Skrlac Holdings Inc. agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Part 5 and part of Part 9 on Reference Plan 59R -13500 and legally described as Part of Lane in front of 117 and part 118 Plan 291; and Part of Lane in front of Part 133, 134 and 135 Plan 1002; in the City of Niagara Falls, Regional Municipality of Niagara(the "property PURCHASE PRICE: Six Hundred Seventy Eight Dollars and Ten Cents Dollars(CDN$ $678.10 DEPOSIT; Purchaser submits Sixty Eight Dollars ICONS 68.00 (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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE (S) A attached hereto forms Is) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A N/A AGREEMENT OF PURCHASE AND SALE 3. RENTAL ITEMS: The following equipment i s rented and not included in the Purchase Price. 4. IRREVOCABILITY: This, shall be irrevocable by Vendor until 4:30 p.m. V on the 29" day of be ref 2008 after which time, if not accepted, this Offer shalt 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 as soon as possible after the date of acceptance herein. 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 N 0 9 0 5 371 -2892 ,m, del r ...e,eer FAX NO. (905( v"r e „.,a „o m.rn,,. 7 GST: If this transaction is subject to Goods and Services Tax (0.5.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. 0. TITLE SEARCH Purchaser shall be allowed, as soon as possible after the date of acceptance herein (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; Ili) 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 (Tourist Commercial, Parking and Deferred Tourist Commercial, in part I 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 la) any registered restrictions or covenants that run with the land providing that such are complied with; (bl 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; any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and ld) 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 and 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 passible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by 'Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects he 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 Dank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Popuiaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. VFFI: 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, of the undersigned are bound by the terms Iyerein. DATED AT Niagara Falls this day of SIGNED, SEALED AND DELIVERED in the presence of: my hand and seal; SKRLAC HOLDINGS 1, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this day of 2008 5IGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my 'nand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS rv..m„ R.T TNESS whereof I have hereunto set trators, successors and assigns t gut (Sean (Ted) 5alci, Mayor (seal) ewsu, Dean Iorfida, City Clerk (seal) DATE dam[_$ L (II DATE 2 3 DATE DATE 2008 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes bath typed and written was finally executed by all parties at a.m. /p.m. this day of 20 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded 10 my lawyer THE CORPORATION OF THE CITY OF NIAGARA FALLS SKRLAC HOLDINGS INC. Ted) Salci, Mayor aoo Dean Iorfida, Clerk Address for Service. The Corporation of the City of Niagara Falls 1310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Niagara Falls ON L2E 6X5 DATE DATE Title DATE DATE Title? Address 1310 Oueen Street P.O. Box 1023 Address Address for Service: Tel. No. (905 356-7521 Tel. No. (905) is' woe cur, Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer (905 1356 -7521 (905 )371 -2892 (905) (905) Tel.NO. FAX No. Tel. No. FAX No. (P1 uui� 45 1 i 7 77711 1 LOT LOT LOT PLAN W M•icil 455 I2(P_.P3• =12CI_ 1.130•52 0.431 N m .w LOT P.IN. 45.72 (P4 43855'50' LOT P.L N. 45 T1 ;3934'45 "W LOT LOT P.16, SCHEDULE "A" 1 I 0 O Z 9 I 2 Q 2‘.€2 Lj 291 N 6 ^m PART (.v N 9W P, 4 01044' 55Zn 451 M11n y 1Gz1 151 g1n1�E b 134, 0112(L1) p 1361 52 m 1.532 133 135 120 n i 54544- 00ee(Lt) 121 8.4444— OOeB(Lr) 45.702 (KW 13.72 7412 U 44n4 (PI) S N3511 55 0 9 04.2S 122 64344- 0070(11) 1.53( PART 3 00 PLAN N3Y49W 2.305 2.305 LOT 118 ppppppp������� 41.238 yp A N38'0725w 4) a So I— U =I 4=90 LOT V a i 7: 53 43.340 lwzl u 0P0 1438'15•40w (P =n 5 Th 8 :vu r PART 2 59R -119 40.019 n, 1443 3&0725'44 43.053 vui 1134 1 110 LOT 41.072 ON •T".) P.Lx. MOt4-0054(Lr) INSi. N0. 10(4966 1130•08•71(14 4717) 44 LOT 115 43.53101ui1 nv (P4) 3E00 (P1. 184z) 45.0E4 LOT 114 A by -law to authorize the execution of an Agreement ofPurchase and Sale with Skrlac Holdings Inc. respecting the purchase of lands being Part 10 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 23, 2008 and made between Skrlac Holdings Inc. and The Corporation of the City of Niagara Falls for the property described as Part 10 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk i hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, Skrlac Holdings Inc. agrees to purchase from VENDOR The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Part 10 and part of Part 9 on Reference Plan 59R -13580 and legally described as Part of Lane in front of 113 Plan 291; and Part of Lane in front of Part 133 134 and 135 Plan 1002; in the City of Niagara Falls, Regional Municipality of Niagara(the "property PURCHASE PRICE: Six Hundred Seventy -Eight Dollars and Ten Cents Dollars(CDN9 $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CDN9 68.00 (Herewith /Upon acceptance) c 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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCREDULE(S) A attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: NIA 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 41 ,4. IRREVOCABILITY: This 0fEe be irrevocable by Vendor until 4:30 p.m. on the ?r'6 dey of BeloBeet 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 as soon as possible after the date of acceptance herein. 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 N0. (9051 371 -2892 n". ".n..... ,,.,,,d.,, FAX Na. (905) (For delayers( or nonce. to Perch. sec) 7. GST: If this transaction is subject to Goods and Services Tax (0.8.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, as soon as possible after the date of acceptance herein (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; (ill 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 (Tourist Commercial Parking and Deferred Tourist Commercial, in part 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 Id) 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 6 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: Purohaser 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.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. DFFI: Vendor represents and warrants to Purchaser that during the time Vendor has w owned the property, Vendor has not caused any building on the property to be insulated ith insulation containing ureaformaldehyde, and that to the test 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. n DATED AT Niagara Falls this Y day of t}„,:)) 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: SKRLAC HO DIN '1 INC. IWItneLai Criji L tne Undersigned vendor, agree to the above Offer a.m. /p.m. this day of 20 DATE isesu DATE 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 Ted) Salci, Mayor lseall rv.ea Dean Iorfida, City Clerk (seal) DATE DATE CONFIRMATION Of ERECUTIoe: 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 SKRLAC HOLDINGS INC. DATE DATE R.T. (Ted) Satci, Mayor ouseo „Dean lot ida, Clerk Title: DATE DATE Title` Address tor Service: The Corporation of the Address for Service: City of Niagara Falls, 4310 Oueen Street, P.O. Box 1023, Niagara Falls ON L21 6X5 Tel. No. (905 356 -7521 Tel. No. )905( Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address 4310 Oueen Street P.O. Box 1023 Address Niagara Falls ON L2E 6X5 (905 )356 -7521 (905 1371 -2092 Tel.No. FAX No. )905) (9051 Tel. No. FAX No. 04aw LOT LOT LOT 1438'55'50"1 LOT P.LH. PLAN P.1.N- v r 45.] 1 1u13c N38'34'45 "W LOT 4411 (P4) LOT P.1N. 45.72 X%52'30 O 1 1.535 W( .13(10 45.72 I r`..) _�e` 14 30'5230 X1` Js 44- 0112(LT) 1.9'1 LOT 136 6, 45.72 (144( 45.702 LA r r 0 r 1 O z I "H 3 ov W 291 O 'n PART o W "3 W P.I w1. -1000 .la1a«T-3 135 120 3058(1.27 iIt 121 �I 54544- 0389(1.11 LAI nve1 a N38 100 0 Z (4.9S 122 4 4844- 00'1«LT) SCHEDULE "A" 0086(LT) Oy LOT 119 Litt ID r N35007 41,072 (P44PUSS 2.306 1 P.LN 640 0044(1.1') NSi. 140. 70149 305,„: "-LOT 118 41.238 0 N30'07'25 eI 1.534 3 z P.LN. g43N- 0080(1.2) I m LOT 116 53 5 43.340 (13(1) u.US (P4) r O PLAN a —PP 3 f PAR7 2 l ae PLA' L44 S 59R -11934 W.5J9_ (n. Pt uru) YAWN 143 N3€OCH (P44 YDS) 1434315'401 (PS z5 43.053 R 5•14 H.5 .5 0 9] 1 (38'08W (P 45155 1 O 291 A by -law to authorize the execution of an Agreement of Purchase and Sale with Maria DiGiacomo and Pasquale DiGiacomo respecting the purchase of lands, being Part 11 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 29, 2008 and made between Maria DiGiacomo and Pasquale DiGiacomo and The Corporation of the City of Niagara Falls for the property described as Part 11 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and 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 third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No, 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER Maria DiGiacomo and Pasquale DiGiacomo agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Part 11 on Reference Plan 59R -13580 and legally described as Part of Lane in front of 118 Plan 291; in the City of Niagara Falls, Regional Municipality of Niagara(the "property PURCHASE PRICE: Six Hundred Seventy -Eight Dollars and Ten Cents Dollars(CDN$ $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CDN$ 68.00 (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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Palls Council. SCHEDULE(S) A 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. Thiss Offer shall be irrevocable by Vendor until 4:30 p.m. n the_ day of Ur.RaNe. 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 as soon as possible after the date of acceptance herein. 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. (9058 371 -2892 ,r,..,u n.,. a� e ,.a. .e ..eo., FAX N0. (905) 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, as soon as possible after the date of acceptance herein (Requisition Date), to examine the title to the property at his own expense and until the earlier of: (il 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 (Tourist Commercial Parkin. and De erred Tourist Commercial in .art 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 e letter from the relevant municipality or regulated utility; O any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and id( 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 Co 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 AM) DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then e 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. 1B. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20- FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. (NFL: 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 ureaforrtaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, .successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal: a.m. /p.m. this DATE 11 /f(r 2 n Maria Dioiacomo (Sean 1, the undersigned vendor, agree to the above Offer. u.nm,.n Pasquale DiGiacomo !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: THE CORPORATION OF THE CITY OF NIAGARA FALLS R.T. (TedI Salci, Mayor Isea1 „a.,, Dean Iorfida, City Clerk (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 day of 20 DATE DATE 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 JOE THE CITY OF NIAGARA FALLS DATE DATE memo, R.T. (Ted) Salci, Mayor warn.. Maria DIGiacomo ,b,ea., Dean Iorfida, Clerk Address for Service: The Corporation of the City of Niagara Falls, 9310 Ooeen Street P.O. Box 1023 Niagara Falls, ON L2E 615 Niaoara Falls, ON L2E 6X5 (905 1356 -7521 DATE DATE rnpw....) Pasquale Di Giacomo Address for Service: rslq.na Lunt Tel. No. (905 356 -7521 Tel. No. (905) Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address 9310 Oneen Street P.O. Box 1023 Address (905 )]71 -2892 (905) (9051 Tel.No. FAX No. Tel. No. FAX No. (Pi •uuc�_ 45.72 LOT LOT LOT WP •PPP) 45.72(22. P34� N) LOT LOT PLAN 133 134! 135 135 0 113r34'45'W 191 1 7.111 84m4- 0080(219 LOT 121 291 N PARTS GI z N °1 p OGR -�(In n �WI. Ml ln a�l a;,21^. 1' tn A U r 1T- 1 1--- b 0 Z 1 s ----A O ai y C"I 0 r. I 0 113752' N38'52 3 3 2.305 310775'W 45 .702 (12(5x) 45/1110 xunxpe Z N38'1 1 •0 P3uz LOT 122 6 4344- 0070(2' SCHEDULE "A" vm oz N36088 0 V( YU 2 o.,: a -4 pp PAN 3- PLAN 0 Nigww LOT O PLAN PART 2 SSR -1193 406 ➢9 8454A 0286(27) 119 41.072 P4 4 na1) P.LN. 54544- 0084(27) INST. NO. 7014966' 3 LOT 41.238 N3S0Y:5w 7 y i f o r 1 So 0 3 L$_ LOT 43.053 (P4 4 4414) l 435'06154 04 412944) S (n 6454- OL60( LOT LOT N388 54477 (14. W111 b 44.587 118 43.340 7444) 41 ,m ron (34'04'W 04 4AC) 44.87 117 116 115 RCN. 84344- 0068(LT) 43.537 naal 41(4 (P4) 38860P (94 11E1.1) 45064 LOT 114 P.LN. 64344- 0056(11 43,800 (P 412ra1 LOT .113 7.1411. 64344- 0067(LT) 291 PART 1 pr PAP 2/1) 45.404 A by -law to authorize the execution of an Agreement of Purchase and Sale with Giordano DeBiasi respecting the purchase of lands, being Parts 1 and 2 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated October 3, 2008 and made between Giordano DeBiasi and The Corporation of the City of Niagara Falls for the property described as Parts 1 and 2 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and 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 -Iaw. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -Iaw No. 2008 PURCHASER, Giordano DeBiasi agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Parts 1 s 2 on Reference Plan 592 -13580 and legally described as Part of Lane in front of 108 117 Plan 291, and Part of Lane in front of 127 146 Plan 291 in the City of Niagara Falls, Regional Municipality of Niagara(the "property"). PURCHASE PRICE: Six Hundred Seventy -Eight Dollars and Ten Cents Dollars(CDN$ $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CONS 68.00 (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 Co 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. It is understood and agreed that this Agreement of Purchase and Sale is subject Co the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(s) A attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A AGREEMENT OF PURCHASE AND SALE 3, RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price, N/A 4. IRREVOCABBILITY: This Offer shall be irrevocable by Vendor until 4:30 p.m. on the _I-e day of r 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 as soon as possible after the date of acceptance herein. 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 u,. e.,,.., Of not to Venda. FAX NO. (905( ,m. n.r...r an .a<,.., to vu..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. IE 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. B. TITLE SEARCH Purchaser shall be allowed, as soon as possible after the date of acceptance herein (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 (Tourist Commercial Parking and Deferred Tourist Commercial, in part 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; 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 corporated pursuant to the Loan Companies Oct (Canada), Chartered Dank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or e statutory declaration that Vendor is not then a non- resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent i5 not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: 'Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor_ There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by' the terms herein. DATED AT Niagara Falls this 3 day of LG SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS where my h ru 5e1 a.m. /p.m. this I, the Undersigned Vendor, agree to the above Offer. oe.vo Dean Iorfida, City Clerk meal! day of 20 Ted) Salci, Mayor !seal DATE w, gem..., Giordano OeBiasi s eu ISeall DATE 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 DATE DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes bath 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 io.,.e.,i R.T. (Ted) Salci, Mayor m,..,,...n Giordano DeBiasi City of Niagara Falls, 9310 Oueen Street, P.O. Box 1023. Niagara Falls ON L2E 6 %5 (905 )356 -7521 Te1.No DATE DATE DATE DATE rrurcnasen Address for Service'. The Corporation of the Address for Service' Tel. No. (905 1 356 -7521 Tel No. (905) Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address 9310 Queen Street, P.O. Box 1023 Address Niagara Falls, ON 121 665 (905 )371 -2892 (905) (905( FAX No. Tel No. FAX No. s °Z 0 1 w z m N z m z 2 O c m n Z Z O 0 A 0 Z N O ti LOT co LOT LOT 126 st pt N. 04944 -0078 r 2i O ti J LOT m r2.192 SCHEDULE "A" 124 125 3.048 O r O ti LOT LOT xrerong (Y) N38114/ 37. P1 iuusl LOT LOT O P 534 R.e 5.720 (34•%0 P.LN. 64344- 0101(L9) INST. NO. 747653 (Renolndx) 7 .200 IN t uui) j4 N 3W {��e STREET x944 OIIB (FORMERLY W INVE AHNVE 9r PLAN )31) 10' u.Ntie (NI 46.012 1 01 A by -law to authorize the execution of an Agreement of Purchase and Sale with Sergio DeProphetis, Victor Mancuso and Remo DeProphetis respecting the purchase of lands, being Parts 3 and 6 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF TIIE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated October 2, 2008 and made between Sergio DeProphetis, Victor Mancuso and Remo DeProphetis and The Corporation of the City of Niagara Falls for the property described as Parts 3 and 6 on Reference Plan 59R- 13580; in the City ofNiagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and 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 third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008, November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, Sergio DeProphetis, Victor Mancuso and Remo DeProphetis agrees to purchase from VENDOR The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Parts 3 and 6 on Reference Plan 59R -13580 and legally described as Part of Lane in front of 114 and Part of Lane in front of 121 Plan 291; in the City of Niagara Falls Regional Municipality of Niagara(the "property'). PURCHASE PRICE: Six Hundred Seventy -Eight Dollars and Ten Cents Dollars(CON$ $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CONS 68.00 (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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(S) A 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. 4. I•••.0 0AHILITY: This Offer shall be irrevocable by Vendor until 4:30 Y p.m. on the 2' day of rk g.fap' 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 as soon as possible after the date of acceptance herein. 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 ,e.a v o<,...sv..a r FAX N0. (905) ,r,. a.,. •w er .o<,.., ,o 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. B. TITLE SEARCH Purchaser shall be allowed, as soon as possible after the date of acceptance herein (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 (Tourist Commercial, Parking and Deferred Tourist Commercial, in part 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 lal 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; any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and Id) 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. I£ Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Onion or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaidehyde, 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, successo d assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls Phis day of 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS ereof I have to set my hand and seal: flad ire I, 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: THE CORPORATION OF THE CITY OF NIAGARA FALLS Eintnetn Remo gig peerophetis ophe R.T. (Ted) Salci, Mayor iseaf w.,,mn Dean Iorfida, City Clerk Nseati DATE DATE DATE CONFIRMATION OF EXECUTION. Notwithstanding anything contained herein to the contrary, 1 confirm thlSS Agreement with all changes both typed and written was finally executed by all parties at a.m. /p_m. this ACKNOWLEDGEMENT 1 acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to nay lawyer. THE CORP0RA1'I0N OF THE CITY OF NIAGARA FALLS (Ted) Salci, Mayor i,.,..- A- -S ergio Deprophetis n =aeon Dean Iorfida, Clerk Address for Service: The Corporation of the City of Niagara Falls 4310 Oueen Street P.O. Box 102] Niagara Falls ON L2E 6X5 TeL No. (905 ]56 -7521 Vendor's Lawyer Kenneth L. Beaman Address 4310 Oueen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 day of 20 DATE DATE (905 3356 -7521 (905 3371 -2692 Tel No. FAX No. Tel. No. (905) Remo DeProphetis Address for Service: DATE Purchaser's Lawyer /t X/ cco l/r rr Addr yZR 1 L bmAc '(,r -o.a4 N /A (a ur, ©N t( 6152 (905■ 757- boo (905) S CIO( Tel, No. FAX NO. PLAN (p 4 uui) 4532 W ryl utwi) 4572 08 4] 44rG8) —�4�. NS 8 340'34 LOT LOT LOT L OT LOT 45.72 (P4 N38'555000 N3534 W LOT r 0 1 1.535 c 0 ti c., Nag 135 4 0112 G 1 IL 6 136 1, 120 rr 64944 0068(5011 I�1 4 4 5 2 .71 1 646 4) Y '4 I li 54044- 0069(L'1) 121 45.)02 (4071 11]5 IN XN11Y(P11 ,4 N35'1�5 2 I 110 LOT 122 ra 44.844-0070(51) 291 VJ SCHEDULE "A" I 14 I O c. O s ov 0 `m O N PAR 4 N}014y;W ..4 44 54 4 -315408 x.44 411 M&111.461 PART 3 oa PLAN 2.3t hox) m.t ice. 839'42V b u pl X 133I I LJ LOT Z A r r• N30'07'15W r ill )2. 41.072 V44 4040) 9 rll N 2 I 34L� 2.395u -3„... LOT 718 4I 3Ja I p� u S �.��ii 4 3 -1 u3sl1]45^4 T. PI] 43.053 0 4360854 0' 4 •••1 LOT 1138'08W IP4 4 5408) 38'001 Iri vup N39015'40W 01 74 8 O PLAN 0 PART 2 59R -1193 1 LOT 40.879 P. n 4 6001 8 0085(Lt) 119 P.LN. 4 843-0044(51) I1101. N0. 7014966 44.59] 0.50. 0.4544 0090(401 43.340 11440) 4758 P.LH. 0494440069(LO 43.537 (4000) 031 (P4) 45.)61 P.LN. 6494 0063(51) LOT 173 P.574 64544_0067(51) 0 ti 291 44.87 716 43.600 (144 4540) 4x]1M8) A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Part 12 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 24, 2008 and made between Michael Anthony Piccirillo and Tina Rose Piccirillo and The Corporation of the City of Niagara Falls for the property described as Part 12 on Reference Plan 59R 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and 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 third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 PURCHASER, Michael Anthony Piccirllo and Tina Rose Piccirillo agrees to purchase from VENDOR The Corporation of the City of Niaoara Falls the following REAL PROPERTY: Address Part 12 on Reference Plan 59R -13580 and legally described as Part of Lane in front of 116 Plan 291; in the City of Niagara Falls, Regional Municipality of Niaoara(the "property PORCHASE PRICE: Six Hundred Seventy -Eight Dollacs and Ten Cents Dollazs(CDN$ $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars ICON$ 68.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be heid 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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(S) A attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A N/A AGREEMENT OF PURCHASE AND SALE 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. 4. IRREVOCABILITY: This Offer shall be irrevocable by Vendor until 4:30 p.m. on they day of 9ert,, °V 2oo8 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 as soon as possible after the date of acceptance herein. 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 N0. (905) 371 -2892 (Far a,n y r3 Vendor, FAX NO. (905 n,, delivery "rn Eft a..o n,.,,,,.,, 7. GST: If this transaction is subject to Goods and Services Tax (6.5.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, as soon as possible after the date of acceptance herein (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; (ill 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 (Tourist Commercial Parking and Deferred Tourist Commercial, in part 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- TLTLE: 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; any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (dl 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 i s unable or unwilling to remove, remedy or satisfy and which Purchaser will not naive, 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 ontrol 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 ompletion. 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 50122} of the Planning Act, R.5.0. 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. ADJUSTLIENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be Specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.D. 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 Vencor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This w ranty 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 cr 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. 21. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this 2 day of r Q Pre_lM 11 V 00© SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS w ve hereunto set my hand and seal 1, the Undersigned Vendor, agree to the above Offer. IHICnesal Ted) Salc a.m. /p.m. this day of 20 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 ayor )seal} m...ee.i Dean Io rfida, City Clerk )seal) DATE 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 ACKNOWLEDGEMENT 1 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 DATE DATE rv<.eea R.T. (Ted) 5alci, Mayor rv..c,,,.o Michael Anthony Psccirillo DATE DATE (Venda.; Dean Iorfitla, Clerk iv..m.iia Tina Rose Fischillo Address for Service'. The Corporation of the Address for Service: City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Tel. No. (905 356 -7521 Tel. No. (905) Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address 4310 Oueen Street P.O. Box 1023 Address Niagara Falls, ON L26 6X5 (905 )356 -7521 1905 1371 -2992 Te1.No. FAX No. (905) Tel No. 905) FAX No. LOT LOT 4532 LOT PLAN O 308-57'30' 7 acid 45.721/j-1_7 N 8 P.LN. 0 0t12(LT) 5�91 IGI 40w LOT 136 m N38'55'50'W LOT 45.72 (P P.LN. "4 X38'34'45 "W ELN. 04944- 0002(LT) LOT p 133 P.LN. 84544 0070(1 r O r I O Z O :Uv CN 0 (0 2 ti P RT UI N�Y i' a444 it n I re cut"' X 2.30] m 135 120 `0 3u 81724- 0088(LT) I II b 1. 121 N3 1.532 45.702 1 4Sn 041 0 47roV(P5 n N3815 2 LOT 122 N 1 t z SCHEDULE "A" 7 I�I r O 1 PLAN —PART PART O8 PLAN 59175 4.0]9_ (o„ vv ttrnS) N3W43' r N3E 07'25w P111. 84544- 0006(LT) LOT 119 LOT boo W 0 83806'8 (1.t UPS) 41.072 In /tat) P.LH. 64544- 00844LT) IN51. N0. 7014966 30s 5 118 P LOT 41,238 N3601 4 OT LIME 43.05,3 p4 114'A PLR. 54544-016 LOT 116 4 3,340 Pus.) wu 6 LOT 115 P.LN. 84844- 0080(LT) 43.537 pail 43 pp 3606 (v4 48)4) 45.084 1,13815'40'4 (P3 ml. 6 w0 814 LOT 114 P.L R. 84944- 0050(LT) LOT P.LN. 84844- 0087(L1) 44.557 43.800 155 41 .7334(1O 113 291 A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Parts 4 and 7 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 24, 2008 and made between Michael Anthony Piccirillo and Tina Rose Piccirillo and The Corporation of the City of Niagara Falls for the property described as Parts 4 and 7 on Reference Plan 59R-1 3580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER, Michael Anthony 01001 1lo and Tina Rose Piccirillo agrees to purchase from VENDOR The Corporation of the City of Niagara Falls following REAL PROPERTY: Address Parts 4 and 7 on Reference Plan 59R -13580 and legally described as Part of Lane In front of 115 Plan 291. Part of Lane in front of 120 Plan Plan 291- in the City of Niagara Falls, Regional Municipality of Niagara(rhe "property PURCHASE PRICE: Six Hundred Seventy -Eight Dollars and Ten Cents Dollars(CDN$ 7678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CDN1 68 -00 (Ne re wi th /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. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULEIS) A attached hereto forms (s) part of this Agreement. 1, CHATTELS INCLUOED: 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 fer shall be irrevocable by Vendor until 4:30 p.m. an the ]2'"'bday of /YoOf 2008 after which time, if not ac cepted, this shall be null Offer and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed as soon as possible after the date of acceptance herein. 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 he deemed given and received, when hand delivered to the address for service provided herein or, where e facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905) 371 -2892 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 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, as soon as possible after the date of acceptance herein (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 (Tourist Commercial, Parking and Deferred Tourist Commercial, in part 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; O 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 he 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 e 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 ti'.e 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, P.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then e 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 Dank, 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.5.0. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. OFFI: 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 ureaformaldehyd=_. 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. 21. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this 94 day of l p.Pi rig p f 8 e SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS w hereunto set my hand and seal I, 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 1 have hereunto set my hand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS 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 v.,..n...., Michael Picci Tina Rose Piccirillo ,...ae„ R.T. (Ted) Sa1ci, Mayor Iseall Dean Iorfida, City Clerk (seal) day of 20 DATE 074 y l0 ,t DATE DATE 0,12 Jo-g 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 Nla.ara Falls 00 L2E 61(5 (905 )356 -7521 Te1.NO. DATE or DATE DATE rv..ma Dean Iorfida, Clerk in.ds<n Tina Rose Picciril Address for Service: The Corporation cf the Address for Service: City of Niagara Falls 4310 Oueen Street P.D. Bon 1023, Niagara Falls ON 620 6X5 Tel. No. (905 356 -7521 Tel. No. (905) Vendor's Lawyer Kenneth L. Beaman Purchaser': Lawyer Address 4310 Oueen Street P.O. Box 1023 Address (905 )371 -2892 (905) FAX N0. Tel. No. DATE ....o,.., Michael Anthony Piccirillo (905) FAX No WTN •2 1 45.7201_ C4,___ 4 V N3652" 1 _30 (r .534 0112(L1) 69 LOT 136 q l (PI t vu�_ LOT LO LOT N38'55'50'W LOT 45.72 ON 0736 16 1rn .111 (643) N3S34'45 "W ,540.21 45.702 (Mat( LOT 121 LOT P.I.H. PLAN 45. d 133 I r r a 0 z `I 3 O 3 ov GI 291 l 2 f r c:, PAR-9 ,(43 +1 X3449'0 ueu- vl* amxn nu® N39" 135 O J51. 535 120 g u (14844- aoee(Lr) i- 64344- 0060(L1) A 2.307 1.528 Nan'ba11 N3&1 (x9 '0 z (9 uil 122 64 344- 00'70(LT) SCHEDULE "A" o PART 3 f I IPp� P 5 119 PLAN'u 40.8] X3440'2 (n, n 443 UpP La ou1 2.305 0 2.(N LOT N30 0 PLAN io e40.4<- ooee(LT) 119 41.072 V' 99551 2, 18. 64544- 00641Lr) INST. N0, 701486 05,5 '-LeT 118 41.238 t N340t25W 222 b t0( 0 3 3Y f 620. cure 43.053 M 44041 38 (94.040) 1.13&06'W 194 6531 LOT 43 1 5'400 196 4 %9 P.LN. 64044-0190<d) LOT 44.87 P, TN. 84344- 0050(LT) 43.53) (LSSI 411 1941 38 (94 9531 45.064 LOT 114 P.1r. 94344- 0068(Lr) 007.38(9 LOT 113 64544- 0067(23) 117 116 115 43.800 04 4'40700) 0 291 PART I (et %121 191) 45,404 m n A by -law to authorize the execution of an Agreement of Purchase and Sale with 1720679 Ontario Limited. respecting the purchase of lands being Part 8 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated September 25, 2008 and made between1720679 Ontario Limited and The Corporation of the City of Niagara Falls for the property described as Part 8 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 AGREEMENT OF PURCHASE AND SALE PURCHASER 1720679 Ontario Limited agrees to purchase from VENDOR The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Part 8 on Reference Plan 59R -13580 and legally described as Part of Lane in front of 136 Plan 1002; in the City of Niagara Falls, Regional Municipality of Niagare(the "property PURCHASE PRICE: Six Hundred Seventy-Eight Dollars and Ten Cents Dollers)CONS $678.10 DEPOSIT: Purchaser submits Sixty Eight Dollars (CDN$ 68.00 (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 o n closing, subject to the usual adjustments. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(5) A 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 Vendor until 4:30 p.m. on the 22n day of October 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 as soon as possible after the date of acceptance herein. 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 N0. (905) 371 -2892 ,r,. am FAX N0. (905) (for del Ivory of nonce, co Afrchayeeffi 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition o o the Purchase Price. If this transaction is not subject to /Included in/tn addition 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, as soon as possible after the date of acceptance herein (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 (Tourist Commercial Parking and Deferred Tourist Commercial, in part b 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; O 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 0 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, oc 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 incorporatecl pursuant co 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 e Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may he specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company. Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAN ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the ritten cr 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 Chan 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. I DATED AT Niagara Falls this z day of 4-- 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: 1620679 ONTARIO LIMti TED 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: THE CORPORATION OF THE CITY OF NIAGARA FALLS CONFIRMATION OF E2ECUTION: 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 ,r.e R.T. {Ted) Sold, Mayor (seam ,,non, Dean Iorfida, City Clerk (seats day of 20 cseali DATE/-11453 DATE DATE DATE ACKNOWLEDGEMENT I acknowledge receipt Of my signed copy of thas accepted Agreement of Purchase and sale and direr chat a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS 1720679 ONTARIO LIMITdD (Ted) Salci, Mayor (0.mow Dean Iorfida, Clerk GATE Tile: DATE DATE Ti111e: Address for Service' The Coroora Cron of the Address for Servic City of Nianara Falls, 4310 Oueen Street, P.O. Box 1023 Niagara Falls ON L2E 6X5 Tel. No. 1905 356 -7521 Tel, No. 1905) Vendor's Lawyer Kenneth L. Beaman Purchaser's Lawyer Address 4310 Oueen Street P.O. Box 1023 Address Niagara Falls, ON L2E 615 (905 9356 -7521 (905 )371 -2992 Te1.Na. (905) FAX No. Tel No. DATE C}(j"f ZO/('JB (905) FAX No. 40 W (P1 YES__ LOT LOT LOT LOT LOT PLAN N3855'50w n 45.71 t I P1 4,447.1 72 7 2.307 T N r Z 133 Z O XM WM 04.0.1 45.71 K. 0 .�Q_ 4118•51 3 37 N 45.72 4P4 i •2 r.9r ma y IZI 6. ou2(LT) qp I I 136;, 49 71 {4rA81 1135'34'45'4 1.111. 643H- 0062(91) LOT 45,702 014 4572 P4( LOT P.LN. 414 O R:m c 291 N F ia 3x� 1344 N3 135 121 120 Y u 54.944 0059(91) 91 1 a I ;9,- 4 (53 a N3415'40 1 1 z A 122 N 64,qµ 0070 d 2 SCHEDULE "A" PART 3 06 PLAN 619454 305 LOT r- X3807'2511 124. I 41.072 (P' wa P.I.N. 54544- 006 (657. 110. 701496 ]05 `LOT 118 4 Q--? 47.230 -�o NJ807'254�� --1 79911F (a r 3 409 r N3 0 424 72 .401 s 4r LOT 0(4 4o LOT P 438(6'W (14 4 5141) r 0 PLAN PART 2 59R -1193 81.. 0.LIL 61941- 0066(1T) 119 43.053( 435'064 0 1 w 4 I 54$44- 0190(91) 43. (PDS) 4.453 (w) 117 44.97 43.537 (sac) 4131 (04) 36'0631044 44411 45.054 r- 116 LOT 115 P.LN. 54944- 0069(LT) LOT 114 54544 0065(17) 43415'4(44(.%9 43,800 (in LOT 113 0.LH, 54544-0057(9T) 291 A by -law to establish part of Reserve Block 105 Plan 59M -316 designated as Part 1 on Reference Plan 59R -13809 as a public highway, to be known as and to form part of Kalar 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 OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part of Reserve Block 105, Plan 59M -316 designated as Part 1 on Reference Plan 59R- 13809, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said part of Reserve Block 105 on Plan 59M -316 designated as Part 1 on Reference Plan 59R -13809 that is hereby established as a public highway, be known as and form part of Kalar Road. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize an Application General to amend the register to release a Site Plan Agreement registered as Instrument Number R0420825. WHEREAS the Agreement registered in 1983 as Instrument Number R0420825 is no longer required; 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: 1. The an Application General to amend the register to release the Agreement registered as Instrument Number R0420825, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to declare the following properties surplus: Ethel Street Plan 89 Stamford; Alem Street Plan 118 Stamford; Block A Plan 118 Stamford; Kenneth Avenue Plan 139 Stamford; Tad Street Plan 89 Stamford; Pew Street Plan 96 Stamford; Part Township Lot 141 Stamford as in BL107 being Pew Street; Jones Street Plan 100 Stamford; Glenholme Avenue Plan 44 Stamford lying north of Bellevue Street; Part Graham Street Plan 94 Stamford being Parts 2, 3 and 11 on 59R- 10309; Lot 39 Plan 318 Town of Niagara Falls; Lot 40 Plan 318 Town of Niagara Falls; Lot 41 Plan 318 Town of Niagara Falls; Lot 77 Plan 318 Town of Niagara Falls; Lot 174 Plan 308 Niagara Falls; Lot 175 Plan 308 Niagara Falls; Lot 286 Plan 308 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara. WHEREAS subsection 268(3)(a) of the MunicipalAct, 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: Ethel Street Plan 89 Stamford; Alem Street Plan 118 Stamford; Block A Plan 118 Stamford; Kenneth Avenue Plan 139 Stamford; Tad Street Plan 89 Stamford; Pew Street Plan 96 Stamford; Part Township Lot 141 Stamford as in BL107 being Pew Street; Jones Street Plan 100 Stamford; Glenholme Avenue Plan 44 Stamford lying north of Bellevue Street; Part Graham Street Plan 94 Stamford being Parts 2, 3 and 11 on 59R- 10309; Lot 39 Plan 318 Town of Niagara Falls; Lot 40 Plan 318 Town of Niagara Falls; Lot 41 Plan 318 Town of Niagara Falls; Lot 77 Plan 318 Town of Niagara Falls; Lot 174 Plan 308 Niagara Falls; Lot 175 Plan 308 Niagara Falls; Lot 286 Plan 308 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara, are hereby declared surplus. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 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 OFTHE CORPORATION OFTHE 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 third day of November, 2008, DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008. November 3, 2008. November 3, 2008. CITY OF NIAGARA FALLS By -law No. 2008 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 Cavaliere 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 John McPherson Kerri Michaud Kathy Moldenhauer Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Amanda St Laurent Matt Vandervelde SCHEDULE "C" Jana Vermeulen Sue Wheeler Brenda Wylie CITY OF NIAGARA FALLS By -law No. 2008 A by -law to require pre consultation on certain Planning Act applications in the City of Niagara Falls. WHEREAS Sections 22(3.1), 34(10.01), 41(3.1) and 51(16.1) of the Planning Act, R.S.O. 1990, Part 3, as amended, allow municipalities to pass by -laws to require applicants to consult with the municipality prior to the submission of an application made under the Act for an amendment to the Official Plan or Zoning By -law, plans of subdivision, site plan control or consent; and WHEREAS the Official Plan allows for such consultation meetings as a provision of or the submission of a complete application; and WHEREAS the Council of the City of Niagara Falls wishes to require consultation with the City prior to the submission of certain applications made under the Planning Act; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That persons intending to make application to the City of Niagara Falls for an amendment to the Official Plan or Zoning By -law, draft plan of subdivision, site plan control or consent, be required to consult with City Staff prior to the submission of the application. 2. That the purpose of such consultation meetings will be to review a draft development proposal for the lands affected by the proposed applications and to identify the scope of additional supporting information or material required by the City of Niagara Falls and /or other affected agencies to allow full consideration of the development application. 3. That in the absence of consultation prior to the submission of an application and the submission of all required supporting information or material, the City of Niagara Falls may deem an application as incomplete under the provisions of the Planning Act. 4. The Director of Planning or his designate shall have the discretion to waive the requirement for a formal consultation meeting when, in his/her opinion, it has been deemed to be unnecessary for a complete review of the application. 5. Where a consultation meeting is deemed to be necessary, a consultation checklist or agreement shall be completed and signed by all parties present. 6. That By -law No. 2008 -164 be repealed, Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008 November 3, 2008 November 3, 2008 S:\OFFICIAL.PLMAMEND \#76 (Bill 51 )1BY- LAW_PRECONSULTATION#2.wpd CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law Nos. 79 -200 and 99 -104 and repeal By -law No. 2007 -196, to permit the construction of a 30 storey hotel and a 6 storey hotel in addition to the existing 10 storey hotel on the land at the intersection of Ferry Street and Victoria Avenue, through Clark Avenue and to reinstate Tourist Commercial zone standards for lot coverage and building height on the land. WHEREAS the City's Official Plan contains policies to ensure the creation of a high quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sections 19.1.477 and 19.1.478 of By -law No. 79 -200 are deleted and By -law No. 2007 -196 is repealed. 2. By -law No. 99 -104 is amended as follows: (a) by deleting Schedule 1 and replacing it with Schedule 1 and Schedule 2 attached; -2- (b) by deleting section 1 and replacing it with the following: "1. Sheet D4 of Schedule "A" to By -law No. 79 -200, is amended as follows: (a) by numbering 477, the land located on the southeast side of Victoria Avenue, described in Appendix "A" attached to and forming part of this by -law, and shown hatched and designated TC and numbered 477 on the plan Schedule 1, attached to and forming part of this by -law. (b) by numbering 478, the land located on the southeast side of Victoria Avenue, through to Clark Avenue, described in Appendix "A" attached to and forming part of this by -law, and shown hatched and designated TC and numbered 478 on plan Schedule 1, attached to and forming part of this by -law." (c) by deleting sections 3 and 4 and replacing them with the following: "3. None of the provisions of section 2.28 of By -law No. 79 -200 shall apply to prevent the use of the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule 1 attached hereto, or the erection or use of any buildings or structures thereon, for the purpose of a hotel which does not provide a public dining room or a public meeting room. 4. None of the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200 shall apply to require parking spaces to be provided for any public dining room or public meeting room within a hotel on the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule 1 attached hereto. 5. None of the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200 shall apply to require all of the required parking spaces for all of the permitted uses and buildings and structures on the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule 1 attached hereto, to be provided and maintained on the same land, except in compliance with the following regulation: (a) Parking those parking spaces which cannot be provided on the land described in clause (b) of section 1 of this by -law shall be provided on the land on the south side of Dunn Street designated P and numbered 635 in accordance with By -law No. 2003 -164 6. Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule 1 attached hereto, shall be considered one lot, 7. Notwithstanding the provisions of clauses (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule 1 attached hereto, or erect or use any buildings or structures thereon, except in compliance with following regulations: (a) Location of the various components of the and forming part of this by -law buildings or structures on the land, their maximum height, subject to section 4.7 of By -law No. 79 -200, and maximum number of storeys and minimum yards prior to any dedication for the purpose of road widening (b) Roof feature (0) -3- Minimum landscaped open space and fencing along Clark Avenue, save and except for any driveway, after any dedication for the purpose of road widening refer to plan Schedule 2, attached to a hotel with a height greater than 6 storeys shall have a roof feature which has a height of not less than 5 metres above the top storey and a hotel with a height of 6 storeys or less shall have a roof feature which has a height of not less than 6 metres above the top storey. The roof features shall be distinct architectural elements of the buildings and shall not contain places of occupancy 1 metre wide landscaped open space strip and 1 metre high decorative fence Parking and access in accordance with section 4.19.1 of requirements By -law No. 79 -200 as modified by sections 3, 4 and 5 of this by -law The required parking spaces for the uses and buildings described in section 2 of this by -law shall be provided on the land described in clause (b) of section 1 of this by -law, shown hatched and designated TC and numbered 478 on the plan Schedule 1, attached hereto -4- (f) Notwithstanding the provision of clause (t) of section 8.6.1 of By- law No. 79 -200, no person shall use the land described in clause (b) of section 1 of this by -law and shown hatched and designated TC and numbered 478 on the plan Schedule I attached hereto, for the purpose of a pay for use parking lot (g) All other provisions of Zoning By -law No. 79 -200 shall continue to apply 8. The owner of the lands described in clause (b) of section 1 of this by -law is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 9 of this by -law and such agreements are to be registered on title. 9. The height of the buildings or structures over 4 storeys permitted by section 7 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of the lands described in clause (b) of section 1 of this by -law, providing the following facilities, services or matters to the City, namely: (a) streetscape improvements to the street frontages along Victoria Avenue, Clark Avenue and the former CP Rail corridor, which is to be developed as the Grand Boulevard in accordance with the Official Plan, adjoining the subject lands described in clause (b) of section 1 of this by -law, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2% parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan and City's Urban Design Guidelines; and (b) the building designs approved by Council on September 10, 2007 and November 3, 2008. 10. For the purpose of this by -law: (a) "pay for use parking lot" means an area used for the temporary parking or storing of vehicles for profit or gain other than for hotel guests and for any parking required in accordance with section 2 of this by -law; and (b) "roof feature" means a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy or be used for commercial purposes, other than for the purpose of enhancing the design of the hotel building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By -law No. 79 -200, and except for any flagpoles or other similar decorative roof features and radio, telephone, television or telecommunications towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature. -5- 11. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.477 None of the provisions of clause (a) of section 4.19.1 and clauses (c), (f) and (i) of section 8.6.2 of By -law No.79 -200 shall apply to prevent the use of the land on the southeast side of Victoria Avenue designated TC and numbered 477 on Sheet D4 of Schedule "A or the erection or use of buildings located thereon, for tourist commercial purposes, or to require the provision of a parking area on the same land containing all the required parking spaces, except in compliance with By -law No. 99 -104. 19.1.478 (a) None of the provisions of section 2.28 of By -law No, 79 -200 shall apply to prevent the use of the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A or the erection or use of any buildings or structures thereon, for the purpose of a hotel which does not provide a public dining room or a public meeting room, By -law No. 99- 104, as amended by By -law No. 2008 None of the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200 shall apply to require parking spaces to be provided for any public dining room or public meeting room within a hotel on the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A By -law No. 99 -104, as amended by By -law No. 2008- (c) None of the provisions of clause (a) of section 4.19.1 of By -law No. 79- 200shall apply to require all of the required parking spaces for all of the permitted uses and buildings and structures on the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" to be provided and maintained on the same land, except in compliance with By -law No. 99 -104, as amended by By -law No. 2008 (d) Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A shall be considered one lot. (b) First Reading: Second Reading: Third Reading: Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR AB:mb S :Z ON IN G'AM S \2008 \B y -I aws\ B yam 03 I wp d (e) November 3, 2008 November 3, 2008 November 3, 2008 -6- Notwithstanding the provisions of clauses (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79- 200, no person shall use the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A or erect or use any buildings or structures thereon, except in compliance with By -law No. 99 -104, as amended by By -law No. 2008 (f) Notwithstanding the provision of clause (t) of section 8.6.1 of By -law No. 79 -200, no person shall use the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" for the purpose of a pay for use parking lot. By -law No. 99 -104, as amended by By -law No. 2008- TC -477: TC -478: -7- APPENDIX "A" Pt Twp Lt 129 Stamford, Pts 4 5 59R- 13055; S/T Ease Over Pt 4 59R13055 As In RO697027; S/T Ease Over Pts 4 5 59R13055 For Benefit Of Pts I, 2 3 59R13055 As In SNl 18476; T/W Over Pts 1, 2 3 59R13055 As In SN118481; T/W Ease Over Pts 6 7 59R13055 As In BB29040; Niagara Falls Pt Twp Lt 129 Stamford, Pts 1, 2 3 59R 13055; S/T Ease Over Pt 2 59R13055 As In RO697027; S/T Ease Over Pts 1, 2 3 59R13055 For Benefit Of Pts 4 5 59R13055 As In SN118481; T/W Over Pts 4 5 59R13055 As In SN118476; T/W Ease Over Pts 6 7 59R13055 As In BB29040; Niagara Falls Pt Blk 26 P11, Pt Range 24 P1 1 Stamford, Pts 1, 2, 5 8 59R13567; T/W BB29040 RO590828; T/W Easement Over Pts 4, 6, 7 59R13567 As In SN195311; S/T Easement Over Pt 5 59R13567 As In RO697027; S/T Easement Over Pts 1, 5 8 59R13567 In Favour Of Pts 3, 4, 6 7 59R13567 As In SN195311; Niagara Falls Pt Blks 25 26 Plan 1; Pt Of Lt 6 P1653; Pt Twp Lt 129 Stamford, Pts 3, 4, 6 7 59R13567; T/W BB29040 RO590828; T/W Easement Over Pts 1, 5 8 59R13567 As In SN195311; S/T Easement Over Pt 7 59R13567 As In RO697027; S/T Easement Over 4, 6 7 59R13567 In Favour Of Pts 1, 2, 5 8 59R13567 As In SN195311; Niagara Falls SCHEDULE 1 TO BY -LAW No. 99 -104 Subject Land Legal Description: See Appendix "A" Applicant: Niagara 21st Group Inc. Assessment #s: 272503000807005 272503000807025 272503000807050 Amending Zoning By -law No. 79 -200 I:NTS AM- 2008 -031 K:\GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 31 \mapping.map October 2008 SCHEDULE 2 TO BY -LAW No. 99 -104 K: \GIS_ Requests -31 \mapping. map Amending Zoning By -law No. 79 -200 Location Podium Tower and Roof F 111111 Tower and Roof F eature Tower and Roof Fe Max. of Storeys Max. Height 4 12m eature 6 26m 10 36m ature 30 97m Legal Description: See Appendix "A" Applicant: Niagara 21st Group Inc. Assessment #s: 272503000807025 272503000807050 I:NTS AM- 2008 -031 October 2008 A by -law to authorize the payment of $21,531,071.22 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 September 18, 2008 to October 15, 2008. Passed this third day of November 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008 November 3, 2008 November 3, 2008 CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with the Petrakis Family of the Golden Steer Restaurant respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated November 3, 2008 and made between Peter Petrakis, representing the Golden Steer Restaurant, as Volunteers and the Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along McGrail Avenue from Centre Street to Walnut Street, as attached hereto, is hereby approved and authorized, 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this third day of November 3, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008 November 3, 2008 November 3, 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3` day of November, 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 3r day of November, 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. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this third day of November, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 3, 2008 November 3, 2008 November 3, 2008 CITY OF NIAGARA FALLS By -law No. 2008