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2008/12/01COUNCIL MEETING Monday, December 1, 2008 Order of Business and Agenda Package NiagarailON COUNCIL MEETING December 1, 2008 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of November 10 and 17 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. Background Material: Recommendation Report: PD- 2008 -110 -AND- DEPUTATIONS Niagara Falls Lions Park Redevelopment Project Jana Katz, owner of Niagara Falls McDonalds on behalf of Ronald McDonald Charities will presenting a cheque to the Niagara Falls Lions for the parks redevelopment project. PLANNING MATTERS Public Meeting AM- 2008 -029, Official Plan and Zoning By -law Amendment Application 6320 Pine Grove Avenue Applicant: Gordon Ogilvie Proposed 3 to 4 Storey, 18 Unit Apartment Building NOTE: Due to unresolved ownership issues surrounding the property, staff are recommending deferral. 2 Correspondence from the Niagara Region Correspondence from Sheryl Pett Kenneth Kinzel Correspondence from Ralph Kerry Barbieri Public Meeting AM- 2008 -004, Zoning By -law Amendment Application 2096, 2108 and 2122 Catharine Crescent Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works related to Erosion Control and Slope Stability Background Material: Recommendation Report: PD- 2008 -108 -AND- Correspondence from the Niagara Region MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Mayor's Youth Advisory Committee Request 25 cent Student Bus Rides during the school year, Christmas Break December 20 January 4) and March Break March 14 -22). RECOMMENDATION: For the Consideration of Council 2. Bullying Canada.Ca and Blue Day Requesting that December 17, 2008 be declared as 'Blue Day" in the City of Niagara Falls. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -3- REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF IN CAMERA COMMITTEE ACTIONS CONSENT AGENDA THE CONSENT AGENDA 1S A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2008 -13 2009 Council Schedule F- 2008 -45 Major Receivables Quarterly Report F- 2008 -47 Municipal Accounts L- 2008 -42 Release of Restrictive Covenants, 6085 Wildrose Crescent, Our File No. 2008 -251 PD- 2008 -112 PLC 2008 -02, Request for Removal of Part Lot Control Block 43, Registered Plan 59M -251, 6387 -6399 Pinestone Road (Neighbourhoods of St. David's), Owner: Walker Community Development Corporations TS- 2008 -57 Parking and Traffic By -law 89 -2000 Various updates to Schedules TS- 2008 -58 Dunn Street Parking Review -4- RESOLUTIONS 1. Chief Administrative Officer PD- 2008 -109 Request for Funding Under the Niagara Region's Pilot Public Domain Incentives Program for Historic Drummondville. -AND- -AND- THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for funding under the Public Domain Incentives Program for the Streetscape Improvements for Historic Drummondville. Chief Administrative Officer TS- 2008 -66 QEW Mountain Road to Highway 420 Environmental Assessment THEREFORE BE IT RESOLVED that the Ministry of Transportation be respectfully requested to extend the study area for the Environmental Assessment widening the QEW to a point south of McLeod Road; and FURTHER BE IT RESOLVED that the Regional Municipality of Niagara be respectfully requested to support this resolution or forward a similar resolution of their own to the Ministry of Transportation. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -202 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 -203 A by -law to authorize an Application General to amend the register to release an Agreement registered as Instrument Number LT16581Z. 2008 -204 A by -law to establish part Township Lot 150 Stamford as a public highway, to be known as and to form part of Kalar Road. 2008 -205 A by -law to require owners of residential dwelling units, hotels, and boarding, lodging or rooming houses to install and maintain carbon monoxide warning 5 2008 -206 A by -law to amend By -law No. 79 -200, to permit the erection of a building or structure on the Lands for the purpose of a use permitted by the R1 E zone, a site specific R2 zone and a site specific R1E zone. (AM- 2008 -008) 2008 -207 A by -law to amend By -law No. 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant, and theatre or cinema. (AM- 2008 -025) 2008 -208 A by -law to amend By -law No. 79 -200, to permit the erection of a building or structure on the land for the purpose of a use permitted by the R2 zone. (AM- 2008 -026) 2008 -209 A by -law to designate Block 43, Registered Plan 59M -251, not be subject to part-lot control. 2008 -210 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. Designated Lanes) 2008 -211 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited, Through Highways) 2008 -212 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. 2008 -213 A by -law to authorize the execution of an Agreement with the Historic Niagara Development Inc. respecting the construction, installation and maintenance of a portable outdoor ice rink to be located at City Hall, for use by the general public. 2008 -214 A by -law to authorize the payment of $25,064,968.09 for General Purposes. 2008 -215 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 1s day of December 2008. NEW BUSINESS 1 (11/18/2008) Dean lorfida deputation December 1 2008 From: Kathy Moldenhauer To: Dean Iorfida Date: 11/17/2008 4:16 PM Subject: deputation December 1, 2008 CC: Denyse Morrissey hi Dean The Niagara Falls Lions and Jana Katz, owner of Niagara Falls McDonalds on behalf of Ronald McDonald House Charities requests a deputation on Monday, December 1 at City Council. Jana will be presenting a cheque to the Niagara Falls Lions for the Niagara Falls Lions park redevelopment project. The grant money will be applied towards the new accessible playground. Kathy Moldenhauer Page 1' December 1, 2008 PD- 2008 -110 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJalls CANADA Re: PD- 2008 -110 AM- 2008 -029, Official Plan and Zoning By -law Amendment Application 6320 Pine Grove Avenue Applicant: Gordon Ogilvie Proposed 3 to 4 Storey, 18 Unit Apartment Building That Council defer the application to amend the Official Plan and to change the zoning of the land to a site specific Residential Apartment 5C Density (R5C) zone to permit an 18 unit apartment building on the land, until the ownership and heritage matters outlined in this report have been addressed. The applicant has requested amendments to the Official Plan and Zoning By -law No. 79- 200 for the land known as 6320 Pine Grove Avenue, as shown on Schedule 1. The application is to amend the Official Plan to add a Special Policy Area designation to the residential designation of the property to permit an apartment building with a greater density than currently allowed. The application also requests the zoning to be changed from Residential Single Family 1E Density (R1E R1E -621) to a Residential Apartment 5C Density (R5C) zone with site specific provisions to address rear yard setback, lot coverage and balcony and porch encroachments. In addition it is requested the land, which consists of 4 separate lots of a Registered Plan of Subdivision, be treated as one lot for zoning purposes. The Applicant is proposing an 18 unit apartment building on the property, which has a density of 100 units per hectare (40 units per acre). The 3 storey building has a height of 12.8 metres (42 feet) including a pitched roof of 3.8 metres (12.5 feet) in height. Schedules 2 and 3 show details of the proposal. PO Box 1023 Niaga aFalls'ON;Canada.L2E6X5 905'356 -7521 wwwniagarafalls:ca: Working Together to Serve Our Community Community Services Department Planning Development December 1, 2008 2 PD- 2008 -110 Planning Analysis The subject property, consists of a single detached dwelling on 4 lots, represents an underutilization of land. The current zoning allows the house to be used as a bed and breakfast. The Official Plan has policies which allow consideration of lands on collector roads for an apartment building up to 4 storeys in height and a density up to 75 units per hectare (30 units per acre) where located in close proximity to neighbourhood commercial, schools and parks. Under these policies a building with up to 14 units could be considered on the land. However, the applicant wishes to develop 18 units. A full assessment of the merits of such a proposal would require a full review having regard to compatibility and sensitivity in terms of density, height, gradation, building mass, setbacks and appearance and site design. However, issues revolving around the ownership and heritage aspects of the property have arisen which should be resolved prior to Council considering the application. The following is a discussion of these issues. 1. Ownership of the Property Staff have recently been informed that there are title disputes affecting the property. The current registered owners of the property have entered into an Agreement of Purchase and Sale, dated October 8, 2008 to transfer ownership of the lands to 1650703 Ontario Limited. The closing date of the sale is December 30, 2008. One of the mortgagees of the property, Home Trust Company, has declared the mortgage in default, taken control of the property, and placed the property under Power of Sale. Although the applicant is the registered owner, it is not clear to Staff who has ultimate control of the property. If the property is sold under Power of Sale and the transaction is completed, another party may own the property. It is recommended the matter be deferred until these issues are resolved. 2. Deferral of the application should also be considered to allow the Municipal Heritage Committee to consider the heritage significance of the property. Letters have been received regarding possible heritage significance of the property. As of the writing of this report, the Municipal Heritage Committee (MHC) is scheduled to consider, on November 26, 2008, a request to conduct further research into the heritage attributes of the subject property. The MHC may recommend the property be listed in the City's inventory of heritage properties. Where a property is listed in the City's register, the owner cannot demolish or remove the building, unless he has given the Council notice of his intention to do so 60 days in advance. Council should consider deferring the application until the MHC has made a recommendation to Council as to whether to list the property and may then allow sufficient time to conduct the necessary research into the property regarding heritage value. December 1, 2008 CONCLUSION: Council's consideration of the application should be deferred until the ownership and heritage matters have been addressed before a full assessment of the merits of the amendments to accommodate the proposed development is done. Recommended by: Approved by: A.Bryce:mb Attach. S:1PDR120081PD- 2008 -110, AM- 2008 -029. 6320 Pine Grove Ave, Ogilvie.wpd 3 PD- 2008 -110 Alex Herlovitch, Director of Planning Development Ed Dujlovic, Extive Director of Community Services Subject Land ra Location: 6320 Pine Grove Avenue Applicant: Gordon Ogilvie Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM- 2008 -029 October 2008 MIENINIE 4 1121KANIIM f in tly f f jill Mil rl ...hr.. w, a, AfaiZi 1, ai Eideta.gi... aq VA /4 0 Ki 4 ird 0 a a g 2 n n n h a n iii 3 0 M h i& 0 3 0 a 0 AR FA h F1 4.4- own WEN N Et 0 mamma ,,N 11 NW II S n ITO n 4 II n °W C.& go s? ,4 0 n 4 4 4 d o 1 rela a••• 0 0 0 r tofcsaffnsfzfonsi MtcOIY :friezzofsfor,s0s0 42,.... .52 Yr 1 :Ii:•• MURRAY STREET �1W �I I... L. .L/I 1.Lf I• EII w 8 8 B e V' I LL Schedule 3 TP Niagara f Region October 27, 2008 Files: D.10.04.643530147 D. 18.04.643530147 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V4T7 Tel: 905- 685 -4225 Tol l- free:1- 800 -263 -7215 Fax: 905- 687 -8056 www. n i aga raregion.ca Re: Regional and Provincial Review Comments Official Plan Amendment Zoning Bylaw Amendment (AM- 2008 -029) 6320 Pinegrove Avenue City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Official Plan and Zoning By -law Amendment applications. The purpose of the amendments is to add a Special Policy Area to the Residential designation of the property and to rezone the subject property from the Residential Single Family 1E Density zone (R1E and R1E -621) to the Residential Apartment 5D Density (R5D) zone. The amendments will permit a 3 storey, 18 unit, apartment dwelling to be constructed on the property. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development. General Planning Comments The subject property is within the Urban Area Boundary for the City of St. Catharines according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban built area where appropriate levels of services and infrastructure exist. Municipalities are encourage to develop complete communities with a diverse mix of land uses, a range and mix of employment and housing types, easy access to local stores and services, and transportation choice. The proposed development of the property represents intensification within the urban area where existing infrastructure and services are available. The property will be developed at a higher density that will make for a more efficient use of existing urban serviced and and infrastructure. The development of apartment dwelling units should RECEIVED a Building Community. Building Lives. -ago Planning y.. Scaatlirtg mad File: -S7,�r OCT 2 9 2308 o f PLANNING D. fCVCI llOLACNT 2 further enhance housing choice for residents with a variety of lifestyles and/or income groups. The property is located within a reasonable distance of a number of commercial facilities. Future residents will have better access to nearby services and amenities. Transit services are available in the area, within walking distance, which further enhances transportation choice and improves accessibility. Given all of this, the proposal represents an opportunity for intensification that makes efficient use of land and infrastructure, and improves housing and transportation choice, as supported by Provincial and Regional policies. Regional Public Works Comments related to Regional infrastructure, servicing, and /or waste collection will be provided under a separate letter once Regional staff finalizes its technical review. Any Public Works requirements can be addressed at time of the Plan of Condominium and /or Site Plan Control application process. Conclusion Regional Development Services staff has no objections from a Provincial or Regional perspective to the approval of the Official Plan and Zoning Bylaw Amendment applications. Given the site specific nature of the applications, the Official Plan Amendment is exempt from Regional approval in accordance with the Memorandum of Understanding with Area Municipalities. 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/ Cc: Mr. W. Stevens, Regional Public Works L: \Mabee Sue \NIAGARA FALLS\OPA \6320 Pinegrove Ave, AM- 2008 029 \Comments.doc Director of Planning Development Division City of Niagara falls 4310 Queen Street Niagara falls, Ontario 1-2E 6X5 Dear Director of Planning Development 6231 Pine Grove Ave. Niagara Palls, Ontario L20 411 November 5, 2008 We would like to notify you of our strong objection to the suggestion to re -zone and build a three storey, 18 unit building at Pine Grove Avenue and Murray Street. (City file AM 2008 -029 Gordon Ogilvie) This is a very quiet residential street with the majority of the homes being single dwellings. It would be disruptive to the neighbourhood increasing -the population and traffic flow. This would almost double the population. It would also be a terrible loss to allow this beautiful borne to be destroyed. Sheryl Pett Kenneth Kinzel 6231 Pine Grove Ave. RECEIVED NOV 10 2008 PLANNING DEV'EL0Ph1ENT November 7, 2008 City of Niagara Fal Is43 t 0 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 Attention: Director ofPlanuing and Development Dear Sir/Madam: Ralph and Kerry Barbieri 6080 Murray Street Niagara Palls, Ontario L2G 21<3 (905) 354-0750 RE: 6320 Pine Grove Avenue Official Plan and Zoning By -law Amendment Application City rile: AM- 2008 -029- Cordon Ogilvie We live at 6080 ,Murray Street, directly across from the side yard of 6320 Pinegrove Avenue, the site of the above noted. application. We were extremely shocked and saddened to receive a copy of this Notice of Application in the nail recently. We have reviewed the plans received and even visited the planning office where we received a MI colour picture of the proposed plan. To propose a change from a shtgle- family home (Bed and Breakfast) to an 18 -24 unit apartment building is inappropriate to this quiet area which houses mainly mature homes with character and charm. The houses directly across from 6320 Pinegrove are well -built and very well -kept homes. The home in question is located at the southern terminus of Pinegrove and is of great importance to maintaining the character of the neighbourhood.. The impacts on the character of the neighbourhood, should this lovely, stately house be demolished and its grounds uprooted, to be replaced by a modern apartment complex would be extremely severe. Even moving the house away, would strip it of its historieal frame of reference. Eroding and destroying a portion of a mature neighbourhood, such as this one, which features distinctive and unique structures, mature landscapes and strectseapes, and a special character which speaks to our community's past, will later be recognized as a huge PLANNING MISTAKE. 6320 Pinegrove Avenue isn't just any house. The property meets the Provincial criteria (under the Ontario Heritage Act) for determining cultural heritage value or interest. h has design value. or physical value, because it is an excellent local representative of the Tudor Revival Style. It displays a high degree of craftsmanship. It has historical value because of its association with RECEIVED NOV 1 2 2008 PLANNING I_ D EVELOPMF rr husincss leaders of the eornniuuity. h was built iol929hv the former President v[Aright`x Wines and it was Eater owned by the Dunnett family, proprietors of a chain of local grocery stores. It hits contextual value because it is important in defining, maintaining and supporting the character of the area. and is a minor neighbourhood landmark. The lot contains many species o[}O0've"r-xd trees which are all part o[ the [uro|incm)forests of Southern Ontario. The removal of these trees would not sit well with the residents of Niagara F&Fs. Even thougk the Ireas may he private property, their large size makes them part oithe whole neighbourhood as well. Trees alter the environment in which we live by moderating climate, improving air quality, conserving water, and harboring wildlife. The proposed pion for an 1 _i4 unit apartment complex does not show any effort in "keeping nitk ihn cbux^otorof<kenrighhouHhnod." Infoct where the developer has put no consideration into trying to blend the building into the existing surroundings. newer house immediately ta the east uf this proposal (carved out only a few years ago from the subject property) would end np hemmed inhy taller, denser developments. Mrs. Gibbs single- storey koo:k/cktdinu160bOMunuyStreutv/ntddheovcrvvhn|nocdhythindcvelu9n)oni. A Developer may argue that there are apartrnents toibnoustonMorruySt,*r[,onJihuts,^lk*y are keeping with the neighbourhood." Those apartment buildings have long existed and by virtue of this long existence, they have achieved u degree of cobnyx|ihiii1y with the neighbourhood. The inirncdiatc areacartnot support any marc such devclopments without adverse impacts. Murray Street has atso changed since those apamneni bufl4ings v/crrv"uotu6.k\x|»okneeru through-street, as it was when they were built. Now that the traffic to and from the existing apartment developments no longer has the opportunity for egress and ingress directly to and from Main, i<is already putting usbu pressure m)sun*undjog residential streets. This area simply canon support additional traflic. this, As an example of in of last i waterntain broke at the f Pinegrove and Symtncs. causing water to flood basements of numerous dwellings, our own 1111110 ,fl get |Ai10f|/|h Ve c0 8PS& Into o an =urgency repair. /\s long o«vYx|x`vui*cd|`erc years vvr have not seen any ruuyor structural upgrades being done and though we arc not experts in civil engineering can only assume that these hrcukdo`vox will con iooek, happen if further stress iu put on the system. There is no shortage of rental units in this area. In fact, an apartment cornplex located on Drummond Road, just opposite Murray, currently has several units available Mr rent. High vacancy rates force landlords to lower rents in order to snap up tenants, which would attract lower income tenants, which, unfortunately. has a higher pementage of undesirable applicants, increasing the crime level v[ the area. Yours truly. Ralph and Kerry 13arhieri Summary: We have many other concerns which we will address on December 1, 2008. The impacts on the character af the neighbourhood should this lovely, stately house be demolished and ifs grounds uprooted, to be replaced by a modern apartment complex 14'O uld be extremely severe: Destroying a portion of /Vicrgara's history will later be recognized as a Planning Mistake! The property ;neets the Provincial criteria {under the determining cultural heritage value a interest. The removal of trees would he detrirr ten tal to the entire neighbourhood The immediate area cannot support env more such develo impacts. itage Act) fin I1 has historical value because of its association with business leaders of the coin,; Traffic to and from the existing apartment developments no longer has the opportunity for egress and ingress directly to andiron? Main, it is already putting extra pressure on surrounding residential streets The current underground systems are already overly stressed and subject to breakage There is no shortage of rental units in this urea Niagara .Falls ed and Break la svie-w (Darden Inn 6320 Pinegrove Avenue; Niagara Fal The Inn is located in Historic.Fallsview, a half -mile from the Canadian Holseshbe Falls, and the Niagara River. Built in 1929by the former'- President of enghts Wnes,Pis surrounded by many species or 100 year old trees, and a. pine grove which are all part of the Carolinean forests of Southern Ontario. We provide a spectacular Fall leaves display. right In du own backyard, and an outdoor patio which ovedooks the beautiful Woodland garden one pond We provide o full Breakfast including Blueberry buttermilk Pancakes and sausage, fresh local fruits of the Niagara Peninsula, dr a delectable Ham and cheese Omelette. There is fresh coffee a.m. p.m., and also a variety of Imported teas. Home -made breads are our Specialty. We offer discounts for Fall packages, and Special rates for the Writer Festival of Lights, and a New Year's Eve Weekend package. Including transportation to the Concert in the Park by the Falls end Fireworks display. (Reservations only). Our accommodations include the Rese Room Ensulte, and two Garden suites- You can relax tr our expansive main -floor Livingroom which provides an antique wood burning fireplace, and select: Libra .:Affordable room rates and a cosy atmosphere are guaranteed. Don't forget we are very dose to the Rainbow Bridge and U.S. border. Casinos (the newest Niagara Fallsview Casino opening Spring 2004) and the Outlet Shopping Malt, along with many Restaurants to suit your palate. We will arrange dining reservations at the Skylon Tower overlooking the Falls, or at the famous Itelien restaurant, the Capri which is dose to the Inn. Page 1 a 2 MODIFY REQUEST ed Go: 11/1.1/2Ov'.. Kerry Barbieri (External) Sandi Q-nrjl ro Reeuestor Add Re b to Add Attachment Ai en Donofrio Plor rd; OIL Mulfinle:Assignments Click here to update Assignmel Quick Claoe 710 TiiNFi 4 .ntevect lay. i.:r0 ScrriCErs uriob N?asfe. ..,raicnr i.- Dear SF/Madam NEI 6320 Pine Grove Avenue Cif =f<ire Plan and 2loning (3g-la,/Amendnc ripplioalion 'City Fie: Ats1-2005 -029- Cordon Cklilvict I sNo rive id 6030 Mop ay Street directly iiittrua s Euro the isetclicobron. We wore redrerrigiv ;hocked and saride relew of it to make matte's trrnrse, gartaye »ten. The view oio ne, especially on he ho( summer date, ..t1td affect the resole value are C ability of eur home. j1: impact r enjoyment Of OW homa_ Go np; Il j Deparirorar' erg 1 ^e in 2002 •300airs we wante 1.3us days l Itograpl of 6320 (ineoro :opy of this It WO Ora' i I .1 if win disc dE re ()Dosed development. 0 od for this request. pits o er precool-rimy viev ant Avenue he site the abovomuletil 7f Cppisa...o in t(e1:�ad. es. Or d rim ri1ati Clii i bi br inu:ea:;eci if of Wild Jl he replaced toy a monstrosity of a ve ill he facing all approon aare:'1 it I, no doubt. creole an anplensant sn�e LOCent populat en 1 rus WI!: 110 bus!. Ih is Heartn](?tll cnP) ii fGleiy fLOOilt.v0,y1 this May opus the door to Inure iri ease devek ,'rle;r. which will ton :pibeorhoods in Niagara Falls. j;na PLAN:NIN0 oEVELOPMEN EL 1 December 1, 2008 PD- 1008 -108 Niagara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -108 AM- 2008 -004, Zoning By -law Amendment Application 2096, 2108 and 2122 Catharine Crescent Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works Related to Erosion Control and Slope Stability RECOMMENDATION: That Council approve the Zoning By -law Amendment application to modify the EPA zoning that applies to the rear of 2096, 2108 and 2122 Catharine Crescent to permit site works related to erosion control and slope stability, subject to a permit from the Niagara Peninsula Conservation Authority. BACKGROUND: Jingyu Li and Fayez Elayan have requested an amendment to Zoning By -law No. 79 -200 for part of their 3853 square metre (0.95 acre) property known as 2108 Catharine Crescent. The front of the property is zoned Residential Single Family 1A Density (R1A -551). The rear of the property is a slope and zoned Environmental Protection Area (EPA -552), which does not permit the land to be altered except for the provision of municipal services. The applicants undertook site works to stabilize the slope within EPA -552 zone and are requesting these works be recognized. The EPA -552 zone is requested to be amended to permit site works for slope stability and erosion control subject to a permit from the Niagara Peninsula Conservation Authority. As the same zone extends onto the rear of the abutting properties (2096 and 2122 Catharine Crescent), Staff propose the amendments also occur to the EPA -552 zone that applies to these properties. Notice that the lands. are included in this application was circulated to the respective owners. Schedule 1 shows the location of all three properties. Schedule 2 shows the portion of the properties covered by the EPA -552 zoning. Site Conditions and Surrounding Land Uses Dwellings exist on two of the properties (2108 and 2122 Catharine Crescent). The property known as 2096 Catharine Crescent is a vacant building lot. The lots are relatively flat except for the portions zotEPA -552 which are tree covered and slope upward toward the lots on Rockcliffe E 0 Box NlagaraFalls$0N'Canada!L2E6X5 905 356 -7521 www.niagarafalls.ca. Working Together to Serve Our Community Community Services Department Planning Development December 1, 2008 2 PD- 2008 -108 Residential lots lie to the south and west of the subject lands. A protected wooded area, also zoned Environmental Protection Area (EPA -433), lies to the east. Circulation Comments Regional Municipality of Niagara The site is adjacent to an Environmental Conservation Area according to the Region's Core Natural Heritage Map. It is appropriate to maintain the EPA 552 zoning of the property with an amendment to allow site works for slope stability. Any engineering report on slope stability is to be to the satisfaction of the Niagara Peninsula Conservation Authority and is to ensure the protection of the environmental lands to the east. Niagara Peninsula Conservation Authority (NPCA) The adjacent slope is protected by NPCA. A site specific modification to the existing EPA -552 zone should allow for erosion protection and slope stability works subject to a geotechnical /slope stability analysis. Municipal Works The applicant is to regrade the rear of the property in accordance with the recommendations of the slope stability analysis submitted with the application. Any retaining structure is to be certified by an engineer and completed to the satisfaction of the City. In addition, any site grading plans are to be revised to reflect approved site alterations and are to conform to the master grade control plan for the subdivision. Transportation Services, Parks, Recreation and Culture, Legal Services, Fire Services and Building and By -law Services No objections. Planning Analysis 1. The proposed amendment complies with the Official Plan. The lands are designated Residential in the Official Plan and are intended primarily for the development of housing. The Official Plan also promotes the protection of slopes and valley lands that are under the jurisdiction of Niagara Peninsula Conservation Authority (NPCA). As the environmentally sensitive portions of the subject lot are intended to be protected and preserved and only those works to be allowed are those necessary to stabilize the slope, the proposed amendment complies with the Official Plan. December 1, 2008 3 PD- 2008 -108 2. The requested amendment is appropriate. The intent of the EPA -552 is to preserve the slope in its natural state. Currently, the special provision prohibits any work, activity or buildings on the lands. The requested amendment would permit site works necessary to protect the slope from erosion or slumping subject to a permit under the NPCA regulations. The applicants have provided a soil stability analysis by a professional engineer which concludes that a stable slope will result when additional works are done such as flattening the slope to a 3:1 grade or securing the steeper parts with armourstone walls or other engineered retaining wall structures. The proposed amendment protects the slope and adjacent environmental lands while allowing a reasonable scale of work to stabilize the valley slopes. The applicants have applied for the zoning change for their property only (2108 Catharine Crescent). As the EPA -552 zone also applies to a sloped portion of the two abutting properties to the north and south (2096 and 2122 Catharine Crescent), it is recommended this zone be amended in a comprehensive manner, and that the proposed provisions apply to all three properties. 3. Other Matters Should this application be approved, the applicant will be required to alter the slope in accordance with the findings of the slope stability analysis they submitted, to avoid further slumping of the slope and damage to the valley. In addition, the applicant will need to provide a revised grading plan for the whole property. This revised plan will need to be reviewed and approved in the context of the master grade control plan for the subdivision and will require a NPCA permit. CONCLUSION: The requested zoning by -law amendment to permit certain site works in the rear of the subject lands that are zoned EPA -552 can be supported for the following reasons: It conforms with the Official Plan. Recommended by: Approved by: The zone changes will permit certain works (subject to the necessary permits) and will provide a balance between protecting lands containing natural features and allowing for slope stability and erosion protection. litAkey A. Bryce:mb Attach. 8:1PDR120081PD- 2008 -108, AM- 2008 004, 2096,2108,2122CatharineCres.wpd Alex Herlovitch, a ctor of Planning Development c ecutiv Ed Dujlovic, e Director of Community Services Subject Land SCHEDULE 1 Applicant: Jingyu Li and Fayez Elayan City of Niagara Falls LOCATION MAP EPA -552 I O RES 2096 2108 I'! kS S FFEEST Ol O� Amending Zoning By -law No. 79 -200 Location: 2096, 2108 and 2122 Catharine Crescent LNTS AM- 2008 -004 11.v1 reA UUD6878056 PUBLIC WORKS ADM DATE: November 7, 2008 Nagara Region TO: Sue Mabee Planner Planning and Development Department FROM: William J. Stevens, C.F.T. Development Approvals Manager Development Services Division SUBJECT: Official Plan and Zoning By -law Amendment Applications Revised Plans Applicant /Owner: Gordon Ogilvie Proposal: To permit a 3- storey, 18 -unit condorninium apartment building Location: 6320 Pine Grove Avenue In the City of Niagara Falls City File: AM -2008 -029 Our File: D.10:04.OPA -00379 Technical staff of the Development Services Division has reviewed the above referenced application and provides the following comments: 1) Collection of Waste (Private) For Apartments The proposed plan indicates an inappropriate layout for Regional curbside collection of household waste. Therefore, private waste collection shall be arranged by the developer. The following warning clause shall be included in the Draft Plan of Condominium Agreement and inserted in all Agreements of Purchase and Sale of Lease for each dwelling to survive dosing: 'Purchasers/Tenants are advised that due to the site layout, waste pick -up for this development will be provided by the condominium corporation through a private contractor and not the Region'. 2) Regional Watermain /Sewer There is a Regional 600 mni 0 watermain along this section of Murray Street. There shall be no connection to this watermain, nor should the line be disturbed during construction. RECEIVED NOV 10 2008 PLANNING DEVELOPMENT Phony 11/10/2004 11:41 FAX 0056878056 PUBLIC WORKS ADM We would recommend that the developer contact Kyle Moate, Manager of Infrastructure Planning Asset Management of our Water Wastewater Services Division at 905- 6854225, extension 3320, to determine the location of the line in order to avoid any conflicts with the proposed development services. Prior to any work being undertaken on or in the proximity of a Regional watermain or sewer, staff at the Regional Central Maintenance Facility in Welland (905 -734 -4777) is to be contacted a minimum 72 -hours before, in order to be available to inspect the works. We trust our comments will be of assistance to you in the .preparation of your Regional response to this application. William J. Stev s C.E.T. Development Approvals Manager Development Services Division Sue Mabee Planner Development Services Division November 7, 2005 Page 2 of 2 WJS /cm LAVetruneCarmen \Niagara Falls \CORRESPONDENCE 2008 \14890.Sue Mabee. C: Mike Janas, Associate Director, Water Wastewater Operations Bob Vanyo, Contract Manager, Waste Management Services Charles Pittner, Associate Director, Water Wastewater Maintenance Mayor and Members of Council City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 November 17, 2008 Dear Mayor S lci and Members of Council: Re: "25 Cent Student Bus Rides" The City of Niagara Falls Mayor's Youth Advisory Committee (MYAC) would like to sincerely thank the Niagara Transit Commission for their partnership over the last three years. We hope that over the last three years you have been pleased with the increase in student ridership. It has been a great success in the past and it is our belief that with the youth's growing knowledge of the initiative, there will be an even greater increase in the ridership of the youth. We Mayor's Youth Advisory Committee on behalf of youth of Niagara Falls, would like to respectfully request 25 Cent Student Bus Rides again for two key periods during the school year; Christmas Break (December 20 to January 4) and March Break (March 14 -22). The Committee has resolved to request this service on an annual basis during Christmas and March Break. We are very excited about this partnership and are confident that together, we will be able to help inform students about Niagara Transit. To promote the fare, as in the past MYAC representatives will make announcements and post flyers at each high school in the City. This initiative continues to help promote freedom and independence for the youth. It gives us our own voice, and enables us to travel throughout our City using public transportation. It shows that the youth care about their environment, but that care and commitment comes with the help of the Niagara Transit. If you have any questions, please contact our city staff liaison, Carey Campbell at 905 356 -7521 Ext 4206. We look forward to your response. Thank you for your time and consideration. Sine I Steven Sonnenberg Viee Chair Kacey Taylor Laurel Walsh Co -Chair Co -Chair The Mayors Youth Advisory Committee of Niagara Falls Office of the Mayor, 43111 Queen Street, Niagara Falls, ON L2E 6X5 telephone 905.356.7521 www.niagarafalls.ca (11/24/2008) Teresa Fabbro BullyingCanada Ca And Blue Day From: "Katie Neu" <kneu @bullyingcanada.ca> To: Date: 11/22/2008 9:22 PM Subject: BullyingCanada.Ca And Blue Day Attn: Town Council Dear Mayor and Town Council: Did you know according to Public Safety Canada, Children are bullied once every 7 minutes on the playground and once every 25 minutes in the classroom? BullyingCanada.Ca is the First Youth Created Anti Bullying Website in Canada with one of the Founders is located in Listowel, Ontario with the other originally from Bathurst, NB and now living in Woodstock New Brunswick pursuing post- secondary education. The website launched December 17th, 2006 and now receives hundreds of visits a day from all over the world. The founders also give presentations to schools and communities and is run solely off of donations. To mark the two year point, BullyingCanada.Ca decided to launch Blue Day and has called on the Federal Government to declare each December 17th as "Blue Day" This day would be where all students, parents, educators, and the general public are asked to wear Blue in support of anti bullying efforts and organizations. We would like this to be a yearly event and this year we are having a rally in Listowel, Ontario and Woodstock, New Brunswick for everyone to gather to show their support forAnti- Bullying. BullyingCanada.Ca has a national petition circulating to get signatures to show support for this day to come in to effect. We would like to provide Petitions for the citizens of Canada to sign to show their support of Anti Bullying. I would like to ask, if it would be possible for your town to join us in support of this initiative, and declare December 17th as "Blue Day" in your community. We will also be in contact with different local businesses to support this, by donating either clothing in the color blue, or a cash donation to purchase different "Blue Day" related material. We are not seeking funding from you, but rather their support by the Mayor and Council by declaring "Blue Day" on December 17th. I look forward to hearing from you about showing your support for this very important event so we may continue with our planning, Thank you, Katie Neu Founder BullyingCanada.Ca December 1, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Nflagarraj3alIs C .A N A D A Re: CD- 2008 -13 2009 Council Schedule RECOMMENDATION: That Council approve the 2009 Council Schedule. BACKGROUND: CD- 2008 -13 Rule 2 of the Standing Rules of Council (By -law 89 -155) state that ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. Some comments regarding the schedule: Once again, staff has proposed a, roughly, bi- weekly schedule during the non summer months. From June to August, the meetings are scheduled every three weeks. Although the first regular Council meeting is not until January 26 Council will not be idle. As approved through the 2009 Budget schedule (cf. F- 2008 -38), there will be a Capital Budget workshop on January 12 and the following week will be a Corporate Services Meeting on the General Purposes Budget and Municipal Utility Budget. As always, special meetings may be called, if warranted, or meetings could be cancelled, especially in the summer months, if there is not any pressing business at hand. Once the 2009 schedule has been approved, staff will bring forward a by -law amending the Standing Rules of Council by -law. Members of the public should be referred to the Council section of the City's website for the up to date Council meeting schedule: http: /www.niagarafalls.ca /city hall /council eti'Street POnox 1023Alagara Falls ON taiiadat L2E 6X5 905:356-7521 www.ilia arafaIls.ca Working Together to Serve Our Community Corporate Services Departure Clerks December 1, 2008 Recommended by: Approved by: 2 K. E. Burden, Executive Director of Corporate Services CD- 2008 -13 OI 00 N 21 ill d February 2009 nepin'eg L ti T Z Aepud OZ 1 Thursday ZI I 61 Wednesday i T 81 Tuesday M 0i LT Aepuo j 9 ©(7:00PM- 10:00PM) Council 16 (8:30 AM 4:30 PM) Family Day Sunday W S T Schedule Council bT TZ £T 20 0 (8:30 AM 4:30 PM) March Break ZT 19 0 (8:30 AM 4:30 PM) March Break 4 Ti 18 0 (8:30 AM 4:30 PM) March Break 01 17 0 (8:30 AM 4:30 PM) March Break 9 0 (7:00 PM 10:00 PM) Council 16 0 (8:30 AM 4:30 PM) March Break 00 SI Schedule Council April 2009 j Saturday V N I1 81 SZ Aepuj 10 O (8:30 AM 4:30 PM) Good Friday LI tiZ I Thursday Cr, 91 £Z OE Wednesday ,--1 00 Si ZZ 6Z 17 1 T 8Z Monday 6 O(7:00PM- 10:00PM) Council 13 (8:30 AM 4:30 PM) Easter Monday 20 (7:00 PM 10:00 PM) Council LZ in ZI 6I 9Z May 2009 A Z 91 £Z 00 SI ZZ 171 1Z 28 £I OZ Tuesday Z1 61 4 (7:00 PM 10:00 PM) Council TT 18 (8:30 AM 4:30 PM) Victoria Day OT LT 17Z T£ Schedule Council June 2009 nepun ;es 9 £T 03 Aepud 3 1 6L Aepsin41 TT 81 Wednesday M OT LI Tuesday N 91 Monday 8 0 (7:00 PM 10:00 PM) Council SI Aepuns N VT a 6002 Mint nepmleg b I 1 81 Aepud M 01 LI Thursday 0 91 Wednesday -1 .0 (8:30 AM 4:30 PM) Canada Day 00 SI 29 ti t Monday £I 0 Z N 00 N in 26 3 0 (8:30 AM 4:45 PM) Civic Holiday N September 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 0 (8:30 AM 4:30 PM) Labour Day 61 20 21 22 23 24 25 26 27 28 29 30 O (7:00 PM 10:00 PM) Council Schedule Council 1 81 LI 91 SI 14 0 (7:00 PM 10:00 PM) Council £1 October 2009 Aepingeg OT LI N OA 91 Thursday .-1 00 SI 28 Ci £T J Monday in 12 0 (8:30 AM 4:30 PM) Thanksgiving <i' TT Schedule Council 0 U L L0 N VI TZ ET OZ ZI 61 4 II 81 OI LI 16 (7:00 PM 10:00 PM) Council 00 SI 0 U L L0 N C 0 0 L 0, Z1 61 II 81 01 LI 2 rn 9I 0£ 00 SI N 14 (7:00 PM 10:00 PM) Council £I C 0 0 L 0, December 1, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -45 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to September 30, 2008. 1. Tax Receivables Current Taxes Percentage Collected Levy to Date Penalties Charged Collections Balance Tax Arrears Percentage Collected Opening Balance Penalties Charged Collection Balance Total Unpaid Taxes Ni C A N A D A 2008 2007 76% 74% 158,457,611 157,085,482 807,704 775,383 120,928,861 116,215,571 38,336,454 41,645,294 2008 2007 51% 16,519,455 1,297,227 9,018,783 8,797,899 47,134,353 Working Together to Serve Our Community 52% 14,489,650 1,216,289 8,214,488 7,491,491 49,136,785 F- 2008 -45 310 Queen Street+PO .1 811x.1023 Niagara Falls ON Canada L2E 6X5 905- 356 1 7521 www.niagarafalls.ca Corporate Services Department Finance December 1, 2008 2. Other Receivables Sundry Receivables 2008 2007 Accounts Receivables 826,248 1,185,591 Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that all accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Recommended by: Approved by: AF:Iw 2 F- 2008 -45 l /�Ij Todd Harr son, iir,'ctor of Finance /ratacre Ken Burden, Executive Director of Corporate Services December 1, 2008 F- 2008 -47 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -47 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $25,064.968.03 for the period October 16, 2008 to November 5, 2008. BACKGROUND: Niagarafalls CANADA The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: r ri on �ir�•cto Todd Ha r of Financial Services Ken Burden, Executive Director of Corporate Services 4310QueenStreet PO Boxt023 Niagara Falls ON; Canada 'L2E6X5 "905,356 -7521 .www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 4 OFFICE AUTOMATION LTD 5 -0 TAXI INC 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD A N MYER SS AA INTERNATIONAL CONSULTANTS AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ABDOLHADY,DR MOHAMMAD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALAMO RENT -A -CAR CANADA INC ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS.CHRIS ANDERSON,JAMES ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ARCHER TRUCK SERVICES LTD ASHLAND CANADA CORP AVIS CAR INC B C TRUCK CENTRE (PARTS) B M AWNINGS BARBERA,DOMENICO BARBISAN RESEARCH DEVELOPMENT CORP BARCLAY TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BEAMAN, KEN BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BENSON TIRE BERKHOUT,DAN BERMAN,WAYNE BERTIN,JUDY L BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BLACK,ROBERT BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BONIFERRO,JANA BORDEN LADNER GERVAIS BOUTILIER,J BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRAND BLVD INC BREAST CANCER RESEARCH FOUNDATION BRINKS CANADA LTD BRISCOE,DANIEL BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BUSINESS INFORMATION GROUP C D W CANADA INC C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAD MICROSOLUTIONS INC CALE SYSTEMS INC CALE SYSTEMS INC Cheque No. Cheque Date Purpose Page 1 of 7 Amount 323369 22- Oct -2008 CONTRACT SERVICES 260.61 323370 22 -Oct -2008 CONSULTING SERVICES CONVENTI 2,362.50 323371 22- Oct -2008 LEASES AND RENTS 147.21 323372 22- Oct -2008 SERVICES KALAR ROAD RECONSTI 27.50 323581 29- Oct -2008 CONTRACT 2008 -04 ASPHALT PATCF 37,045.98 323553 29- Oct -2008 MATERIALS 329.46 323720 05- Nov -2008 MATERIALS 40.00 323547 29- Oct -2008 MATERIALS 664.44 323548 29- Oct -2008 MAINTENANCE /REPAIRS -FIRE ALARA 194.25 323716 05- Nov -2008 MATERIALS 662.86 323549 29- Oct -2008 ADMINISTRATIVE- PHYSICIAN RECRU 1,000.00 323374 22- Oct -2008 MAINTENANCE /REPAIRS 3,691.33 323551 29- Oct -2008 MAINTENANCE /REPAIRS 1,091.83 323717 05- Nov -2008 MAINTENANCE /REPAIRS 1,696.93 323552 29- Oct -2008 MATERIALS 22.75 323554 29 -Oct -2008 REFUND DUPLICATE PAYMENT 20.00 323555 29 -Oct -2008 REIMBURSEMENT /SCHOOLS IN BLOC 331.60 323375 22 -Oct -2008 REFUND SECURITY DEPOSIT FOR F 1,759.34 323376 22- Oct -2008 MAINTENANCE /REPAIRS CURBS /SW) 15,307.31 323718 05- Nov -2008 MATERIALS 305.10 323378 22- Oct -2008 PAYROLL REMITTANCE 615.30 323719 05- Nov -2008 PAYROLL REMITTANCE 581.58 323379 22 -Oct -2008 TRAVEUMILEAGE SEP08 322.00 323556 29- Oct -2008 MATERIALS LIMOUSINE SERVICES 96.46 323721 05- Nov -2008 MATERIALS 361.92 323380 22 -Oct -2008 TRAVEUMILEAGE 48.00 323722 05- Nov -2008 STORES /INVENTORY 581.19 323558 29 -Oct -2008 MATERIALS 1,003.07 323559 29- Oct -2008 REFUND DUPLICATE PAYMENT 100.00 323382 22- Oct -2008 STORES /INVENTORY 204.35 323388 22- Oct -2008 MATERIALS 7,646.40 323560 29- Oct -2008 SERVICE DEP REFUND 8337 RACEY 750.00 323381 22- Oct -2008 MATERIALS 1,525.50 323561 29- Oct -2008 CONCESSION SUPPLIES 311.96 323724 05- Nov -2008 CONTRACT -4 -PAD 20,648.57 323725 05- Nov -2008 TRAVEUMILEAGE OCTOBER 08 157.84 323384 22- Oct -2008 UTILITIES 74.83 323385 22- Oct -2008 UTILITIES 113.00 323726 05- Nov -2008 UTILITIES 9,619.25 323727 05- Nov -2008 UTILITIES 37.79 323728 05- Nov -2008 UTILITIES 90.65 323729 05- Nov -2008 REIMBURSEMENT RE: 2008 -108 748.87 323730 05- Nov -2008 UTILITIES 1,427.91 323731 05- Nov -2008 MATERIALS 6,102.00 323562 29- Oct -2008 MATERIALS 146.89 323732 05- Nov -2008 ADMINISTRATIVE COMM SEM 08 -2 C( 45.00 323563 29- Oct -2008 REFUND DUPLICATE PAYMENT 20.00 323564 29 -Oct -2008 MATERIALS 300.00 323386 22- Oct -2008 MATERIALS 171.76 323387 22- Oct -2008 MATERIALS 61.03 323565 29- Oct -2008 MAINTENANCE /REPAIRS 42.04 323566 29 -Oct -2008 DEPOSIT REFUND RE: 7084 BRIAN 750.00 323674 29- Oct -2008 CONTRACT 2008 186 -06 693.00 323830 05- Nov -2008 CONTRACT SERVICES 693.00 323733 05- Nov -2008 TRAVEUMILEAGE OCTO8 108.03 323567 29- Oct -2008 CONSULTING SERVICES -RE: CASINO 714.00 323734 05- Nov -2008 ADMINISTRATIVE COURSE #FPO 301 45.00 323568 29 -Oct -2008 GRANT NOVEMBER 2008 17,850.00 323389 22 -Oct -2008 MATERIALS 556.53 323569 29- Oct -2008 MATERIALS 803.78 323735 05- Nov -2008 ADVERTISING 953.13 323736 05- Nov -2008 REMITTANCE 243.10 323390 22 -Oct -2008 CONTRACT SERVICES 1,543.19 323391 22- Oct -2008 REFUND DAMAGE DEPOSIT RE 4379 750.00 323570 29- Oct -2008 STORES /INVENTORY 418.32 323737 05 -Nov -2008 STORES /INVENTORY 611.50 323571 29 -Oct -2008 CONSULTING SERVICES -NC &CC 3,685.76 323738 05 -Nov -2008 SUBSCRIPTION -OHS MAGAZINE 176.41 323398 22- Oct -2008 COMPUTER 14,790.71 323409 22 -Oct -2008 LEASES AND RENTS GRADALL RENT 8,529.29 323762 05- Nov -2008 CONTRACT SERVICES GRADALL REI 7,335.56 323739 05- Nov -2008 MATERIALS 17,102.55 323392 22- Oct -2008 MATERIALS 166.12 323572 29- Oct -2008 MATERIALS 915.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CALE SYSTEMS INC CANADA BREAD- ONTARIO #T6249 CANADA TRUST COMPANY THE CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN INSTITUTE CANALI,KAREN CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS CASTRILLI,JOHN CENTENNIAL CONCRETE (NIAGARA) INC CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERTI ENVIRONMENTAL CONSULTANTS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF NIAGARA FALLS CLARK, WILLIAM CLAYDON,JEFF CO81 CONCRETE SAWING COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COMMISSIONAIRES COMMISSIONAIRES COTTON INC COTTON INC COTTON INC COTTON INC COTTON INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CREATIVE SIGNWORKS OF NIAGARA INC COPE LOCAL 133 CUPE LOCAL 133 COPE LOCAL 133 CYBER SERVICES CYGNAL TECHNOLOGIES CORP T46161 DADASOVIC,BRANKO DALTON,BARRY DELCAN CORPORATION DELL CANADA INC DELLA MARCA,EDWARD DESIGN ELECTRONICS DESIGN ELECTRONICS DILWARIA,ANAMIKA DIODATI,JIM DIRISIO,ENRICO DRAFTING CLINIC CANADA LTD DUERKSEN,ANGELA E3 LABORATORIES EASTLAND,MARI -LYNNE EDWINS RESTAURANT ELECTRICAL SAFETY AUTHORITY ELITE INTEGRATED SYSTEMS LTD ELLIS ENGINEERING INC EMPIRE LIFE INSURANCE COMPANY THE EMRY SERVICES INC ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA Cheque No. Cheque Date Purpose 323740 05- Nov -2008 MATERIALS 323573 29 -Oct -2008 CONCESSION SUPPLIES 323742 05- Nov -2008 REFUND RE: 5900 DORCHESTER 7 -1, 323393 22 -Oct -2008 MAINTENANCE/REPAIRS 323575 29 -Oct -2008 MAINTENANCE /REPAIRS 323394 22 -Oct -2008 CONTRACT SERVICES 323395 22- Oct -2008 MATERIALS 323741 05- Nov -2008 MATERIALS 323743 05- Nov -2008 CONSULTING WORKSHOP OCT 201( 323574 29- Oct -2008 REFUND /EPP 2008 323577 29 -Oc1-2008 MATERIALS 323396 22 -Oct -2008 CONTRACT SERVICES 323744 05- Nov -2008 TRAVEL/MILEAGE AUG -OCT 08 323746 05- Nov -2008 MATERIALS 323747 05 -Nov -2008 LEASES AND RENTS 323397 22- Oct -2008 TRAVEUMILEAGE OCT 4/08 323748 05- Nov -2008 REFUND DAMAGE DEPOSIT 62241 323399 22- Oct -2008 MATERIALS 323578 29- Oct -2008 MATERIALS 323749 05- Nov -2008 MATERIALS 323750 05- Nov -2008 CONTRACT SERVICES- LIFEWORKS( 323751 05- Nov -2008 CONTRACT SERVICES 5012 ST. Ct 323400 22 -Oct -2008 STORES /INVENTORY 323579 29 -Oct-2008 STORES /INVENTORY 323752 05 -Nov -2008 STORES /INVENTORY 323580 29- Oct -2008 MAINTENANCE /REPAIRS 323582 29- Oct -2008 LEASES AND RENTS 323753 05- Nov -2008 MATERIALS 323401 22- Oct -2008 CONSULTING SERVICES RE: LANE 0 323402 22- Oct -2008 TRAVEL/MILEAGE SEPTEMBER 08 323403 22 -Oct -2008 CONTRACT SERVICES 323404 22 -Oct -2008 UTILITIES 323754 05- Nov -2008 UTILITIES 323755 05- Nov -2008 ADMINISTRATIVE- COURSE #FPO 301 323405 22 -Oct -2008 CONTRACT SERVICES 323756 05 -Nov -2008 CONTRACT SERVICES 323406 22- Oct -2008 MATERIALS 323583 29 -Oct -2008 CONTRACT- BRIDGE ST WATERMAIN. 323584 29- Oct -2008 CONTRACT MAIN /BRITANNIA,HIGH,D 323585 29- Oct -2008 MATERIALS 323758 05- Nov -2008 MATERIALS 323408 22 -Oct -2008 CONTRACT GHASSEMI H 323587 29- Oct -2008 CONTRACT WAINWRIGHT S 323759 05- Nov -2008 ADMINISTRATIVE -TRUST ACCOUNT I 323760 05- Nov -2008 CONSULTING SERVICES 323761 05- Nov -2008 MATERIALS 323410 22- Oct -2008 PAYROLL REMITTANCE 323568 29 -Oct -2008 PAYROLL REMITTANCE 323763 05- Nov -2008 PAYROLL REMITTANCE 323411 22- Oct -2008 MAINTENANCE /REPAIRS 323412 22 -Oct -2008 CONTRACT SERVICES 323413 22- Oct -2008 MATERIALS SAFETY SHOES 323414 22 -Od -2008 MATERIALS SAFETY SHOES 323415 22 -Od -2008 CONSULTING KALAR -LL- BEAVERDAM 323764 05- Nov -2008 COMPUTER 323589 29 -Oct-2008 TUITION Z BRAKE ENDORSEMENT 323590 29 -Oct -2008 MAINTENANCE /REPAIRS 323765 05- Nov -2008 MATERIALS 323766 05- Nov -2008 TRAINING REIMB CEPTED COURSE 1 323712 03- Nov -2008 TRAVEUMILEAGE AMO CONFERENC 323591 29- Oct -2008 REFUND /SERVICE DEPOSIT PLAN Mf 323592 29- Oct -2008 MATERIALS 323593 29- Oct -2008 TRAVEUMILEAGE OCTOBER 08 323416 22- Oct -2008 CONTRACT SERVICES 323417 22- Oct -2008 MATERIALS 323595 29 -Oct -2008 MATERIALS DOWNTOWN WORKSH 323418 22 -Oct-2008 CONTRACT SERVICES -APR 01108 -MA 323767 05- Nov -2008 MATERIALS 323419 22 -Od -2008 MATERIALS 323768 05- Nov -2008 REMITTANCE TRANSIT GROUP INS N 323420 22 -Oct-2008 MATERIALS 323421 22- Oct -2008 UTILITIES 323596 29 -Oct -2008 UTILITIES 323769 05- Nov -2008 UTILITIES 323597 29 -Oct -2008 CONSULTING SERVICES Page 2 of 7 Amount 923.22 141.10 13,872.00 976.50 147.00 3.396.24 401.15 1,026.31 5,000.00 300.00 264.60 4,224.36 342.50 150.60 790.88 54.77 750.00 1,212.01 332.45 358.64 1,644.30 1,050.00 441.81 1,607.77 520.70 1,089.19 881.40 246,540.91 852.50 140.50 467.25 322.85 512.05 45.00 20,069.44 1,975.68 784.46 5,250.00 84,527.09 1,788.32 2,075.24 130.00 450.00 17, 962.37 29,646.75 3,710.00 3,899.40 3,879.13 3,884.07 907.20 2,943.94 150.00 150.00 19,690.64 145,790.79 250.00 366.84 6,026.72 281.58 504.60 750.00 435.52 123.50 5,915.90 189.00 395.00 8,324.52 2,465.66 4,662.00 28,580.14 5,594.40 161.10 1,176.56 185.71 1,346.63 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS FALLS ELECTRIC INC FALLS WHOLESALE LTD FASTENAL CANADA FEREN SIGNS AWNINGS LTD FIRE GROUP FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FLANAGAN,DENIS FORGETFULLL DEE CLOWN AND FRIENDS FOSS EY,MICHAEL JOSEPH FRANK COWAN COMPANY LIMITED G K SERVICES CANADA INC GABRIELES CUSTOM CATERING GALT MACHINE KNIFE SAW GEORGE BAILEY ENTERPRISES GIANCOLA,RICK GILL, MICHAEL EUGENE GLADDING SALES AGENCY LTD GOAR,LAUREEN GORDON WRIGHT LIMITED GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GRMEK,BORIS GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC GTA TRANSMISSION TECHNOLOGIES INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HARPER POWER PRODUCTS INC HENRY,ANDREW HERTZ EQUIPMENT RENTAL HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HOME ALONE PROPERTY MAN HUDSON HOMES HUNTON,GAIL INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA IOANNONLCAROLYNN iROAM MOBILE SOLUTIONS INC J W IVES ENTERPRISES JACOB PRIES ASSOCIATES INC JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOCELYN ROOF CONSULTANTS GROUP INC JOHNSTON,BRAD KAN DU POOLS LTD KAN DU POOLS LTD KELLY DIGS LANDSCAPING KITCHINGHAM,BILL KNOWLTON PASS ELECTRONICS INC KONE INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRKLJUS,MILKA& KRKLJUS, DURO KRONSTEIN,MARK LAFARGE CANADA INC LAKE'S MAINTENANCE LATOPLAST LTD LEA,TIMOTHY JOHN LEXISNEXIS CANADA INC LINCOLN APPLIANCE SERVICE CENTRE INC LINDSEY FAIR LIPPERT WRIGHT FUELS INC LYMBURNER,BOB M &L. SUPPLY FIRE AND SAFETY Cheque No. Cheque Date 323770 05- Nov -2008 323771 05- Nov -2008 323772 05- Nov -2008 323773 05- Nov -2008 323598 29 -Oct -2008 323422 22 -Oct -2008 323774 05- Nov -2008 323423 22 -Oct -2008 323599 29- Oct -2008 323775 05- Nov -2008 323425 22- Oct-2008 323776 05- Nov -2008 323426 22 -Oct -2008 323779 05- Nov -2008 323427 22 -Oct -2008 323600 29- Oct -2008 323777 05 -Nov -2008 323602 29 -Oct -2008 323778 05- Nov -2008 323780 05- Nov -2008 323603 29 -Oct -2008 323604 29 -Oct-2008 323428 22 -Oct -2008 323781 05- Nov -2008 323606 29 -Oct -2008 323607 29- Oct -2008 323429 22- Oct -2008 323430 22 -Oct -2008 323432 22 -Oct -2008 323783 05- Nov -2008 323431 22 -Oct -2008 323782 05- Nov -2008 323608 29- Oct -2008 323784 05- Nov -2008 323433 22 -Oct -2008 323609 29 -Od -2008 323434 22 -Oct -2008 323610 29- Oct -2008 323786 05- Nov -2008 323611 29- Oct -2008 323787 05- Nov -2008 323788 05- Nov -2008 323789 05- Nov -2008 323435 22- Oct -2008 323437 22 -Oct -2008 323438 22- Oct -2008 323711 29 -Oct-2008 323439 22 -Oct -2008 323442 22 -Od -2008 323495 22- Oct -2008 323790 05- Nov -2008 323440 22- Oct -2008 323612 29 -Oct -2008 323441 22 -Oct -2008 323613 29 -Oct -2008 323443 22 -Oct -2008 323791 05- Nov -2008 323444 22 -Oct -2008 323445 22- Oct -2008 323446 22 -Oct-2008 323447 22 -Oct-2008 323448 22 -Oct-2008 323792 05- Nov -2008 323614 29 -Oct -2008 323793 05- Nov -2008 323794 05- Nov -2008 323449 22 -Oct -2008 323795 05- Nov -2008 323450 22 -Oct -2008 323616 29 -Oct -2008 323618 29-Oct-2008 323619 29 -Oct -2008 323620 29- Oct -2008 323797 05- Nov -2008 323462 22 -Oct -2008 Purpose TRAVEUMILEAGE OCT 08 MATERIALS CONTRACT 4857 ARMOURY MAINTENANCE/REPAIRS CONCESSION SUPPLIES STORES /INVENTORY MAINTENANCE /REPAIRS CONTRACTED SURVIVAL INN 5450 I MEMBERSHIP RENEWAL TRAVEUMILEAGE /SCHOOLS IN BLOC CONTRACT SERVICES REFUND TAX OVERPAYMENT JUN08 REMITTANCE CLAIMS DEDUCTIBLE MAINTENANCE /REPAIRS MATERIALS MAINTENANCE /REPAIRS MATERIALS TUITION /Z BRAKE ENDORSEMENT OE REFUND /DEPOSIT RE: 8133 PADDOC MATERIALS RECREATION COMMITTEE FUNDING CONTRACT SERVICES -RE: SPLASH F MATERIALS MATERIALS PAYROLL REMITTANCE REMITTANCE FOR CORONATION CTI CONTRACT SERVICES 2005 -2008 STI MAINTENANCE /REPAIRS DEERFIELD. STORES /INVENTORY STORES /INVENTORY EQUIPMENT ALLISON V730 TRANSMI MATERIALS MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS MATERIALS MATERIALS MAINTENANCE /REPAIRS REFUND PARKING INFRACTION MATERIALS LEASES AND RENTS TRAVEUMILEAGE OCT08 MATERIALS 5012 ST CLAIR REFUND DEPOSIT 5408 MORNING GL TRAVEUMILEAGE SEPO8 MATERIALS MIGNELLI MATERIALS TRAVEL/MILEAGE MATERIALS STORES /INVENTORY REFUND DAMAGE DEPOSIT CONSULTING SERVICES -4 -PAD MAINTENANCE /REPAIRS 50% TUITION REIMBURSEMENT /PUBI CONSULTING SERVICES- CORONATI( 1/2 TUITION REIMBURSEMENT X 2 MATERIALS MATERIALS CONTRACT SERVICES REFUND SERVICE DEPOSIT AIRTIME OCTOBER 08 MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND TRAVEUMILEAGE CONTRACT 2008 -03 ASPHALT OVER CONTRACT SERVICES STORES /INVENTORY REFUND DAMAGE DEPOSIT MATERIALS MATERIALS MATERIALS FUEL ADMINISTRATIVE MATERIALS Page 3 of 7 Amount 90.00 350.30 459.90 3,900.38 844.29 574.66 222.16 131.32 100.00 100.00 450.00 421.11 38,028.94 245.72 368.10 216.96 231.65 250.00 750.00 1,149.23 195.00 7,869.96 115.36 1,245.42 39.90 300.00 19,300.04 318.44 2,603.00 1,516.28 5,876.00 5,876.00 2,120.94 845.28 280.18 54.24 16,384.67 20.00 691.26 3,254.87 162.00 910.53 750.00 63.85 627.10 4,675.86 170.00 8,844.73 378.32 750.00 3,939.35 735.00 492.21 2,100.00 356.40 67.35 401.49 15,445.60 750.00 5,155.51 2,879.73 1,390.20 50,284.50 324.98 60.00 422,389.51 263.55 1,717.60 750.00 254.11 74.58 350.00 41,219.72 45.00 4,212.64 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MAKE -WAY PLASTICS LTD MARINE CLEAN LTD MARTIN,ROBERT CHARLES MARTYN,GERALD MASLEK,JOVO MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES.BART MAVES,DIANE MCCONNELL.LUCILLE MCCUTCHEON.DOUGLAS DAVID MCNAMARA,SUSAN METRO PLUMBING HEATING METZ FIRE RESCUE MH PM PROJECT MANAGERS INC MICRON INSTALLATIONS LIMITED MICE BISTRO MILLER,MARGARET MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONRAD,CHAD MONTGOMERY,MOE& MONTGOMERY, MIKE MONTICELLO GRILLE HOUSE AND WINE BAR MOONEY,JEAN ANN MORI NURSERIES LIMITED MOROCCO,ANNA MORRISON, W ILMA MORRISSEY,DENYSE MULLINGTON,PATRICIA MURACA,JACK t4 Y STYLE DELI NATALE,CARAMIA NATIONAL CAR RENTAL (CANADA) INC NBI SPECIALTY CHEMICALS INC NIAGARA AUTO TRUCK SERVICE CENTRE LTD NIAGARA AUTO TRUCK SERVICE CENTRE LTD NIAGARA AUTO TRUCK SERVICE CENTRE LTD NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COOKS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA GALLERY NIAGARA INFLATABLES GAMES INC NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. Cheque Date 323461 22 -Od -2008 323628 29 -Oct-2008 323621 29 -Oct-2008 323452 22 -Oct-2008 323453 22 -Oct -2008 323798 05- Nov -2008 323799 05- Nov -2008 323454 22 -Oct -2008 323622 29- Oct -2008 323713 03- Nov -2008 323800 05- Nov -2008 323801 05- Nov -2008 323802 05- Nov -2008 323803 05- Nov -2008 323455 22 -Oct-2008 323623 29- Oct -2008 323456 22 -Oct-2008 323457 22 -Od -2008 323804 05- Nov -2008 323805 05- Nov -2008 323806 05- Nov -2008 323811 05- Nov -2008 323368 21 -Oct -2008 323458 22- Oct -2008 323545 24 -Oct-2008 323624 29 -Oct -2008 323626 29- Oct -2008 323627 29- Oct -2008 323807 05- Nov -2008 323809 05- Nov -2008 323810 05 -Nov -2008 323460 22 -Oct -2008 323459 22 -Oct-2008 323625 29 -Oct-2008 323808 05- Nov -2008 323463 22- Oct -2008 323629 29 -Oct -2008 323812 05- Nov -2008 323464 22- Oct -2008 323465 22- Oct -2008 323813 05- Nov -2008 323630 29- Oct -2008 323466 22 -Oct -2008 323631 29- Oct -2008 323632 29 -Oct-2008 323467 22 -Oct -2008 323468 22 -Oct -2008 323469 22 -Oct-2008 323480 22 -Oct-2008 323814 05 -Nov -2008 323470 22- Oct -2008 323633 29 -Oct -2008 323471 22- Oct -2008 323634 29 -Oct-2008 323815 05- Nov -2008 323472 22 -Oct -2008 323635 29 -Oct -2008 323636 29 -Oct -2008 323473 22 -Oct -2008 323475 22 -Oct -2008 323640 29 -Oct -2008 323816 05- Nov -2008 323637 29- Oct -2008 323474 22 -Oct -2008 323638 29 -Oct -2008 323641 29- Oct -2008 323642 29- Oct -2008 323817 05- Nov -2008 323643 29- Oct -2008 323476 22- Oct -2008 323477 22 -Oct-2008 323644 29- Oct -2008 323645 29- Oct -2008 323818 05- Nov -2008 323819 05 -Nov -2008 Purpose CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND DAMAGE DEPOSIT REFUND DAMAGE DEPOSIT MATERIALS- SAFETY SHOES MATERIALS MATERIALS TRAVEUMILEAGE AMO CONFERENC TRAVEUMILEAGE TRAVEUMILEAGE REFUND DAMAGE DEPOSIT TRAVEUMILEAGE CONTRACT SERVICES MATERIALS CONTRACT CONVENTION CENTRE MATERIALS MATERIALS LUNCH DELIVERY REFUND TRAVEUMILEAGE LICENSE RENEWAL LICENSE RENEWALS PAYROLL REMITTANCE PST REMITTANCE AUG -SEP 08 PAYROLL REMITTANCE ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ONTARIO FIRE COLLEGE REGISTRA PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REPL CHQ 322215 NOT RECD REFUND TAX OVERPAYMENT MATERIALS CRIMSON KING MAPLE REFUND REIMBURSEMENT FOR RESTORATIO TRAVEUMILEAGE REFUND FOR CEMETERY PLOT MATERIALS SAFETY SHOES MATERIALS REFUND DAMAGE DEPOSIT REFUND OF DUPLICATE PAYMENT F MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS GRANT MATERIALS 4TH QUARTER MUNICIPAL GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT REMITTANCE NOVEMBER 08 CONTRACT GRANT MATERIALS MATERIALS UTILITIES WATER ARREARS OCTOBER 21/08 UTILITIES WATER ARREARS OCTOBER 28/08 UTILITIES WATER ARREARS NOV 4/08 UTILITIES Page 4 of 7 Amount 710.12 710.12 30.78 6.390.62 750.00 750.00 150.00 1,573.12 2,587.33 504.60 66.00 126.00 750.00 126.00 9,877.68 455,135.21 26,881.74 525.00 147.46 175.36 264.00 162.00 42,022.50 154.25 1,205.80 134.35 157.50 128.58 133.87 67,788.10 4,408.45 260.00 1,789.11 1,789.11 1,789.11 2,056.03 272.98 758.71 100.00 3,224.02 339.00 160.33 93.19 150.00 1,225.44 121.50 460.10 150.00 180.80 750.00 20.00 1,112.58 913.50 162.75 94.50 287.47 34,369.00 784.87 22,424.00 3,080.40 3,080.40 3,080.40 4,666.67 50.00 37,711.83 33,333.33 360.00 551.44 52.16 10,065.97 24,111.13 25,480.96 121,576.54 5,402.44 25,693.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA THIS WEEK NORTH YORK TROPHIES NORTH LINE CANADA LTD VEHICLE DETECTION SYSTEMS NORTHSTAR CONSTRUCTION O'DELL ASSOCIATES INC. OATLEY,SHAWN OCE- CANADA INC OCE- CANADA INC ON THE AIR NETWORKS ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ORESKOVICH,RICHARD OUDERKIRK,KATHARINE PAGENET OF CANADA INC PARLATORE,FILIPPO PATTERSON FUNERAL HOME PENDLEBURY COST CONSULTANTS PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PERRLPASQUALE PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PHILIPS ENGINEERING PHILIPS ENGINEERING PHOENIX FOUNDRY PTY LTD PHOENIX FOUNDRY PTY LTD PHOTOPIA PHOTOGRAPHY PIETRANGELO,VICTOR PINERIDGE TREE SERVICE LTD PINEWOOD HOMES (NIAGARA) LTD PITNEY WORKS POPPA CORN CORP POTTHAST,FRED PRATA,GUY PRAXAIR PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RED RECORDING STUDIOS REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RESOURCE ENVIRONMENTAL ASSOCIATES LIMITED RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED ROCCA.SAVERINA& IERVOLINO, ANTONIO RODRIQUE,DANIEL ROGERS WIRELESS INC SACCO CONSTRUCTION LTD SAFETY KLEEN CANADA INC SAINT MICHAEL HIGH SCHOOL SALCI,TED SALCI,TED SANDERCOCK,BRUCE Cheque No. Cheque Date Purpose 323478 22- Oct -2008 ADVERTISING 323647 29- Oct -2008 MATERIALS 323646 29 -Oct -2008 MATERIALS 323479 22- Oct -2008 CONTRACT SERVICES 323649 29- Oct -2008 MATERIALS 323648 29- Oct -2008 TRAVEUMILEAGE 323481 22- Oct -2008 MATERIALS 323820 05- Nov -2008 MATERIALS 323484 22 -Oct -2008 SERVICES 323482 22- Oct -2008 MEMBERSHIP 323483 22 -Oct -2008 CONTRACT SERVICES 323650 29 -Oct -2008 CONTRACT SERVICES 323485 22 -Oct -2008 REFUND DAMAGE DEPOSIT 323544 23- Oct -2008 MATERIALS 323821 05- Nov -2008 SERVICES 323651 29- Oct -2008 REFUND DAMAGE DEPOSIT 323652 29 -Oct -2008 REIMBURSEMENT FOR FOUNDATION 323653 29 -Oct -2008 CONTRACT CONVENTION CENTRE 323655 29- Oct -2008 CONTRACT SERVICES 323487 22- Oct -2008 CONTRACT SERVICES 323654 29- Oct -2008 CONTRACT SERVICES PROJECT SF 323486 22 -Oct -2008 MATERIALS 323488 22-Oct -2008 MATERIALS 323489 22- Oct -2008 CONTRACT SERVICES 323656 29- Oct -2008 CONTRACT 188 -07 BLACKBURN PART 323822 05- Nov -2008 CONTRACT 2007 181 -06 GRASSY BR( 323490 22 -Oct -2008 MATERIALS 323657 29- Oct -2008 MATERIALS 323491 22- Oct -2008 MATERIALS $100 GIFT CERTIFICATI 323714 03- Nov -2008 TRAVEL /MILEAGE 323492 22- Oct -2008 CONTRACT SERVICES 323823 05- Nov -2008 REFUND 6556 FLORA COURT CANC 323658 29 -Oct -2008 LEASES AND RENTS 323659 29 -Oct -2008 MATERIALS 323660 29- Oct -2008 MATERIALS- SAFETY SHOES 323493 22- Oct -2008 TRAVEL/MILEAGE 323494 22 -Oct -2008 CYLINDER RENTAL 323662 29 -Oct -2008 GRANT 323496 22 -Oct -2008 CONTRACT 2007 185 -06 MAPLE ST 323663 29 -Oct-2008 CONTRACT 2008- 186 -06 FIRST AVE U 323497 22- Oct -2008 COURIER 323664 29 -001 -2008 COURIER 323824 05- Nov -2008 COURIER 323502 22- Oct -2008 MATERIALS 323829 05- Nov -2008 MATERIALS 323504 22- Oct -2008 CONTRACT SERVICES 323665 29 -Oct -2008 STORES /INVENTORY 323825 05- Nov -2008 STORES /INVENTORY 323666 29 -Oct -2008 CONTRACT ASPHALT OVERLAY PHA 323667 29 -Oct -2008 REMITTANCE SEPTEMBER PREMIUI 323668 29 -Oct -2008 ADMINISTRATIVE REGISTRATION Fl 323498 22- Oct -2008 PAYROLL REMITTANCE 323499 22- Oct -2008 PAYROLL REMITTANCE 323669 29- Oct -2008 PAYROLL REMITTANCE 323670 29 -Oct -2008 PAYROLL REMITTANCE 323826 05- Nov -2008 PAYROLL REMITTANCE 323827 05- Nov -2008 PAYROLL REMITTANCE 323500 22 -Oct -2008 CELEBRATE OLD DOWNTOWN Wire tsfr 20- Oct -2008 TAX LEVY Wire tsfr 20 -Oct -2008 WASTE COLLECTION OCT -DEC Wire tsfr 31 -Oct -2008 WATERIWASTEWATER SEPT 323501 22 -Oct -2008 MATERIALS 323671 29 -Oct -2008 CONTRACT SERVICES 323828 05- Nov -2008 ADMINISTRATIVE EMERGENCY OPE 323672 29 -Oct -2008 ADMINISTRATIVE 323673 29 -Oct -2008 MATERIALS 323675 29- Oct -2008 REFUND REQUEST FOR RECONSID 323831 05- Nov -2008 REFUND 323503 22- Oct -2008 SERVICES 323505 22- Oct -2008 CONTRACT 2007 -02 SIDEWALK CO 323676 29- Oct -2008 CONTRACT SERVICES 323832 05- Nov -2008 MATERIALS 323546 28-Oct -2008 TRAVEUMILEAGE 323715 03- Nov -2008 TRAVEL/MILEAGE AMO CONFERENC 323677 29 -Oct -2008 MATERIALS Page 5 of 7 Amount 558.60 2.545.33 12, 870.87 2,079.00 1.226.05 35.00 693.20 5,540.51 2,825.00 918.75 2,136.75 2,992.50 750.00 40.00 17.15 750.00 325.78 16,496.93 198.69 224.70 31.50 50.00 48.32 1,029.20 1,542.88 999.05 1,018.62 504.00 100.00 504.60 6,783.00 364.32 569.10 1,196.84 150.00 62.50 176.37 26,175.08 9,336.52 462,727.72 118.17 88.25 122.16 67.49 1,711.10 8,057.69 92.21 943.90 493,498.92 1,386.86 3,969.00 188,443.48 261.90 174,281.64 229.70 183,797.68 229.70 300.00 15,352,695.50 1,541,190.83 1,733,569.64 8,369.18 819.00 300.00 1,239.00 1,277.80 1,530.35 128.60 3,417.71 5,250.00 7,805.32 40.00 1,155.00 504.60 112.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SCHNARR,DAVID SHAHEEN PEAKER LTD SICO INC SIGNATURE SIGNS SILLS,JOHN FREDERICK SMITH,LEE SPEARE SEEDS ST JOHN AMBULANCE ST PAUL HIGH SCHOOL STAMFORD COLLEGIATE STAMFORD HOME HARDWARE STEED EVANS LIMITED STEVENSVILLE LAWN SERVICE INC STOKES,R.M. STORAGE NIAGARA STRANGES,LOU STRATEGY CORP STRESS CRETE LIMITED SULLIVAN MAHONEY SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD TAKE FIVE ADVERTISING TALK WIRELESS INC TARTAGLIA,CARMEN ANNA& DIPIETRO, SALVATORE MARY TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TECHNICAL STANDARDS SAFETY AUTHORITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE TRAILER SHOP THYSSENKRUPP ELEVATOR TREASURE HOUSE IMPORTS LTD TRENDLE,B. TREVOR P GARWOOD -JONES ARCHITECT INC TSH ENGINEERS PLANNERS UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC USVALDO,MICHAEL V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VALEO,SALVATORE VANDER WEYDEN CONSTRUCTION VERNON DIRECTORIES VIC VATRT CONTRACTING LTD VIC VATRT CONTRACTING LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER DIGGON LTD WATERS,RON WATSON ASSOCIATES ECONOMISTS LTD WAYNE SAFETY INC WEAVER,DON WESTLANE SECONDARY SCHOOL WHEELER SUE WHITE OAKS FITNESS RACQUET CLUB WILSON,LISA WILSON,SUZANNE M WILSON,TOM Cheque No. Cheque Date Purpose 323506 22 -Oct -2008 REFUND DAMAGE DEPOSIT 323834 05- Nov -2008 CONTRACT SERVICES 323508 22 -Oct -2008 STORES /INVENTORY 323509 22 -Oct -2008 MATERIALS 323510 22 -Oct -2008 REFUND TAX OVERPAYMENT 323511 22 -Oct -2008 PETTY CASH 323678 29- Oct -2008 MATERIALS 323680 29- Oct -2008 GRANT 323838 05- Nov -2008 MATERIALS 323835 05- Nov -2008 MATERIALS 323513 22- Oct -2008 MATERIALS 323836 05- Nov -2008 CONTRACT 2007 158 -05 VICTORIA 323679 29- Oct -2008 CONTRACT TR 11 -2007 GARNER PAF 323837 05- Nov -2008 PROCESSING OF TRILLIUM AWARDS 323514 22- Oct -2008 MATERIALS 323515 22 -Oct -2008 TRAVEUMILEAGE 323516 22 -Oct -2008 CONSULTING SERVICES 323839 05 -Nov -2008 STORES /INVENTORY 323840 05- Nov -2008 CONTRACT SERVICES 323841 05- Nov -2008 ADMINISTRATIVE 323517 22 -Oct -2008 FUEL 323518 22 -Oct -2008 FUEL 323682 29- Oct -2008 MATERIALS 323519 22- Oct -2008 MATERIALS 323520 22- Oct -2008 MATERIALS 323521 22 -Oct -2008 COMMERCIAL BUILDING FACADE IP 323683 29- Oct -2008 WATER 323684 29- Oct -2008 LICENSE RENEWAL 323842 05- Nov -2008 LICENSE RENEWAL 323523 22- Oct -2008 MATERIALS 323524 22- Oct -2008 SERVICES 323843 05- Nov -2008 MATERIALS 323844 05- Nov -2008 SERVICES 323685 29- Oct -2008 MATERIALS 323526 22- Oct -2008 MATERIALS PIETRANGELOTKEDZIEI 323686 29- Oct -2008 MATERIALS BANK TABS 323845 05- Nov -2008 MATERIALS 323687 29- Oct -2008 MATERIALS 323527 22 -Oct -2008 CONTRACT SERVICES 323688 29- Oct -2008 MATERIALS 323847 05- Nov -2008 ADMINISTRATIVE 323689 29 -Oct -2008 CONTRACT SERVICES 323690 29- Oct -2008 CONTRACT SERVICES PEOPLE MO' 323691 29 -Oct -2008 STORES /INVENTORY 323692 29- Oct -2008 PAYROLL REMITTANCE 323528 22- Oct -2008 CONTRACT WARREN CREEK WATEF 323848 05- Nov -2008 CONSULTING SERVICES 323529 22 -Oct -2008 CONTRACT SERVICES 323694 29 -Oct -2008 CONTRACT SERVICES 323695 29- Oct -2008 REFUND 323531 22- Oct -2008 CONTRACT GARNER SW GRAV SEW 323697 29 -Oct -2008 CONTRACT GRANER SW SAN /PUMP 323698 29- Oct -2008 CONTRACT MCLEOD RIDEAU 323530 22 -Oct -2008 REFUND SERVICE DEPOSIT 323849 05- Nov -2008 CONTRACT DEMOLITION OF 7964 B 323696 29- Oct -2008 MATERIALS 323532 22- Oct -2008 CONTRACT 2008- 194 -07 WELLAND 323850 05- Nov -2008 CONTRACT 2008- 194 -07 WELLAND A' 323534 22 -Oct -2008 CONTRACT SERVICES 323701 29 -Oct -2008 CONTRACT SERVICES 323852 05- Nov -2008 CONTRACT SERVICES 323533 22 -Oct -2008 MATERIALS 323699 29 -Oct -2008 MATERIALS 323851 05- Nov -2008 MATERIALS 323700 29- Oct -2008 REFUND DAMAGE DEPOSIT 323535 22 -Oct -2008 MATERIALS SAFETY SHOES 323702 29 -Oct -2008 CONSULTING SERVICES 323853 05- Nov -2008 STORES /INVENTORY 323854 05- Nov -2008 DAYS OF ELVIS TRUCK RENTAL 323855 05- Nov -2008 MATERIALS 323536 22- Oct -2008 TRAVEUMILEAGE 323703 29- Oct -2008 MATERIALS 323537 22- Oct -2008 TRAIL DEVELOPMENT EXPENSES 323538 22- Oct -2008 REFUND OVERPAYMENT OF PARKIN 323704 29- Oct -2008 REFUND Page 6 of 7 Amount 750.00 5,874.86 1,526.75 3,067.95 702.00 249.79 4,101.90 2,708.33 40.00 40.00 3,666.85 6,181.95 14,765.32 50.00 96.05 68.50 7,875.04 11,539.56 2,824.09 270,795.58 1,580.27 95,035.84 533.48 100.00 349.80 7,478.55 40.00 100.00 100.00 264.99 5,206.12 212.97 220.35 212.18 332.22 243.52 45.20 3,170.21 268.80 4,074.00 45.00 4,582.20 469.39 212.36 1,427.50 703.50 4,987.40 2,395.31 23,214.53 250.00 1,521.45 160,815.96 1,309,383.64 750.00 6,273.75 5,818.37 68,085.69 25,520.48 563.16 49.04 55.87 2,359.03 1,715.10 6,735.68 750.00 150.00 9,344.74 576.30 262.22 40.00 36.00 1,200.00 175.97 20.00 250.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WIMBUSH,ROB WINDSOR FACTORY SUPPLY LTD. WINGER,TERRI WINTER FESTIVAL OF LIGHTS WISSIAK,GERHARD F WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WSIB YELLOW PAGES GROUP YMCA YMCA YMCA YWCA ST CATHARINES ZERO GRAVITY CIRCUS PRODUCTIONS INC Cheque No. Cheque Date 323539 22- Oct -2008 323540 22- Oct -2008 323856 05- Nov -2008 323705 29- Oct -2008 323541 22 -Oct -2008 323706 29 -Oct -2008 323707 29 -Oct -2008 323857 05- Nov -2008 323542 22- Oct -2008 323543 22- Oct -2008 323708 29- Oct -2008 323858 05- Nov -2008 323709 29- Oct -2008 323859 05- Nov -2008 Page 7 of 7 Purpose Amount MATERIALS COURSE ATTENDANCE STORES /INVENTORY CONTRACT SERVICES CARETAKER GRANT REFUND ON PARKING INFRACTION GRANT ADMINISTRATIVE SCHEDULE 2 INV( ADMINISTRATIVE SCHEDULE 2 I NV( SERVICES MATERIALS CONTRACT SERVICES MATERIALS GRANT CONTRACT SERVICES 45.00 440.34 65.00 31,666.67 51.00 2,083.33 32,170.49 1,908.91 45.94 597.08 2,348.95 6.739.77 5,286.50 708.75 Total 25,064,968.03 December 1, 2t 0c• L- 2008 -42 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -42 Release of Restrictive Covenants 6085 Wildrose Crescent Our File No.: 2008 -251 RECOMMENDATION: BACKGROUND: Recommended by: Approved by: K. Beaman /L. Banks NiagaraJalls CANADA That the release of restrictive covenants registered on title to the property known municipally as 6085 Wildrose Crescent "subject lands is hereby approved and authorized. In 1979 The Corporation of the City of Niagara Falls (the "City entered into an Agreement with Ten Partners Limited, registered as Instrument Number LT16581 Z, with respect to the subject lands as shown on Attachment "1 The purpose of the Agreement, a copy of which is attached as Attachment "2 was to annex certain conditions and restrictions to the subject lands. Upon circulation to various City departments of a request to release the restrictive covenants, Municipal Works advises that said restrictive covenants registered as Instrument Number LT16581Z can be released. Therefore, Legal Services recommends that the Agreement be released from title to the subject lands, at no cost to the City. Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services 0 ueeni§trreet Pe"Bo Working Together to Serve Our Community Corporate Services Department Legal Services 6 4443036 1 9 .1 00v Y 4443002 4410 4300 44300 4443002 64443002 644430067 0 644430058 644430068 6444 }0069 6444}00 64 S ��S WILDROSE CRESCENT TEPANEU Te raview 15 30 45 60 75 90 metres Oct 22, 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) TO THE LAND REGISTRAR AT WELLAND: DATED the 12th day of September, 1979. THE LAND TITLES ACT (Section 129) r P TEN PARTNERS DEVELOPMENT LIMITED, a company incorporated under the laws of the Province of Ontario and having its head office in the City of St. Catharines in the Regional Municipality of Niagara, the registered owner of the land entered in the register for Parcel Plan -1, Section M 77 at the Land Registry office for the Land Titles Division of Niagara South, No. 59, requests the Land Registrar to register as annexed to the land the covenants, a copy of which is filed herewith, and which are to be annexed to the land hereinafter particularly described, namely:- ALL SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the City of Niagara Falls in the Regional kfunicipalit of Niagara and being composed of the whole of Lots 1 to 15 i d Block A according to a Plan filed in the Land Titles Office for Niagara South as Plan M 77 TEN PARTNERS DEVELOPMENT LIMITED tt r z uJ 2 g 0 q ia e COVENANTS THAT RUN WITH THE TO THE CORPORATION OF THE CITY OF NIAGARA FALLS. IN CONSIDERATION of other good and valuable consideration and the sum of ONE ($1.00) DOLLAR, TEN PARTNERS DEVELOPMENT LIMITED agrees to assume the burden of the following covenants, the burden of which shall run with each of the lots described as follows:- ALL AND SINGULAR that certain parcel or tract of land lying and being in the City of Niagara Falls in the Regional MuniglSty of pal Niagara and being composed of the whole of Lots 1 to 155 inclusive/and f g Block'A', according to a Plan filed in the Land Titles Office for Niagara South as Plan M 77 until the 14th day of August 1999, and the benefit shall run with each part of the land now owned by the City of Niagara Falls, being "ALL AND SINGULAR" that certain parcel or tract of land and premises, situate, lying and being in the City of Niagara Falls in the Regional Municipality of Niagara and being composed of Alex Avenue, Crimson Drive,Lakew!•od Wildrose Crescent, Trillium Crescent, Sandy Court and Blocks C D Cresc nt (Public Walkways), according to a plan filed in the Land Titles Office for Niagara South as Plan M 77 These covenants shall be binding upon the owners of the lands from time to time, their heirs, executors, administrators, successors and assigns and shall enure to the benefit of The Corporation of the City of Niagara Falls, its successors and assigns. The owner of the land shall keep and maintain his driveway entrance or entrances from the travelled portion of the streets to the lot line in good condition until the concrete sidewalk, concrete curbs and /or asphalt roadways for streets are constructed. TEN PARTNERS DEVELOPMENT LIMITED Pe Per: December 1, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraf'alls CANADA Re: PD- 2008 -112 PLC 2008 -02, Request for Removal of Part Lot Control Block 43, Registered Plan 59M -251 6387 -6399 Pinestone Road (Neighbourhoods of St. David's) Owner: Walker Community Development Corporation PD- 2008 -112 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 43, Registered Plan 59M -251, described as Parts 1 to 14 (inclusive), Reference Plan 59R- 13593, as exempt from Part Lot Control. 2. That the owner be given two years to create the individual parcels and notify the City when the separate deeds have been registered. BACKGROUND: Walker Community Development Corporation has submitted a request to remove property on the northeast side of the Pinestone Road cul -de -sac, west of St. Paul Avenue and north of Mountain Road, from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the Neighbourhoods of St. David's plan of subdivision (59M -251) that was registered in 1998. The subdivision contains a mix of single- detached dwellings and on- street townhouses. Services have been provided throughout the plan. Building permits were issued in October 2004 on the subject land for the on- street townhouse dwelling containing 4 units. The structure foundations and proposed property configuration is shown on the attached Reference Plan 59R -13593 (Schedule 2). Council passed By -law No. 2003 -202 on December 8, 2003 to remove this property as well as additional land within the subdivision from Part Lot Control. This existing by -law is valid for 5 years from the date of p.ssage and is about to expire. The land is zoned Residential 0 Queen Street PO Box»23 Niagara Falls, OR Canada L2E 6X5 905- 356 -7521 www:niagarafalls:ca Working Together to Serve Our Community Community Services Department Planning Development December 1, 2008 2 PD-2008-112 Mixed (R3 -430) through Zoning By -law No. 79 -200, as amended. Site specific Zoning By- law No. 97 -174 applies to the land to permit the on- street townhouse dwelling units subject to detailed development standards. Approval of a new Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. The proposed parcel containing the unit addressed as 6387 Pinestone Road also includes Part 15 on Reference Plan 59R -13593 (part of Block 54 within the subdivision) which was divided through a Part Lot Control by -law approved by Council in February 2007. A by -law time limit of two years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to allow separate ownership of each on- street townhouse dwelling unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Recommended by: Approved by: R.Wilson:mb Attach. Alex Herlovitch, Director of Planning Development Ed Dujlovic, l`xecutive Director of Community Services S:PDR120081PD- 2008 -112, PLC 2008 -02, Walker Community Development, Block 43 Pinestone Road.wpd Walker Community Development Corporation October 30th, 2008 Mr. Rick Wilson Planning Department City of Niagara Falls 4310 Queen Street Niagara Falls, ON Dear Mr. Wilson, Further to our discussions regarding the expiration of By -Law No. 2003 -202, we would like to request that Block 43 of Registered Plan 59M -251 be exempt from part lot control. The enclosed Reference Plan prepared by Mathew, Cameron, Heywood indicates the proposed Parts for these Lots. Please find enclosed the application fee of $250.00. If you have any questions, please contact the undersigned. Yours sincerely, P.O. Box 100, Thorold, Ontario L2V 3Y8 Tel: (905) 680 -1900 Fax: (905)680 -1916 www.walkerind.com Re: Neighbourhoods of St. David's Application for Part Lot Control By -Law oseph M. Tomaino, M.C.I.P., R.P.P. Development Manager OCT 3 1 2008 Planning wnnetl File:. walker industries RECEIVED PLANNING DEVELOPMENT Removal of Part Lot Control Block 43, Registered Plan 59M -251 6387 -6399 Pinestone Road Subject Land SCHEDULE 1 Location Map November 2008 SCHEDULE 2 December 1, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -57 Parking and Traffic By -law 89 -2000 Various Updates to Schedules NiagaraJalls C A N A D A RECOMMENDATION: That the parking and traffic by -law updates be approved to reflect existing field conditions. BACKGROUND: As a housekeeping matter, a number of updates are required for various schedules in Parking and Traffic By -law 89 -2000 to correspond with existing field signage. The By -law appearing on tonight's agenda pertains to existing regulatory controls on Culp Street, Dawson Street, Dorchester Road, Dunn Street, Ellis Street, Forest Glen Drive, Kalar Road, Leonard Avenue, Lowell Avenue, St. Lawrence Avenue, St. Paul Avenue and Windemere Road. Recommended by: Approved by: J. Grubich /C Karl Dren, Direct or of Transportation Services d Dujlovic, Executive Director of Community Services S: \General Administration GA 1.01 Reports\2008 Council \12 Dec 1112 Dec 1\TS- 2008 -57 By -law Update.wpd TS- 2008 -57 0 Queen'Street PO "Box 1023 Niagara Falls ON, Canada'L2E. 6X5 '905- 356 -7521 wwwnia.arafalls.ca Working Together to Serve Our Community ommunity Services Department Transportation Services December 1, 2008 TS- 2008 -58 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -58 Dunn Street Parking Review RECOMMENDATION: NiagaraJralls C A N A 0 A That a "no parking" restriction be installed on the south side of Dunn Street between a point 49 metres east of Locus Avenue and a point 68 metres east of Locus Avenue. BACKGROUND: The homeowner at 6094 Dunn Street has asked Staff to extend a recently installed parking restriction to encompass the frontage of his property. The reason for this request is to keep the space in front of his home clear and unobstructed to allow the bus driver to temporarily stop on Dunn Street to board and alight his special needs' child. Staff carried out a parking review in summer 2008 to investigate whether a parking restriction was required based on safety concerns. The study resulted in corner parking restrictions to be installed on Dunn Street within the intersection of Locus Avenue. Standing prohibitions were installed at transit stops. Motorists that had parked in these areas have shifted their parking habits east of the newly implemented parking controls and are now parking in front of 6094 Dunn Street. It has been noted that customers of two nearby businesses park on the street rather than on the parking spaces provided behind the buildings. As a result, the bus driver has been using the driveway for pick ups and drop offs which can become onerous when the driver is attempting to leave the property by reversing back onto Dunn Street with parked cars present on both sides of the driveway. Staff has investigated the request and have determined that a parking restriction can be installed from the transit stop easterly to the next hydro pole, which is at the east limit of the property. The homeowner is agreeable in the length of the extension as it will provide the necessary space on Dunn Street for the bus driver to stop to board /alight the child. The limits of the proposed parking restriction will encompass the subject home only. er. oQueenStreetp0V6oz=7023rNia araFaIIs 0N7Canada"L2E6X5 90535645 Working Together to Serve Our Community Community Services Department Transportation Services December 1, 2008 2 TS- 2008 -58 Therefore, it is recommended that a parking restriction be implemented on the south side of Dunn Street between a point 49 metres east of Locus Avenue and a point 68 metres eastof Locus Avenue. Recommended by: Approved by: c Karl Dren, Director of Transportation .Services g y,...- Ed Dujlovic, Executive Director of Community Services J. Grubich S:1General Administration\GA 1.01 Reports12008 Council112 Dec 1112 Dec 11TS- 2008 -58 Dunn Street Parking Review.wpd c c c U O U -L 1... V N i it= N cn C c c 0 Y c Z a N Z h cm 0) Q c c o. d W I ID a N a 1) N c c d December 1, 2008 PD- 2008 -109 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj'alls C A N A D A Re: PD- 2008 -109 Request for Funding Under the Niagara Region's Pilot Public Domain Incentives Program for Historic Drummondville RECOMMENDATION: That Council support, by resolution, an application to the Regional Municipality of Niagara for funding assistance of $100,000 under their Pilot Public Domain Incentives Program to carry out streetscape improvements for Historic Drummondville in 2009. BACKGROUND: The Regional Municipality of Niagara is providing all area municipalities with an opportunity to apply for funds as part of a Pilot Public Domain Incentives Program. This is the second year of the program. The funds for this program are derived from the Region's Smarter Niagara Incentives Program. The Region has capped the funding with area municipalities being able to apply for a maximum amount of $100,000. The Regional Program contains certain eligibility guidelines including the following: the project must be a public realm improvement included within a community improvement plan; priority will be given for streetscape improvement projects; the project design must be in compliance with urban design guidelines; and preference will be given to projects which include heritage and /or public art components and for partnership projects. The City is well positioned to apply for funds under this program as all of the eligibility guidelines can be satisfied. Council recently adopted Report PD- 2008 -89 which proposed a revised infrastructure and. streetscape improvement program for the Historic Drummondville CIP area. The stree work will include new heritage street lighting and signage, sidewalk improv ,_-,Wand plantings, benches, litter receptacles and banners. :3!v 0 Quean:5t'r "eet PO Box9023 araF&k Working Together to Serve Our Community Community Services Department Planning Development December 1, 2008 2 PD- 2008 -109 The streets to be improved and projected costs for the streetscaping are as follows: Ferry Street from Temperance Avenue to Stanley Avenue $270,000 Ferry Street from Main Street to Temperance Avenue $200,000 Main Street from Ferry Street to Robinson Street $360,000 Lundy's Lane from Main Street to Drummond Road $120,000 Total $950,000 The streetscape improvements are proposed to be phased in between 2009 and 2011. Shared financing of the improvements is proposed as: $650,000 from 2009 -2011 Capital Works Budget (subject to approval) $200,000 from Main and Ferry BIA $100,000 from Region Although the 2009 Capital Works Budget is not yet approved, it is necessary to apply for Regional funding before December 30, 2008 to be eligible for consideration. CONCLUSION: The $100,000 from the Niagara Region is an important component of the streetscaping funding for the Main and Ferry area. A resolution is needed to support the City's application. Recommended by: Approved by: B.Bolibruck 1 Alex Herlovitch, Dir r of Planning Development Ed Dujlovic, E erector of Community Services S:1PDR120081PD- 2008 -109, Request Funding Under Region's Pilot Public Domain Incentives Program.wpd No. Moved by Councillor Seconded by Councillor The City of Niagara Falls, Ontario Resolution December 1, 2008 WHEREAS the Regional Municipality of Niagara (the Region) approved the Public Domain Incentives Program; and WHEREAS the pilot is a part of the Region's Smarter Niagara Incentives program; and WHEREAS municipalities that have a Community Improvement Plan (CIP) in place and are participating in the Smarter Niagara Incentives program can apply for funding to a maximum amount of $100,000; and WHEREAS the eligibility guidelines for the Public Domain Incentives Program indicate that to be available for funding a project must be a public realm improvement included within a CIP; and WHEREAS priority will be given to streetscape improvement projects; and WHEREAS Niagara Falls City Council adopted the Historic Drummondville CIP in 2006; and WHEREAS integral to the Historic Drummondville CIP are Streetscape Improvements; and WHEREAS the Main Ferry Business Improvement Area (BIA) has committed $200,000 to streetscape improvements and the project is identified in the City's Capital Budget. THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for funding under the Public Domain Incentives Program for the Streetscape Improvements for Historic Drummondville. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR December 1, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -66 QEW Mountain Road to HWY 420 Environmental Assessment RECOMMENDATIONS: BACKGROUND: NiagaraJ7alls CANADA 1) That a resolution be forwarded to the Minister of Transportation of Ontario, requesting the study area for the QEW widening Environmental Assessment be extended to a point south of McLeod Road; and, 2) That the Region of Niagara offers support of this motion by forwarding a similar motion to the Minister of Transportation of Ontario. The Ministry of Transportation (MTO) has undertaken an Environmental Assessment for the potential QEW widening between Mountain Road and Highway 420, including interchange improvements. An agency and public meeting was held on November6, 2008 to display the information and obtain input from agencies and the public. Upon review of the information, staff is of the opinion that the study area has not been extended far enough and that the Environmental Assessment review area should be extended to a point just south of McLeod Road. The reason for this request is due to several factors outlined below. Traffic operations on the QEW have a direct impact on Regional and City roads. Periods of congestion on Hwy 420, result in vehicle queues extending from the Rainbow Bridge to the QEW off ramps. The extension of the Environmental Assessment to McLeod Road would not only assess whether additional lanes are required on the QEW southerly to McLeod Road, but also include a formal, implementation plan for Intelligent Transportation Systems (variable message signing) along this corridor that may assist during these peak periods of congestion and reduce crash potential. Furthermore, the Region of Niagara is currently undertaking an Environmental Assessment of McLeod Road; It would appear that an extension to the MTO EA would tie in naturally to the Regions initiatives on McLeod Road, where the MTO has identified the necessity ,for;,: ramp improvements due to pending and potential OQueenStieet .0: oa11023 'Ma ara Falls' ON Working Together to Serve Our Community TS- 2008 -66 Community Services Department Transportation Services December 1, 2008 developments along the McLeod Road corridor. The area south of McLeod Road is the focus of future growth in the City over the long term with the Warren Woods and Thundering Waters secondary plan areas. In the short term, significant developments in the QEW /McLeod quadrant as well as in the southern part of the Fallsview tourist area are likely to come on stream. These include the Convention Centre, the proposed WalMart by Smart Centres, the Villarboit development of the lands at Montrose and McLeod as well as future expansions to Niagara Square. In addition to known developments, and given the potential for future developments in this quadrant, it is foreseeable that infrastructure improvements and /or additional transportation management strategies may be required and evaluated at this time, as part of the QEW EA. The expansion of the QEW also plays a key role in the development of the City as part of the Gateway Economic Zone (GEZ) as shown in the Growth Plan for the Greater Golden Horseshoe. The GEZ is an area that encompasses the urban areas of Niagara Falls and Fort Erie and is to capitalize on its proximity to the border in terms of movement of goods, cross border trade and tourism. The GEZ is currently part of a study being undertaken on behalf of the Province and Region. City staff have been collaborating on this study and have been promoting the QEW corridor as a major contributor to the economic future of the area with respect to trade and the movement of goods. The inclusion of the QEW south of the 420 is essential to the future economic development of the southern part of the City within the GEZ. Although it is recognized that the MTO will be carrying out a separate feasibility study from Hwy 420 to south of McLeod Road, operations along this entire corridor should be considered as a whole as opposed to two separate studies. Recommended by: Approved by: 2 TS- 2008 -66 Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services M.Carrick/J.Barnsley S: \General Administration\GA 1.01 Reports\2008 Council \12 Dec 1\TS- 2008 -66 QEW EA Extension.wpd The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Ministry of Transportation (MTO) has undertaken an Environmental Assessment (EA) for the potential widening of the Queen Elizabeth Way (QEW) highway between Mountain Road and Highway 420; and WHEREAS traffic operations on the entire QEW within Niagara Falls, have a direct impact on Regional and municipal roads throughout the municipality; and WHEREAS the results of the EA will affect traffic patterns, congestion and economic viability in the community; and WHEREAS failing to consider the McLeod Road interchange in the EA is short- sighted; and WHEREAS the QEW/ McLeod quadrant is currently a hub of commercial, residential and recreational activity; and WHEREAS the QEW/ McLeod quadrant and south will see increased commercial development and growth in the near future; and WHEREAS expansion of the QEW, all the way to Fort Erie, plays a key role in the development of the Gateway Economic Zone (GEZ) as shown in the Growth Plan for the Greater Golden Horseshoe; and WHEREAS the GEZ is currently part of a study being undertaken on behalf of the Province and Region; and WHEREAS the Regional Municipality of Niagara has recognized the importance of the Regional road (McLeod) and have undertaken their own EA; and WHEREAS the MTO have identified the need for ramp improvements due to pending and potential developments along the McLeod Road corridor; and WHEREAS in light of the various on -going studies that recognize the importance of the QEW/ McLeod Road quadrant, extending the MTO's EA to a point south of McLeod Road is prudent; and WHEREAS having the EA look at the QEW in our entire community will potentially deal with alleviation of congestion on Highway 420, in the summer months, a formal implementation plan for variable message signage and appropriate traffic patterns in our municipality. THEREFORE BE IT RESOLVED that the Ministry of Transportation be respectfully requested to extend the study area for the Environmental Assessment widening the QEW to a point south of McLeod Road; and FURTHER BE IT RESOLVED that the Regional Municipality of Niagara be respectfully requested to support this resolution or forward a similar resolution of their own to the Ministry of Transportation. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third part ies for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008. December 1, 2008. December 1, 2008. CITY OF NIAGARA FALLS By -law No. 2008 1. Parking By -law Enforcement Officers: Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desonneaux Bob DiGirolamo 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 A by -law to authorize an Application General to amend the register to release an Agreement registered as Instrument Number LT16581Z. WHEREAS the Agreement registered in 1979 as Instrument Number LT16581Z 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 Application General to amend the register to release the Agreement registered as Instrument Number LT16581Z, 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 first day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008. December 1, 2008. December 1, 2008. CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish part Township Lot 150 Stamford 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 OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part Township Lot 150 Stamford designated as Part 2 on Reference Plan 59R- 13759, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said part Township Lot 150 Stamford designated as Part 2 on Reference Plan 59R- 13759, that is hereby established as a public highway, be known as and form part of Kalar Road. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008. December 1, 2008. December 1, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to require owners of residential dwelling units, hotels, and boarding, lodging or rooming houses to install and maintain carbon monoxide warning equipment. WHEREAS the Municipal Act 2001, S.O. 2001, c.25 as amended, provides that a municipality has the authority to enact by -laws for the safety of persons and the protection of persons and property; WHEREAS the Municipal Act 2001, S.O. 2001, c.25 as amended, provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by -law; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that the health and safety of persons and property within Niagara Falls would be enhanced by the mandatory installation of carbon monoxide alarms. AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by -law of the municipality is guilty of an offence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: i. Definitions: 1.1 `Boarding, lodging or rooming house" means a building: (a) that has a building height not exceeding three storeys and a building area not exceeding 600 square metres; (b) in which lodging is provided for more than four persons in return for remuneration or for the provision of services or for both; and (c) in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants. 1.2 "City" means The Corporation of the City of Niagara Falls. 1.3 "carbon monoxide alarm" means a combined carbon monoxide detector and audible alarm device that: (a) is designed to sound an audible alarm upon detection of excessive concentrations of carbon monoxide; -2- (b) conforms with ULC 2034 "Single and Multiple Station Carbon Monoxide Detectors" or CAN /CGA -6.19 "Residential Carbon Monoxide Detectors and (c) where connected permanently to an electrical circuit shall have no disconnect switch between the overcurrent device and the carbon monoxide detector. 1.4 "dwelling unit" means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. 1.5 "Fire Prevention Officer" means a member of the Fire Prevention Bureau of the Niagara Falls Fire Services and includes the Fire Chief and any member of the Niagara Falls Fire Services designated by the Fire Chief as an assistant to the Fire Marshall. 1.6 "fuel burning appliance" means a device that burns solid, liquid or gaseous fuel or a combination thereof. 1.7 "hotel" means floor areas, a floor area or part of a floor area that contains four or more suites and that provides sleeping accommodation for the travelling public and recreational purposes. 1.8 "owner" means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons inside the building or property and the "owner" of a dwelling includes, without limitation, any person for the time being managing or receiving the rent of the dwelling, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if the dwelling were let. Without limitation, the term includes a lessee or occupant who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for its maintenance and occupancy. 1.9 "suite" means a single room or series of rooms of complementary use, operated under a single tenancy, and includes dwelling units, individual guest rooms in motels, hotels, boarding houses, rooming houses and dormitories. THE REGULATIONS 2. Installation of Carbon Monoxide Alarms: 2.1 All carbon monoxide alarms shall be installed in accordance with the manufacturer's installation instructions. 2.2 All carbon monoxide alarms shall be located so that accidental operation will not be caused by jarring or vibration. 2.3 2.4 2.5 2.6 -3- All carbon monoxide alarms shall be tested in accordance with the manufacturer's instructions to ensure operation after installation. All carbon monoxide alarms shall be restored to their normal mode of operation after each alarm or test. In the case of rental properties the landlord shall provide a copy of the carbon monoxide manufacturer's maintenance instructions to the tenant of each rental dwelling unit. In the alternative to subsection 2.3 above, the owner shall ensure that a minimum of one carbon monoxide alarm is centrally located outside each separate sleeping area in the immediate vicinity of the bedrooms in accordance with the provisions of this by -law: (a) each dwelling unit containing a fuel burning appliance; (b) each dwelling unit containing an accessible entry from the dwelling to an attached garage; (c) each dwelling unit located on the same floor level as a fuel burning appliance; (d) each dwelling unit located on the first and second floor levels of the building above a floor containing a fuel burning appliance; and (e) at the access doorway between a dwelling and its attached underground parking garage on the residential occupancy side. 2.7 All alarm sound appliances shall have a minimum rating of 85 dBA at three metres. When alarm notification appliances for the hearing impaired are provided, each initiating device shall cause the operation of a visible alarm signal or the operation of a listed tactile notification appliance. Failure to comply with this subsection constitutes an offence. 2.8 Carbon monoxide alarms shall be maintained in operating condition by the owner. For the purposes of this subsection, in rental dwelling units, the landlord is deemed to be the owner. No person shall intentionally disable a carbon monoxide alarm so as to make in inoperable. Failure to comply with this subsection constitutes an offence. 2.9 The owner shall ensure that all power supplies servicing a carbon monoxide alarm have sufficient capacity to operate the alarm signal for at least 12 continuous hours, 3. Duty of Owner: 3.1 It shall be the duty of every owner to comply with the regulations set out in section 3 of this by -law. 4. Enforcement: 4.1 The Fire Chief, all Fire Prevention Officers and all assistants to the Fire Marshall designated by the Fire Chief are appointed for the purpose of administering and enforcing this by -law. 5. Offences and Penalties: 5.1 No person shall hinder, obstruct or interfere with a person duly appointed to enforce this by- law in the exercise of his or her powers and duties. 5.2 Any person who contravenes any provision of this by -law is guilty of an offence and upon 6. General: 6.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 6.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 6.3 This by -law may be cited as "The Carbon Monoxide Alarm By- law 6.4 This by -law shall come into force and effect on the day it is passed. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: conviction is liable to a fine of up to Five Thousand Dollars ($5,000.00). December 1, 2008. December 1, 2008. December 1, 2008. -4- A by -law to amend By -law No, 79 -200, to permit the erection of a building or structure on the Lands for the purpose of a use permitted by the RI E zone, a site specific RI E zone and a site specific R5B zone. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. The permitted uses of the Lands shall be: (a) CITY OF NIAGARA FALLS By -law No. 2008 The uses permitted in a R1E zone on the portions of the Lands zoned R 1 E and R1E- 846. (b) The uses permitted in a R4 and R5B zone on the portion of the Lands zoned R5B- 8471 5. The regulations governing the permitted R 1 E uses on the portion of the Lands zoned R1E shall be the regulations specified for a R1E use. 6. The regulations governing the permitted RI E uses on the portion of the Lands zoned R1E- 846 shall be: (a) Minimum lot area for an interior lot: 300 square metres (b) Minimum lot area for a corner lot: 365 square metres (c) Minimum lot frontage for an interior lot: 9.15 metres (d) Minimum lot frontage for a corner lot: 10.95 metres (e) Minimum interior side yard width for a 0.9 metres one storey, one and one -half storey and split level building: (f) Minimum interior side yard width for a building with two or more storeys: (a) (b) (c) (d) (e) -2- Minimum exterior side yard width: Maximum lot coverage: Minimum number of attached private garages: The balance of regulations specified for an RIE use. Minimum front yard depth for a townhouse dwelling: Minimum front yard depth for a an apartment dwelling: Minimum interior side yard width for a townhouse dwelling: Maximum lot coverage: The balance of regulations specified for an R4 use. (a) Minimum front yard depth: (b) Maximum height of building or structure: (c) The balance of regulations specified for an R5B use. 1.2 metres 3 metres 45% one 7. The regulations governing the permitted R4 uses on the portion of the Lands zoned R5B -847 shall be: 6 metres 7.5 metres 1.8 metres 40% 8. The regulations governing the permitted R5B uses on the portion of the Lands zoned R5B- 847 shall be: 7.5 metres 12.5 metres, subject to section 4.7 of By -law No. 79 -200 9. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this By-law shall be shown on Sheet B5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from DI-I to RIE, in part, RIE and numbered 846, in part, and R5B and numbered 847, in part. -3- 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.846 Refer to By -law No. 2008- 19.1.847 Refer to By -law No. 2008 Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land III y 6 0.24 P 14 9 149.56 m FORE; 09 .irw SI'D... 61.04 ,t1D■ ID 146.54 m 58.00 ttt 28.31 m 28.26 m 25.48 m 128.52 m 18.00 m 98.60 m 98A6 m 58.91 m 58.91 m Description: Part of Twp Lot 150 Stamford; Niagara Falls Applicant: River Realty Development (1976) Inc. Assessment #s: 272510000601850 K:\GIS_Requests\ 2008 Schedules VoningAM\AM -081maoolna.mao Amending Zoning By -law No. 79 -200 RIDEAU S7` N I:NTS AM- 2008 -008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant, and theatre or cinema. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By-Iaw No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Billiard or pool room (b) Exhibition hall (c) Pinball or electronic game machine establishment (d) Restaurant (e) Theatre or cinema 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth: 0 metres (b) Maximum lot coverage: 100 (c) Maximum floor area: 3442 square metres (d) Maximum floor area of all billiard or pool rooms: 91 square metres (e) Maximum floor area of all exhibition halls: 390 square metres (f) Maximum floor area of all pinball or electronic 900 square metres game machine establishments: -2- (g) Maximum seating in all restaurants: 330 seats (h) Maximum seating in the theatre or cinema: 40 seats (i) Parking and access requirements: none Q) Loading area requirements: one space, 8 metres long by 3 metres wide and a vertical clearance of 2.4 metres (k) The balance of regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 844. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.844 Refer to By -law No. 2008- Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land ifro 0 o re 1ti Description: Pt Lt 102 PI 1002 Town of Niagara Falls; Pt Lt 106 PI 1002 Town of Niagara Falls As In R0669735; Niagara Falls Applicant: 1720679 Ontario Limited Assessment #s: 272503000202000 K: \GIS_ Requests \2008\ Schedules \ZoningAMS1M- 25 \mapping.map Amending Zoning By -law No. 79 -200 I:NTS AM- 2008 -025 November 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the erection of a building or structure on the Lands for the purpose of a use permitted by the R2 zone. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: The uses permitted in an R2 zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage: 15 metres (b) The balance of regulations specified for an R2 use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from TRM to R2 and numbered 843. -2- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.843 Refer to By -law No. 2008- Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December I, 2008 December 1, 2008 SCHEDULE 1 TO BY -LAW No. 2008- Subject Land KER ST BARKER ST N 3 45.7 m I hraY 45.7 m Legal Description: Lt 71 P1 64 Stamford; Niagara Falls Applicant: Vijay Kapur Assessment #s: 272507001303800 K: \GIS_Requests\ 2008\ Schedules \zonIngAM\AM- 26 \mapping.map Amending Zoning By -law No. 79 -200 LNTS AM- 2008 -026 November 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to designate Block 43, Registered Plan 59M -251, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 97 -174 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said land wishes to create property lines between the existing on- street townhouse dwelling units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 43, Registered Plan 59M -251, described as Parts 1 to 14 (inclusive) on Reference Plan 59R- 13593, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 :1I SARA THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES /DAYS DIRECTION Kalar Road Forestview Boulevard/ 1.5 Metre Curb Lane At All Times Southbound Rideau Street and for Cyclists Only McLeod Road and Kalar Road McLeod Road and a point 1.5 Metre Curb Lane At All Times Northbound 105 metres south of for Cyclists Only Forestview Boulevard/ Rideau Street -2- This By -law shall come into force when the appropriate signs are installed. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 .t�V CITY OF I �,I l CANAD4 _NIAGARA FAQ THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited, Through Highways) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN COLUMN COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Dunn Street South A point 30 metres east of Locus Avenue and a At All Times Point 50 metres east of Locus Avenue Dunn Street North A point 10 metres east of Drummond Road and a At All Times point 30 metres east of Drummond Road Culp Street South Orchard Avenue and a point 28 metres At All Times west of Orchard Avenue Culp Street North Orchard Avenue and a point 22 metres At All Times east of Orchard Avenue COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN (3) -2- (2) by deleting from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED Culp St. North Main St. and Drummond Rd. At any time St. Paul Avenue West O'Neil Street to to a point 90m south At any time St. Paul Avenue West A point 20m north of Brock Street to a point At any time 30m south of Brock Street by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS COLUMN 1 COLUMN COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Lowell Avenue East Summer Street and a point 22 metres At All Times south of Summer Street Dawson Street North Dochester Road and a point 73 metres At All Times east of Dorchester Road Dunn Street South A point 35 metres west of Locus Avenue and At All Times a point 30 metres east of Locus Avenue Dunn Street North Locus Avenue and a point 30 mnetres At All Times West of Locus Avenue Culp Street South Orchard Avenue and a point 15 metres At All Times east of Orchard Avenue Culp Street North Drummond Road and Orchard Avenue At All Times Culp Street North Main Street and a point 22 metres At All Times east of Orchard Avenue Ellis Street South A point 25 metres east of Ontario Avenue At All Times and the east limit of Ellis Street Dorchester Road East Riall Street and a point 22 metres At All Times north of Riall Street St. Paul Avenue West O'Neil Street and a point 90 metres At All Times north of O'Neil Street St. Paul Avenue West Stamford Green Drive and a point 20 metres At All times north of Brock Street -3- (4) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Windemere Road East Isaac Street and a point 200 metres 7:00 a.m. to 4:30 p.m. north of Isaac Street Monday to Friday Dunn Street North Drummond Road and a point 10 metres At All Times east of Drummond Road Dunn Street North A point 30 metres east of Drummond Road and At All Times a point 52 metres east of Drummond Road Dunn Street South Drummond Road and a point 52 metres At All Times east of Drummond Road Kalar Road West Thorold Stone Road and Vegter Court At All Times Kalar Road East Thorold Stone Road and a point 150 metres At All Times north of Vegter Court Leonard Avenue East Lundy's Lane and a point 15 metres At All Times north of Lundy's Lane Forest Glen Drive South Glenoaks Avenue and the western limit 8:OOam to 4:OOpm of Forest Glen Drive Monday to Friday (5) by deleting from the specified columns of Schedule N thereto the following item: COLUMN 1 COLUMN 2 HIGHWAY BETWEEN THROUGH HIGHWAYS St. Lawrence Ave. South limit of Morrison St and the north limit of Epworth Cir. (6) by adding to the specified columns of Schedule N thereto the following items: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY BETWEEN St. Lawrence Avenue South limit of Morrison Street and the north limit of Simcoe Street St. Lawrence Avenue South limit of Simcoe Street and the north limit of Epworth Circle -4- This By -law shall come into force immediately. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: December 1, 2008 Second Reading: December 1, 2008 Third Reading: December 1, 2008 CITY OF NIAGARA FALLS By -taw No. 2008 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Nicholas A. Nero as Licensee and the Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for concert productions to be held from December 5, 2008 to and including December 7, 2008, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 THIS AGREEMENT made this 10th day of November, 2008. BETWEEN: Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship Hereinafter called the "Licensee -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City of the FIRST PART; of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with a Cheerleading Competition. AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a Cheerleading Competition the following dates: December 5,6,7, 2008 Payment: 2. The Licensee agrees to pay to the City a rental fee of 6,600.00 GST included. 3. The Licensee shall submit a non refundable payment of $1,000.00 on December I, 2008 of this agreement, which deposit shall be credited toward the rental fee. -2- 4. The Licensee agrees to pay all taxes (Including G. S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Facilities, Equipment and Personnel: 5. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Arena Ice Surface Portable Ice Floor Covering Lay carpet down 5 Changerooms, First Aid Box Office Facilities Committee Office Event Advertised on Facility Marquee Parking Lot Daily Cleanup During Shows (b) Equipment: Ice Exit Doors Removed Canvas Bunting Around Boards End Netting to be rolled up. (c) Personnel: Arena Supervisor Available Arena Staff on Duty Security Staff (5) for Show Hours Cleaning and Heating of the Arena: 6. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. -3- 7. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 8. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 9. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 10. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. Removal of Equipment: 11. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena Sunday, December 7, 2008 at midnight 12. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 13. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. -4- Concessions: 14. The Licensee agrees that the City of Niagara Falls retains full exclusivity to the food and beverage concessions during the entire event except for the two pre- approved Vendors acceptable by the Licensee and the City. This is only permissable as we require assistance in food/beverage due to the volume of participants. Advertising the Event: 15. The Licensee shall, at it's own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 16. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 17. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. 19. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. -5- Advertising Beyond the Arena: 20. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21. The Licensee shall only use advertising signs and other similar materials used to promote the Even beyond the Arena that have been approved by the City. 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 25. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 26. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or -6- about the arena premises with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. 27. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 29. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 30. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 31. Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. -7- Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. 905- 356 -7521 Ext. 3338 Phone 905- 354 -9119 Fax Stephen Hamilton, Manager of Recreation, Facilities Community Development Email: shamilton@niagarafalls.ca Licensee: Nick Nero Ontario Festival Of Lights Cheerleading Championship 24 Groves Street Welland, Ontario L3B 4B4 (905) 734-9518 Phone Email: nick.nero @sympatico.ca 33. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Whole Agreement: -8- Severability: 35. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 36. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 37. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 39. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. Workers' Compensation Act: 40. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c. W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. -9- 42. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED in the presence of Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R.T. (Ted) Salci, Mayor Dean Iorfida, City Clerk C: \Documents and Settings \tn206 \Local Settings Temp \XPgrpwise \cheerleading08_1.wpd CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with the Historic Niagara Development Inc. respecting the construction, installation and maintenance of a portable outdoor ice rink to be located at City Hall, for use by the general public. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated December 1, 2008 and made between The Corporation of the City of Niagara Falls as City and Historic Niagara Development Inc. as Historic Niagara, respecting the construction, installation and maintenance of a portable outdoor ice rink to be located at City Hall, for use by the general public, 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 first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December I, 2008 December 1, 2008 December 1, 2008 CITY OF NIAGARA FALLS By-law No. 2008 A by -law to authorize the payment of $25,064,968.03 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 October 16, 2008 to November 5, 2008. Passed this first day of December 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1 day of December, 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 1" day of December, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this first day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 1, 2008 December 1, 2008 December 1, 2008