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2009/02/23COUNCIL MEETING Monday, February 23, 2009 Order of Business and Agenda Package N i agarapq, PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of February 9` 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Multiple Sclerosis Society of Canada Representatives from the MS organizing committee would like to address Council regarding the its annual fundraiser, The MS Walk being held in Chippawa on April 19 2009. Niagara Falls Music Theatre Society Valerie Williams ,volunteer at the Firehall theatre will provide Council with an update on their next production, Autumn Leaves. Heritage Week Sharon Shearing, Chair of the Municipal Heritage Committee will present the Heritage Awards to the following recipients, Jon Jouppien, Don Ede, Frank Fohr and John Harkness. Niagara Falls Sports Foundation COUNCIL MEETING February 23, 2009 DEPUTATIONS Dragan Matovic, Director, Niagara Falls Sports Foundation would like to inform Council regarding the Foundation. Park in the City Committee 2 Frank Fohr, member of the Park in the City Committee, will update Council on plastic water bottles. -AND- Chief Administrative Officer R- 2009 -06 Plastic Water Bottle Update PLANNING MATTERS Public Meeting AM- 2008 -038, Zoning By -law Amendment Application 3800 Bridgewater Street Applicant: Michael Nathalie Boyd Proposed Tourist Home Background Material: Recommendation Report: PD- 2009 -16 -AND Correspondence from the Region's Planning Dept. MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2009 -14 Proposed Streetscape and Beautification Improvements for Queen Street MAYOR'S REPORTS, ANNOUNCEMENTS -3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Brian Sinclair Request for Reconsideration, opposed to Committee of Adjustment Decision. RECOMMENDATION: For the Consideration of Council NOTE: Mr. Sinclair would like to speak to the matter. 2. The Fresh Air Fund Request that March 20, 2009 be proclaimed as Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Easter Seals Ontario Request that the month of March be proclaimed as "Easter Seals Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Ontario Association of Social Workers Request that the week of March 2 -8, 2009 be proclaimed as Social Work Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS TRANSPORTATION SERVICES REPORTS 1. Chief Administrative Officer TS- 2009 -16 Charter Request Project Share 2. Chief Administrative Officer TS- 2009 -17 Presentation of New Bus Graphics RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2009 -06 2008 Major Receivables Year- End Report F- 2009 -09 Municipal Accounts R- 2009 -08 Heating Systems Arenas R- 2009 -12 Award of Sales, Production and Installation at the Gale Centre TS- 2009 -13 Canadian Corps Commissionaires 2009 Contract Extension TS- 2009 -14 Ministry of Transportation Lease Renewal Municipal Lot 18 RESOLUTIONS THEREFORE BE IT RESOLVED that the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -26 A by -law to authorize the execution of an Agreement with Lucille Coleman respecting the Adopt -A- Street public service program for volunteers. 2009 -27 A by -law to authorize the execution of an Agreement of Purchase and Sale with Mark Henry Levesque respecting the purchase of lands, being Part 10 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 5 2009 -28 A by -law to authorize the execution of an Agreement of Purchase and Sale with Patrick William O'Banion respecting the purchase of lands, being Paris 7 and 8 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -29 A by -law to authorize the execution of an Agreement of Purchase and Sale with James Sims and Susan Sims respecting the purchase of lands, being Part 12 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -30 A by -law to authorize the execution of an Agreement of Purchase and Sale with Mary Gillespie respecting the purchase of lands, being Paris 5 and 6 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -31 A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision Phase 8, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. 2009 -32 A by -law to permanently close part of a highway and to repeal By -law No. 2009 -06. 2009 -33 A by -law to amend By -law 79 -200, to permit a dwelling with two dwelling units. 2009 -34 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. 2009 -35 A by -law to authorize the payment of $11,029,572.94 for General Purposes. 2009 -36 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23` day of February, 2009. NEW BUSINESS (2/12/2009) Teresa Fabbro MS Chapter From: To: CC: Date: Subject: Attachments: Hi Dean: The MS Chapter will be holding its annual fundraiser The MS Walk, in Chippawa on April 19th. We would like to have two representatives from our organising committee present under Deputations to City Council in February, at your meeting on either the 9th or the 23rd. Which date would you suggest and could you please arrange this for us? In past years, Mayor Salci and other councillors have participated in the Walk and we anticipate that they will be attending this year. Jessica Cook, the walk coordinator, will contact you to make the final arrangements and confirm names of those making the presentation. Thanks 905 353 -9999 iag @cogecc.ca Page 11 "Ian Greaves" <iag @cogeco.ca> "Dean lorfida" <diorfida @niagarafalls.ca> "Jessica Cook" <Jessica.Cook @mssociety.ca> 1/13/2009 11:42 AM MS Chapter Part.002 Ian Greaves Board Member Niagara Peninsula Chapter of Hope Multiple Sclerosis Society of Canada Mrs D Wflhia ns 64 6453`Colborne S ragaraFalis ON. L251 E7i:. y CL.k U. I tenNir L L) r �h r Niagara Falls Musk Theatre Society 905 356 -4953 fax 905 356 -9444 4990 Walnut St, Niaeara Falls @N. L2G ANR Fireball eagtr 1 7 o.Ayv.ii71 u ƒa qs C NE MAR (2/18 /2009) Teresa Fabbro Ontario Heritage Trust Awards for Council From: Peggy Boyle To: Dean Iorfida; Teresa Fabbro Date: 2/18/2009 12:41 PM Subject: Ontario Heritage Trust Awards for Council Hi Teresa Here are the names of the award recipients and the presenter who will be presenting the awards at Council on February 23. Mr. Jon Jouppien, Ontario Heritage Trust Lifetime Achievement Award Mr. Don Ede, Ontario Heritage Trust Cultural Heritage Category Mr. Frank Fohr, Ontario Heritage Trust Natural Heritage Category Mr. John Harkness, Ontario Heritage Trust Lieutenant Governor's Ontario Heritage Award for more than 25 years contribution to heritage. Mr. Harkness is being given his award at Queen's Park on Feb 20, but will be recognized with this group, locally at Council. I have asked Sharon Shearing the Chair of the Municipal Heritage Committee to be present to hand out these awards, but if she has to work, Janice Wing has said she will fill in. Sorry for the delay in getting the info to you! Peggy Page 1 Corporate Services Inter Department Memorandum NiagarajalIs ,TO: Mayor Ted Salci DATE: February 17, 2009 Members of City Council FROM: Ken Burden Executive Director of Corporate Services RE: Niagara Falls Sports Foundation In December 2008, Mr. Wayne Burden of Crawford, Smith Swallow called me to discuss the proposal about the Niagara Falls Sports Foundation. He indicated that the organizing group desired to start this funding assistance program with simple administrative functions. Since the effort is at its commencement, Mr. W. Burden indicated that the group prefered not to incorporate as a non profit organization, nor apply to the federal government for a charitable status. These steps would likely be considered when the group was prepared to undertake them. Our discussion naturally led to the City's involvement and the purpose of the call. Mr. W. Burden asked whether the City could provide the administrative functions for the Niagara Falls Sports Foundation. I responded by affirming that the purposes of the foundation aligned with the general support that the City gives to sports activities. The new funding source would assist the City in promoting an active and healthy lifestyle for youth. further explained that the City could undertake such tasks, but it would require the Council's approval through a bylaw that established a reserve fund and authorized City Staff to manage the administrative functions. Since the City would maintain the reserve fund, the funds would be subject to the discretion of City Council, and collected /disbursed through the administrative authority of the organizing group. I also suggested that a member of Council or a City Staff Member be a part of the organizing group. At the close of our discussion, Mr. W. Burden advised that he would discuss my responses with the organizing group, and provide a written request to City Council. What's proposed is similar to the process followed with the Young Family Endowment. Ken Burden 1012/2009) Teresa Fabbro RE: Niagara Falls Sports Foundation From: To: Date: Subject: Attachments: Hi Dean, "Dragan Matovic" <dmatovic @thunderingwaters.com> "Dean lorfida" <diorfida @niagarafalls.ca> 2/5/2009 10:47 AM RE: Niagara Falls Sports FOundation Letter to City Council.doc Yes, put us down for February 23rd. We definetely need to get on that agenda due to our awards schedule. If you would be kind enough to confirm that we are on for sure, I will get some of our Board members to attend as well? Anyhow, I am attaching a copy of the request to City Council. Would you like me to print off a number of copies and drop them off to you? Please let me know how many? Thanks, Dragan. Dragan Matovic, Ph.D. Principal Executive Director Thundering Waters Developments Ph: 905-371-7104 Fx: 905-357-6007 dmatovic@thunderingwaters.com www.thunderingwaters.com Original Message--- From: Dean lorfida [mailto :diorfida @niagarafalls.ca] Sent: Thursday, February 05, 2009 10:28 AM To: Dragan Matovic Subject: Re: Niagara Falls Sports FOundation Hi Dragan: February 23rd would be our next available date. Failing that, March 9 and 23rd are our dates the following month. Let me know what works for you. Regards Dean Original Message From: "Dragan Matovic" dmatovic @thunderingwaters.com> To: Dean lorfida <diorfida @niagarafalls.ca> Sent: 2/5/2009 10:24:19 AM Subject: Niagara Falls Sports FOundation Hi Dean, Hope all is well. I wanted to check and see when the next Council meeting is scheduled for? Specifically, we would like to make a small request to the Council Pagel] (2/12/2009) Teresa Fabbro RE. Niagara Falls Sports Foundation from the Niagara Falls Sports Foundation (which I am affiliated with). I have spoken to the Mayor and Ken Burden about this matter, and have already sent emails to the Council that we would be coming to one of their meetings. We are not asking for any money, just some administrative support and have been advised by Ed Lustig on legal matters and the good folks at Crawford Smith and Swallow on the accounting side of things on how best to facilitate this effort. Anyhow, please let me know if you can slide us in the first available Council meeting as we have some deadlines to meet. Thanks for your assistance. All the best, Dragan. Dragan Matovic, Ph.D. Principal Executive Director Thundering Waters Developments Ph: 905-371-7104 Fx: 905-357-6007 dmatovic@thunderingwaters.com www.thunderingwaters.com Page 2 February 4, 2009 Mr. Ted Salci Mayor City of Niagara Falls 6453 McMillan Drive Niagara Falls, ON L2G 2N2 agara Falls Or* UNDATIOPI RE: Niagara Falls Sports Foundation Dear Mayor Salci and Members of City Council: The Niagara Falls Sports Foundation is a new non -profit entity dedicated to acknowledgment of athletic excellence and the proliferation of sports activities among kids in the City of Niagara Falls, Ontario. It encourages participation in all sports and various other athletic endeavors to help promote an active and healthy lifestyle. Through its fundraising activities, the NFSF also celebrates the achievements of outstanding local athletes from the previous calendar year by presenting a variety of achievement scholarship awards such as Athlete of the Year (Ages 8 17, boys girls), Coach of the Year, Team of the Year, Volunteer of the Year, and others. Through these collective efforts, the NFSF is determined to raise the awareness and participation in youth sports in the Niagara community. It should also be noted that the goals of the Niagara Falls Sports Foundation are consistent with the City's own efforts to support youth and encourage participation in athletic activities. In order to move this initiative forward, we would like to request some non- financial assistance from the City of Niagara Falls. Based on consultations with City staff and our legal /accounting advisors (Broderick Partners and Crawford, Smith and Swallow), we humbly request if the City of Niagara Falls can provide us with the following: 1. That Council pass a by -law to establish a reserve fund for the Niagara Falls Sports Foundation (an unincorporated organization). On an ongoing basis, the actual dollars for the fund would be sourced through our fundraising efforts made possible by the generous donations of various prominent individuals and Niagara's corporate community. (Note: No City funds would be required). City of Niagara Falls February 4, 2009 Page 2 2. That Council appoint a representative to sit on our Board of Directors. This individual can either be a member of City Council, a member of the City Administration or some other individual that the Council deems appropriate. 3. It is the intention of the Niagara Falls Sports Foundation to disperse most of the funds collected each year for its various scholarship awards. However, there will likely be a smaller percentage of the funds that will accumulate to form an endowment to assist athletes in future years. 4. That Council permit the Finance Department or other City administrative staff to work with the Niagara Falls Sports Foundation executive members to resolve various logistical matters such as bank accounts, receipting of donations, funds requisitioning, payment of expenses, and annual financial reporting. Presently, in collaboration with the Niagara Falls Review and our various corporate sponsors, we are preparing to close nominations for our 2008 Achievement Awards. Accordingly, we will be making our final selections in early March. As such, we would kindly request if Council could approve this request at the earliest opportunity to allow staff to work with the Niagara Falls Sports Foundation executive members to address the various administrative matters necessary to issue these achievement scholarships at the same time as the announcement of award winners. On behalf of the Niagara Falls Sports Foundation and all Niagara Falls athletes, I would like to thank Council for the opportunity to present our request. We hope that the City of Niagara Falls will assist us in acknowledging and celebrating the athletic achievements of our youth. Should you have any questions, please do not hesitate to contact me. Sincerely, Dr. Dragan Matovic Director Niagara Falls Sports Foundation (2/18/2009) Dean lorfida committee deputation Page 1 From: Kathy Moldenhauer To: Dean Iorfida Date: 2/10/2009 3:48 PM Subject: committee deputation CC: Denyse Morrissey hi Dean The Park in the City committee requests a deputation on Monday, February 23rd at City Council. Frank Fohr will be the spokesperson for the committee. Frank will be updating Council on plastic water bottles. Representatives from the MYAC will also attending the meeting to support the water bottle report. The Park in the City committee requires a second deputation on Monday, March 9th at City Council. Patricia Mascarin, chair of the Communities in Bloom sub committee and Paisley Janvary-Pool will be speaking on behalf of the committee. They will be informing Council about the Communities in Bloom program and how the community can participate. The Communities in Bloom Task Force report is scheduled to go to Council on March 9th. Kathy Moldenhauer Manager of Policy and Community Development Parks, Recreation Culture Division of Community Services Department 7150 Montrose Road, Unit #1 Niagara Falls, ON, L21-I 3N3 (905) 356-7521 ext 3348 (905) 356 -7404 fax www.niagarafalls.ca kmolden ha uer@ n iaga rafa I Is.ca (2/18/2009) Dean lorflda Fwd Monday council meeting students`" 9 Page 1 From: Kathy Moldenhauer To: Dean Iorfida Date: 2/18/2009 11:18 AM Subject: Fwd: Monday council meeting students CC: Denyse Morrissey; Mark Richardson hi Dean The MYAC will have two students present at Council on Monday night to support the water bottle report. They would like to speak for approximately a minute following Frank Fohr. The students will speak to supporting the report from the youth perceptive. Kathy Moldenhauer Carey Campbell 18/02/2009 11:07 am Kathy: the two students that will be speaking are: Christopher Colaneri and Harish (hare -eesh) Aggarwal, representing the Mayor's Youth Advisory Committee thanks! carey February 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2009 -06 Plastic Water Bottle Update RECOMMENDATION: BACKGROUND: NiagaraJalls C A N A D A R- 2009 -06 P Iash ic k.everoc .bo -I-tls That the City of Niagara Falls eliminate the sale ofettettledl- waterbat City owned and facilities, municipal buildings, and recreation facilities and parks effective May 1, 2009. 2. That staff develop a recommended implementation plan to increase the access to, and the availability of municipal water through public drinking fountains in municipal indoor and outdoor facilities, and outline the costs in the 2009 capital budget for the consideration of Council On April 28, 2008, the Mayor's Youth Advisory Committee (MYAC) presented a committee update to Niagara Falls City Council. MYAC requested that plastic bags be banned, not only from municipal buildings, but from the entire City. The MYAC supports eliminating the sale of bottled water at City owned facilities. The committee endorses environmental initiatives to guide Niagara Falls to become more sustainable through education and practical actions. On November 4, 2008, report R- 2008 -32 was presented and approved by City Council directing staff to hold a Community Information forum to gather feedback from the community regarding the possibility of eliminating the sale of bottled water at municipal buildings, recreation facilities and parks. e.k1 rt l ontrose Road Umt +1 Niagara Falls ON Canadai L2H 3N3 905 356 7521 www nia g arafalls.ca Working Together to Serve Our Community C mmunity Services Department Parks, Recreation Culture February 23, 2009 2 R- 2009 -06 Summary of Community Information Forum On December 4, 2008, the Park in the City Committee hosted a Community Information Forum at the MacBain Community Centre. Approximately 30 people attended the presentation and open forum. The event was advertised in the local newspaper(s) (Niagara Falls Review, Niagara This Week) three times leading up to the event. It should be noted that the City's current arena beverage supplier (vending and over the counter concessions) Pepsi Co was also invited to attend. Guest speakers included the following: Frank Fohr, representative of the Park in the City Committee Stuart Trew, Council of Canadians Glen Hudgin, Niagara Region Public Health Department Brad Whitelaw, Niagara Region Waste Management Services Division For the most part, comments and questions following the presentation were very supportive of eliminating the sale of bottled water. One concern communicated by a sports organization was their loss of revenue from the sale of bottled water as they operate the concession stand at Oakes Park. There was also a request that the water at Oakes Park concession be looked, and the Region confirmed that an inspector would visit Oakes Park in the near future. Summary of Ontario Bottled Water Network Meeting Park in the City Committee Members attended an Ontario Bottled Water Network meeting held on Friday, January 9, 2009 in Toronto's City Hall. Thirty -one organizations and additional representatives attended the meeting which discussed the creation of an Ontario Network on bottled water. The forum reviewed existing bottled water initiatives /campaigns across Ontario and Canada. Opportunities were presented for moving forward in a unified /joint action with a follow -up meeting to be scheduled for March 2009. Parks, Recreation and Culture Facilities and Parks Parks, Recreation and Culture have eliminated the use of bottled water at all special events and meetings. Bottled water is sold at the following City owned and operated locations: All City owned arenas through concessions and vending: Niagara Falls Memorial Arena, Stamford /Jack Bell Arena, Chippawa Willoughby Memorial arena Coronation 50 plus Recreation Centre F. H. Leslie pool concession February 23, 2009 -3- R- 2009 -06 Bottled water is sold by community group at the following locations: Oakes park concession, GNBA Auxiliary Kalar park and E. E. Mitchelson Park various City parks for special events The organizations provide bottled water for sale or to their teams as a beverage at City sport park locations and many of these parks do not have a concession or water fountain source. Bottles water is sold by our third party operator (lease agreement) at the following location: MacBain Community Centre Centre Court Cafe and vending machines Recent Ministry of the Environment (MOE) Ratings MOE rating of Niagara Falls water treatment plant: 100% from April 1, 2006 to March 31, 2007 MOE rating of Niagara Falls water distribution system: 99.65% over the same time period Bottled water in Canada is treated as food and is regulated under the Food and Drug Act and its regulations. As such, water bottling plants are inspected on average only once every three years. Niagara Region Health Department High quality, clean safe tap water is produced and distributed by regional and local governments in Ontario under strict provincial standards and legislated controls. Rigorous testing is constantly carried out to ensure the quality of tap water. Ontario probably has some of the safest, highest quality tap water in the world. Since Walkerton, Ontario has the highest standards for drinking water in Canada (Sierra Legal Defence Fund Report Card). Municipal Action on Bottled Water Municipalities across Canada and in Ontario have recently taken action to encourage use of municipal tap water at municipal events and facilities (AMO Member Communication). According to recent Member Communication provided by AMO, Municipal councils across Canada, including 13 Ontario municipalities have taken action in recent months to limit the use of bottled water in municipal facilities, where appropriate, and to support the use of municipal tap water by residents and visitors. AMO understands that a number of other Ontario municipalities are also considering such initiatives. February 23, 2009 Ontario councils taking action in this area include the cities of Sault Ste. Marie, London, Windsor, the Regional Municipality of Waterloo and the Town of Blue Mountains, amongst others. Across Canada, other municipalities such as St. John's, Newfoundland, Charlottetown, PEI, Altona, Manitoba, Toronto and the Region of Metro Vancouver have also taken action. In some cases these actions have been supported through public education to increase awareness of the safety of municipal tap water, actions to increase the supply of municipal tap water at events through mobile water trucks and increase of supply of municipal tap water where necessary. These measures complement long- standing positions taken byAMO and other municipal associations by increasing awareness of the affordability, health and safety of municipal tap water and the need for continuing public investments in infrastructure to provide affordable clean water to municipal residents. They also encourage stewardship of water as a valuable resource and help to reduce the amount of plastics in municipal waste streams. Canada's Parliament is currently considering a ban on plastic water bottles at the Parliament Buildings. Environmental Impact To reduce the impact, the David Suzuki Foundation supports stop providing /selling bottled water and to increase access to water fountains in public buildings such as arenas and community centres. 1. Regional Impact of Plastic Bottles -4- R- 2009 -06 In Niagara Region, plastic bottles accounted for approximately 1.6 kg /household /year in the residual waste stream (i.e., landfill incineration) and 6.6 kg /household /year in the recycling stream. Based on plastic bottles collected curbside, Niagara residents recycled approximately 80% of the plastic bottles. The other 20% went into the residual waste stream. Based on the number of Niagara Region households, it is estimated that the Region disposes of approximately 1,521 tonnes of plastic bottles per year. Plastic bottles have an extremely high volume to weight ratio. As such, plastic bottles occupy a disproportionately large volume in recycling trucks (Le., increases cost of transportation). The recent change of the economy has led to a reduction in the demand for recycled materials. PET is currently at $107 per tonne, from a high of $440 per tonne. In addition, the market revenue received from PET does not cover the combined cost of collection and processes ($265 per tonne). February 23, 2009 2. Recycling is Not the Answer -5- R-2009-06 Currently, 41 of recycling collection and net processing costs are paid for by industry stewards; the remainder is paid by Niagara taxpayers. However, if plastic bottles are landfilled or become street litter, the financial costs are fully borne by Niagara tax payers. Plastic recycling only minimally reduces the amount of resources used to make plastics. Recycled plastic is a small percentage of what is manufactured and the amount is actually decreasing. Even those active in administering recycling programs have come to recognize that plastics consumption is encouraged by recycling. The City of Toronto, which has just banned bottled water from its civic centres, will phase it out of all city buildings by 2011, claims it recycled 1,000 tonnes, or 65 million plastic water bottles, last year. However, there are between 100 and 125 million bottled water consumed in Toronto, which results as many as 50% end up in a landfill and not recycled. According to the Container Recycling Institute, 86% of plastic water bottles used in the United States become garbage or litter. Nestle Waters Canada conducted a pilot project in the province of Quebec and touted an 85% success rate. However, this still means 15% of plastic water bottles end up as waste (i.e., in landfills). Incinerating used plastic bottles produces toxic byproducts such as chlorine gas and ash containing heavy metals. Although recyclable, many plastic water bottles end up in landfill (i.e., 35 million polyethylene bottles end up in Toronto landfill sites each year). Buried plastic water bottles can take up to 1,000 years to degrade. 3. Energy Consumption According to the Earth Policy Institute, manufacturing the 29 billion plastic bottles used for water in the United States each year requires the equivalent of more than 17 million barrels of crude oil. Imagine filling a third of the plastic bottle with oil and you'll get an idea how much that is. In the United States, the Pacific Institute estimates the annual fossil fuel footprint of plastic water bottle consumption to be the equivalent of 50 million barrels of oil (Le., production, transportation, disposal) enough to run three million cars for one year. The amount of fuel required to transport bottled water in the U.S. alone is equivalent to. 38,000 eighteen -wheel transport trucks delivering water weekly. 4. Destruction of Water Resources According to Environment Canada, 20% of municipalities have faced water shortages in recent years. The myth that Canada has an abundance of water to share is losing its strength. February 23, 2009 -6- R- 2009 -06 Plastic water bottle companies water to production ratios are roughly 3 to 1; for every 3 litres of freshwater that the plastic water bottle industry takes from the earth, only 1 litre of plastic water bottle is actually produced. Two thirds of the Earth is water, however; only 2% of the freshwater are drinkable. However, 1.6% of the total 2% is locked up in polar icecaps. According to the United Nations, by 2025, over two- thirds of our world's population will not have enough water to sustain the basics of life. Implementation Strategy Next Steps: Key to a successful campaign to eliminate the sale of bottled water in Municipal facilities and encouraging the overall reduction in the use of the bottled water throughout the community is education and awareness. The City of Niagara Falls needs to promote city drinking water to: Increase the awareness of top quality and reliable drinking water Address any misconceptions and the misinformation about drinking water not being safe or a health risk. Ensure municipal water is accessible to City staff, residents and visitors to public spaces, municipal buildings and City facilities by providing safe and reliable drinking water options (water fountains, refillable water containers). Public awareness and education can be achieved through educational posters, information on City's web site, increase the number of public water fountains, temporary water filling stations at special events in parks and promotion to bring your own refillable water container. Phase Location /Equipment Action Target Implementation dates 1 Outdoor parks and playing fields inform and educate all users bottled water will not to be sold at City facilities March 2009 at allocation meeting 2 Arenas review contractual requirements and inform beverage providers City will be eliminating the sale of bottled water eliminate the sale of bottled water March 2009 May 1, 2009 February 23, 2009 -6- R- 2009 -06 Plastic water bottle companies water to production ratios are roughly 3 to 1; for every 3 litres of freshwater that the plastic water bottle industry takes from the earth, only 1 litre of plastic water bottle is actually produced. Two thirds of the Earth is water, however; only 2% of the freshwater are drinkable. However, 1.6% of the total 2% is locked up in polar icecaps. According to the United Nations, by 2025, over two- thirds of our world's population will not have enough water to sustain the basics of life. Implementation Strategy Next Steps: Key to a successful campaign to eliminate the sale of bottled water in Municipal facilities and encouraging the overall reduction in the use of the bottled water throughout the community is education and awareness. The City of Niagara Falls needs to promote city drinking water to: Increase the awareness of top quality and reliable drinking water Address any misconceptions and the misinformation about drinking water not being safe or a health risk. Ensure municipal water is accessible to City staff, residents and visitors to public spaces, municipal buildings and City facilities by providing safe and reliable drinking water options (water fountains, refillable water containers). Public awareness and education can be achieved through educational posters, information on City's web site, increase the number of public water fountains, temporary water filling stations at special events in parks and promotion to bring your own refillable water container. 3 Vending machines and contracted food services at the MacBain community centre review contractual requirements create education and awareness materials eliminate the sale of bottled water eliminate the use of bottled water in all meeting rooms for all bookings. March 2009 phased in 2009 May 1, 2009 4 Coronation Centre inform and educate all users bottled water will not to be sold at City facilities eliminate the sale of bottled water March 2009 May 1, 2009 5 Indoor Facilities and Sport Parks review access to public drinking water including fountains install on existing fountains long spigots /goose neck to allow people to fill reusable bottles; budget as required for new fountains March 2009 review 2009/2010 budget and install new fountains February 23, 2009 R- 2009 -06 Recommended by: Approved by: d+^�� kt41nu5 Denyse orri ey, Director of arks, Recreation Culture Ed r vic,r xecutive Director of Community Services V:12009OOUNCIL12009 02 231R- 2009 -06 Plastic Water Bottle Update.wpd February 23, 2009 PD- 2009 -16 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Surrounding Land Uses Niagaraj7alls Re: PD- 2009 -16 AM- 2008 -038, Zoning By -law Amendment Application 3800 Bridgewater Street Applicant: Michael Nathalie Boyd Proposed Tourist Home That Council approve the Zoning By -law Amendment application to recognize the existing dwelling on the land and permit it to be used as a tourist home (bed and breakfast) with one (1) bedroom available for tourists. Michael and Nathalie Boyd have requested an amendment to Zoning By -law No. 79 -200 for a 506.8 square metre (5,455 square foot) parcel of land known as 3800 Bridgewater Street, as shown on Schedule 1. A one storey single detached dwelling with an attached garage exists on the property. This dwelling is a designated heritage building commonly known as the Laura Secord house. The applicant proposes to use the existing dwelling as a tourist home with one (1) bedroom (the loft above the garage) available for tourists. Refer to Schedule 2 for details of the property. The land is currently zoned Residential Single Family 1D Density (RID) which does not permit tourist homes. The R1 D zoning is requested to be amended site specifically to add a tourist home with one (1) bedroom available for tourists to the list of permitted uses. In addition, site specific reductions to the front yard, rear yard and exterior side yard setbacks and an increase in the building lot coverage are sought to recognize the siting of the existing dwelling on the property. The property is bounded by mainly commercial uses to its east, south and west. Single detached dwellings lie further to the southwest, fronting on to Bridgewater Street. The Welland River lies to the northwest. 70 Queenr5treet P©;Box 1023aNiagara Falls ONCanada .2E 6x5 4905356 7527 wwwniagara falk.ca� Working Together to Serve Our Community Community Services Department Planning Development February 23, 2009 2 PD- 2009 -16 Circulation Comments Regional Municipality of Niagara The proposal does not affected any Regional or Provincial interests. Building and By -law Services Fire Services All required Building Permits to be obtained prior to commencement of any construction. Concerns can be addressed through the Building Permit process and the requirements of the Fire Code. Municipal Works, Legal Services, Transportation Services No objections. Planning Analysis 1. The proposed tourist home complies with the Official Plan. The subject land is designated Minor Commercial in the Official Plan which means that it is primarily intended to be developed and used for commercial uses. The property has been used for residential purposes since the early 1800s. The Official Plan allows existing uses that do not comply with the land use designation to be recognized in the Zoning By -law provided it will not adversely affect adjacent complying uses and will not interfere with the planned development of adjacent lands in conformity with the Plan. The continued residential use of the property has been recognized in the Zoning By -law since 1979 and is deemed to comply with the Official Plan. Tourist homes are ancillary residential uses that can be considered in single detached dwellings where they will be compatible with the surrounding neighbourhood. The residential use of the property and surrounding commercial uses have co- existed for a considerable period of time and a degree of compatibility between the uses has evolved. No alterations to the dwelling are required for the proposed use. No land use conflicts or traffic issues are anticipated from making one bedroom available to tourists. The parking space required for guests is proposed to be provided inside the attached garage. The property has convenient access to the City's tourist areas. February 23, 2009 2. The requested Zoning By -law amendment is appropriate. The applicant has requested site specific provisions to be added to the R1 D zoning of the property to add a tourist home (commonly called a bed and breakfast) with one bedroom to the list of permitted uses. The bedroom that is proposed to be made available to tourists is located in the loft above the garage. No expansion of the dwelling is proposed to accommodate the tourist home use. There are two parking spaces associated with the property. One space will be for the owners, the second space for a guest vehicle. Therefore, it is appropriate that the number of tourist rooms be limited to one. The current dwelling was permitted to be expanded in 1983 through variances approved by the Committee of Adjustment. As a housekeeping measure, the following variances should be incorporated into the amending Zoning By -law: A reduction in the front yard (Bridgewater Street) setback, from 6 metres (19.7 feet) to 1.8 metres (5.9 feet). A reduction in the rear yard setback, from 7.5 metres (24.6 feet) to 2.6 metres (8.5 feet). A reduction in the exterior side yard (Laura Secord Place) from 4.5 metres (14.8 feet) to 0.4 metres (1.3 feet). The applicant is also requesting an increase in lot coverage from 40% to 54% to reflect the footprint of the existing dwelling and porches. The land is comprised of two lots that have been developed as one parcel with the dwelling straddling the lot line. The amending by -law should include a provision that allows the two lots to be treated as one. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: The long standing residential use of the property is compatible with surrounding commercial development and its historical character will be maintained. The proposal is within the intent and purpose of the Official Plan respecting tourist homes. The amending by -law will allow the proposal and recognize existing site conditions most of which were previously approved by the Committee of Adjustment. &At Recommended by: Approved by: Ed Dujlovic, A.Bryce:mb Attach. S: \PDR12009 \PD- 2009 -16, AM- 2008 -038, 3800 Bridgewater,proposed bed breakfast.wpd 3 PD- 2009 -16 Alex Herlovitch, Director of Planning Development ecu the Director of Community Services Subject Land ,7 /77: Location: 3800 Bridgewater Street Applicant: Michael and Nathalie Boyd Schedule 1 LOCATION MAP Amending the Zoning 8y -law No. 79 -200 AM 2008 038 January 2009 o o7 Schedule 2 (2/18/2009) Andre Bryce ZLBA AM-2008-038 From: To: Date: Subject: CC: "Ungaro, Judy" <judy.ungaro @niagararegion.ca> Good morning Andrew, Re: Proposed Zoning Bylaw Amendment AM- 2008 -038 3800 Bridgewater Street Michael Natalie Boyd Regional Development Services staff has reviewed the above noted zoning bylaw amendment application. The purpose of the amendment is to rezone the property to permit the use of the existing single detached dwelling as a tourist home. No new construction is proposed with this application. The property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The property is not located along a Regional Road and no connections to Regional servicing infrastructure, if any, would be permitted. Therefore, based on our review, the proposal does not appear to affect any Provincial or Regional interests, Regional staff has no objection to the Zoning Bylaw Amendment application. Please send notice of Council's decision. Sue Mabee, MSc. PI. Planner Development Services Division Regional Municipality of Niagara Phone: 905-685-4225 ext. 3386 Fax: 905-587-8056 "Mabee, Sue" <sue.mabee @niagararegion.ca> "Andrew Bryce" <abryce @niagarafalls.ca> 1/28/2009 10:08 AM ZLBA AM- 2008 -038 Regional Municipality of Niagara Confidentiality Notice: Planning Scanned Flla' 2 1Na ?age wL tES Ao February 23, 2009 PD- 2009 -14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niagaraj3alls Re: PD- 2009 -14 Proposed Streetscape and Beautification Improvements for Queen Street RECOMMENDATION: That Committee consider the following: 1. the proposed streetscape and beautification improvements as prioritized by the Downtown BIA for Queen Street; 2, commit $550,000 from the Downtown Public Realm Studies Fund, together with the approved $100,000 from the Region, will provide $550,000 for the improvements; 3. if approved, the City require the Downtown BIA to be •responsible for carrying out the maintenance of new flower beds; and 4. Council support, by resolution, an application to the Ministry of Agriculture, Food and Rural Development for funding under their Rural Economic Development Fund (RED), which if approved, will allow additional improvements to be carried out. In December 2007, the City submitted an application to the Region requesting $100,000 under their Pilot Public Realm Fund to assist in the proposed streetscape improvements along Queen Street. The City received notice from the Region in early 2008 of its approval of $100,000, subject to certain conditions, such as the funds being on a matching basis, and a prominently displayed plaque recognizing the approved funds. The Regional funds were to have been utilized in 2008. However, they have granted an extension to the City to utilize the funds in 2009. It is unlikely that a further extension will be given. City staff has been working with representatives of the Downtown BIA for sometime on the proposed streetscaping for Downtown. There have been a number of suggestions from full infrastructure update or replacement with new pedestrian walkways and street lighting on OQuen,StreetIPMOV, 23?Niagara`FaIIs L2E6x5 90573567521 wwwnia:arafalls.ca Working Together to Serve Our Community Community Services Department Planning Development February 23, 2009 2 PD- 2009 -14 a block by block basis, to a spreading out of funds for new street furnishings and enhanced beautification from Victoria Avenue to River Road. The representatives of the Downtown BIA strongly support the latter beautification approach. Status of Underground Infrastructure Part of the underground infrastructure along Queen Street is not in the best condition. The main sewers were recently improved through partially separating some of the sanitary and storm sewers. However, a large part of the sanitary sewer was not replaced and is beyond its normal life cycle and ideally should be replaced. The replacement of storm sewers was implemented and the water main was largely replaced as part of the streetscape improvements carried out in the late 1980's. There is some concern, due to the age of the sanitary sewer, that problems could occur. It is suspected that the poor condition of the sanitary sewer on Queen Street is also contributing to the cracking of the road surface. Without budgeted monies to carry out proper replacement of the sanitary sewers in the short term, the City would be taking a risk that beautification taking place now may be required to be dug up in the future. Streetscape and Beautification Items that are Important to the Downtown BIA City staff made a presentation to the Downtown BIA on January 27, 2009 outlining two options. One was the block by block reconstruction with infrastructure improvements to address all deficiencies. The second was a streetscape and beautification improvement of Queen Street. The second option prioritized works to be carried out which included the replacement of trees, improvements to sunken portions of the brick pedestrian walkway, creation of new flowerbeds, new historical street signs, replacement of old benches and installation of new garbage containers. The Downtown BIA supported many of these items, as well as, the placement of a statue at Queen Street and River Road, placement of public art throughout the Downtown and enhancements to the parkette at Valley Way and Queen Street, including a small band shell. Any proposed public art will be required to meet the City's Public Art policy that was approved by City Council in May, 2008. They also requested the improvements begin as early as possible in 2009. The streetscaping cost estimates and priorities of the Downtown BIA are outlined in Appendix 1. Funding A budget of $1,200,000 was approved to undertake a number of studies in the Downtown. Many of these studies are completed or have been halted. There is approximately $450,000 remaining in the account. Since there are no plans to utilize the funds for additional studies and they are related to the public realm improvements for Downtown, it is recommended that the funds be considered for the proposed streetscape and beautification of Queen Street. Other Matters City staff and the Downtown BIA are aware of a funding program provided through the Ministry of Agriculture, Food and Rural Development called the Rural Economic Development (RED) Fund. Municipalities under a population of 100,000 are eligible and the funds are intended to assist in the redevelopment of older downtown areas in need of an economic stimulus. A preliminary inquiry application has been made for funding from this Ministry. This application has been accepted, and the City is to now provide a more February 23, 2009 detailed funding application. If approved, the Ministry funding could be used to further enhance the City's and BIA's beautification efforts along Queen Street with those elements which could not be included in the priorities outlined in the Appendix (i.e., eastern gateway and parkette improvements). If supported, it is requested that Council provide a resolution that would be submitted to the Ministry, together with the funding application. Items of concern are the demand for more street cleaning and garbage pick -up, as more visitors and people come Downtown. Currently, the City provides minimal coverage with a person for two hours a day during the good weather months. A cleanup crew is currently employed in the tourist areas during the summer and shoulder seasons. The cleanup should be monitored and extra staff may be warranted and considered as part of the 2010 budget to carry out this same level of service for the Downtown Area. Another concern is assuring any new flower beds be maintained to a satisfactory level. It is recommended that the Downtown BIA be required to assume this responsibility. CONCLUSION: The beautification and streetscape improvements proposed in this report are important steps in the continued rejuvenation of Queen Street and the Downtown. The Downtown BIA also supports the proposed streetscape and beautification improvements and the moving forward of these items early this spring. Recommended by: Approved by: BBOLIBRUCKJKSCHACHOW SKOJ Attach. 3 PD- 2009 -14 Alex Herlovitch, Director of Planning Development Ed DujlovicEx utty 6irector of Community Services S:1PDR120091PD- 2009 -14, Proposed Streetscape Beautification Improvements for Queen Street.wpd February 23, 2009 4 APPENDIX 1 QUEEN ST. STREETSCAPING BEAUTIFICATION DRAFT CONSTRUCTION COSTS Selected Improvements along length of Queen Street from River Road to Victoria Avenue Additional items could be carried out if RED application is approved (i.e. Eastern Gateway, Parkette Improvements) PD- 2009 -14 Unit Cost Qty Cost General Costs 3.5% 10,000.00 Removals and Adjustments 10,000.00 1 10,000.00 Repair Reinstatement of Old Chicane Areas 40,000.00 1 40,000.00 Drainage (CB) Improvements 5,000.00 4 20,000.00 Paver Reinstatement Power Washing 60,000.00 1 60,000.00 Removal 4 Parking Spaces (4321 -4349 Queen) 28,000.00 1 28,000.00 Raised Planting Areas 9,000.00 6 54,000.00 Existing Tree Treatments 800.00 48 38,400.00 lew /Replacement Trees 1,000.00 9 9,000.00 Streetlighting Pole Repairs 3,000.00 1 3,000.00 3enches 1,800.00 15 27,000.00 Waste Receptacles Improvements 35.00 27 945.00 3anners 150.00 150 22,500.00 leritage Signage 350.00 30 10,500.00 Speakers Sound Control Unit 1,000.00 32 32,000.00 nformation Kiosk 5,000.00 2 10,000.00 Statue including Landscaping 80,000.00 1 80,000.00 Clock Tower 10,000.00 2 20,000.00 Murals Rosberg's Building 20,000.00 1 20,000.00 Public Art Allowance 1,000.00 10 10,000.00 Contingency 10.0% 41,000.00 TOTAL 546,345.00 February 23, 2009 4 APPENDIX 1 QUEEN ST. STREETSCAPING BEAUTIFICATION DRAFT CONSTRUCTION COSTS Selected Improvements along length of Queen Street from River Road to Victoria Avenue Additional items could be carried out if RED application is approved (i.e. Eastern Gateway, Parkette Improvements) PD- 2009 -14 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE: February 23, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Nflagarajlalls RE: Reconsideration Request Brian Sinclair has requested Council reconsider an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application B- 2008 -050, which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. The related recommendation report, which was approved in November, is included for your information. A general note on reconsiderations, from Roberts Rule of Order: The purpose of reconsidering a vote is to permit correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Council should contemplate a reconsideration based on the above principles, not because of pressure from proponents or parties affected, Finally, Mr. Sinclair has requested to speak to the matter. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf'alls CA \A DA Re: PD- 2008 -99 Appeal of Committee of Adjustment Decision Consent Application 13- 2008 -050 Applicant: Joe Kekic (Agent Brian Sinclair) Ort Road Reixinger Road RECOMMENDATION: PD- 2008 -99 The recommendation(s) contained in this report were adopted by City Council That Council authorize staff to file an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application B- 2008 -050 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. BACKGROUND: The applicant owns 0.946 hectares (2.34 acres) of land located at the southwest corner of Reixinger Road and Ort Road (see the attached Surveyor's sketch). An application for severance was submitted to the City's Committee of Adjustment to split the property into two building lots for rural residential use Part 1 (0.472 hectares /1.17 acres) of vacant land and Part 2 (0.474 hectares /1.17 acres) of vacant land. The applicant's family received approval in 2005 to create two rural residential lots (including the subject land) from their overall property prior to current planning policies. The Committee of Adjustment considered the application at a Public Hearing held on October 21, 2008. The City staff report to the Committee recommended the application not be approved for several reasons. The property is part of a broader area classified as prime agricultural land by the Province of Ontario. The Provincial Policy Statement (PPS) prohibits the creation of new residential lots in prime agricultural areas unless for the purpose of severing a surplus farm dwelling, The City's Official Plan designates the subject and Good General Agricultural Special Policy Area #8. The Province mandates that municipal policy must be consistent with the PPS. Accordingly, the Offici 'I P ian policies do not permit the creation of new separate lots 10 Qu en Stree PO? Box 1023 Niagara falls ON,.Canada L2F. 6X5 .905-356-7521 wow niaga+a fLCs.ca Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 2 PD- 2008.99 for non -farm residential dwellings. Special Policy Area #8 further identifies the lands as within an area being examined for future urban development potential as part of the Region's Growth Management Study. The lands are designated Rural in the 'Region's Policy Plan and are also subject to Regional Policy Plan Amendment #170. This amendment established the Willoughby Study Area to examine the appropriateness of future urban development. In this area, Regional policies do not permit individual consents /severances for residential purposes on lots having an area less than 10 hectares (25 acres). The Region also provided a letter to the Committee stating that staff cannot support the application on the basis of their policies, The City report, Regional comments and presentation of the applicant's agent were considered by the Committee. Following lengthy discussion, the Committee granted approval to the application. The reasons stated for their approval were that this was a unique situation, the land was not suitable for agricultural use in the Committee's opinion, it was an infill proposal and the lot sizes satisfied zoning standards. The Planning Act allows an appeal of the Committee's decision, Approval of the application is clearly contrary to the governing planning documents. The Committee's decision could set an inappropriate precedent. Staff is recommending that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board as it is does not conform to local, regional and provincial planning policies and is contrary to good land use planning, The last day for filing an appeal is November 17, 2008. CONCLUSION: The Committee of Adjustment's approval of Consent Application 8- 2008 -050 does not comply with the Provincial Policy Statement, is contrary to the Niagara Falls Official Plan, does not comply with the Regional Policy Plan and does not constitute good land use planning. This decision could set an inappropriate precedent. Therefore, the Committee's decision should be appealed to the Ontario ,Municipal Board. A copy of this report has been provided to,the applicant's agent. Recommended by: Approved by: Respectfully submitted: AH /RW:gd Attach. A ib! ,Q.tm v Alex Herlovitc Director of Planning Development ecutive Director of Community Services a fd, Chief Administ ative O MacDon Officer S:1PDR120081PD- 2008.99, Appeal of Committee of Adjustment Decision. B- 2008 -050, Kekic.wpd (AS CCIAMCNEY 010") Rei2dnger Road 123115 IN w0)) (Mr0cPAL x000) (ow5 4004 w.o0u,¢ 0CTh N CWc55OYN x "*,w ma+l CCNCEs00x +.c.Uw W e') ,01A0 E 50.142 1045 PART 1 Ere- 004± /5 9? h H E PART 2 a 0400 -0374 MA JQ l0J "VACANT PART 3 CEIVED SEP 22 200E P IANNIN0 B D EVELOPMENT Nole: Thin Nketch la NOT•a Plan of Survey. PART OF LOT 16, CONCESSION 4 (BEING PART 2 CA ELAN 59R- 12793) ;CEBCN/AoC TOV.NA,. 04 WLL000050) City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA SSIr000. CAIRAA I01M CO NfEAM 0 0000 SMt0Nt0 2000 M' TRIG NOTE GFS 050 00 MS %AN AK IN WOMBS 4110 C41 0E CONVERTED 70 RFT 00 01N0N0 BY 03040 9400 MATMtYS,CaKE ,HE1WIlo0.KfHBYT,HOWESuAVmecLID. 004 �W P. k T4 wpm Lim (0000 1 fit 0 0.4syNu 4M1 0.0000.41 00111 !0411601 810 02 1 3r" PA. ILu4 30)00 0)1400 ¢000501 0 4#eg0afi(TY0M 144711411 so a. mNU. Pot November 3, 2008 Council Minutes PO- 2008.96 Chief Administrative Officer -CB FIG -22008 -018, Revised Facade Commercial Building Improvement Grant Application -4675 Queen Street, Dominic Mustiano, UFCW Local 102 The report recommends that: 1. Council approve a revised application for a Facade Improvement and Commercial Building Grant for a total of $20,000 subject to meeting the program requirements including the entering into an agreement with the City; and 2. That if Council approves the revised application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade and commercial building improvement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously PD- 2008 -92 Chief Administrative Officer Review of Off-Site Parking for Hotels within the City's Tourist Areas. The report recommends that Council receive this report for information. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously PD- 2008 -94 Chief Administrative Officer Preconsultation on Certain Applications Under the Planning Act The report recommends that Council approve the preconsultation by -law on this evening's agenda. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously PD- 2008 -99 Chief Administrative Officer Appeal of Committee of Adjustment Decision Consent Application B- 2008.050, Applicant: Joe Kekic Agent: Brian Sinclair) Ort Road /Reixinger Road The report recommends that Council authorize staff to file an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application 8- 2008 -050 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. ORDERED on the motion of Councillor Wing, seconded by Thomson that the report be approved as recommended. Carried Unanimously with Councillor Pietrangelo declaring a conflict. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Jim Windjack, a city employee, on the passing of his father, to Velvia White, arena employee, on the loss of her mother, Elvira White, and to the family of the late Rose Morse who was a long -time city employee. Mayor Salci advised of some recent events: the Local Health Integration Network, (LHIN) hosted their Public Board meeting in our Council Chambers, the official opening of the new Forestview Public School, the Volunteer Recognition Awards Evening an awards ceremony for the Schools In Bloom Competition, the Annual Arts Culture Wall of Fame Induction Ceremony and the Chippewa Remembrance Day Ceremony. December 23, 2008 2.2.9 Rural Areas Mr. Dean Iorfida City Clerk City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: BRIAN SIMIAN PROFESSIONAL BI ORPORATION BRIAN N. SINCLAIR Q.C. Barrister Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: PD- 2008 -99 Appeal of Committee of Adjustment Decision Consent Application B- 2008 -09 Applicant: Joe Kekic (Agent— Brian Sinclair) Ort Road /Rexinuer Road This writer would like to appear before Council with a view of asking Council to withdraw their objection to the Ontario Municipal Board. The following are some of the reasons I have for doing so: In connection with the Provincial Policy Statement, the Policy Statement states in essence that new residential lots in prime agricultural areas are not permitted by Provincial Policy Statement. The Statement refers to prime agricultural lands. It does not refer to good agricultural lands or poor agricultural lands. I think it is very well known that the lands in Willoughby Township, in which this property is located, are not prime agricultural lands. In connection with the Region, the Regional Niagara Policy Plan designates these lands rural and as such it triggers certain policies in the "Growth Plan for the Greater Golden Horseshoe The GPGGH is now the paramount land use document for the Region (see the Ontario Municipal Board decision for Willoughby). The following Rural Area Policy from the GPGGH is provided for your information and to determine if it is relevant in this particular situation. 1. Rural settlement areas are key to the vitality and economic well -being of rural communities. Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas to serve the needs of rural residents and area businesses. 2. Development outside of settlement areas, may be permitted in rural areas in accordance with Policy 2.2.2.1(1). 3. New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site specific locations with approved zoning or designation that permits this type of development in a municipal official plan, as of the effective date of this Plan. 4. For lands within the Greenbelt Area, the applicable policies in the Greenbelt, Niagara Escarpment and Oak Ridges Moraine Conservation Plans apply. I would advise, also, that the lands are zoned properly and permit the severance which has been submitted. What the Region's Policy Plan is trying to do is determine if urban development is appropriate over the long term. If this severance went through, I believe it is more appropriate because the contiguous lands, of which there are five or six, are all on small lots on Ort Road. If the property is left in its present form, it will be more difficult to assimilate this property into an urban use because of the size of it. In other words, if they are smaller parcels, they will be more conducive to an urban use of these lands. This severance would certainly not jeopardize the future urban use of the lands. in analyzing the severance, certainly the Province and Region would not consider this particular piece of land, namely 2.34 acres, an important agricultural piece of land, especially in view of the fact that it is surrounded by six houses. It is strictly an infilling situation in which these planning instruments were not set in place to prevent. From a strictly common sense point of view, every application should be looked at on its own merits and, certainly, this particular matter should not be subject to an appeal and the Ontario Municipal Board's time should not be wasted on trivial matters such as this. I also enclose herewith copy of letter received from George Bandi of Niagara Olympia Homes indicating that there is no problem at all insofar as the Health Department is concerned. I would like to make an appearance before Council. Unfortunately, I have to go to Florida again in January because I have to rent a condominium down there and would appreciate if you could put the matter on in February, if possible. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION December 8, 2008 To: Joe Kekic NIAGARA OLYMPIA HOMES 3672 MATTHEWS DRIVE NIAGARA FALLS, ONTARIO L2H 2Y9 (fax) 905374 -1528 (phone) 905651 -1243 Re: Septic System Subject Land: (1.17 Acres) Reixinger /Ort Road This is to confirm that you will require a 60 foot square parcel of your proposed lot in order to accommodate the Ecoflo Biofilter ST -650 septic system. This system will be able to handle up to a 4 bedroom house with ease. If you require further information please do not hesitate to contact me at 905 -651 -1243. Yours, trul Gei a Bandi Pre dent (2/11/2009) Dean Iodide Status of Rpts to Feb 23 council From: Alex Herlovitch To: Andrew Bryce; Bob Bolibruck; Gwen Donofrio; Ken Mech Date: 2/11/2009 1:20 PM Subject: Status of Rpts to Feb 23 council CC: Dean Iorfida PD- 2009 -14 Proposed Streetscape etc DEFERRED to future meeting There should be something in the report which describes the administration of the work to be done (MW staff) and this should be discussed with Geoff Holman as part of the revisions to this report. This report has been deferred to allow a list of beautification priorities (or confirmation of Appendix) to be submitted by the full BIA This report is not to come back until the downtown Joint Steering Committee has looked at the report (which could be a long time from now since M. Gruen has not provided a list of appointees). The BIA should be aware that the planting and maintenance of flower beds on Queen Street will be their responsibility Of they don't concur the flower beds in 1. above will be replaced with brick pavers). The amount of transfer from the Studies account is to be reduced to $447,000 to ensure that $20,000 stays in that account to allow Karl Dren to complete a parking study for the downtown. The contingency amount should be adjusted by $10,000 to $41,000 certain revisions are to be made to the recommendations PD- 2009 -16 ZBL Amendment M N Boyd Proceeding as written PD- 2009 -17 Permanently Pulled Ken Beaman says it is fundamental to the OMB appeal that the 7 storey approval is better than the 29 storey approval and that OPA 68 not be rsecinded now. At the OMB hearing KB will ask that it be rescinded. I will advise Peter Colosimo. PD -2009- 018 Guidelines for Planter Boxes DEFERRED to future meeting This report is to be revised to address the "Downtown Committee"; it is not acceptable to have been "approved" by an Ad Hoc committee and should go through the downtown Joint Steering Committee (once appointments are made). Notice of removal of window boxes should be immediate if there is a hazard or safety issue (refer to Sidewalk Cafe Guidelines /Agreements) Revise to say window boxes will be reviewed by Joint Steering Committee Speak to Ken Beaman about preferred wording for insurance See ya! Alex Nage Mayor Ted Salci Mayor's Office The City of Niagara Falls 4310 Queen Street P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Dear Mayor Salci: e Air fund of serving children since 1877 In 2009, The Fresh Air Fund looks forward to its 133r summer of providing free summer vacations in rural and suburban communities to low- income children from New York City! The City of Niagara Falls continues to provide a beautiful setting for the Fresh Air youngsters who visit each year. In fact, a total of nearly 5,000 boys and girls between the ages of six and 18 will participate in the Friendly Town program this summer, enjoying new experiences and making lifelong friends throughout 13 Northeastern states and Canada. There are many more New York City children who can benefit from summer days spent in suburban and small town communities. We would greatly appreciate your help with reaching out to families who might enjoy hosting Fresh Air Fund children this summer by proclaiming March 20, 2009 "Fresh Air Fund Day" in Niagara Falls. Your participation will be a great help to the host recruitment efforts of our volunteer leaders in your city. Since 1877, The Fresh Air Fund has provided free country vacations to more than 1.7 million children from low- income neighborhoods. Fresh Air Fund youngsters leave hot city streets behind for up to two weeks of simple summertime fun running through grassy fields, swimming in lakes and sleeping under star filled skies. For many of these children, a free Fresh Air vacation is their first time away from the inner -city, and host families tell us that they gain more from the experience than their Fresh Air visitor. With your help, we hope to create these special bonds for more Niagara Falls families and New York City children, through the proclamation of "Fresh Air Fund Day" on March 20 Enclosed please find a sample proclamation and background materials for your review. Thank you for your time and consideration. Lorna Lane Niagara Falls, ON (289) 296-9304 rxrr9 ITIvvr Mprri'no inning PM.,.....nM Sincerely, twi-4 Jenny Morgenthau Executive Director 633 third avenue t 800 367 0003 new york, ny 10017 www.freshair.org 212 8978900 OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs. Donald Newhouse, Chairman of the Board John N. Irwin 111, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Mats G. Carlston Caroline Cummings Barbaralee Diamonstein- Spielvogel LizabethAnn R. Eisen Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson William P. Lauder Joseph J. Magliocco John D. McMahon Katherine M. Morris Kenneth F. Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Albert Simon Sidney Sutter Philip M. Waterman III Marc P. Weill Lisa Witten Frank D. Peary Caryn Zucker LIFE DIRECTOR Whitelaw Reid „Fresh Air fund serving children since 1877 SAMPLE PROCLAMATION WHEREAS The Fresh Air Fund provides free summer vacations in the country to close to 10,000 New York City youngsters each summer, and WHEREAS The Fresh Air Fund allows city youngsters to visit the homes of volunteer host families in 13 states and Canada, and WHEREAS Niagara Falls families have been participating in The Fresh Air Fund Friendly Town program for over 100 years, and WHEREAS The Fresh Air Fund allows New York City youngsters to enjoy Niagara Falls backyards, parks, and wide open spaces, and WHEREAS The Fresh Air Fund is celebrating its 133 summer, NOW, THEREFORE BE IT RESOLVED THAT I, Ted Salci, Mayor of the City of Niagara Falls, do hereby proclaim March 20, 2009 to be: "FRESH AIR FUND DAY” in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. 633 third avenue york, n 10017 t 800 897 8900 new Y 9 www.freshaicorg 1 212 897 8900 OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs. Donald Newhouse, Chairman of the Board John N. Irwin III, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Mats G. Carleton Caroline Cummings Barbaralee Diamonstein- Spielvogel LizahethAnn R. Eisen Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson William R Lauder Joseph J. Magliocco John D. McMahon Katherine M. Morris Kenneth F Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Alpert Simon Sidney Sutter Philip M. Waterman III Marc P. Weill Lisa Witten Frank D. Yeary Caryn Zucker LIFE DIRECTOR Whitelaw Reid 633 third avenue new york, ny 10017 Air fund serving children since 1877 FACTS ABOUT THE FRESH AIR FUND THE FRESH AIR FUND, an independent, not for -profit agency, has provided free summer vacations to more than 1.7 million New York City children from low- income communities since 1877. Nearly 10,000 New York City children enjoy free Fresh Air Fund programs annually. In 2008, close to 5,000 children visited volunteer host families in suburbs and small town communities across 13 states from Virginia to Maine and Canada. 3,000 children also attended five Fresh Air camps on a 2,300 -acre site in Fishkill, New York. The Fund's year -round camping program serves an additional 2,000 young people each year. FRESH AIR CHILDREN Children are selected to participate in The Fresh Air Fund Friendly Town program based on financial need. Children are from low income communities. Fresh Air youngsters are registered by more than 90 social service and community organizations in all five boroughs of New York City. FRESH AIR FUND FRIENDLY TOWN PROGRAM Fresh Air children, boys and girls from six to 18 years old, visit 300 Fresh Air Friendly Towns in the summer. Fresh Air children on first -time visits to Friendly Town host families are six to 12 years old and stay for up to two weeks. The program also has a special one -week option for New York City families who would like to host children on their summer vacations in the country. Over 65 percent of all children are reinvited to stay with host families, year after year. Reinvited youngsters may continue with The Fund through age 18, and many spend the entire summer in the country. Fresh Air children and volunteer families often form bonds of friendship that last a lifetime. FRIENDLY TOWN HOST FAMILIES Fresh Air Fund volunteer host families open their homes to inner -city children for two weeks or more in the summertime. Each Friendly Town community is supervised by a committee of volunteers. Committee members select host families after reviewing their applications, visiting them in their homes and checking their personal references. There are no financial requirements for hosting a Fresh Air child. Most hosts simply want to share their homes with inner -city youngsters. Host families are not paid. The Fund has a program for placing children who have special physical or emotional needs. t 800 367 0003 www.freshair.org t 212 897 8900 OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs. Donald Newhouse, Chairman of the Board John N. Irwin III, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Mats G. Carlston Caroline Cummings Barbaralee Diamonstein- Spielvogel LizabethAnn R. Eisen Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson William P. Lauder Joseph J. Magliocco John D. McMahon Katherine M. Morris Kenneth F Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Albert Simon Sidney Sutter Philip M. Waterman 111 Marc P. Weill Lisa Witten Frank D. Peary Caryn Zucker LIFE DIRECTOR Whitelaw Reid EXECUTIVE DIRECTOR Jenny Morgenthau Ontario February 6, 2009 Helping Kids with Physical Disabilities Succeed Dear Mayor Salci and the Council of Niagara Falls, 2009 marks the 87 anniversary of Easter Seals Ontario. During the month of March, we will be holding our annual fundraising and awareness campaign called March is Easter Seals Month featuring events and programs in local communities. The generous support from community members will help kids with physical disabilities in many essential ways. Funds raised will go towards financial assistance of equipment such as walkers, wheelchairs, porch lifts, ramps and communication devices, providing summer camping experiences at Easter Seals camps, and funding of alternate recreational programs such as swimming and art classes. We are requesting your help in raising awareness for kids with physical disabilities living in your area and across Ontario. We would be grateful if you would consider declaring March is Easter Seals Month with a proclamation and presentation at an official or informal meeting in late February or early March. As a thank you, our local Easter Seals Ambassadors, staff and volunteers are available to attend proclamation presentations to share our appreciation publicly. Thank you for taking the time to consider declaring March is Easter Seals Month. I will contact your office shortly to discuss this opportunity and a possible date, time and location; however should you have any questions, please contact me at the number below. Sincerely, Candace Anderson Sr. Development Officer Niagara, Hamilton Haldimand- Norfolk 4025 Dorchester Road, Suite 246 Niagara Falls, ON, L2E 7K8 Tel: 905.356.4363 Toll Free: 1.888.292.5714 Fax: 905-356-9751 canderson @easterseals.org Encl. (proclamation copy attached) www.easterseals.org Incorporated as the Ontario Sorrely lo! Crippled Children. Charitable Registration No. 119088377 RR008I WHEREAS: WHEREAS: WHEREAS: WHEREAS: PROCLAMATION March is Easter Seals Month For the past 87 years Easter Seals Ontario has been helping children, youth and young adults with physical disabilities. Easter Seals helps 7,000 families of kids with physical disabilities to purchase necessary equipment such as wheelchairs, walkers, ramps, lifts, and communication aids. Easter Seals provides recreational experiences at Easter Seals camps, and funding of participation in other recreational programs such as day camps, swimming and art classes. Easter Seals has developed a province -wide network of community -based volunteer groups called District Councils. These councils represent the community, consisting of Easter Seals' parents, volunteers, donors, teachers, medical representatives and other community members. WHEREAS: March is Easter Seals Month is a fundraising and awareness campaign for kids with physical disabilities. During March, communities across the province fundraise and create awareness through events such as The Easter Seals Telethon and Snowaramas and programs such as Paper Eggs. NOW THEREFORE: I Mayor of do hereby proclaim the month of March 2009 as Easter Seals Month and encourage everyone to support Easter Seals during its fundraising and awareness campaign. NIAGARA BRANCH P.O. Box 776 Font6ill. Ont LOS 1E0 President: Ruth Beekhuis V ice- President: Len Dykstra Treasurer: Mary Anne Minard Secretary: Wendy Bulthuis Program Coordinator: Nasim Banu- Ahmed Communications Coordinator: Joan Worthington Members -at- Large: Carolyn Scott, Cheryl Stock February 6, 2009 Dear Mayor Ted Salci We are writing to request that you proclaim March 2 8, 2009 as "Social Work Week" in the City of Niagara Falls. Social Workers in Niagara Falls and across Canada will be celebrating the role and contribution of the profession by hosting events in March. While some Social Workers work directly with older adults and their families through hospitals, clinics, home care services, long -term facilities and a wide array of other services, we are all touched by aging. This year's slogan, Social Workers: Making a Difference in the Lives of Older Adults and Their Families, was selected to focus attention on the significant role social workers play in the provision of services to older adults and to the entire family. The Niagara Branch of the Ontario Association of Social Workers will be hosting a panel discussion at Niagara College on March 10, 2009 for students and professionals. The evening will feature a panel discussion with local service providers who work with older adults and their families in Niagara. Thank you very much for your support. Please do not hesitate to contact me if you require any further information. Sincerely, Ruth Beekhuis MSW, RSW 905 646 -3507 President, Niagara Branch Ontario Association of Social Workers February 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2009 -16 Charter Request Project SHARE RECOMMENDATION: For the consideration of City Council. BACKGROUND: Recommended by: Niagara C4N4D4 Sunday, April 19, 2009, Project S.H.A.R.E. will host its annual Restaurant Ride Fund- raiser. Local Restaurants contribute food samples to participants with proceeds donated to Project S.H.A.R.E. to assist the community. Over the past several years, Niagara Transit and Project S.H.A.R.E, partnered by providing transportation for participants. Project S.H.A.R.E. is requesting Niagara Transit donate the use of buses for this special event. Estimated Transportation Cost 6 hours /bus X 4 buses 24 hours Charter rate is $75 /hr./ bus X 24 hrs $1,800.00 $90.00 (5% GST) $1,890.00 The local organizing committee is requesting Council consider providing a grant for the charter fees for Niagara Transit bus service for this event. Karl Dren, Director of Transportation Services TS- 2009 -16 Approved by: Ed Dujlovic, Executive Director of Community Services t x 0 Queen Street P0 1023 Niagara Falls ON Canada L2E 6X5 '905- 356 -7521 wwwniagarafalls.ca OL 2 5: \General AdministratioM p..00 GA 1.01 6ports12009 Council \02 Feb 231TS- 2009 -16 Request from Project SHAF. €wpd Community Services Department Transportation Services February 23, 2009 TS- 2009 -17 Members: iagara, His Worship Mayor Ted Salci (2 ANA 1) A and Members of the Municipal Council City of Niagara Falls, Ontario Re: TS- 2009 -17 Proposed New Bus Graphics RECOMMENDATION: That Council approve the new Niagara Falls Transit bus design graphic. BACKGROUND: For the past twenty -five plus years, Niagara Transit has presented itself to the community in the same double blue striped graphics design. With the opening of an exciting new chapter as an integral member of the City's Transportation Services Division team, it is an opportune time to project a dynamic new image to inform our community of the new direction their transit system is taking. Our fleet of buses is the single -most important advertising tool that can be employed to inform the community about the exciting changes occurring within their transit system. The attractive new look serves many purposes: 1. It will begin the process of re- branding our transit system as Niagara Falls Transit; 2. The new transit design, which projects the City logo, further informs the community the transit services are provided through the City of Niagara Falls, as opposed to the Greater Niagara Transit Commission; and, 3. In a City which has many buses operating, the vibrant new look will easily inform customers the approaching bus is their city bus. The approximate cost to apply the new paint and vinyl scheme, on our four new 35 foot buses that have just arrived, will be approximately $6,000.00 per bus. This is a one time cost as the newer vinyl applications will last the life of the vehicle. Currently, the cost to apply the double blue stripes, our name, and black paint across the bottom of the buses is $2,000.00 per bus. All buses purchased in the future will arrive pre painted blue above the side windows, across the front and at the back, with only the vinyl to be applied following delivery of new vehicles As we move forward, this will reduce the new graphic cost by 50 .FS,_: 0 Queen;Street P0?Box 1023 Niagara Falls'Ota, Canada L2E 6x5 905;356 7527 www.niagarafalIs.ca Working Together to Serve Our Community Community Services Department Transportation Services February 23, 2009 Recommended by: Approved by: 2 TS- 2009 -17 It is also the intent to continue the sale of advertising space on the side, the back and offer full bus wraps on existing buses. As well, the highly valuable bus backs will continue to be available for advertising purposes on the four buses with the new design. The value of maintaining an exciting, vibrant new design to the fleet is tremendously valuable to Niagara Falls Transit. It will afford our organization the opportunity to begin the process of signaling change throughout the community in a professional manner. The buses are the Community's and an attractive uniform fleet will better promote the service with the intent to attract new customers while retaining our loyal riders. Therefore, staff recommends Council approve the new graphics design. Financing: Approximate project cost $24,000. Funding: Transit Maintenance Services account #11 -3- 331000 030001. Karl Dren, Di -ctor of Transportation Services Ed Dujlovic, Executive Director of Community Services D.Stuart SiGeneral Administration\GA 1.01 Reports12009 Community Services\02 Feb 231TS- 2009 -17 Proposed New Bus Graphics.wpd February 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario 1. Tax Receivables Current Taxes Total Unpaid Taxes Unpaid Taxes as of Annual Taxes Levied Niagara /alts Members: Re: F- 2009 -06 2008 Major Receivables Year -End Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to December 31 2008. 2008 2007 Percentage Collected 93% 93% Levy to Date 159,859,929 158,245,403 Penalties Charged 1,119,683 1,067,123 Collections 150,252,069 148,386,299 Balance 10,727,543 10,926,227 Tax Arrears 2008 2007 Percentage Collected 58% 65% Opening Balance 16,519,455 14,489,650 Penalties Charged 1,463,038 1,345,602 Collection 10,408,882 10,242,024 Balance 7,573,611 5,593,228 18,301,154 16,519,455 0-Qrfeen..Street PO,Box1023 NiagaraFalls ON ,Canada12E6X5�?'905356 °7521 www.nia.arafalls.ca 11.45% 10.44% Working Together to Serve Our Community F- 2009 -06 Corporate Services Department Finance February 23, 2009 2 F-2009-06 2. Other Receivables Sundry Receivables 2008 2007 Accounts Receivables 1,767,062 1,011,726 Finance staff continues to focus on the full collection of outstanding taxes. At this time, 34 properties are registered and subject to tax sale. As of January 1, 2009 a total of 364 properties are subject to registration. At this time, 104 accounts have suitable arrangements while staff continue to work towards resolution of the other properties. For those properties in arrears but not subject to registration, Finance staff continue to work with taxpayers to seek resolution. Finance staff have initiated a new process of reporting to Council the status of tax receivables which includes monthly reporting. This will commence for the next committee meeting. The Sundry Receivables include an amount of $951,396 from the Niagara Parks Commission, which represents the full amount of the fee for services agreement that the City entered into with the Niagara Parks Commission. The Commission's decision to withhold payment is consistent with the agreement between the two parties. Recommended by: Respectfully submitted: AF:lw Todd Harrison, Dire'' or of Finance Ken Burden, Executive Director of Corporate Services February 23, 2009 F- 2009.09 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -09 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $11,029,572.94 for the period January 9, 2009 to February 4, 2009. BACKGROUND: Niagaiaj3alls l A N A D 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: Ml Todd Ha rison, Dir -ctor of Financial Services Ken Burden, Executive Director of Corporate Services ue ri +5'treet*PCBox1023'-Nia ara'FallsioN' Ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1108915 ONTARIO LTD 1174757 ONTARIO INC 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 1407833 ONTARIO INC 1736168 ONTARIO INC 2 GUYS GLASS INC 2030688 ONTARIO LTD 3C INTERNATIONAL C/O CLARKE SNOW RILEY LLP 3L PRODUCTIONS INC 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A BC RECREATION LTD AB C RECREATION LTD A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD A J STONE COMPANY LTD ABBRUSCATO,GIUSEPPA ACCU LOCK AND SECURITY ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AIR LIQUIDE CANADA INC ALCO HOME IMPROVEMENTS ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALT,LORI AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMY AWNINGS SIGNS ANDERSON,GARY APPLIED RESEARCH ASSOCIATES INC AQUICON CONSTRUCTION CO LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ASCAH,KELLY CAMERON ASHLAND CANADA CORP ASSOCIATION OF MUNICIPALITIES OF ONTARIO ASSOCIATION OF ONTARIO ROAD SUPERVISORS B &13 LIFT TRUCK SERVICE B 813 LIFT TRUCK SERVICE B 813 LIFT TRUCK SERVICE BABYK,MEAGYN BARCLAY TODD'S BARCLAY TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL,TIM BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BEST WESTERN CAIRN CROFT HOTEL SICKLE MAIN INDUSTRIAL SUPPLY BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BOB ROBINSON SON CONSTRUCTION BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUW,JEFF Cheque No, Cheque Date Purpose 326281 21- Jan -2009 CONTRACT SERVICES 326116 14- Jan -2009 SERVICE DEPOSIT REFUND 326117 14 -Jan -2009 SERVICE DEPOSIT REFUND 326437 28- Jan -2009 CONTRACT NIAGARA CONVENTION 326282 21- Jan -2009 OAKS PARK GATES 326438 28- Jan -2009 REFUND DAMAGE DEPOSIT 326118 14- Jan -2009 MATERIALS 326439 28- Jan -2009 CONTRACT SERVICES 326283 21- Jan -2009 MATERIALS 326584 04- Feb -2009 NEW YEARS EVE PRODUCTION SEF 326304 21- Jan -2009 CONTRACT 2008 -04 ASPHALT PATC 326467 28- Jan -2009 CONTRACT 2008 -04 ASPHALT PATC 326121 14- Jan -2009 CONTRACT SPLASH PAD MACBAIt 326122 14- Jan -2009 CONTRACT SPLASH PAD /MACBAIN 326125 14- Jan -2009 SERVICES WEBSITE DEVELOPMENT 326440 28- Jan -2009 ADVERTISING -NF TOURISM JAN09 326287 21- Jan -2009 MAINTENANCE /REPAIRS 326120 14- Jan -2009 SENIOR TAX REBATE 326124 14- Jan -2009 MAINTENANCE /REPAIRS 326126 14- Jan -2009 SERVICES 326441 28- Jan -2009 CONTRACT SERVICES 326585 04- Feb -2009 MATERIALS 326127 14- Jan -2009 MAINTENANCE /REPAIRS 326285 21- Jan -2009 MAINTENANCE /REPAIRS 326442 28- Jan -2009 MAINTENANCE/REPAIRS 326586 04- Feb -2009 CONTRACT SERVICES 326286 21- Jan -2009 LEASES AND RENTS- CYLINDER RE? 326443 28- Jan -2009 LEASES AND RENTS 326288 21- Jan -2009 REFUND RE: 4129 PORTAGE 326128 14- Jan -2009 CONTRACT- FRUITBELT PKWY 326444 28-Jan-2009 CONTRACT SERVICES 326587 04- Feb -2009 MATERIALS 326445 28- Jan -2009 MATERIALS 326588 04- Feb -2009 MATERIALS 326129 14- Jan -2009 MATERIALS 326130 14- Jan -2009 PAYROLL REMITTANCE 326289 21- Jan -2009 PAYROLL REMITTANCE 326290 21- Jan -2009 ADMINISTRATIVE 50% OF NEGOTIA' 326589 04 -Feb -2009 PAYROLL REMITTANCE 326291 21- Jan -2009 REFUND 50% SIGN PERMIT 4337 326131 14- Jan -2009 REFUND DAMAGE DEPOSIT 08 326292 21- Jan -2009 SERVICES 326590 04- Feb -2009 CONTRACT SERVICES 326132 14- Jan -2009 STORES /INVENTORY 326591 04 -Feb -2009 STORES /INVENTORY 326592 04- Feb -2009 REFUND 326446 28- Jan -2009 MATERIALS 326593 04- Feb -2009 SUBSCRIPTION JAN 1, 2009 DEC 3 326134 14- Jan -2009 SERVICES -SNOW PLOUGH OPERA} 326135 14- Jan -2009 MAINTENANCE /REPAIRS 326447 28- Jan -2009 SUPPLIES 326451 28- Jan -2009 MATERIALS 326448 28- Jan -2009 REFUND TAX OVERPAYMENT ROLL 326449 28- Jan -2009 CONCESSION SUPPLIES 326594 04- Feb -2009 CONCESSION SUPPLIES 326450 28- Jan -2009 CONTRACT NIAGARA FALLS AREN 326137 14- Jan -2009 SERVICES 326138 14- Jan -2009 UTILITIES 326138 14- Jan -2009 SERVICES 326294 21- Jan -2009 SERVICES 326595 04- Feb -2009 UTILITIES 326596 04- Feb -2009 UTILITIES 326597 04- Feb -2009 UTILITIES 326139 14- Jan -2009 MATERIALS 326453 28- Jan -2009 LEASES AND RENTS 326140 14- Jan -2009 SERVICES SUMMER TRILLIUM PRE; 326598 04- Feb -2009 STORES /INVENTORY 326141 14- Jan -2009 MAINTENANCE /REPAIRS 326599 04- Feb -2009 SERVICES 326547 28- Jan -2009 CONTRACT SERVICES 326295 21- Jan -2009 CONSULTING APPEALS /CASINO Of 326454 28- Jan -2009 ADMINISTRATIVE 326600 04 -Feb -2009 MATERIALS Page 1 of 8 Amount 31.50 750.00 750.00 9,318.75 12, 075.00 750.00 125.79 10, 500.00 100.00 940.00 22,033.50 64,408.76 37, 932.87 19,390.88 1,495.00 6,195.00 57.13 100.00 84.00 556.50 850.75 84.88 491.15 1,313.48 4,899.06 1,991.61 11.19 11.56 65.00 9,991.50 11,907.00 26.84 1,249.18 596.60 142.37 581.73 581.73 678.21 581.58 108.25 750.00 6,300.00 1,551,641.62 377,594.89 1,190.69 750.00 278.78 137.97 10,673.92 1,070.15 620.74 299.57 167.97 279.46 270.57 22,326.00 79.35 113.00 56.50 79.10 798,54 11.34 85.95 150.00 1,808.00 721.99 363.86 86.68 42.04 4,634.44 4,326.00 47.78 1,230.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRANTFORD -BRANT BUSINESS RESOURCE ENT CTR BREMOR ENGINEERING LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRUNNING,TODD BUNTIN REID BURKE GROUP THE BURSHTEIN,TIM BUSINESS EDUCATION COUNCIL OF NIAGARA C D HENDERSON ASSOC INC CALE SYSTEMS INC CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE THE CAMPBELL,CAREY CANADA BREAD- ONTARIO #T6249 CANADIAN ASSOC OF CERTIFIED PLANNING TECHNICIANS CANADIAN ASSOCIATION OF FIRE CHIEFS CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARRICK,MARZENNA CARSWELL CENTURY VALLEN CERTI ENVIRONMENTAL CONSULTANTS CHAMPION INDUSTRIAL EQUIPMENT CHAMPION INDUSTRIAL EQUIPMENT CHARLES JONES INDUSTRIAL LTD CHRISTENSEN,TRACI CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CLUB ITALIA ORDER OF SONS OF ITALY CLUB MARDI GRAS NIAGARA COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,MICHAEL COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERNATIONAL INC CONTINENTAL TIRE CANADA INC CONVERGENT TELECOM COPELAND,SUSAN CORPORATION OF THE CITY OF WELLAND COTTON INC COVER -ALL BUILDING SYSTEMS OF ONTARIO COVINGTON,SILVANA& COVINGTON, BRIAN JAMES CRAWFORD COMPANY (CANADA) INC CRAWFORD,JOE CREATIVE SIGNWORKS OF NIAGARA INC CROWLAND VOLUNTEER FIRE DEPT NO 6 CROWLAND VOLUNTEER FIRE DEPT NO 6 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUSTOM CAST SIGNS CYGNAL TECHNOLOGIES CORP T46181 DANIELE,MIKE DMA FIX DECEMBRINI,LINA Cheque No, Cheque Date 326296 21- Jan -2009 326297 21- Jan -2009 326143 14- Jan -2009 326144 14- Jan -2009 326145 14- Jan -2009 326601 04- Feb -2009 326146 14- Jan -2009 326455 28- Jan -2009 326457 28- Jan -2009 326602 04- Feb -2009 326298 21- Jan -2009 326603 04 -Feb -2009 326458 28- Jan -2009 326147 14 -Jan -2009 326459 28- Jan -2009 326464 28- Jan -2009 326148 14- Jan -2009 326299 21- Jan -2009 326604 04- Feb -2009 326149 14- Jan -2009 326150 14- Jan -2009 326300 21- Jan -2009 326460 28- Jan -2009 326151 14- Jan -2009 326301 21- Jan -2009 326461 28- Jan -2009 326152 14- Jan -2009 326462 28- Jan -2009 326302 21- Jan -2009 326463 28- Jan -2009 326605 04- Feb -2009 326153 14- Jan -2009 326155 14- Jan-2009 326465 28- Jan -2009 326606 04 -Feb -2009 326156 14- Jan -2009 326466 28- Jan -2009 326607 04- Feb -2009 326157 14- Jan -2009 326158 14- Jan -2009 326305 21- Jan -2009 326468 28- Jan -2009 326611 04- Feb -2009 326159 14- Jan -2009 326469 28- Jan -2009 326160 14- Jan -2009 326612 04- Feb -2009 326470 28- Jan -2009 326471 28- Jan -2009 326161 14- Jan -2009 326308 21- Jan -2009 326472 28- Jan -2009 326162 14- Jan -2009 326613 04 -Feb -2009 326163 14 -Jan -2009 326614 04- Feb -2009 326610 04- Feb -2009 326309 21- Jan -2009 326616 04- Feb -2009 326473 28- Jan -2009 326311 21- Jan -2009 326164 14- Jan -2009 326312 21- Jan -2009 326313 21- Jan -2009 326474 28- Jan -2009 326165 14- Jan -2009 326314 21- Jan -2009 326475 28- Jan -2009 326617 04 -Feb -2009 326166 14- Jan -2009 326315 21 -Jan -2009 326316 21- Jan -2009 326318 21- Jan -2009 326618 04- Feb -2009 Purpose GRANT ALLOWANCE FEBRUARY 09 ADVERTISING MATERIALS REMITTANCE EXPORT TRAINING -L. REFUND -RE 6565 LUNDY'S LANE CONTRACT SERVICES MATERIALS STORES /INVENTORY PALLET DEF STORES /INVENTORY CONSULTING -PARK OPTION /MONTI PEOPLE MOVER DEC 2008 REIMBURSEMENT /OFC,WATER /ICE MATERIALS MATERIALS MATERIALS SERVICES -I'NET JAN -DEC 2009 MATERIALS SERVICES GPRS DEC 08 SERVICES GPRS JAN09 SERVICES TRAVEL /MILEAGE OCT 08 CONCESSION SUPPLIES MEMBERSHIP DUES 2009 MEMBERSHIP CONTRACT DEPOT /8061 SCHISLEI MAINTENANCE /REPAIRS SERVICES- SIGNAL MAINTENANCE SERVICES SERVICES CONTRACT SERVICES MATERIALS MATERIALS TRAVEUMILEAGE DECEMBER 08 MATERIALS MATERIALS CONSULTING SERVICES MATERIALS MATERIALS STORES /INVENTORY SERVICES SUMMER CO 2008 MAINTENANCE /REPAIRS LEASES AND RENTS LEASES AND RENTS DEPOSIT FOR VOLUNTEER RECOGI REFUND- SERVICE DEPOSIT 08 CONTRACT SERVICES SERVICES UTILITIES TRAINING MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS CONTRACT SERVICES CONTRACT MAIN -B R I TAN N IA, H I G H, I CONTRACT SERVICES REFUND TAX OVERPAYMENT CONTRACT SERVICES VARIETY SHOW 19/12/08 MAINTENANCE/REPAIRS -GALE CON REFUND /REIMB RT MOBILE INV 641: REIMBURSEMENT FOR VCOS COUF PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS COMPUTER SERVICES MATERIALS CONTRACT SERVICES REFUND Page 2 of 8 Amount 17,850.00 2,559.39 399.00 1,500.00 1,494.89 1,044.52 701.54 305.64 856.01 2,969.93 45.00 1,074.96 236.25 135.59 14,331.15 101.00 915.30 915.30 16.95 111.50 78.00 140.00 822.00 357.00 840.00 3,396.24 1,018.23 264.60 531.20 59,889.33 40,217.75 64.50 1,139.12 78.65 6,431.25 1,488.21 2,650.98 271.29 100.00 433.65 898.35 881.40 500.00 750.00 22,695.76 216.54 938.89 45.00 404.45 1,989.79 20,010.54 23,282.22 236.25 4,405.64 339.00 1,000.00 394.67 49,102.75 1,331.09 304.03 310.00 300.00 165.50 78.75 459.00 3,546.58 3,596.27 3,631.02 3,626.95 150.20 2,943.94 150.00 2,205.00 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DECKONING,KIM DEEP STEAM DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DESIGN ELECTRONICS DESROCHES,JAMES ROY DETENBECK,TOM DILELLA,ANGELINA DOL TURF RESTORATION LTD DOL TURF RESTORATION LTD DOMSON ENGINEERING INSPECTION LTD DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAWING CENTRE DUERKSEN,ANGELA DUGAS,GUY E3 LABORATORIES ECO SOLUTIONS PARTNERS EDWARDS,KATHRYN ELECTROMEGA LTD ELIA,DOMENIC ELOQUIP LTD EMERALD EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENTERPRISE RENT A CAR EQUITY HOMES NIAGARA INC ESTATE OF FERGUSON,LENA EVANOFF,VICTOR EVANS PHILP LL P IN TRUST EVANS UTILITY SUPPLY LTD EVANS,ANDREW EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FANSOLATO,WAYNE FEDERAL EXPRESS CANADA LTD FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORTUNA,EVA FRANK COWAN COMPANY LIMITED FRONTIER EQUIPMENT CO LTD FUELMAKER CORPORATION G K SERVICES CANADA INC GAHEER,MANDEEP GALO,RODERIC G GALT MACHINE KNIFE SAW GAULD NURSERIES LTD GIROUX,MARC CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOEGAN,DAVID GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC Cheque No. Cheque Date Purpose 326168 14- Jan -2009 REIMBURSEMENT MINICIPAL LOT P 326167 14- Jan -2009 SERVICES CARPET CLEANING 326476 28- Jan -2009 CONSULTING SERVICES- KALAR >LU 326477 28- Jan -2009 MATERIALS 326619 04- Feb -2009 MATERIALS 326169 14- Jan -2009 SERVICES 326170 14- Jan -2009 REFUND RE 5640 ROYAL MANOR 326320 21- Jan -2009 REIMBURSEMENT /HEART /STROKE 326171 14- Jan -2009 SENIOR TAX REBATE 326620 04- Feb -2009 CONTRACT P12 -2008 ARTIFICIAL TL 326621 04 -Feb -2009 CONTRACT P12 -2008 SUPPLY INS 326478 28- Jan -2009 MATERIALS 326280 16- Jan -2009 REMITTANCE -1ST LEVY /2009 326622 04- Feb -2009 MATERIALS 326173 14- Jan -2009 MATERIALS 326174 14- Jan -2009 TRAVEL /MILEAGE JAN 09 326321 21- Jan -2009 REFUND RE: 5157 MCGLASHAN 326322 21- Jan -2009 SERVICES 326323 21- Jan -2009 MATERIALS 326479 28- Jan -2009 MATERIALS 326623 04 -Feb -2009 SUPPLIES 326324 21- Jan -2009 MATERIALS 326177 14- Jan -2009 MATERIALS 326178 14- Jan -2009 CONTRACT -5680 DON MURIE 326480 28- Jan -2009 ADMINISTRATIVE 326179 14-Jan-2009 UTILITIES 326325 21- Jan -2009 UTILITIES 326481 28- Jan -2009 UTILITIES 326326 21- Jan -2009 CONTRACT -CUT OFF 4633 PARK LA 326482 28- Jan -2009 UTILITIES 326483 28- Jan -2009 CONTRACT SERVICES NF COMMU 326626 04- Feb -2009 CONTRACT SERVICES LIONS PARI 326180 14- Jan -2009 REFUND 326327 21- Jan -2009 REFUND DAMAGE DEPOSIT BP2008 326488 28- Jan -2009 SENIOR TAX REBATE 326627 04- Feb -2009 TRAVEL /MILEAGE 326329 21 -Jan -2009 REMITTANCE RE RIDDOCH SETTLE 326628 04- Feb -2009 MATERIALS 326328 21- Jan -2009 MATERIALS 326484 28- Jan -2009 MATERIALS 326181 14- Jan -2009 MAINTENANCE /REPAIRS 326182 14- Jan -2009 SERVICES- THERMOGRAPHIC SURV 326485 28- Jan -2009 MAINTENANCE /REPAIRS 326486 28- Jan -2009 CONCESSION SUPPLIES 326629 04- Feb -2009 MATERIALS 326487 28- Jan -2009 TRAINING 326630 04 -Feb -2009 COURIER 326183 14- Jan -2009 SERVICES MONITORING FEB 1/09 326184 14- Jan -2009 MEMBERSHIP 2009 326278 15- Jan -2009 ADMINISTRATIVE -USER GROUP AS 326185 14- Jan -2009 STORES /INVENTORY 326331 21- Jan -2009 STORES /INVENTORY 326632 04- Feb -2009 STORES /INVENTORY 326186 14- Jan -2009 FORTUNA SUBDIVISION GRADING F 326332 21- Jan -2009 ADMINISTRATIVE- DEDUCTIBLE BILL 326187 14- Jan -2009 STORES /INVENTORY 326489 28- Jan -2009 MAINTENANCE/REPAIRS 326491 28- Jan -2009 MATERIALS 326333 21- Jan -2009 REFUND -PAPP OVERPAYMENT JAN 326334 21- Jan -2009 REFUND DUPLICATE PAYMENT #C0 326490 28- Jan -2009 SUPPLIES 326188 14- Jan -2009 MATERIALS 326633 04- Feb -2009 REFUND 326189 14- Jan -2009 MATERIALS 326335 21- Jan -2009 MATERIALS 326634 04 -Feb -2009 STORES /INVENTORY 326190 14- Jan -2009 SERVICES 326492 28- Jan -2009 REFUND OF TAX OVERPAYMENT R( 326191 14- Jan -2009 MATERIALS 326336 21- Jan -2009 MATERIALS 326493 28- Jan -2009 MATERIALS 326494 28-Jan-2009 PAYROLL REMITTANCE 326192 14 -Jan -2009 ADMINISTRATIVE 326495 28-Jan-2009 MATERIALS Page 3 of 8 Amount 16.95 202.99 17,225.41 23,436.69 214.69 1,433.40 750.00 40.00 100.00 92,478.89 2,619.54 3,648.75 50,000.00 370.37 352.56 120.00 750.00 4,881.07 9,207.73 90.39 1,582.00 150.00 72.40 456.75 36,410.45 49,646.01 3,684.46 3,831.65 1,260.00 607.60 1,050.00 4,360.02 20.00 760.00 50.00 24.00 6,000.00 2,620.31 150.00 386.94 4,371.57 1,575.00 556.76 629.58 1,730.21 45.00 19.50 1,042.36 100.00 1,999.66 704.44 336.74 2,183.23 1,000.00 12,278.26 6.57 1,469.90 133.59 155.05 10.00 298.32 949.20 533.68 6,707.71 1,147.94 3,994.47 126.45 111.12 274.37 45.62 1,677.44 34.00 11,957.15 553.70 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALLIDAY,FRED HAMILTON,STEPHEN HARRISON,TODD HEART NIAGARA INC HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOLMES,CAROL HOSPITALITY RESORTS INC HR SYSTEMS STRATEGIES INC HUDSON,JASON CECO ADVANCED ARENA PRODUCTS CI CANADA INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NTEGRITY INDUSTRIAL ABSORBENT PRODUCTS OANNONI,CARMINE OANNONI,CARMINE OANNONI,CAROLYNN J &B JAX COMMERCIAL FITNESS EQUIPMENT REPAIR KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KING LUMINAIRE COMPANY INC KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING (2008) LTD. L WALTER SONS EXCAVATING (2008) LTD. LAFARGE CANADA INC LAFARGE CANADA INC LAKES MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LIEFL,JAMES LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LONGO,RALPH LOOPSTRA NIXON LLP LOVAS STANLEY /RAY BERNDTSON INC. M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACDONALD,JOHN H. MACLEOD,JOHN MACLEOD,JOHN MAIOLO,FRANK MARTIN SHEPPARD FRASER LLP IN TRUST MARTIN,CHRISTOPHER MARTIN,RAY MAVES,DIANE MCCAULEY,DON MCCOLL,AGNES MCCONNELLLUCILLE MCDONALD,ROB MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDIA PRO INC MEDIA PRO INC MG PROMOTIONS MHPM PROJECT MANAGERS INC MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD Cheque No. Cheque Date 326496 28- Jan -2009 326193 14- Jan -2009 326636 04- Feb -2009 326635 04- Feb -2009 326194 14- Jan -2009 326637 04- Feb -2009 326195 14- Jan -2009 326337 21- Jan -2009 326497 28- Jan -2009 326338 21- Jan -2009 326498 28- Jan -2009 326499 28- Jan -2009 326197 14- Jan -2009 326500 28- Jan -2009 326501 28- Jan -2009 326339 21- Jan -2009 326198 14- Jan -2009 326340 21- Jan -2009 326199 14- Jan -2009 326341 21- Jan -2009 326200 14- Jan -2009 326342 21- Jan -2009 326202 14- Jan -2009 326203 14- Jan -2009 326343 21- Jan -2009 326638 04- Feb -2009 326436 26- Jan -2009 326639 04- Feb -2009 326205 14- Jan -2009 326640 04- Feb -2009 326345 21- Jan -2009 326503 28- Jan -2009 326346 21- Jan -2009 326206 14- Jan -2009 326347 21- Jan -2009 326641 04- Feb -2009 326207 14- Jan -2009 326349 21- Jan -2009 326352 21- Jan -2009 326211 14- Jan -2009 326650 04- Feb -2009 326350 21- Jan -2009 326642 04- Feb -2009 326208 14- Jan -2009 326504 28- Jan -2009 326643 04 -Feb -2009 326646 04- Feb -2009 326210 14- Jan -2009 326506 28- Jan -2009 326647 04- Feb -2009 326507 28- Jan -2009 326649 04- Feb -2009 326508 28- Jan -2009 326221 14- Jan -2009 326517 28- Jan -2009 326353 21- Jan -2009 326212 14- Jan -2009 326354 21- Jan -2009 326509 28- Jan -2009 326356 21- Jan -2009 326357 21- Jan -2009 326355 21- Jan -2009 326651 04- Feb -2009 326652 04- Feb -2009 326213 14- Jan -2009 326653 04- Feb -2009 326214 14- Jan -2009 326654 04- Feb -2009 326358 21- Jan -2009 326215 14- Jan -2009 326359 21- Jan -2009 326216 14- Jan -2009 326360 21- Jan -2009 326511 28- Jan -2009 Purpose CONTRACT 2005 -01 STREETLIGHTIt STORES /INVENTORY STORES /INVENTORY MAINTENANCE /REPAIRS STORES /INVENTORY STORES /INVENTORY MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS LEASES AND RENTS CONTRACT SERVICES REFUND OF SECURITY DEPOSIT PETTY CASH/TRAVEL TRAVEL/MILEAGE MISC AUG -NO\ ADMINISTRATIVE 2009 DOCS ON I( ADMINISTRATIVE LEASES AND RENTS SENIOR TAX REBATE REFUND: OVERPAYMENT CITY /REG SERVICESNADIM REIMBURSEMENT /HEART STROK MATERIALS STORES /INVENTORY MATERIALS PHIL RUDACHUK MATERIALS TRAVEL /MILEAGE JAN 20/09 REFUND REFUND SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES 08 -046 DIXC CONTRACT SERVICES FINANCE R MATERIALS LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SNOW PLOWING DEC 08 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND FOR CANCELLED APPLICA FUEL FUEL FUEL MATERIALS CONTRACT SERVICES SMART CEI CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES REFUND MATERIALS MATERIALS SETTLEMENT REIMBURSEMENT MATERIALS TRAVEUMILEAGE MATERIALS SENIOR TAX REBATE TRAVEL/MILEAGE TRAVEUMILEAGE TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES NCCC CONTRACT SERVICES Page 4 of 8 Amount 14,091.02 2,079.74 1,306.62 1,892.75 79.10 254.25 179.03 179.03 800.53 20, 599.00 750.00 684.79 325.00 3,000,00 3,192.00 3,254.87 100.00 33,961.20 2, 203.50 40.00 2,381.31 253.99 192.09 1,130.05 145.00 531.00 737.89 47.25 220.50 21,576.20 5,067.66 10,391.86 15,905.00 6,020.64 5,250.00 77.34 29,763.30 1,354.50 2,137.27 3,990.00 1,890.00 3,543.57 18,816.92 901.70 1,832.79 2,261.45 55.00 33,347.33 36,154.49 20,947.31 150.00 20,166.47 11,025.00 839.27 745.63 3,361.50 157.50 150.00 146.89 2,000.00 45.00 150.00 24.00 269.42 100.00 24.00 90.00 24.00 424.20 50.85 47.25 1,505.79 27,997.16 18,254.88 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MIGNELLI,CARMEN MINERVINI, DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISTER CHEMICAL LTD. MISTER CHEMICAL LTD. MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MOON,BILL MOORE CANADA MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MOUNTAINVIEW HOMES LTD MR QUICK SOFT CLOTH MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIATION MUNICIPAL RETIREES ORGANIZATION ONTARIO MURPHY'S MUSIC N Y STYLE DELI NERO,ANTOINETTE NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BUSINESS GROUP NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA ENGINEERING WEEK NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL CAMPUS MICHAEL G. DEGROOTE SCHOOL NIAGARA REGIONAL FIRE CHIEFS ASSOCIATION NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA TENTS EVENTS NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA.COM NORJOHN CONTRACTING PAVING LTD OMERS OMERS OMERS ONTARIO CHARITABLE GAMING ASSOCIATION ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO INC,623381& ONTARIO LTD, 1251549 ONTARIO MUNICIPAL HEALTH SAFETY REPRESENTATIVES AS Cheque No. Cheque Date Purpose 326218 14- Jan -2009 MATERIALS 326219 14- Jan -2009 TRAVEL /MILEAGE 326655 04- Feb -2009 TRAVEL /MILEAGE 326362 21- Jan -2009 PST REMITTANCE 326514 28- Jan -2009 PST REMITTANCE 326515 28- Jan -2009 PAYROLL REMITTANCE 326657 04- Feb -2009 PAYROLL REMITTANCE 326658 04- Feb -2009 PAYROLL REMITTANCE 326220 14- Jan -2009 PAYROLL REMITTANCE 326361 21- Jan -2009 PAYROLL REMITTANCE 326513 28- Jan -2009 PAYROLL REMITTANCE 326656 04- Feb -2009 PAYROLL REMITTANCE 326363 21- Jan -2009 STORES /INVENTORY 326516 28- Jan -2009 STORES /INVENTORY 326222 14- Jan -2009 CONTRACT SERVICES 326659 04- Feb -2009 CONTRACT SERVICES 326223 14- Jan -2009 CONTRACT SERVICES 326364 21- Jan -2009 CONTRACT SERVICES 326660 04- Feb -2009 CONTRACT SERVICES 326365 21- Jan -2009 REIMBURSEMENT FOR HEART ST 326224 14- Jan -2D09 MATERIALS 326225 14- Jan -2009 TRAVEL /MILEAGE 326279 16- Jan -2009 TRAVEL /MILEAGE 326518 28- Jan -2009 REFUND 326661 04- Feb -2009 REFUND OF OVERPAYMENT OF 516 326519 28- Jan -2009 CONTRACT SERVICES 326366 21- Jan -2009 MEMBERSHIPS WATERS /ALLAN /PI 326226 14- Jan -2009 LIFETIME MEMBERSHIPS ZAPPITE 326663 04 -Feb -2009 MATERIALS 326233 14- Jan -2009 MAYORS CHRISTMAS PARTY MEAL 326367 21- Jan -2009 REFUND OF PARKING INFRACTION 326227 14- Jan -2009 CONTRACT SERVICES 326520 28- Jan -2009 CONTRACT SERVICES 326665 04- Feb -2009 MEMBERSHIP DUES 326368 21- Jan -2009 GRANT 326228 14- Jan -2009 ADVERTISING 326581 29- Jan -2009 MATERIALS 326369 21- Jan -2009 GRANT 326370 21- Jan -2009 CONTRACT SERVICES 326372 21- Jan -2009 PAYROLL REMITTANCE 326373 21- Jan -2009 PAYROLL REMITTANCE 326667 04 -Feb -2009 PAYROLL REMITTANCE 326666 04- Feb -2009 MATERIALS USE OF LAMARSH RO' 326374 21- Jan -2009 GRANT 326522 28- Jan -2009 MATERIALS 326523 28- Jan -2009 UTILITIES 326668 04- Feb -2009 SPONSORSHIP NEW YEARS EVE PF 326580 28- Jan -2009 MATERIALS 326229 14- Jan -2009 REMITTANCE -WATER ARREARS JAI 326230 14- Jan -2009 UTILITIES 326375 21- Jan -2009 REMITTANCE -WATER ARREARS JAI 326376 21- Jan -2009 UTILITIES 326524 28- Jan -2009 MATERIALS 326525 28- Jan -2009 UTILITIES 326669 04- Feb -2009 UTILITIES 326670 04- Feb -2009 UTILITIES 326527 28- Jan -2009 MATERIALS 326512 28- Jan -2009 ADMINISTRATIVE 326377 21- Jan -2009 2009 MEMBERSHIP TO NIAGARA RE 326526 28- Jan -2009 CONTRACT SERVICES 326671 04- Feb -2009 CONTRACT SERVICES 326231 14- Jan -2009 MATERIALS 326528 28- Jan -2009 MATERIALS 326232 14- Jan -2009 ADVERTISING 326378 21- Jan -2009 ADVERTISING 326521 28- Jan -2009 SERVICES 326529 28- Jan -2009 CONTRACT 2008 -08 SURFACE TREF 326379 21- Jan -2009 PAYROLL REMITTANCE 326672 04- Feb -2009 PAYROLL REMITTANCE 326673 04- Feb -2009 PAYROLL REMITTANCE 326531 28- Jan -2009 OCGA MEMBERS CONSULTATION N 326380 21- Jan -2009 MATERIALS PHASE 1 ENVIRONMEI 326284 21- Jan -2009 REFUND DAMAGE DEPOSIT 326381 21- Jan -2009 MEMBERSHIP JASON MACLEAN 2( Page 5 of 8 Amount 150.00 31.68 186.00 7,880.72 3,356.06 190.91 61,624.92 3,642.26 809.10 2,536.65 740.79 2,536.65 510.00 588.13 2,002.40 752.33 10,120.18 2,460.16 2012.86 40.00 43.74 110.88 71.00 58.74 570.00 87.15 400.00 125.00 246.75 440.70 36.00 27,139.97 12,881.46 350.00 34,369.00 1,010.23 360.00 4,666.67 38,026.83 6,263.48 5,493.54 6,289.15 22.00 33, 333.33 608.75 68.26 52,500.00 2,650.00 13,788.26 1,866.36 12,643.37 3,544.31 14,614.12 133,651.87 8,340.67 24,144.37 4,172.00 2,000.00 100.00 35.00 35.00 15.14 1,830.60 982.80 1,185.45 59.80 61,033.04 376,368.69 22,971.52 416,608.62 156.45 2,100.00 750.00 200.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. ONTARIO PLUMBING INSPECTORS ASSOCIATION INC 326532 ONYEAMA ASONYE,SAMMY 326533 OPTIMIST CLUB 326234 OPTIMIST CLUB 326382 OUTDOOR CONVENIENCES INC 326383 PANTUSA,BRIAN 326674 PAONESSA,ROSINA 326384 PARKSMART INC 326235 PASCO,JOHN 326385 PENDLEBURY COST CONSULTANTS 326534 PENINSULA ABSTRACT INC 326388 PENINSULA PEST CONTROL LTD 326237 PENINSULA PEST CONTROL LTD 326535 PENINSULA PURE WATER 326236 PENINSULA PURE WATER 326386 PENINSULA PURE WATER 326675 PERFORMANCE CHRYSLER 326238 PETERSON,KRISTA LEAH 326389 PHILIPS ENGINEERING 326676 PHOTOPIA PHOTOGRAPHY 326390 PIETRANGELO,NICK 326239 PINCHIN ENVIRONMENTAL 326536 PINERIDGE TREE SERVICE LTD 326391 PIPEFLO CONTRACTING CORPORATION 326537 PITNEY WORKS 326538 PORT COLBORNE ECONOMIC DEVELOPMENT TOURISM CORP 326582 POSTAGE BY PHONE 326392 PR WELDING 326540 PRACTICA LTD 326240 PRATA,GUY 326539 PRAXAIR 326393 PROJECT SHARE 326394 PROSECUTORS' ASSOCIATION OF ONTARIO 326677 PROTEL ALARM SIGNAL 326678 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 326679 PUROLATOR COURIER 326241 PUROLATOR COURIER 326395 PUROLATOR COURIER 326541 PUROLATOR COURIER 326680 OUINTE PLASTICS 326396 R NICHOLLS DISTRIBUTORS INC 326247 R NICHOLLS DISTRIBUTORS INC 326402 RACO AUTO SUPPLY LTD 326242 RACO AUTO SUPPLY LTD 326681 RAVO,JIBRIL 326243 RBC LIFE INSURANCE COMPANY 326542 REALTAX INC 326397 RECEIVER GENERAL 326244 RECEIVER GENERAL 326245 RECEIVER GENERAL 326398 RECEIVER GENERAL 326399 RECEIVER GENERAL 326543 RECEIVER GENERAL 326544 RECEIVER GENERAL 326682 RECEIVER GENERAL 326683 REGIONAL MUNICIPALITY OF NIAGARA 326400 REGIONAL MUNICIPALITY OF NIAGARA 326545 REGIONAL MUNICIPALITY OF NIAGARA 326684 REGIONAL MUNICIPALITY OF NIAGARA 326685 REGIONAL MUNICIPALITY OF NIAGARA WIRE REGIONAL MUNICIPALITY OF NIAGARA WIRE REGIONAL MUNICIPALITY OF NIAGARA WIRE REGIONAL MUNICIPALITY OF NIAGARA WIRE REGIONAL MUNICIPALITY OF NIAGARA WIRE REGIONAL NIAGARA FIRE BUFFS 326546 REGIONAL NIAGARA FIRE BUFF'S ASSOCIATION 326686 REGIONAL NIAGARA PUBLIC HEALTH DEPT 326246 RISK PROTECTION GROUP 326401 ROCHESTER MIDLAND LIMITED 326548 ROGERS WIRELESS INC 326403 ROGERS WIRELESS INC 326549 ROGERS WIRELESS INC 326687 ROMAN,ROSE 326248 RONALD C. ELLENS APPRAISALS INC 326688 Cheque Date Purpose 28- Jan -2009 2009 MEMBERSHIP CASTRILLI /AGP 28- Jan -2009 REFUND 14- Jan -2009 MATERIALS 21- Jan -2009 MATERIALS 21- Jan -2009 MATERIALS 04- Feb -2009 MATERIALS 21- Jan -2009 SENIOR TAX REBATE 14- Jan -2009 EQUIPMENT MAINTENANCE AGREE 21- Jan -2009 MATERIALS 28- Jan -2009 CONTRACT SERVICES NIAGARA C 21- Jan -2009 SHRINER'S CREEK TWP LOT 70 SE/ 14- Jan -2009 CONTRACT SERVICES 28- Jan -2009 CONTRACT SERVICES 14- Jan -2009 MATERIALS 21- Jan -2009 MATERIALS 04- Feb -2009 MATERIALS 14- Jan -2009 2009 DODGE 1 -TON DUMP 21- Jan -2009 REFUND OF PARKING INFRACTION 04- Feb -2009 CONTRACT SERVICES MONTROSE 21- Jan -2009 MATERIALS 14- Jan -2009 MATERIALS 28- Jan -2009 CONTRACT SERVICES SOIL GAS V 21- Jan -2009 CONTRACT SERVICES 28- Jan -2009 CONTRACT 2005 -16 TV INSPECTION 28- Jan -2009 FEB 09 APR 09 CONTRACT 538858. 29- Jan -2009 MATERIALS 21- Jan -2009 LEASES AND RENTS 28- Jan -2009 MATERIALS 14- Jan -2009 MATERIALS 28- Jan -2009 TRAVEL/MILEAGE 21- Jan -2009 LEASES AND RENTS 21- Jan -2009 GRANT 04- Feb -2009 MEMBERSHIP 2009 04 -Feb -2009 CONTRACT SERVICES 04- Feb -2009 CONTRACT 2008- 186 -06 FIRST AVE 14- Jan -2009 COURIER 21- Jan -2009 COURIER 28- Jan -2009 COURIER 04- Feb -2009 COURIER 21- Jan -2009 MATERIALS TRANSIT BUS LITTER 14- Jan -2009 MATERIALS 21- Jan -2009 MATERIALS 14- Jan -2009 STORES /INVENTORY 04- Feb -2009 STORES /INVENTORY 14- Jan -2009 REFUND 28- Jan -2009 JANUARY 2009 PREMIUMS 21- Jan -2009 REGISTRATION FILES FEES 14- Jan -2009 PAYROLL REMITTANCE 14- Jan -2009 PAYROLL REMITTANCE 21- Jan -2009 PAYROLL REMITTANCE 21- Jan -2009 PAYROLL REMITTANCE 28- Jan -2009 PAYROLL REMITTANCE 28- Jan -2009 PAYROLL REMITTANCE 04- Feb -2009 PAYROLL REMITTANCE 04- Feb -2009 PAYROLL REMITTANCE 21- Jan -2009 PROSECUTION SERVICES 28- Jan -2009 CONTRACT SERVICES 04- Feb -2009 ADMINISTRATIVE -2008 PAYMENT 04 -Feb -2009 RECYCLING /CONTRACT SVS 09- Jan -2009 DEBENTURE INTEREST 09- Jan -2009 DEBENTURE INTEREST 09- Jan -2009 DEBENTURE INTEREST 26- Jan -2009 DEBENTURE INTEREST 02- Feb -2009 DEC WATER /SEWER 28- Jan -2009 MATERIALS 04- Feb -2009 SUBSCRIPTION RENEWAL BOOST 14- Jan -2009 MATERIALS 21- Jan -2009 SECURITY SERVICES FOR OUTDOC 28- Jan -2009 HANDSFREE RESTROOM BILLING J, 21- Jan -2009 SERVICES 28- Jan -2009 SERVICES 04- Feb -2009 SERVICES 14- Jan -2009 SENIOR TAX REBATE 04- Feb -2009 MATERIALS Page 6 of 8 Amount 120.00 1,500.00 1,935.55 2,563.05 2,430.75 150.00 50.00 8,839.82 150.00 5,025.33 643.43 365.40 31.50 195.00 160.00 10.00 50,334.72 21.50 4,329.53 2,592.00 150.00 7,612.50 12,600.00 13,843.27 189.54 650.00 21,000.00 1,384.25 959.45 22.50 176.37 26,175.08 240.00 136.50 216,304.85 37.58 144.78 14.06 53.37 397.76 96.47 1,835.55 755.64 478.56 65.24 1,398.83 2,593.50 106,213.28 567.82 404,970.36 324.63 101,045.50 513.69 363,623.99 460.30 62.50 1,274.29 800.00 34,496.78 64,784.92 198,808.74 504,703.14 62,506.64 1,603,872.90 600.00 15.00 560.00 352.80 970.70 1,568.92 1,144.15 254.78 100.00 4,644.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ROPERTI,FRANK ROUPAS,ELLEN ROYAL ENVELOPE LTD ROYAL BANK SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCQDOLORES SALCI,TED SARCINO,JOHN JOSEPH SAUDER,ROB SCOTIABANK SCOTIABANK SENYK,HELGA SERVICEMASTER CLEAN OF NIAGARA SHAW,EDITH SHERWAY EXCAVATING HAULAGE LTD SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIMANIC,NATASHA SMALL BUSINESS CLUB NIAGARA INC SMITH,LEE SNAP NIAGARA FALLS SOCAN SOMERVILLE,GREG ST JOHN AMBULANCE STATISTICS CANADA STEVEN ROBINSON ARCHITECT INC STICCA,JAMES STINSON EQUIPMENT LIMITED STOKES INTERNATIONAL STRANGES,LOU STRATEGY CORP STRATEGY CORP SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR PROPANE INC SYMPOSIUM TECHNOLOGIES TALARICO,CARMELLA TAYLOR,ROBERT TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED TERANET INC TESSMER,LOTHAR THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE REVIEW THE SENIORS REVIEW THE V &S ENGINEERING GROUP LTD THE WATERING CAN INC TOENIG,GISELA TORONTO STAMP INC TRAVERS,SHAWN TREVOR P GARWOOD -JONES ARCHITECT INC TROPHY SHOP THE TSH ENGINEERS PLANNERS UAP INC #963 UCC INDUSTRIES INTERNATIONAL INC ULINE Cheque No. Cheque Date Purpose 326249 14- Jan -2009 REFUND DAMAGE DEPOSIT 326550 28- Jan -2009 TRAVEUMILEAGE 326404 21- Jan -2009 MATERIALS 326435 23- Jan -2009 ADMINISTRATIVE 326250 14- Jan -2009 CONTRACT 2008- 205 -08 NEW SIDEV 326405 21- Jan -2009 CONTRACT SERVICES 326551 28- Jan -2009 CONTRACT SERVICES 326689 04- Feb -2009 CONTRACT SERVICES 326406 21- Jan -2009 PETTY CASH 326407 21- Jan -2009 TRAVEUMILEAGE 326251 14- Jan -2009 REFUND DAMAGE DEPOSIT 326690 04- Feb -2009 REFUND 326306 21- Jan -2009 MATERIALS 326609 04- Feb -2009 MATERIALS 326253 14- Jan -2009 SENIOR TAX REBATE 326553 28- Jan -2009 CONTRACT SERVICES 326554 28- Jan -2009 SENIOR REBATE 326408 21- Jan -2009 REFUND DAMAGE DEPOSIT 326692 04- Feb -2009 CONTRACT SERVICES 326254 14- Jan -2009 MATERIALS 326555 28- Jan -2009 MATERIALS 326556 28- Jan -2009 REFUND DAMAGE DEPOSIT 326557 28- Jan -2009 2009 MEMBERSHIP JESSICA POTT 326693 04- Feb -2009 PETTY CASH 326255 14- Jan -2009 ADVERTISING 326558 28- Jan -2009 PROVISIONAL INVOICE GROSS RE 326409 21- Jan -2009 REIMBURSEMENT BCLS REGISTRA" 326411 21- Jan -2009 GRANT 326695 04- Feb -2009 SUBSCRIPTION 326559 28- Jan -2009 PEER REVIEW 326410 21- Jan -2009 TRAVEUMILEAGE 326696 04- Feb -2009 MATERIALS 326560 28- Jan -2009 MATERIALS 326561 28- Jan -2009 TRAVEL /MILEAGE 326412 21- Jan -2009 CONTRACT SERVICES 326562 28- Jan -2009 CONTRACT SERVICES 326258 14- Jan -2009 REMITTANCE DECEMBER 2008 PR 326564 28- Jan -2009 ADMINISTRATIVE 326257 14- Jan -2009 FUEL 326413 21- Jan -2009 FUEL 326563 28- Jan -2009 FUEL 326697 04- Feb -2009 FUEL 326699 04- Feb -2009 UTILITIES 326566 28- Jan -2009 SERVICES FOR JAN 09 DEC 09 326259 14- Jan -2009 SENIOR TAX REBATE 326700 04 -Feb -2009 REFUND 326415 21- Jan -2009 MATERIALS 326701 04- Feb -2009 MATERIALS 326416 21- Jan -2009 SERVICES 326261 14- Jan -2009 SERVICES 326417 21- Jan -2009 SERVICES 326567 28- Jan -2009 MATERIALS 326702 04 -Feb -2009 MATERIALS 326703 04- Feb -2009 STORES /INVENTORY 326418 21- Jan -2009 REPLENISHMENT OF TERAVIEW AC 326262 14- Jan -2009 MATERIALS 326263 14- Jan -2009 MATERIALS 326419 21- Jan -2009 MATERIALS 326568 28- Jan -2009 MATERIALS 326704 04- Feb -2009 MATERIALS 326705 04- Feb -2009 MATERIALS 326264 14- Jan -2009 ADVERTISING 326265 14- Jan -2009 ADVERTISING 326569 28- Jan -2009 CONTRACT SERVICES FERNWOOI 326266 14- Jan -2009 MATERIALS 326570 28- Jan -2009 SENIOR TAX REBATE 326706 04- Feb -2009 MATERIALS 326707 04 -Feb -2009 REIMBURSEMENT FOR DRIVERS Ph 326571 28- Jan -2009 PEER REVIEW 326708 04- Feb -2009 MATERIALS 326572 28- Jan -2009 PEOPLE MOVER CONSULTING 326420 21- Jan -2009 STORES /INVENTORY 326267 14- Jan -2009 MATERIALS 326709 04- Feb -2009 MATERIALS Page 7 of 8 Amount 750.00 353.94 24.49 3,560.00 3,252.31 9,371.26 14,136.38 1,811.26 415.44 1,155.00 750.00 117.95 268,393.03 758,325.26 100.00 614.25 50.00 750.00 73.24 1,519.85 141.25 750.00 126.00 247.75 262.50 216.98 40.00 2,708.33 253.05 997.50 62.00 2,232.88 87.58 50.00 7,875.00 11,812.50 270, 202.50 270,884.62 48,658.73 1,103.33 21,489.71 21,519.45 1,551.43 19,687.50 100.00 22.44 50.00 150.00 2,278.68 4,840.56 4,663.05 1,870.08 1,013.60 479.62 10,000,00 150.00 1,387.28 1,391.40 953.52 901.47 1,238.76 7,007.28 420.00 1,761.07 306.18 50.00 64.30 100.00 262,50 2,653.90 1,761.83 576.18 2,237.40 405.56 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VECTOR TOOLING VECTOR TOOLING WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WASTE MANAGEMENT WATERS,RON WATSON ASSOCIATES ECONOMISTS LTD WATSON ASSOCIATES ECONOMISTS LTD WHEELER,SUE WIENS,DAVE WIMBUSH,ROB WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOOD,FRANCES LORAINE WORKING BYTES INC WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YWCA ST CATHARINES Page 8 of 8 Cheque No. Cheque Date Purpose Amount 326268 14- Jan -2009 CONSULTING SERVICES -DWQMS 16,296.39 326573 28- Jan -2009 CONSULTING SERVICES NEW ARE 16,309.55 326422 21- Jan -2009 CONTRACT GARNER SW SAN AREA 110,499.27 326423 21- Jan -2009 CONTRACT- GRANER SW GRAV SEV 266,550.56 326574 28- Jan -2009 MATERIALS 2,073.75 326710 04- Feb -2009 CONTRACT SERVICES 136.50 326270 14- Jan -2009 CONTRACT SERVICES 190.08 326425 21- Jan -2009 CONTRACT SERVICES 229.07 326424 21- Jan -2009 MATERIALS 9,804.77 326711 04 -Feb -2009 MATERIALS 6,243.32 326427 21- Jan -2009 CONTRACT SERVICES 60.39 326428 21- Jan -2009 MATERIALS 146.89 326575 28- Jan -2009 PEOPLE MOVER PROJECT 2,688.17 326712 04- Feb -2009 NIAGARA FALLS DC STUDY 8,916.60 326271 14- Jan -2009 TRAVEL /MILEAGE 46.50 326429 21- Jan -2009 SERVICE DEPOSIT REFUND 1,500.00 326713 04- Feb -2009 TRAINING COURSE 45.00 326576 28- Jan -2009 CONTRACT SERVICES 65.00 326430 21- Jan -2009 GRANT 31,666.67 326431 21- Jan -2009 GRANT 2,083.33 326272 14- Jan -2009 SENIOR TAX REBATE 100.00 326577 28- Jan -2009 SERVICE AND SUPPORT AGREEME 576.30 326273 14- Jan -2009 SCHEDULE 2 INVOICE 88,556.53 326432 21- Jan -2009 SCHEDULE 2 INVOICE 2,687.59 326578 28- Jan -2009 ADMINISTRATIVE SCHEDULE 2 IN\ 45,262.87 326714 04- Feb -2009 ADMINISTRATIVE SCHEDULE2 IN\ 6,568.99 326715 04- Feb -2009 PAYROLL REMITTANCE 87 326716 04- Feb -2009 PAYROLL REMITTANCE 597.74 326274 14- Jan -2009 PETTY CASH 483.15 326717 04- Feb -2009 PETTY CASH 459.03 326275 14- Jan -2009 CONTRACT SERVICES 163.54 326276 14- Jan -2009 SERVICES 45.94 326718 04- Feb -2009 SERVICES 45.94 326433 21- Jan -2009 SERVICES 4,036.45 326579 28- Jan -2009 CONTRACT SERVICES 2,270.61 326434 21- Jan -2009 GRANT 5,286.50 Total 11,029,572.94 February 23, 2009 R- 2009 -08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2009 -08 Heating Systems Arenas Niagaraj1alls C 4 NA 1)R RECOMMENDATION: That the following report be received as information. BACKGROUND: On January 26, 2009, Council requested a report on the heating in the Niagara Falls arenas resulting from complaints of cold temperatures in the seating areas. In follow -up to the concern regarding the cold temperatures, general procedures have been reviewed with the operations staff in an effort provide better customer service to the patrons of the City arenas. Following is an overview of the heating systems in each of our arenas and the approach that will be taken for heating of the spectator seating areas. The Chippawa Willoughby Arena has radiant heating in the area above the spectator seating. The heat will be turned on first thing every day prior to the start of activities for the day for which there may be spectators. The heat will generally remain on for 3 -4 hours. Staff will monitor the temperatures in the spectator area to ensure that the heating does not have a negative impact on the ice surface or contribute to melting. The prolonged use of radiant space heaters in this facility has detrimental impact on the ice condition, depending on other variables such as outside temperature, crowd size, ice surface conditions, and plant operations. Staff is often required to make a judgement call to turn off the heating for a period of time in response to ice conditions but still responds to the spectators' needs to view games in relative comfort. The radiant heating system in Chippawa is currently in need of some repairs, as it does not produce sufficient heat consistently across the system. The system has been assessed by an electrician who deterrrhed that the "fins" on the heating system reflecting the heat ontrose RoadUni FallsON +405 Working Together to Serve Our Community Community Services Department Parks, Recreation Culture February 23, 2009 R- 2009 -08 require replacement. The replacement parts have been ordered and the necessary repairs should be made in the coming weeks. The Jack Bell Arena has radiant heating above the spectator seating area. The procedure for the use of the heating in this building is similar to the above, with one exception. The heating in this building is on a three -hour timer and automatically shuts itself off. Staff will monitor, as above. The heating in this building is often turned on while figure skaters are on the ice, as figure skaters prefer a warmer ice surface temperature. Again, based on the variables noted above, the best interest of the user will be accommodated. The Stamford Arena has radiant heating over the spectator seating in the bowl area. The procedure for use of this heating system is similar to that of the Chippawa Willoughby Arena. The added variable in this building is its sand floor. Ice over a sand floor is a little more sensitive to heating and requires closer monitoring, as past experience has demonstrated that the heat, when left on for longer intervals, will soften the ice quicker on this surface than on the other surfaces. The system at Niagara Falls Memorial Arena is a steam and forced air system (which comes from the Post plant). There are six (6) separate heating units in the bowl section and two (2) in the lower concourse. Currently, five (5) of the units in the bowl section are operational. The sixth unit has been broken for several years. It was determined at that time that the cost of replacement was too great given the future need for this heating unit. Although the system is quite old, it still produces sufficient heat for the facility and for the comfort of spectators. Each of the units can be individually controlled to ensure that heat is provided in the areas within the arena where spectators may be sitting. As with the other arenas, staff is required to monitor the use of the facility and ensure that sufficient heat is available for spectators. Recommended by: Approved by: V:12009COUNCIL12009 02 231R- 2009 -08 Heating Systems Arenas.wpd se Mon; Direktor of Parks, Recreation Culture Ed Dujlovic, xecutive Director of Community Services February 23, 2009 R- 2009 -12 Members: Niagaraj1alls tNZnn His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: R- 2009 -12 Award of Advertising, Sales, Production, and Installation Gale Centre RECOMMENDATION: 1) That Council award the Advertising, Sales, Production and Installation contract for the Gale Centre to The Niagara Falls Review for a five (5) year contract. 2) That the Mayor and Cierk be authorized to sign the agreement. BACKGROUND: The Request for Proposal Advertising Sale, Production and Installation Contract for the Gale Centre was issued in November 2008. The request for proposal (RFP) for the Advertising contract for the new Gale Centre closed January 30, 2008. Proposals were received from three (3) companies: The Niagara Falls Review, Niagara Falls, Ontario Boardview Advertising Inc., Toronto, Ontario Nustadia Media Inc., Hamilton Ontario GENERAL SELECTION CRITERIA: The RFP stated that the following were the key criteria that will be used to evaluate the Proposals. The list is not in any particular order of priority. The City would base its selection on a combination of the following criteria as a minimum: The quality of the proposal including completeness of the proposal; compliance with proposal requirements; and, professionalism. Related experience /capacity: the ability to perform and to comply with the Agreement Terms. ir s >s•, f'""a a ,p 'TT i Ju orttrose'Road i >Niagara Falls oN Canada;L2H 3N3 905-S56 'ivww.iagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture February 23, 2009 R- 2009 -12 Approved by: Detailed business, sales and marketing plans including 0 days and hours of operation ii) staff positions dedicated to the arena project. Specifications, including a sample of advertising material, product /application recommended for arena board advertising, and ice resurfacers (2). Detailed specs or samples of panel sign wall advertising support products (Unlit of lit options). Detailed schedule of revenue /sales projections based on each ad location per year. Include the amount per sale to be paid for every designated location and sign type to the City of Niagara Falls per year, paid quarterly, for the rights sought by the proponent in the following categories: i) arena board advertising detailed by main 2030 seat pad and three community pads ii) panel wall signs (whether lit or unlit) iii) ice resurfacers (2) The minimum guaranteed amount paid to the City of Niagara Falls per year and paid quarterly, for the advertising rights sought by the proponent. Based on the evaluation of the proposals the Niagara Falls Review is recommended. The company provided a very comprehensive proposal including a dedicated sales representative for the arena advertising, has an established and strong presence in the local community, is seen as a leader in advertising in Niagara Falls through a variety of print and other media advertising mediums. Over the years, The Niagara Falls Review and The City of Niagara Falls have had a very successful working relationship in the production of the annual Leisure Guide. The Niagara Falls Review's proposal had the strongest revenue opportunities based on their total gross advertising targets per year. The City would be provided with an escalating percentage over years 1 to 3 based on gross advertising sales. Based on 15 20% and 25% of gross sales being provided to the arena, the estimated revenue would be in the range of $90,000 to $120,000 per year to the operating budget of the Gale Centre. A minimum of $25,000.00 per year would be guaranteed over a 5 -year contract. Recommended by: htAilthz Denys Mori sey, Dir for of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services V.12009COUNCIL120 09 02 23\R- 2009 -12 Award of Advertising Sales, Production and Installation at the Gale Centre.wpd February 23, 2009 TS- 2009 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2009 -13 Canadian Corps of Commissionaires Contract Renewal 2009 RECOMMENDATION: Niagaraj3alls (7ANADA 1) That Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration and Security Services; and 2) that the Mayor and City Clerk be authorized to sign the extension. BACKGROUND: In 2000, the Request for Proposal process was initiated, whereby, the Canadian Corps of Commissionaires was the successful bidders. Council approved a three -year contract with the Hamilton Office of the Corps. During the last 5 years, Council approved one year extensions to this agreement. Over the past eight years, the Hamilton Office has maintained high standards and a consistent turn out of Officers. The Corps also provides customer service training sessions for its Parking Control Officers and will continue to do so on an ongoing basis. The Corps provides parking control services staff and crossing guard coordination (Corporal position) for Transportation Services for the City of Niagara Falls, and security through Building Services. The present hourly rates for current staff are outlined above, bracketed amounts are actual rates including administration fees 0 a ueed`SireefiP.D.16 23 `Nia ara1F Working Together to Serve Our Community Community Services Department Transportation Services Parking Control Staff Regular Rate Overtime Rate Stat Holiday Worked Stat Holiday Not Worked Warrant Officer $19.38 $29.07 $48.45 $19.38 Security ($15.14) ($22.71) ($37.85) ($15.14) School Co -Ord. $17.24 $25.86 $43.10 $17.24 ($13.47) ($20.21) ($33.68) ($13.47) Officer $15.08 $22.62 $37.70 $15.08 ($11.78) ($17.67) ($29.45) ($11.78) Security $13.44 $20.16 $33.61 $13.44 ($10.50) ($15.75) ($26.25) ($10.50) Parking Control Staff Regular Rate Overtime Rate Stat Holiday Worked Stat Holiday Not Worked Warrant Officer $19.77 $29.66 $49.43 $19.77 Security ($15.44) ($23.16) ($38.60) ($15.44) School Co -Ord. $17.58 $26.37 $43.95 $17.58 ($13.74) ($20.61) ($34.35) ($13.74) Officer $15.38 $23.07 $38.45 $15.38 ($12.02) ($18.03) ($30.05) ($12.02) Security Officer $14.46 $21.69 $36.15 $14.46 ($11.46) ($17.19) ($28.65) ($11.46) Security $13.71 $20.57 $34.28 $13.71 Coordinator ($10.71) ($16.07) ($26.78) ($10.71) February 23, 2009 2 2008 Rates All rates below include a 28% Administration Fee TS- 2009 -13 Proposed 2% Increase 2008 Rates -All rates below include a 28 %Administration Fee The 2009 extension includes a 2% increase from 2008 contract rates. There is no increase to the administration fees. The estimated total cost increase for 2009 will be an additional $8,142.00 per year for parking control and school crossing co- ordination costs, with an approximate total of $415,249.00 Security: The Security Coordinator position is not a new position or an increase to the complement. This is to reflect the additional work being performed by one of the security officers to schedule, train, maintain personnel files and man the security desk. February 23, 2009 Recommended by: Recommended by: Approved by: 3 TS- 2009 -13 This work was previously performed through the parking control Detachment Commander, but is recognized as a separate and distinct function and contract than security. rector of Building Services Karl Dren,Drectbr ransportation Services Ed Dujlovic, ExeWive l'rector of Community Services S. Wheeler S'.1General AdministrationlGA 1.01 Repods12009 Council102 Feb 231TS- 2009 -13 Canadian Corps Commissionaires Contract Renewal 2009.wpd February 23, 2009 TS- 2009 -14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: iagar4+ palls Re: TS- 2009 -14 Ministry of Transportation Lease Renewal Municipal Lot 18 RECOMMENDATION: 1) That Council approve a five -year extension to the existing Lease between the Ministry of Transportation and the City of Niagara Falls, and 2) that the Mayor and City Clerk be authorized to sign the lease extension agreement. BACKGROUND: The City of Niagara Falls has an existing lease with the Ministry of Transportation for the property known as Municipal Parking Lot 18, located on Kitchener Street, west of Victoria and south of Highway #420 /Roberts Street. The lease expires on June 30, 2009 and the City has the option of renewing this lease for an additional five years. The existing terms provide for 50% net revenue sharing between the City and the Ministry. Typically, this parking lot generates approximately $20,000 in gross revenue annually. Our annual remittance to the Ministry of Transportation for the lease of this property is approximately $5,500 to $6,000, depending upon revenue generated. This lot is in high demand during the summer months and provides long term parking in the tourist core. Recommended by: Approved by: Karl Dren„Dirrtor of Transportation Services Ed Dujlovic xecutive Director of Community Services S. Wheeler S'.1General AdministrationlGA 1.01 Repons12009 Counci1102 Feb 231TS- 2009 -14 MTO Lease Renewal Muncipal Lot 18.wpd n Sur .ry t x i 02 4 -'a a L2 6X5 5 3 6 75 r a: a a elAtreet P .b.ECC�1023 NlagaraFalls, Canada1 12 2E6X5„ 905; 3567521.4WWW.n la. arafalls.'ra't Working Together to Serve Our Community Community Services Department Transportation Services No. Moved by Councillor The City of Niagara Falls, Ontario Resolution Seconded by Councillor WHEREAS the City's Canada Day celebration is one of the most eagerly anticipated events organized by the municipality; and WHEREAS the municipality annually applies to the Federal government for funding; and WHEREAS the Federal government is once again requesting a Council resolution authorizing the submission of the grant application. THEREFORE I3E IT RESOLVED that the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to authorize the execution of an Agreement with Lucille Coleman respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: An Agreement dated February 23, 2009 and made between Lucille Coleman as Volunteer and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along Crowland Avenue from Lyons Creek Boulevard to Yokom Road, as attached hereto, is hereby approved and authorized. 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 twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009 February 23, 2009 February 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize the execution of an Agreement of Purchase and Sale with Mark Henry Levesque respecting the purchase of lands, being Part 10 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated January 30, 2009 and made between Mark Henry Levsque and The Corporation of the City of Niagara Falls for the property described as Part 10 on Reference Plan 59R 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE MARK HENRY LEVESQUE 4105 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF TIIE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the feints hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, Lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 10 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or hank draft, subject to adjustment to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 3. GOODS SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, K.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non registerable documents and other items (the "Non- Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered The exchange of the Non Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) (c) 5. TITLE Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, wilting and able to complete the transaction in accordance with the terms and provisions of this Agreement: has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re -entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 51 above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be retumed without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (0) (e) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or othenvise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility. (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use the Property unless otherwise set out herein; and 15. TAXES AND FEES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be bome by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 16. NOTICES Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: If to the Purchaser at: the address shown on page 1 with a copy to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3r business day following the date of mailing. 17. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its teuus. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience ofreference only. This Agreement shall be governed by the laws of the Province in which the Property is Located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which tirne, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 222 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on Witness: Name: ACCEPTANCE MARK LEVESQUE the foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I /We have authority to bind the Corporation A by -law to authorize the execution of an Agreement of Purchase and Sale with Patrick William O'Banion respecting the purchase of lands, being Parts 7 and 8 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated January 30, 2009 and made between Patrick William O'Banion and The Corporation of the City of Niagara Falls for the property described as Parts 7 and 8 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. CITY OF NIAGARA FALLS By -taw No. 2009 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE PATRICK WILLIAM O'BANION 4096 Dyson Avenue Niagara Falls, Ontario L2E 3L7 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated' art 8 on Plan 59R -13273 (hereinafter called the "Property"), upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in Lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd\eily of niagara fallsklaneway dyson &muir\agreement of purchase and sale obanion (part 8).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide on or before closing to the Purchaser a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non registerable documents and other items (the "Non Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other documents to be registered in this transaction), and H: \W PDOCS\ptd \CITY OF NIAGARA FALLSILANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Kerr LLP (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non- Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (0) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; 3 without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5. TITLE 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights-of-way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS1ptd1 CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Ken LLP 6. NON FETTERING PROVISION 9. SURVEY 10. RISK OF VENDOR 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intennediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should Loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Kerr LLP 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OE PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS\ptd \CITY OF NIAGARA FALLSILANEWAY DYSON MUER\AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Kerr my Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Dell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) 15. TAXES AND FEES that the easement agreement with a utility may prohibit the .Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AOREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Kerr ur 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: with a copy to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 McLean Kerr LLP Barristers Solicitors 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H:\WPDOCS \ptd\CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR)AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Ken LLP 17. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province in which the Property is located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS\ptd \CITY OF NIAGARA FALLS LANEWAY DYSON MUIRIAGREEMENT OF PURCHASE AND SALE- O'Banion (Part 8),doc McLean Ken in 9 become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on C) 20C Witness: ACCEPTANCE The foregoing Agreement is accepted by Vendor on Per: Per: PATRICK WIL IAM O'BANION ,200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk I/We have authority to bind the City H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE O'Banion (Part 8).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with James Sims and Susan Sims respecting the purchase of lands, being Part 12 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated January 30, 2009 and made between James Sims and Susan Sims and The Corporation of the City of Niagara Falls for the property described as Part 12 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE JAMES SIMS SUSAN SIMS 4112 Dyson Avenue Niagara Falls, Ontario L2E 3L7 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 12 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd\city, of niagara falls \laneway dyson muir\agreement of purchase and sale sims (part 12).doc Mel Pan Kerr LL? 3. GOODS SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide on or before closing to the Purchaser a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non registerable documents and other items (the "Non Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other documents to be registered in this transaction), and H: \WPDOCS \pld \CITY OF NIAGARA FALLS LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part l2).doc McLean Ken LLF 5. TITLE (b) be subject to conditions whereby the solicitor(s) receiving the Non- Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non- Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. (e) 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H:IWPDOCS1ptd1CITY OF NIAGARA FALLSILANEWAY DYSON 8e MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Pert 12)Aoc McLcan 3 Kerr tip 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS \LANE WAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part 12).doc McLean Ken ua 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. (e) 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non- resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H:\WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part l2).doc McLean Ken LLP (c) 15. TAXES AND FEES 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY. DYSON MUIR■GREEMENT OF PURCHASE AND SALE -.Sims (Part 12).doc McLean Kerr my 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Solicitor Fax No.: (905) 371-2892 McLean Kerr LLP Barristers Solicitors 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366-8571 If to the Purchaser at: the address shown on page 1 with a copy to: Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3rd business day following the date of mailing. HAWPDOCS1ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part 12).doc McLean Kerr LLP 17. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or connnissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province in which the Property is located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part l2).doc McLean Kerr LLP become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on ,2001 WI ness: 9 Name: N DAMES SIMS Witness: Name: SUSAN SIMS ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorftda Title: City Clerk I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Sims (Part 12).doc McLean Ken [.UP A by -law to authorize the execution of an Agreement of Purchase and Sale with Mary Gillespie respecting the purchase of lands, being Parts 5 and 6 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated February 5, 2009 and made between Mary Gillespie and The Corporation of the City of Niagara Falls for the property described as Parts 5 and 6 on Reference Plan 59R 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE MARY GILLESPIE 4093 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Parts 5 and 6 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $720.00 in lawful money of Canada 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustment to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 3. GOODS SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non- registerable documents and other items (the "Non- Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (c) 4.5 The Transfer /Deed shall, save for the Land Transfer 'Pax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5. TITLE accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non-Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. (a) delivered all the Non- Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non- Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) (0) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Lana' Transfer Tax Act. 14. CONDITIONS to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 14.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s) with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise det out herein; and (c) 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 16. NOTICES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 17. TIME OF THE ESSENCE The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 If to the Purchaser at: the address shown on page I Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3` business day following the date of mailing. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province in which the Property is located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terns hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on &Jeff 5 200g. Witness ACCEPTANCE the foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY" OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I /We have authority to bind the Corporation A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision Phase 8, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 15 day of January, 2009 and made between River Realty Development (1976) Inc. and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lot 150 former Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedules "C and D a copy of which Schedules are attached as Appendix "3" and "4" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "5 is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "6" and "7 are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning and Development that all of the City's conditions for the execution of the said agreement have been satisfied. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009 THIS AGREEMENT made this I5'" day of January, 2009 BETWEEN: Schedule page 5 RIVER REALTY DEVELOPMENT (1976) INC. Hereinafter called the "Subdivider of the FIRST PART; and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of' the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called the Plan attached hereto as Schedule "A" and entitled DEERFIELD ESTATES PHASE 8 SUBDIVISION, being lands comprising Part of Township Lot 150 Township of Stamford, now in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the Lands" AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: c I li 47 48 c 9876543 40 39 38 37 36 35 34 33 32 51 52 53 50 49 56 K GIS_ Requests 2 0081Scie du es\ Su bdlvlsmn Oeeifield_pIm seoMappingm ap Schedule A Deerfield Estates Subdivision Phase 8 F ORfSrV1 EW 80 Block 68 Block 67 g 2 KELSEY CBES This is not a Plan of Survey Block 66 Schedule Page rn l I D CHRISTOPHER CRES N E Scale 1:NTS January 2009 t (0 c a c c m E S N o N U O Q m t co d) N s CL 0 ti U U O N c m N L O O vJ .Q y U W u CO 1 CO Y ea W N fn t a) 0 CO 0.., C 92 4) E E N m J o m C aa) W 0 E U 0 V y U 0) r. a v d 0 p Z c 0 to O Q Q Q z z z N 0' m In CT U rn 0 V N en in O 00 h N 0 G N 4 CO 0 O U N IJ 4 N '1 N N 0 U L 10 00 N P C N 0 C tl d P. rn d h u d 7 o O O CC N rn N r r v3 bs 9 0 U 00 C O C N O r C O �j U .C. 'v .E E C o. t h N y 3 .a el U -00 c a o o s o m a- el a VI a y v vi U C o v .4 .E a ti 5 P `a z m m con .E a •4 0) 3 v 4 C q +0 p C tl ro col .0 04- w C U N ti pp ti 3 el m B f r 3 v W Ui 0 .5 'a c v i i co C) N l0 L a 0) I 0 c o a, U• o a Sa o G N U U d R E E T.) y a) d d 0 O O Q cn 69 In 69 ti c. W M ^I a M 0 0 F o N 0 0 E w N crl N 4A GA 0 0 0 s9 Cost of Oversized Services: (c) muonf2005.33d Deerfield Schedule "D" Deerfield Estates Subdivision Phase 8 (a) Watermain on Parkside Road i) Subdivider Share ii) City Share iii) Total Total City Share 6,837.50 683.75 10 Engineering 7,521.25 (b) Sanitary Sewer on Parkside Road i) Subdivider Share ii) City Share iii) Total Total City Share 1,901,60 190.16 10 Engineering 2,091.76 Storm Sewer on Parkside Road i) Subdivider Share ii) City Share Hi) Total 138,392.90 1,901.60 140,294.50 Total City Share 31,934.00 3.193 40 10 Engineering 35,127.40 Cost of Oversized Services 7,521 2,091.76 35,127.40 44,740.41 &Schedule, Phew S Schedule D Phase 8 xrd 100,654.00 (93.6 6,837.50 (6.4 107,491.50 (100.0 (98.6 (1.4 (100.0 252,399.00 (88.8 31,934.00 (11.2 284,333.00 (100.0 Schedule Page Mae 0 9m1J OI W E• r a U 0 c E 3 a .I o d a a)m 0 a b O 00 00 ter 00 O z else Schedule "G" Deerfield Estates Subdivision Phase 8 Cash in Lien of Parkland Dedication: S I- Sueelvlaon.UWSa]X De Id Eeu¢s!Schad'les phase A \Schedule G Phase 8 :vpd Schedule Page Schedule "H" Deerfield Estates Subdivision Phase 8 Easements and Lands to be Deeded to the City of Niagara Falls: L Easements To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads 1.5 m wide centered on either side of the lot line: i) Lots 4 5 ii) Lots 32 33 iii) Lots 34 35. iv) Lots 38 39. v) Lots 42 43 vi) Lots 44 45 vii) Lots 47 48 b) For rearyarcl storm sewer 3.0 m wide along the north limit of: i) Lot 16 ii) Lot 17 iii) Lot 18 iv) Lot 26 v) Lot 27 vi) Lot 28 (Parts 1 2) (Parts 13 14) (Parts 15 16) (Parts 17 18) (Parts 19 20) (Parts 21 22) (Parts 23 24) (Part 7) (Part 8) (Part 9) (Part 10) (Part 11) (Part 12) c) For rearyard catchbasins and leads 3.0 m wide along the south limit o i) Lot 12 ii) Lot 13 iii) Lot 14 iv) Lot 15 (Part 3) (Part 4) (Part 5) (Part 6) d) For rearyard catchbasins and leads 3.0 m wide along the east limit of: i) Lot 61 (Part 27) e) For rearyard catchbasins and leads 3.0 m wide along the west limit of: i) Lot 54 ii) Lot 55 i) Block 65 ii) Block 66 iii) Block 67 iv) Block 68 S 11. SubdlndonsUoos -v8 oeeidd Nut ,°duiU Phase 8 Schedule H Phase a wpd (Part 25) (Part 26) 2. Easements To be granted to the City external to the lands in the subdivision. i) Part 1 R.P. )Q Ilp Temporary Turnaround 3. Blocks To be granted to the City within the lands of the subdivision. 3.0 m road widening 0.30 in reserve 0.30 m reserve 0.30 in reserve Schedule Page CIRIEN CITY OF NIAGARA FALLS By -law No. 2009 A by -law to permanently close part of a highway and to repeal By -law No. 2009 -06. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS by inadvertence, when the highway was sold in 1986 it was not permanently closed; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lot 5, Registered Plan Nos. 32 and 653; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to permit a dwelling with two dwelling units. 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: (a) The uses permitted in a R1 E zone. (b) A dwelling with two dwelling units. 5. The regulations governing the permitted uses shall be: (a) Maximum lot coverage 41% (b) Maximum width of driveway or 55% of the lot frontage but, in no case parking area in the front yard of a lot more than 6.7 metres (c) The balance of the regulations specified for a R1 E 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 C5 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 853. -2- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.853 Refer to By -law No. 2009 Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009 February 23, 2009 February 23, 2009 S:\ZON ING\AMS\20081By- laws \B yam03 7.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2009 CHURCHILL ST SKINNER ST Amending Zoning By -law No. 79 -200 Legal Description: Lt 31 PI 69 Stamford; Niagara Falls Applicant' David Corfield Assessment 272508000514000 N s 1: NTS AM- 2008 -037 K:\ GIS_Requesis\ 2008\ Schedules \zoningAM\AM -37 \mapping.map January 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By -law No. 2002 -081 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "B" and Schedule "B" attached hereto shall be inserted in lieu thereof. 3. By -law No. 2002 -081 is amended by deleting Schedule "E 4. This by -law shall come into force upon passing. 5. By -laws 2004 -142 and 2006 -183 are hereby repealed. Passed this twenty -third day of February, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009. February 23, 2009. February 23, 2009. Chief Building Official: John Castrilli Inspectors: Tammy Agnoletto Wayne Allen Louie Baldinelli Brian Biggins Luciano Chieca Brian Dickson Effat Effat Sandro Elia Jim Jessop John Kedzierski Todd Maiuri Christel Meyer Carmen Mignelli Nick Pietrangelo Roger Pigeon Phil Ross Ellen Roupas Fred Sacco Mark Slinn Lee Smith Ron Waters 3. Property Standards Officers: Brian Sparks SCHEDULE "A" Municipal By -law Enforcement Officers: Wayne Allen Tim Burshtein Tom Craig Ed Czban Barry Dalton John Grubich Robert Judge Dean Iorfida Nick Pietrangelo Franco Piscitelli Dave Rogers Philip Rudachuk Bart Skiba Brian Sparks Ron Waters Sue Wheeler Dan Wilson SCHEDULE `B" A by -law to authorize the payment of $11,029,572.94 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 January 9, 2009 to February 4, 2009. Passed this twenty -third day of February 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 23, 2009 February 23, 2009 February 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009 Passed this twenty -third day of February, 2009. First Reading: Second Reading: Third Reading: February 23, 2009 February 23, 2009 February 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23' day of February, 2009. 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 23` day of February, 2009 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council, 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR