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2009/04/20
COUNCIL MEETING Monday, April 20, 2009 Order of Business and Agenda Package PRAYER: Councillor Diodati COUNCIL MEETING April 20, 2009 ADOPTION OF MINUTES: Due to vacations, the minutes from the April 6 meeting will be produced for the following meeting. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PLANNING MATTERS Public Meeting AM- 2009 -005, Zoning By -law Amendment Application 5195 Magdalen Street and 5781 Ellen Avenue Applicant: 1184485 Ontario Inc. (Ashak Merani), Agent: Michael D. Allen Separate the Stirling Inn Property (5195 Magdalen Street) from the Greg Frewin Theatre Property (5781 Ellen Avenue) Background Material: Recommendation Report: PD- 2009 -33 -AND Correspondence from the Region 2 Public Meeting AM- 2009 -006, Zoning By -law Amendment Application 8280 and 8318 Willoughby Drive and Land on the Southwest Corner of Willoughby Drive and Welland Street. Applicant: Chippawa Presbyterian Church, Agent: David Parker, Parker Architects Recognize Existing Off -Site Parking and Reduce the Amount of Parking Required for a Place of Workshop Background Material: Recommendation Report: PD- 2009 -34 -AND-. Correspondence from the Region MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Child Find Ontario- Request that the month of March be proclaimed as "Missing Children's Month" and May 25` be declared as "National Missing Children's Day" 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. FINANCE REPORTS REPORTS Chief Administrative Officer F- 2009 -22 The Use of Excess Funds Downtown Revitalization RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 3 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 -17 Cancellation, Reduction or Refund of Taxes F- 2009 -18 Low- Income Seniors' Water Rebate F- 2009 -19 Municipal Accounts F- 2009 -20 Quarterly Operating Results -1s' Quarter ending March 31, 2009 F- 2009 -21 Tax Receivables Monthly Report L- 2009 -17 Retention of Doug Embleton, Auctioneer for Sale of Surplus Lands by Auction MW- 2009 -24 Assumption of Various Subdivisions MW- 2009 -25 Tender NP- 01 -2009- Supply of Asphalt Products MW- 2009 -26 Tender NP- 02 -2009 Supply of Ready Mix Concrete MW- 2009 -27 Tender NP- 03 -2009 Supply of Granular Material MW- 2009 -28 Update Water Conservation Rain Barrel Sale MW- 2009 -13 Boulevard Restoration Program /Policy PRC- 2009 -18 Arena Special Event Permits PRC- 2009 -21 Supply and Installation of Arena Seats Gale Centre PRC- 2009-22 Youth Education Rate: Fees for the Artificial Turf Sports Field at Kalar Park PD- 2009 -31 CB FIG 2009 -001, Commercial Building Facade Improvement Application. Applicant: Franjo Anda Marjanovic, 5844 Ferry Street (Ferry Cafe) TS- 2009 -21 Transit Advertising RFP Report -4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. NOTE: Rick Brady of Urban Environmental Management Inc. wishes to speak to the matter regarding By -law 2009 -60. 2009 -60 A by -law to provide for the adoption of Amendment No. 88 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. (OPA No. 88) 2009 -61 A by -law to provide for the adoption of Amendment No. 89 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. (OPA No. 89) 2009 -62 A by -law to amend By -law No. 79 -200, to permit the Lands to be used as parking lot in conjunction with a clinic on abutting lands. (AM- 2008 -036) 2009 -63 A by -law to amend By -law No. 395, 1966, to permit a single family dwelling on the Lands to be used as a tourist home. (AM- 2009 -003) 2009 -64 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. (AM- 2009 -001) 2009 -65 A by -law to hereby authorize the execution of the High Rate Treatment Facility Operating Agreement between The Regional Municipality of Niagara (the "Region") and the City of Niagara Falls (the "City 2009 -66 A by -law to appoint Kenneth Todd as Chief Administrative Officer for the City of Niagara Falls. 2009 -67 A by -law to authorize the payment of $33,098,618.12 for General Purposes. 2009 -68 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20` day of April, 2009. NEW BUSINESS April 20, 2009 PD- 2009 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag 9.0 raJall s Re: PD- 2009 -33 AM- 2009 -005, Zoning By -law Amendment Application 5195 Magdalen Street and 5781 Ellen Avenue Applicant: 1184485 Ontario Inc. (Ashak Merani) Agent: Michael D. Allen Separate the Stirling Inn Property (5195 Magdalen Street) from the Greg Frewin Theatre Property (5781 Ellen Avenue) RECOMMENDATION: That Council approve the Zoning By -law amendment application to place the Stirling Inn and Greg Frewin Theatre under separate site specific Tourist Commercial (TC) zones to facilitate the proposed separation of the two developments. BACKGROUND: The applicant has requested an amendment to Zoning By -law No. 79 -200 for 1.47 hectares (3.6 acres) of land known as 5195 Magdalen Street (Stirling Inn) and 5781 Ellen Avenue (Greg Frewin Theatre), as shown on Schedule 1. The applicant proposes to sever the two developments and has filed a related consent application which will be considered by the Committee of Adjustment next month. Refer to Schedule 2 for details of the development. The land is currently zoned Tourist Commercial (TC -684) with site specific regulations that permit the existing developments, but require the lands to be maintained as one property. Additional regulations exempt parking requirements for meeting rooms in the hotel, require landscaping strips and set the maximum occupancy of the theatre. The existing TC -684 zoning of the land is requested to be replaced with two (2) site specific TC zones, one for the hotel and one for the theatre, which will allow the two developments to be separated and function independently. Required landscaped open space strips between a street and parking ,area are requested to be reduced in width from 3.5 metres (11.5 feet) to 2.8 metres (94feet) along Magdalen Street and from 2.5 metres (8.2 feet) 4310QueenSYreei PO Bot 7023 Ni .tnte Falls ON,Canaday4 &T.- 9 356 7521 wwwmagarafalls.ca �.�_�2p, y� .�sre .A`"�t:.,i+3a. m -1#<:A f?. 3 a,- .r.� w�/P Working Together to Serve Our Community Community Services Department Planning Development April 20, 2009 2 PD- 2009 -33 to 2.1 metres (7 feet) along Ellen Avenue and an adjustment is requested to be able to place a waste disposal enclosure in the required landscaped open space strip on the east side of the theatre. A reduction of one loading space is also requested. All other existing regulations are proposed to be maintained in the new zones, Surrounding Land Uses The property is bounded by tourist commercial uses, including hotels, restaurants and parking lots to the south. Some residential, industrial and institutional uses mixed in with tourist commercial uses exist to the west and north of the subject lands. Circulation Comments Regional Municipality of Niagara No objections. The proposal does not appear to affect any Provincial or Regional interests. Transportation Services Fire Services Any proposed changes to the site should be noted on the site plan. The loading area for the hotel, directly accessed from Ellen Avenue, is a concern as vehicles may have to back up on the street. Building Services All required Building Permits to be obtained prior to commencement of construction. No objections. Fire service concerns can be addressed through site plan and /or Building Permit review processes. Municipal Works, Legal Services No objections. Planning Analysis The proposed amendment complies with the Official Plan. The property is designated Tourist Commercial in the Official Plan and is part of the Clifton Hill Tourist Subdistrict. This Subdistrict is intended to function as the commercial entertainment centre of the tourist area, with a wide range of uses including theatres and hotels. The existing hotel and theatre support this vision. The low rise hotel and theatre with peripheral landscaping provide an appropriate transition between more intensive development east of Victoria Avenue and more sensitive residential and institutional uses to the west. April 20, 2009 2. The requested zoning amendment is appropriate. 3 PD- 2009 -33 The current zoning provision that requires all of the land for the development reflects the original intent that the entire site was to function as one property with shared parking and access. The owner now wishes to sever the and into two separate parcels and has indicated his financiers wish the developments to function independently without any shared easements for parking or access. Sufficient parking exists on the proposed parcel containing the Stirling Inn to serve the uses contained in the hotel. However, the proposed lot line will require the parking on the parcel containing the theatre to be reoriented to ensure all required parking and aisles are contained to this parcel. This reorientation results in a maximum of 110 parking spaces on the theatre site. As parking for theatres is required to be provided at a rate of one space per 5 seats, the maximum occupancy of the theatre will be 550 seats. It is also noted that the City has undertaken a Parking Demand Study for the tourist core. If a lesser standard is approved for theatres this ratio would apply to the site once implemented. The requested relief to the other zoning regulations are appropriate as follows: The reductions in the width of the required landscaped open spaces strips from 3.5 metres (11.5 feet) to 2.8 metres (9.2 feet) along Magdalen Street and from 2.5 metres (8.2 feet) to 2.1 metres (7 feet) along Ellen Avenue are minor and do not diminish the buffering these landscaped strips provide. To reflect existing site conditions, the applicant has requested that the required landscaped open space strip to the east of the theatre be allowed to accommodate a waste disposal enclosure. Originally, this bin was to be located in the building. Although maintaining this landscaping strip in its entirety would be desirable, the enclosure is located away from the street and does not impact on the parking lot located on abutting lands. Through site plan control additional planting should be introduced to screen this enclosure. The applicant has requested a reduction in the number of required loading spaces for the theatre from 3 down to 2. The theatre has been utilizing the two loading bays that already existed on the site without any apparent off-site impacts. Continuation of site specific provisions which exempt meeting rooms in the hotel from providing parking reflects earlier approvals granted. 3. Site Plan Control is applicable. The entire site is subject to a site plan agreement which was registered in 2005. As the site will be divided into two separate parcels which may have different owners in the future, it is appropriate that new site plan agreements be executed for the two developments as conditions of the consent. April 20, 2009 4 PD- 2009 -33 The current development does not conform with the approved site plan. A driveway has been added to the north side of the hotel, parking has been developed on the north side of the theatre, and a loading space that previously existed next to the hotel building and accessed directly from Ellen Avenue has been retained. These changes will need to be reviewed through the site plan approval process, as well as the reorientation of parking on the theatre site and a new access from Magdalen Street for the hotel. Approved by: A.Bryce:mb Attach. Parking for the Day's Inn to the east of the theatre (located on a parcel also owned by the applicant) encroaches onto the required landscaping strip to the east of the theatre. The applicant has indicated that he does not wish to alter this lot line to contain all the required hotel parking on the Day's Inn property and intends to move this parking off the subject land, in accordance with the approved site plans for both developments. CONCLUSION: The requested Zoning By -law amendment to facilitate the division of the subject and into two parcels can be supported for the following reasons: the existing use of the land complies with the Official Plan policies respecting the Clifton Hill Tourist Subdistrict; sufficient parking exists on the proposed parcels for the uses located on each parcel, provided the occupancy of the theatre is reduced; minor alterations to by -law regulations will reflect existing site conditions; and replacing the existing site plan agreement that applies to the land with individual agreements for the future properties will reflect the division of land and will allow for a proper review of existing and future site works. Recommended by: Alex Herlovitch, ector of Planning Development S:1PDR120D91PD- 2009 -33, AM- 2009- 05,5195 Magdalen St -5781 Ellen Ave.wpd Ed Dujlovic, Executive Director of Community Services Subject Land Schedule 1 LOCATION MAP ht 2009 -C ianara FraHr Amending the Zoning By -law No. 79 -200 Location: 5195 Magdalen Street and 5781 Ellen Avenue Applicant: 1184485 Ontario Inc. AM- 2009 -005 March 2009 Schedule 2 L(4/14/2009) Bethany Powell Fwd: AM- 2009 -005 Regional Comments Page 11 From: Gwen Donofrio To: Bethany Powell Date: 4/14/2009 1:15 PM Subject: Fwd: AM- 2009 -005 Regional Comments Beth, same for this. Gwen Andrew Bryce 4/14/2009 12:12 PM "Mabee, Sue" <5ue.rnabeetaniagararegion.ca> 3/16/2009 3:53 PM Good afternoon Andrew, Re: Proposed Zoning Bylaw Amendment AM- 2009 -005 5195 Magdalen Street 5781 Ellen Avenue Ashak Merani Regional Development Services staff has reviewed the above noted zoning bylaw amendment application. The purpose of the amendment is to rezone the subject lands to two site specific Tourist Cornmerciaf zones that establish lot area, parking, and landscaping requirements separately for each parcel. The applicant will be pursuing a minor boundary adjustment in the future to "shift" the existing property boundary between the parcels. The properties contain existing hotel and theatre uses and 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 pemiitted. 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 Councils decision. Sincerely, Sue Mabee, MSc. PI. Planner Development Services Division _amp Planning Scanned File: lat- J RECEIVE MAR 1 6 2009 PLANNING DEVELOPMENT (4/14/2009) Bethany Powell Fwd: AM- 2009 -005 Regional Comments Page 2 j Regional Municipality of Niagara Phone: 905- 685 -4225 ext. 3386 Fax: 905- 687 -8056 Regional Municipality of Niagara Confidentiality Notice: The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication In error, please re -send thls communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. April 20, 2009 PD- 2009 -34 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag raJalls Re: PD- 2009 -34 AM- 2009 -006, Zoning By -law Amendment Application 8280 and 8318 Willoughby Drive and Land on the Southwest Corner of Willoughby Drive and Welland Street Applicant: Chippawa Presbyterian Church Agent: David Parker, Parker Architects Recognize Existing Off -Site Parking and Reduce the Amount of Parking Required for a Place of Worship RECOMMENDATION: That Council approve the Zoning By -law amendment application to: recognize the existing place of worship on 8280 and 8318 Willoughby Drive; permit a modest addition to the building; establish parking requirements based on a maximum occupancy of 240 persons; and permit a portion of the required parking to be located off -site on the southwest corner of Willoughby Drive and Welland Street. BACKGROUND: The applicant has requested an amendment to Zoning By -law No. 79 -200 for three parcels of lands. Parcel 1 is 4,249 square metres (1 acre) in size and known as 8280 Willoughby Drive. Parcel 2 is 1,358 square metres (0.33 acre) in size and known as 8318 Willoughby Drive. Parcel 3 is 1,005 square metres (0.25 acre) in size and located on the southwest corner of Willoughby Drive and Welland Street. The first two parcels are shown as Part 1 on Schedule 1, while the third parcel is shown as Part 2. The Chippawa Presbyterian Church and associated parking exists on Part 1, while additional parking for the church exists on Part 2. 70Queen ilep PO .1 1023Miaga a Fal ON V 7521 wwwn!agarafalls,ca Working Together to Serve Our Community Community Services Departmen Planning Development April 20, 2009 2 PD- 2009 -34 The amendments are requested to: recognize the existing place of worship on Part 1; permit the construction of a 649 square metre (6,983 sq. ft.) addition to the building to add a larger alter to the sanctuary, a chapel, nursery, offices, storage and arts and cultural facilities; reduce the parking requirements to the seating capacity of the sanctuary; and permit a portion of the required parking to be located off -site on Part 2. Refer to Schedule 2 for details of the development. Part 1 is currently zoned Institutional (I), in part, and Residential Single Family and Two Family (R2), in part. Part 1 is requested to be placed under a site specific I zone in its entirety. To recognize the siting and height of the existing place of worship and to permit an addition thereto, the minimum exterior side yard setback from the original centerline of Willoughby Drive is requested to be site specifically reduced from 20.6 metres (67.6 feet) to 15.7 metres (51.5 feet) for the church and 12.5 metres (41 feet) for the existing steeple and the maximum building height is requested to be site specifically increased from 10 metres (32.8 feet) to 10.4 metres (34.1 feet). The parking requirement for the place of worship is requested to be reduced to the seating capacity of the sanctuary. In addition, the two lots that comprise Part 1 are requested to be treated as one lot under the amending by -law. Part 2 is currently zoned Residential Single Family and Two Family (R2). Part 2 is requested to be placed under a Parking (P) zone with site specific provisions allowing the land to be used to provide a portion of the required parking for the church. Surrounding Land Uses Parts 1 and 2 are mainly surrounded by single detached dwellings. Commercial uses exist to the northwest along Willoughby Drive. Circulation Comments Regional Municipality of Niagara No objections. The proposal does not appear to affect any Provincial or Regional interests. Transportation Services No objections to the proposed rezoning. A 2.44 metre (8 foot wide) road widening is required to be dedicated along the Willoughby Avenue frontage of the properties, however the church property may be exempt from this dedication if there is evidence that unmarked graves exist in the area of the widening. April 20, 2009 3 PD- 2009 -34 5 metre by 5 metre (16.4 foot by 16.4 foot) daylight triangles will be required on the subject lands at the corners of Willoughby Drive and Aberdeen Street, Niagara Street and Aberdeen Street and Willoughby Drive and Welland Avenue. These dedications will be secured at the site plan stage. Municipal Works, Legal Services, Building Services, Fire Services No objections. Planning Analysis 1. The proposed amendment complies with the Official Plan. The subject lands are designated Residential in the Official Plan. Residential lands are primarily intended to be used for dwellings; ancillary uses such as places of worship may also be permitted where compatible with the residential environment. Such ancillary uses are to be conveniently located for area residents and should be located on arterial or collector roads if they are significant traffic generators. The church and related parking are ancillary uses contemplated by the Official Plan. The site is readily accessible from Willoughby Drive which is a collector road. The modest addition proposed to the church is not expected to significantly increase traffic nor is it expected to create any compatibility issues with surrounding residences. The compatibility of the off -site parking lot on the southwest corner of Willoughby Drive and Welland Street can be improved with adequate landscaping and fencing. The requested zoning amendment is appropriate. The requested site specific I zone for Part 1 to enable the two lots to be treated as one lot recognizes the fact that these lots already function as one property, with shared parking and landscape amenity. Recognizing the existing exterior side yard setback from the original centreline Willougbhy Drive of 12.5 metres (41 feet) for the steeple and 15.7 metres (51.5 feet) for the main building and the existing building height of 10.4 metres (34.1 feet) is acceptable. The existing setbacks do not interfere with the future widening of Willoughby Drive.The addition to the sanctuary is proposed no closer to Willoughby Drive and no taller than the main building. The By -law requires one parking space to be provided for each five seats for each of the function areas in a place of worship. In the past, Council approved site specific zoning amendments that allowed places of worship to provide parking based only on the seating capacity of the largest place of assembly. The reason for this is that all the function areas are not typically occupied at the same time. April 20, 2009 4 PD- 2009 -34 The multi purpose room in the church basement can accommodate 354 persons and the sanctuary can accommodate 223 persons. The multi purpose room requires 70 parking spaces, however only 48 spaces are currently available on Parts 1 and 2. To be consistent with parking reductions granted to other places of worship it is recommended that parking requirements be based on the multi- purpose room. Based on the current parking spaces, occupancy of the multi purpose room would need to be reduced to 240 persons. The applicant has no concerns with this reduction as the current supply of parking has served the church for some time without apparent problems. The P zone has been requested for the off-site parking lot on the southwest corner of Willoughby Drive and Welland Street (Part 2 as shown on Schedule 1). This request will formally permit this parking lot to provide a portion of required parking for the church. Approximately 18 required spaces are provided on this parking lot. The parking lot has existed for some time and the proposed provisions will recognize this parking arrangement. 3. Site Plan Control is applicable. Through site plan control adequate landscaping and buffering around the off -site parking lot will be secured to ensure abutting residents are not impacted by the parking lot. These measures include a 1.8 metre (5.9 foot) high board on board fence and a 2 metre (6.6 foot) wide landscaping strip along abutting residential properties. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: the church and related parking are ancillary uses contemplated by the Official Plan; and it will recognize the use of the land and its built form which has existed for many years and allow the proposed addition. A reduction to the required parking to reflect the amount of available parking is acceptable provided the occupancy of the church is limited to 240 persons at one time. Recommended by: Approved by: irector of Planning Development Alex Herlovitch Ed Dujlovic, Executive Director of Community Services A.Bryce:mb Attach. 5:1PDR 2009 -34, AM- 2009 -06, 8280 -8318 Willoughby Dr- Chippawa Presbyterian Church.wpd Subject Land Vi Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 8280 and 8318 Willoughby Drive and Land on the South -West Corner of Willoughby Drive and Welland Street Applicant: Chippawa Presbyterian Church AM- 2009 -006 April 2009 cno I WE1.LAND STREET Schedule 2 k j l I 31 III 1 gllIh III I 1 1 1, I III F -II IIIL cII of 1 1 als I II III II III: e ABERDEEN STREET 11 II II �I? (4/14/2009) Bethany Powell Fwd: AM- 2009 -006 Regional Comments Page 1 I From: Gwen Donofrio To: Bethany Powell Date: 4/14/2009 1:14 PM Subject: Fwd: AM- 2009.006 Regional Comments Beth, Please print off these comments from the Region. Date stamp Mar. 16/09 and scan Into Zoning and Council Pending (April 20) and email a pdf to Teresa in Clerks. Thanks, Gwen Andrew Bryce 4/14/2009 12:12 PM r» "Mabee, Sue" <sue.mabeeeniaoararenion.ca> 3/16/2009 3:52 PM Good morning Andrew, Re: Proposed Zoning Bylaw Amendment AM- 2009 -006 8280 and 8318 Willoughby Drive and lands an the southwest corner of Willoughby Drive and Welland Street Presbyterian Church Regional Development Services staff has reviewed the above noted zoning bylaw amendment application. The purpose of the amendment is to rezone the lands at 8280 and 8318 Willoughby Drive to a site specific Institutional zone to recognize the existing church use and to rezone the lands at the southwest corner of Willoughby Drive and Welland Street to a Parking zone to recognize the existing off site parking for the church. 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 REVEB V' ED MAR 1 6 2009 PLANNING DEIVELOPME NT (4/14/2009) Bethany Powell Fwd: AM- 2009 -006 Regional Comments Page p Regional Municipality of Niagara Phone: 905- 685 -4225 e4. 3386 Fax: 905- 687 -8056 Regional Municipality of Niagara Confidentiality Notice: The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. (3/2/2009) Kristine Elia Mayor Request letter 09.doc Page 1 March, 2009 Your Worship, O N T A R I O "1984-2009 proudly keeping children sole for 25 years' This May marks two very special milestones for Child Find Ontario. It is our 25 Anniversary and also the 18' Annual Green Ribbon of Hope T" Campaign. Once again we ask for your support, and that of your council members, to assist us in bringing this message to families in your community. The concept of the Green Ribbon of Hope was developed by the students of Holy Cross Secondary School in St. Catharines as a result of the abduction and subsequent murder of 15- year -old Kristen French on April 16, 1992. The Green Ribbon is now a symbol of recognition for the many children who go missing every year. The colour green embodies a sign of hope for those children who have gone missing. Last year the RCMP National Missing Children Services reported that over 21,000 children went missing in Ontario alone. Our education and prevention programs are vital in helping families cope with the many obstacles that were not an issue 25 years ago. Cyber bullying and on -line predators present a real threat to our youth. Teenage runaways remain on the rise. In honour of all searching parents we ask that your leadership play a key role in promoting the safe return of all missing children. I have enclosed sample proclamations for the Green Ribbon of Hope Campaign and National Missing Children's Day on the 25 of May. I would be very pleased if you could help us raise awareness by proclaiming either a day or a month in your constituency. We are happy to provide Green Ribbons free of charge and would encourage you to order as many as you need so that you might wear them on the 25 of May or any other time during the month. Fliers are also available to post in your workplace and can be ordered by completing the attached form and faxing or e- mailing it back to our office. For further information on Child Find Ontario or the Green Ribbon of Hope Campaign please email me at elaine a(�,childfindontario.ca or visit our website at www.ontario.childfind.ca or contact us at 1- 866- KID -TIPS (543 8477). With my thanks, Elaine Goraj Fundraising Program Development Provincial Head Office 440A Britannia Rd. E. Mississauga, Ontario Canada L4Z IX9 Tel: 905- 712 -3463 Fax: 905- 712 -3462 Toll Free: l- 800- KID -TIPS (543 -8477) National Toll Free: 1- 800 387 -7962 E -mail: mail nchildfindontario.ca wwwV.ontario.childfind.ca Sample Proclamation Child Find Ontario's 18` Green Ribbon of Hope Month in May WHEREAS over 60,000 children were reported missing last year in Canada and thousands more are the victims of exploitation; and WHEREAS children and families in Ontario are victims of this tragedy; and WHEREAS increased awareness of the problem is needed to help reduce the incidence of missing children and teenagers, as well as to help locate missing children; and WHEREAS this a community issue, not just a family one; and WHEREAS a Missing Child is Everyone's Responsibility; and WHEREAS this month is set aside to rekindle new hope in the search for all missing children; and WHEREAS this month supports National Missing Children's Day on May 25` and is also Child Find Ontario's 25th Year Anniversary NOW THEREFORE BE IT KNOWN THAT I, do hereby proclaim the month of May 2009 as MISSING CHILDREN'S MONTH IN [MUNICIPALITY] and join Child Find Ontario and all law enforcement agencies in urging citizens in Ontario to remain vigilant in our common desire to protect and nurture the youth of Ontario. Package Request Quantity Ordered Quantity Shipped Bags of 100 Pre -cut pinned Green Ribbon —No Charge Rolls of 100 Green Ribbon Stickers (Available in French and English) —No Charge Collection Boxes (Complete with tray to hold Stickers or Ribbons) —No Charge Green Ribbon Posters 13" x 22" (Available in French and English) —No Charge Green Ribbon Fliers 8'/2" x 11" (Available in French and English) No Charge Green Ribbon "Spirit of Hope" Wrist Band $2.00 each ON T A R 1 O "1980 -2009 proudly keeping children sale for 25 years" May 2009 18 Annual Green Ribbon of 13opeTM Campaign Order Form YES, We would like to raise funds to help reduce the incidence of missing children CITY /MUNICIPALITY /TOWNSHIP: CONTACT PERSON/TITLE: SHIPPING ADDRESS: PLEASE PRINT CLEARLY POSTAL CODE: PHONE FAX EMAIL ADDRESS: To receive your order before May, please reply by fax before April l Please fax this sheet to 905 -112 -3462 or email me at john @childfindontario.ca. If you have any questions please feet free to contact as at 905 112 -FIND 134631 or 1- 800 543 -8411 Child Find Ontario, 440A Britannia Rd. E., Mississauga, ON, t411X9 April 20, 2009 F- 2009 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -22 The Use of Excess Funds- Downtown Revitalization RECOMMENDATION: That Council make a decision on the use of the remaining Downtown Revitalization funds. BACKGROUND: Niagar 4 In 2007, Council approved issuing a debenture of $1,410,000 for investment in public realm improvements for the downtown revitalization. During the 2009 budget deliberations, it was identified that a balance of $438,678 remains available for use. Council has approved using $100,000 for capital improvements for 2009 and requested that staff review the options available for the use of the remaining balance. The use of these funds is subject to the rules outlined in the Municipal Act, 2001. In section 413(1) of the Municipal Act, 2001, municipalities are required to spend all proceeds derived from the issuance of a debenture for the purposes outlined in the original debenture issue. In the event that there is surplus funds, section 413(2) indicates that the proceeds can be used to repay the debentures or it can be used to repay any other capital expenditure of the municipality if the debt charges for the other expenditures are or will be raised from the same class of ratepayers. Expenditures such as capital improvements to road, sewer, water and sidewalks are consistent with the original debenture issue. Similarly, capital expenditures to improve streetscaping is consistent with the original debenture issue, as well. POBo 023 *Niaga a PaIIs10N'Canada L2E'6X5% 905 356 7521 ww wniagarafalls.c '3.X'a sue T._,' b Corporate Services Department Finance Working Together to Serve Our Community April 20, 2009 2 F- 2009 -22 Therefore, Council's approval of allocating $100,000 toward streetscaping in conjunction with a similar Regional contribution of $100,000 is consistent with the Municipal Act. Likewise, the remaining balance can be used for any of the following purposes: a) use of funds as a payment against debenture issue for balance of payment period b) use of funds against 2009 debenture issue c) use of funds for additional capital projects for eligible expenditures in the Downtown area. d) defer use of the funds in 2009. Staff look forward to Council's direction as this may have impact on the 2009 budgets. Recommended by: Approved by: ifrf Todd Harri Di of Financial Services Ken Burden, Executive Director of Corporate Services February 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara,Falls CANADA Working Together to Serve Our Community PD- 2009 -14 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. BACKGROUND: 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 Cpueen Streef l P0.;6oxsi 023 +N agars ralls.ON,:Canad's 22 6X5 90S:35 Wtv'st iiiac 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 fiowerbeds, 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 3 PO-2009-14 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: BBOLIBRUCK/KSCHACHOW SKOJ Attach. zievi Alex Herlovitch, Director of Planning Development Ed Dujlovic, Exebu[Iv 6irector of Community Services S: 2009.14, Proposed Streetscape Beautification Improvements for Queen Street.wpd February 23, 2009 Council Minutes 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 setback from 6m (19.7 ft) to 1.8 m (5.9 ft) A reduction in the rear yard setback from 7.5 m (24.6,ft) to 2.6 m (8.5 ft) A reduction in the exterior side yard from 4.5 m (14.8 ft) to 0.4 m (1.3 ft) 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 comprises 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 one bedroom for tourist use and recognize existing site conditions most of which were previously approved by the Committee of Adjustment. Recommendation That Council approve the Zoning By -law Amendment application to recognize the existing dwelling on the land to permit it to be used as a tourist home bed and Breakfast) with 1 bedroom available for tourists. Michael Boyd, applicant, advised that he is in support of the staff report and recommendations and asked that Council approve the by -law amendment. He indicated that they plan to use the existing dwelling as a tourist home with one bedroom available. Mr. Boyd did not think parking would be an Issue but he would work with City staff if any issues arose. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councilor Thomson that the report be approved as recommended. Carried Unanimously MISCELLANEOUS PLANNING MATTERS PD- 2009 -14 -Chief Administrative Officer -Proposed Streetscape and Beautification Improvements for Queen Street. The report recommends that: 1. the proposed streetscape and beautification improvements as prioritized by the Downtown BIA for Queen Street; 2. commit $457,000 from the Downtown Public Realm Studies Fund, together with the approved $100,000 from the Region, will provide $557,000 for the improvements; 3. if approved, the City request the Downtown BIA to be responsible for carrying out the maintenance of new Flower beds; and 4. Council support 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. 5 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Don Weaver be permitted to speak. Carried Unanimously Mr. Weaver, BIA Board, provided an overview of the draft consti uction costs and the selected proposed improvements along Queen Street from River Road to Victoria Avenue. He clarified that the BIA wanted to study the list in more detail and that the proposed fountain was identified in the City's EA for the eastern gateway to Queen Street. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that #2 of the report be deferred for further staff input. with Councillors Diodati, Pietrangelo, Mayes, Fisher, Kerrio and Thomson Motion Defeated Opposed ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved with an amendment to 2, so that $100,000 be committed, matching the Region's funds and that staff bring back a report on what can be done with the $350,000 identified for the improvements. with Councillors Wing and loannoni opposed. Motion Carried MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised the Federal and Provincial governments announced their support for the Lundy's Lane Battlefield Legacy Project committing $6.4 million dollars, which will highlight the 2012 -2014 Bi- Centennial Events. An announcement was made by the 2015 Pan -Am Games Bid Committee that Niagara Falls will be deemed the official "Welcome site" for the 2015 Games. Mayor Salci advised of some recent events: The City hosted Niagara's 2 Annual Industrial Trade Show and the Mayor and Council's Annual Chili Cook -off for Project Share took place Mayor Salci advised of some upcoming events: February 26 at the Chamber of Commerce, the Mayor will give his annual "state of the city" address and the Best of the Best" hockey event hosted by the Niagara Falls Review takes place on February 28' February 23, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Councillor Pietrangelo exited chambers. 1. Brian Sinclair Request for Reconsideration, opposed to Committee of Adjustment Decision. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that Mr. Sinclair be permitted to speak. Carried Unanimously Brian Sinclair, representing the applicant, is requesting that Council reconsider its' appeal to the Ontario Municipal Board of the decision of the Committee of Adjustment. He advised that this is a unique in -fill property. It has never been prime agriculture and is surrounded by existing residential development. Allowing the development will not be detrimental. April 20, 2009 F- 2009.17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -17 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. BACKGROUND: NiagaraJalls Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Recommended by: Approved by: AF:Iw Todd Harri4on, Director of Finance Ken Burden, Executive Director of Corporate Services WCanacla L2E,; 9D5356 7521 www:magarafalls.ca'' Working Together to Serve Our Community Corporate Services Department Finance 0 E E U c E a o v o i 5. W A c 3 O n a 0 0 n u q E -0 0 a c o o E O U d E O N i v 0 0 0- a E 4) n N E CO 04 -J 2 O w v O 0 CI 04 v 0 u. R E 0 q 2 aaN Z o J LL LL 22 0 LL N y A a d I A U 00 a ce I 47 oY o o v or 0 E a 0 0 u v O c O O O v v 0 0 E oa caa g n[n n n EE 2EE 01 01 E E E CO 0 q v q 0 0 J 0 LL E V 0 O mov 0) N 0 M o CD 0 N 60 N N f z z 0 as LL O g NF 0 0 2 Z O E a EI a 0 q y S 0 .0 0 a E s 3 e O H E a O n I 10 CI E 0 0 N E v v v 0 0 U K E 0 0 O 0 N o 0 0 0 0 0 o 0 0 0 0 0 0 N N N 0 N m 0 N 0 0 N N r 0 N 0 OD N O 0 N 0 0 CD m 0 N N CO 0 N 0 0 N CO CO N N 0 N a O N Cl a O N m r O N n 0 z a 0 ✓NZ LL N v m a zc o 0 of o d n E E m g v n 2 co 0 o 0'0 J n J r N N a W !4 E C E O O O O 9 V 0 q C 5 N ry u O O o C L a O O% d N Q N Q O n a v a C Wp�O N rvWW g oo E; ;c 0 00) 0 1 °i A`a °b e EEi uc wWm E E g N N r 0 m .c c,.g m g m i 4 cc b 2 IA (1. 0. q 0 W o N 0 0 N 0 N P r- 1/1 c 0 co E E O `o o 7 O CO NN 0 J J m N 100 0 2 0 U' 0 N N J J Z 2 Z 0 0 0 q 0 q LL LL 0 m `0001 q a q Z v 2 000 v 0 ¢Q¢ a N N O 0 10 0 C 0 0 0 v 2 O 0 w 0- April 20, 2009 F- 2009 -18 Members: Ni garapalls His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Re: F- 2009 -18 Low Income Seniors' Water Rebate RECOMMENDATION: That Council approve the annual Low Income Seniors' Water rebate. That Council discontinue the annual Low Income Seniors' Property Tax rebate. BACKGROUND: In the determination of the 2009 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2009 year. This rebate provides qualifying seniors a rebate of $100. A qualifying senior is now eligible to receive a $100 rebate. To qualify, similar to the previous year's program, a senior must receive the Guaranteed Income Supplement. In previous years, Council has approved an additional Low Income Seniors' Property Tax rebate of $100. In 2008, the cost was $64,170.00. The 2009 Operating Budget does not include a provision for this amount as the Province of Ontario has implemented a tax rebate program of this nature. In September 2008, the Province of Ontario released an Information Bulletin in stating that eligible senior homeowners will be able to obtain a grant of up to $250 in 2009. The Ontario Senior Homeowners' Property Tax Grant is an annual amount provided to help offset property taxes for seniors with low and moderate incomes who own their own homes. For 2009, the maximum grant is $250. For 2010 and subsequent years, the maximum grant will be $500. Senior homeowners will apply for the 2009 grant when they file their 2008 personal income tax returns. At the time that the Municipal tax rebate for low income seniors was implemented by Council a provincial program did not exist. However, this new provincial initiative duplicates the municipal program and provides tax relief to low income seniors. The need for the City to assist low income seniors has been met with the provincial program and as a result, funding for the program has not been provided for in the 2009 General Purposes budget. "4310 ii Street- fin,n6 1023 Ntaga atY Is50N Cda na at 6) 905 356 -7521 www.niagarafalk.ca Working Together to Serve Our Community Corporate Services Department Finance City staff is now prepared to take applications from seniors that may qualify. Applications are available in the Finance Division. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. Recommended by: Approved by: Todd Harrison, _2_ 'rector of ncial Services K. E. Burden, Executive Director of Corporate Services Senior.I- lormowners' Property Tax, Grant September? ii,ThitkibtfOftOil provided as a,guide only It not intended as a substitute for the Taxation Aci 2007: The Ontario Senior Homeowners' Property Tax Grant is an annual amount provided to help offset property taxes for seniors with low and moderate incomes who own their own homes. For 2009, the maximum grant is $250. For 2010 and subsequent years, the maximum grant will be $500. Senior homeowners will apply for the 2009 grant when they file their 2008 personal income tax returns. ,Eligibility You can apply for the 2009 Ontario Senior Homeowners' Property Tax Grant if you meet the following conditions: On December 31, 2008: you were a resident of Ontario you owned and occupied your principal residence for which you paid property taxes in 2008 you were 64 or older your spouse or common -law partner has not received a Property Tax Grant for 2009 you meet the income requirements (see below). To receive the grant, you have to apply for it each year by completing and attaching Form ON479, Ontario Credits and Senior Homeowners' Property Tax Grant, to your personal income tax return. (Note: this form is included in the Ontario returns). Your grant for 2009 will be based on the information provided in your income tax return. You should receive your grant by cheque or direct deposit within 4 to 8 weeks after you receive your 2008 Notice of Assessment from the Canada Revenue Agency. Amount of the grant Eligible senior homeowners will be able to obtain a grant of up to $250 in 2009. Ministry of Revenue 1 1 of 3 Income 2009 2010 and Subsequent Years New Seniors' Property Tax Grant Existing Property Tax Credit' Total Tax Relief New Seniors' Property Tax Grant Existing Property Tax Credit' Total Tax Relief $25,000 250 803 1,053 500 803 1,303 $30,000 250 642 892 500 642 1,142 $35,000 250 481 731 500 481 981 $40,000 250 320 570 500 320 820 $45,000 250 159 409 500 159 659 $50,000 167 0 167 334 0 334 $55,000 84 0 84 167 0 167 $60,000 0 0 0 0 0 0 Income 2009 2010 and Subsequent Years New Seniors' Property Tax Grant Existing Property Tax Credit' Total Tax Relief New Seniors' Property Tax Grant Existing Prop Tax Credit' Total Tax Relief $20,000 250 825 1,075 50D 825 1,325 $25,000 250 718 968 500 718 1,218 $30,000 250 540 790 500 540 1,040 $35,000 250 361 611 500 361 861 $40,000 167 183 350 334 183 517 $45,000 84 4 88 167 4 171 $50,000 0 0 0 0 0 0 2008 x2;-:' Single seniors who paid $250 or more in property taxes in 2008 and had incomes of up to $35,000 will receive the maximum grant in 2009. Single seniors with incomes between $35,000 and $50,000 will receive a proportionately smaller grant. The maximum grant for single seniors will be increased to $500 for 2010 and subsequent years- Senior couples who paid $250 or more in property taxes in 2008 and had combined incomes of up to $45,000 will receive the maximum grant in 2009. Senior couples with combined incomes between $45,000 and $60,000 will receive a proportionately smaller grant The maximum grant for senior couples will be increased to $500 for 2010 and subsequent years. The following charts' outline typical grant amounts and existing property tax credits at various income levels for single seniors and for senior couples paying $2,000 in property taxes: Typical Grant Amounts and Existing Property Tax Credits Si Charts as reflected in the 2008 Ontario Budget Calculated as a share of property and sales tax credits proportionate to eligible property tax, using an estimate of the proposed increase to the 2008 senior couples' income threshold. Ministry of Revenue 12 of 3 Dist# 6493E To obtain the most current version of this publication, or additional information, visit our website at ontario.ca/revenue or contact the Ministry of Revenue at: 1 866 ONT -TAXS (1 866 668 -8297) 1 800 263 -7776 teletypewriter (TTY) Version franraise disponible n Queen's Printer for Ontario, 2008 ISBN 978 1-4249- 7958 -5 (Print) ISBN 978-1 -4249- 7959 -2 (HTML) ISBN 978 14249- 7960 -8 (PDF) Ministry of Revenue 13 of 3 April 20, 2009 F- 2009 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Niagaraj3alls C4NA1)d Re: F- 2009 -19 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $33,098,618.12 for the period March 5, 2009 to April 1, 2009. BACKGROUND: The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Todd Harrison, Direcr.rof Financial Services Ken Burden, Executive Director of Corporate Services Po)Box 1023;Niagarra FaIIs FON 12E;6X5 )905-35677521 wwwniagarafalis.caa Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 2 GUY'S GLASS INC 2030688 ONTARIO LTD 4 OFFICE AUTOMATION LTD 4 OFFICE AUTOMATION LTD 727604 ONTARIO LTD A COUPLE OF CHICKS MARKETING LTD ACA ENGINEERING SERVICES ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADSHEAD,DON ADVANCE TOWING AECOM AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALL PRO RENTALS ALLEN &CHUI ARCHITECTS INC. ALLIED MEDICAL INSTRUMENTS INC ALPINE PEST CONTROL AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANGER,RONALD APPLIED RESEARCH ASSOCIATES INC ARMSTRONG ENTERTAINMENT ASSOCIATED ENGINEERING (ONT) LTD AURORA,LISA B B LIFT TRUCK SERVICE B C TRUCK CENTRE (PARTS) BANK OF MONTREAL BARCLAY TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BEAMAN,KEN BEAULIEU,J ULIETTE BEAUPARLANT,TIFFANI, L BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BENNETT,CATHARINE BICKLE MAIN INDUSTRIAL SUPPLY BICKLE MAIN INDUSTRIAL SUPPLY BIGGARS KEY SHOP BIRD,LUCETTE BIRKS COMPANY THE BLAIS,PAUL BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOBOROS,TERRY BORDEN LADNER GERVAIS BOYS GIRLS CLUB OF NIAGARA BRETHERICK,JAMES BRIANT,ROBERT BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BUCKHORN CANADA INC BUNTIN REID Cheque No. Cheque Date Purpose 327455 18- Mar -2009 327742 01- Apr -2009 327741 01- Apr -2009 327282 11- Mar -2009 327598 25- Mar -2009 327456 18- Mar -2009 327600 25- Mar -2009 327283 11- Mar -2009 327284 11- Mar -2009 327457 18- Mar -2009 327285 11- Mar -2009 327743 01- Apr -2009 327601 25- Mar -2009 327286 11- Mar -2009 327287 11- Mar -2009 327288 11- Mar -2009 327458 18- Mar -2009 327602 25- Mar -2009 327744 01- Apr -2009 327289 11- Mar -2009 327459 18- Mar -2009 327603 25- Mar -2009 327290 11- Mar -2009 327745 01- Apr -2009 327460 18- Mar -2009 327461 18- Mar -2009 327462 18- Mar -2009 327291 11- Mar -2009 327463 18- Mar -2009 327604 25- Mar -2009 327746 01- Apr -2009 327292 11- Mar -2009 327605 25- Mar -2009 327293 11- Mar -2009 327294 11- Mar -2009 327606 25- Mar -2009 327748 01- Apr -2009 327296 11- Mar -2009 327295 11- Mar -2009 327749 01- Apr -2009 327607 25- Mar -2009 327464 18- Mar -2009 327297 11- Mar -2009 327466 18- Mar -2009 327300 11- Mar -2009 327298 11- Mar -2009 327299 11- Mar -2009 327467 18- Mar -2009 327608 25- Mar -2009 327609 25- Mar -2009 327750 01- Apr -2009 327610 25- Mar -2009 327751 01- Apr -2009 327301 11- Mar -2009 327302 11- Mar -2009 327752 01- Apr -2009 327469 18- Mar -2009 327303 11- Mar -2009 327304 11- Mar -2009 327305 11- Mar -2009 327704 25- Mar -2009 327836 01- Apr -2009 327306 11- Mar -2009 327611 25- Mar -2009 327470 18- Mar -2009 327307 11- Mar -2009 327308 11- Mar -2009 327612 25- Mar -2009 327613 25- Mar -2009 327472 18- Mar -2009 327471 18- Mar -2009 327614 25- Mar -2009 327615 25- Mar -2009 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES SERVICES SERVICES MATERIALS SERVICES SAFETY FOOTWEAR SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS REFUND REFUND SERVICE DEPOSI MATERIALS MATERIALS REFUND MATERIALS SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS REFUND PARKING TICKET DUPLICA MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS SERVICES GRANT MATERIALS MATERIALS SERVICES MATERIALS SERVICES SERVICES MATERIALS MATERIALS Page 1 of 8 Amount 39.38 157,19 5,250.00 622.00 102.80 625,714.11 6,195.00 2,072.07 400.59 344.40 10.00 231.00 1,481.25 193.19 15.00 7,568.23 1,847.85 280.83 5,040.72 29,284.17 16,109.38 12,473,26 305.10 305.10 137.50 1,638.74 341.25 590.91 568.17 590.91 556.80 15.00 7,875.00 525.00 17,488.62 16.25 613.90 472.30 1,448.83 803.78 39,175.15 50.49 15.00 26.50 24.60 74.83 80.23 789.63 7,352.67 265.79 49.72 1,808.00 1,808.00 15.00 6.78 526.58 11.99 15.00 319.11 112.99 1,039.50 1,039,50 15.00 17,979.66 17,850,00 15,00 15.00 1,404.60 26.58 984.38 2,522.65 4,236,36 1,120.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BURGESS FENCE CONTRACTORS BURSE,PAMELA BUSINESS XPANSION JOURNAL BUTLER,DAVID CALE SYSTEMS INC CANADA BREAD ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CAPORICCI,ROBB CARACCIOLQCARMELO CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARRICK,MARZENNA CARTER,HUGH CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CHAMPION INDUSTRIAL EQUIPMENT CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIARELLA, DOMENIC CHIMPANZEE CHIPPAWA AUTOBODY LTD CIAMPA,MAURO CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLENDENNIN,ROBERT CLIFTON HILL BIA COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE -SUD CONSEIL SCOLAIRE DE DISTRICT DU CENTRE SUD -OUEST CORIX WATER PRODUCTS (EAST) INC CORROSION SERVICE CO LTD COTTON INC COULTER WATER METER SERVICES INC CRAWFORD 8 COMPANY (CANADA) INC CRAWFORD 8 COMPANY (CANADA) INC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUSTOMICE INC CYBERBAHN INC CYGNAL TECHNOLOGIES DALKE,DORIS DAVIES,JOHN DAWDY,LLOYD DEEP STEAM DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DEURLOO,JOAN DEVEREAUX,FRANK DISTRICT SCHOOL BOARD OF NIAGARA DOBBIN,DEBI Cheque No. Cheque Date Purpose 327473 18- Mar -2009 MATERIALS 327309 11- Mar -2009 MATERIALS US DRAFT 24- Mar -2009 ADVERTISING 327310 11- Mar -2009 MATERIALS 327754 01- Apr -2009 CONTRACT SERVICES 327474 18- Mar -2009 MATERIALS 327755 01- Apr -2009 MATERIALS 327476 18- Mar -2009 SERVICES 327475 18- Mar -2009 CONTRACT SERVICES 327477 18- Mar -2009 MATERIALS 327616 25- Mar -2009 CONTRACT SERVICES 327617 25- Mar -2009 CONTRACT SERVICES 327618 25- Mar -2009 GRANT 327311 11- Mar -2009 MATERIALS 327312 11- Mar -2009 MATERIALS 327479 18- Mar -2009 MATERIALS 327756 01- Apr -2009 MATERIALS 327313 11- Mar -2009 MATERIALS 327619 25- Mar -2009 MATERIALS 327620 25- Mar -2009 TRAVEL /MILEAGE 327621 25- Mar -2009 REFUND 327757 01- Apr -2009 MATERIALS 327314 11- Mar -2009 CONTRACT SERVICES 327758 01- Apr -2009 CONTRACT SERVICES 327759 01- Apr -2009 MATERIALS 327315 11- Mar -2009 MATERIALS 327316 11- Mar -2009 MATERIALS 327317 11- Mar -2009 MATERIALS 327760 01 -Apr -2009 MATERIALS 327480 18- Mar -2009 REFUND 327761 01- Apr -2009 SERVICES 327762 01- Apr -2009 MATERIALS 327622 25- Mar -2009 GRANT 327481 18- Mar -2009 MATERIALS 327318 11- Mar -2009 LEASES AND RENTS 327482 18- Mar -2009 LEASES AND RENTS 327763 01- Apr -2009 LEASES AND RENTS 327319 11- Mar -2009 SERVICES 327483 18- Mar -2009 SERVICES 327320 11- Mar -2009 MATERIALS 327764 01- Apr -2009 REMITTANCE -2009 1ST INSTALLMEI 327321 11- Mar -2009 UTILITIES 327484 18- Mar -2009 UTILITIES 327765 01- Apr -2009 UTILITIES 327322 11- Mar -2009 CONTRACT SERVICES 327485 18- Mar -2009 CONTRACT SERVICES 327766 01- Apr -2009 CONTRACT SERVICES 327767 01- Apr -2009 MATERIALS WIRE 31- Mar -2009 TAX LEVY WIRE 31- Mar -2009 TAX LEVY 327323 11- Mar -2009 MATERIALS 327623 25- Mar -2009 CONTRACT SERVICES 327768 01- Apr -2009 LEASES AND RENTS 327624 25- Mar -2009 MATERIALS 327324 11- Mar -2009 CONTRACT SERVICES 327486 18- Mar -2009 CONTRACT SERVICES 327325 11- Mar -2009 REMITTANCE 327487 18- Mar -2009 REMITTANCE 327625 25- Mar -2009 PAYROLL REMITTANCE 327769 01- Apr -2009 PAYROLL REMITTANCE 327626 25- Mar -2009 MATERIALS 327770 01- Apr -2009 MATERIALS- TO REPLENISH 327627 25- Mar -2009 SERVICES 327326 11 -Mar -2009 MATERIALS 327327 11- Mar -2009 MATERIALS 327328 11- Mar -2009 MATERIALS 327488 18- Mar -2009 SERVICES 327771 01- Apr -2009 CONTRACT SERVICES 327490 18- Mar -2009 COMPUTER 327491 18- Mar -2009 MATERIALS 327329 11- Mar -2009 MATERIALS 327330 11- Mar -2009 REFUND WIRE 31- Mar -2009 TAX LEVY 327492 18- Mar -2009 TRAVEL /MILEAGE Page 2 of 8 Amount 3,465.00 15.00 1,600.00 15.00 915.30 161.33 116.22 1,209.81 1,018.23 2,015.18 264.60 531.20 50.00 15.00 13,311.28 19,716.60 12,966.54 546.87 98.08 162.00 120.00 495.39 1,644.30 1,644.30 91.65 15.00 15.00 329.06 273.07 750.00 1,260.00 2,260.00 50.00 1,377.47 887.17 2,251.14 3,209.17 152.83 293.80 15.00 12,500.00 615,24 285.19 623.12 1,448.16 41,258.81 1,448.16 71.50 256,595.94 133,338.07 349,17 1,915.20 349.13 578.28 1,959.50 2,257.50 3,575.85 3,581.81 3,549.54 3,444.49 3,390.00 500.00 2,943.94 15.00 15.00 15.00 241,37 12,402.08 7,468.35 529.69 15.00 45.00 7,221,557.11 37.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAWING CENTRE DRUMANTICKS Go JACK BARNES DYNAMIC ONLINE MARKETING CORP E3 LABORATORIES E3 LABORATORIES EASTLAND GRAPHICS ECO SOLUTIONS PARTNERS EDWARDS,WAYNE ELECTROMEGA LTD EMCO CORPORATION EMERALD EMPIRE LIFE INSURANCE COMPANY THE EMPIRE SOLUTIONS ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENTERPRISE RENTA CAR ETHERINGTON,DAVE EVANGELISTI, FRANK EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FAIELLA,EILEEN FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLSVIEW BIA FAMILY AND CHILDREN SERVICES NIAGARA FASTENAL CANADA FERON,JEANNETTE FERRANTE,PRISCILLA FINE LINE INSTRUMENTS LTD FIRE MONITORING OF CANADA INC FIRST CANADIAN TITLE FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRETZ,LINDA FRONTIER EQUIPMENT CO LTD G K SERVICES CANADA INC GALBRAITH ELECTRIC LTD GALES GAS BARS GALT MACHINE KNIFE SAW GE CANADA EQUIPMENT FINANCING G P GEORGE BAILEY GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOODWILL INDUSTRIES NIAGARA GORAJ, LUCY GORDON WRIGHT LIMITED GRAND TOY GRAVELLE,DON GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIFFIS STUDIOS GRIFFITHS, DAVID GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED Cheque No. Cheque Date 327772 01- Apr -2009 327773 01- Apr -2009 327628 25- Mar -2009 327493 18- Mar -2009 327331 11- Mar -2009 327332 11- Mar -2009 327629 25- Mar -2009 327495 18- Mar -2009 327496 18- Mar -2009 327333 11- Mar -2009 327775 01- Apr -2009 327497 18- Mar -2009 327776 01- Apr -2009 327777 01- Apr -2009 327778 01- Apr -2009 327498 18- Mar -2009 327632 25- Mar -2009 327779 01- Apr -2009 327633 25- Mar -2009 327499 18- Mar -2009 327334 11- Mar -2009 327634 25- Mar -2009 327335 11- Mar -2009 327336 11- Mar -2009 327500 18- Mar -2009 327780 01- Apr -2009 327501 18- Mar -2009 327337 11- Mar -2009 327781 01- Apr -2009 327338 11- Mar -2009 327635 25- Mar -2009 327783 01- Apr -2009 327782 01- Apr -2009 327784 01- Apr -2009 327502 18- Mar -2009 327339 11- Mar -2009 327340 11- Mar -2009 327341 11- Mar -2009 327785 01- Apr -2009 327786 01- Apr -2009 327636 25- Mar -2009 327342 11- Mar -2009 327503 18- Mar -2009 327343 11- Mar -2009 327504 18- Mar -2009 327344 11- Mar -2009 327505 18- Mar -2009 327788 01- Apr -2009 327787 01- Apr -2009 327506 18- Mar -2009 327637 25- Mar -2009 327638 25- Mar -2009 327639 25- Mar -2009 327345 11- Mar -2009 327507 18- Mar -2009 327640 25- Mar -2009 327789 01- Apr -2009 327790 01- Apr -2009 327346 11- Mar -2009 327508 18- Mar -2009 327347 11- Mar -2009 327348 11- Mar -2009 327509 18- Mar -2009 327641 25- Mar -2009 327791 01- Apr -2009 327642 25- Mar -2009 327349 11- Mar -2009 327792 01- Apr -2009 US DRAFT 31- Mar -2009 327350 11- Mar -2009 327643 25- Mar -2009 327793 01- Apr -2009 327351 11- Mar -2009 327794 01- Apr -2009 Purpose REMITTANCE-2009 1ST INSTALLME& SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS SERVICES MATERIALS SERVICES REMITTANCE PREMIUMS FOR ATU I REFUND TENDER DOCUMENT FEE I UTILITIES UTILITIES UTILITIES CONSULTING SERVICES REFUND TRAVEL/MILEAGE GRANT MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS REMITTANCE-2009 1ST INSTALLMEI REFUND -2008 CHARITY REBATE MATERIALS MATERIALS MATERIALS EQUIPMENT-1D2100 LOCATOR S/N SERVICES REFUND REMITTANCE MATERIALS TRAVEUMILEAGE REMITTANCE-DEDUCTIBLE REMITTANCE MATERIALS MATERIALS SERVICES MATERIALS FUEL MATERIALS LEASES AND RENTS SERVICES MATERIALS MATERIALS MATERIALS REFUND -2009 CHARITY REBATE REFUND SENIOR WATER REBATE CONTRACT SERVICES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE SERVICES MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES MATERIALS MATERIALS Page 3 of 8 Amount 75,000.00 251.98 174.33 400.00 280.13 6,593.36 3,068.77 388.50 4,966.95 15.00 3,322.20 3,385.48 183.75 37,532.98 25.00 47,506.94 4,352.85 556.68 3,013.33 25.00 138.50 50.00 15.00 74.70 9,778.90 482.00 200.91 15.00 6,762.11 1,432.98 19,496.65 1,234.21 400,000.00 2,066.21 150.24 15.00 15.00 954.85 764.40 347,46 2,889.00 299.54 64.50 10,350.00 9,502.53 15.00 98.64 133.59 220.50 92.70 379,68 1,000,05 360,00 2,148,40 102.38 24.30 6,103.03 75.00 22,519.14 73,105.13 15.00 809.58 249.42 624.19 9,560.42 32.40 4,403.70 6,765.40 270.24 15.00 2,851.05 20,493.80 169.50 249.96 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HILL, MARTHA HISTORIC NIAGARA DEVELOPMENT INC HODGINS,REGINALD JOHN KAREN HOME TRUST CO HUSSEY,LOUIS HUSS EY,SHI RLEY CECO ADVANCED ARENA PRODUCTS CI CANADA INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NDUSTRY CANADA NNOVATIVE SURFACE SOLUTIONS CANADA NNOVATIVE SURFACE SOLUTIONS CANADA J &B JACKSON,CHRISTINE JACKSON,DAVE JARDINE LLOYD THOMPSON CANADA LTD JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JUDSON,PATRICIA KAGAN SHASTRI BARRISTERS SOLICITORS IN TRUST KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENMORE DEVELOPMENTS KERRY T HOWE ENGINEERING LTD KNOWLTON PASS ELECTRONICS INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KUI PERS,JAN ET L ST AMAND ENTERPRISES L ST AMAND ENTERPRISES LAFARGE CANADA INC LAKES MAINTENANCE LAKES MAINTENANCE LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAPP HANCOCK ASSOCIATES LTD LAYTON,VICTORIA LEA,T. LEMAY,GERALD LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LMCBO GROUP LUCAS EMERGENCY POWER LTD LUEY,CATHERINE LUNDY'S LANE BIA LYMBURNER,BOB M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACDONALD,JOHN H. MAIN FERRY BIA MANOR CLEANERS MARTENS,TOM MARTIN SHEPPARD FRASER LLP IN TRUST MARTY'S MENS WEAR MAVES,DIANE MCCONNELL,LUCILLE MCNAMARA,SUSAN MEDCON MECHANICAL LTD METRO COLLISION SERVICES INC MGM SECURITY GROUP INC Cheque No. Cheque Date Purpose 327352 11- Mar -2009 MATERIALS 327353 11- Mar -2009 MATERIALS 327354 11- Mar -2009 MATERIALS 327355 11- Mar -2009 SERVICES 327510 18- Mar -2009 SERVICES 327644 25- Mar -2009 SERVICES 327795 01- Apr -2009 SERVICES 327356 11- Mar -2009 MATERIALS 327796 01- Apr -2009 PETTY CASH 327645 25- Mar -2009 MATERIALS 327357 11- Mar -2009 MATERIALS 327511 18- Mar -2009 LEASES AND RENTS 327646 25- Mar -2009 REFUND 327797 01- Apr -2009 REFUND 327359 11- Mar -2009 MATERIALS 327358 11- Mar -2009 MATERIALS 327360 11- Mar -2009 MATERIALS 327647 25- Mar -2009 MATERIALS 327513 18- Mar -2009 MATERIALS 327512 18- Mar -2009 MATERIALS 327361 11- Mar -2009 MATERIALS 327514 16- Mar -2009 MATERIALS 327515 18- Mar -2009 ADMINISTRATIVE 327798 01- Apr -2009 TRAVEL/MILEAGE 327362 11- Mar -2009 TRAVEL/MILEAGE 327363 11- Mar -2009 MATERIALS 327649 25- Mar -2009 SERVICES 327799 01- Apr -2009 REIMBURSEMENT 327364 11- Mar -2009 MATERIALS 327650 25- Mar -2009 CONTRACT SERVICES 327365 1I- Mar -2009 CONTRACT SERVICES 327517 18- Mar -2009 CONTRACT SERVICES 327651 25- Mar -2009 CONTRACT SERVICES 327800 01- Apr -2009 CONTRACT SERVICES 327516 18- Mar -2009 REFUND LOT GRADING DEPOSIT 327652 25- Mar -2009 CONTRACT SERVICES DIXON ST C 327653 25- Mar -2009 LEASES AND RENTS AIRTIME MAR 327367 11- Mar -2009 CONTRACT SERVICES 327518 18- Mar -2009 CONTRACT SERVICES 327368 11- Mar -2009 MATERIALS 327654 25- Mar -2009 TRAVEL/MILEAGE 327373 11- Mar -2009 MATERIALS 327523 18- Mar -2009 MATERIALS 327369 11- Mar -2009 MATERIALS 327370 1 1-Mar-2009 CONTRACT SERVICES 327519 18- Mar -2009 CONTRACT SERVICES 327655 25- Mar -2009 CONTRACT SERVICES 327801 01- Apr -2009 CONTRACT SERVICES 327656 25- Mar -2009 ENGINEERING SERVICES 327371 11- Mar -2009 MATERIALS 327803 01- Apr -2009 MATERIALS 327372 11- Mar -2009 MATERIALS 327521 18- Mar -2009 FUEL 327805 01- Apr -2009 FUEL 327522 18- Mar -2009 2009 MEMBERSHIP 327658 25- Mar -2009 CONTRACT SERVICES 327806 01- Apr -2009 REIMBURSEMENT 327807 01- Apr -2009 BIA LEVY 327374 11- Mar -2009 REFUND 327531 18- Mar -2009 MATERIALS 327381 11- Mar -2009 CONTRACT SERVICES 327666 25- Mar -2009 CONTRACT SERVICES 327659 25- Mar -2009 CONTRACT SERVICES 327808 01- Apr -2009 BIA LEVY 327660 25- Mar -2009 MATERIALS 327375 11- Mar -2009 MATERIALS 327376 11- Mar -2009 LEGAL SERVICES 327524 18- Mar -2009 MATERIALS 327377 11- Mar -2009 TRAVEL/MILEAGE 327378 11- Mar -2009 TRAVEL/MILEAGE 327379 11- Mar -2009 TRAVEL/MILEAGE 327661 25- Mar -2009 CONTRACT SERVICES 327809 01- Apr -2009 CONTRACT SERVICES 327662 25- Mar -2009 CONTRACT SERVICES FINANCE RI Page 4 of 8 Amount 15.00 15.00 15.00 179.03 179.03 800.53 179.03 15.67 907.76 28,331.56 15.00 3,254.87 275.22 270.96 15.00 15.00 10,424.88 699.70 447.10 5,546.00 4,206.88 4,137.87 73.50 37.00 117.00 6,809.40 3,779.85 492.22 15.00 2,462.25 1,212.75 2,856.00 33,538.64 15,976.59 7,000.00 4,265.52 5,250.00 3,675.00 25,200.00 15.00 55.00 579.60 434.70 17,493.51 109.73 609.28 109.73 806.41 22,207.50 5.00 150.00 15.00 19,396.51 1,899.11 250.00 3,600.04 560.00 69,000.00 370.00 1,670.14 745.63 745.63 2,942.35 13,750.00 46.75 15.00 3,187.77 305.10 45.00 63.00 69.00 10,295.09 5,882.39 220.35 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MHPM PROJECT MANAGERS INC MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD MICRON INSTALLATIONS LIMITED MIDE BISTRO MINERVINI, DOM ENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF TRANSPORTATION MISTER CHEMICAL LTD. MODERN LANDFILL INC MODERN LANDFILL INC MONTAGUE,ROSE MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTICELLO GRILLE HOUSE AND WINE BAR MOON,BILL MOORE CANADA MORGAN,DAVE MOROCCO,ANNA MOROCCO,JOHN MORRISSEY, DENYSE MOSS,HIRRELL MR QUICK SOFT CLOTH MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIATION MUNICIPAL RISK SERVICES LTD MUNICIPAL WORLD INC MURAWSKI,CHESTER MURPHY'S MUSIC MY COUNTRY DELICATESSEN N Y STYLE DELI NATIONAL ASSOCIATION OF FIRE INVESTIGATORS NEDCO NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION c/a NIAGARA SHEET METAL FABRICATING LTD NIAGARA THIS WEEK NIAGARA TINTING NIAGARA WATER CONDITIONING LTD NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NIGHT WATCH SECURITY Cheque No. 327663 327525 327526 327810 327811 327528 327665 327529 327380 327527 327664 327812 327530 327813 327382 327814 327383 327532 327667 327815 327533 327384 327385 327668 327816 327386 327387 327388 327817 327669 327389 327281 327670 327390 327534 327671 327823 327535 327672 327536 WIRE 327673 327537 327391 327675 327392 327538 327676 327540 327541 327818 327678 327679 327680 327393 327394 327543 327544 327545 327681 327682 327819 327820 327395 327683 327396 Owe 327542 327546 327684 327821 327397 327674 327398 327399 Cheque Date 25- Mar -2009 18-Mar -2009 18- Mar -2009 01 -Apr -2009 01- Apr -2009 18- Mar -2009 25- Mar -2009 18- Mar -2009 11- Mar -2009 18- Mar -2009 25- Mar -2009 01- Apr -2009 18- Mar -2009 01- Apr -2009 11- Mar -2009 01- Apr -2009 11- Mar -2009 18- Mar -2009 25- Mar -2009 01- Apr -2009 18- Mar -2009 11- Mar -2009 11- Mar -2009 25- Mar -2009 01- Apr -2009 11- Mar -2009 11- Mar -2009 11- Mar -2009 01- Apr -2009 25- Mar -2009 11- Mar -2009 09- Mar -2009 25- Mar -2009 11- Mar -2009 18- Mar -2009 25- Mar -2009 01- Apr -2009 18- Mar -2009 25- Mar -2009 18- Mar -2009 31- Mar -2009 25- Mar -2009 18- Mar -2009 11- Mar -2009 25- Mar -2009 11- Mar -2009 18- Mar -2009 25- Mar -2009 18- Mar -2009 18- Mar -2009 01- Apr -2009 25- Mar -2009 25- Mar -2009 25- Mar -2009 11- Mar -2009 11- Mar -2009 18- Mar -2009 18- Mar -2009 18- Mar -2009 25- Mar -2009 25- Mar -2009 01- Apr -2009 01- Apr -2009 11- Mar -2009 25- Mar -2009 11- Mar -2009 18- Mar -2009 18- Mar -2009 25- Mar -2009 01- Apr -2009 11 -Mar -2009 25- Mar -2009 11- Mar -2009 11- Mar -2009 Purpose CONTRACT SERVICES NCCC CONTRACT SERVICES FINANCE RI CONTRACT SERVICES MATERIALS TRAVEL/MILEAGE REMITTANCE PAYROLL REMITTANCE ONTARIO FIRE COLLEGE REGISTRA REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE STORES /INVENTORY CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND REIMBURSEMENT TRAVEL/MILEAGE TRAVEL/MILEAGE MATERIALS CONTRACT SERVICES TRAINING 2009 MEMBERSHIP ADMINISTRATIVE SUBSCRIPTION MATERIALS MATERIALS MATERIALS MATERIALS COUNCIL DINNER MEMBERSHIP MATERIALS MATERIALS TAX LEVY GRANT ADVERTISING GRANT GRANT CONTRACT SERVICES REMITTANCE GRANT REMITTANCE REMITTANCE PAYROLL REMITTANCE GRANT RETAINER UTILITIES WATER ARREARS UTILITIES HYDRO PAYMENTS ON TAX ROLL MATERIALS UTILITIES MATERIALS UTILITIES WATER ARREARS UTILITIES CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP REFUND CONTRACT SERVICES ADVERTISING REFUND PORTION OF PERMIT FEE CONTRACT SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES Page 5 of 8 Amount 27,679.89 899.06 525.00 452.00 195.50 6,234.64 198.58 720.00 740.79 2,259.71 740.79 1,785.01 10,543.50 178.18 3,064.44 1,487.95 15.00 11,046.00 359.62 735.00 339.00 124.29 22,395.10 50.00 150.00 167.50 122.00 15.00 238.35 393.75 100.00 139.00 51.98 15.00 246.75 54.07 220.35 55.00 526.21 126.90 3,732,568.17 34,369.00 681.09 22,424.00 4,666.67 2,120.00 225.00 37,711.83 5,802.30 6,314.82 6,289.15 33,333.33 189.00 59.00 13,738.83 3,779.20 149.02 11,547.37 5,213.36 6,472.17 202.79 19,995.85 142,320.32 35.00 105.00 100.00 120.00 1,017.00 712.95 2,205.13 68.25 59.80 175.69 192.15 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NOVAJET (WEST) INC. NRMFA NU CUT SHARPENING OATLEY,SHAWN OCE- CANADA INC OLD ST JOHN'S STAMFORD HERITAGE ASSOCIATION OLDER ADULT CENTRES ASSOCIATION OF ONTARIO OMERS OMERS OMERS ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO REALTY CORPORATION PARLATORE,PHIL PEC ROOF MAINTENANCE PEMBERTON,HOLLY PENDLEBURY COST CONSULTANTS PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PETRA,LORENA CUDDY PHILIPS ENGINEERING PHILLIPS,GERALD PIGEAU,SONIA& PIGEAU, MICHAEL PITNEY WORKS PITNEY WORKS PKF CONSULTING POPKO,SUSAN POST FOODS CANADA CORP POST FOODS CANADA CORP POTTS,JESSICA POWERTECH ENTERPRISES INC PRAXAIR PROJECT SHARE PROSECUTORS' ASSOCIATION OF ONTARIO PROVINCIAL CONTRACTORS INC PUCHALSKI,RALPH, JOHN PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R W HOIST REPAIRS LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAVEN,BONNIE RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RENNIE,GEORGE RICHARDSON,MARK ROBBINS,JANE ROBBINS,RICHARD ROGERS WIRELESS INC ROSS,PHILIP ROYAL CANADIAN LEGION BRANCH 51 SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY TODAY Page 6 of 8 Cheque No. Cheque Date Purpose Amount 327400 11- Mar -2009 MATERIALS CAMERA HEAD 1,864.50 327686 25- Mar -2009 GRANT 480.00 327822 01- Apr -2009 MATERIALS 723.20 327402 11- Mar -2009 TRAVEUMILEAGE 14.00 327547 18- Mar -2009 MATERIALS 2,080.52 327404 11- Mar -2009 SERVICES 1,603.18 327403 11- Mar -2009 MEMBERSHIP 450.00 327405 11- Mar -2009 REMITTANCE 386,985.10 327406 11- Mar -2009 REMITTANCE 23,172.24 327687 25- Mar -2009 PAYROLL REMITTANCE 26.50 327688 25- Mar -2009 HEALTH SAFETY TRAINING 1,207.50 327549 18- Mar -2009 LEASES AND RENTS 8,379.00 327689 25- Mar -2009 GRANT 50.00 327550 18- Mar -2009 CONTRACT SERVICES 1,049.03 327824 01- Apr -2009 REIMBURSEMENT 189.30 327551 18- Mar -2009 CONTRACT SERVICES NCCC 603.75 327408 11- Mar -2009 CONTRACT SERVICES 182.70 327691 25- Mar -2009 CONTRACT SERVICES 31.50 327825 01- Apr -2009 CONTRACT SERVICES 182.70 327407 11- Mar -2009 MATERIALS 35.00 327552 18- Mar -2009 MATERIALS 330.00 327690 25- Mar -2009 MATERIALS 170.00 327826 01- Apr -2009 REFUND PERMIT APPLICATION FEE 903.04 327827 01- Apr -2009 CONTRACT SERVICES MONTROSE 741.05 327409 11- Mar -2009 MATERIALS 15.00 327692 25- Mar -2009 REFUND 205.44 327693 25- Mar -2009 LEASES AND RENTS 107.35 327828 01- Apr -2009 LEASES AND RENTS 338.50 327694 25- Mar -2009 CONTRACT SERVICES 5,250.00 327410 11- Mar -2009 MATERIALS 15.00 327411 11- Mar -2009 STEAM JANUARY 2009 19,808.55 327695 25- Mar -2009 UTILITIES STEAM 8,987.96 327553 18- Mar -2009 TRAVEL /MILEAGE 306.50 327829 01- Apr -2009 MATERIALS 2,289.92 327696 25- Mar -2009 LEASES AND RENTS 176.37 327697 25- Mar -2009 GRANT 26,175.08 327412 11- Mar -2009 2009 MEMBERSHIP F. PISCITELLI 60.00 327830 01- Apr -2009 CONTRACT SERVICES 13,633.20 327698 25- Mar -2009 REFUND 20.00 327554 18- Mar -2009 COURIER 44.76 327699 25- Mar -2009 COURIER 34.41 327831 01- Apr -2009 COURIER 115.19 327838 01- Apr -2009 CONTRACT SERVICES 375.14 327413 11- Mar -2009 STORES /INVENTORY 160.01 327832 01- Apr -2009 STORES /INVENTORY 245.44 327700 25- Mar -2009 MATERIALS 1,576.21 327414 11- Mar -2009 MATERIALS 15.00 327833 01- Apr -2009 ADMINISTRATIVE 1,389.67 327415 11- Mar -2009 REMITTANCE 87,332.34 327416 11- Mar -2009 REMITTANCE 404.14 327555 18- Mar -2009 REMITTANCE 378,943.23 327556 18- Mar -2009 REMITTANCE 179.51 327701 25- Mar -2009 PAYROLL REMITTANCE 85,620.82 327702 25- Mar -2009 PAYROLL REMITTANCE 188.86 327834 01- Apr -2009 PAYROLL REMITTANCE 372,117.66 327835 01- Apr -2009 PAYROLL REMITTANCE 190.07 327557 18- Mar -2009 MATERIALS 4,141.73 327597 24- Mar -2009 MATERIALS 1,100.00 327703 25- Mar -2009 CONTRACT SERVICES MTO BILLIN 17,218.55 WIRE 16- Mar -2009 TAX LEVY 15,015,590.00 WIRE 31- Mar -2009 CONSTRUCTION COST SHARING 123,146.65 WIRE 31- Mar -2009 FEB WATERNVASTEWATER 1,580,993.44 327417 11- Mar -2009 MATERIALS 15.00 327558 18- Mar -2009 TRAVEUMILEAGE 49.00 327418 11- Mar -2009 MATERIALS 15.00 327419 11- Mar -2009 MATERIALS 15.00 327705 25- Mar -2009 SERVICES 2,782.51 327420 11- Mar -2009 TUITION REIMBURSEMENT 511.81 327837 01- Apr -2009 CHARITY REBATE 3,252.98 327706 25- Mar -2009 SERVICES 360.66 327559 18- Mar -2009 MATERIALS 22.23 327707 25- Mar -2009 MATERIALS 2,817.38 327708 25- Mar -2009 STORES /INVENTORY 4,531.82 327421 11- Mar -2009 STORES /INVENTORY 478.24 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SAFETY TODAY SALCI,TED SALCI,TED SALVATION ARMY SCOTT CONSTRUCTION SCOTT,JOANNE SEIC K, WI LLIAM SERVICEMASTER CLEAN OF NIAGARA SHABRI PROPERTY MGMT. SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS SIMPLEX GRINNELL SIX CARD SOLUTIONS USA CORP 89257 SLOAN,GARY SMALL BUSINESS CLUB NIAGARA INC SMITH, ED SMITH, HEATH ER SNYDER,BILL SOCAN SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION SOUTH CENTRAL SANDBLASTING PAINTING INC ST CATHARINES AND AREA ARTS COUNCIL ST JOHN AMBULANCE STADAR WHOLESALE DISTRIBUTIONS STANTEC CONSULTING STITCH IT STOKES INTERNATIONAL STORAGE NIAGARA STRANGES,LOU STRATEGY CORP STRATEGY CORP STRATEGY CORP STREAMLINE STUART, DAVE SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC TAB TALARIS CANADA INC TALK WIRELESS INC TEDFORD,DOUGLAS E. TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TENAQUIP LIMITED TESKEY,BERNADETTE THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW TIM HORTONS STORE #30 TIME FX INTL TORONTO STAMP INC TOTH,STEVE TOTH,STEVE TRANSOFT SOLUTIONS INC TRANSPORTATION HEALTH SAFETY ASSOCATION OF ONTARII TWARDAWSKY,NICK TYNDALL,MARION UAP INC #963 UNITED WAY URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC Cheque No. Cheque Date Purpose 327839 01- Apr -2009 STORES /INVENTORY 327596 23- Mar -2009 TRAVEL /MILEAGE 327709 25- Mar -2009 TRAVEL /MILEAGE 327840 01- Apr -2009 CHARITY REBATE 327560 18- Mar -2009 MATERIALS 327422 11- Mar -2009 MATERIALS 327423 11- Mar -2009 MATERIALS 327710 25- Mar -2009 CONTRACT SERVICES 327561 18- Mar -2009 REFUND 327424 11- Mar -2009 CONTRACT SERVICES 327841 01- Apr -2009 CONTRACT SERVICES 327562 18- Mar -2009 MATERIALS 327563 18- Mar -2009 MATERIALS 327711 25- Mar -2009 CONTRACT SERVICES 327712 25- Mar -2009 REFUND DAMAGE DEPOSIT 327842 01- Apr -2009 ADVERTISING 327425 11- Mar -2009 MATERIALS 327426 11- Mar -2009 MATERIALS 327427 11- Mar -2009 MATERIALS 327564 18- Mar -2009 LICENSE 327713 25- Mar -2009 SCOWWA CONFERENCE 327844 01- Apr -2009 MATERIALS 327714 25- Mar -2009 MEMBERSHIP 327715 25- Mar -2009 GRANT 327845 01- Apr -2009 MATERIALS US DRAFT 31- Mar -2009 CONSULTING PEOPLE MOVER 327846 01- Apr -2009 MATERIALS 327716 25- Mar -2009 MATERIALS 327717 25- Mar -2009 LEASES AND RENTS 327428 11- Mar -2009 TRAVEUMILEAGE 327566 18- Mar -2009 CONTRACT SERVICES 327718 25- Mar -2009 CONTRACT SERVICES 327847 01- Apr -2009 CONTRACT SERVICES 327848 01- Apr -2009 MATERIALS 327719 25- Mar -2009 PETTY CASH 327720 25- Mar -2009 ADMINISTRATIVE 327567 18- Mar -2009 FUEL 327568 18- Mar -2009 FUEL 327849 01- Apr -2009 FUEL 327429 11- Mar -2009 MATERIALS 327851 01- Apr -2009 FUEL 327569 18- Mar -2009 MATERIALS 327852 01- Apr -2009 MATERIALS 327721 25- Mar -2009 CONTRACT SERVICES 327853 01- Apr -2009 REFUND PARKING OVERPAYMENT 327571 18- Mar -2009 SERVICES 327572 18- Mar -2009 MATERIALS 327573 18- Mar -2009 SERVICES 327430 11- Mar -2009 SERVICES 327574 18- Mar -2009 SERVICES 327431 11- Mar -2009 STORES /INVENTORY 327432 11- Mar -2009 MATERIALS 327433 11- Mar -2009 MATERIALS 327854 01- Apr -2009 MATERIALS 327434 11- Mar -2009 MATERIALS 327575 18- Mar -2009 MATERIALS 327722 25- Mar -2009 MATERIALS 327855 01- Apr -2009 MATERIALS 327576 18- Mar -2009 ADVERTISING 327577 18 Mar 2009 SUBSCRIPTION 327723 25- Mar -2009 MATERIALS 327857 01- Apr -2009 MATERIALS 327578 18- Mar -2009 MATERIALS 327435 11- Mar -2009 TRAVEUMILEAGE 327724 25- Mar -2009 REFUND 327858 01- Apr -2009 LICENSE RENEWAL 327725 25- Mar -2009 MATERIALS 327436 11- Mar -2009 TRAVEL/MILEAGE 327437 11- Mar -2009 MATERIALS 327579 18- Mar -2009 STORES /INVENTORY 327726 25- Mar -2009 PAYROLL REMITTANCE 327580 18- Mar -2009 CONTRACT SERVICES NF LIONS P 327727 25- Mar -2009 CONTRACT SERVICES PEOPLE M( 327859 01- Apr -2009 CONTRACT SERVICES -4 PAD ARP Page 7 of 8 Amount 1,276.45 1,155.00 877.00 2,948.98 31,293.11 15.00 15.00 1,338.75 50.00 72.61 71.66 1,519.85 138.50 100.00 750.00 52.50 15.00 15.00 15.00 114.98 270.00 103.73 35.00 2,708.33 1,626.69 20,509.00 40.56 2,272.68 96.05 39.00 11,812.50 7,875.00 7,875.00 1,994.45 470.36 255,437.42 723.64 37,523.18 23,925.83 416.69 1,065.24 317.37 203.40 325.72 51.50 2,286.25 736.13 9,030.29 1,350.12 5,812.66 799.36 15.00 684.63 1,201.10 339.00 67.80 110.74 162.16 5,253 06 223.05 28.78 488.16 104.43 43.50 677.97 1,407.00 1,675.80 106,00 15.00 311.38 1,165.00 9,385.91 8,261.96 21,391.18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name V GIBBONS CONTRACTING LTD VALLEY BLADES LIMITED VANCOR SUPPLY VARLEY,BRIAN VECTOR TOOLING VERROCHE,KEVIN VICTORIA CENTRE BIA WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,MARIA WASHINGTON,WES WASTE MANAGEMENT WATSON ASSOCIATES ECONOMISTS LTD WATT,SUSAN WEIGHT WATCHERS WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNEIRUDDY WESTBURNE /RUDDY WHEELER,SUE WHITELEY,TREVOR HOWARD WILSON BANWELL HUMAN SOLUTIONS WILSON BANWELL HUMAN SOLUTIONS WIMBUSH,ROB WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WSIB WSIB WSIB WSIB WSIB WSIB COLLECTIONS BRANCH WYLIE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA OF NIAGARA YWCA ST CATHARINES ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEIDLER PARTNERSHIP Cheque No. Cheque Date Purpose 327439 11- Mar -2009 CONTRACT SERVICES 327860 01- Apr -2009 CONTRACT SERVICES 327581 18- Mar -2009 MATERIALS 327728 25- Mar -2009 REFUND 327861 01- Apr -2009 MATERIALS 327438 11- Mar -2009 MATERIALS 327862 01- Apr -2009 BIA LEVY 327441 11- Mar -2009 CONTRACT SERVICES 327583 18- Mar -2009 CONTRACT SERVICES 327440 11- Mar -2009 MATERIALS 327582 18- Mar -2009 MATERIALS 327729 25- Mar -2009 MATERIALS 327863 01- Apr -2009 CONTRACT SERVICES 327442 11- Mar -2009 MATERIALS 327443 11- Mar -2009 MATERIALS 327730 25- Mar -2009 CONTRACT SERVICES 327864 01- Apr -2009 CONTRACT SERVICES 327444 11- Mar -2009 MATERIALS 327445 11- Mar -2009 MATERIALS 327584 18- Mar -2009 REMITTANCE 327731 25- Mar -2009 PAYROLL REMITTANCE 327865 01- Apr -2009 PAYROLL REMITTANCE 327732 25- Mar -2009 STORES /INVENTORY 327866 01- Apr -2009 STORES /INVENTORY 327585 18- Mar -2009 STORES /INVENTORY 327733 25- Mar -2009 STORES /INVENTORY 327446 11- Mar -2009 TRAVEL/MILEAGE 327867 01- Apr -2009 REFUND DAMAGE DEPOSIT 327447 11- Mar -2009 EAP JAN /FEB 2009 327734 25- Mar -2009 EAP MARCH 2009 327586 18- Mar -2009 COMPUTER 327735 25- Mar -2009 CONTRACT SERVICES 327736 25- Mar -2009 GRANT 327587 18- Mar -2009 ADMINISTRATIVE 327737 25- Mar -2009 GRANT 327448 11- Mar -2009 ADMINISTRATIVE SCHEDULE 2 IN \i 327449 11- Mar -2009 REMITTANCE 327450 11- Mar -2009 REMITTANCE 327589 18- Mar -2009 ADMINISTRATIVE SCHEDULE 2 INS 327738 25- Mar -2009 ADMINISTRATIVE SCHEDULE 2 IN \i 327868 01- Apr -2009 ADMINISTRATIVE SCHEDULE 2 INVI 327590 18- Mar -2009 ADMINISTRATIVE WSIB CLAIM COL 327739 25- Mar -2009 PETTY CASH 327869 01- Apr -2009 MATERIALS 327591 18- Mar -2009 MATERIALS 327592 18- Mar -2009 SERVICES 327451 11- Mar -2009 MATERIALS 327593 18- Mar -2009 UTILITIES 327452 11- Mar -2009 POOL RENTAL 327740 25- Mar -2009 GRANT 327453 11- Mar -2009 MATERIALS 327594 18- Mar -2009 MATERIALS 327595 18- Mar -2009 CONTRACT SERVICES NCCC Page 8 of 8 Amount 137293.28 6,288.00 741.32 65.00 94.50 15.00 80, 000.00 130.00 266.20 11,054.05 2,453.60 1,761.39 9,322.50 15,00 15.00 56.53 3,421.69 5.00 249.00 100.00 100.00 100.00 396.49 488.16 786.48 214.14 38.00 750.00 595.06 297.53 300.00 65.00 31,666.67 135.00 2,083 33 14,149.38 608_27 88.10 6,140.55 30,735.10 18,037.16 1,092.95 503.31 2,314.07 995.40 92.34 3,610.99 5,187.05 4,095.00 5,286.50 1,360.15 610.22 28,335.57 Total 33,098,618.12 April 20, 2009 F- 2009 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Niagarafalls Re: F- 2009 -20 Quarterly Operating Results 1s Quarter ending March 31, 2009 RECOMMENDATION: That Council receives for information purposes. BACKGROUND: During the 2009 budget deliberations, Council requested that Finance staff provide quarterly updates on the financial results of the City. Attached is a summary of actual expenditures and revenues for the first quarter of 2009 ending March 31, 2009. The information has been provided for the General Purposes Budget. As the General Purposes budget is not finalized by Council at this time, staff has used the budget as at April 6, 2009 for this report. Council will recall that report F- 2009 -04 provided interim spending authority to staff to expand funds until such time that 2009 budgets are approved. Directors of all divisions have reviewed the financial reports as of March 31, 2009 and there are no extraordinary issues that have been identified for Council's consideration. n Directo of Financial Harris l Services Kea;:Burden,Executive Director of Corporate Services e2 PO1Bax 1023NiagaratfaIIs 12Ei6X5 905 7521 wwwmagarafall's ca Working Together to Serve Our Community Corporate Services Department Finance 19,879,444 44,775,868 24,896,424 3,045,184 6,627,091 3,581,907 56,121 34,000 22,121 3,658,116 10,068,947 6,410,831 839,771 3,291,500 2,451,729 0 3,900,001 3,900,001 83,199 430,000 346,801 130,220 1,685,243 1,555,023 19,357 123,203 103,846 3,520 25,000 21,480 1,221,586 6,094,648 4,873,062 75,466 267,625 192,159 175,690 684,130 508,440 648,809 2,376,000 1,727,191 395,264 1,995, 000 1,599,736 13,333 21,000 7,667 123,314 2,006,000 1,882,686 860,013 2,807,109 1,947,096 545,593 3,344,120 2,798,527 1,996,347 1,996,347 31,774,000 92,552,832 60,778,832 7,536,298 36,040,616 28,504,318 2,240,086 8,616,764 6,376,678 883,261 4,248,349 3,365,088 3,360,008 14,232, 892 10,872,884 526,283 11, 289,431 10, 763,148 137,222 496,586 359,364 2,555,033 6,423,476 3,868,443 0 5,913,809 5,913,809 46,954 2,324,394 2,277,440 501,910 2,966,515 2,464,605 17,787,055 92,552,832 74,765,777 13,986,945 0 (13,986,945) CITY OF NIAGARA FALLS 2009 GENERAL PURPOSES BUDGET SUMMARY OF REVENUE AND EXPENSE ACUTAL VS. BUDGET March 31, 2009 REVENUES TAXATION CITY GENERAL URBAN SERVICE TAXATION WASTE MANAGEMENT TAXATION OTHER CHARGES PAYMENT IN LIEU OF TAXATION GRANTS INVESTING IN ONTARIO GRANT LICENCES PERMITS RENTS SERVICE CHARGES USER FEES CONCESSIONS FINES PENALTIES AND INTEREST INVESTMENT INCOME DONATIONS SALES OTHER REVENUE INTERNAL TRANSFERS TRANSFERS FROM RESERVES, RESERVE FUNDS TOTAL REVENUES EXPENSES SALARIES AND WAGES EMPLOYEE BENEFITS LONG TERM DEBT PAYMENTS MATERIALS AND SERVICES CONTRACT SERVICES RENTS AND FINANCIAL TRANSFERS TO BOARDS, AGENCIES, COMMISSION TRANSFERS TO CAPITAL TRANSFERS TO RESERVES, RESERVE FUNDS INTERNAL TRANSFERS TOTAL EXPENSES REVENUES LESS EXPENSES 2009 2009 VARIANCE ACTUALS BUDGET as at Mar,31 /09 PROJECTED Outstanding Taxes February 28, 2009 60,277,338 Penalty charged in March 234,306 Taxes Collected during March 4,645,624 Outstanding Taxes March 31, 2009 55,866,020 Taxes Due April 30, 2009 38,223,307 Taxes Past Due 17,642,713 April 20, 2009 F- 2009 -21 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario N i gararaIIs Members: Re: F- 2009 -21 Tax Receivables Monthly Report RECOMMENDATION: For the information of Council. BACKGROUND: This report is being provided as part of the monthly financial reporting to Council by staff. The chart below summarizes the monthly activity during the month of March 2009. Deen`Street PO Box`i1023 Niagara FaIIstON'Canada.12E %XS "905-356-752i wwwniagarafalls ca Working Together to Serve Our Community Corporate Services Department Finance April 20, 2009 2 F- 2009 -21 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at March 31, 2009 As this chart identifies, the two largest property classes, commercial (52.9 and residential (41.0 are the largest contributors to the amounts owed as at March 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after three months of activity. This chart shows that 74% of the tax accounts have made payment arrangements. Taxes Owing of Property Class Receivables Residential $22,910,321 41.01% Multi- Residential 1,536,089 2.75% Commercial 29,536,913 52.87% Industrial 1,825,593 3.27% Farmlands 57,104 0.10% Total Receivables $55,866,020 100.00% April 20, 2009 2 F- 2009 -21 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at March 31, 2009 As this chart identifies, the two largest property classes, commercial (52.9 and residential (41.0 are the largest contributors to the amounts owed as at March 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after three months of activity. This chart shows that 74% of the tax accounts have made payment arrangements. Properties Subject to Registration Initial Amount 364 Paid in Full 23 6.3% Payment Arrangements 269 73.9% Ongoing Collection Action 72 19.8% Sent for Registration 0 0 364 100% April 20, 2009 2 F- 2009 -21 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at March 31, 2009 As this chart identifies, the two largest property classes, commercial (52.9 and residential (41.0 are the largest contributors to the amounts owed as at March 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after three months of activity. This chart shows that 74% of the tax accounts have made payment arrangements. Scheduled Sales Tax Date Number of Properties Taxes Outstanding Amount May 2009 0 $0 November 2009 24 $641,825 May 2010 21 $326,819 Totals 45 $968,644 April 20, 2009 3 F- 2009 -21 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. The chart below shows the number of registered properties by scheduled tax sales date. The chart also identifies the associated taxes owing on these properties as at March 31, 2009. Recommended by: Approved by: AF:Iw Todd Harris* Di '.l or of Finance Ken Burden, Executive Director of Corporate Services April 20, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2009 -17 Retention of Doug Embleton, Auctioneer for Sale of Surplus Lands by Auction Our File No.: 2006 -177 RECOMMENDATION: That the City retain the services of Doug Embleton, (Certified Canadian Auctioneer and Appraiser) of Niagara Bruce Peninsula Auctions to conduct the sale of surplus City lands at no cost to the City. BACKGROUND: The City has established a list of surplus lands and is preparing to dispose of them this summer. Legal Services is recommending that the City use an auctioneer in order to realize the greatest revenue from the sale of these lands. To that end, it is our recommendation that the City retain the services of Doug Embleton, a lifelong resident of Niagara Falls and owner of Niagara Bruce Peninsula Auctions, His enterprise appears to be the only real estate auction operation in the Niagara Region. Mr. Embleton has successfully auctioned properties for the City in the past. All of Mr. Embleton's fees will be borne by the successful bidder for each property. It is estimated that the City's costs for this project will be approximately $15,000.00 (for such things as appraisals and advertisements) which will be paid out of the proceeds of the sales. Recommended by: NiagaraaaaaaaaaaJ7alls C.\ N \DA Ken Beaman, City Solicitor L- 2009.17 2 Burden, Executive Director of Corporate Services ,4311 opuueen Street .OBox 1023 Niagara(Falls ON,Canada "1_2E 6)(5 905 3567521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services Approved by: K. Beaman /L. Banks REGISTRATION PLAN SUBDIVISION 59M -315 Garner Estates Phase 3 59M -274 Beaver Valley Extension 1 59M -307 Beaver Valley Extension 2 59M -279 St. Paul Court Subdivision April 20, 2009 MW- 2009 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj7alls Re: MW- 2009 -24 Assumption of Various Subdivisions RECOMMENDATION: That the City formally assume the Plans and Subdivisions listed in this report. BACKGROUND: The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions. Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. O'Queen Street ;P.O. Box 31 iaga FaIls 0N- Canada L2EI6X5 905 r www nia arafallsca'„ Working Together to Serve Our Community Community Services Department Municipal Works April 20, 2009 Recommended by: Approved by: Geoff Holm n, Direct R.Volpini S:\REPORTS120091MW- 2009 -24 Assumption of Various Subdivisons.wpd Ed Dujlovic, Execu e 'rector of Community Services MW-2009-24 April 20, 2009 MW- 2009 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -25 Tender NP -01 -2009 Supply of Asphalt Products RECOMMENDATION: Niagaraj3alls It is recommended that the supply of Asphalt Products be awarded to Walker Aggregates Inc. and Innovative Surface Solutions Canada. BACKGROUND: Unit price tenders for the supply of hot and cold mix asphalt materials were called by the Niagara Purchasing Committee in 2009. Walker Aggregates Inc. was the lowest bidder for the supply of Asphalt products as noted in the attached summary chart. The 2009 price is a 12.29 percent increase above 2008 prices. Innovative Surface Solutions Canada, of Ajax, Ontario was the low bidder for the supply and delivery of Emulsified Asphalt Patching Material, I.A.R. (Cold Patch). The 2009 price for the I.A.R. products is a 5.3 percent increase above the 2008 price. Recommended by: Approved by: TM /ts Attachment Geoff Holman, Qlrector,f Municipal Works o Ed Dujlovic, Exe ive ■'rector of Community Services .10 Quee'?Street PO Box1023 Niagaralfalis ON nada,0E16X5 9053567521 wwww.niagarafallsaa. Working Together to Serve Our Community Community Services Department Municipal Works April 20, 2009 MW- 2009 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -26 Tender NP -02 -2009 Supply of Ready Mix Concrete RECOMMENDATION: It is recommended that the supply of Ready -Mix Concrete products be awarded to Centennial Concrete (Niagara) Inc. BACKGROUND: Tenders for the unit price of ready -mix concrete per cubic metre was called by the Niagara Public Purchasing committee. Centennial Concrete (Niagara) Inc. was the low bidder for the supply of ready -mix concrete as noted in the attached summary chart. Prices on this tender represent approximately a 4.2 percent decrease from the 2008 cost. This amount will be drawn from account #11 -3- 313000 030000. Recommended by: Approved by: TM /ts Attachment Ni g raf'alls Ed Dujlovic, Executive Director of Community Services 43101Queent5 rreet#PO Box11023Niagara 'FaIIsON X905 356 7521 .ww`w:niagarafalls:ca r �?1 -T4W- '7W4 -.fin s E. A z3 _s�` i Working Together to Serve Our Community Community Services Department Municipal Works April 20, 2009 MW- 2009 -27 Ni His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -27 Tender NP -03 -2009 Supply of Granular Material RECOMMENDATION: It is recommended that the supply of granular material be awarded to Walker Aggregates Inc. of Niagara Falls, Ontario. BACKGROUND: Tender call NP -03 -2009 for the supply of granular material was issued by the Niagara Public Purchasing Committee. The attached summary chart is a list of the bidders and their prices. L.A.W. Crushed Stone of Wainfleet, Ontario was the overall low bidder, however, due to location of the quarry and the travel time required to pick up material at this quarry, Staff is not recommending awarding the tender to L.A.W. Crushed Stone. Staff has reviewed all of the tender prices and, considering pricing and travel time, we are recommending that this tender be awarded to Walker Aggregates Inc. of Niagara Falls, Ontario, for the unit prices as submitted which is a 2.5% overall price reduction from the 2008 tender pricing. Recommended by: Approved by: TM /ts Attachment Geoff Holman, Djretor of Municipal Works Ed Dujlovic, Executive Director of Community Services «;rrifn:" friN F ir .:r. 310 Queen'Street Box 1023tNiagara Falls S ON; Canada L2E 6X5� 'T905356 7521 wwwniagarafalls ca Working Together to Serve Our Community Community Services Department Municipal Works April 20, 2009 MW- 2009 -28 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar J1alls C 4 n A D 4 Re: MW- 2009 -28 Update Water Conservation Rain Barrel Sale RECOMMENDATION: That Council pre approve the expenditure for the rain barrels, as proposed in the 2009 Water Conservation program. BACKGROUND: Council approved report MW- 2009 -19 at the April 6, 2009 Council meeting authorizing staff to purchase approximately 334 rain barrels at a cost of $7,863.26. Due to the overwhelming response staff received on April 6, 2009, the reservation deadline date, 750 rain barrels will be required to meet the City's residential demand. Staff are pleased that the community has recognized the benefits of using rain water during the gardening season which will effectively assist in the City's water conservation efforts for 2009. The Park in the City Committee has endorsed the Rain Barrel Sale and will volunteer and assist in the promotion and distribution of rain barrels, with Municipal Works administering the program. The rain barrels will be pre sold to City residents only, with pickup on Saturday, April 25, 2009 from 8:30 a.m. to 2:30 p.m. The rain barrels will be purchased at $45.00 each plus shipping and taxes and sold for $25.00. The $20.00 subsidy will be funded from the Water Conservation Program account (15 -3- 433000 030000) included in the draft 2009 Utility Budget. The estimated total costs are as follows: 750 Rail barrels (two and a half truck loads) Less: proceeds from sales at $25.00 $33,750.00 ($18,750.001 o ox 1023 Niagara Falls ON)Canada y L'2E 6X5905 356 7521 wwwniagarafalls.ca• Total $15,000.00 plus Working Together to Serve Our Community ST Freight Community Services Department Municipal Works April 20, 2009 Recommended by: Respectfully submitted: Geoff Holman, D 2 Ed Dujlovic, Execu 'rector of Community Services This cost represents about 35% of the Water Conservation program budget of $40,000. Given the demand and the timing, staff is requesting approval to proceed in advance of the adoption of the 2009 Utility Budget. MW- 2009 -28 unicipal Works M. Tikky S:IREPORTS120091MW- 2009 -28 Update Water Conservation Rain Barrel Sale.wpd cr Residential Nia ells Rain Barrel Sale The City of Niagara Falls is having a rain barrel sale for City residents. (proof of residency required) Rain Barrels will be sold for $25.00 each (suggested retail $95.00) 200 litre capacity, dark green plastic child safe bug screen and hose clip overflow valve and tube interconnecting fits in compact car If you are interested in purchasing a rain barrel please call to reserve one with Marianne Tikky at 905- 356 -7521 ext. 4222 by April 6, 2009. April 20, 2009 MW- 2009 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls Re: MW- 2009 -13 Boulevard Restoration Program /Policy RECOMMENDATION: That City Council approve the changes to the policies respecting its Boulevard Restoration Program. BACKGROUND: Each Spring, Municipal Works staff has attempted to coordinate the timely restoration of those boulevards, driveways, curbs and sidewalks that have been inevitably damaged, settled or dislodged as a result of winter maintenance activities or emergency infrastructure repairs. In past years, these activities were performed on a complaint basis using staff resources that were often assigned to other Spring activities (i.e., hydrant flushing, street sweeping, leaf collection). As a result, our staff did not finish the restorations until late June prompting many complaints by residents who would have liked this work completed much earlier One of the key changes identified in the Environmental Services Service Delivery Review was the reallocation of manpower so that staff involved with restoration activities could be more proactive and coordinate the needed repairs without disrupting other activities. The restoration crews will now be dedicated to inspecting preparing and restoring boulevard areas in a more timely manner. Another change proposed for this year's program will be the issuance of a Lawn Watering credit voucher of $10.00 that will be provided to those homeowners who assist in the ongoing watering of newly restored sodding. These changes to our past practice are very inexpensive but we believe will represent a significant increase in our level of service. i4310:QueeruStreekPO tBoxi1023 (Niagara FalIs,0N xCanadajL2E 6X5 c )90 ,356-7521 wwwmagarafallsca> Working Together to Serve Our Community Community Services Department Municipal Works April 20, 2009 Recommended by: Approved by: 2 S: \REPORTS12009 \MW- 2009 -13 Boulevard Restoration ProgramPolicy,wpd MW-2009-13 Attached is a copy of the new standard operating procedure, a sample voucher and a copy of the advertisement informing property owners of recent changes to our Spring Clean Up Program. Geoff Holm Dire or of Municipal Works Ed Dujlovic, Executive Director of Community Services April 20, 2009 DISCONTIN LOOSgritakCOELECT The City of Niagaf Fal has discontinued the Loose Le`tf Collechoo��rogran and residents should u a th e'neeklq c irbsside collection p vided bygthe Region o tagara. Leaf and YardaWasste Ap i roved =Methods. Rigid' or plastic reusable d rntaincr (i c gazbage can)r'a+ Kratt Zereacciles Your men Plastic bags are f Monger acc¢p et d rncludiiig.[hosc k o r u that arc transparent green t orango and cleazin the Region's Leafand Yard Wa`;ire coll eetmii ogram. 3- Reviling Branch Collection Branch Collection conunmmes April 18 see your Regional Curbside Co]lection Calendar for future dates. Branch collection is provided in the spring and fall to residents hvingin single family homes and apartments with 5 units or less. Acceptable Sire and Weight Limits Branches must be tied into bundles Maximum weight of a bundle 22.7 kg (50 lbs.) Maximum sire of a bundle 1.0 in (3 ft.) in length, and 0.5 m (1.5 ft.) in diameter individual branches inside of a bundle must not exceed 7 can (3 in.) in diameter *Stumps are not acceptable as part of this collection. Street Sweeping The City's Street Sweeping during the firsi ydeiMitA.13 4-6 weeks Duetbt" het r as ki ,,we�dre asktn� roadways 'g' retrain fromplacing minimized sn tr p2 ommence (iontinue fo the patience. Please roadway and MW-2009-13 BoulevardiRsto The Lnvironmental Serviees division.wi]] commencing the boulevardTejtotation.,pro4ram shh ly,to re nstateythoseose'areas of th mumcipa'I beulevards adjacent property thA1 may have been ��i�ssue ra ions or eu e rg pairs disturhed'UU wiht eropera tons oremer repairs to underground infrastructure. 11 your property has been impacted, please contact the Service Centre 905- 356 -1355 to ensure our records are correct u 0 0 0 Q U 0 N 6 G U b N U 0 U J O 13 o -4 En U U W O 0 W p U crs U 0) N U U U 0 O •ti Ca Cr Cr U 0 U I E tm T W N b° 0 p iv m 75 v NOTICE Please be advised that the City of Niagara Falls Environmental Services staff has recently completed work on /or adjacent to your property and has laid sod as part of the final restoration. In order to ensure that this becomes a healthy lawn, we will require your cooperation by regularly watering the sod according to the instructions described on the opposite side of this card. To help offset your cost, please contact the Environmental Services Division within 30 days from the above noted date at 905 -356 -1393 and report the referenced I.D.# below in order to obtain a $10.00 credit on your next water bill. you far lie °City of NtagdratFalis snviron entai!Services Divlsfon our cooperation (BACK) When to Water New Sod Begin watering new sod within a half hour after it is laid on the soil. Apply at least 2 to 3 cm. (1 inch) of water so that the soil beneath the turf is very wet, the soil 7 to 10 cm (3 to 4 inches) below the surface should be moist. Watering Tip #1: Pull back a corner of the turf and push a screwdriver or other sharp tool into the soil. It should push in easily and have moisture along the first 7 to 10 cm. (3 or 4 inches), or you need to apply more water. Watering Tip #2: Make absolutely certain that water is getting to all areas of you new lawn, regardless of the type of sprinkling system you use. Corners and edges are easily missed by many sprinklers and are particularly vulnerable to drying out faster than the centre portion of your lawn. Also, areas near buildings dry-out faster because of reflected heat and may require more water. Watering Tip #3: Runoff may occur on some soils and sloped areas before the soil is adequately moist. To conserve water and ensure adequate soak -in, turn off the water when runoff begins, wait 30- minutes to an hour and restart the watering on the same area, repeating this start and stop process, until proper soil moisture is achieved. Watering Tip #4: As the turf starts to knit its new roots into the soil, it will be difficult, impossible and /or harmful to pull back a corner to check beneath the turf (Watering Tip #1), but you can still use a sharp tool to check moisture depth by pushing it through the turf and into the soil, Watering Tip #5: Water as early in the morning as possible to take advantage of the daily start of the grass's normal growing cycle, usually lower wind speeds and considerably less loss of water because of high temperature evaporation. Watering Tip #6: If the temperature approaches 37(C) or 100(F), or high winds are constant for more than half of the day, reduce the temperature of the turf surface by lightly sprinkling (syringe) the area. This sprinkling does not replace the need for longer, deeper watering, which will become even more critical to continue during adverse weather conditions. Municipal Service Centre 3200 Stanley Avenue Niagara Falls, ON L2E 6S4 Tel: 905 356 -1355 Fax: 905-356-6460 g) COMMUNITY SERVICES MUNICIPAL WORKS DATE EFFECTED April 6, 2009 DATE OF REVISION PROCEDURE Boulevard Restoration Program Report: MW- 2009 -13 Environmental Services i) The City will assume responsibility for the warranty and maintenance of any newly planted street trees. Section 315.37 a) The Environmental Services Section will be responsible for completing the timely restoration of all boulevard areas starting no later than April 15` of each calendar year, but subject to weather conditions. b) The Environmental Services Coordinator will prepare a list of those known areas that have been disturbed as a result of emergency repairs, winter maintenance activities etc. and coordinate the restoration with the Environmental Services Manager /OR through a work order process. A copy of the list will be provided to the Director of Municipal Works, or designate, and the status of each repair will be updated on a bi- weekly basis during the program. Restoration will be performed to a standard that matches the existing conditions (or better). Restoration includes regarding, topsoil, sodding (where possible), driveway reinstatement to match original material grade and dimensions, concrete sidewalk and /or curbing, asphalt boulevards and street trees. Where the restoration requires specialized equipment or expertise, staff will engage a qualified contractor to complete this work at the City's expense. The City will not be financially responsible for restoring boulevards that have been damaged by utility companies, private contractors or homeowners. Any required restoration under these conditions will be completed and billed back to the persons responsible. To assist in the successful restoration of the damaged boulevard the City will request the adjacent homeowner to monitor and maintain all restored sod. The City will offer a $10.00 voucher to the affected homeowner in consideration for any sod watering that may be required. The voucher can be redeemed by calling in the ID# referenced on the service card provided by staff within 30 days of completion of the work. h) If the sod does not survive due to the lack of watering and the voucher has been redeemed, a corresponding adjustment will be made to the respective water /sewer account. April 20, 2009 PRC- 2009 -18 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj3alls c 1 Re: PRC- 2009 -18 Arena Special Event Permits RECOMMENDATION: 1. That the use of an Arena Special Event Rental Permit replace the use of special events agreements. 2. That the authority to issue the special event rental permits be delegated to the Manager of Recreation Services, or designates. BACKGROUND: A number of special events are annually held at Niagara Falls Memorial Arena. Several of these events are recurring events that have taken place in the Memorial Arena for many years. In the past, event organizers signed a Rental Agreement that was prepared by Legal Services and that required the approval of Council for the signature of the Clerk and Mayor. With the implementation of the Class facility booking, staff also has the option to generate arena special events permits. The use of special events permits is also consistent with the special event permit process used by many other municipalities for events being held in their facilities or arenas. In contrast to the use of agreements it also provides a more timely approach to the issuance of arena special events permits, and would eliminate the need for an agreement to be prepared by Legal Services for all special events in the arenas. It is for these reasons staff recommends that the agreements be replaced with a standard arena special event permit. The general terms that had been included in the agreement are included in the "Arena Special Event Terms Conditions" (attached). The following arena special events are currently scheduled for 2009 at Memorial Arena. Lightning Gymnastics Provincial Competition Garden Circus Shrine Circus Ice Capades Festival Concerts Festival Cheerleading Working Together to Serve Our Community May 13 -17, 2009 June 27 -29, 2009 July 13, 2009 September 14 -15, 2009 Nov. 29 December 1, 2009 December 4 6, iseRnad;Unkl Niagara Falls ON CanadapF 3N3.' "905 356 7521= wwwniagarablls:ca Community Services Department Parks, Recreation Culture April 20, 2009 In order for the permits to be signed by the Manager of Recreation Services or his designates, the authority to do so will have to be delegated to him by Council. The legal authority to undertake this delegation is found at section 23.1 of the Municipal Act, 2001. Recommended by: Approved by: S:\CouncillCouncil 20091PRC- 2009 -1 S Arena Special Event Permits.wpd 2 PRC- 2009 -18 f Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services ATTACHMENT 1 Terms Conditions of Use Arena Special Events Permit The permit holder agrees that the City shall not be liable for any loss or damage sustained by the permit holder resulting directly or indirectly from the facility being closed for any reason at any time during the term of this permit, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the permit holder due to any cause whatsoever. The permit holder agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the permit holder there under or intended so to be and the permit holder shall at all times indemnity and save harmless the city, its officers, employees, and agents from and against all such Loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this rental permit. 3. The permit holder agrees to provide proof of a minimum of two million ($2,000,000.00) comprehensive general liability and property damage insurance two weeks prior to the event. Policy to include the City listed as additional insured and to contain "cross Liability" and tenants legal liability endorsement. Proof of insurance to be provided on the City's insurance form (enclosed). Alcohol is only permitted under a Special Occasion Permit and/or Catering Endorsement, in accordance with A.G.C.O. regulations and the Municipal Alcohol Risk Management Policy in an area designated for conditional use of alcohol. Five million ($5,000,000.00) liability insurance is required for events where alcohol is served. 5. In the event the pecuiit holder fails to comply with the terms of the contract or to fail to pay the rental fees on the dates specified the City can cancel the contract. The Permit holder shall forfeit all monies paid to the City. 6. If at any time during the term of the permit any damage to, or partial /total destruction of the facility, premises or any items therein or thereupon by reason o fvandalism or other malicious acts, the permit holder shall give to the City prompt notice thereof. All necessary repairs to restore the facility or contents to its original condition will be undertaken by the City at the cost and expense of the permit holder 7. The City has an Rzone policy to govern the behaviours of all persons using City facilities with respect to others in the facility. All permit holders must adhere to the Rzone Policy. 8. Permit holders are responsible for providing sufficient supervision acceptable to the City throughout their rental. The permit holder maybe required to provide Supervision persons and Security at their cost based on the type of event and number of spectators. 9. All permit holders must comply with Federal, Provincial laws and Municipal By -laws. The facilities named on the permit are to be used only on the date(s) and time(s) specified and only for the purpose(s) named. The permit is not valid unless signed by the appropriate organization contact or an authorized person on his /her behalf. 11. Permit holder is responsible for all equipment set up and take down. The permit holder agrees that should any articles, equipment or property be left in the facility before, during and after the event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. 12. Permit holder shall make no structural changes to the arena of any kind without the consent of the City and shall leave the arena in the same condition as received except normal wear and tear. The permit holder will be charged for any repairs which are required to restore the arena to the condition prior to the structural change. 13. Parks, Recreation Culture has the sole authorization to sell food or refreshments within the facility. The permit holder must request in writing permission to sell food and /or refreshments within the facility. 14. The permit holder must submit in writing permission to sell any retail items within the arena. The City has the right to limit and /or restrict retail activities during the permit. 15. The permit holder must ensure appropriate permits and licenses are submitted in advance to the City if conducting any draws, raffles or games of chance. 16. The permit holder shall only use advertising signs and similar materials used to promote the event beyond the facility that has been approved in advance by the City. If the permit holder uses advertising and/or distribution process which is not approved the rental permit may be terminated. 17. Any additional services that would require a connection to, alteration of or disruption of any of the mechanical, electrical or structural systems of the facility must receive the expressed written permission of the City. All work is to be arranged and completed using City contractor or City approved contractor at the sole cost and expense of the permit holder, including the cost of any required permits. 18. The permit holder, employees and agents shall take precautions necessary during the permit term to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O. as amended. 19. The permit is not transferable. Revised April 2, 2009 S: \Council \Council 2009\RC- 2009 -18 Attachment l.wpd -2- 20. The permit holder has read and agrees to be bound by the Permit and the Terms and Conditions contained herein and warrants and represents that he /she executes this permit on behalf of the stated organization and has sufficient power, authority and capacity to bind the organization with their signature. Terms and conditions subject to change. Bidder Bid Amount (including GST) Irwin Seating Company $311,776.75 SDR Seating Inc. $312,957.75 April 20, 2009 PRC- 2009 -21 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niagaraj1alls Re: PRC- 2009 -21 Supply and Installation of Arena Seats Gale Centre RECOMMENDATION: That Council accept the bid submitted by SDR Seating in the amount of $312,457.75 (GST included) for the supply and installation of seats in the Gale Centre. A tender (T04 -2009) was prepared and sent out by the City for the supply and installation of seats in the main arena of the new Gale Centre in January 2009. The closing date for submissions was February 19, 2009. The two following bids were accepted at this time and subsequently reviewed by the Architects and Staff. Both bids were within the amount allotted of approximately $375,000 for this tendered item within the Gale Centre project budget. One of the key elements of the seats in the new Centre is the fund raising campaign that is being offered through seat sales. A central element of this campaign is a desirable commemorative plaque and numbering system for the seats that have been purchased by donors. The "Great Seat Sale" campaign flyer (attachment 1) showed the plaque location on the front centre of the seat. The seat specified in the tender included the location of the plaque in this location. 7-1.501MentedseRbadfUhiM Niagara r talls ON Canada ".L2H 3N3 .905 356 7521 www niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture April 20, 2009 2 PRC- 2009 -21 It is the opinion of staff that the seats offered through SDR (attachment 2) have a more desirable plaque in terms of its slightly greater size, shape and location on the front centre of the seat. The Irwin seats (attachment 3) include the plaque on the back corner of the seat. After review of each of the tenders and seats offered by the Bidders, it is the recommendation of Staff that the SDR seat best suits the needs of the City in the new Gale Centre. For this reason Staff is recommending that the SDR seat be approved. Recommended by: Approved by: JAN Hsi DenysejMorrisse iire for of Parks, Recreation Culture Ed Dujlovic, e Director of Community Services SH Attachments S\CouncillCouncil 20091PRC- 2009 -21 Supply and Installation of Arena Seats Gale Centre.wpd The Gale Centre will provide office and storage space for the following community organizations: oups5 Junior B. Canucks Junior C. Riverhawks Niagara Falls Minor Hockey e Niagara Falls Girls Hockey Association e/ Niagara Falls Ringette Recreational Minor Hockey Stamford Skating Club 433 pink seats available for naming with a donation of $250. $50 of every seat will be donated to the GNGH for cancer related care. Niagaraf'trf,s For more information on the Gale Centre please contact Rob McDonald at 905- 356 -7521 Ext. 3340 or by e -mail at rmcdonald @niagarafalls.ca. You can also visit www.niagarafalls.ca for ongoing updates on the project. Attachment 1 The Great Seat Sale Your Name Could Be Here Personalize a seat in honour or in memory of a loved one, team or business tor Niaga Attachment 2 t M April 20, 2009 PRC- 2009 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: ri Niagarafalls Re: PRC- 2009 -22 Youth Education Rate: Fees for the Artificial Turf Sports Field at Kalar Park RECOMMENDATION: 1. That the fees for the artificial multi purpose sport field be revised to include a resident youth educational rate. 2. That the fees be approved for period May 1' 2009 to September 30, 2009. BACKGROUND: The City of Niagara Falls Strategic Plan for Parks, Recreation Culture (2006) identified the benefits of developing an artificial turf multi purpose sports field which includes raising the standards of service to the community groups, long term savings in field maintenance costs, and increase in sport participation. In the 2008 Approved Capital Budget of $900,000 for the conversion of one(1) of the senior soccer fields at the park, Field 6, to a new artificial turf sports field which could accommodate soccer, football, rugby, and other field sport opportunities. Report, R- 2008 -30 approved the fee schedule for the period of September 8, 2008, to April 31, 2009. As indicated in the report, the fee schedule would be reviewed to recommend fees starting May, 1, 2009. Multi- Purpose Artificial Sport field Scheduling, Community Access, and Fees Parks, Recreation Culture staff met on October 30, 2008, with the five local high schools to discuss playing field issues and opportunities. One item staff was asked to follow up on was to develop an education rental rate for the artificial field. One of the objectives of the a youth educational rate is to encourage resident local elementary and high schools to be more active in sport. This rate would be provided Monday to Friday, 8 a.m. 3 p.m from September 2 to June 30 annually, or the regular school year. Niagara Falls elementary and high schools wouldibe' eligible to use this educational rate. v�U +'r t 't r Eta 'l 2 3N 3 7156Mo 905 ntrose Ro ad nn3l PaIIsON Canada ZH13N 905 356 7521; www magarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture April 20, 2009 PRC- 2009 -22 Encouraging an active youth community, particularly through the elementary and high school sport and recreation programs can also play a key role in providing alternatives to inactivity in youth. It will also play an important role in combating what has become a national crisis of childhood and youth obesity rates in Canada. Saint Paul Catholic High School generally conveyed "It would be a great idea if the City could offer a reduced fee for high schools and elementary schools to use the turf field at the artificial field. This would allow several teams to have tournaments and play exhibition games as well. Some schools may even use this time to practice if it falls during the appropriate time." St. Michael's Catholic High School also expressed the benefit of an educational rate. "We appreciate the proximity to our school gives us a great opportunity to use the facility to provide our students with playing experience on an all weather turf field. We would like to encourage more use of this field and are interested in knowing if an education rate could be applied to our programs to help offset the cost to our students." The proposed fee schedule is based on the same rates with no hourly rate increase from the fees approved for the period September 8, 2008 to April 31, 2009. The two new recommended fees are the 2 hour lighting fee option, and the residential youth education rate. Recommended Hourly Rate Schedule Category Resident Minor /Youth Sport Organization Non Resident Minor /Youth Sport Organization Resident Adult Not -For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Organization Commercial, Private Clubs or For Profit Lighting (per four hour booking) Lighting (per two hour booking) Resident Youth Education Rate* (per 3 hours) 8 am to 3 pm, from September 2 to June 30 annually field availability permitting. The addition of a multi purpose artificial sports field was based also on the commitment to the principles of equitable, accessible and community scheduling of the field to other City or community related affiliated sport organizations. Fee excluding GST $60 $80 $90 $120 $150 $45 $30 $50 Recommended by: Approved by: Den lu Pk!M+ se Morriss Director of Parks, Recreation Culture Ed Dujlovic,' Director of Community Services S:1CouncillCouncil 20091PRC- 2009 -22- Youth Education Rate Fees for the Artificial Turf Sports Field at Kalar Park.wpd April 20, 2009 PD-2009-31 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls Re: PD- 2009 -31 CB &FIG 2009 -001, Commercial Building Facade Improvement Application Applicant: Franjo Anda Marjanovic 5844 Ferry Street (Ferry Cafe) RECOMMENDATION: That Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including the entering into an agreement with the City. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade improvement. BACKGROUND: The City has received a Commercial Building Facade Improvement Application for 5844 Ferry Street. A bar known as Ferry Cafe operates from the current building and the upper floor contains a residential apartment. The owner is seeking financial assistance for the proposed facade improvements. The improvements include replacing the front door and windows, parging and painting the exterior stone building and replacing the existing canopy sign. The improvements will enhance the appearance of the building. A location map of the property is shown in Appendix 1. Under the Historic Drummondville CIP Financial Incentive Programs, the Facade Improvement component provides for a maximum $10,000 matching grant for eligible facade improvements. The proponent has submitted cost estimates for the facade improvements of approximately $27,000. Therefore, the applicant would be eligible for a maximum grant of $10,000. If the grant application is approved, the applicant will be required to enter into an agreement with the City. The agreement will specify the details for the grant which will be provided once the work is completed and inspected by staff. The Building Division has advised that there may be for a building permit and encroachment agreement. By -law Serviceshas informed Planning staff that the applicant will be required 4310 Queen Street +P0dBox 7023 MNiagara Falis ONLCanada OE2Ef6X5 905356 7521 `wwwmagarafalls ca Working Together to Serve Our Community Community Services Department Planning Development April 20, 2009 to complete a Sign By -law application for the replacement of the canopy sign. The applicant has been advised to contact the Building Division and By -law Services regarding their requirements. The taxes are paid and up to date. The bar use on the main floor and residential use on the second floor complies with the City's Zoning By -law No. 79 -200. CONCLUSION: The proposed facade improvements will enhance the appearance of the current facade of the building and Planning staff supports the approval of the application subject to satisfying the requirements of other City Divisions and entering into an agreement. Recommended by: Approved by: B.Bolibruck Attach. Alex Herlovitcfi, S:1PDR12009 \PD- 2009 -31, CB &FIG- 2009 -001, Marjanovic, 5844 Ferry St.wpd 2 PD- 2009 -31 ctor of Planning Development Ed Dujlovic, -cutive Director of Community Services Niagarajalls Location 5844 Ferry Street PD- 2009 -31 APPENDIX 1 ismommins sur ne --.11 111111111 11111 p.- n I�111U !fli t`ii1�� ;1i11 IIrI:I l 441 I_r L■ III: iiimai B ilI LI' LEIN X1111111111111 Mara �IlirtIIIIit r 1�iai�i 1111 gal x,11__- �Illlllr«� ;r- ills 11= :'llllllllll► j _11_ 1111111111111 --11 1�►►. 1111 _x:111=- 111 1111 111111 1 �Illlllli ■111111 s s sit ii jj son March 2009 K: \GIS_Requests\ 2006 \Custam\ Internal\ Planning \CIP \Historic_Drummondville.map 5844 Ferry Street Historic Drummondville Community Improvement Project Area April 20, 2009 TS- 2009 -21 Ni.agaraj1alls His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2009 -21 Transit Advertising RFP Results RECOMMENDATION: 1. That the contract to place exterior and interior advertisements on Niagara Falls Transit buses be awarded to Sambrook Media Corporation for the period from May 1, 2009 through April 30, 2014 with an option to renew for an additional three years. 2. That the Mayor and the Clerk be authorized to execute the necessary agreements. BACKGROUND: Niagara Falls Transit has a fleet of 27 conventional buses (currently at 26 due to an unforseen retirement of one vehicle) able to accommodate placement of exterior and interior advertisements. This space is made available to a media sales organization, who sells the marketing opportunity to businesses wishing to utilize this visible medium. In return, Niagara Falls Transit receives compensation from the media sales firm based upon a guaranteed minimum payment per bus every month and additional revenues based upon an established compensation amount for the various media products sold including Full Back, Half Side, and Full Bus Wrap advertisements. The 'Request for Proposals' was distributed to seven media sales organizations, of which three responded with submissions. Evaluation criteria, including weighting, were included in the RFP to ensure the bidders were made aware which services and resources were of greatest value to the staff at Niagara Falls Transit. The evaluation criteria were: Company Overview, Experience in the Industry, Project Understanding and Proposed Scope of Services, Project Timing, Human and Equipment Resources, and Guaranteed Financial Revenue. A perfect score would represent twenty -five points and eight of the available points were based on the guaranteed financial revenue. The term of the Agreement will be from May 1, 2009 through April 30, 2014. Upon mutual consent, the parties may renew the Agreement for up to an additional three years in one or multiple year extensions. "4310 Queen Street, PO,Box11023NiagaraFalls ONpCanada',L2E6X5.905- 356 -7521 www.niagarafalls.ca. Working Together to Serve Our Community Community Services Department Transportation Services April 20, 2009 The totalled scores representing each of the three bidders were quite close. However, the weighting of the guaranteed revenue placed Sambrook Media Corporation into the top position with a rating of twenty point five (20.5) points. The other two bidders; Lamar Transit Advertising scored twenty (20) points, while Street Seen Media scored nineteen point five (19.5) points respectively. The financial guaranteed amounts in each of the five years of the Agreement (based on the increase in bus inventory from 27 buses in year one to 36 in year five, as outlined in the IBI Study) are as follows; Year Sambrook Lamar Street Seen One $48,600. $50,000.* $42,120. Two $54,750. $47,000. $46,800. Three $59,200. $49,000. $49,920. Four $63,750. $51,000. $53,040. Five $69,300. $53,000. $56,160. Total $295,600. $250,000. $248,040. Lamar was guaranteeing $45,000. plus a $5,000. signing bonus in year one. The amount budgeted for in the 2009 General Purposes Budget is $26,000.00 Therefore, based upon the weighting of the Evaluation Criteria outlined staff recommends the submission from Sambrook Media Corporation be accepted as the successful bidder to represent Niagara Falls Transit with respect to media sales on the exterior and interior of buses. Recommended by: Approved by: Page -2- TS- 2009 -21 Karl Dren, Dir or of Transportation Services Ed Dujlovic, xecutive Director of Community Services D Stuart S:\General Administration\GA 1 Al Reports12009 Counci1104 Apr 201TS- 2009 -21 Transit Advertising RFP Results.wpd (4/14/2009) Teresa Fabbro RE. April 20th Council meeting Page 1 From: To: CC: Date: Subject: "Rick Brady' <rbrady©uemconsulting.com> "Dean lorfida" <diorfida©niagarafalls.ca> "Teresa Fabbro" <tfabbro @niagarafalls.ca "Zoran Cocov" <cocov @rogers.c... 4/13/2009 10:10 AM RE: April 20th Council meeting Dean thanks for getting back to me. The crux of the matter is one policy (14.7.2 I)). I will be asking Council to remove this policy from the proposed Official Plan Amendment and state that my client will accept the restriction as described in our marketing study in the upcoming zoning by law amendment for the site. Everything else in the OPA my client is willing to live with. Will I speak at the time of delegations or wait until the matter is dealt with on the agenda? I will be very brief. Richard F. Brady, M.A., MCIP, RPP Urban Environmental Management Inc. 4701 St. Clair Avenue, Suite 301 Niagara Falls, Ontario Canada L2E 3S9 Telephone: Facsimilie: Toll free: e -mail: URL: Thanks Dean Original Message +1 (905) 371 -9764 ext. 240 +1 (905) 371 -9763 +1 (866) 840 -9764 rbrady@ uemconsulting.com http://www.uemconsulting.com This e -mail and any files transmitted with it are confidential and intended solely for use of the individual or entity to whom they are addressed. If you have received this email in error please immediately notify the sender and promptly delete the transmitted material from your computer and server. p Please think about the environment before printing this email. p Original Message From: Dean lorfida mailto:diorfida @niagarafalls.ca] Sent: April 13, 2009 9:46 AM To: Rick Brady Cc: Teresa Fabbro Subject: Re: April 20th Council meeting No problem, Rick. If the item is on the agenda, anyone can request to speak t It is my understanding that you have your proposed version (905- 356 -9083) or e -mail it to me. Finally, I understand that the crux of the dispute with staff is What is the concern regarding this? o it. of the OPA. Could you please fax the identification of square footage in the OP. (4/14/2009) Teresa Fabbro RE April 20th Council meeting Page 2 From: "Rick Brady" <rbrady©uemconsulting.com> Cc: Jane Pepino <jpepino @airdberlis.com> Cc: Bob Bolibruck <bbolibruck @niagarafalls.ca> To: Dean lorfida <diorfida @niagarafalls.ca> Cc: Teresa Fabbro <tfabbro @niagarafalls.ca> Sent: 4/9/2009 3:26:33 PM Subject: April 20th Council meeting Dean I would like to be a delegation to speak very briefly at Council on April 20th. It concerns a proposed OPA that is on the agenda as prepared by planning staff concerning the proposed outlet mall. I thought we were going to be able to resolve all issues but today I learned that one critical issue remains. I would like to speak to Council on this matter and ask for their consideration when they deal with the proposed OPA. I know I am a bit late in my request but I am in a difficult position given the final response of planning staff which occurred today. Richard F. Brady, M.A., MCIP, RPP Urban Environmental Management Inc. 4701 St. Clair Avenue, Suite 301 Niagara Falls, Ontario Canada L2E 3S9 Telephone: +1 (905) 371 -9764 ext. 240 Facsimilie: +1 (905) 371 -9763 Toll free: +1 (866) 840 -9764 e -mail: rbrady @uemconsulting.com URL: http: /www.uemconsulting.com This e -mail and any files transmitted with it are confidential and intended solely for use of the individual or entity to whom they are addressed. If you have received this email in error please immediately notify the sender and promptly delete the transmitted material from your computer and server. (4/14/2009) Teresa Fabbro Fwd: OPA for Outlet Page 1 From: To: CC: Date: Subject: Attachments: Alex Herlovitch Dean Iorfida; Ed Dujlovic Bill Matson; Bob Bolibruck 4/9/2009 4:12 PM Fwd: OPA for Outlet Mall BODY.pdf Ed Dean Staff have prepared a number of versions of the OPA following the Council meeting of March 23 for the Outlet Mall on Buttrey Street (which is a City initiated amendment for a much larger area Zoran did not submit his own application). At the request of Rick Brady on behalf of Zoran, Staff made about a dozen changes to the draft which went to Rick Brady. Rick Brady requested 4 further changes to which we acquiesced on 3 (see e -mail from Bob below). The only outstanding issue is that we have included a sq footage of 200,000 sq ft retail in the first phase increasing to 300,000 sq ft in the second phase. Rick does not want any floor areas specified in the OP saying these should only be in the zoning by -law amendment to be brought forward in May. The City has used the format of specifying sq footage in the OP for all commercial developments and most recently as the Smartcentre proposal on Oakwood at McLeod. It is unfortunate that Rick Brady feels he needs to bring his own OPA to circulate at Council. He should just make a deputation (uncommon when we are just adopting documents) and ask Council to change the OPA on the spot and let Staff respond, Alternatively, Zoran would have the opportunity to appeal to the OMB; foolish since Staff has given him exactly what he asked Council for and received permission for. The OPA is scheduled for April 20 Council. Alex Bob Bolibruck 4/9/2009 2:53 PM Alex, John Francesca Just a note to let everyone know, Brady has advised me that they will be bringing their own OPA to Council on the outlet mall on April 20th. Bob Bob Bolibruck 4/8/2009 4:04 PM Rick Further to our discussions this afternoon, there were four outstanding items related to the proposed OPA for the Outlet Mall. We are able to make revisions to satisfy all your concerns except for the one that limits the gross Floor area to 27,870 square metres within two phases. This policy also references that the first phase will be limited to 18,580 square metres and an additional 9,290 square metres of retail space may be permitted after 2013. It was your request that the floor areas be placed in the zoning by -law amendment. We would like to retain the floor areas for the two phases in the OPA as this is what you stated was the intention before Council and the public on March 23rd. The final revised draft of the OPA is attached. Thanks Bob PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 88 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: I. MAP CHANGE i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 88 shall be identified as Industrial Special Policy Area "7" on Schedule A of the Official Plan. 2. TEXT CHANGE Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 88 shall be identified as Residential on Schedule A of the Official Plan. PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "7" is hereby deleted in its entirety and replaced with the following text: 14.7 SPECIAL POLICY AREA "7" Special Policy Area "7" shall apply to the lands south of Ferguson Street to the CN Rail corridor between Victoria Avenue and the westerly portion of the boundary of properties fronting on River Road, with the exception of the Regional High Rate Pre Treatment Facility. This Special Policy Area is recognized as a regeneration area and is envisioned as an employment area which will redevelop with a mix of light industrial, service commercial, office uses and recreational facilities. Further to the employment uses, a retail outlet mall shall be permitted on the lands. Given that the lands are within a Major Transit Station Area, this area is to be the focus of intensification with increased employment densities that support and ensure the viability of existing and planned transit service levels. In addition to the Industrial policies of Part 2, Section 9 of this Plan, development of the lands are subject to the following policies. 14.7.1 These lands are intended to develop for a broad range of employment activities including light industrial; warehousing; office; laboratory and research facilities; automotive uses; service commercial uses; technology industries; recreational and fitness facilities. i) Industrial uses shall primarily occur inside buildings and have minimal outdoor storage. Any outdoor storage must be screened. -2- The implementing zoning by -law shall list the permitted uses as well as the development regulations which will apply. 14.7.2 In addition to Policy 14.7.1, a commercial outlet mall primarily serving the tourist market may be permitted on the approximately 21 ha site south of Buttrey Street. The mall shall serve as a catalyst to spur further development within the area. Each store within the outlet mall will market a limited number of brands or range of products. The outlet mall shall be regulated through a site specific zoning by- law amendment that will: limit the total retail gross floor area to 27,870 square metres within two phases. The first phase shall be limited to 18,580 square metres. An additional 9,290 square metres of retail space may be permitted after 2013; limit the gross floor area for the individual retail units and retail signature stores through the implementing zoning by- law; i) excludes department store, supermarket, home improvement centre and big box retail uses; and apply the appropriate siting provisions for the development including, but not limited to, parking, setback, building massing and lot coverage. 14.7.3 The developer of the lands referenced under Policy 14.7.2 shall be responsible for all improvements to road system, including, but not limited to, design and traffic control measures required as a result of the development which occurs south of Buttrey Street. 14.7.4 Through the implementing zoning a limited range of industrial uses and no outside storage will be permitted on properties within 50 metres of Ferguson Street in this Special Policy Area in order to promote compatibility with the residential neighbourhood to the north. 14.7.5 This Plan provides for the continuation and expansion of the existing general industrial businesses within the Special Policy Area. In the long term, it is the intent of this Plan to provide for a transition of the area to light industrial, service commercial and tourist commercial uses. 14.7.6 In addition to the employment uses permitted in the areas, Tourist Commercial uses may also be developed on land to a depth of 120 metres from Victoria Avenue between Ferguson and Buttrey Streets. -3- Development of this land for Tourist Commercial uses may be permitted subject to an amendment to the zoning By -law and the provision of the necessary infrastructure and transportation facilities to accommodate the development. 14.7.7 In order to ensure a comprehensive approach to servicing, street systems and stormwater management for the 21 ha property south of Buttrey Street development may occur by way of plan of subdivision, condominium, site plan control or other planning process. 14.7.8 The City of Niagara Falls, in consultation with neighbourhood residents and businesses, may prepare a plan to provide streetscape improvements along and in the Buttrey Street area and upgrade needed infrastructure. The City may also provide grants and loans to promote environmental remediation, building and site improvement, as well as acquire and prepare property for redevelopment as permitted in the Community Improvement policies of this Plan and in the City of Niagara Falls Brownfields Community Improvement Plan. 14.7.9 The development of the Buttrey Street area should provide for a high quality of streetscape design, site planning and building design. The intersection of Victoria Avenue and Buttrey Street should be improved to serve as a gateway to the district. Public and Private street design should provide for pedestrian comfort and accommodate the needs of cyclists and transit users while maintaining a connection between the Glenview residential area and the City's downtown. 14.7.10 The design and development of individual sites should have regard to the following principles: a) Buildings, with the exception of the outlet mall, are encouraged to be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged throughout this neighbourhood with particular emphasis on buildings fronting onto Victoria Avenue. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading and service areas should generally be located in the rear or interior side yard to minimize views from public streets. S: \OFFICIAL.PLN AMEND #88 Buttrey Street Area \BODY 8S.wpd -4- e) Loading areas should be provided so that all required truck movements are on -site. f) Outdoor amenity areas are encouraged to be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. April 15, 2009 1 Dan Betty Trabucco P 0 Box 172 St, Davids, ON LOS 1P0 City of Niagara Falls 4310 Queen St., Niagara Falls, ON L2E 6X5 Attention City Council and Mr Dean Iodide, City Clerk, Via e-mail diorfida a@niagarafalls.ca, Dear Council members and Mr lorfida. Re: Proposed Official Plan and Zoning By -Law Amendment Buttrey Street Area of the Elgin Industrial District We are the owners of a 4 unit apartment building at 4514 Ferguson Street, on the corner of Broughton Ave, in Niagara Falls Further to your letter received Tues April 14, 2009, we are opposed to having the zoning of our property changed from Tight industrial to residential Should you have any questions please do not hesitate to contact us 905- 262 -5165 Dan Betty Trabucco cc: tfabbro@u.niagarafalls.ca c: \Documents and Settings\Betty\My Documents \citynf41509 z::\rental properties\4514 ferguson \citynf41509 wpd A by -law to provide for the adoption of Amendment No. 88 to the City ofNiagara Falls Official Plan as approved by the Ontario Municipal Board. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 88 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 CITY OF NIAGARA FALLS By -law No. 2009 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 88 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 88 shall be identified as Industrial Special Policy Area "7" on Schedule A of the Official Plan. 2. TEXT CHANGE Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 88 shall be identified as Residential on Schedule A of the Official Plan. PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "7" is hereby deleted in its entirety and replaced with the following text: 14.7 SPECIAL POLICY AREA "7" Special Policy Area "7" shall apply to the lands south of Ferguson Street to the CN Rail corridor between Victoria Avenue and the westerly portion of the boundary of properties fronting on River Road, with the exception of the Regional High Rate Pre Treatment Facility. This Special Policy Area is recognized as a regeneration area and is envisioned as an employment area which will redevelop with a mix of light industrial, service commercial, office uses and recreational facilities. Further to the employment uses, a retail outlet mall shall be permitted on the lands. Given that the lands are within a Major Transit Station Area, this area is to be the focus of intensification with increased employment densities that support and ensure the viability of existing and planned transit service levels. In addition to the Industrial policies of Part 2, Section 9 of this Plan, development of the lands are subject to the following policies. 14.7.1 These lands are intended to develop for a broad range of employment activities including light industrial; warehousing; office; laboratory and research facilities; automotive uses; service commercial uses; technology industries; recreational and fitness facilities. i) Industrial uses shall primarily occur inside buildings and have minimal outdoor storage. Any outdoor storage must be screened. -2- The implementing zoning by -law shall list the permitted uses as well as the development regulations which will apply. 14. 7.2 In addition to Policy 14.7.1, a commercial outlet mall primarily serving the tourist market may be permitted on the approximately 21 ha site south of Buttrey Street. The mall shall serve as a catalyst to spur further development within the area. Each store within the outlet mall will market a limited number of brands or range of products. The outlet mall shall be regulated through a site specific zoning by- law amendment that will: i) limit the total retail gross floor area to 27,870 square metres within two phases. The first phase shall be limited to 18,580 square metres. An additional 9,290 square metres of retail space may be permitted after 2013; ii) limit the gross floor area for the individual retail units and retail signature stores through the implementing zoning by- law; iii) excludes department store, supermarket, home improvement centre and big box retail uses; and iv) apply the appropriate siting provisions for the development including, but not limited to, parking, setback, building massing and lot coverage. 14.7.3 The developer of the lands referenced under Policy 14.7.2 shall be responsible for all improvements to road system, including, but not limited to, design and traffic control measures required as a result of the development which occurs south of Buttrey Street. 14.7.4 Through the implementing zoning a limited range of industrial uses and no outside storage will be permitted on properties within 50 metres of Ferguson Street in this Special Policy Area in order to promote compatibility with the residential neighbourhood to the north. 14.7.5 This Plan provides for the continuation and expansion of the existing general industrial businesses within the Special Policy Area. In the long term, it is the intent of this Plan to provide for a transition of the area to light industrial, service commercial and tourist commercial uses. 14.7.6 In addition to the employment uses permitted in the areas, Tourist Commercial uses may also be developed on land to a depth of 120 metres from Victoria Avenue between Ferguson and Buttrey Streets. -3- Development of this land for Tourist Commercial uses may be permitted subject to an amendment to the zoning By -law and the provision of the necessary infrastructure and transportation facilities to accommodate the development. 14.7.7 In order to ensure a comprehensive approach to servicing, street systems and stormwater management for the 21 ha property south of Buttrey Street development may occur by way of plan of subdivision, condominium, site plan control or other planning process. 14.7.8 The City of Niagara Falls, in consultation with neighbourhood residents and businesses, may prepare a plan to provide streetscape improvements along and in the Buttrey Street area and upgrade needed infrastructure, The City may also provide grants and loans to promote environmental remediation, building and site improvement, as well as acquire and prepare property for redevelopment as permitted in the Community Improvement policies of this Plan and in the City of Niagara Falls Brownfields Community Improvement Plan. 14.7.9 The development of the Buttrey Street area should provide for a high quality of streetscape design, site planning and building design. The intersection of Victoria Avenue and Buttrey Street should be improved to serve as a gateway to the district. Public and Private street design should provide for pedestrian comfort and accommodate the needs of cyclists and transit users while maintaining a connection between the Glenview residential area and the City's downtown. 14.7.10 The design and development of individual sites should have regard to the following principles: a) Buildings, with the exception of the outlet mall, are encouraged to be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged throughout this neighbourhood with particular emphasis on buildings fronting onto Victoria Avenue. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading and service areas should generally be located in the rear or interior side yard to minimize views from public streets. S: \Orr1CIAL.PLMAMEND \888 Buttrey Street Area \BODY_88.wpd -4- e) Loading areas should be provided so that all required truck movements are on -site. f) Outdoor amenity areas are encouraged to be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. MAP 1 TO AMENDMENT NO. 88 SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial to Industrial Special Policy Area "7" Area 2 Proposed Change From Industrial to Residential i t aoNO7 000 O////// 00 0/ O/ 00 /O %i�iiiiiiia;:: CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL I I RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 88 to the Official Plan for the City of Niagara Palls x:Mme_aweswosa ordegA ub_ts mappinsm,e and it moat be reed in wnjwction with the written text. N 1:NTS AM- 2008 -013 April 2009 A by -law to provide for the adoption of Amendment No. 89 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached textconstituting Amendment No. 89 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 CITY OF NIAGARA FALLS By-law No. 2009 PART 2 BODY 01? THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 89 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: I MAP CHANGE i) Area 1 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 89 shall be identified as Industrial Special Policy Area "62" on Schedule A of the Official Plan. Area 2 as shown on the map attached entitled Map 1 to Official Plan Amendment No. 89 shall be redesignated from Industrial to Residential on Schedule A of the Official Plan. iii) Area 3 as shown on the map attached entitled Map I to Official Plan Amendment No. 89 shall be redesignated from Industrial and Residential to Tourist Commercial on Schedule A of the Official Plan. iv) Area 4 as shown on the map attached entitled Map I to Official Plan Amendment No. 89 shall be redesignated from Industrial to Open Space on Schedule A of the Official Plan. v) Area 1 as shown on the map attached entitled Map 2 to Official Plan Amendment No. 89 shall be identified as part of the Whirlpool Satellite District on Schedule E Tourism Districts of the Official Plan. TEXT CHANGE (i) PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.62 SPECIAL POLICY AREA "62" Special Policy Area "62" applies to approximately 51.8 ha of land located between Stanley Avenue and the CNR corridor north of the former NS T rail corridor. While the Industrial designation continues to apply to this area, the Special Policy Area designation will permit the development of land subject to the following policies. 14.62.1 These lands are intended to develop for a broad range of employment activities including light industrial (activity primarily occurring within buildings and minimal outdoor storage); warehousing; office; laboratory and research facilities; automotive uses; service commercial uses such as 2 restaurants, printing shops, fitness and recreation, convenience stores; and, institutional uses such as community centres, arenas, and churches. The zoning by -law applicable to this area will list the permitted uses as well as the development regulations which will apply. 14.62.2 Development of the Cytec land will occur by way of a plan of subdivision to establish a new street system and development parcels. Plan of subdivision approval will require preparation of a functional servicing study to determine the necessary sanitary sewer, water system and stormwater management strategy for this area. 14.62.3 Prior to approval of a draft plan of subdivision for the Cytec land, the City of Niagara Falls and the Region of Niagara shall establish the alignment for the extension of Thorold Stone Road onto and through the Cytec land. 14.62.4 The development of the Cytec land should provide for a high quality of streetscape design and site planning and building design. The intersection of Thorold Stone Road and Stanley Avenue should be designed to serve as a gateway to this area and the City's arena/recreation complex. Street design should provide for pedestrian comfort and accommodate the needs of both cyclists and transit users. 14.62.5 The design and development of individual sites within the Special Policy Area should have regard to the following principles: a) Buildings should generally be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged with particular emphasis on buildings fronting onto the extension of Thorold Stone Road. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading, service and parking areas should generally be located in the rear or interior side yard to minimize views from public streets. Landscaping and screening from public views will be required to achieve this objective. e) Loading areas should be provided so that all required truck movements are on -site. g) S:AOFFICIAL.PLMAMENDV#89 Cytec Area \BODY_89.wpd 3 Outdoor amenity areas should be provided for employees. Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. MAP 1 TO AMENDMENT NO. 89 SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial and Open Space to Industrial Special Policy Area "62" Area 2 Proposed Change From Industrial to Residential Area 3 Proposed Change From Industrial and Residential to Tourist Commercial Area 4 Proposed Change From Industrial to Open Space CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN E" `7J OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL I RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forme part of Amendment No. 89 to the Official Plan for the City of Niagara Palle cane aaxi»610381t<ht6il"v AM :sm�,om a and it must be read in conjunction with the written text N 1:NTS AM- 2008 -013 April 2009 MAP 2 TO AMENDMENT NO. 89 SCHEDULE E TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area to be Included as Part of the Whirlpool Satellite District CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE E TOURISM DISTRICTS A OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL I I RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forws part of Amendment No. 89 to the Official Plan for the City of Niagara Falls Knots _a.eownnnotly b,ad v ynenwM-u i..n and it must he read in conjunction with the written text. S 1:NTS AM -2008 -013 Agri 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to permit the Lands to be used as a parking lot in conjunction with a clinic on abutting lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a GC 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 C3 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from GI to GC. Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 SCHEDULE 1 TO BY -LAW No. 2009 Subject Land GALLINGER ST 60.7 m Description: Pt Lt 77 Stamford Pt Carroll Avenue PI 56 Pts 13, 14 15 59R6437; S/T R0578879 Over Pt 14 On 59R6437; Niagara Falls Applicant: City of Niagara Falls Assessment 272504000409710 K:\GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 36\mapping.map Amending Zoning By -law No. 79 -200 1:NTS AM- 2008 -036 April 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 395,1966, to permit a single family dwelling on the Lands to be used as a tourist home. 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. 395, 1966, 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. 395, 1966, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 395, 1966 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 Rural zone. (b) Tourist home. 5. The regulations governing the permitted uses shall be: (a) Maximum number of bedrooms 4 to be rented to travellers (b) Minimum parking 1 space per bedroom (c) The regulations specified for a Rural use. 6. For the purpose of this by -law "tourist home" means a single family dwelling in which bedrooms and breakfast are made available by the residents at the said dwelling for the temporary accommodation of travellers. 7. All other applicable regulations set out in By -law No. 395, 1966 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. -2- 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this By -law shall be shown on Schedule "A" of By -law No. 395, 1966 by labelling the Lands as being subject to By -law No 2009- Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 SCHEDULE 1 TO BY -LAW No. 2009 Subject Land Ira Amending Zoning By -law No. 395, 1966 Description: Pt Lt 17 Con 2 Willoughby As In 6673141; Niagara Falls Applicant: Gary Landry Assessment 272513000215600 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 03 \mapping.map 1:NTS AM- 2009 -003 April 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. WHEREAS pursuant to Section 39 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize the temporary use of land for any purpose set out therein that is otherwise prohibited by the by -law; AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable to enact such a by -law. 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 use of the Lands shall be a retail store. 5. The regulations governing the permitted uses shall be: (a) Maximum floor area 140 square metres (b) The balance of the regulations specified by By -law No. 79 -200, as amended by By- law No. 2007 -60. 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 B4 of Schedule "A" of By -law No, 79 -200 by numbering the Lands 859. Passed this twentieth day of April, 2009. First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 S:1Z.ON I NG\ AM S120091B Y- LAWS \B yam001. w -2- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.859 Refer to By -law No. 2009- 11, This by -law expires at midnight on April 19, 2012 and is of no legal force and effect as of that time. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2009 Subject Land Description: Pt Lt 115 Stamford As In R0595463 Except Pt 7, 59R11211 Pt 1, 59R12384; Niagara Falls Applicant: Angelo Marino Assessment 272509000307400 K: \GIS_Re q u ests\ 2005 \Schedules \zon i n gA M \AM -25 \m a p p i n g. m a p Amending Zoning By -law No. 79 -200 I:NTS AM- 2009 -001 A by -law to hereby authorize the execution of the High Rate Treatment Facility Operating Agreement between The Regional Municipality of Niagara (the "Region and the City of Niagara Falls (the "City THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Passed this twentieth day of April, 2009 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 CITY OF NIAGARA FALLS By -law No. 2009 HIGH RATE TREATMENT FACILITY OPERATING AGREEMENT THIS AGREEMENT made as of the 1' day of March, 2009. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA (the "Region") and THE CORPORATION OF THE CITY OF NIAGARA FALLS (the City') WHEREAS the Region and the City are jointtenants oldie landslegallydescribed as Pad of Lot 92. Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara. and designated as Parts 2, 3 and 4 on Reference Plan 90R- 11659, and municipally (mown as 4300 Butlrey Street "me Lands" AND WHEREAS the Region is the owner of the Central Pumpstatlon located on the Lands: AND WHEREAS the City is the owner of the High Rate Treatment Facility for Combined sewage overflow located on the Lands: AND WHEREAS the Ministry ctihe Environment on November 21, 2005, issued to the Region and to the City, Amended Certificate of Approval for Municipal and Private Sewage Works Number 7451- 6J8L4P ("the Certificate"); AND WHEREAS the Certificate approved the Central PumpsWtldn and the High Rate Treatment Facility subject to temp and conditions: AND WHEREAS the parties wish the Region to conduct ®II operational, maintenance and reporting requirements of the Certificate with respect to Ihe High Rate reatment Facility; AND WHEREAS the parties wish that Region perform these requirements for a period or three years after which time the arrangement will be reviewed and amended as agreed between the pares; NOW THEREFORE this Agreement witnesses that for good and valuable Consideration. the receipt and sufficiency of which are hereby acknowledged, and the mutual promises herein, the parties agree as fellows. 1.1 Definitions In this Agreement and in the recitals and schedules hereto. unless there is something in the subject matter or context inconsistent therewith, the following words, terms and expressions shall have the following meanings: (a) ARTICLE I INTERPRETATION "Applicable Law" means all applicable federal, provincial, municipal and other laws, statutes, regulations, by-laws and codes. now or hereafter In existence, having the force of law and as may be amended from time to time; (b) "By-pass' shall mean a by-pass event as described in section 4 of the Certificate; (c) Certificate" means the Amended Certificate of Approval for Municipal and Private Sewage Works Number 1451 EJ8L4P issued by the Ministry of the Environment on November 21, 2005 and attached hereto as schedule '8 (d) Conftlenal Information" means materials, documents and information furnished to a party under this Agreement and designated in writing as confidential upon such furnishing (or which was developed jointly by the parties in relation to this Agreement and designated in wridng bythe parties as oantldendal), whether written or oral, tangible or intangible and In whatever form or medium provitled; provided that the term confidential Information shall not Include information or data i!' :(t) it was known by or w already in the possession of the party receiving such information or data lmout restriction, prior to is disclosure by the disclosing party; (t)Ifis lawfully obtained by the receiving party from a third party without restriction; (iii) it is developed by the receiving party completely independent of any disclosure by a disclosing party; or (iv) it is ascertainable from a commercially available product; 'CSC event" shall mean a Combined Sewer Overflow event as described in the Certificate 'HRT Facility" means the High Rate Treatment FeuliIy located on the Lands and owned by the City of Niagara Falls; "Lands" means the property owned as joint tenants by the Region and the City and known municipally as 4300 Butlrey Street in the City of Niagara Falls in the Regional Municipality of Niagara and more particularly described in Schedule "A" attached to this Agreement; and (h) Works' means the components of HRT Facilelyaslisted and described T on pages 1 and 2 of the Certificate under the heading "High Rate reatment Facility (owner —the Ciy of Niagara Falls)" Interpretation Not Affected by Headings, Etc. Grammatical variations of any terms defined herein shall have similar meanings: words ftdporting the singular meaning shall Include the plural and vice versa; and words importing the masculine gender shall include the feminine and neuter genders and vine versa The division of this Agreement Into separate Articles, Sections, subsections, Paragraphs, and Subparagraphs, and the insertion of headings and references are for convenience of reference only and shall not affect the construction or nterpretation of this Agreement. 3 Governing Law This Agreement is governed by the laws Of the Province o &Ontario and the laws of Canada applicable therein. The parties agree, subject to the provisions of Article 11 respecting dispute resolution, that any legal actions arising out of this Agreement must be commenced in the Regional Municipality of Niagara in the Province of Ontario. 1.4 Currency Unless otherwise indicated, all dollar amounts referred to in this Agreement are in lawful money of Canada. 1.5 Schedules The following schedules aro attached to this Agreement and incorporated herein Schedule'A" Description of Lands Schedule "B' Amended Certificate of Approval Schetl ula "C" Central Pumpstetfon and High Rate Treatment Fac■lSy Fee Estimate ARTICLE 2 GRANT Grant of Rights to the Region The City grants !0 the ReglCn, upon and subject to the terms, covenant, limitations and provisions set out in this Agreement, (a) the non-exclusive right to enter the HRT Facility for the purpose of providing the Services under this Agreement; and the authority to carry out any and all work that the Region, in its discretion determines is required at the HRT FecillIy in order to maintain compliance with the Ceditmate. (b) ARTICLE 3 TERM Term The term of this Agreement shall commence on March 1, 2009, and shall continue fore period of three (3) years ending on December 31, 2011 (the operating Term unless tennlreted towel' In attudamrewdh the pmdslcne of Arlde 10. ARTICLE 4 THE SERVICES The Region shall undertake all operational, maintenance and reporting requirements for the HRT Facility in accordance with the requirements aisections 4,5,5,7 and 3 of the Certificate. order to sunlit its obligations under this Agreement the Region shall perform the in ogewing services ("the Services"). (a) operation and Maintenance. momtor and respond to alamrs 24 hours of each day, 305 days a year, by means of a telemetric connection to the Supervisory Control and DataAcquisliion CSCADA") system at its Waste Water Treatment Plant located on Stanley Avenue in the City of Niagar0 Falls Crhe WWFP"); tip respond to maintenance requirements for the Works as necessary, (iih conduct inspections of the Works, (iv) undertake preventative maintenance of the Works and (v) carry out grass cutting and snowplowing on the Lands as require 3 (b) CSO Meni[oring. during a CSO event monitor and respond, as required, to specific storm events by means of a telemetric connection to the SCADA system at the WNW; (c) (Iq following a 080 event collect all data required to complete repo as required by he ceder ate; Fees for Services take samples and conduct or have conducted analysis of the samples as required by the Cedglcate', employ the SCADA system's trending capability to track and record treated and/or By-pass flows by moans of a to le metdc connection to the SCADA system at W WTP; Bypass Reporting: (i) Report and document each Bypass event in compliance with the Certificate (e) Annual Reports: at the end of each year of the Operating Term; 011 Prepare a summary report of all the HRT influent, and effluent, water quality and flow data as required by the Cell !Cate; (iii) prepare a mary of HRT Facility's performance for the relevant year of the Operating Term; and (i) ew the performance of the HRT Facility with reference to the Ministry of the Environments Procedure F-5-5. (v) Submit the reports to the Ministry of the Environment District Manager as required by the Certificate. ARTICLE 5 COMPENSATON (a) The City shall pay to the Region an annual operating fee "the Annual Operating Fee in the amount of forty-nine thousand, two hundred and seventy-eight dollars ($49,27S-0g) plus the applicable GST as for the Services performed by the Region each year under this Agreement (b) The Annual Operating Fee shall be paid by the City to the Region each year of the Operating Term in twelve equal monthly payments. Each monthly payment shall be in the amount of four thousand one hundred and six dollars and fifty cents ($4,106.50) plus the applicable GST and shall be received by the Region within fifteen 115) days of the first day of each month of each year of the Operating Term. 4 Fee Estimate (a) The parties have agreed that on the average there are thirty (90) CSO events a year The Annual Operating Fee was arrived at using the fee schedule set out in Schedule "C" to this Agreement and presuming there to be on average thirty (30) CSO events a year (b) Insurance ARTICLE 6 CITY'S OBLIGATIONS 6.1 Certificate of Approval In addition to as obligation under Article 5 of this Agreement the City shall comply with the applicable provisions of sections 1 and 3 of the CeNTlcate ARTICLE 7 MUTUAL OBLIGATIONS 7.1 Compliance with Laws The City and the Region shall observe. abide and comply promptly with all Applicable Law and with all requirements of all municipal and licensing authorities, including but not limited to, the Ministry of the Environment, the Ministry of Labour and all other lawful authorities respecting the Services to be provided by the Region under this Agreement and more specifically both parties shall complywl the Certificate. Review of Agreement (a) At the end of the 3 YEAR Operating Tenn the Region and the City shall meet to review the previsions of this Agreement, (b) Both parties agree to implement hanges to the Agreement required as a result of this review. (c Unless the parties agree otherwise In wring, fertile duration of the review piths Agreement, the terms and conditions of this Agreement shall remain in force and effect ARTICLE 6 RI URANC�F The Region shall at its sole cost and expense. maintain insurance coverage which the City and the Region mutually agree to be appropriate for the Region to carry out its obligations under this Agreement. ARTICLE 9 INDEMNITIES 9.1 Indemnity by the City The City shall indemnify and save harmless the Region, its elected officials, officers employees, contractors and agents from and against all claims orders and charges and all costs and expenses including legal fees and disbursements (including all legal fees and disbursements in connection with any and all appeals) adsing in anyway out of the design or performance or non- performance of the HRT Facility. Withoutllmtifng thegeneralyof the foregoing, such claims Include. 10.1 Early Termination all claims for personal injury or death, all claims in respect of damage to real or personal property an claims relating to any infringement of any right or privilege; and claims_ orders and charges with respect to non -compliance with the all emfcate ARTICLE ID TERMINATION Either party may terminate this Agreement by providing thirty (30) days written netnetc the otb& patty. 10.2 Survival on Terminaton Notwithstanding termination of this Agreement pursuant to this Article 10, the rights and obllgplfonswhlM have accrued or arisen hereunder prior to the time of such termination or which directly result from such termination shall continue and shall not be affected or prejutlleed thereby and such rights and obligations including the provisions of Anfele 0 of this Agreement, shall survive such termination and shall a pply, mutatis mutandls, to the padies and to the Facility. 10.1 Aeeord and Satisfaction No action taken by the Region or receipt by the Region of any payment which would have been authorized under this Agreement, otter the effective date of termination of this Agreement shall be construed to revive this Agreement or nullify such termination. ARTICLE 11 ON 11.1 Dispute Resolution If dispute occurs between the parties concerning any matter governed by this Agreement, the project manager of the party raising the dispute shall promptly advise the project manager of the other pad' in wraing, and the two project managers shall work together and use all reasonable efforts to resolve the diSpule- Ilthe project managers are unable to resolve the dispute informally thin five (b) business days of It being referred to them, the dispute shall be fanmarded in writing to the Commissionerof Public Works and Director °MMunlnpal Wad'sfor resolution. Using direct communications, the Commissioner and Director will have fifeen (15) business days from the matter being referred to loem to resolve the tlispuIe. If the Commissioner and Director do not resoNa the dispute, the dispute may, with the consent of both parties, be referred to and finally resolved by arbitration under the AMNadon Act, 1991. 6.0.1991,c.17, as emended The place of arbitration will be the Regional Municipality of Niagara In the Province of Ontario. ARTICLE 12 6 12.1 conndentiaity Subject to the Region's obligations under the Municipal Freedom of Information and Protection of Pnvecy Ace, R.S.O. 1990, c M 56, as amended. fora period continuing two(2) Operating Years after the termination of this Agreement, each party shall, except with the prior wdten consent of the other party (a) not use or disclose 10 any other person or entity any Confidential Information disclosed by any party, except as ssary for the performance of their respective responsibilities underthis Agreement; and (b) limit access to all Confidential Information disclosed by any party to such direemployees, eed t0 know in connection with this leAgrers n a e nt advisors as have a 12.2 Disclaimer of Partnership The panes disc/aim any intention to create a partnership or to constitute either of them the agent of the other. Nothing in this Agreement shalt bind the parties or any of them as partners or agents nor. except as may be expressly provided in this Agreement constitute any of them the agent of the other party. No party shall be, or byre n of any provision herein contained be deemed to be, the agent or legal representative of the other parry whether for purposes of this Agreement or otherwise, n r shall either party have any power authority to aol for. or assume any oblbgallons or responsibility on behalf of, the other party. 12.3 Force Majeure Neither party shell be responsible for delays or anperformence of this Agreement resulting directly or indirectly from impediments beyond its reasonable ontrol {other than financial inability or by application of Applicable Law), including without limitation, any delay caused by fire or other impediment beyond the party reasonable control of such party and not caused by an act oromlssion of such provided in the event of such delay or nonperformance, the party continues to act reasonably to resolve such delay or non- performance. 12.4 Notices Any notice, direction, request or document required or permitted to be given by either party to the other in wming shall be deemed to have been sufficiently and effectually given If delivered by hand or by prepaid registered mail at the addresses provided for below during normal business hours. or sent by facsimile transmission to the number shown below. the City of the Region aL' GENERAL PROVISIONS The Corporation of the City of Niagara Falls 4310 Queen Street P0. Box 1023 Niagara Falls, ON L2E 6X5 Attention. Director of Municipal Works Facsimile No. 905374-3557 (a) `b (d) 12.5 Waiver 12.6 Amendments 12.9 Time 1210 Severabinly The Regional Municipality of Niagara 2201 St. David's Road, P o. Box 042 rnerold, Ontario L2V 411 Attention: Commissioner of Public Works Facsimile No 005.687-8056 orto such other address of a party as il shall spedtyto tho other parties by written notice given In the manner aforesaid. Any such notice, diregien. request, document or payment shall be deemed to have been given to and received bythe party to whom it is addressed it delivered, on the date of delivery; mailed, on the flesh day after the mailing thereof, facsimile transmission before 5 :00 pm., on the data of facsimile transmission; and facsimile transmission after 500 pm, on the dale following facsimile transmission_ No consent or waiver, expressed or implied, by a pally to or of any breach or default by another pally in the performance by such other party offs obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party hereunder. Failure on the part of a partyto complain of any act or failure to act f another party or to declare another party in default irrespective of how tong such failure continues, shall not cons @ute a waiver by such first-mentioned party of its rights hereunder This Agreement may not be modelled or amended except of both parties 12.7 Further Assurances eh the written consent The parties hereto agree that they will from time to time at the reasonable request of other party execute any documents and take such further action as may be required to accomplish the purposes of Agreement. 12.8 Successors and Assigns 1 Assignment This Agreement shall enure to the benefit of and be binding upon the patties and their respective permuted assigns and s which shall mean any successor to either of the parties in accordance with any legislation providing for same. this Agreement nor any rights or obligations hereunder shall be assignable by any party without the prior written consent of the other party provided that such consent shall not be unreasonably or arbitrarily Time shall be of the essence of this Agreement. Any time Irons specified in this Agreement may be extended with the consent in writing of both the City and the Region but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit. 8 withheld In the event that any term, contll4on, or provision contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent, such term. condition or provision shall be severed from the remaining terms, conditions and provisions, which shall continue to be valid to the fullest extent pemilled bylaw. IN WITNESS WHEREOF the panes hereto have duly executed this Agreement DATED at Niagara Falls, this day 0f THE CORPORATION OF THE CITY OF NIAGARA FALLS Per Name Position Per: ame Position INVe have the authority to bred the corporation DATED at ThoroId, this day of THE REGIONAL MUNICIPALITY IAGARA Per Name: Ep{leth J. 9ro t e Poskiro Commissioner of Public Works have the authority to bind the corporation 9 Schedule "A" Description of Lands Part of Lot 92, Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, and designated as Parts 2,3 and 4 on Reference Plan 59R- 11659; P I,N. 64327- 0924 (LT) CITY OF NIAGARA FALLS By -law No. 2009 A by -law to appoint Kenneth Todd as Chief Administrative Officer for the City of Niagara Falls. WHEREAS Section 229 of The Municipal Act, 2001, authorizes a municipality to appoint a Chief Administrative Officer who shall be responsible for: (a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and (b) performing such other duties as are assigned; and WHEREAS By -law 2007 -210 defines, limits and determines the duties and responsibilities of the Chief Administrative Officer for the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Kenneth Todd is hereby appointed Chief Administrative Officer of the Corporation of the City of Niagara Falls effective May 19, 2009. 2. Kenneth Todd shall carry out the duties and responsibilities of the Chief Administrative Officer as defined in By -law 2007 -210 and shall perform such other duties as Council may from time to time direct by by -law or resolution. 3. By -law 2001 -284 is hereby repealed. Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009. April 20, 2009. April 20, 2009. By -law No. 2009 A by -law to authorize the payment of $33,098,618.12 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 March 5, 2009 to April 1, 2009. Passed this twentieth day of April 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009 CITY OF NIAGARA FALLS 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 20` day of April, 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: The actions of the Council at its meeting held on the 20 day of April, 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. Passed this twentieth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 20, 2009 April 20, 2009 April 20, 2009