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2009/05/25
COUNCIL MEETING Monday, May 25, 2009 Order of Business and Agenda Package PRAYER: Councillor Mayes COUNCIL MEETING May 25, 2009 ADOPTION OF MINUTES: Council Minutes of April 27 and May 4 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS National Access Awareness Week Members of the Disability Advisory Committee will recognize the Niagara Falls Public Library with the Patrick Cummings Award, in recognition of going above and beyond in creating a barrier free environment. In addition, the following will receive certificates of recognition: Gary and Jill Taylor of For the Needy, Not the Greedy, and Niagara Specialized Transit. Also, the committee will request that the week of May 31s June 6, 2009 be proclaimed National Access Awareness Week. Mayor's Youth Advisory Committee Laurel Walsh and Kacey Taylor, members of the Mayor's Youth Advisory Committee will outline to Council the Committee's activities during the past school year. 2 PARKS, RECREATION CULTURE MATTERS 1. Chief Administrative Officer PRC- 2009 -17 -The Elimination of All Plastic Bottled Beverages Sold in Municipal Facilities and Parks The following have requested to speak to the above noted report: Justin Sherwood, Refreshments Canada Harish Aggarwal and Chris Colaneri, Mayor's Youth Advisory Committee Frank Fohr, Park in the City Committee Tim Chamberlain, Niagara Falls Soccer Club Stuart Trew, Council of Canadians Reg Hodgins of G.T. French Paper Clark Bitter of P &C Compostech Bernie Slepkov, Sustainable Canada 2. Recreation Infrastructure Canada Program (RINC) in Ontario -AND- Memo from City Clerk Letter from Minister of Industry List of Projects for Consideration MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Spina Bifida and Hydrocephalus Association Ontario Request that the month of June be proclaimed as Spina Bifida and Hydrocephalus Awareness Month. RECOMMENDATION: For the Approval of Council 2. Main Ferry BIA 2009 Draft Budget RECOMMENDATION: For the Approval of Council 3. Window Boxes of Chippawa Requesting Waiver of fee application for Road Closure and insurance fees. RECOMMENDATION: For the Consideration of Council. 3 4. 2009 OFSAA Varsity Girls Soccer Tournament-. Request to have field fees for Girls Home for Soccer waived. RECOMMENDATION: That based on the recently implemented Youth Educational Rate, Council deny the request. 5. Request for Charter Transit Service North American Ranger Supporters Association (NARSA) are requesting the supply of Transit Services for the event. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. LEGAL MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer REPORTS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the Legal matters that were given public notice. L- 2009 -24 Permanently Close Multiple Road Allowances L- 2009 -22 Declare Surplus Two Arenas, 5145 Centre Street and 6570 Frederica Street. L- 2009 -21 Sign By -law Amendment RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CPS 2009 -04 Reserve Fund for the Development and Sale of Surplus Land FS- 2009 -04- Emergency Generator Purchase F- 2009 -28 Interest Policy Capital Projects F- 2009 -30 Major Receivables Monthly Report (April) F- 2009 -31 Municipal Accounts F- 2009 -32 2009 Property Tax Rates F- 2009 -33 Final Tax Notice Due Date L- 2009 -23 Execution of Agreement with Niagara Bruce Peninsula Auctions Sale of Surplus Lands by Auction. MW- 2009 -36 Grassy Brook Sanitary Sewage Pumping Station Operating Agreement with the Region on Niagara MW- 2009 -38 Purchase of Easement on Hydro One Network Inc. Lands Warren Creek Channelization Project MW- 2009 -39 Contract 2009 -08 2009 Surface Treatment Program TS- 2009 -25 Request for Private Parking Enforcement Appointment Niagara Clifton Group The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -77 4 BY -LAWS A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2009 -78 A by -law to declare the lands shown on Attachment "1" and municipally known as 6570 Frederica Street, surplus. 5 2009 -79 A by-law to declare the lands shown on Attachment "1" and municipally known as 5145 Centre Street, surplus. 2009 -80 A by -law to authorize the execution of an Agreement with James Walker and Virginia Walker with respect to conditions imposed by the Committee of Adjustment by decision dated August 12, 2008 under File No. B- 2008 -019. 2009 -81 A by -law to declare multiple City -owned lands surplus. 2009 -82 A by -law to permanently close part of a highway. 2009 -83 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2009 -84 A by -law to amend By -law No. 79 -200, to recognize an existing place of worship and permit an expansion thereto, to reduce the parking requirements for a place of worship and to permit a portion of the required parking to be provided off -site. (AM- 2009 -006) 2009 -85 A by -law to amend By -law No. 79 -200, to permit a theatre with reduced parking requirements. (AM- 2009 -005) 2009 -86 A by -law to amend By -law No. 79 -200, to permit a hotel without meeting rooms and with reduced parking requirements. (AM- 2009 -005) 2009 -87 A by -law to authorize the payment of $8,403,621.33 for General Purposes. 2009 -88 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones, Parking Prohibited, Stopping Prohibited) 2009 -89 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2009. 2009 -90 A by -law to amend a by -law to licence seasonal business services. 2009 -91 A by -law to authorize the execution of an Agreement with the Regional Municipality of Niagara (the "Region to operate the Grassy Brook Sanitary Sewage Pumping Station. 2009 -92 The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. 2009 -93 2009 -94 2009 -95 6 A by -law authorizing the Mayor and Clerk to execute a Grant of Easement between the Ontario Realty Corporation, acting as an agent on behalf of Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Energy and Infrastructure for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality related to lands described as Part of Township Lot 185 (Stamford Township) now City of Niagara Falls, further described as Parts 4 and 8 on Deposited Reference Plan 59R -13883 as in Schedule "A" attached hereto. (Warren Creek) A by -law to hereby authorize the execution of a Canadian Ontario Municipal Rural Infrastructure Fund (COMRIF) Funding AgreementAddendum between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA and the City of Niagara Falls. (Bridge Street) A by -law to authorize the execution of a booking and licence agreement with RRVP Niagara Square, Riocan Property Services for displays related to National Public Works Week. 2009 -95 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of May, 2009. NEW BUSINESS PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson's Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 31s to June 6 2009 proclaimed in the City of Niagara Falls. NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 31s to June 6 2009 as "National Access Awareness Week" in the City of Niagara Falls. Mayor R. T. (Ted) Salci Members of Council May 25, 2009 HONORARY PATRON I PATRON HONORAIRE The Honourable /L'honorable David C. Onley, O.Ont. O.Ont. Lieutenant Governor of Ontario Lieutenant gouverneur de ('Ontario PATRONS PATRONS The Honourable L'honorable Lincoln M. Alexander, pc.,C.C., O.Ont., Q.C./ C.p, C.C., O.Ont, C.R. The Honourable /L'honorable Henry N.R. Jackman, o.c., o.ont./ O.C., O.Ont Veronica Tennant, c.c./ c.c. The Honourable /L'honorable Hilary M.Weston, O.Ont/ o.ont HONORARY CHAIR PRESIDENT HONORAIRE The Honourable L'honorable David Peterson, pc., Q.C. C.p, C.R. HONORARY CAMPAIGN CHAIR PRESIDENT HONORAIRE DE LA CAMPAGNE Leslie Nielsen, o.c./ o.c. CHAIR PRESIDENT DU CONSEIL D'ADMINISTRATION Allister Byrne, FCA PRESIDENT CEO PRESIDENTE ET PDG Andria Spindel, M.S.w. ISO 9001:2000'Certifzed i`is S$. CCr47& Servicesjdeutonome certin tSO 9001;2000 f€1476126026 140 Schon P �kwa mm Unit,I E r It Y. €;v Th rol dd, Ontario L2V 4Y6 zTe I elep 90$ 687 8480 '800 3 4 74$ 'j Fax /Te1ec 905485,6651 www.marchofdimes.ca A United Way Agency Un Organism Centraide Charitable Registration No. No enreg.oeuvre de bienf. (BN) 10788 3928 RR0001 National Access Awareness Week is from May31 June 6, 2009. National Access Awareness Week's mission statement is to challenge all Canadians to affect changes through community partnerships that result in equal access and full participation of persons with disabilities in all aspects of Canadian life. The Ontario March of Dimes South Region is continuing to highlight this important designation by hosting a Breaking the Barrier Awards Ceremony to pay tribute to local businesses, organizations and individuals for their contributions that result in the integration of persons with disabilities in our community. Past recipients of the Breaking the Barrier Awards have been people who have made their business barrier -free, employers who have hired persons with disabilities, or volunteers who have devoted their lives to empower persons with disabilities to achieve independence. If you know an individual, organization or business in your community that is deserving of such an award, please complete the enclosed nomination form and return it to my attention by April 30, 2009. In addition, we cordially invite you to celebrate National Access Awareness Week by attending our Breaking the Barrier Awards Ceremony on Wednesday June 3, 2009 at 11 a.m. at the Market Square in St. Catharines. Please feel free to copy and circulate this invitation to other colleagues and organizations who may wish to submit a nomination or join in the celebrations. We look forward to receiving your nomination and /or seeing you at the ceremony. Sincerely, ¢IuLorraine Nadeau, Chairperson National Access Awareness Week Committee Enc. April 1, 2009 City of Niagara Falls c/o Dean Iorfida, City Clerk and Acc. Contact P.O Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: ONTARIO LA MARCHE MARCH DES DIX SOUS kb dd OF DIMES DE L'ONTARIO creating a society inclusive of people with physical disabilities creer une society englobant les personnes ayant un handicap physique NATIONAL ACCESS AWARENESS WEEK ONTARIO MARCHE MAY 31 JUNE 6, 2009 4 O LA DIMES DE L O "BREAKING THE BARRIER" AWARDS Wednesday June 3, 2009 at 11 a.m. at the Market Square in St. Catharines. National Access Awareness Week's mission statement is to challenge all Canadians to affect changes through community partnerships that result in equal access and full participation of persons with disabilities in all aspects of Canadian life. Ontario March of Dimes South Region continues to highlight this important designation by hosting a "Breaking the Barrier" Awards Ceremony to pay tribute to local businesses, organizations and individuals for their contributions resulting in the integration of persons with disabilities in our community. A selection committee will choose up to 10 "Breaking the Barrier" award recipients from all nominations received. Past recipients of the "Breaking the Barrier" Awards have been people who have made their business barrier free, employers who have hired persons with disabilities, or volunteers who have devoted their lives to empower persons with disabilities to achieve independence. Additionally, the selection committee will award one recipient for each of the following from all nominations received: 1. "The Joe Dineley Commemorative Award sponsored by Dell Lewis Kral' Home Health, awarded for exceptional leadership and commitment to furthering the integration and accessibility of persons with disabilities in the Niagara Community. 2. "accessibleniagara.com Award sponsored by Linda Crabtree, awarded for the exceptional provision of accessible tourism in the Niagara Community. 3. The Volunteer Excellence Award sponsored by Willy McLeod, awarded to an exceptional volunteer who facilitates the integration or accessibility of persons with disabilities. The award nominees should meet the following criteria: Promote the integration and /or independence of persons with disabilities in all aspects of community life through physical accessibility and /or social acceptance Not to be given to those whose paid employment role, or educational requirement is to promote the independence or integration of persons with disabilities in the community. Community -based residing or located within the Niagara Region If you know an individual, organization or business in your community that is deserving of such an award, please complete the attached nomination form and return it to Ontario March of Dimes Employment Services Office by Thursday April 30, 2009. In addition, we cordially invite you to celebrate National Access Awareness Week by attending the Breaking the Barrier Awards Ceremony on Wednesday June 3, 2009 at 11 a.m. at the Market Square in St. Catharines. NOMINATION FORM Name of Nominee: -2- (individual /organization) Contact Person: (for business /organization) Mailing Address: Postal Code: Telephone Number Home: Work: Communication Education Employment Transportation Recreation Housing Tourism Volunteer work Commerce Name of person submitting the nomination: Address: Telephone Number: Home: Work: Signature Date Postal Code: Please indicate the category where the nominee furthered the integration and /or independence of persons with disabilities: Other (Please identify): Please describe in detail the nature of the nominee's contribution towards integration and /or independence of persons with disabilities (e.g. role nominee has played in improving access or integration for persons with disabilities). Please attach your description on a separate page and include any supporting documentation to assist in determining your nominee's eligibility for an award. PLEASE SEND NOMINATION FORM AND SUPPORTING DOCUMENTS BY APRIL 30/09 TO: The "Breaking the Barrier" Awards Nomination Committee Ontario March of Dimes 243 Church St. St. Catharines, ON L2R 3E8 Attention: Lorraine Nadeau, Chairperson Fax: (905) 687 -9522 or email lnadeau @marchofdimes.ca (5/19/2009) Teresa Fabbro myac request for presentation Page 1 From: Carey Campbell To: Dean Iorfida CC: david_mercnik44 @hotmail.com; laurel.walsh @hotmail.com; ms.kacey_tay©ho... Date: 4/17/2009 12:43 PM Subject: myac request for presentation Dean: The Mayor's Youth Advisory Committee would like to present their annual "end of the year update to Council. They would appreciate being able to present on May 25th. The co- chairs Laurel Walsh (St. Paul) and Kacey Taylor (Stamford) will be making the formal presentation and there will be a video /slide -show to go along with it. Please be in touch to confirm. thanks, carey May 25, 2009 PRC- 2009 -17 Niag arapa His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PRC- 2009 -17 The Elimination of All Plastic Bottled Beverages Sold in Municipal Facilities and Parks RECOMMENDATION: 1. That Council reconfirm its decision from February 23, 2009, to eliminate the sale of all plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities, a position endorsed and supported by the Park in the City Committee and the Mayor's Youth Advisory Committee. 2 That a target date of January 30, 2010, be set to eliminate the sale of all other beverages in plastic bottles in all municipal facilities. 3. That the operator of the Centre Court Cafe at the MacBain Community Centre be exempt from the elimination of the sale of water and other beverages in plastic bottles during the course of the existing lease. BACKGROUND: At the February 23, 2009 meeting Council considered R- 2009 -06, Plastic Water Bottle Update. The report recommended the elimination of sale of plastic water bottles in City facilities and that staff prepare an implementation plan to increase the use of municipal water through public drinking fountains. Staff had come to these recommendations after a request from the Mayor's Youth Advisory Committee (MYAC) that the City take a leadership role in the elimination of plastic and vetting the issue at a community information forum. At the February 23 meeting, MYAC and The Park in the City Committee (PITC) made presentations to in support of the report. A representative from Nestles Canada cautioned against Council approving the recommendation. Following considerable discussion, Council expanded the recommendation to include the elimination of the sale of all beverages in plastic bottles. The original implementation date of May 1, 2009 remained as part of the motion. oN Canada 1;2H 3N3 905 =356 7521 www.rnagarafalls.ca Working Together to Serve Our Community n Community Services Department Parks, Recreation Culture May 25, 2009 2 PRC- 2009 -17 The Council's more expansive approval was applauded by those in favour of the elimination of plastic water bottles in City facilities. Refreshments Canada, an association representing brands and companies that manufacture and distribute non alcoholic refreshment beverages, expressed concern with Council's decision. The Mayor hosted a meeting with Refreshment Canada representatives, who requested an opportunity to make a formal presentation to Council at a future date. Staff was intending to bring forward a report on how the elimination of all plastic bottles was not feasible by the, originally proposed, May 1s implementation date. Municipal Arenas The City has an agreement with Pepsi to supply products for vending machines and over the counter concession beverages at the existing arenas. The agreement with Pepsi will expire on December 31, 2009. Niagara Falls Memorial Arena is already predominately a `fountain format' for over the counter sales of beverages. Prior to 2007, Chippawa and Stamford /Jack Bell arenas sold beverages in a fountain format but subsequently switched to plastic bottles at the request of Pepsi. The option to have Stamford /Jack Bell arenas returned to a fountain format for the duration of the existing Pepsi agreement will be reviewed. The staff review concluded that a variety of beverages could immediately be purchased in aluminum cans from Pepsi. The only product that appears not to be available in cans in Canada is Gatorade. Due to safety concerns, single serving glass containers are not sold at the arena concessions. Vending products are in plastic bottles and include products such as water, soft drinks, gatorade and juices. In 2008, vending commissions realized by the City were a nominal, $2,400. Pepsi has indicated the firm will not modify the existing vending machines to sell cans. The proposed 2010 implementation date allows for the conclusion of the existing agreement with Pepsi. The Request for Proposal (RFP) for the future provision of vending or over the counter beverages at our facilities will stipulate that the format of delivery must be environmentally sound (i.e., aluminum as opposed to plastic, compostable products etc.). Staff is confident that Pepsi, or any other provider, will adapt the delivery of their products. Environmental leadership is already being accomplished by the introduction of compostable cups and lids, supplied by local firms, which will not only be a preferable alternative to plastic but will eliminate the waste created by wax cups. The arena concessions (and all existing direct City operated facilities) will implement a customer discount per purchase for all hot beverages (tea, hot chocolate, and coffee) and cold fountain beverages for those who use their stainless steel reusable mugs for beverages. Finally, it should be stated that although the City will not be vending plastic bottles, facility users have free will to bring beverages in their format of choice, however, staff is hopeful that public education will encourage the "two R's" of reduction and reuse and healthier beverage choices. May 25, 2009 3 PRC- 2009 -17 MacBain Community Centre Centre Court Cafe The current agreement with the operator of Centre Court Cafe expires in January 2015 and contains no clauses allowing the City to limit products for sale. It would not be appropriate for the City to impose the plastic bottle ban on this third party. As a result, staff is recommending that the Centre Court Cafe be exempt. Gale Centre The plastic bottle elimination will have no effect on concession and food services at the Gale Centre. The chosen concession vendor, FRT Hospitality's beverages services will be based almost exclusively on fountain beverages. Vending sales is to be handled by the City and the request for proposals will include the stipulation that beverages cannot be sold in glass or plastic containers. Recycling Containers Recycling containers will be installed at Parks, Recreation Culture indoor facilities and major athletic fields. Indoor facilities include all arenas and MacBain Community Centre. New arena recycling containers will be installed for the fall /winter 2009/2010 ice season. Recycling containers will be located at Oakes Park, M. F. Ker, E.E. Mitchelson, Patrick Cummings Memorial Sport Complex and Kalar Road Park. The playing fields recycling containers are scheduled to be in place for the fields by the end May 2009. Extra containers will be on hand for large special events such as tournaments. Access to Water Implementation Plan As indicated in report R- 2009 -06, staff was to develop an implementation plan to increase access to municipal water at City facilities. Funding was included in the approved 2009 Capital Budget to install water fountains /filling stations at various City facilities. The City has received donations from Don Johnson, Niagara Falls Soccer Club and Communities in Bloom toward the installation of water fountain units. Recycled Products: Value Per Metric Tonne The issue of packaging or format of liquid beverages was discussed at length at the February 23r meeting. Refreshments Canada will likely make a presentation that plastic is portable, recyclable and contributes nominally to the waste produced in Ontario. Nonetheless, Council will hear from others pointing out that plastic bottles require petroleum to manufacture and ship and continue to pile up in landfills, despite recycling efforts. Also, there is no difference in quality between water in plastic bottles and municipal tap water. Aluminum cans are considered a valuable component of the consumer recycling stream and are often the economic backbone of municipal recycling programs. The beverage cans are 100% recyclable and considered a closed loop system, as they can be recycled repeatedly without degrading the quality of a product. For example, a beverage can could be recycled to be another beverage can. Niagara Region per metric tonne April 2009 price per metric tonne Feb 2009 cost sort bail per metric tonne aluminum cans $1295 average is less than $100 PET plastic $256 $265 May 25, 2009 The information below is extracted from the price sheet Ontario market price trends for April 2009 and the price per metric tonne. The price received per metric tonne compared with the price per metric tonne to sort bail for Niagara Region is also shown: CONCLUSION: The May 1S implementation date was not feasible for the elimination of all plastic beverage bottles. A January 2010 date allows for time to institute more drinking fountains, recycling and green bins and compostable packaging. Also, the conclusion of the vending contract with Pepsi at the end of the year allows any future RFP's to stipulate the form of delivery of beverages at City facilities. Although the debate on plastic is likely to recur on May 25 Council's February 23rd decision has been widely applauded by its advisory committees, the public and other community stakeholders. Staff believes the elimination of all plastic bottles at City facilities, increased recycling and green bins and the introduction of compostable products shows environmental stewardship on the part of the City. Staff will be reporting back to Council in the near future on an overall corporate strategy related to a corporate zero waste program and other environmental initiatives. Recommended by: Approved by: Respectfully submitted: -4- PRC- 2009 -17 f Parks, Recreation Culture Ed Dujlovic, xe e Director of Community Services Ken Todd, Chief Administrative Officer May June July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. 2008 2008 2008 2008 2008 2008 2008 2008 2009 2009 2009 2009 Aluminum Cans 2183 2174 2209 2017 1872 1618 1433 1082 1089 1016 972 1059 PET(mixed) 404 378 389 417 432 411 53 54 66 109 167 176 May 25, 2009 The information below is extracted from the price sheet Ontario market price trends for April 2009 and the price per metric tonne. The price received per metric tonne compared with the price per metric tonne to sort bail for Niagara Region is also shown: CONCLUSION: The May 1S implementation date was not feasible for the elimination of all plastic beverage bottles. A January 2010 date allows for time to institute more drinking fountains, recycling and green bins and compostable packaging. Also, the conclusion of the vending contract with Pepsi at the end of the year allows any future RFP's to stipulate the form of delivery of beverages at City facilities. Although the debate on plastic is likely to recur on May 25 Council's February 23rd decision has been widely applauded by its advisory committees, the public and other community stakeholders. Staff believes the elimination of all plastic bottles at City facilities, increased recycling and green bins and the introduction of compostable products shows environmental stewardship on the part of the City. Staff will be reporting back to Council in the near future on an overall corporate strategy related to a corporate zero waste program and other environmental initiatives. Recommended by: Approved by: Respectfully submitted: -4- PRC- 2009 -17 f Parks, Recreation Culture Ed Dujlovic, xe e Director of Community Services Ken Todd, Chief Administrative Officer February 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Ni iag ii Working Together to Serve Our Community y�_ Svti a i6e�E4'A�7737 %R�9Y+!"ti' L .t 8 P t n t as 3 r 7I50�Montrose Road, Unitki Niagara Falls ON Canada L2H 3N3r� 905 5 6 :4g 1 WcwvaiayardaIIs,ca y SriF x id. R- 2009 -06 ATTACHMENT 1 The recommendations) contained in this report were adopted as amended by City Council Re: R- 2009 -06 Plastic Water Bottle Update RECOMMENDATION: 1a54 LeVerG le 1 That the City of Niagara Falls eliminate the sale of/p facilities, municipal buildings, and recreation facilities and effy owned 2009. parks ective May y 1 1, That staff develop a recommended implementation plan to increase the access t and the availability of municipal water through public drinking fountains in municipal indoor and outdoor facilities, and outline the costs in the 2009 capital budget for the consideration of Council On April 28, 2008, the Mayor's Youth Advisory Committee (MYAC) presented update to Niagara Falls City Council. MYAC requested that plastic bags be baned! only from municipal buildings, but from the entire City. The MYAC supports eliminating the sale of bottled water at City owned facilities. The committee endorses environmental initiatives to guide Niagara Falls to become more sustainable through education and practical actions. On November 4, 2008, report R- 2008 -32 was presented and approved by City Council directing staff to hold a Community Information forum to gather feedback from the community regarding the possibility of eliminating the sale of bottled water at municipal buildings, recreation facilities and parks. C mmunity Services Department Parks, Recreation Culture I c JI uaI y La, LUV.7 R- 2009 -06 Summary of Community Information Forum On December 4, 2008, the Park in the City Committee hosted a Community Information Forum at the MacBain Community Centre. Approximately 30 people attended the presentation and open forum. The event was advertised in the local newspaper(s) (Niagara Falls Review, Niagara This Week) three times leading up to the event. It should be noted that the City's current arena beverage supplier (vending and over the counter concessions) Pepsi Co.. was also invited to attend. Guest speakers included the following: Frank Fohr, representative of the Park in the City Committee Stuart Trew, Council of Canadians Glen Hudgin, Niagara Region Public Health Department Brad Whitelaw, Niagara Region Waste Management Services Division For the most part, comments and questions following the presentation were very supportive of eliminating the sale of bottled water. One concern communicated by a sports organization was their loss of revenue from the sale of bottled water as they operate the concession stand at Oakes Park. There was also a request that the water at Oakes Park concession be looked, and the Region confirmed that an inspector would visit Oakes Park in the near future. Summary of Ontario Bottled Water Network Meeting Park in the City Committee Members attended an Ontario Bottled Water Network meeting held on Friday, January 9, 2009 in Toronto's City Hall. Thirty -one organizations and additional representatives attended the meeting which discussed the creation of an Ontario Network on bottled water. The forum reviewed existing bottled water initiatives /campaigns across Ontario and Canada. Opportunities were presented for moving forward in a unified /joint action with a follow -up meeting to be scheduled for March 2009. Parks, Recreation and Culture Facilities and Parks Parks, Recreation and Culture have eliminated the use of bottled water at all special events and meetings. Bottled water is sold at the following City owned and operated locations: All City owned arenas through concessions and vending: Niagara Falls Memorial Arena, Stamford /Jack Bell Arena, Chippawa Willoughby Memorial arena Coronation 50 plus Recreation Centre F. H. Leslie pool concession -3- R- 2009 -06 Bottled water is sold by community group at the following locations: Oakes park concession, GNBA Auxiliary Kalar park and E. E. Mitchelson Park various City parks for special events The organizations provide bottled water for sale or to their teams as a beverage at City sport park locations and many of these parks do not have a concession or water fountain source. Bottles water is sold by our third party operator (lease agreement) at the following location: MacBain Community Centre Centre Court Cafe and vending machines Recent Ministry of the Environment (IVIOE) Ratings MOE rating of Niagara Falls water treatment plant: 100% from April 1, 2006 to March 31, 2007 MOE rating of Niagara Falls water distribution system: 99.65% over the same time period Bottled water in Canada is treated as food and is regulated under the Food and Drug Act and its regulations: As such, water bottling plants are inspected on average only once every three years. Niagara Region Health Department High quality, clean safe tap water is produced and distributed by regional and local governments in Ontario under strict provincial standards and legislated controls. Rigorous testing is constantly carried out to ensure the quality of tap water. Ontario probably has some of the safest, highest quality tap water in the world. Since Walkerton, Ontario has the highest standards for drinking water in Canada (Sierra Legal Defence Fund Report ort p Municipal Action on Bottled Water Municipalities across Canada and in Ontario have recently taken action to encourage use of municipal tap water at municipal events and facilities (AMO Member Communication). According to recent Member Communication provided by AMO, Municipal councils across Canada, including 13 Ontario municipalities have taken action in recent months to limit the use of bottled water in municipal facilities, where a tap by appropriate, and to support the use of municipal p water b residents and visitors. AMO understands that a number of other Ontario municipalities are also considering such initiatives. rem uary L3, LUU5 R- 2009 -06 Ontario councils taking action in this area include the cities of Sault Ste. Marie, London, Windsor, the Regional Municipality of Waterloo and the Town of Blue Mountains, amongst others. Across Canada, other municipalities such as St. John's, Newfoundland, Charlottetown, PEI, Altona, Manitoba, Toronto and the Region of Metro Vancouver have also taken action. In some cases these actions have been supported through public education to increase awareness of the safety of municipal tap water, actions to increase the supply of municipal tap water at events through mobile water trucks and increase of supply of municipal tap water where necessary. These measures complement long standing positions taken by AMO and other municipal associations by increasing awareness of the affordability, health and safety of municipal tap water and the need for continuing public investments in infrastructure to provide affordable clean water to municipal residents. They also encourage stewardship of water as a valuable resource and help to reduce the amount of plastics in municipal waste streams. Canada's Parliament is currently considering a ban on plastic water bottles at the Parliament Buildings. Environmental Impact To reduce the impact, the David Suzuki Foundation supports stop providing /selling bottled water and to increase access to water fountains in public buildings such as arenas and community centres. 1. Regional Impact of Plastic Bottles In Niagara Region, plastic bottles accounted for approximately 1.6 kg /household /year in the residual waste stream (Le., landfill incineration) and 6.6 kg /household /year in the recycling stream. Based on plastic bottles collected curbside, Niagara residents recycled approximately 80% of the plastic bottles. The other 20% went into the residual waste stream. Based on the number of Niagara Region households, it is estimated that the Region disposes of approximately 1,521 tonnes of plastic bottles per year. Plastic bottles have an extremely high volume to weight ratio. As such, plastic bottles occupy a disproportionately large volume in recycling trucks (i.e., increases cost of transportation). The recent change of the economy has led to a reduction in the demand for recycled materials. PET is currently at $107 per tonne, from a high of $440 per tonne. In addition, the market revenue received from PET does not cover the combined cost of collection and processes ($265 per tonne). R- 2009.06 Currently, 41 of recycling collection and net processing costs are paid for by industry stewards; the remainder is paid by Niagara taxpayers. However, if plastic bottles are landfilled or become street litter, the financial costs are fully borne by Niagara tax payers, 2. Recycling is Not the Answer Plastic recycling only minimally reduces the amount of resources used to make plastics. Recycled plastic is a small percentage of what is manufactured and the amount is actually decreasing. Even those active in administering recycling programs have come to recognize that plastics consumption is encouraged by recycling. The City of Toronto, which has just banned bottled water from its civic centres, will phase it out of all city buildings by 2011, claims it recycled 1,000 tonnes, or 65 million plastic water bottles, last year. However, there are between 100 and 125 million bottled water consumed in Toronto, which results as many as 50% end up in a landfill and not recycled. According to the Container Recycling Institute, 86% of plastic water bottles used in the United States become garbage or litter. Nestle Waters Canada conducted a pilot project in the province of Quebec and touted an 85% success rate. However, this still means 15% of plastic water bottles end up as waste (i.e., in landfills). Incinerating used plastic bottles produces toxic byproducts such as chlorine gas and ash containing heavy metals. Although recyclable many plastic water bottles end up in landfill (i.e. 35 million polyethylene bottles end up in Toronto landfill sites each year). Buried plastic water bottles can take up to 1,000 years to degrade. 3. Energy Consumption According to the Earth Policy Institute, manufacturing the 29 billion plastic bottles used for water in the United States each year requires the equivalent of more than 17 million barrels of crude oil. Imagine filling a third of the plastic bottle with oil and you'll get an idea how much that is. In the United States, the Pacific Institute estimates the annual fossil fuel footprint of plastic water bottle consumption to be the equivalent of 50 million barrels of oil (Le., production, transportation, disposal) enough to run three million cars for one year. The amount of fuel required to transport bottled water in the U.S. alone is equivalent to.38,000 eighteen -wheel transport trucks delivering water weekly. 4. Destruction of Water Resources According to Environment Canada, 20% of municipalities have faced water shortages in recent years. The myth that Canada has an abundance of water to share is losing its strength. 1 cVI uai y LJ, GVV.7 -6- R- 2009 -06 Plastic water bottle companies water to production ratios are roughly 3 to 1; for every 3 litres of freshwater that the plastic water bottle industry takes from the earth, only 1 litre of plastic water bottle is actually produced. Two thirds of the Earth is water, however; only 2% of the freshwater are drinkable. However, 1.6% of the total 2% is locked up in polar icecaps. According to the United Nations, by 2025, over two thirds of our world's population will not have enough water to sustain the basics of life. Jmpiementation Strategy Next Steps: Key to a successful campaign to eliminate the sale of bottled water in Municipal facilities and encouraging the overall reduction in the use of the bottled water throughout the community is education and awareness. The City of Niagara Falls needs to promote city drinking water to: Increase the awareness of top quality and reliable drinking water Address any misconceptions and the misinformation about drinking water not being safe or a health risk. Ensure municipal water is accessible to City staff, residents and visitors to public spaces, municipal buildings and City facilities by providing safe and reliable drinking water options (water fountains, refillable water containers). Public awareness and education can be achieved through educational posters, information on City's web site, increase the number of public water fountains, temporary water filling stations at special events in parks and promotion to bring your own refillable water container. Phase '1 2 Location /Equipment Outdoor parks and playing fields Arenas Action inform and educate all users bottled water will not to be sold at City facilities review contractual requirements and inform beverage providers City will be eliminating the sale of bottled water eliminate the sale of bottled water Target Implementation dates March 2009 at allocation meeting March 2009 May 1, 2009 1 cuI uai GJ LVVU 3 4 5 Vending machines and contracted food services at the MacBain community centre Coronation Centre Indoor Facilities and Sport Parks review contractual requirements create education and awareness materials eliminate the sale of bottled water eliminate the use of bottled water in all meeting rooms for all bookings. inform and educate all users bottled water will not to be sold at City facilities eliminate the sale of bottled water review access to public drinking water including fountains install on existing fountains long spigots /goose neck to allow people to fill reusable bottles; budget as required for new fountains March 2009 phased in 2009 May 1, 2009 March 2009 May 1, 2009 March 2009 review 2009/2010 budget and install new fountains Recommended by: Approved by: Ed Denyse ujlovic, -7- 14 44104 5 R- 2009 -06 orri ey, Director of V:\2009000NCIL\2009 02 23\R- 2009 -06 Plastic Water Bottle Update.wpd arks, Recreation Culture xecutive Director of Community Services C110{4`V LAWYERS LIP �il1t,M1`S 80 King Street Suite 900 PO Box 760 St. Catharines Ontario L2R 6Y8 (905) 688-4500 Facsimile (905) 688-0015 G.G. Parker D.M. Kerr B.A. Bonfield* B.W. Adams R.F Miller G.R. McClelland J.C. Willey E.M.M. Richard N.F. Ferguson J.E. Mirynech R.P. Budgell P.M. Bauerle R. Trivieri H. Korosis M.A. Labenski M.J. Sloniowski R. Cairns, QC (Retired 2003) M.A. Chown, QC (1921 -1983) R.B. Edgar, QC (1934 -1998) 'Certified Specialist in Civil Litigation March 25, 2009 The City of Niagara Falls City Clerk's Office City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Mr. Irfida: Ni PC, FALLS CLERKS i^ 3 Via Facsimile: 905 356 9083 Re: 1624609 Ontario Inc. o/a Centre Court Cafe lease of premises at Niagara Falls Community Centre Proposed By -law Regarding Plastic Bottles Our File No.: 16445 We are the solicitors for the Centre Court Cafe and write further to your email of March 6t", 2009 and the recommendation passed by Council on February 23, 2009 to eliminate the sale of plastic beverage bottles. In response to the recommendation, we are requesting the opportunity to meet with relevant City staff and City Councilors to discuss our client's concerns about the proposed by -law and the City's ongoing contractual obligations under the lease. With respect to the City's contractual obligations we respectfully refer you to the motion passed by the City of Toronto vis a vis plastic water bottles on December 1, 2008, and specifically the below excerpt: 17. The City of Toronto: a. prohibits the sale or distribution of bottled water at Civic Centres immediately, with due regard for any current contracts related to the purchase or sale of bottled water; Please note that the above referenced resolution was passed by the City of Toronto having considered the legal advice of the Solicitor for the City of Toronto and other interested parties. Our interpretation of the above clause is that the City of Toronto has exempted all contracted vendors who sell plastic water bottles. We further note that the City of Toronto motion did not extend to plastic bottles containing anything beyond water. We strongly encourage City staff and Council take the foregoing into INTERNET: lawyers®chownlnw.com WORLD WIDE WEB: http: /www.chownlaw.cmn consideration and adhere to the terms of the lease with our client. We ask that the wording of any resolution reflect the ongoing contractual obligations with our client and further request that we and our client be granted an opportunity to further discuss this matter with City staff and Council as soon as practicable. If necessary, please direct this facsimile to the appropriate person and provide us with the name and contact number of such person. We would also ask to be notified of the next Council and/or committee meeting where the recommendation will be further discussed. We thank you for your attention to this matter and assistance provided. Yours very truly, CHOWN, CAIRNS LLP Per: Ontario Municipal ;:Wafter Association Ontario Municipal Water Association is pleased to support the City of Niagara Falls on its initiative to consider banning the sale of bottled water at their facilities. The City of Niagara Falls actions remind us once again that only municipal tap water delivers. At about one thousand times the cost of municipal water, bottled water is simply not good value for money. If the resolution is passed by the city, it will re- enforce the importance of promoting city tap water as safe and a bargain compared to bottled water. Niagara Falls joins a host of other Ontario municipalities that have either limited the use, or are considering limiting the use of bottled water on municipal premises or in schools, including Cambridge, Kitchener, Ottawa, Sault Ste Marie, St. Catharines, Sudbury, Toronto, the Town of the Blue Mountains, and Waterloo. Concern over the sale and use of bottled water is growing internationally given its cost, the poor recycling rate for single use plastic bottles, and the greenhouse gas emissions associated with manufacturing the bottles and transporting them long distances. "The Ontario Municipal Water Association is proud of the safety of the product that our municipalities produce and deliver every day to Ontarians. Municipal drinking water has to meet a much higher safety standard than bottled water, and is delivered at a fraction of the cost. OMWA is the voice of Ontario's public water supply authorities. For more information on OMWA, please visit our website at www.omwa.orq Yours truly, Nick Benkovich President Phone: (61 43 _Chelsea Cresce t Belleville t3 KBN 4Z8 Fax' (61.3)666-3024 Tot/Free: 1 -8 8 231 -1115 C rriticiparker( crg Douglas R. Parker MA, &ecutive Director 25/02/09 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario, Canada L2E 6X5 Via- email: tsalciAniagarafalls.ca council anniagarafalls.ca Re: City of Niagara Falls Sales Prohibition on the Sale of Beverages in Plastic Bottles on City Property Dear Mayor and Members of Council: Refreshments Canada is the national association representing the broad spectrum of brands and companies that manufacture and distribute the majority of non alcoholic refreshment beverages consumed in Canada. We are is writing to you to express our grave concern on the motion passed by your Council on Monday February 23 2009 that prohibits the sale of beverages in plastic bottles on city property. Furthermore, as we were not invited to or involved in any consultation and deliberations relating to this matter, we respectfully request the opportunity to brief the Council directly on this important issue. Beverages sold in PET plastic bottles provide consumers with access to a range of beverage options in a convenient, portable, hygienic and resealable container. Whether these products are refreshing soft drinks or scientifically engineered sports drinks, these beverages satisfy a consumer want or need, and are not a direct competitor to city provided tap water. In reviewing your staff report on bottled water, we believe that the actions taken by your Council seem to be predicated on the belief that PET plastic beverage containers are not a suitable packaging option. We respectfully note that your staff report contains numerous factual errors and would provide following information for your consideration. PET plastic beverage containers, like those used for soft drinks and other beverages, are 100% recyclable, and are one of the most recycled forms of packaging. Your own statistics indicate a recycling rate of approximately 80% in the City of Niagara Falls, In Canada all beverage containers make up 0.3% of all waste produced. Your own statistics indicate that plastic bottles (of all forms) account for 8.6 kgs per household per year vs. the Statistic Canada figure that the average Canadian produces 1,100kgs of waste per year (or 4.4 tons for a family of four). This highlights the small percentage of waste /recycled material created by plastic beverage containers. 885 Don Mills Rd Suite 301 Toronto ON M3C 1V9 Tel: (416) 362 -2424 Fax: (416) 362 -3229 www. refreshments. ca Refreshments Canada Letter to the City of Niaqara Falls 25/02/2009 2 of 2 While PET bottles do have a Tight weight to volume ratio, this is significantly decreased with compaction during collection. Recycling plastic does not "minimally reduce the amount of resources required to make plastic" as identified in your report, but rather preserves a significant amount of energy and material for re -use. According to the Environmental Protection Agency's Waste Reduction Model (WARM) the recycling of one PET beverage container saves .55 kilowatt hours of electricity and 53 grams of carbon (or almost half the environmental footprint of the package). In addition, recycled plastic is used to make fabric, new packaging, carpet and other nylon products that would have used virgin materials (had recycled material not been available). The energy footprint for a 591 ml beverage packaged in PET plastic, from cradle to grave (including raw material production, bottle creation, filling, shipping to point of consumption and to end of life recycling) when converted to an oil equivalent is less than 5% of its volume (not the 33% identified). PET plastic is in fact one of the most energy efficient forms of packaging, almost 60 time more energy efficient that a comparable glass container, with favourable performance vs. aluminum and other forms of beverage packaging. These are just some of the facts surrounding PET plastic bottles. Refreshments Canada would appreciate the opportunity afforded to other stakeholders to present the industry perspective and facts at an upcoming Council meeting. I will follow -up with you directly and can be reached at 416- 362 -2424 x1 should you require more detailed information. Sincerely, 5 Justin Sherwood President Refreshments Canada Email: justin@refreshments.ca 885 Don Mills Rd Suite 301 Toronto ON M3C 1V9 Tel: (416) 362 -2424 Fax: (416) 362 -3229 www. refreshments. ca 5' 14) (C1 0 0 0 o 0 0 0 0 000 '0 0 0' 0 2. tV 0 o 0 c 0 na 0 0 3 (17 0 -c 3 G 0 Al iv in 3 0 c -4. 0 cu 0 4 (N n a 3 (I C> 0 N o s a O 0 H -0 O V O C CD O 0 O "'1 "P C CD Q 0 CD r- F CD V 5 (D a) 2) 0 0 N 3 -a C A D G (D c O (OD O O 5 5' (D O. r (D CD Q (D 0 CD 0 O n (7: �U O C 0 3 te n (D C 0 Q O C (D "v C (D O Ck 5 Z co co a (D SI 2) o 0 a- "O O O (D 3 C n O n (D (D 9) o (D 0 a) (D cn 5' (n CO W o 5a N E m 3. a (a m 3 D (n a W z 7 13 (n 0 (D W z Q- 0 a 01 !v 0 m O (D o n Q .o 0 o m 0 0 o S 3 N (n 0 3 0 N c 17 cz) m ca m (2 m c 3. a cQ c c rt ID D) a a CS m (n G) cn CO 0 (D (n 0 V Co.) 3 .4 N c- w 0 O _o C,) c 2 CD CA O N O G) CA 3 O O N o N c 2 N 0 DJ (D 0 0 (D 0. 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CD 0 0 (D a a m cD cr C A D Da 2, o c CD cr) FE 3 o CD c17 Fl g O n n c. co 0_ \D v CD f 0 0 A P (D 0 0 i--F CD 0 CD CD 0 m ao� S N O N S oc 0 00 zli s 0 N s zu V)m 0 3� N erb e m 6 .1 0 0 0 13 1/4< o CD A o m m (D m 6. M c 0-0 51 T: H 55 gin' 1 a cD (Q (.0 (.0 c S s 'Et. FA 5 no s o 3 `Q. cn 0 0 (D C N 3 (D ,:<-1 a (D co cn 0 co N n (D (D S (5 (D O N n (D 5 CL cD O 0 N p n p O -a Q. E. –1 n n N H n CD cr S: tr g: 5' 2) o y 0 Pa w 5' C tD 44M'' cn 0) p s Q p j fep O 5 13) 3 a O p (DC Q r4 co CD -0 (D 0 o Cl cD O CD CD cn 3 Cl) o 3 ca c a' cu cn n CI cD C� S 0 o y (D 0 S 0 Q 5 A) m o C a a) a c u i 6-... 0 vro y �4 0 9 0 e 3 N 0 0 N 3 0 N O •h s 0 m 0 u a/ Q a n 0 o ©oo©a00 o 0 8 Recreshments cana4a 6 goissans raFraichissantes 1.4 MJ of Energy 14 MJ of Energy 20.88 MJ of Energy 34 MJ of Energy 79.2 MJ of Energy 370 MJ of Energy Energy Comparisons for Illustrative Purposes To produce 1 PET Plastic Bottle To produce 1 hamburger' To produce 1 newspaper In 1 Titre of gasoline To produce 1 Titre of milk The amount of energy used per day in a typical Canadian home MJ megajoule (1 million joules) Joule The work done by a force of one newton traveling through a distance of one metre or, in layman's terms, the energy released when an apple falls one metre to the ground 'Kramer, Klass Jan. Energy and greenhouse gas emission in food production chains. LBNUKJ Kramer Consulting, October 2007. 2 Masanet E., L. Price, S. de la Rue du Can, R. Brown and E. Worrell. Optimization of Product Life Cycles to Reduce Greenhouse Gas Emissions in California. CEC- 500 -2005 110. Califomia Energy Commission, PIER Energy Related Environmental Research, 2005. 3 http /www.energy.gov.ab.ca/About Us /1132.asp 4 Masanet E., L. Price, S. de la Rue du Can, R. Brown and E. Worrell. Optimization of Product Life Cycles to Reduce Greenhouse Gas Emissions in California. CEC- 500 -2005 110. California Energy Commission, PIER Energy Related Environmental Research, 2005. 5 http /www.eneroy.ciov.ab.ca/About Us /1132.aso o 00000_ -0 00 Recrestonetifs canacte 6 Doissons raCY eickissan f es Energy Comparison for Illustrative Purposes PET Plastic Bottle Hamburger Newspaper 1 Litre of Gasoline Products and Uses 1 Litre of Milk Used by 1 Canadian Home in a day (5/21/2009) Dean lorfida Niagara Falls Soccer Club May 25', 2009 Council From: Denyse Morrissey To: Dean Iorfida Date: 5/21/2009 8:52 AM Subject: Niagara Falls Soccer Club May 25, 2009 Council CC: Hi Dean, Please accept this email as a request for Niagara Falls Soccer Club to be scheduled for deputation at Council on Monday, May 25, 2009. Tim Chamberlain, President and other club members will be presenting a cheque for $2,250 to the City of Niagara Falls as a contribution to the new water bottle filling station at Mitchelson Park. He will also provide a brief overview of the Club's concession operation at the park. Regards, Denyse Denyse Morrissey, B.A; M.P.A. Director Parks, Recreation Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356 -7521 ext. 3331 Fax: (905) 356 -7404 email: dmorrissey @niagarafalls.ca web: www.niagarafalls.ca Kathy Moldenhauer; Mark Richardson Page 91 Teresa Fabbro As per your request From: "Bernie Slepkov" <bernie.slepkov @sympatico.ca> To: "Teresa Fabbro" <tfabbro @niagarafalls.ca> CC: "Councillor loannoni" <ioannoni @niagarafalls.ca "Councillor Wing" <jwi... Date: 3/18/2009 5:00 PM Subject: As per your request Hi Teresa As per our conversation the other day, please keep me apprised as to when Refreshments Canada is scheduled to address Council. If possible, I wish to address council following their presentation. In the absence of any such presentation, should council choose revisit its decision of Feb. 23 in some public forum, I would appreciate being informed. For background purposes, I addressed St. Catharines city council, back in January 2007, requesting that the City eliminate non essential bottled water from municipal facilities and meetings, thus becoming the first North American community to do so. I'd be happy to forward on my address of January 27, 2007 and resulting motion as you might find them somewhat instructive. Bernie Slepkov bern ie. s lepkov @sympatico. ca 1 -213 St. Paul Street, St. Catharines, ON L2R 3M6 Tel: (905) 984 -3493 p/16/2009) Dean lortida Letter of support for removal plastic bottles From: Julia Morton -Marr <ihtec @3web.com> To: <tsalci @niagarafalls.ca> Date: 3/16/2009 1:13 PM Subject: Letter of support for removal plastic bottles Attachments: MayorSalciPlasticBottles.pdf CC: <mcarter @davidsuzuki.org <wcumming @fcm.ca mayor miller @toronto.ca Dear Mayor Said (Ted) and City Council Members, I have written a letter of support for your next council meeting on the topic of elimination of the sale of bottled water as well as all beverages in plastic bottles within Municipal Buildings. It is attached. A hard copy is in the post. Cheers Julia Julia Morton -Marr IHTEC Founding President Tel: 905 820 -5067 cc: Mayor's Youth Advisory Council, Niagara Falls Parks and Rec, David Suzuki, The Federation of Canadian Municipalities, Mayor Miller of Toronto, Mayor Hazel McCallion of Mississauga, Mayor of London Ontario. His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario PO Box 1023 Niagara Falls, Ontario L2E 6X5 Canada March 18, 2009 Dear Mayor Salci (Ted) International Holistic Tourism Education Centre IHTEC D Julia Morton -Marr, DStG, B.Ed., Dip T. Founding President, IHTEC Q_..1 C om http /www.worldandi.com /public /2001 /October /ee.html Creature Corridors 3343 Masthead Crescent Mississauga, Ontario L5L 1G9 CANADA Tel. (905) 820 -5067 email: "There is nowhere to throw away to" ii Watershed Peace Pathways Marine Peace Parks Congratulations to you Mayor Ted Salci and to your Council Members and also the Youth Council for stimulating such great action, eliminating the sale of bottle water as well as all beverages in plastic bottles within Municipal Buildings. Your decision is towards a positive tipping point that supports the web of life, nature, water, pollution reduction and reduces carbon emissions and the associated climate changes. David Suzuki has been a global leader in this environmental issue, so I am sure he will be most encouraged that you are requesting local residents to use safe and healthy Municipal tap water. As a major Tourism destination, a `Peace through Tourism' educational brochure promoting Niagara Falls' safe drinking water, will also reduces use of plastic water bottles within the Tourism Industry. The Pugwash Science for Peace Global Issues Project, Experts Roundtable on Water, have noted that Nature needs water to 'prime the pump' for the hydrological cycle. The world's population is already using some of Natures needs, while the planet heats up. Additional goals must,include conservation and reduction in water use. The role of public education is vital with scientific facts to back them. Recently 1 was in Hawaii, and heard about the plastic mat, half the size of the US, that is floating in the Pacific Ocean. How much plastic I wonder is in the Niagara River, or goes over Niagara Falls and into the Great Lakes? Your Earth Day clean up could focus on water and removal of plastics. The effects of all plastic's have gone further than we expected. Plastics have been labeled as `disruptors of endocrine function'* a hormone in plastic which affects fertility in all species. This especially in the Great Lakes region. These hormones are poisonous to human babies and children. Companies' role is to be part of the solution. Send a message to companies that the Green Revolution has begun and their `out of the box' expertise is needed to invent apositive future. All future products must be developed from `cradle to cradle' and not end up as waste. "There is nowhere to throw away to The Ontario Government has mandated Environmental Education and educators may be encouraging all schools to eliminate the use of all plastics in school grounds, to reduce pollution. 1 must compliment your schools who are experts at recycling. Please also, through your Niagara Falls Schools in Bloom program, encourage your School Boards to collect all plastics and eliminate the use of plastic bottles on school grounds. 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Q E w L N '6 O O m 3 u) Q U m o L 0 4 z. 4 C >,o L' N a' a) to y Au m O N U N A 0 a3 N N �0 C 0 0 0 N o) (n c .5 L O 3' c co c 8 rn 8--= 0 0 0 ,a3 co vi o L (o L t) .c iri O a) aa L m E E L fo E g i d ti L C V i EE. O C, O EV) 'o C a3 o E v d rn O E U a 0 0 Q m 0) Q.E 0 2 O p O (o Q Corporate Services Department Clerk's Division Inter Department Memorandum NiagaraJalls TO: Mayor Ted Salci DATE: May 25, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Recreation Infrastructure Canada Program (RINC) in Ontario On May 1 t The Honourable Tony Clement, Minister of Industry announced another economic stimulus program. This program focuses on supporting upgrades to community recreation facilities, such as hockey rinks, swimming pools and community centres. Similar to the recent Infrastructure Funding Programs, the funding is contingent upon the projects being completed by March 31, 2011. As a result, the program encourages rehabilitation projects more so than new facilities. Unlike the Infrastructure Stimulus Fund (ISF), the City of Niagara Falls is not limited to four (4) applications. Of course, if a City project is selected, the municipality is responsible for one third of the funding. Staff has prepared a list of possible projects for consideration. Projects have to be submitted by 5:00 p.m., May 29th. Psi, Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development �+b fi -anad.. rie May 11 tl, 2009 Recreational facilities are vital social and athletic.hubs of our communities. They bring us together as families, friends and: neighbours to have fun and to stay active and healthy. Canada's Go.vernrnent is taking clear action to stimulate the economy, create jobs and contribute to the health and quality of life in communities across the country. We are acting quickly to encourage economic growth. In addition to $33 billion the Government of Canada has already committed to infrastructure, Canada's Econornic Action Plan provided almost $12 billion in new stimulus °funding over the next two years: This included $300 million for the Recreational Infrastructure Canada program to, support upgrading and renewal of recreational facilities in communities across Canada. Today, we are announcing that local hockey rinks, swimming pools, multi purpose facilities and other community sites with a recreational emphasis are eligible for financial support for renovations and upgrades, thanks to the new Recreational Infrastructure Canada Program in Ontario (RING Ontario), Municipalities, counties, First Nations governments and community organizations with eligible projects that can be completed before March 31, 2011, are invited to submit their applications: We also ask and encourage you to share information about the new program with your local community organizations and not- for profit entities that may have eligible projects. Given the short time -span over which the funding will be provided, this program is geared towards rehabilitation projects as those generally require shorter lead times in terms of project start up and completion and have lower project costs. The application process for this new program is straightforward for applicants. A short, streamlined application form, program criteria and deadlines are available online at www.rinc- on:ca. ...2 This new prograrn wiU ensure that future wiU continue to enjoy joy local playing fields, arenas, pools and gyrnnasiums for decades to come. t will also have an immediate impact by stimulating economic activity. The initia federal allocation under the NC Program in Ontario is $68 million. Funding over the next two years will be allocated based on applications submitted from Ontario The Government of Canada can fund uph) one-third ofe project's tnta|e|ig|ble cost up to a maximum of $1 million per project. For additional information, refer to the Program GVideGvai{ab\8onthGvvHbaihBet vvww.rino'on.ca. email infrastructure@ic.dc.ca 8[ contact 1'888-3QO-Q30O. ||Ook forviiardto aAnnunCiUg� projects throughout the province that will receive RING funding in Ontario over th.e coming months, and to seeing the benefits that these projects will bring to Ontario's communities. C) 0 0 "D 3 3 0 0 O N 0 (n N O1 0 O 0 0 0 O O O c7) N O 0 0 O cn 3 v I O (o (D O O 0 O -6i) I 0) O 0- 0 U1 'O 0 W (D cn (D O) O CO n OD 3 O 7' (0 (D O N' 0) O N C) 3 o O 0 X cD O O W (J1 O 0 0 (1) v 3 O 3 0 v CO O 0 a O O a) a 0 0 (D c (0 c� a (D a O EA (0 DJ rt rh 2 0 rt (D 13 O CD C7 N Recreational Infrastructure Canada (RInC) Program in Ontario and Ontario REC Application Guidelines The following guidelines were designed to assist you in filling out your application for funding under the RInC Program in Ontario and Ontario REC. Please refer to the corresponding section and field in the Application Form. PART B: Project Information 9. Project Description Provide a concise and specific listing of the actual physical works to be completed. For example, if you are making improvements to a community pool, outline the work to be included such as re- tiling the pool deck, adding family washrooms, etc. 10. Project Rationale Provide a rationale describing the specific problems or objectives this project will address. 11. Energy Efficiency If you answered yes, provide a description of how the project will have a positive impact on the environment by reducing energy consumption, water consumption and /or waste compared to the existing infrastructure, or by encouraging recycling or by using recognized green materials in the construction /restoration or improvement of the infrastructure, if applicable. 12. Accessibility If you answered yes, describe how the project increases public access to, and participation in, the facility and /or activity. 13. Extending Life of Infrastructure If you answered yes, provide a description of how the project will extend the life of the infrastructure, and is consistent with sound asset management principles. 14. Proiect Healthy and Safety Benefits If you answered yes, provide a description of the health and safety benefits that your project will have for your community. Include the reach or impact of improved facilities and who the project benefits. 15. Person months of work resulting from the proiect Provide the number of jobs resulting from the project in person- months of full -time employment, calculated the following way. For short-term employment, please pro -rate to full -time equivalent, based on the hours per day full -time employees work on the project. For example, if 6 people will be employed full -time from July 1 to December 30, 2009, and 18 people from March 1 to August 31, 2010, then calculate 6 people x 6 months 18 people x 6 months 144 person- months of employment. If 2 people work part time (one half day) for 8 months, count it as 2 x .5 x 8 8 person- months of employment. If 1 person works for 5 hours /week for 12 months, and the normal work week is 35 hours, that person has worked 5 /35th or .143 of full -time employment for 12 months; count as .143 x 12 months 1.7 person months. 16. Construction Start End Date Provide the expected date for when construction will begin on the project and be completed. 17. State of Readiness Provide the expected date for plans, tender and approvals to be completed. Specify permits /approvals secured. 18. Multiple Applications An applicant may submit multiple applications. A separate application should be submitted for each project, indicating the priority of each application in relation to the others. PART C: Environmental Considerations Aboriginal Engagement 19. Environmental Considerations Projects involving physical works or prescribed physical activity receiving funding from the Government of Canada may require an environmental assessment under the Canadian Environmental Assessment Act (CEAA). According to the CEAA, every infrastructure project with federal funding must be screened for its impact on the environment. This checklist forms part of that screening process. A "yes" answer does not necessarily mean that an environmental assessment will be required as many physical works activities are excluded from environmental assessments. An officer from Industry Canada will advise the steps required to comply with the Canadian Environmental Assessment Act. No federal funds will be paid until the Canadian Environmental Assessment is complete. If additional work is required to address assessment or adhere to Canadian Environmental conditions, the costs can be included as part of the eligible project costs. For more information on the Exclusion list of the CEAA, please go to http: /www.ceaa,gc.ca/ select "English select "Legislation Regulations" and then "The Act." PART D: Funding 21. Funding from another program Indicate if you have applied for funding to another program for this project, and if yes, indicate from which program and if funding has been approved. 22. Funding Detail the eligible costs of the project, by type of activity. Identify all sources that will contribute financially to the project. Amount Requested Indicate how much federal and provincial funding you are seeking under the RInC Program in Ontario and Ontario REC. The federal and provincial governments can each provide up to one third of the total eligible project cost, up to $1 million each per project. In exceptional circumstances, the federal government may contribute up to 50 per cent of total eligible project costs. A business case would need to be submitted for approval. Other government funding Indicate other federal and /or provincial funding being sought or already committed to the project (please provide specific program). Other funding Indicate other non government funding being sought or already committed to the project, including not for profit and private sector. 23. Cash Flow Indicate the federal and provincial funding broken down by fiscal year (year ending March 31). Please note that priority may be given to applicants who can incur more than half of their projects costs in 2009 /10 fiscal year. Total Eligible Project Costs Eligible Costs include: The costs to rehabilitate or repair fixed capital assets of recreational infrastructure, including new construction that is either adding to or replacing existing recreational infrastructure assets or capacity; The fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities and structures; The costs of environmental assessments, monitoring and follow -up programs as required by the Canadian Environmental Assessment Act, The costs of any public announcement and official ceremony, or of any temporary or permanent signage; Other costs that are considered to be direct and necessary for the successful implementation of a project and that have been approved in advance; and Incremental costs of the applicant's employees or direct costs may be included under the following conditions: o the applicant is a local, regional or First Nations government; o the applicant satisfies the federal and provincial governments that it is not economically feasible to tender a contract; o employees or equipment are employed directly in respect of the work that would have been the subject of the contract; and o approved in advance and in writing. Proiect costs ineligible for financing include: Project costs incurred before the project approval date, and after March 31, 2011; Project costs incurred as of January 27, 2009, may be deemed eligible, on a case -by -case basis; Movable equipment; Services or works, that in the opinion of the federal or provincial governments, are normally provided by the applicant or a related party; Salaries and other employment benefits of any employees of the applicant; An applicant's overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its applicant's staff; Costs of feasibility and planning studies; Taxes, such as GST, for which the applicant is eligible for a tax rebate and all other costs eligible for rebates; Costs of land or any interest therein, and related costs; Cost of leasing of equipment by the applicant; Legal fees; and Routine maintenance costs. Part E: Attestation All eligible recipients are required to attest that the work to be undertaken is an incremental construction activity (that the project would not have occurred as proposed without support from the RInC Program in Ontario and Ontario REC). For example, federal and provincial funding allows a project planned for future years to be completed by March 31, 2011. Endorsement Prior to final approval of funding, projects must be duly authorized or endorsed by, as applicable: 1. In the case of a local government submission, a resolution of its council; or 2. In the case of a not for profit private- sector body submission, a resolution of its board of directors; or 3. In the case of a First Nations government, a band council resolution. The resolution can be submitted at the time of the application or as soon as possible after it is passed. All funded projects will require a resolution to enter into a contribution agreement. Additional requirements for not for profit private sector organizations Not for profits must provide the following documentation: 1. Copy of the certificate of incorporation; 2. Most recent audited financial statements, if available; 3. Most recent annual report, if available; 4. Resume or CV of the individuals responsible for managing /implementing the proposed project; 5. List of current Board of Directors membership and contact information; 6. List of financial amounts the applicant organization owes to the federal and /or provincial government under legislation or contribution agreements; and 7. Confirmation that non government funding has been secured. Mayor Ted Salci City of Niagara Falls City Clerk 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: In 2008, the City of Niagara Falls graciously proclaimed June as Spina Bifida and Hydrocephalus Awareness Month. We would like to thank you for helping raise awareness of these life long, complex conditions. The Spina Bifida and Hydrocephalus Association of Ontario (SB &H), a registered charity, has been making a positive difference in the lives of individuals affected by spina bifida and /or hydrocephalus (sb/h) for over 35 years. Our programs and services respond to the unique needs and many challenges brought on by these serious, disabling conditions. We are requesting that the City of Niagara Falls once again declare June as Spina Bifida and Hydrocephalus Awareness Month. We enclose a sample declaration for your convenience. Again, thank you for making a difference through your proclamation and for considering this year's request. Sincerely, Joan Booth Executive Director Spina Bifida Hydrocephalus Association of Ontario 555 Richmond Street West, P.U. Box 103. Suite 1006, Toronto, Ontario. M5V 3B1 Phone 416 214.1056 800-387-1575 Fax 416 214 -1446 WHEREAS WHEREAS WHEREAS WHEREAS Signature Date SAMPLE PROCLAMATION the Spina Bifida and Hydrocephalus Association of Ontario serves people with spina bifida and hydrocephalus and their families; and Health Canada has proclaimed June as Spina Bifida and Hydrocephalus Awareness Month; and there are many people who are not aware of the Association or that it offers support, information and education programs and funds research to find ways to prevent and treat these conditions; and the Association encourages all Ontarians to learn more about these conditions and to appreciate the challenges faced by individuals affected by them, therefore BE IT RESOLVED That the city of Niagara Falls hereby proclaims the month of June 2009 to be SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH in the city of Niagara Falls and I urge all citizens to give full consideration and attention to the Spina Bifida and Hydrocephalus Association of Ontario for their work on behalf of those with spina bifida and hydrocephalus and their families. j MAIN Si FERRY BUSINESS IMPROVEMENTASSOCIATION 6060 MAIN ST. NIAGARA FALLS, ONT. L2G 5Z9 2009 DRAFT BUDGET Beautification Revitalization* $50,300 Insurance 2,000 Accountant's Fees 2,000 Advertising/Notices 500 Bookkeeper 200 TOTAL $55,000 Beautification Revitalization comprised of: Contribution to streetscaping reserve $45,300 Flower basket program 5,000 TOTAL Beautification Revitalization $50,300 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 Nia araFa. 15 DATE: May 25, 2009 RE: Request for Grant Equal to Waiver of Road Closure/ Insurance Fees For Window Boxes of Chippawa The annual Window Boxes of Chippawa Children's Planting Day is taking place on June 13, 2009. In the past, Council has provided a grant equal to the fees associated with the road closure for Laura Secord Place. The organizers are requesting such a grant again. Staff estimates the cost related to the road closure at $512. RECOMMENDATION: For the consideration of Council. 41A/ Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Monday May 11, 2009. Attn: Mr. Dean Iorfida City Clerk Clerks Department, City Hall W!ixtow Toms Enclosed please find an information package regarding the 2009 Window boxes of Chippawa Children's Planting Day Event (scheduled for June 13, 2009) as well as the Chippawa wide window box competition, to be given to council for their consideration. Included in the package is an Application for Road Use Permit, a request for road closure cost exemption, insurance exemption and the printing of flyers for the event. Details surrounding this years Window Boxes of Chippawa competition and awards night are also included. We look forward to being a part of Niagara Falls' participation in the Communities in Bloom competition this year and hope Chippawa's beautiful window boxes can make a small contribution to that end. Your assistance in this matter is very much appreciated. Thank you, slie Laan, Window Boxes of Chippawa Committee SUBJECT: CONTACT: ETAILS: CATEGORIES PARTICIPATION: HOW CAN YOU HELP? CITY COUNCIL INFORMATION SHEET Window Boxes of Chippawa 8th Year of Competition Leslie Laan Phone: 905- 295- 2431(home) 905- 3253071(cell) Rich Judge Phone:905- 295 -6616 Fax: 905-295-6616 See attached information letter WHEN: Children's and Teens' Saturday, June 13, 2009 Planting Day 9:00 a.m. to 12:00 p.m. WHERE: WHO IS ELIGIBLE: All Residents of Chippawa Children ages 2 to 7 and 8 to 12 Teens Adult Seniors (65 Businesses Judging Week July27 to to 31', 2009 Thank you for your time and consideration. The Window Boxes of Chippawa Committee Laura Secord Place (between Chippawa Library and Chippawa Hasty Market Register by Julyl8th 2009 Ballots accepted at Chippawa Foodland, Chippawa Hasty Market, Royal Bank Chippawa Awards Night August 09th, 2009 at Cummington Square during the concert intermission The Window Boxes of Chippawa Committee appreciates the Council's past support of this program and hopes it will continue in the same manner. In the past you have helped our program by printing our mail -out flyers, exempting the cost of the street closure and insurance requirements. We respectfully request that you approve the same this year We also ask that you come out and help us to encourage Chippawa's youth at their planting day and we would welcome you all to attend the Awards Night. In the coming years, we hope to raise sufficient funds to place additional floral displays, in prominent locations in Chippawa. We have not given up on our idea of large window boxes on the Portage Road over Chippawa Creek. They would make for a wonderful, welcoming display! Wttxlow 1k»,s VS C Announcing the 2008 Window Boxes of Chippawa competition. Window Boxes of Chippawa is entering its eighth year of competition. We are a nonprofit group promoting the beautification of Chippawa and are funded solely by the generous donations of businesses in Chippawa, Niagara Falls and the surrounding area. The competition is open to all residents and businesses, in Chippawa. To enter, residents or business simply plant a window box, between two feet and four feet in length. Members of the Window Boxes of Chippawa Committee visit the homes, or businesses to judge the entries. This year, we have six categories: children (2 age groups); teens; adult; businesses, and seniors (65 .First, second and third place winners in each category receive lovely gift packages, while the one winning business is presented with a plaque with the picture of their window box. Children are provided with free window boxes, planting soil and flowers (while quantities last), thanks to the generosity of Chippawa Hasty Market (Main Street) and JVK Greenhouse Supplies Ltd Teenagers will receive a free window box, soil and plants, from Window Boxes of Chippawa and Chippawa Hasty Market. The children's and teens' planting day will take place on Saturday, June 13, 2009, from 9:00 a.m. to 12:00 p.m. Children must be accompanied by an adult. Everyone is asked to bring a canned good or toonie for Project Share. A free hot dog and pop for all kids will be available at Chippawa Foodland. Persons wishing to enter any category must place their entry form in ballot boxes located at Chippawa Foodland, Chippawa Hasty Market, or Royal Bank Chippawa. by July 18, 2009 We encourage people to enter their neighbours. Judging will take place during the week of July 27 to July 31st Awards will be handed out at the Chippawa band shell Cummington Square), during the intermission of the August 09 concert. Window Boxes of Chippawa Hi lites and Dates to Remember Open to residents and businesses of Chippawa, only Categories: Children (Ages 2 to 7 and 8 to 12) Teens Adult Seniors (65 Businesses 16 prize categories with more than $1,000 value in total prizes Children's and Teens' Planting Day June 13t 9:00 a.m. to 12:00 p.m. at Laura Secord Place (between Chippawa Library and Chippawa Hasty Market). All entries must be submitted by July 18, 2009 (Chippawa Foodland, Chippawa Hasty Market, Royal Bank Chippawa) Judging will take place during the week of July 27 to31 st. Awards night August 09 at Cummington Square, during the concert intermission. For further information, please contact Leslie Laan (905)295 -2431 Hey Chippawa Plant a Window Box Enter Win NINTH MEETING IN CAMERA MEETING Council met on Monday, May 12, 2008 at 6:25 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, May 12, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. Following the opening prayer, Katelynn and Emily Hilborn, sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of April 28, 2008 be approved as printed. YMCA Mtn= BEM of Chippewa DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest to cheque no. 318935, a tax refund made payable to himself. Councillor Pietrangelo indicated a pecuniary interest to a wire transfer made to his employer, Niagara Catholic District School Board. Councillor Mayes indicated a conflict to report R- 2008 -17, due to insurance ramifications, his business. Mayor Salci indicated a pecuniary interest to cheque no. 319250 made payable to himself. DEPUTATIONS /PRESENTATIONS Committee Room 2 May 12, 2008 Carried Unanimously Steve Butz and Greg Shupe from the YMCA made a presentation to :Council on the YMCA facility, the programs and partnerships. A cheque was presented to the City in the amount of $450,000 as part of the ongoing partnership contribution toward the MacBain Community Centre. Rich Judge advised Council that this is a non profit group promoting the beautification of Chippawa and are funded solely by the generous donations of area businesses. He thanked Council for their support and presented a plaque to the City in appreciation of all their support. Background 2 May 12, 2008 Council Minutes ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that a grant equal to the costs associated with the temporary road closure of Laura Secord Place be permitted. Carried Unanimously PLANNING MATTERS PD- 2008 -38 -AM- 2008 -003, Zoning By- law AmendmentApplication, 6007 River Road, Applicant: David Hagerman, Proposed Cottage Rental Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Applicant has requested an amendment to the Zoning Bylaw for a 662 sq m (7129 sq ft) parcel of land. A two storey, single detached dwelling and a detached garage exist on the property. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Cottage Rental dwellings are a relatively new form of tourist accommodation that are similar in scale to bed and breakfast accommodations. Where bed and breakfasts are typically owner occupied homes providing overnight guest accommodation and prepared breakfasts, cottage rental dwellings are complete dwellings (with kitchen facilities available for the preparation of meals) rented out to small groups of travelers. Planning Analysis Official Plan Designated Residential in the Official Plan. Residential dwellings are intended to be the predominant land use. The land is located within the River Road Satellite Tourist District where bed and breakfast accommodations with up to four bedrooms for guests are permitted as long as the residential character of the neighbourhood is maintained. Cottage rental dwellings have been permitted in the district where they were determined to be compatible with the surrounding neighbourhood. This proposal conforms to the OP as follows: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations which are permitted by the OP in this area. No changes to the property or expansion of the dwelling are proposed A cottage rental dwelling is not expected to generate anymore traffic than a typical single detached dwelling. Provided the number of bedrooms in the dwelling is limited to four, the scale of use will not be increased, and will be compatible with surrounding residences and other tourist accommodations that are already permitted. Zoning Currently zoned Residential Single Family and Two Family, with special zoning provisions that allow the dwelling to be used for bed and breakfast accommodations. The zoning is requested to be amended site specifically to permit the existing dwelling to Corporate Services Department Clerk's Division Inter Department Memorandum Niagaia a11s TO: His Worship Mayor Ted Salci DATE: May 25, 2009 Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Request for Grant Equal to Waiver of Field Fees The City will be hosting the 2009 OFSAA Varsity Girls AAAA Soccer Tournament the first week of June. The event organizer has requested a grant equal to the field fees. As Council will recall, it approved PRC- 2009 -22, Youth Education Rate: Fees for the Artificial Turf Sports Field at Kalar Park. The purpose of the report was to approve a fee structure that encouraged school participation, and related tournaments, at the Artificial Turf. Arguably, the fee structure was set so it would be reasonable to users and the various schools and events would not be approaching Council for relief. PRC staff indicates the total cost for the tournament field fees will be $462. RECOMMENDATION: In Tight of the approved Youth Education Rate, the request be denied. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 20, 2009 His Worship Mayor Ted Said and Members of the Municipal Council City of Niagara Falls, Ontario N i a ara a11s G :1 iV: 1 I)'rl PRC- 2009 -22 r3e? rur�aPBk 4%iCsS: :ontafr bed in this report v ;aetkpted hyCi Council Members: 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 would bejeligible to use this educational rate. X 7150 Mor se Road njti Nia FalIs ON Canada L2H13N3 9()5 356 7521; wwvv.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture April 20, 2009 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 "Itwculd 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 se Morriss 2 PRC- 2009 -22 Director of Parks, Recreation Culture Ed Dujlovic,`E Director of Community Services S:1Council\ Council 2009\PRC- 2009 -22- Youth Education Rate Fees for the Artificial Turf Sports Field at Kalar Park.wpd 11(5/ Dean lorfida Re 2009 OFSAA Varsity Girls Soccer Tournament From: To: Date: Subject: Attachments: CC: Steve: My apologies for not responding sooner. City staff recognized the need for a Youth Education Rate for field fees. As a result, the attached report was recently approved. Parks Rec staff have indicated to me that as a result of the change in rates your event would be charged a more reasonable $462.00 I trust this is satisfactory. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 -356 -7521, Ext. 4271 905 -356 -9083 (Fax) Dean Iorfida Steve Abbruscato 4/29/2009 11:53 AM Re: 2009 OFSAA Varsity Girls Soccer Tournament educationfieldrates. pdf Carey Campbell; Denyse Morrissey; Rob McDonald "Steve Abbruscato" <sabbruscato(acogeco.ca> 4/6/2009 10:22 PM Hello Ms. Campbell and Mr. Iorfida, how are you? Mr. Iorfida my name is Steve Abbruscato and I teach at Saint Paul High School here in Niagara Falls. The reason why I am writing this letter to you is because Saint Paul High School will be hosting the 2009 AAAA OFSAA Varsity Girls Soccer Championships on June 4 -6. We have 16 teams coming from all over the province to the city of Niagara Falls. With over 320 players involved, this tournament promises to be very exciting and perhaps the first OFSAA soccer tournament the city has ever hosted, certainly the first Saint Paul has ever hosted. So to say the least we are very excited. During the tournament we will be using two venues to play our round robin games. We plan on using both the Home for Boys Soccer and the Home for Glrls Soccer facilties. I have contacted Mr. Rob Macdonald already and everything seems to be running very smoothly. I do have one request for you Mr. Iorfida, because this is such a prestigious event, a non profit sort of event that is school oriented, I would like to have the Turf Field fees at the Home for Girls Soccer waived for this tournament. You have to understand that I do not have a big budget to which to work with, so if I can get this fee waived I can use monies that I would be using on rental fees to pay for something else, something that may and can benefit the players directly. What do you think? I am not sure what the protocol is for a request of this nature but if I have to come in and make a more formal request infront of council I will do so. This tournament will showcase not only our school but also the City of Niagara Falls and i want to do the best possible job I can. Thank you for you time and I look forward to hearing from you soon. Sincerely, Steve Abbruscato Original Message From: Carey Campbell To: Steve Abbruscato Cc: Dean Iorfida Sent: Tuesday, March 10, 2009 11:13 AM Subject: Re: 2009 OFSAA Varsity Girls Soccer Tournament 1(5/19/2009) Dean lorfida Re 2009 OFSAA Varsity Girls Soccer Tournament From: "Steve Abbruscato" <sabbruscato @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca Date: 4/29/2009 4:20 PM Subject: Re: 2009 OFSAA Varsity Girls Soccer Tournament I am not sure what the set up is in other communities and I do really appreciate the time and effort Mr. lorfida, I just want you to know that if these fees can be waived all together I will be tremendously greatful. If they can't not a problem. $462.00 is fair but my budget is very minimal. The bulk of it will go towards paying referees, we probably won't even charge an admission fee because of the logistics of the fields being outdoors, at least not at the Home for Girls Soccer (Turf Field) so you see there really aren't additional funds being generated. Thank you very much. Steve Original Message From: "Dean lorfida" <diorfida @niagarafalls.ca> To: "Steve Abbruscato" <sabbruscato @cogeco.ca> Sent: Wednesday, April 29, 2009 4:00 PM Subject: Re: 2009 OFSAA Varsity Girls Soccer Tournament Have other municipalities done this, Steve? "Steve Abbruscato" <sabbruscato @cogeco.ca> 4/29/2009 2:57 PM Mr. lorfida, thank you for responding to my email. To be honest with you, I was hoping that city council would waive the fees altogether. Is this not an option? I realize that certain rules are in place but you have to understand that it is not everyday that an OFSAA tournament comes to the City of Niagara Falls. We have done so much work and this tournament will create alot of exposure for the city. SO, can the rental fees be waived all together? Steve Abbruscato Original Message From: "Dean lorfida" <diorfida @niagarafalls.ca> To: "Steve Abbruscato" <sabbruscato @cogeco.ca> Cc: "Carey Campbell" <ccampbell @niagarafalls.ca "Denyse Morrissey" <dmorrissey @niagarafalls.ca "Rob McDonald" <rmcdonald @niagarafalls.ca> Sent: Wednesday, April 29, 2009 11:53 AM Subject: Re: 2009 OFSAA Varsity Girls Soccer Tournament Steve: My apologies for not responding sooner. City staff recognized the need for a Youth Education Rate for field fees. As a result, the attached report was recently approved. Parks Rec staff have indicated to me that as a result of the change in rates your event would be charged a more reasonable $462.00 I trust this is satisfactory. Page 1 (5/19/2009 Dean lorfida Re 2009 OFSAA Varsity Girls Soccer Tournament Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Steve Abbruscato" <sabbruscato @cogeco.ca> 4/6/2009 10:22 PM Hello Ms. Campbell and Mr. Iorfida, how are you? Mr. lorfida my name is Steve Abbruscato and I teach at Saint Paul High School here in Niagara Falls. The reason why I am writing this letter to you is because Saint Paul High School will be hosting the 2009 AAAA OFSAA Varsity Girls Soccer Championships on June 4 -6. We have 16 teams coming from all over the province to the city of Niagara Falls. With over 320 players involved, this tournament promises to be very exciting and perhaps the first OFSAA soccer tournament the city has ever hosted, certainly the first Saint Paul has ever hosted. So to say the least we are very excited. During the tournament we will be using two venues to play our round robin games. We plan on using both the Home for Boys Soccer and the Home for Girls Soccer facilties. 1 have contacted Mr. Rob Macdonald already and everything seems to be running very smoothly. I do have one request for you Mr. lorfida, because this is such a prestigious event, a non profit sort of event that is school oriented, I would like to have the Turf Field fees at the Home for Girls Soccer waived for this tournament. You have to understand that I do not have a big budget to which to work with, so if I can get this fee waived I can use monies that I would be using on rental fees to pay for something else, something that may and can benefit the players directly. What do you think? I am not sure what the protocol is for a request of this nature but if I have to come in and make a more formal request infront of council I will do so. This tournament will showcase not only our school but also the City of Niagara Falls and i want to do the best possible job I can. Thank you for you time and I look forward to hearing from you soon. Sincerely, Steve Abbruscato Original Message From: Carey Campbell To: Steve Abbruscato Cc: Dean lorfida Sent: Tuesday, March 10, 2009 11:13 AM Subject: Re: 2009 OFSAA Varsity Girls Soccer Tournament Dear Steve: Thank you for your email to Mayor Salci. We would be happy to provide a welcome greeting from Mayor Salci for your OFSAA program, however, our office policy is such that we do not purchase ad space for this purpose. (5/19/2009) Dean lorfida Re: 2009 OFSAA Varsity Girls Soccer Tournament We may be able to consider another separate ad (ie. a business card sized ad) if you have this option available, but we would not purchase space for a greeting request. Please send me a rate card and ad size options and I will let you know what level of support our budget allows. I will look forward to your response and please let me know if you would still like a letter, of greeting from Mayor Salci. With regard to your request to have field fees waived, you must make this request formally to Mayor and Members of Council in the form of a written letter that should go to the City Clerk's office, so it will be brought forward at a future City Council meeting. I have copied City Clerk Dean lorfida on this response, so he is aware that your request may be forthcoming. Thank you for being in touch, Steve. Carey Campbell Carey E Campbell Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell @niagarafalls.ca "Steve Abbruscato" <sabbruscato @cogeco.ca> 3/9/2009 9:5 PM Hello your worship. How are you? Busy I bet? Anyways, Mr. Salci I have some questions for you that I would like answered. I now have attended three OFSAA soccer events and I am getting ready to host one in June of 2009. Now at these tournaments there has always been a tournament program that has been created for the players /coaches /fans etc. Usually on one of the first few pages the mayor of the city has always written a welcoming letter to the student athletes competing in the competition, I would like you to write one for my tournament program if that would not be too much to ask. We have set up costs for advertising in our program to help subsidize some of the expenses that we will be incurring. I was wondering if the city would like to buy a page in our program so that you can provide us with that welcoming letter from city hall? I was also wondering if the city would consider eliminating the rental fee for the turf field at the Home for Girls Soccer. This will be one of our venues and games will be played there on Thursday and Friday June 4 and 5. As you know, since this is a school related event, there is no profit being made by anyone, so any expenses wecan avoid, well we are trying to do that. Please get back to me at your earliest convenience. Thank you very much. PS- Will you be attending the banquet on June 4th at John Michaels Hall. I would love to have you there and if you can address the girls in a short speech that would be fantastic. -F...M (5 719 72009 lorfida Re 2009 OFSAA Varsity Girls SoccerTouriiament Steve Abbruscato Original Message From: Ted Salci To: Steve Abbruscato Cc: Cathy Crabbe Kristine Elia Sent: Tuesday, July 22, 2008 4:25 PM Subject: Re: Helllo! Dear Steve: Thank you for being in touch to tell me that St. Paul will be hosting Girls OFSAA Soccer next year. This is wonderful news. I would be pleased to be involved in any way I can. I addressed the athletes at 2008's OFSAA Track and Field hosted by A.N. Myer and I am sure our office can work with you to provide some support to the Girls Soccer competitors. I have forwarded this email to my staff members, Cathy Crabbe and Kristine Elia so they have the scheduling and participant information. Please work with them to coordinate the details as the time comes closer. Thank you for being in touch and best of luck for successful preparations. Regards, Ted Salci "Working together to serve our community" Mayor R. T. (Ted) Salci City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 tsalci @niagarafalls.ca Tel: 905 356 -7521, Ext. 4201 Fax: 905 374 -3557 "Steve Abbruscato" <sabbruscato @cogeco.ca> 7/22/2008 4:03 PM Hi your worship, my name is Steve Abbruscato and I am a high school teacher at Saint Paul High School in Niagara Falls. The reason for this email is to inform you that in June of 2009, Saint Paul will be hosting the 2009 Varsity Girls AAAA OFSAA Soccer championships. This promises to be a historic event not only for our school but for the city of Niagara Falls as well. Alot of preparation has already gone into this tournament. Hotels, banquet facilities, local media, and now the mayor's office have been contacted. With much more planning still ahead, I thought that I would inform you of what is going on and also ask that if there is anything that the city of Niagara Falls can do for the more 350 athletes and coaches coming to our city next June, that would be very much appreciated. I am not 5/19/2009) Dean lorfida Re 2009 OFSAA Varsity Girls Soccer Tournament sure what exactly lam looking for but I just want the girls to have a very enjoyable time here and I want them to be able to leave Niagara Falls with something that they can take home with them, win or lose. Also I want to invite you Your Worship to our OFSAA Championship banquet which will take place on June 4 at John Michael's Hall beginning at 6 pm. I thought that it would be a good idea for you to perhaps address the competitors from high schools all across the province while enjoying a wonderful meal on us of course. Your worship, I understand that you are a very busy man, but if you can get back to me soon, that would be great. Thank -you. Sincerely, Steve Abbruscato Page 51 Soccer Girls' AAAA 2009 Home Contacts Registration Information Accommodations Championship Playing Regulations Directions OFSAA Seeding Participants Schedule Results Sponsors Other Information Banquet Tournament Apparel Media Coverage Pictures OFSAA Website HOME Welcome to the 2009 OFSAA Girls AAAA Soccer Championship Website! Saint Paul Catholic High School in Niagara Falls is proud to be the host this year. The toumament runs from June 4 -6 here in Niagara Falls. From here you can access and download any necessary file's for information about the championship or to register your school for the championship if you won your association title! .There is still more info tote posted on this site as the championship draws near, so check back for updates. TRUE THIS OFSAA CHAMPIONSHIP SPORT IS A TRUE SPORT EVENT 1.1VE5 HEf COPYRIGHT 1996 2007 The Ontario Federation of School Athletic Associations Developed by e -Crew Page 1 of 1 http:// www .ofsaa.on.ca/girlsaaaasoccer/ 5/19/2009 City of Niagara Falls Transportation Services Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE: May 19, 2009 and Members of the Municipal Council FROM: Karl Dren, Director of Transportation Services RE: Request for Charter Transit Service North American Ranger Supporters Association (NARSA) Niagara Falls was chosen as the location for the 2009 North American Ranger Supporters Association (NARSA) Annual Conference. Delegates from all over the World will be attending the Conference on June 4, 5, 6 and 7, 2009. It is anticipated the 3000 persons will be attending the event. NARSA is requesting the supply of Transit Services for special event transportation for delegates on Friday June 5`". The estimated cost for the provision of this bus transportation is approximately $1000.00. The local organizing committee is requesting that Council consider providing a grant for the charter fees for Niagara Falls Transit Bus service for this event. Therefore, this request is being submitted for the consideration of Council. Working Together to Serve Our Community Parking Control Parking Operations Traffic Operations Transit Services Transportation Planning May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2009-24 Permanently Close Multiple Road Allowances Our File No.: 2006 -177 Niag araFalls RECOMMENDATION: That the road allowances lands set out herein be permanently closed. BACKGROUND: Working Together to Serve Our Community L- 2009 -24 There are several open road allowances located throughout Niagara Falls that have been determined not to be of use to the City and will be sold by auction. After several meetings with Staff, it was determined that there were no objections to the roads shown on the attachments being permanently closed, with some of the road allowances declared surplus and sold by auction. Public notice of the permanent closure was given in the May 16, 2009 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. 1. Glenholme Avenue Plan 44 is a road allowance north of Bellevue Street and is shown on Attachment "1". There are two opened road allowances located on the north and south sides of Bellevue Street. Both road allowances will have to be closed prior to sale. Also, the City should service and zone both properties prior to sale in order to maximize the revenue potential It appears that the road allowance on the south side of Bellevue Street will need to be cleaned up to remove the vehicles that the abutting landowners have parked on same. 2. Jones Street Plan 100 is a portion of a road allowance east of Montrose Road and south of Delta Drive and is shown on Attachment "2 3. Tad Street Plan 89 isjroad allowance west of Montrose Road and approximately midway between .Badger Road and Charnwood Avenue and is shown on Attachment 1 Canada L2E 6X5 905 w■w:niagarafalls.ca Corporate Services Department Legal Servic May 25, 2009 2 L- 2009 -24 4. Ethel Street Plan 89 is a road allowance west of Montrose Road and north of Charnwood Avenue and is shown on Attachment "4 5. Alem Street Plan 118 is a road allowance west of Montrose Road and south of Lundy's Lane and is shown on Attachment "5 6. Kenneth Avenue Plan 139 is a road allowance on the south side of Thorold Stone Road and east of Kalar Road and is shown on Attachment "6 7. Pew Street Plan 96 is a road allowance south of Lundy's Lane between Dorchester Road and Brookfield Avenue and is shown on Attachment "7 8. Part Graham Street Plan 94 designated as Parts 2, 3 and 11 on Reference Plan 59R -10309 is a road allowance east of Montrose Road and is shown on Attachment 9. Smith Avenue Plan 139 Stamford except Part 1 on Reference Plan 59R -3386 is a road allowance and is shown on Attachment "9 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Ken odd, Chief Administrative Officer fi=r HARPER DR Location: A- 2725????1001979 B- 2725 ?1001980 Potential Surplus Lands 1:NTS Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur.lusLands Sur.lusLands.ma Legend Subject Land _j Property Parcels Attachment Road Allowance for Closure Attachment Location: 272509000701450 MONTROSE RD 1:NTS Legend Subject Land 1 Property Parcels Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur•IusLands Sur•IusLands.ma. Potential Surplus Lands Location: 2725 ?1000916 MONTROSE RD N 1:NTS Legend Subject Land Property Parcels Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur.lusLands Sur.JusLands.ma Potential Surplus Lands Location: 2725 ?1000933 MONTROSE RD 2725 ?1000939 1 ft Reserve at West Side 1:NTS Legend Subject Land Property Parcels Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur.lusLands Sur.lusLands.ma Location: ALEM STREET ROAD ALLOWANCE N 1:NTS Legend Subject Land Property Parcels 1 1 Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur.IusLands Sur.lusLands.ma Potential Surplus Lands Attachment Location: KENNETH AVENUE ROAD ALLOWANCE 1:NTS Legend Subject Land Property Parcels Februa 2008 K: GIS Re•uests 2007 Custom InternalLe•al Sur•IusLands Sur•IusLands.ma Potential Surplus Lands Attachment Location: PEW STREET ROAD ALLOWANCE 1:NTS Legend Subject Land Property Parcels Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur•IusLands Sur.lusLands.ma Road Allowance for Closure Attachment 9 Location: 272509000702802 MONTROSE RD N 1:NTS Legend 1 Subject Land Property Parcels Februa 2008 K: GIS Re.uests 2007 Custom Internal Leal Sur.lusLands Sur•IusLands.ma Road Allowance for Closure Attachment Location: 2725 ?1002817 N 1:NTS Legend Subject Land 1 Property Parcels m Februa 2008 K: GIS Re•uests 2007 Custom Internal Leal Sur.lusLands Sur.lusLands.ma IVidy 40, LVV,:7 Ni His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Re: L- 2009 -22 Declare Surplus Two City Arenas 5145 Centre Street and 6570 Frederica Street Our File No.: 2008 -181 L'L V V V'LL 1. That the municipal arena located at 5145 Centre Street and known as Niagara Falls Memorial Arena "Memorial subject lands and shown hatched on Attachment "1", be declared surplus. 2 That the municipal arena loctated at 6570 Frederica Street and known as Stamford Memorial Arena /Jack Bell Arena "Stamford /Bell subject lands and shown hatched on Attachment "2 be declared surplus. The City is in the process of constructing a new quad pad arena, and once the new arena is operating it will no longer be necessary to keep the Memorial subject lands and the Stamford /Bell subject lands open and operating. As such, upon the opening of the new quad pad arena, the Memorial subject lands and Stamford /Bell subject lands will be surplus to the City's needs and could be sold in the near future. It is required that the Memorial subject lands and Stamford /Bell subject lands be declared suplus prior to the sale of same. Public notice of the declaration of surplus and sale was given in the May 16, 2009 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. Working Together to Serve Our Community Corporate Services Department Legal Services May 25, 2009 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 2 Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Ken T dd, Chief Administrative Officer L- 2009 -22 M11M11 6/11112 .11170» M11M111J 6111111// M10402 611 1121 M1I167F1 .111201 L (5/212009) bean lorfida RE Niagara Falls Memorial Arena 5145 Centre Street From: "John Mascarin" <jascarin @airdberlis.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 5/20/2009 10:21 AM Subject: RE: Niagara Falls Memorial Arena 5145 Centre Street CC: "Ken Beaman" <kbeaman @niagarafalls.ca "Lindsay Newton" <Inewton @airdbe... Mr. lorfida, Many thanks for your message it is much appreciated as is your efforts to notify us. We will undertake to attempt to review the local newspaper (although being out of town makes it much more difficult for us to do so hence the specific request for notice). My client is very interested in what will happen with the arena and is quite forceful in demanding that we advise it of any matters relating to the arena. Thank you once again for your note. John Original Message From: Dean lorfida mailto:diorfida @niagarafalls.ca] Sent: May 20, 2009 10:16 AM To: Lindsay Newton Cc: John Mascarin; Ken Beaman Subject: Re: Niagara Falls Memorial Arena 5145 Centre Street Thank you, Mr. Mascarin and Ms. Newton. I did receive your original correspondence and was going to be notifying you when we had finalized our next Council agenda (today or tomorrow). When the agenda is complete, I will send you the related report. It is our practice not to release draft reports or finalized reports until our Council members have received them. When you see the report, you will note that the municipality is merely declaring the property surplus. The municipality is not selling the property at this time. Although there is no statutory obligation for the Clerk to give notice to individual, specific property owners, it has always been my intention to give you a heads up, as per your letter. I would, however, suggest you continue to monitor the Friday or Saturday, Niagara Falls Review, where the municipality publishes such notices. Thanks Dean Dean lorfida, City Clerk Niagara Falls Page 1 :(5/ Dean lorfida RE a Niagar Falls Memorial Arena -5145 Centre Street 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Lindsay Newton" Inewton @airdberlis.com> 5/20/2009 9:54 AM Mr. lorfida, Please find attached correspondence from our office with respect to the above -noted property. Lindsay Newton 1 Assistant to John Mascarin Aird Berlis LLP Barristers and Solicitors Brookfield Place 1 181 Bay Street Suite 1800 1 Box 754 Toronto, Ontario, Canada M5J 2T9 Tel: 416.865.7789 x3141 1 Fax: 416.863.1515 E -mail: Inewton @airdberlis.com www.airdberlis.com This email may contain confidential and /or privileged information for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you have received this email in error, please contact the sender and delete all copies. Opinions, conclusions or other information expressed or contained in this email are not given or endorsed by the sender unless otherwise affirmed independently by the sender. Page 2' Re Niagara Falls Memorial Arena, 5145 Centre Street, Niagara Falls We are solicitors for Post Foods Canada Corp., the registered owner of 5651 Lewis Avenue and the Kraft Niagara Falls production facility. We understand that due to the development of the Gale Centre, the City of Niagara Falls is considering divesting itself of the Niagara Falls Memorial Arena and the lands upon which it is situated at 5145 Centre Street (the "Arena The Arena is located directly across the street from our client's property. On behalf of our client, we request notice of any public meeting, any staff report prepared, any consideration by any committee or by Council and any future decisions or approvals granted by the City of Niagara Falls in respect of this matter. We thank you in advance for your assistance in this matter. Please do not hesitate to contact the undersigned if you have any questions respecting our request or this matter. Yours very truly, AIRD BERLIS LLP c. April 21, 2009 BY FACSIMILE MAIL Dean lorfida City Clerk City of Niagara Falls City Hall, 4310 Queen Street Box 1023, Station Main Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: 5156278.1 Helen Varley AIRD BERLIS LLP Barristers and Solicitors John Mascarin Direct: 416.865.7721 Email: jmascarin ct?t airdberlistrom Brookfield Place, 181 Bay Street, Suite 1800, Box 754 Toronto, ON M51 2T9 Canada T 416.863.1500 F 416.863.1515 www.airdberlis.com File No.: 101838 05/20/2009 10:39 FAX 416 863 1515 May 20, 2009 BY FACSIMILE MAIL File No.: 101838 Dean lorfida City Clerk City of Niagara Falls City Hall, 4310 Queen Street Box 1023, Station Main Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re Niagara Falls Memorial Arena, 5145 Centre Street, Niagara Falls We are solicitors for Post Foods Canada Corp., the registered owner of 5651 Lewis Avenue and the Kraft Niagara Falls production facility. We wrote to you on April 21, 2009 (copy attached) advising of our client's interest respecting any disposition or other matters relating to the Niagara Falls Memorial Arena and the lands upon which it is situated at 5145 Centre Street (the "Arena As noted, the Arena is located directly across the street from our client's property. Our request was specific in asking that we be apprised and provided with notice of any public meeting, any staff report prepared, any consideration by any committee or by Council and any future decisions or approvals granted by the City of Niagara Falls in respect of the Arena. We are writing to you again because we note that a Public Notice was published in the Saturday May 16, 2009 edition of the local newspaper contained a proposed declaration of surplus lands, including the Arena. We reiterate our request to be provided with notice of any public meeting, staff reports, consideration by City Committees and Council respecting the Arena. Should you have any questions respecting our request or this matter, please do not hesitate to contact the undersigned. Yours very truly, AIRD BERLIS LLP c. Helen Varley 5273164.1 1.,4.,10. AIRD BERLIS LLP 2002/003 AIRD BERLIS �rr� Derrlsters Arid Solicitors John Mescerfn Direct: 416.665.7721 Email: Jmasr,.�rinjaIrdIrrtls.cpm Brookfield Place, 181 Day Street, Suite 1800, Box 754 Toronto, ON M5.1 2T9 Canada 416,863,1500 416.863.1515 November 03, 2008 To members of council Niagara Falls Memorial arena property. This letter confirms Avro Aerospace interest in acquiring the option to Purchase the Niagara Falls Memorial arena property. It is understood that other offers have come forward and we would like To be included in bidding or negotiating to purchase the property. We also understand that the property may not be available till 2010. Also we would hope that the disposal of this asset that the city would like to get the best value for it as real estate prices are on the falling side of things. Hopefully you will get this letter before any decisions are made in haste. I can be reached by email maximumice @bellnet.ca or phone 905- 321 -4423 Sincerely. John Beam Avro Aerospace May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2009 -21 Sign By -law Amendment Our File No. 2002 -587 RECOMMENDATION: BACKGROUND: L- 2009 -21 That the Sign by -law be amended to permit the encroachment of canopy and awning signs over City road allowances in the following way: 1. That section 7 of By -law No. 2008 -224 be amended to add to it the following: 7.3.5 Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 2. That section 10 of By -law No. 2008 -224 be amended to add to it the following: 10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. Sign By -law No. 2008 -224 was enacted by Council on December 15, 2008. Section 3.6.1 of that by -law prohibited any sign that is located on or over public property. Public property would include a municipal road allowance. There is an exception to this general prohibition for projecting signs. In the course of administering the by -law, Staff have encountered a number of applications for sign permits involving canopy and awning signs that are intended to extend over the sidewalk portion of the City road allowance. Staff are of the view that these applications should be considered to be routine matters and Working Together to Serve Our Community Corporate Services Department Legal Services May 25, 2009 that the applicants should not be compelled to apply for a variance or amendment to the by -law to obtain their sign permit. Many, if not all, of these applications require a building permit and so there is protection to the public with respect to the structural aspects of these signs. The proposed additional wording to the by -law would permit canopy and awning signs to encroach upon the City road allowance to the same extent as was permitted for projecting signs in the original by -law. As these signs constitute encroachments upon the City road allowance, Staff propose that such signs also require an Encroachment Permit, in order that the City can ensure that the owner of the sign will provide insurance that can be called upon in the event the sign causes any damage. Staff believe that the proposed amendments will simplify and speed up the process for dealing with these routine applications. Recommended by: Approved by: Respectfully submitted: KB /sm 2 L- 2009 -21 Ken Beaman, City Solicitor 6r K. E. Burde Executive Director of Corporate Services Ken Todd, Chief Administrative Officer May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CPS -2009- 04 Reserve Fund for the Development and Sale of Surplus Land RECOMMENDATION: BACKGROUND: Approved by: Respectfully submitted: /vuteee.0 K.E. Burden, Executive Director of Corporate Services Todd, Chief Administrative Officer Working Together to Serve Our Community CPS 2009 -04 That a Reserve Fund of $100,000 be established and maintained to provide funds for the development and sale of surplus City lands. Council requested Staff to investigate the development and sale of surplus lands. Proceeds from the sales would be used to supplement the General Revenues, or be directed by Council for specific purposes. Development costs usually include obtaining certified appraisals and advertisement. Sometimes surplus land values can be enhanced by incurring costs for an environmental assessment, demolition, asbestos containment or removal, and perhaps re- zoning to upgrade the potential land use. The funds to pay for development costs are usually borrowed from the City's reserves. Upon the sale of land, the reserves are replenished from the safe proceeds. A dedicated reserve fund would better serve the financial needs, rather than using various reserves. Staff recommends that a Reserve Fund be established and maintained to provide funds for the development and sale of surplus City lands. An initial deposit of $100,000 could be allocated from the proceeds of the 2009 land sale to Crosslink, and maintained at this amount from future land sale proceeds as needed. Upon approval, Staff will prepare the appropriate bylaw for the next Council meeting. Corporate Services Department May 25, 2009 FS- 2009 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS- 2009 -04 Emergency Generator Purchase RECOMMENDATION: That Council approve the purchase a portable emergency generator from Stephenson's Rental. BACKGROUND: In the event of an emergency affecting Niagara Falls, the possibility of a widespread power outage exists. In order to ensure the continuity of service, it is necessary to have an alternate supply of power available to our fire stations. As well, this unit could be further utilized if necessary to provide power to other areas such as the hospital, designated evacuation centres, or convalescent homes. A request for quotations (Q65 -2008) closed October 16, 2008 with a total of five (5) quotes received which met the requirements. All quotes include taxes. They are as follows: Battlefield Equipment Stephenson's Rental Federal Contracts Corp. All Pro Rentals Total Power Ltd. $29,973.25* $37,608.66 $38,386.10 (US) $54,234.35 $61,924.00 The quotation was evaluated on factors such as compliance with specifications, meets the division's needs, delivery time, warranty and guarantee details and pricing remaining firm from date of quotation closing (Oct. '08) to date of purchase (Spring '09). Price, alone, would not be the determining factor of the successful supplier, as stipulated in the quotation document. Stephenson's Rental is being recommended because their generator has greater power (kilowatts) and double the fuel capacity of the generator offered by Battlefield Equipment. In addition, Battlefield Equipment• could not guarantee their pricing would remain firm between October '08 and this spring, when the purchase was contemplated. c rrrson,Strt* agars Falls, faa Working Together to Serve Our Community Fire Services May 25, 2009 Funding for the purchase has been approved through Capital Account #12- 3- 210039- 030000. An application to the Joint Emergency Preparedness Program (JEPP) for funding for the purchase was successful, providing $10,000 towar the pu chase of this generator. Recommended by: Respectfully submitted: Pross.tc 2 Ken Todd, Chief Administrative Officer FS- 2009 -04 May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -28 Interest Policy Capital Projects The Finance division has been reviewing the policies and practices with the objective of providing Council and other stakeholders with enhanced financial information. In addition, the review has been conducted to ensure that the City policies are consistent with the recommendations by PSAB regarding capital asset accounting. With consideration of these objectives, staff is recommending that a new policy be adopted for the allocation of interest cost to capital projects. Specifically, all capital projects will be charged an interest expense at the end of the fiscal year on the unfunded portion of the project as outlined in the policy. This will result in the carrying cost of a project being reflected in the asset value. This policy is consistent with the standards provided in capital asset accounting. Similarly, projects that are overfunded will receive interest revenue as outlined in the policy. RECOMMENDATION: That Council adopt the Interest Policy for capital projects. BACKGROUND: Recommended by: Approved by: Respectfully submitted: Todd Harrison, it e ctor of 'finance Ken Burden, Executive Director of Corporate Services Chief Administrative Officer Working Together to Serve Our Community F- 2009 -28 Corporate Services Department Finance May 25, 2009 DEPARTMENT: CORPORATE SERVICES FINANCE DATE EFFECTED January 1, 2009 DATE OF REVISION PROCEDURE: INTEREST POLICY FOR CAPITAL PROJECTS Financial Policy Interest Policy for Capital Projects 1. Purpose The purpose of this policy is to determine the interest expense incurred on capital projects during construction. In addition, the purpose is to determine internal revenue for approved capital projects that have designated and available funding. The policy incorporates the following: a) qualified projects b) rates of interest c) methodology d) funding 2 2. A) Qualified Projects Interest Expense Capital projects are those projects that are identified and approved in the annual Capital Budget. Since work schedules for capital works will vary for a variety of factors, the policy identifies three specific projects which would record interest expense: a) projects completed but unfunded at year end b) projects unfunded during construction phase c) projects ongoing at year end B) Qualified Projects Interest Revenue 3. Rates of Interest F- 2009 -28 Projects that are overfunded will receive interest revenue on any surplus funds in the project account. This will be used as a source of funding for the project. In the event that a project is approved, funded but not started at year end, staff will provide a separate report outlining the status of that project to Council. a) The rate of interest charged to capital projects identified in (2) is the rate of interest charged by its financial institution for the City's operating line of credit at the time of calculation b) The rate of interest earned by projects will be the City's rate of interest on short term deposits. May 25, 2009 3 F- 2009 -28 4. Methodology of Applying Interest to Capital Projects Interest will be charged to each capital project in a unfunded position on a monthly basis at the applicable rates of interest. The interest charge will become a capitalized cost of the project. Interest will be applied to capital projects that are overfunded at the end of the year using the rates applicable. 5. Allocation of Approved Funding The funding of projects come from a variety of sources. Examples of sources include grants from other government levels, development charges reserves, transfer from operating budgets (tax, water and sewer), from other reserve accounts, from stakeholder contributions and other sources. At the time that projects are approved within the capital budget the available funding sources should be transferred to each project. Funding from all reserve funds and development charge reserves will be performed at year end. Outstanding Taxes March 31, 2009 55,866,020 Penalty charged in April 272,245 Taxes Collected during March 26,174,501 Outstanding Taxes April 30, 2009 29,963,764 Taxes Past Due 29,963,764 May 25, 2009 F- 2009 -30 Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario ,Fa lls CANADA Re: F- 2009 -30 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 April 2009. Canada 1L2E6X5 905 356.7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance May 25, 2009 2 F- 2009 -30 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 April 30, 2009 As this chart identifies, the two largest property classes, commercial (54.5 and residential (41.3 are the largest contributors to the amounts owed as at April 30, 2009. As the month ending April 30 represents the final collection date of the 2009 interim tax levy, it is useful to compare the City's tax receivable balance with that of the same period in 2008. The tax receivable balance was $27,001,958 for the same period in 2008. The tax receivable balance has increased by $2,961,806 or 10.9% for 2009. In addition, a further analysis, calculating the monthly tax receivable as a percentage of the interim levy shows that this indicator shows a relative increase of 8.3 Both of these indicators suggest that staff's continued focus on tax collection activities is necessary. 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 four months of activity. Taxes Owing of Property Class Receivables Residential $12,388,918 41.35% Multi- Residential 318,788 1.06% Commercial 16,332,763 54.51% Industrial 895,795 2.99% Farmlands 27,500 0.09% Total Receivables $29,963,764 100.00% May 25, 2009 2 F- 2009 -30 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 April 30, 2009 As this chart identifies, the two largest property classes, commercial (54.5 and residential (41.3 are the largest contributors to the amounts owed as at April 30, 2009. As the month ending April 30 represents the final collection date of the 2009 interim tax levy, it is useful to compare the City's tax receivable balance with that of the same period in 2008. The tax receivable balance was $27,001,958 for the same period in 2008. The tax receivable balance has increased by $2,961,806 or 10.9% for 2009. In addition, a further analysis, calculating the monthly tax receivable as a percentage of the interim levy shows that this indicator shows a relative increase of 8.3 Both of these indicators suggest that staff's continued focus on tax collection activities is necessary. 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 four months of activity. Scheduled Sales Tax Date Number of Properties Taxes Outstanding Amount November 2009 24 $654,189 May 2010 21 $1,510,706 Totals 45 $2,164,895 May 25, 2009 Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harriso Ken Burden Ex Ken Todd, 3 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Sent for Registration Properties Subject to Registration 364 44 266 53 1 364 12.1% 73.1% 14.6% 0.2% 100% This chart shows that 73% of the tax accounts have made payment arrangements. 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 April 30, 2009. cutive Director hief Administrative Officer f Corporate Services F- 2009 -30 May 25, 2009 F- 2009 -31 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -31 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $8,403,621.33 for the period April 2, 2009 to April 29, 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. Recommended by: Approved by: Respectfully submitted: Niag araJlalls C A N A D A Todd Halirison, Dire Ken Bur tor of Finance Ken Todd, Chief Administrative Officer ector of Corporate Services treet PO B ox 1;023 Niagara Falls ON Canada; L2E 6X5 905- 356'7521 inrww.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1149948 ONTARIO LTD 2100422 ONTARIO LIMITED 3414574 CANADA INC. EMBASSY SUITES 3C INTERNATIONAL CIO CLARKE SNOW RILEY LLP 4 OFFICE AUTOMATION LTD 91.7 GIANT FM 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP A COUPLE OF CHICKS MARKETING LTD ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ADVANCE TOWING AECOM CANADA LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALL PRO RENTALS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMCTO ZONE 3 SECRETARY TREASURER ANTONSEN,DAVID APPLIED RESEARCH ASSOCIATES INC AQUICON CONSTRUCTION CO LTD ART WORKS PHOTOGRAPHY ASSOCIATED ENGINEERING (ONT) LTD AUDIBERT,F. AVIS CAR INC B B LIFT TRUCK SERVICE BAIN PRINTING LIMITED BANK OF MONTREAL BARNSLEY,JOHN BARRY BRYAN ASSOCIATES (1991) LTD BARRY BRYAN ASSOCIATES (1991) LTD BARRY J. LEGG NEGOTIATING SERVICES BARRY J. LEGG NEGOTIATING SERVICES BASS,GEORGE BATTLEFIELD ADVERTISING BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BELL CANADA BELL CANADA BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIRMINGHAM FIRE CONTROL BLACK MCDONALD LTD BOB ROBINSON SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BONK,KEN BORDEN LADNER GERVAIS BORDER PONTIAC BUICK GMC LTD BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRENNAN,JIM BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BUNTIN REID BUNTIN REID BURDON,JEFF BURKE GROUP THE BURKE GROUP THE C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CAMPBELL,CAREY Cheque No. Cheque Date Purpose Page 1 of 7 Amount 328091 22- Apr -2009 REFUND 800.00 328092 22- Apr -2009 REFUND Roll No. 27250800010700 7,932.73 328093 22- Apr -2009 REFUND Roll No. 27250700021470 27,524.33 328094 22- Apr -2009 ADMINISTRATIVE 221.65 327974 15- Apr -2009 SUPPLIES 30.61 328095 22- Apr -2009 SPONSORSHIP 500.00 328096 22- Apr -2009 MAINTENANCE /REPAIRS 640.50 328098 22- Apr -2009 SERVICES 6,195.00 327872 08- Apr -2009 SERVICES 89.25 328097 22- Apr -2009 MATERIALS 166.95 327975 15- Apr -2009 SERVICES 84.25 328099 22- Apr -2009 CONSULTING SERVICES GRASSY 7,767.86 327873 08- Apr -2009 MATERIALS 8,416.18 327976 15- Apr -2009 MATERIALS 5,152.48 328100 22- Apr -2009 MATERIALS 4,763.73 328260 29- Apr -2009 MAINTENANCE /REPAIRS 1,813.97 328101 22- Apr -2009 MAINTENANCE /REPAIRS FENCE -L 305.10 327874 08- Apr -2009 PAYROLL REMITTANCE 590.91 327977 15- Apr -2009 PAYROLL REMITTANCE 545.43 328261 29- Apr -2009 PAYROLL REMITTANCE 1,113.60 327978 15- Apr -2009 ADMINISTRATIVE 50.00 327875 08- Apr -2009 TRAVEL/MILEAGE 147.00 328102 22- Apr -2009 CONTRACT SERVICES 7,875.00 327876 08- Apr -2009 CONTRACT SERVICES 1,725,848.78 328103 22- Apr -2009 ADVERTISING -QUEEN STREET FL) 59.40 327877 08- Apr -2009 CONSULTING SERVICES 19,822.92 327878 08- Apr -2009 MATERIALS 150.00 327879 08- Apr -2009 REFUND DUPLICATE PAYMENT 20.00 327880 08- Apr -2009 MATERIALS 759.98 327881 08- Apr -2009 MATERIALS 113.00 328263 29- Apr -2009 REFUND OVERPAYMENT RE: MAE' 115.05 328264 29- Apr -2009 TRAVEL /MILEAGE APR 2009 160.00 327882 08- Apr -2009 CONTRACT SERVICES 32,068.24 328265 29- Apr -2009 CONTRACT SERVICES -4 -PAD AREI 20,015.44 327883 08- Apr -2009 SERVICES MCLEOD RD /KALAR RD 2,953.10 328104 22- Apr -2009 CONSULTING SERVICES WARREN 834.17 327884 08- Apr -2009 REFUND 145.00 328106 22- Apr -2009 MATERIALS 954.62 328105 22- Apr -2009 MATERIALS 2,333.16 327980 15- Apr -2009 TRAVEL /MILEAGE 96.68 327885 08- Apr -2009 UTILITIES 113.00 328108 22- Apr -2009 UTILITIES 15.24 328266 29- Apr -2009 LEASES AND RENTS KUBOTA L39 1,808.00 328267 29- Apr -2009 MATERIALS 310.00 327886 08- Apr -2009 MATERIALS 165.55 328110 22- Apr -2009 MATERIALS 1,192.40 328268 29- Apr -2009 MATERIALS 1,292.72 328269 29- Apr -2009 SERVICES 171.94 328111 22- Apr -2009 CONTRACT SERVICES ANNUAL PF 2,500.05 327951 08- Apr -2009 CONTRACT SERVICES 3,118.50 327870 03- Apr -2009 CONTRACT SERVICES 2,696,496.07 327982 15- Apr -2009 REFUND 40.00 328112 22- Apr -2009 CONSULTING SERVICES OLG 2,205.04 328270 29- Apr -2009 MAINTENANCE /REPAIRS GMC Sit 98.43 328272 29- Apr -2009 GRANT ALLOWANCE MAY 09 8,933.31 328113 22- Apr -2009 ADVERTISING 4,287.85 328114 22- Apr -2009 ADMINISTRATIVE 187.52 327983 15- Apr -2009 MATERIALS 75.60 328115 22- Apr -2009 CONTRACT SERVICES 1,410.37 327984 15- Apr -2009 MATERIALS P82.86 328116 22- Apr -2009 MATERIALS 42.38 328258 27- Apr -2009 SERVICES 7P1.88 328259 28- Apr -2009 CONSULTING SERVICES 6,000.00 328257 27- Apr -2009 REFUND -RE 2100422 ONTARIO PF 1,279.70 327985 15- Apr -2009 MATERIALS 226.49 328118 22- Apr -2009 MATERIALS 204.01 327986 15- Apr -2009 TRAVEL /MILEAGE 150.00 327987 15- Apr -2009 SERVICES 393.75 328273 29- Apr -2009 CONSULTING SERVICES -ESC TES' 252.00 328000 15- Apr -2009 MATERIALS 11,854.35 328274 29- Apr -2009 SERVICES -GPRS APR 09 915.30 328275 29- Apr -2009 TRAVEL /MILEAGE MARCH 2009 60.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADA BREAD ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADIAN NATIONAL CANADIAN PACIFIC. RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES INC CARSWELL CARTER,HUGH CATILYST CENTRAL TRANSPORTATION REPAIRS INC CENTRAL TRANSPORTATION REPAIRS INC CENTRAL TRANSPORTATION REPAIRS INC CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CHARLES,TIM CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPPAWA LIONS CLUB CHYTRA,ZENON CIBC MORTGAGES INC CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CLAYDON,JEFF COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERNATIONAL INC CONTINENTAL TIRE CANADA INC CORIX WATER PRODUCTS (EAST) INC CORIX WATER PRODUCTS (EAST) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES DALE CARNEGIE BUSINESS GROUP CANADA DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESMORMEAUX,RAY DEVRON PIPE SALES DIMOND,DONALD KEVIN DOBBIN,DEBI DOUBLETREE RESORT LODGE SPA FALLSVIEW DRAFTING CLINIC CANADA LTD DRAWING CENTRE DREN,KARL DUPUIS,ULY DYNACLEAN E3 LABORATORIES EASTLAND GRAPHICS EASTLAND GRAPHICS EASTLAND GRAPHICS EDUCATIONAL NEWS NIAGARA ELECTECH ELECTRICAL SAFETY AUTHORITY Cheque No. Cheque Date Purpose 327887 08- A0-2009 MATERIALS 327988 15- Apr -2009 MATERIALS 328119 22- Apr -2009 SUPPLIES CONCESSION 328276 29- Apr -2009 MATERIALS 328122 22- Apr -2009 CONTRACT (GATES /SIGNAL MAIN1 328120 22- Apr -2009 CONTRACT SERVICES 327989 15- Apr -2009 SERVICES 327990 15- Apr -2009 MATERIALS 328124 22- Apr -2009 MATERIALS 328277 29- Apr -2009 SERVICES 328125 22- Apr -2009 SERVICES 327991 15- Apr -2009 MATERIALS 328278 29- Apr -2009 SAFETY BOOT REIMBURSEMENT 2 327888 08- Apr -2009 SERVICES 327889 08- Apr -2009 MATERIALS 327992 15- Apr -2009 MATERIALS 328127 22- Apr -2009 MATERIALS REPAIRS /PAINT 2006 327890 08- Apr -2009 MATERIALS 327993 15- Apr -2009 MATERIALS 328128 22- Apr -2009 MATERIALS 327892 08- Apr -2009 REFUND 327891 08- Apr -2009 MATERIALS 327994 15- Apr -2009 MATERIALS 328129 22- Apr -2009 MATERIALS 328279 29- Apr -2009 MATERIALS 327894 08- Apr -2009 REFUND REIMBURSEMENT OF INF 328130 22- Apr -2009 ADMINISTRATIVE 328280 29- Apr -2009 REFUND OVERPAYMENT- CORKUN 327895 08- Apr -2009 MATERIALS 327996 15- Apr -2009 MATERIALS 328131 22- Apr -2009 MATERIALS -LEAK DETECTOR (CHI 328132 _22- Apr -2009 LEASES AND RENTS 327896 08- Apr -2009 TRAVEL/MILEAGE 328133 22- Apr -2009 CONSULTING SERVICES -KALAR RI 327897 08- Apr -2009 UTILITIES 328134 22- Apr -2009 SERVICES 327997 15- Apr -2009 REFUND 327898 08- Apr -2009 CONTRACT SERVICES 328135 22- Apr -2009 CONTRACT SERVICES 328281 29- Apr -2009 MATERIALS 327998 15- Apr -2009 MATERIALS 327900 08- Apr -2009 MATERIALS 328136 22- Apr -2009 MATERIALS 327901 08- Apr -2009 SERVICES 327999 15- Apr -2009 SERVICES 328137 22- Apr -2009 SERVICES 328138 22- Apr -2009 SERVICES 327902 08- Apr -2009 PAYROLL REMITTANCE 328001 15- Apr -2009 PAYROLL REMITTANCE 328139 22- Apr -2009 ADMINISTRATIVE 328283 29- Apr -2009 PAYROLL REMITTANCE 328140 22- Apr -2009 SERVICES 328141 22- Apr -2009 REMITTANCE- TUITION H. DALTON 327904 08- Apr -2009 SERVICES 328002 15- Apr -2009 SERVICES 328142 22- Apr -2009 MATERIALS 328003 15- Apr -2009 TRAVEL/MILEAGE 328143 22- Apr -2009 MATERIALS 327905 08- Apr -2009 REFUND SERVICE DEPOSIT 328144 22- Apr -2009 ADMINISTRATIVE 328145 22- Apr -2009 MATERIALS 327906 08- Apr -2009 SERVICES 328284 29- Apr -2009 MATERIALS 328004 15- Apr -2009 TRAVEL/MILEAGE 328146 22 -Apr -2009 TRAVEL /MILEAGE 328147 22- Apr -2009 SERVICES 328148 22- Apr -2009 CONTRACT SERVICES -WATER TEI 327907 08- Apr -2009 SERVICES 328149 22- Apr -2009 MATERIALS 328285 29- Apr -2009 SERVICES TRANSIT LOGO DESIGN 328150 22- Apr -2009 MATERIALS 327909 08- Apr -2009 MATERIALS 328151 22- Apr -2009 SERVICES Page 2 of 7 Amount 78.00 52.00 50.10 63.10 3,396.24 1,018.23 194.25 907.51 2,443.77 264.60 927.63 81.85 112.99 2,026.08 5,628.98 2,108.39 4,294.46 798.02 49.28 348.08 40.00 59.66 564.77 1,176.10 1,810.19 8,910.00 104.00 906.09 7,481.87 4,987.50 4,438.35 1,056.54 150.00 38,056.20 216.54 663.53 40.00 22,127.86 20,916.11 415.59 1,775.14 2,350.40 2,350.40 4,805.00 3,405.40 2;165.00 1,575.00 3,525.93 3,504.50 3,965.45 3,970.27 2,943.94 787.50 561.21 84.75 2,532.60 37.50 753.72 750.00 493.69 630.98 453.25 540.58 52.00 167.50 1,155.00 3,452.02 882.00 609.00 630.00 109.00 372.90 8,574.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ELECTROMEGA LTD EMCO CORPORATION EMCO CORPORATION EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ETHERINGTON,DAVE EVANOFF,VICTOR EYECATCHING PRINTS FALLS ELECTRIC INC FALLS ELECTRIC INC FEREN SIGNS AWNINGS LTD FEREN SIGNS AWNINGS LTD FIRE GROUP FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOWMETRIX TECHNICAL SERVICES INC FLOWMETRIX TECHNICAL SERVICES INC G K SERVICES CANADA INC G K SERVICES CANADA INC GABRIELES CUSTOM CATERING GALES GAS BARS GALT MACHINE KNIFE SAW GEORGE BAILEY GEORGIAN FIREGEAR SERVICE GERRIE ELECTRIC WHOLESALE LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GLOBALSTAR CANADA SATELLITE CO GOODLIFE FITNESS CLUBS GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUGLIOTTA,JOE GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HARPER POWER PRODUCTS INC HICKS,DEREK HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOLLAND,BRIAN HOLMAN,GEOFF HUNTON,GAIL HY GRADE PRECAST CONCRETE IBI GROUP INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA IOANNONI,CARMINE J &B J &B J &B JACKET CELLAR THE JACKSON,DAVE JAMES ROCCA BARRISTER (IN TRUST) Cheque No. Cheque Date Purpose 327910 08- Apr -2009 MATERIALS 328005 15- Apr -2009 MATERIALS 328152 22- Apr -2009 MATERIALS 328153 22- Apr -2009 MATERIALS 328006 15- Apr -2009 UTILITIES 328154 22- Apr -2009 UTILITIES 328286 29- Apr -2009 UTILITIES 328155 22- Apr -2009 SERVICES -LIONS PK WASHROOM 328007 15- Apr -2009 TRAVEL /MILEAGE 328008 15- Apr -2009 TRAVEL /MILEAGE 328009 15- Apr -2009 MATERIALS 328010 15- Apr -2009 MATERIALS 328156 22- Apr -2009 MATERIALS 327912 08- Apr -2009 MATERIALS 328157 22- Apr -2009 MATERIALS 328011 15- Apr -2009 MATERIALS 327913 08- Apr -2009 CONTRACT SERVICES 328158 22- Apr -2009 MATERIALS 327914 08- Apr -2009 MATERIALS 328012 15- Apr -2009 MATERIALS 328159 22- Apr -2009 MATERIALS 328013 15- Apr -2009 SERVICES 328160 22 -Apr -2009 MATERIALS 327916 08- Apr -2009 MATERIALS 328165 22- Apr -2009 MATERIALS 328014 15- Apr -2009 MATERIALS 328161 22- Apr -2009 FUEL 328162 22- Apr -2009 SERVICES BLADES 328163 22- Apr -2009 SERVICES 327915 08- Apr -2009 MATERIALS 328164 22- Apr -2009 MATERIALS 327917 08- Apr -2009 MATERIALS 328015 15- Apr -2009 MATERIALS 328166 22- Apr -2009 MATERIALS 327918 08- Apr -2009 SERVICES 328167 22- Apr -2009 UTILITIES 327919 08- Apr -2009 REMITTANCE- MEMBERSHIP 327920 08- Apr -2009 MATERIALS 328016 15- Apr -2009 MATERIALS 328168 22- Apr -2009 MATERIALS 328288 29- Apr -2009 MATERIALS 328289 29- Apr -2009 PAYROLL REMITTANCE 328170 22- Apr -2009 MATERIALS 328290 29- Apr -2009 CONTRACT SERVICES STREETLIG 327921 08- Apr -2009 MATERIALS 328017 15- Apr -2009 MATERIALS 328291 29- Apr -2009 STORES /INVENTORY 328172 22- Apr -2009 ADMINISTRATIVE 328173 22- Apr -2009 MATERIALS 327922 08- Apr -2009 SERVICES 328018 15- Apr -2009 SERVICES 328174 22- Apr -2009 SERVICES 328292 29- Apr -2009 MAINTENANCE /REPAIRS 328019 15- Apr -2009 MATERIALS 328020 15- Apr -2009 REFUND 328176 22- Apr -2009 CONSULTING SERVICES 328293 29- Apr -2009 CONSULTING SERVICES 328177 22- Apr -2009 LEASES AND RENTS -ELGIN BLOCk 328294 29- Apr -2009 SAFETY BOOTS 328021 15- Apr -2009 TRAVEL/MILEAGE 328295 29- Apr -2009 TRAVEL /MILEAGE MAR 2009 328178 22- Apr -2009 MATERIALS 327923 08- Apr -2009 CONSULTING SERVICES 328179 22- Apr -2009 MATERIALS 327924 08- Apr -2009 MATERIALS 328180 22- Apr -2009 MATERIALS -COLD PATCH 328296 29- Apr -2009 REIMBURSEMENT EMPL. PURCH/ 328022 15- Apr -2009 ADMINISTRATIVE 328182 22- Apr -2009 MATERIALS 328297 29- Apr -2009 COURIER 328023 15- Apr -2009 MATERIALS 328024 15- Apr -2009 TRAVEL /MILEAGE 328346 29- Apr -2009 REFUND RE: 2008/97A 2008/97 Page 3 of 7 Amount 2,017.05 2,987.29 2,879.07 301.88 3,816.57 37,137.84 1,336.58 2,621.51 114.00 54.00 140.40 1,649.25 2,216.03 1,762.80 2,904.10 126.68 3,508.36 638.86 126.70 192.86 3,136.61 2,732.16 284.17 110.99 133.59 265.20 89.10 135.60 360.00 444.13 1,152.60 752.47 4,821.73 1,254.30 126.45 266.34 349.65 426.03 18.08 575.07 343.44 47.00 10,401.65 20,678.40 2,874.75 2,614.80 4,189.90 253.15 932.25 358.06 179.03 800.53 179.03 24,688.04 190.00 1,465.28 468.55 3,254.87 150.00 35.00 66.00 877.11 9,180.57 745.29 4,643.12 4,132.02 300.00 52.50 36.75 47.25 185.32 51.00 252.51 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAYCO PRODUCTIONS JUD MCINTEE KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KNOWLTON PASS ELECTRONICS INC KOPP,ARAN KRAWCZYK CONSTRUCTION MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LAKE'S MAINTENANCE LANCASTER HOUSE LANG DRYWALL ACOUSTICS LTD LAPP HANCOCK ASSOCIATES LTD LEMON,BLAIR LIDKEA STOB VENEMA ASSOCIATES LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIVE ON REQUEST TECHNOLOGY SERVICES INC M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M S J RESTAURANT LIMITED MANOR CLEANERS MARINELAND OF CANADA MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCAP FINANCIAL CORPORATION MCCONNELL,LUCILLE MCNAMARA,SUSAN METRO COLLISION SERVICES INC METRO PLUMBING HEATING MHPM PROJECT MANAGERS INC MIDE BISTRO MIGNELLI,CARMEN MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MLEOA 2009 CONFERENCE MODERN LANDFILL INC MOROCCO,JOHN MORRISSEY,DENYSE MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL LAW DEPARTMENTS ASSSOCIATION OF ONTARIO NIAGARA 21 ST GROUP IN NIAGARA 21 ST GROUP IN NIAGARA BATTERY TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COLLEGE MAID OF THE MIST CAMPUS TOURISM DEVEI NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC Cheque No. 328181 328299 328300 327926 328025 328183 328184 327927 328301 328026 328185 328302 328186 328303 328304 328027 328029 327929 328188 328189 328035 328312 328311 328315 328190 328191 327930 328192 328030 328306 328031 328032 327931 327871 328193 328194 327932 327934 327935 328034 328196 328309 328310 328197 327933 328033 328195 328308 328198 328313 328036 327936 328199 328037 328200 328316 328326 328317 328318 328039 328040 328320 328041 328042 328324 328321 327938 328322 328325 328201 328202 328203 327939 Cheque Date 22- Apr -2009 29- Apr -2009 29- Apr -2009 08- Apr -2009 15- Apr -2009 22- Apr -2009 22- Apr -2009 08- Apr -2009 29- Apr -2009 15- Apr -2009 22- Apr -2009 29- Apr -2009 22- Apr -2009 29- Apr -2009 29- Apr -2009 15- Apr -2009 15- Apr -2009 08- Apr -2009 22- Apr -2009 22- Apr -2009 15- Apr -2009 29- Apr -2009 29- Apr -2009 29- Apr -2009 22- Apr -2009 22- Apr -2009 08- Apr -2009 22- Apr -2009 15- Apr -2009 29- Apr -2009 15- Apr -2009 15- Apr -2009 08- Apr -2009 03- Apr -2009 22- Apr -2009 22- Apr -2009 08- Apr -2009 08- Apr -2009 08- Apr -2009 15- Apr -2009 22- Apr -2009 29- Apr -2009 29- Apr -2009 22- Apr -2009 08- Apr -2009 15- Apr -2009 22- Apr -2009 29- Apr -2009 22- Apr -2009 29- Apr -2009 15- Apr -2009 08- Apr -2009 22- Apr -2009 15- Apr -2009 22- Apr -2009 29- Apr -2009 29- Apr -2009 29- Apr -2009 29- Apr -2009 15- Apr -2009 15- Apr -2009 29- Apr -2009 15- Apr -2009 15- Apr -2009 29- Apr -2009 29- Apr -2009 08- Apr -2009 29- Apr -2009 29- Apr -2009 22- Apr -2009 22- Apr -2009 22- Apr -2009 08- Apr -2009 Purpose SERVICES SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS MATERIALS MAINTENANCE /REPAIRS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES MAINTENANCE /REPAIRS CONTRACT SERVICES TRAVEL /MILEAGE ADMINISTRATIVE FUEL FUEL MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND RE: 32008 -104 2008 -105 CONTRACT SERVICES REFUND Roll No. 27251300030470 CONTRACT SERVICES CONSULTING SERVICES TRAVEUMILEAGE REFUND- CORKUM TRAVEL /MILEAGE TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS TRAVEL /MILEAGE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONFERENCE CONTRACT SERVICES TRAVEL /MILEAGE TRAVEUMILEAGE ADMINISTRATIVE ADMINISTRATIVE REFUND REFUND RE: #2008 -120 MATERIALS MATERIALS GRANT ALLOWANCE MAY 09 LEASES AND RENTS ADVERTISING GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT ALLOWANCE MAY 09 CONTRACT SERVICES GRANT ALLOWANCE MAY 09 GRANT ALLOWANCE MAY 09 ADMINISTRATIVE MATERIALS UTILITIES UTILITIES Page 4 of 7 Amount 644.15 275.00 900.00 20,340.13 1,608.10 6,012.97 5,250.00 80.00 4,019.93 3,882.28 685.13 1,256.33 183.75 9,979.57 9,607.50 90.00 525.00 23,242.43 22,798.23 1,260.00 3,835.22 119.25 745.63 1,860.62 60.99 6,422.92 1,430.84 1,338.75 78.00 906.09 72.00 72.00 14,267.19 14,334.04 26,472.09 106.22 215.36 52,670.54 3,639.80 3,390.82 6,874.36 187.31 3,165.00 333.02 665.79 1,785.01 795.33 1,859.94 399.00 1,888.22 201.00 144.00 273.00 100.00 11,308.86 94,735.47 31,940.03 153.24 34,369.00 420.00 405.43 22,424.00 5,802.30 6,263.48 6,468.84 1,416.67 690.00 37,711.83 16,666.68 45.00 2,284.00 58.41 7,862:00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 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 LITERACY COUNCIL NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA ROADS SUPERVISORS NIAGARA THIS WEEK NIAGARA.COM NORSTAN RESORTS INC OCE- CANADA INC OMERS OMERS OMFPOA INC. ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO REALTY CORPORATION ONTARIO REALTY CORPORATION ONTARIO RECREATION FACILITIES ASSOCIATION INC PAGENET OF CANADA INC PARTY CONNECTION PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA FENCE LANDSCAPING PENINSULA PEST.CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PERRICELLI,TONY PHOENIX FOUNDRY PTY LTD PHOENIX FOUNDRY PTY LTD PHOENIX FOUNDRY PTY LTD PITNEY WORKS POST FOODS CANADA CORP PRATA,GUY PRAXAIR PROJECT SHARE PROTEL ALARM SIGNAL PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUEENSWAY CHIPPAWA PROPS INC. R W HOIST REPAIRS LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAY BERNDTSON LOVAS LOVAS STANLEY RBC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL PLANNING DEVELOPMENT REGIONAL MUNICIPALIT Cheque No. Cheque Date Purpose 327940 08- Apr -2009 UTILITIES 328043 15- Apr -2009 ADMINISTRATIVE 328044 15- Apr -2009 UTILITIES 328204 22- Apr -2009 REMITTANCE 328205 22- Apr -2009 UTILITIES 328327 29- Apr -2009 REMITTANCE -WATER ARREARS Al 328328 29- Apr -2009 UTILITIES 328330 29- Apr -2009 DONATION 328045 15- Apr -2009 MATERIALS 328206 22- Apr -2009 MATERIALS 328329 29- Apr -2009 CONTRACT SERVICES 328207 22- Apr -2009 MAINTENANCE /REPAIRS 327941 08- Apr -2009 ADVERTISING 328319 29 -Apr -2009 COMPUTER 328209 22- Apr -2009 REFUND Roll No. 27250300080160 328210 22- Apr -2009 MAINTENANCE /REPAIRS 328046 15- Apr -2009 PAYROLL REMITTANCE 328047 15- Apr -2009 PAYROLL REMITTANCE 328211 22- Apr -2009 TRAINING 328212 22- Apr -2009 MATERIALS 328213 22- Apr -2009 LEASES AND RENTS 328256 23- Apr -2009 ADMINISTRATIVE 328255 23- Apr -2009 ADMINISTRATIVE 327943 08- Apr -2009 SERVICES 327944 08- Apr -2009 LEASES AND RENTS 328214 22- Apr -2009 CONTRACT SERVICES 328050 15- Apr -2009 CONTRACT SERVICES 328331 29- Apr -2009 CONTRACT SERVICES 328216 22- Apr -2009 MAINTENANCE /REPAIRS 328049 15- Apr -2009 CONTRACT SERVICES 328048 15- Apr -2009 SUPPLIES 328215 22- Apr -2009 SUPPLIES 327945 08- Apr -2009 MATERIALS 327946 08- Apr -2009 MATERIALS 328217 22- Apr -2009 MATERIALS 328332 29- Apr -2009 MATERIALS 328333 29- Apr -2009 ADMINISTRATIVE 328334 29- Apr -2009 MATERIALS 328051 15- Apr -2009 TRAVEUMILEAGE 328218 22- Apr -2009 MATERIALS 328335 29- Apr -2009 GRANT ALLOWANCE MAY 09 328219 22- Apr -2009 CONTRACT SERVICES 327947 08- Apr -2009 COURIER 328052 15- Apr -2009 COURIER 328220 22- Apr -2009 COURIER 328336 29- Apr -2009 COURIER 328221 22- Apr -2009 REFUND Roll No. 27251300031120 328064 15- Apr -2009 MAINTENANCE /REPAIRS 328053 15- Apr -2009 STORES /INVENTORY 328222 22- Apr -2009 STORES /INVENTORY 328337 29- Apr -2009 STORES /INVENTORY 328054 15- Apr -2009 CONSULTING SERVICES 328338 29- Apr -2009 REFUND 328223 22- Apr -2009 REMITTANCE MARCH PREMIUMS 327948 08- Apr -2009 PAYROLL REMITTANCE 327949 08- Apr -2009 PAYROLL REMITTANCE 328055 15- Apr -2009 PAYROLL REMITTANCE 328056 15- Apr -2009 PAYROLL REMITTANCE 328224 22- Apr -2009 PAYROLL REMITTANCE 328225 22- Apr -2009 PAYROLL REMITTANCE 328339 29- Apr -2009 PAYROLL REMITTANCE 328340 29- Apr -2009 PAYROLL REMITTANCE 327950 08- Apr -2009 CONTRACT SERVICES 328057 15- Apr -2009 MATERIALS 328058 15- Apr -2009 MOE APPL FEE 328060 15- Apr -2009 MOE APPL FEE 328226 22- Apr -2009 DEVELOPMENT CHARGES 328227 22- Apr -2009 MOE APPL FEE 328341 29- Apr -2009 ADMINISTRATIVE 328342 29- Apr -2009 ADMINISTRATIVE 328343 29- Apr -2009 MATERIALS WIRE 14- Apr -2009 DEBENTURE INTEREST 328344 29- Apr -2009 CONSULTING SERVICES- REVEIW I Page 5 of 7 Amount 2,913.47 8,876.37 2,604.89 6,164.50 2,235.58 19,147.65 134,884.58 150.00 35.00 35.00 140.00 40.00 103.95 59.80 107,402.71 4,214.60 391,642.74 22,703.24 380.00 393.75 3,919.85 525.00 2,745.75 17.16 429.40 5,833.93 46.25 67.69 1,365.00 42.00 170.00 205.00 148.41 58.94 511.56 264.21 168.59 7,862.89 28.30 176.37 26,175.00 330.75 92.38 110.27 86.31 169.54 78,760.75 1,717.63 1,066.16 552.80 1,496.47 189.88 946.94 2,773.18 84,515.37 190.07 376,724.04 180.73 190.07 96,303.62 387,590.58 190.07 9,339.73 4,432.48 1,200.00 1,200.00 44,914.55 1,200.00 1,100.00 1,200.00 1,746.52 27,113.85 1,800.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date REGIONAL PLANNING DEVELOPMENT REGIONAL MUNICIPALIT 328345 29- Apr -2009 RICHARDSON,MARK 328061 15- Apr -2009 ROGERS WIRELESS INC 328062 15- Apr -2009 ROGERS WIRELESS INC 328347 29- Apr -2009 RONA FARR LUMBER LTD 328063 15- Apr -2009 RUDAN EXPORT IMPORT LTD 328348 29- Apr -2009 RUSCITTI,TONY 328349 29- Apr -2009 SAFETY KLEEN CANADA INC 328065 15- Apr -2009 SALCI,TED 328228 22- Apr -2009 SANDERSON,ALLISON JOYCE 328229 22- Apr -2009 SCHOFIELD,RICHARD 327952 08- Apr -2009 SCOTT CONSTRUCTION 328350 29- Apr -2009 SERVICEMASTER CLEAN OF NIAGARA 327953 08- Apr -2009 SERVICEMASTER CLEAN OF NIAGARA 328230 22- Apr -2009 SERVICEMASTER CLEAN OF NIAGARA 328352 29- Apr -2009 SHOALTS BROS. CONSTRUCTION LTD 328231 22- Apr -2009 SHRED IT KITCHENER 328353 29- Apr -2009 SIGNATURE SIGNS 328354 29- Apr -2009 SIMPLISTIC LINES INC 327954 08- Apr -2009 SMITH,BRIAN 328232 22- Apr -2009 SOMERVILLE,ADONIS 328066 15- Apr -2009 SONIER,MARC, J 328356 29- Apr -2009 ST CATHARINES TRANSIT COMMISSION 328358 29- Apr -2009 ST JOHN AMBULANCE 328361 29- Apr -2009 STANCO SIGNS AND PROMOTIONS 328233 22- Apr -2009 STANCO SIGNS AND PROMOTIONS 328357 29- Apr -2009 STEVENSVILLE LAWN SERVICE INC 328359 29- Apr -2009 STINSON EQUIPMENT LIMITED 328360 29- Apr -2009 STORAGE NIAGARA 328362 29- Apr -2009 STRANGES,LOU 328067 15- Apr -2009 STRATEGY CORP 328363 29- Apr -2009 STREAMLINE 328068 15- Apr -2009 STREAMLINE 328364 29- Apr -2009 STUDIO 55 328365 29- Apr -2009 SULLIVAN MAHONEY 328366 29- Apr -2009 SUN LIFE OF CANADA 328368 29- Apr -2009 SUNCOR ENERGY PRODUCTS INC 327955 08- Apr -2009 SUNCOR ENERGY PRODUCTS INC 328069 15- Apr -2009 SUNCOR ENERGY PRODUCTS INC 328234 22- Apr -2009 SUNCOR ENERGY PRODUCTS INC 328367 29- Apr -2009 SUPERIOR BLEND COFFEE LTD 328071 15- Apr -2009 SUPERIOR PROPANE INC 328070 15- Apr -2009 SUPREMEX INC 328072 15- Apr -2009 TAIOST TAI CHI SOCIETY 328235 22- Apr -2009 TALARIS CANADA INC 328369 29- Apr -2009 TALK WIRELESS INC 328236 22- Apr -2009 TALK WIRELESS INC 328370 29- Apr -2009 TAMM COMMUNICATIONS INC 328073 15- Apr -2009 TAMM COMMUNICATIONS INC 328237 22- Apr -2009 TAYLORS WATER SERVICE 327956 08- Apr -2009 TECHNICAL STANDARDS SAFETY AUTHORITY 328074 15- Apr -2009 TELUS INTEGRATED COMMUNICATIONS 328371 29- Apr -2009 TELUS MOBILITY 328075 15- Apr -2009 TELUS MOBILITY 328239 22- Apr -2009 TELUS MOBILITY 328372 29- Apr -2009 TELUS NATIONAL SYSTEMS INC 328076 15- Apr -2009 TELUS NATIONAL SYSTEMS INC 328240 22- Apr -2009 TENAQUIP LIMITED 327957 08- Apr -2009 TERC CANADA 327958 08- Apr -2009 THE BOUNDARY WATERS TREATY CENTENNIAL COMMITTEE 328271 29- Apr -2009 THE PEPSI BOTTLING GROUP 327959 08- Apr -2009 THE PEPSI BOTTLING GROUP 328373 29- Apr -2009 THE PRINTING HOUSE LTD 328241 22- Apr -2009 THE PRINTING HOUSE LTD 328374 29- Apr -2009 THE REVIEW 327961 08- Apr -2009 THE REVIEW 328077 15- Apr -2009 THE REVIEW 328375 29- Apr -2009 THERIAULT,WENDY 328377 29- Apr -2009 TIKKY,MARIANNE 327962 08- Apr -2009 TIKKY,MARIANNE 328378 29- Apr -2009 TIM HORTONS STORE #30 327963 08- Apr -2009 TOROMONT 328379 29- Apr -2009 TORONTO STAMP INC 327964 08- Apr -2009 Purpose CONSULTING SERVICES REVIEW TRAVEL /MILEAGE UTILITIES UTILITIES MATERIALS REFUND RE: 2007 -128 SAFETY BOOT REIMBURSEMENT e STORES /INVENTORY TRAVEL /MILEAGE REFUND -TAX OVERPAYMENT APR REGISTRATION FOR CHO FORUM CONTRACT SERVICES- TRANSIT C CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND APPLICATION FEE PORTI CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE REFUND REFUND MAINTENANCE /REPAIRS GRANT ALLOWANCE MAY 09 MATERIALS MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS TRAVEL/MILEAGE CONSULTING SERVICES MATERIALS MAINTENANCE /REPAIRS REMITTANCE CONSULTING SERVICES REMITTANCE -APRIL 09 PREMIUMS FUEL FUEL FUEL FUEL MATERIALS FUEL MATERIALS ADMINISTRATIVE MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES ADVERTISING ADVERTISING MATERIALS CONTRACT SERVICES UTILITIES MATERIALS ADMINISTRATIVE CONTRACT SERVICES SERVICES UTILITIES STORES /INVENTORY MEMBERSHIP DONATION BOUNDARY WATERS MATERIALS MATERIALS MATERIALS ALLAN /PIETRANGEL( SUPPLIES BUSINESS CARDS SUBSCRIPTION ADVERTISING ADVERTISING REFUND REIMBURSEMENT REFUND RAIN BARREL SALE MATERIALS MATERIALS MATERIALS Page 6 of 7 Amount 1,800.00 136.50 258.44 2,324.25 69.23 4,542.04 79.09 1,144.32 1,155.00 250.00 30.00 3,197.60 593.25 593.25 711.25 4,909.90 71.66 73.45 639.35 243.27 40.00 4.00 8,859.20 2,250.02 14,161.16 1,127.35 3,759.00 1,177.56 96.05 39.00 7,875.00 1,196.67 587.60 3,759.00 8,773.73 265,438.43 15,962.63 19,841.85 19,858.39 15,337.57 735.18 1,060.32 1,706.64 1,675.43 203.40 317.24 214.47 1,092.38 359.94 90.00 189.00 2,268.89 118.06 9,139.72 759.80 271.20 350.30 213.16 50.00 10,000.00 277.81 943.99 271.20 678.00 241.56 5,029.71 1,238.48 129.21 121.31 151.75 37.14 5,085.00 58.76 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TORONTO STAMP INC TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRAVELPIC NIAGARA FALLS TRENDLE,B. TRI COMMITTEE OF ONTARIO TWARDAWSKY,NICK UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VAIL,TIM VAIL,TIM VANDENNEST NURSERY WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WET HUMID NO MORE WHITE,PATRICK WILKINSON,SCOTT WILLCOCK,DAVE WILSON BANWELL HUMAN SOLUTIONS WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WREGGITT,RON WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA YAR,MOHAMMAD YARNELL OVERHEAD DOOR YMCA YMCA YWCA ST CATHARINES Page 7 of 7 Cheque No. Cheque Date Purpose Amount 328380 29- Apr -2009 SUPPLIES 65.82 327965 08- Apr -2009 TRAVEL /MILEAGE 212.00 328242 22- Apr -2009 CONTRACT SERVICES 945.00 328243 22- Apr -2009 MATERIALS 302.40 327966 08- Apr -2009 REFUND 45.00 327967 08- Apr -2009 SUBSCRIPTION 504.00 328078 15- Apr -2009 TRAVEL /MILEAGE 76.50 328244 22- Apr -2009 STORES /INVENTORY 739.61 328381 29- Apr -2009 MATERIALS 81,12 328382 29- Apr -2009 PAYROLL REMITTANCE 1,688.50 328383 29- Apr -2009 CONTRACT SERVICES 2,800.09 328245 22- Apr -2009 ADMINISTRATIVE 12,557.00 328080 15- Apr -2009 CONTRACT SERVICES 50,397.77 328385 29- Apr -2009 CONTRACT GARNER SW SAN SE 291,180.19 328079 15- Apr -2009 REFUND 40.00 328384 29- Apr -2009 ADMINISTRATIVE 45.00 327968 08- Apr -2009 MATERIALS 333.35 328082 15- Apr -2009 CONTRACT SERVICES 130.95 328247 22- Apr -2009 CONTRACT SERVICES 92.62 328387 29- Apr -2009 CONTRACT SERVICES 216.21 327969 08- Apr -2009 MATERIALS 6,178.32 328081 15- Apr -2009 MATERIALS 1,775.26 328246 22- Apr -2009 MATERIALS 1,522.90 328386 29- Apr -2009 MATERIALS 377.53 327970 08- Apr -2009 PAYROLL REMITTANCE 100.00 328083 15- Apr -2009 PAYROLL REMITTANCE 100.00 328248 22- Apr -2009 PAYROLL REMITTANCE 100.00 328388 29- Apr -2009 PAYROLL REMITTANCE 100.00 328249 22- Apr -2009 MATERIALS 5,778.18 328389 29 -Apr -2009 MATERIALS 5,441.06 328250 22- Apr -2009 STORES /INVENTORY 4,735.29 328390 29- Apr -2009 MATERIALS 7,537.40 328391 29- Apr -2009 CONTRACT SERVICES 1,890.00 328084 15- Apr -2009 REFUND 40.00 328085 15- Apr -2009 REFUND 40.00 328392 29- Apr -2009 REFUND -METER MALFUNCTION 6.00 328251 22- Apr -2009 REMITTANCE- EMPLOYEE ASSISTA 297.53 328393 29- Apr -2009 CONTRACT SERVICES 65.00 328394 29- Apr -2009 GRANT ALLOWANCE MAY 09 15,833.32 328395 29- Apr -2009 GRANT ALLOWANCE MAY 09 625.02 328086 15- Apr -2009 CONTRACT SERVICES 2,000.00 328396 29- Apr -2009 REFUND SAFETY BOOTS 149.16 327972 08- Apr -2009 ADMINISTRATIVE 12,227.74 328087 15- Apr -2009 PAYROLL REMITTANCE 75.69 328088 15- Apr -2009 PAYROLL REMITTANCE 597.34 328252 22- Apr -2009 ADMINISTRATIVE 18,153.62 328397 29- Apr -2009 ADMINISTRATIVE 33,619.47 328398 29- Apr -2009 PETTY CASH 685.79 328089 15- Apr -2009 REFUND SITE PLAN PLAN DEPOSI" 11,000.00 328253 22- Apr -2009 CONTRACT SERVICES 96.60 327973 08- Apr -2009 UTILITIES 3,650.00 328090 15- Apr -2009 CONTRACT SERVICES 3,580.67 328399 29- Apr -2009 GRANT ALLOWANCE MAY 09 2,505.25 Total 8,403,621.33 May 25, 2009 F- 2009 -32 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: City of Niagara Falls Tax Rates ialaraFalls CANADA Re: F- 2009 -32 2009 Property Tax Rates RECOMMENDATION: That Council approve the 2009 Property Tax Rates. BACKGROUND: The Regional Municipality of Niagara has approved the 2009 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2009. The City is now in the position to establish its tax rates and to proceed with the Final 2009 Billing for the non capped property classes. This report provides for Council, the City's 2009 property tax rates. The 2009 tax levy is $45,628,044 ($45,137,828 for 2008). The General taxation portion of this total levy is $39,609,791 ($39,183,314 for 2008); the Urban Service Area taxation portion is $6,018,253 ($5,954,514 for 2008). Corresponding tax rates based on these levies are provided in the following chart. iCanada „2E`6X5 905-356-7521 wwwriiagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance Tax Rates City of Niagara Falls General Urban Service Area Combined General Urban Service Area Combined Residential 0.451001% 0.072087% 0.523088% 0.435494% 0.069663% 0.505157% Multi- Residential 0.929062% 0.148500% 1.077562% 0.897117% 0.143505% 1.040622% New Multi- Residential 0.451001% 0.072087% 0.523088% 0.435494% 0.069663% 0.505157% Commercial Occupied 0.793131% 0.126773% 0.919904% 0.765859% 0.122509% 0.888368% Commercial Vacant Unit 0.555191% 0.088741% 0.643932% 0.536101% 0.085756% 0.621857% Commercial Vacant Land 0.555191% 0.088741% 0.643932% 0.536101% 0.085756% 0.621857% Industrial Occupied 1.186133% 0.189590% 1.375723% 1.145348% 0.183213% 1.328561% Industrial Vacant Unit 0.770987% 0.123233% 0.894220% 0.744477% 0.119088% 0.863565% Industrial Vacant Land 0.770987% 0.123233% 0.894220% 0.744477% 0.119088% 0.863565% Large Industrial Occupied 1.186133% 0.189590% 1.375723% 1.145348% 0.183213% 1.328561% Large Industrial Vacant 0.770987% 0.123233% 0.894220% 0.744477% 0.119088% 0.863565% Pipelines 0.736665% 0.117748% 0.854413% 0.727754% 0.116413% 0.844167% Farmlands 0.112750% 0.018022% 0.130772% 0.108873% 0.017416% 0.126289% Managed Forests 0.112750% 0.018022% 0.130772% 0.108873% 0.017416% 0.126289% Farmlands Awaiting 0.338251% 0.054066% 0.392317% 0.326620% 0.052247% 0.378867% Development I Farmlands Awaiting 0.451001% 0.072087% 0.523088% 0.435494% 0.069663% 0.505157% Development II May 25, 2009 Waste Management 2 Tax Rates City of Niagara Falls F- 2009 -32 2008 2009 The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2009 to be $6,550,020. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2008 to the recommended rates for 2009. AF:Iw. may 25, 2009 3 F- 2009 -32 The Appropriations and Levying By -law is prepared for Council's adoption, should Council approve the recommendation. This By -law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By -law shows the summary of tax rates for each classification and for all levies. Recommended by: Approved by: Respectfully submitted: Todd Harrison, Dire loLeY or of Finance Ken Burde Executive Director of Corporate Services Ken Todd, Chief Administrative Officer Property Class 2008 Waste Management Tax Rate 2009 Waste Management Tax Rate Residential Multi 0.072108% 0.072015% Residential New 0.148542% 0.148351 Multi- Residential 0.072108% 0.072015% Commercial Excess land 0.126808% o 0.088766 /0 0.126645 /o 0.088652% Vacant land 0.088766% 0.088652% Industrial 0.189643% 0.189399% Excess land 0.123268% 0.123109% Vacant land 0.123268% 0.123109% Large Industrial 0.189643% 0.189399% Excess land 0.123268% 0.123109% Pipelines 0.117781% 0.120344% Farmlands Managed 0.018027% 0.018004% Forests 0.018027% 0.018004% Farmland Awaiting Development 1 0.054081% 0.054011% Farmland Awaiting Development 11 0.072108% 0.072015% AF:Iw. may 25, 2009 3 F- 2009 -32 The Appropriations and Levying By -law is prepared for Council's adoption, should Council approve the recommendation. This By -law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By -law shows the summary of tax rates for each classification and for all levies. Recommended by: Approved by: Respectfully submitted: Todd Harrison, Dire loLeY or of Finance Ken Burde Executive Director of Corporate Services Ken Todd, Chief Administrative Officer May 25, 2009 F- 2009 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: AF:Iw Niagara Falls C A N A D A Re: F- 2009 -33 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes That June 30 and September 30 be approved as the 2009 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. Due to the additional calculations required to prepare the 2009 Final Tax Notices for the Commercial, Industrial and Multi- residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 30. Once the additional calculations for the remaining classes have been determined then final tax notice due dates for the Commercial, Industrial, and Multi- residential property classes will be presented for Council's consideration. Todd Harri on, Dire' tor of Finance Ken Burden, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer 1 Queen Street JO Box. 1023 Niagara 'Falls, ON,:Canada L2E 6X5 .905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraa11s CANADA Re: L- 2009 -23 Execution of Agreement with Niagara Bruce Peninsula Auctions Sale of Surplus Lands by Auction Our File No.: 2006 -177 L- 2009 -23 That Council approve the Professional Services Agreement in a form acceptable to the Chief Administrative Officer and the City Solicitor, and that the Mayor and Clerk be authorized to execute the Professional Services Agreement and the Clerk be authorized to affix the corporate seal thereto. On April 20, 2009, Report L- 2009 -17, attached hereto as Attachment "1", was approved by Council with the 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. The City has prepared a Professional Services Agreement between Niagara Bruce Peninsula Auctions (the "Auctioneer and The Corporation of the City of Niagara Falls the "City to furnish professional services in connection with the sale of surplus City lands. Council is reminded that once the properties are listed with the auctioneer there is a penalty if properties are withdrawn form the auction. As such, it is our recommendation that the City enter into the Agreement with Niagara Bruce Peninsula Auctions under the attached terms and conditions. ara,falls Canada L2E 6X5, 905:_356 -7521 .www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Departme Legal S May 25, 2009 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 2 Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer L- 2009 -23 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: Niagara,Falls C 1 n A D A L- 2009.17 The recommendation(s) contained in this report were adopted by City Council 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: Ken Beaman, City Solicitor /r ueen'Stre t P,O Box 1623;,NNiagarixfalls ON';Canadfa'L2E 6X5 965-356-7521 tivwrv,niagardtalls:0 Approved by: K. Beaman /L. Banks 'Burden, Executive Director of Corporate Services Working Together to Serve Our Community Corporate Services Department Legal Services May 25, 2009 MW- 2009 -36 �1 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -36 Grassy Brook Sanitary Sewage Pumping Station Operating Agreement with the Region of Niagara RECOMMENDATION: 1) That the terms and conditions in the Grassy Brook Sanitary Sewage Pumping Station Operating Agreement with the Region of Niagara be approved, and 2) That the Mayor and Clerk be authorized to execute the appropriate documents. BACKGROUND: The Grassy Brook Sanitary Sewage Pumping Station was completed in 2007 and is now fully operational. There are no outstanding deficiencies and the warranty period is scheduled to expire this month. The City of Niagara Falls is responsible for operating the pumping station in accordance with the Certificate of Approval issued by the Ministry of the Environment. It is the City's intention to transfer ownership of this asset to the Region of Niagara once it is fully funded and, in the interim period, it is necessary to have qualified staff operate the station and perform the necessary maintenance. It is practical to have the Region of Niagara undertake these services. The Regional Solicitor has drafted an Operating Agreement that sets out the terms and conditions of the Agreement which is retroactive to April 1s 2009 and has a renewable one (1) year term. Other provisions include routine maintenance and operation of the valves, alarms, pumps and controls. The fees associated with this Operating Agreement will be billed monthly based on actual costs but are not expected to exceed $3,500 per year. These costs can be accommodated within the 2009 Utility Budget. The Agreement and corresponding By -law are included in the Council agenda. Working Together to Serve Our Community Community Services Department Municipal Works May 25, 2009 Recommended by: Approved by: Respectfully submitted: Attachments Geoff H Iman D Geo i ector of Municipal Works Ed Dujlovic, 2 cutive Director of Community Services KenrTodd, Chief Administrative Officer S: \REPORTS \2009 \MW 2009 -36 Grassy Brook PS Operating Agreement.wpd MW- 2009 -36 May 25, 2009 MW- 2009 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag a raJalls C A N A D A Re: MW- 2009 -38 Purchase of Easement on Hydro One Network Inc. Lands Warren Creek Channelization Project RECOMMENDATION: That the Mayor and City Clerk be authorized to sign and execute a Grant of Easement for future drainage works required for the Warren Creek Channelization Project on lands owned by Hydro One Networks Inc. BACKGROUND: The Warren Creek Watershed Master Plan was approved in September 2000 and has been implemented in phases in conjunction with the development of the Garner Neighbourhood. The remaining culvert and channelization work involves lands that are south of McLeod Road and west of Kalar Road (see attached plan). The future channel design crosses a vacant corridor owned by Hydro One Networks Inc. (HONI) and is controlled by the Ontario Reality Corporation (ORC). The purchase cost of the two parcels of land totals $92,662.50 and includes the easements and associated engineering fees. The costs are included as part of the Warren Creek Realignment Project in the approved 2009 Capital Budget (STMS15, page 77). A copy of the Grant of Easement and the corresponding by -law is included in the Council agenda. teen, tre PO �3o 1023;Niaga a,Fa11 ON Cana Working Together to Serve Our Community Commun May 25, 2009 Recommended by: Approved by: Respectfully Submitted by: Geoff Hol 2 an, Ed Dujlovic, Ex'cutive Director of Community Services ector of Municipal Works Ken odd, Chief Administrative Officer S: \REPORTS \2009 \MW 2009 -38 Purchase of Easement on Hydro One Lands Warren Creek Project.wpd MW- 2009 -38 \'..1.10012i800 080AH ONI1SIX3 I 5 3 0 En o tn o Opening Balance Jan 01 (surplus) deficit EXPENDITURES Engineering Fees Design Studies Land Building Furniture Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework Landscaping Contingency Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants Extemal Contributions Interest Eamed Other -Gas Tax TOTAL FUNDING SOURCES Closing Balance Dec 31 (surplus) deficit Department Municipal Works CURRENT ACTUAL as of December 31 Capital Budget Worksheet 2009 Capital Management Reference Purchase Project Name Warren Creek Realignment East Branch; Warren Woods Subdivision City Share of Services; Pond and Channel construction AKA: Warren Creek Watershed Project I.D. STMS15 G/L #12- 3- 420015 030000 Construction (new) Development Category in 2008 2 Year Initially Approved Project Description Warren Creek Realignment East Branch; Warren Woods Subdivision City Share of Services; Pond and Channel construction YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011 YEAR 2012 YEAR 2013 295,308 295,308 0 0 0 0 0 89,870 2,369,437 2,459,307 0 0 0 295,308 0 0 0 0 0 11 Q:12009 Budget\Capital BudgettMunicipal Works1Warren Creek Channel Realignment in Conjunction with Warren Woods Phase 1 Development COMPLETE.gpw 13- Mar -09, 2:34:33 PM 145,200 985,400 1,274,635 53,370 36,500 259,510 0 0 2,754,615 0 0 0 0 Opening Balance Jan 01 (surplus) deficit EXPENDITURES Engineering Fees Design Studies Land Building Furniture Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework Landscaping Contingency Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants Extemal Contributions Interest Eamed Other -Gas Tax TOTAL FUNDING SOURCES Closing Balance Dec 31 (surplus) deficit Department Municipal Works CURRENT ACTUAL as of December 31 Capital Budget Worksheet 2009 Capital Management Reference Purchase Project Name Warren Creek Realignment East Branch; Warren Woods Subdivision City Share of Services; Pond and Channel construction AKA: Warren Creek Watershed Project I.D. STMS15 G/L #12- 3- 420015 030000 Construction (new) Development Category in 2008 2 Year Initially Approved Project Description Warren Creek Realignment East Branch; Warren Woods Subdivision City Share of Services; Pond and Channel construction YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011 YEAR 2012 YEAR 2013 295,308 295,308 0 0 0 0 0 89,870 2,369,437 2,459,307 0 0 0 295,308 0 0 0 0 0 11 Q:12009 Budget\Capital BudgettMunicipal Works1Warren Creek Channel Realignment in Conjunction with Warren Woods Phase 1 Development COMPLETE.gpw 13- Mar -09, 2:34:33 PM May 25, 2009 MW- 2009 -39 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ar ,.Fa11 s C A N A D A Re: MW- 2009 -39 Contract 2009 -08 2009 Surface Treatment Program RECOMMENDATION: 1. That the unit prices submitted by the lowest tenderer Norjohn Contracting Paving be accepted. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City's Deputy Clerk, Mr. Bill Matson, opened tenders on Tuesday, May 19, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Three (3) Contractors and One (1) bid was received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Norjohn Contracting Niagara Falls 575,457.85 The lowest tender was received from Norjohn Contracting in the amount of 575,457.85. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 683,000.00. Project Costs: Awarded Contract (excluding GST) s6X5? s 905 356= 7 niaga rafalls.ca Working Together to Serve Our Community 575,457.85 Community Services Department Municipal Works May 25, 2009 2 MW- 2009 -39 Funding: 2009 Surface Treatment Program 863,000.00 This project approved in the 2009 Capital Budget (R40). The expenditures for this project will be recorded as an expense in the Capital Fund (account #12 -3- 310040 030000). The funding source for this work is from the Investing in Ontario grant. This project is scheduled to commence construction June 1, 2009 and all work is to carry through until August 4, 2009. Surface Treatment will be completed up to the budget amount utilizing the unit cost in the contract. Approved by: Recommended by: Respectfully submitted: Ed Dujlovic, Geoff Holman, D' Victor of Municipal Works C. Anders S: \REPORTS \2009 \MW 2009 -39 Contract 2009 -08 2009 Surface Treatment.wpd e Director of Community Services Ken Todd, Chief Administrative Officer May 25, 2009 TS- 2009 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraflalls C A N A D A Re: TS- 2009 -25 Request for Private Parking Enforcement Appointment Niagara Clifton Group RECOMMENDATIONS: 1) That Niagara Clifton Group be included with a separate schedule to by -law 2002- 081; 2) That security staff at Niagara Clifton Group be appointed as Provincial Offences Officers for the purpose of enforcing parking by -laws only upon 4943, 4945 Clifton Hill and 5711 McGrail Avenue; and 3) That by -laws appearing later on tonight's agenda be approved. BACKGROUND: The City of Niagara Falls has been approached by the Niagara Clifton Group (attached) requesting that their security staff be authorized to issue parking violations on their properties 4943 Clifton Hill, 4945 Clifton Hill and 5711 McGrail. The City currently appoints similar private property owners in this capacity such as Factory One Outlet Mall and HOCO. Niagara Clifton will be permitted to issue tickets under the private property by -law, fire route by -law and handicap by -law, strictly upon their own properties. If approved, City staff will ensure signs for enforcement are regulatory and will provide the Niagara Clifton Group with training and parking tickets books. When parking tickets are issued by these private groups, the tickets and payments are still administered through the City of Niagara Falls, and reviews will still be handled through the City's First Appearance Office, prior to requests for trial. liagararfalls ,ON,- Canada 1_2E 6X5 905 -356 -7521. www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services May 25, 2009 Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, Ken odd, Chief Administrative Officer 2 cutive Director of Community Services attachment S. Wheeler S: \General Administration \GA 1.01 Reports\2009 Council \05 May 25 \TS2009 -25 Request for Private Enforcement.wpd TS- 2009 -25 NIAGARA CLIFTON GROUP ADMINISTRATIVE OFFICES 4943 CLIFTON HILL, NIAGARA FALLS, CANADA L2G 3N5 Telephone: 905 357 -2200 Fax: 905- 357 -0423 Email: ncg@falls.com www.fails.com TRAVELODGE HONEYMOON CITY MOTEL THRIFTLODGE NIAGARA CLIFTON MOTOR INN HONEYMOON GIFTS NIAGARA CLIFTON GIFTS April 27, 2009 THE HAUNTED HOUSE THE FUNHOUSE MYSTERY MAZE ADVENTURE DOME DAIRY QUEEN ASSOCIATE GUINNESS WORLD Sue Wheeler First Appearance Supervisor Traffic Parking Services City of Niagara Falls Dear Mrs. Wheeler: RUBY TUESDAY THE BEER GARDEN PIZZA PIZZA NIAGARA CLIFTON RESTAURANT NIAGARA CLIFTON CURRENCY EXCHANGE OF RECORDS As per our telephone conversation last week, I am formally requesting that you give permission to our Security Department to issue parking tickets to unauthorized vehicles using our parking facilities at the following addresses: 4943 Clifton Hill, Niagara Falls 4945 Clifton Hill, Niagara Falls 571.1 McGrail Ave. Niagara Falls I believe that if you give us the authority to issue parking tickets, people will stop abusing our parking f acilities and that will allow us to provide better service to our customers and staff. In hopes of a favorable answer, I thank you for taking the time to consider my request. Y truly, o Palomo mmodations Manager 05)658 -1294 gpalomo @falls.com RECEIVED APR 272O TRANSPORTATION SERVICES Beefeater(Niagara) Limited C.1. Burland Properties Limited Niagara Clifton Motor Inn Limited 775571 Ontario Inc. 1108978 Ontario Inc, 2M/O8/02 NIAGARA CLIFTON GROUP ADMINISTRATIVE OFFICES 4943 CLIFTON HILL, NIAGARA FALLS, CANADA L2G 3N5 Telephone: 905 357 -2200 Fax: 905 357 -0423 Email: ncg@falls.com www.falls.com TRAVELODGE HONEYMOON CITY MOTEL THRIFTLODGE NIAGARA CLIFTON MOTOR INN HONEYMOON GIFTS NIAGARA CLIFTON GIFTS April 29, 2009 Sue Wheeler First Appearance Supervisor Traffic Parking Services City of Niagara Falls Dear Mrs. Wheeler: As per your request, these are the names of the staff members that I wish are appointed as provincial offences officers for the purpose of issuing parking tickets: Guillermo Palomo Jillian Oliver Frank Costabile Paul Brady Joshua Healy THE HAUNTED HOUSE THE FUNHOUSE MYSTERY MAZE ADVENTURE DOME DAIRY QUEEN o lomo dations Manager )658 -1294 gpalomo @falls.com ASSOCIATE GUINNESS WORLD OF RECORDS RUBY TUESDAY THE BEER GARDEN PIZZA PIZZA NIAGARA CLIFTON RESTAURANT NIAGARA CLIFTON CURRENCY EXCHANGE Beefeater (Niagara) Limited C.I. Burland Properties Limited Niagara Clifton Motor Inn Limited 775571 Ontario Inc. 1108978 Ontario Inc. 2M/08/02 A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -224 is amended by adding the following sections: Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: "7.3.5 Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. May 25, 2009. May 25, 2009. May 25, 2009. CITY OF NIAGARA FALLS By -law No. 2009 10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances." CITY OF NIAGARA FALLS By -law No. 2009 A by -law to declare the lands shown on Attachment "1" and municipally known as 6570 Frederica Street, surplus. WHEREAS subsection 268 (3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lot 32 Plan 51 Stamford; Lot 33 Plan 51 Stamford; Lot 34 Plan 51 Stamford; Lot 35 Plan 51 Stamford; Lot 36 Plan 51 Stamford; Lot 37 Plan 51 Stamford; Lot 38 Plan 51 Stamford; Lot 39 Plan 51 Stamford; Lot 67Plan 51 Stamford; Lot 68 Plan 51 Stamford; Lot 69 Plan 51 Stamford; Lot 70 Plan 51 Stamford; Lot 71 Plan 51 Stamford; Lot 72 Plan 51 Stamford; Lot 74 Plan 51 Stamford; Lot 32 Plan 63 Stamford; Lot 33 Plan 63 Stamford; Lot 34 Plan 63 Stamford; Lot 35 Plan 63 Stamford; Lot 36 Plan 63 Stamford; Lot 37 Plan 63 Stamford; Lot 38 Plan 63 Stamford; Lot 39 Plan 63 Stamford; Lot 40 Plan 63 Stamford; Lot 41 Plan 63 Stamford; Lot 42 Plan 63 Stamford; Lot 43 Plan 63 Stamford; Lot 44 Plan 63 Stamford; Part Byng Avenue Plan 51 Stamford (formerly Drummond Avenue) (Closed by BL84) lying north of Cook Street; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. 2. Lot 60 Plan 44 Stamford; Lot 61 Plan 44 Stamford; Lot 62 Plan 44 Stamford; Part Lot 63 Plan 44 Stamford; Part Lot 64 Plan 44 Stamford; Part Lot 65 Plan 44 Stamford as in R0145214; Part Township Lot 125 Stamford as in R0155323; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. 1.01311111 61)1141/2 COOK STREET M.111.1174 1.141)11 6.1)110r M11...11% 1. ■110131 6431.1111. FREDERICA STREET I1 31.■113 N111 M)t '41376 .1111017$ 1.4111091 J 1.1)1 X1117 14111417■ A by -law to declare the lands shown on Attachment "1" and municipally known as 5145 Centre Street, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Lot 57 Plan 11 Town of Niagara Falls; Lot 58 Plan 11 Town of Niagara Falls; Lot 59 Plan 11 Town of Niagara Falls; Lot 60 Plan 11 Town of Niagara Falls; Lot 61 Plan 11 Town of Niagara Falls; Lot 62 Plan 11 Town of Niagara Falls; Lot 920 Plan 12 Town of Niagara Falls; Lot 921 Plan 12 Town of Niagara Falls; Lot 922 Plan 12 Town of Niagara Falls; Lot 923 Plan 12 Town of Niagara Falls; Lot 924 Plan 12 Town of Niagara Falls; Lot 925 Plan 12 Town of Niagara Falls; Lot 926 Plan 12 Town of Niagara Falls; Lot 927 Plan 12 Town of Niagara Falls; Lot 928 Plan 12 Town of Niagara Falls; Lot 929 Plan 12 Town of Niagara Falls; Lot 930 Plan 12 Town of Niagara Falls; Lot 943 Plan 12 Town of Niagara Falls; Lot 944 Plan 12 Town ofNiagara Falls; Lot 945 Plan 12 Town ofNiagara Falls; Lot 946 Plan 12 Town of Niagara Falls; Lot 947 Plan 12 Town of Niagara Falls; Lot 948 Plan 12 Town of Niagara Falls; Lot 949 Plan 12 Town of Niagara Falls; Lot 950 Plan 12 Town of Niagara Falls; Lot 951 Plan 12 Town of Niagara Falls; Lot 952 Plan 12 Town of Niagara Falls; Lorne Street Plan 12 Town of Niagara Falls as closed by By -law BL81; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. CITY OF NIAGARA FALLS By -law No. 2009- A by -law to authorize the execution of an Agreement with James Walker and Virginia Walker with respect to conditions imposed by the Committee of Adjustment by decision dated August 12, 2008 under File No. B- 2008 -019. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between James Walker and Virginia Walker as Owners and The Corporation of the City of Niagara Falls as City, respecting the terms and conditions imposed by the Committee of Adjustment by decision dated August 12, 2008 under File No. B- 2008 -019, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. CITY OF NIAGARA FALLS By -law No. 2009 THIS AGREEMENT made this 2 day of January, 2009. BETWEEN: JAMES WALKER and VIRGINIA WALKER Hereinafter referred to as the "Owners" arid THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" For the purposes of this Agreement: 1. a) The "City" shall mean The Corporation of the City of Niagara Falls. b) "Decommission" shall mean: OF THE FIRST PART; OF THE SECOND PART. WHEREAS the owners have applied to the Committee of Adjustment of the City of Niagara Falls for consent to convey the land by way of the application for consent to that Committee bearing the number B- 2008 -019; AND WHEREAS this Agreement constitutes a condition to a provisional consent to convey land granted by the Committee of Adjustment of the City ofNiagara Falls pursuant to delegated authority under Section 53 of the Planning Act R.S.O. 1990 s. P.13, as amended. i) in the case of water service, the disconnection and permanent capping of any well. ii) in the case of a septic system, the disconnection and removal of any septic tank and bed. c) The "land" shall mean Part 1 on a sketch prepared by Allan J. Heywood O.L.S. dated May 26, 2008 and numbered L.L.N. 36093B. 2. The owners agree that, as soon as municipal services or any one of the municipal services are or is installed within the municipal highway known as Lyon's Creek Road in front of the land, the owners will connect the land to the municipal services or service. 3. In the event that the municipal service that is connected to the land is a sanitary sewer, the owners agree to remove any septic tank and bed from the land. 4. In the event that the municipal service that is connected to the land is piped water, the owner will disconnect and fill in any well upon the land. 5. The owners acknowledge and agree that, in the event that the owners fail to commence work to connect the lands to any municipal service or any of the municipal services that are or is installed within the municipal highway known as Lyon's Creek Road with a reasonable time of the municipal services or service being installed, the City shall be entitled to cash the letter of credit, enter the land and connect the land to the municipal services or service as the case maybe. -2- d) "Municipal services" shall mean piped water, storm and sanitary sewer services installed by the actions of and operated by a municipality or a delegate or contractor of or to a municipality. e) The "owners" shall mean James and Virginia Walker and any heir to, assignee of or successor both or either of James and Virginia Walker to the title to the land. In the event that the City exercises its right to enter the land and connect the land to any municipal service or municipal services and decommission any well or septic tank found of the land, the City shall be entitled to add the amount by which that cost exceeds the value of the Letter of Credit, the City shall be entitled to add the amount by which that cost exceeds the value of the Letter of Credit to the tax roll entry for the land to be collected in the same manner as taxes. 7. It is acknowledged and agreed that all of the work required to connect the land to the municipal services or any one of the municipal services shall be performed to the satisfaction of the Director of Engineering of the City acting reasonably. 8. It is acknowledged and agreed that the notice described in paragraph 2 will not be served at -3- a time when the required work cannot be performed due to frozen ground. 9. Service under this Agreement shall be deemed to be sufficient if sent by registered mail to the address for the owner listed on the assessment roll entry for the land. 10. It is acknowledged and agreed that the recitals to this Agreement shall form a part of this Agreement. 11. It is acknowledged and agreed that notice of this Agreement shall be registered upon the title to the land and that this Agreement shall run with the title to the land. IN WITNESS WHEREOF the Owners hereto have hereunto set their hands and seals and the City hereto has hereunto affixed its corporate seal, duly attested by the hands of its proper signing Officers and the said signing Officers certify that they have authority to bind the corporation. SIGNED, SEALED AND DELIVERED in the presence of a es Walker Per: THE CORPORATION OF THE CITY OF NIAGARA FALLS R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk CITY OF NIAGARA FALLS By -law No. 2009 A by -law to declare multiple City -owned lands surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lot 174 Plan 308, Lot 175 Plan 308, Lot 57 Plan 308 and Lot 286 Plan 308; 2. Glenholme Avenue Plan 44 north of Bellevue Street; 3. Glenholme Avenue Plan 44 lying between Highway 420 and Bellevue Street; 4. Jones Street Plan 100; 5. Tad Street Plan 89; 6. Ethel Street Plan 89; 7. Alem Street Plan 118; 8. Kenneth Avenue Plan 139; 9. Pew Street Plan 96; 10. Part Graham Street Plan 94 Stamford designated as Parts 2, 3 and 11 on Reference Plan 59R- 10309; and 11. Lot 39 Plan 318, Lot 40 Plan 318, Lot 41 Plan 318 and Lot 77 Plan 318; all in the City of Niagara Falls, in the Regional Municipality of Niagara, are hereby declared surplus. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the following road allowances are hereby permanently closed: Glenholme Avenue Plan 44 lying between Highway 420 and Bellevue Street. Glenholme Avenue Plan 44 lying north of Bellevue Street. Jones Street Plan 100. Tad Street Plan 89. Ethel Street Plan 89. Alem Street Plan 118 is a road allowance west of Montrose Road and south of Lundy's Lane. Kenneth Avenue Plan 139. Pew Street Plan 96. Part Graham Street Plan 94 designated as Parts 2, 3 and 11 on Reference Plan 59R- 10309. Smith Avenue Plan 139 Stamford except Part 1 on Reference Plan 59R -3386. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. WHEREAS the laws of the Province of Ontario permit municipalities to appoint employees, agents and third parties to enforce provincial or municipal laws; AND WHEREAS it is deemed expedient to appoint the individuals in this by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 4 of By -law No. 2002 -081 is deleted and the following is inserted in lieu thereof: "4. Pursuant to the Police Services Act, R.S.O. 1990, c. P.15, as amended, those persons set out in Schedules "DI "D2 "D3 "D4" and "D5" attached to this by -law are appointed for the purpose of enforcement of the City of Niagara Falls parking and traffic by -laws as they apply to private property and only at those locations set out in each Schedule." 2. Section 7 of By -law No. 2002 -081 is deleted and the following is inserted in lieu thereof: "7. Schedules "A "B "C "D1 "D2 "D3 "D4 "D5 "E "F" and "G" form part of this by -law." 3. By -law No. 2002 -081 is amended by deleting Schedule `B" and Schedule "B" attached hereto shall be inserted in lieu thereof. 4. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. 1. Parking By -law Enfor Paul Brady Frank Costabile Joshua Healy Jillian Oliver Guillermo Palomo SCHEDULE "D5" NIAGARA CLIFTON GROUP cement Officers on private property: 1. Municipal By -law Enforcement Officers: Wayne Allen Tim Burshtein Marzenna Carrick Val Cocimiglio Barry Dalton Karl Dren Doug Evans John Grubich Robert Judge Tony Pericelli Nick Pietrangelo Brian Sparks Cyril Vokey Ron Waters SCHEDULE "B" 1. Parking By -law Enforcement Officers: Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Marzenna Carrick Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGirolamo Larry Downing Hanya Goforth Kevin Howe Les Jarvis Erroll Kettell Noiiii Leonard David Lewis John MacLeod Rob McDonald John McPherson Kerri Michaud Kathy Moldenhauer Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Amanda St Laurent Matt Vandervelde Jana Vermeulen Brenda Wylie SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to recognize an existing place of worship and permit an expansion thereto, to reduce the parking requirements for a place of worship and to permit a portion of the required parking to be provided off -site. 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 Lands shall be identified as two parcels, known as Parcels I -865 and P -866. 3. 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. 4. 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. 5. The permitted uses of the Lands shall be: (a) For Parcel I -865; the uses permitted in an I zone. (b) For Parcel P- 866; arking for uses located on Parcel I -865. 6. The regulations governing the permitted uses on Parcel I -865 shall be: (a) Deemed lot the whole of Parcel I -865 shall be considered one lot (b) Minimum exterior side yard width (i for a freestanding steeple 12.5 metres from the centre line of the original street allowance of Willoughby Drive and 7.5 metres from the street allowance of Niagara Street (ii) for any other building or structure 15.7 metres from the centre line of the original street allowance of Willoughby Drive and 7.5 metres from the street allowance of Niagara Street (c) Maximum height of building or structure 10.4 metres subject to section 4.7 of By- law No. 79 -200 (d) Maximum occupancy of the largest room 240 persons of occupancy in a place of worship (e) Minimum number of required parking 48 spaces for a place of worship (t) Location of parking any required parking spaces that cannot be provided on Parcel I -865 shall be provided on Parcel P -866 (g) The balance of regulations specified for an I use. 7. The regulations governing the permitted use on Parcel P -866 shall be: (a) Minimum fencing (i) along and adjacent to a residential a close -board type fence with a minimum zone height of 1.8 metres (ii) along and adjacent to a street, a decorative fence or wall with a save and except for any minimum height of 1.2 metres driveways (b) Buildings and structures 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this By -law shall be shown on Sheet E6 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from I, in part, and R2, in part, to I and numbered 865, in part, and from R2, in part, to P and numbered 866, in part. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.865 Refer to By -law No. 2009- 19.1.866 Refer to By -law No. 2009 Passed this twenty -fifth day of May, 2009. none permitted DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 -2- Subject Land SCHEDULE 1 TO BY -LAW No 2009 Amending Zoning By -law No. 79 -200 Description: Presbyterian Church Lt E/S Church St PI 251 Village of Chippawa; Parsonage Lt E/S Church St PI 251 Village of Chippawa; Pt Lt Unnumbered PI 251 Village of Chippawa As In 6671379; Niagara Falls Pt Lt 4 W/S Church St PI 251 Village of Chippawa As In R085336; Niagara Falls Applicant: Chippawa Presbyterian Church Assessment #'s: 272512000407700, 272512000109800, 272512000109700 K: \GIS_Requests\ 2009 \Schedules\ZoningAM\AM- 06 \mappi ng. map 1:NTS AM- 2009 -006 April 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to permit a theatre with reduced parking requirements. 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 TC zone. 5. The regulations governing the permitted uses of the Lands shall be: (a) Deemed lot the whole of the Lands shall be considered one lot (b) Minimum parking requirements for a 1 parking space per 10 seats theatre (c) Maximum occupancy of theatre 700 persons (d) Minimum number of loading bays for a 2 theatre (e) Minimum landscaped open space (i between a parking area and Ellen Avenue, save and except for any driveways 2.1 metres (ii) between a building and Ellen 4.5 metres Avenue, where not separated by a parking area First Reading: Second Reading: Third Reading: -2- (iii) along and abutting the easterly 5 metres interior lot line save and except for one canopy which may extend 4.5 metres into the required landscape strip, and one waste disposal enclosure and associated lane (f) The balance of regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by renumbering the Lands from 684 to 863. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.863 Refer to By -law No. 2009 Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR S :\ZONING\AMS\2009 \BY -LA WS\Byam005 a.wpd May 25, 2009 May 25, 2009 May 25, 2009 SCHEDULE 1 TO BY -LAW No. 2009 Subject Land Amending Zoning By -law No. 79 -200 Description: Lts 9 to 53 68-to-K3 Inc. PI 2912Tovan of Niagara alts Pt 5, 59R12574; L,,6 61 PI 9f As In RO73795� Niagara Falls rt 6f L 54 -,6d, 62 7 PI 291,Except P,1 59R 574; (4- 2. 3 59 tJ lArt, r';,(1s Applicant: 1184486 Ontario Inc Assessment 272503000304900 K: \GIS_Requests\ 2009 \Schedules\ZoningAM\AM- 05 \mappi ng. map 1:NTS AM- 2009 -005 May 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200, to permit a hotel without meeting rooms and with reduced parking requirements. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) The uses permitted in a TC zone (b) A hotel without meeting rooms 5. The regulations governing the permitted uses of the Lands shall be: (a) Deemed lot the whole of the Lands shall be considered one lot (b) Maximum height 15 metres, subject to section 4.7 of By -law No. 79 -200 (c) Maximum number of bedrooms in a hotel 41 (d) Maximum number of seats in a restaurant 114 located in a hotel (e) Minimum parking requirements for a none required meeting room or rooms (f) Minimum landscaped open space (i) between a parking area and Ellen 2.1 metres Avenue, save an except for any driveways (g) (ii) between a parking area and 2.8 metres Magdalen Street, save and except for any driveways The balance of regulations specified for a TC use 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 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 Sheet D4 of Schedule "A" of By -law No. 79 -200 by renumbering the Lands from 684 to 864. 11. Section 19 of By -law No. 79 -200 is amended by deleting Section 19.1.684. 12. By -law No. 2004 -210 is repealed. 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.864 Refer to By -law No. 2009 Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S :\ZONING\AMS\2009 \BY -LA W S\Byam005b.wpd May 25, 2009 May 25, 2009 May 25, 2009 -2- SCHEDULE 1 TO BY -LAW No. 2009 Subject Land Description: 67 1-291 O� Ni ?A- 1 S�! N Se.-r c•. 1 it 4 Applicant: 1184486 Ontario Inc Assessment 272503000308500 K: \GIS_Requests\ 2009 \Schedules\ZoningAM\AM -05 \mapping, map Amending Zoning By -law No. 79 -200 1: NTS AM- 2009 -005 May 2009 A by -law to authorize the payment of $8,403,621.33 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 April 2, 2009 to April 29, 2009. Passed this twenty -fifth day of May 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 CITY OF NIAGARA FALLS By -law No. 2009 TIDE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number 2009 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones, Parking Prohibited, Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. 13y -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 4 TIMES OR DAYS St. Clair Ave. East Queen Street and Huron Street 9am -5pm Mon -Fri No re- parking within 5 hours of initial parking St. Lawrence Ave East Park Street and Huron Street 9am -5pm Mon -Fri No re- parking within 5 hours of initial parking COLUMN 5 MAXIMUM PERIOD PERMITTED 2 hours 2 hours -2- (2) by adding to the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN St. Clair Avenue East A point 26 metres south of 9am -5pm Queen Street and a point Mon -Fri 44 metres south of Queen No re- parking within Street 5 hours of initial parking St. Lawrence Avenue East Park Street and Queen Street 9am -5pm Mon -Fri No re- parking within 5 hours of initial parking (3) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN St. Clair Avenue St. Lawrence Avenue East by adding to the specified columns of Schedule M thereto the following items: LOADING ZONES East A point 44 metres south of Queen Street and At All Times a point 11 metres north of Huron Street Bus Loading Unloading A point 18 metres south of Queen Street and a point 10 metres north of Huron Street (4) by deleting from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS COLUMN 4 TIMES OR DAYS At All Times Bus Loading Unloading COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS St. Clair Ave. East Queen St. And a point 26 m South At any time north of Huron Street (5) by adding to the specified columns of Schedule C thereto the following items: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN PARKING PROHIBITED COLUMN 4 TIMES OR DAYS St. Clair Avenue East Huron Street and a point 11 metres At All Times north of Huron Street COLUMN 5 MAXIMUM PERIOD PERMITTED 2 hours 2 hours -3- (6) by adding to the specified columns of Schedule A thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS STOPPING PROHIBITED St. Clair Avenue East Queen Street and a point 26 metres At All Times south of Queen Street This By -law shall come into force when the appropriate signs are installed. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: May 25, 2009 Second Reading: May 25, 2009 Third Reading: May 25, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2009. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by -law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential /farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2009 taxation year have been set out in By -law 39 -2009 of the Regional Municipality of Niagara, dated 16`" day of April 2009; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara, and for public and separate school purposes for the 2009 taxation year have been set out in By -law 38 -2009 of the Regional Municipality of Niagara, dated 16" day of April 2008; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls has adopted estimates of all sums required to be raised by it during the year 2009; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2009 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Category RESIDENTIAL/FARM MULTI RESIDENTIAL NEW MULTI RESIDENTIAL Assessment Amount Assessment Amount General Urban Service Area 5,043,372,721 221,260,733 1 ,640,500 4,710,319,350 221,260,733 1,640,500 -2- COMMERCIAL Taxable General 11,376,000 11,376,000 Taxable Full 1,631,324,081 1,592,956,751 Excess Land 12,399,484 11,045,779 Vacant Land 85,965,163 77,853,413 Office Building 8,920,606 8,920,606 Excess Land 0 0 Shopping Centre 130,976,280 130,976,280 Excess Land 6,212,655 6,212,655 Parking Lot 25,951,550 25,617,800 INDUSTRIAL (RESIDUAL) Taxable Full 58,431,206 53,642,668 Excess Land 3,443,959 2,760,623 Vacant Land 12,904,104 11,766,879 LARGE INDUSTRIAL Taxable Full 17,392,169 17,392,169 Excess Land 219,154 219,154 PIPELINES Taxable Full 30,211,250 17,726,500 FARMLANDS 27,810,743 807,925 MANAGED FORESTS 558,225 0 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2009 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: First Reading: Second Reading: Third Reading: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $46,159,811.00, which includes the amount of $6,550,020.00 for waste management services; (ii) for public and separate school board purposes the sum of $44,497,109.00; (iii)for the purpose of The Regional Municipality of Niagara the sum of $60,812,231.00; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $6,018,253.00. 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by -law and such tax shall become due and payable for 2009 only, for, (a) Passed this 25 day of May, 2009 3 Residential, Pipeline, Farmland and Managed Forest Assessments on June 30, 2009 and September 30, 2009, and (b) Commercial, Industrial and Multi- Residential Assessments on August 31, 2009 and October 30, 2009. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By -law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by -law and to make a return of his or her Roll on or before the 31st day of December 2009. 7. This by -law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By -law shall form part of this By -law. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Assessment General Rates Urban Service Area Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Residential /Farm RT 0.435494% 0.072015% 0.668607% 0.252000% 1.428116% 0.069663% 1.497779% Multi- residential MT 0.897117% 0.148351% 1.377327% 0.252000% 2.674795% 0.143505% 2.818300% New Multi- residential 0.435494% 0.072015% 0.668607% 0.252000% 1.428116% 0.069663% 1.497779% Commercial Occupied CT /ST /DT 0.765859% 0.126645% 1.175808% 1.520000% 3.588312% 0.122509% 3.710821% Vacant Unit CU /SU /DU 0.536101% 0.088652% 0.823068% 1.064000% 2.511821% 0.085756% 2.597577% Vacant Land CX 0.536101% 0.088652% 0.823068% 1.064000% 2.511821% 0.085756% 2.597577% Industrial I- nx Occupied 1.145348% 0.189399% 1.758433% 2.488989% 5.582169% 0.183213% 5.765382% Vacant Unit 0.744477% 0.123109% 1.142983% 1.617843% 3.628412% 0.119088% 3.747500% Vacant Land 0.744477% 0.123109% 1.142983% 1.617843% 3.628412% 0.119088% 3.747500% Large Industrial Occupied LT 1.145348% 0.189399% 1.758433% 2.488989% 5.582169% 0.183213% 5.765382% Vacant LU 0.744477% 0.123109% 1.142983% 1.617843% 3.628412% 0.119088% 3.747500% Pipelines PT 0.727754% 0.120344% 1.117307% 1.490568% 3.455973% 0.116413% 3.572386% Farmlands FT 0.108873% 0.018004% 0.167150% 0.063000% 0.357027% 0.017416% 0.374443% Managed Forests TT 0.108873% 0.018004% 0.167150% 0.063000% 0.357027% 0.017416% 0.374443% Farmland Awaiting 0.326620% 0.054011% 0.501455% 0.189000% 1.071086% 0.052247% 1.123333% Development I Farmland Awaiting 0.435494% 0.072015% 0.668607% 0.252000% 1.428116% 0.069663% 1.497779% Development II -4- CITY OF NIAGARA FALLS 2009 Tax Rates Schedule "A" CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend a by -law to licence seasonal business. services. WHEREAS in June 2007, the City passed a by -law licensing seasonal business services in the Victoria Centre tourist core; and WHEREAS the by -law provided a licensing scheme to licence outdoor artisans; and WHEREAS these outdoor artisans, when properly regulated, provide vibrancy to a tourist area with substantial pedestrian traffic; and WHEREAS the by -law was instituted on a two -year trial basis; and WHEREAS the by -law has been effective, therefore, it is prudent to make it permanent. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Line 31 be deleted. 2. That the amendment come into effect on the passing of the by -law. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize the execution of an Agreement with the Regional Municipality ofNiagara (the "Region to operate the Grassy Brook Sanitary Sewage Pumping Station. WHEREAS the Grassy Brook Sanitary Sewage Pumping Station was completed in 2007 and is now fully operational; and WHEREAS the City ofNiagara Falls is responsible for operating the pumping station in accordance with the Certificate of Approval issued by the Ministry of the Environment; and WHEREAS it is necessary to have qualified staff to operate the station and perform the necessary maintenance; and WHEREAS it is practical to have the Region undertake these services; and WHEREAS it is the City's intention to transfer ownership of this asset to the Region of Niagara once it is fully funded. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between the Regional Municipality of Niagara and the Corporation of the City of Niagara Falls as City, respecting the terms and conditions for the operation of the Grassy Brook Sanitary Sewage Pumping Station, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. 4. That the by-law takes effect April 1, 2009. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009. May 25, 2009. May 25, 2009. 1.1 Definitions and GRASSY BROOK SANITARY SEWAGE PUMPING STATION OPERATING AGREEMENT THIS AGREEMENT made as of the 26th day of February, 2009 BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA (the "Region THE CORPORATION OF THE CITY OF NIAGARA FALLS (the 'City WHEREAS The Corporation of the City of Niagara Falls is the owner of the lands legally described as part of Part of Lot 10, Concession Broken Front Welland River Willoughby being Parts 1 5 on Reference Plan 59R -1236 and as in Ro182709, PIN 6444400002, in the City of Niagara Falls, in the Regional Municipality of Niagara and municipally known as part of 9240 Montrose Road, Niagara Falls (the "Lands AND WHEREAS the City is the owner of the sanitary sewage pumping station located on the Lands; AND WHEREAS the Ministry of the Environment on March 1, 2007, issued to The Corporation of the City of Niagara Falls (including its successors and assignees), Certificate of Approval for Municipal and Private Sewage Works Number 7765- 6XGS37 (the "Certificate AND WHEREAS the Certificate approved the construction of a sanitary sewage pumping station located on the east side of Montrose Road about 70 metres north of the intersection of Montrose Road and Grassy Brook Road (the "Station to discharge to the appurtenant sanitary forcemain approved in the same Certificate of Approval, all subject to terms and conditions; AND WHEREAS the Parties wish the Region, at the City's expense, to conduct all operational and maintenance requirements of the Certificate with respect to the Station; 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 follows: ARTICLE I INTERPRETATION 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) "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) "Certificate" means the Certificate of Approval for Municipal and Private Sewage Works Number 7765- 6XGS37 issued by the Ministry of the Environment on March 1, 2007, and attached hereto as Schedule "A (c) "Confidential 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 writing by the Parties as confidential), whether written or oral, tangible or intangible and in whatever form or medium provided; provided that the term Confidential Information shall not include information or data if: (i) it was known by or already in the possession of the party receiving such information or data without restriction, prior to its disclosure by the disclosing party; (ii) it is 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; (d) "Lands" means the property owned by the City and known municipally as part of 9240 Montrose Road in the City of Niagara Falls in the Regional Municipality of Niagara and more particularly described in Schedule "B" attached to this Agreement; (e) "Services" means the services set out in section 4.2 of this Agreement; and (f) "Works" means the components of the sanitary sewage pumping station as listed and described in the Certificate. 1.2 Interpretation Not Affected by Headings, Etc. Grammatical variations of any terms defined herein shall have similar meanings; words importing the singular meaning shall include the plural and vice versa; and words importing the masculine gender shall include the feminine and neuter genders and vice 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 interpretation of this Agreement. 1.3 Governing Law This Agreement is governed by the laws of the Province of 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 are attached to this Agreement and incorporated herein: Schedule "A" Certificate of Approval Schedule "B" Description of Lands 2 ARTICLE 2 GRANT 2.1 Grant of Rights to the Region The City grants to the Region, upon and subject to the terms, covenants, limitations and provisions set out in this Agreement, (a) the non exclusive right to enter the Lands for the purpose of providing the Services under this Agreement on and at the Station; and (b) the authority to carry out any and all work that the Region, in its discretion, determines is required at the Lands and on the Works for the Station facility in order to maintain compliance with the Certificate. 3.1 Term (g) ARTICLE 3 TERM The term of this Agreement shall commence on April 1, 2009 and shall continue for a period of one (1) year ending on April 1, 2010 "the Operating Year") unless terminated sooner in accordance with the provisions of Article 10. Subject to any further review, amendment or extension agreed between the Parties, it is the intention of the Parties that ownership of the parcel of land on which the sanitary sewage pumping station is located shall be transferred to the Region at the end of this Agreement, expected to be approximately one year. The exact parcel to be transferred has not been identified as of the date of commencement of this Agreement and is expected to be as laid out on a Reference plan to be prepared and registered by the City of Niagara Falls. ARTICLE 4 THE SERVICES 4.1 The Region shall undertake all operational and maintenance requirements for the Station facility in accordance with the requirements of the Certificate. 4.2 In order to fulfill its obligations under this Agreement, the Region shall perform the following Operation and Maintenance services (the "Services (a) perform routine inspections of the Station; (b) respond to maintenance requirements for the Works as necessary; (c) exercise and confirm operation of pump, alarms and controls, as required; (d) carry out additional work as required subject to prior approval by the City; (e) receive and respond to notification of all installed alarms; (f) undertake emergency actions as required to ensure continued operation of the Station; and carry out grass cutting and snow plowing on the Lands as required to access the Station. 4.3 In order to fulfill its obligations under this Agreement, the City shall provide the Region with a 24 hour emergency contact listing to deal with matters involving contractors, suppliers and deficiencies. 5.1 Fees for Services ARTICLE 5 COMPENSATION (a) The City shall pay to the Region fees in the amount of the actual costs of the Services plus the applicable GST as compensation for the Services performed by the Region under this Agreement on and at the Station. (b) Fees shall be paid by the City to the Region on a monthly basis. Each monthly payment shall be received by the Region within fifteen (15) days of the day the Invoice to be provided by the Region to the City is given pursuant to the Notice provisions of section 12.4. 5.2 Fee Calculations (a) The actual costs shall include payment for i. Required labour; ii. Required equipment; iii. Required materials; iv. Emergency expenditures; v. Major Scheduled Work as approved in advance by the City; and vi. Federal Goods and Services Tax "GST (b) The Region undertakes to use best efforts to mitigate emergency expenditures. (c) The Region shall provide an Invoice to the City for every month of the Operating Year, calculated as soon as possible after the end of each month once the actual costs have been determined. 6.1 Certificate of Approval ARTICLE 6 CITY'S OBLIGATIONS In addition to its obligations under Article 5 and elsewhere in this Agreement, the City shall comply with the applicable provisions of the Certificate. 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 comply with the Certificate. 4 7.2 Review of Agreement (a) At least two months before the end of the Operating Year the Region and the City shall meet to review the termination of this Agreement and plan for the transfer of the parcel of lands on which the Station is located to the Region; (b) If changes are agreed to by both Parties at any time during the currency of this Agreement, both Parties agree to implement the agreed changes to the Agreement in a timely manner; (c) Unless the Parties agree otherwise in writing, for the duration of any extension of this Agreement pending transfer of the Station to the Region, the terms and conditions of this Agreement shall remain in force and effect. 8.1 Insurance ARTICLE 8 INSURANCE 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) arising in any way out of the design or performance or non performance of the Station facility in this Agreement. Without limiting the generality of the foregoing, such claims include: (a) all claims for personal injury or death; (b) all claims in respect of damage to real or personal property; (c) all claims relating to any infringement of any right or privilege; and (d) all claims, orders, and charges with respect to non compliance with the Certificate. ARTICLE 10 TERMINATION 10.1 Early Termination Either party may terminate this Agreement by providing at least thirty (30) days written notice to the other party. 10.2 Survival on Termination Notwithstanding termination of this Agreement pursuant to this Article 10, the rights and obligations which have accrued or arisen hereunder prior to the time of 5 such termination or which directly result from such termination shall continue and shall not be affected or prejudiced thereby and such rights and obligations including the provisions of Article 9 of this Agreement, shall survive such termination and shall apply, mutatis mutandis, to the Parties and to the Station. 10.3 Accord and Satisfaction 1 No action taken by the Region for receipt by the Region of any payment which would have been authorized under this Agreement, after the effective date of termination of this Agreement, shall be construed to revive this Agreement or nullify such termination. ARTICLE 11 DISPU 'E RESOLUTION 11.1 Dispute Resolution If a dispute occurs between tha 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 party in writing, and the two project managers shall work together and use all reasonable efforts to resolve the dispute. If the project managers are una ale to resolve the dispute informally within five (5) business days of it being referred to them, the dispute shall be forwarded in writing to the Region's Commissioner of Public Works and the City's Director of. Municipal Works for resolution. Using direct communications, the Commissioner and Director will have fifteen (15) business days from the matter being referred to them to resolve the dispute. If the Commissioner and Director do not resolve the dispute, the dispute may, with the consent of both Parties, be referred to and finally resolved by arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17, as amended. The place of arbitration will be the Regional Municipality of Niagara in the Province of Ontario. ARTICLE 12 GENERAL PROVISIONS 12.1 Confidentiality Subject to the Region's obligations under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, and for the duration of this Agreement and continuing two (2) Operating Years after the termination of this Agreement, each party shall, except with the prior written consent of the other party: (a) not use or disclose to any other person or entity any Confidential Information disclosed by any party, except as necessary for the performance of their respective responsibilities under this Agreement; and (b) limit access to all Confidential Information disclosed by any party to such employees, agents, consultants, affiliates, lenders and advisors as have a direct need to know in connection with this Agreement. 12.2 Disclaimer of Partnership The Parties disclaim any intention to create a partnership or to constitute either of them the agent of the other. Nothing in this Agreement shall 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 by reason of any provisidn herein contained be deemed to be, the agent or 6 legal representative of the other party whether for purposes of this Agreement or otherwise, nor shall either party have any power or authority to act for, or assume any obligations or responsibility on behalf of, the other party. 12.3 Force Majeure Neither party shall be responsible for delays or non performance of this Agreement resulting directly or indirectly from impediments beyond its reasonable control (other than financial inability or by application of Applicable Law), including without limitation, any delay caused by fire or other impediment beyond the reasonable control of such party and not caused by an act or omission of such party, provided in the event of such delay or non performance, the party continues to act reasonably to resolve such delay or non performance. 12.4 Notices the City at: 12.5 Waiver Any notice, direction, request or document required or permitted to be given by either party to the other in writing 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 Corporation of the City of Niagara Falls Attention: Facsimile No: the Region at: The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Attention: Commissioner of Public Works Facsimile No.: 905- 687 -8056 or to such other address of a party as it shall specify to the other parties by written notice given in the manner aforesaid. Any such notice, direction, request, document or payment shall be deemed to have been given to and received by the party to whom it is addressed if: (a) delivered, on the date of delivery; (b) mailed, on the fifth day after the mailing thereof; (c) facsimile transmission before 5:00 p.m., on the date of facsimile transmission; and (d) facsimile transmission after 5:00 p.m., on the date following facsimile transmission. No consent or waiver, expressed or implied, by a party to or of any breach or default by another party in the performance by such other party of its 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 party to complain of any act or failure to act of another party or to declare another party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first mentioned party of its rights hereunder. 7 12.6 Amendments This Agreement may not be modified or amended except with the written consent of both Parties. 12.7 Further Assurances The Parties hereto agree that they will from time to time at the reasonable request of the other party execute any documents and take such further action as may be required to accomplish the purposes of this Agreement. 12.8 Successors and Assigns Assignment This Agreement shall enure to the benefit of and be binding upon the Parties and their respective permitted assigns and successors, which shall mean any successor to either of the Parties in accordance with any legislation providing for same. Neither 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 withheld. 12.9 Time Time shall be of the essence of this Agreement. Any time limits 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. 12.10 Severability In the event that any term, condition, 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 permitted by law. IN WITNESS WHEREOF the Parties hereto have duly executed this Agreement. DATED at Niagara Falls, this day of THE CORPORATION OF THE CITY OF NIAGARA FAL Per: Per: Name: Position: Name: Position: 2009 I/We have the authority to bind the corporation. DATED at Thorold, this 26th day of February,2009. THE REGIONAL MUNICIPALITY OF NIAGARA Per: Name: Kenne J. rothers Position: Commissioner of Public Works I have the authority to bind the corporation. 8 Schedule "B" Description of Lands Part of Part of Lot 10, Concession Broken Front Welland River Willoughby being Parts 1- 5 on Reference Plan 59R -1236 and as in Ro182709, PIN 6444400002, in the City of Niagara Falls, in the Regional Municipality of Niagara and municipally known as part of 9240 Montrose Road, Niagara Falls (the "Lands The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 CITY OF NIAGARA FALLS By -law No. 2009 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca April 3, 2009 His Worship Ted Salci Mayor The City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Edifice Ferguson, 3e etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327 -9200 www.mto.gov.on.ca SCHEDULEgP* Dear Mayor Salci: RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of,Agreement This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to continue increasing public transportation ridership to support development of strong communities, the Ministry is maintaining the Dedicated Gas Tax Funds for Public Transportation Program (the "program under which two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program 2008/2009 Guidelines and Requirements (the "guidelines and requirements In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in an amount up to $1,143,256 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $571,628 payable on receipt of this signed Letter of Agreement and related authorizing municipal by -law, and remaining quarterly payments thereafter beginning in January, 2009. 2 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's discretion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements, including those related to annual appropriations of funds by the Legislative Assembly of Ontario. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by -law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds only in accordance with the guidelines and requirements. 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the years 2008/2009. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this letter of agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired or to be acquired with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose, and in no event shall the additional funding result in the total funding under this Agreement exceeding the amount specified under Section 1. 8. If the Legislature fails to appropriate sufficient funds for the program, the Ministry may terminate this Letter of Agreement immediately by giving notice to the Municipality. In such instance the Ministry may cancel all further dedicated gas tax fund payments. 9. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. 10. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 27 Floor, Suite 2702 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies together with a copy of the authorizing municipal by -law, the Ministry will make arrangements for the payment of the dedicated provincial gas tax funds to the Municipality. Yours sincerely, Jim Bradley Minister of Transportation The Corporation of the City of Niagara Falls 3 I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. Per: Date: Mayor Per: Date: Chief Financial OfficerlTreasurer A by -law authorizing the Mayor and Clerk to execute a Grant of Easement between the Ontario Realty Corporation, acting as an agent on behalf of Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Energy and Infrastructure for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality related to lands described as Part of Township Lot 185 (Stamford Township) now City of Niagara Falls, further described as Parts 4 and 8 on Deposited Reference Plan 59R -13883 as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 CITY OF NIAGARA FALLS By -law No. 2009 RECITALS DEFINITIONS: (b) SCHEDULE "A" GRANT OF EASEMENT Her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls, in the Regional Municipality of Niagara, described as Part of Township Lot 185 (Stamford Township) now City of Niagara Falls, further described as Parts 4 and 8 on Deposited Reference Plan 59R -13883 (hereinafter referred to as the "Servient Tenement 2. The Transferee acknowledges that the fee simple interest in the Servient Tenement was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Electricity Act, 1998 S.O. 1998, c.15, Sched. A., as amended (the "Act and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc. has the primary right to use the Servient Tenement to operate a Transmission System or Distribution System. 3. The Transferee is the owner in fee simple of certain lands and premises located in the Town of Ajax, in the Regional Municipality of Durham which comprise part of its public infrastructure (hereinafter referred to as the "Dominant Tenement 4. Her Majesty the Queen in right of Ontario confirms that an authorized signing officer of Ontario Realty Corporation "ORC has the authority to execute this grant of easement (the "Grant of Easement on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of Ontario and ORC are and shall be bound by all the Transferor's covenants, representations and warranties provided herein. 5. The Transferee has offered to purchase for consideration a non exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the purposes of re- aligning a natural stream into an engineered open channel drainage facility (the "Purpose and for the installation of improvements, appurtenances or accessories thereto (hereinafter referred to as the "Works 6. The Transferee acknowledges that its right, interest and easement as granted hereby is subject and subordinate to the right of Hydro One Networks Inc. pursuant to the Act. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Transferor and Transferee hereto agree as follows: 1. As used in this Grant of Easement, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Servient Tenement, or the use thereof. "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Grant of Easement includes any part of a Distribution System located on the Servient Tenement. (c) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro (d) "Transferee" includes the successors and permitted assigns of the Transferee. (e) (f) (g) 2 chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). "Transferor" includes Her Majesty the Queen in right of Ontario, Ontario Realty Corporation and the successors and permitted assigns of the Transferor. "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, mortgagee, security holder or other person including any competent authority. "Transmission System" shall have the same meaning as defined in the Act and for the purpose of this Grant of Easement includes any part of a Transmission System located on the Servient Tenement. 2. Grant of Easement: The Transferor hereby transfers to the Transferee, a non- exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the Purpose and subject to the terms and conditions set out in this Grant of Easement, including, without limiting the generality of the foregoing, those terms and conditions dealing with termination rights, for a perpetual term commencing on the date of registration of the Grant of Easement (hereinafter referred to as the "Term and subject to the terms and conditions set out herein, including, without limiting the generality of the foregoing, those terms and conditions dealing with termination rights, and which the Transferee hereby accepts and agrees to perform and abide by. 3. Consideration: For the rights, interest and easement granted herein, the Transferee has paid to the Transferor an Easement Fee in the sum of Eighty -seven Thousand Dollars ($87,000.00) plus Goods and Service Tax (hereinafter referred to as "GST 4. Additional Taxes, Grants, Rates, etc.: The Transferee shall also pay to the Transferor within thirty (30) days of written demand, in addition to any other monies payable hereunder, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Transferor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Servient Tenement as owned by the Transferor and used by the Transferee pursuant to this Grant of Easement for the purposes stated herein. 5. GST: The Transferee shall pay GST on any and all payments if required by law. 6. No Rights Granted in Lands and Roads not Under the Transferor's Jurisdiction and Control: The rights, interest and easement granted herein does not confer any rights in regard to any lands and roadways which are not under the Transferor's jurisdiction and control. 7. Transferor Ownership Rights: Subject to the rights and covenants contained herein, the Transferor shall have the charge, administration, management, sale and disposition of the Servient Tenement and shall have the right to fully use and enjoy same. 8. Transferor Not to Damage Works: The Transferor shall not do or suffer to be done any thing which might cause injury, loss, or damage to the Works. 9. No Transferor Representations Regarding Condition of Title, Zoning etc.: The Transferee acknowledges that no representations or warranties have been made by the Transferor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Servient Tenement or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Servient Tenement including, without limitation, urea 3 formaldehyde foam insulation and any Environmental Contaminant. The Transferee acknowledges that the rights, interest and easement granted upon, under, along, over and across the Servient Tenement are on an "as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Transferee shall continue to exercise the rights and perform the obligations set out herein without abatement of the Easement Fee or any other claim in respect of the Servient Tenement or the use thereof. 10. Transferee Notice to Transferor Prior to Commencing Any Work: The Transferee shall, except in case of emergency, before commencing any work authorized by this Grant of Easement, give to the Transferor forty -eight (48) hours prior written notice, and in cases of emergency such prior notice as is reasonably possible, and during any construction work, repair and maintenance, the Transferor and/or Hydro One Networks Inc. may have its /their representatives present, for whose time and necessary expenses the Transferee shall pay on presentation of invoices therefore. 11. Priority of Third Party Rights: This Grant of Easement is subject to the primary right of Hydro One Networks Inc. to use the Servient Tenement to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licenses, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Transferor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Transferor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Transferee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Transferor or Hydro One Networks Inc. 12. Right of Termination Upon Default of Payment: If at any time the Easement Fee or any other amount payable hereunder is not paid when due, the Transferor shall provide written notice to the Transferee of such arrears and the Transferee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Transferor may terminate this Grant of Easement without any further notice. 13. Interest on Amounts in Default: In the event of default in payment of any amount due by the Transferee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Transferor may have hereunder or at law. 14. Transferee Compliance with Standards and Laws: The Transferee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard C -22.3, the "Safety Rules and Standard Protection Code" of Hydro One Networks Inc., The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 15. Transferee Environmental Compliance: The Transferee shall not permit on the Servient Tenement, at any time, the presence of any Environmental Contaminant, except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. 16. Trespass /Snow Restrictions: The Transferee shall not in any way use or trespass on any lands adjoining the Servient Tenement. The Transferee shall not pile snow on any of the Servient Tenement or any of the lands adjoining the Servient Tenement which would result in piles exceeding two metres (6.5 ft) in height or being closer than eight metres (26.2 ft) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Transferee acting in breach of this condition, the Transferor may remove any such pile, and the Transferee shall pay to the Transferor 4 forthwith upon demand all costs of the Transferor for the removal of any such pile of snow. 17. Hydro One Networks Inc. Prior Approval Required for Improvements, Grading, etc.: The construction or location of all improvements and structures and the grading and planting of trees on the Servient Tenement is subject to the prior written approval of the Transferor and Hydro One Networks Inc. 18. Transferee Fences and Barriers: If required to do so by the Transferor or Hydro One Networks Inc., the Transferee shall at its own expense erect and maintain fences or barriers to protect all present and future works of the Transferor and the Transmission System and Distribution System of Hydro One Networks Inc. on the Servient Tenement according to specifications of the Transferor and/or Hydro One Networks Inc. In the event the Transferee acts in breach of this condition, the Transferor may erect and maintain any such fences or barriers, and the Transferee shall pay to the Transferor forthwith upon demand all costs of the Transferor in erecting or maintaining any such fences or barriers. 19. Transferee Not to Interfere with Hydro One Networks Inc. System or Transferor's Permittees: The Transferee covenants and agrees that the Transferee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Transferor or of the Transferor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Servient Tenement from time to time, and without limiting the generality of the foregoing, the Transferee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. 20. Transferee Access Subject to Rights of Third Parties: The Transferor shall provide the Transferee with free and unimpeded access at all times to the Works, subject to any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Servient Tenement, and subject to the right of Hydro One Networks Inc. pursuant to the Act. 21. Transferee Access to Works: For the purposes set out herein and for all purposes necessary or incidental to the exercise of the rights hereby created, but subject to the restrictions contained in clauses 10 and 20, the Transferee shall have access to the Works located on the Servient Tenement at all times by its servants, agents, contractors and subcontractors and its vehicles, supplies, machinery and equipment, as appurtenant to the Dominant Tenement. 22. Transferee Right to Remove Trees, Rocks, etc.: The Transferor shall permit the Transferee to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rocks encountered during the course of completion of the Works, subject to any legal requirements and any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Servient Tenement, and subject to the right of Hydro One Networks Inc. pursuant to the Act. 23. Transferee to Exclude Third Parties: The Transferee shall take all reasonable steps to ensure that persons not affiliated with the Transferee not be permitted access to the Servient Tenement during the term of this Grant of Easement. 24. Transferor and Transferee to Obtain Approvals and Consents d C n s an Compliance lance with Laws: This Agreement shall be effective to create an interest in the Servient Tenement only if the applicable subdivision control provisions of the Planning Act, R.S.O. 1990, as amended, are complied with on or before the commencement of the Term. The Transferor, at the cost of the Transferee, shall obtain all necessary approvals, including zoning and consent from the Committee of Adjustment. The Transferee shall obtain consents from other easement holders on the Servient Tenement 5 including Hydro One Networks Inc. and shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders, including environmental protection laws, that relate to the Servient Tenement, this Grant of Easement or the exercise of any of the rights or obligations in this Grant of Easement. The Transferee shall reimburse the Transferor for the cost of obtaining the approval and Consent from the Committee of Adjustment prior to registration of this easement. 25. Markers Identifying Location of the Works: At the request of the Transferor or Hydro One Networks Inc., the location of the Works shall be indicated by permanent markers of size and design approved by the Transferor, which markers shall be placed and thereafter maintained by the Transferee at the Transferee's own expense in positions designated by the Transferor, and the Transferee shall reimburse the Transferor for all costs incurred by the Transferor in the installation of aerial warning devices or in taking other measures to comply with any rules and regulations of any governmental authority which would not have been incurred but for the rights, interest and easement herein granted. 26. Construction Liens: The Transferee shall make all payments and take all steps as may be necessary to ensure that no lien is registered against the Servient Tenement as a result of any work, services, or materials supplied to the Transferee or to the Servient Tenement. The Transferee shall cause any such registration to be discharged or vacated immediately after notice thereof from the Transferor or within ten (10) days following such registration, whichever is earlier. The Transferee shall indemnify and save harmless the Transferor from and against any liabilities, claims, liens, damages, costs and expenses, including legal fees, arising in connection with any work, services or materials supplied to the Transferee or the Servient Tenement. If the Transferee fails to cause any such registration to be discharged or vacated as aforesaid, then, in addition to any other rights of the Transferor, the Transferor may, but shall not be obliged to, discharge the same by paying the amount claimed into court, and the amount so paid and all related costs incurred in respect thereof by the Transferor, including legal fees and disbursements, shall be paid by the Transferee to the Transferor forthwith upon demand. 27. Transferee Property and People at Its Risk: All persons and property of the Transferee at any time on the Servient Tenement shall be at the sole risk of the Transferee, and neither the Transferor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Transferee releases the Transferor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. 28. Release of Transferor and Hydro One Networks Inc. for All Costs, Expenses, Losses, etc. arising from Termination: In order to induce the Transferor to grant this Grant of Easement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Transferee on behalf of itself, its successors and assigns, hereby: (a) releases and forever discharges the Transferor and Hydro One Networks Inc. and each of their successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Transferee, its successors and assigns, in respect or in consequence of the termination of this Grant of Easement in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; (b) agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Transferor or Hydro One Networks Inc.; and 6 (c) agrees that the Transferor and Hydro One Networks Inc. may plead this Grant of Easement as an estoppel. 29. Works to Remain Property of Transferee: Notwithstanding any rule of law or equity, any part of the Works consisting of fixtures, equipment and structures and appurtenances thereto, located upon the Servient Tenement pursuant to this Grant of Easement, shall be the property of the Transferee even though the same may have become annexed or affixed to the Servient Tenement. 30. Transferee Damage to Servient Tenement and Obligation to Restore: The Transferee shall be liable for physical and tangible damage done to the Servient Tenement and/or the Transferor's adjoining lands, by reason of the exercise of the Transferee of any or all of the rights and obligations set out herein and it shall remove all debris from the Servient Tenement and/or the Transferor's adjoining lands and repair and replace such damage and restore the Servient Tenement and/or the Transferor's adjoining lands to the satisfaction of the Transferor and Hydro One Networks Inc., at no expense to the Transferor. 31. Restriction of Assignment of Easement: The Transferee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Servient Tenement or this Grant of Easement or any privileges or interests hereby granted to it without the prior written consent of the Transferor which may be unreasonably or arbitrarily withheld, failing which the Transferor shall be entitled to terminate this Grant of Easement. 32. Transferee to Execute a Surrender of this Grant of Easement: In the event that the Transferee abandons the Works, the Transferee shall within a period of one (1) year thereafter, execute and deliver a surrender, transfer and release of the rights and easement herein granted. 33. Works May be Removed, etc. by Transferor and Hydro One Networks Inc. on 24 Hours' Notice: The Transferor, Hydro One Networks Inc. and anyone acting pursuant to its authority may at any time enter on the Servient Tenement and upon twenty -four (24) hours prior written notice to the Transferee or at any time without notice in case of emergency inspect, maintain, repair, re- arrange, add to, replace, relocate and remove any of the Transferor's installations or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new installations or equipment or new Transmission System or Distribution System as the Transferor or Hydro One Networks Inc. determines necessary or desirable and the Transferor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Servient Tenement. 34. Transferor May Terminate this Grant of Easement on Notice: Despite anything to the contrary in this Grant of Easement and without prejudice to the rights of the Transferor hereunder or otherwise, the Transferor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least nine (9) months prior written notice to the Transferee, to terminate this Grant of Easement in whole or in part, as the case may be, if the Transferee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Servient Tenement to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Transferee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Easement Fee payable hereunder. 35. Termination Matters, Including Removal of Works: If the Transferor delivers notice of termination pursuant to clause 34 above, then all or such required portion of the Servient Tenement shall be deemed deleted from this Grant of Easement effective 7 on the date of termination set out in such notice (the "Effective Date and this Grant of Easement shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Transferee shall at its sole expense and without claim or compensation of any kind remove or cause its Works to be removed from the Servient Tenement or such specific area(s) on or before the Effective Date in the manner set out in clause 42 below. Without prejudice to the rights of the Transferor hereunder, the Transferor will consider any reasonable request from the Transferee to continue beyond the Effective Date the Transferee's use of the Servient Tenement, 36. Hydro One Networks Inc. May Relocate or Remove Transferee and the Works 'f or st They Interfere with Hydro System: The Transferor reserves the right to inspect the Servient Tenement at any time. If in the opinion of the Transferor or Hydro One Networks Inc., the Transferee does anything or permits anything to be done on the Servient Tenement or the adjoining lands of the Transferor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous by the Transferor or Hydro One Networks Inc. acting reasonably, the Transferor or Hydro One Networks Inc. may, at the Transferee's expense, forthwith remove, relocate or clear the offending work from the Servient Tenement and/or the Transferor's adjoining lands without being liable for any damages caused thereby and the Transferee shall reimburse the Transferor or Hydro One Networks Inc. for all expense in so doing or the Transferor or Hydro One Networks Inc. may require the Transferee to immediately remove, relocate, clear or cease such activity. 37. Transferee Right to Notice of Default and Time to Cure: In the event of default of any of the terms or obligations in this Grant of Easement by the Transferee other than payment of any amount due hereunder, the Transferor may provide written notice to the Transferee specifying the default, and if the default is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Transferor may terminate this Grant of Easement immediately upon the expiration of the ten (10) day period aforesaid without any further notice. 38. Transferor May Cure Transferee Defaults: In the event of any default of the Transferee in performing any work, repairs, or other obligations of the Transferee under this Grant of Easement or making any payments due or claimed due by the Transferee to third parties, the Transferor may perform any such work, repairs, or other obligations of the Transferee or make any payments due or claimed to be due by the Transferee to third parties, and without being in breach of any of the Transferor's covenants hereunder and without thereby being deemed to infringe upon any of the Transferee's rights pursuant hereto, and, in such case, the Transferee shall pay to the Transferor forthwith upon demand all amounts paid by the Transferor to third parties in respect of such default and all costs of the Transferor in remedying or attempting to remedy any such default. 39. Transferee Assumption of Liability and Release of Transferor eror an d Hydro One Networks Inc.: The Transferee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Grant of Easement or anything done or maintained by the Transferee thereunder or intended so to be, and the Transferee shall at all times indemnify and save harmless the Transferor and Hydro One Networks Inc., and their successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom they are responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. The Transferee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Servient Tenement, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Transferee shall not be liable hereunder for any loss, damage or injury arising from the gross negligence of the Transferor or Hydro One Networks Inc. Ontario Realty Corporation 11 Floor, Ferguson Block, Queen's Park 77 Wellesley Street West Toronto, Ontario M7A 2G3 8 40. Transferee Liability Insurance: The Transferee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Transferor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Transferor and Hydro One Networks Inc. as provided in paragraph 39 of this Grant of Easement. The Transferee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Energy and Infrastructure, and ORC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Transferor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall have been delivered to the Transferor prior to the effective date of this Grant of Easement. 41. Transferee to Maintain Works: The Transferee shall maintain the Works in a good and substantial state of repair at all times. 42. Transferee to Remove Works within 6 Months of Termination: Upon termination of this Grant of Easement as herein set out or if at any time the Transferee should abandon the Works, the Transferee shall remove the Works from the Servient Tenement at its sole cost and expense within six (6) months of its abandonment or termination and restore the Servient Tenement to a condition satisfactory to the Transferor and Hydro One Networks Inc., unless notified in writing by the Transferor to the contrary. If the Transferor provides such written notice to the Transferee, all Works shall become the property of the Transferor without cost. 43. Freedom of Information and Protection of Privacy Act: This Grant of Easement and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Grant of Easement or of any information or documents. 44. Transferee Conflict of Interest: The Transferee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Transferor, with the Grant of Easement or the exercise of any of the rights or obligations of the Transferee hereunder. The Transferee shall disclose to the Transferor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Grant of Easement, the Transferee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Grant of Easement. 45. Notices: Where this Grant of Easement requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Transferor, to it in care of: Attention: Patrick Grace General Manager, Hydro One Service Delivery Telephone: 416 327 -2959 Telecopier: 416- 327 -3942 9 and, in the case of notice to the Transferee, to it in care of: The City of Niagara Falls City Hall, 4310 Queen Street. Niagara Falls, Ontario L2E 6X5 Attention: Ken Beaman, City Solicitor Telephone: 905- 356 -7521 Telecopier: 905- 357 -9293 46. No Waiver: The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Grant of Easement shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof or a waiver by that party at any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly or impliedly waives a right, power or option under this Grant of Easement. 47. Successors and Assigns: The rights, privileges and easement hereby granted are and shall be of the same force and effect as a covenant running with the lands and this easement, including all covenants and conditions contained herein, shall extend to, be binding upon and enure to the benefit of the Transferor and the Transferee. 48. Entire Agreement: No right, title or interest in or to the Servient Tenement or any part or parts of it or any adjoining lands of the Transferor is being conveyed to the Transferee except as expressly set out in and subject to all the terms and conditions of this Grant of Easement. 49. Governing Law: This Grant of Easement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 50. Registration and Legal Fees: The Transferee shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the Grant of Easement. All legal costs incurred by the Transferor's solicitor, inclusive of disbursements and G.S.T., as they pertain to the Grant of Easement and completion of the transaction shall be paid by the Transferee. 10 IN WITNESS WHEREOF the parties hereto have executed this Grant of Easement. Signed by the Transferee at Signed by the Transferor at this day of 20_. CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Position: Authorized Signing Officer Per: Name: Position: Authorized Signing Officer Uwe have authority to bind the Corporation. this day of ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF ENERGY AND INFRASTRUCTURE Per: Name: Position: Authorized Signing Officer I have authority to bind the Corporation 20 Ya Y i6 ,(1) erao can e HS „q r 66I 10I dIHSNMOL vttia+w Aei.cyry i Y Zf9Z1 2169 NV7d D 1Nbd 13 IA", dIHSNM 01 021 oae I ,F 4 Q 2 lava 1 ITT Z£'9Z1 N6S NH7d j .v w rsx +.w. n.n r. re n wew... J L01 dIH SNMOI +�i Qd�a Misr err uo� wsro� �x wz EI I0dJAW L S G OLDNV1S 0031 °W e l SCHEDULE "A CITY OF NIAGARA FALLS By -law No. 2009 A by -law to hereby authorize the execution of a Canadian Ontario Municipal Rural Infrastructure Fund (COMRIF) Funding Agreement Addendum between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA and the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement Addendum, in the form attached hereto, made between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA and the City ofNiagara Falls, respecting the Bridge Street COMRIF project, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty fifth day of May, 2009 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 City of Niagara Falls Contract Extension Amendment File 12087 FILE: 12087 AMENDING AGREEMENT THIS AMENDING AGREEMENT "Amending Agreement made in quadruplicate as of the day of 2009. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS WHEREAS AN AGREEMENT to improve and renew public infrastructure, dated October 18, 2005, was executed by Her Majesty the Queen in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the City of Niagara Falls (the "Agreement AND WHEREAS the parties wish to amend certain provisions of the Agreement as hereinafter set forth; AND WHEREAS the Agreement contemplates amendments; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows: 1. Schedule "A" General Terms and Conditions, Section 1 Definitions and Interpretation: a) "End of Financial Assistance Date" shall be amended by striking out "March 31, 2010" and substituting "March 31, 2011" therein; b) "Expiration Date" shall be amended by striking out "March 31, 2010" and substituting "March 31, 2011" therein; and c) "Final Claim Report Date" should be amended by striking out "December 31, 2009" and substituting "December 31, 2010" therein. 2. Schedule "C" Eligible Costs: a) Subsection C.1.2a) shall be amended by striking out "March 31, 2009" in the third line and substituting "October 31, 2010" therein. b) Subsection C.2.1a) shall be amended by striking out "March 31, 2009" in the third line and substituting "October 31, 2010" therein. 3. Schedule "D" (BUDGET) is set aside and Schedule "D as attached to this Amending Agreement, is substituted thereto. Page 1 of 2 Affix Corporate Seal City of Niagara Falls Contract Extension Amendment File 12087 and 4. Schedule "E" (PROJECT SCHEDULE (MILESTONE) is set aside and Schedule "E as attached to this Amending Agreement, is substituted thereto. THE PARTIES FURTHER AGREE that all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have respectively executed this Amending Agreement as of the date first written above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS NAME: The Honourable Leona Dombrowsky DATE TITLE: Minister of Agriculture, Food and Rural Affairs THE CORPORATION OF THE CITY OF NIAGARA FALLS NAME: Ted Salci DATE TITLE: Mayor NAME: Dean lorfida DATE TITLE: Clerk Page 2 of 2 SCHEDULE "D" BUDGET COMRIF #12087 Bridge St. Niagara Falls ESTIMATED COSTS Project phase 1. Construction 2. Preliminary engineering (Environmental Assessment, stages 5 7) 3. Engineering (final design /supervision) 4. Project management 5. Surveys 6. Miscellaneous 7. Sum of (1 to 6) 8. Grants from other sources (specify) 9. Total eligible cost (7 minus 8) Eligible Costs $5,786,065 $77,419 $5,863,484 $5,863,484 (d) Complete the following table: CASH FLOW BASED O TOTAL IN TABLE (c) MUST BE EQUAL WI LINE 9 O SO MATED COSTS it (April June) Q1 (July Sept.) Q2 (Oct. Dec.). I (Jan.- March) Q3 Q4 2004/05 2005/06. 2006/07 2007/08 2008/09 2009/10 2010/11 2,000,000 270,000 456,959 $558,000 600,000 320,000 $157,000 1,200,000 301,525 $5,863,484 O M r0 O M O N O o V r 0 O M O 0 o o5 CO M C 0 co N O 0 o0 r- co O0 o a o C7 l a8 (O M op to CD PC o0 ID N P O 0 In N 4 C7 M d MILESTONE DESCRIPTION Construction Second Ave. Storm Sewer Second Ave. Sanitary Sewer Second Ave. Watermain First Ave. Storm Sewer First Ave. Sanitary Sewer First Ave. Watermain Q3 October December CITY OF NIAGARA FALLS 13y -law No. 2009 A by -law authorizing the Director of Municipal Works to execute a booking and licence agreement with RRVP Niagara Square, Riocan Property Services for displays related to National Public Works Week. WHEREAS Niagara Falls City Council proclaimed the week of May 17 -23, 2009 as National Public Works Week; and WHEREAS City of Niagara Falls Municipal Work's staff organized various events in association with the week; and WHEREAS these events and displays were held at Niagara Square; and WHEREAS Niagara Square requires groups using their space to sign a booking and licence agreement; and WHEREAS there is no fee involved, therefore, it is appropriate for the Director of the appropriate division to sign said booking and licence agreement. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between the Regional Municipality of Niagara and the Corporation of the City of Niagara Falls as City, respecting booking space for displays related to National Public Works Week, is hereby approved and authorized. 2. The Director of Municipal Works is hereby delegated authority to execute the said Agreement. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009 BETWEEN: BOOKING AND LICENCE AGREEMENT This agreement made the day of ,2009. RRVP NIAGARA SQUARE RIOCAN PROPERTY SERVICES (hereinafter referred to as the "Licensor and The Corporation of the City of Niagara Falls City of Niagara Falls 905- 356 -7521 hereinafter referred to as the "Licensee In consideration of the fee, covenants and agreements herein contained, the Licensor and the Licensee agree as follows: The Licensor hereby authorizes the Licensee to use specific areas (the "Premises of NIAGARA SQUARE the "Centre as indicated on the attached plan, on the date or dates (the "Term and at the times listed for the purpose described, subject to the following: Dates: May 23, 2009 Area: Centre Court to Winners. approximately 6 tables with electricity inside and an area in the parking lot outside the entrance leading into Winners for display vehicles used by the City to maintain our infrastructure. We understand that the vehicles would be located nearer to Montrose Road in that area. Use: see area Cost: $0 1 The Licensee will supply all necessary equipment required in order to conduct its business. 2. The Licensee shall conduct its business in accordance with all applicable Government Regulations. 3. The Licensee shall conduct its business on the Premises in a manner acceptable to the Licensor in every aspect and any equipment used will be of a kind and type acceptable to the Licensor. 4. The Licensee shall take out and keep in force during the Term, comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, tenant's legal liability, non owned automobile liability, bodily injury, death, and property damage, all on an occurrence with respect to the business carried on in or from the Premises and the Licensee's use and occupancy of the Premises and of any other part of the Centre, with coverage for any one occurrence or claim of not less than Two Million Dollars ($2,000,000). Additional insured: RRVP NIAGARA SQUARE, RIOCAN REAL ESTATE INVESTMENT TRUST, RIOCAN PROPERTY SERVICES TRUST 5. The Licensee agrees that the Licensor shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to, the Licensee or its employees, invitees or licensees or any other person in, on or about the Centre unless resulting form the actual fault, privity or negligence of the Licensor, and in no event shall the Licensor be liable: (i) for any damage which is caused by steam, water, rain or snow which may leak into, issue or flow from any part of the Centre or from the pipes or plumbing works, including the sprinkler system, therein or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of sprinkler heads or for any damage caused by anything done or omitted by any tenant or person; (ii) for any act or omission (including theft, malfeasance or negligence) on the part of any agent, contractor or person from time to time employed by it to perform janitor services, security services, supervision or any other work in or about the Premises or the Centre; (iii) for loss or damage, howsoever caused, to merchandise, stock in trade, money, securities, negotiable instruments, papers or other valuables of the Licensee; or (iv) for any interruption of, or interference with, the Licensee's use and occupancy of the Premises which is beyond the reasonable control of the Licensor. 6. The Licensee agrees to indemnify and save harmless the Licensor in respect of: all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Licensee or any agent, employee, contractor, invitee or licensee of the Licensee, and in respect of all costs, expenses and liabilities incurred by the Licensor in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (ii) any loss, cost, expense or damage suffered or incurred by the Licensor arising from any breach by the Licensee of any of its covenants and (i) obligations under this agreement; and (iii) all costs, expenses and reasonable legal fees that may be incurred or paid by the Licensor in enforcing against the Licensee the covenants, agreements and representations of the Licensee set out in this agreement. 7 The Licensee shall not under any circumstances assign this agreement to any other party. 8. It is understood and agreed that no tenancy is created by virtue of this licence agreement and that the Licensor is not responsible for providing anything other than the Premises. 9. The Licensee shall be responsible for the cost of repair of any damage to property caused by reason of its use of the Premises or any other part of the Centre. The Licensee shall not affix anything to the walls or ceilings of the Centre without permission of the Licensor. 10. The Licensor reserves the right to cancel this booking and licence agreement at its sole discretion at any time. IN WITNESS WHEREOF the parties hereto have executed this Booking and Licence Agreement. RIOCAN PROPERTY SERVICES per: Signature (Licensor) The Corporation of the City of Niagara Falls per: Signature (Licensee) 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 25t day of May, 2009. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 25 day of May, 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. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -fifth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 25, 2009 May 25, 2009 May 25, 2009