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2009/06/29COUNCIL MEETING Monday, June 29, .2009 Order of Business and Agenda Package e - 0 Preserve Our Parks COUNCIL MEETING June 29, 2009 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of June 8' 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 /PRESENTATIONS Stamford Centre Volunteer Firemen's Association Don Pierson of the Association will make a presentation informing Council of the building of the new hall at Firemen's Park and also request that the City provide a grant equal to the Building Permit Fees and Development Charges for the new hall. Les Khan, Norma Guindon and Marg Germano from the Preserve Our Parks group will make a presentation on the state of the Niagara Parks lands. 1. Chief Administrative Officer MW- 2009 -45 2009 Development Charges Background Study Final Report Background Material: Recommendation Report: PD- 2009 -49 -AND - Correspondence from Tom Szucs -Curtis 2 DEVELOPMENT CHARGES PLANNING MATTERS Public eeting AM- 2009 -008, Zoning By -law Amendment Application 6361 Fallsview Boulevard, Southwest Corner of Stanley Avenue and Murray Street and South Side and North Side of Robinson Street West of Allendale Avenue. Applicant: Hospitality Resorts Inc. ( Vince DiCosimo, President) Agent: Ed Lustig, Broderick and Partners LLP Removal of Requirement fora Convention Centre in a Hotel and Permitting a Majority of the Required Parking for the Hotel Off -Site MAYOR'S REPORTS, ANNOUNCEMENTS -3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Royal Canadian Regiment - that July 11 be proclaimed as "Support the Troops" day. RECOMMENDATION: For the Approval of Council. 2.a Club Italia - that a Fireworks display be allowed in conjunction with the Club's annual picnic on July 12, 2009. 2.b Great Wolf Lodge - that a Fireworks display be allowed for the hotel guests on August 3r and September 6 RECOMMENDATION: For the Approval of Council, subject to providing the appropriate insurance in the form requested by the City. 3.a Victoria Centre B.I.A. - that the 2009 budget be approved. 3.b Fallsview B.I.A. - that the 2009 budget be approved. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. LEGAL MATTERS CLERKS MATTERS 2. 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. 1. Chief Administrative Officer L- 2009 -27 - Permanently Close and Declare Surplus Green Avenue. 1. Chief Administrative Officer CD- 2009 -07 - Renaming of Highway 420 CD- 2009 -08 - Adult Entertainment Appeal 4 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 -05 - Crawford Adjusters Canada, Amendment of Agreement for Insurance Adjusting Services F- 2009 -35 - Major Receivables (May) F- 2009 -36 - Municipal Accounts MW- 2009 -43 - Historic Drummondville CIP Area Consultant Appointments MW- 2009 -44 - Kalar Road Sanitary Sewer Replacement Consultant Fee Adjustment - Associated Engineering MW- 2009 -46 - Tender #2009 -03, Asphalt Overlay City Wide MW- 2009 -47 - Tender #2009 -002, Sidewalk and Concrete Repair City Wide MW- 2009 -48 - Consultant Appointment Low Lift Pumping Station Chippawa Sewer Flooding Relief Analysis MW- 2009 -49 - Tender # T07 -2009, New Equipment Purchase PD- 2009 -47 - SWC- 2009 -002, Sidewalk Cafe Licence Agreement 4317 Queen Street, Queens Restaurant PD- 2009 -48 - Request for Deeming By -law, Lots 6,7,8, 30 and Part Lot 11, Plan 54, Owner: Mario Criveller,1788615 Ontario Limited, 6853, 6863 and 6871 Lundy's Lane. PRC- 2009 -26 - Tender TR05 -2009, Landscape Development of Niagara Falls Lions Park (Phase 1) RESOLUTIONS THEREFORE BE IT RESOLVED that Regional staff be respectfully requested to expedite the extension of Thorold Stone Road in time for the Spring of 2010 opening of the Gale Centre. -AND- PRC-2009-25 - Gale Centre Arena Construction Update * * * ** BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -103 A by -law to designate Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 to be deemed not to be within a registered plan of subdivision. (SPC- 2009 -006) 2009 -104 A by -law to provide for the adoption of Amendment No. 90 to the City of Niagara Falls Official Plan. (OPA No. 90) 2009 -105 A by -law to permanently close part of a highway. 2009 -106 A by -law to declare Green Avenue Plan 87 Stamford lying north of Watson Street, in the City of Niagara Falls, surplus. 2009 -107 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Radinka Kuntos and Nemanja Kuntos c.o.b. as Queens Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Queens Restaurant located at 4317 Queen Street. 2009 -108 A by -law to authorize the payment of $33,906,967.52 for General Purposes. 2009 -109 A by -law to authorize the execution of an Agreement with Church at the Falls respecting the Adopt -A- Street public service program for volunteers. 2009 -110 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Magdalen, Clifton Hill, St. Clair & St. Lawrence Ave.) 2009 -111 A by -law to establish a reserve fund for the development and sale of surplus lands. 2009 -112 A by -law to establish a reserve fund for the Niagara Falls Sports Foundation. 2009 -113 - 6 - A by -law to authorize the execution of an Equipment Lease Agreement with St. Catharines Transit Commission, respecting the rental of five buses from St. Catharines Transit Commission to the City to facilitate GO Transit arrivals and departures. 2009 -114 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of June, 2009. NEW BUSINESS I (6/19/2009) Teresa Fabbro - council presentation From: "Nick Louras" <nlouras @cogeco.ca> To: <Ipicca @niagarafalls.ca> CC: <tfabbro @niagarafalls.ca> Date: 5/30/2009 4:34 PM Subject: council presentation Dean, The Stamford Centre Volunteer Firemen's Association of which I am a member, are requesting to make a presentation to City Council regarding our association and the building of our new hall at Firemen's Park. The association will be requesting a grant from the City in lieu of the Building Permit Fees and Development Charges for the new hall. Don Pierson from our association would be making the presentation with approximately 6 members present. If possible we would prefer to be placed on the June 29/09 agenda. Please advise if this is acceptable or if you require additional information. Thanks, Steve Page 11 Corporate Services Department Clerk's Division Inter - Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Preserve Our Park RECOMMENDATION: Council receive the presentation for information. NiagaraFalls CANADA DATE: June 29, 2009 At the last Council meeting, Councillor Wing brought up the Preserve Our Park issue. An ad hoc group of residents has brought up concerns regarding the state of the Niagara Parks. Prior to the June 9 Council meeting, John Kernahan, General Manager indicated to myself that should Council entertain the Preserve Our Park group that the NPC would like an opportunity to respond. Subsequently, Mr. Kernahan has declined to participate, offers to meet with the group and feels the matter is not within the City's jurisdiction. Staff concurs that although the issue may be of a local public interest but it is not a matter the municipality has any direct jurisdiction over. If the group truly wants to affect some positive result, they should ask for an audience with the NPC (Chair or GM) or, failing that, a meeting with Kim Craitor, M.P.P. The Preserve Our Park group has forwarded a number of photos outlining neglect in the Parks system. These photos have been forwarded to the NPC. Mr. Kernahan's recent comments in the Niagara Falls Review outline his response to the photos. City staff have forwarded the contact information of Preserve Our Park and, hopefully, a meeting will take place. Working Together to Serve Our Community Clerks • Finance • Human Resources • Infomtation Systems • Legal • Planning & Development L(6723/2009 Dean lorfida RE Preserve Our Park Pa From: To: Date: Subject: CC: Dean: John Kernahan, P. Eng., General Manager The Niagara Parks Commission P.O. Box 150 Niagara Falls, ON L2E 6T2 Kernahan John <jernahan @niagaraparks.com> "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> 6/11/20094:30 PM RE: Preserve Our Park Williams Jim <jlliams @niagaraparks.com >, Vince Kerrio <kerrio @overlook... got your memo below about the Council meeting. As discussed previously this is not a Council matter and a presentation in that venue would be inappropriate on a number of different levels. If you feel the Preserve Our Parks group is genuinely interested in discussing the welfare of the Park and how they might assist then I would hope that you would convey to them my readiness to meet with them at a mutually convenient time. Perhaps you could let me know who from the Preserve Our Parks group has been in touch with you to make the request for Council to act on their concerns. Thank you. Tel: 905 - 356 -2241, ext 225 Fax: 905 - 354 -6041 Visit us on the web www. niagaraparks. com <http: / /www.niagaraparks.com> > »> Dean Iorfida 6/9/2009 11:42 AM »> > Hi John: > Councillor Kerrio may have brought you up to speed already but last night Councillor Wing brought up the Preserve Our Park concerns under New Business. > Council passed the following motion: > That Preserve Our Parks and the Niagara Parks Commission be invited to attend the next Council meeting (June 29) to address the concerns presented by Preserve Our Parks. > The group provided the photos attached, which will provide the starting point for discussion. > Call me and we can discuss this further. > Thanks > Dean Create a cool, new character for your Windows Live(tm) Messenger. Check it out http:// go .microsoft.com / ?linkid= 9656621> Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, 6/0/2009) Dean lorfida Re: Council Meeting June 29th From: To: Date: Subject: Hi Marya: Dean Iorfida mbuckinl @becon.org 6/19/2009 8:44 AM Re: Council Meeting June 29th 7:00 p.m. I will be scheduling your item close to the beginning of the agenda. I'll e-mail a copy of the order of business to you next week. Thanks Dean »> <mbuckinl@thecon.orq> 6/18/2009 10:23 PM »> Yes, Dean...Representatives of Preserve Our Parks will be there. Would you please send me the Time of our place on the Agenda as previously requested. Thanks, Marya > No problem, Marya. I appreciate that. I will forward the group's > interest to Mr. Kernahan. > I also assume you are still interested in coming to Council on the 29th. > Thanks > Dean »» <mbuckin1C@becon.orq> 6/18/2009 3:50 PM »> > Hi Dean, > sorry to take so long getting back to you regarding meeting with the Parks > Commission. With such a large group it takes a while to phone folks for a > conscensus. > Yes, we will be glad to meet and will be available anytime after July 2nd > to impart additional advice on how to manage the Parks. We suggest a > neutral meeting place such as the Library. > Marya > » Hi Marya: » I am assuming you are the appropriate contact person for Preserve Our » Parks based on last week's e- mails. » As you may be aware, at Monday's Council meeting, Council passed the » following motion: » That Preserve Our Parks and the Niagara Parks Commission be invited to » attend the next Council meeting (June 29) to address the concerns » presented by Preserve Our Parks. » I have provided a copy of the photos of concern to the NPC. » Can you confirm that a representative (s) from Preserve Our Parks will » be » present to speak and if you could provide me names by the end of next » week, it would be most helpful. » Thanks » Dean Niagara Falls Review THE NIAGARA FALLS R 40i Wfiry r fliafzara Fats, OIL W5 tS711 Parks commission 'neglecting' maintenance, citizens group alleges Perceived ° deterioration° simply the ravages of winter, NPC manager says Updated 6 days ago « Back If Queen Victoria Park looks bad, all of Niagara Falls looks bad, says a citizens group concerned about what its members say is the deterioration of buildings, roads, sidewalks and streetlights on Niagara Parks Commission property. The Preserve Our Parks group acquired about 60 photographs of what its members call "neglect and deterioration" of the park. "We think the people have a right to see these photos. I think they'll be appalled," said Pat Mangoff, an organizer of the Preserve Our Parks group, a self - appointed watchdog group. They show things like broken curbs, potholes, flaking paint and rust on streetlights, rusted railings on outdoor stairways, and broken panes of glass on decorative lampposts. One image shows the rusting body of the decommissioned incline railway that used to be in service by the Maid of the Mist area. But Niagara Parks Commission general manager John Kernahan said the photos show the kind of disrepair common on public property following the ravages of winter. "Anybody who has an operational understanding of municipal -type infrastructure wouldn't be surprised by these pictures, given the time of year they were taken," said Kernahan. Mangoff said she believes the pictures were taken over the Easter weekend in April, but doesn't know who took them — only that they were forwarded to her group. It formed in 2004 to oppose the commission's plans to build a cable -car ride in the Niagara gorge between the Maid of the Mist elevator and Table Rock House. The Preserve Our Parks group's concerns about "deterioration" are the tip of the iceberg. When five members met Tuesday to discuss the pictures, the topic turned to other beefs they have with the parks commission, including the renewal of a lease with the Maid of the Mist Steamboat Co., the amount of money spent on the new Niagara's Fury attraction and the fact the commission meets in secret. Preserve Our Parks members said they wonder if the deterioration they perceive in Queen Victoria Park is because the the parks commission doesn't have enough money to stay on top of routine maintenance because its money is tied up in new attractions like Niagara's Fury, the $7- million attraction it opened last year. If the commission operated more openly, the public could see its decisions and have a better understanding of whether they do or don't have the money to maintain their property, they said. "The central issue is, how much of this would be happening if they could be open," said Marya Buckingham, a Preserve Our Parks member. "If they were open and doing their job, nobody would have to be playing watchdog." City council will give the group a forum for their concerns at the June 29 council meeting. Council also invited the parks commission to respond to the photos and the group's concerns about maintenance in Queen Victoria Park. Parks commission officials don't plan to attend the council meeting. Page 1 of 2 http:// www. niagarafallsreview .ca/PrintArticle.aspx ?e= 1615492 6/23/2009 Niagara Falls Review Page 2 of 2 no. We're not doing that," Kernahan said. "It wouldn't be appropriate for council to deal with the matter. They have no jurisdiction." Kernahan said he has offered through city hall to meet privately with the group about maintenance issues. The parks commission has a budget for maintenance and has plans to paint streetlights and replace broken glass. A photo of a broken concrete curb appears to be the result of a snow plow strike, Kernahan saki. "For the most part, they are works under construction or the normal types of experiences you see every spring," said Kernahan, an engineer with 25 years' experience in public works with the Niagara region and London, Ont. "These are operational items we have to keep up with and we do this in the fullness of time." Kernahan denied Niagar's Fury is taking money away from park maintenance, saying the new attraction is the reason the park commission's attractions revnue is up from last year. Coun. Janice Wing is the reason parks commission maintenance issues are going to be discussed at the next council meeting, after raising the Preserve Our Parks concerns last week. "The Niagara Parks has always kept Queen Victoria Park very nicely. It's always been immaculate. What I'm seeing is something less than immaculate," Wing said, adding she was "shocked" by the pictures. While council has no control over the parks commission, its maintenance is a "valid" issue at city hall, she said. If the public's impression of Niagara Falls is tarnished it could affect future tourism, the success of businesses and city property tax revenue. The millions of people who visit Queen Victoria Park aren't aware of the distinction between city parks and those run by the Niagara Parks Commission, a provincial government agency, Wing said. Kernahan dismissed that idea, calling it "silly." He said he would be "glad" to put the condition of Niagara Parks property up against the condition of "any one of their (city) parks." clarocque@nfeview.com You decide — Are potholes, flaking paint and rusty streetlights signs the Niagara Parks Commission has let maintenance in Queen Victoria Park slide, as the Preserve Our Parks watchdog group claims? Or are they simply the ravages of winter that have to be fixed up, now that the nice weather is here, as parks commission management says. Photos the Preserve Our Parks citizens group will present to city council are reproduced on The Review's website. Copyright © 2009 Niagara Falls Review http:// www. niagarafallsreview .ca/PrintArticle.aspx ?e= 1615492 6/23/2009 ° 'kr; .3• � _��z _ s .� -� June 29, 2009 MW- 2009 -45 Niag araJlalls His Worship Mayor Ted Salci c A N A D A and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -45 2009 Development Charges Background Study Final Report (Watson & Associates Economists Ltd.) RECOMMENDATION: 1. That this report be received for information. 2. That public input be received at the public meeting held June 29, 2009. 3. That staff present a final report for the consideration of Council noting options. BACKGROUND: The purpose of this report is to receive the information presented in the City of Niagara Falls 2009 Development Charge Background Study (June 12, 2009) and to consider any comments and presentations made by the public prior to the passing of the Development Charge By -law tentatively scheduled for the meeting on July 20, 2009. At its meeting on June 23, 2008, City Council adopted the staff recommendation in report MW- 2008 -35 to engage the consulting services of Watson &Associated Economists Ltd., to complete the Development Charges Background Study required under the Development Charges Act, 1997 (DCA). On January 29, 2009, Council participated in a Development Charges Workshop which was intended to share ideas and develop strategic direction that would allow the consultant to finalize the quantum of the charge and the policy decisions that might affect its outcome. Staff provided an update on May 25, 2009 (see report MW- 2009 -23) with some preliminary calculations and invited the public to attend a stakeholders meeting on June 2, 2009. Attached to this report is a copy of the executive summary of the consultant's report which includes the calculation of development charges based on staff input. Staff has advertised this Public IVleeting in the local newspapers on May 27 and June 2nd in accordance with the DOA Full copies of the complete Development Charges Background Study have o tPavailable since June 12, 2009. ueern Street; PO Box1 anada 'L2E 6x5';905 356 7521 ww .niagarafalls;ca Working Together to Serve Our Community ommunit June 29, 2009 - 2 - The public meeting scheduled for June 209, 2009 will be an opportunity for Council and staff to hear input from the public. No decisions will be made on June 29 Staff will prepare a final report, noting various options Council can consider for the July 20, 2009 meeting. Recommended by: Approved by: Respectfully Submitted by: Geoff Holman, Director of Municipal Works Ken To d, Chief Administrative Officer Attach: S: \REPORTS\2009 \MW- 2009 -45 - 2009 Development Charges Study - Final Report.wpd MW-2009-45 Ed Dujlovic, Exderitive Director of Community Services CITY OF NIAGARA FALLS 2009 DEVELOPMENT CHARGE BACKGROUND STUDY JUNE 12, 2009 ECONOMISTS LTD. W at so n & Associates 4304 Village Centre Court Mississauga, Ontario Canada L4Z 1S2 Phone: (905)272 -3600 Fax: (905)272 -3602 e -mail: info @watson - econ.ca Planning for growth EXECUTIVE SUMMARY Watson & Associates Economists Ltd M ::WiagFati{DC 20084dc background study.doc EXECUTIVE SUMMARY 1. Purpose of this Background Study 1.1 (i) This Background Study has been prepared pursuant to Section 10 of the Development Charges Act, 1997 (DCA) and, together with the proposed by -law, is being made available to the public, as required by Section 12 of the Act, more than two weeks prior to the public meeting of Council, which is to be held June 29, 2009. 1.2 The charges calculated represent those which can be recovered under the DCA, 1997, based on the City's capital spending plans and other assumptions which are responsive to the requirements of the DCA. A decision is required by Council, after receiving input at the public meeting and other consultation sessions and receiving the completed study and by -law, as to the magnitude of the charge it wishes to establish, for residential, commercial, industrial and /or institutional development. Property tax, user rate or other funding will be required to finance any potentially DC- recoverable capital costs which are not included in the charge which is adopted. 1.3 Other decisions are also involved in finalizing development charge policy and the by -law, including exemptions, phasing in, indexing, applicability to the redevelopment of land, and the schedule of charges by type of land use. It is the purpose of the public meeting and consultation activity, to obtain input on these matters. 2. The 2009 Development Charge Calculation 2.1 Table ES -1 presents the proposed schedule of City -wide charges, based on the costing and related assumptions contained in Appendices B & C, in comparison with the City's existing development charges. The calculated charges are reflected in the proposed by- law contained in Appendix F. 2.2 Table ES -2 summarizes the City's Ten Year Development Related Capital Program and the deductions made thereto, in accordance with the DCA. in summary, the gross development - related capital cost of the entire 10 year program is $107.2 million. Of this amount, $55.2 million has been determined to be DC- recoverable ($35.8 million from residential development and $19.4 million from industrial /commercial/institutional development (non - residential)). The difference between the gross and DC recoverable amounts comprises the following deductions, pursuant to the Development Charges Act: Watson & Associates Economists Ltd. H: {NiagFall{DC 20081dc background study.doc 3l DC Recoverable Cost ' Non - Residential Share (0 (N4 (O h ^ N 0) co a (0p C) n o s. (D z "' os of 00 � co 0 .- v N 061.178£'61 Residential Share WI - N N �— N of (( W e— CO N CO N (0 .t £08'661'98 wawoolaaa0 MeN 5ulllreueg sisoD ieN u) (() N N h 0 to N C e- N v of n (O 0) al: 00 0 h 'at N e- at 0 0 M O 0 h N O O. crt Tr, ' O r Z66`£8l'S9 :sse1 Other (e.g. 10% Stat. & Grants, Landowner Contributions) 0 M (0 N 0 00 N h 0 N d' N 0 0 • 06P'OL0' l hoedeD pouad Sod ( (O N at M (V (A p W 0 N 17,095,088 I Benefit to Existing Development' t N N N w CO Fri tun' e- CO (O w' CO rn �-- C (O O 0 h 'cg CO M r CO 00 M 4 2 ( oi nI in 618'L96'81 E Eligible 0 0 (O CO N N (O 0 M N V 0 0 M 4 e- N. 11) (D M 0 N. (n w N 7 h u) 4 Q Ch 7 N N i0" (p Ineligible re: Level of Service • 0 (0 v N N I 4 o os 1 Gross Capital Cost Est. 0 ((0 (8 u) N. N. N (0 in a3 M O N v cf S n a) O e- n 8 0 0 0•) S r) N a try F.8 a += sr a N }' 0 J ( 1 1'. a t N N o m v 107,202,270 Service G o Q 'a w R � i6 I ° E a c E d 0) }O N m R �' C Y O m (o ro a s o a _) N o CC C) �• • 0) C a 15 O 1- Y p m o. '0 c o. a) G N 5 v v C N (' m c .. a• d .5 is 0 o w tri 3 A 8 n 0. o .6 8 Q 2 watson 8, Associates Economists Ltd. Niagara Fans OC 200a.zis (0 0 N 0 CO (n (4 N 1 LO c h ( 0 o co co in N- a0 CI Cr) tl) to 0 (0 (f} (v) May 25, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -23 2009 Development Charges Study Consultants Draft Report RECOMMENDATION: That this report be received for information. BACKGROUND: Niagarajlalls CANADA The City's Development Charges By -law is due to expire on August 1, 2009 and Council has approved the preparation of the necessary Background Study that will be helpful in determining the rate of Development Charges for each type of project over the next five years. On January 29, 2009, staff held a workshop to look at some of the strategic decisions that might affect the calculation of the Development Charges. The following direction was given to the consultant (Watson and Associates Ltd.); Eliminate the Area - Specific Charge for the Core Tourist Area. Continue the Development Charge exemption /reductions specified in the CIP areas. • Capital Projects funded from Development Charge Reserves must meet a test for affordability so that long term borrowing is not required to fully fund the project. • Cost - sharing agreements for development related projects that are out of phase will be considered on an individual basis and only where the relative merits of the project strongly favour the municipality. A number of Council approved reports over the past several months have impacted the new Development Charges calculation. The approval of the five -year Capital Forecast sets out the City's priorities and has determined the level of funding the Council wishes to allocate to growth- related projects. Niagara, Falls ON;,Canada.1:2E 6X5.:905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community MW-2009-23 The recommendation(sr) contained in this report were adopted in committee and ratified by City Council Community Services Department Municipal Works May 25, 2009 - 2 - MW- 2009 -23 The 2008 Development Charge Reserve Fund report presented to Council on April 27, 2009 established the base from which the new calculation could start. Although this report identified an overall balance of $11 million there are significant shortfalls in those areas where future funding will be needed particularly in sanitary sewers, waterworks, storm drainage and roads. The 2009 Development Charge calculation uses the growth forecasts developed by the Region which are considered to be fairly conservative under the current economic conditions. The costs of the growth- related projects match the Capital Forecast in the first five - years. Based on this information, the rates have been calculated and shown in Table C -4 (attached). The next step is to engage the many potential stakeholders through a public process and receive their feedback prior to the final consideration of the rates and approval of the by- law. To this end staff has scheduled an information session on June 2, 2009 with those builders /developers who have built .projects in the City over the past five years and those with projects currently in the works. It is staffs intentions to incorporate their feedback into a report for the Statutory Public Meeting tentatively scheduled for the June 29, 2009 Council meeting. The purpose of this report is to • share the preliminary findings with Council prior to the stakeholder meeting. Recommended by: Approved by: 'fir Geo r' olman, !rector of Municipal Works (or Ed c ujlovic, E -cutiv'• Director of Community Services Respectfully Submitted by: K n Todd, Chief Administrative Officer S: \REPORTS\2009 \MW- 2009 -23 - 2009 Development Charges Update Report.wpd June 29, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araflalls CANADA Working Together to Serve Our Community PD- 2009 -49 Re: PD- 2009 -49 AM- 2009 -008, Zoning By -law Amendment Application 6361 Fallsview Boulevard, Southwest Corner of Stanley Avenue & Murray Street & South Side & North Side of Robinson Street West of Allendale Avenue Applicant: Hospitality Resorts Inc. (Vince DiCosimo, President) Agent: Ed Lustig, Broderick and Partners LLP Removal of Requirement for a Convention Centre in the Hotel and Permitting a Majority of the Required Parking for the Hotel Off -Site RECOMMENDATION: That Council approve the Zoning By -law amendment application: 1) to remove the provision to require that the Hilton Hotel include a convention centre; 2) to reduce the amount of required parking to be provided on the same site as the hotel from 85% to 30 %; and 3) to allow Ontario Hydro lands to be used to supply 55% of the required parking spaces for the hotel on a permanent basis, subject to the landscaping and fencing requirements outlined in this report. BACKGROUND: The applicant has requested amendments to the Zoning By -law for four parcels of land. Parcel 1 is the Hilton Hotel at 6361 Fallsview Boulevard which is 1.44 hectares (3.6 acres) in size. Parcel 2 is the Hilton's permanent off -site parking area located on the southwest corner of Stanley Avenue and Murray Street (former Jungleland mini -putt) which is 0.35 hectares (0.87 acres) in size. Parcel 3 is located on the west side of Allendale Avenue between Main Street and Robinson Street which is 1.32 hectares (3.3 acres) in size. Parcel 4 is located on the west side of Allendale Avenue north of Robinson Street which is 1.2 hectares (3 acres) in size. Parcels 3 and 4 are owned by Hydro One Networks Inc. and used for transmission purposes. The applicant has a 20 year License Agreement to use these two parcels for required parking. Schedule 1 shows the location of the four parcels. Community Services Department Planning & Development June 29, 2009 - 2 - PD- 2009 -49 The applicant is requesting two changes to the zoning by -law. First, he seeks to amend the provision that requires the Hilton Hotel to include a convention centre as part of the hotel use. Second, the applicant is seeking approval to reduce the amount of required parking on -site from 85% to 30 % and to allow up to 55% of the required parking to be provided off - site on leased lands (Parcels 3 and 4) owned by Ontario Hydro. Parcel 2 will continue to provide the balance of the required parking and no change is proposed. Schedule 2 shows the details of the hotel development with on -site parking garage on Parcel 1. Schedules 3, 4 and 5 show the details of the off -site parking areas. Parcel 1 is zoned Tourist Commercial (TC -752) with site specific zoning provisions that permit the existing hotel, require the hotel to include a convention centre, require 85% of the required parking to be provided on -site and permit 15% of the required parking to be provided off -site on Parcel 2 on a permanent basis. A 3 -year temporary by -law (TC -754) is in effect on the parcel which permits a portion of the required parking be provided on Parcel 3. This by -law expires in 2010. A new site specific TC zone is proposed for Parcel 1 to accommodate the changes to the development. Parcel 2 is zoned Tourist Commercial (TC -753) with site specific zoning provisions that permit up to 104 required parking spaces for the hotel to be provided on this land on a permanent basis. No changes to the zoning of this parcel are proposed. Parcel 3 is zoned Tourist Commercial (TC -754), in part, and Institutional (1 -754), in part, by a 3 -year temporary by -law that permits up to 346 parking spaces required for the hotel to be provided on this land. The zoning of this parcel is proposed to be changed to a site specific Parking (P) zone to allow it to be used to supply a portion of the . hotel's required parking spaces on a permanent basis. Parcel 4 is zoned Tourist Commercial (TC), in part, and Residential Single Family and Two Family (R2), in part. Parcel 4 is requested to be placed under a site specific Parking (P) zone to permit it to be used to supply a portion of the hotel's required parking spaces on a permanent basis. Site specific provisions currently applying to Parcels 1, 2 and 3 that permit tandem parking and reduced parking stall and parking aisle dimensions are requested to be applied to all four Parcels. Site Conditions and Surrounding Land Uses Parcel 1 - 6455 Fallsview Boulevard The Hilton Hotel complex, which includes 3 hotel towers (the newly built 52 storey tower as well as the existing 33 and 17 storey towers) and a 4 level parking garage, is located on this parcel. A future addition to be built above the parking garage will include an aquatic centre and dining facilities and may include a convention centre. The hotel is surrounded by the Fallsview Plaza to the south, the Fallsview Casino to the east, the Best Western Hotel to the north and the subject development's off -site parking lot (Parcel 2) to the west. • June 29, 2009 - 3 - PD- 2009 -49 Parcel 2 - Southwest Corner of Stanley Avenue and Murray Street ( "Jungleland ") This parcel is a parking lot which supplies a portion of the required parking for the subject hotel. This parcel is surrounded by the Hilton Hotel (Parcel 1) to the east, a Freefall Attraction to the south, the Rainbow Motor Inn to the north and a Hydro transformer station and works yard to the west. Parcel 3 - West Side of Allendale Avenue between Main Street and Robinson Street ( "Allendale South ") This parcel is also used as a parking lot and a hydro corridor (with transmission towers), with a surface that is partially paved and partially gravel. This parcel abuts two places of worship (St. Mary's Ukranian Catholic Church and an associated rectory and All Saints Church), a hydro transformer and the rear yard of a dwelling to the west, a parking lot to the east, an off -site parking lot and a motel to the south and a hydro corridor (Parcel 4) to the north. Parcel 4 - West Side of Allendale Avenue north of Robinson Street ( "Allendale North ") This parcel is currently a grassed hydro corridor occupied by transmission towers. This parcel is surrounded by the Sheraton Four Points Hotel and several residences to the east, residential uses to the west, a hydro corridor to the north and a parking lot (Parcel 3 to the south. Circulation Comments Regional Municipality of Niagara No objections from a Provincial or Regional perspective. Transportation Services Transportation Master Plan will address impact of off -site parking lots. Municipal Works - No objection. Parking lot to remain in gravel state until storm sewers are available at which time connection will be required. • Building Services - All required Building Permits to be obtained prior to construction. Legal Services, Fire Services, Building Services - No objections. Further comments to be provided at the site plan stage. June 29, 2009 - 4 - PD- 2009 -49 Planning Analysis The following is a summary of Planning staffs analysis of the application: 1. Removing the requirement that the hotel include a convention centre is acceptable. When the zoning for the Hilton Hotel was approved by Council in 2007, a provision was included in the amending by -law which requires the development to include a convention centre (an area designed to accommodate conferences, trade shows, meetings and may include meeting rooms, theatres, restaurants and retail stores) of at least 2,400 square metres (25,834 square feet). The hotel, which is nearing completion, does not include the required convention centre space. The applicant does not intend to construct the convention centre space at this time given that the Niagara Falls Convention Centre is expected to satisfy the need for convention space in the City for some time. Nevertheless, the applicant wants to maintain the option of providing convention type space in the future. The development is a large hotel complex which already includes ballroom and meeting space plus a number of restaurants, retail stores and accessory uses to the hotel operation. The option will be retained to construct a convention centre on the top of the parking garage (along Stanley Avenue) in the future. This is an operational decision for the owner. 2. Permission to provide off -site parking is consistent with previous decisions. The Official Plan generally discourages the provision of required parking off -site because it causes traffic congestion on City streets when vehicles are driven to and from remote parking Tots. Council has granted off -site parking for hotel developments for 14 different hotel properties. On average, 54 percent of parking is provided on -site and 46 percent off -site (although approvals are as low as to not require any parking on- site). The City has engaged a consultant to conduct a Transportation Master Plan which will also will address planning issues associated with off-site parking and funding opportunities for future parking facilities within the tourist area. Until the study is completed, Council has decided to deal with applications for off-site parking on a site -by -site basis. Currently, the zoning by -law requires 85% of the parking needed for the Hilton to be provided on -site in a parking garage (utilizing parking stackers) with 15% of the required parking off -site on Parcel 2. In addition, temporary zoning approval has been granted for 35% of required parking to be provided on Parcel 3 until January, 2010. The applicant wishes to address the parking situation before the temporary use by -law expires. It has been calculated that the current development (without the convention centre) will require a total of 871 parking spaces. These can be provided as 506 parking spaces on -site (with stackers) and 102 spaces on Parcel 2 and 263 spaces on June 29, 2009 - 5 - PD- 2009 -49 Parcel 3. Once the convention centre is built the development will require 995 parking spaces which can be provided as 333 spaces on -site including stackers (removal of surface parking for convention centre) with 102 spaces on Parcel 2 and 388 and 172 on Parcels 3 and 4 respectively. Under the full build -out scenario 30% of parking will be on -site and 70% will be off -site. While the applicant has requested that required parking be allowed on a permanent basis, it is noted that the applicant has a 11 years left in its licence with Hydro One to use Parcels 3 and 4 for parking. Because there is no guarantee the lease will be extended beyond 2020, the amending by -law should contain a provision requiring the parking being replaced at a location appropriately zoned within 6 months of the termination of the lease. This provision will ensure that uses in the Hilton Hotel will not be put out of compliance if the lease is terminated. This is consistent with approvals granted for other hotels which provide required parking on leased hydro lands. The applicant provided a traffic study which analyzed the impacts of off -site parking on the surrounding road network. The study concluded that although the proposal will result in an increase in traffic and an increase in congestion at the intersections of Murray Street/Allendale Avenue and Murray Street/Stanley Avenue, the resulting traffic volumes are still within acceptable parameters. Staff note that an additional 8 valet staff are required during the weekday peak hour and 14 additional valet staff are needed for the weekend peak hour in addition to the 30 weekday and 35 weekend valet personnel. The proposal to provide required parking off -site does not in itself appear to create any intolerable traffic issues on the surrounding road network. However, Council should be cognizant that while the traffic generated by this specific proposal can be accommodated on the surrounding road network, additional approvals for off -site parking facilities may result in traffic issues on surrounding roads. The Transportation Master Plan will address the future impact of off -site parking on the road system. The applicant has requested the same site specific parking stall and aisle dimensions for Parcel 4 that apply to the other parcels, specifically parking stalls that are 5.9 metres long and 2.6 metres wide and accessed by a 6 metre (19.7 foot) wide aisle. These reductions were justified through a parking study submitted with the original application in 2004 and there are no concerns with extending these standards to Parcel 4. As well, the tandem parking that is requested to be permitted on Parcel 3 is already permitted on Parcels 2 and 3. As all these Tots are only to be accessed by valet drivers there, are no concerns with this request. 3. Landscaping and fencing should be required on Parcels 3 and 4 to assist in buffering non - commercial uses to the west. Parcels 3 and 4 are designated Tourist Commercial, in part, and Residential, in part, by the Official Plan. The Official Plan intends land use boundaries to be approximate unless specifically defined by roads, railways and rivers, and allows for minor boundary adjustments if the general intent of the plan is maintained. June 29, 2009 - 6 - PD- 2009 -49 Previously, the position was that parking lots should be limited to the eastern half of the hydro corridor. However, past approvals have continued to breach this, most recently the parking lot for the Niagara Civic and Convention Centre. The plans (Schedules 4 and 5) submitted with the application illustrate that 6 metre (20 foot) wide landscape strips are proposed between the parking area and properties to the west and along street frontages. If properly planted, these landscape strips should provide an adequate buffer for the residential and institutional uses to the west as well as assist in providing a pleasing streetscape. These should be secured in the amending by -law. Parcel 3 is largely bounded by two church properties to the west. A small part of this parcel abuts the rear yard of a residential lot, while a rectory, buffered by a wood fence, is located on the St. Mary's Ukranian Church property. The necessary locations of fencing to screen residential properties should be determined at the site plan stage. Parcel 4 abuts residential properties to the west. To assist in buffering potential noise and light impacts, the amending by -law should require a board and batten wood fence with a minimum height of 1.8 metres (6 feet) along the west property line in addition to a 6 metre wide landscaped strip. Provided the above noted buffers are required, the request to rezone Parcels 3 and 4 to site specific Parking zone meets the intent of the Official Plan with respect to protecting adjacent residential areas. 4. Site Plan Control is applicable. An amendment to the site plan agreement will cover the following matters: As built changes to the Hilton Hotel complex including the changes to the parking garage and the reduction in floors in the new tower from 58 floors to 52 floors. Landscaping and buffering details for Parcels 3 and 4. Parking lot surfacing and drainage details for Parcels 3 and 4. Typically, permanent parking lots are curbed and paved and drained with storm sewers. Currently, there are no storm sewers abutting the subject parcels. The surface of these lots is to remain gravel until such a time as storm sewers are available. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: the elimination of the provision to require a convention centre in the Hilton Hotel provides flexibility in providing these facilities; June 29, 2009 A. Bryce: mb Attach. reducing the requirement for the provision of on -site parking and allowing a portion of the required parking to be off -site is consistent with previous approvals and does not appear to create any unacceptable traffic impacts; the by -law should contain provisions which necessitate required parking be provided within 6 months of the termination of the lease of Hydro lands; and provision of a 6 metre (20 foot wide) landscaped strip adjacent to the west lot line and fencing adjacent to residential Tots will satisfy the intent of the Official Plan with respect to buffering non - tourist commercial uses from the adverse impacts of tourist uses. Recommended by: Approved by: Respectfully submitted: i - 7 - PD- 2009 -49 Alex Herlovitch, Director of Planning & Development Ed Dujlovic, Executive Director of Community Services Ken Todd, Chief Administrative Officer S: \PDR\2009 \PD- 2009 -49, AM- 2009 - 008,6361 Fallsview Blvd and Surrounding Lands.wpd Subject Land rezA Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 6361 Fallsview Boulevard, Land on the Southwest corner of Stanley Avenue and Murray Street and Land North and South of Robinson Street, West of Allendale Avenue Applicant: Hospitality Resorts Inc. AM- 2009 -008 May 2009 Schedule 2 L A " RENAISS NCE HOTEL 3 ISIV 7(ll?IQ 0009 set P1 0,_ - m9 Rm NOTE: .4m r " qr PA , 1 59R-11839 839 I m N757'W . Schedule 3 31.55 59.30 ' AI & Asphalt c■ (STANLEY AHENUE) TEMPORARY PARKING LAYOUT FOR 102 CARS (VALET PARKING)' AREA BOUNDED BY HEAVY DASHED LINE= 2842.23 SQ.M. HILTON NIAGARA, NIAGARA FALLS, ONTARIO PARKING LAYOUT PREPARED BY STANFORD DOWNEY ARCHITECT, INC. SURVEY PREPARED BY THE LAROCQUE GROUP NO ADDITIONAL CONNECTIONS ARE MADE TO EXISTING SEWERS. MUNICIPAL CURB CURS SHOWN ARE EXISTING: PARKING AISLES ARE 6m WOE. PARKING SPACES ARE 2.6m z 5.9m ENTRANCE DRIVE IS EXISTING PROVIDE MINIMUM 3m CLEARANCE FROM BASE OF WORD TOWERS AND PUC POLES IIIINIII IIlllullull I u111v11u11111111111 leiliuiiliuNII11 1111111321111111 4�.. II I II II I IIII IE Schedule 4 < 64349 - 0157(13) J (. P.I.N. 64349 0126(LT) ) ° " 0 N311L (Pl6meo 1 30.10 l mce 10 P.I.N. 64349 - 0158(13) •0.1796 P.LN. 64349 - 0)54(13) ) !C L 0 T; c P.I.N. 64349 - 0159(10) F o ! P.I.N. 64349- 0127(LT) ) 100 (NT44'30 W 04 .78.10) LAMM. N3'29.5015rmeo... ' 38.09 PERIMETER 900 AWL 1:5 NN • 1:3 04011 TOW O I0 *0 60 NH AT 60401.131E 80.96 01!x1 9' ` CH l� H348M014 (ON) cr D 0(1334) — -W Iry • O N 00(740) ml 9 a NOTE: 66(140) 8 Schedule 5 LT 03 6 1— z O Z J Moat A .: rr 84 M. .IC / _ �_ -.. P.I.N. CO 64349- 01566.Te 64349 - 0125(10) / �n 04349- 015 I ) 04349-015411) I `o I ALLENDALE TEMPORARY PARKING LAYOUT FOR 270 CARS (VALET PARKING) AREA BOUNDED BY HEAVEY DASHED LINE 8243.00 SQ.M. HILTON NIAGARA NIAGARA FALLS, ONTARIO PARKING LAYOUT PREPARED BY STANFORD DOWNEY ARCHITECT, INC. SURVEY PREPARED BY THE LAROCQUE GROUP HO COMEC106 NE 140E TO [11 EpIB a SEMI. HAM MEASAPF 091HMMCICA9011000WESE[E4E 011010F1M t(IBO,E E01ER QOM OH PRPNED 5039000 10 ALLOW f91 BANPIL 1010:uR9t MOW ERR 510(N9Y0A1.1.001'1NE All BE PAVED N10011XEMp 70411106507164W STIBAM MEW E1 AIM WM IpIESS 31101041M110ENI PA0eEA0I11 10W0PAL C48 GUTS 10 H 000114ROM11N I1E 9FERMOI CE C0$RNCI10N0B iME 91164.4644 P48L6 N9.ES NE 9A MULE P4o@IC SPMES NE OENCP4 51.080 291/5911 EHR4KE DIM SEASING 910,1E IMAM NI EEENVlKU10,1 SF R 0010 TOMAS A'O PIE[ POuS LOT I REGISTERED - -- LOT - - - -49 - P.I.N. 6 0150(,T) 1 .8(004) 1 1„ 1 .!' PLAN 59R -629 I" PART 2 I LOT 1 64349- 0146(1T) 080CE 1 1CTAa 0 AVENUE (Formerly ALLEN STREET) P.1. N. 64349-0115(LT) GREY AVENUE RIM.. 64349 -0112 PLAN 59R -o8755 PART PART 1 2 1 aIAN -- --- la our 00(704) P.1 N. 64349- 0149(LT 00 1 55 N/ 0.155 Eosl 5 39 I..OT 2 LOT 1 P.I.N. 64349.-0)73(LT) 4 —rEHCE 613140 a - --- - -- : NSL 179104 ( PI74 6 4349 - 00142(10) ) P.I.N. 6434910174(LT) ju , 5-4 5 55:55 ,1, • •-- • s , 1 - i , ,,,,, kf f) ANN44G. & L) V ) , / -1/ C" 1 Office of the Mayor Inter - Department Memorandum TO: Dean Iorfida DATE: June 4, 2009 FROM: Jennifer Manning Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached information from Mike Blais retired sergeant from The Royal Canadian Regiment 479 who is requesting a Proclamation to "Support the Troops" on July 11 distributed to the council. Thanks; Jennifer `� °. FJf!sCLERKS From: Mike Blais <mlblaisrcr @gmail.com> To: <jmanning @niagarafalls.ca> Date: 6/1/2009 11:27 AM Subject: RCR Association Support the Troops event. Good morning, Jennifer. It was nice to speak to you about the support the troops event I am scheduling for the 11th of July. Thank you for your advice. Perhaps a bit of background information is in order. My name is Michael Blais, I am a retired sergeant from The Royal Canadian Regiment and, since last October, the president of the Niagara Branch of the The RCR association. Since then, we have been very active, conducting memorial services for Cpl Albert Storm CD, Afghanistan, Pte Clayton Morningstar Korea and, sadly, the bridge and cemetery honour guards for our regimental brother Tyler Crooks and WO Brown of the Lincoln and Welland Regiment. The executive of RCL 479 has offer to host our association although we are a regional organization and conduct and participate in events throughout the region. Which, indirectly, is the reason I have contacted you today. As I noted during our conversation, the Fort Erie volunteer FD is raising funds to create a park in Crystal Beach to be named after my regimental brother, Albert Storm. Naturally, our regimental association is very keen to see this mission succeed and with this in mind, I have contacted the other regional military associations (KVA,CAV,PPCLI,L &W, CAVUMNP, Navy) to see if they would be willing unite beneath our banner and participate /organize with a Support the Troops rally at RCL 479 on Saturday, July 11th. To my intense pleasure, the response has been very good. Several military bands have offered their services and, hopefully, the LW historical vehicles will be on parade for the kids. A variety of displays will be presetned as well as tables vending military orientated tshirts ect ect... I am hoping the local community will donate some nice gifts that we can rafdfle off so, by the end of the day, we shall have raised a considerable amount of money for the Cpl Albert Storm CD memorial park. Naturally, I would very much appreciate it were it possible for the city to support/promote this event during council meetings and, more importantly, join us for a round of speechs on Saturday afternoon. I have invited Kim Kraitor yesterday when I spoke with him at the Lincs and Welland annual picnic and he has pledged his full support. This afternoon, I will drop in at Justice Minister Nicholson's office to speak with his parliamentary secretary. Rob has been very supportive of our endeavours and I am certain he will attend. Which leaves the city. I am certain this will be an excellent opportunity for the mayor and city councillors to show their support for the troops and our mission to raise funds for a local boys memorial park. I will invite the press later this afternoon but I am certain they will, as they have for the Morningstar memorial a couple of weeks ago, respond affirmatively. 1 forward you the proposed intenerary by the end of the week but I can tell you I am hoping to have the politicial speeches around three in the afternoon. Pro Patria. Sgt Michael Blais CD (ret) President, Niagara Branch, The RCR Association 6618 Harper Drive, Niagara Falls, Ontario 905 -357 -3306 June 9, 2009 Mr. Dean Iorfida City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Club Italia Picnic - Fireworks Dear Dean: CLUB ITALIA, ORDER SONS OF ITALY OF CANADA LODGE #5 2525 Montrose Rd., Niagara Falls, ON, L2E 6S4 * P: 905 374 -7388 NI& FALLS a: 2 Please be advised that Club Italia plans to hold its 27`'' Annual Picnic on Sunday, July 12, 2009 and as part of these celebrations, we plan to include a pyrotechnic fireworks display at approximately 10 pm. We are utilizing the services of David Whysall International Fireworks (the same firm used by the Niagara Parks Commission and the Winter Festival of Lights for the fireworks displays over the falls). Club Italia shall be properly insured for this event and the fire department will also be notified. At this time, we are requesting City Council approval for the pyrotechnic fireworks display to occur. Should you have questions regarding this request, please feel free to contact me at 905 374 -1616 x. 46. Sincerely, CLUB ITALIA P NIC COMMITTEE Dino F cc: Marguerite Radice, Picnic Committee Chair 6/2/2009 Dean lorfida - Request for the use of Glenview Park for Fireworks Displa From: To: Date: Subject: Attachments: Dear Mr. lorfida, "Micheal Biancaniello" <redboss @cogeco.ca> <diorfida @niagarafalls.ca> 6/2/2009 11:48 AM Request for the use of Glenview Park for Fireworks Display, Re: Great Wolf Lodge GWL Let to City Clerk NF.doc; Great Wolf Aug 3 & Sept 6.PDF; General Let fo r Niagara Falls.pdf; Niagara Falls Form for Insurance.pdf Please find attached a letter of request for the use of Glenview Park as well as the insurance certificates and forms required; on behalf of Great Wolf Lodge for the dates August 3rd & September 6th, 2009. If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello Micheal Biancaniello CEO cid: image003. png @01 C9E376.38A34500 REDBOSS PYROTECHNICIANS INC. www.redboss.ca P.O. Box 120 Fenwick, ON LOS 1C0 Ph. 905 892 1806 Mobile 905 685 2907 Fax 905 892 2461 email michealb @redboss.ca Re Great Wolf Lodge Victoria - Centre BIA 2009 Budget marketing & advertising $ 100,000.00 office expenses $ 5,000.00 conventions & meetings $ 1,700.00 assocation memberships $ 1,000.00 bank charges $ 100.00 fireworks $ 10,500.00 sponsorship (ie: WFOL) $ 21 100.00 loan payments (sidewalk expansion) $ 10,000.00 professional fees $ 20,500.00 salary $ 24,000.00 streetscape masterplan $ 20,000.00 miscellaneous $ 6,100.00 convention centre committee $ 100,000.00 $ 320, 000.00 Fallsview BIA 2009 Budget marketing & advertising $ 242,450.00 office expenses $ 4,500.00 conventions & meetings $ 2,500.00 assocation memberships $ 1,200.00 bank charges $ 100.00 fireworks $ 35,000.00 sponsorship (ie: WFOL) $ 25 000.00 insurance $ 2,000.00 professional fees $ 27,200.00 salary $ 36, 000.00 miscellaneous $ 5,000.00 convention centre commitment $ 1,000,000.00 investment/misc. $ 17,050.00 beautification $ 30,000.00 display lighting $ 72,000.00 $ 1, 500, 000.00 June 29, 2009 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: K. Beaman /L. Banks Niag araal1s CANADA Re: L- 2009 -27 Permanently Close and Declare Surplus Green Avenue Our File No.: 2006 -177 That a portion of Green Avenue shown hatched on Attachment "1 ", be permanently closed and declared surplus, and offered for sale by way of auction on July 11, 2009. The subject land is an open road allowance located Tying north of Watson Street that has been determined to be surplus to the requirements of the City. It is intended to dispose of this property in the course of the upcoming auction on July 11, 2009. Public notice of the permanent closure was given in the June 20, 2009 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. An open road allowance must be permanently closed and declared surplus prior to proceeding to sale. Therefore, it is our recommendation that the subject road allowance be permanently closed and declared surplus. Ken Beaman, City Solicitor L- 2009 -27 K. E. Burden, Executive Director of Corporate Services Canada L2E 6X5 905- 356 = 7521: www.niagarafalls.ca odd, Chief Administrative Officer Working Together to Serve Our Community peen- Pfl Box 1023, [Niagara Falls, 0 Corporate Services Department Legal Services Schedules ATTACHMENT ." I " Page 1 of 1 June 2009 http: // map. niagarafalls .ca /dialogPages /schedules.aspx 6/3/2009 June 29, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraflalls CANADA Re: CD- 2009 -07 Renaming of Highway 420 RECOMMENDATION: That Council choose a name for the designating of Provincial Highway 420. BACKGROUND: CD- 2009 -07 At the March 23rd, 2009 meeting, Niagara Falls City Council unanimously passed a motion that staff investigate the renaming of Highway420 and solicit suggestions from the public. A number of Provincial highways have been renamed. A stretch of Highway 401 was recently renamed the Highway of Heroes. The nearby Highway 405 was designated as the General Brock Parkway in 2006. Process The process for the designating of a Provincial highway is as follows: ► Define the limits of the highway to be dedicated; ► Identify the group or individual being posthumously recognized; ► Provide supporting rationale for the proposal; ► Include a Council resolution from each Municipality /First Nation that the highway passes through supporting the highway dedication. ► Provide written support of the highway dedication from the MPP(s) of the riding(s) that the highway passes through. Final approval of a highway dedication rests with the Minister of Transportation. Canada .L2E 6X5 905 356=7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks June 29, 2009 As you will note, the process for renaming or designating a highway is relatively straightforward. One important proviso is that the proponent requesting the signs shall be responsible for all costs associated with the manufacturing, installation and maintenance of these signs, including permit fees. An encroachment permit is required for all signs installed as a result of the request to name the highway. As of the writing of this report, staff was still waiting to hear from the Ministry of Transportation (MTO) on associated costs. Suggested Names After the Council motion, staff utilized the City's website to solicit possible names. There were more than one hundred submissions to the website. Some submissions suggested that the status quo be maintained. Other suggestions came through other methods (letter and e- mail). A break down on the types of proposed names is attached. A full listing of submissions (profane and legitimate) is available through the Clerks Office. The attached list outlines the suggested names that may meet the MTO criteria. Highway 420 vs. Roberts Street The process of dedicating or renaming the provincial highway deals strictly with that highway; therefore, the portion of the highway proposed to be renamed runs from the Q.E.W. (Queen Elizabeth Way) t� Stanley Avenue. It does not entail the Regional Road, also known as Roberts Street, that the highway runs into. As an aside, there may be a proposal coming forward to rename Roberts Street in the future. Staff would suggest that the geographically - related names be considered for the potential renaming of Roberts Street. Also, it would be prudent to avoid names that may cause confusion for first responders to emergencies because of the existence of similarly named streets (i.e., Cataract, Fallsview etc.). CONCLUSION: Upon the approval of a recommended name for the designation of Highway 420, staff will complete the steps as outlined by the Province. An appropriate resolution will be prepared for the next Council meeting and the request will be submitted to the Regional Municipality of Niagara and Kim Craitor, M.P.P. Recommended by: Approved by: Respectfully submitted: Dean lorfida, - 2 - CD- 2009 -07 ty Cler K. E. Burden, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer SUGGESTED NAMES Military/ Veteran Related Suggestions • Veterans Memorial Highway • War & Peacekeeping Veterans Way • Freedom Road/ Highway to Freedom • Remembrance Way/ Highway of Remembrance • Niagara Veterans Way/ Canadian Veterans Way/ Veterans Memorial Drive ■ The Falls Memorial Highway/ Niagara Memorial Highway/ Canadian Memorial Highway/ Memorial Gateway • Fallen Heros Highway • Tyler Crooks Memorial Drive/ Memorial Highway ■ Royal Canadian Regiment Highway/ Drive • Victory Lane • Naval Centennial Highway • Truth Honour & Valour Parkway • Patriots Parkway • Liberty Way • Military Highway Notable Names (Nikola) Tesla Highway - inventor of AC (alternating current) • Adam Beck Parkway - politician/ Ontario Hydro Chairman • Winston Churchill Way - British Prime Minister • Barbara Frum - CBC Broadcaster, raised in Niagara Falls • Laura Secord Parkway - War of 1812 heroine • Pierre Elliot Trudeau Highway - 15 Prime Minister of Canada ■ John Lennon Memorial Peaceway - musician, peace activist, Beatle • Tecumseh - Native leader • Father Hennepin Memorial Parkway - First non - native discover of the Falls • Tyler Crooks Memorial Drive/ Memorial Highway - recently slain soldier from Niagara Region • Jack Shapton Parkway - Niagara Falls Fire Chief, died in the line of duty * Other names suggested were of living individuals (Tommy Chong, Harvey Gordon) Geographical / Historical/ Miscellaneous Names • Great Gorge Parkway • International Falls Way • Falls Way International/ Fallsview Highway • The Niagara Falls Expressway • Niagara Gateway /Gateway De Niagara • Rainbow Highway/ Rainbow Connection/ Rainbow Memorial • The Highway of Dreams ▪ Thundering Water Way • Maid of the Mist Parkway • Trillium Way • Lovers Lane • Cataract Crossroad/ Way • Horseshoe Heights • Highway of Hopes • Great Wonder Gateway! Gateway to Great Wonder • Ongiara or Onguiaahra Parkway • Lelawala Way 6/22/2009 D ,_._�..a.�. can lortida RE Desirafion of Highway 420 / Si9nage Costs From: "Saccon, Fabio (MTO)" <Fabio.Saccon @ontario.ca> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 6/22/2009 2:45 PM Subject: RE: Designation of Highway 420/ Signage Costs Dean, the approximate cost would be $1,000. `rh i t war i-eci (ved Tu (ox.?(Aen r V 2, S( i n of '144 (e-Pr. Fabio Saccon Area Traffic Manager From: Dean Iorfida [ mailto :diorfida @niagarafalls.ca] Sent: June 19, 2009 3:14 PM To: Saccon, Fabio (MTO) Subject: Designation of Highway 420/ Signage Costs Mr. Saccon: I was given your name as a possible contact. There is an initiative in Niagara Falls to look into renaming or designating Highway 420. A similar renaming took place with nearby Highway 405 (General Brock Way) a couple of years ago. I have the MTO correspondences from then and it is indicated that the proponent will bear all costs of signage and (encroachment) permit fees. My question is simply, what would these signage and permit costs be to rename Hwy 420. Thanks for your time. Page 1` April 6th, 2009 Mayor Ted Salci City Hall Niagara Falls, Ontario HIGHWAY 420 - THE ELEMENTS OF CHANGE With all due respect and without any intention whatsoever of slighting the memory of the heroic Canadian soldiers who have made the ultimate sacrifice for our country, I sincerely believe that Highway #420 is worthy of a more appropriately rationalized designation. Given that this is an exclusive stretch of highway that is accepted as the "Gateway" to one of the world's stellar natural wonders - the falls at Niagara; should not the name for this Gateway reflect that order? Is it not true in fact, that within the last decade this unique highway has enjoyed a remarkable makeover focused on creating a fitting "Welcome Mat" for the millions of people who annually visit our exceptional attraction? We need to note as well in this regard, that the commitment to purchasing and clearing the houses that once lined this road and to establishing the lush landscaped boulevard that now thrives here, was undertaken at great public /private expense - an investment clearly dedicated to the development of an entrance that would warmly welcome and enhance the visitor's arrival to our city and perhaps encourage another visit. Almost three and a half centuries ago incident to a perilous journey to this area, a Belgian born, French Franciscan Recollect Explorer- Priest arrived at this place in December of 1678 and became the first white eye - witness to write " a description of Niagara Falls. An early English translation of the description published in Europe in 1698 reads: "Betwixt the Lake Ontario and Erie there is a vast prodigious Cadence of Water which falls down after a surprising and astonishing manner insomuch that the Universe does not afford its parallel ". So awestruck was this priest with their magnificence, that he estimated the height of the overwhelming cataracts to be four times greater than they actually are. Today, despite the monumental importance of his role in this city's history Father Louis Hennepin remains hardly recognized by this community. There is a separate school named after him, a plaque half way between Clifton Hill and Table Rock House commemorates his presence here, and a banquet room at the Sheraton Fallsview Conference Center is named in his honor. On the other hand in the United States and particularly in Minnesota where Hennepin played an important role in the discovery of the mouth of the Mississippi River; hundreds of Hennepin commemorations - buildings, statues, parks, streets, city squares, highways, waterways, schools and more are named after him. Would it not be preferable as well as beneficial to tourism to change the name of Highway #420 to the "Father Hennepin Memorial Parkway" (or any suitable derivative thereof) and to enhance the marvelous parkland bordering this boulevard with another monument dedicated to the memory of our fallen heroes? The name change wouldn't cost anyone a dime and the war memorial would assuredly garner full and sufficient financial support from all of us who are so indebted to those who have sacrificed their lives so that we may be free. David Hagarty (905) 371 -4810 4536 Zimmerman Avenue Niagara Falls, Ontario, L2E 3M4 (6/22/2009 Dean lorfida Renaming the 420 Col Tyler Crooks age 1 Rob and Maureen MAXIMUS <maxwells22 @hotmail.com> <tsalci @niagarafalls.ca> 5/27/2009 4:57 PM Renaming the 420- Cpl Tyler Crooks Attachments: 2917_ 87174721531 _510796531_2417335_6041691_n[1 ].jpg; n1124949490368823675 5493[1].jpg; Tyler procession.jpg; HPIM0788.jpg; n548661960_2058954_6557254 [1].jpg; n747710187 _6456970_780862[1].jpg; n187904920_6442.jpg; TheStar.com Ontario I Fallen soldier planned to marry high school sweetheart; n608 61051 8_2901684_2375561 [1 ].jpg From: To: Date: Subject: CC: <kim @kimcraitor.com> Ted,Kim,Vic, sending on some pics of Cpl Tyler Crooks,and some suggestions for the renaming, of Highway 420.since we personally travelled this route to bring Tyler home,My niece Kelly Maxwell was to marry Tyler this summer,having experienced this from the Repatriation in Trenton,with Kelly,the Crooks Family, my parents,my family,my brothers family.We met Gov General , Defence Minister,Dignitaries, even Tylers hero showed up Don Cherry,we then met Tyler's remains and travelled the 420 home.It was the most emotional experience our Families have gone thru, we cried the whole way,we have great memories of Tyler, Family Hol!days,Meals,vacations, the 420 has a special meaning for us and NIAGARA.Our Veterans need a special ROUTE to be named after them, we have several family suggestions,if you could take the time to review, we would appreciate it, we also submitted . to the 420 site.Our Family is still devastated by the Toss of such a well mannered,determined young man,local HERO, my niece Kelly is struggling thru this, we are all here to help,but it crushes us,you can also get an actual 420 video- our route home , on face -book RIP TYLER CROOKS site its unbelievable if you could acess this.Several Family pics and video's. Also thank -you for those who came to the Funeral Home to see our Family and Tyler's. My Parents appreciated that especiall Mr Salci, thank -you Sir. Also in case you didn't knoe THE RCR, which is Ontario's section of the Troops- its called THEROYAL CANADIAN REGIMENT -RCR, thats what Tyler's, Regiment was called as was all local veterans, theres a couple thruout Canada ,they take turns in deploying troops, the RCR are home and the Van Dues are deployed now , next its a regiment from out West, ect. So our Suggestions are- seeing we have several Highways why not a DRIVE? ,,,,,,,,,,Royal Canadian Regiment Highway,,,,,,Royal Canadian Regiment Drive RCR Memorial Highway,,,, RCR Memorial Drive,,,, Niagara Veterans Drive,,,, Niagara Veterans Highway,,,,, Niagara Veterans Memorial Drive,,,,,Niagara Veterans Memorial Highway, not to be too proud,,,,, Cpl Tyler Crooks Memorial Drive,,,, Cpl Tyler Crooks Memorial Highway. Thank -you for your time,e - mails, phone calls, visits, and thoughts, prayers,RIP Tyler, thanx Rob, Maureen, Maxwell and Family. 8149 Mount Olive Cres, Niagara Falls,,,,,rmaxwell5@ cogeco. ca „maxwells22 @hotmail.com....905 - 356 -7084 Show them the way! Add maps and directions to your party invites. http: / /www. m icrosoft. com /windows /windowslive /prod ucts /events. aspx MODIFY REQUEST Printed On 5/28/2009 9:26:47 AM by Jennifer Manning Mayor's Office Information Services Web Master QUEST INITIATED,.B, DITIO QUESTON ACHMENT RRENT STAT, Kelly Hein (External) Send e -mail to Requestor Add Requestor Add Attachment AssignedfDivision) Click here to update Assignments Quick Close 7/7 Request Extension tEQUEST ANEORMAN Entered By: Information Services Web Master 5/28/20093:11:15 AM This 420 highway renaming I think is rediculous, Can you say WASTE of money. We have city streets that need serious repair and clearly can't afford it why are we wasting tax payers dollars on changing a highway name. I can only imagine how much money thats going to cost the city. I don't see the taxes decreasing, since we seem to have all this extra money out there. Fix the roads do somthing for the city people for once. We have people out of jobs and we have money to waste on changing a highway name, not to mention if the name changes then the sign will have to also. A few years ago our neighbourhood pulled together to ask the city to post a stop sign on our street due to the speeding cars and transport trucks that made it dangerous for the children to cross the street safe the city said that ONE stop sign was too much money. So the city would rather see the neighbourhood kids dead on the street but we can afford a new highway sign.. How is that make sence? You want a memorial for the vetrians name a garden or a park after them which i do understand thats a nice thought. Why close the arenas to build more places to have in the city for the TOURISTS. There is Nothing in this city for the city people. Our roads are garbage, if you drive in tourist areas very nice, smooth actually. Clifton Hill is over priced even if we were to just park down there after you pay the price for. parking what can you afford. There are no city discounts, there is nothing for us... the people... the tax payers. But it looks nice, for the tourists at least. This economy today there are jobs being lost left and right why not put the TAX payers MONEY into creating NEW jobs for the city people, do things for the city people. I think spending money on the sign and the highways new name is unheard of. I guess I just don't see it your way though. I once got a parking ticket for being parked on a side street on the road in April at 1:30am I was there only 5- minutes. 1 was picking up my sister and her friends from a party so they didn't drink and drive. Try to be responsible have a dead sister or get $20.00 ticket. I got the ticket, my sister and her friends all home alive. Let me tell you i can't afford $20. every time i try to do something good and responsible. I now tell them to drive home the more drunk the better. I guess if i continue to pick them up you would have enough money to rename the 420 and the QEW. This city gives no one a break. Everywhere you.go the city wants money. People wonder why so many people are on Welfare. Which is another thing Welfare it must be nice to sit at home all day watching tv, drinking, going to the bar i am really glad i work to support those people they dont eat they drink, can't we give them food vouchers. Lets Repair our streets before we Repair perfectly good highway signs lets repave roads before we rename highways lets get the city some coupons some free parking, some things families can do that are not an arm and a leg before we waste mony on the freaking tourists they can't even drive properly why do we need to make them number one they are here for a short visit yes they may return year after year but the People of Niagara Falls are here all year every year paying our Taxes. WHAT is IN it for US? This city is unfair to the city people. Thanks for your time don't contact me that information on myself is wrong. June 29, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -08 Adult Entertainment Appeal RECOMMENDATION: Niagaraaalls CANADA CD- 2009 -08 That based on the recommendation of the Adult Entertainment Appeals Committee, the appeal be granted and a licence be issued for one -year conditional upon the applicant not being convicted of any further crimes; and That staff again approaches the Police Services Board about taking over all appeals heard under the City's Live Adult Businesses By -law (2002 -197); and BACKGROUND: City By -law 2002 -197 (the "By- law is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197 if an applicant is refused a licence, they may appeal requiring a hearing of a committee of Council. An existing licensee, who has their licence revoked, automatically receives a hearing. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. This report is a result of an appeal heard on June 23' at Committee Room #1, City Hall arising out of the refusal of an adult entertainer's license to the applicant by the licensing authority from the Police Services Board. iagaraFalls, ON Canada L2E 6X5 P05-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks June 29, 2009 Refusal of Licence The applicant for a licence as an entertainer in an Adult Entertainment Parlour had a criminal conviction from 2006 for trafficking under the Controlled Drugs Substance Act. As a result, the issuer of licences refused a licence under the following grounds under the By -law: 19(2)(b): the past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director, shareholder or officer of the corporation, if the applicant is a corporation, affords reasonable grounds for belief that the business in respect of which the application is made will not be carried on in accordance with the law and with integrity and honesty; 19(2)(g): the past or present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; Hearing 2 CD- 2009 -08 The applicant appealed the refusal of the issuance of the licence. A hearing was conducted under the by -law, testimony and evidence were given and the committee deliberated. The Committee's recommendation to issue the licence with a condition is based on the following points, amongst others: the applicant has had no criminal convictions since 2006. she has worked in adult entertainment parlours in Mississauga without incident. she is a single mother, who cares and provides for a daughter and her own mother. she was truthful on past transgressions. with a criminal conviction it is difficult for her to secure employment elsewhere and she has no interest in seeking social assistance. she is no longer able to secure transportation to her job in Mississauga. there was not enough evidence to indicate that the issuance of a licence to the applicant would endanger the health or safety, of one or more members of the public. Based on the Committee's recommendation, Council can grant the appeal subject to conditions as per section 15(6)(b) of the By -law. Delegation of Authority Once again, Committee members expressed concerns regarding their role in such hearings and that Council should not be involved in such hearings in the future. June 29, 2009 3 CD- 2009 -08 After the last set of hearings, in 2007, staff did have meetings with the Police Services Board counsel to discuss such hearings taking place through the Police Services Board. The Board hears appeals for Regional licensing matters such as taxi cab licences, amongst other licensing appeals. To date the Police Services Board has not agreed to taking over Adult Entertainment Parlour appeals. Staff will endeavour to raise this issue again but stresses that the Police services Board has staunchly refused to take over any matters related to Body Rub parlours that rest with the Tower -tier municipality. CONCLUSION: Based on a hearing conducted under City By -law 2002 -197, a committee of Council members recommends that Council grant the appeal for the issuance of an entertainer's licence subject to the applicant not being convicted of any future crimes. Of course, the committee stressed that the crimes that would lead to an automatic revocation would be convictions under the Criminal Code or Controlled Drugs Substance Act such as violent crimes, further drug offences or crimes related to honesty and integrity (fraud, theft etc.). Recommended by: Approved by: Respectfully submitted: Dean Iorfida, City Clerk Ken K. E. Burden, Executive Director of Corporate Services odd, Chief Administrative Officer June 29, 2009 CPS- 2009 -05 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ar aa11s CANADA Re: CPS 2009 -05 Crawford Adjusters Canada Amendment of Agreement for Insurance Adjusting Services RECOMMENDATION: That the amended Schedule A of the Independent Claims Adjusting Service Agreement with Crawford Adjusters Canada be approved. BACKGROUND: In 2006, the City renewed the agreement with Crawford Adjusters Canada (CAC) to provide claims adjusting services for a contract period of July 18, 2006 to. July 17, 2010. The agreement provides for an annual review of the rates which are detailed in Schedule A of the agreement. On March 5, 2009, CAC requested a review of the rate schedule. Staff confirms that the claims adjusting rates have not changed since the beginning of the contract period. CAC has requested an increase to their blended hourly rate, from $100 to $107 effective July 1, 2009, and increase to $110 effective January 1, 2010, and that all other rates remain unchanged for the duration of the contract. Staff advises that the proposed rates are less than CAC's national posted fee schedule and are comparable with what other Niagara Municipalities pay. The City's expenditures to date are Tess than what was estimated; the remaining 2009 budget should be sufficient to absorb an increase to the CAC blended hourly rate. As per CAC's request, the amendment to Schedule A of the Claims Adjusting Service Agreement with Crawford Adjusters Canadais attached to this report. a =L2E 6X5 .'905-3,56-7521 wwwniagarafalls:ca Working Together to Serve Our Community Corporate Services Department June 29, 2009 Recommended by: Respectfully submitted: 2 Ken Burden, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer CPS- 2009 -05 June 22, 2009 Ken Burden Executive Director of Corporate Services City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ken: Crawford RE: City of Niagara Falls 2009 Amendment to Schedule "A" As requested, Crawford Company (Canada) Inc. is pleased to confirm the following amendments to Schedule "A" of the Service Level Agreement currently in place with the City of Niagara Falls (City) as follows: Crawford and the City agree to a $107 Blended Hourly Rate for TPA services on behalf of the City effective July 1, 2009 and ending December 31, 2009. On January 1, 2010, the City agrees to allow Crawford to increase its Blended Hourly Rate to $110 for TPA services on behalf of the City until the end of the original Service Level Agreement, being July 18, 2010, Crawford requests the opportunity to meet with the City's representatives following expiration of the original contract to review pricing should Crawford's appointment be extended under the option for another four (4) years as indicated in Section 3 Terms Termination. Should you have any questions, or require any clarification with respect to the above, please do not hesitate to contact the undersigned. Kind regards, Sen!ice President, Sales Marketing .er 300 —123 Front St. W. Toronto, ON M5J 2M5 Phone (416) 364 -6341 Fax (416) 364 -6346 www.crawfordandcompany.ca Crawford Company (Canada) Inc. Outstanding Taxes April 30, 2009 29,963,764 Penalty charged in May 255,548 Taxes Collected during May 4,812,264 Outstanding Taxes May 31, 2009 25,407,048 Taxes Past Due 25,407,048 June 29, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraflalls CANADA F- 2009 -35 Re: F- 2009 -35 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 May 2009. Canada 12E 6X5 :905 356 =7521 wwwniagarafalls,ca Working Together to Serve Our Community Corporate Services Department Finance June 29, 2009 2 F- 2009 -35 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 May 31, 2009 As this chart identifies, the two largest property classes, commercial (56.9 and residential (38.8 are the largest contributors to the amounts owed as at May 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after five months of activity. This chart shows that 89.6% of the tax accounts have paid in full or have made payment arrangements. Properties Subject to Registration as at Apr 30 2009 Properties Subject to Registration as at May 31 2009 of Initial Amount Initial Amount 364 364 225,623 Paid in Full 44 52 14.3% Payment Arrangements 266 274 75.3% Ongoing Collection Action 53 37 10.2% Registered 1 1 0.2% 364 364 100% June 29, 2009 2 F- 2009 -35 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 May 31, 2009 As this chart identifies, the two largest property classes, commercial (56.9 and residential (38.8 are the largest contributors to the amounts owed as at May 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after five months of activity. This chart shows that 89.6% of the tax accounts have paid in full or have made payment arrangements. Taxes Owing of Property Class Receivables Residential 9,853,986 38.78% Multi Residential 225,623 0.89% Commercial 14,459,473 56.91% Industrial 843,187 132% Farmlands 24,779 0.10% Total Receivables $25,407,048 100.00% June 29, 2009 2 F- 2009 -35 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 May 31, 2009 As this chart identifies, the two largest property classes, commercial (56.9 and residential (38.8 are the largest contributors to the amounts owed as at May 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after five months of activity. This chart shows that 89.6% of the tax accounts have paid in full or have made payment arrangements. Scheduled Sales Tax Date Number of Properties Taxes Outstanding Amount May 2009 0 $0 November 2009 24 $659,650 May 2010 21 $1,522,181 Totals 45 $2,181,831 June 29, 2009 3 F- 2009 -35 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. During the month of May, no registered properties were redeemed and no properties have been registered. The chart also identifies the associated taxes owing on these properties as at May 31, 2009. The outstanding taxes for registered properties represents 8.6% of the total outstanding taxes at month end. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harrison, Dire or of Finance Ken Burden Executive Director of Corporate Services Ken To d, Chief Administrative Officer June 29, 2009 F- 2009 -36 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -36 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $33,906,967.52 for the period April 29, 2009 to June 10, 2009. BACKGROUND: Niagaraa11s C A N A D A 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: Todd Harrison, DirecNr of Finance ecutive Directgr"-"of Corporate Services Ken Burden Ken Todd, Chief Administrative Officer Veen Street,` anada 1_2t 6X5 905= 356 =7521 :www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 101 DELIVERY 1049527 ONTARIO LTD 117829 CANADA INC 1198983 ONTARIO LIMITED 1238838 ONTARIO LIMITED 1254225 ONTARIO INC 1302771 ONTARIO INC 1372744 ONTARIO LTD 1407833 ONTARIO INC 151702 CANADA INC 1568329 ONTARIO INC 1594268 ONTARIO LTD 1623565 ONTARIO LIMITED CIO AUBREY ZIDENBERG 165557 ONTARIO INC 1683057 ONTARIO LTD 180 MARKETING 2088937 ONTARIO INC. 2094204 ONTARIO LTD 367359 ONTARIO LTD 396101 ONTARIO LIMITED 5175 VICTORIA HOLDINGS INC 550857 ONTARIO LTD 550857 ONTARIO LTD 581858 ONTARIO LTD 698743 ONTARIO LTD 705336 ONTARIO LIMITED 786 HAMDANI LTD 886995 ONTARIO LTD 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTII' 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUP A GREEN WINDOW BLIND CLEANING LTD A J STONE COMPANY LTD ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCUETRUST AGNOLETTO,TAMMY AGRATURF EQUIPMENT SERVICES INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALEXANDER,RICHARD ALFIDOME CONSTRUCTION ALISON'S SPORTS AWARDS ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERSON,RAY ANGLE,BETH ANTONIO,CHUCK APPLIED GEOLOGICS INC AQUICON CONSTRUCTION CO LTD AQUICON CONSTRUCTION CO LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ATHENA CONSTRUCTION COMPANY LIMITED AVANTIS INC. Page 1 of 13 Cheque No. Cheque Date Purpose Amount 328401 06- May -2009 CONTRACT SERVICES 43.05 329187 10- Jun -2009 COURIER 164.85 328921 03- Jun -2009 REFUND 1,914.30 328922 03- Jun -2009 REFUND 633.59 328923 03- Jun -2009 REFUND 2,236.72 328924 03- Jun -2009 REFUND 2,025.68 328925 03- Jun -2009 REFUND 245.19 328926 03- Jun -2009 REFUND 691.06 328927 03- Jun -2009 REFUND 601.43 328515 13- May -2009 CONTRACT SERVICES 1,102.50 328928 03- Jun -2009 REFUND 233.30 328929 03- Jun -2009 REFUND 6,026.15 328930 03- Jun -2009 REFUND 2,838.65 328931 03- Jun -2009 REFUND 4,160.62 328932 03- Jun -2009 REFUND 2,351.07 328933 03- Jun -2009 REFUND 378.36 329188 10- Jun -2009 CONTRACT SERVICES 1,579.20 328934 03- Jun -2009 REFUND 2,422.54 328935 03- Jun -2009 REFUND 494.01 328936 03- Jun -2009 REFUND 1,398.80 328937 03- Jun -2009 REFUND 10,629.95 328938 03- Jun -2009 REFUND 4,169.16 328939 03- Jun -2009 REFUND 181.66 328940 03- Jun -2009 REFUND 506.49 328941 03- Jun -2009 REFUND 386.76 328942 03- Jun -2009 REFUND 8835 JOSEPH CRT 750.00 328943 03- Jun -2009 REFUND 1,211.23 328944 03- Jun -2009 REFUND 6,235.40 328945 03- Jun -2009 REFUND 806.47 329189 10- Jun -2009 CONTRACT SERVICES 2,260.00 328402 06- May -2009 MAINTENANCE /REPAIRS 157.50 328516 13- May -2009 MAINTENANCE/REPAIRS 3,360.00 328745 27- May -2009 MATERIALS 82.92 328946 03- Jun -2009 CONTRACT SERVICES 737.10 329191 10- Jun -2009 CONTRACT SERVICES 2,215.50 329193 10- Jun -2009 MATERIALS 708.60 328517 13- May -2009 MAINTENANCE /REPAIRS 2,026.51 329190 10- Jun -2009 MAINTENANCE /REPAIRS 1,161.23 US draft 21- May -2009 MAINTENANCE CONTRACT 3,559.50 328947 03- Jun -2009 REFUND 150.00 328645 20- May -2009 EQUIPMENT -2009 J DEERE 2WD TRA■ 41,135.25 328403 06- May -2009 MAINTENANCE /REPAIRS 60.90 328518 13- May -2009 MAINTENANCE /REPAIRS 5,779.65 329192 10- Jun -2009 MAINTENANCE /REPAIRS 2,591.81 328746 27- May -2009 REIMBURSEMENT SAFETY BOOTS 2 150.00 328646 20- May -2009 CONTRACT MAIN REPLACEMENT 5,250.00 329194 10- Jun -2009 MATERIALS -TROOP SHIRTS 725.40 328647 20- May -2009 MAINTENANCE /REPAIRS 146.90 328949 03- Jun -2009 LEASES AND RENTS 305.10 328948 03- Jun -2009 MATERIALS 1,191.08 329195 10- Jun -2009 MATERIALS 17.30 328404 06- May -2009 PAYROLL REMITTANCE 579.54 328519 13- May -2009 PAYROLL REMITTANCE 556.80 328648 20- May -2009 PAYROLL REMITTANCE 559.06 328747 27- May -2009 PAYROLL REMITTANCE 613.65 328950 03- Jun -2009 PAYROLL REMITTANCE 579.54 328748 27- May -2009 TRAVEUMILEAGE 136.00 328951 03- Jun -2009 TRAVEUMILEAGE JAN MAY 2009 61.50 328520 13- May -2009 TRAVEUMILEAGE 25.00 328749 27- May -2009 REMITTANCE CONFERENCE EXP. 20( 220.35 328521 13- May -2009 CONTRACT SERVICES -4 -PAD ARENA 1,056,920.13 328952 03- Jun -2009 CONTRACT SERVICES -BOB GALE CO 1,966,594.78 328522 13- May -2009 STORES /INVENTORY 493.49 328649 20- May -2009 STORES /INVENTORY 223.29 328953 03- Jun -2009 STORES /INVENTORY 597.67 329196 10- Jun -2009 STORES /INVENTORY 1,093.08 328954 03- Jun -2009 MATERIALS 1,116.81 328405 06- May -2009 CONSULTING SERVICES GARNER SV 20,611.60 328955 03- Jun -2009 REBATE 09 5743 THOROLD STONE 1,292.86 328642 15- May -2009 ADMINISTRATIVE 5,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name B B LIFT TRUCK SERVICE B B LIFT TRUCK SERVICE B C TRUCK CENTRE (PARTS) BACON DESIGNS INC BANK OF MONTREAL BARCAN EQUIPMENT SALES (2007) LTD O/A TOTAL EQUIPMEN BARCLAY TODD'S BARKSHIRE,SHANE& BARKSHIRE, YUKO BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BELL,LEROY BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BENISON INVESTMENTS LTD BENNETT,TIM BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGELOW,GEESKE J BIRKS COMPANY THE BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BISHOP,KENDRA BOB ROBINSON SON CONSTRUCTION BOCCIA,GERRY BONDFIELD CONSTRUCTION COMPANY LIMITED BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOYLE,PEGGY BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BUCKHORN CANADA INC BUDGETCAR INC BUKATOR,LOIS YVONNE& MAIER, KAREN JOY BUNTIN REID BUNTIN REID BUNTIN REID BUTERA,ALDO,TRUSTEE C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,CAREY CANADA BREAD ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADA CULVERT CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC Cheque No. 328650 328751 328961 328956 328957 329197 328958 328959 328960 328651 328752 329198 328523 328966 328406 328525 328654 328753 328754 328755 328756 328962 328963 328964 328967 328758 328527 328968 329199 328528 328655 328529 328656 328759 328605 328407 328920 329200 328969 328970 328760 328408 328971 328530 328657 329201 328531 328761 328973 329202 329203 328762 328974 328409 328532 328975 328976 328423 328977 329204 328533 328763 329205 328979 328410 328534 328764 329207 328535 328536 328980 Cheque Date 20- May -2009 27- May -2009 03- Jun -2009 03- Jun -2009 03- Jun -2009 10- Jun -2009 03- Jun -2009 03- Jun -2009 03- Jun -2009 20- May -2009 27- May -2009 10- Jun -2009 13- May -2009 03- Jun -2009 06- May -2009 13- May -2009 20- May -2009 27- May -2009 27- May -2009 27- May -2009 27- May -2009 03- Jun -2009 03- Jun -2009 03- Jun -2009 03- Jun -2009 27- May -2009 13- May -2009 03- Jun -2009 10- Jun -2009 13- May -2009 20- May -2009 13- May -2009 20- May -2009 27- May -2009 13- May -2009 06- May -2009 29- May -2009 10- Jun -2009 03- Jun -2009 03- Jun -2009 27- May -2009 06- May -2009 03- Jun -2009 13- May -2009 20- May -2009 10- Jun -2009 13- May -2009 27- May -2009 03- Jun -2009 10- Jun -2009 10- Jun -2009 27- May -2009 03- Jun -2009 06- May -2009 13- May -2009 03- Jun -2009 03- Jun -2009 06- May -2009 03- Jun -2009 10- Jun -2009 13- May -2009 27- May -2009 10- Jun -2009 03- Jun -2009 06- May -2009 13- May -2009 27- May -2009 10- Jun -2009 13- May -2009 13- May -2009 03- Jun -2009 Purpose MAINTENANCE /REPAIRS- ANNUAL INE LEASES AND RENTS -UNIT 151 STORES /INVENTORY MAINTENANCE /REPAIRS REFUND -TAX OVERPAYMENT 4732 C( MAINTENANCE /REPAIRS CONCESSION SUPPLIES REFUND -PAPP TAX OVERPAYMENT F REBATE 09 4411 4413 QUEEN CONTRACT SERVICES LEASES AND RENTS- PUMP, 6" DIESE MATERIALS TRAVEUMILEAGE APRIL 2009 REFUND -PLOT SELL -BACK TO CITY /F SERVICES SERVICES SERVICES SERVICES FIRE #6 TELEPHONE SERVICES SERVICES CONTRACT DROP WIRE KALAR /BR SERVICES -CITY HALUTRANSIT TELEI SERVICES TELEPHONE REBATE 09 5275 VICTORIA REBATE 09 5746 VALLEY WAY REIMBURSEMENT SAFETY BOOTS 2 STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY REFUND TICKET #C0074562 MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS SPORTS FOUNDATION AWARD WINN MAINTENANCE/REPAIRS -6470 MCMIL REFUND: PARKING TICKET OVERPAY CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES -TAX ASSES: REFUND CONFERENCE EXPENSES N GRANT ALLOWANCE JUNE 09 ADVERTISING MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONSULTING PEOPLE MOVER CONSULTING PEOPLE MOVER CONSULTING SERVICES VILLARBOIT GRANT MATERIALS REFUND DUPLICATE PARKING TICKE REBATE 09 3770 BRIDGEWATER SUPPLIES OFFICE OFFICE SUPPLIES OFFICE SUPPLIES REBATE 09 -5983 CLARK CONTRACT SERVICES GRADALL XL3 MATERIALS SERVICES -GPRS MAY 09 TRAVEUMILEAGE CONCESSION SUPPLIES CONCESSION SUPPLIES MATERIALS MAINTENANCE /REPAIRS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES MAINTENANCI LEASES AND RENTS MATERIALS Page 2 of 13 Amount 2,943.33 662.84 268.04 547.00 64.05 184.09 199.51 428.98 1,315.66 20,016.49 2,237.60 67.80 90.00 498.75 10,226.88 258.75 113.00 149.66 66.24 10.73 1,880.39 8,641.75 100.30 3,564.41 1,452.56 150.00 474.60 24.41 105.09 300.00 537.88 42.04 200.29 500.00 693.00 25.43 1,189,039.64 306,106.29 722.40 614.27 16,066.67 1,979.86 511.33 67.53 26.71 168.82 2,575.97 4,065.86 1,995.00 18,655.40 120.45 20.00 544.43 2,329.33 220.60 4,048.41 473.89 1,361.59 576.30 915.30 72.50 150.65 39.00 2,816.93 119.44 603.75 101.70 165.38 1,018.23 194.25 2,342.94 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN SAFETY EQUIPMENT INC CANALI,KAREN CANAMED (STAMFORD) LTD CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CAPITAL COMMERCIAL PIPE SERVICES LTD CARE PARTNERS CARGILL LIMITED M2098 CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARRICK,MARZENNA CASUPANAN,ARTHUR CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERTIFIED MANAGEMENT ACCOUNTANTS OF ONTARIO CHADDA,SATISH KUMAR& CHADDA, INDIRA CHANG,ALBERT& CHANG, JENNY CHARLES JONES INDUSTRIAL LTD CHARLES JONES. INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,GORD CHASE,GORD CHEN,KUO SU CHIARELLA,DOMENIC CHIPMAN,GERRY CHIPMAN,JAIMIE CHIPPAWA LIONS CLUB CHU,KWOK YIU CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CLASSIC FIRE PROTECTION INC CNM INC COBI CONCRETE SAWING COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,DOUGLAS COLLEE,MICHAEL COLLISON,LISA COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COSTA,ANTHONY& COSTA, GABRIELE COTTON INC COTTON INC COVELLI,JOE CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CREDIT UNION. OF CENTRAL ONTARIO CREDIT UNION OF CENTRAL ONTARIO CROMBIE LEASEHOLDS LTD CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPOLO,SAMUEL ESTATE OF CURTIS GAIL DEVELOPMENT CORPORATION CYGNAL TECHNOLOGIES D J PENWARDEN APPRAISALS LTD Cheque No. Cheque Date Purpose 329210 10- Jun -2009 MAINTENANCE /REPAIRS 329206 10- Jun -2009 TRAVEUMILEAGE 328978 03- Jun -2009 REBATE -4256 PORTAGE 329209 10- Jun -2009 CONTRACT SERVICES 328765 27- May -2009 CONTRACT SERVICES 329211 10- Jun -2009 SERVICES SECURITY 328981 03- Jun -2009 CONTRACT SERVICES -SAN SEWER F 329212 10- Jun -2009 REFUND: DUPLICATE PAYMENT INV.1 328412 06- May -2009 MATERIALS -BULK SALT 328413 06- May -2009 MATERIALS 328982 03- Jun -2009 MATERIALS 328766 27- May -2009 TRAVEUMILEAGE 328767 27- May -2009 SPORTS FOUNDATION AWARD WINN 328984 03- Jun -2009 MATERIALS 328985 03- Jun -2009 STORES /INVENTORY 329213 10- Jun -2009' STORES /INVENTORY 328986 03- Jun -2009 CONTRACT SERVICES LIFEWORKS A 328987 03- Jun -2009 MEMBERSHIP RENEWAL: K. BURDEN 328415 06- May -2009 REFUND -TAX OVERPAYMENT 10 -3 -5 328988 03- Jun -2009 REBATE 09 4343 -4349 QUEEN 328416 06- May -2009 STORES /INVENTORY 328537 13- May -2009 STORES /INVENTORY 328990 03- Jun -2009 STORES /INVENTORY 329214 10- Jun -2009 STORES /INVENTORY 328417 06- May -2009 REIMBURSEMENT MARINE UNIT BA' 328538 13- May -2009 MATERIALS 328991 03- Jun -2009 REBATE 09 6824 THOROLD STONE 328992 03- Jun -2009 REBATE 09 4926 -4932 VICTORIA 328769 27- May -2009 SPORTS FOUNDATION AWARD WINN 328770 27- May -2009 SPORTS FOUNDATION AWARD WINN 328658 20- May -2009 DONATION ANNUAL FUNDING /CHIPP, 328993 03- Jun -2009 REBATE 09 4617 -4619 CRYSLER 328418 06- May -2009 MATERIALS 329154 03- Jun -2009 MATERIALS 328994 03- Jun -2009 LEASES AND RENTS 328996 03- Jun -2009 CONTRACT SERVICES 328997 03- Jun -2009 REBATE 09 3483 3551 PORTAGE 329215 10- Jun -2009 CONTRACT SERVICES 328772 27- May -2009 CONSULTING KALAR SAN SEWER T 328420 06- May -2009 SERVICES 328773 27- May -2009 SERVICES 328998 03- Jun -2009 SERVICES 329216 10- Jun -2009 TRAVEUMILEAGE MAY 10 -15/09 329217 10- Jun -2009 TRAVEUMILEAGE MAY 10 15/09 328774 27- May -2009 SPORTS FOUNDATION AWARD WINN 328421 06- May -2009 CONTRACT SERVICES 328659 20- May -2009 CONTRACT SERVICES 328775 27- May -2009 CONTRACT SERVICES 328999 03- Jun -2009 CONTRACT SERVICES 329000 03- Jun -2009 REBATE 09 8044 PORTAGE 329001 03- Jun -2009 MATERIALS 329218 10- Jun -2009 MATERIALS 328539 13- May -2009 REFUND -ICE TIME OVERPAYMENT 328422 06- May -2009 ADMINISTRATIVE -TRUST ACCT REPL 328776 27- May -2009 CONTRACT W MANN 329003 03- Jun -2009 CONTRACT SERVICES -PIZEL D 328540 13- May -2009 REFUND -TAX OVERPAYMENT MAY09 328777 27- May -2009 REFUND TAX 4 -16 -53800 329004 03- Jun -2009 REBATE 09 3714 PORTAGE 328424 06- May -2009 MATERIALS 328660 20- May -2009 MAINTENANCE /REPAIRS 328425 06- May -2009 PAYROLL REMITTANCE 328541 13- May -2009 PAYROLL REMITTANCE 328661 20- May -2009 PAYROLL REMITTANCE 328778 27- May -2009 PAYROLL REMITTANCE 329005 03- Jun -2009 PAYROLL REMITTANCE 329219 10- Jun -2009 PAYROLL REMITTANCE 329006 03- Jun -2009 REBATE 09 5655 FERRY 329007 03- Jun -2009 REBATE 09 4025 DORCHESTER S 329008 03- Jun -2009 COMPUTER BANDWIDTH 328592 13- May -2009 CONSULTING SERVICES Page 3 of 13 Amount 715.67 39.40 1,467.56 264.60 531.20 210.00 5,250.00 126.00 6,395.74 342.85 17,548.13 209.50 500.00 386.23 3,046.48 593.39 1,644.30 799.05 1,268.46 834.18 913.07 349.62 3,109.19 556.37 253.12 495.18 527.60 1,734.91 500.00 500.00 34,000.00 371.03 201.81 3,125.85 9,946.40 56.50 10,025.22 690.39 10,624.95 454.30 773.02 559.25 264.53 375.78 500.00 20,683.37 22,040.72 2,780.06 22,642.28 1,470.40 752.05 2,025.55 192.87 13,769.94 1,790.00 220.00 250.00 2,000.00 1,511.77 486.37 7,995.98 3,950.91 4,081.49 4,076.79 4,129.60 4,080.17 4,104.57 1,587.97 471.47 2,943.94 997.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name D'AGOSTINO,ANGELA DALE CARNEGIE BUSINESS GROUP CANADA DANYAAL ENTERPRISES LTD DANYLUCK,JON DELCAN CORPORATION DELL,ISAAC DELL CANADA INC DELUCA,VALERIA DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESJARDINS FINANCIAL SECURITY LIFE ASSURANCE DICARLO,ANTHONY DICK,HERBERT DICK,JAMES DIPIETRO,SAL& TARTAGLIA, CARMEN DIPIETRO,SALVATORE& DIPIETRO, MARY DOUG EMBLETON AUCTIONS INC DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DUECK,GREG DUERKSEN,ANGELA DUJLOVIC,ED DUNN AND DRUMMOND INCORPORATED DUPUIS,ULY DUTCHMASTER NURSERIES LTD E S FOX ENTERPRISES INC E3 LABORATORIES ELECTROMEGA LTD ELITE INTEGRATED SYSTEMS LTD ELLISDON CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO LIMITED DISTRIBUTION EMPIRE LIFE INSURANCE COMPANY THE EMPIRE LIFE INSURANCE COMPANY THE EMRY SERVICES INC ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENTERPRISE RENT A CAR CANADA LTD EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUITY FOUR HOLDINGS INC ETHERINGTON,DAVE ETHERINGTON,DAVE EVANOFF,VICTOR EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FACCHIN,MARGHERITA& ZAPPITELLI, VIVIAN FALLS CHEVROLET OLDSMOBILE LTD FALLS ELECTRIC INC FALLS WHOLESALE LTD FARMERS MARKETS ONTARIO FARQUHARSON,ROBBIE Cheque No. Cheque Date Purpose 329009 03- Jun -2009 REBATE 09 1 -6075 DUNN 328542 13- May -2009 CONSULTING SERVICES 329010 03- Jun -2009 REBATE 09 6734 -6758 LUNDY'S LANI 328779 27- May -2009 REFUND PAPP TAX OVERPAYT 60 -0 328662 20- May -2009 CONSULTING KALAR LL TO BEAVE 328781 27- May -2009 SPORTS FOUNDATION AWARD 2009 328780 27- May -2009 COMPUTER 328663 20- May -2009 GRANT RECREATION COMMITTEE 328664 20- May -2009 CONTRACT SERVICES 329011 03- Jun -2009 MATERIALS 329012 03- Jun -2009 REBATE 09 4342 QUEEN 328665 20- May -2009 SERVICES CANADA DAY CELEBRAT 329013 03- Jun -2009 REBATE 09 5052 VICTORIA 328640 14- May -2009 SERVICES MAYOR'S YOUTH ADVISC 329015 03- Jun -2009 REBATE 09 4681 4685 QUEEN 329014 03- Jun -2009 REBATE 09 4519 4525 QUEEN 328426 06- May -2009 ADMINISTRATIVE- RETAINER FEE FOF 329220 10- Jun -2009 REMITTANCE -BIA LEVY 328427 06- May -2009 MATERIALS 329016 03- Jun -2009 LEASES AND RENTS PHOTOCOPIER 329017 03- Jun -2009 MATERIALS 328782 27- May -2009 REFUND -BOOT ALLOWANCE 328543 13- May -2009 MATERIALS 329018 03- Jun -2009 TRAVEUMILEAGE FEB -MAY 2009 329019 03- Jun -2009 REBATE 09 6175 DUNN 328666 20- May -2009 TRAVEUMILEAGE APRIL 09 329020 03- Jun -2009 MATERIALS 329027 03- Jun -2009 REBATE 09 9127 MONTROSE 329221 10- Jun -2009 CONTRACT SERVICES 329222 10- Jun -2009 MATERIALS 329223 10- Jun -2009 EQUIPMENT -ON BOARD BUS TICKET 328667 20- May -2009 DESIGN NC CC 328428 06- May -2009 MATERIALS 328544 13- May -2009 STORES /INVENTORY 328668 20- May -2009 MATERIALS 328784 27- May -2009 MATERIALS 329224 10- Jun -2009 STORES /INVENTORY 329022 03- Jun -2009 MATERIALS 328429 06- May -2009 REMITTANCE TRANSIT 329023 03- Jun -2009 REMITTANCE TRANSIT EMPL PREMIL 329177 04- Jun -2009 CONTRACT SERVICES -OAKES PARK 328430 06- May -2009 UTILITIES 328545 13- May -2009 UTILITIES 328669 20- May -2009 UTILITIES 328785 27- May -2009 UTILITIES 329024 03- Jun -2009 UTILITIES 329225 10- Jun -2009 UTILITIES 328786 27- May -2009 MAINTENANCE /REPAIRS MILLER RD 329226 10- Jun -2009 SERVICES ENGINEERING- CUMMINGE 328546 13- May -2009 REFUND 328547 13- May -2009 LEASES AND RENTS STREET SWEEF 328670 20- May -2009 LEASES AND RENTS STREET SWEEF 328787 27- May -2009 LEASES AND RENTS STREET SWEEF 329025 03- Jun -2009 LEASES AND RENTS TYMPCO DST-6 329026 03- Jun -2009 REBATE 09 6980 -7000 MCLEOD 328431 06- May -2009 TRAVEUMILEAGE APRIL 09 329227 10- Jun -2009 TRAVEUMILEAGE 328788 27- May -2009 TRAVEUMILEAGE APRIL 2009 329228 10- Jun -2009 TRAVEUMILEAGE MAY 2009 328432 06- May -2009 MATERIALS 329028 03- Jun -2009 MATERIALS -FIRE HYDRANTS 328548 13- May -2009 CONTRACT 4249 ELGIN ST 328671 20- May -2009 CONTRACT SPRING ST 328789 27- May -2009 CONTRACT 5691 ROBINSON 329029 03- Jun -2009 MATERIALS 329030 03- Jun -2009 REBATE 09 7361 PIN OAK 329031 03- Jun -2009 MAINTENANCE /REPAIRS 329032 03- Jun -2009 MAINTENANCE /REPAIRS 328549 13- May -2009 CONCESSION SUPPLIES 329229 10- Jun -2009 MEMBERSHIP 2009 SEASON D MINE 328790 27- May -2009 SPORTS FOUNDATION AWARD WINN Page 4 of 13 Amount 859.71 787.50 2,439.37 324.40 21,529.82 500.00 10,909.74 50.00 8,400.00 2,872.21 32,343.80 300.00 245.02 200.00 517.66 266.12 7,000.00 20,000.00 465.17 332.11 680.26 150.00 649.44 162.00 1,968.56 134.50 5,342.19 14,044.95 2,437.20 28.93 1,232.83 52,500.00 1,363.32 1,010.62 3,825.51 633.93 1,774.74 2,354.46 33,821.60 33,802.24 1,890.00 355.28 1,636.25 (172.19) 3,263.53 19,164.70 103.52 2,889.63 1,040.03 20.00 5,062.40 7,593.60 6,960.80 2,531.20 4,994.74 45.50 72.50 96.00 114.00 832.81 4,860.09 499.80 351.75 874.65 2,348.21 2,017.55 409.20 660.49 573.71 131.25 500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FAST,DAVID JOHN FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEDERAL EXPRESS CANADA LTD FELICETTI,SERGE FIEDOREK,BARBARA FIEDOREK,STANISLAW FIELD OF DREAMS FIFE,BRANDON FIRE INC FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FIRSTLINE MORTGAGES FIRSTLINE MORTGAGES FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FOREST CITY MODELS PATTERNS LTD G P S PURSUIT INC GAGNE,MONIQUE GALATI,EDWARD GALBRAITH ELECTRIC LTD GALES GAS BARS GALLO,CARLO GALT MACHINE KNIFE& SAW GAMMA DYNACARE MEDICAL LABORATORIES GAULEY,ROBERT (DAN) GEORGE BAILEY GERRIE ELECTRIC WHOLESALE LTD GIBRALTAR SOLUTIONS INC GIGLIOTTI,ALEXIS GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBAL SENSOR SYSTEMS INC GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAKES ST LAWRENCE CITIES INITIATIVE GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREEN,DARLENE GREENLAWN GRIEF BROS CANING GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC GUILLEVIN INTERNATIONAL INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALTON INSPECTION SERVICES HAMDANI DRY CLEANERS LTD HAMILTON,JAMES HAMILTON,STEPHEN HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HARRIMAN JOHN M -R ASSESSMENT CONSULTANT HARRIOTT,WINSTON HARRISON,TODD HEART NIAGARA INC Cheque No. Cheque Date Purpose 329033 03 -Jun -2009 REBATE 09 4162 PORTAGE 328550 13- May -2009 MATERIALS 329034 03- Jun -2009 STORES /INVENTORY 329035 03- Jun -2009 COURIER 329230 10- Jun -2009 COURIER 328551 13- May -2009 REFUND 329036 03- Jun -2009 REFUND -4532 ZIMMERMAN 329037 03- Jun -2009 REBATE 09 4257 PARK 328791 27- May -2009 MATERIALS 328792 27- May -2009 REIMBURSEMENT SAFETY BOOTS 2 329038 03- Jun -2009 REFUND RE: 8371 WILLOUGHBY BA A 328552 13- May -2009 MAINTENANCE /REPAIRS 328672 20- May -2009 MAINTENANCE /REPAIRS 329231 10- Jun -2009 MAINTENANCE /REPAIRS 328793 27- May -2009 REMITTANCE- VEHICLE INSURANCE F 328434 06- May -2009 REFUND: TAX OVERPAYMENT 328553 13- May -2009 REFUND OVERPAYMENT MAY 09 328554 13- May -2009 STORES /INVENTORY 328673 20- May -2009 STORES /INVENTORY 329039 03- Jun -2009 MATERIALS 329232 10- Jun -2009 STORES /INVENTORY 328674 20- May -2009 MATERIALS 328558 13- May -2009 ADVERTISING -WI -FI 328675 20- May -2009 REFUND PLOT TT #555 /FAIRVIEW 329233 10- Jun -2009 REFUND CEMETERY PLOT FAIRVIEb 328435 06- May -2009 MAINTENANCE /REPAIRS- GUNNING S' 329234 10- Jun -2009 FUEL 328436 06- May -2009 REFUND PARKING TICKET OVERPAY! 329040 03- Jun -2009 MAINTENANCE /REPAIRS 328794 27- May -2009 ADMINISTRATIVE 328556 13- May -2009 TRAVEL /MILEAGE 328917 28- May -2009 CONTRACT SERVICES 328437 06- May -2009 MATERIALS 328676 20- May -2009 COMPUTER EQUIPMENT 328677 20- May -2009 GRANT RECREATION COMMITTEE 328557 13- May -2009 MATERIALS 329042 03- Jun -2009 STORES /INVENTORY 329043 03- Jun -2009 MATERIALS 328678 20- May -2009 SERVICES MAR APR 09 328438 06- May -2009 MATERIALS 328559 13- May -2009 MATERIALS 328679 20- May -2009 MATERIALS 329044 03- Jun -2009 MATERIALS 329235 10- Jun -2009 MATERIALS 328796 27- May -2009 MEMBERSHIP DUES CITY OF NIAGA 328795 27- May -2009 PAYROLL REMITTANCE 329236 10- Jun -2009 REFUND SERVICE DEPOSIT 6537 OF 329045 03- Jun -2009 MATERIALS 329046 03- Jun -2009 REBATE 4215 -4221 PARK ST 328797 27- May -2009 CONTRACT STREETLIGHT SERVICII 328440 06- May -2009 MATERIALS 328798 27- May -2009 MATERIALS 329047 03- Jun -2009 STORES /INVENTORY 328439 06- May -2009 EQUIPMENT REBUILT TRANSMISSIC 328560 13- May -2009 STORES /INVENTORY 328441 06- May -2009 MAINTENANCE /REPAIRS 328561 13- May -2009 MAINTENANCE/REPAIRS 328680 20- May -2009 LEASES AND RENTS 328799 27- May -2009 CONTRACT SERVICES 329237 10- Jun -2009 LEASES AND RENTS 328800 27- May -2009 MATERIALS 329048 03- Jun -2009 MATERIALS 329049 03- Jun -2009 REBATE 09 6595 DRUMMOND 329239 10- Jun -2009 CEMETARY PLOT REFUND FAIRVIEW 328442 06- May -2009 TRAVEUMILEAGE 329238 10- Jun -2009 PETTY CASH 329050 03- Jun -2009 MAINTENANCE /REPAIRS 328443 06- May -2009 CONTRACT SERVICES 329051 03- Jun -2009 REIMBURSEMENT LANEWAY PORTI 329052 03- Jun -2009 TRAVEUMILEAGE JAN -MAY09 329241 10- Jun -2009 LEASES AND RENTS NIAGARA MED C Page 5 of 13 Amount 387.46 104.58 772.57 18.13 22.52 101.51 450.87 286.84 440.70 150.00 750.00 100.80 169.68 1,296.29 19,937.00 1,290.86 661.00 542.58 1,083.53 320.62 15.94 39,814.20 52.50 318.65 556.40 220.50 35.73 20.58 433.92 68.25 69.00 360.00 3,457.80 12,147.50 75.00 1,692.74 206.45 246.71 279.78 26.94 62.98 137.16 145.07 346.34 5,000.00 32.40 750.00 682.50 372.46 11,002.37 3,114.69 1,483.90 3,399.37 12,343.62 1,090.45 179.03 1,083.03 1,292.83 179.03 954.85 28.25 1,606.50 1,724.50 2,006.00 109.50 421.94 12,180.28 2,142.00 360.00 286.50 1,759.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HENLER INVEST LTD BELMER INVESTMENTS LTD HEYWOOD,GENEVIEVE JEANNE HISTORIC NIAGARA DEVELOPMENT INC HOCO LIMITED HOCO LIMITED HOLIDAY INN (NIAGARA FALLS) LIMITED HOLMAN,GEOFF HOLMAN,GEOFF HR SYSTEMS STRATEGIES INC HUDSON,JASON IGNITION AUDIO C/O PAUL GIGLIOTTI INDUSTRIAL SAFETY EQUIPMENT CO LTD INGLIS,JEREMY IOANNONI,CARMINE J &B J J MACKAY CANADA LTD J J MACKAY CANADA LTD JACKSON,CHRISTINE JACKSON,DAVE JACKSON,DAVE JACKSON,JEFFREY JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOHN STOUTH, KARGO PROPERTIES INC KEEN,ALLISON KELLY,MAUREEN KELLY STURM, KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENWORTH TORONTO LTD KIDD,KASSIDY KNIGHTS INN KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KUIPERS,JANET KYJORMAC INC. L CAMPBELL ASSOCIATES L WALTER SONS EXCAVATING (2008) LTD. LAFARGE CANADA INC LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LAMBERT,JIM LATOPLAST LTD LAURO,VINCENT LEVASSEUR,MATTHEW LIFESAVING SOCIETY LIGHTNING EQUIPMENT SALES LTD LINCOLN GRAPHICS INC. LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LOMASCOLO,LARRY LUCAS,PATRICIA M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY M S A CANADA M T B TRUCK BUS COLLISION M T B TRUCK BUS COLLISION M T B TRUCK BUS COLLISION MACCARONE,CARMEN MACDONALD,JOHN H. MACDONALD,JOHN H. MALLETT,TAYLOR MANPOWER MANZIANO,SALVATORE MAPLE LEAF COLLISION CENTRE MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC Cheque No. Cheque Date Purpose 329053 03- Jun -2009 REBATE 09 STAMFORD ST 329054 03- Jun -2009 REBATE 09 5074 VICTORIA 328801 27- May -2009 LEASES AND RENTS -ELGIN BLOCK 328802 27- May -2009 MAINTENANCE /REPAIRS- CLIFTON HII 329055 03- Jun -2009 CONTRACT SERVICES CLIFTON HILL 329056 03- Jun -2009 REBATE 09 5339 MURRAY 328562 13- May -2009 TRAVEUMILEAGE APRIL 2009 329057 03- Jun -2009 TRAVEUMILEAGE 329242 10- Jun -2009 SERVICES ANNUAL SUPPORT MAY 01 328803 27- May -2009 REIMBURSEMENT SAFETY BOOTS 2 329243 10- Jun -2009 SERVICES RECORDING /ATHENA FLA 329244 10- Jun -2009 SAFETY BOOTS -F WHITE /M RACEY/T 328444 06- May -2009 REFUND SAFETY BOOT PURCHASE A 328446 06- May -2009 TRAVEUMILEAGE MARCH /APRIL 09 329245 10- Jun -2009 COURIER 329061 03- Jun -2009 MAINTENANCE /REPAIRS 329248 10- Jun -2009 MATERIALS 329059 03- Jun -2009 TRAVEUMILEAGE MARCH 2009 328447 06- May -2009 TRAVEUMILEAGE 329246 10- Jun -2009 TRAVEUMILEAGE 329060 03- Jun -2009 TRAVEUMILEAGE MAY09 329247 10- Jun -2009 MAINTENANCE /REPAIRS 328807 27- May -2009 TRAVEUMILEAGE MAY09 328493 06- May -2009 REFUND 329062 03- Jun -2009 REFUND 328808 27- May -2009 SPORTS FOUNDATION AWARD WINN 328809 27- May -2009 SPORTS FOUNDATION AWARD WINN 328616 13- May -2009 REFUND 328448 06- May -2009 CONTRACT SERVICES 329249 10- Jun -2009 CONTRACT SERVICES 328810 27- May -2009 MATERIALS 328811 27- May -2009 SPORTS FOUNDATION AWARD WINN 329063 03- Jun -2009 REFUND 328563 13- May -2009 CONTRACT SERVICES 328812 27- May -2009 CONTRACT SERVICES 329250 10- Jun -2009 CONTRACT SERVICES 329251 10- Jun -2009 TRAVEUMILEAGE 329064 03- Jun -2009 REFUND 328814 27- May -2009 CONSULTING SERVICES 329070 03- Jun -2009 CONTRACT SERVICES 329065 03- Jun -2009 REFUND 328564 13- May -2009 MATERIALS 328813 27- May -2009 SERVICES 329252 10- Jun -2009 CONTRACT SERVICES 329253 10- Jun -2009 REFUND 5720 RECINE CRT. 328450 06- May -2009 MATERIALS 329066 03- Jun -2009 TRAVEUMILEAGE 328815 27- May -2009 SPORTS FOUNDATION AWARD WINN 328682 20- May -2009 MATERIALS 329068 03- Jun -2009 MATERIALS 328817 27- May -2009 ADVERTISING 328566 13- May -2009 FUEL 329069 03- Jun -2009 FUEL 329255 10- Jun -2009 REFUND 328683 20- May -2009 REFUND 328690 20- May -2009 MATERIALS 329083 03- Jun -2009 MATERIALS 329264 10- Jun -2009 MATERIALS 329267 10- Jun -2009 MATERIALS 328469 06- May -2009 CONTRACT SERVICES 328834 27- May -2009 CONTRACT SERVICES 329088 03- Jun -2009 CONTRACT SERVICES 329071 03- Jun -2009 REFUND 328452 06- May -2009 CONSULTING SERVICES 328684 20- May -2009 CONSULTING SERVICES 328685 20- May -2009 GRANT 328567 13- May -2009 ADMINISTRATIVE 329072 03- Jun -2009 REFUND 328568 13- May -2009 MATERIALS 328818 27- May -2009 MATERIALS 329257 10- Jun -2009 CONTRACT SERVICES Page 6 of 13 Amount 3,226.17 507.68 3,254.87 4,300.87 1,290.27 9,429.82 197.50 59.50 2,758.33 150.00 350.00 447.45 150.00 64.13 36.75 172.87 2,324.00 62.00 70.00 98.00 232.00 220.50 74.79 150.00 3,271.31 500.00 500.00 20.58 39,826.99 10,059.84 861.06 500.00 124.20 2,287.89 5,250.00 169.50 48.00 6,231.56 1,178.10 3,675.00 5,089.09 902.84 896.20 1,460.58 750.00 1,915.35 34.00 500.00 113.67 450.66 485.90 26,032.65 26,040.53 20.00 108.89 376.37 16,052.20 1,023.46 501.55 26,761.33 53,522.66 26,761.33 554.53 3,025.74 2,942.35 75.00 1,395.68 432.80 5,943.80 3,352.94 12,228.24 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MARJANOVIC,FRANJO& MARJANOVIC, ANDA MARTIN,BRAD MARTIN SHEPPARD FRASER LLP IN TRUST MARTY'S MENS WEAR MASSI,STEVE MATOVIC,ALEXANDER MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MAVES,DIANE MAZZONE,NICHOLAS& MAZZONE, SHIRLEY MCCAULEY,DON MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCLEOD SAVOIE AUTO AND TRUCK SERVICE LTD MCNAMARA,SUSAN MCNAMARA,SUSAN MEDCON MECHANICAL LTD MELYMUKA,ALYXANDRA MELYMUKA,AMANDA METRO COLLISION SERVICES INC METRO PLUMBING HEATING METRO PLUMBING HEATING MG PROMOTIONS MHPM PROJECT MANAGERS INC MIDE BISTRO MIGDALOS INVESTMENT LTD MINERVINI,DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE WELLAND SMALL CLAIMS COURT MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISTER CHEMICAL LTD. MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MONTICELLO GRILLE HOUSE AND WINE BAR MONTROSE REALTY ASSOCIATES CORPORATION MOODIE S BAKERY MOROCCO,JOHN MOROCCO,JOHN MORRISSEY,DENYSE MORSE SON LIMITED MORTON,DALE MR QUICK SOFT CLOTH MR. APPLIANCE MURDACA,JOSEPH MUSSARI,TOM N Y STYLE DELI Cheque No. Cheque Date 329178 04- Jun -2009 328819 27- May -2009 329258 10- Jun -2009 328686 20- May -2009 329073 03- Jun -2009 328820 27- May -2009 328453 06- May -2009 329074 03- Jun -2009 328454 06- May -2009 329259 10- Jun -2009 329075 03- Jun -2009 329076 03- Jun -2009 328455 06- May -2009 329260 10- Jun -2009 329261 10- Jun -2009 328456 06- May -2009 329262 10- Jun -2009 329077 03- Jun -2009 328822 27- May -2009 328823 27- May -2009 328824 27- May -2009 328570 13- May -2009 328825 27- May -2009 328571 13- May -2009 328826 27- May -2009 328457 06- May -2009 329078 03- Jun -2009 328458 06- May -2009 329079 03- Jun -2009 328460 06- May -2009 328461 06- May -2009 328462 06- May -2009 328573 13- May -2009 328828 27- May -2009 328829 27- May -2009 328830 27- May -2009 329081 03- Jun -2009 328574 13- May -2009 328510 06- May -2009 328632 13- May -2009 328733 20- May -2009 328904 27- May -2009 329165 03- Jun -2009 329326 10- Jun -2009 329082 03- Jun -2009 328459 06- May -2009 328572 13- May -2009 328689 20- May -2009 328827 27- May -2009 329080 03- Jun -2009 329263 10- Jun -2009 328463 06- May -2009 328464 06- May -2009 329084 03- Jun -2009 328465 06- May -2009 328466 06- May -2009 328832 27- May -2009 328831 27- May -2009 329265 10- Jun -2009 329085. 03- Jun -2009 328467 06- May -2009 328691 20- May -2009 329086 03- Jun -2009 328468 06- May -2009 329087 03- Jun -2009 328692 20- May -2009 328833 27- May -2009 329266 10- Jun -2009 328835 27- May -2009 329268 10- Jun -2009 328584 13- May -2009 Purpose GRANT CIP GRANT 2009 SPORTS FOUNDATION AWARD WINN CONSULTING SERVICES MATERIALS REFUND SPORTS FOUNDATION AWARD WINN GRANT CONSULTING SERVICES TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE CONTRACT SERVICES SPORTS FOUNDATION AWARD WINN SPORTS FOUNDATION AWARD WINN CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONSULTING SERVICES MATERIALS REFUND TRAVEUMILEAGE TRAVEUMILEAGE PAYROLL REMITTANCE- CITY/TRANSI" PAYROLL REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PST MAY 01 -31/09 REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE COUNCIL DINNER REFUND MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MAY09 TRAVEUMILEAGE REFUND REFUND SERVICES SERVICES SPORTS FOUNDATION AWARD WINN PETTY CASH MATERIALS Page 7 of 13 Amount 10,000.00 500.00 4,500.00 180.97 146.89 500.00 50.00 3,083.72 78.00 108.00 407.19 1,591.17 96.00 108.00 5,916.65 96.00 102.00 999.23 500.00 500.00 2,397.68 26,130.07 21,711.03 1,128.87 184,638.96 50.85 451.08 218.00 197.50 73,899.61 5,441.71 325.29 9,257.65 56,240.70 3,626.05 59.13 216.92 1,430.00 100.00 100.00 100.00 100.00 100.00 100.00 8,893.50 740.72 1,859.94 740.72 1,859.94 740.72 1,785.85 259.14 86.54 406.18 109.00 2,459.62 377.56 1,877.42 339.00 8,893.26 25.00 158.00 158.50 120.00 545.56 126.33 94.50 67.80 500.00 256.29 231.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name N.S.M FABRICATING LIMITED NEW WAY MARKET (NIAGARA FALLS) LTD NIAGARA BATTERY TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT ART ASSOCIATION NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS INTERNATIONAL MARATHON NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS BADMINTON TENNIS LAWN BOWLING CLUB NIAGARA FALLS CONCERT BAND NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS PEEWEE A HOCKEY TEAM NIAGARA FALLS SOCCER CLUB INC NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA INFLATABLES GAMES INC NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA 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 SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA UNITED ENTERPRISE LTD NIAGARA UNITED SOCCER CLUB NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NIELSEN'S MAINTENANCE (1999) LTD NISUS CONSTRUCTION LTD NORRIS,STEVE NORSTAN RESORTS INC OACA OATLEY,SHAWN OATLEY,SHAWN OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OMERS OMERS OMERS OMERS OMFPOA NIAGARA CHAPTER ON THE AIR NETWORKS Cheque No. 328698 329089 329090 329091 328836 328837 329092 329182 329093 328470 328576 328841 328842 329271 328838 329180 329181 328575 328839 329269 329183 328694 328840 328473 329184 328577 328695 328918 328844 329272 328845 328846 329094 328474 328475 328578 328579 328580 328581 328696 328697 328847 328848 329095 329096 329097 329273 329274 329275 328849 329098 328850 328693 328476 328582 329276 329277 329099 328699 328477 329279 328585 328700 328852 329280 328587 328588 329281 329282 328853 329283 Cheque Date Purpose 20- May -2009 SERVICES 03- Jun -2009 REFUND 03- Jun -2009 CONTRACT SERVICES 03- Jun -2009 MATERIALS 27- May -2009 GRANT 27- May -2009 ADVERTISING 03- Jun -2009 GRANT 05- Jun -2009 GRANT 03- Jun -2009 MEMBERSHIP 06- May -2009 MATERIALS 13- May -2009 PAYROLL REMITTANCE 27- May -2009 PAYROLL REMITTANCE 27- May -2009 PAYROLL REMITTANCE 10- Jun -2009 PAYROLL REMITTANCE 27- May -2009 GRANT 05- Jun -2009 GRANT 05- Jun -2009 GRANT 13- May -2009 REMITTANCE 27- May -2009 CONTRACT SERVICES 10- Jun -2009 REMITTANCE 05- Jun -2009 GRANT 20- May -2009 GRANT 27- May -2009 SPORTS FOUNDATION AWARD WINN 06- May -2009 GRANT 05- Jun -2009 GRANT 13- May -2009 GRANT 20- May -2009 ADMINISTRATIVE 28- May -2009 GRANT 27- May -2009 ADMINISTRATIVE 10- Jun -2009 MATERIALS 27- May -2009 ADMINISTRATIVE 27- May -2009 UTILITIES 03- Jun -2009 CONTRACT SERVICES 06- May -2009 WATER ARREARS MAY 5/09 06- May -2009 UTILITIES 13- May -2009 REFUND 13- May -2009 REFUND: WATER OVERPAYMENT (TE 13- May -2009 UTILITIES 13- May -2009 UTILITIES 20- May -2009 REMITTANCE -WATER ARREARS MAY 20- May -2009 UTILITIES 27- May -2009 REMITTANCE -WATER ARREARS MAY 27- May -2009 UTILITIES 03- Jun -2009 CONTRACT SERVICES -PROJ 2008 -00: 03- Jun -2009 REMITTANCE -WATER ARREARS 03- Jun -2009 UTILITIES 10- Jun -2009 REMITTANCE -WATER ARREARS JUNI 10- Jun -2009 UTILITIES 10- Jun -2009 SERVICES 27- May -2009 ADVERTISING 03- Jun -2009 REFUND 27- May -2009 SPORTS FOUNDATION AWARD WINN 20- May -2009 SERVICES 06- May -2009 SERVICES 13- May -2009 MATERIALS 10- Jun -2009 CONTRACT SERVICES 10- Jun -2009 TRAVEUMILEAGE 03- Jun -2009 REFUND 20- May -2009 ADMINISTRATIVE 06- May -2009 TRAVEUMILEAGE 10- Jun -2009 TRAVEUMILEAGE 13- May -2009 SERVICES 20- May -2009 MATERIALS 27- May -2009 MATERIALS 10- Jun -2009 CONTRACT SERVICES 13- May -2009 PAYROLL REMITTANCE 13- May -2009 PAYROLL REMITTANCE 10- Jun -2009 PAYROLL REMITTANCE CITY 10- Jun -2009 PAYROLL REMITTANCE LIBRARY 27- May -2009 REMITTANCE 10- Jun -2009 CONTRACT SERVICES Page 8 of 13 Amount 2,373.00 1,190.07 3,776.96 135.79 34,369.00 462.55 4,912.00 720.00 36,050.00 30,000.00 6,571.52 6,063.91 6,571.52 6,571.52 1,416.67 4,000.00 3,600.00 215.00 37,711.83 40.00 3,600.00 495.00 500.00 160.00 13,500.00 100,000.00 577.50 30,000.00 45.00 528.84 594.60 50.82 2,650.00 15,856.63 2,022.76 276.83 1,556.99 6,258.58 848.68 14,458.90 6,876.69 6,504.14 60,854.56 109,062.00 10,423.10 69,790.07 4,693.27 2,818.24 1,923.26 2,174.55 5,368.63 2,500.00 59.80 463.33 7,129.51 1,414.88 46.00 10,774.32 1,830.00 14.00 19.00 3,091.97 8.40 8.40 3,042.56 544,696.70 33,980.12 394,602.56 22,582.20 600.00 3,158.35 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO REALTY CORPORATION OPTIMIST CLUB OSPREY CLASSIFIED NETWORK PAGENET OF CANADA INC PAGENET OF CANADA INC PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PARK AUTO BODY SALES SERVICE (NIAGARA) LIMITED PARKSMART INC PARTY CONNECTION PAUL EMILE NOLAN, PEAK TECHNOLOGIES CANADA PEC ROOF MAINTENANCE PEEK,ERYN PENINSULA BROILERS LTD C/O LOU FIORENTINO PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENTACRON INVESTMENTS LIMITED PERRI,PASQUALE PERRI -MED PHAM,GIANG PHELPS,GREG PHILIPS ENGINEERING PHILIPS ENGINEERING PHOENIX FOUNDRY PTY LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINEWOOD HOMES (NIAGARA) LTD PINEWOOD HOMES (NIAGARA) LTD PINGUE,FELIX PITNEY WORKS POPPA CORN CORP PORT DRUMMOND LTD POSTAGE BY PHONE POTTS,JESSICA PRATA,GUY PRAXAIR PRAXAIR PROJECT SHARE PROSECUTORS ASSOCIATION OF ONTARIO PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUALITY LASER ENGRAVING INC QUARANTA,SARAH QUIZNOS SUB R D CONSTRUCTION (NIAGARA) LTD R W HOIST REPAIRS LTD RACO AUTO SUPPLY LTD RAG RENTALS LIMITED RAINBOW GREENHOUSES LTD RAYMOND,CHRISTOPHER RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL Cheque No. Cheque Date Purpose 328478 06- May -2009 ADMINISTRATIVE 329179 04- Jun -2009 REMITTANCE WARREN CREEK WES1 328589 13- May -2009 MATERIALS 329101 03- Jun -2009 REFUND 328479 06- May -2009 SERVICES 329285 10- Jun -2009 CONTRACT SERVICES 329102 03- Jun -2009 REFUND 329103 03- Jun -2009 REFUND 328590 13- May -2009 MATERIALS 329286 10- Jun -2009 MATERIALS 328583 13- May -2009 REFUND 328854 27- May -2009 CONTRACT SERVICES 329104 03- Jun -2009 CONTRACT SERVICES 328855 27- May -2009 SPORTS FOUNDATION AWARD WINN 329105 03- Jun -2009 REFUND 328481 06- May -2009 CONTRACT SERVICES 328857 27- May -2009 CONTRACT SERVICES 328480 06- May -2009 SUPPLIES 328591 13- May -2009 CONTRACT SERVICES 328701 20- May -2009 CONTRACT SERVICES 328856 27- May -2009 MATERIALS 329287 10- Jun -2009 MATERIALS 329106 03- Jun -2009 REFUND 329107 03- Jun -2009 REFUND 328593 13- May -2009 CONTRACT SERVICES 329108 03- Jun -2009 REFUND 328858 27- May -2009 SPORTS FOUNDATION AWARD WINN 328482 06- May -2009 CONTRACT SERVICES 329109 03- Jun -2009 CONTRACT SERVICES 329110 03- Jun -2009 MATERIALS 328702 20- May -2009 CONTRACT SERVICES 329111 03- Jun -2009 CONTRACT SERVICES 328483 06- May -2009 REFUND PERMIT REFUND 6638 FLO 328594 13- May -2009 REFUND 328859 27- May -2009 GRANT 328919 28- May -2009 ADMINISTRATIVE 328596 13- May -2009 MATERIALS 329112 03- Jun -2009 REFUND 328703 20- May -2009 MATERIALS 328484 06- May -2009 TRAVEL/MILEAGE 328597 13- May -2009 TRAVEL/MILEAGE 328704 20- May -2009 CONTRACT SERVICES 328861 27- May -2009 CONTRACT SERVICES 328862 27- May -2009 GRANT 329288 10- Jun -2009 ADMINISTRATIVE 328637 14- May -2009 CONTRACT SERVICES CONTRACT 2 328863 27- May -2009 CONTRACT 2006 165 -06 PARK ST UNI 329113 03- Jun -2009 CONTRACT SERVICES 328485 06- May -2009 COURIER 328600 13- May -2009 COURIER 328706 20- May -2009 COURIER 328864 27- May -2009 COURIER 329114 03- Jun -2009 COURIER 329289 10- Jun -2009 COURIER 329115 03- Jun -2009 REFUND 328865 27- May -2009 SPORTS FOUNDATION AWARD WINN 329116 03- Jun -2009 MATERIALS 329290 10- Jun -2009 CONTRACT SERVICES 329129 03- Jun -2009 MATERIALS 328866 27- May -2009 MATERIALS 329117 03- Jun -2009 REFUND 329118 03- Jun -2009 MATERIALS 329119 03- Jun -2009 REFUND 328867 27- May -2009 REMITTANCE 328601 13- May -2009 REMITTANCE 328486 06- May -2009 PAYROLL REMITTANCE 328487 06- May -2009 PAYROLL REMITTANCE 328602 13- May -2009 PAYROLL REMITTANCE 328707 20- May -2009 PAYROLL REMITTANCE 328868 27- May -2009 PAYROLL REMITTANCE 329120 03- Jun -2009 PAYROLL REMITTANCE Page 9 of 13 Amount 892.50 92,662.50 5,863.69 1,534.92 34.32 34.32 890.66 482.39 8,294.20 320.37 750.00 1,850.04 609.82 500.00 4,001.86 214.20 31.50 60.00 205.00 145.00 85.00 345.00 5,157.88 300.00 1,079.82 201.80 500.00 2,121.01 121.28 969.88 8,652.00 3,748.50 358.29 332.02 20,000.00 168.59 28.29 2,663.51 21,000.00 306.50 27.50 68.61 493.75 26,675.00 14.00 5,250.00 5,250.00 83,227.91 38.70 50.37 47.99 81.03 131.99 196.08 507.96 500.00 380.71 6,531.53 3,092.14 1,026.07 2,445.55 84.08 750.00 1,384.35 8,526.00 95,096.90 190.07 377,172.81 102,863.65 400,532.28 95,494.12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RECEIVER GENERAL RECREATIONAL MINOR HOCKEY ASSOCIATION REGIONAL APPRAISALS INC. 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 MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL NIAGARA FIRE BUFFS RHODEN,SYREETA RICHARDSON,MARK RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RITCHIE,L RIVER REALTY DEVELOPMENT (1976) INC ROBERTS,WAYNE ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROOTES,BRAD ROUPAS,ELLEN RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RUDAN EXPORT IMPORT LTD SACCO,SAVERIO& SACCO, PAULINE SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY TODAY SAFETY TODAY SAFETY TODAY SALCI,TED SALCI,TED SAM WEST, SARENA PROPERTIES LTD SCALZO,ANTONIO SCALZO,FRANK SCHENCK,PETER RODNEY SCOTIABANK VISA SCOTIABANK VISA SCOTIABANK VISA SCOTT CONSTRUCTION SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER OF NIAGARA SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SIDOFF,ROBERT SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 SLOAN,GARY SMITH,LEE SOBHI,ELSAWAF SOMERVILLE,ANDREW SPEARE SEEDS SPEARE SEEDS ST JOHN AMBULANCE WATER PATROL Cheque No. Cheque Date Purpose 329291 10- Jun -2009 PAYROLL REMITTANCE 328603 13- May -2009 MATERIALS 329122 03- Jun -2009 CONSULTING SERVICES 328488 06- May -2009 CONTRACT SERVICES 328638 14- May -2009 CONTRACT SERVICES 328639 14- May -2009 SERVICES 328641 14- May -2009 DEVELOPMENT CHARGES JAN, FEB, 328708 20- May -2009 MATERIALS 328869 27- May -2009 MATERIALS 329121 03- Jun -2009 CONSULTING SERVICES 329292 10- Jun -2009 MATERIALS WIRE 04- May -2009 SIGNAL BILLING WIRE 04- May -2009 MARCH WATER WIRE 19- May -2009 2ND QUARTER TAX LEVY WIRE 20- May -2009 JAN -MAR WASTE COLLECTION WIRE 22- May -2009 APR -JUN WASTE COLLECTION WIRE 29- May -2009 APR WATER 329293 10- Jun -2009 MATERIALS 328870 27- May -2009 SPORTS FOUNDATION AWARD WINN 328709 20- May -2009 TRAVEUMILEAGE 329123 03- Jun -2009 CONSULTING SERVICES 329124 03- Jun -2009 REFUND SAFETY BOOTS 329125 03- Jun -2009 REFUND 329294 10- Jun -2009 REFUND SERVICE DEPOSIT 8312 V 328489 06- May -2009 SERVICES 328710 20- May -2009 SERVICES 328871 27- May -2009 CONTRACT SERVICES 329126 03- Jun -2009 SERVICES 328872 27- May -2009 SPORTS FOUNDATION AWARD WINN 328711 20- May -2009 TRAVEUMILEAGE 328606 13- May -2009 REFUND APPRAISAL FEE 329127 03- Jun -2009 REFUND 329128 03- Jun -2009 REFUND 329130 03- Jun -2009 REFUND 329296 10- Jun -2009 CONTRACT SERVICES NEW SIDEW/ 329131 03- Jun -2009 MATERIALS 328873 27- May -2009 MATERIALS 328874 27- May -2009 MATERIALS 329132 03- Jun -2009 CONTRACT SERVICES 329297 10- Jun -2009 MATERIALS 328875 27- May -2009 TRAVEL /MILEAGE 329298 10- Jun -2009 TRAVEUMILEAGE 328512 06- May -2009 REFUND 329299 10- Jun -2009 REFUND 5067 VICTORIA AVE 328607 13- May -2009 REFUND 329300 10- Jun -2009 REFUND SERVICE DEPOSIT 5721 F 329133 03- Jun -2009 REFUND 328419 06- May -2009 MATERIALS 328771 27- May -2009 MATERIALS 328995 03- Jun -2009 MATERIALS 328608 13- May -2009 CONTRACT SERVICES 328609 13- May -2009 CONTRACT SERVICES 328877 27- May -2009 CONTRACT SERVICES 328876 27- May -2009 CONTRACT SERVICES 328713 20- May -2009 MATERIALS 328878 27- May -2009 MATERIALS 328879 27- May -2009 CONTRACT SERVICES 329135 03- Jun -2009 REFUND 328610 13- May -2009 MATERIALS 329136 03- Jun -2009 MATERIALS 329137 03- Jun -2009 MATERIALS 328880 27- May -2009 CONTRACT SERVICES 329138 03- Jun -2009 CONTRACT SERVICES 328611 13- May -2009 CONTRACT SERVICES 329301 10- Jun -2009 REFUND DAMAGE DEPOSIT 328613 13- May -2009 PETTY CASH 329139 03- Jun -2009 REFUND 328881 27- May -2009 SPORTS FOUNDATION AWARD WINN 328614 13- May -2009 MATERIALS 329302 10- Jun -2009 MATERIALS 328884 27- May -2009 GRANT Page 10 of 13 Amount 366,042.12 290.00 4,882.50 7,087.50 9,788.26 1,100.00 44,914.55 44.82 10,036.40 11,911.33 21,289.17 314,063.96 1,762,821.78 15,015,591.00 1,612,504.71 1,612,504.71 1,760,779.44 114.68 500.00 123.50 3,284.61 150.00 5,791.50 750.00 977.07 1,263.37 1,546.94 298.04 500.00 260.68 2,500.00 61,206.29 3,758.98 485.82 25,514.11 1,559.40 5,063.98 797.33 609.06 411.19 1,155.00 1,155.00 150.00 750.00 25.00 750.00 1 0,769.48 205,003.90 232,077.02 203,636.29 3,832.30 231.00 1,277.25 6,705.15 2,295.79 106.78 71.66 1,180.77 472.34 14,877.45 68.93 5,333.01 2,929.63 100.00 750.00 249.88 229.19 500.00 1,661.10 2,635.73 2,616.67 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ST SAGA HOLDINGS INC STAMFORD HOME HARDWARE STAMFORD HORNETS VARSITY FOOTBALL TEAM STAMFORD LIONS CLUB INC STAMFORD VOLUNTEER FIREMAN'S ASSOCIATION STANTEC CONSULTING STAR COLLISION SERVICE STEED EVANS LIMITED STEIER,PATRICK COSMO STEVENSVILLE LAWN SERVICE INC STITCH IT STITCH IT STORAGE NIAGARA STRATEGY CORP STREAMLINE STREAMLINE STREAMLINE STREAMLINE STUART,DAVE SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD T C HOLDINGS LIMITED TALK WIRELESS INC TAYLORS WATER SERVICE TAYLORS WATER SERVICE TD CANADA TRUST 5172 TECHSTAR PLASTICS INC. TEIBERT,GEORGE TEIBERT,RUSSELL TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC TERRA NIAGARA INC. THATCHER,TANNIS THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THE SENIORS REVIEW THERMAPAN INDUSTRIES INC. THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THOMSON,TYLER THOROWEST PLAZA LTD THYSSENKRUPP ELEVATOR TICKET TRACER CORPORATION TIDD,DEREK TIM HORTONS STORE #30 TIM HORTONS STORE #30 TOROMONT TOTH,STEVE TOTH,STEVE Cheque No. Cheque Date Purpose 329142 03- Jun -2009 REFUND 328491 06- May -2009 MATERIALS 328882 27- May -2009 SPORTS FOUNDATION AWARD WINN 329185 05- Jun -2009 GRANT 328741 21- May -2009 MAINTENANCE /REPAIRS ANNUAL Fl US draft 04- Jun -2009 PEOPLE MOVER PROJECT 329175 03- Jun -2009 CONTRACT SERVICES 329303 10- Jun -2009 CONTRACT #2007 158 -05 VICTORIA A 328883 27- May -2009 SPORTS FOUNDATION AWARD WINN 329304 10- Jun -2009 MATERIALS 328492 06- May -2009 SERVICES 329305 10- Jun -2009 SERVICES 329306 10- Jun -2009 CONTRACT SERVICES 328885 27- May -2009 SERVICES 328494 06- May -2009 MAINTENANCE /REPAIRS 328716 20- May -2009 MATERIALS 329141 03- Jun -2009 SERVICES 329307 10- Jun -2009 SERVICES 329143 03- Jun -2009 PETTY CASH REPLENISHMENT MAY 328886 27- May -2009 CONSULTING SERVICES 328496 06- May -2009 ADMINISTRATIVE 328717 20- May -2009 ADMINISTRATIVE 328888 27- May -2009 ADMINISTRATIVE 328495 06- May -2009 FUEL 328887 27- May -2009 FUEL 329144 03- Jun -2009 FUEL 329308 10- Jun -2009 FUEL 328617 13- May -2009 MATERIALS 329145 03- Jun -2009 REFUND 328618 13- May -2009 SERVICES 328619 13- May -2009 MATERIALS 329310 10- Jun -2009 MATERIALS 328620 13- May -2009 REFUND 329311 10- Jun -2009 MATERIALS 329146 03- Jun -2009 REFUND SAFETY BOOTS 328889 27- May -2009 SPORTS FOUNDATION AWARD WINN 328718 20- May -2009 SERVICES 328500 06- May -2009 SUPPLIES 328621 13- May -2009 CONTRACT SERVICES 328719 20- May -2009 MATERIALS 328720 20- May -2009 SERVICES 328890 27- May -2009 SERVICES 328501 06- May -2009 CONTRACT SERVICES 328721 20- May -2009 SERVICES 329312 10- Jun -2009 CONTRACT SERVICES 328502 06- May -2009 REMITTANCE 329147 03- Jun -2009 REFUND 328722 20- May -2009 GRANT 329148 03- Jun -2009 MATERIALS 328503 06- May -2009 MATERIALS 328622 13- May -2009 SUPPLIES 328723 20- May -2009 MATERIALS 328891 27- May -2009 MATERIALS 329149 03- Jun -2009 MATERIALS 329313 10- Jun -2009 CONTRACT SERVICES 328724 20- May -2009 SUBSCRIPTION 328892 27- May -2009 ADVERTISING 329151 03- Jun -2009 ADVERTISING 329150 03- Jun -2009 REFUND 6144 CORWIN CRES. 328623 13- May -2009 CONTRACT SERVICES 328893 27- May -2009 CONTRACT SERVICES 328894 27- May -2009 SPORTS FOUNDATION AWARD WINN 329152 03- Jun -2009 REFUND 328725 20- May -2009 CONTRACT SERVICES 329153 03- Jun -2009 CONTRACT SERVICES 328895 27- May -2009 ADMINISTRATIVE 328726 20- May -2009 MATERIALS 329314 10- Jun -2009 MATERIALS 329315 10- Jun -2009 MATERIALS 328504 06- May -2009 TRAVEUMILEAGE 329155 03- Jun -2009 TRAVEUMILEAGE Page 11 of 13 Amount 1,639.88 58.09 500.00 8,800.00 15,200.00 19,486.00 1,776.25 5,250.00 500.00 4,672.50 635.42 62.03 336.76 7,941.68 904.00 576.30 96.05 254.25 535.50 83.53 151.12 443.20 291,547.77 930.22 61,329.99 20,323.33 1,276.15 733.45 4,745.61 795.17 50.00 50.00 70.04 1,949.25 150.00 500.00 2,273.44 71.16 253.66 331.03 9,751.80 135.58 135.60 678.00 1,350.12 10,000.00 8,154.15 75.00 156.94 19.78 16.95 135.60 292.39 98.88 535.92 241.56 8,351.48 420.00 750.00 571.20 7,433.65 500.00 3,659.08 268.80 12,430.00 1,500.00 63.21 66.72 12,298.76 234.50 397.89 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRAPASSO,JUDY TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TWARDAWSKY,NICK UAP INC #963 UAP INC #963 UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UNIVERSITY OF WESTERN ONTARIO UPS CANADA URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VACHON,TYLER VANBOTS CONSTRUCTION VECTOR TOOLING VIG,WAYNE VILLAGE OF CHIPPAWA CITIZEN S COMMITTEE VIRGIL FROST, VOKEY,JEROMEY VUKSAN,RANKO& VUKSAN, DUSAN WADES BINDERY REPAIR SERVICE LTD. WAKUNICK,JAMES WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WASHINGTON MILLS ELECTRO MINERALS CORP WASTE MANAGEMENT WATSON ASSOCIATES ECONOMISTS LTD WATSON ASSOCIATES ECONOMISTS LTD WEIR FOULDS WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WESTBURNE /RUDDY WESTBURNE /RUDDY WHEELER,SUE WHITE,DAVID WILSON BANWELL HUMAN SOLUTIONS WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB COLLECTIONS BRANCH WYLIE,BRENDA YANAVIRIYAJAN,PHRA Cheque No. Cheque Date Purpose 328624 13- May -2009 CONSULTING SERVICES 328625 13- May -2009 CONTRACT SERVICES 328896 27- May -2009 MATERIALS 329156 03- Jun -2009 MATERIALS 329317 10- Jun -2009 MATERIALS 329157 03- Jun -2009 REFUND 328626 13- May -2009 MATERIALS 328897 27- May -2009 MATERIALS 329318 10- Jun -2009 MATERIALS 328505 06- May -2009 TRAVEUMILEAGE 329319 10- Jun -2009 TRAVEL /MILEAGE 328506 06- May -2009 MATERIALS 328898 27- May -2009 MATERIALS 329320 10- Jun -2009 MATERIALS 328899 27- May -2009 PAYROLL REMITTANCE 329321 10- Jun -2009 ADMINISTRATIVE 329158 03- Jun -2009 COURIER 328628 13- May -2009 CONSULTING SERVICES 328900 27- May -2009 CONTRACT SERVICES 329159 03- Jun -2009 CONSULTING SERVICES 329323 10- Jun -2009 CONTRACT SERVICES REMAINING H' 328901 27- May -2009 SPORTS FOUNDATION AWARD WINN 329322 10- Jun -2009 HONOURARIUM RE NC &CC 328629 13- May -2009 MATERIALS 328727 20- May -2009 TRAVEL /MILEAGE 329186 05- Jun -2009 GRANT 328555 13- May -2009 REFUND 329160 03- Jun -2009 REFUND 329161 03- Jun -2009 REFUND 328728 20- May -2009 SERVICES 328729 20- May -2009 REFUND 329325 10- Jun -2009 CONTRACT SERVICES 328507 06- May -2009 MATERIALS 328630 13- May -2009 MATERIALS 328730 20- May -2009 MATERIALS 328902 27- May -2009 MATERIALS 329162 03- Jun -2009 MATERIALS 329324 10- Jun -2009 MATERIALS 329163 03- Jun -2009 REFUND 328731 20- May -2009 CONTRACT SERVICES 328509 06- May -2009 CONTRACT SERVICES 329164 03- Jun -2009 CONSULTING SERVICES 328631 13- May -2009 CONSULTING SERVICES 328732 20- May -2009 SERVICES 328511 06- May -2009 MATERIALS 328633 13- May -2009 MATERIALS 328905 27- May -2009 STORES /INVENTORY 328513 06- May -2009 MATERIALS 328734 20- May -2009 MATERIALS 328906 27- May -2009 MATERIALS 329327 10- Jun -2009 MATERIALS 329166 03- Jun -2009 TRAVEUMILEAGE 328735 20- May -2009 REFUND 328907 27- May -2009 ADMINISTRATIVE 328908 27- May -2009 CONTRACT SERVICES 328909 27- May -2009 GRANT 328910 27- May -2009 GRANT 329167 03- Jun -2009 CONTRACT SERVICES 328400 01- May -2009 ADMINISTRATIVE 328634 13- May -2009 ADMINISTRATIVE 328635 13- May -2009 PAYROLL REMITTANCE 328636 13- May -2009 PAYROLL REMITTANCE 328736 20- May -2009 ADMINISTRATIVE 328742 26- May -2009 ADMINISTRATIVE 329168 03- Jun -2009 ADMINISTRATIVE 329328 10- Jun -2009 ADMINISTRATIVE 329329 10- Jun -2009 PAYROLL REMITTANCE LIBRARY 329330 10- Jun -2009 PAYROLL REMITTANCE- MUSEUMS 328911 27- May -2009 REMITTANCE RE: 08001233700 328912 27- May -2009 PETTY CASH 329169 03- Jun -2009 REFUND Page 12 of 13 Amount 9,704.63 2,079.00 412.89 123.70 139.67 2,583.90 443.68 501.86 457.03 131.00 168.00 67.47 1,246.65 875.75 1,155.00 632.50 5.96 25,246.82 14,400.76 9,193.37 3,000.00 500.00 52,500.00 78.75 73.03 900.00 15.00 150.00 427.93 271.20 150.00 482.47 926.51 3,335.31 10,338.29 2,785.40 11,360.95 6,387.26 2,302.90 82.88 9,798.60 835.01 2,600.33 73.45 22.58 9.04 621.05 474.60 2,135.76 277.19 52.55 43.00 94.90 297.53 65.00 28,500.00 1,791.67 3,650.00 59,471.88 40,071.15 892.99 127.90 8,400.27 78,106.00 5,492.41 55,737.25 595.13 92.37 33,609.34 678.30 611.79 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES ZAMBONI COMPANY LTD ZARLENGA,FRANCO ZARLENGA,NICOLETTA ZAVITZ,SHERMAN ZEIDLER PARTNERSHIP ZEIDLER PARTNERSHIP ZERO GRAVITY CIRCUS PRODUCTIONS INC Cheque No. Cheque Date 328737 20- May -2009 328913 27- May -2009 328738 20- May -2009 328739 20- May -2009 328914 27- May -2009 329170 03- Jun -2009 329331 10- Jun -2009 328915 27- May -2009 329171 03- Jun -2009 329173 03- Jun -2009 329172 03- Jun -2009 328916 27- May -2009 329174 03- Jun -2009 329332 10- Jun -2009 329176 03- Jun -2009 Purpose MATERIALS MAINTENANCE/REPAIRS ADVERTISING CONTRACT SERVICES UTILITIES CONTRACT SERVICES MATERIALS GRANT MATERIALS REFUND REFUND ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES -NC &CC CONTRACT SERVICES Page 13 of 13 Amount 885.03 143.85 45.94 4,630.16 5,596.98 1,478.86 685.91 4,730.25 1,847.15 455.62 744.08 1,500.00 5,714.42 33,752.25 500.00 Total 33,906,967.52 June 29, 2009 MW- 2009 -43 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -43 Historic Drummondville CIP Area Consultant Appointments RECOMMENDATION: That the Mayor and Clerk be authorized to execute the required Consultant Services Agreements with Kerry T. Howe Ltd. and Harp Engineering and Design Inc. at the respective upset limits set out in this report. BACKGROUND: Niag araf CANADA At its meeting on March 23, 2009 City Council approved the recommendations in report MW- 2009 -12 directing staff to advance the consultant selection process to complete the proposed streetscaping and infrastructure improvement works in the Historic Drummondville CIP Area. Engineering Design works on the Ferry Street portion are currently underway utilizing in- house staff resources however, in order to achieve the recommended implementation schedule, staff requires additional Engineering resources in order to complete the required design for the proposed works. Additional resources are required to complete the following tasks; Street lighting and Electrical design for Ferry Street and Main Street (In -house staff does not possess the necessary expertise). Harp Engineering and Design Inc. were requested to provide a proposal for Engineering Services (copy attached). Survey, Base Plan Preparation and Municipal Servicing Design for Main Street (due to workload commitments on in -house staff). Kerry T. Howe Engineering Limited were requested to provide a Proposals for Engineering Services (copies attached) for each of Main Street and=Lundy's Lane. Working Together to Serve Our Community Community Services Department Municipal Works June 29, 2009 2 MW- 2009 -43 Financial Impact of Expenditures Approved in 2009 Capital Budget. Project: Ferry Street Main Street to Stanley Avenue Engineering Services Proposal $42,000 Budgeted Amount $25,000 Shortfall ($17,000) Main Street Ferry Street to Robinson Street Engineering Services Proposal $32,200 Budgeted Amount $20,000 Shortfall ($12,200) There proposed fees represent only one part of the overall project and further expenditures are anticipated. The projected budget shortfalls for engineering services represent Tess than 1% of the overall budget amount for the projects. It is anticipated that these costs overruns can be funded from cost savings achieved from lower than expected construction tender prices. In order to advance the project to tender stage the engineering work needs to be completed. Approved by: Recommended by: Respectfully submitted: Geoff Holma Ed Dujlovic, E tive Director of Community Services tor of Municipal Works Ken Todd, Chief Administrative Officer K. Schachowskoj Attach: S: \REPORTS \2009 \MW 2009 -43 Historic Drummondville CIP Area Consultant Appointments.wpd March 2 2009 His WorshipMayorTed Sale' and Members"cof the Municipal Council City of ;Niagara Falls, "Ontario M.emb'ers Niagarafl CnNAnn Re, MW-2009-12 Historic DrurnmondvillerCIP Area Caplta[ Works improvement Program Funding RECOMMENDATION. MW- 2009. -12 The recommendations) contained in this report were adopted by City Council That the En staff be authorized to invite proposals for Consulting Engineering services to complete Engineering Design Phase of this program in order to achieve the approved' Implementation schedule. BACKGFWUND: Council has previously approved an extensive plan of proposed Streetscaping and Infrastructure improvement works within the Historic Drummondville CIP Area The proposed works are :detailed rn Report PD-2008-89, dated November 3, 2008 (copy attached). The report also ;detailed a proposed Implementation; scheme for the work order to achieve the objectives of the.,Main"& Ferry BIA.as iit :pertains to the observances ofthe War of" 18122 Bicentennial <in 2012: The proposed Capital Works on' Ferry Street (Main Street to Stanley Avenue) were included in the previous Capital Budg program for 2009 but both the Capital Works projects- on Main Street (Ferry Street to'Robinson Street) and Lundys Lane (from Main Street to Drummond Road) are new additions to the proposed Capita! Works program. Engineering Design works on the 'Ferry Street portion are currently underway utilizing in- house staff resources however, in order to achieve the previously recommended implementation ;schedule, staff requires "additional Engineering resources in order to completethe required design for the proposed works. Staff is recommending 'the retention of- outside Consulting Services to provide additional resources:to address timing and specialized expertise requirements to meet the implementation schedule. 310Queen; treet,PO Box 1023, Niagara Falls,.Q 55 -7531 www.niagarafalls.ca Working Together to Serve Our`Gommunity' Community Services Department Municipal Works March 23, 2009 2 MW- 2009 -12 The recommended Consulting works are as follows: Streetlighting and Electrical design for Ferry Street, Main Street and Lundy's Lane (In -house staff does not possess the necessary expertise). Survey, Base Plan Preparation and Municipal Servicing Design for Main Street and Lundy's Lane (current workload commitments will not allow in -house staff to commence on these projects for a number of months). While it is understood that approval of the proposed Capital Works improvement program is subject to future Capital Budget deliberations by Council, the quick and timely completion of the required Design phases of the various projects will provide staff with additional flexibility in regard to tendering for construction. This will allow the examination of different options for the implementation program, while still completing the entire program within the desired time frame. CONCLUSION: These engineering costs are not expected to exceed $80,000. Due to the differing scope of work and required expertise, staff is recommending that two separate Consultant assignments be undertaken as detailed above. Since these are new projects, the funding for the Engineering phase has been included in the 2009 Capital Budget. The actual reconstruction of the various improvement works will proceed in accordance with Capital Budget deliberations over the course of the next few years leading up to 2012. Due to the urgent nature to commence the Engineering components of this program, staff is asking for Council's consideration in advance of the approval of the Capital Budget so that we can immediately commence with the retention of the required Consulting services. Recommended by: V( Geoff Holman, Director of Municipal Works A Approved by: Ed Dujlovic, Executive Director of Community Services K. Schachowskoj Attach: S:IREPORTS\20091MW- 2009 -12 Historic Drummondville CIP Area Capital Works Improvement Program.wpd May 19, 2009 City of Niagara Falls 4310 Queen Street P.O.Box 1023 Niagara Falls, ON. Attention: Mr. Kent Schachowskoj, P.Eng Project Manager Municipal Works Re: Main Street Reconstruction Robinson Street to Lundy's Lane ProposalNumber 09 -929 -905 Further to our: meeting of May 14, 2009 we are pleased to submit our proposal for engineering services required to prepare contract drawings and tender documents for the subject project. Based on our understanding of our discussion at the meeting the scope of work can be defined as: Replacement of the existing 200mm. dia. C.I. watermain with a P.V.C. main. Reconstruction of both sidewalks incorporating the streetscape standards supplied by others and developed for the B.I.A. and new streetlighting to be designed by Harp Engineering. Restoration of the road to the same width as existing. Therefore, in order to complete this project on time and within budget the following work program has been developed: Meet with City staff to obtain all background information and drawings on the project, review design criteria and standards, and confirm schedule. Carry out a complete topographic survey including the verification of all underground services. The survey will be tied into City co- ordinates. Assistance will be required from the City for Traffic control for checking manhole inverts. Prepare plan and profile drawings at a scale of 1:200 horizontal and 1:50 vertical using AutoCAD 2008 format and City Standards. Send base plans to utility companies to verify plant location. Carry out watermain design and prepare preliminary layout for review with City staff. Verify if there are any utility conflicts and co- ordinate with utility companies. Complete watermain plan and profile sheets including appropriate details and scope of restoration works. Incorporate streetscape details on plan drawings and detail sheets as required. Incorporate streetlighting locations on plan drawings to ensure no conflicts with other works. E -mail kthengineeringltd @cogeco.net Over fifty years of dedication to the engineering profession in the Niagara Region. CONSULTING ENGINEERS Kerry T. Howe Engineering Limited 98 Church Street P.O. Box 460 St. Catharines Ontario L2R 6V9 Tel. 905- 688 -6550 Fax 905- 687 -7207 4 Finalize contract drawings in City format. This will include cover sheet, plan and profile sheets, and detail sheets. Streetlighting drawings prepared by Harp Engineering will be included in this package. Prepare tender documents in City and Niagara Peninsula Standard Contract Documents. This will include a separate section for streetlighting prepared by Harp Engineering. Prepare construction cost estimate. Submit final contract drawings and tender documents for review by City staff, Incorporate any revisions required by City Staff and submit contract drawings on disc for printing by the City. Assist City Staff during the tender period, attend tender opening, review tenders received and prepare tender report. Fee Estimate Based on the above work program the estimated engineering fees are as follows: Topographic Survey Base Plans Final Design tendering Disbursements (billed at cost) TOTAL ESTIMATED FEE (excluding G.S.T.) $8,655.00 $20,992.00 $553.00 $32,200.00 This figure is considered an upset limit which will not be exceeded without your prior approval. We can start work immediately upon authorization to commence and all work can be completed for an August tender call, in order to allow construction to start after Labour Day. We appreciate this opportunity of working for the City and trust that our proposal has been responsive to your requirements. Yours truly, Kerry T. Howe Engineering Limited Jeff Jaeger, P.Eng President Proposal File 09- 929 -905 eering Design Mr. Kent Schachowskoj, P. Eng. City of Niagara Falls, Municipal Works, City Hall, PO Box 1023, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Tel: 905 356 -7521 ext. 4336 Fax: 905 356 -2354 Re: Niagara Falls, Street Lighting Ferry St., Lundy's Lane and Main St. Fee Proposal No. 06409 Dear Sir, June 15, 2009 Please accept this proposal for electrical engineering design and drafting services for the relighting of approximately 1200 meters of the captioned streets in the historic Drummondville area of Niagara Falls, as discussed in your office on June 4, 2009. Electrical work shall include: Design meetings Consultation with local, Hydro, Telephone and Cable TV utilities to identify existing services and locations Incorporate existing services onto working drawings Review design with prime consultant and streetscape architect to select and locate lighting fixtures and poles Work with lighting fixture manufacturer to provide luminance levels to required standards Consultation with the Regional Municipality of Niagara and the City of Niagara Falls to provide underground duct banks only, for traffic signals. Review of project power requirements with Niagara Peninsula Energy Inc. (NPEI) to obtain required power feeds Plans submission to ESA for review Engineering design and drafting services will be provided to: Produce drawings and specifications suitable for tender Bi weekly field review and reports Not included: Tender call, construction budgets, regulatory applications and fees, system redesigns. Additional engineering, design and drafting will be invoiced at our hourly rates. Our standard Terms of Engagement apply. Project AutoCAD drawing files are to be supplied by City of Niagara Falls. Fee Proposal No. 06409 Harp Engineering Design Inc., 330 Vansickle Road, Unit 10, St. Catharines, Ontario L2R 6P7 Tel: 905 684 -3838 Fax: 905 684 -0578 1 4 Schedule of Fees and Disbursements by email J. Neil O'Farrell Estimated Fee: 42,000.00 Disbursements: Expenses properly incurred on assignments including reasonable traveling, document reproductions, printing, and courier charges. Total disbursements estimated at 3,000.00. Fee breakdown: Roadway Illumination: Engineer /Principal 13,400.00 Technical Staff 25,600.00 Disbursements 3,000.00 Total 42,000.00 Invoice and payment: Fees are invoiced monthly, payable within 30 days. Interest is charged on overdue accounts. Taxes are extra. We trust the foregoing is acceptable and look forward to your approval to proceed. Yours truly, Harp Engineering Design Inc. Your signature below will acknowledge acceptance of the above proposal and its terms. Signed Date Fee Proposal No. 06409 Harp Engineering Design Inc., 330 Vansickle Road, Unit 10, St. Catharines, Ontario L2R 6P7 Tel: 905 684 -3838 Fax: 905 684 -0578 2 4 June 29, 2009 MW- 2009 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -44 Kalar Road Sanitary Sewer Replacement Consultant Fee Amendment Associated Engineering RECOMMENDATION: That the Consulting Services Agreement with Associated Engineering Ltd., be amended to reflect the completion of additional design requirements beyond the original scope of the works at an upset limit of $12,000 (including 10% continency) BACKGROUND: Council had authorized staff to enter into a Consulting Services Agreement with Associates Engineering for the design of the sanitary sewer replacement on Kalar Road. During the design process the scope of the work was expanded to include further design requirements such as the realignment of the sewer to Thorold Stone Road from the Shriner's Creek area and the review of options to improve basement flooding relief on Lexington Court. The resulting design greatly reduces the risk of basement flooding in highly prone areas. Staff has reviewed the Consultant's request for fee adjustment (attached) and concludes that the increase of $12,000 is reflective of the additional effort necessary to complete the design and administration phase of this project. Financial Impact of Expenditures Approved 2009 Capital Budget Project SS #19 Costs to be expended Budgeted Amount Funds Required Niagaraflalls $12,000 $0 $12,000 ueen 5tree' 6X5:905.356 7521 :`www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works June 29, 2009 Recommended by: Approved by: Respect 2 MW- 2009 -44 This expenditure is an increase from the $120,000 originally budgeted for consultants for this capital project. This expenditure increase is Tess than 1% of the total budget amount for the project of $6.3 million. It is anticipated that this expenditure will be funded from cost savings achieved from construction tender prices anticipated to be well below the amount included in the 2009 Capital Budget. Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services fully Submitted by: Ken Todd, Chief Administrative Officer R.Volpini S: \REPORTS\2009 \MW- 2009 -44 Consultant Fee Amendment Kalar Road Sanitary Sewer Replacement.wpd C Associated Engineering Dear Mr. Volpini: GLOBAL PEPSPECr1VF. LOCAL FOCUS. June 8, 2009 File: 2008-5321.00.P.02.03 Mr. Rick Volpini, C.E.T. City of Niagara Falls Community Services Department Municipal Works P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: KALAR ROAD SANITARY SEWER REPLACEMENT SCOPE CHANGE REQUEST Associated Engineering (Ont.) Ltd. 208 iioA Hannover Drive St. Catharines, Ontario, Canada, 1.2W 1A4 TEL: 905.346.0990 FAX: 905.346.0992 www.ae.ca As requested, we are pleased to provide details on our design scope changes related to the Kalar Road Sanitary Sewer Replacement Project. Associated Engineering (AE) was authorized to complete the design of a new sanitary sewer along Kalar Road from Beaver Glen Drive north to the Kalar Road Pump Station and from Thorold Stone Road south to the Kalar Road Pump Station all in accordance with the Class EA completed in August 2007. Included in the design works was the replacement of the sanitary sewer running along Shriner's Creek. As part of our assignment, AE reviewed the scope of work associated with the preferred solution of the Class EA. Based on our review, it was suggested to eliminate the sanitary sewer alignment through Shriner's Creek and direct the flows down Thorold Stone Road west to the new sewer along Kalar Road. By eliminating this sewer, this would reduce the potential for infiltration in the sewer along Shriner's Creek. The City agreed with this solution in January •2009. In order to complete the design of this sewer section, additional topographical survey was required along Thorold Stone Road from the top end of Shriner's Creek to Kalar Road. The engineering fees associated with this change can be found in the attached Scope Change No.1. It should be noted that AE had already completed the entire topographical survey associated with the preferred alternative of the Class EA. In addition to the above a number of "value added" or innovative practices were applied to this project namely: 1. Significant alteration of the original design to facilitate the construction of a new sewer on Kalar Road that is intended to serve as both storage and the eventual conveyance system for areas to which extraneous flow control techniques have been applied. Significant effort and time has been BEST MANAGED COMPANIES jt June 8, 2009 Mr. Rick Volpini, C.E.T. City of Niagara Falls 2 expended in this area of the project given the restrictions on alignment and grade and the issue of maintaining the connections to existing sanitary laterals. 2. Intensive investigation and review of data for the 375 mm sewer from Lexington Court and three additional meetings on site to discuss the issue of the defective sections of pipe. The design for the replacement of this sewer has been included in the design submitted for MOE approval. This task included the review of two CCTV reports and the preparation of emails discussing the relevant options to correct the deficiencies in addition to one on site meeting with Pipeflo to supervise the inspection process. 3. The design for the redirection of flows from the Paddock Trail to Kalar Road. This was not factored into the original basis of design. AE is committed to completing this project within the prescribed budget however giver} the above we request that we receive formal approval of the Scope Change No. 1 2 submitted to date and recognition of the significant changes to the scope of the project. We would request consideration for an additional $5,280.00 (Scope Change No. 3) for Contract Tendering and Administration as our original budgeted amount has been expended on the additional design scope items referred to in this letter. We trust you will find the attached to be satisfactory. If you have any questions, please .call. Yours truly, Joe Tonellato, P.Eng. Manager, Infrastructure Group P:12 0 0 8 532 110 0 Kalar Road1PM102.03 Scope Changes\Ltr Scope _Change— Requesl_3jun2009.Doc Personnel: Rate: GB JT DD DW TD CAD Admin Total Hours Engineering Fees 165 153 95 140 85 65 50 Labour DIsb. Subs. Total Fees No. Activities Personnel Hours 1 Topographical Survey 40 40 2,600 2,720 5,320 0 0 0 0 0 0 0 Total Hours: 0 0 0 0 0 40 0 0 40 Total Cost: .2,600 2,720 5,320 Associated Engineering CLIENT: PROJECT: PROJECT MANAGER: Description of Scope Change: Reason for Scope Change: Additional Engineering Cost: Initial Name GB Geoff Burn Project Director JT Joe Tonellato Project Manager DD David Daikh Design DW David Watt Project Advisor TD Technical Design Staff CAD Technical AutoCAD Staff Admin Clerical The City of Niagara Falls Kalar Road Sanitary Sewer Replacement J. Tonellato Scope Change No.: 1 File No.: P.02.03 Project No.: 2008 -5321 On Date: 7- Jan -2009 Additional survey along Thorold Stone Road from top end of Shriner's Creek to Kalar Road. Survey completed by Rick Morris Surveys. Design of new sanitary sewer along Thorold Stone Road in order to eliminate the Shriner's Creek sanitary sewer SCOPE CHANGE Personnel: Rate: GB JT DD DW TD CAD Admin Total Hours Engineering Fees 165 153 95 140 85 65 50 Labour Disb. Subs. Total Fees No. _Activities Personnel Hours 1 Video Inspection 0 278 278 0 0 0 0 0 0 0 Total Hours: 0 0 0 0 0 0 0 0 0 Total Cost: 278 278 C Associated Engineering CLIENT: PROJECT: PROJECT MANAGER: Reason for Scope Change: Additional Engineering Cost: Initial Name GB Geoff Bum Project Director JT Joe Tonellato Project Manager DD David Deitch Design OW David Watt Project Advisor TD Technical Design Staff CAD Technical AutoCAD Staff Admin Clerical The City of Niagara Falls Kalar Road Sanitary Sewer Replacement J. Tonellato Scope Change No.: 2 File No.: P.02.03 Project No.: 2008 -5321 SCOPE CHANGE On Date: 15- Apr -2009 Description of Scope Change: Additional work to complete a video inspection of the 375 mm diameter sewer on Lexington Court. Video inspection completed by Pipeflo. Video completed to confirm the integrity of the existing sewer Personnel: Rate: GB JT DD DW TD CAD Admin Total Hours Engineering Fees 165 153 95 140 85 65 50 Labour Disb. Subs. Total Fees No. Activities Personnel Hours 1 Tendering Award 4 4 8 992 8 992 2 Contract Construction Admin. 16 12 4 32 3,788 3,788 3 Disbursements 0 500 500 0 0 0 0 0 Total Hours: 0 20 16 0 0 0 .4 0 40 Total Cost: 4,780 8 500 5,280. Associated Engineering CLIENT: PROJECT: PROJECT MANAGER: Reason for Scope Change: Additional Engineering Cost: Initial Name GB Geoff Burn Project Director JT Joe Tonellato Project Manager DD David Daikh Design DW David Watt Project Advisor TD Technical Design Staff CAD Technical AutoCAD Staff Admin Clerical The City of Niagara Falls Kalar Road Sanitary Sewer Replacement J. Tonellato Description of Scope Change: Tendering and contract administration work based on a 4 month period (8 hrs /month) Scope Change No.; 2 File No.: P.02.03 Project No.: 2008 -5321 SCOPE CHANGE On Date: 8- Jun -2009 Our original budgeted amount has been expended on the additional design scope items listed in our letter dated June 8, 2009. June 29, 2009 MW- 2009 -46 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -46 Contract 2009 -03 2009 Asphalt Overlay RECOMMENDATION: Niagaraj1alls C A N A D A 1. That the unit prices submitted by the lowest tenderer Brennan Paving Ltd. 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 Deputy Clerk, Mr. Bill Matson, opened tenders on Tuesday, June 16, 2009 at 1:45 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1. Brennan Paving Port Colborne 218,855.00 2. LaFarge Canada /Coco Paving Hamilton 306,265.37 3. Rankin Construction St. Catharines 318,825.00 4. Circle P. Paving Stevensville 338,945.00 5. Steed Evans Thorold 343,980.00 6. Norjohn Contracting Niagara Falls 363,258.07 ox--1 5356 -7521 wwwniagarafalis.ca Working Together to Serve Our Community Community Services Department Municipal Works June 29, 2009 2 MW- 2009 -46 Financial Impacts of Expenditures Approved in 2009 Capital Budget Project R24: Tendered Costs Budgeted Amount (12-3-310024-030000) Approved by: Recommended by: Respectfully submitted: Ed J $218,855.00 $266,000.00 This project represents one part of the overall project and further expenditures are anticipated. The tendered price is within original forecast. This project is scheduled to commence construction July 13, 2009 and all work is to carry through until September 8, 2009. Overlay will be completed up to the budget amount utilizing the unit cost in the contract. Geoff Hol an, P' ector of Municipal Works ovic, cutive 1 'rector of Community Services Ke Todd, Chief Administrative Officer C. Anders S: \REPORTS\2009 \MW- 2009 -46 Contract 2009 -03 2009 Asphalt Overlay.wpd June 29, 2009 MW- 2009 -47 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: BACKGROUND: Niag araFalls CANADA MW- 2009 -47 Contract 2009 -02 2009 Sidewalk and Concrete Repair 1) That the unit prices submitted by the lowest tenderer Alfidome Construction Limited be accepted; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the City Deputy Clerk, Mr. Bill Matson, opened tenders on Tuesday, June 16, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and four (4) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1. Alfidome Construction 2. Sacco Construction 3. CTC Contracting 4. Centennial Construction Niagara Falls Niagara Falls Welland Niagara -on -the Lake The lowest tender was received from Alfidome Construction Limited in the amount of 228,445.00. 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. 6X5..;-9 5 356 7521 www niagarafalls.ca_ Working Together to Serve Our Community 228,445.00 280,665.00 284,790.00 295,721.00 Community Services Department Municipal Works June 29, 2009 2 MW- 2009 -47 Financial Impacts of Expenditures Approved in 2009 Capital Budget Project R39: Tendered Costs $228,445.00 Budgeted Amount $300,000.00 (12 -3- 310039- 030000) This project represents one part of the overall project and further expenditures are anticipated. The tendered price is within original forecast. This project is scheduled to commence construction July 13, 2009 and all work is to carry through until September 15, 2009. Sidewalk repairs will be completed up to the budget amount utilizing the unit cost in the contract. Recommended by: Approved by: Respectfully submitted: Geoff Holma Director of Municipal Works D V f Ed Dujlovic, Executive Director of Community Services Ken Todd, Chief Administrative Officer C. Anders S: \REPORTS\2009 \MW- 2009 -47 Contract 2009 -02 2009 Sidewalk and Concrete Repair.wpd June 29, 2009 MW- 2009 -48 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -48 Consultant Appointment Chippawa Sewer Flooding Relief Analysis RECOMMENDATION: Niagaraf1alls CANADA 1. That the City enter into a consulting services agreement with CH2M HILL Canada Limited for the Chippawa Sewer Flooding Relief Analysis for an upset limit of $31,119.00 excluding GST. 2. That the Mayor and City Clerk be authorized to execute the necessary consulting services agreement. BACKGROUND: At its meeting on April 6, 2009 Council authorized staff to proceed with the remedial repairs outlined in report MW- 2009 -18 regarding basement flooding on Front Street in Chippawa. The report also suggested that staff investigate further opportunity to mitigate the impacts of basement flooding by analyzing the flow characteristics within the sewer system. This analysis will update the Pollution Control Plan and the previous Chippawa sewer modeling to reflect the current conditions. Several alternatives will be modeled that will reduce, store and redirect wet weather flows and optimize the present sewer system. CH2M HILL Canada Limited completed both the Pollution Control Plan and the previous Chippawa sewer modeling. Therefore, this company has a very detailed knowledge of Chippawa's sanitary sewer system, the wet weather flow problems and previous recommended solutions. Upon the completion, October 2009, of the detailed modeling and analysis of the alternative solutions, staff will prepare a report on the long term solutions to the Chippawa flooding. iagara Falls; ON,,anada`L2E 6X5 905=356-7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works June 29, 2009 Financial Impact of Expenditures Approved 2009 Sewer Utility Budget Tendered Costs 31,129 Budgeted Amount $1,040,000 (16-3-413000-040000) 2 MW- 2009 -48 Available Funds 926,000 (approximately) This expenditure is one of a series of projects that will be undertaken in the fiscal year with the approved budget. To date the city has expended approximately $82,000 on similar projects during the year. As a result the available remaining funds will be expended as required. Recommended by: Approved by: Respectfully Submitted by: 1 Geoff Holman, DI ctor of Municipal Works Ed Dujlovic, Ex utly e irU ector of Community Services Ken T dd, Chief Administrative Officer B. Darrall S: \REPORTS\2009 \MW- 2009 -48 Consultant Appointment Low Lift Pumping Station Chippawa Flooding Relief Analysis.wpd June,29, 2009 MW- 2009 -49 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -49 Tender #T07 -2009 New Equipment Purchase RECOMMENDATION: 1. That the Tender be awarded for the purchase of; a) Four (4) Wagon type Vehicles be awarded to Border Pontiac Buick GMC LTD. (Cullen Group) in the amount of $85,595.24. a) Four (4) FWD Cargo Vans be awarded to Performance Chrysler Dodge Jeep in the amount of $90,648.60. b) Two (2) Extended Cab Pick -Up trucks be awarded to David Chevrolet Corvette LTD. in the amount of $39,766.96. c) Ten (10) Standard Cab Pick -up trucks be awarded to David Chevrolet Corvette LTD. in the amount of $164,505.40. 2. That staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. BACKGROUND: NiagaraFalls Tender CaII #T07 -2009 is for the replacement of vehicles that are beyond the normal replacement cycle. Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, June,11,2009, at 1:30 pm. A summary of bids is attached for Council's information. After a complete review of the specifications submitted from all bidders, it was found that the lowest bidders meet specifications as outlined in tender documents. Working Together to Serve Our Community Community Services Department Municipal Works June 29, 2009 -2- MW- 2009 -49 Financial Impacts of Expenditures Approved in 2009 Capital Budget Tendered Costs Budgeted Amount (12 -3- 370001 030000) Recommended by: Approved by: Respectfully submitted: 380,516.20 $1,000,000.00 This amount represents one part of the overall purchase and further expenditures are anticipated. The tendered price is within original forecast. Geoff Holma Dirgtor of Municipal Works i Ed Dujlovic, Executive Director of Community Services Ken Todd, Chief Administrative Officer RZ V:\2009COUNCIL\2009 06 29 \MW- 2009 -49 Tender T07 -2009 Purchase of new Equipment.wpd Working Together to Serve Our Community June 29, 2009 -3- MW-2009-49 Badge PdatN20 R41CkOMC Ltd 4318 POrttaga Rd, Nitwit Fang, >ON L21 :d Br6c F4td1 Sd441ac. 450013ra rtcinel R 1, Niagis Fr11#, ON L2R:. Dzvi4 4 +evroiai Cbtyeile 915 Nia$ede Sttppt Wetted, ONsL3C 1134 gmdFor4 Sdtn 1.. 315 OntadDS tti*t, 3JtCithxlitie fN €i2R 7P7- Fsit!>d Fa44 1Ltd 455 S SQt+ a Red, f}dneby, ON L3M 4Hli Pornrmanoa Chi ikrr 1cd8c Jeep... 357 Oniarid St; Cithiaiiii4 ON [2x;7 TnfE1 Ptio4 fad F nu (4) V0hi4114 SECTION :2 Cap, V Thud Pilo fia Ftv(4) Ciao Vutg. SECTION 3 d Cad Pao Ttuata Thud Price fot Pickup, Trgoka 5 11ON 4 tcat Flail* Twit Tcts1 Ptio fat Tee (10) PiaioThu ;40 $49,559 ,54 $48, MUG Working Together to Serve Our Community June 29, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -47 SWC- 2009 -002, Sidewalk Cafe Licence Agreement 4317 Queen Street, Queens Restaurant RECOMMENDATION: That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, with Radinka Kuntos and Nemanja Kuntos to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of the Queens Restaurant located at 4317 Queen Street. BACKGROUND: Radinka Kuntos and Nemanja Kuntos have applied to the City for a Sidewalk Cafe Licence Agreement for a sidewalk cafe in front of 4317 Queen Street, as shown on Schedule 1. The Sidewalk Cafe application has been reviewed by staff and is recommended for approval. The licensed area is approximately 13.98 square metres and is shown hatched on Schedule 1. The licence fee for 2009 is $349.50. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. The licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2 million to cover Queens Restaurant and the City. At it's discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or if the City requires the lands for its or another agency's purpose. Each party must give 30 days written notice to terminate the licence. Recommended by: Approved by: Respectfully submitted: Niag araflalls CANADA )4- Alex Herlovch, Director of Planning Development Director of Community Services Chief Administrative Officer A. Dilwaria: mb Attach. S:1PDR\20091PD -200 =2009 -002, Queens Restaurant, 4317 Queen St.wpd Working Together to Serve Our Community PD- 2009 -47 Community Services Department Planning Development SIDEWALK CAFE AMMON QUEENS RESTAURANT q 7 0.4ISIAEET.MADMAFAELl. ONTA110M La NM= MAGMA DEVE11CPIADT NC. SIDEWALK CAFE PLAN I ELEVATION SCHEDULE 1 �AIMONOO SOCIATES ...INN INC. M. OW- v A MM. M. Mt Ma.IDrt.VEW 3 ■=tat■ ,ucOmarc n .mn .DEnrrt_...1.0 D WYN 200f groamrt M.MI PA IMD ADJUST*? June 29, 2009 PD- 2009 -48 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJ Re: PD- 2009 -48 Request for Deeming By -law Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 Owner: Mario Criveller, 1788615 Ontario Limited 6853, 6863 and 6871 Lundy's Lane RECOMMENDATION: That Council pass the by -law appearing on tonight's agenda to designate Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 to be deemed not to be within a registered plan of subdivision. BACKGROUND: The subject lands, known as 6853, 6863 and.6871 Lundy's Lane, are located on the north side of Lundy's Lane between Depew Avenue and Dorchester Road. Refer to Schedule 1 for further detail. The portion of the lands known as 6853 and 6863 Lundy's Lane were previously occupied by the Criveller Candy store and the Niagara Falls Brewing Co., respectively. A new tenant wishes to establish a restaurant and re- establish a micro brewery on 6863 Lundy's Lane using all the available parking spaces. In order to provide the required number of parking spaces for a retail store on 6853 Lundy's Lane additional on -site parking is required in accordance with zoning requirements. The additional required parking can be readily provided on 6871 Lundy's Lane, however, because it is a separate lot in a registered plan, the parking thereon cannot be used to satisfy the by -law requirements for the retail store on 6853 Lundy's Lane. The elimination of the lot boundaries would allow all of the subject lots to become one large parcel and provide greater design flexibility. Refer to Schedule 2 for details of the development. The applicant has requested the City to pass a "deeming by -law" for Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 on the north side of Lundy's Lane (see Schedule 1). A deeming by- law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties together in the same ownership name and allow them to be developed as one lot. X5:=905 356 7521 ;'www. iagarafak.ca Working Together to Serve Our Community Community Services Department Planning Development June 29, 2009 2 PD- 2009 -48 CONCLUSION: The passing and registration of a "deeming by -law" under the Planning Act for Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 will allow the land to merge together. This will facilitate the desired development of the land. The subject lands are zoned appropriately for the use and the development will be subject to site plan control. The necessary by -law is included in tonight's agenda. Recommended by: Approved by: Respectfully submitted: A.Dilawaria:mb Attach. Alex Herlovitch, Director of Planning Development Ed Dujlovic, Ex u we Director of Community Services ,),),J(4-./At Ken odd, Chief Administrative Officer S: \PDR\2009 \PD- 2009 -48, Request for Deeming By -law, Criveller, 6853, 6863 6871 Lundy's Ln.wpd Subject Land LOCATION MAP SCHEDULE 1 Amending the Zoning By -law No. Location: Lot 6,7,8,30 and Part Lot 11, Plan 54 Applicant: Mario Criveller(1788615 Ontario Limited) SPC- 2009 -006 41.1 -%_w a1 June 29, 2009 PRC- 2009 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraaalls Re: PRC- 2009 -26 Tender TR05 -2009 For the Landscape Development of Niagara Falls Lions Park (Phase 1) RECOMMENDATION: 1) That Tender TR05 -2009 be awarded to Touchstone Site Contractors for the tendered price of $222,246.00 plus GST. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The re- development of Niagara Falls Lions Park was included in the approved 2009 Capital Budget for Parks, Recreation Culture. This improvement project is a joint effort between the City of Niagara Falls Parks, Recreation Culture and the Niagara Falls Lions Club. The Lions Club has committed to providing $150,000 in financial support for the project of which to date, approximately $140,000 has been received in donations and grants (including Trillium and Ronald McDonald House Charities). The improvements and new park amenities planned for Niagara Falls Lions park will serve to provide a much enhanced park and greenspace for this area of our community. The general park plans include; more open park with higher visibility; new children's accessible playspace area; new accessible splash pad area; a natural stone outdoor amphitheater; picnic tables, park shelter, benches, and shade trees. Construction of the tenderworks, which include grading, storm drainage services, concrete walkways, asphalt walkways, landscaping, and a park picnic shelter is scheduled to start in July 2009 and be completed by September 2009. Tender Documents were picked up by eleven (11) companies and four (4) bids were received. The Tender Opening Committee, in the presence of the City Clerk opened tenders on Thursday, May- 8 2009 at 1:30 p.m. for the above noted tender. 9 35 7521 ;www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture BIDDER NAME CITY BID PRICE (excluding GST) Cedar Springs Landscape Group Ltd. Ancaster $245,586. Peninsula Construction Fonthill $304,168. Stevensville Lawn Services Inc. Stevensville $241,183. Touchstone Site Contractors St. Catharines $222,246 June 29, 2009 Listed below is the summary of the bid prices, excluding GST, received from the companies. Financial Impact of Expenditures Approved in 2009 Capital Budget Project P -32 Tendered Costs $222,246 Budgeted Amount $355,000 (12 -3- 710032- 030000) Available Funds $132,000 This tender represents one part of the overall project and further expenditures are anticipated. The tendered price is within original forecasts. Recommended by: Approved by: Respectfully submitted: J. Claydon S: \Council \Co u n ci 1 2009\ P R C- 2009 -26. wpd 14 s Denyse 11 orrissey, Director of rks, Recreation Culture 2 Ed Dujlovic, Exeve Director of Community Services PRC- 2009 -26 Ken Todd, Chief Administrative Officer No. Moved by Councillor Seconded by Councillor CITY OF4��'�� CANADA 1 IT IFALLS The City of Niagara Falls, Ontario Resolution WHEREAS the Gale Centre, a four -pad arena complex (hereinafter, the "complex is slated to open in Spring 2010; and WHEREAS the complex is a $38- million project; and WHEREAS ideally, an extension to Thorold Stone Road (hereinafter, the "road would be the best access to the complex; and WHEREAS an environmental assessment for the extension to the road has been completed; and WHEREAS the Regional Municipality of Niagara has budgeted for the road extension in 2009; and WHEREAS any undue delay on the extension of the road will mean that Fourth Avenue will be the access to the complex; and WHEREAS Fourth Avenue, a largely residential road, is not as well suited for access to the complex, as Thorold Stone Road. THEREFORE BE IT RESOLVED that Regional staff be respectfully requested to expedite the extension of Thorold Stone Road in time for the Spring 2010 opening of the Gale Centre. AND The Seal of the Corporation be hereto affixed. DEAN 1<ORFIDA R. T. (TED) SALCI CITY CLERK MAYOR June 29, 2009 PRC- 2009 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PRC 2009 -25 Gale Centre Arena Construction Update RECOMMENDATION: 1. That the quarterly report on the Gale Centre arena project be received for information purposes. 2. That a letter be sent to the Regional Municipality of Niagara from the City of Niagara Falls stressing the importance of having the extension of Thorold Stone Road completed by the Region to coincide with the opening of the Gale Centre. BACKGROUND: Overview of Project Site Activities Niagara,Falls Council approved the project construction be awarded to Aquicon on September 8, 2008. A pre- construction meeting was held on September 10, 2008. The ground breaking ceremony was held on October 2, 2008. Construction mobilization began September 22, 2008. The March and April 2009 subsequent site construction meetings were held on March 4, March 18, April 1, April 15, April 29, and May 13, and May 29, 2009. Some photos depicting the construction development of the project site, as taken in June 2009, are provided in Attachment 1. Construction Schedule Tracking A construction schedule was issued by Aquicon Construction on December 3, 2008. The Schedule anticipates substantial completion by May 28, 2010 and Total Performance by June 30, 2010. Progress to 009 is as summarized below: Working Together to Serve Our Community Community Services Department Parks, Recreation Culture June 29, 2009 2 PRC- 2009 -25 0 Y O Y 0 Pre engineered building steel for Arenas 1 and 2 is 97% complete; Steel erection for Arena 3 and 4 is 75% complete; Painting of roof steel in Arena 1 and 2 is underway; Conventional steel in central core is 65% complete; Mason working in Arena 1 bleachers; Refrigeration headers installed. Backfilling of refrigeration header is complete and refrigeration unit scheduled to be delivered on June 11, 2009; Underground plumbing is complete, except in two pits; Contract for external site servicing and reconstruction /extension of Fourth Avenue began on May 11, 2009. Critical Project Milestones Critical project milestones include completion of the building envelope scheduled for early August 2009 and the completion of the four ice pads scheduled for September to December 2009. The new water main along Fourth Avenue must be completed before the four ice pads can be poured or begin. Project Construction Budget and Forecasted Cash Flow The project construction budget of $36,374,837.00 is summarized below: Site Preparation (AIM contract) 2,995,000.00 Arena Construction (Aquicon contract) $30,202,837.00 Contingency Construction Allowance 900,000.00 External Servicing Construction 627,000.00 Furnishing, Fixtures Equipment (FF &E) 950,000.00 Arena Seating 300,000.00 Arena Flooring 300,000.00 External Internal Signage 100,000.00 Sub -Total $36,374,374.00 The forecasted construction cash expense flow (excluding GST) for the project to June 30, 2010 is: 2008 Cumulative September 30 (actual) 320,913.55 October 31S (actual) 720,249.20 November 30 (actual) $1,841,303.48 December 31" (actual) $3,319,057.41 2009 Cumulative January 31" (actual) 3,710,534.60 February 28 (actual) 5,354,200.11 March 31" (actual) 6,360,790.72 April 30 (actual) 8,233,738.12 May 31" (actual) 9,057,636.12 June 30 $11.9 m July 31" $14.0 m June 29, 2009 3 PRC- 2009 -25 August 31" September 30 October 31s November 30 December 31' 2010 January 31 st February 29th March 31st April 30 May 31" June 30 $15.2 m $17.7 m $21.2 m $23.8 m $25.1 m $25.9 m $27. 2 m $28.5 m $29.4 m $29.9 m $30.2 m Project Management Design Team The project team is involved in a variety of other project matters that are included in the approved budget through the tendering process in such project areas as, but not limited to, furnishing and fixtures, security system, score clocks, facility external and internal signage and concession equipment. The two arena properties whose proceeds will financially support the arena capital project have been designated as surplus properties. Concerns have been raised by both Council and the Recreation Committee regarding the extension of Thorold Stone Road by the Region. In the absence of the extension being completed, Fourth Avenue will be used as the primary entrance to the Gale Centre. City staff has had several discussions with Regional staff to address the concerns raised. Regional staff has indicated they are assessing the project as to its risks due to the contamination on the Cytec site and the associated cost impacts. Regional staff has stated their goal is to have the first phase of the Thorold Stone Road Extension to the entrance of the Gale Centre in place for the planned June 2010 opening. In order to ensure this remains a priority project with the Region, City staff recommends that the resolution appearing on tonight's agenda be approved and forwarded to Regional Council. Capital Campaign Fundraising Update The fundraising capital campaign target is in the $2.25 to $2.5 Million range. The last update to Council was provided on January 29, 2009. All opportunities have been `sold' other than 15 dressing rooms valued at $15,000 each or $225,000 (see Attachment 2). Two of the dressing rooms were purchased with the $30,000 in proceeds from the "Best of the Best" dinner, and Ice Dog hockey game held in March 2009. The seat campaign has a fundraising target of approximately $485,000. It is made up of the stadium seats for $200; In the Pink seats for $250 (of which $50 from every seat is donated to GNGH foundation), and the VIP seats for $500. The seat campaign has reached $56,700 to date. The 234 seats consist of 50 stadium seats; 151 'In the Pink Seats', and 33 VIP Seats. June 29, 2009 4 PRC- 2009 -25 Recommended by: Approved by: Respectfully submitted: Attachments 1 0Liti.f C i f Denys Mcwisse Direcior Parks, Recreation Culture Ed Dujlovic, (ecutive Director of Community Services Ken Todd, Chief Administrative Officer V:\2009000NCIL2009 06 29 \PRC- 2009 -25- Gale Centre Arena Construction Update.wpd Gate Centre .i. :..-Aninuatmssizarains92,m A RefnertJon Plant Niagara] Gale Centre 1. Building 9. The Great Seat Sale (2,030 available) Attachment 2 Status as of June 9, 2009 Gale Centre AMOUNT SOLD $1,000,000 2. Ice Pads -NHL Sized Pad #1 Stadium Pad SOLD $250,000 Pad #2 Community Pad SOLD $75,000 Pad #3 Community Pad SOLD $100,000 Pad #3 Community Pad SOLD $75,000 3. Niagara Falls Memorial SOLD $100,000 Community Room 4. Dressing Rooms 5 SOLD $75,000 (15 available) (up to 2 year donation term) 5. Community Board Room SOLD $30,000 6. Convenor's Meeting Room SOLD $30,000 7. Sports Wall of Fame (Main Lobby) SOLD $20,000 8. Press Box Stadium Pad SOLD $20,000 234 SOLD$56,700 TOTAL AS OF JUNE 9/09 $1,831,700 A by -law to designate Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act, R.S.O. 1990, provides that the council of a local municipality may by by -law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990; AND WHEREAS the said land is within a plan of subdivision registered in 1925; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of The City of Niagara Falls deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lots 6, 7, 8, 30 and Part Lot 11, Plan 54, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading; Second Reading: Third Reading: June 29, 2009 June 29, 2009 June 29, 2009 S:\ SITEPLAN \SPCFILES\2009 \SPC- 06\Deeming By- law.wpd CITY OF NIAGARA FALLS By -law No. 2009- A by -law to provide for the adoption of Amendment No. 90 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 90 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009 June 29, 2009 June 29, 2009 CITY OF NIAGARA FALLS By -law No. 2009 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 90 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The referenced "Subject Land" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 90" shall be identified as being "Subject to Policy 4.6.11 (d)" on Figure 4 of Part 2, Section 4 Tourist Commercial of the Official Plan. 2. TEXT CHANGE (i PART 2, SECTION 4 TOURIST COMMERCIAL is hereby amended by adding the following new subsection: 4.6.11 d) Notwithstanding the provisions of PART 2, sections 4.1.23 and 4.4.3 and further to the provisions of PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may consider passing a by -law to permit a development on a 3.03 hectare site on the east side of Stanley Avenue, south of Livingstone Street, consisting of three hotel and/or residential condominiums to a maximum building height of 32 storeys for the southern tower, 57 storeys for the central tower and 42 storeys for the northern tower. The additional height above 30 storeys is in return for: retaining, conserving and/or restoring the former Loretto building as per the requirements of its new use on the lands and; retaining and conserving the portion of the site running north/south in an alignment to the east of the existing building. The specific dimensions to be determined at the Zoning By -law amendment stage. Any application to amend the Zoning By -law to permit one or more of the said towers shall be accompanied by a heritage impact assessment, in conjunction with the provisions of PART 3, sections 3.2 and 3.2.19, undertaken to determine the significance of the building and lands and what actions are required to minimize or mitigate any adverse impacts. Further, any application to amend the Zoning By -law to permit one or more of the said towers shall be accompanied by the following studies: a shadow impact assessment, pedestrian level wind study, transportation impact study, tree inventory and tree saving plan, an archaeological study and an architectural peer review report. S: \OFFICIAL.PLN\AMEND #90 Loretto \BODY_90.wpd -2- Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to Section 37 of the Planning Act for any portion of the buildings in excess of 30 storeys: i) the contribution of facilities and /or cash to the City, in the amount based on the cost of construction per square metre multiplied by the area of each floor capable of being occupied above 30 storeys, multiplied by 5 to be used for capital facilities of one or more projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act and secured through an agreement. The City of Niagara Falls has a set of urban design guidelines for buildings over 10 storeys in height. These guidelines shall be adhered to for the three building towers. In Light of the site's prominent location and to prevent a built wall, the following policies shall apply to any hotel /residential condominium development on this site: i) have clearly defined podiums, which engage the pedestrian, that are designed to animate and define street(s), this can be accomplished by placing podiums to street frontage and /or through landscaping at lot frontage; ii) coordinate with adjacent buildings, driveways and parking spaces as much as possible; iii) have podium no taller than 4 storeys or 17 metres; iv) have towers setback a minimum of 3 metres from the street; v) have towers with maximum building floor plate of 1,115 square metres above the podiums; vi) have towers with length to width ratios of 1:1.5 to 1:1.8; vii) have a minimum separation distance of 25 metres between the tower portions on the same site and 12.5 metres between tower portions and any interior side lot lines; and viii) supply all required parking on -site, preferably in below grade parking garages and/or parking garages within the 4 storey podium with commercial uses at grade where it abuts a street lot line. MAP 1 TO AMENDMENT NO. 90 FIGURE 4, PART 2, SECTION 4 TO THE OFFICIAL PLAN Subject Land: Proposed Change to Add: Policy 4.6.11(d) Low Rise: Medium Rise: High Rise: K: \GIS_ Requests \2008 \Schedules\ZoningAM\AM -33 \mapping. map City of Niagara Falls Official Plan 1:NTS AM- 2008 -033 June 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; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Green Avenue Plan 87 Stamford lying north of Watson Street, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29, 2009. June 29, 2009. A by -law to declare Green Avenue Plan 87 Stamford lying north of Watson Street, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls 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: That Green Avenue Plan 87 Stamford lying north of Watson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29 2009. June 29, 2009. CITY OF NIAGARA FALLS By-law No. 2009- A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Radinka Kuntos and Nemanja Kuntos c.o.b. as Queens Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Queens Restaurant located at 4317 Queen Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated May 25, 2009, and made between Radinka Kuntos and Nemanja Kuntos c.o.b. as Queens Restaurant as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a Sidewalk Cafe in front of 4317 Queen Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence 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 -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29, 2009. June 29, 2009. CITY OF NIAGARA FALLS By -law No. 2009 THIS AGREEMENT made this 25 day of May, 2009. BETWEEN: RADINKA KUNTOS and NEMANJA KUNTOS, c.o.b. as Queens Restaurant Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 4317 Queen Street, Niagara Falls, Ontario, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as the "Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such teens and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from April 1 to October 31 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence April 1', 2009, and shall terminate on October 31 2014, subject to its earlier termination. -2- 4. The Licensee shall pay a fee of Three Hundred Forty Nine Dollars and 50/100 ($349.50) plus GST per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of April in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal govermnents that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A `B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: Queens Restaurant Attention: Radinka Kuntos 4317 Queen Street Niagara Falls ON L2E 2K9 Telephone: (905) 357 -0631 The City: (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted above. -3- The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street 1 Box 1023 Niagara Falls ON L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (2) Such notice shall be deemed to have been given: (a) (b) in the case of personal delivery, on the date of delivery; in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be (c -4- deemed to have been received the next day, provided the next day is not a holiday; and in the case of prepaid ordinary first class post, on the third day, which is not a holiday, following posting. 15. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. 16. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 17. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 18. The Licensee agrees that the City may terminate this licence or modify the site area if the land is required for any purpose by the City. This includes increased sidewalk width to accommodate increased pedestrian volume. 19. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 20. If the Licensee is in default or breach, at the Licensee's expense, the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001, S.O. 2001 c.25 and any successor legislation thereto. -5- 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee has hereunto set his/her hand(s) and seal(s) and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. '40e CLAA(2,e3 adinka Kuntos anja Kuntos THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk 1 *mixt jA/,..,....., Atm KAttrftlAt .RAH7t59 NAV Kt AAA mvp I. 4 L. i 774 A -6- SCHEDULE "A" to an Agreement dated May 25, 2009, between RADINKA KUNTOS and NEMANJA KUNTOS and THE CORPORATION OF THE CITY OF NIAGARA FALLS SIDEWALK CAFE ADDITION QUEENS RESTAURANT 0041.11311.7.11MARA AA11-5 OitTATO llt■ 1.311.014ACVAAINVELOOMACIIT SIDEWALK CAFE PLAN ELEVATION C=12133.0 AIMONDO ott0.....A.AdAt C7 =133=11 eon. A kW.. K.‘M"..". IM£010 OWN.. .■tott■ WY .1115t/i0 firrAtAlttrtiO 1 I 140112AN JIAD Mg AOIVANEtti -8- SCHEDULE "C" to an Agreement dated May 25, 2009, between RADINKA KUNTOS and NEMANJA KUNTOS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Ci1jr of Niagara Falls Canada j .0. 1111111111 11.1 0/ SIDEWALK CAFE GUIDELINES Planning and Dovcloprncnt Council Approval September 12,1994 Rovisod Mardh2003 -7- SCHEDULE "B" to an Agreement dated May 25, 2009, between RADINKA KUNTOS and NEMANJA KUNTOS and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Lot 3, Block K, Plan 999 -1000, Town of Niagara Falls, as in Instrument Number R0749129; except the easement therein; in the City of Niagara Falls, in the Regional Municipality of Niagara, being all of PIN 64328 -0154 (LT). Definitions: Introduction: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended tcrserve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses, The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City ofNiagara Palls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Piro Code and Site Plan Control. Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion of municipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. F12111R51 W Y. mar t r.PU;w y 14�tbi�a- Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metros (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT s, stsmaimi."12.11111"1.176:4 i .rri F es 44 .4 r.,, Na''IP.�N. �'..s yy ,it'''., i11181111111411MilMUM Placement The placement of a sidewalk cafe will abut the property, where the related'restaurant use is located. Alternatively, the sidewalk cafe maybe placed within 0,9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in tither case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to ,extend into the area in front of an abutting property/ business, written consent of the affected property/business ownermust be provided at the time of application. The sidewalk cafe may be located at the front or exterior side of a restaurant use, Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area ofthe sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boies/containcrs or similar barriers. Such barriers should bcfreo standing, structurally sound and finely fabricated. The height and placement ofthe barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case sball this route bcless than 1.0 metres (3.2 foot). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metros (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may bo strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement arca. Fixed or retractable awnings shall b e permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: 4 Application An application to establish a sidewalk cafe on any portion ofmunicipai property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands, The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for anymatter arising•as a result of the sidewalk cafe and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture, fixtures, etc., after. hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityprop erty at the end of the season in accordance with the terms of the agreement with the City. Any books, bolts, brackets, etc., installed in the sidewalk Shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during theperiod of 11:00 p.m. and 8 :00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet tho regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc S NSIDSWALKVJSNBRALNaHdelinea.wpd NiagaraJa11s General Conditions Sidewalk Cafe Construction Permit Conditions 1. Sidewalk Cafe Construction Application approval DOES NOT allow occupancy of the cafe. Upon completion of sidewalk cafe and sidewalk extension decking (if required), Applicants must contact the Construction Services at (905) 356 -7521, Ext. 6227 to arrange for an inspection. Upon inspection approval the City may issue an occupancy permit. 2. Municipal Works Division Construction must be notified 48 hours prior to commencement of cafe construction at (905) 356 -7521, Ext. 6227. 3. The sidewalk and road surface shall be kept clear of obstructions and debris to avoid hazard or inconvenience to the public during all phases of construction and operation of the cafe. 4. Positive drainage shall be maintained at all times. 5. The applicant shall not cut, trim or interfere with any trees located within the right -of -way. 6. All changes and /or deviations from the approved plans and /or location shall be subject to re- approval by the City of Niagara Falls. 7. The applicant accepts the City's right to perform any necessary remedial work caused by the applicants operation, subject to the following conditions: a. The Director of Municipal Works will give the applicant not less than twenty -four (24) hours notice of any remedial work required, except for emergency work. b. If, at the expiration of the time allowed, the applicant or his/her contractor has not completed remedial work to the Director's satisfaction, the City of Niagara Falls may undertake to have this work done by whatever means it deems necessary. c. The applicant agrees to reimburse the City of Niagara Falls for all cost incurred under (7a) and (7b) and /or supply the City of Niagara Falls with a Security Deposit, for a specified amount, where applicable. Sidewalk Extension Decking 8. Construction of sidewalk extension decking shall not proceed until required parking stalls have been purchased from the City's Transportation Services Division Parking Operations. 9. Construction of Sidewalk Cafe shall not commence until sidewalk extension decking within the parking stalls is complete. 10. A minimum clear width of 2 metres must be maintained at all times through the sidewalk extension decking. 11. A CONTINUOUS 200mm x 200mm curb is to be installed around the perimeter of the sidewalk decking extension. 12. Drainage holes are to be cut in the perimeter curbing to facilitate drainage along the curb. 13. Railings are to be placed around the exterior of the sidewalk extension decking 1.07 m high with spindle widths on centre at 0.10 m. 14. Railings are to be firmly attached to. the decking and be constructed so as to provide protection from someone falling under normal use. The railing system should be constructed so as to withstand Toads, forces and effects from pedestrians. 15. Conspicuity tape is to be placed on corner posts and centre posts to delineate railings at night. 16. Decking surface is to be flush with curbing and sidewalk. By-law No. 2009 A by -law to authorize the payment of $33,906,967.52 for General Purposes. T E 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 30, 2009 to June 10, 2009. Passed this twenty -ninth day of June 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009 June 29, 2009 June 29, 2009 CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize the execution of an Agreement with Church at the Falls respecting the Adopt A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 29 2009 and made between Church at the Falls as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along Dorchester Road from Morrison Street to Thorold Stone Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009 June 29, 2009 June 29, 2009 THIS AGREEMENT made this 29 day of June, A.D., 2009. BETWEEN: Church at the Falls Hereinafter called the "Volunteers" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City of the FIRST PART; of the SECOND PART; WHEREAS the City's Adopt -A- Street Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected street; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall appoint or select an authorized group representative to attend a safety meeting provided by the City and, in turn, supply safety training to the Volunteers. All participants must receive and be familiar with the contents of the safety brochure "Safety Guidelines for Volunteers" before participating in the clean up of the adopted street. 3. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 4. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Street Program. 6. Volunteers. The City shall confirm the specific section of a City street to be adopted by the 7. The City shall provide safety information and training, trash bags, flags, to the Volunteers upon receiving notice prior to the beginning of a clean up. 8. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted street, unless, in the opinion of the City erected signs would jeopardize the program, be counter- productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 9. The City shall remove and dispose of filled trash bags following the clean up and a designated location. 10. The City shall remove litter such as large, heavy, or hazardous items that have been flagged by the Volunteers for pick up by the City. 11. The City shall monitor activities of the Adopt -A- Street Program to ensure that objectives of the program are being met. 12. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Street Program signs. 13. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 14. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Church at the Falls 4056 Dorchester Road Niagara Falls, ON L2E 6M9 Attention: Brandon Duff L ead Pastor Telephone: (905) 353 0013 Fax: NA Email: questions @churchatthefalls.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 Attention: Director of Parks, Recreation Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 16. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of Name: Brandon Name: Name: Name: Name: Name: Name: )Name Name: Name: Name: Name: Name: Name: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated the 29' day of June, A.D., 2009 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following streets: Dorchester Road from Morrison Street to Thorold Stone Road being a distance of 1.2 kilometres. 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical/first aid service to its fellow Volunteers. 3. per year. SCHEDULE "B" to an Agreement dated the 29 day of June, A.D., 2009 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Volunteers shall pick up litter on their assign street a minimum of three times 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Parks, Recreation Culture or his /her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only along the adopted street. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. The Volunteers shall wear clothing that will not impair vision or movement during clean up. 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall flag closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Parks, Recreation Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Street clean up day unless it is renewed. C:\Documents and Settings \tn206\Local Settings \Temp\XPgrpwise \Revised Adopt A Street Agreement Church at the Falls (Dorchester Road).wpd THE 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 -flaw to regulate parking and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Loading Zones, Parking Meter Zones) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Clifton Hill North A point 40 metres east of Victoria Avenue At All Times and a point 43 metres east of Oneida Lane Magdalen Street Northeast Ellen Avenue and McGrail Avenue At All Times COLUMN 1 HIGHWAY Magdalen St. East (3) COLUMN 1 HIGHWAY COLUMN 1 HIGHWAY St. Clair Avenue East St. Lawrence Avenue East (5) COLUMN 1 HIGHWAY -2- (2) by deleting from the specified columns of Schedule G thereto the following item: PARKING METER ZONES St. Clair Avenue East St. Lawrence Avenue East COLUMN 2 COLUMN 3 SIDE BETWEEN Ellen Ave. And Lewis Ave. by adding to the specified columns of Schedule G thereto the following item: COLUMN 2 COLUMN 3 SIDE BETWEEN Magdalen Street Northeast Lewis Avenue and McGrail Avenue COLUMN 2 COLUMN 3 SIDE BETWEEN COLUMN 2 COLUMN 3 SIDE BETWEEN PARKING METER ZONES A point 44 metres a point 11 metres A point 18 metres a point 10 metres COLUMN 4 COLUMN 5 FEES MAXIMUM $1.50 /1 hour $0.25 /10 min 3 hours COLUMN 4 COLUMN 5 FEES MAXIMUM $1.50 1 hour $0.25 10 min 3 hours LOADING ZONES A point 44 metres south of Queen Street and a point 11 metres north of Huron Street A point 18 metres south of Queen Street and a point 10 metres north of Huron Street by adding to the specified columns of Schedule M thereto the following items: LOADING ZONES south of Queen Street and north of Huron Street south of Queen Street and north of Huron Street COLUMN 6 TIMES DAYS 8:00 a.m. to 12:00 a.m. daily $.025 minimum payment COLUMN 6 TIMES DAYS 8:00 a.m. to 12:00 a.m. Daily $0.25 minimum payment (4) by deleting from the specified columns of Schedule M thereto the following items: COLUMN 4 TIMES OR DAYS At All Times Bus Loading Unloading At All Times Bus Loading Unloading COLUMN 4 TIMES OR DAYS At All Times Tour Bus Loading Unloading Only At All Times Tour Bus Loading Unloading Only -3- (6) by adding to the specified columns of Schedule B thereto the following items: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN St. Clair Avenue East St. Lawrence Avenue East STANDING PROHIBITED A point 44 metres south of Queen Street and At AD Times a point 11 metres north of Huron Street A point 18 metres south of Queen Street and At All Times a point 10 metres north of Huron Street This By -law shall come into force when the appropriate signs are installed. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: June 29, 2009 Second Reading: June 29, 2009 Third Reading: June 29, 2009 COLUMN 4 TIMES OR DAYS CITY OF NIAGARA FALLS By -law No. 2009 A By -law to establish a reserve fund for the development and sale of surplus lands. WHEREAS Section 417(1) of the Municipal Act, 2001, as amended, provides that every municipality may establish a reserve fund for any purpose for which it the municipality has the authority to spend money; and WHEREAS proceeds from the sale of surplus municipal lands are deposited into the General Revenues of the Corporation; and WHEREAS the establishment of a reserve fund would better serve the financial needs of the Corporation by providing a fund for the development and sale of surplus City lands. WHEREAS on May 25, 2009, Niagara Falls City Council approved report CPS 2009 -04, Reserve Fund for the Development and Sale of Surplus Lands; and WHEREAS it is deemed desirable to establish a Reserve Fund for the development and sale of surplus lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That a reserve fund to be known as the "Surplus. Lands Reserve Fund" be hereby established. 2. The Reserve Fund would provide funds for the development and sale of surplus City lands or to fund the future purchase of lands by the Corporation. 3. That disbursement of the funds would be subject to the discretion of Niagara Falls City Council. 4. That the Reserve Fund be seeded with an initial deposit of $100,000 from the proceeds of the sale of the lands known as Part 1 and Part 5 on Reference Plan 59R -11659 to Crosslink Bridge approved by Niagara Falls City Council on May 4, 2009. 6. That the by -law comes into effect at the date of its passing. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29, 2009. June 29, 2009. CITY OF NIAGARA FALLS By -Yaw No. 2009 A By -law to establish a reserve fund for the Niagara Falls Sports Foundation. WHEREAS Section 417(1) of the Municipal Act, 2001, as amended, provides that every municipality may establish a reserve fund for any purpose for which it the municipality has the authority to spend money; and WHEREAS on February 23, 2009, Niagara Falls received a deputation and directed staff to work with the Niagara Falls Sports Foundation (hereinafter called the "Foundation and WHEREAS the goals of the Foundation are aligned with the general support that the municipality gives to sports activities; and WHEREAS the Foundation requested City assistance to manage the administration of funds they raise; and WHEREAS the Foundation will raise funds through donations with no City funds being required; and WHEREAS it is deemed desirable to establish the Niagara Falls Sports Foundation Reserve Fund. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That a reserve fund to be known as the "Niagara Falls Sports Foundation Reserve Fund" be hereby established. 2. That City staff manage the administrative functions related to the Reserve Fund. 3. That any monies donated in conjunction with the Niagara Falls Sports Foundation shall be deposited in the Reserve Fund. 4. That disbursement of the funds would be subject to the discretion of Niagara Falls City Council. 5. That the Director of Parks, Recreation and Culture, or designate, be the staff person assigned to liaise with the Niagara Falls Sports Foundation. 6. That the by -law comes into effect at the date of its passing. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29, 2009. June 29, 2009. A by -law to authorize the execution of an Equipment Lease Agreement with St. Catharines Transit Commission, respecting the rental of five buses from St. Catharines Transit Commission to the City to facilitate GO Transit arrivals and departures. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Equipment Lease Agreement dated June 22, 2009 and made between The Corporation of the City of Niagara Falls as Lessee and St. Catharines Transit Commission as Lessor, respecting the rental of five buses from St. Catharines Transit Commission to facilitate GO Transit arrivals and departures, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -ninth day of June, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 29, 2009. June 29, 2009. June 29, 2009. CITY OF NIAGARA FALLS By -law No. 2009 Unit Model Year Serial Number 9156 ORION V 1991 2B 156.9774M5030501 9159 ORION V 1991 2B 1569777M5030508 9265 ORION V 1992 2B156977XN5031055 9986 ORION VI 1999 1VH669P78X6600051 9988 ORION VI 1999 1VH669P73X6600054 1 EQUIPMENT LEASE AGREEMENT THIS EQUIPMENT LEASE AGREEMENT made this June 22, 2009 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 (Hereinafter called the "Lessee AND: ST. CATHARINES TRANSIT COMMISSION 2012 First Street Louth RR #3 St. Catharines, Ontario L2S 3V9 FOR: The following five (5) units: OF THE FIRST PART (Hereinafter call the "Lessor:) OF THE SECOND PART TERMS OF PAYMENT a) Term: Approximately June 24, 2009 to September 7, 2009 b) Payments will be made: Within fifteen (15) days of invoicing by Lessor c) Amount of each rental payment excluding sales tax: Twenty Five Hundred Dollars ($2,500.00) per bus, per thirty (30) calendar days, plus applicable taxes. d) The Lessee may return any number of buses up to and including all five buses, provided that the Lessee has had possession of all five buses for at least thirty (30) calendar days, and provided that the Lessee gives five (5) calendar days notice to the Lessor. After 30 calendar days the rate shown above in paragraph (c) will be pro -rated according to the number of days each bus is in the Lessee's possession. The Lessee is responsible for pickup and return of the buses at the Lessor's garage facility. TERMS AND CONDITIONS OF LEASE 2 For and in consideration of the covenants and agreements by the Lessee to pay the total rental payment herein provided for and to perform the terms, covenants and conditions on the Lessee's part herein contained, the Lessor hereby leases and lets unto the Lessee, and the Lessee hereby leases and takes from the Lessor, the equipment, for the term set forth above (commencing on the date of the first delivery of any of the said equipment to the Lessee) and upon and subject to the covenants, conditions and provisions hereinafter set forth. 1. RENTAL: The Lessor acknowledges that the total monthly rental payment includes unlimited kilometers for the term of the Lease without further charge to the Lessee. 2. REPRESENTATIONS AND WARRANTIES: Each unit of said equipment leased hereunder is a size and capacity personally chosen and selected by the Lessee and the Lessee is satisfied that the same is suitable for its purposes and the Lessor has made no representation or warranty with respect to the suitability or durability or any such representation or warranty expressed or implied with respect hereto. The Lessee renounces the right to any claim or defence against the Lessor relating to said equipment. 3. GOVERNING LAW: This Lease shall be interpreted and enforced in accordance with the laws of the Province of Ontario. 4. EQUIPMENT OWNED BY LESSOR: This Lease is one of leasing only and the Lessee shall not have or acquire any right, title or interest in or to said equipment except the right of the Lessee's and Niagara Falls Transit employees to use or operate said equipment as provided herein. 3 5. ONTARIO LICENCE AND VIOLATIONS: Lessee will pay any and all violations, tickets, fines, moving or otherwise imposed in Canada. Lessee will provide original copies of any violations sent to their office, at which time, Lessee will pay, plead or answer to such commons in accordance with the Laws of the Province. 6. LOSS OR DAMAGE TO EQUIPMENT: Except as otherwise provided in this Lease, the Lessee assumes' the entire risk of loss of or damage to said equipment from any cause whatsoever. No loss or damage to said equipment or any part thereof shall affect or impair the obligations of the Lessee hereunder which shall continue in full force and effect. It is understood and agreed that this Lease shall not prejudice the subrogation rights of any insurance carrier. 7. NO SUBLEASE OR ASSIGNMENT OF LEASE BY LESSEE: The Lessee shall not transfer, deliver up possession of or sublet said equipment and this Lease shall not be assignable by the Lessee without written permission of the Lessor, which permission shall not be unreasonably withheld. Nothing contained herein shall prevent the Lessor from assigning, pledging, mortgaging, transferring or otherwise disposing, either in whole or in part of the Lessor's rights hereunder. The Lessor acknowledges and agrees that the equipment leased to the Lessee will be operated by employees of the Lessee. 8. SAFETY AND MAINTENANCE OF EQUIPMENT: The Lessor will provide a roadworthy vehicle and a mechanical fitness certificate at start of the Lease. The Lessee shall at all times and at the Lessee's own expense keep said equipment in good and efficient working order and repair and shall furnish any and all parts, mechanism and devices required to keep said equipment in good mechanical and working order, provided that the Lessor shall be responsible at its cost to indemnify the Lessee against the cost of "major repairs" (as hereafter defined). The Lessor, its employees and /or agents shall at all times have access to said equipment for the purpose of inspecting it. The Lessee shall be responsible for any and all costs incurred in the operation of the equipment, including but not limited to operations expenses, wages for driver's fines or judgments, disbursements, maintenance, insurance, licences, repairs and capital replacements. In addition, the lessee must maintain the power train as per the manufacturer's requirements. Any failure caused by misuse, neglect or abuse will be at the Lessee's expense. Except as otherwise provided, the rental rate shall be a net rate for the Lessor and the Lessee shall be responsible for any costs, charges, expenses and outlays or any nature whatsoever arising from or relating to the equipment. "Major repairs" means the repair necessary to correct a major power train failure (engine or transmission). The Lessor reserves the right to inspect the failure of the engine or transmission prior to major repairs being undertaken by the Lessee. 4 It is understood that said equipment has been delivered to the Lessee in good mechanical condition. The Lessee is required to maintain the equipment as if it was its own, and in accordance with the safety rules and regulations in effect in the Province of Ontario. In particular, the Lessee must adhere to the following requirements: a) To perform safety inspection in accordance with requirements of the Ministry of Transportation in the Province of Ontario, and in keeping with any and all safety laws in effect pertaining to the operation of such equipment. b) Copies of such inspections must be kept on file, and a copy addressed to the Lessor in the case that any defects are found. c) The Lessee will notify the Lessor immediately of any defects in the equipment and forward a copy of the inspection report. d) Any and all modifications to the equipment must be pre- approved by the Lessor. e) Major repairs will be at the expense of the Lessor provided that: i) there has been no abuse of the equipment; and ii) proper maintenance procedures have been followed. 9. COMPLIANCE BY LESSEE WITH ALL LAWS, ORDINANCES, ETC.: The Lessee shall comply with and conform to all laws, ordinances and regulations present or future, in any ways relating to the ownership, possession, use or maintenance of said equipment throughout the term of this Lease and to the perfect exoneration from liability to the Lessor. 10. EQUIPMENT TO BE KEPT FREE OF LEVIES, PRIVILEGES, LIENS, CHARGES, ETC.: The Lessee shall keep said equipment free of levies, privileges, liens, and encumbrances and shall pay all licence fees, registration fees, assessments, charges and taxes, (Municipal, Province of Ontario and Federal), which may be levied or assessed, directly or indirectly against or on account of said equipment or any interest therein or use thereof. If the Lessee shall fail to pay such licence fees, registration fees, assessments, charge of taxes, the Lessor may pay such licence fees, registration fees, assessment charges and taxes as the case may be in which event the cost thereof shall be forthwith due and payable by the Lessee. 5 11. INDEMNIFICATION OF LESSOR BY LESSEE: Except as otherwise provided in this Lease, the lessee shall indemnify the Lessor against and hold the Lessor harmless from any and all claims actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees, arising out of connected with, or resulting from said equipment including, without limitation, the manufacture, selection, delivery, installation, possession, use, operation or return of said equipment or otherwise on account of any personal injury or death or damage to property occasioned by said equipment or the negligence of employees, servants or agents of the Lessee, or on account of any infringement or alleged infringement of patent occasioned by the operation of said equipment. 12. INSURANCE:: The Lessee shall, at its sole expense, place and maintain, in a form and with coverage and limits acceptable to the Lessor: (a) "all risks" insurance against the loss or theft of or damage to said equipment, for the full replacement value thereof, naming Lessor as an additional insured; and (b) public liability and property damage insurance in the minimum amount of $10,000,000.00 naming the lessor as additional insured, covering any liability in respect of the use, operation, possession or ownership of said equipment. The maximum obligation of the coverage on behalf of the Lessee for repair or replacement of the vehicle in the event of a loss shall not exceed $420,000.00. Such insurance policies shall contain a provision prohibiting termination of the policy except upon thirty days notice by the insurer to the Lessor. However, any insurance coverage acquired hereunder by the lessee shall in no manner restrict or limit the liabilities assumed by the lessee hereunder. The Lessee shall furnish to the Lessor certified copies of the said insurance policies. Should the Lessee fail to obtain such coverage, he shall indemnify the Lessor for any loss of, or damage to, the said equipment. 13. TERMINATION ON DEFAULT: Upon the occurrence of any event of default, the Lessor shall be entitled at its option, exercisable with or without written notice to the lessee, at the discretion of the Lessor, to consider the lessee in default where, at the discretion of the Lessor: a) The Lessee shall be obligated to return said equipment to the Lessor; without further notice, the Lessor may take possession of the equipment and for such purpose the Lessee hereby grants to the Lessor the right to enter the premises at the equipment's location for the purpose of taking possession and waives claims for any damages, whether to property or otherwise, arising out of the taking of possession; b) Terminate this agreement; The Lessee will pay all costs arising or incurred by the Lessor as a result of default, including legal fees on a solicitor and his own client basis and other expenses incurred by the Lessor in attempting to enforce the provisions of this Lease. 6 14. EVENTS OF DEFAULT: Any of the following shall each constitute an "event of default (i) the failure of the Lessee to pay any installment of the rental payment or any other sum due under the terms of this Lease; (ii) the breach of any covenant or condition of this Lease; (iii) the subjection of said equipment to any lien, levy, privilege, seizure of attachment. 15. RETURN OF EQUIPMENT UPON TERMINATION: Upon the termination of this Lease for any reason, the Lessee shall at its cost, return said equipment to the Lessor at a place designated by the Lessor in St. Catharines, Ontario. If the Lessee fails to do so, the Lessor shall have the right to enter upon the premises where said equipment may be and take possession of and remove it at the Lessee's expense, all without legal process. In the event that with or without the consent of the Lessor, the Lessee remains in the possession of or uses said equipment after the expiration of the term of the lease, all the provisions of this Lease shall apply thereto unless and until the same has been returned to the Lessor pursuant to the terms of this paragraph, or the Lessor has relieved the Lessee from its obligations under this Lease with respect to said equipment. Nothing in this clause shall have the effect of extending or renewing the term of this Lease. 16. LOCATION OF EQUIPMENT: The said equipment shall be located and used in the Niagara Falls Transit territory and shall not be removed therefrom without the prior consent of the Lessor. 17. OTHER OBLIGATIONS: a) The Lessee assumes the responsibility to ensure that the equipment is operated in accordance with all the laws regarding road safety, and safe operation of any urban transit bus. b) The equipment remains at all times the property of the Lessor. The Lessee has no right to, interest in or title to the equipment other than as provided in this Lease. c) The Lessee will use the equipment with care and in a prudent manner. d) Registration of the equipment will show the Lessor as the owner of the equipment. 7 18. NOTICE: If any notice or other document is required to be or may be given by either party hereto to the other or by any official under this Lease, such notice shall be transmitted by telefax or mailed by prepaid post of delivered to: Lessee: The Corporation of the City of Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Mr. David Stuart, Transportation Services Lessor: St. Catharines Transit Commission 2012 First Street Louth, RR #3 St. Catharines, ON L2S 3V9 Attention: Mr. David Sherlock, General Manager Fax: (905) 685 -4050 or such other telefax number or address of which a party has notified the Lessee in writing. Any such notice telefax or mailed or delivered shall be deemed good and sufficient notice under the terms of the Lease and if telefax or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays an statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by prepaid registered mail, it shall be deemed to have been received on the third business (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 19. FORCE MAJEURE: For the purposes of the Lease, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of the Lessor or the Lessee, none of which has been caused by the deliberate default or act or omission by such party and none of which has been avoidable by the exercise of reasonable effort or foresight by such party. IN WITNESS WHEREOF the parties hereto have hereunto executed this Lease. EXECUTED this THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: EXECUTED this ST. CATHARINES TRANSIT COMMISSION Per: Per: 8 R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk R. Werner, Chairman D. Sherlock, General Manager Passed this twenty -ninth day of June, 2009. First Reading: Second Reading: Third Reading: June 29, 2009 June 29, 2009 June 29, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of June, 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 29 day of June, 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 of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR