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2009/07/20COUNCIL MEETING Monday, July 20, 2009 Order of Business and Agenda Package N!agaraJaI aga Is COUNCIL MEETING July 20, 2009 PRAYER: Councillor Diodati ADOPTION OF MINUTES: Council Minutes of June 29' 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 Project SHARE 10 Men in a Tent Event Elaine Harvey, Executive Director and the participants of the fundraising initiative will outline the upcoming 10 Men In a Tent Event, August 17 - 21s 2009. Senior of the Year Lois Finkbeiner will be presented with the 2009 Senior of the Year Award. DEVELOPMENT CHARGES 1. Chief Administrative Officer MW- 2009 -53 - 2009 Development Charges Background Study and By -law NOTE: Please bring your Development Charges Background Study - 2 - PLANNING/ CONDOMINIUM MATTERS 1 Chief Administrative Officer PD- 2009 -44 - Condominium Conversion Information Report. 2. Chief Administrative Officer PD- 2009 -51 - Supplement Report (Prior Council Deferral), 26CD -11- 2008 -03, Draft Plan of Condominium (Conversion), 4218 Portage Road (East Side), North of Gallinger Street. Owners: Shaukat & Amina Parekh ( Agent - Al Heywood) PLANNING MATTERS Public Meeting AM- 2009 -004, Zoning By -law Amendment Application Dunn Street ( North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes (Tara) Ltd. (Tara Colaneri) 6 Storey, 58 Unit Condominium Apartment Building. Background Material: Recommendation Report: PD- 2009 -52 -AND - Correspondence from the Region's Planning Dept. Background Material: Public Meeting AM- 2009 -009, Zoning By -law Amendment Application 6570 Frederica Street Applicant: City of Niagara Falls Re -zone for Sale of Surplus City -owned Land Recommendation Report: PD- 2009 -53 MAYOR'S REPORTS, ANNOUNCEMENTS LEGAL MATTERS - 3 - COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Global Public Affairs - Representing Ontario PowerAuthority are requesting August 14 2009 be proclaimed as "Count Me In" Community Challenge in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 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 -29 - Declare Surplus and Sell City -owned Land Abutting 6701 Bellevue Street RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, 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. CD- 2009 -09 - Hunting F- 2009 -38 - Municipal Accounts MW- 2009 -51 - Consultant Appointment Drummond Road Reconstruction Lundy's Lane to McLeod Road MW- 2009 -54 - Contract 2009 -09, Crack Sealing Citywide 2009 -115 2009 -116 2009 -117 4 RESOLUTIONS 1 THEREFORE BE IT RESOLVED that the Minister of Transportation and Ministry staff investigate amendments to the Highway Traffic Act that will allow for the seizure of vehicles, increased fines and any other penalties that will effectively deter the illegal cab trade. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to authorize the execution of an Agreement of Purchase and Sale with Luz Santos respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with Suzanne Backs respecting the purchase of lands, being Parts 13 and 14 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to declare part of Lots 324, 325 and 326 on Plan 44 being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. - 5- 2009 -118 A by -law to authorize the execution of an Agreement of Purchase and Sale with Daniel Stephen Hudson respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -119 The Mayor and Clerk are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program as in Schedule "A" attached hereto. 2009 -120 A by -law to authorize the execution of a Best Efforts Agreement with Andrezj Kepinski, on behalf of a corporation to be incorporated, respecting the City's efforts to determine whether or not certain City owned lands upon which are located the City's transit operations, are surplus to the requirements of the City.(Schedule to be a HANDOUT). 2009 -121 2009 -122 2009 -123 A by -law with respect to Development Charges (HANDOUT). A by -law to authorize the payment of $21,781,713.01 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of July, 2009. NEW BUSINESS Our Community At Work BOARD OF DIRECTORS Jim Ferraro Chairman Brian Pellow Vice Chairman John Carter Past Chairman Bart Mayes City Council Representative Anna Luciano Treasurer Paisley Janvary Pool Secretary Greg Medulun Joyce Morocco Margaret Penca Members Elaine Harvey Executive Director Karen Stearne Selina Volpatti Honourary Member Niagara g11s fA HA pA Niagara /`f Region Building Community. Building Lives. UNITED WAY OF NIAGARA FALLS REGISTERED CHARITY NUMBER 107861338RR0001 Project l S. I.A.R.E. Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Dean: 4129 Stanley Avenue, Unit 2 Niagara Falls, Ontario L2E 7H3 Phone: 905.357.5121 Fax: 905.357.0143 Email: info @projectshare.ca Web: www.projectshare.ca Project SHARE is proposing to embark on a new fundraising initiative this summer that can potentially help the organization significantly at a time when food assistance and financial support is needed most. Starting Monday, August 17 and concluding Friday, August 20, 2009, 10 prominent and local business men that include; Bob Gale, Brian Pellow, Kevin Grealy, Bill Burke, Jim Diodati, Dino Fazio, Tim Parker, David Martineau, Dr. George Zimakas and Mike Ryan are prepared sleep, live and work from the confinements of a large tent that will be situated at the corner of Montrose and Thorold Stone Road. The purpose of this is to create awareness and raise needed funds for Project SHARE. The goal is to raise $200,000 in food and money. We are confident that the event will be a success for not only Project SHARE, but for other charities that will be included as well as for the city of Niagara Falls. A tentative detailed list is attached with this letter in regard to the particulars that will be involved with this event. At this point, we are requesting that we are able to make a presentation to Council in regard to this event on Monday, June 29 At that time, we would like to request Council to grant us a Special Occasion permit for the referred property known publicly as Gales Gas Bar located on the corner of Montrose and Thorold Stone for the dates stated above. We would also like to ask Council to proclaim that week Project SHARE week. We can ensure Council and the residents of Niagara Falls that this event will be beneficial for all involved. Thank you in advance for your assistance on this matter. Sincerely, Elaine Harvey Executive Director - A measure of a community is how it treats those who are disadvantaged Event Title: 10 Men in a Tent Event Purpose: - To raise $200,000 in food and money for Project SHARE and for other charities to benefit. Event Itinerary: Participants to register as clients at Project SHARE Monday, August 17 for 9:OOam. Participants will then head to the tent area located at Montrose and Thorold Stone via Niagara Transit. The tent will be a 20ft. X 20 ft. tent. Each participant will be equipped with a pillow, sleeping bag and hygiene supplies. Porta Potties equipped with wash stations will be on site along with picnic tables and umbrellas. A storage trailer will be on site to host supplies and other miscellaneous inventory that will be needed. Participants will only be able to eat "food bank" staple items for the 5 days. Participants will venture off daily promoting issues that people face who are living in poverty. For example on day 1, they will come to Project SHARE to volunteer in the warehouse to sort food. Charity barbecues will be conducted daily during lunchtime. Charities will be announced shortly (a different charity will benefit from each barbecue). Site plan attached. 10 Men in a Tent Event Site Plan For August 17th to August 21st, 2009 DRIVEWAY FROM MONTROSE Thorold Stone Road 6/23/2009) Dean lorfida RE: Tent Initiative From: To: Date: Subject: Hi Dean "Jeff Guarasci" <development @projectshare.ca> 'Dean lorfida"' <diorfida @niagarafalls.ca> 6/23/2009 3:14 PM RE: Tent Initiative Thanks for the info. I'll let the group know that we can go to Council for the July 20th meeting for the deputation. I will be asking all of the 10 guys and Elaine to come and represent. They will be wearing yellow t-shirts that night. If anything changes, let me know. Thanks for your help Jeff Guarasci Resource Development & Communications Coordinator Project S.H.A.R.E. of Niagara Falls 4129 Stanley Avenue, Unit 2 Niagara Falls, Ontario L2E 7H3 Phone: 905.357.5121 ex.33 Fax: 905.357.0143 Email: development @projectshare.ca Website: www.projectshare.ca "Our Community At Work" Confidential This e -mail and any files transmitted with it are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please notify the sender at (905) 357 -5121 and delete this message immediately from your computer. Any other use, retention, dissemination forwarding, printing or copying of this e-mail is strictly prohibited. Original Message From: Dean Iorfida [ mailto :diorfida @niagarafalls.ca] Sent: June 19, 2009 8:58 AM To: development @projectshare.ca Cc: Cathy Crabbe Subject: Tent Initiative Hi Jeff: Thanks for the correspondence and sorry that we've played phone tag. With regard to Special Occasion Permit, you do not require such a permit or permission from the City. The Gales property on Montrose and Thorold Stone is zoned commercial. The City's zoning by -law permits the erection of tents up to three times a year for special purposes. For example, the Factory Outlet Mall has three tent sales a year. Obviously, your tent event is a one-off event and, therefore, doesn't run afoul with our zoning by -law. The event would not require an alcohol licence (SOP) or a special occasions permit for a road closure. Page (7/14/2009) Teresa Fabbro - Senior Of The Year Award Page 1 1 From: To: Date: Subject: Attachments: Dean: The Senior of the Year Award is an annual award that was established by the government of Ontario to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individual who have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. Hanya Goforth of the Coronation Recreation Centre respectfully requests that this year's recipient, Mrs. Lois Finkbeiner, receive her award at Council. Thank you, Cathy Cathy Crabbe Dean Iorfida 7/14/2009 4:04 PM Senior Of The Year Award 2009 SENIOR OF THE YEAR AWARD.wpd 2009 SENIOR OF THE YEAR AWARD Mrs. Lois Finkbeiner Lois Finkbeiner has been a member and volunteer of the Coronation Centre for 6 years and was recently nominated as Coronation's "Volunteer of the Year ". Throughout the course of time she has provided us with her personal expertise and knowledge by serving on many committees including the Advisory Committee, and Programs & Services Committee. In addition, Lois is a Greeter, she works in our Coronation Clothing Closet as well as volunteering in our Craft House Cafe and helps at most of our special events. When Lois isn't at the Centre (which isn't very often), she also volunteers in and around the City. For the past 5 years, Lois has also volunteered for the Festival of Lights, helps at her church and the local food drive with Project SHARE. She is truly deserving of this award and is an inspiration to other volunteers and our congratulations go out to Lois who is awarded today with the Municipal Volunteer of the Year Award. July 20, 2009 MW- 2009 -53 Niag ar°aJall s His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -53 2009 Development Charge Rates Staff Recommendation and By -Law RECOMMENDATION: It is recommended that City Council; 1. City Council adopt the 2009 Development Charges Background Study subject to the modifications detailed in this report including the attached appendices; and, 2. That the Development Charges By -law, later on the agenda, be approved, including the following specific rates; 3. The Development Charge rate for residential development in the Urban Area be increased from $8,870 /unit to $10,000 /unit; and, 4. The Development Charge rate for non - residential development in the Core Tourist Area be decreased from $3.07/sf to $1.82/sf of gross floor area; and, 5. The Development Charge rate for non - residential development outside the Core Tourist Area in increased from $2.80 /sf to a discounted rate of $4.43/sf; and, 6. It be determined that there is no need to hold an additional Public Meeting prior to the consideration of the new Development Charges By -law. BACKGROUND: The Purpose of this Report The purpose of this report is to present the staff's recommendations on the final calculation of the applicable Development Charge rates and related policies to the Council for their consideration and adoption of the required By -Law. This By -Law will come into effect on July 20 2009 and have a term of five (5) years, unless otherwise amended. The current Development Ch st p urges By -Law (No. 2004 -138) will expire on August 1 , 2009, and in order for the ollect Development Charges from any new development it will be necessary t• e new By -law in place prior to its expiry date. No extensions of the current " e permitted. Working Together to Serve Our Community July 20, 2009 -2- M W- 2009 -53 The Requirements of the Development Charges Act, 1997. The preparation of a Background Study and the hosting of at least one Public Meeting are requirements of the Development Charges Act, 1997 and its accompanying regulations. These regulations set out specific methodology for the calculation of rates and the identification of eligible and non - eligible costs that may be recovered through this process. This exercise involves the analysis of the following data; i) a forecast of the amount, type and location of residential units over the next ten -year period. ii) a forecast of non - residential development anticipated within the City over the next ten -year period. iii) a review of the average levels of service provided by the City over the past ten -year period. iv) a forecast of capital works required to be constructed to accommodate growth over the next ten -year period with appropriate deductions in the capital cost estimates to recognize; • benefits to existing landowners; and • grants, subsidies or private contributions toward the identified projects; and • benefits to new development that may occur beyond the planning period. An important part of the rate calculation is the re- allocation of any development charge funds that have accumulated in the reserve fund over the term of the by -law. The Treasurer of the municipality reports the status of this reserve annually including the submission of a statement to the Ministry of Municipal Affairs. Another important part of the process is the engagement of the public and, in particular, the development community in the rate setting strategy. If the Council is satisfied that issues have been sufficiently vetted through the statutory Public Meeting (held on June 29 2009) then it can determine (at its sole discretion) that no further Public Meetings are required. The Process 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 in report MW- 2009 -23 with some preliminary calculations and invited the public to attend a stakeholders meeting on June 2, 2009. July 20, 2009 - MW- 2009 -53 On June 29 2009, the 2009 Development Charge Background Study (June 12 2009) Final Report was presented to City Council by the consultant during a Public Meeting pursuant to Section 12 of the Development Charges Act, 1997. On that evening City Council adopted the staff recommendations: 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. Staff received general direction from City Council to revisit some of the key development principles included in the consultant's report and requested staff to focus on the technical components of the calculation that resulted in significant increases to non - residential development charge rates. Key Development Principles The City's Official Plan acknowledges the need to secure a healthy Tong -term financial position through its development policies and includes the following framework when considering new development opportunities. Part 4, Sectionl3 - Financial Considerations "13.3 It is a principle of this plan that the cost of servicing new development or redevelopment shall be borne by that development or redevelopment. To finance the net Capital cost of satisfying the service demands and burdens resulting from growth, Council may impose a development charge underthe Development Charges Act and regulations with respect to new growth through development and redevelopment of land. In addition, the City of Niagara Falls may utilize the financing arrangements permitted under the front - ending provisions of the Development Charges Act and regulations." This reference emphasizes the concept that "growth should pay for the impacts of growth" and, notwithstanding the fact that there may be opportunity for sources of revenue other than property taxes and development charges (i.e., grants, donations, reserves, etc.), the intent is clearly to make the development community financially responsible for the impacts they create for the existing rate payers in this community. To this end, and in accordance with Part 4, Section 13, Policy 13.1 of the City's Official Plan, the Five Year Capital Budget approved on April 27 2009 contemplates the collection of approximately $22.28 million in development charge revenues over the same period. Accordingly, the City will only achieve this revenue target by carefully identifying which growth related capital investments are necessary given the reasonable prospects for growth. Providing discretionary exemptions produces a revenue Toss and therefore is an implicit expenditure. If Council is to exempt (in whole or part) an area from development charges, the costs required to service this area cannot be borne by development occurring elsewhere in the City and must be funded by the City from property tax and related sources. As with any government subsidy or program which is designed to influence private sector investment decisions, it is important to ensure that the public expenditure or foregone revenue produces a community benefit of greater magnitude. July 20, 2009 2009 Development Charges Background Study Conclusions Based on feedback received from Council at the Development Charges Workshop on January 29 2009, and directions from staff, the consultant prepared preliminary calculations which have now been updated and adjusted to reflect the best information available to date. These rates represent the amounts which should and can be recovered based on the City's Capital spending plans and other assumptions responsive to the requirements of the Development Charges Act, 1997. For the purposes of this report the Executive Summary has been attached as Appendix 'A' however in order to understand the complex nature of this calculation, the reader should refer to the full report (dated June 12 2009) for the complete supporting documentation. Some important policy modifications were incorporated into the new calculation to generally reflect the practices in other municipalities. These key policy changes were; 1. Elimination of the Area - specific Development Charge for the Core Tourist Area so that all residential and non - residential development charges would be calculated on a City -wide basis. 2. Removal of the distinction in the rate structure for bachelor and one - bedroom apartments vs. two+ bedroom apartments. 3. Minor changes to the descriptions in the By -law for; • agricultural uses; • granny flat; • parking structure; • place of worship; and, • non - residential use. - MW- 2009 -53 4. Exemptions for granny flats, municipal housing projects, parking structures and places of worship. 5. Consideration for the phasing -in of any increases in the Development Charge rates over an appropriate period of time. 6. Removal of an exemption for a development charge paid pursuant to a Subdivision Agreement and for residential lots registered prior to January 1S 1962. The Development Charge rates in the June 12, 2009 Background Study were calculated to be as follows; Development Type Residential: Current Charge: Proposed Charge: (per unit) (per sf.) Single and Semi - Detached $8,870 $9,686 Apartments (2+ Bedrooms) $4,656 ' $5,269 Apartments (Bachelor, 1- Bedroom) $3,554 $5,269 All Other Dwellings $5,703 $6,457 July 20, 2009 Non - Residential: Core Tourist Area (CTA) Outside Core Tourist Area (OCTA) - MW-2009-53 Current Charge: (per unit) $3.07 $2.80 Proposed Charge: (per sf.) $5.40 $5.40 A more comprehensive breakdown of this calculation is included in Table ES -1 included in the Executive Summary attached in Appendix 'A'. The gross growth - related Capital Costs projected over the ten (10) year planning period was estimated to be $107.2 million. Of this amount, $55.2 million (51.5 %) was determined to be recoverable from Development Charges. The overall allocation of costs between residential and non- residential was determined to be approximately 65 % -35% respectively. See Table ES -2 in Appendix 'A' for more details. The most significant rate change was in the area of non - residential development where increases of 76% and 93% would need to be absorbed by developers in the Core Tourist Area and Outside the Core Tourist Area respectively. The consultant notes in the report that the primary purpose of development charges is to enable the City to put in place the needed servicing in a manner that serves the best interest of the City as a whole. Using a Core Tourist Area charge was appropriate back in 1999 and 2004 when a significant number of infrastructure projects were needed to accommodate the proposed growth in this specific area of the municipality. This issue is contentious and has been contested in the two previous Development Charge By -Laws. The distinction achieves the objective of allocating costs to those who directly benefit from the required projects but tends to create an uneven "playing field" by making certain properties more expensive to develop. Accordingly, the Background Study recommends that the City consider the application of a City -wide Development Charge that focuses on allocating financial responsibility to the broader development community rather than those properties within a confined area of the municipality. In so doing, the City will be in a better position to meet the Development Charge revenue targets needed to fund the growth- related projects in its Capital Works . program and diversify the risks commonly experienced with tourism - related development. Stakeholder Comments and Council Feedback The current economic conditions have played a key role throughout the process, not only with the challenge of determining reasonable growth projections but also from the perspective of affordability. At the Development Charges Workshop the Council received feedback from the Niagara Home Builders's Association and River Realty (1976 Developments Ltd.) that emphasized the need to balance necessity with reasonableness. Suggestions were made to freeze the current rates until the economy showed signs of recovering. Issues raised at the June 2n 2009 Stakeholder's meeting focused on preliminary numbers that proposed modest increases to residential rates ($8,870 to $9,569 /unit) but significant increases to the non - residential rates ($2.80 and $3.07 to $5.36/sf). These rates were refined from the purposes of the June 12 2009 Background Study. Staff was questioned regarding the appropriateness of moving toward a City -wide non - residential charge given the justification for imposing it in the previous By -Laws. The participants noted that the Core July 20, 2009 Tourist Area (CTA) developers had paid a higher rate than Outside Core Tourist Area (OCTA) developers, based on the fact that a disproportionate amount of Capital projects were required in the CTA. Now that most of these projects have been built it would seem unfair to require CTA developers to contribute to the sizable costs of infrastructure improvements that are well outside of their impact area and of little direct benefit to them. Participants pointed out the fact that Development Charges, like other soft costs (i.e., Parkland dedication, etc.) are typically not funded by major financial institutions and that these up -front expenditures can be major impediments to development especially in uncertain economic times. Other questions concerned the foregone Development Charge revenue that would have otherwise been collected from Industrial development if these lands were not granted an exemption. At the Public Meeting on June 29 2009, many of these issues were reiterated noting that Council should have regard for the following: -6- MW- 2009 -53 the current economic conditions; the rationale for which the Core Tourist Area was originally established; the increases proposed at the Regional level; and, the importance of tourism - related development to the community. Correspondence was received from Broderick & Partners (Gilberti) and three letters from Sullivan Mahoney (Vacca) dated June 29 2009 and June 26 2009 respectively and is attached in Appendix 'B'. As mentioned previously, some members of Council expressed concern over the impacts of the proposed rate increases and directed the staff and consultant to prepare calculations that would reduce the new rates to reflect the stakeholder's comments. In particular, Council requested the following three scenarios; 1. Examine opportunities to reduce the list of Capital Projects that were attributable to growth particularly in years 6 to10 of the forecast. 2. Examine the effects of reinstating the Core Tourist Area Development Charge for non - residential development as opposed to the City -wide Development Charge proposed in the Background Study. 3. Examine the effects of allocating the debt attributable to the Garner /SW and Grassy Brook Sanitary Service Areas to that specific benefitting area. Staff Comments and Rate Analysis In response to the stakeholder feedback and Council's direction staff has been working with the consultant and has prepared the following calculations; Scenario 1 - Reduce the scope of the works in years 6 -10 Staff reviewed the list of projects and focused on road and sidewalk improvements which make up the majority of the costs in the calculation. Staff identified approximately $16.4 July 20, 2009 - MW-2009-53 million in projects that could be eliminated from the rate calculation based on the speculative nature of the timing of development on the adjacent lands. As a result, the figures were recalculated as follows: Current Development Charge New Development Charge (per SDU) (per sf.) Residential: $8,870 Non- Residential: CTA $3.07 OCTA $2.80 Residential: $8,646 Non - Residential: City -wide $4.67 This proposal has the net effect of lowering the residential rate by $224 but increases the CTA and OCTA non - residential rates by $1.60 (52% ) and $1.87 (67 %) respectively. While this scenario achieves the objective of reducing the overall rates it does not address the specific concerns of the Core Tourist Area developers. For additional details refer to Table ES -3 (pg. A -3) in Appendix `D'. Scenario 2 - Re- Instate a Core Tourist Area Charge In order to complete this analysis a definition of the Core Tourist area was needed. The area is essentially the same area as in the previous Development Charge By -Law (No. 2004 -138) with the exception of a small node along Ferry Street that overlapped with lands already included in the Historic Drummondville C.I.P area. The new Core Tourist Area is described graphically as Appendix `C'. Urban -area services located within or directly beneficial to this area were calculated separately for the purposes of establishing a Core Tourist Area charge. The reduced project list used in Scenario 1 was also carried through to produce the following results: Current Development Charge New Development Charge Residential: $8,870 Residential: $10,000 Non- Residential: Non - Residential: CTA $3.07 CTA $1.82 OCTA $2.80 OCTA $6.06 This scenario increases the residential development charge by $1,130 /unit (13 %) and the OCTA charge by $3.26 /sf (116 %). This proposal does achieve the objective of significantly reducing the CTA charge by $1.25/sf (41%). For additional details refer to Table ES -3 (pg. B -2) in Appendix 'D'. Scenario 3 - Implement A Special Area Charge for Garner /SW & Grassy Brook The area - specific charge for the Garner /SW and Grassy Brook Sanitary Service Areas (GGBSA) is intended to recover the debt costs associated with the construction of pumping stations and associated works designed to benefit this area specifically. July 20, 2009 - 8 - MW-2009-53 Current Development Charge New Development Charge Residential: Residential: City -wide $8,870 GGBSA $11,115 Other $7,395 Non- Residential: Non - Residential: CTA $3.07 CTA $1.82 OCTA $2.80 OCTA $4.34 GGSBA $7.28 This scenario has the effect of raising the rates by $2,245 /unit (25 %) for residential development and $4.48/sf (160 %) for non - residential development in the GGSBA. The non- residential rate for the OCTA and GGSBA also increases by $1.54/sf (55 %) and $4.48/sf (160 %) respectively. While this scenario achieves the objective of allocating costs to the benefitting area, it also creates an uneven "playing field" for developers wanting to advance their projects in that area. Residential development in the GGSBA will be required to pay about $2,245 more per unit. This difference in rate may I likely have a significant impact on the rate of growth in this area and more importantly increase the City's risk of not recovering sufficient funds to cover the debt costs for which the City is already committed. Conclusions The setting of Development Charge rates should be done strategically and designed to generate enough revenue to fund the identified projects without creating a financial impediment to sustainable growth. The 2009 Development Charges Background Study has identified the rates that are needed to achieve this goal. Subsequent discussions with the development community and consideration of the current economic conditions have encouraged staff to look at ways in which to "soften the impact" of large increases to allow developers to adjust their respective business plans accordingly. Some measures adopted by municipalities to moderate the impact include; Phasing -in : Stepping the rates from the current to the proposed over the term of the by -law or shorter period. • Freezing : Delaying or postponing the proposed increases for a period of time. • Annual Indexing : Discontinuing annual adjustments for inflationary costs. • Exempting : Foregoing the collection of development charges in certain areas or for particular uses. • Capping : Limiting the amount of development charges after a certain density, height or gross floor area threshold. July 20, 2009 - 9 - MW- 2009 -53 Discounting : Accepting less than the required rate. Deferring : Delaying the timing of the payment. • Trimming : Reducing the Capital Project program. The first six methods will result in the need to find alternative financial resources to fund the projects that make up the calculated rates. Deferring the timing of payment is generally ineffective if the municipality requires the deposit of securities or a Letter of Credit to guarantee payment. Trimming is essentially what has been proposed in Scenario 1 of this report and previously undertaken. While the development charge exemption offered to all industrial development has not proven to act as an incentive to stimulate growth in this sector it is generally regarded as an attractive option that should remain in place. Most of the municipalities in the Niagara Region have adopted this policy. Likewise, the partial development charge exemptions offered through the Historic Drummondville, Downtown and Brownfields Community Improvement Plans should also stay in the new By -Law as some momentum has been gained in each of these areas. The residential development community typically has a longer term perspective because most of their projects are built -out over a 3 -5 year period. The non - residential development sector has a very short term focus because their decision to proceed with their projects depends heavily on current market conditions. Accordingly, it is reasonable to assume that large increases in development charge rates can be absorbed more easily by residential developers. Residential developers are also only required to pay the Urban Services portion of the applicable development charge at the time the Subdivision Agreement and Plan of Subdivision are registered. The remaining portion of the charge is paid at the Building Permit stage. This is different from the non - residential developers who are required to make their complete Development Charge payments at the beginning of their projects. Staff Recommendation After careful consideration staff is recommending that the Council approve the residential rate ($10,000 /sdu) and CTA non - residential rate ($1.82/sf) outlined in Scenario 2. With regard to the OCTA rate, staff recognize that an immediate increase from $2.80/sf to $6.06 /sf would have a significant impact on any commercial development. In order to mitigate the effects of the new rate increase staff recommend that the OCTA rate be discounted to a rate of $4.43/sf. This value represents the median value of the calculated increase. The complete rate schedule is attached as Appendix 'E'. July 20, 2009 Recommended by: Approved by: Respectfully Submitted by: Geoff Ho Ed Dujlovic, E Attach: S:IREPORTS120091MW- 2009 -53- Development Charge Report.wpd -10- MW- 2009 -53 'rector of Municipal Works utive Director of Community Services Ken Todd, Chief Administrative Officer APPENDIX `A' EXECUTIVE SUMMARY Watson & Associates Economists Ltd. H:INiagFalliDC 2008Idc background study. doc EXECUTIVE SUMMARY 1. Purpose of this Background Study 1.1 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. N.•tNiagFalllDC 20081dc background study.doc (t) ncludes debenture payments for sanitary sewerage works. Watson & Associates Economists Ltd. Table ES-1 City of Niagara Falls Comparison of Development Charges 2,157 + 1,929 from Table C -2 6/10/2009 11:53 AM 1.48 4 1.32 trom Table C -3 Niagara Falls DC 2008,xis Residential Per Single Detached Unit Full Non - residential Charge Per S9. Ft. of GFA Current Aug 2, 2008 Calculated Herein Change Current - Aug 2, 2008 Calculated Herein Change (Compared to Core Tourist Area) Core Tourist Area Outside the Core Tourist Area A. Municipal Wide Charge 1 General Government 155 274 2.8% 119 0.14 0.14 0.19 3.5% 0.05 Fire Protection 353 - 0.0% (353) 0.34 0.32 - 0.0% (0.34) Parks and Recreation 1,800 1,848 19.1% 48 0.05 0.05 0.11 2.0% 0.06 Library 678 235 2.4% (443) 0.02 0.02 0.01 0.2% (0.01) Roads and Related 1,610 2,702 27.9% 1,092 1.73 1.73 1.91 35.4% 0.18 Transit 242 295 3.1% 53 0.21 0.21 0.21 3.9% (0.00) Sub -total 4,838 5,354 55.3% 516 2.49 2.47 2.43 45.0% (0.06) B. Additional Charge Urban Area Sewer, Water, Drainage 3,568 4,086 1 42.2% 518 0.35 0.29 2.80 ' 51.9% 2.45 Sidewalks 464 246 2.5 "/ (218) 0.24 0.04 - 0.17 3.1% (0.07) Sub -total 4,032 4,332 44.7% 300 0.58 0.32 2.97 55.0% 2.39 TOTAL $ 8,870 $ 9,686 100.0% $ 816 $ 3.07 $ 2.80 $ 5.40 100.0% $ 2.33 ncludes debenture payments for sanitary sewerage works. Watson & Associates Economists Ltd. Table ES-1 City of Niagara Falls Comparison of Development Charges 2,157 + 1,929 from Table C -2 6/10/2009 11:53 AM 1.48 4 1.32 trom Table C -3 Niagara Falls DC 2008,xis MUNICIPALITY: TABLE ES-2 INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION City of Niagara Falls Service General Govemment Parkland Development and Equipment Major Recreation Facilities Library Roads Operations Transit Sidewalks Water Sanitary Sewer (including debt principal) Storm Water Management Gross Capital Cost Est. 2,682,500 4,326,750 18,065,764 1,013.700 32,573,317 1,592,000 4,220,000 3,232,047 8,404,050 16,297,347 14,794,795 107,202,270 Ineligible re: Level of Service 2,510 12,677,478 2,204,893 14,884,881 Eligible Increase !n Need 2,682,500 4,324,240 5,388,286 1,013,700 32,573,317 1,592,000 2,015,107 3,232,047 8,404,050 16,297,347 14,794,795 92,317,390 Benefit to Existing Development 1 841,250 1,598,912 538,829 50,685 6,364,996 79,600 100,755 859,983 2,208,686 634,813 5,689,311 18,967,819 Less: Post Period Capacity 7,786,872 977,080 2,013,261 4,692,144 1,625,731 17,095,088 Other (e,g. 10% Stat. & Grants, Landowner Contributions) 25,275 272,533 484,946 96,302 191,435 1,070,490 Potential DC Recoverable Cost Net Costs Benefiting New Development 1,815,975 2,452,795 4,364,512 866,714 18,421,449 1,512,400 1,722,917 1,394,984 4,182,103 10,970,390 7,479,753 55,183,992 Residential Share 1,089,585 2,330,156 4,146,286 823,378 11,052,869 907,440 1,033,750 836,991 2,509,262 6,582,234 4,487,853 35,799,803 Non- Residential Share 726,390 122,640 218,226 43,336 7,368,579 604,960 689,167 557,994 1,672,841 4,388,156 2,991,902 19,384,190 Inclusive of post planning period capacity, where applicable. Watson & Associates Economists Ltd. 6h1/2009 1 1:35 AM Niagara Falls DC 2008.xls - $14.9 million Beyond 10 year Service Level Cap - $19.0 million Benefit to Existing Development - $17.1 million Post Period Capacity - $1.0 million Subsidies, Other Contributions, and 10% Statutory Deduction $52.0 million 2.3 Table ES -3 sets out the existing and calculated charges by type of dwelling unit. 3. Council Approvals Sought (iv) At this stage in the process, the Background Study and proposed DC by -law are being provided for information purposes, as part of the consultation process. At such time as that process is complete and final DC recommendations are made to Council, approval will be sought for: • the 2009 DC by -law; • the Background Study, including the development forecast, the development- related capital program, the DC calculation and associated material, subject to any Addendum which may be produced prior to by -law adoption. 4. Area-specific Development Charges 4.1 The City has had a separate non - residential development charge for the Core Tourist Area (CTA) versus the balance of the Urban Area, since 1999. This was done in order to ensure that the significant infrastructure requirements needed by the CTA were funded by the substantial amount of tourism - related development which occurred in that area. Much of this program has been put in place and the rationale for an area - specific charge is less apparent. In addition: a) The Core Tourist Area represents a major tourism attraction for the City and the servicing implications of tourists extend beyond the boundaries of the CTA and throughout the City with respect to road requirements and other servicing needs. It is therefore questionable to restrict a CTA- specific charge only to those works which are located within the CTA or in its immediate vicinity. b) For the reason noted above, area - specific charges tend to be controversial in terms of the boundaries of the areas to which they apply. For example, disagreements previously arose as to whether the major storm drainage project benefiting part of the CTA was properly chargeable to development throughout the CTA. Watson & Associates Economists Ltd. H: tNiagFa/ADC 20081dc background study.doc TABLE ES -3 CITY OF NIAGARA FALLS 2009 CITY -WIDE DEVELOPMENT. CHARGE CALCULATION Development Type Residential (Per Dwelling Unit) Single & Semi Detached Apartments 2 Bedroom and Larger Apartments Bachelor and 1 Bedroom All Other Dwellings Non- Residential Development per sq.ft. (gross floor area) Core Tourist Area Outside Core Tourist Area Existing Charge $8,870 4,656 3,554 5,703 $3.07 $2.80 Calculated Charge } $9,686 $5,269 $6,457 } $5.40 Watson & Associates Economists Ltd. 6/11/2009 11:29 AM niagara falls dc 2008.xis c) The primary purpose of development charges is to enable the City to put in place the servicing requirements required by growth and in the best interest of the City as a whole. This objective is most readily achieved via a uniform City -wide charge for all services (other than sewer and water which are not provided in the rural area). 5. Acknowledgements Watson & Associates Economists Ltd. H:1NIagFallDC 2OO8ldc background study.doc (vi) The consultant wishes to acknowledge, with appreciation, the guidance, input and considerable efforts of Geoff Holman and Rick Volpini and the numerous City staff from all Departments who were involved in the production of this Background Study. APPENDIX `B, 4625 Ontario Ave, P. 0. Box 897 Niagara Falls, ON Canada L2E6V6 tel 905.356.2621 X9 broderickpartners.com 1.1. Broderick Q.C., L.S.M. LAW SOCIETY CERTIFIED CIVIL LITIGATION SPECIALIST W. A. Amadio 1. B. Hopkins G. A. Kirkham 1. M. Giiberti FLUENT IN ITALIAN & FRENCH R. B. Burns E. P. Lustig M. DiGirolamo Z. Saskin D. F. Marinelli ( -1 997) DELIVERED June 29, 2009 Attention: Dear Sirs: City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Mayor Ted Salci Members of Niagara Falls City Council and to City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dean Iorfida, City Clerk BARRISTERS & SOLICITORS Broderjck& Partne Effective legal sere'. Re: 2009 Development Charges Background Study Public Input Meeting, July 29, 2009 As you are aware, we act as solicitors for many tourism/hospitality owners, operators and developers. We have had an opportunity to review the Staff Report to be presented to you tonight. Our comments will be based upon the concerns of our clients as they pertain to the proposed significant increase in the square foot charge from $3.07 to $5.40 for the Core Tourist Area, which is now being re- phrased as "Non- Residential Development" in the current 2009 Study. We are all aware these are "trying and challenging times" and the current world economy is experiencing great difficulty. Our City has certainly felt its share. We have witnessed the departures of many industrial and manufacturing businesses from our City over the last several years and the everlasting negative impact from same. However, this trend seems to continue! For example, the proposed loss of numerous jobs with the recently announced closure of the EdScha factory. With these declines to our industrial /manufacturing base, and for many other reasons, tourism has become vitally important to our economic situation in Niagara Falls. Tourism in Niagara Falls provides a significant number of jobs, a substantial tax assessment, does not drain many of the City's services or amenities and tourism development absolutely provides important contributions to the City's development charge reserve. However, to significantly increase the "Non- Residential" Development Charges for the next five (5) years, would serve only to stifle tourism development. Please remember these charges are considered "soft costs" to hospitality lenders, and are to be covered solely by the tourism developer. Lenders will not consider city and regional development charges, approval costs, 2 % parkland dedication, streetscaping or bonusing contributions, and building permit charges, as "hard costs ". In order for tourism development to occur, all these "soft costs" must be covered by the developer's own financial abilities, and that is even before a shovel can be placed into the ground. The combination and sum total of all these costs is enormous! If you were to substantially increase the "Non- Residential" Development Charges for the next five (5) years, as proposed by the 2009 Background Study, to compensate for a faulty development charge reserve as a result of premature spending or overspending in the residential or non tourist related areas in the past, you will be creating not only a non- equitable and unreasonable situation, but also hindering any further tourism development. Tourism appears to be the last sustainable major industry we have left in our community. You must consider the tragic consequences that may occur if tourism development comes to a halt in Niagara Falls. We cannot afford to turn our backs on tourism development because the negative "spin -off' effects are tremendous! We respectfully submit that you consider not imposing any increases to the Non - Residential Development Charges. We kindly request that we be provided with the Final Staff Report, outlining any options that may be considered by you, in advance of the July 20 meeting, in order that we can obtain our various clients' instructions. We thank you for your attention and careful consideration to this matter. Yours very truly, BROIY C'& P :' T ERS LLP IMG:ays M. e, ILBERTI Jun,26. 2009 3:39PM Sullivan Mahoney — Niagara Falls No, 3679 P. 1 MAG. FALLS Cil-R 54 : June 26, 2009 via fax #905- 374 -3557 (originals by mail) His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 via fax 0905356 -9083 (originals by mail) Dean Iorfida, City Clerk City of Niagara Palls 4310 Queen Street, P,O, Box 1023 Niagara Falls, ON L2E 6X5 Dears Sirs: Re: Our Client: Niagara 21" Group Inc. 2009 Development Charges Background Study Final Report (Watson & .Associates Economists Ltd.) We act as the solicitors for Niagara 21 Group Inc. We have had an opportunity to review the Executive Summary of the Development Charges Background Study. With respect to the non - residential development charge, the proposed 759% increase in the per square foot charge from $3.07 to $5.40 is of utmost concern to our client. As Council may be aware, our client has development approvals in place for the development of at least two new hotel buildings, Given the current economic conditions, our client has reluctantly been forced to delay construction. Any increase in development charges at this time would only stifle future development. As Council would appreciate, the commercial and tourism industry has taken a more prominent role in the City's economy given the decline in the manufacturing and other industries. The imposition of an increase in the development charges would only serve to act as a hindrance to further development and a substantial step backward during these challenging times. The consequences are obvious. If development does not proceed then the City does not collect any development charges and more importantly, does not receive the benefit of increase tax assessment. More importantly, less development only results in fewer new jobs being created in the tourism industry. n Muratori, Q.C. . J. M, Gohti S. J. Premi N. L. Peduraru P a. Bedard R. B. Culliton C. D'Angelo L. K. Parsons 40 Queen Street, P.O. Box 1360, St. Catharines, Ontario L2R U2 Telephone: 905.698.6666, Facsimile: 906,688.681a 4781 Portage Road, Niagara Falls, Ontario L2E 881 Telephone: 905.357.0500, facsimile: 905.357.0501 Www Please Reply to Niagara Palls Office T. A. flichardson P, M. Sheehan W. B. McKsig • J. D a — — J. R. Bush R A.'Mahoney B.A. Macdonald D.A. W MCe R.Vecca T. Wall KA.Book 8. J. Bo J. Troup p G. ,a C. J. Bittle J. P. Maloney S. E. Wells S• M. F. Adams Counsel (Commercial Law): M.D. Kriluct Jun, 26. 2009 3:40PM Sullivan Mahoney— Niagara Falls No. 3679 In summary, it is our respectful submission that Council consider no increases to the non - residential development charge given the dire consequences of same. We would formally request that we be provided a copy of the final report well in advance of the July 20, 2009 meeting, Yours truly, SULLIVAN MAHONEY LLP Per Ro o Vacca RV:jb c.c, Niagara 21' Group Inc. 2 • Jun, 26. 2009 3:40PM Sullivan Mahoney — Niagara Falls No. 3679 June 26, 2009 via fax #905 - 374 -3557 (originals by mail) His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Palls, ON L2E 6X5 via fax #356 -9083 (originals by mail) Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street, P.O, Box 1023 Niagara Palls, ON L2E 6X5 Dears Sirs: Re: Our Client: Above The Falls Inc. 2009 Development Charges Background Study Final Report (Watson & Associates Economists Ltd.) We act as the solicitors for Above The Falls Inc, We have had an opportunity to review the Executive Summary of the Development Charges Background Study. With respect to the non-residential development charge, the proposed 75.9% increase in the per square foot charge from $3.07 to $5.40 is of utmost concern to our client, As Council may be aware, our client has zoning approval in place for the development of one new hotel tower adjacent to the existing Sheraton Fallsvievv and has future development plans for this site and related lands. Given the current economic conditions, our client has reluctantly been forced to delay construction, Any increase in development charges at this time would only stifle 'future development. As Council would appreciate, the commercial and tourism industry has taken a more prominent role in the City's economy given the decline in the manufacturing and other industries. The imposition of an increase in the development charges would only serve to act as a hindrance to further development and a substantial step backward during these challenging times. The consequences are obvious, If development does not proceed then the City does not collect any development charges and more importantly, does not receive the benefit of increase tax assessment.. More importantly, Iess development only results in fewer new jobs being created in the tourism industry, V. F. Muratori, 0.C. P B, Bedard J. M. Gott!' R, B. Culliton S, J. Premi C, OAnOelo N. L. Paduraw L. K. Parsons 40 Queen Street, P.O. Box 1360, St Catharines, Ontario UR 62 Telephone: 90 Facsima: 805,608.6614 4781 Portage Road, Niagara Falls, Ontarie L2E 681 Teephone: 905.357.0500, Facsimae: 905.3570501 wwrwSUllNanrmahoneycom t A. Richardson P M. Sheehan W. B. McKaig J. R. Bush P.A. Mahoney B. A. Macdonald R. Vacce T. Wall K. A. Book C. J. Bittle J. P. Maloney S. E. Wells Counsel (Commercial Law1: M.D. Kriluck Please Reply to Niagara Falls Office J. Dallas M. J. Bonomi B. J. Troup P. A, Goslln G. W. McCann M. F. Adams Jun, 26. 2009 3:40PM • Sullivan Mahoney— Niagara Falls No. 3679. P. 4 In summary, it is our respectful submission that Council consider no increases to the non - residential development charge given the dire consequences of same. We would formally request that we be provided a copy of the final report well in advance of the July 20, 2009 meeting, Yours truly, SULLIVAN MAHONEY LLP Per; Roc Vacca P.V:jb c.c. Mon 'T'hc Falls Inc. 2 Jun. 26. 2009 3:40PM Sullivan Mahoney— Niagara Falls No, 3679 P, 5 June 26, 2009 via fax 11905- 379 -3551 (originals by mail) His Worship Mayor Ted Saloi and Members of the Municipal Council City of Niagara Falls . 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 via fax #356 -9083 (originals by mail) Dean Iorfida, City CIerk City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dears Sirs: Re: Our Client: Warren Woods Land Corporation 2009 Development Charges Background Study Final Report (Watson & Associates Economists Ltd.) Please Reply to Niagara Palls Office We act as the solicitors for Warren Woods Land Corporation. Our client has had an opportunity to review the Development Charges Background Study and through its consultant, Mr. Martin Heikoop of Upper Canada Consultants, has had discussions with City staff. Our client's comments are specifically related to the calculation and allocation of storm water management infrastructure costs as outlined at page B -52 of the Background Study, a copy of which is attached hereto. In addition, we are attaching a copy of Mr. Heikoop's electronic mail message of June 19, 2009 to Mr. Volpini and Mr. Holman which sets out the details of our client's concerns in this matter. 40 Queen Street, 80. Box 1380, 51. Catharines, Ontario L28 622 Telephone: 905.688.8655, Facsimile: 908688.5814 4781 Portage Road, Niagara Falls, Ontario L2E 681 Telephone: 905.3570500, Facsimile: 806.3620501 • www.sullivan•mahaney.com V. F. Muratori, O.C. P. 8. eedard T. A Richardson P. M. Sheehan W 8, MCKaig J. M. Gottli R. 6. Culliton J. R. Bush P. A. Mahoney B. a Macdonald J. Dallel D. A. Geslin S. J. Premi G. Dangeta R, Yacca T, Wail K. A. Book M. J. Banomi G. W McCann 14. L. Paduraru L. K. Parsons C. J. Biala J. P. Maloney . J. Troup M. F. Adams ay S. E. Wells Counsel (Commercial Law): M.D. Krituck Jun, 26. 2009 3:41PM Sullivan Mahoney— Niagara Falls No, 3679 P. 6 In short, our client is requesting that Council direct staff to review the following matters referenced in page B -52 of the Background Study and report back to Council as soon as possible: 1. Project Number DC -D4 (Warren Creek Channel Realignment Phase 1 & H and Pond Construction) — The background study estimates a gross capital cost of $1,525,235.00 whereas our client is of the opinion that the gross capital cost estimate ought to be $3,000,000.00, the specifics of which are contained in Mr. Heikoop's electronic mail message; 2, Project Number DC -D6 (Warren Woods Subdivision — East and West Channel and Pond Land Purchase) - The background study estimates a gross capital cost of $1,133,165.00 whereas our client is of the opinion that the gross capital cost estimate ought to be $2,672,400.00, the specifics of which are contained in Mr. Heikoop's electronic mail message; 3. It is our client's position that the background study has omitted the Iand cost for the Brown Road box culvert for Warren Creek which is estimated to be $300,000.00; and 4. Our client is requesting that the "benefit to existing development" for Project Numbers DC -D4, DC -D5 and DC -D6 be further reviewed. We do not accept the proposition that there is no benefit to existing development in the area which existing development includes the Garner Estates Subdivision, Deerfield Estates Subdivision; a portion of the Edgewood Estates Subdivision and other smaller subdivisions in the area in respect of Project Numbers DC -D5 and DC -D6 and further that there is only a 25% benefit to existing development for Project Number DC -D4. Finally, our client is hopeful that the development charges By -law will be implemented and that the capital works included in the Background Study will be completed in a timely manner so that future development and growth can occur. As such, our client is hopeful that Council will commit and obtain the necessary funds to build the necessary upfront infrastructure (watercourses, pumping stations, etc.) on the understanding and expectation that these funds will be recovered by the City through development charges as development occurs in the future. We thank you in advance for your attention to this matter. Yours truly, SUL .. VAN MAHONEY LLP Per; occo Vacca lZVl:jb Encl. c.o. Warren Woods Land Corporation — Attention: Robert O'Dell Upper Canada Consultants — Attention; Martin Heilroop 2 Jun.26. 2009 3:41PM Sullivan Mahoney— Niagara Falls No, 3679 Martin Heikoo From: Martin Helkoop Sent: Friday, June 19, 2009 8:30 AM To: Rick VoIpinl Cc: Geoff Holman; Ed Longhouse Subject: Warren Woods / Warren Creek Development charges. Hi Rick Further to my discussion, please review the development charge numbers shown as DC -D4, and DC -D6 I have shown what I believe may be more accurate. 1, DC -D4 [warren Creek channel realignment Phase 1 and Phase 2 and Pond Construction, This item should also includes the Swm Pond ,Channel through Badger lands, the culvert crossing of Mcleod Road, modifications to the Garner Estates pond north of McLeod road, Culvert crossings of Kalar road down stream of the channel and also north of the east branch as follows - Swm pond $200,000 - East Branch- $500,000 -west Branch- Warren Woods $900,000 -West Branch Badger Lands $350,000 McLeod Culvert /Garner pond modifications $300,000 - Kalar road box culvert south $150,000 - Kalar road box north $150,000 Subtotal $2,550,000 15 % engineering and contingency $382,500 Total $2,935,000 say $3,000,000 2, DC -D6 Warren Woods land and Badger Land -Pond , East branch 7.613 t 2.241 = 9.854 ac * $100,000 = $985,400 -West Branch warren woods 11,87 ac * $100,000 = $1,187,000 -West Branch Badger 4.82 ac= $500,000 Total $2,672,400 Also additional items for consideration I don't know if the 2 sections of land for the creek lands have been purchased from Hydro for the East and west branch of the creek if not this should be included The Brown road box culvert for the Warren creek should be included $300,000. There is a good posibility the lands at the nort east corner of Brown and Kalar road will develop in near future and we need this culvert installed, Also as discussed the % existing v.s. new development should be reviewed. If you need addition information ].et me know. Thanks Martin 1 SERVICE: Storm Water Management Project increased Service Needs Attribolatt7eto Anticipated Developrnant Tom- 2O99.201.9 tweedy Inclined DC-D1 ' Garner Nrelghbourhded ()nesting (N 1 2900 -2009 , 3679.905 010 ao incurred During Tenn of Pre2osed firbw .00.02 NonSireel Slorrn -Sttnley Avenue to Slater Avenue (35) 230932014, 1E0000 CP09 !attend Road - Kelm' Road to Pin Dab Drive (1) 2039.2014' DC-04 Warren CreeA Channel Realignment Ftlgse 1& 2and PeneCotmeuodon (NO) 3 2094314 t.525.235 00-05 Warren Woods Sut7dv0sioo Phase 1 & 2 Orme:YiG of Sew& Sri em (ND) 2039 -2014 • . arrvi= . '0[•1,:-61 -�. j.:ara� ai1.1,,- "'fir - 7 S�.1L0 00.08 00`05 DC-D10 DC-D L1 00-012 00.013 00,024 00.512 00 -032 Dunn Street. Sion4ey A.%9inuo to Aimntted Avers M.) Forsythe Sheet S3om.. Stanley Arerelttlo Sheet Aver (SS) Fes t) sire0.51nan -S 2 4ey Avenue ro Albano (8s) Cek51rood Drive - 84CLecd Road (NI} Fourth Avenue (NI} - EaSgerv000 Estates Slmdrrisi n - SWkl Pond gerc0 - RiOr Agreemer4 (ND) Garner Nelg itot•,thood through Hydro Corridor (ND) 8reverdcens Road EA. • Ka>ar ROW 10 Lundys Lace [drainage} • E6gerrood Estants S%b44is■on Ptrase 3 Masi:Nag '(230) Coals t o be Ixurted post 8 -ham Ton,, Lie hid mid -2014 00.015 Warren Woods Pease 4 Oversshg - (ND) DC -016 &cart Road. MgYroseRCed to Kadtr Road 21041.8 (NQ DC -D17 Cr 3a Road Brown McLeod Road Id Brow Redd (237 DC-013. Robinson Sireef - Gsah Street tO SIzE63y Ape ewe 1[35) DC •014 Mandate Avenue • RN:ibs:o Stoeer to Ferry Street 0C -2217 Robison Street Storm• Stanley Avenue lO -Meery Me (SS. DC -021. Sprig 51ree1 S1oirn• SI arley Avenue ID9=ml Aroma (S) 700.0122 Morrison Street • Dorchester Hoed b Drunsmcn6 Road ( 00.023 00461SYer (Mad • Hi9'Mray42O10 Lendys Lane (S3) 0Cr924 Diu oocc,d Road - 010995d Road eo Hydro Corridor (NI} 00.025 M400d Road- Kolar Rood 14, Gamer Road (941} DC-026 peter Read- Drown Road to GTpparra 1 DC - 027 e nsio ay ( Nl 71um[eu6cg 000005 Sianhy Avenue Exrensim- oversis;ng (ND) 00.426 0106445 Road • Dorchester Roadie Drumq,ond Road • everstti 0 3 Won u 00212t:um Reed Flecorsuc9m- Schaliel6 Road to ravnrah Roy 0 (14 DC 090 Kam, Read - Rideau Street to Lundys Late (413 Do-as( 215(0; Rcad- Lundys lane to Beevema05 Bose [63} 74101 Estimated Capital Costs Net a uncommtted excess Capaelly (NO- New Improvement to rstsfmg road (ND) - New Development- greenEcld co n6aiml ( SmeerSeperadon Waimea Associates ECOnordishr L9rl 5 INPRAST17147LIRE 00575 COVERED 1A THE CC CA1CS3LA7ION 080011CIPAUYy: C[ty of Niagara F91 Gross Capital Cost Project Yew Errs 2009 -2015 29094014 2009.014 2909-2074 20094014 21 -2014 2009.2014 2009.20 2039 '•2014 211 -2014 40.4500 180.000 7401000 600230 192,770 '7$350 50,700 128060 50.730 2014 -3019 215.000 2014 -rots 2014-2019 720.000 20144019 420000 2 0 18 2013 320403 20182019 250,000 231 12400 20144019 WO.0O3 2014-22019 960.000 2014 -2019 240.000 2314-2 7210.000 201442013 90003 2914-2019 754030 2014, 52 2014 -2019 312460 201 310400 2014-2019 870210 510,794,745 6195094:41 PM Boren t to ellerliog Devefopmers S % Post Petro 0 Capacity 0507% 137,500 50.00% 240.00. 40005 150000' 25.007E 40,0710 120000 25.0010 378,0 900076 2,150 05010 288.9.. 900910. 1,800 05096 225. .. 90.00%1 1.250 0.5010 108,.' . 90.00% ' 600. 0.50% 503 ,••• 2,50o. 0504 2 2 4 ... • 1,800 0.50% 96.00. 40.00% 60,000 25.0096 28600. 400010 180400 2540% 36.900 40.00% 22,500 25.9016 09310 187,500 23.00.0 0.0070 312,500 50.0010 124 400016 156.960 5000% 124,... 40.00.5 9,3017 3.00% 388.24 440010 33,222; 3.00% 0 0.0% 0 0.07E 182,••• 9000% 900 0.5010 120.1.. 40.0n% 9.990 3.0010 381. .• 250516 57,r96 3.75% &0556 28757 5.0o% 0.0106 55,41A 5.00% • 0.5015 364.05+. 90-00% 2,023 0,50% 162,090 90.0251 0.50% 666090 90.0016 3, 0.5096 2400 . 4003. 18.000 34096 53.1.: 4003% 39 3.0096 0.10.776 0 0.90% 0.2070 2.5 0.04' 5250 5,076 0.3ij 2,5381 5.0% 55589,317 38516 81,925,731 11.01% Grans% Suas:dles S Met C 30 R8664tlrehSe Cost De+ei0PcComNibulions 8eae6ifiog New Reed awls I Noel- Residential 852101 tab>C to Neer Develop0 201 Share 511 D5 410pm016 aft 61756 40 50 97,479755 678.305 223,983 17.100 19 070.1:3 102 1,aer730 552. 50 6.363 305.030 1,076507 645,904 9.785 5,371 38 23.057 17,100 10260 70.900 42.150 342.000 2115.200 75679 45,407 173,3617 104,09 46, 28.83 11 &790 71, 43.722 29.933 263,x2 4840 66 467 4=4.892 203.3~4 4306CC 8$14 15.871 ¢640 28.120 106.200 30,272 68,944 09,266 47500' 14,289 537,509 32,500 55600 270,000 • 126,0... 84.000, 257 000 1512.. 100,800. 3E000 9,94. 75660 30,400 18.24. 52160 25.750 14, . 9 ,500 11.400 6.840 4.560 57.006 34200 22200 14.200 20,500 13,680 84400 50.400 33,600 252,000 151,400 100,800 564500 297,• 225,000 312,5010 18 - r.. 1254400 91.200 18, . 12.4810 176.700 196,000 70820 563248 347,545 221.299 24,487,853 53.201.902 tt5lh¢rJetn 2525946 FM MICA/ APPENDIX C' Niagarapalls C tNA1)A Appendix °°C" City of Niagara Falls Core Tourist Area Boundary KAGIS Requests\ 2004 \Custom\ intemaN honing \NF tourist_boundar M O ap map APPENDIX `D' CITY O NIAGARA FALLS JUNE 12, 2Q09 DEVELOPMENT CHARGE BA KGROUND STUDY MODIFICATIONS AS OF JULY 14, 2009 Watson & Associates ECONOMISTS LTD. 4304 Village Centre Court Mississauga, Ontario Canada L4Z 1S2 Phone: (905)272 -3600 Fax: (905)272 -3602 e -mail: info@watson- econ.ca 0 Planning for growth 7 SECTION A - CITY -WIDE DC CALCULATION REVISED AS OF JULY 14, 2009 Watson & Associates Economists Ltd. H :lNiagFaiIDC 20081dc modifications. doc Table ES -1 City of Niagara Falls Comparison of Development Charges A. Municipal Wide Charge General Government Fire Protection Parks and Recreation Library Roads and Related Transit B. Additional Charge Urban Area Sewer, Water, Drainage Sidewalks Sub -total Sub -total TOTAL Residential Per Single Detached Unit Current Aug 2, 2008 155 353 1,800 678 1,610 242 4,838 3,568 464 4,032 $ 8,870 Calculated Herein 274 3.2% 0.0% 1,848 21.4% 235 2.7% 1,451 16.8% 295 3.5 %Q 4,103 47.5% 4,372 ' 50.6% 171 2.0% 4,543 52.5% $ 8,646 100.0% Change 119 (353) 48 (443) (159) 53 (735) 804 (293) 511 $ (224) Full Non - residential Charge Per Sq. Ft. of GFA 2008 Calculated Herein Core Tourist Area Current - Aug 2, 0.14 0.34 0.05 0.02 1.73 0.21 2.49 0.35 0.24 0.58 3.07 Outside the Core Tourist Area 0.14 0.32 0.05 0.02 1.73 0.21 2.47 0.29 0.04 0.32 2.80 0.19 4.0% 0.0% 0.11 2.4% 0.01 0.2% 1.03 22.1% 0.21 4,5% 1.55 33.2% 3.00 ' 64.2% 0.12 2.6% 3.12 66.8% $ 4.67 100.0% Change (Compared to Core Tourist Area) 0.05 (0.34) 0.06 (0.01) (0.70) (0.00) (0.94) 2.65 (0.12) 2.54 $ 1.60 1 Includes debenture payments for sanitary sewerage works. 2,443 + 1,929 from Table C-2 Watson & Associates Economists Ltd. 7/14/2009 5:13 PM 1.68 4 1.32 from Table C -3 Niagara Falls DC 2008,xrs MUNICIPALITY: TABLE ES-2 INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION City of Niagara Falls Service General Govemment Parkland Development and Equipment Major Recreation Facilities Library Roads Operations Transit Sidewalks Water Sanitary Sewer (including debt principal) Storm Water Management Gross Capital Cost Est. 2,682,500 4,326,750 18,065,764 1,013,700 19,394,522 1,592,000 4,220,000 2,421,287 8,311,245 16,306,747 18,269,900 96,604,415 Ineligible re: Level of Service 2,510 12,677,478 2,204,893 14,884,881 Eligible Increase in Need 2,682,500 4,324,240 5,388,286 1,013,700 19,394,522 1,592,000 2,015,107 2,421,287 8.311,245 16,306,747 18,269,900 81,719,535 Less: Benefit to Existing Development 841,250 1,598,912 538,829 50,685 4,853,809 79,600 100,755 721,383 4,566,326 681,913 5,506,958 19,540,419 Post Period Capacity 3,425,187 731,754 1,412,951 4,672,864 1,794.453 12,037,210 Other (e.g. 10% Stat. & Grants, Landowner Contributions) 25,275 272,533 484,946 96,302 191,435 1,070,490 Potential DC Recoverable Cost Net Costs Benefiting New Development 1,815,975 2,452,795 4,364,512 866,714 11,115,526 1,512,400 1,722,917 968,150 2,331,968 10,951,970 10,968,489 49,071,415 Residential Share 1,089,585 2,330,156 4,146,286 823,378 6,669,315 907,440 1,033,750 580,890 1,399,181 6.571,182 6,581,094 32,132,257 Non - Residential Share 726,390 122,640 218,226 43,336 4,446,210 604,960 689,167 387,260 932,787 4,380,788 4,387,396 16,939,159 Inclusive of post planning period capacity, where applicable. Watson & Associates Economists Ltd. 7/1412009 4:51 PM Niagara Faits DC 2008.xtS TABLE ES -3 CITY OF NIAGARA FALLS 2009 CITY -WIDE DEVELOPMENT CHARGE CALCULATION Development Type Residential (Per Dwelling Unit) Single & Semi Detached Apartments 2 Bedroom and Larger Apartments Bachelor and 1 Bedroom All Other Dwellings Non - Residential Development per sq.ft. (gross floor area) Core Tourist Area Outside Core Tourist Area Existing Charge $8,870 4,656 3,554 5,703 $3.07 $2.80 Calculated Charge } $8,646 $4,704 $5,764 $4.67 Watson & Associates Economists Ltd. 7/14/2009 5:17 PM Niagara Falls DC 2008.xis Service Residential Development Charge Per Unit Non- Residential Single& Semi Detached Apartment Other Dwellings per sq.ft. of GFA Municipal Wide Charge Development - related Studies $ 274 $ 149 $ 183 $0.19 Parks and Recreation $ 1,848 $ 1,005 $ 1,232 $0.11 Library $ 235 $ 128 $ 157 ! $0.01 Roads and Related $ 1,451 $ 789 ! $ 967 $1.03 Transit $ 295 $ 161 $ 197 1 $0.21 Sub -total $ 4,103 $ 2,232 $ 2,736 $1.55 Urban Area Charge I t Sidewalks $ 171 $ 93 $ 114 $0.12 Water $ 378 $ 206 $ 252 $0.26 Sanitary Sewer $ 2,227 $ 1,212 $ 1,484 $1.52 Storm Water Management $ 1,767 $ 961 $ 1,178 $1.22 Sub -total $ 4,543 $ 2,472 $ 3,028 $3.12 Total _ $ 8,646 $ 4,70 $ 5,764, $4.67 SCHEDULE OF DEVELOPMENT CHARGES BY SERVICE FOR BY -LAW A -4 Watson & Associates Economists Ltd. H:WiagFall \DC 2008 \Niagara Falls DC 2008 SERVICE: Roadways INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Project No. DC-R1 DC -R2 DC -R3 DC-R4 DC -R5 DC-R6 DC-R7 DC -R8 DC -ST1 DC -ST4 DC -R25 DC-R26 DC -R27 DC-R12 DC -R13 IOC -R18 DC-R19 DC-R20 DC -A21 DC -R22 004123 DC -R24 DC -ST$ DC -ST6 DC -S78 DC -ST10 DC -ST11 DC -ST12 DC -ST13 increased Service Needs Attributable to Anticipated Development 2009 -2019 Cost to be Incurred During Tenn of Proposed Bv-law McLeod Road - Kalar Road to Pin Oak Drive Oakwood Drive - McLeod Road to South Dixon Street - Main Street to Level Avenue Dunn Street • Stanley Avenue to Ailanthus Avenue Fourth Avenue • Railway to Ttlorold Stone Road Garner Road • Lundy's Lane to Hendershot Boulevard Garner Neighbourhood • through hydro corridor Miller Road - Willoughby Drive East Kalar Road EA • Beaverdams Road to Thorold Stone Road (road) Brown Road EA - Montrose Road to Kolar Road Kalar Road - McLeod to Rideau (Road - Top Asphalt) Dorchester Rd. - Th orold Stone Road to H W Y 420 McLeod Road • Pin Oak Drive to Montrose Road subtotal Widening Widening Rehabilitation Rehabilitation Cap tmprov Prior Agreement New Road Prior Agreement Study Study Prior Agreement Prior Agreement Widening Costs to be Incurred Post By -law Term fie. beyond mid -2014) Morrison Street - Dorchester Road to Drummond Road Rehabilitation Dorchester Road • Highway 420 to lundy's Lane Rehabilitation Warren Woods - Extension through Hydro Corridor New Road Mewburn Road • Schotliekl Road to Mountain Road Cap Improv Kalar Road • Lundy's Lane to Beaverdams Road Widening Kalar Road - Rideau Street to Lundy's Lane Widening Cleveland Avenue - Dixon Street to Dunn Street Rehabilitation Level Avenue - Dixon Street to Dunn Street Rehabilitation Thundering Waters • Stanley Avenue Extension Cap Improv Drummond Road EA - Lundy's Lane to Morrison Street (road) Study Portage Road • Marinetand Parkway 10 Main Street (Chippewa) (road) Study /Cater Road EA- Rideau Street to lundy's Lane (road) Study Kalar Road - McLeod Road to Brown Road Study Brown Road - Garner Road North to Kalar Road North Study Kalar Road - Brown Road to Chippewa Parkway Study McLeod Road • Kolar Road to Gamer Road Study subtotal Total Estimated Capital Costs Project Year 2009-2014 2009 -2014 2009 -2014 2009.2014 2009-2014 2009-2014 2009 -2014 2009-2014 2009 -2014 2009-2014 2009 -2014 2009.2014 2009 -2014 2014 -2019 2014 -2019 2014-2019 2014-2019 2014 -2019 2014 -2019 2014.2019 2014-2019 2014-2019 2014 -2019 2014-2019 2014.2019 20144019 2014 -2019 2014-2019 2014 -2019 Gross Capital Cost Estimate' 2009 -2018 2.446,850 1,655,000 327.600 945,840 511,520 516.662 23,000 45.000 125,000 75,000 303,215 950.000 463,400 8,388.087 1, 970,000 1,185.000 49,935 371.800 2,506,000 1,603,700 185,000 185,000 2275,000 150,000 150,000 75,000 75.000 75.000 75.000 75,000 11,006,435 519,394,522 Less: Benefit to Existing Development S %of gross 379262 256,525 131,040 378.336 87,470 168,457 0 0 0 0 121,286 760.000 71,827 2,354,203 788,000 474.000 0 63,578 388.430 248,574 74.000 74,000 389,025 0 0 0 0 0 0 0 2.499,606 S4,853,809 15.50% 15.50% 40.00% 40.00% 17.10% 32.60% 0.00% 0.00% 0.00% 0.00% 40.00% 80.00% 15.50% 40.00% 40.00% 0.00% 17,10% 15.50% 15.50% 40,00% 40.00% 17.10% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%, 25.0% Post Period Capacity $ %of gross 244.685 165,500 32,760 94,584 51,152 51,686 2,300 4,500 12,500 7,500 9,096 9.500 46.340 732,084 492,500 592.500 12.484 185.900 250.800 160,370 46250 46,250 568,750 75,000 75,000 37.500 37,500 37.500 37,500 37,500 2,693,104 $3,425,187 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00 10.00 t0.00% 3.0% 1.0% 10.0% 25.005'. 50.00% 25.00% 50.00% 10.00% 10.00% 25,00% 25.00% 25.00% 50.00% 50.00% 50.00% 50.00 50.00% 50.00% 50.00 17.7% Potential DC Recoverable Cost Grants, Subsidies & Developer Contributions Attributable to New Development SO Net Costs Benefiting New Development 1,822,903 1232,975 163.800 472,920 372,898 296.539 20,700 40,500 112,500 67,500 172,833 180,500 345,233 5.301,801 689,500 118,500 37,451 122,322 1,866,970 1,194,757 64,750 64,750 1,317,225 75.000 75,000 37,500 37,500 37.500 37,500 37,500 5.813,725 611,115,526 Residential Non - Residential 60% 40% 1,093,742 729,161; 739,785 493,16 • 98280 65,52• 283,752 189,1.: 223,739 149,1 • 177.923 118,61• 12,420 8,2: 24,300 16200 67,500 45..... 40500 27.rrr 103,700 69,133! 108,300 72. '1 207,140 138,09 I 3.181,080 2,120,720 413,700 275,800 71,100 47,400 22,471 14,981 73.393 48,929 1,120,182 746,786 716,854 477,903 38,850 25,900 38,850 25,900 790.335 526,890 45.000 30.000 45,000 30,000 22,500 15.000 22,500 15,000 22,500 15.000 22,500 15,000 22.500 15,000 3.488,235 2,325.490 66,669,315 54,446,210 ' Net of uncommitted excess capacity Rehabilitation • works required to rehabilitate the road following installation of sewer and/or water works Watson Associates Economists Ltd. 7/10/2009 2:57 PM H:WiagFa5ROC 20O8Wiagara Fails OC2008 (n SERVICE: Watennains INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Nel 01 uncommitted excess capacity (N) - Watermains (New) (11) - Watermains (Replacement with Enlargement) Watson Associates Economists 112. 7/10(2009 2:57 PM N.WiagFali 0C 2008Wiagara Fafs 0C2008 Project No. Increased Service Needs Attributable to Anticipated Development p pment 2009- 2019 Project Year Gross Capital Cost Estimale' 2009 -2018 Less: Potential DC Recoverable Cost Benefit to Development $ Existing % Post Period Capacity S % Grants, Subsidies & Developer Contributions Attributable to New Development Net Costs Benefiting New Devetopment Residential Share Non- Residential Share I Total N V N<Oh m.s r N N M P NtOhmOIO N 3 3 33$ 3 33 X rnrn ;3 ■ Already Incurred c2009 2009-2014 2009-2014 2009.2014 2009.2014 2009- 2014 2009 -2014 2009- 2014 2009-2014 2009 -2014 2009-2014 2009 -2014 2009-2014 2014-2019 2014-2019 2014 -2019 2014-2019 2014 -2019 2014 -2019 2014 -2019 2014 -2019 2014- 2019 2009-2014 67,525 $71,650 220,000 1,500,000 16,400 390.000 270.000 300,000 160,000 401,615 285,780 14.760 13,415 320.000 533.000 102,400 1.670.000 595.000 200,000 300.000 213,200 562,500 164,000 0 154,000 750,000 0 273.000 189,000 210,000 112,000 130,946 142,890 0 0 224.000 266,500 0 835,000 416,500 140,000 210.000 149.240 281,250 82,000 0.0% 0.00% 70.00% 5000% 0.00% 70.00% 70.00% 70.00% 70.00% 32.60% 50.00% 0.00% 0.00% 70.00% 50.00% 0.00% 50.00% 70.00% 70.00% 70.00% 70.00% 50.00% 50.0% 3.583 39.600 75,000 820 70,200 48,600 54.000 28,800 0 14,289 738 671 57,600 133,250 51,200 417.500 107,100 36,000 54,000 38,376 140,625 41,000 0.00% 5.00% 18.00% 5.00% 5.00% 18.00% 18.00% 18.00% 18.00% 0.00% 5.00% 5.00%. 5.00% 18.00% 25.00% 50.00% 25.00% 18.00% 18.00°! 18.0015 18.00% 25.00% 25.00% 7,525 68,068 26.400 675.000 15,580 46.800 32.400 36.000 19,200 270,669 126,601 14.022 12,744 38,400 133,250 51.200 417.600 71,400 24,000 38.000 25,584 140,625 41,000 60% 4,515 40,841 15,840 405.000 9,348 28,080 19,440 21,600 11,520 162,401 77,161 8,413 7.647 23,040 79,950 30.720 250.500 42,840 14.400 21,600 15,350 84,375 24,600 40% 3.010 27.227 10,560 270,000 6,232 18,720 12,960 14,400 7,680 108,268 51.440 5.609 5,098 15,360 53,300 20.480 167,000 28,560 9,600 14,400 10,234 56,250 16,400 Deerfield Estates Phase 8 Cost to be Incurred During Term of Proposed 8v -law Warren Woods Subdivision Phase 1 & 2 Overs(zing Clark Avenue -Ferry SL to Robinson St. (N) (R) Lyon's Creek Road Loop • SOdom Road t0 Stanley Avenue (N) Warren Woods Extension tnrough Hydro Corridor ferry Street • Stanley Avenue to Main Street (N) Lundys Lane •Main Street to Drummond Road (R) Main Street - Ferry Street to Robinson Street (R) Founn Avenue • Bridge Street to 7horoltl Store Road (R) (R) Fernwood Estates Phase 2 Watermain Loop - Prior Agreement (N) Montrose Road Extension • McLeod Road to Kinsmen Court - Loop (N) Gamer Neighbourhood • New Development in Hydro Corridor (N) Edgewood Estates Subdivision Phase 3 Oversizing Costs to be Incurred Post By -taw Term fie. beyond mid -2014) Robinson Street - Stanley Avenue t0 Jolley Cut (R) Katar Road -Mount Carmel Boulevard l0 Montrose Road - Loop (N) Warren Woods Subdivision Phase 3, 4 & 5 Oversizing (N) Dorchester Road Watermain Loop to Stanley Avenue (N) Main Street • Rubinson Street to Stanley Avenue Allendale Avenue - Ferry Street to Robinson Street (R) Robinson Street • Stoney Avenue 10 Main Street (R) (R) Kalar Road - Rideau Street to Lundys Lane Thundering Waters • Stanley Avenue Extension Mct.eOtl to Dorchester (R) Madnetand Parkway Watermain Loop (N) (N) Estimated Capital Costa 58,311,245 54,566,326 54.9% 51,412,951 17.0% 50 $2,331,968 51,399,181 5932,787 SERVICE: Watennains INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Nel 01 uncommitted excess capacity (N) - Watermains (New) (11) - Watermains (Replacement with Enlargement) Watson Associates Economists 112. 7/10(2009 2:57 PM N.WiagFali 0C 2008Wiagara Fafs 0C2008 Project No Increased Service Needs Attributable to Anticipated Development 2008.2019 Project Year Gross CaPlial Cost Est 2009 -: Less: .._ Potential DC Recoverable Cost Benefit to Existing Development 5 % Post Period Capacity 8 % Grants, Subsidies & Developer Contributions Attributable to New Development Net Costs Benefiting New Development Residential 6076 Non - Residential DC-SA1 1 DC-SA2 DC-SAS OC -SA4 DC -SAS DC -SA6 DC -SA7 DC-SA8 DC -SA9 DC -SA10 DC -SA17 0C -SAl2 DC -SA13 DC -SA14 DC -SA15 DC -SA16 Already Incurred § Q tltltl <tltivatltl 0,0,0m0 tl� NNNNRRRR$$R R tl RRRRRR RRRRR 6,319,E 6,485.; 2.100 36.500 94,200 55,000 160.000 115.000 17,400 600.000 31,875 12,265 70.125 27.200 14,400 300.000 757.525 1.228.325 000 080R8o §flop 00000 N q ,q8 RR tl 0.0% 0.0% 0.0% 0.00% 50.00% 0.00% 70.00% 70.00% 0.00% 70.00•/ 70.00% 0.00% 0.00% D.00% 0.00% 0.00% 0.00% 0.00% a � 4 ; - o g ERAS 30.0% 30.0% 0.0% 5.00% 0.00% 0.00% 18.00% 18.00% 5.00% 18.00% 18.00% 5.00% 5.00% 50.00% 5000% 50.00% 25.00% 25.00% 4,423,902 4.525,760 2,100 34.675 47.100 55,000 19,200 . 13.800 16,150 72,000 3,825 11,652 66,619 . 13,600 7,200 150,000 568.144 921.244 INCLUDED IN SEPARATE FLOW CALCULATION 1.260 20.805 29,260 33,000 11.520 8,280 9,690 43,200 2.295 6.991 39.971 8.160 4,320 90.000 340,886 552.746 40% CASH 8 • 13,87 18. 22. • • • 7. 5. 6,46 28,'.. 1. •: 4.661 26, • = 5.44 2,88 60, • • • 227,2 368,4 • Gamer South Sewer Area - NS, Forcemain and Grassy Brook West Area - PIS. Forcemain anti Sewer Deerfield Estates Phase 8 (N) great to be incurred °urine Term Of Preb01 Warren Woods phase 1 Oversizing (N) Montrose Road Sanitary Sewer - DeGiorgio - Prior Agreement (N) Montrose Road Sanitary Sewer - Blench - PM (N) Clark Avenue Sanitary Sewer - Ferry Street to Robinson Street (R) Victoria Avenue Sanitary Sewer - Walnut Street to Bender Street (R) Warren Woods Extension through Hydro Corr.__. (N) Catlett Drive Sewer Diversion and Storage Capacity Modifications (R) Fount& AvenueSanoary Sewer - Four -Pad Arena (R) Edgewood Estates Phase 3 Oversizing (N) Marvtetand Pkwy - Stanley Ave, t0 Ailanthus (N) Costs to be Incurred Post By-law Term (le. beyond mid -2014) Warren Woods Phase 3 Oversizing (N) Warren Woods Phase 4 Oversizing (N) Mewbum Road Pumping Station - Land Acquisition • Prior Agreement (N) Gamer Road - McLeod Rd. t0 Brown Rd. (N) Brown Road - Kalar Rd N to Gamer Rd N (N) Total Estimated Capital Costs S16,306,747 3681.913 4.2% 5402,864 28.7% SO 310,951,970 91,201,385 • . , . - SERVICE Sanitary Sewers Net of uneomrnided excess capacity 2 A portion Otitis cost is applicable to the water service •• Unfunded Costs (N) - Sewermahls (New) (R) - Sewermains (Reptaeemem with enlargement) Watson Associates Economists Ltd. INFRASTRUCTURE COVERED IN THE DC CALCULATION MU City of Niagara Fails 7/14120091:27 PM KtNin aaOC 2008W91ss Gets 002076 SERVICE: Starm Water Management INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPAUTY : City of Niagara Falls Project No. DC-01 • 06033 00-034 DC-02 0C-D3 DC-04 DC-05 DC-06 DC-07 DC-O8 DC -09 DC -010 0C•011 D0-012 DC-013 0C•O14 OC -ST2 DC -032 DC-015 DC -016 DC-017 00-018 D0-019 DC-020 DC.021 0C-022 00.023 DC -024 DC-025 DC•D26 00.027 00-028 DC-D29 DC-030 DC-031 DC -035 0C -036 Increased Service Needs Attributable to Anticipated Development 2009-2019 Atreedv Ineurrdr Gamer Neighbourhood Oversizing Dorchester • Tltcrola Stone Read to liwy 420 Deerfield Estates Phase 8 Cost ID be Incurred poring Tenn of Proposed By -taw North Street Storm - Stanley Avenue to Slater Avenue McLeod Road - Katar Road to Pin Oak Drive Warren Creek Channel Realignment Phase 1 & 2 and Pond Construction Warren Woods Subdivision Phase 1 & 2 Overtaxing of Sewer System & Pend -Land Purchase Warren Woods Subdivision - East & West Channel Dixon Street . Main Street to Level Avenue Duna Street • Stanley Avenue to Altanitus Avenue Forsythe Street Storm - Stanley Avenue to Stater Avenue Ferry Street St0nn - Stanley Avenue to Main Street Oakwood Drive • McLeod Road Fourth Avenue Edgewood Estates Subdivision - SWM Pond (Land) • Prior Agreement McLeod Road - Pin Oak Drive to Montrose Rd. 8eaverdams Road EA • Katar Roa0 to Lundys Lane (drainage) Edgewo00 Estates Subdivision Phase 3 Oversizing Costs to be Incurred Post 61v-taw Term lie, beyond mkt-2Q141 Warren Woods Phase 4 Oversizing Brown Road - Montrose Road to Rater Road Noah Kilter Road McLeod Road to Brown Roed Robinson Street - Main Street to Stanley Avenue Allendale Avenue - Robinson Street to Ferry Street Robinson Street Storm - Stanley Avenue to Jolley Cut Spring Street Storm - Stanley Avenue 10 Oesson Avenue Morrison Street - Dorchester Road to Drummond Road Dorchester Road - Highway 420 to Lundys Lane Drummond Road - Ok herd Road to Hydro Corridor McLeod Road - Kalar Road to Gamer Road Kates Road - Brown Road to Cnlppawa Parkway Thundering Waters Stanley Avenue Extension - oversizIng Ot41ieJO Road • Dorchester Road to Drummond Road - oversiting Mewthtrn Road Reconstruction - Scnollieid Road to Mountain Road Kelm Road • Rideau Street to Lundys Lane Katar Road • Lundys Lane to Beaverdams Road Level- Dixon to Ounn Cteveland • Dixon to Donn Total Estimated Capital Costs (ND) (SS) (NI) (ND) (ND) (ND) (SS) (SS) (SS) (SS) (NI) (NI) (ND) (N7) (ND) (N0) (NI) (NI) (SS) (SS) (SS) (SS) (SS) (SS) (NO (NI) (NI) (ND) (ND) (NI) (NI) (NI) (SS) (SS) Project Year 2004-2009 >2009 >2009 2009.2014 2009.2014 2009.2014 2009 -2014 2009-2014 2009-2014 2009-2014 2009-2014 2009-2014 2009-2014 2009-2014 2009.2014 2009-2014 2009 -2014 2009.2014 20142019 2014 -2019 2014-2019 2014 -2019 2014-2019 2014-2019 2014-2019 2014-2019 2014-2019 2014-2019 2014-2019 2014.20t9 2014-2019 2014-2019 2014-2019 2014 -2019 2014 -2019 2014-2019 2014.2019 Gross Capital Cost Esdnvte' 2009.2018 5878,305 580.000 935,130 180.000 300.250 3232,500 535,140 2,654,400 103,000 404,500 180,000 740,000 600,000 132,770 332,680 168,000 125.000 48.065 265,160 600.000 720,000 420,000 320,000 250.000 120,000 600.000 360,000 240,000 720,000 90.000 750,000 825,000 312,000 310,000 600,000 120.000 120,000 318,269,900 Benefit to Existing Development $ % 0 64,000 0 162,000 120,100 0 0 240,000 288,000 378.000 288.000 225.000 108.000 540.000 324,000 96,000 288.000 36.000 0 0 124,800 124,000 240,000 108,000 108,000 0 0 92,700 364,050 162,000 666.000 240.000 53,108 0 67,200 0 0 55,506,958 0.0% 83.0% 0.07. 90.00% 40.0050 0.00% 0.00% 0.00% 90.005. 9000% 90.00% 90.00% 40.00% 40.005. 0.0046 40.00% 0.0% 0.0% 0.0015 40.005. 40.00% 90.00% 90.00% 90.00% 90.00% 90.00% 90.00% 40.00% 40.00% 40.00% 0.00% 0.0046 40.00% 40.00% 40.00% 90.00% 90.00% 30.15. Post Period Capacity S % 0 800 0 900 9.008 161,625 26.757 132.720 515 2.023 900 3,700 18.000 3.983 0 5,040 8.250 2,303 132,580 150,000 180.000 2.100 1,600 1,250 600 3,000 1,800 60.000 180,000 22.500 187,500 312.500 156,000 9.300 16.000 800 600 51,794,453 Less: 0.0% 1.0% 0.0% 0.50% 3.00% 5.00% 5.00% 5.00% 0.50% 0.505. 0.50% 0.50% 3.00% 3.0046 0.00% 3.00% 5.0% 5.0% 50.00% 25.00% 25.0046 0.50% 0.50% 0.50% 0.50% 0.5015 0.50% 25.00% 25.00% 25.00% 25.00% 50.00% 50.0016 3.0050 3.00% 0.50% 0.50% 9.8% Grants, Subsidies & Developer Contributions Attributable to New Development 50 Poten ial DC Recoverable Cost Net Costs Benefiting New Development 878.305 15,200 35,130 17,100 171,143 3,070,875 508,383 2,521.680 9,785 38,428 17,100 70.300 342.000 76.679 332,880 95,760 118,750 43.762 132,580 210,000 252,000 39.900 30,400 23,750 11,400 57.000 34,200 84,000 252,000 31,500 562.500 312.500 31,200 176,700 342,000 11,400 11,400 510,968,489 Residential Share 60% 526.983 9.120 21.078 10,260 102,686 1,842,525 305,030 1,513,008 5.871 23,057 10.260 42,180 205,200 45,407 199.608 57,456 71,250 26257 79,548 126,000 151,200 23940 18,240 14,250 6,840 34,200 20,520 50,400 151,200 18,900 337,500 187,500 18,720 106,020 205200 6,840 6,640 56.581,094 Non - Residential Share 40% 351,322 6,080 14,052 6,840 68,457 1,228,350 203,353 1,008,672 3,914 15,371 6.840 28,120 136,800 30.272 133,072 38,304 47.500 17,505 53.032 84,000 100.800 15,960 12,160 9,500 4.560 22,800 13,680 33.600 100.600 12,600 225.000 125,000 12,480 70,680 136,800 4,560 4.560 54,387,396 Net of uncommitted excess capacity (NI) - New Improvement to existing road 040) - New Development - greenfeld condition (SS). Sewer Separation Watson AstoCtates Economists Ltd. 7/14/2009 1:27 PM H1Nia0FFMC 2008V4kwax Fats 00 2008 SERVICE: Sidewalks INFRASTRUCTURE COSTS COVERED IN THE 0C CALCULATION MUNICIPALITY : City of Niagara Fails Project No. DC-SW 1 DC -SW2 DC-SW3 DC -SW4 DC-SW5 DC-SW6 DC-SW7 DC -SW8 DC -SW24 OC -SW 11 DC -SW13 DC -SW 15 DC -SW18 DC -SW19 DC -SW20 DC-SW21 DC -SW22 OC -SW23 DC-ST9 Increased Service Needs Attributable to Anticipated Development 2009 -2019 Cost to be Incurred During Term Of Proposed BY-law Mcleod Road - Kalar Road to Pin Oak Drive (NI) Fallsview District - Miscellaneous Locations (NI) Warren Woods Extension through Hydro Corridor (ND) Mountain Road - Miscellaneou Locations (NI) Gamer Road • Llaxfys Lane to Femwood Estates - prior Agrmnt F ourth Avenue - Railway to ThorOld Stone Road (NI) Oakwood Drive - Oakwood Drive to South (ND) Gamer Neighbourhood - through hydro corridor (ND) McLeod Road - Pin Oak Drive to Montrose Rd (NI) Costs to be Incurred Post By -law Term fie, beyond mid -2014) Montrose Road - McLeod Road to Canadian Drive Morrison Street - Dorchester Road to Drummond Road Fallsview District - Miscellaneous Locations Kalar Road • Rideau Street to Lundys Lane Kalar Road - Lundys Lane to Beaverdams Road Thundering Waters - Stanley Avenue Extension Grand Boulevard Pedestrian Walkway Mev.bum Road - Scholfietd Road to Mountain Road McLeod Road - Kinsmen Court to Pin Oak Drive Grand Boulevard EA (sidewalk) (NI) (NI) (NI) (NI) (NI) (ND) (ND) (NI) (NI) Total Estimated Capital Coats Project Year 2009-2014 2009 -2014 2009 -2014 2009 -2014 2009 -2014 2009 -2014 2009 -2014 2009 -2014 2009-2014 2014 -2019 2014 -2019 2014-2019 2014 -2019 2014-2019 2014-2019 2014-2019 2014 -2019 2014-2019 2014.2019 Gross Capital Cost Estimate' 2009 -2018 126,600 100,000 3,000 129,350 127,597 25,000 75,000 3,740 34,500 330,000 150,000 100.000 104,000 150,000 187,500 500,000 78,000 72,000 125,000 32,421,287 Benefit to Existing Development $ 50,640 50.000 0 51,740 41,603 10,000 0 0 13,800 132,000 60,000 50,000 41,600 60,000 0 100,000 31,200 28,800 0 $721,383 40.00 50.00% 0.00% 40.00% 32.60% 40.00% 0.00% 0.00% 40.0% 40.00 40.00% 50.00% 40.00% 40.00% 0.00% 20.00% 40.00% 40.00% 0.00% 29.8% Less: Post Period Capacity s 12.660 10,000 300 12,935 12,760 2.500 7,500 374 3,450 165,000 37,500 25.000 10,400 15,000 46,875 250,000 39,000 18,000 62,500 3731,754 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10,00% 10.00% 10.0% 50.00% 25.00% 25.00% 10.00% 10.00% 25.00% 50.00% 50.00% 25.00% 50.00% 30.2% Grants, Subsidies & Developer Contributions Attributable to New Development so Potential OC Recoverable Cost Net Costa Benefiting New Development 63,300 40,000 2,700 64,675 73,234 12,500 67,500 3,366 17,250 33,000 52,500 25,000 52,000 75,000 140,625 150,000 7.800 25,200 62.500 $968,150 Residential Share 60% 37,980 24,000 1,620 38.805 43,941 7.500 40,500 2,020 10,350 19,800 31,500 15,000 31,200 45,000 84,375 90,000 4,680 15,120 37,500 3580,890 Non - Residential Share 40% 25,320 16,000 1.080 25,870 29,294 5,000 27,000 1,346 6,900 13,200 21,000 10,000 20,800 30,000 56,250 60,000 3,120 10,080 25,000 3387,260 Net of uncommitted excess capacity (NI) - New Improvement to existing road (ND) - New Development - greenfield condition Watson Associates Economists Ltd. 7/14/2009 1:27 PM H:1NiagFaln0C 2008Uliagara Falls DC 2008 SERVICE 2009 S DC Eligible Cost 2009 $ DC Eligible SDU Cost per s.f. Residential Non - Residential . SOU $ $ $ $ 1.0 General Government 1,089,585 726,390 387,260 171 Less reserve fund balance 130,754 87,170 932,787 958,831 639,220 274 0.19 2.0 Parkland Development and Equipment 2,330,156 122,640 665 0.04 3.0 Major Recreation Facilities 4,146,286 218,226 1.183 0.07 4.0 Library 823,378 43,336 235 0.01 5.0 Roads and Related 7,576,755 5,051,170 674,661 298 less reserve fund balance 2,492,551 1,661,700 4,387,396 5,084,205 3,389,470 1,451 1.03 8.0 Transit 1,033,750 689,167 295 021 TOTAL 14,376,605 5,102.058 $4,103 $1.55 DC ELIGIBLE CAPITAL COST $14,376,605 $5,102,058 10 yr. Gross Population / GFA Growth (sq.ft.) 11,142 3,295,900 Cost Per Capita / Non-Residential GFA (sq.ft.) $1,290.31 $1.55 fly Residential Unit Tyoe g:B:Lr Single and Semi - Detached 3.18 $4,103 Single and Semi - Detached 3.18 All Apartment Units 1.73 $2,232 All Other Dwellings 2.12 $2,735 $1,422 SERVICE 2009 S DC Eligible Cost 2009 S DC Eligible Cost per s.f. Residential Non - Residential . SOU $ $ $ $ 6.0 Sidewalks 580,890 387,260 171 0.12 7.0 Water 1,399,181 932,787 Is reserve lund balance 115.34Q 76.894 1283,840 855,894 378 0.26' 8.0 Sanitary Sewer (excludina debenture payments) 1,201,385 800,923 less reserve fund balance 189,393 126,26 1,011,992 674,661 298 0.201 9.0 Storm Water Management 6,581,094 4,387,396 less reserve fund balance 574,594 383,063 6,006,500 4,004,333 1,767 1.22 TOTAL $8,883,222 $5.922,148 $2,614 $1.80j DC ELIGIBLE CAPITAL COST $8,883.222 $5,922,148 10 yr. Gross Population / GFA Growth (sq.ft.) 10,808 3,295,900 Cost Per Capita / Non - Residential GFA (sq.ft.) 6821.93 $1.80 pv Residential Unit Tvoe Total All Services' Single and Semi - Detached 3.18 $8,717 $2,614 $3.35 All Apartment Units 1.73 $1,422 $3,654 All Other Dwellings 2.12 61.742 $4,477 TABLE 0-1 City of Niagara Falls DEVELOPMENT CHARGE CALCULATION Municipal -wide Services 2009-2019 City of Niagara Falls DEVELOPMENT CHARGE CALCULATION Urban Area Services 2009 -2019 Excludes Debt for Gamer South and Grassy Brook West Sanitary Sewer Works Watson & Associates Economists Ltd. 7/14/2009 5:09 PM A -1 Niagara Falls 0C 2008.xis SECTION B - CORE TOURIST AREA AND OUTSIDE CORE TOURIST AREA CALCULATION AS OF JULY 14, 2009 Watson & Associates Economists Ltd. H.•WiagFalliDC20081dc modlfications.doc Table ES -1 City of Niagara Falls Comparison of Development Charges Watson & Associates Economists Ltd. 7/14/2009 4:31 PM 2.59 + 1.72 from Table C -3 Niagara Falls DC 2008 Residential Per Single Detached Unit Non - residential Charge Per ScLFt. of GFA Current Calculated Herein Change Core Tourist Area Outside the Core Tourist Area Aug 2, 2008 Current Change Current Change Aug 2, 2008 Calculated Herein Aug 2, 2008 Calculated Herein A. Municipal Wide Charge General Government Fire Protection 155 274 2.7% 119 0.14 0.19 10.5% 0.05 0.14 0.19 3.1% 0.05 Parks and Recreation Library 353 1,800 - 1,848 0.0% 18.5% (353) 48 0.34 0.05 - 0.0% 0.11 6.0% (0.34) 0.06 0.32 0.05 - 0.0% 0.11 1.8% (0.32) 0.06 Roads and Related 678 235 2.4% (443) 0.02 0.01 0.6% (0.01) 0.02 0.01 0.2% (0.01) Transit 1,610 1,451 14.5% (159) 1.73 1.03 56.6% (0.70) 1.73 1.03 17.0% (0.70) 242 295 3.0% 53 0.21 0.21 11.5 ° 4 (0.00) 0.21 0.21 3.5% (0.00 4,838 4,103 (735) 2.49 1.55 85.2% (0.94) 2.47 1.55 25.6% (0.94) Sub -total B. Additional Charge Urban Area 41.1% Sewer. Water, Drainage Sidewalks 3,568 5,766 ' 57.7% 2,198 0.35 0.14 7.7% (0.21) 0.29 4.31 ' 71.1% 4.02 464 131 1.3% (333) 0.24 Qj 7,1% (0.11) 0.04 020 13% 4,032 5,897 59.0% 1,865 0.58 0.27 14.8% 0.32 0.16 3.93 Sub -total (0.31) 4.51 74.4% TOTAL 1 $ 8,870 $ 10,000 100.0% $ 1,130 $ 3.07 $ 1.82 100.0% $ (1.25) $ 2.80 $ 6.06 100.0% $ 2.99 Includes debenture payments for sanitary sewerage xmrkc z ,a, Table ES -1 City of Niagara Falls Comparison of Development Charges Watson & Associates Economists Ltd. 7/14/2009 4:31 PM 2.59 + 1.72 from Table C -3 Niagara Falls DC 2008 TABLE ES -3 CITY OF NIAGARA FALLS 2009 CITY -WIDE DEVELOPMENT CHARGE CALCULATION B -2 Development Type Residential (Per Dwelling Unit) Single & Semi Detached Apartments 2 Bedroom and Larger Apartments Bachelor and 1 Bedroom All Other Dwellings Non- Residential Development per sq.ft. (gross floor area) Core Tourist Area Outside Core Tourist Area Existing Charge $8,870 4,656 3,554 5,703 $3.07 $2.80 Calculated Charge } $10,000 $5,440 $6,667 1.82 6.06 Watson & Associates Economists Ltd. 7/14/2009 4:21 PM Niagara Falls DC 2008 Service Residential Development Charge Per Unit Non - Residential GFA of Sq.ft. Single& Semi Detached Apartment Other Dwellings Within the Core Tourist Area Outside the Core Tourist Municipal Wide Charge Development - related Studies $ 274 $ 149 $ 183 $0.19 $0.19 Parks and Recreation $ 1,848 $ 1,005 $ 1,232 $0.11 $0.11 Library $ 235 $ 128 $ 157 $0.01 $0.01 Roads and Related $ 1,451 $ 789 $ 967 $1.03 $1.03 Transit $ 295 $ 161 $ 197 $0.21 $0.21 Sub -total $ 4,103 $ 2,232 $ 2,736 $1.55 $1.55 Urban Area Charge Sidewalks $ 131 $ 71 $ 87 $0.13 $0.20 Water $ 453 $ 246 $ 302 $0.12 $0.30 Sanitary Sewer $ 2,997 $ 1,631 $ 1,998 $0.02 $1.98 Storm Water Management $ 2,316 $ 1,260 $ 1,544 $0.00 $2.03 Sub -total $ 5,897 $ 3,208 $ 3,931 $0.27 $4.51 Total $ 10,000 $ 5,440 $ 6,667 $1.82 ,$6.06 Schedule of Development Charges By Service for By -law B -3 CTA CALCULATION Watson & Associates Economists Ltd. H:tNiagFalADC 20081dc modilications.doc SERVICE: Watermeins (CTA) INFRASTRUCTURE COSTS COVERED fN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Project No. DC -W2 DC -W5 OC-W12 DC -W16 DC-W17 DC-W18 DC -W21 Increased Service Needs Attributable to Anticipated Development 2009- 2019 Atreadv Inourreg Cast 10 be Incurred Donna Term of Proposed By-law Clark Avenue - Ferry St. to Robinson St. Ferry Street - Stanley Avenue to Man Street (90%) Costs to be incurred Post Bv-taw Term (le beyond mid -2014) Robinson Street - Stanley Avenue to Jokey Cut Main Street - Robinson Street to Stanley Avenue (90%) Allendale Avenue - Ferry Street to Robinson Street Robinson Street - Stanley Avenue to Main Street (90%) Medneland Parkway Watermain Loop (R) (R) (R) (R) (R) (R) (N) Total Estimated Capital Costs Project Year 2009-2014 2009-2014 2014-2019 2014 -2019 2014-2019 2014-2019 2009.2014 Gross Capital Cost Estimate' 2009-2018 220,000 351,000 320,000 535,500 200,000 270.000 164,000 S2,060,500 Less: Benefit to Existing Development s % 154,000 245,700 224.000 374,850 140.000 189,000 82,000 51,409,550 70.00% 70.00% 70.00% 70.00% 70.00% 70.00% 50.0% 68.4% Post Period Capacity s 39,600 63,180 57,600 96,390 36,000 48,600 41000 5382,370 % 18.00% 18.00% 18.00% 18.00% 18.00% 18.00% 25.00% 18.6% Grants, Subsidies & Devdoper Contributions Attributable to New Development S0 Potential DC Recoverable Cost Net Costs Benefiting New Development 26.400 42,120 38,400 64,260 24,000 32,400 41,000 8268,580 Residential Share 0 0 0 0 0 0 0 SO Non - Reaidential Share 100% 26,400 42,120 38,400 64.260 24.000 32,400 41,000 5268,580 ' Net of uncommitted excess capacity (N) - Watermains (New) (R) - Watermafns (Replacement with Enlargement) Watson Associates Economists Ltd. 7/14/2009 2:48 PM HMiagF1i(lOC 20081Magara Felts 0C 2008 SERVICE Sanitary Sewers (CTA) INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Project No. DC - SA6 OC -SA7 Increased Service Needs Attributable to Anticipated Development 2009 -2019 Cost t0 be Incurred burlap Term of Proposed By -law Clark Avenue Sanitary Sewer- Ferry Street to Robinson Street (R) Victoria Avenue Sanitary Sewer - walnut Street to Bender Street (R) Marineland Pkwy - Stanley Ave. to Aaanthua fN) Coats t0 be inourred Post By -law Term Ile bevond mid -2014! Total Estimated Capital Costs Project Year 2009 -2014 2009 -2014 2009-2014 Gross Capital Cost Estimate' 2009-2018 160,000 115,000 70,125 5348,126 Benefit to Existing Development s 112,000 60.500 0 5192,500 70.00% 70.00% 0.00% 55.8% Post Period Capacity S % 28,800 20,700 3,506 $53,006 Less: 18.00% 18.00% 5.00% 15.4% Grants, Subsidies fi, Developer Contributions Attributable to New Development SO Potential DC Recoverable Cost Net Costs Benefiting New Development Non - Residential 100% 19,200 13,800 66,619 399,619 Residential 0% 0 0 0 SO 19,200 13,800 66.619 399,619 Net of Uncommitted excess Capacity " Unfunded Costs (N)- Sewernains (New) (11) - Sewennains (Replacement with enlargement) Watson Associates Economists Ltd. 7/14/2029 2 :48 PM M:NraeFfN1C 200aWiecom Font DC 2009 SERVICE: Storm Water Management (CTA) Net of uncommitted excess capacity (NI) - Now Improvement to existing road (ND). New Development - greentteld condition (SS) - Sewer Separation INFRASTRUCTURE COSTS COVEFtED 2 IN THE DC CALCULATION MUNICIPALITY ' Niagara Falls Watson Associates Economists U0. 7/14/2009 2:48 PM tt.W Iagfat0C 20981.Nugara Fars 0C 2908 CD r 6) Less: Project No' Increased Service Needs Attributable to Anticipated Development 2.008 -2019 Gross Capital Estimate' 2009-2013 Benefit in Existing Development S % Post Period S Capacity % 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% % Grants, Subsidies & Developer Contributions Attributable to NeW Development f4et Costs 9 tin New Development 17.100 8,807 34,585 17,100 63.270 35,910 30.400 1 11.7, 400 <00 Residential Share mr: 0 0 0 0 0 0 0 0 0 [J Non - Residential Share 10094 17,100 8,807 34,585 17,100 63,270 35,910 30,400 711,400 1,400 DC-02 0C-D7 0C -08 DC -09 DC - 010 DC-D18 OC -079 DC -020 DC - 021 Cost to be Incurred Owing Term Of Proposed ev -taw (SS) (SS) (SS) (SS) (SS) (SS) (SS) (SS) 2009-2014 2009. 2014 2008-2014 2009 - 2014 2014 - 2019 2014 - 2019 2014.2019 2014 -2019 gslAF2g Fg? glgg 90.00% 90.00% 90,00% 90.00% 90.00% 90.00% 90.00% 90.00% 90.00% North Street Storm - Stanley Avenue to Stater Avenue Dbron Street - Maet Street to Level Avenue (90%) Dunn Street - Stanley Avenue to Altanthus Avenue (90 %) Forsythe Street Stone - Stanley Avenue to Slater Avenue Ferry Street Storm - Stanley Avenue to Main Street (90 %) Costs to be Incurred Post By-law Term (te, beyond min - 20141 Robinson Street • Main Street to Stanley Avenue (90%) Allendale Avenue - Robinson Street to F erry Street Robinson Street Storm - Stanley Avenue to Jolley Cut Spring Street Storm - Stanley Avenue to Desson Avenue Total Estimated Capital Costa $2,550,750 82,295,675 90.0% 912,754 0.5% SO 5242,321 S0 S242,322 SERVICE: Storm Water Management (CTA) Net of uncommitted excess capacity (NI) - Now Improvement to existing road (ND). New Development - greentteld condition (SS) - Sewer Separation INFRASTRUCTURE COSTS COVEFtED 2 IN THE DC CALCULATION MUNICIPALITY ' Niagara Falls Watson Associates Economists U0. 7/14/2009 2:48 PM tt.W Iagfat0C 20981.Nugara Fars 0C 2908 CD r 6) SERVICE: Sidewalks (CTA) INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Project No. DC-SW2 DC -SW 15 DC -SW21 DC -ST9 Increased Service Needs Attributable to Anticipated Development 2009-2019 Cost to be Incurred During Term of Proposed By -law FaASView District - Miscellaneous Locations (NI) Costs to be Incurred Post By -law Term fie. beyond mid -20141 Fallsview District - Miscellaneous Locations (NI) Grand Boulevard Pedestrian Walkway (ND) Grand Boulevard EA (sidewalk) Total Estimated Capital Costs Project Year 2009 -2014 2014 -2019 2014.2019 2014 -2019 Gross Capital Cost Estimate' 2009 -2015 100.000 100,000 500.000 125,000 S025,000 Less: Benefit to Existing Development S y, 50,000 50.000 100,000 0 5200,000 50.00% 50.00% 20.00% 0.00% 24.2% Post Period Capacity s 10,000 25.000 250,000 62,500 5847,500 10.00% 25.00% 50.00% 50.00% 42.1% Grants, Subsidies & Developer Contributions Attributable to New Development SO Potential DC Recoverable Cost Net Costs Benefiting New Development 40.000 25,000 150,000 62,500 5277,500 Residential Share 0% 0 0 0 0 So Non - Residential Share 100% 40,000 25,000 150,000 62,500 3277,500 ' Net of uncommitted excess capacity (N) • New Improvement to existing road (ND) - New Development - greentield condition Watson Associates Economists Ltd. 7/14/2009 2:48 PM H:NfiegFalAOC 2008Magsra Falls DC 2008 SERVICE Non - Residential per s.f. $ . ... $ 1.0 General Government 726,390 $ less reserve fund balance 87,170 less reserve fund balance 639,220 0.20 2.0 Parkland Development and Equipment 122,640 0.04 3.0 Major Recreation Facilities 218,226 0.07 4.0 Library 43,336 0.01 5.0_ Roads and Related 5,051,170 0.02 Tess reserve fund balance 1,661,700 less reserve fund balance i 3,389,470 1.03 6.0 Transit 689,167 0.21 TOTAL j 5,102,058 $1.55 DC ELIGIBLE CAPITAL COST $5,102,058 10 yr. Gross Population / GFA Growth ( sq.ft.) $3,295,900 Cost Per Capita / Non - Residential GFA ( sq.ft.) $1.55 SERVICE Non- Residential ( per s.f. $ $ 6.0 Sidewalks 277,500 0.13 7.0 Water 266,580 less reserve fund balance P8.283 240,297 0.12 8.0 Sanitary Sewer 99,619 less reserve fund balance 58.411 41,208 0.02 9.0 Storm Water Management 242,322 less reserve fund balance i 242,322 0 0.00 TOTAL $559,005 $0.27 DC ELIGIBLE CAPITAL COST $559,005 10 yr. Gross Population / GFA Growth ( sq.ft.) 2,096,100 Cost Per Capita / Non - Residential GFA (sq.ft.) $0.27 TABLE C -la Core Tourist Area City of Niagara Falls DEVELOPMENT CHARGE CALCULATION Municipal -wide Services 2009-2019 City of Niagara Falls DEVELOPMENT CHARGE CALCULATION Urban Area Services Core Tourist Area 2009 -2019 1 As the reseve fund balance exceeds the DC recoverable cost for storm water management, no charge is applicable. The remaining RF balance is to be used for future unforeseen growth related storm water management costs in the CTA Watson & Associates Economists Ltd. 7/14/2009 4:29 PM B -8 Niagara Falls DC 2008.xls OCTA CALCULATION Watson & Associates Economists Ltd. H:WiagFalADC20081dc modifications,doc Project No. Increased Service Needs Attributable to Anticipated Development 2009- 2019 Project Year GrosS Capital Cost Estimate' 2009.2018 Less: Potential DC Recoverable Cost Benefit to Existing Development 5 % Post Period Capacity S % Grants, Subsidies & Developer Contributions Attributable to New Development Net Costs Benefiting New Development Residential Share 81% Non - Residential Share 19% M V N N W N M Q N m W W 0 i i333�33333 333333 OO00000cS000 0000000 oop0000 000 0000000 Already Incurred Deerfield Estates Phase 8 <2009 67.525 0.0% 0.00% 7,525 6,097 1.428 Cost to be Incurred During Term of Proposed By -lav( Warren Woods Subdnision Phase 1 8 2 Oversizing (N) 2009 -2014 671,650 0 0.00% 3,583 5.00% 68.068 55,154 12.914 Lyons Creek Road Loop - Sodom Road to Stanley Avenue (N) 2009 -2014 1,500,000 750.000 50.00% 75,000 5.00% 675.000 546,938 128,062 Warren Woods Extension through Hydro Corridor (N) 2009-2014 16.400 0 0.00% 820 5.00% 15.580 12.624 2.956 Ferry Street • Stanley Avenue to Main Street (10%) (R) 2009-2014 39,000 27,300 70.00% 7.020 18.00% 4.680 3,792 888 Lundys Lane - Main Street to Drummond Road (R) 2009 -2014 270.000 189.000 70.00% 48.600 18.00% 32.400 26,253 6.147 Main Street - Ferry Street to Robinson Street (R) 2009 -2014 300,000 210,000 70.00% 54,000 18.00% 36.000 29,170 6,830 Fourth Avenue - Bridge Street to Thorold Stone Road (R) 2009 -2014 160,000 112,000 70.00% 28.800 18.00% 19,200 15,557 3,643 Femwood Estates Phase 2 Watermain Loop - Prior Agreement (N) 2009 -2014 401,615 130,946 32.60% 0 0.00% 270.669 219,317 51.352 Montrose Road Extension - McLeod Road to Kinsmen Court - Loop (N) 2009 - 2014 285,780 142,890 50.00% 14,289 5.00% 128,601 104,203 24.398 Gamer Neighbourhood - New Development in Hydro Corridor (N) 2009 -2014 14,760 0 0.00% 738 5.00% 14,022 11,362 2.660 Edgewood Estates Subdivision Phase 3 Oversizing (N) 2009-2014 13.415 0 0.00% 671 5.00% 12.744 10,326 2,418 Costs to be Incurred Pest Bv-law Term fie. beyond mid -20141 Keter Road - Mount Carmel Boulevard to Montrose Road - Loop (N) 2014- 2019 533.000 266,500 50.00% 133,250 25.00% 133250 107,970 25,280 Warren Woods Subdivision Phase 3, 4 & 5 Oversizing (N) 2014 -2019 102.400 0 0.00% 51,200 50.00% 51.200 41.486 9.714 Dorchester Road Watermain Loop to Stanley Avenue (N) 2014 -2019 1.670,000 835,000 50.00% 417,500 25.00% 417.500 338.291 79,209 Main Street - Robinson Street to Stanley Avenue (10 %) (R) 2014-2019 59.500 41,650 70.00% 10.710 18.00% 7,140 5.785 1.355 Robinson Street - Stanley Avenue to Main Street (10 %) (R) 2014 -2019 30.000 21.000 70.00% 5.400 18.00% 3.600 2.917 683 Kalar Road - Rideau Street to Lundys Lane (R) 2014-2019 213.200 149,240 70.00% 38,376 1 &00% 25,584 20,730 4.854 Thundering Waters - Staney Avenue Extension - McLeod to Dorchester (N) 2014- 2019 562.500 281.250 50.00 140,625 25.00% 140.625 113,945 26.680 Total Estimated Capital Costs 56,250,745 53,156,776 50.5% S1,030,561 16.5% 30 52,063,388 $1,671,917 3381,470 SERVICE: Watermains (OCTA) INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls ' Net of uncommitted excess capacity (N) - Watermalns (New) (R) - Watermaine (Replacement with Enlargement) Watson Associates Economists Ltd. 7/14/2009 2:48 PM H:WiagFal5DC 2006Wiagera Falls DC 200 SERVICE: Sanitary Sewers (OCTA) Project No. DC-SA1 • DC-SA2 • DC-SA3 DC-SA4 DC-SAS DC-SA8 DCSA9 DC-SA10 DC -SA17 DC -SAl2 DC -SA13 DC -SA14 DC -SA15 DC-SA16 Increased Service Needs Attributable to Anticipated Development 2009.2019 Alreadylnn•nad Gamer $Guth Sewer Area - P15, Forcemain and Sewer Grassy Brook West Area - P1S, Forcemain and Sewer Deerfield Estates Phase 8 Coat to be Inclrned During Term of Proposed By -law Warren Woods Phase 1 Over$izing Montrose Road Sanitary Sewer - DeGiorgio - Prior Agreement Montrose Road Sanitary Sewer - Bielth • Prior Agreement Warren Woods Extension through Hydro Cc:MO.7r Catte6 Drive Sewer Diversion and Storage Capacity Modifications Fourth Avenue Sanitary Sewer- Four -Pad Arena Edgewood Estates Phase 3 Overs zing Costs to be lammed Post Bylaw Term (ie- bevond mid -20141 (N) (N) (N) (N) (N) (R) (R) (N) Warren Woods Phase 3 Oversizing (N) Warren WOWS Phase 4 Overstang (N) Mewburn Road Pumping Station - Land Acquisition • Prior Agreement (N) Garner Road - McLeod Rd. to Brown Rd. (N) Brown Road - Kolar Rd N t0 Gamer Rd N (N) Total Estimated Capital Costs Project Year <2009 <2009 <2009 2009.2014 2009-2014 2009 -2014 2009 -2014 2009 -2014 2009-2014 2009-2014 2014-2019 2014 -2019 2014 -2019 2014.2019 2014 -2019 Gross Capital Cost Estimate' 2009.2018 6.319.860 •• 6.465,372 •• 2,100 36,500 94.200 55,000 17,000 600,000 31.875 12,265 27,200 14,400 300.000 757,525 1.228.325 $15.981,622 Benefit to Existing Development s % 47,100 0 0 420,000 22,313 0 0 0 0 0 0 0 0 0 0 5489,413 0.0% 0.0% 0.0% 0.00% 50.00% 0.00% 0.00% 70.00% 70.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3.1% 1,895.958 1,939.812 0 1,825 0 0 850 108,000 5.738 613 13,600 7.200 150.000 189,381 307,081 84,618,868 Less: Post Period Capacity S % 30.0% 30.0% 0.0% 5.00% 0.00% 0.00%. 5.00% 18.00% 18.00% 5.00% 50.00% 50.00% 50.00% 25.00% 25.009' 28,9% ' Grants, Subsidies & Developer Contributions Attributable to New Development SO Potential DC Recoverable Cost Net Costs Benefiting New Development 4,423,902 4,525.760 2.100 34.675 47.100 55,000 16,150 72,000 3.825 11.652 13,600 7,200 150,000 568,144 921,244 510,852,382 Residential 81% 28.096 38.164 44,566 13.086 58,340 3,099 9.441 11.020 5,834 121.542 460.354 746.463 Non - Residential 19% 6,579 8.936 10,435 3,064 13,660 726 2.211 2,580 1,366 28,458 107,789 174,780 INCLUDED IN SEPARATE CASH FLOW CALCULATION 1.702 398 81.541.707 6360,982 • Net of uncommitted excess capacity •• Unfunded Costs (N) - Sewemains (New) (R) - Sewernteins (Replacement with enlargement) Watson Associates Economists Ltd. INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls 7/14/2003 2:48 PM HA NegFateC2008vMlgata cp O Project No. Increased Service Needs Attributable to Anticipated Development 2009-2019 Project Year Cost Estimate' 2008-2018 Benefit to Existing Developnvent S % -- Post Period S Capacity % Grants, Subsidies & Developer Contributions Attributable to New Development Net Costs • "• Benefiting New Development A, � �•�• Residential Share 81% Non - Residential Share 19% Already Incurred goo ss gs•„g88ss°sNN g O O M N N N O O O CO O M O N O O 0 g tQ N gi g g M M O O DC -01 • Gamer Neighbourhood Oversizing 0 878,305 711,671 166.634 00-033 Dorchester - TSR to Hwy 420 >2009 800 15,200 12,318 2,884 0C -034 Deerfield Estates Phase 8 >2009 0 35,130 28,465 6.665 Cost to be Incurred During Term Of Proposed 8v-law DC-D3 McLeod Road - Kolar Road to Pin Oak Dove 9,008 171.143 138,673 32,470 DC -04 Warren Creek Channel Realignment Phase 1 & 2 and Pond Construction 161,625 3,070,875 2,488,262 582,613 Warren Woods Subdivision Phase 1 & 2 Oversizing 01 Sewer System DC-D5 Pond -Land Purchase 26.757 508,383 411,931 96.452 DC -06 Warren Woods Subdivision - East & West Channel 132,720 2,521,680 2,043,261 478A19 DC -07 Dixon Street - Main Street to level Avenue (10%) 52 979 793 186 DC-08 Dunn Street - Staney Avenue to Manthus Avenue (10%) 202 3,843 3014 729 DC -010 Ferry Street Storm - Stanley Avenue to Main Street (10%) 370 7,030 5.696 1,334 0C -011 Oakwood Drive - Mcleod Road 18.000 342,000 277.115 64,885 00-012 Fourth Avenue 3.983 75,679 61,321 14,358 DC-D13 Edgewood Estates Subdivision • SWM Pond (Land) - Prior Agreen 0 332.680 269,563 63,117 OC-014 McLeod Road • Pin Oak Drive to Montrose Rd. 5,040 95,760 77,592 18.168 DC-ST2 Beaverdams Road EA - Kolar Road to Lundy's Lane (drainage) 6250 118,750 96.220 22.530 DC -032 Edgewood Estates Subdivision Phase 3 Oversizing O g o 2.303 43.762 35.459 8,303 Costs to be Incurred Post By -law Term fie. beyond mid -2014) DC-015 Warren Woods Phase 4 Oversizing 132,580 132,580 107,427 25.153 00-016 Brown Road • Montrose Road to Kaiar Road North 150.000 210,000 170.158 39,842 DC -017 !Cater Road McLeod Road to Brown Road 180,000 252,000 204.190 47,810 DC -018 Robinson Street - Maul Street to Stanley Avenue (10 %) (SS) 2014.2019 210 3.990 3233 757 DC -022 Morrison Street - Dorchester Road to Drummond Road (SS) 2014-2019 3.000 57,000 46,186 10.814 DC -023 Dorchester Road - Highway 420 to Lundy's Lane (SS) 2014-2019 1.800 34.200 27,712 6.488 DC-024 Drummond Road - OidbeM Road to Hydro Corridor (M) 2014-2019 60.000 84,000 68.063 15,937 DC -025 McLeod Road - Kolar Road to Gamer Road (NI) 2014-2019 180,000 252,000 204.190 47.810 DC-026 Kolar Road - Brown Roed to Chippewa Parkway (NI) 2014-2019 22,500 31.500 25.524 5,976 00-027 Thundering Waters Stanley Avenue Extension - oversizing (ND) 2014 -2019 187,500 562,500 0 562,500 DC-D28 Oldfield Road • Dorchester Road to Drummond Road - overstzing (NO) 2014.2019 312,500 312.500 253.212 59.288 0C -029 Mewbum Road Reconstruction - Schoeield Road to Mountain Road (NO 2014.2019 156,000 31.200 25281 5,919 DC -030 Kolar Road - Rideau Street to Lundys Lane (NI) 2014 -2019 9.300 176,700 143,176 33.524 DC-031 Katar Road - Lundys Lane to BeaverdamS Road (NI) 2014-2019 18.000 342.000 277,115 64.885 DC -D35 Level - Dixon to Dunn (SS) 2014-2019 600 11,400 0 11,400 DC-036 Cleveland • Dixon to Ounn (SS) 2014- 2019 600 11,400 0 11,400 Total Estimated Capital Costs $15,719,150 53,211,283 204% S1,781,700 11.3% SO 510,726,167 58,216,921 52,509,248 SERVICE Storm Water Management (OCTA) Net of un ommited excess capacity (NI) - New mprovement to existing road (NO) - New Development - greenfield condition (SS) - Sewer Separation Watson Associates Economists Ltd. INFRASTRUCTURE STS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Falls 7/14/2009 248 PM • H:WIagFaa0:20091Mygara Fars DC 200 SERVICE: Sidewalks (OCTA) INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION MUNICIPALITY : City of Niagara Falls Project No. DC-SW 1 0C-SW3 DC-SW4 OC-SW5 DC-SW6 0c -sw7 OC -SW8 DC -SW24 OC•SW11 DC -SW13 DC -SW18 DC-SWt9 DC -Sw20 DC -SW22 DC -SW23 Increased Service Needs Attributable to Anticipated Development 2009-2019 Cost to be Incurred During Term of Proposed By -taw McLeod Road - Kalar Road to Pin Oak Drive (NI) Warren Woods Extension through Hydro Corridor (ND) Mountain Road - Misceltaneou Locations (Ni) Garner Road - Lundys Lane to Fernwood Estates • Prior Agrmnl Fourth Avenue - Railway t0 Thorold Slone Road (NI) Oakwood Drive - Oakwood Drive to South (ND) Garner Neighbourhood - through hydro corridor (NO) McLeod Road - Pin Oak Drive to Montrose Rd (NI) Costs to be Incurred Post By -law Term (ie. beyond mid -20142 Montrose Road - McLeod Road to Canadian Drive Morrison Street - Dorchester Road to Drummond Road Kalar Road - Rideau Street to Lundy's Lane Kalar Road • Lundys Lane to 8eaverdams Road Thundering Waters - Stanley Avenue Extension Mewburn Road • Schottield Road to Mountain Road McLeod Road - Kinsmen Court to Pin Oak Drive (NI) (NI) (NI) (NI) (ND) (NI) (Ni) Total Estimated Capital Costs Project Year 2009 -2014 2009 -2014 2009 -2014 2009 -2014 2009-2014 2009 -2014 2009-2014 2009 -2014 2014 -2019 2014 -2019 2014 -2019 2014 -2019 2014 -2019 2014 -2019 2014-2019 Gross Capital Cost Estimate' 2009-2018 126,600 3,000 129,350 127,597 25.000 75.000 3.740 34,500 330,000 150,000 104,000 150,000 187.500 78,000 72,000 31,596,287 Benefit to Existing Development 50.640 0 51,740 41.603 10.000 0 0 13.800 132,000 60,000 41,600 60.000 0 31.200 25,800 5521,383 40.00% 0.00% 40.00% 32.60% 40.00% 0.00% 0.00% 40.0% 40.00% 40.00% 40.00% 40.00% 0,00% 40.00% 40.00% 32.7% Less: Post Period Capacity s % 12,660 300 12,935 12,760 2,500 7.500 374 3,450 165,000 37,500 10,400 15.000 46,875 39,000 18,000 5384,264 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.0% 50.00% 25.00% 10.00% 10.00% 25.00% 5000% 25.00% 24.1% Grants, Subsidies & Developer Contributions Attributable to New Development 60 Poten al DC Recoverable Cost Net Costs Benefiting New Development 63,300 2,700 64,675 73.234 12,500 67,500 3.366 17.250 33,000 52,500 52,000 75,000 140.625 7.800 25,200 5690,650 Residential Share 81% 51,291 2,188 52.405 59.340 10,128 54,694 2.727 13,977 26.739 42,540 42.134 60.771 0 6.320 20.419 5445.673 Non - Residential Share 19% 12,009 512 12,270 13.894 2.372 12,806 639 3,273 6,261 9,960 9.866 14,229 140,825 1,460 4.781 $244,977 Net of uncommitted excess capacity (Ng - New Improvement to existing road (ND) - New Development - greenfrefd condition Wasson Associates Economists Ltd. 7/14r2009 2:48 PM 1-11NisgFalfiDC 2008WiagaraFatsD02008 SERVICE 2009 $ DC Eligible Cost 2009 $ DC Eligible Cost i 2009 $ DC El gable Cost Residential Non- Residential SDU per s.f. $ $ $ $ , $ $ 1.0 General Govemment 1,671,917 1,089,585 726,390 less reserve fund balance 132,846 31.105 tess reserve fund balance 130,754 87,170 360,365 ;, 453 0.30 8.0 Sanitary Sewer (excluding debenture oavmsrtsl 1,541,707 360,982 958,831 639,220 a 274 208.439 0.20 2.0 Parkland Development and Equipment 2,330,156 122,640 ' 665 0.26 0.04 3.0 Major Recreation Facilities 2,509,248 4,146,286 218,226 less reserve fund balance 1,183 $1,486 0.07 4,0 Library 823,378 43,336 ! 2,318 235 TOTAL 0.01 5_0 Roads and Related 52.79 7,576,755 5,051,170 DC ELIGIBLE CAPITAL COST 511,186,917 less reserve fund balance 10 yr. Gross Population /GFA Growth (sq.8.) 2,492,551 1,661,700 Cost Per Capita / Non - Residential GFA (sq.h.) 51,035.08 .2.79 By Residential Unit yoe FLU 5,084,205 3,389,470 Total All Services' 1,451 Single and Semi - Detached 3.18 1.03 6.0 Transit 1,033,750 689,167 51,791 295 All Other Dwellings 2.12 0.21 TOTAL 14,376,605 5,102,0581 $4,103 $1,55 DC ELIGIBLE CAPITAL COST $14,376,605 I $5.102,058 10 yr. Gross Population / GFA Growth (sq.ft.) 11,142 3.295,900 Cost Per Capita / Non- Restdential GFA (sglt) $1.290.31 $1.55 , By Residential Unit Tvpe D.D.0 Single and Semi- Detached 3.18 $4,103 All Apartment Units 1.73 $2,232 At Other Dwellings 2.12 52,735 SERVICE 2009 $ DC Eligible Cost 1 2009 $ DC EI'gibte Cost per s.f. Residential Non - Residential SDU $ $ $ $ 6.0 Sidewalks 445,673 244,977 131 0.20 7.0 Water 1,671,917 391,470 less reserve fund balance 132,846 31.105 1,539,071 360,365 ;, 453 0.30 8.0 Sanitary Sewer (excluding debenture oavmsrtsl 1,541,707 360,982 less reserve fund balance 208.439 48.805 1,333,268 312,177 392 0.26 9.0 Storm Water Management 8,216,921 2,509,248 less reserve fund balance 348.017 $1,486 7,868,904 2,427,761 ! 2,318 2.03 TOTAL $11,186,917 53,345,281 53,292 52.79 DC ELIGIBLE CAPITAL COST 511,186,917 53,345,281 10 yr. Gross Population /GFA Growth (sq.8.) 10,808 1,199,800 Cost Per Capita / Non - Residential GFA (sq.h.) 51,035.08 .2.79 By Residential Unit yoe FLU Total All Services' Single and Semi - Detached 3.18 $7,395 53,292 $434 All Apartment Units 1.73 51,791 54,023 All Other Dwellings 2.12 $2,194 54,929 TABLE C -1b - Outside the Core Tourist Area City of Niagara Falls DEVELOPMENT CHARGE CALCULATION Municipal -wide Services 2009-2019 Excludes Debt for Gamer South and Grassy Brook Weal Sanitary Sewer works Watson $ Associates Economists Ltd. City of Niagara Fails DEVELOPMENT CHARGE CALCULATION Urban Area Services - Outside the Core Tourist Area 2009.2019 7/14/2009 4:38 PM &13 Niagara Falls OC 2008.xts Watson & Associates Economists Ltd. Table C -2 City of Niagara Falls Cash Flow Calculation of the 2009 Single Detached Residential Development Charge Requirement For Garner South Sewer Area and Grassy Brook West Area Sanitary Sewage Works (000's $ unless otherwise indicated) OUTSIDE OF THE CORE TOURIST AREA Year Beginning: 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Expenditures Annual Debenture Payments with Balloon Payment in Last Year 549,211 549,211 549,211 549,211 549,211 549,211 549,211 549,211 549,211 5,234,237 10,177,137 Revenues Single Detached Equivalents Developed per year 2 185 185 306 306 393 393 393 413 413 412 3,399 $ 2,604.55 per SDU inflated at 2.0% starting 2010 2,604.55 2,656.64 2,709,78 2,763.97 2,819.25 2,875.64 2,933.15 2,991.81 3,051.65 3,112.68 Anticipated DC Revenue 481,842 491,479 829,192 845,776 1,107,966 1,130,125 1,152,728 1,235,619 1,260,331 1,282,425 9,817,483 Reserve Fund Cumulative Surplus (Deficit) (67,369) (129,143) 143,089 443,947 1,016,020 1,627,415 2,279,754 3,034,555 3,836,711 0 3.0% ! 6.0% RF Interest Earnings (Cost) (4,042) (7,749) 4,293 13,318 30,481 48,822 68,393 91,037 115,101 0 359,654 DC Reserve Fund Closing Balance (71,411) (136,891) 147,382 457,265 1,046,501 1,676,237 2,348,147 3,125,591 3,951,813 0 $8,949,662 Principal x 81% residential 3,399 SDU's = $7,249.226 3,399 = $2,133/SDU 7/14IQ009 4 :44 PM H:Wi4gFaI8DC 20081Niagara Faits DC 2008 Mason 5 Associates Econanists Ltd. Table C-3 City of Niagara Falls Cash Flow Calculation of the 2009 Hon-Residential Development Charge Requirement For Garner South Sewer Area and Grassy Brook West Area Sanitary Sewage Works (000's $ unless otherwise indicated) OUTSIDE THE CORE TOURIST AREA 58.949,662 Principal X 19% Non - residential Sharq 1199800 sq.ft. = $1.42/sq.ft. 7/14/20092:47 PM H:WW9FalaDC 2008Y6apara Falls OC 2008 Expenditures Revenues Reserve Fund Annual 1.715469 Debenture Non per sq.ft. 3.0% / 6.0% Year Payments with Balloon Residential inflated at RF DC Reserve Beginning: Payment in Last sq.ft.per yr. 2.0% Cumulative Interest Fund Year starting Anticipated Surplus Earnings Closing (000's) 2010 DC Revenue (Deficit) (Cost) Balance 2009 128,595 119,980 1.72 205,822 77,227 2,317 79,544 2010 128,595 119,980 1.75 209,938 160,888 4,827 165,714 2011 128,595 119,980 1.78 214,137 251,257 7,538 258,794 2012 128,595 119,980 1.82 218,420 348,620 10,459 359,078 2013 128.595 119,980 1.86 222,788 453,272 13,598 466,870 2014 128,595 119,980 1.89 227,244 565,519 16,966 582,485 2015 128,595 119,980 1.93 231,789 685,679 20,570 706,249 2016 128,595 119,980 1.97 236,425 814.079 24,422 838,502 2017 128,595 119,980 2.01 241,153 951,060 28,532 979,592 2018 1.225,568 119,980 2.05 245,976 0 0 0 - 2,382.921 1,199,800.0 2,253,694 129,228 Mason 5 Associates Econanists Ltd. Table C-3 City of Niagara Falls Cash Flow Calculation of the 2009 Hon-Residential Development Charge Requirement For Garner South Sewer Area and Grassy Brook West Area Sanitary Sewage Works (000's $ unless otherwise indicated) OUTSIDE THE CORE TOURIST AREA 58.949,662 Principal X 19% Non - residential Sharq 1199800 sq.ft. = $1.42/sq.ft. 7/14/20092:47 PM H:WW9FalaDC 2008Y6apara Falls OC 2008 APPENDIX B ' APPENDIX `E' Proposed Development Charge Rates (effective August 2, 2009) RESIDENTIAL DEVELOPMENT (per unit) Urban Area Non -Urban Area Single or Semi Detached $10,000 $4,103 Apartment $5,440 $2,232 Townhouse $6,667 $2,736 NON - RESIDENTIAL DEVELOPMENT (per sf) Core Tourist Area (CTA) $1.82 Outside Core Tourist Area (OCTA) $4.43 July 20, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araa11s CANADA Re: PD- 2009 -44 Condominium Conversion Information Report Provincial Legislation, Municipal Policy & Procedures and Taxation RECOMMENDATION: That Council receive this report for information and direct staff to implement the changes in municipal procedures as outlined in the report. BACKGROUND: P D- 2009 -44 In December 2008, Council directed staff to investigate the policies governing applications to convert existing rental buildings to condominium ownership. In particular, Council was interested in information on tenant rights where rental projects are converted to condominium, the vacancy rate requirements for condominium conversion, use of rent levels to regulate conversion and effect conversion has on municipal tax revenues. Tenant Rights The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters including rent, eviction and building maintenance. All disputes under the Act are handled by the Provincial Landlord and Tenant Board (formerly the Ontario Rental Housing Tribunal). Under this legislation, a tenancy in a rental building may be terminated if the landlord requires a unit for their personal occupancy or that of their spouse, a child or parent of the landlord /spouse. The Residential Tenancies Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. The Act stipulates that existing tenancies within a registered condominium cannot be terminated (subject to specified dates of the first rental and conversion within a 2 year period) for the personal occupancy of a unit by a landlord /purchaser or their family members. Rents cannot be increased solely based on the conversion to condominium ownership and are regulated by Provincial guidelines. In addition, the CondominiumAct regulates all aspects of the condominium process including the establishment of condominium boards and rules of operation. The Act has the same provision as the Residential Tenancies Actthat the registration of a condominium for an existing rental prod == .4 oes not constitute grounds for eviction or gthprwise affect a tenants' rights. Community Services Department Working Together to Serve Our Community Planning & Development July 20, 2009 - 2 - PD- 2009 -44 There are no municipal public meeting or tenant notification requirements under the PlanningActfor condominium conversion applications. Nonetheless, staff currently provide a courtesy notice to tenants of the date Council will consider the conversion application. It is a municipal policy to require that the landlord conduct an information meeting with tenants to advise them of their rights and the conversion process. The City's practice to invite tenants to attend Council meetings has given tenants a false sense of hope that the forum is an opportunity to address landlord /tenant issues. However, matters of building maintenance (ie. dirty condition, damaged carpet, malfunctioning intercoms) are outside of the City's jurisdiction and cannot be resolved through condominium conversion. The appropriate place for these discussions is the landlord /tenant meeting. It may be appropriate to discontinue the practice of a courtesy notice to tenants, maintain the requirement that the landlord hold the meeting and require that he submit minutes of the meeting to the City as part of his conversion application. Municipal and Regional Vacancy Rate Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 percent. This rate is set as a benchmark by which staff can assess whether or not the removal of rental units would adversely affect the supply of affordable rental housing in the municipality. A vacancy rate of 3 percent or more is considered desirable for a healthy rental market. Similarly, the Region's Policy Plan states that a 3 percent vacancy rate is desirable and that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected. Other municipalities in the Region have the same 3 percent vacancy rate requirement in their Official Plans. The City's standard is consistent with municipalities across the Region and within the Province. The City does not collect information on vacancy rates. Staff rely on the most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC). CMHC conducts a full -scale survey in October of each year (usually released in December annually). This data is preferred as it is standardized and fully documented such that it provides a consistent and reliable source of rental market information with comparable data for the Region and all areas of the country. Information is provided for apartments as well as townhouse developments and is recorded by size of unit (# of bedrooms), building size (# of units) and average rents paid by unit size and building size range. Vacancy rates are also provided based on the City as a whole as well as breaking the central area out from the other districts. Use of Rental Rates to Control Conversion Information was supplied to staff that the City of Toronto has a policy which prohibits conversions where rental units pay less than $889 /month (shelter, hydro & water) and protects rental housing which pays Tess than $1,333 /month (shelter, hydro & water). Apparently, the practice is to only allow conversion where rents are above $1,333 (2008 figures assumed). This is used as an additional measure by Toronto to retain affordable rental stock. Staff has found that many of the conversions of rental properties to condominium have continued to function as rental properties (the units are not sold). As outlined, tenants cannot be evicted and rent increases are regulated by the Residential Tenancies Act. If the July 20, 2009 - 3 - PD- 2009 -44 City was to establish a policy that no conversion be allowed where the average unit rents paid within a building are Tess than the average rent for comparable properties, staff would have to rely on CMHC data. The data would always be 1 year out of date since the CMHC data is not released until December and rental rates are typically increased in January of the new year. This step would add a further level of processing without any conclusive benefit. Taxation and Property Assessment Residential rental properties pay a higher level of taxes than a comparable condominium property because the rental property is taxed at a multi -unit tax rate whereas the condominium is taxed at a single dwelling tax rate. It has been said that there are tax breaks for the landlord when the property is converted. Staff investigated three properties that have been converted for which data was available: • 4658 Drummond Road (77 apartment units - condominium registered May 2007) • 6070 Dunn Street (fourplex - condominium registered May 2005) • 6105 McLeod Road (27 apartment units - condominium registered April 2004) In comparing pre- conversion tax levels to post conversion tax levels, staff found that the first property paid more property tax ($16,410) after conversion, the second property paid approximately the same tax and the third property paid less property tax ($7,662). Although the tax rate is lower for condominiums, their assessed value is greater when the units are sold and reassessed. The reduced tax rate and increased assessment are generally offsetting factors. There is insufficient data to conclude that the municipality will be unduly harmed by lesser tax revenues due to conversions. With respect to any tax savings, the Residential Tenancies Act requires reductions in municipal taxes that are more than prescribed in the legislation to be the passed on to tenants. CONCLUSION: The rights of the current tenants are safeguarded through the requirements of the Residential Tenancies Act. The use of CMHC data and the requirement for a 3 percent vacancy rate to maintain a healthy rental market is typical throughout Ontario. Additional Official Plan policies to regulate conversions by rent levels add an unnecessary control without direct evidence of benefit. The tax revenue realized by the City is unlikely to change to any significant degree based on the level of condominium conversions. It is recommended the City discontinue its practice of notifying tenants of Council meetings for conversion applications but require the landlord to hold an information session with tenants before an application proceeding to Council. Recommended by: Approved by: Respectfully submitted: R. Wilson /A.Herlovitch:gd Attach. S: \PDR\20091PD- 2009 -44, Condominium Conversion Information Report.wpd Alex Herl• . itch, Director of Planning & Development Ed DO • xecutive Director of Community Services Ken Todd, Chief Administrative Officer July 20, 2009 PD- 2009 -51 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araa11s CANADA Re: PD- 2009 -51 Supplemental Report 26CD -11- 2008 -03, Draft Plan of Condominium (Conversion) 4218 Portage Road (East Side), North of Gallinger Street Owners: Shaukat & Amina Parekh (Agent - Brian Sinclair) 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Council originally considered this application (Report PD- 2008 -106) at their meeting of November 17, 2008. Several tenants spoke at the Council meeting and letters of concern were submitted regarding security of tenure and evaluation of the condominium conversion application. Specifically, the earlier report utilized the available vacancy rate data from the Canada Mortgage and Housing Corporation survey of October 2007 which a tenant felt was out of date information. Council deferred the application until after the release of the October 2008 survey figures which occurred in December 2008. The reconsideration of this application has been postponed while staff investigated and prepared an information report on the condominium conversion process which is included in tonight's Council agenda (PD- 2009 -44). The applicant's solicitor also held a meeting with tenants on June 22, 2009 to discuss the proposa Tenants that spoke at the previous meeting or submitted letters have been notifie Batter is returning to Council tonight. 2E 6X5 5905 356 =7521 wwwnia.arafalls.ca Working Together to Serve Our Community Community Services Department Planning & Development July 20, 2009 - 2 - PD- 2009 -51 Proposal The applicant proposes to convert the existing 19 -unit rental apartment to a condominium. The plan of condominium will permit the individual ownership of each unit with the common areas (e.g., hallways, driveways and open space) shared by the condominium corporation. There is no new construction proposed. The property is on the east side of Portage Road, north of Gallinger Street, as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. Security of Tenure - Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Rents cannot be increased based on the conversion to condominium ownership and are regulated by Provincial guidelines. The attached letter from the applicant's solicitor highlights that a tenant in a rental building may be evicted if the landlord requires the unit for their personal use (or for a family member). However, as a condominium, existing tenants cannot be evicted on this basis. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing. The Canada Mortgage and Housing Corporation (CMHC) survey from October 2008 indicates a vacancy rate of 5.2% for all apartment units in Niagara Falls. This overall municipal rate has increased from 3.2% in 2007. The subject site is located just outside of the City "core" (bounded by the hydro canal and Dunn Street as defined by CHMC) and the apartment vacancy rate in this non -core area is 4.1%. Further analysis of the data indicates vacancy rates for 1- bedroom units of 6.1% in the overall City and 3.7% within the area including the subject land. As additional information, in the category of apartment building size (6 to 19 units), the City -wide vacancy rate is 8.0% for October 2008 compared to 3.7% in the previous survey. All of these CMHC figures exceed the Official Plan three percent vacancy rate threshold. Therefore, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The building contains 18 one - bedroom apartment units and one bachelor /studio unit. The applicant estimates that the selling prices for the proposed condominium units will be approximately $65,000.00 to $80,000.00 which would provide affordable housing. The average rent for a one - bedroom unit in the building is $725.00 which exceeds the average of $705.00 from the CMHC survey for one - bedroom units in this area. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected - a vacancy rate of three percent or more is considered desirable for a healthy rental market. The vacancy rate throughout the major urban centres of Niagara July 20, 2009 is 4.3% for all apartment units in October 2008 (an increase over the 4.0% figure last year). On this basis, the Region is not opposed to the conversion of these apartment units. Site Assessment The apartment building was constructed in 1974 in compliance with Zoning By -law provisions in place at that time (site specific By -law 73 -94) and an approved site plan that has since expired. The property is currently zoned Residential Apartment 5B Density (R5B) in accordance with Zoning By -law No. 79 -200. Although compatibility with the surrounding properties has been established over the years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and to formally recognize acceptable zoning by -law deficiencies. The original Building Permit records for the development no longer exist. Information submitted with the application lists tenant names for 19 units rather than 18 units as indicated on the draft plan. Regardless of rental or ownership, compliance with Ontario Building Code standards for the extra unit is needed. The size of the property satisfies the minimum lot area requirements for the 19 units. The existing development provides 28 parking spaces which complies with the current zoning standard. However, the length of the parking stalls, width of the driving aisle and location of spaces within the front yard do not meet the zoning requirements. it appears the side yard width and balcony projections as well as the placement of the storage building in the rear yard may not satisfy current by -law provisions. Staff is satisfied that the existing site conditions can be recognized through a variance application. Private waste collection service is provided. The garbage bin and recycling containers are located at the east limit of the parking lot in a partially fenced area. A proper enclosure is required to screen the garbage area. The Region requests a condition to formally advise purchasers that the site does not satisfy the Region's policy for waste collection. There is privacy fencing around the perimeter of the property. Several mature trees and landscaping exist on the site. The land is within an old plan of subdivision (registered in 1926 - prior to typical parkland requirements) and cash -in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership complies with Official Plan policy and can be supported. The rights of the current tenants are safeguarded through the requirements of the Residential Tenancies Act. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: Alex H Ed - 3 - PD- 2009 -51 R. Wilson:gd Attach. S:1PDR120091PD- 2009 -51, Supplemental Report, 26CD- 11- 2008 -03, 4218 Portage Road, Draft Plan of Condominium.wpd , Director of Planning & Development Ken Todd, Chief Administrative Officer Director of Community Services July 20, 2009 -4 APPENDIX Conditions of Draft Plan of Condominium Approval "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." PD- 2009 -51 1. Approval applies to the 4218 Portage Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated February 29, 2008, showing an apartment building containing 18 dwelling units, open space and parking /driveway areas (revised plans need to show the existing 19 units). 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any zoning by -law provision deficiencies for the property including parking stall size, driving aisle width, parking in the front yard, side yard width, balcony projections and storage building setbacks. 5. The developer submit information verifying compliance with the Ontario Building Code for the extra unit in the apartment building or undertake any necessary alterations to the satisfaction of the Building Division. 6. The developer submit a plan showing the proposed garbage enclosure details for the review and approval of Planning & Development and construct the enclosure to the City's satisfaction. (Note - the garbage area may need to be shifted slightly to the east to allow proper vehicle manoeuvring in the parking area). 7 The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 8. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 9. The developer provide an updated Human Resources section of the building's Fire Safety Plan to Fire Services if there is a change of ownership. 10. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: 11. The developer provide five copies of the pre- registration plan for the condominium to Planning & Development. July 20, 2009 Clearance of Conditions - 5 - PD- 2009 -51 Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 10 Proposed Plan of Condominium 4218 Portage Road 26CD- 11- 2008 -03 Copyright 2008 - City of Niagara Falls Subiect Land SCHEDULE 1 Location Map November 2008 Draft Men of Canddrtr .gn Canverdon ot PART OF BLOCK "A" REGISTERED PLAN 56 City of liagara Fais REGIONAL MUNICIPALITY OF NIAGARA " It 00 SCALE 1 : 250 Matthews, Cameron, Heywood - Kerry T. Howe SURVEYING UNITED U.N: 38306 2008 PART 1, PLAN 59R -7418 '0(510(5 rI A L •r 5 ISCI nl at p1 rnI c ilnl I ^I Icc 161 La1 Y ,ew,rc PART 2 ". er. a f _ [PART 1 _9R -6437 / •c o u o r e e r A L• — — — _ --- — ' 9, — 59R 643 PAR 2, 59R -6437 .. L PART 8, 59R -643 1� — — — PART 3. 9R -6437 / 59R A 643 — — — — — — — — — — — [PART 1O. 59R -6437 _ / - - Q / / PLA 59R -5625 / . / / / \_01 / / / "r0\11°SN \ em, ar. rue og "V CRY OF MAGARA FALLS KEY PLAN (not to scale) ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1998 (A) -AS SHOWN ON DRAFT PLAN (B) -AS SHOWN ON ORAFT PLAN (C) -AS SHOWN ON DRAFT AND KEY PLANS (D) -THIS IS A PROPOSED CONDOMINIUM CONVERSION OF 18 UNITS (6) - AS SHOWN ON DRAFT PLAN (F) -AS SHOWN ON DRAFT PLAN (G) -AS SHOWN ON DRAFT PLAN (51) - MUNICIPAL (I) -SANDY LOAM (J) - LAND IS GENERALLY FLAT (K) ALL MUNICIPAL SERVICES AVAILABLE (L) -NONE LAND USE ANALYSIS LOT AREA 2992 sq.m BUILDING AREA 657 sq.m BUILDING COVERAGE 22X LANDSCAPE /OPEN SPACE 48X PARKING AND LANEWAY COVERAGE 30% NUMBER OF UNITS 18 1- bedroom units PARKING 28 spaces -- - - ---denotes boundary of site OWNER'S CERTIFICATE 1 HEREBY AUTHORIZE MATTHEWS, CAMERON, HEYWOOD - KERRY T. HONE SURVEYING UNITED TO SUBMIT THIS PLAN TO THE CITY OF NIAGARA FALLS FOR THEIR APPROVAL February . 2008 04AIINAT P00001 005e •5 040001 OI494EA9 AO JOSVt 17344AR11 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE BOUNDARIES OF THE LANG TO BE SUBDIVIDED ARE CORRECTLY SHOWN. February 20, 2008 Dale N c1 a,ae L aa n.1.. MATTHEWS, CAMERON, HEYWOOD• KERRYT, HOWE SURVEYING LTD, au AYrbe- W s. 10,1(6. ,i,8 6e. M.= res�L 81161 Sos..% tufait 1.7112 wN•68 -11 o1..,. Bp SS /AT. a..m.e Sp A. Noy.e*C c..... .0(3(6l.0161X0lWTAAK6a radoor.un 2486 r.ea.2ro2a,..e June 24, 2009 Mr. Richard Wilson Planning & Development City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Rick: BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: Trade A Dollar Inc. (Shaukat & Amina Parekh) Condominium Conversion Application 4218 Portage Road (East Side) North of Gallinger Street Your File No. 26CD -11- 2008 -03 In connection with the above matter, please be advised that I had a meeting with the tenants at 7:00 p.m. on Monday, June 22n There were seven tenants in attendance and we spent approximately one hour and forty -five minutes in a detailed discussion of the matter. I indicated to them, and I think that most of them probably understood, that it is advantageous for them to have a condominium as opposed to the existing rental situation. They are obviously concerned about security of tenure. I pointed out to them that under Sections 48 & 49 of the Residential Tenancies Act the existing landlord can give them notice to vacate for a use of the landlord or his children. When it is converted to a condominium, Sections 51(1) and 51(2) indicate that this is not possible in the event of a conversion. I am enclosing a copy of these two sections for your information. When the property is converted to a condominium, of course, all of the other sections of the Residential Tenancies Act apply so that the tenants are protected and, of course, have the additional protection of Se.; y Planning Scanned File: JUN 2 4 '`z_99 P!_ANN? >,:- ;. & DE''FLC • nIT I further indicated to them that on a condominium conversion there will be conditions applied. The main condition will be the necessity of having a site plan which would include site plan improvements to the property which would, of course, be beneficial not only to the property but to the tenants. There would be requirements for the building to be inspected by an Engineer to make certain that it is structurally sound and in proper compliance with the existing codes, including fire codes. I also indicated to them that there would be a requirement for the landlord to pay 5o for park dedication and any other requirements that the City deems necessary on the conversion. After lengthy discussions, I believe that the majority of the tenants were satisfied with our discussions. If I can be of any further assistance, please advise. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Bri Briclair Q.C. July 20, 2009 PD- 2009 -52 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraFalls Re: PD- 2009 -52 AM- 2009 -009, Zoning By -law Amendment Application Dunn Street (North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes (Tara) Ltd. (Tara Colaneri) Proposed 6 Storey, 58 Unit Apartment Building RECOMMENDATION: That Council not approve the Zoning By -law amendment application to a site specific Residential Apartment 5B Density (R5B) zone to permit a 6 storey apartment building at 102 units /hectare. BACKGROUND: Proposal The amendment is requested fora 0.573 hectare (1.416 acre) parcel of land on the north side of Dunn Street, west of Level Avenue and opposite Ailanthus Avenue, as shown on Schedule 1. The applicant proposes the development of a 6 storey apartment building containing 58 units. Schedule 2 provides details of the proposed site plan. Schedule 3 shows the elevations of the proposed apartment. The subject land is currently zoned Institutional (I) through Zoning By -law No. 79 -200. The I zone does not permit apartment buildings and limits the height of buildings to 3 storeys. The applicant has requested the zoning of the land be changed to the Residential Apartment 5C Density (R5C) zone with site specific development standards to reduce the lot area per unit and to reduce the minimum landscaped open space requirement from 40% to 30% of the lot area. Surrounding Land Uses The subject land is within an area comprised of 1 to 4 storey buildings. The one - storey Niagara College Maid of the Mist Centre is directly to the west. There are retirement apartments abutting the site to the north (La Residence Joie De Vivre - 3 storeys) and to the east (Cavendish Manor - 2 storeys). There is a 4 storey apartment (developed by the applicant) and an auto repair business located across the street. Further east and west along Dunn Street are genera (ydetached dwellings on land that has been prezoned R4 okia O23, Niagara °Falls; ON, C anada L2 E 6X5 ;9 5:356=7521 .wwwmagarafalls ca Working Together to Serve Our Community Community Services Department Planning & Development July 20, 2009 - 2 - PD- 2009 -52 in anticipation of redevelopment for townhouses or low -rise apartments. Single detached dwellings exist to the south on Ailanthus Avenue and to the east and west along Level Avenue, Dixon Street and Orchard Avenue. The Fallsview Tourist area is located to the east beyond the single detached homes and a minor commercial area is located several blocks to the west at Dunn Street and Drummond Road. Circulation Comments Information on the requested Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Municipal Works Planning Review No objections to the proposal. All requirements will be addressed through the future Site Plan Agreement. • Transportation Services Dunn Street is an arterial roadway and a 0.91 metre (3 foot) widening is required. There should only be 1 driveway permitted for the development aligning with the west portion of Ailanthus Avenue (potential future signalization). Staff note increasing traffic volumes in the area due to development, the satellite parking lot for hotels and the future convention centre. If the 2 driveway design is maintained, a traffic safety audit report must be prepared to the City's satisfaction. • Regional Niagara Development Services No objection from a Provincial or Regional Planning perspective. The location is well suited for apartment development. There is a requirement for a Phase 1 Environmental Site Assessment due to a previous structure /use on the property (approval prior to by -law passage or the inclusion of a holding (H) provision). Various matters were considered in assessing the application. Based on this analysis, the requested amendment cannot be recommended. The review of the amendment is summarized as follows: 1. The proposal is not consistent with the Provincial Growth Plan. The Provincial Growth Plan directs municipalities to plan for a mix of housing within the community and provide for the intensification of land uses within the built -up area. Municipalities are to identify the appropriate type and scale of development. While the proposed zoning would accommodate an intensified form of development and will add to the a mix of housing types in the area, the scale of development is not in keeping with the established and planned character of the area. July 20, 2009 - 3 - PD- 2009 -52 2. The proposal does not comply with the Official Plan policies due to the requested height and density. The City's Official Plan designates the subject land and surrounding properties as Residential. The policies of the Plan support apartment buildings between 4 and 6 storeys up to a maximum density of 100 units /hectare (40.5 u /ac) where located on the periphery of residential neighbourhoods with convenient access to arterial roads and generally close proximity to shopping, major institutional uses and parks. lnfill development is to be integrated in the community to achieve compatibility and sensitivity in terms of density, height gradation and massing, among other criteria. Typically, maximum heights and densities can only be achieved in ideal situations. Dunn Street is classified as an arterial road in the Official Plan and the site can generally meet the locational criteria in order to be considered for higher densities. The proposed development will have a density of 102 units /hectare (after road widening) which exceeds that allowed by the Official Plan. While there is a mix of land uses adjacent to the site which afford some increase in density, the lands are not on the peripheral edge of the residential area (commercial development 317 m to west and 200 m to the east). The proposed 6 storey apartment would not be in keeping with the character of the area. Across the street is a 4 storey building which the Ontario Municipal Board determined was an appropriate height for the character of the neighbourhood and required a roof feature to provide a visual impression of a 3 storey building with units in the attic level. Although staff had supported a building height of 5 storeys across the street, that was for a development with underground parking and the Board ultimately decided a lower building was preferred. The abutting retirement homes to the east and north are 2 and 3 storeys in height respectively. The prezoned lands in the area can be developed for apartments /townhouses to a maximum height of 3 storeys. 3. The Zoning By -law amendment to replace the current Institutional zone with a multi- family residential zone is appropriate, but not at the requested development standards. The property is currently zoned Institutional (I) which permits a hospital, nursing home, retirement home among the uses to a maximum building height of 10 metres /32.8 feet (3 storeys). The requested R5C zone provides a maximum height of 19 metres /62.3 feet (6 storeys). The applicant also requests reductions to the minimum zoning standards for lot area and landscaping. The requested height is almost double the height currently permitted on the site and the prezoned R4 lands along the street. The requested height is not in keeping with the levels established for the area. As a further comparative, the approved site plan across the street sets a building height of 12 m (39.37 ft). The standard R5C zone requires 100 sq m (1,076.4 sq ft) of lot area per dwelling unit, which has a density of 100units /hectare (40.5 u /ac). The applicant is seeking a lot area of 97.82 sq m(1,053 sq ft) per unit. This is equates to 102 units/ hectare. The density is twice that for apartments in the R4 zone of nearby lands. The reduction of 2 floors and an increase in the building footprint would allow for some intensification while still allowing for a density in compliance with the Official Plan. July 20, 2009 - 4 - PD- 2009 -52 The R5C zone requires a minimum landscaped area of 40 %. The proposal is to provide only 30% landscaped area on site. The applicant proposed using coloured /stamped concrete for portions of the parking lot to compensate for the loss in landscaping. This is unacceptable since the area will be used to park cars not for resident amenity space. A full landscape component is necessary to visually reduce the mass and scale of an apartment building on this site. The site design has a number of inefficiencies such as driveways with parking on only one side. The building could be shifted from the centre to one side of the site with a single driveway having parking on both sides which would result in sufficient area being available to reach 40% landscaping. The proposal is an over development of the site. Through the preliminary consultation process, staff examined, with the owners and their architect, various options which would allow an increase in density over the R4 zone with building /parking /driveway arrangements to improve efficiencies and achieve a design in keeping with the area. These were not accepted by the applicant. 4. Future application for Site Plan Approval is necessary for the development of the lands. The Site Plan Control process will determine design details including driveways, parking layout, landscaping, perimeter privacy fencing, lighting, service construction and grading /drainage requirements. The Traffic & Parking Division has identified potential conflict between the 2 driveways into the site and the location of Ailanthus Avenue which has a divided lane profile at this location. Staff note that a portion of the parking area for Cavendish Manor encroaches onto the subject land. This parking needs to be removed and the existing site plan for the retirement home will require a site plan amendment. CONCLUSION: The multi- family residential use of the subject land is supported. However, the requested height, density and landscaping provisions are not appropriate to provide a development that is compatible with the neighbourhood. Therefore, the application, as submitted cannot be recommended for approval. The applicant is encouraged to redesign the development for the site at a lower height and density and bring the revised plan back to Council for consideration at a future meeting. Recommended by: Approved by: Respectfully submitted: Alex He lovitc , a irector of Planning & Development Ed Dujlovic, 16,44J2- cutive Director of Community Services en Todd, Chief Administrative Officer R.Wilson:mb Attach. S: \PDR\2009 \PD- 2009 -52, AM- 2009 -009, Dunn Street (North Side), Pinewood Homes (Tara) Ltd.wpd Sublets Land LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: Dunn Street (North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes (Tara) Ltd. (Tara Colaneri) SCHEDULE 1 AM- 2009 -009 June 2009 LEVEL AVENVE NI114321 01 033il1 04191 C73ARIFAI 30 01 OCE011 011191X3 31 az El 1111 LAI It/ PM LI law Ltol PC mismam 11 1 1 IIIMMMUICLZEICMCIINNTAAJO,0 t e, me....rwomommunmer:Owic..smils .1 4! • - 11 3;311E140dd 301$ stuworov o wye 133 01410 30,213AY co o__ Nj a z SCHEDULE 2 ■tee � :x . 4Y; l }. } $:Ii�oFl .rtt:m.2t ��!xttonc5 �t.2 ®:I III IIII I, I 1111111- 111111111 1 111111 ® .. 111111111/ 1 • F !M■ 11° u F ®F SCHEDULE 3 4011 4.1 " - 4W Lrn1 V10f W06 • L ze1 Niagara Region July 9, 2009 Files: D.10.04.OPA -01524 0.18.04.ZA -04363 Mr. Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: PUBLIC WORKS DEPARTMENT Development Services Division 2201 St, David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-685-1571 To I I- free:1- 800 -2 63 -7215 Fax: 905 -687 -8056 www. n i aga ra reg i o n.ca Re: Regional and Provincial Review Comments Official Plan Amendment & Zoning Bylaw Amendment (AM -2009 -004) 6570 Frederica Street & City Wide Official Plan Amendment to Remove Market Impact Studies City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Official Plan and Zoning By - law Amendment applications. There are two Official Plan Amendments; one for the property at 6570 Frederica Street and one city -wide amendment. The Zoning Bylaw Amendment is specific to 6570 Frederica Street. The 6570 Frederica Street Official Plan and Zoning Bylaw amendment(s) would redesignate and rezone portions of the subject property from the Open Space categories to Residential categories to facilitate the sale of City surplus lands. The city -wide Official Plan Amendment proposes to remove Official Plan policies that require the submission of retail market studies as part applications to amend the Official Plan. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed applications. 6570 Frederica Street Official Plan and Zoning Bylaw Amendment The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Provincial Policy Statement (PPS) and Greater Golden Horseshoe Growth Plan contain polices that direct growth to urban areas and support intensification in the urban area. Land use patterns within urban areas shall be based on densities and a mix of land uses that efficiently use land, resources, infrastructure, and public service facilities which are planned or available, and avoid the need for uneconomical expansion. Building Community. Building Lives. RECEIVED JUL 1 0 2009 PLANNING & DEVELOPMENT 2 The subject lands are located within the urban area and currently contain two arenas along with the associated parking lot(s). The surrounding neighbourhoods are well established residential areas primarily composed of single detached dwellings. The redesignation and rezoning of the property will provide a redevelopment opportunity that will make efficient use of land and infrastructure that are available within the urban serviced area. Further, the lands are located within a reasonable walking distance of a school as well as Lundy's Lane where a number of commercial establishments exist. Future residents of the area will benefit from improved transportation choice along with good access to a number of commercial services and a school. Environmental Site Assessment The property is currently used as an arena (community use) and a change in use to a more sensitive use, such as residential uses, will require the filing of a Record of Site Condition (RSC) in accordance with Ontario Regulation 153/04 and acknowledged by the Ministry of the Environment. Accordingly, a Phase I Environmental Site Assessment (ESA) will be required. Should the Phase I ESA conclude that further evaluation should be undertaken, a Phase 11 ESA will be necessary to determine the nature and extent of the environmental impacts on the subject property. The results of the Phase II ESA will determine whether site remediation is necessary and make recommendations for remediation. The City should place a Holding symbol (H) on the amending zoning bylaw for the completion of the ESA as well as the filing of the RSC. Noise The property is adjacent to Highway 420 where noise from traffic could potentially impact future residents. A noise barrier has been constructed; however, the barrier terminates just to the west of the property. The Ministry of Environment recommends a noise study be undertaken for new development that is within 250 metres of a provincial highway. The City should place a Holding symbol (H) on the amending zoning bylaw for the completion of the Noise Study. City - Wide Official Plan Amendment Integrated Community Planning has reviewed the proposal by the City of Niagara Falls to remove Official Plan policies that require the submission of retail market studies as part of applications to amend the Official Plan. Staff cannot support this policy direction, which would be contrary to commonly accepted planning practice across the Province. Market impact studies are useful in assessing new proposals from various perspectives including need, size, location, scale, area served, overall supply, distribution throughout the community, compatibility, servicing requirements, and impact on other existing and planned commercial areas including the downtown. From a conformity standpoint, the proposal is contrary to the policy direction for commercial uses set out in Policy 5.14 of the Niagara Region Policy Plan. Moreover, the City's proposal does not align with the recently adopted commercial policies found in Policy Plan Amendment 2 -2009, which was approved, as amended, by Regional Council on May 28, 2009. 3 The City is strongly encouraged to retain the current policy requirements found in its Official Plan. Conclusion Regional staff has no objections from a Provincial or Regional perspective to the approval of the Official Plan and Zoning Bylaw Amendment applications for 6570 Frederica Street provided a Holding symbol is placed on the amending zoning bylaw for the completion of the Environmental Site Assessment and Noise Study. Regional staff cannot support the city -wide Official Plan Amendment that would remove the requirement for market studies as it is contrary to Regional policy and does not reflect commonly accepted planning practice. The city -wide Official Plan Amendment will require Regional approval in accordance with the Memorandum of Understanding; therefore both Official Plan Amendments will require Regional approval. Should the City process the 6570 Frederica Street Official Plan Amendment as a separate bylaw, it would be exempt from Regional approval in accordance with the Memorandum of Understanding. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Marilyn Redman, Manager of Development Services. Please send notice of the City's decision with regard to this application. Yours truly, Sue Mabee Planner SM! Cc: Ken Forgeron, Senior Planner, Integrated Community Planning L:\Mabee - Sue\NIAGARA FALLS\OPA\6570 Frederica Street \Comments,doc July 20, 2009 PD- 2009 -53 Niag araFalls V CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -53 AM- 2009 -004, Official Plan & Zoning By -law Amendment Applications 1) 6570 Frederica Street & Frederica Street (North Side) Future Residential Use of Surplus City Land 2) City -Wide Policy Amendment Removal of Retail Market Study Requirement Applicant: City of Niagara Falls RECOMMENDATION: 1) That Council approve the Official Plan and Zoning By -law amendment applications on Frederica Street to redesignate the south parcel Residential and change the zoning of Part 2 to the Residential Single Family and Two Family (R2) zone and Part 3 to a combined Residential Single Family and Two Family (R2) and Residential Low Density, Grouped Multiple Dwellings (R4) zone, both with the appropriate inclusion of holding (H) provisions in the amending by -law for environmental and noise mitigation requirements. 2) That Council approve the Official Plan amendment application to remove the requirement for the submission of retail market studies. BACKGROUND: These applications are housekeeping matters to address Council directives. The Frederica Street amendments propose to redesignate and rezone surplus City property for future residential development. The policy amendment to the City's Official Plan is proposed to eliminate the requirement for the submission of commercial market studies. A) Proposal - Frederica Street Residential Development The amendment is requested for two parcels of land with areas of 1.237 hectares (3.057 acres) and 0.313 hectares (0.773 acres) located on either side of Frederica Street, between Glenholme Avenue and Prince Edward Avenue, and south of Highway 420 as shown on Sched 1. A more detailed plan of the sites is provided on Schedule 2. Theseaands contain the Stamford and Jack Bell arenas and two anada'L2E 6X. Working Together to Serve Our Community Community Services Department Planning & Development July 20, 2009 - 2 - PD- 2009 -53 parking lots that have been declared surplus by the municipality and will be offered for sale after the opening of the Bob Gale arena complex. This is a City- initiated application to allow future residential development on the land. The existing Prince Edward Park is to remain. The portion of the subject lands located on the south side of Frederica Street are currently designated Open Space in the City's Official Plan. This designation does not permit residential uses. The redesignation of the land to Residential is proposed to allow the parcel to be used for residential purposes. The subject lands (both the south and north sides of Frederica Street) are currently zoned Open Space (OS) through Zoning By -law No. 79 -200. This zoning only permits recreational and institutional uses. The zoning of the land on the south side of Frederica Street is proposed to be changed to the Residential Single Family and Two Family (R2) zone which permits single - detached, semi - detached and duplex dwellings (and is the same zone category as the surrounding area). The zoning of the land on the north side of Frederica Street is proposed to be changed to a combined Residential Single Family and Two Family (R2) zone and a Residential Low Density, Grouped Multiple Dwellings (R4) zone which would permit single - detached, semi - detached and duplex dwellings as well as townhouses or an apartment building. Surrounding Land Uses There are primarily single- detached dwellings on the surrounding streets in this neighbourhood. Highway 420 is located directly to the north and a City park exists at the corner of Prince Edward Avenue and Cook Street abutting the south parcel. Circulation Comments Information on the requested Official Plan and zoning by -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Fire Services and Municipal Works - No objections to the proposal. Municipal services are available on the abutting streets. All requirements for development will be addressed through the review of future planning applications. Transportation Services No objections. Various road widenings and daylighting triangles are to be dedicated as public highways prior to the sale of the land. • Regional Niagara Development Services No objection from a Provincial or Regional planning perspective. There is a requirement for a Phase 1 Environmental Site Assessment for the arena site and a holding symbol (H) should be included in the July 20, 2009 - 3 - PD- 2009 -53 by -law. A study to investigate noise impacts from Highway 420 and recommend any mitigation measures is needed. A holding (H) provision in the by -law is requested for the completion of a noise study. • Ministry of Transportation - A minimum setback of 14 metres (46 feet) is required from the Highway 420 property line for all above and below ground structures including internal roads, required parking and services. Specific development applications will require further review and permits from the Ministry. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the amendment is summarized as follows: 1. The proposal is consistent with the Provincial Growth Plan. The Provincial Growth Plan directs municipalities to plan for a mix of housing within the community and provide for the intensification of land uses within the built area. The proposed zoning would provide for a mix of housing types with some intensification opportunities. 2. The proposal complies with the policies of the Official Plan. The north parcel (Part 3) and the surrounding residential development is currently designated Residential in the Official Plan. The south parcel (Part 2) containing the arenas is designated Open Space reflecting the recreational use of the land. The redesignation of this surplus arena site to the same Residential designation as the balance of the neighbourhood is appropriate. The proposed amendments will facilitate the future residential development of the subject lands. The Official Plan encourages compatible infill developments such as what will take place on the land as these contribute to the City's supply of housing units and are an efficient use of existing services that minimize municipal costs. 3. The requested Zoning By -law amendment is appropriate, subject to including Holding provisions. The R2 zoning proposed for Parcel 2 bordered by Frederica Street, Prince Edward Avenue and Cook Street is the same zone category as the surrounding area. The development standards of the R2 zone will allow a future lotting pattern along the existing streets or by establishing a new roadway through the parcel. Staff estimate approximately 20 residential lots could be achieved. The R2 zone would allow for either detached or semi- detached dwelling units or a combination of both. July 20, 2009 - 4 - PD- 2009 -53 A compatible mix of dwelling types is promoted by the Official Plan to provide a full range of housing options throughout the City. In this regard, a combined R2 /R4 zone is proposed for the north parcel (Part 3) to enable the possible construction of multiple unit housing in the area. The usable depth of the property is limited by the setback requirement from Highway 420 therefore a small, low -rise apartment is a possible option for the site. Based on the minimum lot area provisions of the R4 zone, the size of the parcel would permit a maximum of 15 apartment units. Alternatively, single or semi- detached homes could be constructed on the land under the proposed R2 zone regulations. Utilizing minimum lot frontage and lot area criteria of the R2 zone, approximately 7 lots for single - detached homes or 5 semi - detached lots (10 dwellings) could be created on the property. In accordance with Regional comments, an Environmental Site Assessment and Record of Site Condition will be required for the arena site (Part 2) prior to future residential development. This evaluation will address any potential concerns regarding the past use of the property. Although there is a noise attenuation wall along Highway 420, a noise study is required for Part 2 and 3 to address possible issues including specifics for any warning clauses or construction requirements to mitigate highway noise. These two matters are recommended to be addressed through the inclusion of holding (H) provisions in the amending zoning by -law. The H provisions would be removed when the required studies are completed. 4. The heritage value of the two arenas should be documented. The Stamford Memorial and Jack Bell arenas have an associated value to the community because they have long served as skating /hockey facilities. Stamford is a memorial arena in recognition of the soldiers who served during World Wars I and II. Jack Bell arena is named after a local resident because of his work with Stamford Minor Hockey and Stamford Figure Skating Club. The arenas were built in 1949 and 1973, respectively. Prior to the sale of the land and demolition of the buildings, a photographic /video record of the arenas should be undertaken. B) Proposal - City -Wide Retail Market Studies The City is proposing to remove Official Plan policies that require the submission of retail market studies as part of applications to amend the Official Plan and /or neighbourhood commercial zoning. Currently, market studies are to be submitted for: a new or significant expansion of a designated commercial district; an expansion of floor area beyond that permitted in the Zoning By -law; an increase in neighbourhood commercial floor area beyond 930 square metres; and a new or significant expansion to a Tourist Commercial district. Regional Comments The Region's Integrated Community Planning staff do not support the application. The Region indicates that market studies are useful in assessing new proposals from various perspectives including need, size, location, scale, area served, overall July 20, 2009 - 5 - PD- 2009 -53 supply, distribution throughout the community, compatibility, servicing requirements and impact on other existing and planned commercial areas including the downtown. Planning Review The Official Plan has contained policies, since 1982, that require the submission of retail market studies as part of applications to amend the Plan for any new or expanded retail district or expanded neighbourhood zoning. The purpose for requiring market studies was to try and avoid creating an oversupply of retail floor space in the City. Council directed that staff delete the policies regarding market studies since the requirement focused on only one segment of the commercial market, had not provided the protection to prevent a large supply of commercial space and because certain areas of the City still experience higher vacancy levels despite protectionist policies. 1. Removal of policies dealing with market studies will allow review of applications on a site by site basis. The Official Plan has been amended 7 times in the last 27 years to add new commercial areas or to provide for significant expansions of retail districts (see Appendix 1). The amendments had largely occurred to respond to changing trends in the retail market and in an attempt to stem the flow of resident spending outside of the City. Council believes that the retail sector tends to be self - regulating and will not build more space than can be physically absorbed by the market. This is evidenced by the number of sites in the City which have approvals, but remain unbuilt due to market conditions (ie. Loblaws properties on the forger Acres site, Adams Centre, Mount Carmel Centre). Council also observed that districts will remerchandise and rebrand in order to remain competitive and attract new shoppers. Staff conducted a sampling of Official Plans from other municipalities and found that the documents varied from requiring market studies, providing discretionary policies on studies or did not require studies. The municipalities with rapid growth tended to be the ones which did not require studies. Staff also found some municipalities used other forms of control to regulate commercial space (ie. floor area ratios /capita, built form and hierarchal policies). None of these other approaches are being advanced at this time. Council, having considered the effectiveness of requiring market studies, is not satisfied it is an adequate tool to meet the intended purpose. There are other municipalities that do not require market studies as part of the review process. Council intends to move toward an approach where the marketplace will be self - regulating. Applications for new or expanded retail floor area will be examined by Staff on a site -by -site basis during the review process and appropriate comments provided to City Council in the planning July 20, 2009 CONCLUSION: The requested amendments for the Frederica Street properties are recommended for approval. The proposal complies with the Official Plan and Provincial planning policies. These land use changes will facilitate the sale and future residential development of this surplus City Land. The inclusion of holding (H) provisions in the zoning by -law is required to address environmental and noise issues. The approval of the City -wide Official Plan amendment to remove the requirement for the submission of retail market studies will implement Council's direction while allowing staff to review applications for new or expanded commercial space on a case by case basis. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. - 6 - PD- 2009 -53 reports. Accordingly, the proposed amendment to implement Councils' direction will eliminate any requirement to submit market studies for new or expanded commercial districts or floor areas (Appendix 2 contains extracts of the Official Plan showing the policies to be deleted). &iv tia,, Alex Herlovitch, Djr for of Planning & Development Ed Dujlovic, E ecutiveDirector of Community Services Ken odd, Chief Administrative Officer S: \PDR\2009 \PD- 2009 -53, AM- 2009 -004, Frederica Street Surplus Land and Retail Market Studies, City - Initiated.wpd Subject Land Location: 6570 Frederica Street Applicant: City of Niagara Falls 420 HWY K: \GIS_Requests\ 2009\ Schedules \zoningAM\AM- 04 \mapping.map SCHEDULE 1 LOCATION MAP COOK ST co z c) m r m z x 0 r rn m Amending Zoning By -law No. 79 -200 N 1:NTS AM- 2009 -004 O L07 (c) 24 NAV trAffl Of Om/ 51 _OT LOT ho of NA TN TSA. \ai O 1 9 I O I LOT 20 1.07 19 31 I LOT I — a 30 LOT 29 t LOT 28 63 LOT 27 fi LOT 62 LOT Ek 26 ± LOT 61 � I Q- LEEMDVC STREET 42 a PANT 4 _ ,a,..,TA. _ u i,. —i 0;AS ..0 13,00 «.wn � E FREDERICA � ` «,.,,.613..««.. o-, « 30 `• Z = S77ZEh - r (ATM ••, 1 m mrsoNet (230329 K1 22, Pe.. aE STREET LEEMIFIG STREET 55 NO fel 30 LOT 93 csi LOT Q —EL-- 23113 . 3. 3. s. 1 • 6 (CO...) CONON. All 0 •ix 603 - .N199 ?O. -1- ' F'ART RD (P_2425 - 116) 1 p PAR 9 PART O O I O P tE. F' m PART 1 LOT A 91— g9 LOT 1 89 dd 0 LOT N 87 1 . A 6.b1.•515 ,E; LO w 85 Et �r PART W1 � P 59R -11 tE Z LOT J 81 PAK 1.150 LOT 79 LOT 77 TALK ONLI 69 67 LOT 65 1 LOT 63 1 In LOT W 61 O_ 1013 1x'143) 31 ongEU 6u7ioxxLn 0 LOT w 75 7 269. +«« — 69 - - C9 61 LOT w 73 CC Pa ` COOKE a6N.9 W6 b. SCHEDULE 2 Q E � 0113 «fit — LOT 71 ••.n.,• NOTES 69.'33131)161 clan ON OK 60.0 ..s N41\En 1606 « A P6e«E A114 c 3 O,,, 14E. 03133 T..c Oro. METRIC NOTE COONSIiw TO 1.1 I II Ple PUN MO DV CN * MS MO CAN ec pFARIN6. NOTE KAM. ARE ASMONOIE MO MO WIN. TO TN MAN A. m 24 :5-2 1 ), °O"` »N A 1.. AT Of NITOae . z00e P 59R- 29 Kaxu •oinasRn' nArc rc * aasmu a vax 13.1323. laun� (0607 KAN Of WM, Of LOTS 32 to 39 (both inclusive) LOTS 67 to 74 (both inclusive PART OF AVENUE REGISTERED PLAN 51 AND LOTS 32 to 44 (both inclusive) REGISTERED PLAN 63 AND LOTS 60, 61 and 62 & PART OF LOTS 63, 64 and 65 REGISTERED PLAN 44 AND PART OF STAMFORD / T y OWNSHH I I , P , S LOT 125 REGIONAL , IONA M NICIPPAL OF NIAGARA +103 teRNL NIDA - 3®Pf L N'IL SM11W L«113D SURVFYOR'S CFRTIFICATE ANCOMANTE 600 6`' NEw.ma burr Nmf 230 v x sw.ET .0 mnEND a R mo6 NAANNAT. 75. to. DATE al* I.5- GAMENCN SIMOSSMAIIMOMETANEVISIOM r ` r F i 5- w 23 00 44 P`" A.C. 1 0"1301`10« -91 MCGILL ST CROPTST , TNTLOR SY Nests \ 2009 CustorrAInt erna lW GE: 'GT Two,IY lal La s - 1988-Pi' Erma % 517 4 r 4 ILLitmEST. .SPFGNG 81 4 RIC] wor. .KER SE audiNenct um" UDETECRJ ILTON a azB m-Ll imm.dem;rim ri 71 ogle VAITion .......74 iti 2217 OCEIvAn ail 1 I A AMUR S 4111 EY • &TUG IPS IMA"all , 14C 172 \VPir a Y z ST f I NEB IIILIFt.'w -:‘ la mal Kin Pisa Ism No *Ir figismis w Demi ONL-4 TIMIEnAgsva 4 _/ .ts River K:\GIS ilffia.. Commercial Lands 1988 NM 1991 1994 to 1998 2008 to Present mown 1 ■■ Urban Area Boundary Base Map International Border Rail Hydro Road Allowance E=11 Rivers E=II USA AINIMGE 9 cAt•Lain sr_ NiagaraNA Expansion of Commercial Areas 1988-Present 0 1 km 4 1 2; ,vE.a ApriI, 200 Lands.ma PART 2 SECTION 3 - COMMERCIAL PREAMBLE 3.5 GENERAL POLICIES PART 2 SECTION 3 - TOURIST COMMERCIAL APPENDIX 2 The City has a large and varied commercial inventory which represents a significant capital investment and major tax base. In order to foster a healthy business climate and promote a balanced retail and office structure, the Plan establishes a hierarchy of commercial districts, promotes the strengthening of existing commercial areas, directs new commercial growth and provides for the recapture of retail dollars leaving the City. A hierarchy based on major, minor and neighbourhood commercial uses follows the established commercial patterns of the City. The classification of commercial areas recognizes the locational and trade area requirements of business and the varying size function of commercial areas to meet the needs of residents. . The Plan also promotes a high aesthetic quality in all commercial areas and endeavours to minimize their impacts on adjacent land uses. 4.2.8 The designation of lands for Tourist Commercial purposes as delineated on Schedule "A" provides for compact growth rather than dispersed PART 4 14.2.2 development as well as a servicing program aimed at realizing the full potential of each tourist district. Except for minor boundary adjustments, no new Tourist Commercial District or major expansion of an existing district is contemplated during the life of this Plan. However, where such development is proposed, an amendment to this Plan may be considered based on need and the submission of the following studies: i) hierarchy; SECTION 14 - GENERAL IMPLEMENTATION POLICIES 14.2 In order to ensure that all possible information is available to the City, the public and agencies involved in reviewing an application under the Planning Act, the prescribed information required under the Planning Act shall be provided along with additional information and /or reports that may be required, as determined through pre - consultation, such as, but not limited to, the following: 14.2.1 A planning justification report describing the appropriateness of the site for a proposed use and compatibility of the proposed development with surrounding land uses and consistency with the Planning Act and its Policy Statements and conformity with any Provincial Plans, the Regional Niagara Policy Plan and this Plan. S:IOFFICIAL.PLMAMENDI #9110P deletions - market study OPA.wpd Office of the Mayor Inter-Department Memorandum TO: FROM: Jennifer Manning Ext. 4205 RE: Council information Hello Dean: Would you please have the attached information from Global Public Affairs who is representing the Ontario Power Authority regarding a request for a proclamation for August 14, 2009 Count Me In! Community Challenge distributed to the council. Thanks, Jennifer Dean Iorfida DATE: July 8, 2009 Jennifer Manning - Count Me In! Community Challenge i iK£u Ar. 1 `.': E'i E. -- Tulf#':Y..e._� y'n_y0 1IZI41 ' .. as- From: "Andrew Bowles" <abowles @globalpublic.com> To: "Jennifer Manning" <JManning @niagarafalls.ca> Date: 6/29/2009 4:48 PM Subject: Count Me In! Community Challenge Attachments: Challenge Day Q &A document.doc; Community Challenge Entry FormSTATIC.pdf; Community Challenge Entry Form INTERACTIVE.pdf; Count Me In! - Photo Release Form.pdf Hi Jennifer: Page 1 of 2 This is the information you should have received a while ago. The Ontario Power Authority is a client of my firm, Global Public Affairs. We have been tasked to call municipalities around Ontario to garner support for the OPA's Count Me In! Community Challenge. As you know, there are two elements to the Count Me In! Community Challenge, and communities can participate in one or both of these challenges: • Power reduction on August 14, refereed by IESO • Per capita pledges between now and that date By taking the online pledge you create your own personal conservation plan from among 100 ways to conserve in everyday life. The goal is to have as many residents as possible from Niagara Falls take the pledge, thus saving energy while also improving your odds of winning the per capita challenge. There are prizes to be won just for individuals just for pledging. Once someone takes the pledge, he/she is automatically entered to win a daily prize and one of three grand prizes. Daily prizes range from $25 iTunes.ca gift cards to low -flow shower heads. Three grand prizes include a 16" HP laptop, a 42" flat screen HD television and a suite of Energy Star appliances. Referrals to friends generate additional chances to win the grand prize. Participating in the Count Me In! Community Challenge is easy. Just fill out the attached entry form so we can include Niagara Falls in the challenge going forward. It's important to have a central contact person. Please ensure you fill this in so we can stay in touch from now until Challenge Day on August 14. We know that municipalities across Ontario are doing many things every day to conserve energy. The overall role of this campaign is to highlight and support those efforts in the spirit of friendly competition. To that end, we are providing you with some tools right now: • Entry form as discussed above • Web banner ad for your municipality's website (available at http: / /countmeinontari /Conservation Resources /For - Partners /partners.asp • A release form for posting photos on the website (we can only post photos of people who have signed this form) • An FAQ on the overall campaign Also available for participating communities is a Count Me In! portable booth that you can use at community events between July 6 and August 9. Availability of this booth is limited so submit your requests early! file: / /C: \Documents and Settings \jm205 \Local Settings\ Temp \XPGrpWise \4A48F077Domai... 7/3/2009 Page 2 of 2 In addition, once Niagara Falls has signed up, you will receive a welcome kit to help you promote the Challenge in Niagara Falls. In return, we ask that you send us a web logo for Niagara Falls — preferably one that is a clickthrough to your site — and a few lines on why your community is joining this challenge. We'll post these to the central website (countmeinontario.ca) to support your involvement. Please direct any questions to Kendra Black at kblack(a)national.ca or 416.848.1407. Please give my best to Mayor Salci. I had the good fortune of working with him when I was with Chairman Partington's office. All the best, Andrew L. Bowles Consultant Global Public Affairs 310 Front Street West, 6th Floor Toronto, ON M5V 3B5 Direct Tel: 416- 597 -3477 Mobile: 416- 358 -8685 Fax: 416- 979 -7616 file: / /C: \Documents and Settings \jm205 \Local Settings\ Temp \XPGrpWise \4A48P077Domai... 7/3/2009 Photo Publicity Release Form Ontario Power Authority (OPA) Count Me In! Toronto, ON M5V 3B5 (Signature) Signature of Parent or Guardian (If under age 18): (Signature) COUNTI I ' , give OPA, its representatives and (Please Print Full Name Clearly) employees my permission to use my /their photographs for use and to publish in print and /or electronically. I understand that all photographs become the property of the Ontario Power Authority, unless I request otherwise, the photographs will not be provided to me. I have read and understand the above. (Date) (Date) 1 l uuiit 1v1C 111 Vnlarlu J-1uuut 1 ne Count me In! Lnallenge fee 1 he Competition! COUNT t` IN! Want to know where Ontarians have taken the Count Me In! pledge? Who's the competition? Who's leading the Count Me In! Community Challenge? This interactive map shows you all that and more' Want to get involved? Crick the Count Me In Button. Ontario About the Count Me In! Community Challenge 0n4g About Us 1 Terms & Conditions I Privacy Policy ENTER NOW! QUESTIONS? PROMOTE ITI SEE THE H - "1.' .i -.LLE 7.: All Participating Communities Woodstock Mayor Michael Harding Wendahck Hydro Orangeville Mayor Rob Adam Orange.Ile Hydro Penetanqu'rshene Mayor Anna Dubeau PowerStroarn Markham Greater Sudbury bttyor Frank Scarpini Mayor John Rodriguez Po» erkrmm Greater Sudbury Utilities Whitchurch Stretford I.ayor Wayne Emmerson Mayor Daniel Methieaon Hydro One - Fostiwl Hydro Aurora Waterloo Mayor Phyllis Morris Gayer Brenda Halloran Penxerbtrrom W teAm North Hydro Inc. Burlington Gaderich Mayor Cam Wckaon Mayer Showfolt Burlington Hydro Goderieh Riidro Guelph Mayor Karen Fal Guelph Hydro Hcctric55ateme Richmond Hifi Dryden Mbyor Dave Barrow Mayor Anne Kraaliwsa0 PonerStream Tit €soltburg Timmins Mayor. Stephen Molnar Mayer Thomas Laughren Tlkanburg Hydro Hydro One Val Rita-Harty t. Thomas rty Mayor Cliff Bmeick Rccve hurler Dourgrob Hydro One Hydro Ono Milton Sioux Lookout Gaper Kathy Poling Mayor Gordon Krantz Milton Hydro Siour Lookout Hydro Kenos Mayor Len Compton Kenoir t(ydro Electric Corporation Caledon Mayor Marolyn Monkon Hydro One East-Ferris razor W illiarn Vrebaseh Hydro One Barrie Mayor Dave Aspden PoncrStrcam G kri <v*surt Peterborough Mayor Paul Alone Peterborough Distribution Arnprbr Mayor Tony Gibeau Hydro one Callender Mayor Hector Lavigne Hydro One Norfolk Mayor Dennh Trarale Norfolk Poner deaEDA HEAR THE ABOUT ENERGY COMPETITION! COMPETITION! CONSERVATION WEEK e ieso Hamihon Mayor Fred E henberger Horizon UIiILLiot Oven Sound rawer Ruth Lovell Stunners Hyde° One Georgina Mayor Robert Grassi Hydro Onc London Mayor Anne Marie OcCiceo-Bert London Ilydro St. Catharines Mayor McMulbn Hor'uon Utilakn Mayor Neil Votdion Connections Ellis Elliot Lake Mryar Rick Hamilton Hydro One Kitchener Mayor Carl Zehr Kitchener-Wilmot Hydro Sarnia Mayor Mike Bradley BluoonterPower Aylmer Favor Bob Habk irk Hydro One Niagara Falls LayorTed&alci Ottawa Mryor Larry O'Brien Hydro Ottawa Brant Mayor Ron Eddy Brant Courtly Poner Ingersoll Mayor Paul Holbrough Eric Thorne, Pon•cr Corporation hydr8 e Top 20 Communities Meatord Mayor Franck Richany:on Hydro One Page 1 of 1 Copyright is 2009 Ontario Power Authority Horne I About The Count Me in Challenge I How To Take Part !Conservation Resources 1 Count Me Lai And Win 1 100 Ways To Conserve http: / /www.countmeinontari o.ca/ About - The - Count Me -In- Challenge /See - The - Competition.. -. 7/3/2009 COUNT The Count Me In! Community Challenge Q &A Q. What is Energy Conservation Week? A. Ontario's second provincewide Energy Conservation Week ran from May 17 to 23, 2009. It featured a variety of conservation- oriented events in cities and towns throughout the province. The Week was the centrepiece of an overall four -month campaign that began with a launch in April and culminates with the provincewide "Count Me In! Community Challenge Day" on August 14th. The overall objective is to raise awareness of, and drive participation in, energy conservation across Ontario. To learn more about Energy Conservation Week and "Count Me In! Community Challenge Day" explore the website: countmeinontario.ca Q. What does "Count Me In!" mean? A. The theme for Energy Conservation Week this year is "Count Me In!" It's a pledge to take meaningful action to conserve energy in our everyday lives. Ontarians are encouraged to count themselves in via an online pledge and to choose how they will conserve from a list of 100 energy saving ideas. Collectively, these steps save energy and money, reduce greenhouse emissions and contribute to a cleaner, healthier Ontario. Everyone is encouraged to share ideas, events and activities at countmeinontario.ca. Q. What is "Count Me In! Community Challenge Day "? A. The Community Challenge Day is the final element of the overall Energy Conservation Week campaign. It's on August 14, which is the anniversary of the North American blackout in 2003. On Count Me In! Community Challenge Day, Ontarians are encouraged to conserve energy throughout the day. When you say "Count Me In!," you're committing to take action in a variety of ways. By fulfilling your pledge on this day, you can prove the power of individual initiatives on the province's overall conservation goals —the most ambitious in North America. If your community has chosen to participate in the Community Challenge, you will also contribute to its results. Q. What is the "Count Me In! Community Challenge "? A. The Count Me In! Community Challenge takes its name from Energy Conservation Week's Count Me In! theme. The Count Me In! Community Challenge culminates on Friday, August 14- the anniversary of the North American blackout in 2003. During this time, cities and towns across Ontario are being encouraged to promote a variety of energy conservation ideas within their communities to drive awareness and participation. Cities and towns will compete for two awards: 1. Highest percentage drop in electricity consumption on August 14 2. Highest per capita participation in the Count Me In! pledge Q. Who is organizing the "Count Me In! Community Challenge "? A. The Count Me In! Community Challenge is an initiative of the City of Woodstock, in collaboration with Ontario Power Authority, the Association of Municipalities of Ontario (AMO), the Independent Electricity System Operator (IESO) and the Q. How can my municipality take part in the Count Me In! Community Challenge? A. If your municipality wants to say "Count Us In!" for the Community Challenge, please explore countmeinontario.ca. There you'll find an entry form, information and the steps your community needs to take to join the challenge. You can also contact info @countmeinontario.ca for more information. Q. Two challenges are identified — what do they involve specifically? One challenge is based on electricity consumption. To take part, your community must contact its local electricity distribution company, or "LDC." LDCs have access to municipal meter data, which is needed for consumption measurement. To compete in this challenge, you'll need to confirm that your LDC will provide meter data to the IESO on Tuesday, August 18. Not all LDC meters allow them to separate out the usage of specific municipalities. The other challenge is based on the number of people in your community who take the Count Me In! pledge, which is available at countmeinontario.ca. In both cases, to participate and be counted in, your community will need to identify a continuous point of contact for Challenge Day. This person will be the primary point of contact for all matters related to the Challenges between when you sign up and Challenge Day. Q. How will the two challenges be measured? A. Every city or town can enter in one or both of the two challenge categories. 1. Highest percentage drop in electricity consumption on August 14 To determine the winner, electricity use on Friday, August 14 from 08:00 -20 :00 will be compared to that used on, either Friday, August 7 or Thursday, August 13. Municipalities' savings will then be compared to the province -wide consumption changes to determine which one saved the most electricity. This method helps to factor out any impacts weather might have. The IESO will work with your LDC to ensure they know what data is required. 2. Highest per capita participation in the Count Me In! pledge The challenge will award the greatest percentage involvement by a participating community. This will be measured by the total number of online pledges over the community's population as of the most recent census data. Q. Can municipalities get any support for their efforts while participating in the Community Challenges? A. Let us know what your municipality is doing by contacting info @Countmeinontario.ca and we'll do our best to support your efforts. Q. When will the winners be announced? A. Winners will be announced on Wednesday, August 19, 2009 at the Association of Municipalities of Ontario(AMO) Annual Conference in Ottawa. July 20, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araf alls CANADA Re: L- 2009 -29 Declare Surplus and Sell City -owned Land Abutting 6701 Bellevue Street Our File No.: 2008 -284 RECOMMENDATION: L- 2009 -29 1. That part of Lots 324, 325 and 326 on Plan 44 and designated as Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, Regional Municipality of Niagara ( "subject lands "), and shown on Attachment "1" be declared surplus; and 2. That Council approve the Agreement of Purchase and Sale (the "Agreement ") from Daniel Stephen Hudson (the "Purchaser ") attached to this Report as Attachment "2 ", and that the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. BACKGROUND: The subject lands are former Ministry of Tranportation ( "MTO ") lands that were conveyed to the City by an Order in Council in 1982. In late December, 2008 it was brought to the City's attention that the owner of 6701 Bellevue Street has multiple encroachments on the subject lands. There is a 1375mm sewer which crosses the original parcel of land along the southwest portion of the subject lands and outlets to the Ontario Hydro Power Canal which precludes any building on the subject lands. Therefore, Staff agreed that the subject lands could be severed from the original parcel of land to accommodate the existing encroachments without affecting the sewer. The location and configuration of the subject lands is such that it would only benefit the Purchaser. The Purchaser was approached by City staff and has agreed that rather than remove the encroachments, he would purchase the subject lands at the appraised fair market value and pay for all costs associated with the sale of the subject lands, including the cost of the appraisal, reference plan and any public notices necessary to enact the sale. bagara Falls, ON,Canada L2E 6X5 905- 356 -7521 w Working Together to Serve Our Community Corporate Services Department Legal Services JUIy ZU, Zuu The subject lands have been appraised at $5,800.00 by Ron Ellens of Ronald E. Ellens Appraisals Inc. as of April 16, 2009 on the basis of how the land contributes to the value of the adjoining parcels of land; known as a Value in Contribution valuation since the subject lands have no stand -alone value as a residential building lot. The City, as Vendor has received an executed Agreement from the Purchaser, together with a deposit cheque in the amount of $580.00, being ten percent of the appraised price of $5,800.00, as per City policy. Notice of this declaration of surplus and land sale was given to the public by publication in the Niagara Falls Review on Saturday, July 11, 2009 in accordance with The Corporation of the City of Niagara Falls By -law No. 2003 -16 as amended by By -law No. 2005 -213. As such, Staff recommends that the subject lands be declared surplus and offered for sale to the Purchaser for $5,800.00 as set out in the Agreement of Purchase and Sale. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks -Z- Ken Beaman, City Solicitor a te,Liee, K. E. Burden, Executive Director of Corporate Services Ken lidd, Chief Administrative Officer L- ZUUU -Z 3 • -••• . = • , C:o0y.'ricAht 2.#09 tty. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A AGREEMENT OF PURCHASE AND SALE PURCHASER, Daniel Stephen Hudson , agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls , the following REAL PROPERTY: Address Part of Lots 324, 325, 326 Plan 44 Stamford; s/t ST36507 and R0431251 designated as Part 1 on 59R- 13961; in the City of Niagara Falls, Regional Municipality of Niagara(the "property "). PURCHASE PRICE: Five Thousand Eight Hundred Dollars and Zero Cents Dollars(CDN)$5,800.00 DEPOSIT: Purchaser submits Five Hundred Eighty Dollars (CDN$ 580.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(S) A attached hereto forms(s) part of this Agreement. 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Vendor until 4:30 p.m. on the 22nd day of July , 2009 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without .interest. 5. COMPLETION DATE: This Agreement shall be completed as soon as possible after the date of acceptance herein. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905) (For d. Very or ne,;r<, to Vendor/ FAX NO. (905) 371 -2892 !Fur dei;oery or nonce: co Purchaser, 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed, as soon as possible after the date of acceptance herein (Requisition Date), to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use ) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind,that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; © any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this I( day of t.) SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: Witness, Witness) (Purchaser, Oneness) (Purchaser) I, the Undersigned vendor, agree to the above Offer. DATED AT Niagara Falls this day of , 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS woo R.T. (Ted) Salci, Mayor woo Dean Iorfida, City Clerk (Seal) DATE Juu G J /Oq DATE DATE (Seal) DATE (Seal) , 2009 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 2009 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS /Purchase, Address for Service: Address for Service:The Corporation of the Tel. No. (905b A SL 150AK Q.G eaThaef and S41kcitli Vendor's Lawyer 5627 m strept P O t t Entrap ) NIMOOVAPOts Ontario !2G 5Z3 Address (905 ) Te1.No. DATE DATE ern, R.T. (Ted) Salci, Mayor DATE DATE /,..eon Dean Iorfida, Clerk (905 ) FAX No. City of Niagara Falls P.O. Box 1023, Niagara Falls, ON L2E 6X5 • Tel. No (905)356 -7521 (905)356 -7521 Tel. No. (Signe tur.l Purchaser's Lawyer Kenneth L. Beaman Address 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON Niagara Falls, ON L2E 6X5 (905) 371 -2892 FAX No. SCHEDULE "A" 0 0 sY TN x r a • 5\ •A'30-\0 r� 1 ��£ 101 ° 1 Z 101 01 a I icc 101 • 0I Q • � r 1 F O L z z 6Z 101 Q � 1 10� 0 " f10CSSON 'OH '1S41 6 rijaiO - Z. 'NTd \ � f LZ� 101 6� y a COL ££ fC I\ aS CS S 1 SZS ay 1 �v I i7r !r lr �dll • 4.->- £ ZC Vi 1----- r -- Y� -•jT,O • no- . ci� d�y i . lZ� 101 CL "* . . 1 o 101 W O 101 l�- 0 CC 0 6 July 20, 2009 CD- 2009 -09 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -09 Hunting RECOMMENDATION: Niagarajalls That Council support the request of the Ontario Federation of Anglers & Hunters and discontinue the issuance of municipal small game (pheasants and rabbits) licences. BACKGROUND: The City received the attached correspondence from the Ontario Federation of Anglers & Hunters (O.F.A.H.) regarding municipal small game licences. The organization did a survey of municipal small game licences throughout the Province and grouped municipalities into one of three categories: municipalities with ineffective small game licensing and no pheasant programs, municipalities with potentially effective small game licensing/ pheasant programs and municipalities with effective pheasant/ small game licensing programs. As O.F.A.H. points out, any municipal licensing scheme should fund the enhancing of public pheasant hunting opportunities. In many municipalities, the licensing scheme cannot even be considered a revenue source for the municipality. Niagara Falls would fall into the category of having an ineffective small game licensing program that lacks any related pheasant program. The City's most recent by -law, approving municipal small game licences, is from 1981 (by -law 81 -35). The fee related to the license has remained unchanged since then at less than $4 for a resident and less than $5 for a non - resident. The municipality has never diverted these "revenues" into a pheasant program or municipal enforcement. O.F.A.H. representatives indicate that there really is not a native pheasant population in Southern Ontario. With approximately 30 licences sold annually, the scheme is not exactly a major revenue generator or even well -know amongst staff and local residents. Finally, hunters have to get a small game licence from the Province, so if the municipal licence is not subsidizing a related municipal program, an argument could be made that hunters are getting charged for two licences (munici•.alad provincial) for the same privilege. Working Together to Serve Our Community Corporate Services Department Clerks July 20, 2009 - 2 - CD- 2009 -09 On a related matter, it has come to the writer's attention that according to Ministry of Natural Resources (MNR) records, Niagara Falls prohibits hunting on Sundays. It appears that this prohibition may be a relic from the days of the Lord Day's Act. Some local hunters have expressed displeasure that this prohibition still exists. Staff has been in contact with the MNR on this and may be back with a related by -law allowing Sunday hunting. CONCLUSION: Staff is of the opinion that O.F.A.H.'s request for the repeal of the municipal small game licence should be supported for the following reasons: ► Annually the municipality issues between 30 - 35 licences at a nominal fee. ► The licensing scheme does not generate revenue or subsidize enforcement or related programs. ► Pheasants are rare in Southern Ontario to begin with. ► Hunters are already required to get a Provincial licence to hunt small game, therefore, there is a duplication between the two levels of government. ► There's no overriding rationale for the municipality to keep the licensing scheme. If Council concurs with the recommendation, By -law 81 -35 will be repealed at the next meeting. Recommended by: Approved by: Respectfully submitted: K. E. Burden, Executive Director of Corporate Services Ken odd, Chief Administrative Officer ONTARIO FEDERATION OF ANGLERS & HUNTERS P.O. Box 2800, 4601 Guthrie Drive, Peterborough, Ontario K9J 8L5 Phone: (705) 748.6:12,4.• Fax: (705) 748.9577 • Visit: A OFAH FILE: 410 June 3, 2009 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Subject: O.F.A.H. Request to Rescin • mat : o a @ofah.or FINANCE PEPE JUN 1 2 2009 ACTION DISCUSS ame unting License Requirement In 2007/08, the Ontario Federation of Anglers and Hunters (O.F.A.H.) contacted each of the 34 individual municipalities toward assessing and improving the overall effectiveness of the municipal small game license program, provincially. As you may know, decades ago, the province enabled some individual municipalities to require pheasant and rabbit hunters to purchase an additional township small game hunting license; revenue that was (and in many townships still is) used to rear and release pheasants, often in partnership with local fish and game conservation clubs, to enhance local recreational opportunities for resident and nonresident hunters. This program was especially popular at a time when pheasants and rabbits were the most popular upland game available for hunters, in the days when white- tailed deer numbers were low, and before wild turkey populations were restored. Our O.F.A.H. municipal survey was in response to widely varied comments we received from within our membership regarding the "township license" program. Those comments have ranged from high praise and full support in some areas, to assertions that some municipalities should rescind the township pheasant license where the program is "broken." We found there is very little consistency between the townships that require small game licenses. Some sell very few licenses (even at less than $5 each) and provide no significant conservation /recreation benefit in return. On the other hand, some municipalities have robust and highly organized pheasant hunts with high levels of participation and licenses that range from $10 to $20 (or more). The purpose of our review is to determine how and where the municipal small game license is working well, and where it is not. We identified participating municipalities according to three categories: 1. Municipalities with ineffective small game licensing and no pheasant programs License revenues are very low in these municipalities, and very little or none of that revenue is earmarked for enhancing public pheasant hunting opportunities. License availability in these 12 municipalities was not convenient (for weekend hunters), and in some areas, found to be little enforced. The O.F.A.H. recommends that these 12 municipalities simply rescind the township license requirement (see full recommendation below). Since 2006, several other municipalities with no effective pheasant program have voted to repeal their township small game licensing requirement. These include the Town of Amherstberg, Township of Essex, and the City of Welland. 2. Municipalities with potentially effective small game licensing /pheasant programs These municipalities have moderate /low rates of hunter participation (in the order of 30 to 60 licenses sold annually), and generally declining. Most of these municipalities use the revenue to contribute to local conservation or improved farmer- hunter relations in some way, but generally, do not contribute to enhancing pheasant hunting opportunities. The O.F.A.H. recommends that these municipalities take steps to making their program more effective by: • working with the O.F.A.H. to increase participation and support for the license /pheasant program; • making licenses more available to hunters (i.e. through local businesses, and Internet); • including more information about the hunting license, responsible hunting, and good hunter - landowner relations, etc., on the municipal website; and • working with the O.F.A.H. and local clubs to enhance hunting opportunities through a renewed pheasant rearing and release program. The VOICE of Anglers and Hunters - • Alternatively, some of these municipalities might consider rescinding the township licensing requirement and notifying the M.N.R. of the change. 1. Municipalities with effective pheasant/small game licensing programs These are townships with relatively robust and well - supported pheasant rearing and release programs. These vary from large -scale hunt - tourism (i.e. Pelee Island where 25,000 pheasants are released over several weeks, and 700+ hunters purchase two -day licenses) to low -cost and locally very popular programs, such as: • The Township of Kingsville which sells 255 licenses ($7.50 for residents, $12 for nonresidents) and works with volunteers from the Gosfield North Sportsmen's Association to raise approximately 3,000 pheasants annually, approximately 1,600 for release in Kingsville Township, and approximately 700 others for release in the adjacent Lakeshore Township in cooperation with the Lakeshore Sportsmen's Association volunteers. (Lakeshore charges $10 for township residents, and $12 for nonresidents.) • Municipalities within Perth County raise and release pheasants in partnership with the Perth County Pheasant Association; they raise and release 300 to 600 pheasants within participating townships within Perth County. Licenses cost $12, and raises $3,000 for enhanced hunting opportunities annually. • Norfolk County raises about $6,000 annually, of which 100% goes into pheasant release on public lands for hunting. Licenses are available beyond the municipal office. Hunt maps and pheasant/rabbit hunting information is presented on the Norfolk County website (attached). Pheasant hunting is monitored, well - enforced, and participating hunters are annually surveyed. Licenses cost $12 for residents of the county, and $20 for a limited number of nonresidents. The O.F.A.H. fully encourages these municipalities and their partners and cooperators to maintain their pheasant license /release program, and we would be glad to provide what assistance we can to help improve awareness of their successful model. The City of Niagara Falls is one of the 12 that still requires a township license to be purchased by small game hunters, but our records indicate that: a) license sales are very low and declining; and/or b) there is no longer a pheasant program (or other significant conservation project) supported by the sale of the licenses there. O.F.A.H. Recommendation for the City of Niagara Falls If our information is accurate, based upon our 2007 survey of the status of municipal small game /pheasant programs, the O.F.A.H. recommends: 1) that the City of Niagara Falls council repeal /rescind the bylaw that requires pheasant and rabbit/hare hunters to purchase a municipal small game hunting license; and 2) that the City of Niagara Falls inform the Ministry of Natural Resources of its decision. If our information is not accurate, and /or there is a greater interest in improving an existing pheasant program there (or reestablishing one), we would be pleased to discuss means of doing that, helping you draw from the experience of our members and success in other areas. We would be pleased to discuss any aspect of our findings and recommendations with your staff /committee councilors. If you have questions or want additional information, please do not hesitate to contact Rob Pineo, O.F.A.H. Biologist and Forestry Specialist, or me at this office. Yours in C nervation, Ed Reid Wildlife Biologist ER/jb Attach. cc: Deb Stetson, Ministry of Natural Resources Tom Cumby, Ministry of Natural Resources Fred Johnson, Ministry of Natural Resources O.F.A.H. Small Game Advisory Committee Tony Jackson, Chair, O.F.A.H. Zone J Mike Reader Terry Quinney Rob Pineo ONTARIO FEDERATION OF ANGLERS AND HUNTERS -2- July 20, 2009 F- 2009 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -38 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $21,781,713.01 for the period June 11, 2009 to July 2, 2009. BACKGROUND: Niagara,FasA ll CANADA The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: Todd Harrison, Dir tor of Finance Ken Burd n, executive Director of Corporate Services Ken Tod , Chief Administrative Officer E 6X5 =: - 905=356-752r wwwn is o a rafa l l s.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1405221 ONTARIO LIMITED DBA D & D TRUCKING & CONSTRUCT! 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD A J STONE COMPANY LTD M INTERNATIONAL CONSULTANTS ABSOLUTE COMMUNICATION & DESIGN ACCU LOCK AND SECURITY ADT SECURITY SERVICES CANADA INC AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIKMAN,DOUG., REVEREND AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALSOP,TINA AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANIXTER CANADA INC AQUAM INC ARCHER TRUCK SERVICES LTD ARGES TRAINING & CONSULTING ARLETTI,ERIC ARNOLD,DAVID BRUCE& ARNOLD, SANDRA LYNN ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD BANK OF NOVA SCOTIA BEAL,MARY SUSAN BEDROSIAN,MIKE BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BETTER SHADE BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BONGARDE HOLDINGS INC. BONK,KEN BOUTILIER,J BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRIGHTON CAFE BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK & PARTNERS BUNTIN REID BURKE GROUP - THE C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC Page 1 of 8 Cheque No. Cheque Date Purpose Amount 329730 02 -Jul -2009 CONTRACT SERVICES 995.59 329516 24- Jun -2009 CONTRACT SERVICES 960.50 329731 02 -Jul -2009 CONTRACT SERVICES 472.50 329333 17- Jun -2009 MATERIALS 199.50 329732 02 -Jul -2009 CONTRACT SERVICES 311.85 329372 17- Jun -2009 2009 -04 - 2009 ASPHALT PATCHING 159,858.60 329335 17- Jun -2009 COMPUTER - WEBSITE DEVELOPMEI 6,195.00 329519 24- Jun -2009 CONTRACT SERVICES 6,195.00 329341 17- Jun -2009 MATERIALS • 95.24 329517 24- Jun -2009 MATERIALS 718.68 329518 24- Jun -2009 CONTRACT SERVICES - BUSINESS D 7,395.85 329334 17- Jun -2009 MAINTENANCE /REPAIRS 374.52 329336 17- Jun -2009 SERVICES 263.55 329337 17- Jun -2009 CONSULTING - PEOPLE MOVER /OLC 15,558.36 329338 17- Jun -2009 SERVICES - BROKERAGE FEES 24.82 329733 02 -Jul -2009 SERVICES- BROKERAGE 25.14 329520 24- Jun -2009 HONORARIUM 550.00 329339 17- Jun -2009 MAINTENANCE /REPAIRS 14,029.65 329521 24- Jun -2009 MAINTENANCE /REPAIRS 3,384.97 329734 02 -Jul -2009 MAINTENANCE /REPAIRS 4,400.33 329342 17- Jun -2009 CONTRACT - DORCHESTER - HWY20 25,584.13 329343 17- Jun -2009 PROMOTIONAL MATERIALS 1,853.20 329735 02 -Jul -2009 MATERIALS 36.16 329344 17- Jun -2009 SERVICES 60.90 329346 17- Jun -2009 LEASES AND RENTS 1,037.34 329737 02 -Jul -2009 LEASES AND RENTS 477.26 329345 17- Jun -2009 MATERIALS 29.38 329736 02 -Jul -2009 MATERIALS 67.01 329522 24 -Jun -2009 REMITTANCE - FESTIVITIES PARTICIf 100.00 329347 17- Jun -2009 PAYROLL REMITTANCE 568.17 329523 24- Jun -2009 PAYROLL REMITTANCE 636.39 329738 02 -Jul -2009 PAYROLL REMITTANCE 993.58 329739 02 -Jul -2009 STORES /INVENTORY 21,810.95 329740 02 -Jul -2009 MATERIALS 380.63 329524 24- Jun -2009 STORES /INVENTORY 99.53 329348 17- Jun -2009 ADMINISTRATIVE- TRAINING 1,029.00 329349 17- Jun -2009 REFUND 150.00 329741 02 -Jul -2009 REFUND - OVERPAYMENT 09 718.97 329742 02 -Jul -2009 SERVICES -WATER TREATMENT 278.78 329350 17- Jun -2009 CONSULTING - GARNER SW SANITA 5,347.89 329743 02 -Jul -2009 REFUND - 7800 WATSON 889.65 329527 24- Jun -2009 REFUND SERVICE DEP 2429 WALKE 750.00 329529 24- Jun -2009 REMITTANCE - FESTIVITIES PARTICIF 1,400.00 329351 17- Jun -2009 SERVICES - TELEPHONE 49 329352 17- Jun -2009 SERVICES 113.00 329353 17- Jun -2009 SERVICES- TELEPHONE 12.13 329530 24- Jun -2009 CONTRACT SERVICES -RD WIDENIN 50,650.03 329744 02 -Jul -2009 SERVICES 51.97 329745 02 -Jul -2009 CONTRACT SERVICES- MAINT. SER\ 1,245.35 329354 17- Jun -2009 LEASES AND RENTS - KUBOTA L39 1,808.00 329355 17- Jun -2009 MATERIALS 244.65 329747 02 -Jul -2009 MATERIALS 915.60 329356 17- Jun -2009 STORES /INVENTORY • 1,213.87 329531 24- Jun -2009 STORES /INVENTORY 275.10 329748 02 -Jul -2009 STORES /INVENTORY 223.74 329467 17- Jun -2009 LEASES AND RENTS 1,992.38 329836 02 -Jul -2009 LEASES AND RENTS 2,162.21 329532 24- Jun -2009 CONTRACT SERVICES 3,871,229.63 329357 17- Jun -2009 SUBSCRIPTION 301.30 329749 02 -Jul -2009 REIMBURSEMENT - SAFETY BOOTS 150.00 329751 02 -Jul -2009 MATERIALS - TRAINING 20.00 329533 24- Jun -2009 GRANT ALLOWANCE FOR JULY 2001 16,066.67 329752 02 -Jul -2009 MATERIALS 302.84 329358 17- Jun -2009 MATERIALS 135.60 329359 17- Jun -2009 CONTRACT SERVICES 1,631.80 329534 24- Jun -2009 CONTRACT SERVICES 1,399.35 329535 24- Jun -2009 STORES /INVENTORY 282.86 329536 24- Jun -2009 SERVICES RE NC &CC 1,473.41 329753 02 -Jul -2009 OFFICE SUPPLIES 1,256.94 329537 24- Jun -2009 ADMINISTRATIVE 393.75 329564 24- Jun -2009 LEASES & RENTS - GRADALL 21,647.06 329360 17- Jun -2009 MATERIALS 2,887.85 329539 24- Jun -2009 MAINTENANCE /REPAIRS 1,934.18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE - THE CAMERA PLACE FOTO SOURCE - THE CANADA GREEN BUILDING COUNCIL CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN INTEGRATED BUSINESS GROUP INC CANADIAN LEAK DETECTION CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARRIERE,RYAN CARSWELL CARTEL COMMUNICATION SYSTEMS INC CATARACT COLLISION CENTRE CATARACT COLLISION CENTRE CATARACT COLLISION CENTRE CATILYST - PERFORMANCE PARTNERS CAVALIERE,JULIO CCS TRANSPORTATION SAFETY CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPPAWA AUTOBODY LTD CHRISTENSEN,TRACI CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CLASSIC DISPLAYS CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CODE 4 FIRE & RESCUE INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMERCIAL DIGITAL PRINT INC COMMERCIAL SOLUTIONS INC COMMERCIAL SOLUTIONS INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERNATIONAL INC CONSEIL SCOLAIRE DE DISTRICT DU CENTRE-SUD-OUEST CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE -SUD CONTINENTAL TIRE CANADA INC COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CROWLAND VOLUNTEER FIRE DEPT NO 6 CRYDERMAN,GEORGE CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPOLO,SAMUEL ESTATE OF CYBERBAHN CYGNAL TECHNOLOGIES D K TECHNICAL SERVICES INC DALTON,BARRY DARBY MANUFACTURING (SUDBURY) LIMITED DARCH FIRE Cheque No. 329754 329361 329540 329363 329362 329541 329542 329543 329364 329544 329546 329365 329547 329548 329545 329549 329755 329756 329758 329759 329366 329550 329760 329367 329551 329368 329552 329761 329369 329553 329762 329554 329555 329370 329556 329763 329371 329764 329765 329373 329557 329375 329558 329559 329560 329376 329377 329561 329766 329378 329379 329562 329767 329380 329768 329769 WIRE WIRE 329381 329382 329383 329563 329565 329770 329384 329566 329771 329772 329773 329567 329575 329774 329775 329776 Cheque Date 02 -Jul -2009 17- Jun -2009 24- Jun -2009 17- Jun -2009 17- Jun -2009 24- Jun -2009 24- Jun -2009 24- Jun -2009 17- Jun -2009 24 -Jun -2009 24- Jun -2009 17- Jun -2009 24- Jun -2009 24- Jun -2009 24- Jun -2009 24- Jun -2009 02 -Jul -2009 02 -Jul -2009 02 -Jul -2009 02 -Jul -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 24- Jun -2009 17 -Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 24- Jun -2009 24- Jun -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 02 -Jul -2009 02 -Jul -2009 17- Jun -2009 24- Jun -2009 17- Jun -2009 24- Jun -2009 24- Jun -2009 24- Jun -2009 17- Jun -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 02 -Jul -2009 02 -Jul -2009 30 -Jun -2009 30- Jun -2009 17- Jun -2009 17- Jun -2009 17- Jun -2009 24- Jun -2009 24- Jun -2009 02 -Jul -2009 17- Jun -2009 24- Jun -2009 02 -Jul -2009 02-Jul-2009 02 -Jul -2009 24- Jun -2009 24- Jun -2009 02 -Jul -2009 02 -Jul -2009 02 -Jul -2009 Purpose SERVICES -GPRS JUNO9 MATERIALS MATERIALS ADMINISTRATIVE: RE: NC &CC RE: LI MAINTENANCE /REPAIRS - CEMETER' MAINTENANCE /REPAIRS REFUND: RE 6 - 6263 VALLEY WAY CONTRACT SERVICES SERVICES - SIGNAL MAINTENANCE SERVICES SERVICES MAINTENANCE /REPAIRS LEASES AND RENTS MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES SERVICES- SECURITYIMACBAIN SKP TRAVEL/MILEAGE APRIL 26/09 MATERIALS MATERIALS MAINTENANCE /REPAIRS CAR #20 MAINTENANCE /REPAIRS #158 MAINTENANCE /REPAIRS TRUCK #1I SERVICES -ON -SITE TRAINING SESS REFUND SERVICES - TRAINING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES- LIFEWORKS MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MAINTENANCE /REPAIRS -GMC SAFP CONSULTING SERVICES - SUMMER C MAINTENANCE /REPAIRS LEASES AND RENTS LEASES AND RENTS PARK EQUIPMENT (BIKE RACK) SERVICES - ANNUAL INSPECTION /EX TRAVEL /MILEAGE MATERIALS CONSULTING - PAVEMENT /BROWN SERVICES -CABLE SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES - SECURITY MATERIALS TAX LEVY TAX LEVY MATERIALS - VEHICLE TIRES LEASES AND RENTS -DUMP TRUCK - CONTRACT CONTRACT REFUND - PHOTOCOPIER REPAIR (BI REFUND - SAFETY SHOES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REBATE 09- 5655 FERRY ADMINISTRATIVE SERVICES - BANDWIDTH JUNE 09 MAINTENANCE /REPAIRS REFUND - SAFETY SHOES MATERIALS MATERIALS Page 2 of 8 Amount 915.30 135.60 406.80 2,625.00 2,251.20 2,979.65 750.00 630.00 3,509.50 3,396.24 1,018.23 1,934.63 383.25 1,128.13 264.60 531.20 315.00 105.00 801.17 109.52 322.05 1,209.10 1,576.35 1,602.27 95.00 3,927.00 1,310.24 3,278.13 4,594.10 4,057.83 2,595.26 1,644.30 42.00 2,992.93 125.07 1,830.22 2,185.42 818.00 2,260.70 2,232.32 4,248.27 886.26 279.11 173.00 102.08 2,147.25 216.54 616.25 407.10 124.87 850.94 492.64 1,064.73 21, 041.00 23,211.11 1,107.84 19,628.18 255,480.18 498.90 342.74 8,352.40 7,264.75 429.40 150.00 4,103.44 4,110.47 4,297.79 1,587.97 500.00 2,943.94 871.50 150.00 525.53 493.82 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DAVIDSON ENVIRONMENTAL DAVIDSON ENVIRONMENTAL DEC,DR DAVID DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DESIGN ELECTRONICS DEVION,DAN DICARLO,ANTHONY DIODATI,RYAN DIPARDO,LIBERATO DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DROST,GARY DUPUIS,ULY DYCHTIAR,PETER E3 LABORATORIES EASTLAND GRAPHICS ECONOPRINT.NET EDUCATIONAL NEWS NIAGARA ELITE INTEGRATED SYSTEMS LTD ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMERALD EMERALD EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA EQUIPMENT SPECIALIST INC EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EXPRESS ROOFING AND SNOW REMOVAL LTD FALLS AUTO BODY INC FALLSVIEW BIA FAMILY AND CHILDREN SERVICES NIAGARA FANSOLATO,WAYNE FASTENAL CANADA FASTENAL CANADA FELICETTI,SERGE FEREN SIGNS & AWNINGS LTD FINBOW,JULIAN FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRST -ON -SITE RESTORATION L P/WOODHOUSE DIVISION FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FORLIN,KATHY FORLIN,KATHY FORT ERIE POWER & SAIL SQUADRON FRANK COWAN COMPANY LIMITED G & K SERVICES CANADA INC G P S PURSUIT INC GAULD NURSERIES LTD GE CANADA EQUIPMENT FINANCING G P GIBBONS CONTRACTING LTD GIBBONS CONTRACTING LTD GIBBONS CONTRACTING LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOFORTH,HANYA GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD Cheque No. Cheque Date Purpose 329385 17- Jun -2009 CONTRACT SERVICES - ORGANIC Wi 329568 24- Jun -2009 MATERIALS 329569 24- Jun -2009 HONORARIUM -RURAL MEDICINE WE 329386 17- Jun -2009 CONSULTING - LYONS CREEK/STAN 329777 02 -Jul -2009 MATERIALS 329387 17- Jun -2009 MAINTENANCE /REPAIRS 329571 24- Jun -2009 MATERIALS 329572 24- Jun -2009 REMITTANCE - PARADE PARTICIPATI 329573 24- Jun -2009 REMITTANCE - PARADE PARTICIPATI 329574 24- Jun -2009 GRANT 329388 17- Jun -2009 REFUND - SAFETY SHOES 329389 17- Jun -2009 ADMINISTRATIVE -ON -LINE AUCTION WIRE 30- Jun -2009 TAX LEVY 329778 02 -Jul -2009 REMITTANCE -2ND INSTALLMENT 20 329779 02 -Jul -2009 CONTRACT SERVICES 329780 02 -Jul -2009 TRAVEL /MILEAGE MAY 11/09 329390 17 -Jun -2009 TRAVEL /MILEAGE 329576 24- Jun -2009 SERVICES -EMCEE & ENTERTAINME 329577 24- Jun -2009 SERVICES -WATER TESTING 329391 17- Jun -2009 MATERIALS 329392 17- Jun -2009 MATERIALS 329781 02 -Jul -2009 ADVERTISING 329393 17- Jun -2009 EQUIPMENT -BUS TICKET ISSUER W 329578 24- Jun -2009 CONSULTING SERVICES - BRIDGE & 329394 17- Jun -2009 MATERIALS 329579 24- Jun -2009 MATERIALS 329782 02 -Jul -2009 STORES /INVENTORY 329395 17- Jun -2009 MAINTENANCE /REPAIRS 329783 02 -Jul -2009 CONTRACT - 5000 MCRAE 329580 24- Jun -2009 REMITTANCE - INSURANCE PREMIUA 329396 17- Jun -2009 UTILITIES 329581 24- Jun -2009 UTILITIES 329784 02 -Jul -2009 UTILITIES 329582 24- Jun -2009 CONSULTING SERVICES 329785 02 -Jul -2009 CONSULTING SERVICES -LIONS PK 329397 17- Jun -2009 LEASES AND RENTS -TYMCO SWEEI 329786 02 -Jul -2009 MATERIALS 329398 17- Jun -2009 CONTRACT - 5429 DUNN ST 329787 02 -Jul -2009 CONTRACT - 6156 LUNDY'S LANE 329788 02 -Jul -2009 CONTRACT SERVICES- MITCHELSOt 329399 17- Jun -2009 MAINTENANCE /REPAIRS 329789 02 -Jul -2009 REMITTANCE -2ND INSTALLMENT -2C 329400 17- Jun -2009 010 - 005 -10700 - 4635 B QUEEN ST 329583 24- Jun -2009 TRAVEUMILEAGE -JUNE 9, 2009 329401 17- Jun -2009 MATERIALS 329584 24- Jun -2009 STORES /INVENTORY 329790 02 -Jul -2009 TRAVEL /MILEAGE 329402 17- Jun -2009 SERVICES 329585 24- Jun -2009 REMITTANCE- PARADE PARTICIPATI 329403 17- Jun -2009 SERVICES- ANNUAL MONITORING Jl 329586 24- Jun -2009 CONTRACT SERVICES - ANNUAL MOI 329404 17- Jun -2009 MAINTENANCE /REPAIRS 329587 24- Jun -2009 MAINTENANCE /REPAIRS 329791 02 -Jul -2009 MAINTENANCE /REPAIRS 329405 17- Jun -2009 SERVICES - ASBESTOS REMEDIATIO 329406 17- Jun -2009 STORES /INVENTORY 329588 24- Jun -2009 MATERIALS 329589 24- Jun -2009 MAINTENANCE /REPAIRS -CATCH BA 329407 17- Jun -2009 REFUND EMPLOYEE PURCHASE PL 329590 24- Jun -2009 TRAVEL /MILEAGE 329408 17- Jun -2009 ADMINISTRATIVE- TESTING - MARITIM 329409 17- Jun -2009 ADMINISTRATIVE 329410 17- Jun -2009 MATERIALS 329594 24- Jun -2009 ADVERTISING 329591 24- Jun -2009 MATERIALS 329592 24- Jun -2009 LEASES AND RENTS 329494 17- Jun -2009 CONTRACT -KALAR - MCLEOD->RIDE 329713 24- Jun -2009 CONTRACT - MAINTENANCE HOLDB 329866 02 -Jul -2009 CONTRACT - KALAR- MCLEOD -RIDE/ 329411 17- Jun -2009 STORES /INVENTORY 329593 24- Jun -2009 MATERIALS 329412 17- Jun -2009 TRAVEL /MILEAGE 329413 17- Jun -2009 MATERIALS 329595 24- Jun -2009 MATERIALS Page 3 of 8 Amount 95.55 109.20 250.00 18,901.08 11,466.67 2,746.73 1,994.79 787.50 600.00 50.00 150.00 204.75 6,904,117.42 105,000.00 242.66 142.50 57.00 150.00 2,452.16 441.00 1,251.94 114.45 2,465.66 4,386.90 3,758.70 2,665.14 9,314.09 435.38 768.03 33, 819.91 5,198.58 944.58 120.20 2,399.25 1,141.51 12,656.00 9,232.37 765.45 436.80 4,200.00 . 4,722.61 350,000.00 413.24 320.00 2,261.25 1,445.33 90.54 389.85 100.00 510.30 302.82 2,595.16 493.20 282.20 3,841.74 2,801.40 877.26 15, 028.52 300.00 108.00 575.00 94.50 267.18 52.50 3,137.60 1,000.05 51,126.24 107,545.38 590,475.19 64.02 114.81 77.50 790.17 877.32 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENLAWN GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIMSBY PIPE BAND GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUGLIOTTA,JOE NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALLE,MICHAEL HARPER POWER PRODUCTS INC HARRISON,TODD HATCH,SCOTT HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOGARTH,GARY HUMAN SOLUTIONS CANADA INC HUNTON,GAIL ICI CANADA INC INDUSTRIAL SAFETY EQUIPMENT CO LTD INNOVATIVE SURFACE SOLUTIONS CANADA J J MACKAY CANADA LTD JACKET CELLAR THE JANES,BRUCE JASON STEELE CONTRACTING INC JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOCELYN ROOF CONSULTANTS GROUP INC KELLY DIGS LANDSCAPING KEN WARDEN CONSTRUCTION LTD KLEIN,EVA KLINGENBURG,EMILY KNOWLTON PASS ELECTRONICS INC KRAHN,ANDREA KRAWCZYK CONSTRUCTION MAINTENANCE KWIK MIX MATERIALS LIMITED L CAMPBELL & ASSOCIATES LAKE'S MAINTENANCE LAKE'S MAINTENANCE LANDON,LARRY LAPP - HANCOCK ASSOCIATES LTD LIANG,DAMING LINCOLN & WELLAND REGIMENT BAND LINCOLN APPLIANCE SERVICE CENTRE INC LINDSAY KINSMEN BAND LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LOUD ADVERTISING LOVAS STANLEY /RAY & BERNDTSON INC. LOW,DAVE LUCREZIA,FABIANO LUEY,CATHERINE LUNDY'S LANE BIA M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACDONALD,BARBARA MACWHIRTER,RICK MAD SCIENCE OF NIAGARA MAIN & FERRY BIA MANPOWER MAPLE LEAF COLLISION CENTRE MARR SWEEPER SERVICE MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAURIN,JENNA Cheque No. Cheque Date Purpose 329793 02 -Jul -2009 MATERIALS 329596 24- Jun -2009 PAYROLL REMITTANCE 329414 17- Jun -2009 MATERIALS 329415 17- Jun -2009 SERVICES - MONTHLY GIS SERVICES 329597 24- Jun -2009 SERVICES JUNE 2009 GIS 329794 02 -Jul -2009 SERVICES 1 OF 6 MONTH PILOT /GIS 329598 24- Jun -2009 REMITTANCE - PARADE PARTICIPATI 329599 24- Jun -2009 MATERIALS 329795 02 -JuI -2009 MAINTENANCE /REPAIRS 329416 17- Jun -2009 STORES /INVENTORY 329600 24- Jun -2009 OFFICE SUPPLIES 329417 17- Jun -2009 REFUND 329418 17- Jun -2009 SERVICES 329602 24- Jun -2009 LEASES AND RENTS 329796 02 -JuI -2009 MAINTENANCE /REPAIRS 329419 17- Jun -2009 MATERIALS 329603 24- Jun -2009 MATERIALS 329797 02 -JuI -2009 MATERIALS 329604 24- Jun -2009 MATERIALS 329605 24- Jun -2009 EQUIPMENT 329606 24- Jun -2009 TRAVEL /MILEAGE -UWO JUNE09 329510 24- Jun -2009 GRANT 329798 02 -JuI -2009 SERVICES 329607 24- Jun -2009 LEASES AND RENTS 329608 24- Jun -2009 REMITTANCE - PARADE PARTICIPATI 329609 24- Jun -2009 MATERIALS -EAP 329610 24- Jun -2009 TRAVEUMILEAGE 329611 24- Jun -2009 STORES /INVENTORY 329612 24- Jun -2009 MATERIALS- EMPLOYEE SAFETY BO 329420 17- Jun -2009 MATERIALS 329617 24- Jun -2009 MAINTENANCE /REPAIRS 329613 24- Jun -2009 MATERIALS 329800 02 -JuI -2009 REFUND - SERVICE DEPOSIT - 7666 329801 02 -JuI -2009 MAINTENANCE/REPAIRS- BOULEVAF 329615 24- Jun -2009 MAINTENANCE /REPAIRS 329616 24- Jun -2009 TRAVEL /MILEAGE 329421 17- Jun -2009 MAINTENANCE /REPAIRS -ROOF INSI 329618 24- Jun -2009 CONTRACT SERVICES 329422 17- Jun -2009 CONTRACT SERVICES 329619 24- Jun -2009 GRANT 329511 24- Jun -2009 GRANT 329620 24- Jun -2009 SERVICES 329512 24- Jun -2009 GRANT 329621 24- Jun -2009 MAINTENANCE /REPAIRS 329622 24- Jun -2009 SERVICES 329802 02 -JuI -2009 CONTRACT SERVICES 329423 17- Jun -2009 CONTRACT SERVICES 329623 24- Jun -2009 CONTRACT SERVICES 329624 24- Jun -2009 REFUND - SERVICE DEPOSIT 329625 24- Jun -2009 CONSULTING SERVICES 329425 17- Jun -2009 REFUND - TAX 329627 24- Jun -2009 CONTRACT SERVICES 329628 24- Jun -2009 CONTRACT SERVICES 329629 24- Jun -2009 CONTRACT SERVICES 329427 17 -Jun -2009 FUEL 329804 02 -JuI -2009 FUEL 329630 24- Jun -2009 ADMINISTRATIVE 329805 02 -JuI -2009 CONSULTING SERVICES 329631 24- Jun -2009 GRANT 329632 24- Jun -2009 REFUND - SERVICE DEPOSIT 329633 24- Jun -2009 TRAVEL /MILEAGE 329806 02 -JuI -2009 BIA LEVY - 2ND INSTALLMENT 329642 24- Jun -2009 MATERIALS 329816 02 -JuI -2009 MATERIALS 329433 17- Jun -2009 SERVICES 329428 17- Jun -2009 REFUND 329634 24- Jun -2009 REFUND 329635 24- Jun -2009 CONTRACT SERVICES 329807 02 -JuI -2009 2009 BIA LEVY - 2ND INSTALLMENT 329636 24- Jun -2009 ADMINISTRATIVE 329637 24- Jun -2009 CONTRACT SERVICES 329808 02 -JuI -2009 CONTRACT SERVICES - POWER VA 329809 02 -JuI -2009 CONSULTING SERVICES 329513 24- Jun -2009 GRANT Page 4 of 8 Amount 562.48 32.40 236.25 2,401.83 2,350.98 1,077.12 650.00 999.89 2,494.80 2,297.90 76.09 150.00 3,560.16 1,808.00 2,502.26 344.20 1,299.50 35.26 150.00 21, 056.93 89.27 500.00 471.45 3,254.87 50.00 297.53 89.20 310.38 587.56 4,342.98 323.72 197.75 750.00 3,378.32 220.50 80.70 1,470.00 22,429.10 12,492.06 50.00 1,500.00 5,300.85 750.00 22, 905.02 1,463.45 5,632.73 1,569.72 723.46 750.00 15, 220.50 502.00 700.00 320.92 200.00 28,559.73 25, 216.26 2,712.00 595.42 50.00 750.00 214.50 69,000.00 361.48 2,873.94 1,491.26 300.00 150.00 504.00 13,750.00 327.37 2,715.39 735.00 .3,150.00 1,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MEGA -LAB MANUFACTURING CO. LTD MERCER (CANADA) LIMITED MHPM PROJECT MANAGERS INC MICIELI,TONY MIDE BISTRO MILNE,ROBERT MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MORRISSEY,DENYSE MOUNTAINVIEW HOMES LTD N.S.M FABRICATING LIMITED NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA DRIVETRAIN CENTRE NIAGARA ECONOMIC DEVELOPMENT CORPORATION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS RAPIDS NIAGARA FALLS TOURISM NIAGARA INFLATABLES & GAMES INC NIAGARA MEMORIAL MILITARIES ALUMNI DRUM CORP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION N IAGARA. COM NICHOLLS MARINE LTD NIELSEN'S MAINTENANCE (1999) LTD NORJOHN CONTRACTING & PAVING LTD NORRIS,STEVE ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO POWER GENERATION INC PACE,GUY PALMER,WENDALL PARISI,FRANK PARTY CONNECTION PATTERSON FUNERAL HOME PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA HOSE & HYDRAULICS LTD. PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PRESS LIMITED PENINSULA PURE WATER PENINSULA PURE WATER PHOENIX FOUNDRY PTY LTD PIGEON,ROGER Cheque No. Cheque Date Purpose 329811 02 -Jul -2009 MATERIALS 329812 02 -Jul -2009 CONSULTING SERVICES 329638 24- Jun -2009 CONSULTING SERVICES 329429 17- Jun -2009 REFUND - SAFETY SHOES 09 329639 24- Jun -2009 MATERIALS 329430 17- Jun -2009 REFUND - DRIVERS PHYSICAL 329432 17- Jun -2009 REMITTANCE 329641 24- Jun -2009 REMITTANCE 329814 02 -Jul -2009 PAYROLL REMITTANCE 329815 02 -Jul -2009 PAYROLL REMITTANCE 329500 17- Jun -2009 PAYROLL REMITTANCE 329718 24- Jun -2009 PAYROLL REMITTANCE 329871 02 -Jul -2009 PAYROLL REMITTANCE 329431 17- Jun -2009 PAYROLL REMITTANCE 329640 24- Jun -2009 PAYROLL REMITTANCE 329813 02 -Jul -2009 PAYROLL REMITTANCE 329434 17- Jun -2009 CONTRACT SERVICES 329643 24- Jun -2009 CONTRACT SERVICES 329435 17- Jun -2009 CONTRACT SERVICES 329644 24- Jun -2009 CONTRACT SERVICES 329436 17- Jun -2009 TRAVEL /MILEAGE 329645 24- Jun -2009 REFUND - TAX OVERPAYMENT 329822 02 -Jul -2009 MATERIALS 329438 17- Jun -2009 CONTRACT SERVICES 329646 24- Jun -2009 CONTRACT SERVICES 329439 17- Jun -2009 MATERIALS 329647 24- Jun -2009 MATERIALS WIRE 30- Jun -2090 TAX LEVY 329648 24- Jun -2009 GRANT 329649 24- Jun -2009 MATERIALS 329650 24- Jun -2009 MATERIALS 329654 24- Jun -2009 PAYROLL REMITTANCE 329655 24- Jun -2009 PAYROLL REMITTANCE 329651 24- Jun -2009 GRANT 329441 17- Jun -2009 CONTRACT SERVICES 329652 24- Jun -2009 CONTRACT SERVICES 329656 24- Jun -2009 SPORTS FOUNDATION AWARD WIN 329657 24- Jun -2009 GRANT 329442 17- Jun -2009 MATERIALS 329658 24- Jun -2009 CONTRACT SERVICES 329659 24- Jun -2009 ADMINISTRATIVE 329817 02 -Jul -2009 UTILITIES 329818 02 -JuI -2009 CONTRACT SERVICES AIR EMISSIO 329443 17- Jun -2009 REMITTANCE -WATER ARREARS 329444 17- Jun -2009 UTILITIES 329660 24- Jun -2009 REMITTANCE -WATER ARREARS JUI 329661 24- Jun -2009 UTILITIES 329819 02 -Jul -2009 WATER ARREARS - JUNE 30/09 329820 02 -Jul -2009 UTILITIES 329445 17- Jun -2009 CONTRACT SERVICES 329446 17- Jun -2009 ADMINISTRATIVE 329440 17- Jun -2009 SERVICES 329447 17- Jun -2009 CONTRACT SERVICES 329448 17- Jun -2009 CONTRACT SERVICES 329449 17- Jun -2009 CONTRACT SERVICES - 2008 -03 - Pt 329662 24- Jun -2009 CONTRACT SERVICES 329451 17- Jun -2009 CONTRACT SERVICES 329823 02 -Jul -2009 SERVICES 329452 17- Jun -2009 ANNUAL LICENCE AGREEMENT 329664 24- Jun -2009 GRANT 329665 24- Jun -2009 REFUND - LIVESTOCK CLAIM 329453 17- Jun -2009 REFUND 329824 02-Jul-2009 LEASES AND RENTS 329454 17- Jun -2009 REFUND - RE: CONRICK 329455 17- Jun -2009 CONTRACT SERVICES 329825 02 -JuI -2009 CONTRACT SERVICES 329666 24- Jun -2009 MATERIALS 329668 24- Jun -2009 CONTRACT SERVICES 329826 02 -JuI -2009 CONTRACT SERVICES 329458 17- Jun -2009 CONTRACT SERVICES 329457 17- Jun -2009 MATERIALS 329667 24- Jun -2009 MATERIALS 329669 24- Jun -2009 MATERIALS 329827 02 -JuI -2009 REFUND - SAFETY SHOES JUNE 26/ Page 5 of 8 Amount 370.36 2,240.70 11,121.02 150.00 135.60 50.00 6,071.53 250.00 3,511.00 58,564.14 100.00 100.00 100.00 666.63 1,810.42 741.48 1,986.30 492.72 210.00 377.56 82.00 2,924.73 141.25 2,069.70 333.35 179.15 28.53 3, 647, 749.03 34,369.00 1,746.38 250.00 5,988.39 6,571.52 1,416.67 1,850.00 37,711.83 500.00 30, 000.00 44.07 750.00 568.00 71.03 5,000.00 7,267.25 1,582.17 7,611.27 93,052.89 5,367.80 31, 056.65 70.00 1,860.00 59.80 308.49 1,061.27 172,642.31 600.00 2,376.15 4,777.50 966.00 50.00 200.00 195.00 101.70 475.00 3,866.35 922.42 126.92 31.50 379.05 487.21 40.00 35.00 264.50 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PK HUMMINGBIRD STEEL BAND PLASTRUCT CANADA POPPA CORN CORP POST,DAN PRAXAIR PROJECT SHARE PROTEL ALARM & SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER RACO AUTO SUPPLY LTD RAPANARO, ED RBC RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL APPRAISALS INC. 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 ROGERS WIRELESS INC ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC ROSE,RICK ROSS,JAY ROTHSAY RUSCITTI,ANTHONY SACCO,FRED SAFEDESIGN APPAREL LTD SAFETY TODAY SALAS- CHADWICK,MALLORY SALCI,TED SAM VISCA ELECTRIC SCHNITTKER,COURTNEY SCOTIABANK - VISA PURCHASE CARDS SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHEEHAN ARBITRATION MEDIATION SERVICES SHERRITT INTERNATIONAL CORPORATION SHERWIN WILLIAMS SHRED IT KITCHENER SIGNATURE SIGNS SLAPPENDEL GREENHOUSES INC SPECIAL OCCASIONS SPENCER,ALAN ST JOHN AMBULANCE STICCA,JAMES STRANGES,LOU STRATEGY CORP STREAMLINE SULLIVAN MAHONEY 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 TALARIS CANADA INC TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TEAM AQUATIC SUPPLIES TEAM SPIRIT SERVICES TELUS INTEGRATED COMMUNICATIONS Cheque No. Cheque Date Purpose 329670 24- Jun -2009 CONTRACT SERVICES 329828 02 -Jul -2009 MATERIALS 329830 02 -Jul -2009 MATERIALS 329671 24- Jun -2009 CONTRACT SERVICES 329672 24- Jun -2009 LEASES AND RENTS 329673 24- Jun -2009 GRANT 329831 02 -Jul -2009 SERVICES 329459 17- Jun -2009 CONTRACT SERVICES - 2009 - 197 -07 329460 17- Jun -2009 CONTRACT SERVICES 329461 17- Jun -2009 COURIER 329674 24- Jun -2009 COURIER 329832 02 -Jul -2009 COURIER 329462 17- Jun -2009 MATERIALS 329675 24- Jun -2009 REFUND 329833 02 -Jul -2009 REFUND - TAX JUNE09 329676 24- Jun -2009 REMITTANCE 329463 17- Jun -2009 REMITTANCE 329464 17- Jun -2009 PAYROLL REMITTANCE 329677 24- Jun -2009 PAYROLL REMITTANCE 329834 02 -Jul -2009 PAYROLL REMITTANCE 329466 17- Jun -2009 CONSULTING SERVICES 329680 24- Jun -2009 CONSULTING SERVICES 329465 17- Jun -2009 MATERIALS 329678 24- Jun -2009 CONTRACT SERVICES 329679 24- Jun -2009 SERVICES- REGIONAL REVIEW FEE 329835 02 -Jul -2009 CONTRACT SERVICES Wire 16- Jun -2009 DEBENTURE & INTEREST Wire 26- Jun -2009 DEBENTURE & INTEREST Wire 30- Jun -2009 MAY WATER/WASTEWATER 329681 24- Jun -2009 SERVICES 329837 02 -Jul -2009 SERVICES 329468 17- Jun -2009 MATERIALS -FILE 2008 - 284 - ABUTTS 329682 24- Jun -2009 CONTRACT SERVICES 329683 24- Jun -2009 GRANT 329469 17- Jun -2009 LEASES AND RENTS 329684 24- Jun -2009 REFUND 329685 24- Jun -2009 REFUND 329838 02 -Jul -2009 MATERIALS 329839 02 -Jul -2009 MATERIALS 329686 24- Jun -2009 REFUND - SERVICE DEPOSIT - 4924 329729 29- Jun -2009 TRAVEUMILEAGE 329868 02 -Jul -2009 CONTRACT SERVICES 329514 24- Jun -2009 GRANT 329374 17- Jun -2009 MATERIALS 329688 24- Jun -2009 CONTRACT SERVICES 329728 25- Jun -2009 CONTRACT SERVICES 329840 02 -Jul -2009 CONSULTING SERVICES 329841 02 -Jul -2009 MATERIALS 329842 02 -Jul -2009 MATERIALS 329689 24- Jun -2009 SERVICES 329471 17- Jun -2009 MATERIALS 329473 17- Jun -2009 MATERIALS 329843 02 -Jul -2009 MATERIALS 329690 24- Jun -2009 REMITTANCE- PARADE PARTICIPATI 329691 24- Jun -2009 GRANT 329844 02 -Jul -2009 TRAVEL /MILEAGE 329475 17- Jun -2009 TRAVEL /MILEAGE 329692 24- Jun -2009 CONSULTING SERVICES 329476 17- Jun -2009 CONTRACT SERVICES 329845 02 -Jul -2009 CONSULTING SERVICES 329695 24- Jun -2009 ADMINISTRATIVE 329847 02 -Jul -2009 ADMINISTRATIVE 329477 17 -Jun -2009 FUEL 329693 24- Jun -2009 FUEL 329694 24- Jun -2009 FUEL 329846 02 -Jul -2009 FUEL 329696 24- Jun -2009 MATERIALS 329848 02 -Jul -2009 SERVICES 329697 24- Jun -2009 CONTRACT SERVICES 329849 02 -Jul -2009 SERVICES 329850 02 -Jul -2009 ADVERTISING 329851 02 -Jul -2009 MATERIALS 329479 17- Jun -2009 SERVICES 329480 17- Jun -2009 SERVICES Page 6 of 8 Amount 675.00 2,911.19 50.00 100.00 800.70 26,175.00 350.70 152,954.06 77,555.31 61.20 97.23 81.16 1,161.60 150.00 110.06 1,388.50 3,906.00 105,667.95 423,713.10 98, 224.04 892.50 5,092.50 8,979.70 9,450.00 800.00 9,370.85 154,491.50 345,021.25 1, 861, 295.00 1,309.81 1,548.48 1,296.50 550.00 50.00 203.40 33.90 135.59 216.97 1,137.95 750.00 1,105.07 330.75 250.00 315,309.06 745.50 566.00 677.25 3,345.30 264.10 71.66 343.52 2,969.30 110.74 600.00 2,616.67 127.50 201.09 7,875.00 452.00 4,985.65 742.32 271, 978.31 20,286.91 19,178.01 20,259.40 15,370.19 855.81 333.35 283.34 84.75 1,125.39 438.67 259.20 2,264.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERC CANADA THAT'S AMORE PIZZERIA THE NIAGARA GALLERY THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THEAL,BRYAN THISTLEWAITE YARDWORKS THORPE,JAMES THREE DIAMOND INN THYSSENKRUPP ELEVATOR THYSSENKRUPP ELEVATOR TODD,ALLAN TOP HAT MARCHING ORCHESTRA TOTH,STEVE TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TREES UNLIMITED FORESTRY CONSULTANT TROY SPRINKLER LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TYRER,ELAINE UCC INDUSTRIES INTERNATIONAL INC UNITED LABORATORIES UNITED WAY UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC VAIL,TIM VANDEN BUSSCHE IRRIGATION VANDENNEST NURSERY VERNON DIRECTORIES VICTORIA CENTRE BIA VILLAGER LODGE WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER INTEGRATED MUNICIPAL SERVICES WARMAN,THOMAS WASTE MANAGEMENT WATER MATRIX INC. WATERS,RON WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WESTBURNE /RUDDY WESTON,GORDON& HODGERT, SUSAN ELIZABETH WET & HUMID NO MORE WHEELER,SUE WHITING EQUIPMENT SERVICES COMPANY LTD WILLOWBROOK NURSERIES INC WILSON,RICHARD WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WSIB WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YOUNG DRIVERS OF CANADA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD Cheque No. Cheque Date Purpose 329481 17- Jun -2009 SERVICES 329698 24- Jun -2009 MATERIALS 329852 02 -Jul -2009 SERVICES 329482 17- Jun -2009 CONTRACT SERVICES 329699 24- Jun -2009 SERVICES 329483 17- Jun -2009 REMITTANCE 329484 17- Jun -2009 MATERIALS 329853 02 -Jul -2009 MATERIALS 329701 24- Jun -2009 SUPPLIES 329854 02 -Jul -2009 MATERIALS 329700 24- Jun -2009 GRANT 329855 02 -Jul -2009 CONTRACT SERVICES 329702 24- Jun -2009 GRANT 329856 02 -Jul -2009 MATERIALS 329703 24- Jun -2009 CONTRACT SERVICES 329857 02 -Jul -2009 SERVICES 329704 24- Jun -2009 GRANT 329705 24- Jun -2009 REMITTANCE - PARADE PARTICIPATI 329858 02 -Jul -2009 TRAVEL /MILEAGE 329486 17- Jun -2009 MATERIALS 329706 24- Jun -2009 STORES /INVENTORY 329707 24- Jun -2009 CONTRACT SERVICES 329487 17- Jun -2009 CONTRACT SERVICES 329488 17- Jun -2009 MATERIALS 329708 24- Jun -2009 MATERIALS 329859 02 -Jul -2009 MATERIALS 329489 17- Jun -2009 REFUND 329860 02 -Jul -2009 MATERIALS 329861 02 -Jul -2009 MATERIALS 329710 24- Jun -2009 PAYROLL REMITTANCE 329862 02 -Jul -2009 COURIER 329863 02 -Jul -2009 COURIER 329491 17- Jun -2009 CONSULTING SERVICES 329711 24- Jun -2009 CONSULTING SERVICES 329864 02 -Jul -2009 CONSULTING SERVICES 329712 24- Jun -2009 TRAVEL /MILEAGE 329865 02 -Jul -2009 MATERIALS 329492 17- Jun -2009 MATERIALS 329493 17- Jun -2009 MATERIALS 329867 02 -Jul -2009 2009 BIA LEVY - 2ND INSTALLMENT 329495 17- Jun -2009 REFUND - FALLS SHUTTLE PASSES 329498 17- Jun -2009 CONTRACT SERVICES 329715 24- Jun -2009 CONTRACT SERVICES 329497 17- Jun -2009 MATERIALS 329714 24- Jun -2009 MATERIALS 329869 02 -Jul -2009 MATERIALS 329496 17- Jun -2009 MATERIALS 329870 02 -Jul -2009 REFUND - SAFETY SHOES 329716 24- Jun -2009 CONTRACT SERVICES 329499 17- Jun -2009 MATERIALS 329717 24- Jun -2009 TRAVEUMILEAGE 329501 17- Jun -2009 MATERIALS 329872 02 -Jul -2009 MATERIALS 329502 17- Jun -2009 MATERIALS 329719 24- Jun -2009 MATERIALS 329873 02 -Jul -2009 MATERIALS 329601 24- Jun -2009 REFUND - SERVICE DEPOSIT 329720 24- Jun -2009 CONTRACT SERVICES 329874 02 -Jul -2009 TRAVEL /MILEAGE 329503 17- Jun -2009 SERVICES 329875 02 -Jul -2009 MATERIALS 329504 17- Jun -2009 TRAVEL /MILEAGE 329876 02 -Jul -2009 CONTRACT SERVICES 329722 24- Jun -2009 GRANT 329723 24- Jun -2009 GRANT 329505 17- Jun -2009 ADMINISTRATIVE 329724 24- Jun -2009 ADMINISTRATIVE 329725 24- Jun -2009 PETTY CASH 329506 17- Jun -2009 SERVICES 329507 17- Jun -2009 CONTRACT SERVICES 329877 02 -Jul -2009 CONTRACT SERVICES 329508 17- Jun -2009 REFUND CANADA DAY PARADE EN1 329509 17- Jun -2009 MATERIALS 329726 24- Jun -2009 MATERIALS Page 7 of 8 Amount 10,019.71 31.63 688.05 4,961.78 10,448.60 150.00 90.91 847.50 178.54 442.39 50.00 991.19 50.00 75.00 268.80 306.60 50.00 2,500.00 326.50 89.32 163.91 3,017.94 436.80 388.19 208.76 158.77 3,094.94 24,130.02 872.90 1,133.00 25.38 15.33 6,434.42 609.00 11, 548.55 275.00 59.23 333.35 5,405.92 80, 000.00 54.00 200.04 204.87 4,184.20 8,675.43 9,424.36 39.55 150.00 66.61 82.21 74.20 411.69 1,653.23 2,152.65 663.88 1,551.80 750.00 472.50 40.00 393.75 250.75 43.72 65.00 28,500.00 1,791.67 4,494.70 30,446.12 502.83 45.94 4,452.50 2,464.42 50.00 888.68 236.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 8 of 8 Vendor Name Cheque No. Cheque Date Purpose Amount YWCA ST CATHARINES 329727 24- Jun -2009 GRANT 4,730.25 ZAMBONI COMPANY LTD 329878 02-Jul-2009 MATERIALS 1,342.07 ZEIDLER PARTNERSHIP 329879 02 -Jul -2009 CONTRACT SERVICES 192.23 Total 21,781,713.01 July 20, 2009 Members: RECOMMENDATION: BACKGROUND: Niag araJ His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Re: MW- 2009 -51 Consultant Appointment Drummond Road Reconstruction - Lundy's Lane to McLeod Road (Phase I & II) MW- 2009 -51 1. That Delcan Corporation be engaged to complete the detailed engineering design for Phase I and II of the Drummond Road Reconstruction Project. 2. That the Mayor and City Clerk be authorized to execute the necessary Consultant Servicing Agreement. Delcan Corporation was initially retained in 2007 (MW- 2007 -45) to complete the detailed design for Drummond Road between Lundy's Lane and Dixon Street (Phase I). In order to accommodate Niagara Peninsula Energy's urgent request to relocate their poles between Ker Street and Dixon Street, the scope of work was reduced to the preparation of base plans only. The remainder of the design works was to be completed at a later date. On April 27, 2009, Niagara Falls City Council approved the Drummond Road reconstruction project to be submitted for consideration under the Infrastructure Stimulus Fund (ISF). On June 16, 2009, Infrastructure Canada approved the Drummond Road application with the understanding that all construction works are to be substantially completed by March 31, 2011. Given the time - sensitive nature of the stimulus funding requirements and the logical extension of Delcan Corporation to complete the Drummond Road detailed design, staff is seeking authorization to hire Delcan to complete the design of storm sewers, sanitary sewers, watermain, and road reconstruction for Phases 1 & II. The Region of Niagara has requested the opportunity to coordinate our efforts and resources and include the reconstruction of the Lundy's Lane /Drummond Road intersection under the same project. ara Fafls, ON, Canada L2E 6X5 05,356;7521 wwwnia arafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works July 20, 2009 2 MW- 2009 -51 Accordingly, we are recommending that the project be split as follows; • Phase I - Drummond Road (Kerr St. to Dixon St.) • Phase II (a) - Drummond Road (Dixon St. to McLeod Rd.) • Phase II (b) - Drummond Road (Lundy's Lane to Kerr St.) - Lundy's Lane (Highland Ave. to Hanan Ave.) As a result, the work plan has had to be adjusted, however, it is expected that the project can still meet the time lines set out under the ISF guidelines. PROPOSED CONSTRUCTION SCHEDULE: Phase 1: Tender Date - Aug. 20, 2009 Council Approval - Sept. 14, 2009 Construction Start Date - Sept. 17, 2009 Phase 2: Tender Date - December 13, 2009 Council Approval - First Council in January 2010 Construction Start Date - Early March 2010 Financial Impact of Expenditures: Project R44: Total funds required to complete Phases 1 & II $252,916.00 Approved budgeted funds (12 -3- 310044 - 030000) $320,000.00 It should be noted that the Region's share of the Engineering costs is estimated to be approximately $91,000 which is not included in the above financial summary. Prepared by: Approved by: Respectfully submitted: C. McLeod S: \REPORTS\2009 \MW- 2009 -51 - Consultant Appointment Drummond Road - Delcan.wpd vti Geoff Holman, Director of Municipal Works Ed Dujlovic, executive Director of Community Services Ken Todd, Chief Administrative Officer J 0 0 0 o -UGH ST j t Q. • I t L< LiJ > irk\TE 11 ENCE ;T. 7 - 1 • 1 P f IAL LAS HOMESTEAD z z CHANKLEE GRES. LEEMING - v 0 V) 7.. 14 '- CONCORD ORES, L. . r 0 z CULP ST. 0 PRINCESS z I I L MARGARET 3TOKES J TISCH OOL El L I ENING_ ST. I 2 I < i 6 lilijcp_14 LUNDY'S LANE HIGH ST. I MAITLAND —PHASE 2 KER ST. BARKER ST, MARANDA ST. CULP ST. TAYLOR ST. --_--- MONROE ST. ASH ST, MURRAY ST. w _.J - CORWIN ORES. 4°- k 0 m f J L ______w 1 _ D ULN _S_T_P, E a E_T m i _1_ --------LEAWOOD I ARTeLL,„-, C.r.Cm.vo, LLA C) P C ,•/. ARARET ST { () ■AN - Th ii L. HAWKINS ST. HAWKIN MCLEOD ROAD NiagarW14 ARAD 0 > -4 ST. - 0 0 0 z 0 0 2 c BUCHNER PL. BARKER ST, A g D TOBY l_LEE_S.,1„ -- J _—_.. CHURCHILL §T' - 0)— R i ST. M __ Fcr SKINNE N) — i > VILLA CRES. LP ST: ILA 4 in 0 0 0 w 4). L Lt- 1,3 Y. Z LZI tri ST. co i • V- , ..J .I (- ,...," SUMMER C4 I ST. LAT, AW LPRING \ F MUNICIPAL WORKS * fr rn • 0 4- 1 , 1.0 Cr: < CADH U L d 0> 1. < 1 0 (1) A . ST. \ ROBc IN ,C)N - --- - 1 \ L SYMMES__ I Z > , , ----, > -- --1` . •:-.: I .1 uT ' < 1 1 --- ._---- ----tviORRA ST. DIXON ST. DUNN S T 0 4ENNEPII ORLS. L _FRONTENAQJ 0 MCLEOD - ROAD r , SCALE DATE w E T 0 N.T.S. STREET C SUNNYLEA RES. MCLEOD _RED 07/13/2009 PEER _N. FL: 0 > 0 I. 0 0 8 APPROVED DIRECTOR OF MUNICIPAL WORKS DATE 2009 Drummond Road Construction Phasing FILE. NO. MAP 229_230-09 1 No. Task Description Budget 1 Topographic Survey $ 3,083.00 2 Road Design $18,060.00 3 Sanitary Sewer Design $ 8,356.00 4 . Storm Sewer Design $11,356.00 5 Watermain Design $ 8,356.00 6 Project Meetings and Liaison $ 7,500.00 7 Geotechnical Terms of Reference $ 2,000.00 8 Contract Documents $ 8,500.00 9 Tendering Assistance $ 2,000.00 Total $69,211.00 3elcan TRANSPORTATION • INFORMATION TECHNOIOGY • WATER • Wednesday, June 24, 2009 City of Niagara Falls City Hall, Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 4056 Dorchester Road, Niagara Falls, ON L2E 6M9 Tel: 905.356.7003 • Fax: 905.356.7008 www.delcan.com Attention: Mr. Chuck Mcleod Dear Mr. Mcleod: Re.: Drummond Road Final Design — Dixon Street to Kerr Street We are pleased to submit our revised estimate to complete the Final Design and tendering of Drummond Road from Dixon Street to Kerr Street. As per our letter of Tuesday, November 13, 2007 there is $38,506.00 ($59,831 - $21,325) remaining from the original budget. Allowing for staff salary increases since our original proposal and for overtime costs to meet the aggressive schedule would add 20% to this original amount. The original proposal did not have an amount for contract document preparation ($8,500), tender assistance ($2,000), additional meetings and liaison with City Staff ($7,500), or preparation of the geotechnical terms of reference ($2,000). We have also added $3,000 to the storm sewer design which may now require quality control. The proposed budget would be as follows: Integrated Systems and Infrastructure Solutions Page 2 The above budget does not include illumination design, printing of tender sets or contract administration during construction. We also note that the Battle of Lundy's Lane (War of 1812) took place adjacent to the site and the original Environmental Assessment did not include an archeological assessment. We look forward to working with the City of Niagara Falls on another challenging project. If you should have any questions or comments, please call the undersigned. Yours truly, Steve Brant, P. Eng. SB /sb Integrated Systems and Infrastructure Solutions Reconstruction of Drummond Road (Phase 11) and Lundy's Lane from HighlAnd,-Avenue to Hanan /kern) TN-8220-M * ,‘ June 20 xon Street to MacLeo Kerr Street to Lundys In the City ex ik Municipal W Elle: • PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of DrUmmond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Haman Avenue TABLE OF CONTENTS 1.0 2.0 BACKGROUN'IF AND KEY ISSUES 1 3.0 WORK PLAN AND PROJECT SCHEDULE 2 4.0 PROJECT TEAM AND QUALIFICATIONS 7 5.0 RELEVANT PROJECT EXPERIENCE 8 6.0 INSURANCE COVERAGE 10 7.0 PROJECT MANAGEMENT 11 8.0 BENEFITS OF CHOOSING DELCAN 11 9.0 CONFLICT OF INTEREST STATEMENT 13 10.0 ITEMS /EFFORT TO BE PROVIDED BY REGIONAL STAFF 13 11.0 ENGINEERING FEES 13 List of Figures INTRODUCTION 1 Figure 1, — Project Schedule Figure 2 — Fee Schedule Lest of Appendices Appendix A - Project Team Resumes Appendix B - Delcan Corporate Profile © Confidential and Proprietary Information Page i Not to be copied without the pemdsslon of Delcan aelcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue Milk 44111281 Ze%an 1.0 INTRODUCTION Our proposal to provide consulting services for the City of Niagara Falls is submitted in response to the City's verbal request to complete the detailed design, co- ordinate preliminary preparatory work leading up to road construction, and prepare tender documents for the construction of Drummond Road from Dixon Street to Macleod Road and from Kerr Street to north of Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue in the City of Niagara Falls. The work includes the design for approximately 1.4 km of 2, 3 and 4 -lane roadway (Drummond Road) with bike lanes, intersection improvements including traffic signals at Lundy's Lane, storm sewers, sanitary sewers, local watermain, illumination, utility relocations and other related works. The work also includes the design for approximately 0.55 km of 4 and 5- lane roadway (Lundy's Lane) with intersection improvements including traffic signals at Lundy's Lane, illumination, utility relocations and other related works. The detailed design is to be completed in accordance with the completed Schedule "C" Class Environmental Assessment (EA). In preparing the proposal, Delcan has carefully reviewed the Environmental Study Report (ESR) and other background information (e.g., correspondence to /from review agencies and members of the local public and business community). Our proposal will clearly demonstrate that Delcan is a proven, knowledgeable and skilled Consultant capable of successfully completing this project. In addition to having the required experience, capabilities and project specific knowledge, we are totally committed to completing this assignment on -time and within our proposed budget. Through the staff of our local office we have intimate familiarity with key project issues (e.g. key stakeholders, property acquisition, potential new development, possible utility conflicts, staging strategies and new storm sewer outlet issues) ensuring that Delcan is already a step ahead. 2.0 BACKGROUND AND KEY ISSUES The need for corridor improvements on Drummond Road from Lundy's Lane to McLeod Road was previously identified in the City of Niagara Falls Transportation Master Plan (TMP, 1998). The Class EA study was initiated in August 2005. During the course of this study, the need for improvements at the signalized intersection of Drummond Road and Lundy's Lane was identified and the study limits were expanded, in consultation with City of Niagara Falls and Regional Municipality of Niagara staff, to include the section of Lundy's Lane from Highland Avenue to Main Street/Portage Road. EA Study Recommendations /Mitigation Measures The Drummond Road ESR identified a number of potential impacts that must be mitigated during final design and construction. Protective measures to mitigate these impacts shall be implemented as discussed in the ESR during the detail design phase and construction. In general, impacts to be mitigated pertain to the following: Confidential and Proprietary Information Page 1 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue 2. Complete Base Plans Delcan • Erosion and sedimentation control • Construction noise • Construction related impacts to adjacent residents /businesses • Property requirements • Destruction /disruption of archaeological resources Additional Work/Approvals Required (Identified in the ESR) In addition to the EA Study recommendations and identified mitigation measures, the following additional works to be undertaken and approvals required will be addressed: • Obtain approval from the MOE for proposed sewers and watermain. • Continue to negotiate with affected property owners where additional property is required. In 2007, Delcan was hired by the City to undertake preliminary design for a hydro relocation on Drummond Road from Dixon Street to Kerr Street. Enough preliminary design was completed to specify the new pole locations. 3.0 WORK PLAN AND PROJECT SCHEDULE Work Plan The detail design of Drummond Road from Dixon Street to Macleod Road and from Kerr Street to north of Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue will be completed via the following series of activities: 1. Review EA Documentation and Associated Correspondence All mitigation measures identified in the Drummond Road ESR will be reviewed for their incorporation into the final design. Delcan is fully aware that the project must be implemented in the manner it was developed and designed, as set out in the ESR and inclusive of all mitigating measures and environmental and other provisions therein. Delcan will utilize the existing base plan created for the EA study. Additional survey may be required. The base plan and drawing sheets will be done to City of Niagara Falls standards. 3. Horizontal Road Alignment Delcan will review and finalize the horizontal road alignment and the typical road cross - sections that were recommended in the ESR. We have included time in our project Confidential and Proprietaty information Page 2 Not to be copied without the pennisslon of Defcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue schedule to make minor modifications as required to suit the design criteria as well as existing conditions. 4. Vertical Road Alignment 3elcaa Delcan will design the vertical alignment of the proposed road. Delcan will ensure that the proposed road grades will conform to the minimum and maximum grades recommended by the Transportation Association of Canada (TAC). Vertical curves will be used at all changes in grade. The longitudinal road grades will be designed to ensure a 0.5% minimum curb grade and the road cross fall will be kept between 1.5% and 3.0% as required to ensure positive drainage on the sidewalk and boulevard. Driveways grades will be designed to fall between 1.5% and 8.0% which we have found to work without problems in the past. Effort will be made to keep sidewalk, road cross fall and driveway grades as close to 2% as possible. The grading design will also focus on matching the existing grades along the right of way, to minimize the impact to existing property owners. Catch basins will be located at the appropriate spacing as per design standards. At major intersections, Delcan will review the profile and cross slopes of the intersecting roads and adjust them as suggested by TAC to ensure a smooth vertical alignment for both roads. Delcan will calculate the radii grades at all intersections and plot them on the drawings. Delcan will also plot the existing and proposed cross - sections to confirm conformance of boulevard and driveway grades to City standards. The cross - section will also determine where the new grades will match existing ground and will help determine property requirements. 5. Complete Drainage and Storm Water Works The proposed storm sewer will be designed to drain the area that is presently draining to this section of Drummond Road. On Lundy's Lane we anticipate that the catch basins can be moved back to the new curb line. Delcan will prepare drainage area plans and storm sewer design sheets. The storm sewer will be designed in accordance with the MOE Guidelines and shown in plan and profile. Delcan will the Niagara Peninsula Conservation Authority to review quantity and quality control of the storm flows. Applications for the Certificate of Approval from the MOE for the proposed storm sewer and watermain works will be coordinated with the City. Confidential and Proprietary Information Page 3 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue 'Delca!? 6. Sanitary Sewer and Watermain Design Sanitary sewer and local watermain detail design will be completed according to the City of Niagara Falls and MOE guidelines and current standard practices. The sanitary design will involve verifying the contributing catchment areas, coefficients and the capacities and condition of the receiving system components. The watermain design will follow all applicable MOE standards including separation from sewers. Applications for the Certificate of Approval from the MOE for the proposed sanitary sewer and watermain works will be coordinated with the City. 7. Confirm Property Requirements The design will be analyzed for potential property requirements, and adjusted accordingly to minimize the City's costs in acquiring the required property. Delcan will provide this information to the City early in the process to allow sufficient time to negotiate with affected property owners. 8. Design Details Delcan will design all miscellaneous details associated with road reconstruction such as boulevard grading, small retaining walls, sodding and seeding etc. James McWilliams, a Landscape Architect, has been retained to provide advice regarding tree protection and tree planting. 9. Utility Relocation Delcan will liaise with utility companies such as Bell, Hydro, Cogeco, and Enbridge to review required utility relocations resulting from the proposed road work. Delcan will meet with the Utilities early in the process to allow them the maximum time possible to carry out the relocations and give them the best chance to meet the construction schedule. Delcan will work with the utility companies to determine what has to be relocated, find a suitable location for the relocated utility and provide a cost estimate to the City. In particular, test digs will probably be required for Bell and Enbridge. We have provided for 5 meetings with the utility companies. 10. Liaison with Region Confidential and Proprietary information Page 4 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and Front Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue Lundy's Lane is a Regional road while Drummond Road is a City road, therefore liaison and coordination including cost sharing will be required with the Region. We have allowed for 3 meetings with the Region. 11. Traffic Signals We have assumed that the traffic signals at the intersection of Lundy's Lane /Drummond Road will be designed by the Region. The traffic signal underground will be shown on Delcan's plan and will be included in the tender. 12. Civil Contract Drawings Delcan will prepare a complete set of construction drawings utilizing AutoCAD 2005 including: • • Title sheet, index and key plan • Plan and profile drawings (1:200) • Typical cross- section drawings and miscellaneous details • Pavement marking and signing drawings (1:500) All plans will be prepared according to the City of Niagara Falls standards. 13. Undertake Public information Centre Delcan Delcan will prepare drawings, information pamphlets and notices (for distribution by the City to any affected residents or property owners) in preparation of holding a Public Information Center (PIC). The purpose of the PIC is to inform the public of the proposed work and familiarize them with the final design in compliance with the Municipal Act. Written comments will be received from the public and Delcan will be responsible for preparing draft responses to any questions or concerns raised at the PIC. Following the PIC, Delcan will convene a meeting between Municipal staff and the Delcan project team to review all comments and feedback received and assess their relative importance and impact to the project. Decisions will be made at this meeting as to whether modifications stemming from the feedback are to be incorporated and what impacts, if any, these modifications will have. In addition, a technical review of the design, utilizing a basic VE approach will be undertaken to identify any value added or safety modifications. Any major issues will be resolved prior to tendering of the project. 14. Contract Specifications Delcan will prepare the Schedule of Quantities, Supplementary Special Provisions and Schedule of Drawings in accordance with the Niagara Peninsula Standard Contract Document. Special provisions will be prepared for all unusual items or facets of the proposed work. Other potential impacts during construction identified in the ESR will be addressed in the specifications so that they are mitigated during construction. Confidential and Proprietary Information Page 5 Not to be copied without the permission of Delcan PROPOSAL. FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue 16. Approvals 17. Review of Final Design 15. Quantity Calculations and Cost Estimates 19. Meetings 3elcan Delcan will develop a complete list of pay items and prepare the Schedule of Quantities for one tender call in accordance with City of Niagara Falls general practice. References will be made to the appropriate specifications for each item. Detailed quantities will also be calculated for each item and a cost estimate will be prepared using recent bid prices. Delcan will also submit the appropriate forms and supporting information to obtain MOE, MNR, NPCA and DFO approval for the stormwater design if required. Similarly, approval will be sought from the MOE for the watermain and sanitary sewer. Delcan will formally submit the final deliverables (drawings and specifications) to the City for final review. Delcan will meet with the City, discuss the City's comments and make any revisions that are required. 18. Tendering and Tendering Assistance As in the past, we have assumed that the City will do the printing of the tender documents for tendering. Delcan will respond to questions during the tendering period, prepare addendums as required, attend the tender openings, and check the tenders for completeness, mathematical and other mistakes. Following this, Delcan will prepare a recommendation letter. Throughout the course of the project, Delcan has allowed for a number of meetings as outlined below: • Project Initiation Meeting with the City of Niagara Falls(1) • Monthly Review Meetings with the City of Niagara Falls(6) • Utilities (4) - 4 meetings for Co- ordination with Enbridge, Bell, Cogeco and Hydro • Regional Traffic Signal Section (3) • PIC (1) • Approval Agencies — (4) Confidential and Proprietary Information Page 6 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue 3elcan Project Schedule Figure 1 outlines the proposed project schedule based upon the work plan previously described in Section 3. The schedule shows that the project can be completed by December 2010, assuming a start date of August 2009 and assuming no undue delays caused by elements beyond the control of the consultant. The assigned staff will be able to participate in the project to the extent required to successfully complete it within this time frame. 4.0 PROJECT TEAM AND QUALIFICATIONS The key personnel to be assigned to this study have been selected on the basis of their skill sets and availability for working on this assignment. Our team brings a wealth of experience and strong technical skills including, but not limited to, expertise in detail design, traffic /transportation safety, storm water drainage /management, environmental mitigation and archaeological assessment (as recommended in ESR). This project will be conducted through our Niagara Falls office by local staff with assistance from Andre Poirier of our London Office and James McWilliams & Associates. A snap shot of each team member's skills and responsibilities are identified in the short biographies below. For more in depth details on each team member please refer to Appendix B for their resumes. Project Management Steve Brant, P. Eng., will be the Project Manager for this Detail Design project. Steve will be directly responsible for all aspects of project delivery to the City of Niagara Falls including; scope of work, cost control, scheduling, progress monitoring, and quality management. Steve will ensure the activities of the assigned Project Engineers and Technologists, as well as any sub - consultants follow Delcan's Quality Assurance and Quality Control procedures. Steve's wealth of experience with similar projects for the City of Niagara Falls will be invaluable to successfully completing the detail design of the project. Steve is Delcan's Design and Construction Manager with 25 years experience in the management of design and contract administration assignments for roadway, highway, municipal and bridge projects. Steve has successfully managed numerous projects including road reconstruction, road widening, highway resurfacing, bridge rehabilitation, traffic signals, street lighting, tunnel construction and rehabilitation, watermain replacements, storm sewer installations, site plans, streetscaping, sanitary sewer and forcemain installations, bridge construction, and subdivisions. These projects have included liason with the public and all levels of government and have required obtaining necessary approvals. Delcan Project Team Members Confidential and Proprietary Information Page 7 Not to be copied without the permission of Delcan t•-• o 04 0 " cr) 0 (.1 5I0 .0 E 03 E z 0 co 0 z co C w 1'0 O o. ! o IC) ; IT) 1 0 1< • c . 0 ( 7, 1E , -!. • • 1 • (0 10 re a. cg 0 (3 0 0 4) •_ tt 0 0 0. E 0 0 w Cr) w co Oa SI 0 a) z 0 S ) 0 a. u., r- z o LL. 0 (/) 0 w cc 4) PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue Ze %an Mr. Nick Palomba, P. Eng., is a Senior Transportation Engineer and Delcan Vice - President. Mr. Palomba, as the Manager of Southwestern Ontario Traffic Operations, retains the ability to mobilize and coordinate Delcan's staff resources. Mr. Palomba will be responsible for review of traffic issues, such as intersection design, safety, VE, pavement markings and signage. Nick brings to the study over fifteen years of experience in a wide variety transportation studies, including preliminary design, environmental assessments, safety reviews, traffic operations/ planning analyses, and site impact analysis. Stanley Pip, P.Eng. will be the Design Engineer for this project. As a Municipal Engineer, he will assist Steve Brant with the roadway and municipal servicing design components. His expertise in the latest available design and drafting software allows Mr. PijI to efficiently complete preliminary and detailed designs. Rick Bonato, CET, is a Senior Engineering Technician with over 25 years experience in municipal civil projects, with an extensive background in CAD, design, surveying, and construction inspection. His varied experience gives him valuable insight to create final contract plans and to alleviate potential construction concerns during design. His experience on past similar projects will ensure all electronic data and CAD plans are completed to City standards. For this project, Rick will manage, direct and work with the CAD Design Team to ensure the final design plans are completed on time and meet City standards. Andre Poirier, P.Eng., is .a Design Engineer specializing in Stormwater Management. He has nine years' engineering and project management experience in urban water and wastewater infrastructure including urban stormwater management, land development projects, sewage pumping, odour control, and water distribution optimization. He has a thorough background in hydrology, urban hydraulics, open channel flow, and the principles used in modern stormwater, drainage, water supply and sewerage design analysis and modeling. He has an innovative and creative approach to solving civil engineering problems. Specialized Sub Consultants Mr. James McWilliam, BES, BLA, OALA, Landscape Architect (McWilliam & Associates) has over 20 years experience working on transportation and corridor related projects, and will aid in determining suitable locations for street trees and be responsible for identifying protection measures for the trees not requiring removal but situated in close proximity to the road. Trees shall be replaced according to the City's tree replanting policy. 5.0 RELEVANT PROJECT EXPERIENCE Delcan has completed numerous detail design projects in and around the Niagara Region which have elements very similar to the requirements of this study. A summary . 7 Confidential and Proprietary Information Page 8 Not to be copied without the permission of Delcan De %an PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue of our related projects are listed below. Additional Company information can be found in Appendix C. Casino Roads Project (City of Niagara Falls): Involved the reconstruction of a number of streets adjacent to the recently completed Niagara Falls Casino, located on an eight- hectare site on Murray Hill overlooking the Horseshoe Falls. The project included road widenings for each of the roads including property acquisition, signalization and road infrastructure improvements required to meet future transportation needs as identified in the Niagara Falls Transportation Master Plan. New developments requiring these improvements included the proposed Niagara Falls Casino complex, upgrades to Marineland, the proposed People Mover System and the Tourist Area Development Strategy. Under strict timelines for completion (Le. study and roadway reconstruction had to be completed prior to Casino opening), consultation aids such as 3- dimensional visualizations and animated micro- simulation models were used to successfully resolve contentious issues and receive complete "buy -in" from the local business community. The final design included road reconstruction, landscaping and a number of retaining walls. The enhanced environment has since served as a catalyst for the area's revitalization. Approximate value: $11,000,000. Bender Street Reconstruction for Casino Niagara (City of Niagara Falls): Preliminary and Final Design, Contract Administration and Resident Inspection for the reconstruction of Bender Street as part of the opening of Casino Niagara. Project included the installation of new CP railroad crossing, the installation of new traffic signals at 3 intersections and the refurbishment of traffic signals at 2 other intersections. The project also included installation of a watermain crossing on a bridge over Highway 420, the installation of a major duct bank under Highway 420 and resurfacing of part of Highway 420 including a superelevated curve. The project was also fast tracked to meet the casino opening date. Approximate value $3.0 million. Project was undertaken as a Class Environmental Assessment including Public Participation and Environmental Study Report. Reconstruction and Widening of York Road from Mcleod Road to Rideau Street (City of Niagara Falls) Reconstruction of this portion of Kalar Road to a 4 or 5 lane urban configuration with bike lanes and sidewalks. The work involved a new storm sewer , a new watermain and 3 new traffic signals. Approximate value $5,000,000. Reconstruction and Widening of York Road from Airport Road to Townline Road (Regional Municipality of Niagara). The project included a Schedule "C" Class Environmental Assessment, final design, Contract Administration and Resident inspection for the widening of York Road in the Town of Niagara -On- The -Lake. The project included widening of a concrete road, Traffic Signal design, construction of the Glendale Road Extension, relocation of a creek and rehabilitation of the creek valley. Approximate value: $2,500,000. Confidential and Proprietary information Page 9 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue ,2e%an Garrison Road and Thompson Road Widening (Regional Municipality of Niagara). The project included a schedule "C ", Class Environmental Assessment, final design, contract administration and resident inspection for the widening of Garrison Road and Thompson Road in the Town of Fort Erie. The project included road widening and osierlay, new watermain, new traffic signals, revised traffic signals, an MTO encroachment permit and street lighting. Approximate value: $3,000,000. Final Design and Construction of Drummond Road from Highway 420 to the Hydro Canal (Region of Niagara). Preliminary and final design for the reconstruction of Drummond Road between Highway 420 and the H.E.P.C. Canal in the City of Niagara Falls. The project included a new storm sewer and a watermain replacement for Niagara Region. Approximate value: $2,000,000. Reconstruction and Widening of Regional Road 38 (Martindale Road), Regional Road 72 (Louth. Street), Regional Road 77 (Fourth Avenue) and Highway 406 Interchange Ramps. (Region of Niagara) Preliminary and final design, Contract Administration and Resident Inspection. Project included an area traffic review, traffic signal design, illumination, obtaining an MTO Encroachment Permit and a Class "C" Environmental Assessment including Public Participation and Environmental Study Report, Approximate value: $4.0 million. Regional Road 101(Mountain Road /Portage Road) (Niagara Region): Schedule "C" Class EA Study including preliminary design was completed in September, 2007. Final Design is underway from Taylor Road to Dorchester Road. The project included bike lanes, a proposed roundabout and significant property acquisition. Noise from speeding vehicles was a major issue and several traffic calming measures were incorporated into the design. Salt damage was also an important issue to a local tree nursery. Considerable liaison was required with MTO, CN Rail and the City of Niagara Falls. Estimated project value: $7,850,000. 6.0 INSURANCE COVERAGE Delcan Corporation and its Sub - consultants for this assignment have and shall maintain throughout the project the insurance coverage specified in the RFP. Specifically, Comprehensive General Liability Insurance in the amount of $5,000,000 per occurrence which will be endorsed to include the City of Niagara Falls as an additional insured; Errors and Omissions Liability Insurance in the amount of $2,000,000; and both owned and non -owned (including SEF 99 endorsement) Automobile Insurance (OAP1) of $2,000,000. Error and omissions Insurance shall be carried for two (2) years after the termination /expiration of the assignment. Certificates of insurance will be provided prior to commencement of services. Confidential and Proprietary Information Page 10 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue i2e%an 7.0 PROJECT MANAGEMENT Delcan's project management process is "client inclusive" and ensures clients are fully involved throughout the planning and design process. In addition to the design process participation, clients are consulted and receive progress reports at key project milestones. The Project Manager ensures that all key stakeholders are identified and consulted to ensure all necessary approvals are received. The ultimate goal is to deliver a project that best meets client requirements in all respects. 8.0 BENEFITS OF CHOOSING DELCAN The unique advantages that Delcan Corporation can offer to this project can be summarized as follows: Drummond Experience Delcan completed the preliminary design for the utility relocation for a portion of this project and as a result, Delcan has extensive knowledge of the issues involved. Delcan will not require any "ramp up" time. We are aware of the status and details of the project and will be able to move the project foreword to a successful conclusion. Experienced Professional Team Delcan Corporation has assembled a professional team that has the proven experience . in all aspects of road design. The Project Manager, Steve Brant, P. Eng. has 25 years of road design and construction experience. Engineering Technician, Rick Bonato CET has 25 years of experience in road design, construction inspection and surveying. James McWilliam, our Streetscape and Landscape Architecture Design specialist, has over 20 years experience and has demonstrated his valuable expertise in numerous related projects. Proven Capability and Responsiveness Delcan has extensive experience throughout Ontario, Canada, and the world in multidisciplinary transportation and traffic projects of all sizes and degrees of complexity. We have completed a significant number of similar assignments over the past decade including a number in the City of Niagara Falls. Moreover, the considerable resources of Delcan are available to effectively deal with all significant matters related to this project as well as rapidly respond to unexpected issues not currently envisioned. Staff Availability The quality of work in any consulting assignment is ultimately a function of the people who perform it. Due to a slightly smaller workload than at times in the past, the key staff members assigned to this project are immediately available to begin this project and meet the aggressive schedule. Project Completion Assurance Confidential and Proprietary Information Page 11 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue Delcan For a project of this magnitude the City requires assurances that if something unexpected happens that the City's interests are protected. Where required, Delcan can call upon professional engineering assistance from one of its four other offices in Ontario. Delcan also has extensive ($1,000,000 general liability and $9,000,000 umbrella liability) insurance coverage. A Certificate of Authorization can be provided upon request. Delcan legally owns all software that it uses and complies with all Government regulations. Quality Assurance To ensure our clients receive the highest standard of quality professional services that meets their needs and budget, Delcan has developed a quality assurance program referred to as Delcan Advancing Quality (DAQ). A cornerstone of the DAQ Program is Delcan's registration as an ISO 9001/2000 company. Delcan's Niagara Falls Office is in the process of specific site ISO 9001 registration. Quality management is provided through the application of the required level of knowledge, skill, experience and care in the provision of professional services. Cad Standards Delcan recognizes that the City has an extensive and complex CAD standard system. We have the knowledge, skills and experience to fully comply with all CAD requirements. Framework of Management Program Delcan projects are successful as a result of the following principles being adopted: Commitment of Senior People - The quality of the work is a function of the people who do it and, from our experience, the greater the commitment of senior people, the better the quality of work and the higher the probability of success. Typically, in a professional firm, the greatest skills and experience are with the senior people. Single Point of Accountability - For effective management, there has to be an individual with responsibility for the coordination and management of the project. The designated Project Manager will have that responsibility and will be accountable to the Client for all of the work executed by the Project Team. The Client establishes standards and objectives and monitors the study progress through assistance and information from the Project Manager. This assures that the work is progressing satisfactorily and all involved parties will be able to resolve major policy issues. Effective Scheduling - Realistic schedules and budgets for all phases of the project are essential and have been included in this proposal. Approvals can sometimes take longer than expected and there are usually unforeseen events that cause delays. Delcan's system of continuous monitoring through the Project Manager ensures that Confidential and Proprietary Information Page 12 Not to be copied without the permission of Delcan PROPOSAL FOR ENGINEERING CONSULTANT SERVICES Reconstruction of Drummond Road (Phase II) From Dixon Street to Macleod Road and From Kerr Street to Lundy's Lane and Lundy's Lane from Highland Avenue to Hanan Avenue ,e %an any variation from the planned schedule or budget is recognized at an early stage. Corrective measures can then be instituted so that the overall completion of the project is unaffected. Internal Cost Control - The project budget will be agreed upon between Delcan and the Client, will be documented in an "Agreement for Consultant Services ", and will be matched to specific work activities. Weekly reporting from Delcan's Accounting Department to the Project Manager describes current charges to each activity, and variances to date. These figures allow the Project Manager, who also monitors work progress on each work activity, to quickly identify a deficiency or lack of efficiency, in order that corrective action can be taken immediately. The Project Manager is also responsible for reviewing all billings, prior to their being sent out every four weeks. In this way, the Project Manager is in firm control of the project cost at all times. These internal cost control procedures ensure that the Consultant's costs on the project are kept within the approved budget amount and that the work is done in an efficient and effective manner. Project Monitoring Once the project's work program, budget and schedule are approved, the project enters its monitoring and control phase. Control decisions are effected by reporting progress and re- forecasts in relation to the baseline plan. Adverse cost and schedule forecasts are reported so that corrective management actions can be taken as required. 9.0 CONFLICT OF INTEREST STATEMENT Delcan has identified no perceived conflict of interest in completing this project for the City of Niagara Falls. 10.0 ITEMS /EFFORT TO BE PROVIDED BY CITY STAFF The City will arrange for facilities to hold Public Meetings and will hand deliver notices in the study area as required. The City will provide all existing plans of Drummond Road and Lundy's Lane including drainage area plans. The City will hire a soils consultant to carry out a geotechnical investigation based on the terms of reference prepared by Delcan. 11.0 ENGINEERING FEES Delcan's fee estimate broken down by task and personnel is shown in Figure 2. All the work will be carried out locally in our Niagara Falls office except for specialist assistance for storm water management and landscaping design. We estimate the final design fee for this project including fees and disbursements (but not including G.S.T.) to be $274,705. The City's share would be approximately 67% or $183,705 and the Region's share would be approximately 33% or $91,000. Confidential and Proprietary Information Page 13 Not to be copied without the permission of Delcan en CI CD CD M o L. 0 13 a: D J °e ' ,1 OZULZ$ 09V1.14 $3,600 I $9.563 I 9 8 Z4: 9 Et s Udd 14$ own • I OWLS 1 9E9'01.$ I LS S96'6$ OEZ £89‘SS S Total Disbars. I 000'oi.$ j ii 00 Tes__ 001.6 OZ1.'LZ$ ogo 1.1.6 06 ..... [ .049:6$ . ..F.il . .4_______...._ ..gE'efij .. _ $7,425 $5,513 $1,200 $261,315.00 Ili 661.i .___......_._ 00'L _00'0S 0001. 66 TcFe ----------- owgz 009 - aOL ...... SUBS McWilliam & Assoc. & Assoc. i i I i I{ i 00 [ i i i f l o SI .__..._._.._ ii Iii i� j � t ii � j ! i i 3 1111 33 i � ilia o. i o � o. � ii. 0006c6 ()SS - OL$ _00 61;5$ i � : I : ` I ii 00 00'0 - 00'Z 00•0 3 'o gy m, 5.00 oot 0066 00'9 — Regional Traffic Section (3) PIC Approval Agencies (4) TOTAL en CI CD CD M o L. 0 13 a: D J APPENDIX A Education B.A.Sc., Civil Engineering (Honours) University of Waterloo, Ontario 1980 Professional Associations Professional Engineers, Ontario Employment History 1980 to 1987 Acres Engineering Kerry T. Howe Ltd. STEVE B BRANT, POENG Manager Municipal Engineering Integrate Systems and infrastructure Solutions Profile Steve is the Senior Municipal Design Engineer /Project Manager in Delcan's Niagara Falls Office and the Manager of Municipal Engineering. Steve is the primary contact for water, wastewater and stormwater engineering services at Delcan Niagara. Steve has 25 years of diverse experience in environmental assessments, preliminary design, detailed design and contract administration of various infrastructure projects. Projects have ranged in size from several thousand dollars to over 30 million dollars and include watermains, sewers, forcemains, pumping stations, roads, highways, streetscaping, bridges, tunnels and site servicing, etc. Steve has provided total project management on most of these projects from conception to construction. Projects Design - Park Street Storm Sewer (City of Niagara Falls) Design and Contract Administration — Rolling Acres Storm Sewer (City of Niagara Falls) : Design and Contract Administration - Garrison Road Improvements from Kraft Road to Central Avenue (Regional Municipality of Niagara) Road Needs Study 2003 -2004 — Town of Lincoln, Ontario Design: Casino Roads Reconstruction - (Fallsview Boulevard, Murray Street, Dixon Street, Dunn Street, Oakes Drive, Main Street and Portage Road) (City of Niagara Falls): Design and Contract Administration - Widening of York Road from Airport Road to Towniine Road (Regional Municipality of Niagara): Design - Watermain replacement on Front Street from Regent Street to St. Davids Road (City of Thorold): Design - Dominion Road Watermain, from Argyle Road to Albert Street, from Ferguston Road to Lakeshore and from Buffalo Road to Crescent Road, (Town of Fort Erie): Design - Stanley Avenue, from Marineland Parkway to Chippawa Parkway, Niagara Falls (Region of Niagara): Design - Watershed Storm Drainage Area Plan, Stanley Avenue from Stamford to Morrison, and on Inglis and Alexandria (City of Niagara Falls): Design - Trunk Sanitary Sewer Crossing of the QEW at Ontario Street, Town of Lincoln (Region of Niagara): Design - Site Servicing of Niagara Falls Interim Casino: Reconstruction - Bender Street, Niagara Falls (City of Niagara Falls) Design - Peel Street Pumping Station Forcemain across Highway 58, City of Thorold (Region of Niagara): Reconstruction - Queen Street in Beamsville (Town of Lincoln) Reconstruction - Drummond Road, from Highway 420 to the HEPC Canal, City of Niagara Falls (Regional Municipality of Niagara): Widening and Reconstruction - Glenridge Avenue, Merrittville Highway, and St. David's Road (Regional Municipality of Niagara): www.delcan.com Page 1 Z.PeICafl Education B.A.Sc., University of Waterloo, 1989 TransCAD Training, Caliper Corporation, Niagara, ON Project Management, Business Architects EMME /2 — University of Toronto Professional Associations Association of Professional Engineers, Ontario Consulting Engineers of Ontario (Niagara Chapter): Chair Institute of Transportation Engineers (Hamilton Area Section): Past Secretary Treasurer Institute of Transportation Engineers (Hamilton Area Section): Past Technical Chair Institute of Transportation Engineers (Hamilton Area Section): Past Vice - President Institute of Transportation Engineers (Hamilton Area Section): Past President Employment History 1989 Delcan Corporation, Niagara Falls (Sr. Transportation Engineer) Integrate Y Nick Palomba, P.Enge Vice - President, Senior Transportation Engineer, Niagara Falls Profile Nick Palomba has over 18 years experience in project management and engineering. He has successfully completed various VE, EA, transportation planning and transit projects as well as traffic and parking studies. Mr. Palomba has a great deal of experience liaising with all levels of government and in public consultation. He is recognized for his management expertise. His focus in co- ordinating project activities in house and with sub - consultants ensures that the schedule and budget are met, and he enables clear communication with clients and steering committees. As a technical expert, Mr. Palomba specializes in traffic analysis, safety, micro - simulation, operational and policy issues, construction staging and work zone safety, environmental assessments, and aiding the development of public consultation programs. Projects Transportation Planning and Modeling nd fnfri s tructure Sotuti Multi- disciplinary studies for both highway and public transportation which require integration of land use planning, transportation planning, and customization to unique issues in each study. For each of the studies a transportation model has been prepared using TRIPS, TRANSCAD, EMME /2, SYSTEM2, and other customized computer software: o Transportation Master Plan for Niagara -On- The -Lake, NOTL o City of Welland Transportation Planning Study, City of Welland o Transportation Planning Study, Region of Hamilton - Wentworth Traffic Operations and Safety Performance Analyzed the traffic operations of the corridor and performed safety review for existing and future scenarios and suggested the improvements required for the efficient and safe functioning of the corridor. Involved in intersections operational analysis and design using HCS, SYNCHRO, SIMTRAFFIC, etc. o Avenue Road Interchange Reconfiguration, Ministry of Transportation o Highway 401 Planning Study Brock Road to Courtice Road, Ministry of Transportation o Highway 401 Traffic Analysis from Brock Road to Harmony Road, Ministry of Transportation o Queen Victoria Park Traffic Analysis, Niagara Parks Commission, Niagara Falls, Ontario o Traffic Operational Study of Lincoln Corridor, City of Welland, Ontario o Traffic Operational Study of Niagara Street Corridor, City of Welland, Ontario o Traffic Operational Study of Ontario Street, City of St. Catharines, Ontario o Glendale Avenue Operational and Safety Review, Regional Municipality of Niagara www.delcan.com Page 1 of 2 Zeican Education Ontario Secondary School Diploma Bachelor Degree in Engineering (B.Eng.), McMaster University, 2000 Professional Associations Professional Engineers Ontario Employment History 2000 -2004 Quartek Group Inc. 2004 - present Delcan Group Inc. Software Proficiencies: Microsoft Office package, AutoCAD Land Desktop 2005 MIDUSS 98, VO2, and other various SWM software packages Stanley Pijl, P.Engo Municipal Design Engineer Profile Projects integrated Systems an<d lti #fa structure Solu;tio Stanley Pijl has over 8 years experience in project management and engineering design. He is responsible for the management and development of municipal infrastructure related projects. Mr. Pijl has a varied experience and knowledge of many different types of engineering projects, encompassing planning, design and construction methodologies. He continually strives to expand the boundaries of traditional engineering practices through application of current developments, techniques and the use of the latest software within his field. Mr. Pijl's flexibility and understanding toward clients' needs gives him the ability to anticipate problems, allowing a project team to adjust its work -plan to avoid time - consuming duplication of work and budgetary conflicts. City of Toronto, 2008 - Avenue Road Watermain - Involved in the preliminary design phase of approximately 5000m of trunk watermain replacement utilizing various methods of installation including open cut, slip - lining, and jack and boring. Mr. Pijl analyzed various construction techniques for cost effectiveness as well as impacts to traffic and pedestrians to determine the appropriate design. City of Regina, 2008 - Greens on Gardiner Subdivision - Responsible for quality control of the final design, including storm and sanitary sewers, stormwater management for minor and major systems, bio- swales and overall grading for a subdivision comprising approximately 1000 lots. Mr Piji reviewed design drawings and calculations and provided feedback to design team to ensure final product met City of Niagara Falls, 2007 - Kalar Road Improvements - Involved with the preliminary and detailed design for approximately 1500m of storm sewer, watermain and road reconstruction in a rapidly expanding area of Niagara Falls. Working with the project manager and design team, Mr. Pijl developed appropriate pipe design based on drainage areas and required capacity. He was also responsible for the challenging job of designing the road grading. Town of Fort Erie, 2007 - Garrison Road Improvements - Responsible for the preliminary and detailed design for approximately 1000m of storm sewer and sanitary sewer, and road reconstruction in the main business district of Fort Erie. Working with the project manager and design team, Mr. Pijl developed appropriate pipe design based on drainage areas and required capacity. In addition, he was responsible for the job of designing the road grading and alignment. York Region, 2007 - York Region Rapid Transit Plan - Involved in the preliminary design and layout of Phase 2 of the plan, which involved the widening of approximately 8000m of Yonge Street to include BRT (Bus Rapid Transit) lanes as well as intersection improvements focusing on pedestrian safety as well as easing congestion. www.delcan.com Page 1 of 2 Professional Associations Ontario Association of Engineering Technicians and Technologists Employment History 1988 - Delcan Corporation 1986 -1988 Jaddco Anderson 1984 -1986 Canex Exploration 1981 -1984 Teledyne Exploration 1977 -1978 Town of Niagara -on- the -Lake, Public Works 1976 -1977 Barr Associates Continued Education Autodesk "Land Desktop" (LDD) 2004 AutoCad 2000 Update Introduction to G.I.S. "ArcView" Access 2000 "Autodesk" Land Desktop (LDD) (1999) "Autocad" — 3 -D Intro to "Autocad" Quahtity"Su rveyi ng, "MS -Dos, dBase, Word Perfect, Lotus 123 MEA /MOE Courses: Inspectors Course for Sewer & Watermain Construction, Storm Sewer and Sanitary Sewer Design. Rick R. Bonato, C.E.T. Senior CAD /Design Technician, CAD Manager Profile Rick Bonato joined Delcan in 1988 and is currently Cad Manager, and Senior Cad /Design Technician for the Niagara Falls branch. He has over 28 years of industry experience with a background in Cad, Surveying, and Construction Inspection with over 20 years experience in municipal civil projects. His varied experience gives him valuable insight to create final contract plans and to alleviate potential construction concerns during design. In addition to municipal engineering projects, Mr Bonato has an extensive varied background that includes surveying and construction inspection for large steel mill projects. He has considerable experience in a supervisory capacity as a survey party chief including conducting oil & gas exploration surveys in Canada's frontier regions. Mr. Bonato pays great attention to detail when providing deliverables to clients for both capital construction projects and Class Environmental Assessments. He strives to always maintain standards that clients demand and to bring creativity to projects. Projects City of Niagara Falls, 2007 — Kalar Road /McLeod Road Reconstruction Town of Fort Erie /Region of Niagara - 2006/2007 — Garrison Road Reconstruction City of Niagara Falls, 2005/2006 - Park Street /Crysler Avenue /Victoria Avenue Sewers & Road Reconstruction City of Niagara Falls, 2003 — Casino Roads Class Environmental Assessment and Detail Design City of Niagara Falls, 1996 - Bender Street Reconstruction Ontario Casino Corp., 1996, - Site Servicing of the Niagara Falls Interim Casino Region of Niagara, 2003/2004 — Class Environmental Assessment and Reconstruction of Regional Rd. 81 (York Rd. /Glendale Ave., N.O.T.L) Region of Niagara, 2002/2003 - Reconstruction and Widening of Regional Road 3 (Garrison Rd.,) and Thompson Road, Fort Erie, Ont., Region of Niagara, 1998 - Reconstruction of Regional Roads 81, 38, & 72 (Fourth Ave., Martindale Rd., & Louth St. in St. Catharines) Region of Niagara, 1999 - Class Environmental Assessment of Regional Road 20 (from Hwy. 406 to the Town of Fonthill) Region of Niagara, 1997 - Reconstruction of Regional Road 89, (Glendale Ave) www.delcan.com Page 1 of 2 Delca Education Bachelor of Science, Engineering (Water Resources), University of Guelph, 1997 Professional Associations Professional Engineers of Ontario (PEO) Water Environment Association Ontario (WEAO) Employment History 2003 to present Delcan, London, ON 2000 to 2002 Ty -Crop Manufacturing, Chilliwack, BC 1998 to 1999 Cambridge Engineering & Planning, Cambridge, ON 1995 - 1998 AGRICON International Inc. , Cambridge, ON ed Syst a nd to to E Andre Pokier, P.Eng. Project Manager, Design & Construction, Water Division Profile Andre Poirier has nine years' engineering and project management experience in urban water and wastewater infrastructure including sewage pumping, odour control, water distribution optimization, land development projects, and urban stormwater management. He has a thorough background in hydrology, urban hydraulics, open channel flow, and the principles used in modern stormwater, drainage, water supply and sewerage design analysis and modeling. He has an innovative and creative approach to solving civil engineering problems. Projects Twinning of Primary Transmission Main - Preliminary Design & EA - Elgin Area Water Supply - 2007 (Lead Design Engineer) Master Planning for the Elgin Area Water Supply is gearing up for a substantial increase in demand as London reduces its reliance on the Huron System due to the connections of other municipalities. Currently the 15.7 km transmission main from the Port Stanley treatment plant to the St- Thomas Terminal Reservoir is insufficient to meet the anticipated demand. The preliminary design exercise is considering the optimal size of the new main (twinned) (900 to 1350 mm) in terms of future demand and ability to pump the water in a cost effective and energy efficient manner. Beyond the operational optimization exercise, feasibility of various proposed routes is being examined. The project is due to be complete in July 2007 and construction is anticipated in 2009 - 2012 depending on the progress of the demand. City of Cambridge, Boxwood Industrial Subdivision (Project Engineer) - Planning, zoning by -law amendments, servicing and stormwater management Municipal Class Environmental Assessment, preliminary engineering, traffic and environmental studies, detailed design, tendering and construction management for infrastructure required to develop a new industrial subdivision, to meet the demand for serviced land and attract business to the city. The subject property comprises some 90 ha. Of predominantly agricultural lands, interspersed with environmentally sensitive areas associated with the Hespeler West Subwatershed drainage system. Gordon Avenue Sewer Remediation & Biofilter - City of London - 2005 (Project Manager) Sewer gases and odours have been a problem for the Gordon Avenue Sewer for a long time. The City of London reviewed a series of odour control plans and decided on the implementation of a combination of measures including: designing and reconstructing the sewer to reduce velocities on the Gordon Avenue Hill (Phase I), designing and constructing a biofilter odour control system (Phase II). Project Manager for the construction. of Phase I, and the design and construction of Phase II. St- Jacobs Elmira OPIR - Pilot Project - 2006 (Project Engineer) Completed the pre- configuration study for implementing a water demand forecasting system. The OPIR optimization program accurately predicts the short term water demand in St- Jacobs- Elmira and provides control set points that allow the operators to eliminate fluctuations in production, thereby reducing the total stress on the water supply system. Widening of Ontario Street - Storm and Sanitary Sewer Analysis and Design - City of Stratford 2007 Provided High level analysis as well as detail design of storm and sanitary sewers for a municipal linear infrastructure upgrade. Analysis included the development of several options for storm and sanitary improvements in the corridor, liaison with City of Stratford staff and preparation of optimal infrastructure strategy. www.delcan.com Page 1 of 3 E. Andre Poirier, P.Eng. Design & Construction, Water Highway 401 Brock Road to Courtice Planning Study - Ontario Ministry of Transportation - 2005 (Project Engineer - Drainage & Hydrology) Reviewed the existing transverse drainage conditions for a 26 km section of Highway 401 from Ajax to Oshawa. Provided drainage and hydrology pre- engineering input into the planning study. Hauled Waste Feasibility Study - Region of Waterloo - 2004 (Project Engineer)With the implementation of a government imposed phase -out on land application of septage, the Region of Waterloo faced the need to insure that non -sewer connected human waste generated in the Region could be collected and disposed of by other means after the phase -out. The feasibility study assessed options for treating non sewer connected human waste generated in Waterloo Region. This included estimating the volume of septage produced in the Region, identifying and communicating with representatives of the septage hauling industry, and determining a feasible solution that would meet the needs of the Region. Towland Subdivision Servicing - City of London - 2003 (Project Engineer) Completed servicing plan for Towland Subdivision including stormwater management facilities design and approval. This site had particular SWM issues: 1. The outlet of SWM facility could not be placed above the 100 year level of the adjacent creek. The system required that runoff from an adjacent site be diverted through the property. A hydrologic model was prepared to insure that the dry pond would empty within 72 hours of a major storm event without surcharging. Various Projects - Cambridge Engineering and Planning Consultants Limited - Cambridge Ontario - Cambridge 1998 to1999 Estimation of work and preparation of tender documents for land development projects. Issuing tenders and analysis of bids. Pre - development surveying, construction site layout and inspection. Assisted company in the use of AutoCAD for more efficient earthworks calculations. Storm Water Management and Servicing Studies for land development projects. Projects included Braga Drive, Robinson Farm, Maple Crown (City of Cambridge); site layout for large -scale development in Brampton Site reconnaissance mission for Agricultural Research Lands Development: Government of Guinea - World Bank - 1999 Visited six research centres, completed inventory of land and irrigation /drainage infrastructure resources for Ministry of Agriculture. Completed preliminary budget and made recommendations for prioritizing Investment in field infrastructure. Preliminary Design Studies for Agricultural Research Facilities: Government of Mali - World Bank -1998 Managed two preliminary design studies for two agricultural research sites in Mali, West Africa under the supervision of Senior Agricultural Engineer. Various Projects - Mali, Senegal Burkina Faso - World Bank -1997 Provided technical support for the delivery of design plans, costing, reports and tender documents for 15 land development projects in Senegal, Mali and Burkina Faso. Managed the production of digitized base maps and detailed design drawings with CAD technicians. Design of erosion control, drainage, open channel and pressurized irrigation systems. Facilitated workshops in basic computer skills for AGRICON's clients (MS Access, Atlas GIS, Excel, Windows). www.delcan.com Page 3 of 3 McWilliarm & Associates Landscape Architecture, Environmental Planning JAMES McWILLIAM, BES., BLA., OALA., CSLA. CITIZENSHIP: Canadian /British EDUCATION: PROFESSIONAL ASSOCIATIONS: COUNTRIES OF Canada, Italy, Austria, Slovenia, Turkey, WORK EXPERIENCE: Peru, Pakistan, Venezuela, Jamaica, Barbados, USA. 1996 to present 1986 to 1996 1978 — 1986 B.L.A., Landscape Architecture, (Honours) 1976; University of Guelph, B.E.S., Environmental Studies, (Environmental Studies /Planning) 1978; University of Waterloo, Member O.A.L.A., Ontario Association of Landscape Architects, Member C.S.L.A., Canadian Society of Landscape Architects, Society of Ecological Restoration, McWilliam & Associates, Landscape Architecture and Environmental Planning, areas of expertise include: • TRANSPORTATION /CORRIDOR LANDSCAPE DESIGN, • PARK AND OPEN SPACE DESIGN, • STREAMBANK RESTORATION /REHABILITATION DESIGN, • COMMERCIAL AND INSTITUTIONAL LANDSCAPE PLANS, • RESORT/WATERFRONT PLANNING AND DESIGN, • COMMUNITY MASTER PLANNING, • ENVIRONMENTAL IMPACT ASSESSMENT, • VISUAL IMPACT STUDIES RSMI, (Resource Systems Management International), Delcan Corporation Toronto, Head of Landscape Architecture and Environmental Design, providing landscape design, and environmental design services, ECOLOGISTICS LIMITED, Waterloo, Ontario Senior Landscape Architect and principal with this multi- disciplinary firm of planners, landscape architects, and environmental scientists. His role with the firm was as project manager for landscape architecture, recreation planning and environmental design. 27 Bayview Drive, St, Catharines, Ontario, L2N 4Y3 Phone: 905 937 -8666 Fax:: 905 938 -9959 APPENDIX B CD 0 0 L O L O V 0 0 o. 0 Q Zeican COMPANY PROFILE Delcan Corporation is a leading global professional services firm with a solid reputation for providing superior client service and performance excellence. The company is widely recognized for its achievements on numerous high profile and award winning infrastructure projects in Canada and internationally. Delcan has been providing clients with innovative solutions for more than 40 years and presently offers a diverse resource base of over 500 highly experienced Professional Engineers, Architects, Planners, Scientists and technical support personnel. Comprehensive services are provided by the firm in fields of: • Transportation Engineering; • Land Development; • Municipal and Environmental Engineering; • Water Resources; • Structural Engineering; • Program & Project Management; • Infrastructure Rehabilitation; • Urban Planning; • Maintenance Management; • Systems Engineering; and • Telecommunications. Large or small, Delcan brings local and global sensitivities and perspectives to each project that is to be developed in any of the above areas. A sound knowledge of the most sophisticated technologies coupled with a culture of total quality management provides Delcan with a confident foundation from which to meet client's needs. Our endless search for ways to improve the quality of community life continues to distinguish Delcan's approach to development well into the 21st Century. COMPANY VISION To be a successful, respected, global company. MISSION Through leadership and innovation, we will respond to the needs of society providing quality, comprehensive services. We will contribute to a sustainable global environment and fully meet our client's needs while providing a solid return to our shareholders. Deican OFFICE LOCATIONS Delcan operates though a number of Canadian and International offices. These offices serve to provide clients with local access to the firm and its staff. A local presence also provides Delcan with the advantage of having a detailed knowledge of specific issues and the unique idiosyncrasies affecting the communities served by the firm. Consulting services in Ontario are provided through a close network of Regional offices located in Niagara Falls, Hamilton, Kitchener, London, Toronto and Ottawa. The firm's corporate office is located in Toronto, Ontario. TRANSPORTATION SERVICES Since its inception in 1953, Delcan has provided its Canadian and international clients with the highest quality services in its speciality fields of transportation, planning, traffic operations, urban and environmental planning, highway design, municipal engineering, systems engineering, structural engineering, infrastructure rehabilitation, maintenance management, and compliance auditing. The firm's growth and achievements stem from a motivated and knowledgeable staff, who take pride in their accomplishments and are committed to excellence in their chosen fields. The company is organized around four Divisions: Transportation Systems, Program & Project Management, Environmental, and Structural. The Divisional organization permits development of integrated management solutions that meet the client's needs and contribute to a sustainable global environment. Through a single point accountability management structure, Delcan's Divisional Vice - Presidents and Chief Engineers ensure that all projects meet the high standards of excellence set by the company. Delcan's Transportation Systems and Program & Project Management Division encompass the transportation expertise of the company. Our people continually respond to advances in the discipline of transportation engineering. These advances have created a need to provide services that are state -of- the -art and include all aspects of the latest technology. Delcan is committed to providing the know -how and support necessary to maintain its position in the forefront of the transportation field. Delcan has the transportation resources and expertise necessary to successfully undertake a wide range of transportation projects in the following areas: • Traffic Operations; • Strategic Urban Planning; • Parking Studies and Assessments; • Traffic Demand Management • Transit Planning and Operations • Road and Highway Design; 03/01 Peteal! • Airports and Aviation Planning; • Railway Operations and Design; • Environmental Assessments; and • Public Consultation Programs. The ability to bring to bear this vast array of experience, on large and small projects, is a vital asset of Delcan Corporation. This allows us to address today's increasingly complex and challenging transportation issues in a socially and environmentally sensitive manner. Delcan provides its services in North America through a network of 13 regional and local offices in Canada and the United States and from international offices in Hong Kong, Taiwan, Venezuela, Malaysia, Greece, and Israel. Our team of transportation engineers and technologists undertake each assignment under the premise of strong technical leadership, close involvement with client staff, open lines of communication, additional specialist input as required, and effective and efficient project management. We believe that there must be a synergistic relationship developed between Delcan and each client as it is very important to gain a full understanding of the issues and concerns surrounding each project. This allows an efficient use of expertise and project resources in the successful completion of each assignment and fulfillment of our client's requirements. In short, we believe that informative and personal contact makes the difference in each of our project's successes. MUNICIPAL INFRASTRUCTURE SERVICES Delcan provides a complete range of professional consulting services related to the Planning, Design and Construction of municipal infrastructure works related to Transportation, Water Distribution and Treatment, Wastewater Collection and Treatment, Water Resources and Stormwater Management, and Bridges and Structures. The firm's integrated approach to problem solving provides clients with innovative, sustainable solutions to infrastructure needs and issues, ensuring the following: • Identification and selection of practical cost - effective options; • application of recognized engineering and operational standards; • solutions are sensitive to environmental and community issues; • solutions are capable of taking advantage of innovation and technology; • constructability and operational safety built into each solution; • quality services are provided throughout the life -cycle of a project, from planning, design and construction to operations 03/01 Deican Our services include: • conceptual planning and feasibility studies; • existing infrastructure needs studies; • preliminary costing of alternatives; • environmental assessments and public consultation; • development of project schedules and budgets; • topographic surveying • functional and preliminary design • final /detail design • contract administration and construction inspection • preparation of contract documents and tendering • total project management 03/01 July 20, 2009 MW- 2009 -54 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -54 Contract 2009 -09 2009 Crack Sealing Program City Wide RECOMMENDATION: Niagaraflalls 1) That the unit prices submitted by the lowest tenderer Al Asphalt Maintenance 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, July 7, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Three (3) Contractors and Three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1. Al Asphalt Maintenance Burlington $ 60,771.04 2. Niagara Crack Sealing Port Colborne $ 62,960.00 3. Road Savers 2000 Ltd. Rexdale $ 73,000.00 The lowest tender was received from Al Asphalt Maintenance in the amount of $60,771.04. This contractor has previously performed similar type projects in other municipalities. We are of the opinion, that this contractor is capable of successfully undertaking this project. ueen Stree Box`1O 3 Niagara Falls ON Canada 12E 6X5 905456:75 1 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works July 20, 2009 - 2 - MW- 2009 -54 Financial Impacts of Expenditures Approved in 2009 Capital Budget Tendered Costs $60,771.04 Budgeted Amount $71,550.00 (11 -3- 31000- 040000) This project is scheduled to commence construction August 4, 2009 and all work is to carry through until September 18, 2009. Crack Sealing will be completed up to the budget amount utilizing the unit cost in the contract. Recommended by: Approved by: Respectfully submitted: 1 ttf‘ Geoff Holman, D ector of Municipal Works Ed Dujlovic, Executive Director of Community Services Ken 1odd, Chief Administrative Officer S.Toth S: \REPORTS\2009 \MW- 2009 -54 - Contract 2009 -09 - 2009 Crack Sealing.wpd CITY 'OF Idle " . CANADA N14 FALLS: The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS illegal taxi cab operations have flourished in the Niagara Region and elsewhere in Ontario, and WHEREAS despite fines and even prison terms for owners, illegal cab services continue to operate; and WHEREAS drivers of illegal cabs often have criminal records, driver's licence violations and no insurance; and WHEREAS unregulated taxi cabs pose a safety hazard to residents and tourists in Niagara; and WHEREAS the Niagara Regional Police Service estimates that over $1.5 million in income goes unreported from these operations; and WHEREAS amendments to the Highway Traffic Act have been positive but not enough of a deterrent; and WHEREAS the ideal deterrent would be one that takes away the livelihood of the illegal cab operators. THEREFORE BE IT RESOLVE I that the Minister of Transportation and Ministry staff investigate amendments to the Highway Traffic Act that will allow for the seizure of vehicles, increased fines and any other penalties that will effectively deter the illegal cab trade. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK R. T. (TED) SALCI MAYOR 7/15/2009) Dean lorfida esolution to Council �.. �.q .,.__. ,...m._ Page 1 From: To: Date: Subject: Good Day Dean, LARRY REGNIER <6770 @nrps.on.ca> "'diorfida @niagarafalls.ca "' <diorfida @niagarafalls.ca> 7/6/2009 1:03 PM esolution to Council As you are aware the Niagara Region has a serious problem with Illegal taxicabs. A Liaison Committee consisting of taxicab owners in the region and the Issuer of Licences sent a letter to the Minister of transportation requesting changes to the Highway Traffic Act allowing police to seize vehicles of offender for seven days and a seven day driver's licence suspension. The police Services Board also wrote a letter supporting this amendment. Minister Bradley wrote back and will not consider them. A local taxicab owner met with Kim Craitor who suggested the Liaison Committee prepare a "Resolution to Council" and send it to the Niagara Falls City Council. Mr. Craitor indicated that I should know how jo prepare the resolution but I do not. Could you advise me what a Resolution to Council is and how I would prepare one. Thanks Larry Larry Regnier Issuer Of Licences April 14, 2009 Dear Member of the Legislative Assembly of Ontario The Licenced Taxicab operators in the Niagara Region and the Issuer of Licences from the Regional Municipality of Niagara Police Services Board formed a Taxicab Industry Liaison Committee in September 2008. This committee has identified the operation of Illegal Taxicab Operators in Ontario and in particular the Niagara Region as an extremely serious problem. Illegal Taxicabs that we are referring to are non - licenced drivers using private vehicles for the purpose of transporting passengers for compensation. They are not to be confused with legal licenced taxicabs drivers /operators that are working outside the municipalities where they are licenced to operate. Licenced taxicabs must have a mechanical fitness inspection at least twice a year, they must carry a minimum of $2,000,000.00 liability insurance coverage, have their drivers checked for criminal and driver's licence violations, report their income to the government for income tax purposes and comply with local regulations designed to make the public safe while being transported by them. Illegal Taxicabs do not have to comply with any regulations. Some driver's have serious criminal charges, do not carry insurance to transport passengers and in some cases do not have any automobile insurance. Despite continual enforcement by the police and by -law enforcement officers throughout the province, illegal taxicabs still exist. The courts have fined the drivers and the operators but that is not enough as these illegal taxicabs continue to flourish. We are requesting your support for legislative changes to the Ontario Highway Traffic Act to allow for a Seven Day Driver's Licence Suspension and the Seven Day Administrative Impoundment of Vehicles used by defendants charged with providing transportation for compensation without a licence. Presently Section 39.1 (1) of the Highway Traffic Act states, "A driver of a motor vehicle other than a bus shall not pick up a passenger for the purpose of transporting him or her for compensation where a licence, permit, or authorization is required to do so by, a) the Public Vehicles Act; b) a municipal by -law passed under Part IV of the Municipal Act 2001; c) a regulation made under the Department of Transportation Act (Canada) or d) an airport or airport authority, except under the authority of such licence, permit or authority. Subsection (2) provided the same offence for the owner of the motor vehicle and the fine for contravening this section is not less than $300.00 and not more than $20, 000.00. Despite being fined the illegal taxicab industry continues and additional consequences need to be implemented. Without your assistance and support for a suspension and impoundment provision to Section 39.1 of the Ontario Highway Traffic Act the illegal taxicab industry will continue to flourish, not just in the Niagara Region but also throughout the province. An investigation in 2003 by the Niagara Regional Police Service estimated that income in excess of 1.5 million dollars was not reported. This is money taken directly from the legal law abiding taxicab operators. Taxes are not collected on the income from these drivers or operators. We bring this problem to your attention for the safety of Ontario residents to which we all have a responsibility to protect. Please approach the Minister of Transportation with the amendment allowing for the suspensions and seizure of motor vehicles used by illegal taxicab operators. If you or your assistants require additional information they can contact, Ray Bretzloff of Central Taxi (St. Catharines) at 905- 685 -7343 or Detective Sergeant Larry Regnier (Issuer of Licences - Niagara Regional Police Service) 905 -688 -3911 extension 5075. Respectfully The Taxicab Industry Liaison Committee of the Niagara Region. Ministry_ of Trnsporation Office of the Min[stet Ferguson t31 Flcor 77 WeilleSley S. West Toronto, Orltaria M7A 128 416 327-9200 wwv.i.mto.goy,on:ca JUN OE5 200 Mr, Ray Bretzloff General Manager, Central Taxi PO Box 21085, 25 Seapark Drive St. Catharines, Ontario L2M 7X2 Dear Mr, Bretzloff: Thank you for your e-mail regarding illegal taxis in Niagara Region. I welcome the opportunity to respond. Jim Bradley Minister Ministers des Transports threat! du ministre fce Fe etage 77. We Wellesley rues Toronio (Ontari0) M?A 118 416 327-9200 0 go v. on.ca Ontario The Ministry of Transportation (MTO) has significant concerns regarding the application of driver's licence suspensions and vehicle impoundment to offences that are not related to serious road safety offences such as impaired driving or street racing. MTO is willing to review expanding these programs only in cases where there is a clear link between the offence and road safety, The ability to seize personal property is also subject to the unreasonable search and seizure provisions of the Canadian Charter of Rights and Freedoms. MTO has been advised vehicle seizure and/or impoundment for operating an illegal taxi would likely violate these provisions in the charter. I appreciate the challenges associated with enforcement activities related to keeping unlicensed •taxis off of Ontario's roads and highways. It is for this reason that our government amended the Highway Traffic Act to provide municipalities with stronger enforcement tools to stop those operators that offer taxi services without holding the appropriate licences or permits. Thank you again for bringing your concerns to my attention and please accept my best wishes. Yours sincerely, Ministry of Ministbre des Transportation 114ansports Office of the Minister Bureau du minfstre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca JUN 0 5 2009 Mr. Larry Iggulden Chair Niagara Police Services Board 68 Church Street St. Catharines, Ontario L2R 3C6 Dear Mr. Iggulden: Jim Bradley Minister Edifice Ferguson, 3° stage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327-9200 www.mto.gov.on.ca RECEWED JUN 1,1 2009 of Thank you for your letter regarding illegal taxis in Niagara Region. I welcome the opportunity to respond. This Ministry of Transportation has significant concerns regarding the application of driver's licence suspensions and vehicle impoundment to offences that are not related to serious road safety offences such as impaired driving or street racing. MTO is willing to review expanding these programs only in cases where there is a clear link between the offence and road safety. The ability to seize personal property is also subject to the unreasonable search and seizure provisions of the Canadian Charter of Rights and Freedoms. MTO has been advised vehicle seizure and/or impoundment for operating an illegal taxi would likely violate these provisions in the charter. appreciate the challenges associated with enforcement activities related to keeping unlicensed taxis off of Ontario's roads and highways. It is for this reason that our government amended the Highway Traffic Act to provide municipalities with stronger enforcement tools to stop those operators that offer taxi services without holding the appropriate licences or permits. Thank you again for bringing your concerns to my attention and please accept my best wishes. Yours sincerely, April 16, 2009 The Honourable Jim Bradley Minister of Transportation 77 Wellesley St. W., 3` Floor Ferguson Block Toronto, ON M7A 1Z8 Dear Minister Bradley: Re: Amendment to the Ontario Highway Traffic Act REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD 68 CHURCH STREET, ST. CATHARINES, ONTARIO L2R 306 Tel: (905) 685 -0321 Fax: (905) 688 -0036 E -mail: nrpboard@nrps.com Website: www.nrps.com The purpose of this letter is to seek support of the Province in addressing a very serious public safety issue in the Regional Municipality of Niagara that results from the operation of the illegal taxi industry. Specifically, the Regional Municipality of Niagara Police Services Board (the `Board ") respectfully requests that the Ministry of Transportation consider a legislative amendment to ,the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended (the "Act ") that would provide authority for an administrative seven (7) day suspension as well as an administrative seven (7) day vehicle impoundment in circumstances where a police officer believes on reasonable and probable grounds.that a person is driving, or has driven, a motor vehicle on a highway in contravention of Section 39.1. Essentially, we are seeking an amendment to Section 39.1 that would provide the police with enforcement tools similar to those found in Section 172 of the Act, dealing with racing and stunting. in our view, such a suspension and impoundment . would assist in providing compliance with the Act and safeguarding of the public from dangers associated with use of illegal taxis. As you are aware, the issue of the unlicenced taxi industry is of great concern in Niagara. Notwithstanding hundreds of Highway Traffic Act and by -law prosecutions, as well as a number of civil injunctions and contempt proceedings, the unlicenced industry appears to be flourishing. It has long been recognized that one of the key difficulties facing the police service in addressing the problem of the unlicenced industry is a lack of enforcement tools. The proliferation of the unlicenced taxi industry in Niagara presents a significant public safety concern. Illegal taxi operators are not subject to the same background checks as licenced drivers. Similarly, unlicenced taxis may not have the appropriate automobile insurance and quite simply, may not be safe for the transportation of the public. An investigation by the Niagara Regional Police Service has estimated that income in excess of $1.5 million annually in the Niagara Region alone was not reported by these illegal operators. The Board and the Service have spent the last 10 to 15 years attempting to curtail the illegal taxi industry to ensure public safety and also to ensure a level playing field for the licenced industry. To date, the Board and Service's significant efforts do not appear to be having any impact on the unlicenced industry. As indicated above, we believe that the enforcement tools found in Section 172 of the Act would be assistive in dealing with this important issue. The Board shares the Ministry's commitment to transportation safety of the citizens of the province. We believe that the amendment being proposed by the Board will help ensure the safety of drivers and vehicles for hire in this community and elsewhere in the province. We sincerely appreciate your review of this matter and Yours sincere! Larry A. lggulden, C.A. Chair Amendments to the Ontario Highway Traffic Act I 2 April 16, 2009 c. The Honourable Rick Bartolucci Minister of Community Safety & Correctional Services Mr. Kim Craitor, M.P.P., Niagara Falls Mr. Tim Hudak, M.P.P., Niagara West - Glanbrook Mr. Peter Kormos, M.P.P., Welland Mr. Peter Hume, President, Association of Municipalities of Ontario Ms. Mary Smiley, President, Ontario,Association of Police Services Boards Chief Ian Davidson, President, Ontario Association of Chiefs of Police Regional Chair Peter Partington and Members of Regional Council Chair and Members, Niagara Police Services Board Chief of Police Wendy Southall, Niagara Regional Police Service Detective Sergeant Larry Regnier, Niagara Regional Police Service A by -law to authorize the execution of an Agreement of Purchase and Sale with Luz Santos respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. T ! E COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated June 30, 2009 and made between Luz Santos and The Corporation of the City of Niagara Falls for the property described as Part 1 on Reference Plan 59R - 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009. July 20, 2009. July 20, 2009. CITY OF NIAGARA FALLS By -law No. 2009 - BETWEEN: AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor ") 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Part of Lane Plan 997 being Part 1 on Reference Plan 59R- 13273; s/t an easement in gross over Part 1 on Reference Plan 59R -13273 in the City of Niagara Falls, Regional Municipality of Niagara (hereinafter called the "Property "), upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement"). 2. PRICE The purchase price for the Property (herein called the "Purchase Price ") shall be $70.50 in lawful money of Canada, including G.S.T. 3. CLOSING AGREEMENT OF PURCHASE AND SALE LUZ SANTOS 4077 Muir Avenue N iagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser ") 3.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions ") hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing Date ") at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 3.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this 3.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non- registerable documents and other items (the "Non- Registered Deliveries ") and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non - Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non - Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 3.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non - Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: (c) Agreement in a form satisfactory to the Vendor. has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non - Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 3.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a 4. TITLE 5. NON- FETTERING PROVISION 4.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re -entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 4.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement ( "Requisition Date ") to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 6. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 7. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 8. SURVEY plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. (e) The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 9. RISK OF VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. 10. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 11. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 12. NON - RESIDENT STATUS 13. CONDITIONS 13.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 13.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 13.3. The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 13.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility. (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use the Property unless otherwise set out herein; and that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or (e ) The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non - resident as defined in the Land Transfer Tax Act. installing such services or other equipment as the utility may require. 14. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 15. NOTICES Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3rd business day following the date of mailing. 16. TIME OF THE ESSENCE The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 17. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 18. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 19. NON - REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 20. BINDING AGREEMENT 20.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 20.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province in which the Property is located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 21. ACCEPTANCE 21.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 21.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 21.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 21.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on 5 `b , 2009. ACCEPTANCE the foregoing Agreement is accepted by Vendor on Per: Name: R.T. (Ted) Salci Title: Mayor , 2009. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Dean Iorfida Title: City Clerk I /We have authority to bind the Corporation A by -law to authorize the execution of an Agreement of Purchase and Sale with Suzanne Backs respecting the purchase of lands, being Parts 13 and 14 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated June 30, 2009 and made between Suzanne Backs and The Corporation of the City of Niagara Falls for the property described as Parts 13 and 14 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009. July 20, 2009. July 20, 2009. CITY OF NIAGARA FALLS By -law No. 2009 - BETWEEN: AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor ") 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Part of Lane Plan 997 being Parts 13 and 14 on Reference Plan 59R- 13273; s/t an easement in gross over Parts 13 and 14 on Reference Plan 59R -13273 in the City of Niagara Falls, Regional Municipality of Niagara (hereinafter called the "Property "), upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement "). 2. PRICE AGREEMENT OF PURCHASE AND SALE SUZANNE BACKS 4121 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser ") 2.1 The purchase price for the Property (herein called the "Purchase Price ") shall be $720.00 in lawful money of Canada. 2.2 The balance of the Purchase Price shall be payable to the Vendor on the following terms: (a) $360.00 payable by certified cheque or bank draft on July 3, 2010. (b) $360.00 payable by certified cheque or bank draft on July 3, 2011. 3. GOODS & SERVICES TAX The Purchase Price does not include Goods and Services Tax ( "GST ") and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions ") hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing Date ") at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non - registerable documents and other items (the "Non Registered Deliveries ") and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non - Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non - Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non - Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: (c) 5. TITLE has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non - Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement ( "Requisition Date ") to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. NON - FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or . terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without interest or deduction and the Vendor shall not be liable for any costs or damages. 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON - RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non - resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility. (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use the Property unless otherwise set out herein; and (c) 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 16. NOTICES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: The Corporation of the City of Niagara Falls Legal Services with a copy to: 17. TIME OF THE ESSENCE 18. ASSIGNMENT 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3` business day following the date of mailing. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 20. NON- REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province in which the Property is located. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS 3 a Witness Name: WHEREOF, this instrument has been duly executed by Purchaser on , 2009. SU ANNE BACKS ACCEPTANCE the foregoing Agreement is accepted by Vendor on , 2009. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk UWe have authority to bind the Corporation CITY OF NIAGARA FALLS By -flaw No. 2008 - A by -law to declare part of Lots 324, 325 and 326 on Plan 44 being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Part of Lots 324, 325 and 326 on Plan 44 being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009. July 20, 2009. July 20, 2009. A by -law to authorize the execution of an Agreement of Purchase and Sale with Daniel Stephen Hudson respecting the purchase of lands, being Part 1 on Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Daniel Stephen Hudson and The Corporation of the City of Niagara Falls for the property described as Part ion Reference Plan 59R- 13961; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009. July 20, 2009. July 20, 2009. CITY OF NIAGARA FALLS By -law No. 2009 - 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A AGREEMENT OF PURCHASE AND SALE PURCHASER, Daniel Stephen Hudson , agrees to purchase from VENDOR, The Corporation of the City of Niagara Falls , the following REAL PROPERTY: Address Part of Lots 324, 325, 326 Plan 44 Stamford; s/t ST36507 and R0431251 designated as Part 1 on 59R- 13961; in the City of Niagara Falls, Regional Municipality of Niagara(the "property "). PURCHASE PRICE: Five Thousand Eight Hundred Dollars and Zero Cents Dollars(CDN)$5,800.00 DEPOSIT: Purchaser submits Five Hundred Eighty Dollars (CDN$ 580.00 (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of The Corporation of the City of Niagara Falls Council. SCHEDULE(S) A attached hereto forms(s) part of this Agreement. 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Vendor until 4:30 p.m. on the 22nd day of July , 2009 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed as soon as possible after the date of acceptance herein. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905) (re, deuoe,y of notices to Vendor, FAX NO. ( 905) 371 -2892 (For delivery of ne„ee, 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed, as soon as possible after the date of acceptance herein (Requisition Date), to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use 1 ) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind, that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; © any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 19. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, .shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23: AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this /day of :: , 2009 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: Witness( Witness! DATE Ju u G lb/0q (Purchaser( (Purchaser! I, the Undersigned Vendor, agree to the above Offer. THE CORPORATION OF THE CITY .OF NIAGARA FALLS (v -naa,l R.T. (Ted) Salci, Mayor (�eaaer( Dean Iorfida, City Clerk (Seal) DATE DATED AT Niagara Falls this day of 2008 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: DATE (Seal) DATE (Seal) CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS !Purchaser !P (905 ) Tel day of , 2009 DATE DATE rvenaen R.T. (Ted) Salci, Mayor DATE DATE (905 ) FAX No. rveeao, Dean Iorfida, Clerk Address for Service: Address for Service:The Corporation of the City of Niagara Falls P.O. Box 1023, Niagara Falls, ON L2E 6X5 Tel. No (9050 J Q MMM SLO AK, Q. Tel. No. (905)356 -7521 Vier. and Solicitor Vendor's Lawyer 5W/ Maki Sir 't PO ( 1 Purchaser's Lawyer Kenneth L. Beaman (NiodliStreelEsdnoca) e7+ Address t2G 5Z3 Address 4310 queen Street, P.O. Box 1023 Niagara Falls, ON Niagara Falls, ON L2E 6X5 (905)356 -7521 Tel. No. {Signature) FAX No. (905) 371 -2892 SCHEDULE "A" 0 S { O rb �! r o.6 Z r 1 ) I CCC 101 I I Z Fc 101 t I b I Q a I 1.c 101 a' I a �'r �.0 I J AI 0CC 101 6ZC. 101 <- I � SZ6 101 11 y, 1 }N1C59OU 'ON'1SN1 b — — — tIiWvO -Zfl 'NI `. 1 \'`,`,s LZ: 101 6� �\ r ' wces 0.4 SZ`:�' I z L - • EZ O ✓_ fl,jb .ZZ r 101 .-,- 9 ; i LZ� 101 - - - -*O I ON 101 (n I 0 > N 6 The Mayor and Clerk are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009 July 20, 2009 July 20, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca June 19, 2009 His Worship Ted Salci Mayor The City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci: Edifice Ferguson, 3e etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327 -9200 www.mto.gov.on.ca SCHEDULE " PIM M RIM MIN Ontario RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program (this "Letter of Agreement ") This Letter of Agreement is in response to the application received from the Municipality for funding under the Ontario Bus Replacement Program (the "OBRP "). The Ministry has now completed its review of the application and wishes, subject to the terms and conditions set out below, to provide the Municipality with funding for the replacement of ageing transit buses in support of strong communities, increased public transportation reliability, reduction of municipal operating costs, and investment in the renewal of transportation systems. Funding from the Ministry to the Municipality under the OBRP (the "OBRP funding ") will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the OBRP 2009 Guidelines and Requirements (the "Guidelines and Requirements "), including compliance with the Province's Canadian Content for Transit Vehicle Procurement Policy. In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the Guidelines and Requirements, which the Municipality has reviewed and understands and which are hereby incorporated by reference, and other good and valuable consideration (the receipt of which is hereby acknowledged), the Ministry and the Municipality covenant and agree as follows: 2 1. In accordance with and subject to the terms and conditions set out in this Letter of Agreement and the Guidelines and Requirements, the Ministry agrees to provide OBRP funding to the Municipality up to, unless the Ministry otherwise agrees upon in writing, a maximum amount of $499,500.00. 2. The OBRP funding to be provided under section 1 is subject to the Municipality having provided the Ministry with the required number of copies of this Letter of Agreement signed by the Municipality, certified copies of the authorizing municipal by-law(s) and a binding agreement between the Municipality or a transit operator, as applicable, and a manufacturer of transit buses for the purchase of such transit buses to be delivered in 2009 and, where applicable, a binding operating agreement between the Municipality and a transit operator. 3. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the sole discretion of the Ministry, to adjustment for consistency with the agreements described in Section 2, and any other adjustments as set out in the Guidelines and Requirements, including those related to annual appropriations of funds by the Legislative Assembly of Ontario. 4. Unless terminated earlier in accordance with the terms and conditions set out in this Letter of Agreement or extended at the Ministry's option and with the consent of the Municipality, the term of this Letter of Agreement shall commence on the effective date, which shall be the last date it is signed by one of the representatives from the Municipality, and shall expire on March 31, 2010. 5. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may: a) cancel all further OBRP funding payments; and b) determine the Municipality's reasonable costs to terminate any binding agreement between the Municipality and a transit operator or a manufacturer of transit buses acquired under the OBRP, and permit the Municipality to offset these costs against the OBRP funds remaining in the possession or under the control of the Municipality. 6. If the Ministry fails to receive the necessary appropriation from the Legislature for the OBRP, the Ministry, in addition to any adjustments it may make under section 3, may terminate this Letter of Agreement immediately by giving notice to the Municipality. In such instance, the Ministry shall have the same rights as those set out in paragraphs 5 a and b. 7. This Letter of Agreement constitutes the entire Agreement between the Ministry and the Municipality with respect to the subject matter contained in this Letter of Agreement, and supersedes all prior oral or written representations and agreements. 8. Any changes to this Letter of Agreement shall be by written amendment signed by the Ministry and the Municipality. 9. Any provisions, which, by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration, including the Municipality's indemnification obligations. 10. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed and dated copies to: Ministry of Transportation Division Services and Program Management Office 27 Floor, Suite # 2702 777 Bay Street Toronto, Ontario M7A 2J8 Once the Ministry has received the signed and dated copies of this Letter of Agreement and related certified copies of the'authorizing municipal by-law(s), and agreements set out in Section 2, the Ministry may, in accordance with the OBRP, make arrangements for the payment of OBRP funding to the Municipality. Yours sincerely, 3 Jim Bradley Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying that the Municipality has consented to be bound by these terms. Per: Date: Head of Council Per: Date: Clerk or Authorized Delegate CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to authorize the execution of a Best Efforts Agreement with Andrezj Kepinski, on behalf of a corporation to be incorporated, respecting the City's efforts to determine whether or not certain City owned lands upon which are located the City's transit operations, are surplus to the requirements of the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Best Efforts Agreement made between Andrezj Kepinski, on behalf of a corporation to be incorporated and without personal liability, as Purchaser and The Corporation of the City of Niagara Falls as City, respecting the City's best efforts in determining whether or not certain City owned lands upon which are located the City's transit operations, are surplus to the requirements of the City, and subsequent to such determination, may be conveyed to the Purchaser for the purpose of the construction and operation of a theatre complex, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Best Efforts Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Best Efforts Agreement. Passed this twentieth day of July, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 20, 2009 July 20, 2009 July 20, 2009 A by -law to authorize the payment of $21,781,713.01 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 11, 2009 to July 2, 2009. Passed this twentieth day of July 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR. First Reading: Second Reading: Third Reading: July 20, 2009 July 20, 2009 July 20, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - Passed this twentieth day of July, 2009. First Reading: Second Reading: Third Reading: July 20, 2009 July 20, 2009 July 20, 2009 CITY OF NIAGARA FALLS By-law No. 2009 - 114 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20t day of July, 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 20 day of July, 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