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2009/08/31COUNCIL MEETING Monday, August 31, 2009 Order of Business and Agenda Package COUNCIL MEETING August 31, 2009 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of August 10` 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. 10 Men in a Tent Niagara Falls Thundercats Softball Team Celebration 2012 DEPUTATIONS /PRESENTATIONS Organizers and participants from 10 Men in a Tent will provide Council with an update on the successful fundraiser and be recognized. Prince of Wales Winning Jockey Corey Fraser the winning jockey of the recent Prince of Wales stakes will be recognized by Council. Mr. Fraser grew up in Niagara Falls. The Niagara Falls Thundercats Softball team will be recognized for their recent Provincial Championship. Representatives from the Bi- Centennial task force committee, Gord West and Don Jackson, will apprise Council of the upcoming Celebration 2012 event. Background Material: Recommendation Report: PD- 2009 -62 -AND- -2- PLANNING MATTERS Public Meeting AM- 2009 -015, Zoning By -law Amendment Application Dunn Street (North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes (Tara) Ltd. (Tara Colaneri) Proposed 5 to 6 Storey, 56 Unit Apartment Building Background Material: Recommendation Report: PD- 2009 -65 -AND - Correspondence from Don & Denise Mackinnon and Ben & Joan Schweitzer Public Meeting AM- 2009 -013, Zoning By -law Amendment Application 6006 Thorold Stone Road Applicant: Angelo Marino Agent: Michael D. Allen Architect Inc. Proposed Used Car Lot MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Rocco Vacca, Sullivan Mahoney - requesting a waiver in application fees for AM- 2008 -015, Zoning By -law Amendment Application, Dunn Street ( North Side) - Opposite Ailanthus Avenue, Applicant: Pinewood Homes (Tara) Ltd. (Tara Colaneri) E -mail from Director of Planning & Development RECOMMENDATION: For the consideration of Council. -AND- -AND- -AND - Memo from the City Clerk - 3 - 2.a Jane Pepino, Aird & Berlis - requesting Council consider a planning report prepared by Urban Strategies Inc. re: Zoning By -law Amendment Application AM- 2009-08 - Hospitality Resorts Inc. And requesting to speak to the matter. Correspondence from Ed Lustig, Broderick & Partners RECOMMENDATION: That Council receive and file the correspondence. 2.b Jane Pepino, Aird & Berlis - outlining her client, Crosslink Bridge Corp., continued interest in the Transit lands. RECOMMENDATION: Refer to staff. 3. No Coia - requesting that Council reconsider its' decision regardi ng parking restrictions on Forest Glen Drive. Memo from the City Clerk RECOMMENDATION: That Council receive and file the correspondence. 4.a Niagara Health System - response to Council's request for a Public Information session. RECOMMENDATION: For the information of Council. 4.b Town of Fort Erie - resolution supporting the call for a moratorium on major health care restructuring decisions by the Ontario Medical Association. RECOMMENDATION: For the consideration of Council. 4.c Town of Fort Erie - resolution requesting that the Ministry of Health and Long -term Care continue to fund nurses to manage EMS patients in a transitory unit until a sustainable program is in place. RECOMMENDATION: For the consideration of Council. 5.a Canadian Society for Training and Development - Request that September 21 -25` 2009 be proclaimed as Learn @ Work Week in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council CORPORATE SERVICES MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer - 4 - b. Pediatric Oncology Group of Ontario - Request that the month of September be proclaimed as "Childhood Cancer Awareness Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council c. M & M Meat Shops - Request that September 17, 2009 be proclaimed as " National Family Dinner Night ", donations will be made to the Crohn's and Colitis Foundation of Canada. RECOMMENDATION: For the Approval of Council d. The Canadian Kennel Club - Request that September 19 - 26, 2009 be proclaimed as Responsible Dog Ownership Week. (RDOG Week). RECOMMENDATION: For the Approval of Council REPORTS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the property matter. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS L-2009-34 - Niagara Peninsula Energy Inc. Proposed Purchase from the City Montgomery Street L- 2009 -36 - McLeod Road Cost Sharing Agreement CD- 2009 -11 - Renaming of Highway 420, Part 2 - 5 - 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. BDD- 2009 -04 - People Mover Update F- 2009 -43 - Tax Receivables Monthly Report (July) F- 2009 -44 - Municipal Accounts MW- 2009 -59 - Mewburn Road Bridge Temporary Closure Status Report and Next Steps MW- 2009 -60 - Calaguiro Estates Subdivision Phase 2 Sidewalk Elimination MW- 2009 -62 - Lundy's Lane Historical Museum Quantity Surveyor Services Consultant Selection MW- 2009 -63 - Ontario Power Generation Lands - Oakwood Drive - TemporaryAccess and Construction Licence Agreement Oakwood Place Shopping Centres Inc. MW- 2009 -64 - Fernwood Subdivision, CN Rail Watermain Pipe Crossing Agreement Lundy's Lane ( Mile 26.41 Stamford Subdivision) PD- 2009 -64 - SWC- 2009 -003, That's Amore Pizzeria, Sidewalk Cafe Licence Agreement with the City, 4572 Queen Street. TS- 2009 -37 - Bridge Street Revisions to Bus Stops and Taxi Stands BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -135 A by -law to permanently close part of a highway 2009 -136 A by -law to authorize the execution of an Agreement of Purchase and Sale with Niagara Peninsula Energy Inc. respecting the purchase of lands, being Montgomery Street; in the City of Niagara Falls, in the Regional Municipality of Niagara. 6 2009 -137 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Kanagasangary Tharmasangary and Suresh Balendra c.o.b. as Thats Amore Pizzeria and Historic Niagara Development Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Thats Amore Pizzeria located at 4572 Queen Street. 2009 -138 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stopping Prohibited) 2009 -139 A by -law to amend By -law No. 79 -200 to permit the construction of a 56 storey hotel, including a convention centre and a parking structure, to permit a portion of the required parking to be provided off site and to repeal By -law Nos. 2007 -01 and 2007 -02. 2009 -140 A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp., the Regional Municipality of Niagara and the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange. 2009 -141 A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Ontario Power Generation Inc. and the City of Niagara Falls, respecting the temporary access and construction licence agreement for Ontario Power Generation Inc. lands on Oakwood Drive. 2009 -142 A by -law to amend By -law No. 79 -200 to permit the construction of a 5 to 6 storey, 56 unit apartment building with reduced landscaping and parking. (AM- 2009 -015) ( HANDOUT) 2009 -143 A by -law to authorize the payment of $33592,369.43 for General Purposes. 2009 -144 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31S day of August, 2009. NEW BUSINESS (8124/2009) Teresa Fabbro - 10 Men in a Tent From: Dean Iorfida To: Cathy Crabbe CC: development @projectshare.ca; Teresa Fabbro Date: 8/24/2009 9:59 AM Subject: 10 Men in a Tent Cathy: On Friday when I was at the Tent, Ted indicated that he'd like the participants from 10 men in a Tent to be at Council on the 31st. I've copied Jeff G. to ensure the participants are aware. I assume the purpose is to give a wrap up report on the success of the event. Not sure what else the Mayor had in mind. Thanks Dean Page 1 Community Services Department Parks, Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 Corey Fraser now lives in Bolton, Ontario. NiagaraJalls DATE: August 31, 2009 RE: Awards at Council - Monday, August 31, 2009 Corey Fraser, Jockey, Winner of Prince of Wales Stakes It was in 1999, that Corey Fraser's life changed. He decided to become a jockey. Corey Fraser lived in Niagara Falls from the age of 10 with his mother Susan Fraser and he attended Simcoe Street School and Westlane Secondary School. At Westlane, Fraser played rugby and later worked as a greeter at Red Lobster in Niagara Falls. In 1999, he made a decision that was to change his life. He knew he wanted to be an athlete, but knew his choices were limited due to his size. He was down to one sport. Horse racing. He had never ridden a horse and did not know how tough the sport is and how jockeys wear little more than skill for protection and can be catapulted off horses at 60 km/hr. After training and much determination and dedication, Fraser was approached by a successful Woodbine trainer and has never looked back. Fraser won his first career race on November 9, 2003 in Toronto. He rode quarter horses at Picov (now Ajax Downs) before progressing to Thoroughbred race - riding. To mention a few of his successes: he has captured three stakes races, and posted 140 top -three finishes at the Toronto oval and 183 top -three finishes at Woodbine. Fraser has captured the Sovereign Awards as Canada's Top Apprentice and in 1994, collected 66 wins at Woodbine and $2 35 million in purse earnings. This year, Jockey Corey Fraser won the 74' running Prince of Wales Stakes in Fort Erie. It was Fraser's first Canadian Triple Crown win. Riding a horse named Gallant, Fraser rode to an upset, photo - finish win. After the race, officials needed to sort out which horse won. The camera showed Gallant, at 15 -1 odds, had nosed out filly Milwaukee Appeal in the 1- 3/16 mile dirt course run, for a total purse of $500,000. The Prince of Wales Stakes is the second jewel of Canada's Triple Crown of thoroughbred racing. Cathy, Please prepare a plaque to honour Corey Fraser at the August 31 Council meeting. Thank you. cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey C:\Documents and Settingsltn2061Local Settings\Temp\XPgrpwise\2009 - Aug 31 - Corey Fraser - Jockey, Winner of Prince of Wales Stakes -l.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By-Law Services Community Services Department Parks, Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 cf NiagaraJGalIs DATE:. August 31, 2009 RE: Awards at Council - Monday, August 31, 2009 Niagara Falls Thundercats Squirt Softball Team - Provincial Champions On Sunday, August 16, a group of 10 and 11 year old girls have become the first team from the Niagara Girls Minor Softball to win a provincial championship. The championship games were played in Brampton, Ontario. The team qualified for the provincial championships, by placing second in the qualifiers held in Niagara Falls in July. In Brampton, the team won every game they played to take home the gold medal. They beat Stratford and Vaughan and then Mississauga Southwest in the semifinals before beating out the Oak Ridges Diamonds 8 -5 in the final. After the regulation innings, the score was tied at 5 -5, then Niagara Falls scored three more runs at the top of the first extra innings to shut out Oak Ridges in the bottom of the eighth inning. Congratulations to the Provincial Champions - the Niagara Falls Thundercats Squirt Softball Team. The Team Roster is below: Charli Scott Katelyn Guenther Charley Keracker Logan Blake Linea Wellman Amie Seguin Sydney Taylor Julia Fazio Jenna Midgley Schea Lynn Lacombe Quinn Devoe Chelsea Spiers Coaches: Aimie Taylor, Tammy Blake and Bernie Scott cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey C: \Documents and Settings \tn206\Local Settings\ Temp \XPgrpwise \NF Thundercats Squirt Softball Team - Prov Champs - Aug 31, 2009.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services (8/24/ 2009) Teresa Fabbro - Re: Celebration 2012 From: Dean Iorfida To: Bob Bolibruck CC: Cathy Crabbe; Kathy Powell; Teresa Fabbro Date: 6/11/2009 10:16 AM Subject: Re: Celebration 2012 Shouldn't be a problem. »> Bob Bolibruck 6/11/2009 10:14 AM >» Dean Can we tentatively schedule a deputation before Council on August 31st in which the Bicentennial Task Force Committee can inform and promote the 2nd Celebration 2012 event which will be held at the Legends on Sunday, September 27th from 4:00 p.m. to 9:00 p.m. There may also be a fundraising update at this time on the Lundy's Lane Museum expansion. Thanks Bob Page 1] August 31, 2009 PD- 2009 -65 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niaga CANADA Re: PD- 2009 -65 AM- 2009 -015, Zoning By -law Amendment Application Dunn Street (North Side) - Opposite Ailanthus Avenue Applicant: Pinewood Homes (Tara) Ltd, (Tara Colaneri) Proposed 5 to 6 Storey, 56 Unit Apartment Building That Council approve the Zoning By -law amendment application to change the zoning to a site specific Residential Apartment 5C Density (R5C) zone to permit an apartment building having 5 storeys at the front stepping to 6 storeys in the rear, containing a maximum of 56 dwelling units as detailed in this report. The amendment is requested for a 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 stepped form apartment building that is 5 storeys in height toward the street with 6 storeys at the rear and containing 56 dwelling units. Schedule 2 provides details of the proposed site plan. Schedule 3 shows the elevations of the proposed apartment. A previous application (File AM- 2009 -009) for a 6 storey apartment containing 58 units on the property was not supported by staff and denied by Council on July 20, 2009 (see attached Recommendation Report PD- 2009 -52). Council encouraged the applicant to revise the proposed apartment development. The subject land is currently zoned Institutional (1) through Zoning By -law No. 79 -200. This existing zoning does not permit apartments 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 o 6 ` with site specific development standards to reduce the 0 Queen Street, PO, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning & Development August 31, 2009 - 2 - PD- 2009 -65 minimum landscaped open space requirement from 40% to 35% of the lot area, reduce the minimum number of parking spaces provided from 1.4 spaces per unit (78 parking spaces) to 1.25 spaces per unit (70 spaces) and to reduce the minimum driveway aisle width from 6.3 metres (20.7 feet) to 6.1 metres (20 feet). Surrounding Land Uses The subject land is within an area where there is a mix of buildings ranging from 1 to 4 storeys in height. 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 generally detached dwellings on land that has been prezoned R4 in anticipation of redevelopment for townhouses or low -rise apartments (3 storeys). Single- detached dwellings exist to the south on Ailanthus Avenue and to the north, east and west along Dixon Street, Level Avenue and Orchard Avenue. The Fallsview Tourist area is located further to the east and a minor commercial district is 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 & Fire Services 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. Staff note increasing traffic volumes in the area, the potential signalization of the Dunn /Ailanthus intersection and a preference for 1 driveway to the site. The applicant has submitted a traffic safety audit report for the proposed 2 driveway design which is staff found not to be viable as adjacent driveways were not factored. Regional Niagara Development Services No objection from a Provincial or Regional Planning perspective. The location is well suited for apartment development. The applicant submitted a requested Phase 1 Environmental Site Assessment related to a previous structure /use on the property. The report does not recommend any further environmental review and is satisfactory to the Region. August 31, 2009 - 3 - PD- 2009 -65 Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended with minor modifications to the requested amendment. The review of the amendment is summarized as follows: 1. The proposal is consistent with Provincial planning policies. The Provincial Policy Statement and Provincial Growth Plan promote intensification, a mix of housing and the efficient use of land and infrastructure. Municipalities are to identify the appropriate type and scale of development. The proposed zoning would accommodate an intensified form of development and will add to the a mix of housing types in the area. The building design has been modified to better fit the area. 2. The proposal complies with Official Plan policies. The City's Official Plan designates the subject land and surrounding properties Residential. The policies of the Plan support a variety of compatible housing forms and densities. Infill developments such as the proposal contribute to the City's supply of housing and are an efficient use of existing municipal services. The Official Plan permits apartment buildings of 4 to 6 storeys in height up to a maximum density of 100 units /hectare (40.5 units /acre). This form of development is to be located at the periphery of residential neighbourhoods with convenient access to arterial roads /public transit and generally in proximity to minor commercial districts, major institutional uses and parks /open space. The new application has been reduced by 2 units (total 56) to provide a density of 99 units /hectare (40 units /acre) after road widening. This density now complies with the density allowed in the Official Plan and is similar to the density of 95 units /hectare (38 units /acre) for the apartment building across the street (5840 Dunn Street). The subject land generally satisfies the location criteria of the Official Plan for apartments being on an arterial road with bus service. Infill development is to be designed and integrated to achieve compatibility and - sensitivity in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The applicant has revised the plan to address issues of compatibility identified in the earlier proposal. The revised building design provides a height reduction to 5 storeys for the front portion at the street with the balance of the apartment proposed at 6 storeys. This stepped -back form is an architectural technique utilized to improve compatibility and visually reduce the building scale from the street. The 4 storey apartment across the street was originally supported at 5 storeys but reduced by the Ontario Municipal Board through a negotiated settlement among the applicant, residents and the City. The home to the north is 3 storeys in height with a pitched roof. Cavendish Manor abutting to the east is 2 storeys with a pitched roof. The proposed placement of the apartment in the centre of the property provides separation from the abutting uses and the public street. The landscaped open space shown on the concept plan is concentrated in the front yard and previous parking space in this location has been removed to improve the compatibility of the project. August 31, 2009 - 4 - PD- 2009 -65 3. The requested Zoning By -law amendment for residential use is appropriate with minor modifications to the site specific provisions. The existing Institutional (I) zone on the land permits a hospital, nursing home and retirement home among other uses to a maximum building height of 10 metres /32.8 feet (3 storeys). The requested R5C zone allows a maximum height of 19 metres /62.3 feet (6 storeys). The change to the development on the property is acceptable with the stepped form with a maximum of 5 storeys (approximately 15.5 metres /51 feet) for the front portion of the building which is an increase of 5. 5 metres (18.0 feet) greater than the current zoning. The building steps -up to 6 storeys (19 metres). The submitted plan indicates a front yard depth to the main wall of the apartment (excluding balconies) of almost 15 metres (49.2 feet) compared to the minimum zoning standard of 7.5 metres (24.6 feet) from the property line. It is recommended the extra setback be included in the zoning approval to ensure the building's position on the lot from the streetline. The balance of the R5C zone requirements for setback will apply. The applicant has requested reductions to the landscaping requirements of the R5C zone as well as the parking space /dwelling unit ratio and driveway aisle widths for the development. The R5C zone requires a minimum landscaped area of 40% whereas the submitted plan provides landscaping for 35% of the lot area. The open space area has been increased over the previous plan. Landscaping has been concentrated between the front of the building and the street and previous parking shown in this area has been removed. The perimeter landscaping has been increased by reducing the driveway aisle width. The requested reduction of internal driveway aisles from 6.3 metres (20.7 feet) in width to 6.1 metres (20.7 feet) is minor and can accommodate the manouevring requirements of typically smaller sized vehicles of today. The City's zoning standard requires 1.4 parking spaces for each dwelling unit in multiple residential developments - resulting in 78 spaces for the 56 units. The applicant proposes a ratio of 1.25 spaces /unit which results in 8 fewer spaces (70 parking spaces) on the site. The applicant believes the proximity of the property to the employment centre in the tourist core will allow tenants to walk to work. Some parking was removed to help increase the landscaped area. 4. Future application for Site Plan Approval will be required. The Site Plan Control process will determine specific design details including driveway and parking layout, landscaping, perimeter privacy fencing, lighting, service construction and grading /drainage requirements. In accordance with Official Plan policies for amenity and design, staff recommend that larger /mature trees be provided on the site and along the City boulevard to enhance the compatibility of the development with the area given the building height. 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. August 31, 2009 The Traffic and Parking Division has reviewed the safety audit prepared for the double driveway on Dunn Street and believes the driveway arrangement is not viable. Further work is required on the study. The position and number of driveway(s) is an operational matter which will be addressed as part of the site plan approval process once the study is revised. CONCLUSION: The requested site specific R5C zone for the revised apartment building can be supported for the following reasons: the density of the apartment building complies with the Official Plan; the site is on an arterial road where apartment buildings are contemplated; the stepped building form will create an appearance of a building more in keeping with the heights on properties in the area; the R5C zoning will contain special provisions to address the stepped form, increased front yard set back, landscape area and parking ratio; and the property will be subject to site plan approval which will address landscaping, fencing, servicing, driveways, parking and refuse area. Recommended by: Approved by: Respectfully submitted: - 5 - PD- 2009 -65 kAz LQ Alex Herlovit Director of Planning & Development Ed Dujlovic, Ken Todd, Chief Administrative Officer utive Director of Community Services R.Wilson:mb Attach. S:1PDR\20091PD- 2009 -65, AM- 2009 -015, Dunn Street (North Side), Pinewood Homes (Tara) Ltd.wpd Subject 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 -015 August 2009 raWM[ffiglkaMiniEr Er PT Alva. l'Irp• M ND Sa .. n _mod �4 mr 011 WPM' PINEWOOD HOMES (TARA) LT DUNN STREET CONDOMINIUM A3.0 ELEVATIONS o_ July 20, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara CANADA 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 for a 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 • "<ess located across the street. Further east and west along Dunn Street are gen tached dwellings on land that has been prezoned R4 43:10`Queen Street P0' Box4023 Niaaara Fa $ Working Together to Serve Our Community PD- 2009 -52 The recommendation(s) contained in this report were adopted by City Council 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 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). Planning Review 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 mufti- 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: Al hi ,V2- j ovitc , a irector of Planning & Development utive Director of Community Services II, Alex H Ed Dujlovic, en Todd, Chief Administrative Officer R.Wilson:mb Attach. 8:1PDR520091PD- 2009 -52, AM- 2009 -009, Dunn Street (North Side), Pinewood Homes (Tara) Ltd.wpd Subje s 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 AVE NVhE SCHEDULE 2 114 1 nerd itainEnThirroll F3® •, hig h n i � : L._! 5fl . s :iau.i w Ill ]1 ! - ...L - . � ,mo .� n�,��E�� : ` Pi Y fhb hid 1' C mill E v i l R N s i lllil 6 - ,,. illiilll,. mail k 41 IIIIIIIII, Mill erl Ire eoei Ma II 'I� Irl ; ere nwlul, mwn I lliflllll VII IIIIIIII err I i, JUN I'I' I Ire err Mill 1 1001 .... 1IIIIIIIII e �.ui l mi d llBlii uei 1 1Mni 1111010 1 1111111111 111 Ha juin 5011 kinvil IIIIII IIIIIII ca tt III o�j III 1114 i .. lll (l®I n Imenlmimmenmu limu i I I '.1 ii i ss SN. i llll!l, , , el l I roll on, Ire1'. IMI el; —I le1e, NE ere,l m,ml maul 3 I lll nii 11 1 11111111111111111i 1 earl;: 6694 Ailanthus Avenue Ni; I era Falls, Ontario L%G4C7 August 16, 2009 Dear Mayor Councillors and the Director of Planning and Deve|oponmant We are sending this letter in opposition to the application to change the zoning by law city file WAM-2009-015 Pinewood llamas. We are not oppposed to an apartment building being buift on this property, is the size and density The only change we Can see from the previous application is the removal of two apartments. Does this really make a big difference in this kind of With the previous application we had a petition of opposition with 65 signatures. we all stilt stand inopposition Ay Itws are made to proteot the city and its good planning strategy When bylaw changes are requested |!isuumntws0m�dp|anning. [Hhnr�i/n�nau�kaotU|sapp��a No don't rnake aay sense. Wby woutd yoti put an P5 building on an P4 property? 11 isnot a matter cV trying to accomodate an existing building to their plans 4 is an empty let Build a R4 building to a R4 property VV moreoo|muxeKyuuaremweomofUienvenwhelrningo.xouoi000db'o.aPartn`w"tu yemnyo not tonnmnUon single (mrni|ydwellings. |nasho�space cfa block and aha�ww»hov 8 uen,i buildings, 5apa�roont buildings 1 condo and not tnn*�nN*n the ymQhsb dwellings. All this makes for u high traffic volurne in (be area 10 begin with Then add anthus Avenue haing a short cut from McIeod Rd. 10 Dunn 81,, as welt being tia rnairl fair for vaFi parking r (he hotais and en a really busy day the casino bues use Dunn Street to transport its ernployees 10 theft Montrose Rd. elte, We haven' evan mentioned the (ratho from the college. Now wiUi (he two driveways wtth this new application ight at he corne af Ailanthus it is only divastenous. With this high volume uf traffic it/s alrnost irnpossible 10 turn right never nhind alt off Ailanthus on(o Dunn. A traffic tight ss needed now, U green space 50 bes minimum nf4O%of the et area why wouki you be altowed lo lirop it to 35% again 00 a buitding [hat is being bib on an any !ot?Ne are also assuming with reduced open space requirement they will be painting the cement eaeloue coding) like the last application PYn feel this isoninsult to ones inleJigence, As well it zoning bylaws require 1.4 parking spaces per unit. why would you reduce it to 1258a well /f the minimum driveway ainkewiVtU|o6.Joo8tw'owhatisVhoommUio/mme/it t*61 The planning dwpa�men\ekeudy e|xthe rnioimun`shnuNba^tQ IDeen�s that every inch '� this peiceo( land is being used 1oacoon�aduken`o/napa�nren\sfor more income - We realize Mal zoning by-laws are only used as guidelines and can be subject to thange, but we feel when you are trying to put such a large density building into a small area it is not good planning. That is why we have written this letter in opposition. We hope you an can lake e really hard look at this application and see the bad building plane. An R5 should not be squeezed into an R4. What is wrong with building and R4 on a zoned R4 property? We hope we can count an your vote to decline this application. We thank you for your attention to this matter. Don Mackinnon Denise Mackinnon Ben Schweitzer Joan Schweitzer RECEIVED Mk 17 PLANNtNG & CIEVF-LoeMENr August 31, 2009 PD- 2009 -62 NiagarafaIIs His Worship Mayor Ted Sala CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -62 AM- 2009 -013, Zoning By -law Amendment Application 6006 Thorold Stone Road Applicant: Angelo Marino Agent: Michael D. Allen Architect Inc. Proposed Used Car Lot RECOMMENDATION: That Council approve the Zoning By -law amendment application to change the zoning to a Light Industrial (LI) zone which permits a used car lot on the subject land. BACKGROUND: Angelo Marino (547554 Ontario Ltd.) has requested a Zoning By -law amendment for a 0.16 hectare (0.4 acre) parcel of land known as 6006 Thorold Stone Road, as shown on Schedule 1. The applicant proposes to establish a used car lot on the site. The land is currently zoned General Industrial (GI) which does not permit a used car lot. The applicant is requesting the land be rezoned to Light Industrial (LI) which would permit the land to be used for a used car lot. Site specific provisions are requested to be added to the proposed LI zone to recognize the lot frontage and area of the property and the interior side yard setback of the existing building on the property, to reduce the required road widening from the centre line of Thorold Stone Road to the setback required by the Official Plan (13.1 metres or 43 feet) and to reduce the landscaping required in the front yard from 67% of the required front yard to a 1.5 metre (4.9 feet) wide strip along the front lot line. Surrounding Land Uses The property is located on the edge of an industrial area, near lands designated for commercial and industrial purposes. An industrial mall lies to the south. The Autoline Toyota dealership lies to the west. A number of smaller properties used for commercial properties lie immediately to the north. These lands, along with lands further to the northwest and west including Thorold Stone Mall, fall under the Major Commercial designation. The Falls Gen �jiotors dealership and some smaller properties used for automotive commercial Ice uses lie to the east. ueen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning & Development August 31, 2009 - 2 - PD- 2009 -62 Circulation Comments • Regional Municipality of Niagara • Parks, Recreation & Culture - A landscape plan will be required through the site plan process should the property be subject to site plan control. Plantings should provide landscape enhancement along the Thorold Stone Road streetscape. • Municipal Works, Transportation Services, Fire Services, Legal Services No objections. • Building Services - A change in use Building Permit to convert the existing building to a used car sales office is required. Planning Analysis 1. The proposed amendment complies with the Official Plan. The land is designated Industrial in the Official Plan and is intended to be used for a variety of industrial, manufacturing and warehouse type uses. Zoning By -law amendments can be considered to address changing market conditions and new development trends. The Official Plan also directs that a gradation of industrial zones be established, with zones permitting lighter industrial uses located near residential and other sensitive non - industrial uses to buffer these uses from heavier industrial uses. The proposal complies with the Official Plan as follows: • No objections. The proposed use will be complementary to existing uses in the neighbourhood. A 3 metre road widening across the frontage of the property will be required should the property be subject to site plan control in the future. This industrial area is in transition from heavier types of industry to light industry and certain types of commercial uses. In the last 10 years, Council has rezoned 5900 Thorold Stone Road, to the east of the land, and 6030 and 6046 Thorold Stone Road, to the west of the land, to site specific LI to allow the current General Motors and Toyota dealerships. Several years ago TRG opened an insurance office at the northwest corner of Thorold Stone Road and Stanley Avenue, east of the subject land. Additionally, a portion of the Treibacher and Zavitz sites on the north side of Thorold Stone Road was rezoned from GI and Heavy Industry (HI) to LI in 2005. This transition is reflective of overall market trends to light industry and complementary uses. August 31, 2009 -3 - PD- 2009 -62 There is more growth in light or prestige type industrial than in heavier types of industries. Rezoning the lands to LI reflects the current market trends. The proposed used car lot does not create any land use conflicts nor will it impact the vitality of industrial lands located to the south of the property. 2. The requested Zoning By -law amendment is appropriate subject to the provision of adequate road widenings and landscaping. The requested LI zone permits a range of light industrial uses and certain automotive commercial uses. Given its location on a significant commercial corridor at the fringe of an industrial area, it is appropriate to rezone the land to a category that permits light industry and limited commercial uses. • • The uses permitted in the proposed LI zone provide for a better transition from the heavier industrial uses to the south to the commercial uses in the Major Commercial area to the north and west of the site. The uses permitted in the proposed LI zone will be more compatible with nearby Major Commercial uses than uses permitted under the current GI zoning. The following site specific provisions are requested: • A reduction in required lot frontage, from 30 metres (98 feet) tol 9.5 metres (64 feet), and a reduction in required lot area, from 2000 square metres (0.49 acre) to 1619 square metres (0.4 acre). There are no concerns with these reductions as they recognize the current lot size and configuration. • A reduction in the side yard setback, from 3.5 metres (11.5 feet) to 2.0 metres (6.6 feet). There is no concern with this reduction as it recognizes the siting of the existing building. The requested reduction in the road widening protection, from 16.76 metres (55 feet) from the original centre line of Thorold Stone Road to 13.1 metres (43 feet), recognizes the current road allowance required by the Region and the City's Official Plan. A reduction in required landscaped open space in the front yard, from 67% of the required front yard to a 1.5 metre (4.9 foot) wide landscaped open space strip along the front lot line (about 13% of the required front yard), is also requested. Although this is a significant reduction, the proposed landscaping strip is consistent with the strip provided by Autoline Toyota to the west. The proposed landscaping will be an improvement over current site conditions. 3. The proposed development will be compatible with adjacent developments. Much of the industrially designated land fronting onto Thorold Stone Road and Stanley Avenue in this district has taken on a commercial character with automotive commercial uses and offices being developed along frontage lands. A used car lot in this district will complement these other uses and will fit into the adjacent major commercial node located to the west and north of the site. August 31, 2009 CONCLUSION: - 4 - PD- 2009 -62 The requested amendment to permit a used car lot on the land can be supported for the following reasons: • It complies with the intent of the Official Plan with respect to developing complementary uses in industrially designated lands. • Zoning the site LI provides for a gradation of lighter industrial uses toward the fringe of an industrial district. • Requested site specific provisions will recognize the configuration of the site and siting of the existing building will provide for a landscaping strip along the front lot line to ensure an attractive streetscape. • A used car lot would be a compatible use with commercial and service uses already developed along Thorold Stone Road. Recommended by: Approved by: Respectfully submitted: A.Bryce:mb Attach. tea 04)2 S:1PDR120091PD- 2009 -62, AM- 2009 - 013,6006 Thorold Stone Rd,Marino.wpd Alex Herlovitch, Director of Planning & Development Ed Dujlovic, — ecu roe Director of Community Services Ken Todd, Chief Administrative Officer Subject Land r Copyright2009 - City of Niagara Falls Location: 6006 Thorold Stone Road Applicant: Angelo Marino LOCATION MAP Amending the Zoning By law No. 79 -200 Schedule 1 AM- 2009 -013. July 2009 Thorold Stone Road REGIONAL ROAD He. 57 Schedule 2 August 13, 2009 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 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sirs/Madams: Re: Our client: Pinewood Homes (Tara) Ltd. (Tara Colaneri) Dunn Street (North Side) — Opposite Ailanthus Avenue Zoning By -law Amendment Application City File: AM- 2009 -015 Please Reply to Niagara Falls Office We act as solicitors for Pinewood Homes (Tara) Ltd. The purpose of this letter is to formally request that the Application fees payable to the City of Niagara Falls in respect of the above referenced Application be waived in this matter. As Council is aware, a prior Application (City File: AM- 2009 -009) was considered by Council at a Public Meeting held on July 20, 2009. Although Council refused the proposal, Council did encourage our client to revise the proposed apartment development for the land and bring the matter back before Council. However, Council's invitation that the proposal be revised and brought back before Council coupled with Council's denial of the Application, results in the need for a new Application, given that a request for reconsideration would be inappropriate as a result of changes to the original proposal. Accordingly, it is respectfully submitted that Council's request that the Applicant revise the proposal did not contemplate the necessity of a new Application and further Application fees. However, a new Application is required in the circumstances which is substantially similar to the 40 Queen Street, P. O. Box 1360, St. Catharines, Ontario 121 6Z2 Telephone: 905688 -6655, Facsimile: 905 -688 -5814 4781 Portage Road, Niagara Falls, Ontario L2E 6B1 Telephone: 905- 357 -0500, Facsimile: 905- 357 -0501 www.sullivan- mahoney. V.F. Muratori, Q.C. P.B. Bedard T.A. Richardson P.M. Sheehan W.B. McKaig J.M. Gotel R.B. Culliton J.R. Bush P.A. Maloney B.A. Macdonald S.J. Pram C. D'Angelo R Vacca T. Wall KA. Book LKPassmas C. Wilde J.P. Maloney - S.E.Wells M.D. Atherton Of Counsel (Commercial Law): M.D. Kriluck J. Dana' M.). Bonomi B.J. Troup D.A. Goslin G.W. McCann M.F. Adams 2 prior Application and which prior Application has already been reviewed by City Staff. Our client is respectfully requesting that Council waive the City's Application fees, which is meant to cover the cost to administer and process the Application, given the circumstances in this case. We thank you in advance for your consideration of this request. Yours truly, SULLIVAN MAIIONEY LLP Per: , Racca caeca " Rocco Vacca RV:jb c.c. Alex Herlovitch Ed Duljlovic Ken Todd Emilio Raimondo Pinewood Homes (Tara) Ltd. (8 /20 /2009LDean lorfi a - AM- 2009 -65 - Request for Waiver of Fees `" ° "�� Pap From: Alex Herlovitch To: Dean Iorfida Date: 8/20/2009 2:36 PM Subject: AM- 2009 -65 - Request for Waiver of Fees CC: Rocky Vacca Mayor and Members of Council Rocky Vacca on behalf of his client, Pinewood Homes (Tara) Limited has requested the City waive the normal Zoning By -law Amendment application processing fee ($1,400.00) for this file (see the letter included in tonight's agenda). The fee is intended to cover City costs for public notification /mailing, divisional time for staff to prepare comments on the application and planning staff time in preparation of the report and amending by -law. Mr. Vacca chose to submit a new application, therefore, a full circulation to divisions and agencies was conducted, notice was mailed to all property owners within 120 m and a sign provided to be posted on the site. A planner was Involved In (re)writing the report and senior staff In reviewing and refining the report. The waiver of the fee is at Council's discretion. Council should consider the letter submitted by Mr. Vacca and his position that the fee be waived. The applicant has submitted Regional review fee of $500.00 which has been forwarded to the Region. Alex Herlovitch Director Planning & Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 139 905 - 356 -7521, ex 4231 VIA EMAIL: diorfida @niagarafalls.ca Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Should Council proceed to finally approve the application without considering the Report, my client will pursue the issue in an appeal to the Ontario Municipal Board. The Report would be considered by the Board to be "new information ", pursuant to subsection 34(24.3) of the Planning Act, and consequently, the Board would be empowered to direct that the matter be remitted back to Council for reconsideration, thereby delaying the final resolution of the application. To avoid this additional delay, I ask that Council seek the additional analysis from Staff on the issues raised by the Report, and give the Report due consideration before a final decision on the Application is made. As a result, I ask that I be added as a delegation to Council on August 31, 2009, to speak to this matter and to answer any questions Council may have regarding the Report. Thank you for your consideration of this delegation request. Yours very truly, AIRD & BERLIS . NJP /JEJ /len /sh Attachment AIRD & BERETS LLP Barristers and Solicitors N. Jane Pepino, C.M., Q.C., LL.D. Direct: 416.866.7727 E-mail: joeolnn eairdberlis,com Zoning By -law Amendment Application City File AM- 2009 -08 — Hospitality Resorts Inc. As you are aware, we act for Canadian Niagara Hotels. Today we submitted a letter to the Mayor and Members of Council attaching a land use Planning Report . prepared by Urban Strategies Inc., dated August 18, (the "Report") with respect to the above -noted Zoning By -law Amendment. For your reference, a copy of that letter and Report are attached hereto. It is my client's position that had the Report been available to Council at its June 29, 2009 meeting, Council may have made a different decision on the Zoning By -law Amendment application submitted by Hospitality Resorts Inc. I will accordingly be asking Council to consider the Report, refer it to Staff for their consideration and further reporting, and revisit its position prior to making any final determination in regard to the Hospitality Resorts Inc. application. N. Jane Pepino, C.M., Q.C., LL.D. File: 86716 August 24, 2009 Brookfield Place, 181 Bay Street, Sulte 1800, Box 754 • Toronto, ON • M51 2T9 . Canada T 416.863.1500 F 416.863.1515 www.airdberlis.com VIA EMAIL: diorfida @niagarafalis.ca Mayor Salci and Members of Council City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Attention: Dean lorfida, City Clerk Dear Mayor Salci and Members of Council: A1RD & BERLUS t x.r Barristers and Solicitors N. Jane Pepino, C.M., Q.C., LL.D. Direct: 416.865.7727 E -mail: ipeoinotaairdberfs.rur0 Zoning By -law Amendment Application City File AM- 2009 -08 — Hospitality Resorts Inc. File: 86716 August 24, 2009 As you are aware, we act for Canadian Niagara Hotels and appeared before Council at its meeting held on June 29, 2009 in regard to the above -noted matter. We have had the opportunity to further consider the Zoning By -law Amendment application submitted by Hospitality Resorts Inc. in respect of the off -site parking issues raised at the June 20, 2009 meeting of Council. Canadian Niagara Hotels has retained the services of Urban Strategies Inc. to review the City's planning and policy documents in regard to the use of off -site parking for hotel developments. Urban Strategies Inc. has undertaken that review and has prepared a Planning Report, dated August 18, 2009, attached for your review and consideration. Please do not hesitate to contact me if you have any questions in regard to the enclosed report. 5666291.1 Yours very truly, AIRD & BERLIS LLP NJP /JEJ /Ien /sh Attachment cc. Ken Todd, Chief Administrative Officer Ken Beaman, City Solicitor Alex Herlovitch, Director of Planning and Development N. Jane Pepino, C.M., Q.C., LL.D. Brookfield Place, 181 Bay Street, Suite 1800, Box 754. Toronto, ON • M51 2T9 • Canada T 416,863.1500 F 416.863.1515 www.airdberiis,com URBAN . STRATEGIES INC . August 18,2009 197 Spading Avenue, Suite 600 tat 416 340 9004 Toronto, ON Canada M5i 206 fax 416 340 8400 wwwurbanstrate s.mm admen @urbmnnute8ieacom Ms. Jane Pepino Aird and Berlis Barristers and Solicitors Brookfield Place, 181 Bay Street Suite 1800, Box 754 Toronto, ON M5J 2T9 Dear Ms. Pepino, Re: AM- 2009 -008 Zoning By -law Amendment Application Appropriateness of offsite parking for private uses on hydro corridor lands I am pleased to submit this letter of opinion regarding the appropriateness of off-site parking for private uses on the hydro corridor west of Allendale Avenue between Peer Street and Main Street in Niagara Falls, Ontario. On June 29 2009, City Council received a report recommending approval of Zoning By -law Amendment Application AM- 20090 -008 for the Fallsview Hilton hotel: 1. to remove the provision that the hotel include a convention centre; 2, to reduce the amount of required parking to be provided on the same site as the hotel from 85% to 30 %; and 3. to allow Ontario Hydro lands to be used to supply 55% of the required parking spaces for the hotel on a permanent basis. The implication of the proposed Zoning By -law Amendment is that between 263 and 560 parking spaces would be permanently permitted on hydro corridor lands (Parcels 3 and 4 in Appendix A), when the approved by -law permits only some spaces to be temporarily located on Parcel 3. The hotel is currently leasing these lands from Hydro One on a short-term basis. The hydro corridor, from north of Highway 420 to McLeod Road, serves as a green buffer between downtown's 'Tourist Commercial' district and the adjacent 'Residential' neighbourhoods, as designated In the Official Plan Land Use Map (Appendix B). It also has the potential to become an open space /active transportation corridor as part of the city -wide open space network. This letter of opinion responds to three issues associated with the proposed Zoning By -law amendment: Issue #1: Is the amount of off -site parking being proposed appropriate? Issue #2: Are the hydra lands an appropriate place to accommodate private parking? Issue #3: Is it appropriate to rezone the hydro lands to permit parking uses if the long -term availability of those lands cannot be guaranteed? 5' / S URBAN . STRATEGIES INC ■ Background 107 Spading) Avenue. Surtc 600 Toronto, ON Canada MET 290 ANM.urbanstrateries.com tol 416 340 9004 fax 416 340 8400 admIo@urbartshategkes.com In 2004, City Council approved Official Plan and Zoning By -law Amendment Application AM- 35/2003 to permit an expansion to the Hilton Hotel complex, including a 58- storey hotel tower and a convention centre. The hotel tower is now open. A portion of the required parking was proposed to be located off - site on Parcel 2 and "on a temporary basis only" Parcel 3. The City's accompanying Planning Analysis noted that the proposal to utilize off -site parking on Parcel 3 Is of concern" due to a potential threat to the residential lands to the west in terms of "noise, dust and lighting impacts" as well as the potential for tourism uses to encroach on the adjacent neighbourhoods. The Planning Analysis also notes that a forthcoming "Corridor Plan" (later named the Municipal Submission Package for the Provincial Secondary Land Use Program) was to be submitted to Hydro One as part of the Secondary Plan Land Use Program "to allow the use of the corridor as a transitional area and a stable boundary to the Tourist Commercial Lands ". In anticipation of the Municipal Submission Package, staff advised the applicant that "It can only support a further temporary use by -law and that parking will ultimately have to be removed from the Allendale lot (Parcel 3) and provided on- site." (PD-2004-56, p. 8-9) Regional Planning Services Committee report to Regional Council November 10, 2004 (DPD 131 -2004) (as amended) raises a number of issues related to off -site parking provision for the hotel. The report notes that allowing off -site parking is contrary to the standard provision of the Official Plan, Zoning By- law, and People Mover Parking Strategy, which all recommend parking facilities be provided on -site. The report notes that "the use of the hydro corridor for parking on a permanent basis would compromise its function as a buffer for the residential area." The City has developed plans to use the hydro corridor for recreational purposes, including pedestrian and bicycle trails. Increase traffic from valet trips could "pose a hazard to bicyclists." The report states that City Council has approved "a phased approach to eliminate the off-site parking on the hydro corridor" and recommends that "off-site parking should not be permitted." (DPD 131 -2004 p.15 -16). The Official Plan Amendment approved in March 2005 (Part 2, Policy 4.6.11(b)(iii)) requires "construction of the on -site parking garage to accommodate parking stackers in the event of closure of the Allendale parking lot" (Parcel 3) at the discretion of the City of Niagara Falls ". The Municipal Submission Package for the Provincial Secondary Land Use Program, was adopted by Council In 2005. It identifies the subject lands to be utilized for the Downtown Trail and as a buffer or transitional area between the tourist commercial uses to the east and residential uses to the west. The width for the Downtown Trail is 3m, and the buffer width is up to half the corridor. The document also notes that "an application for municipal waiver In favour of a long term lease (632.1 -1049) was not supported by Planning Staff because of long term vision of the buffer area and frail ". (Municipal Submission Package City of Niagara Falls, Attachment to PD- 2005 -19) Further to the application, a letter was submitted to the City on June 9, 2004 by the proponent's lawyer, Stephen Diamond of McCarthy Tetrault, regarding parking supply. The letter states "300 temporary spaces" would be provided on Parcel 3. The letter also notes that the proponent "would be prepared upon receiving 6 months notice from the City to give up the 300 temporary parking spaces and replace them with parking stackers if the City required the entire Allendale lot (Parcel 3) for landscape /buffer purposes at any point in the future ". 2 URBAN STRATEGIES INC . 197 Shadine Avenue. Suite 600 tel 41.6 340 9004 Toronto, ON Canada NWT 208 fax 416 340 8400 +kvm.urbanstmlegies.mm admin®urbansirategies.com In 2006, City Council approved a second Zoning By -law amendment Application for the hotel (PD -2006- 92) for changes in the building height, gross floor area, massing, and architectural detailing to the hotel. These changes resulted in a reduction in the total parking spaces required to 910 spaces, allocated in a similar manner to the 2004 Amendment. in June 2009, the most recent Zoning By -law Amendment application (PD- 2009 -49) was submitted for Council approval. This new application proposes that the "temporary" permission to provide parking on Parcel 3 be replaced by a permanent by -law that will provide zoning permission for "Parking" uses on both Parcels 3 and 4 (almost double the amount of hydro corridor land). The new application would permit between 263 and 560 parking spaces to be provided in the hydro corridor lands on a "permanent basis ". Issue #1: Is the amount of off-site parking being proposed appropriate? Parking is a significant consideration in the tourist core of Niagara Falls. The built form is compact and high density, and the area has high short-term parking demands for tourism related uses. Some off-site parking is generally considered to be acceptable as it provides flexibility for hotels, casinos, and other commercial uses However, policy dictates that most /all parking should be provided on -site. In particular: - The Zoning By -Law 79 -200 requires that owners of buildings used for hotels provide and maintain a parking area which shall be located on the same lot occupied by the building (Section 419.1). — The Official Plan discourages the provision of required parking off -site because of traffic congestion issues (PD-2009-49, p.4), and discourages parking from being provided at grade because It detracts from the pedestrian environment (Official Plan Part 2, Policy 4.5.3(a)(b)). — The City of Niagara Falls Tourism Policy Review Implementation Handbook (2004) states that "all required parking for new development should be provided on site ", and new development should concentrate parking in structured lots or underground." (p.51) The issue of off-site parking for this development has been significant throughout the development approval process, and has yet to be resolved on a long-term basis. The Planning Analysis for the 2004 application notes that "using the hydro corridor may pose a threat to the residential lands to the west in terms of litter, noise, dust and lighting impacts, as well as the potential for tourism uses to begin establishing in the residential areas " It also states that Planning Staff "can only support a further temporary use by -law and that parking will ultimately have to be removed from the Allendale lot and provided on- site." (PD- 2004 -56, p. 8 -9) The site - specific Official Plan Amendment approved in March 2005 reflects this concern. Not only does it allow the off-site parking on a temporary basis only, It also requires "the construction of an on -site parking garage to accommodate parking stackers in the event of the closure of the Allendale parking lot (Parcel 3) at the discretion of the City of Niagara Falls" (Part 2, Policy 4.6.11(b)). It was not the intention of City Staff or Council to allow significant amounts of parking to be permitted off-site on a permanent basis. Furthermore, if 70% of parking for the hotel is provided off -site, the hotel will effectively transfer the obligation to handle its own parking onto other parts of the city. In particular, the adjacent residential communities will have to deal with increased traffic circulation, Increased noise and air pollution, loss of greenspace, as well as the visual effects of a very large commercial parking area. 3 URBAN STRATEGIES i97 no.O Avenue. Suite 600 toi 416 340 8 4 04 Toronto. ON Gna es.com ca tor ale 340 a400 wwMIrbffimsatedes.mm edminz o.benatmtegjex.com INC . While a small amount off -site parking Is acceptable to provide flexibility for short-term parking, It is not acceptable In such significant amounts that it transfers the majority of the parking requirement to other locations and results in negative implications for adjacent communities. Issue #2: Are the hydro lands an appropriate place to accommodate private parking? Parcels 3 and 4 are located on hydro corridor lands. The hydro corridor, from north of Highway 420 to McLeod Road, clearly delineates downtown's Tourist Commercial area from the adjacent residential neighbourhoods and serves as a green buffer between them (Appendix B). There are a number of Issues associated with allowing parking uses in the hydro corridor, including: I. ft will create undue impacts on adjacent communities. The application states that a 6 metre wide landscaped strip along the western edge of the parking lot with fencing adjacent to residential lots "will satisfy the intent of the Official Plan with respect to buffering non - tourist commercial uses from the adverse impacts of tourist uses" (PD- 2009 -49, p.7). It does not state that these measures satisfy the intent of the Official Plan with respect to buffering residential uses from tourist uses A number of concerns exist in relation to the impacts on adjacent residential communities of utilizing the hydro corridor lands for parking uses. Impacts on residential lands to the west will include increased traffic circulation, increased air pollution from car fumes, car noise late at night, dust and lighting impacts, the visual effects of a large parking area, as well as the loss of a significant buffer between the tourist area and residential community. The City of Niagara Falls Tourism Policy Review Implementation Handbook contains Development Review Requirements, including the requirement that "the Architectural Peer Review Panel and the City should carefully evaluate requests for off -site parking. There is a fear of encroachment of parking on surrounding neighbourhoods." An Architectural Peer Review was undertaken for the 2006 application, but it does not appear that a review has been undertaken for the current Zoning By -law Amendment application. This may be a procedural issue The Official Plan repeatedly states that residential areas will be protected from the negative impacts of tourism uses. The purpose of the Official Plan is to "guide the City's growth and development in an orderly and efficient manner. In this regard, residential areas will be protected from any adverse effects of growth" (Part 1, Section 1 - Purpose of the Plan). One of the Objectives of Tourist Commercial Areas In the Official Is "to ensure that tourism development does not adversely affect the quality of life enjoyed In residential neighbourhoods" (Part 2, Section 4). The Amenity and Design Strategy section states that "the City shall encourage the utilization of adequate buffering, screening and other landscaping measures to ensure separation between potentially incompatible uses" (Part 3, Section 5.3.4). The proposed parking use in the hydro corridor will effectively remove the buffering, screening and landscaping measures separating the two major land use areas. A 6 metre wide landscaped strip and interspersed fencing does not constitute adequate buffering, screening or landscaping between two incompatible land use districts. II. Previous Council decis ions identity the hydro corridor lands as an open space buffer between land use districts and as an acLve recreation corridor as part of the city -wide open .space network. Permitting parking on these lands will lead to the loss of this important open space link and will destabilize the existing buffer between tourism and residential uses. An aerial photograph (Appendix 0) shows that most of the hydro corridor lands, with the notable exception of Parcel 3, are natural 4 URBAN STRATEGIES INC . 197 Spodma Avenue. Suite 600 tai 416 340 9004 Toronto. ON Canada MST 208 fax 416 340 8400 .ww.urbanetralegies.com admin@lurhanwatelees.com open spaces. The hydro corridor is also one of very few open space links in the city. It connects with CW Palmer Memorial Park to the north, the John N Allen Park to the east, and links to at least three other natural corridors. Regional Planning Services Committee report to Regional Council November 10, 2004 (DPD 131- 2004) states that the hydro corridor separates the Tourist District from the residential area to the west, and that "the use of the hydro corridor for parking on a permanent basis would compromise its function as a buffer for the residential area." The report also notes that "the City has developed plan to use the hydro corridor for recreational purposes including pedestrian and bicycle trails which would form part of the Millennium Trail. The traffic increase from valet trips would cause a hazard for cyclists on the trails. The Parkland Strategy section of the Official Plan states that "where appropriate, parks will be linked with other open space systems such as watercourse areas, woodlots, hydro corridors and storm water management areas" (Part 3, Policy 2.4.1). The Drummondville Community Improvement Plan recommends the hydro corridor be reprogrammed as "an open space buffer and trail corridor... to create more active and attractive open space linkage in the City." it also states that the area should be strengthened by "improving the quality and accessibility of its parks and open space network," and that the open space network should include hydro corridor trails (Section 7.2.5). The Tourism Policy Review Implementation Handbook contains a section about the Stable Urban Boundary Principle. It notes that the Hydro Corridor " should be reconfirmed as an urban separator between the tourist area and residential lands to the west in order to create a stable boundary". It states that public uses should have priority over private uses in the hydro corridor, and recommends that the City prepare a submission to the Provincial Secondary Land Use Project (PSLUP) for the hydro corridor that would allow its use as a transitional area and stable boundary to the Tourist Commercial area. As part of the City's submission to the PSLUP, adopted by City Council in 2005, the hydro corridor Is identified as an "inter - reglonal long -term, linear public secondary use." (Appendix D) (PD- 2005 -19). This submission was provided to the Province with respect to the long -term usage of the Provincially owned hydro corridor. The PSLUP submission identifies the subject lands for "the Downtown Trail" and "a buffer or transitional area" between the tourist commercial uses to the east and residential uses to the west. It also notes that "an application for municipal waiver In favour of a long term lease was not supported by Planning Staff because of long term vision of the buffer area and trail ". (Municipal Submission Package City of Niagara Falls, Attachment to PD- 2005 -19). It does not identify these lands for private uses. It has never been the intention of Council to allow private uses on these lands. The opportunity to utilize the hydro corridor lands to connect the City -wide open space system should not be Ignored for the advancement of private interests. III. Allowing parking in the hydro corridor lands will set a precedent for the rest of the hydro corridor. Zoning the hydro corridor lands for parking uses will destabilize the entire corridor. As shown in the aerial photograph in Appendix C, the hydro corridor Is almost entirely an open space. In particular, between North Street and Murray Street, it currently serves as a clearly delineated landscaped buffer between the residential land uses to the east and the tourism related uses to the west. Parcels 3 and 4 constitute over one third of this segment of the hydro corridor. 5 URBAN STRATEGIES INC . 197 Spadina Avenue, Sues 600 td 418 340 9004 tomato, ON Canada ASST 208 fee 418 340 8900 www.urbenstratngiea.cc n edmin@urhanstrategfea.com The 2009 application itself supports the position that allowing parking in the hydro corridor lands will set a precedent for the rest of the corridor. "Previously, the position was that parking lots should be limited to the eastern half of the hydro corridor. However, past approvals have continued to breach this, most recently for the Niagara Civic and Convention Centre." (PD- 2009 -49, p.6) This is a factual error since the lands now owned by the Region, to be used for Convention Centre parking, have not been owned by Hydro One since 1976. If Parcels 3 and 4 are dedicated to parking uses, this precedent will be solidified. It will open up the rest of the hydro corridor to future rezoning applications. Should the corridor be transformed into parking uses, there would be virtually no distinction between the downtown tourist core and the adjacent residential neighbourhoods. This could lead to further encroachment of tourism uses and their related impacts into the neighbourhood. Issue #3: Is it appropriate to rezone the hydro lands to perm@ parking uses If the long -term availability of those lands cannot be guaranteed? Temporary zoning approval has been granted for 35% of required parking for the hotel to be provided on Parcel 3 until January 2010. The proponent is applying to have Parcels 3 and 4 permanently zoned for "Parking" uses However, rezoning the hydro corridor lands to permit parking uses does not in itself secure the lands for parking uses in the long term. The application notes that "There is no guarantee that the lease (with Hydro One) will be extended beyond 2020" (PD- 2009 -49). There are a number of other reasons the lease can be terminated at any time. The lease agreement between Hydro One and the Hilton stipulates that the license can be terminated any time by either party upon six months notice. In addition, the lease can be terminated if the hotel does not pay the license fee, if it falls to carry out any of the stipulations of the indenture, or if it assigns, transfers, subleases, or disposes of any part of the land (Ontario Hydro Networks Company Inc. License, Niagara Falls 632.1 -742). It is necessary to secure long -term, stable parking arrangements; otherwise the City -wide parking requirements are undermined and the City -wide parking and transportation strategy Is destabilized. The Zoning By -law states that parking is required to be provided on the same site as the proposed development (Zoning By -law 79 -200 Section 4.19.1). However, a portion of the required parking is in some cases permitted off -site. If any parking is permitted off -site, it should be secured through outright ownership of the land so it can be provided permanently. Where ownership is not possible, a long -term lease should be In effect with clear terms stipulating that parking be provided on a continual basis, with conditions and penalties for non - compliance. The agreement should also clearly secure the lease for a long -term (between 25 and 40 years, which is the approximate life expectancy of a building) and require negotiations for lease extensions to begin two years prior to the expiration of the lease. Hydro lands cannot be secured unconditionally under a long -term lease. Other priorities take precedence on hydro lands, including existing and future transmission and distribution needs, technical, operational and safety requirements, and public uses The Hilton hotel is now the biggest building in Niagara Falls and it is proposed that its parking provision only be secured on a temporary basis with no protection or security for the City should the lease on the lands terminate for any reason. It is not appropriate for Parcels 3 and 4 to be rezoned to permit parking uses if a long -term (25 -40 year) agreement cannot be reached. To do so would undermine and destabilize the City -wide parking strategy. 6 URBAN . STRATEGIES INC . Conclusions Sincerely, j Pino DiMascio, MCIP, RPP Partner, Urban Strategies Inc. 197 Spading Avenue, Suite 600 101410 340 9004 Toronto, ON Canada M6T 206 fat 416 340 6400 www.urbanatfategieacom adInin@urbansemteiies.com The amount of off-site parking far exceeds acceptable levels and transfers the majority of the parking requirement to other locations in the city. It results in undue negative impacts on adjacent communities, including increased traffic circulation, increased air pollution from car fumes, car noise late at night, dust and lighting impacts, visual effects, as well as the loss of a significant buffer between the tourist area and residential community. It will also lead to the loss of an important future open space corridor and will destabilize the existing buffer between tourism and residential uses. It will set a precedent, opening up the entire corridor for future rezoning applications, and could lead to the total removal of the landscaped buffer between the downtown tourist core and the adjacent residential neighbourhoods. Finally, hydro lands cannot be secured unconditionally under a long -term lease as other priorities take precedence (transmission and distribution needs, technical, operational and safety requirements, and public uses). It is not appropriate that the biggest building in Niagara Falls be allowed to provide its required parking on what is effectively a temporary basis. To do so would undermine and destabilize the City -wide parking strategy. The application requests the removal of the provision that the hotel include a convention centre. If Council agrees that the convention centre is not required, the existing on -site surface parking lot could be converted to a structured parking lot that could absorb the off-site spaces and free up the hydro corridor lands for open space. The 2004 application approved by Council notes that parking would ultimately have to be removed from the hydro corridor and provided on -site using parking stackers. The PSLUP (also approved by Council) notes that the City does not support a long -term parking lease on these lands because of the long -term vision of the buffer area and trail on these lands. These lands are public assets, valuable to the City, and should not be given over to private interests. These conclusions are supported by City policy as demonstrated in this report, including the Official Plan, the Zoning By -law, the PSLUP, the Tourism Policy Review Implementation Handbook, and the Drummondville Community Improvement Plan. It is also supported by previous Council decisions. In summary, the proposal to utilize hydro corridor lands for "permanent" private parking uses is against the best interest of the City and against the best interest of the public. Please feel free to contact me should you wish to discuss this letter of opinion. Michelle Taggart Planner, Urban Strategies Inc. 7 URBAN STRATEGIES INC $ubjed Land 197 SOadlna Avenue. Suite 808 tel 418 340 0004 Toronto, ON Denude MST 2C8 fax 416 340 8400 k vw.urbanstrategies.mm admin@utbannalm(egies,cmn APPENDIX A LOCATION OF SUBJECT PARCELS entar Ir i siii. r Mir # # 1111 IS SS ii1U1111l1 ganitcrav I 1111111 1 LI 11 Amending the Zesty Bylaw No. 70.200 Location: 6361 FailsvieW Boulevard, Land on the Southwest corner of Stanley Avenue and Murray Street and Land North and South of Robinson Street, West of Allendale Avenue Applicant: Hospitality Resorts Enc. AM -2009 -00b May 2008 8 URBAN STRATEGIES INC . 197 Spadina Avenue. State 600 Taranto. ON Canada MST 2C8 www.urbanstrateaes.DOm APPENDIX B CITY OF NIAGARA FALLS OFFICIAL PLAN SCHEDULE A: LAND USE MAP • • • • r . Approximate location of subject lands • IN 415 340 9004 fat 416 340 8400 admir(Purbanstrategies.cam Ntagar SCHEDULE A to the OFFICIAL PLAN FUTURE LAND USE u nnNta*t PROTEOSONARFA t4� F%IMCnVEINOVSrRi/L CD c000euesoLunacurruse INDUSTRIAL ▪ N51O0.031414192CPAL NINOR CDNMEROAL IOWA A 60 PrrNr (UNARM C30 OPEN SNCE PARKWAY Rtu]OEIISAL C� RIDDENAN. RErotr W6eaERCIK RURN./ADRICUITURN. THEE PARK MARWELAND toucan COMMERCIAL 9PDIAL POLIO AREA —• NIAGARA BcR1NnJ'.BOUNDARY —,. URBAN AREADOUNDARY D A,1 O 4B OPA 410 aA 42 OPA4 a» DPA•a 0041 CPA • CPA 47 CPA 41a 00 0144 II 9 URBAN STRATEGIES INC . 187 Spa nna Avenue. Suite 600 let 418.340 9004 Toronto. ON Cenada MST 206 fax 446 340 8400 aww.urbanstrotegiea,mm admia@uhenstratagics.cam APPENDIX C AERIAL PHOTOGRAPH OF PARCELS 3 AND 4 •' • Approximate location of subject lands Source: Bing Maps 10 URBAN STRATEGIES INC ■ 197 Spools Avenue, Suite 600 Toronto, ON Canada 4ST 2ca ovutturb8nstrategiee.mn to • • Approximate location of subject lands tel 418 340 9004 fax 418 340 8400 eanrntJurbanatmtotes.com APPENDIX D PROVINCIAL SECONDARY LAND USE PROJECT —HYDRO CORRIDORS IDENTIFIED FOR POTENTIAL FUTURE USES BY CITY STAFF Source: City of Niagara Falls, PD- 2005 -19 11 Corporate Services Department Clerk's Division Inter - Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Niagaraflalls DATE: August 31, 2009 RE: Aird & Berlis Request re: Zoning By -law Amendment Application AM- 2009 -08 - Hospitality Resorts Inc. After the approval of the zoning by -law amendment application for AM- 2009 -08, Hospitality Resorts Inc. (The Hilton), Aird & Berlis gave indication to the undersigned that they would be requesting to speak to the eventual zoning by -law when it appeared on the Council agenda. Anyone can make a request to speak to an item on the Council agenda, however, very rarely have there been deputations regarding zoning by -laws. Usually the issues have been vetted at the statutory public meeting under the Planning Act. When there has been a request to speak to a zoning by -law it has usually been the applicant questioning staff s interpretation of a condition related to the by- law. The correspondence received from Aird & Berlis interestingly does not address the possible by -law. It can be characterized as a planning argument. It is an argument that should have been raised during the statutory public meeting on June 29, 2009, not at the by -law approval stage It should also be noted that the statutory public meeting was closed on June 29th. Ms. Pepino makes the point that her client will be pursuing a declaration under section 34(24.3) of the Planning Act to have the Ontario Municipal Board (OMB) remit the matter back to Council due to "new information ". Her argument appears to be that it would be more expeditious for Council to reconsider the matter on its' own accord than wait for such a direction from the OMB. She is presuming that the OMB would accept her argument of "new information" under the pertinent section of the Planning Act. There is no guarantee such an argument will be successful. Mr. Lustig, the solicitor for the applicant, will likely respond, as well. RECOMMENDATION: That Council receive and file the correspondence. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development 4625 ONTAaW AVE. P.O. BOX 867 NIAGARA PALLS, ON CANADA L2E 6V6 TEL (905) 3512621 PAX (905) 356.6004 broderIckpartnera.com 11 BRODERICK a, car. Lan Soeletf Certlaed cmi nnaemet Specialist W.A. AMMO LB. HOPRINS O.A. IMAM LBL GILBERT! Meet la Italian&Freoee R.B. BURNS E.P. LUSTIS M. DIOIROLAMO Z. BASRIN fluent la Bosnian. Croatian 4 Serbian D. P. MARINELLl use . 1997) August 25, 2009 Mayor Saki and Members of Council City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 BARRISTERS AND SOUCITORS Broderick& Partners LAP Effective legal service inNiagara since 1951. Attention: Dean lorfida, City Clerk Dear Mayor Salci and Members of Council Re: Zoning By -law Amendment Application City File AM- 2009 -08 - Hospitality Resorts Inc. This is in response to the correspondence that you received yesterday from Aird & Berlis respecting the Hilton re- zoning. I feel strongly that what is being attempted by their correspondence is inappropriate, highly prejudicial to my client and potentially dangerous for the City. The statutory public meeting to consider the Hilton re- zoning, for which proper notice was given, was concluded on June 29 after which Council made its decision. Following the passing of the by -law to implement its decision appeal rights exist to the Municipal Board if a party who participated in the statutory public meeting wishes to pursue the same according to the Planning Act and the rules of the Municipal Board. At the statutory public meeting that was concluded on June 29' and to which the public, including my client, was given notice, Canadian Niagara Hotels chose not to put forward any planning evidence or opinion in response to the City's Planning Report recommending the re- zoning application, although it had every right and opportunity to do so. At the statutory public meeting the argument and information that was presented on behalf of Canadian Niagara Hotels was a narrow legal argument -2- that the licence that my client has for the off -site parking was not valid by its terms and therefore the re- zoning ought to be turned down. Having failed to get the Council to agree with this (and knowing that the Municipal Board on an appeal might not accept its argument respecting the status of the licence since it is factually incorrect and based on a competitive motivation rather than any planning opinion) Canadian Niagara Hotels has now hired a planner, after the fact, to present the planning opinion that it did not present (but presumably wished it had) at the statutory public meeting by sending it directly to the Members of Council (but not to me or my client) after the Council has concluded the statutory public meeting almost two months ago. Once a statutory public meeting under the Planning Act has been concluded and no further statutory public meeting on the matter has been scheduled on proper notice to the parties, no one is supposed to present more evidence to Council and Council is not supposed to receive further evidence for the purpose of making another decision since the meeting is concluded as a matter of fact and it would be prejudicial to any other party to do so. This is clearly an attempt to "back fill" over the fact that this recently obtained planning opinion was not presented at the statutory public meeting when it could have been instead of now sending it directly to members of Council outside of a statutory public meeting after the statutory public meeting has been concluded. If you read the relevant sections of the Planning Act (ss. 24 -24.6 of s.34), the Municipal Board has the jurisdiction to notify the Council that it is being given an opportunity to reconsider its decision on the basis of authentically new information ONLY WHEN THAT INFORMATION HAS FIRST BEEN PRESENTED AT THE HEARING OF AN APPEAL (WHICH HAS NOT YET OCCURRED IN THIS MATTER) AND THEN ONLY IF THE BOARD DECIDES THAT THE INFORMATION COULD HAVE MATERIALLY AFFECTED THE COUNCIL'S DECISION. IN SUCH SITUATIONS, EVEN IF THE BOARD FINDS THAT THE NEW INFORMATION COULD HAVE HAD A MATERIAL IMPACT ON THE COUNCIL'S PRIOR DECISION, IT WILL NOT ACCEPT SUCH INFORMATION INTO EVIDENCE UNTIL IT HAS GIVEN THE COUNCIL THE OPPORTUNITY TO DETERMINE WHETHER IT WISHES TO RECONSIDER AND MAKE WRITTEN RECOMMENDATIONS. It is presumptuous and highly speculative to assume that even if an appeal is eventually filed, the Board will reach the conclusion referred to above. This is akin to a losing party after a trial requesting the trial judge to re -hear a matter he has decided by giving him information that was not provided by the party (but could have been) at trial simply on the basis that if an appeal is filed the appeal court MAY direct a new trial. No trial court would entertain such a request. Moreover, the precedent established by Council in granting the request of Aird & Berlis would have obvious dangerous implications to the City and successful applicants in future applications. For the record, I wish it noted that my client's rights have been prejudiced by the forwarding of the information directly to members of the Council with arequest that members speak to representatives of Canadian Niagara Hotels privately about the information contained therein at a time when the hearing has been concluded and no notice to the public for a further hearing has been given. It would be equally inappropriate for me to make any comment to members of Council outside of a statutory public meeting regarding the substance of the planning opinion that has now been sent to the members of Council by Canadian Niagara Hotels except to advise them that it should be dealt with by the Municipal Board (who may or may not receive it in evidence) if an appeal is filed. Needless to say, aside from the accuracy or validity of the recently obtained opinion there might very well be an issue of whether the information is "new" or just "recently obtained" that the Board is the appropriate forum to rule on. Please forward this correspondence to the members of Council. Yours truly, BR ERICK &.PARTNERS LLP EDWARD P. LUSTIG EPL/db -3- cc: Ken Todd, Chief Administrative Officer Ken Beaman, City Solicitor Alex Herlovitch, Director of Planning and Development Joe DiCosimo BIRD & BERETS t.LP Barristers and Solicitors VIA EMAIL: N. Jane Pepino, C.M., Q.C., LL.D. Direct: 416.865.7727 E-mail: jpepino @airdberlis.com Ken Todd, CAO - and to — Alex Herlovitch, Director, Planning and Development - and to — Dean lorfida, Clerk - and to — Serge Felicetti, Director, Business Development City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Messrs. Todd, Herlovitch, lorfida and Felicetti Crosslink Bridge Corp. — Master Plan - Revitalization On July 24, 2009, I wrote to you, reiterating our client's interest in lands owned by the City of Niagara Falls (the Bus Terminal and Bus Maintenance and Repair Facilities). As part of that letter (copy of which is attached) we requested that the City undertake a consultation with affected stakeholders, including our clients, with respect to development of a potential transportation hub on this site, together with linkages to a revitalized downtown and a redeveloped Crosslink site. I have had no response to this request, and would ask that one be provided. I wish to underscore our client's continuing interest in ensuring that the City of Niagara Falls does not bind itself to dispose of key properties without having developed comprehensive planning criteria with regard to the most appropriate and comprehensive use for the lands. In this regard, our client reiterates its desire to be included in any such consideration, including for eventual disposition of these lands. We look forward to hearing from you. Yours very truly, AIRD & BERLIS.L NJP /sh Attachment N. Jane Pepino, C.M., Q.C., LL.D. c.c Crosslink Bridge Corp. Rick Brady Urban & Environmental Management Inc. Brookfield Place, 181 Bay Street, Suite 1800, Box 754. Toronto, ON • M51 2T9 • Canada T 416.863.1500 F 416.863.1515 www.airdber1is.com File: 99972 August 20, 2009 BIRD & BERLIS uv VIA EMAIL: Barristers and Solicitors N. Jane Pepino, C.M., Q.C., LL.D. Direct: 416.865,7727 E - mall: jpepinofhairdberlis.00m Ken Todd, CAO - andto — Alex Herlovitch, Director, Planning and Development - and to — Dean lorfida, Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 File: 99972 July 24, 2009 Dear Messrs. Todd, Herlovitch and lorfida: Crosslink Bridge Corp. — Master Plan - Revitalization I am writing further to the presentation made on behalf of our client, Crosslink Bridge Corp., to Corporate Services Committee at its meeting of July 20, 2009. At that meeting, comments were made that City Councillors and Staff had not been aware of Crosslink's ongoing interest in not only the development of its own holdings, but also, through a Conceptual Master Plan, in the development and redevelopment of surrounding lands. This includes, of course, lands owned by the City of Niagara Falls (the Bus Terminal and Bus maintenance and repair facilities) as well as on lands presently owned by the Bridge Commission, and by others, located in the Downtown Area. To demonstrate some of the thinking for this Conceptual Master Plan, we are including copies of those representations of the comprehensive approach to linking the Crosslink development of its own lands, to that of surrounding lands, and which were displayed at Monday's meeting. As a result, we are writing to formally put on the record our request that the City undertake a broad -based consultation with appropriate stakeholders affected by, and interested in, development of a potential transportation hub to serve a revitalized downtown and a redeveloped Crosslink site; to ensure strong and continuing linkages through and between the downtown and the Crosslink site, and, generally, strategies for encouraging early investment and redevelopment in this area. In this regard, Staff may wish to consider undertaking not only consultation, but also design discussions, in the nature of a charette. It is hoped that after this consultation, a variety of criteria can be developed that will apply to any disposition of any lands owned by the City of Niagara Falls, whether declared surplus or not: the potential always exists for the City to call for requests for proposal for lands that it would continue to own, but in partnership with the private sector. Brookfield Place, 181 Bay S1reeL Suite 1800, Box 754. Toronto, ON • M51 219 . Canada T 416.863.1500 F 416.863,1515 wwW.airdberlis. Seal Ken Todd, CAO - andto — Alex Nerlovitch, Director, Business Development - and to — Dean Iodide, Clerk City of Niagara Falls Our file: 99972 July 24, 2009 Page 2 In closing, allows us to formally declare Crosslink's interest in being considered by the City of Niagara Falls as a potential and interested purchaser of any lands in the general vicinity, whether yet declared surplus by the City of Niagara Falls or not. We look forward to hearing whether the City will consider moving forward with a consultation process such as outlined above, and reiterate our client's willingness to be actively involved in such an exercise. NJP/sh Attachment (Conceptual Master Plan) 5591483.1 Yours very truly, AIRD & BERLIS LLP N. Jane Pepino, C.M., Q.C., LLD. c.c Crosslink Bridge Corp. Rick Brady Urban & Environmental Management Inc. Niagara Falls, ON CONCEPTUAL MASTERPL AN: AERIAL VIEW OUTLf AEThII. V&L4 WINE?YE%HINT. L14ETHE+tt— .yya„�`. + < Niagara Falls, ON CONCEPTUAL MASTERPLAN: AERIAL VIEW 2 .4; ; nanaoaomeanota oasamattaansaea oapaeat **any. MatraaamayaMaata • taano. • ini C a or s a e ot em ,„4,,, 0.** saara.— -IA Ws, a*** asasaoatamiieso. m 400.164 "" af r r Ed la fl Bli ti M' 17.1Cres• arm 12:ig Dart ass EgoTag t owe'rai a. ali40.6taa rtr aveozole Aeausztokaa n&aeorzo SURFACE $ PARKINS SURFACE PARKING $ $ SURFACE $ PARKING - gaga.*** SOD4,4.4* 0411,9•a *044 **Noy, sa•dr st_ •raa rt ? "'ea illialifi4.44^A1■14* 92 : 11 Pos faib fa a2 P ifi e lPri , f;' ° . etaktIORatar istir N tiN ca te 2•0 4F'fs. tettrwra El Sanaa 11,0 0 , 1 _ 0 Ne o t: e S a..343 Est, u 1 r fir „ a 0 L a M Iti§u gel ti 7; Eal EP a r ea a Fl :vat! m raso positive *pa. a 4 r1r t %haa' as. SURFACE PARKING BRIX* larEIT PLANT A mai aa as a ce: Mat 541 : ct saN a an * aaivaas , sea*AorgatApa vase, ,•,,•••:,,•-•:,• • Njagara Falls, ON CONCEPTu/\L MASTFRPLAN. STREET LEVEL PLAN • 1 ' 'CS att.. 4,4400-V6B 0.9m.) p 40.4.0 +post ‘4 0: CS e Sys eirrenrtetra■ cv made erre6 4. do , . O. 4 OSO 41..“4PIX{Ite COIWG066...t.t.O. ....S.lbe *ace b sea I t o.* ttoati$046 . .rtp..... , k • d i I 4 .. dat 1/4.‘.. ,:: ' ;. 771 of IN : . • If 4 d •• WASTEATER TREATMENT A ii " .... 4 8 .0 PLANT %..iiii'' ' -: iii:.,i' ''-:' 4M M... 04 4: . i I . :: .. • gi % %; :tr.! ' .i ogezeorrear .4.veseaas co.:sm.. c 6 6 06' IF Clit 6 6 6 '' ' ' 'yr arse Ittratrbez ** rn as rn 'Aro er ..rs esrep us ....::::.**,' ..-404 ..*,,,•1/4ss 's m 0' $ * ...,,, !!:,f■'r■". g: inattigi 0 AO trigebesn,matag . S. 1lelArk.")4":74t-t-i 4.7t4...: trs . a., ORME SIREET OSICse iscs' roug 9 R I& afill q :Pt M n no NO mid sit e a" e *dr MK MEET EMS343 rt3 .• ITT} ° . . risetr: g in j, /33';'`html E4 F, kJ .2.7 5112 gia Lom c ,m Em gm" pi two at-S C` !Nth i pagEI N ono: go a RI Es Niagara Fall's. ON CONCEPTUAL MASTERPLAN. SECOND EVE Pp-4.N PaSPOIRSOPTIaCalinflagt own". Fuca 1 It'et1.1:13 ' . •". • - • ' '• ."". 7" • 7 k, • • ' %ore c 7,70 rug ti, m tarpte? Arm wee .1 lik's L 11 LPoisen..... r "al I A Ts on i 1 g A As; A: P a 0 1 es nes lima - " I in ith 22 -'?:" 1 rif a„,4 - ng Bs to Dal 0.0; 'TM tro l . tilarcbe - - a M 4714 5 ° g 4 alEt" I a: , san Eg :OM m y: Stift' 94, r irk:. wiliTy.... retie ?Priv ,p. it unta . A ki gc, ezae . p usr mw. tai i Ir =Mil 12 8 rin 1 awe ai *owe-- 2 .1/4i14; j fa's" 'elkielibti: • 1 E : _ 1.=4 „•••:, o • .• kt!! 111.1011 NIAGARA FALISMY LISA :Niagara Fails. ON CONCEPTUAL MASTRRPLAN: CONTEXT PI AN an D /25/2009) e lorfida RE: Crosslink Bridge - Master Plan - Revitalization µ _.. Pa 1, From: Jane Pepino <jpepino @airdberlis.com> To: Dean lorfida <diorfida @niagarafalls.ca >, Alex Herlovitch <aherlovitch @ni... Date: 8/24/2009 5:09 PM Subject: RE: Crosslink Bridge - Master Plan - Revitalization CC: < rbrady @uemconsulting.com> Thank you for your reply, and for the advice that it would be proper to contact Staff. Perhaps we will wait to do so, until after we know Council's direction to staff?? Alternatively I would welcome hearing from the planners that a study such as we have requested will in fact commence, and how we might support the City's work. Many thanks Jane Pepino Hi Jane: Original Message From: Dean lorfida [ mailto :diorfida @niagarafalls.ca] Sent: Monday, August 24, 2009 2:55 PM To: Jane Pepino; Alex Herlovitch; Ken Todd; Serge Felicetti Cc: rbrady @uemconsulting.com Subject: Re: Crosslink Bridge - Master Plan - Revitalization My apologies that you did not receive a formal response. I will bring forward the correspondence for Monday's Council agenda and would suggest that your client and Mr. Brady feel free to make contact with the appropriate Planning and Business Development staff. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) »> Jane Pepino <jpepino @airdberlis.com> 8/20/2009 3:59 PM »> «Letter re Crosslink.pdf» C.c. Crosslink Bridge N. Jane Pepino, C.M., Q.C., LL.D. > Aird & Berlis LLP Barristers and Solicitors > 1800 - 181 Bay Street! Toronto ON M5J 2T9 Phone: 416.865.77271 Fax: 416.863.1515 > Email: JPepino @airdberlis.com 1 web: www.airdberlis.com Soma Hemingway Corporate Services Department Clerk's Division Inter - Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE: Forest Glen Drive TS- 2009 -22 Forest glen Drive and Glenoaks Avenue Parking Review I Niagara TO: His Worship Mayor Ted Salci DATE: August 31, 2009 & Members of Council Staff received the attached e -mail from Mr. No Coia regarding the Parking & Traffic matter heard at the last Community Services Committee (August 10 Mr. Coia's comments opposed to the Parking restrictions were not forwarded for Committee's consideration. As you will note from the August 10 minutes, Council approved the following actions: 1.That a "No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday, Excluding Holidays" zone be implemented on the south side of Forest Glen Drive between Glenoaks Avenue and Oakridge Drive; 2.That a "No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday, Excluding Holidays" zone be implemented on the east side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road; 3.That the existing "No Parking, 8:00 a.m. and 4.30 p.m., Monday to Friday" zone on the south side of Forest Glen Drive between Glenoaks Avenue and a point 85 metres east of Glenoaks Avenue, be removed; 4.That the existing "No Parking" restriction on the east side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road be removed; and, 5.That the existing "No Parking, 8:00 a.m. and 4:30 p.m., Monday to Friday" zone on the west side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road, be removed. 6.That staff review the St. Vincent de Paul School Site Plan Agreement and determine if additional parking spaces are available immediately. Transportation Services staff advise that it would not be appropriate to make an exception for one property owner. RECOMMENDATION: That Council receive and file the correspondence. Working Together to Serve Our Community Clerks • Finance Human Resources • lnfonnation Systems • Legal • Planning & Development (8/25/2009) Dean Iodide Re: Fwd: Forest Glen Drive Parkin From: Dean Iorrida To: ivo.coia @gmail.com; Marianne Tikky Date: 8/24/2009 8:27 PM Subject: Re: Fwd: Forest Glen Drive Parking I will be brining forward the concerns for Council's consideration at their next meeting (August 31st). Thanks Dean Dean Iorfiida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905- 356 -9083 (Fax) »> Ivo Coia <Ivo.coia @gmail.com> 8/13/2009 10:41 PM »> Good morning Marianne, I spoke with Carolynn today & she advised me to send you a copy of my e-mail below as she is going away on vacation. Would you be able to have my e-mail tabled with council & have the parking restrictions re- considered? In addition to my suggestions /comments on my e-mail below, I also have one other suggestion regarding parking that you could add to the suggestions below. That is to replace all the existing no parking signs to no stopping AND to post no stopping signs on the "other side" of Forest Glen. This would actually even create less parking overall, but will not inconvenience the current residents /home owners in any way....same solution but no impact/change to residents /homeowners - a true win /win. I have attached a photo with this highlighted. I hope your day is off to a great start. Bye for now, (p.s. between you & me, if the school would simply block off access to the back of the school with a high fence, that would also solve the problem & force parents to use the front of the school to pick up their children...I'm not suggesting that you table this, but it is an idea that would not inconvenience the homeowners nor the condo unit owners) No Coia 905- 735 -0510 -ext -5264 Forwarded message From: No Coia <Ivo.coiaragmail.com> Date: Tue, Aug 11, 2009 at 9:55 PM Subject: Forest Glen Drive Parking To: ioannonic niagarafalls.ca Hello Carolynn, As discussed earlier today, I am very upset at the possibility to be loosing my parking privileges in front of my house (for many reasons as discussed) and ask that council kindly reconsider. I want to maintain my current parking privileges. Prior to the school coming, there were no parking restrictions at all - thus the root cause is the school. We, the residents, should not have to loose parking privileges, as this is not our fault. I. understand that the people at the meeting yesterday were all older. The residents on Forest Glen Dr. all all younger (with the exception of one) Thus, the main concem must be from the Condo (with perhaps the exception of one). The Condo have plenty of parking, and visitors parking, so the proposed resolution does not effect them at all - of course they would all be for It. Can you please have coundl consider some of these options: * There are currently already parking reshictions on Forest Glen Dr., stating NO PARKING. However, parents are "IDLING" & getting away with it. So please consider rust changing the existing signs to read NO STOPPING. By changing the existing signs, the residents currently with out restrictions will not be effected. Pagel 8/25/2009) Dean lorfida - Re: Fwd: Forest Glen Drive Parkin * Rather than putting signs up in front of all the residents houses and having all the residents loose their parking privileges, put them on the other side of the road, where the condo is. It will achieve the same result with parking only be allowed on one side, but it will not effect the residents. If the concem is people accidentally blocking driveways, there already is a law against this - alternatively, if you had to, you can put a sign up to not block the driveway, rather than having us loose parking privileges (for the record I have never had anyone block my driveway) * Another option would be to solve the root cause & have the school accommodate parents picking up their children & lift all the restrictions on Forest Glen & bring us back to where we were a few years ago. In fact, if this were to be done a few years ago when this issue was first raised, we would not be doing this today. Band aid solutions seldom work. Root cause analysis & related corrective actions are always very effective. * I know many of us on Forest Glen work extended hours, commute & come home late, or car pool. Rather than going with the majority of the people who were able to attend a meeting, consider sending a letter to each house on Forest Glen Dr. & give them some options to choose from & have them respond back with their choices - after all, this proposal directly effects the residents /home owners, so why not ask them? Carolynn, at the of the day, I do not want any parking restrictions In front of my house. Leaving my property free from parking restrictions will not hurt anything. If you can share this e-mail with council, I would be very grateful as I would like them to be able to also read this. I hope to hear back from you soon and I hope you can help. Thank you for your support, No Coia 8100 Forest Glen Drive 905- 735 - 0510 -ext -5264 during business hours 905- 354 -7533 evenings & week ends Paget August 21, 2009 Mr. Dean Iorfida, City Clerk Corporate Services Department City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 NIAGARA HEALTH SYSTEM SYST&ME DE SANTE DE NIAGARA TOGETHER IN EXCELLENCE -- LEADERS IN HEALTHCARE Dear Mr. lorfida: Re: Request for a Public Information Session Thank you for your letter of August 4, 2009 wherein you relay concerns of Council regarding a number of issues. With regards to the GNGH Emergency Department, we are in the process of implementing a number of changes including increasing the number of hours in which physicians provide coverage in the emergency department. We are planning to increase medical coverage in the emergency department by an additional 10 hours per day. The intention of this change is to reduce patient wait times and improve patient satisfaction. Change is never easy and we are currently working through issues with physicians at the site. At the time of this writing, we have received a formal notice from a GNGH emergency department physician who has decided to move on to other opportunities, and we can confirm that we have also recruited two new physicians into the emergency department and are actively recruiting for more. As well, we recently appointed Dr. Doug Munkley as Interim Site Chief of the GNGH ED, and have launched a recruitment process for the permanent site chief. Similarly, we are working through issues of concern expressed by nursing staff regarding staffing levels. Although we received additional operating funds in relation to the construction of the new emergency department, our ability to retain those funds was dependent upon achieving additional patient visits in the department which has not happened. This could be due to a number of factors, including either an increase in community -based walk -in clinics, or increased access to primary care. Therefore, because we cannot retain this money, we must alter staffing patterns accordingly. However, it is important to note that the staffing levels that remain in the department are comparable to other similar sized emergency departments, with similar numbers and types of patients. Mr. Dean lorfida August 21, 2009 Page 2 On the issue of the paediatrics unit, although the program is developing a feasibility study on the potential to move to two sites prior to the consolidation in the new hospital facility in St. Catharines by 2012/13, this feasibility study has not yet been completed and will be reviewed by the NHS Senior Executive and Board. Through the past several months, we have been hosting a significant number of community education sessions in the communities of Wainfleet, Port Colborne and Fort Erie with respect to the conversion of their 24 hour a day /seven day a week ED's to 24/7 Urgent Care Centres (UCC's). These public education sessions are continuing into the fall. We would appreciate the opportunity to provide a similar session in your local community and will look to an appropriate date to hold a session later this fall. Regards, Debbie Sevenpifer, CA, CHE President & Chief Executive Officer DS:lp The Honourable Dalton McGuinty Premier of Ontario Legislative Building, Room 281 Queen's Park Toronto, ON M7A 1A1 Honourable and Dear Sirs: Mailing Address: Legal & egislative Services Our Focus: Your Future August 11, 2009 FAX: 416 -325 -3745/ 416 -325 -7578 416-326-1571 or 416- 325 - 1571 or 416- 494 -9937 The Honourable David Caplan Minister of Health and Long Term, Care Hepburn Block, 10th floor 80 Grosvenor Street Toronto, ON M7A 204 Re. Support of 'Moratorium Call by Ontario Medical Association to Halt Major Health Care Restructuring Decisions The Municipal Council of the Town of Fort Erie at its rgeeting of August 10, 2009, passed the following resolution regarding the above matter: WHEREAS In April 2009, Health Minister David Caplan announced the establishment of the Rural and Northern Health Care Panel and his commitment "to examining these issues and providing a Provincial Framework to support rural communities," and WHEREAS as part of the first stage, the Rural and Northern Health are Panel wilt collate and review the current activities underway across the Province; it will provide recommendations to identify unique needs; it will co- ordinate . metrics and targets to be achieved through .strategic investments; and it will examine the existing programs and services targeted to northern and ruralOntario, and WHEREAS in July 2009 the members appointed to the Panel: were announced and they will recommend steps. the Province can take to improve access to health care in rural and northern communities Including identifying rural Ontario's unique health care challenges, such as increased travel time required to access health care facilities, recruiting and retaining qualified health care: professionals, and providing timely emergency services to remote locations, and WHEREAS the Ontario Medical Association recently called upon the Provincial ' Government to place 'a moratorium on major health care restructuring decisions until the Rural and Northern Health Care Panel reports its and makes recommendations, and WHEREAS it is deemed expedient to support the Ontario Medical Association In its moratorium efforts; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that it hereby petitions: the Province of Ontario to act according to the call for a moratorium by the Ontario Medical Association to stop all major healthcare restructuring decisions until the Rural and Northern Health Care Panel reports its findings and recommendations, and order the LHIN's and hospitals in rural and northern communities to put a hold on major restructuring of health care services, and further THAT the Minister of Health take special notice and immediately halt the conversion of. the Emergency Department at Douglas Memorial Hospital to an Urgent Care Centre scheduled for September 27, 2009 and reverse the action taken at Port Colborne General Hospital pending the outcome of the Panel's report and development of the expected action plan, and further The Corporation of Town or Fort Brie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada. L2A 2S6 Office Hours: 8:30 a.m. to 5:00 p.m. TeL (905) 871 -1600 Fax: (905) -871 -4022 Web -Site: www.fonerie.on.ea .../2 The Honourable Dalton McGuinty The Honouable David Caplan THATthe Region of Niagara, Area Municipalities and the Town's health Care partners be requested to support this action, and further THAT the appropriate persons be so notified accordingly. You are both intimately familiar with the Niagara Health System Hospital Improvement Plan and its impact on the Douglas Memorial Hospital and the Port Colborne General Hospital. You will note in the above resolution, Council's respectful request to immediately halt the conversion of the Emergency Department at Douglas Memorial Hospital to an Urgent Care Centre scheduled for September 27, 2009 and reverse the action taken at Port Colborne General Hospital pending the outcome M the Panel's report and development of the expected action plan. Enclosed for your information please find a copy of a letter sent to the Region of Niagara and Area. Municipalities. A similar letter will be sent to all rural and northern municipalities in the Province of Ontario seeking support of Council's resolution. We wish to remind you of the action taken when a resolution was passed by the Municipal Council of the Town of Fort Erie on May 11 2009 requesting the Government to impose a moratorium upon each LHIN to prevent any furhter reductions in health care services in rural and northern communities. A copy of our letter ' is enclosed for your easy reference. Your 'm attention and action to these critical matters will be greatly appreciated. C. Town Clerk CJK:dlk Eacl, c.c. Dr..Snzaane Strasberg, OMA. President. Fax: 416 -340 -2864 Kim Crafter, MPP Fax: 416-325-0818 Tim Hudak, MPP and PC Leader Candidate Fax: 416- 325 -0998 Peter Kormos, MPP Fax 905 - 732.9782 Dr. David Henry, o/b Fort Erie Doctors Fax: 905 -871 -1221 Dr, Ray Dawes Via email: raydawes(ndawes.ca John T. Teal, Co- Chair, Mayor's Task Force NHS Improvement Plan Fax: 905 -871 -9151 Wayne H. Redekop, Co- Chair, Mayor's Task Force NHS Improvement Plan Fax; 905- 894 -5356 Betty -Lou Souter, Chair NHS Fax: 905- 323 -3800 Juanita Gledhill, Chair, LHIN Fax: 905 -945 -1992 Sue Selzer Via email : jselzerl®eogeco,ca Joy Russell, Via email: ib on52(c4cogeco -ca H. Schlange, Chief Administrative Officer R. Wilson, GM, CGDC Mayor Vance Badaway, City or Port Colborne Fax: 834.5746 Janet Beckett, clerk, City of Port Colborne Fax: 834 -5746: Pat Schofield Via email: schol leiaai4Aval ap t Rick VanSickle City Editor, St. Catharines Standard Fax; - 905- 684 -6032 Joe Wallace, City Editor, Niagara Falls Review Fax: 905-356-0785 Joe Barkovich, City Editor, Welland Tribune Fax: 905-732-3660 Chris Dube, The Times, Fax: 905- 871 -5243 Page two - The Honourable David Caplan Minister of Health and Long Tenn Care Hepburn Block, IOth floor 80 Grosvenor Street _ Toronto, ON M7A 2C4 Honourable and Dear Sir: Mailing Address: Office of the Mayor DOUGLAS G. MARTIN Re: Rural and Northern Health Care Blue Ribbon Panel May 13, 2009 Sent by fax: 416- 326 -1571 On Wednesday April. 29, 2009, 4,000 Ontarians gathered on the lawn of Queen's Park to protest the negative impacts of the Liberal Government's Health Care Policies on their lives and communities. Of that 4,000 over 800 plus were from the Town of Fort Erie where we are experiencing first hand the result of your health care policies from the closing of our emergency room to the elimination of acute care beds and removal of day surgeries. Mr. Minister we will soon be in a position where our local physicians will not be able to admit one of their patients to our local hospital. How can that be acceptable to you? As the Mayor of Fort Erie and the inaugural Chair of the Alliance to Save Ontario's Small, Rural and Northern Hospitals, I take great umbrage with your referral in the Legislature on Wednesday April 29, 2009 to the rally participants outside on the lawn as "unions and their supporters ". Excerpt I•Iansard on date in question: «Hon David Caplan: I welcome anyone to Queen's Park. Unions and their supporters have a particular perspective. I don't share their perspective. We are on the side of patients in the Province of Ontario" Mr. Minister, the people on the lawn of Queen's Park that day were not unions and they were not there to support unions. They were Ontarians representing their communities asking you to pay attention to the voices of concerned and impacted Ontario residents. This rally was organized by the Town of Fort Erie in partnership with over 22 other cities, towns and townships from across the Province. For you to associate the intent. of this rally and your comments in the Legislature with your position on unions and their position on health care in Ontario is most disturbing. Am I to assume that you associate the unions health care perspective as the same as the concerns of those residents who took the time, some away from their jobs, to come to Queen's Park and rally for health care, or were you misinformed as to who was out on the lawn of Queen's Park protesting? I look forward to your response on this issue. Your Government announced the creation of a Rural and Northern. Health Care Blue Ribbon Panel to provide recommendations on the unique needs of health care in those communities. ... /2 11u enrporition of the Town or Fart Erie Municipal Centre. I Municipal Centre Drive Fort Grin, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871.1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca The Honourable David Caplan Minister of Health and Long Term Caro Page two Mr. Minister, as Chair of the Alliance to Save Ontario's Small, Rural and Northern Hospitals, I respectfully request that our Alliance be heavily represented on this panel. Could you provide me with the terns of reference established for this Panel and the appropriate documentation that will facilitate a number of our Alliance members becoming part of this Panel. On the heels of your Blue Ribbon Panel announcement, the following resolution was passed by the Municipal Council of the Town of Fort Erie at its meeting of May 1 I, 2009: WHEREAS the Health and Long -Term Care Minister recently announced plans to develop a Small Rural and Northern Health Care Blue Ribbon Panel to look at health care and hospital needs, and WHEREAS a call for a moratorium on reducing health care services in rural and small communities to be imposed upon each Local Health Integration Network in the Province of Ontario until such time as a province -wide review process has been conducted was recently endorsed by the Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians, and WHEREAS the Municipal Council of the Town of Fort Ede at its meeting of March 30, 2009 passed e resolution petitioning the Premier and the Minister of Health and Long -Term Care to put a stop to the implementation of the Niagara Health System Hospital improvement Plan until the Ontario Ombudsman completed their investigation of the Hamilton Niagara Haidimand Brant Local Health Integration Network, and WHEREAS the Minister's response dated April 23 2009 advised he would not interfere in the local HIP process but the government would support the Ombudsman's Office as needed through the investigation, and WHEREAS it is deemed necessary and expedient for small, rural and northern municipalities to call upon the government to impose a moratorium on any further reductions to health care services in rural and northern communities; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby petitions The Honourable Dalton MoGuinty, Premier of Ontario and The Honourable David Caplan, Minister of Health and Long -Term Care to impose a moratorium upon each Local Health Integration Network lo prevent any further reductions in health care services in rural and northern communities In the Province of Ontario until such time as a Province -wide review process has been conducted, resulting in the following action: 1) - The urgent establishment of a Think Tank with broad and knowledgeable representation, similar to those involved in the Rural and Northern Health Care Framework, to provide recommendations to the LHINs regarding the role and future of emergency departments and small hospitals; 2) The adoption of the standards that have been developed Identifying the services that are required to provide emergency care; 3) The identification of how many emergency departments are needed In each community and in each LHIN; 4) The adoption of standards regarding the level of services that should be available in local hospitals to support the health care needs of the local population; 6) The adoption of standards regarding the level of services that should be available to local communities to provide the non - hospital based services that are required to meet the healthcare needs of the local population; 8) The adoption of standards regarding the regional services that need to be in place to support local delivery systems; •.../3 The Honourable David Caplan Minister of Health and Long Term Care Page three As you had proposed in my meeting with you at your office and in supporting correspondence, you and your office are open to working with my community and others across the Province to find solutions to our concerns with respect to health care in our communities. Mr. Minister, 1 see this as a prime opportunity for both of us to put your promise into action using the Rural and Northern Health Care Blue Ribbon Panel as the vehicle. I would aslc that a meeting be scheduled with you at your office with the Mayors, Wardens and other elected representatives from our Alliance to discuss this very important issue. 1 look forward to your prompt response. Douglas G. Martin Mayor nOM:ditc c.c. Attached - page four 7) The implementation of a system to ensure accessibility to regional services that are deemed necessary to support local delivery systems; 8) The implementation of standards regarding EMS availability in the event of a closure of a emergency department; CO The development of a comprehensive educational program to prepare and support physicians and nurses to provide exemplary care In every emergency department/urgent care in the province; and, 10) A review of the research papers developed to date to evaluate the effects of any reduction in services in communities on both the quality of care provided and the overat! cost to the healthcare system and further research to fill in identified gaps in knowledge, and further THAT: the Minister of Health and Long-term Care be requested to ensure that the composition of the Blue Ribbon Panel include members of the Alliance to Save Ontario's Small, Rural and Northern Hospitals as well as a doctor from Niagara South, and further THAT: A copy of this resolution be sent to all Small, Rural and Northern Municipalities in the Province of Ontario for support, and further THAT: The Ontario Ombudsman and Auditor General be so notified of this action as well as all other appropriate persons. The Honourable David. Caplan, Minister of Health and Long Term Care May 13, 2009 Re: Rural and Northern Health Care Blue Ribbon Panel Page four The Honourable Dalton McGuinty, Premier of Ontario Fax: 416 -325 -7578 Jim R. McCarter, Auditor General via email iim.mecarter auditor,on.ca Andre Marin, Ontario Ombudsman Fax: 416 -586 -3485 Kim Craitor, MPP Fax: 416-325-0818 Tim Hudak, MPP Fax: 416 -325 -0998 Peter Kormos, MPP Fax: 905- 732 -9782 Janet Pilon, Acting Regional Cleric Fax: 905 -687 -4977 Clerks of Niagara Area Municipalities Via: Email Kevin C. Christenson, Clerk, City of Hamilton Fax: 905- 546 -2095 Darryl Lee, Clerk, City of Brantford Fax: 519 759 - 7840 Jayne Carman, Clerk, County of Brant, Fax: 519- 449 -2454 Janis Lankester, Clerk, County of Haldimand Fax: 905- 772 -3542 Stephen Molnar, Mayor, Town of Tillsonburg via email smolnarMiilsonbura.ca Don McGugan, Mayor, Township of Brooke - Alvinston via email idmcgugan©hotmail.com Gordon Perry, Mayor, Village of Oil Springs via email gordonandmaraaretperry ()ciaccess com John McCharies, Mayor, Town of Petrolia via email iohnnvremaxlalbellnet.ca Jerry Brandt, Councillor, Township of Armour via email infoCarmourtownship.ca Glenn Miller, Reeve, Township of Ryerson via email admin a versontownship.ca Dick Smith, Mayor, Municipality of Magnetawan via email magadmin(a4beilnet.ca Jim Burns, Warden, County of Lambton via email jim.burn as(lcounty- lambton.on.ca Vance Badawey, Mayor City of Port Colborne via email mavoigalportcoiborne.on.ca Mike Bradley, Mayor, City of Sarnia via email mavoaarnia.ca Bob Shepherd, Mayor, Township of Uxbridge via email bshepherd(town.uxbridge.on.ca John Williams, Mayor, City of Quinte West via email mavorCalcity- ouintewest.on.ca Dr. David Henry, o/b Fort Erie Doctors Fax: 905- 871 -1221 Dr. Ray Dawes, Chair, Rural Section of Ontario Medical Association Via email: ravdawevadawes.ca John T. Teal, Co- Chair, Mayor's Task Force NHS Improvement Plan via email: iohntteakfl bellnet.ca Wayne H. Redekop, Co- Chair, Mayor's Task Force NHS Improvement Plan via email: cvhrfalbellnet.ca Betty -Lou Soutar, Chair, NHS Fax: 905- 323 -3800 Juanita Gledhill, Chair, LHIN Fax: 905 -945 -1992 Iris Dube, The Times via email feediton[la coaeco.net Rick VanSickle, City Editor, St. Catharines Standard Fax: 905 - 684 - 6032 Joe Wallace, City Editor, Niagara Fails Review Fax: 905- 356 -0785 Joe Barkovich, City Editor, Welland Tribune Fax: 905- 732 -3660 Small, Rural and Northern Municipalities The ' .nourable David Caplan Minister of Health and Long Term Care Hepburn Block, 10th floor 80 Grosvenor Street Toronto, ON M7A 2C4 Honourable and Dear Sir: Legal & Legislative Services Re: Impacts on Regional Niagara EMS of Emergency Room Conver as part of the Niagara Health: System - Hospital Emergency Plan At the Council meeting of August 10, 2009 the following resolution was passed, respecting the above referenced matter: Carolyn, J. Kett, A.Lx Town Clerk ckettCforterie.on - . ca CJK /dill c.c. Pe e Honourable Dalton a Ch r ty, Premier of Fax: 916.326-1571 Sher Partinnon, un itanalChar Via email Mayors of Area Municipalities Via omit Aim Crniron, MPP Fax:416. 3250818 'rim Iludak, MPP Fax: 416.325-0998 Feter Norms, Fax: : 905-732-9782 Dr, David Henry, o/b Pori brie Doctors Fa: 905-871-1221 Dr. Ray Dawes via emdi: r Task Force s.ca 1' John T. Ted, co-chair, Mayor's e NHS Improvement Plan Vin email Wayne Ni Radtke!), , Co-Chair, Mayor's Forc Nagar, Force NHS Improvement Plan Via twin Getty -Lon Sourer, Chair, N118 Fox: -90S- 323 -3- 323.3 800 Juanita OIedhIil, Chair, LHIN - Fax: 995- 945 -1492 O Focus, Your Future Mailing Address: The Corporation of Town of Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours: 8:30 a.m. to 5:00 p.m. Tel: (905) 871 -1600 Fax: (905) 871-4022 August 11, 2009 Fax: 416-494-9937 WHEREAS the Region of Niagara: has estimated that additional temporary EMS resources of 2.4 ambulances (42,048 equivalent hours) and 19,2 FTE s representing a total budget impact of $1,104,998 (2009) is necessary -to manage the impact of the conversions of the Emergency Departments in Port Colborne and Fort Erie as part of the Niagara Health System Hospital Improvement Plan, and WHEREAS these additional EMS resources are to be temporarily phased -in parallel to the conversions of each Niagara Health System Emergency Department (as needed to address increased demand) and to be reviewed no later than March 31, 2010, or once the actual impact is able to be measured; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that it hereby supports the position of the Council of the Region of Niagara that the Ministry of Health and Long -Term Care should fund 100% of these . resources in recognition of these MOHLTC and LHIN approved changes' to the Niagara Health System and its impact on Niagara Region resources and expenditures, and farther THAT:The Municipal Council of the Town of Fort Erie hereby supports. the Region of Niagara's request that. the Ministry of Health and Long -Term Care continue the funding- for nurses to manage EMS patients in a transitory unit (to reduce offload delays) until a sustainable program is in place, and THAT:The appropriate persons be so notified of this action. By copy of this letter to the Regional Municipality of Niagara and Area Municipalities they are being so advised of the action by the Municipal Council of the Town of Fort Erie. Wes k you for your attention to this matter. Web-Site: wwwlbrterie,on.ca /7/2009 Dean Iorfida Re Proclaim Learn • Work Week! Ty 1 e From: Ted Salci To: Lindsay Munro Date: 8/7/2009 8:41 AM Subject: Re: Prodaim Learn @Work Week! CC: Dean Iolfida Hello Ms. Munro: Thank you for your email request. It has been forwarded to our City Clerk, Mr. Dean Iorfda for inclusion In the next available Council Meeting Agenda. Mr. Iorfida will be in touch with you once our Council has had the opportunity to review and discuss your request. Ted Salci Mayor R. T. (Ted) Salci City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 tsaldCilniagarafalls ca Tel: 905 - 356 -7521, Ext. 4201 Fax: 905 -374 -3557 >» "Lindsay Munro" <Imunroecstd.ca> 8/6/2009 5:29 PM »> Your Worship Ted Salci, Declare September 21 -25, 2009 Learn @ Work Week! It is well documented that Canadian firms are falling behind in investing in skills development. However, it is also well documented that learning has a positive impact on key business measures such as job performance and productivity.Learn Work Week is a weeklong celebration which includes a number of activities and events designed to promote the importance of workplace learning and development to key stakeholders and the public -at- large. The goals of the Learn @ Work Week initiative are: • Raise awareness of the impact of workplace learning • Celebrate the best practices of workplace learning • Celebrate the success of the `learning organization' An important part of Learn @ Work Week is public support by political leaders for the importance of workplace learning and development. In this regard, we are asking that you declare the week of September 2? - 25th, 2009 as Learn @ Work Week in your community. Last year, 150 municipalities participated by declaring itLearn @W ork Week! CSTD has a Hamilton/Niagara chapter for your area, supported by a community of members who are training and development professionals. By supporting Learn @ Work Week, you are recognizing the value of this community's work. We would be pleased to acknowledge your support on our organizational websitewww.cstd.ca ( http: / /www.cstd.ca/) as a Learn @ Work Week Champion. The Canadian Society for Training and Development is a national, not - for - profit, membership association serving the field of workplace learning and development. CSTD has more than 2,500 members drawn from the public, private, non- for - profit and labour sectors. Please find a sample English (htta: / /www.estd.ca/ LinkCl ick. asnx? fileticket= 0Y8FFXtP12M %3d &ama:tabid =79) or French ( http . / /www.cstd.ca/LinkClick.aspx ?f filet icket= nP6JcGcCOgO %3d &amp:tabid =79) proclamation for your use. Please send your completed proclamation to members @cstd.ca. Thank you in advance for your support. Sincerely, Lynn Johnston, CAE President Mayor Ted Salci Mayor's Office The City of Niagara Falls 4310 Queen St., P.O. 1023, Niagara Falls, ON L2E 6X5 Attention: Offices of Protocol and Scheduling Re: Proclamation of Childhood Cancer Awareness Day, (An Initiative of the Pediatric Oncology Group of Ontario Dear Mayor Salci, O • :rteot Al � 800,9 � OR$ 2daFFl�c s# PO •sir On behalf of the Pediatric Oncology Group of Ontario (POGO), the Childhood Cancer Awareness Committee, and families in the Niagara Falls region, we would like to invite you to participate in Childhood Cancer Awareness Month in support of the 17 families in the your region with a child currently undergoing cancer treatment and receiving support from POGO and its partners. The month long campaign last year was a tremendous success with 17 Mayoral proclamations and/or best wishes across the province, more than 10,000 gold awareness ribbons distributed to Ontarians, 30+ elementary and high schools participating in a chalk drawing campaign on their school or other community organization grounds, and many more successful local events designed to raise awareness around the issues associated pediatric cancer. We respectfully request that you join the provincial government and other mayors across the province, in showing your support for this initiative by preparing an official proclamation declaring Childhood Cancer Awareness Day in Niagara Fails. We are suggesting that you choose a date during the first week in September, but of course we would welcome any date that is convenient for you. In the case where an official proclamation is not possible, we would greatly appreciate a letter of best wishes to show your endorsement of the valuable work that we do in your region. Plans for POGO's Childhood Cancer Awareness Month include: Mayoral ceremonies across the Province, a gold ribbon distribution campaign, television and radio PSAs, a Topics in Business speaker series with celebrated leaders in Canadian Business, and a grassroots student initiative where schools across the province use chalk in their school yards to communicate get well messages to their peers struggling with a cancer diagnosis. 480 University Avenue Suite 1014 Toronto, Ontario Canada M5G 1V2 [el. 416- 592 -1232 fax 416- 592 -1285 'kmw.pogo.ca EXECUTIVE DIRECTOR Dr. C. Greenberg MEDICAL DIRECTOR Dr. M. Greenberg BOARD OF DIRECTORS PRESIDENT Dr. R. Barr McMaster Children's - Hospital, Hamilton Health Sciences TREASURER Dr. M. Silva Kingston General Hospital SECRETARY Ms. J. Van Cileaf The Hospital for Sick Children Ms. P. Bambury Grand River Hospital Dr. M. Barrera The Hospital for Sick Children Dr. V. Blanchette The Hospital for Sick Children Ms. C. Boettcher Toronto Rehabilitation Institute Ms. M. J. Decourcy _ Children's Hospital, London Health Sciences Centre Mr. C. Graham The Royal Conservatory of Music Dr. J. Halton Children's Hospital of Eastern Ontario Dr. L. Jardine Children's Hospital, London Health Sciences Centre Dr. H. Sehipper University of Toronto Dr. B. Spiegler The Hospital for Sick Children This year, POGO's partners National Post, Global Television and news anchor Anne -Marie Mediwake, and Rogers Communications will take a lead role in creating a significant media event to celebrate POGO's (and its partners') achievements in pediatric oncology since 1983. POGO is the official advisor on childhood cancer to the Ministry of Health and Long -Term Care. Given that cancer is the biggest disease killer of children in Ontario (two children die of cancer every week in this province), it is imperative to raise public awareness about the disease and its effects. In Ontario alone, over 400 children are diagnosed with cancer every year, and at any point in time over 3,000 of this province's children require cancer care. POGO works to develop new policies and programs that improve the care of children with cancer, their families, and childhood cancer survivors. We look forward to hearing from your office about partnering with us in this initiative. Yours truly, a Kelly Zorzi Communications and Development Officer, (416) 592 -1232 ext. 252; kzorzi @pogo.ca . / Fondation canadienne des maladies inftammatoires de l'intestin / / ^\ \ Crohn's and Colitis ■ Foundation of Canada July 16, 2009 Mayor Ted Salci 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Thank you for your consideration. Yours truly, Monika Rola M &M Meat Shops monikarna,mmms.ca 1l� On Thursday, September 17, 2009, M &M Meat Shops, Canada's largest retail chain of specialty frozen foods, is encouraging families coast -to -coast to enjoy a meal together in celebration of the fourth annual National Family Dinner Night. Family experts and researchers confirm that one of the most valuable gifts parents can give their children is time spent together as a family. Taking this advice, M &M Meat Shops successfully launched National Family Dinner Night five years ago and has encouraged thousands of families to sit down and have dinner together. National Family Dinner Night has gained tremendous moral and charitable support during the years and has contributed significantly to the more than 16 million dollars M &M Meat Shops has raised for the Crohn's and Colitis Foundation of Canada (CCFC) during their 20 year partnership. This year M &M Meat Shops is hoping to bring even more families across the country together at mealtime. Last year's program received the support of community leaders from coast -to -coast including the Prime Minister, the Governor General, Premiers and many Mayors of Canada's largest and smallest cities. We would be most honoured if you, as a leader in the community, would provide a letter of support for this community - based initiative and, if possible, formally proclaim September 17, 2009 as National Family Dinner Night. We would truly love to hear your own memories about your family dinners growing up and what getting together for a family meal means to you. M &M Meat Shops will be asking families to register their participation in National Family Dinner Night on the website: www .nationalfamilvdinnernight.com as of August 1 2009. For every person who registers, M &M Meat Shops will donate $1 to the CCFC. Of course, we also hope that you will enjoy a family dinner on September 17, 2009, and register your participation in National Family Dinner Night at www .nationalfamilvdinnernioht.com. We thank you in advance for your consideration. We will follow up with your office in the next few weeks. In the meantime, if you have any questions, please do not hesitate to call me at (416) 366 -7735 ext. 259. Jennifer Manning - Fwd: Responsible Dog Ownership and Canine Safety within your community. From: Ted Salci To: Jennifer Manning Date: 8/4/2009 10:07 AM Subject: Fwd: Responsible Dog Ownership and Canine Safety within your community. Jennifer: Please forward to Dean as a Council Agenda item. Thanks, Cathy »> "Sarah Mcdoweli" <smcdowell@ckc.ca> 7/30/2009 6:14 PM »> Dear Mayor Page 1 of 3 Last year, The Canadian Kennel Club (CKC) announced the first ever "National Responsible Dog Ownership Week" and RDOG Day. This September, RDOG events will begin Saturday, September 19, 2009, and culminate in an RDOG Walk, nationally, on RDOG Day Saturday, September 26. Responsible Dog Ownership groups will rally across Canada in neighbourhoods large and small and collectively promote, educate and enlighten. We will speak to the enthusiastic dog lovers attending our events but, most importantly, we must interact with community members unfamiliar with the valued place our dogs have in Canadian society. During National Responsible Dog Ownership Week, RDOG Week, individual members of the CKC and recognized CKC clubs will provide a variety of outreach activities. The CKC Responsible Dog Ownership Committee has developed a comprehensive information package dealing with "Children and Safety Around Dogs ", "Bite Prevention" for people who encounter unfriendly dogs in the work place and a fact sheet detailing "Your Responsibilities in Case of a Bite Incident ". Presentations can be arranged, seminars given, obedience clinics offered, school visits undertaken and official CKC "Canine Good Neighbour" tests for all dogs and their owners made available. Groups within your community can enlist the expertise, information and enthusiasm of our membership during RDOG week and become a proactive part of the RDOG initiative. Your council may wish to begin discussions establishing a year round schedule of combined outreach initiatives simply by contacting your local dog club or the Canadian Kennel Club at www.ckc.ca and follow the RDOG link. The concern for promoting responsible dog ownership extends well beyond the CKC and deep within Canadian society. Supporters of the RDOG 2008 inaugural initiative included an extensive list of like- minded organizations including the Canadian Federation of Humane Societies, the Canadian Veterinary Medical Association, the Pet Industry Joint Advisory Council, the Dog Legislation Council of Canada, file: / /C: \Documents and Settings\jm2051Local Settings \Temp \XPGrpWise \4A78084ADoma... 8/4/2009 Canada Safety Council, and more. These organizations realize and communicate the importance of responsible dog ownership and the value dogs bring to our society. In support of responsible dog ownership across Canada and the RDOG initiative within your city, we request that you officially dedicate the week of September 19 -26, 2009, as Responsible Dog Ownership Week (RDOG Week) and encourage ALL responsible dog owners to join the "Walk of Support" Saturday, September 26 on RDOG DAY! To confirm your proclamation, please forward a PDF to smcdowell @ckc.ca or you may also send a copy via mail to: Sarah McDowell, Communications Division, The Canadian Kennel Club, 200 Ronson Drive, Etobicoke, ON M9W 5Z9. For further assistance or information please contact Sarah directly by email or by phone at (416) 675 -5511 extension 3314. We look forward to the continuing support from our inaugural 2008 community supporters and adding new communities for 2009. A sample proclamation is included below and for more information on the CKC Responsible Dog Ownership initiative visit www.ckc.ca and follow the RDOG links! Thank you for your consideration and for support of this Canadian Kennel Club initiative. Regards, Sonny Allinson Manager, Communications and Marketing The Canadian Kennel Club (416) 674-3678 sonny @ckc.ca www.ckc.ca Responsible Dog Ownership Week PROCLAMATION September 20 -27, 2008 Page 2 of 3 WHEREAS, the Canadian Kennel Club, the primary registry for purebred dogs in Canada is a national non -profit organization which promotes the benefits that dogs bring to our society; and WHEREAS, the Canadian Kennel Club is committed to the furthering of responsible dog ownership in Canada; and WHEREAS, the Canadian Kennel Club is proud of its initiative, "National Responsible Dog Ownership Week" which brings together likeminded organizations that provide support, advice, guidance and education in the responsibilities of owning a dog; THEREFORE, I, (insert Mayors' name) Mayor of the (insert City), do hereby proclaim September 19 - 26, 2009 as Responsible Dog Ownership Week in the City of (insert City) and encourage all file: / /C:\Documents and Settings \jm205 \Local SettingslTempAPGrpWise14A78084ADoma ... 8/4/2009 Page 3 of 3 citizens to practice responsible dog ownership for a safer community for all. Semaine de la propriete responsable de chien Du 20 an 27 septembre 2008 ATTENDU QUE le Club canin canadien, principal centre d'enregistrement des chiens de race du Canada, est un organisme sans but lucratif qui sensibilise la population sur les avantages d'avoir des chiens dans notre societe; et ATTENDU QUE, le Club canin canadien s'engage a encourager les comportements responsables des proprietaires de chien au Canada; et ATTENDU QUE, le Club canin canadien est fier de son initiative « Semaine nationale pour la propriete responsable de chiens » qui rassemble les organismes ayant la m @me vision qui offrent un soutien, des conseils, un encadrement et de la formation sur les responsabilites des proprietaires de Chien; PAR CONSEQUENT, je, (nom), maire d' (ville), proclame par Ia presente Ia semaine du 19au 26 septembre 2009 Semaine de la propriete responsable de chien a la Ville d' ( ville), et j'encourage tous les citoyens qui sont proprietaires de chien a adopter des pratiques responsables pour le bien de la communaute dans son ensemble. CKC RDOG Day is September 26, 2009! Join us for the second annual CKC RDOG Day! RDOG events begin Saturday, September 19, 2009 and culminate in a national walk of support on RDOG Day, Saturday, September 26, 2009. For more information about RDOG Day, please click Here To post your Club's RDOG event, please click Here Journee Pro - chiens du CCC le samedi 26 septembre 2009! Soyez des notres lors de la deuxieme journee annuelle Pro- chiens! Les activites Pro - chiens debuteront le samedi 19 septembre et aboutiront a une marche nationale Pro - chiens le samedi 26 septembre 2009 - Journee Pro - chiens. Pour de plus amples renseignements sur la Journee Pro - chiens, cliquez ici Pour afficher les activites Pro - chiens de votre club, cliquez ici file: / /C: \Documents and Settings1jm2051Local Settings \Temp\XPGrpWise \4A78084ADoma... 8/4/2009 August 31, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2009 -34 Niagara Peninsula Energy Inc. Proposed Purchase from the City Montgomery Street Our File No.: 2009 -223 RECOMMENDATION: BACKGROUND: Niagarafalls CANADA That Council approve the Agreement of Purchase and Sale (the "Agreement ") from Niagara Peninsula Energy Inc. (the "Purchaser") attached to this Report as Attachment "1", and that the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. Particulars of the Agreement of Purchase and Sale: • Appraised value: $273,500.00 • Total Area: Approximately 1.504 acres • Purchase Price: $273,500.00 • Payment Mode: cash or certified cheque • Deposit: $27,000.00 • Closing: As soon as possible after the date of acceptance On June 8, 2009, Report L- 2009 -25, attached hereto as Attachment "2 ", was approved by Council with the recommendation that Montgomery Street located south of McLeod Road and west of Pin Oak Drive be declared surplus. The land is described as Parcel Streets -12 Section M40; Montgomery Street, Plan M40 and is shown hatched on Attachment "3 ". The City, as Vendor, has received an executed Agreement from the Purchaser together with a deposit cheque in the amount of $27,000.00, being ten percent of the appraised purchase price of $273,500.00, as per City policy. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community L- 2009 -34 Corporate Services Departme Legal Services August 31, 2009 Notice of the permanent closure and sale was given to the public by publication in the Niagara Falls Review on Saturday, August 22, 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 lands be sold to the Purchaser for $273,500.00 as set out in the Agreement. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Attachments kl Ken Beaman, City Solicitor - 2 - L- 2009 -34 K. E. Burden, Executive Director of Corporate Services Ken odd, Chief Administrative Officer N/A AGREEMENT OF PURCHASE AND SALE PURCHASER Niapara Peninsula Energy Inc. agrees to purchase from VENDOR The Corporation of the City of Niapara Falls the following REAL PROPERTY: Address Montpomery Street- in the City of Niagara Falls, Regional Municipality of Niagara and legally described as Parcel Streets -I Section M40- Montgomery Street Plan M -40 Niagara Falls: in the City of Niapara Falls, in the Regional Municipality of Niagara. (the "property"). PURCHASE PRICE: Two Hundred Seventy -Three Thousand Five HundredDollars Dollars(CDN $273.500.00 ) DEPOSIT: Purchaser submits Twenty- SevenThousand----- --------- --------------- ----- - - - - -- Dollars (CDN$ 27,000.00 ) (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 form(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. 4. IRREVOCABILITY: This Offer shall be irrevocable by Vendor until 4:30 p.m. on the le day of September 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) 371 -2892 tsde.cw, woo FAX NO. (905) gwa„o. ran.,«) 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: (1) 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 Vacant Land maybe 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 restrictions, charges, liens, and encumbrances except as otherwise specifically provided 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; (c)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. 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. 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 3C day of 2009 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (Wining) twM.,.: NIAGARA PENINSULA ENERGY INC. DATE ""', 3ttoS 1, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this 31 s* day of 2009 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: lwareml t v.,,ddl R.T. (Ted) Salci, Mayor 0.6vwy Dean Iodide, Clerk Address for Service: The Corporation of the City of Niagara Falls, 4310 Oueen Street, THE CORPORATION OF THE CITY OF NIAGARA FALLS ei. eiR.T. (Ted) Salci, Mayor peal) rv•na°n Dean lorfda, City Clerk (seal) CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary. I confirm this Agreementwilball changes both typed and written was finally executed by all parties at a.m. /p.m. this day of 20 09 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct drat a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS NIAGARA PENINSULA ENERGY INC. L DATE f ilm-L am ..( La�-an, DATE (P Title: '°rani 5 . no Tile: DATE DATE Address for Service: (905 1356 -7521 (905 )371 -2892 (905) (905) TeI.No. FAX No. Tel. No. FAX No. DATE DATE P.O. Box 1023, Niagara Falls, ON L2E 6X5 Tel. No. (905 1 356 -7521 Tel. No. (905) Vendor's Lawyer Kenneth L. Beaman Purchasers Lawyer Address 4310 Oueen Sheet P.O. Box 1023 Address Niagara Falls, ON L2E 6X5 3/MIG 111d tit" ailat *you -.yam SCHEDULE "A" June 8, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2009 =25 Declare Surplus - Montgomery Street Our File No.: 2008 -223 RECOMMENDATION: BACKGROUND: Niagar aralls CANADA Working Together to Serve Our Community L- 2009 -25 That Montgomery Street located south of McLeod Road and west of Pin Oak Drive ( "subject land "), and shown hatched on Attachment "1 ", be declared surplus. Legal Services has received a request from the abutting landowner to the north of the subject land, Niagara Peninsula Energy Inc. ("NPEI"), to sell Montgomery Street to it for the purpose of employee parking. The subject land is an open road allowance which will be permanently closed prior to sale and is located to the south of McLeod Road between Kalar Road and Montrose Road, and on the west side of Pin Oak Drive. The request has been circulated to all City departments and public utilities, the result of which was that there were no objections to the subject land being permanently closed, declared surplus and conveyed to NPEI. A Report permanently closing the road allowance and dealing with the sale of the subject land to NPEI will be presented for Council's consideration, at a later date. Based on all of the above, Staff is recommending that the subject land be declared surplus in anticipation of the closure and sale of same. been St et, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6)3 905-356-7521 www.niagarafal Is.ca Corporate Services Departme Legal Services June 8, 2009 - 2 - L- 2009 -25 Recommended by: Ken Beaman, City Solicitor Approved by: K. E. Burden, Executive Director of Corporate Services Respectfully submitted: K. Beaman/L. Banks Ken Todd, Chief Administrative Officer 0 1- 2 August 31, 2009 L- 2009 -36 His Worship Mayor Ted Salci and Members of the Municipal Council City -of Niagara Falls, Ontario Members: NiagaraflaIIs CANADA Re: L- 2009 -36 McLeod Road Cost Sharing Agreement Our File No. 2008 -95 RECOMMENDATION: That the City enter into an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp. and the Regional Municipality of Niagara for the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange and the Mayor and Clerk be authorized to execute such Agreement. BACKGROUND: Council will recall that during the process of considering the applications for zoning by -law amendments concerning 7555 Montrose Road (Niagara Square) and 7307 Oakwood Drive (Smart Centres/Walmart), the issue of the costs of required road improvements to the McLeod Road corridor emerged. In particular, the Ontario Ministry of Transportation (MTO) was looking for a way to cause the developers of property along the McLeod Road corridor to contribute to the cost of improvements to the interchange between McLeod Road and the Queen Elizabeth Way. The MTO has been experimenting with a program of using its powers under section 38 of the Public Transportation and Highway Improvements Act R.S.O. 1990 c.P.50 to obtain such contributions. Section 38 of that Act provides that a permit is required from the MTO to erect any structure within 395 metres of an intersection on a controlled access highway and to erect a building "for the purposes of a shopping centre, stadium, fair ground, race track, drive -in theatre, or any other purpose that causes persons to congregate in large numbers" within 800 meters of such an intersection. Using this authority, the MTO then takes the position that no section 38 permits will be issued in the target area until arrangements are in place that satisfy the MTO that the financial demands of the MTO are secured. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Departmer Legal Services Working Together to Serve Our Community August 31, 2009 - 2 - L- 2009 -36 The MTO strategy has been challenged before the courts. The MTO lost. This loss has not appreciably altered their approach. In keeping with this strategy, the MTO has informed the City of Niagara Falls and the Region of Niagara that no section 38 permits will be issued in the vicinity of the intersection of McLeod Road and the Queen Elizabeth Way until such time as the Region and the City enter into an agreement which includes terms securing the MTO's position. The Agreement represents the terms that have been negotiated between the City, the Region and 7 parties that are seeking to develop properties in the affected area (7 owners). The Agreement provides that: • Each of the affected owners will provide a proportionate share of the 3.8 million dollars required by the MTO, by way of a Letter of Credit to be delivered to the Region. (The Region will be constructing the improvements under contract with the MTO.) • The City will not provide a Site Plan Clearance to the Chief Building Official for any project in the affected area until such time as the Region has confirmed that the developer of that project has contributed his proportionate share. This principle will apply to the initial 7 projects and to any subsequent projects in the affected area. The restriction will be in place for 10 years. • With each new project, the shares of each contributor will be adjusted. • A trustee paid for by the developers will administer the proportioning of shares in accordance with a formula set out in the Agreement. • The Letters of Credit will be cashed or replaced with cash at the time the Region undertakes the required MTO improvements (currently anticipated to be during the 2010 construction season). • The Agreement obligates City Staff to initiate Official Plan and zoning by -law amendments aimed at putting in place a holding by -law that will require a proportionate contribution to the MTO costs to be made by a land owner, prior to the "H" being lifted. (City Staff believe this requirement is excessive, however the developers believe it is in their best interests.) The Agreement includes indemnity provisions to ensure that neither the Region nor the City will incur any costs should there be any challenge to the requirement to contribute to the road improvements. The developers' group has agreed to defend or fund the defence by the Region or the City of any condition imposed on new development in respect of any development application or building permit application within the affected area. The affected area will consist of two concentric circles of land defined from the centre point of the intersection of McLeod Road and the Queen Elizabeth Way. The inner circle will have a radius of 395 metres. Within this circle, a contribution will be required from the developer of any form of structure that has a measurable floor area. The outer circle will have a radius of 800 metres. Within the area defined by the outside of the inner circle and the inside of the outer circle (the area between 395 and 800 metres from the centre point of the intersection of Mcleod Road and August 31, 2009 - 3 - L- 2009 -36 the QEW), a contribution will be required from any person seeking to develop a land use which consists of a "shopping centre, stadium, fair ground, race track, drive -in theatre, or any other purpose that causes persons to congregate in large numbers ". Staff would much prefer that the MTO look after its own affairs and contract directly with the developers itself. However, the MTO refuses to do so and continues to look to Municipal Staff to facilitate their requirements. Staff has gone so far as to meet with the Minister of Transportation in an attempt to secure a change in approach. The attempt was not successful. Given the inflexibility of the MTO and given the desirability of the developments proposed by the 7 developers and of restoring the ability of the owners of the lands in the affected area to develop their lands, Staff are recommending the Agreement as described in this Report. Recommended by: Approved by: Respectfully submitted: KB /sm Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer August 31, 2009 CD- 2009 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario NiagaraJalls CANADA Members: Re: CD- 2009 -11 Renaming of Highway 420, Part 2 RECOMMENDATION: That Council decide whether to choose a name for the designating of Provincial Highway 420. BACKGROUND: On June 29, Council received report CD- 200907, Renaming of Highway 420. The report outlined the process for designating a Provincial highway and the various suggested names that were solicited through the City's website. Council asked that the list be pared down and staff come back with some specific recommendations. Feedback staff received from various Council members was that the name should have a local connotation and/or honour the veterans. There has been comment that with the closure of Niagara Falls Memorial Arena the word "memorial" should be incorporated. If the highway was to be named after a notable person that person should have a connection with the community, historical or otherwise, and not have had any other monument or memorial named after them. From this feedback, staff would pare the list down to the following suggested names, which are subject to modification. The full list is contained in the former report, which is attached: • Niagara Memorial Veterans Highway • Niagara Falls Expressway • Father Hennepin Memorial Parkway • Laura Secord Parkway • Nicola Tesla Highway As an aside, it should be noted that staff is still working with the Region to get Roberts Street renamed as Falls Avenue. P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks August 31, 2009 For Council's information the list of dedicated highways in Ontario is as follows: Hwy 21 - Bluewater Veterans Highway Hwy 62 - Hastings & Prince Edward Regiment Commemorative Highway Highway 401 - Highway of Heroes Highway 416 - Veterans Memorial Highway Highway 405 - General Brock Parkway As a reminder, the process for the designating of a Provincial highway is as follows: ► Define the limits of the highway to be dedicated; ► Identify the group or individual being posthumously recognized; • Provide supporting rationale for the proposal; ► Include a Council resolution from each Municipality /First Nation that the highway passes through supporting the highway dedication. ► Provide written support of the highway dedication from the MPP(s) of the riding(s) that the highway passes through. ► The municipality be responsible for the approximate cost of $1,000 for signage and apply for an encroachment permit. CONCLUSION: The list of suggested names for designation of Highway 420 has been pared down for Council's consideration. It is suggested that if Council chooses a name, the name should have some resonance with the community. Upon approval of a suggested name, staff will prepare the appropriate resolution for a forthcoming meeting. Recommended by: Approved by: Respectfully submitted: I x" fi Dean Iodide, C' y CI - 2 - CD- 2009 -11 K. E. urden, Executive Director of Corporate Services Ken T dd, Chief Administrative Officer June 29, 2009 Niagaraaaaaaa a ils CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -07 Renaming of Highway 420 RECOMMENDATION: That Council choose a name for the designating of Provincial Highway 420. BACKGROUND: CD-2009-07 At the March 23rd, 2009 meeting, Niagara Falls City Council unanimously passed a motion that staff investigate the renaming of Highway420 and solicit suggestions from the public. A number of Provincial highways have been renamed. A stretch of Highway 401 was recently renamed the Highway of Heroes. The nearby Highway405 was designated as the General Brock Parkway in 2006. Process The process for the designating of a Provincial highway is as follows: • Define the limits of the highway to be dedicated; ▪ Identify the group or individual being posthumously recognized; • Provide supporting rationale for the proposal; Include a Council resolution from each Municipality/First Nation that the highway passes through supporting the highway dedication. • Provide written support of the highway dedication from the MPP(s) of the riding(s) that the highway passes through. Final approval of a highway dedication rests with the Minister of Transportation. 110-Queen P.O 'Bok 1023 Niagara Falls, ON, Canada L2E6X5 905- 356 -7521 wwvanlagarafalls.ca Corporate Services Department Clerks Working Together to Serve Our Community June 29, 2009 - 2 - CD- 2009 -07 As you will note, the process for renaming or designating a highway is relatively straightforward. One important proviso is that the proponent requesting the signs shall be responsible for all costs associated with the manufacturing, installation and maintenance of these signs, including permit fees. An encroachment permit is required for all signs installed as a result of the request to name the highway. As of the writing of this report, staff was still waiting to hear from the Ministry of Transportation (MTO) on associated costs, Suggested Names After the Council motion, staff utilized the City's website to solicit possible names. There were more than one hundred submissions to the website. Some submissions suggested that the status quo be maintained. Other suggestions came through other methods (letter and e- mail). A break down on the types of proposed names is attached. A full listing of submissions (profane and legitimate) is available through the Clerks Office. The attached list outlines the suggested names that may meet the MTO criteria. Highway 420 vs. Roberts Street The process of dedicating or renaming the provincial highway deals strictly with that highway; therefore, the portion of the highway proposed to be renamed runs from the Q.E.W. (Queen Elizabeth Way) t� Stanley Avenue. It does not entail the Regional Road, also known as Roberts Street, that the highway runs into. As an aside, there may be a proposal coming forward to rename Roberts Street in the future. Staff would suggest that the geographically- related names be considered for the potential renaming of Roberts Street. Also, it would be prudent to avoid names that may cause confusion for first responders to emergencies because of the existence of similarly named streets (i.e., Cataract, Fallsview etc.). CONCLUSION: Upon the approval of a recommended name for the designation of Highway 420, staff will complete the steps as outlined by the Province. An appropriate resolution will be prepared for the next Council meeting and the request will be submitted to the Regional Municipality of Niagara and Kim Craitor, M.P.P. Recommended by: Approved by: Respectfully submitted: K. E. Burden, Executive Director of Corporate Services Ken i rodd, Chief Administrative Officer SUGGESTED NAMES Military/ Veteran Related Suggestions ■ Veterans Memorial Highway • War & Peacekeeping Veterans Way • Freedom Road/ Highway to Freedom • Remembrance Way/ Highway of Remembrance • Niagara Veterans Way/ Canadian Veterans Way / Veterans Memorial Drive • The Falls Memorial Highway/ Niagara Memorial Highway/ Canadian Memorial Highway/ Memorial Gateway • Fallen Heros Highway • Tyler Crooks Memorial Drive/ Memorial Highway • Royal Canadian Regiment Highway/ Drive • Victory Lane • Naval Centennial Highway • Truth Honour. & Valour Parkway ■ Patriots Parkway • Liberty Way ■ Military Highway Notable Names `(Nikola) Tesla Highway - inventor of AC (alternating current) • Adam Beck Parkway - politician/ Ontario Hydro Chairman • Winston Churchill Way - British Prime Minister • Barbara Frum - CBC Broadcaster, raised in Niagara Falls • Laura Secord Parkway - War of 1812 heroine • Pierre Elliot Trudeau Highway -15 Prime Minister of Canada • John Lennon Memorial Peaceway - musician, peace activist, Beatle • Tecumseh - Native leader • Father Hennepin Memorial Parkway - First non - native discover of the Falls • Tyler Crooks Memorial Drive/ Memorial Highway - recently slain soldier from Niagara Region • Jack Shapton Parkway - Niagara Falls Fire Chief, died in the line of duty * Other names suggested were of living individuals (Tommy Chong, Harvey Gordon) Geographical/ Historical/ Miscellaneous Names • Great Gorge Parkway • International Falls Way • Falls Way international/ Fallsview Highway • The Niagara Falls Expressway • Niagara Gateway /Gateway De Niagara • Rainbow Highway/ Rainbow Connection/ Rainbow Memorial • The Highway of Dreams • Thundering Water Way • Maid of the Mist Parkway • Trillium Way • Lovers Lane • Cataract Crossroad/ Way • Horseshoe Heights • Highway of Hopes • Great Wonder Gateway/ Gateway to Great Wonder • Ongiara or Onguiaahra Parkway • Lelawala Way Corporate Services Department Clerk's Division Inter- Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Jack Shapton Niagaraj7alls CANADA DATE: August 31, 2009 Subsequent to the last time the dedication of Highway 420 was on the Council agenda, staff received the attached letter regarding Jack Shapton, a former Niagara Falls Fire Chief killed in the line of duty. The writer has indicated to Mrs Shapton that Council has not made a final decision on the renaming of Highway 420. Also, I have forwarded Jack Shapton's name to the appropriate staff that compile names for the possible naming of streets and parks. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development 1 )% "sic /2„c"4" 4- a a-ez-cL C -49 d 4 /7 /v ts, ;4, r ie„ @,216, y .-,'c miff /9n • 4 -, • 1?X7 4 /9t9 / 9 ` ./C % .IL r r /# 220161 PCP"A 612 611A/n ithic 1l adz 7 0r -3xv- /7fl August 31, 2009 BDD- 2009 -04 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: BDD - 2009 -04 People Mover Project Update NiagaraJalls CANADA RECOMMENDATION: For the information of Council. BACKGROUND: On April 20, 2009, the project team provided Council with a power point presentation (attached) updating Council on the project. The project parameters and priorities presented to Council were as follows: • End RFP process. • A rubber tire system will be pursued and would be operated by the City of Niagara Falls Transportation Services Division - Transit. • This new system would replace and expand the NPC People Mover System, Niagara Transit routes and hotel shuttles. • The system would operate in city streets and in Queen Victoria Park. • Provide service to most major attractions. • The system would have linkages to Lundy's Lane, NPC attractions north of Victoria Ave. (Butterfly Conservatory, Floral Clock) and Downtown. • The system will have year round and seasonal routes. • Critical to ensure Federal contribution of $25 million be available for the proposed rubber tire system. 4310 Queen Street, R0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca • Approach the Provinc t®;'`ttch the Federal Governments $25 million contribution Working Together to Serve Our Community August 31, 2009 - 2 - BDD- 2009 -04 • Finalize commitment by industry partners to: • Establish People Mover stations • Purchase bulk tickets • Decommission their hotel shuttles upon the operation of the rubber tire people mover system • Determine location for vehicle transit garage and storage combined with Transit Operations. • Update the original Federal Government funding proposal and submit to Federal Government. • Complete an operating analysis to be presented to Council before entering into any agreement with the Federal and Provincial Governments. Following the presentation on April 20, 2009 Council passed the following motions. 1. That the RFP process initiated by the Request for Proposal (RFP1) be terminated and staff notifies the proponents. 2. That the City indicates to the Federal Government that the municipality is working diligently and is committed to the People Mover System and that the Federal Government be requested to work with the municipality and extend the June deadline date on the People Mover funding. Current Status Staff, per Council's motion, sent out letters to the three short- listed bidders indicating the RFP process was ended and that a transit operated rubber tire system was being pursued. Letters were sent out on May 21, 2009. As advised by Mayor Salci, at the Council meeting of June 29, 2009, Minister Baird has extended the time frame in which to enter into a contribution agreement with the Federal Government until June 30, 2010. The project team met with staff of Infrastructure Canada on July 14, 2009 in Ottawa to discuss the update to original funding submission in 2001 and the necessary information federal staff requires to be included in the revised submission. The updated document to reflect the proposed rubber tire people mover system will be submitted by the end of September. Capital and Operating Costs The project team is currently assessing operating and capital costs of the proposed system. When completed the cost analysis will be shared with Council. The information will allow Council to make a decision to determine if they wish to proceed with the project. Provincial Funding Request The Mayor's office and staff have been in discussion with the Province to match the Federal funding which would provide a total capital project budget of $50 million. The Mayor's office has received positive feedback regarding the financial request and a August 31, 2009 - 3 - BDD- 2009 -04 expected within the next 6 -8 weeks. Meeting with Tourism Stakeholders Upon a decision by the Province, further meetings will take place with tourism stakeholders and operators. As indicated in the April 20, 2009 - presentation to Council, in order for the service to be successful, tourism operators need to commit to ticket purchases to support the operation of the system. As well those that currently operate separate shuttle systems have agreed to end those shuttles once the new people mover system becomes operational. Stakeholders will also need to be engaged in marketing the system to their guests. Station locations will also need to be finalized. These discussions will be ongoing over the next several months with a Memorandum of Understanding being executed between the City and Industry Stakeholders. Assessment of Transit Facility Location Options IBI has been engaged to undertake an assessment of facility design and location options for a new transit garage and storage facility to replace the existing facility on Bridge Street and accommodate the new people mover rubber tire fleet. The assessment currently underway is looking at the potential of various location options: • A new Greenfield site • A site with an existing building with the potential to be modified • Rebuild and expand the existing transit garage on existing site Preliminary concepts, preliminary programs, size estimates, option cost estimates and construction time lines will be prepared. All options would include continuing the out -of- town bus maintenance activity such that the facility would need to accommodate the size profile of highway /charter tour buses. All option analysis would include consideration of a 20 operating year need. Funding to facilitate this phase of work is being provided by FMC. CONCLUSION: The project team is moving forward with the work identified above. It is staffs intention to provide Council with a review of the operating costs by year's end. It is important to note without matching funding of the Federal contribution the project is in jeopardy of not proceeding. Respectfully submitted: SF /Iw Attachments Recommended by: Serge Felicetti'Director of Business Development Ken Todd, Chief /Administr Administrative ve Officer Niagara Falls People Mover Project Update City of Niagara Falls Community Services April 20th 2009 Purpose of Meeting • Project Update — Rubber Tired Alignment — Ridership & Revenue — Visitation Estimates • Technology Selection • Project Priorities • Implementation Schedule Project Update October 6t" 2008 Meeting • Council Direction to Proceed with Phased Approach • Consensus of Stakeholders & Steering Committee — Flexible, At -Grade System Required — Expedited Implementation Schedule — Rubber Tired System on Public Streets — Year -Round Service to as Many Attractions as Possible — Service to New Convention Centre — Service to Falls (Table Rock) Essential Project Status to April 2009 • Phase One Rubber Tired Alignment Proposed • Ridership & Revenue Forecasts Updated • Preliminary Technical Assessment of Alignments & Intersections • Ongoing Consultation with NPC — Phase One would. Replace and Expand NPC People Mover System • Possible Private Sector Financing of Bus Maintenance Facility • Ongoing Discussions with Federal and Provincial Governments for Further Capital Funding People Mover Alignment • Rubber Tired Technology • Replace and Expand NPC People Mover System, Niagara Transit Routes and Hotel Shuttles • Operating on City Streets and in Queen Victoria Park • Provide Service to Most Major Attraction including New Convention Centre (2011) • Linkages to Lundy's Lane, NPC Attractions North of Victoria Avenue • Year Round & Seasonal Routes we (Apaw. 68km Loop) (AVpma. anon) ea0a: Roble (Approt. 9.21an Loop to Montrose RE) (Apryox. 11.4Ian Loop) r D* osto Centre talon talon) Sbalon boo PaMn9 'N Pa08ep DRAW*4G NO.i PHASE ONE - RIMER TYR W PEOPLE MOVER SYSTEM NIAGARA FALLS PEOPLE MOVERPROJEGT JANUARY 2009: REV. 06 Ridership & Revenue Forecast • Key Assumptions Include QVP Routes, No Hotel Shuttles and High Level of Service • Did Not Consider Fare Sensitivities • QVP is Essential for Ridership — Rapidsview, Table Rock and Maid of the Mist • Casino to Casino Ridership is Important • Upwards of 30,000 Riders on Peak Days • Further Refinement of Forecasts, Consideration of Extended Routes STOP STOP NAME ROUTE ON OFF LOAD 15 Convention Cntr Red 1 761 0 678 16 Dunn St Red 1 965 0 1,267 17 Fallsview Casino Red 1 2,985 0 4,215 18 Skylon Red 1 920 236 4,433 19 Victoria Ave Red 1 252 673 4,109 20 Clifton Hill Red 1 1,301 1,189 3,486 21 Niagara Casino Red 1 2,386 2,844 2,796 22 Falls Av Red 1 1,928 531 4,268 23 Maid of the Mist Red 1 706 121 4,268 24 Queen Vic PI Red 1 0 378 3,961 25 Table Rock Red 1 0 6,232 0 R11 Total 12,205 12,205 26 Table Rock Red 2 175 0 0 27 Queen Vic PI Red 2 105 0 217 28 Fallsview Casino Red 2 0 175 217 29 Dunn St Red 2 0 0 217 30 Convention Cntr Red 2 0 105 0 R12 Total 280 280 Red Line Total Ridership 12,485 12,485 1 Convention Cntr Blue 2,397 0 3 328 2 Marineland Blue 1,556 1,485 2,899 Trips to Rapidsview using Marineland stop 569 3 Chippewa Blue 0 0 2,899 4 Rapidsview Blue 2,135 0 3,770 5 Grenhouse Blue 937 343 4,496 6 Table Rock Blue 6,267 2,018 6,060 7 Queen Vic PI Blue 150 161 5,956 8 Maid of the Mist Blue 708 2,080 5,477 9 Clifton Hill Blue 3,875 4,371 6,513 10 Victoria Ave Blue 709 1,000 6,375 11 Skylon Blue 320 1,315 6,145 12 Fallsview Casino Blue 0 2,493 3,122 13 Dunn St Blue 0 723 0 14 Convention Cntr Blue 0 2,496 0 B11 Total 19,054 19,054 Blue Line Total Ridership 17,496 17,496 Boarding Counts Niagara People Mover System Year 2025 040209 TOTAL TRANSIT SYSTEM Bus Boardings Blue Line Transfers' Total Bus Trips 31,539 1,558 29,981 31,539 1,558 29,981 Visitation Estimates (2008 -2020) • Update of January 2007 PKF Report • Decline in US Visitation Since 2002 will Continue • 2007 Visitation Estimated at 10.1 million Declining to 8.9 million Predicted for 2009 • Recovery Forecasted by 2010 — 9.1 million Visitors • Forecast of Upwards of 12 million Visitors by 2020 People Mover Business Plan • Commitment to Federal Government • Assess Capital & Operating Costs of Proposed System • Assumes That Tourism Industry Will: — Purchase blocks of tickets — Stop hotel shuttle services — Establish privately funded stations • Estimated Capital Cost of Rolling Stock, Station Upgrades and Alignment Improvements - $20 -$25 M • Private Sector Responsible for Bus Maintenance Facility? • System Operated by Niagara Transit • Plan to be Reviewed by Council Technology Selection • Rubber Tired Technology Decision: — Year Round Vehicle — Passenger Comfort and Viewing — Handicap Accessible — Attractive and Branded • Objective: Availability for 2010 Season latest spring 2011 • Decision and Tender No Later Than Summer 2009 Pictures of Possible People Mover Vehicles Nova Bus, Quebec Low -floor articulated buses Future Phases • Discussions with Provincial and Federal Governments to Financially Assist with a Fixed Rail System • Phase Two — Via Rail Station to Rapidsview — Incline Upgrades — Rubber Tyred Routes & Linkages — Private Partner Required (New RFP Process) Future Phases (continued) • Phase Three — Complete "Loop" Through QVP — Rubber Tired Linkages Project Priorities • Ensure Federal Commitment of $25 M • Confirm Alignment • Select & Procure Rubber Tired Technology • Participation by NPC — Agreement with Commission • Commitment by Tourism Industry — Establish People Mover Stations — Bulk Ticket Purchases — Stop Hotel Shuttles in 2010 • Secure Additional Federal & Provincial funding • Vehicle Maintenance & Storage Implementation Schedule • Objective Operating for 2010 Season latest Spring 2011 • Select Technology & Initiate Procurement — Summer 2009 • Decision — Vehicle Maintenance — Summer 2009 • Project Business Plan and Meeting with Federal Representatives — June 2009 • Complete Supporting Design — Year End — Ticketing Protocols — "Agreements" with Tourism Industry — Level and Scope of Service . a3Geiaioeixe ins Jim Williams Chairman Mr. Serge Felicetti City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Fails, ON L2E 6X5 Dear Mr. Felicetti: JK/le Niagara Parks 1 =1 cc: N. Murphy April 15, 2009 Re: People Mover Project At its meeting of March 27 2009, the Commission received an update regarding the City of Niagara Falls People Mover Project. It reviewed and received two draft reports prepared for an upcoming council meeting — "A Phased Approach/Implementation of the Niagara Falls People Mover System" and "The Niagara Falls People Mover Project -- A Status Report". Following this review, a motion was passed directing that staff advise the current People Mover Project team members that the NPC is prepared to participate in the review and possible implementation of the phased People Mover Project having immediate regard to Phase 1. During the deliberations, it was apparent that the Commission felt that it was critical to the success of the project that the $25 million grant previously approved by the Federal Govemment be secured. We are therefore prepared to advance the project development in a timely manner in an effort to assist the City in meeting its application deadlines. 1 look forward to working with you and the team members on this project. Yours truly, ernahan, P. Eng., General Manager THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com, John Kernahan Direct: Phone: 9051356 -2241, ext. 225 Fax: 9051354.6041 E -Mail: lernahan @niagaraparks.com John Kernahan General Manager HO CO ENTERTAINMENT & RESORTS Contortion • Boston rim • Idsey's • TiimHmton's • Weedys S1yI'bS • Moddnnd • GresCadaa Midway • Dinosaur Golf • Wag Goff Rumours •Calla hag Co. • Strike • FdgeFaaory Mayor Ted Salci and Members of Council City of Niagara Falls 4310 Queen St. Niagara Falls, Ontario Members Re: People Mover System Having participated in the People mover system development process over the past 20 years I wish to forward my position of support for the current two phase approach with a more realistic interim implementation plan and the option to consider a longer -term vision build out. The current phase 1 proposed would consolidate and enhance the existing transportation network available in town today including: Niagara Parks, Niagara Transit and various hotel shuttle systems. The consolidation would create a seamless Niagara Fails system providing immediate benefit to our visitors. As we face challenging business conditions due to macro economic conditions and new passport requirements our only option is to focus on improving the visitors Niagara Falls experience. I believe a Niagara Falls transportation system will create a larger destination image extending the visitors length of stay resulting in corresponding expenditure increase. With a more realistic business plan and short-term implementation option I would request that council continues their long- standing support for the Niagara Falls People Mover System. Sincerely Yours Harry N. Oakes President 1.1000 limited • 4960 Clifton Hill • P.O.Dox 60 • Niagata Falls • Ontario • Canada • L2E 658 'kkphone:905.357 -5911 • www.dhanhELcom •Far 905. 3585738 April 20, 2009 April 20, 2009 VIA "FAX" Skylon Tower ran 5200 Robinson Street Niagara Falls, Canada L2G 2A3 Telephone 905 - 356.2651 Fax 905-356-8699 City of Niagara Falls Community Services Department Municipal Works Attention: Mayor Ted Salci and Members of Council 4310 Queen Street, P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Fax No. (905) 356 -2354 Dear Sirs: Re: Proposal respecting the People Mover System We write regarding the current proposal to move forward with a phased approach to the development of the People Mover System The Yerich Group has supported the People Mover Project since discussions began in 1998 regarding an expanded system designed to include the entire tourist area of Niagara Falls. While we are as disappointed as other stakeholders that the Project has not moved forward as we would have wished, we continue to believe that an effective, integrated transportation system is key to the future continued success of Niagara Falls as a world -class tourist destination. As govemment funding for the Project is now threatened unless we move forward immediately with some form of scaled -down version of the People Mover System, it appears that a phased approach to development of the System will be necessary. Consequently, we are now offering our support in principle for the proposal to move forward with a phased development of the People Mover System involving a rubber -tire system using City streets as the first phase of the Project. We do so on the following conditions: (1) that there will be further discussions involving all stakeholders to develop the details of the System, including proposed routes and destinations, and that all stakeholders will have ample opportunity to offer input in this regard (we note here that we do have some concerns regarding the route set out in the 2 presentation made at the meeting on April 14 2009 which we will be prepared to discuss in greater detail at the appropriate time; (2) that support at this stage is without prejudice to any stakeholder's ability to offer input and raise objections in connection with any studies or assessments undertaken, or any approvals being sought, regarding the development of the People Mover System; that there be an acknowledgement that the Tong -term goal of all stakeholders continues to be to proceed with the development of some form of a fixed system which involves the former railway right -of -way, and that there be a long -term plan to proceed with subsequent phases of the People Mover Project (subject, of course, to continued stakeholder involvement at all stages of the Project). We look forward to being able to offer our unconditional support to a final, detailed proposal for the People Mover System when same is developed and in the meantime, we will continue to work diligently with other stakeholders to move forward with this very important project, and to deal constructively with any obstacles which may present themselves along the way. Yours very truly 656508 ONTARIO LIMITED and 1787411 ONTARIO LIMITED ofa The S .' Tower (3) per: G: •rge Y ch, Vice- President a r General Manager April 20,2009 Mayor Ted Salci and Members of City Council City of Niagara Falls RE: Peo Mover System "Ru ber Tire" Dear Mayor Salci and Members of City Council, 1 am very pleased to provide this letter of support for the proposed "Rubber Tire" People Mover System for tourism in the city. Having closely followed the progress of the People Mover Committee since day one I have strongly believed in the importance of transportation to not only our industry but more specifically to our BIA, to our residents and to our employees. Public transportation throughout the entire tourism community is and will continue to be an increasingly essential aspect of our business particularly with the addition of the convention centre. A rubber tire system is the most logical method of providing our millions of visitors with a flexible, convenient and affordable transportation system. In addition, it allows for the important perception of a unified, single fare approach to transportation. Additionally, it will enhance the ability of all areas of rho community to grow and thrive as easy access becomes a viable option. The relative ease of implementation, combined with the significantly lower costs compared to a fixed rail system is an enormous advantage. Being able to utilize the $25 million Federal Government grant, together with the possibility of having the system in place for 2010 season, are exciting prospects! Beyond my belief that the `rubber tire" is the best approach, I have also believed that the system should be an extension of the current services provided by the City and Niagara Transit With the bulk of the capital costs coming from Federal grant, together with the projections for very high rider ship, particularly if the system includes participation with the N.P.C, the outlook for a positive cash flow should be achieved with no additional financial burden. Also, the rubber tire system will afford the opportunity for an implementation schedule relative to the rider ship demand and routes can be easily modified to adjust to our growing industry and community needs. I respectfully ask yo j d our City Council to accept the leadership role in the decision making process with regards to this extremely • ,y initiative. V Hilto tes Niagara FallstFallsview Hilton Niagara Falls Fallaview Hilton Niagara Falls Fallsview 6361 Falsview Boulevard Niagara Falls, ON Canada L2C 3V9 Tel: 905.354.7887 Fax: 9054744707 Toll Free: 1.800. 339 -5023 Reservations: www.hiion.cont or 1.800- HILTONS rim nr, IaVY [:tgrM Apd 17, 2009 Mayor Ted Said and Members of City Council City of Niagara Fats Re: People Mover System A CONFERENCE RESORT AND SPA ao.lIto Y. I Dear Mayor Said and Members of City Counca, I am very pleased to provide this letter of support for the proposed rubber fire People Mover system for our tatty. Having closely foaowed the progress of the Peopte Mover Committee sine day one, l have strongly believed in the Importarrce of lranaporlayon to not only to our Industry but more particularly to our BIA as well as lo car residents and employees. Pubic transportation throughout the entire budam community is and will continue to be an increasingly Integral aspect d our business particularly with the addition of the cornenton centre. A rubber tire system is the most logical method of providing our millions of vistas with a flerdae, convenient and affordable transportation system. In addition, t allows for the important perception of a untied, single fare approach to transportation. h addition Lwiill entrance the ablity of all areas of the community to grow and thrive as easy access becomes a viable option. The Mlative ease of irnplementatian, combined wt the significanfiy lower caste compared to a fared rail system Is an enormous advantage. Being able to utilize the $25 million Federal Government gran!, together with the possibility of having the system in place pr the 2010 season, am exciting prospects! • • In addition to believing that the rubber tire is the best approach, I have the believed that the system shoal bean extension of the current services provided by the City and Negate Transit With a bulk of the capital costs coming from the Federal grant, together with projections for very high rider ship, particularly if the System includes partidpahon with the N.P.C., the outlook for a positive cash tow should be achieved with no additional lbandel burden. Also, the rubber ire system will afford the opportunity for an knplementaton schedule relative b rider ship demand and routes can be easily mod b adjust to our growing Industry and community needs. I respectfully ask you.and our City Council to accept the leade rship rule in the decision making process with regards to this extremely important khtfatve. • Thank you, Tish Dieelionia Americana Conference Resod and Spa 8444 Lundys lane, Niagara Falls, Ontario, Canada 1.211 1114 Tel: 905- 3564444 • Fax: 905 - 356.8576 • Toll Free: 1- 800- Z63 -35s www.atnetkan9ani&gara.com April 16, 2009 ••• 14J JVJ.I.I 6f 4 / J Mayor Ted Saki and Members of City Council City of Niagara Falls Re. "Rubber t ire" Pg.OUgl Mover System Oear Mayor Salci and Members of City Council Thank you. Respectfully submitted, . rr f ten i. Cade - Rea western Cairn Croft Hotel Ott isfURPI %Ana' 1 I am very pleased to provide this letter Of support tor the proposed "Rubber Tire" People Mover System for City tourism. Having served on the People Mover Committee since day one, I have strongly believed that a "robber tire" system is the best methodol providing our millions o1 visitors with a flexible, convenient and - user friendly" transportation system. The relative case of implementation, combined with significantly lower costs (compared to a "fixed rail" System) are huge advantages. tieing able to utilize the S2S million Federal Government grand. together with the possibility of having the system In place for the 2010 season. are exciting prospects! In addition to believing that the "rubber tire" is the best approach, I have also believed that the System should be an extension of the current services provided by the City and Niagara Transit With a bulk of the reek/Sly/Ns coming for the Federal grant, together with projections for very high ridership (providing the System includes panicipation with the N.P.C.), the outlook lot a positive cash flow should be excellent Also, the "rubber tire" system will afford the opportunity for an implementation (capital outlay and operational, schedule relative to ridership demand 1 respectfully ask you and our City Council to accept the leadership role in the decision making process with regards to this extremely important project. eaatt tl'L Apr 17 2009 11:21RM VFC 905-374-0582 Lundjs Lam aIA " P.O. Boa 2S%$ LwW ✓a Lem R.P.O. Niagara Fain, ON L20 7X3 280- 477 -LANG (6263) Eat 1 WWW .IUHDYSLANE *COM L41ey6Lama(m tWaLana.mm Lundy Lane Apra 17 2009 Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: ° Rubber Tire" People Mover System Dear Mayor Saki and Members of City Council: On behalf of the Lundy's Lane BIA I'm pleased to provide this fetter of support for the proposed "Rubber Tire" People Mover System. Conditions seem to be right to allow a phased development approach that will immediately benefit the city as a whole and specifically the over 220 businesses that make up the Lundys Lane BIA. Not only does the Lundy's Lane BIA have a very visible tourism sector, but the services and amenities that it offers our valued residents Is also of Interest to visitors who seek out authentic experiences and Intenctlon with local venues. The proposed "Rubber Tire" People Mover System running throughout the city and specifically Lundy's Lane offers significant flexibility as it relates to serving various markets and allows for seasonal variations that will provide for continual optimization of such a service. The recent fact the Niagara Parks Is seriously involved as a major anchor /catalyst for the system could not be s better alignment of circumstances to move forward. Your support of this proposal Is greatly appreciated. Respectfully, Victor ra General Manager Outstanding Taxes @ July 31, 2009 $ 45,079,839 Penalty charged in July $ 235,424 Taxes Collected during July $ 3,788,210 Outstanding Taxes @ July 31, 2009 $ 41,527,053 Taxes Due September 30, 2009 $ 19,893,559 Taxes Past Due $ 21,633,494 August 31, 2009 F-2009-43 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf7alls CANADA Re: F- 2009 -43 Tax Receivables Monthly Report RECOMMENDATION: For the information of Council. BACKGROUND: This report is being provided as part of the monthly financial reporting to Council by staff. The chart below summarizes the monthly activity during the month of July 2009. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community ,orporate Services Department Finance August 31, 2009 - 2 - F- 2009 -43 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at July 31, 2009 As this chart identifies, the two largest property classes, commercial (28.0 %) and residential (69.8 %) are the largest contributors to the amounts owed as at July 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after seven months of activity This chart shows that 90.4% of the tax accounts have paid in full or have made payment arrangements. Properties Subject to Registration as at June 30 2009 Properties Subject to Registration as at July 31 2009 % Initial Amount 364 364 133,936 Paid in Full 70 78 21.4% Payment Arrangements 262 251 69.0% Ongoing Collection Action 29 32 8.8% Registered 3 3 0.8% 364 364 100% August 31, 2009 - 2 - F- 2009 -43 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at July 31, 2009 As this chart identifies, the two largest property classes, commercial (28.0 %) and residential (69.8 %) are the largest contributors to the amounts owed as at July 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after seven months of activity This chart shows that 90.4% of the tax accounts have paid in full or have made payment arrangements. Taxes Owing % of Property Class Receivables Residential $29,006,556 69.85% Multi- Residential 133,936 0.32% Commercial 11,648,143 28.05% Industrial 684,737 1.65% Farmlands 53,681 0.13% Total Receivables $41,527,053 100.00% August 31, 2009 - 2 - F- 2009 -43 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. Tax Receivables by Property Class at July 31, 2009 As this chart identifies, the two largest property classes, commercial (28.0 %) and residential (69.8 %) are the largest contributors to the amounts owed as at July 31, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after seven months of activity This chart shows that 90.4% of the tax accounts have paid in full or have made payment arrangements. Scheduled Sales Tax Date Number of Properties Taxes Outstanding Amount November 2009 23 $655,624 May 2010 18 $1,509,779 November 2011 2 $240,637 Totals 43 $2,406,040 August 31, 2009 - 3 - F- 2009 -43 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. The chart below shows the number of registered properties by scheduled tax sales date. During the month of July, 2 registered properties were redeemed. The chart also identifies the associated taxes owing on these properties as at July 31, 2009. The outstanding taxes for registered properties represents 5.8% of the total outstanding taxes at month end. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harrison] Director .' Financial Services Ken Burden, Executive Director of Corporate Services Ken Todd, C hief Administrative Officer August 31, 2009 F- 2009 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Respectfully submitted: Niagara 7 alls CANADA Re: F- 2009 -44 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $33,592,369.43 for the period July 3, 2009 to August 12, 2009. BACKGROUND: The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Todd Harris �bn, Direct -r of Financial Services Ken Burde Ken To d, Chief Administrative Officer , Executive Dir 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community for of Corporate Services Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1434285 ONTARIO INC. 180 MARKETING 180 MARKETING 2128884 ONTARIO LIMITED 886995 ONTARIO LTD 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTINC 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTIN( 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTIN( 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPP 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS & SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATION LTD A B C RECREATION LTD A COUPLE OF CHICKS MARKETING LTD ABUNASSAR,NAIFA &ABUNASSAR, KAMEEL ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADSHEAD,DON AECOM CANADA LTD AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALL PRO RENTALS ALL PRO RENTALS ALLEN TREE SERVICE ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMEC EARTH & ENVIRONMENTAL ANDERS,CHRIS ANGER,RONALD ANIXTER CANADA INC ANTOLICH,MARK ANTONIO,CHUCK APPLIED RESEARCH ASSOCIATES INC AQUAM INC AQUAM INC AQUICON CONSTRUCTION CO LTD AQUICON CONSTRUCTION CO LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARMENTLCARMEN ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF MUNICIPALITIES OF ONTARIO B & B LIFT TRUCK SERVICE B & C TRUCK CENTRE (PARTS) 8 & C TRUCK CENTRE (PARTS) B & TRUCK CENTRE (PARTS) B & S POOL SERVICES BAIN PRINTING LIMITED BANK OF MONTREAL BANK OF MONTREAL BANK OF NOVA SCOTIA BARRY BRYAN ASSOCIATES (1991) LTD BASQUE,SYLVIO BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BEAULIEU,JULIETTE BELL CANADA Cheque No 329881 08Ju1 -2009 330660 12-Aug -2009 330229 22Ju1 -2009 330661 12- Aug -2009 330389 29Ju1 -2009 329882 08Jul-2009 330230 22Ju1 -2009 330390 29 -JuI -2009 330662 12- Aug -2009 329883 08-Ju1 -2009 330076 15-Jul-2009 330251 22 -JuI -2009 330231 22Ju1 -2009 330391 29Ju1 -2009 330393 29Ju1 -2009 329884 08Ju1 -2009 330077 15Ju1 -2009 330392 29Ju1 -2009 329885 08 -JuI -2009 330394 29Ju1 -2009 330664 12- Aug -2009 330232 22-Jul-2009 329886 08JuI -2009 329887 08Ju1 -2009 330395 29Ju1 -2009 330556 05-Aug -2009 329888 OS-Jul-2009 330078 15- JuI -2009 330233 22- JuI -2009 330396 29Ju1 -2009 330079 15-Ju1 -2009 330398 29-Ju1 -2009 330558 05-Aug -2009 330557 05 -Aug -2009 330397 29Ju1 -2009 329889 08Ju1 -2009 330080 15Ju1 -2009 330234 22-Jul-2009 330559 05- Aug -2009 330665 12- Aug -2009 330399 29Ju1 -2009 330666 12- Aug -2009 329890 08-Ju1 -2009 330235 22Ju1 -2009 330400 29Ju1 -2009 330081 15-Jul-2009 330667 12- Aug -2009 329891 08Ju1 -2009 330401 29-Jul-2009 329892 O8 -Jul-2009 330402 29 -JuI -2009 330082 15-Jul-2009 330560 05-Aug -2009 330561 05-Aug -2009 329894 OS-Jul-2009 330668 12-Aug -2009 329893 08JuI -2009 330403 29Jul-2009 329896 08Ju1 -2009 330085 15 -Jul -2009 330407 29 -JuI -2009 330562 05- Aug -2009 330083 15-Jul-2009 330236 22Ju1 -2009 330869 12-Aug -2009 330084 15Ju1 -2009 329895 OS-Jul-2009 330405 29Ju1 -2009 330406 29Ju1 -2009 330583 05- Aug -2009 330237 22Ju1.2009 329897 08Ju1.2009 330238 22 -JuI -2009 Cheque Date Purpose COURIER ADVERTISING CONTRACT SERVICES MATERIALS REFUND - DAMAGE DEPOSIT - 6431 REFUND - VACANCY REBATE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES 2009 -04 ASPI EQUIPMENT -LIONS PARK SPLASHR CONTRACT SERVICES -ADDTL WOR CONTRACT SERVICES REFUND - DUPLICATE TAX PAYMENT MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS REFUND - FOOTWEAR ALLOWANCE CONSULTING SERVICES - PEOPLE M CONSULTING SERVICES - PEOPLE M ADMINISTRATIVE- BROKERAGE FEE REFUND - FOOTWEAR ALLOWANCE MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS TRAVEL/MILEAGE CONTRACT SERVICES - DORCHESTE MAINTENANCE/REPAIRS - MCLEOD 8 MATERIALS- CLIFTON HILL LEASES AND RENTS MATERIALS MATERIALS SERVICES -STUMP REMOVAL -MAY 2 MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE PAYROLL REMITTANCE CONTRACT SERVICES - MONTROSE REFUND -CC PURCHASE 08/09 REFUND - FOOTWEAR ALLOWANCE STORES /INVENTORY REFUND TRAVEL/MILEAGE CONSULTING - PAVEMENT MGMT MATERIALS Page 1 of 13 Amount 94.50 315.00 2,100.00 61.95 750.00 806.47 194.25 194.25 418.10 93.23 157.50 156,028.31 99,970.73 3,375.75 6,195.00 807.72 12.50 105.00 20.00 5,922.79 12,822.79 50.28 20.00 2,314.95 1,784.79 1,534.16 81.50 29,706.26 22,351,83 3,699.55 305.10 1,152,60 305.10 20,270.25 603.83 999.29 999.29 1,007.54 999.29 1,016.04 1,977,60 213.57 10.00 7,797.00 150.00 27.00 7,875.00 53.38 MATERIALS 1,025.38 CONTRACT SERVICES-4-PAD 865,092.89 CONTRACT - 4- PAD/BOB GALE AREI 2,073,012.96 STORES/INVENTORY 1,450.96 MATERIALS 1,116.39 REFUND RE: 6861 DORCHESTER BF 750.00 CONSULTING - KALAR SAN SEWER 19,022.45 CONSULTING SERVICES - GARNER S 1,126.21 AMO CONE 2009 - AUG09 619.50 LEASES AND RENTS 578.56 STORES /INVENTORY 508.22 STORES/INVENTORY 585.79 STORES/INVENTORY 146.00 MATERIALS 1,133.87 MATERIALS 317.30 REFUND -TAX OVERPAYMENT -8384' 420.48 REFUND - 090 -005- 15800 - S. STANTE 118.38 REFUND DUPLICATE PAYMENT 6911 445.54 CONTRACT SERVICES 23,771.52 REFUND 100.00 LEASES AND RENTS 166.91 MATERIALS 508.50 TRAVEL/MILEAGE 6&00 REFUND - FOOTWEAR ALLOWANCE 20.00 SERVICES 1,007.89 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELME,DAVE BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENNETT,CATHARINE BERRY,FRAN BETTER SHADE BETTY'S RESTAURANT SICKLE MAIN INDUSTRIAL SUPPLY INC SICKLE MAIN INDUSTRIAL SUPPLY INC SICKLE MAIN INDUSTRIAL SUPPLY INC BIRD,LUCETTE BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BOB ROBINSON & SON CONSTRUCTION BOBOROS,TERRY BONDFIELD CONSTRUCTION COMPANY LIMITED BOONE,GORDON BORDER PONTIAC BUICK GMC LTD BORDER PONTIAC BUICK GMC LTD BOUTILIER,J BOUTILIER,J BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRENNAN,JIM BRETHERICK,JAMES BRIANT,ROBERT BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK & PARTNERS BRODERICK & PARTNERS BUNTIN REID BUNTIN REID BUNTIN REID BURKE GROUP -THE BURLEY,RON BURSE,PAMELA BUSINESS LINK NIAGARA LTD THE BUSINESS LINK NIAGARA LTD THE BUSINESS LINK NIAGARA LTD THE BUTLER,DAVID CP RAIL C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CAMPBELL,FRED CANADA BREAD - ONTARIO #76249 CANADA CULVERT CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN TRANSIT ASSOC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARACCIOLO,CARMELO CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARPENTER,DAVID CARRICK,MARZENNA CARRUTHERS,ANDREW CARSON,NEIL CARTER,JILL CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTURY VALLEN Cheque No. Cheque Date Purpose 330408 29 -Jul -2009 SERVICES 330566 05- Aug -2009 SERVICES 330567 05-Aug -2009 SERVICES 330670 12- Aug -2009 SERVICES 330671 12- Aug -2009 SERVICES 330672 12-Aug -2009 SERVICES 330410 29-Jul-2009 REFUND - SAFETY SHOES 329898 08 -Jul -2009 LEASES AND RENTS- KUBOTA 329899 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330673 12- Aug -2009 MATERIALS SUPPLIED FOR JUDGE't 330239 22 -JuI -2009 MATERIALS 330674 12- Aug -2009 REMITTANCE - COUNCIL DINNER JUL 330087 15Ju1 -2009 STORES /INVENTORY 330240 22Ju1 -2009 STORES /INVENTORY 330675 12- Aug -2009 MATERIALS 329900 O8 -Jul-2009 REFUND - FOOTWEAR ALLOWANCE 330088 15-Jul-2009 MAINTENANCE/REPAIRS 330568 05-Aug -2009 SERVICES - ANNUAL FIRE BRING. M 330411 29- JuI -2009 MAINTENANCE/REPAIRS 329901 08Ju1 -2009 REFUND- FOOTWEAR ALLOWANCE 330412 29JuI -2008 CONTRACT SERVICES 330241 22-Jul-2009 REFUND - SAFETY SHOES 329902 08Ju1 -2009 MAINTENANCE/REPAIRS 330089 15 -JuI -2009 EQUIPMENT -2010 PONTIAC VIBE -1 C 330090 15- JuI -2009 COURSE REMITTANCE 330676 12- Aug-2009 TRAVEL/MILEAGE- GRAVENHURST 330413 29 -JuI -2009 GRANT - AUGUST 2009 330414 29Ju1 -2009 MATERIALS 330677 12- Aug -2009 MATERIALS 330678 12-Aug -2009 REFUND -OMDP1130 329903 08 -JuI -2009 REFUND - FOOTWEAR ALLOWANCE 329904 D8- Jul-2009 REFUND - FOOTWEAR ALLOWANCE 330415 29JUa2009 CONTRACT SERVICES 329905 08JuI -2009 STORES /INVENTORY 330092 15Ju1 -2009 SERVICES - ENCROACHMENT AGREE 330416 29Ju1 -2009 CONSULTING SERVICES- PEOPLE M 329906 08JuI -2009 - OFFICE SUPPLIES 330569 05- Aug -2009 OFFICE SUPPLIES 330679 12- Aug -2009 OFFICE SUPPLIES 330242 22- Jul-2009 CONTRACT SERVICES - CANDIDATE 330680 12 -Aug -2009 REFUND 329907 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 329908 08Ju1 -2009 ADVERTISING 330243 22-Jul-2009 ADVERTISING 330417 29Ju1 -2009 ADVERTISING 329909 08 -JuI -2009 REFUND - FOOTWEAR ALLOWANCE US DRAFT 16- Ju1-09 INTL BRIDGE MTCE 330108 15 -Jul -2009 LEASES AND RENTS- GRADALL REN 330681 12 -Aug -2009 REFUND: DAMAGE DEPOSIT 6643 P. 330570 05-Aug -2009 CONCESSION SUPPLIES 330244 22-Jul-2009 MATERIALS 330418 29Ju1 -2009 SERVICES 330093 15-Jul-2009 CONTRACT - INTL BRIDGE MAINTEN 330420 29-Jul-2009 LEASES AND RENTS 330571 05-Aug -2009 LEASES AND RENTS 329910 08 -JuI -2009 EQUIPMENT 330421 29Ju1 -2009 MATERIALS 330423 29 -JuI -2009 SERVICES 330419 29Ju1 -2009 SERVICES 330094 15 -JuI -2009 SERVICES 330422 29-Ju1 -2009 CONTRACT SERVICES 329911 OS-Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330424 29 -JuI -2009 MATERIALS 330572 05- Aug -2009 MATERIALS 330095 15Ju1 -2009 REFUND-SAFETY BOOTS JUL 09 329912 08Ju1 -2009 TRAVEL/MILEAGE 330097 15 -JuI -2009 REFUND - SAFETY SHOES 330245 22-Jul-2009 SERVICES- ENTERTAINMENT -GO TR 330656 07- Aug -2009 REFUND -LOT GRADING DEPOSIT 329913 08Ju1 -2009 MATERIALS 330098 15-Jul-2009 MATERIALS -4284 BRIARWOOD 330574 05-Aug -2009 MATERIALS -5774 HEMLOCK 330682 12-Aug -2009 MATERIALS 329914 08- JuI -2009 STORES /INVENTORY Page 2 of 13 Amount 65.60 17,287.86 50.49 235.69 176.91 18.01 144.08 1,808.00 20.00 100.00 3,412.50 310.00 881.40 1,387.82 94.92 20.00 42.04 1,708.97 693.00 20.00 4,007,787.80 150.00 56.48 85,595.27 45.00 275.00 16,066.67 10,416.81 992.42 244.22 20.00 20.00 1,380.45 607.59 460.68 735.26 1,260.97 1,876.32 158.66 892.50 293.15 20.00 386.40 1,575.00 136.50 20.00 33,210.20 10,080,00 750.00 52.00 1,601.46 3,427.74 8,227.99 1,464.75 194.25 464.84 5,452.25 551.58 264.60 637.88 7,144.20 17.50 11,047.05 1,735.12 144.08 113.50 140.10 200.00 1,750.00 1,300.07 1,776,37 3,379.86 2,262.55 346.88 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIECA,LUCIANO CHRISTENSEN,TRACI CHYTRAZENON CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CLARK,WILLIAM CLARKE,MAUREEN A CLASSIC FIRE PROTECTION INC COBI CONCRETE SAWING C0131 CONCRETE SAWING COFFEY GEOTECHNICS INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,DOUGLAS COLLEE,DOUGLAS COLLEE,DOUGLAS COMMERCIAL DIGITAL PRINT INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES CORPORATE CONSTRUCTION INC. CORPORATE CONSTRUCTION INC. COWAN,HEIDI CRABBE,CATHY CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CROZIER ENTERPRISES LTD /CROZIER AGENCIES COPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 COPE LOCAL 133 CUPE LOCAL 133 COPE LOCAL 133 CYGNAL TECHNOLOGIES CZABAN,EDWARD& CZABAN, ANN D J PENWARDEN APPRAISALS D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D'AGOSTINO;FRANK DALKE,DORIS DARCH FIRE DARCH FIRE DARCH FIRE DARCH FIRE DATA GROUP OF COMPANIES - THE DAVEY TREE EXPERT CO DAVEY TREE EXPERT CO DAVIDSON ENVIRONMENTAL DAVIES,JOHN DAWDY,LLOYD DAY TIMERS OF CANADA LTD DEEP STEAM DELCAN CORPORATION DELL CANADA INC Cheque No. Cheque Date Purpose 330099 ISJuI -2009 MATERIALS 330246 22Ju1 -2009 STORES/INVENTORY 330426 29 -Jul -2009 STORES/INVENTORY 330883 12- Aug -2009 MATERIALS 329915 08Ju1 -2009 CONTRACT SERVICES - LIFEWORK( 329916 08-JuI -2009 REFUND - FOOTWEAR ALLOWANCE 329917 08-JuI -2009 REFUND - FOOTWEAR ALLOWANCE 329916 08 -Jul -2009 STORES /INVENTORY 330247 22Ju1 -2009 STORES /INVENTORY 330427 29Ju1 -2009 STORES /INVENTORY 330575 05 -Aug -2009 STORES /INVENTORY 330684 12-Aug -2009 MATERIALS 330248 22-Jul-2009 REFUND 330249 22-Jul-2009 CONSULTING SERVICES 330428 29Ju1 -2009 REFUND 330250 22 -Jul -2009 MAINTENANCE/REPAIRS 330576 05- Aug -2009 SERVICES 330685 12- Aug -2009 MAINTENANCE/REPAIRS 330252 22 -Jul -2009 LEASES AND RENTS 330387 24-JuI -2009 CONSULTING SERVICES 329919 08Ju1 -2009 REFUND- RE: 8691 BANTING AVE 329920 08Ju1 -2009 SERVICES 329921 08Ju1 -2009 CONTRACT SERVICES 330687 12- Aug -2009 CONTRACT SERVICES 330101 15Ju1 -2009 SERVICES - COMPACTION TEST /4TH 330429 29-Jul-2009 CONSULTING SERVICES - SINNICKS 329922 08Ju1 -2009 SERVICES 330102 15 -Jul -2009 SERVICES 330430 29 -Jul -2009 SERVICES 330577 05- Aug -2009 SERVICES 330688 12- Aug -2009 SERVICES 329923 08Ju1 -2009 TRAVEL/MILEAGE MAY 09 330103 15-Ju1 -2009 TRAVEUMILEAGE MAY 10 -15/09 330690 12- Aug -2009 REFUND - SAFETY BOOT PURCHASE 330104 15Ju1 -2009 MATERIALS 330253 22Ju1 -2009 MATERIALS 330105 15Ju1 -2009 CONTRACT SERVICES 330431 29-Jul-2009 CONTRACT SERVICES 330579 05- Aug -2009 CONTRACT SERVICES 330691 12-Aug -2009 CONTRACT SERVICES 329924 OS-Jul-2009 CONTRACT SERVICES - TR19 -2008 - 330580 05- Aug -2009 CONTRACT - WASHROOM/CUMMIN( 330106 15-Jul-2009 REFUND - TUITION 330107 15Ju1 -2009 REIMBURSEMENT - MATERIALS 329925 08-Ju1 -2009 CONTRACT - LEROSE F 330254 22 -Jul -2009 CONTRACT SERVICES- CURRAN J 330109 15Ju1.2009 MATERIALS 329926 08Ju1 -2009 PAYROLL REMITTANCE 330110 15Ju1 -2009 PAYROLL REMITTANCE 330255 22-Jul-2009 PAYROLL REMITTANCE 330433 29Ju1 -2009 PAYROLL REMITTANCE 330581 05-Aug -2009 ADMINISTRATIVE 330692 12- Aug -2009 PAYROLL REMITTANCE 330434 29 -Jul -2009 SERVICES 330693 12- Aug -2009 REFUND - SERVICE DEPOSIT 5050 P( 330700 12- Aug -2009 CONTRACT- APPRAISAL 5956 MAIN f. 330117 15 -Jul -2009 MAINTENANCE/REPAIRS 330258 22 -Jul -2009 MAINTENANCE/REPAIRS 330695 12-Aug -2009 REFUND: DAMAGE DEPOSIT 8493 G 329927 08-Jul-2009 REFUND - FOOTWEAR ALLOWANCE 329928 08Ju1 -2009 MATERIALS 330111 15Ju1 -2009 MATERIALS 330435 29 -Jul -2009 MAINTENANCE/REPAIRS #517 330582 O5- Aug -2009 MATERIALS 329929 08-Ju1 -2009 MATERIALS 329930 08-JuI-2009 CONTRACT SERVICES - DORMANT TI 330583 05- Aug -2009 MATERIALS 330256 22 -Jul -2009 SERVICES 329931 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 329932 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330696 12-Aug -2009 MATERIALS 330112 ISJuI -2009 SERVICES 330113 15Ju1 -2009 CONSULTING SERVICES - KALAR -LL - 330114 15Ju1 -2009 MATERIALS Page 3 of 13 Amount 154.85 242.72 73.37 964.14 1,644.30 20.00 20.00 988.99 16.78 981.33 4,886.23 214.80 300.00 698.00 300.00 5,853.52 6,940.50 5,841.23 881.40 591.25 750.00 512.46 548.63 590.63 282.50 4,714.50 47.20 220.87 495.14 512.05 264.87 574.07 259.33 139.26 124.87 12.88 20,629.80 20,508.45 73.84 21,962.49 17,043.35 114,228.18 557.59 92.58 845.40 7,599.40 3,516.56 4,305.44 4,348.18 4,365.79 4,439.31 4,427.20 4,395.74 2,943.94 750.00 3,622.50 784.69 189.00 750.00 20.00 355.49 168.74 686.91 1,286.35 5,962.18 1,989.42 223.80 81.90 7.50 20.00 43.30 409.50 3,414.60 578.15 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DELPHI BANQUET FACILITIES DEMESA INC DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEURLOO,JOAN DEVRIES,RICK DEVRON PIPE SALES DFA INFRASTRUCTURE INTERNATIONAL INC DIPIETRO,MARY & SAL& TARTAGLIA, ANN & CARMEN DIRECT EQUIPMENT LTD DIRECT EQUIPMENT LTD DIRECT LINE ENVIRONMENTAL SERVICES INC DOAN HELEN DOBBIN,DEBI DRAFTING CLINIC CANADA LTD DRAGONETTE,ERNEST DRAWING CENTRE DRT CUSTOM HOMES & RENOVATIONS INC DUERKSEN,ANGELA DUN -MAP INC DUPUIS,ULY E3 LABORATORIES EASTLAND GRAPHICS EDUCATIONAL NEWS NIAGARA EDWARDS,WAYNE ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENDURA CONSTRUCTION LTD ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE TIME RECORDING SOLUTIONS ETHERINGTON,DAVE EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FAB TEX FILTRATION INC FAIELLA,EILEEN FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FANSOLATO,WAYNE FARNAN,GARY R FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEREN SIGNS & AWNINGS LTD FERON,JEANNETTE FERRANTE,PRISCILLA FIELD OF DREAMS FIRE GROUP FIRE SAFETY DISTRIBUTION CENTRE FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD Cheque No. Cheque Date Purpose 330897 12- Aug -2009 MATERIALS 330698 12 -Aug -2009 SERVICES -6 MO MAINTENANCE RKI 329933 08 -Jul -2009 MATERIALS 330115 15 -Jul -2009 MATERIALS 330584 05-Aug -2009 MAINTENANCE/REPAIRS 329934 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330585 05-Aug -2009 REFUND - SAFETY SHOES 330116 15 -Jul -2009 MATERIALS 330257 22Ju1 -2009 SERVICES -NF FOUNDATION DRAIN I 330436 29Ju1 -2009 GRANT RE: CB &FIG- 2009 -003 329935 08JuI -2009 MATERIALS 330899 12 -Aug -2009 MAINTENANCE/REPAIRS 330437. 29Ju1 -2009 MAINTENANCE/REPAIRS 330259 22Ju1.2009 REFUND -6 GRAVE PLOT 330701 12-Aug -2009 REFUND- OMDP1117 330438 29-Jul-2009 SERVICES 329936 08 -Jul -2009 REFUND - BILLING ADJUSTMENT (WA 330439 29-Ju1 -2009 MATERIALS 330702 12- Aug -2009 REFUND: DAMAGE DEPOSIT 330118 15Ju1 -2009 TRAVEL/MILEAGE 330586 05- Aug -2009 MATERIALS 330119 - 15 -Jul -2009 REFUND - TUITION JUL 09 330440 29Ju1 -2009 CONTRACT SERVICES 330260 22Ju1 -2009 MATERIALS 329937 08-Ju1 -2009 ADVERTISING -ST MICHAEL HS OPEI 329936 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330441 29-Jul-2009 MATERIALS 330587 05- Aug -2009 MATERIALS 330261 22 -Jul -2009 CONSULTING SERVICES- BRIDGE/C1 329939 08-Ju1 -2009 MATERIALS 330120 15-Ju1 -2009 MATERIALS 330262 22Ju1.2009 MATERIALS 330442 29Ju1 -2009 MATERIALS 330263 22Ju1 -2009 REMITTANCE - INSURANCE PREMIUK 330121 15Ju1 -2009 UTILITIES 330264 22 -Jul -2009 UTILITIES 330443 29-JuI -2009 UTILITIES 330122 15 -Jul -2009 CONTRACT SERVICES -3724 SPRING 330705 12 -Aug -2009 CONSULTING SERVICES- CUMMING( 330444 29-Jul-2009 SERVICES - ANNUAL MONITORING 330706 12-Aug -2009 MATERIALS 330707 12- Aug -2009 TRAVEUMILEAGE JUNE 09 329941 08Ju1 -2009 REFUND- FOOTWEAR ALLOWANCE 329942 08-Ju1 -2009 MATERIALS 330445 29Ju1 -2009 MATERIALS 329943 08Ju1 -2009 CONTRACT - 4836 -4846 ONTARIO 330123 15 -Jul -2009 CONTRACT - 5346 SECOND 330265 22Ju1 -2009 CONTRACT - 6036 DELAWARE 330446 29- JuK2009 CONTRACT - 5856 ROBINSON 330588 05-Aug -2009 CONTRACT - LUNDYS LANE 330708 12 -Aug -2009 CONTRACT - 4697 FERGUSON 330447 29-Jul-2009 MAINTENANCE/REPAIRS 329944 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330448 29 -Jul -2009 MAINTENANCE/REPAIRS #52 329945 08 -Jul -2009 MAINTENANCE/REPAIRS 330124 15 -Jul -2009 MATERIALS -RE: 5774 HEMLOCK 330449 29-Ju1 -2009 MAINTENANCE/REPAIRS 330709 12 -Aug -2009 SERVICES 330125 15-Jul-2009 - TRAVEUMILEAGE 330710 12-Aug -2009 REFUND SAFETY BOOT PURCHASE 330266 22- Jul-2009 MATERIALS 330589 05-Aug -2009 MATERIALS 330711 12 -Aug -2009 MATERIALS 330712 12- Aug -2009 COURIER 330590 05-Aug -2009 MATERIALS 329946 OS-Jul-2009 REFUND - FOOTWEAR ALLOWANCE 329947 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330267 22 -Jul -2009 MATERIALS 330126 15-Ju1 -2009 CONTRACT SERVICES -5793 SPRING 330591 05- Aug -2009 MATERIALS 329948 08Ju1 -2009 MAINTENANCE/REPAIRS 330268 22Ju1 -2009 MAINTENANCE/REPAIRS 330450 29- Jul -2009 MAINTENANCE/REPAIRS 330592 05- Aug -2009 SERVICES Page of 13 Amount 1,785.28 519.75 1,963.96 556.93 322.39 20.00 150.00 1,979.76 10,401.30 2,903.50 2,459.22 1,524.99 275.52 2,910.00 253.15 281.34 4,088.50 174.47 750.00 258.50 1,310.80 1,000.00 3,783.56 693.00 64.00 20.00 3,638.72 1,977.50 3,826.20 3,917.21 1,697.66 2,354.46 703.43 33,809.55 106.25 3,415.96 1,278.16 805.88 2,551.50 4,052.36 135.43 70.00 140.00 368.38 1,842.74 588.00 1,312.50 630.00 5,727.75 973.35 701.40 598.90 2000 700.00 292.16 688.94 77.18 180.08 275.00 150.00 1,896.12 158.11 977.32 67.91 1,908.35 20.00 20.00 497.20 757.66 356.47 145.87 791.58 483.81 1,732.41 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRETZ,LINDA G & K SERVICES CANADA INC G P S PURSUIT INC GABRIELES CUSTOM CATERING GALT MACHINE KNIFE & SAW GALT MACHINE KNIFE & SAW GAULD NURSERIES LTD GAULD NURSERIES LTD GAULD NURSERIES LTD GB ENERGY CONSULTING INC GE CANADA EQUIPMENT FINANCING G P GEORGE BAILEY GEORGE BAILEY GERRIE ELECTRIC WHOLESALE LTD GERRIE ELECTRIC WHOLESALE LTD GIBBONS CONTRACTING LTD GIBBONS CONTRACTING LTD GIONET, GUY GLOBALSTAR CANADA SATELLITE CO GLOBALSTAR CANADA SATELLITE CO GLUMAC,MIKE& GLUMAC, BARB GRANDOS,LILIAN GRAVELLE,DON GRAVELLE,MIKE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIFFITHS,DAVID GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY HALCO 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 HAMILTON,STEPHEN HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HARRIMAN JOHN HARRISON,TODD HEUSERS STEEL WORKS LTD HICKS,BRUCE HICKS MORLEY HAMILTON STEWART STORIE LLP HILL, MARTHA HILL,MIKE HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HOLMAN GEOFF HR PROACTIVE INC HUMAN SOLUTIONS CANADA INC HUNTON,GAIL HUSSEY,LOUIS Cheque No. Cheque Date 330269 22 -Jul -2009 329949 08 -Jul -2009 330127 15Ju1 -2009 330451 29-Jul-2009 330593 05-Aug -2009 330270 22Ju1 -2009 330452 29Ju1 -2009 330271 22Ju1 -2009 329950 08JuI -2009 330595 05-Aug -2009 330456 29-Jul-2009 330272 22-Jul-2009 329951 08JuI -2009 330713 12- Aug -2009 329952 OS-Jul-2009 330128 15-JuI-2009 330273 22Ju1 -2009 330453 29Ju1 -2009 330454 29 -Jul -2009 330275 22-Jul-2009 330714 12- Aug -2009 329953 DS-Jul-2009 330455 29- Jul -2009 330545 29 -Jul -2009 330804 12- Aug -2009 330594 05-Aug -2009 330129 15 -JuI -2009 330715 12- Aug -2009 330716 12 -Aug -2009 330457 29-Ju1 -2009 329954 08 -Jul -2009 329955 08 -Jul -2009 330458 29Ju1 -2009 330596 05 -Aug -2009 330717 12- Aug -2009 330459 29Ju1 -2009 329956 08Ju1 -2009 330276 22-Jul-2009 330460 29-Jul-2009 330718 12-Aug -2009 330277 22Ju1 -2009 330719 12-Aug -2009 329957 08Ju1 -2009 329958 08Ju1 -2009 330131 15Ju1 -2009 330278 22Ju1 -2009 330597 05- Aug -2009 330720 12- Aug -2009 330132 15-Ju1 -2009 329959 08-Ju1 -2009 329960 08Ju1 -2009 329961 08-Ju1 -2009 329962 08Ju1 -2009 330462 29-Ju1 -2009 330598 05-Aug -2009 330463 29-Ju1 -2009 330599 05- Aug -2009 330464 29 -Jul -2009 330721 12 -Aug -2009 330279 22-Jul-2009 330465 29Ju1 -2009 330133 15Ju1 -2009 330280 22Ju1 -2009 330281 22Ju1 -2009 330466 29Ju1 -2009 329963 08Ju1 -2009 330224 17Ju1 -2009 329880 03- Jul -2009 329964 08 -Jul -2009 330467 29 -Jul -2009 330134 15 -Jul -2009 330468 29-JuI -2009 330469 29-Jul-2009 329966 08Ju1 -2009 Purpose REMITTANCE STORES/INVENTORY MATERIALS STORES/INVENTORY STORES/INVENTORY MAINTENANCE/REPAIRS -CATCH BA TRAVEUMILEAGE REMITTANCE - CLAIMS BILLING DEDI REFUND-FOOTWEAR ALLOWANCE MATERIALS ADVERTISING REMITTANCE MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS -TREES MATERIALS -TREES MATERIALS -TREES CONSULTING SERVICES LEASES AND RENTS SERVICES MATERIALS MATERIALS MATERIALS CONTRACT- GARNER SW SAN /PUMF CONTRACT- GARNER SW SAN /PUMI REFUND: DAMAGE DEPOSIT BP200f SERVICES SERVICES REFUND -RE: BP2008- 122317905 WE SERVICES REFUND - FOOTWEAR ALLOWANCE REFUND MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE CONTRACT -WEEDS -2700 MEWBUF CONTRACT - 6822 & 6796 CALAGUIR CONTRACT SERVICES CONTRACT - 6629 -6631 LL & 6621 LL SERVICES - INTERFLEET GIS SERVICES REFUND - FOOTWEAR ALLOWANCE CONTRACT SERVICES -CITY STREE MATERIALS OFFICE SUPPLIES STORES/INVENTORY STORES /INVENTORY STORES /INVENTORY REFUND - FOOTWEAR ALLOWANCE REFUND - FOOTWEAR ALLOWANCE REFUND - FOOTWEAR ALLOWANCE LEASES AND RENTS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS MATERIALS TRAVEUMILEAGE PETTY CASH JUN 9 -JUL 20/09 MAINTENANCE /REPAIRS CONSULTING SERVICES REFUND /REIMB/MILEAGE & DUES MATERIALS REFUND - SAFETY SHOES SERVICES REFUND - FOOTWEAR ALLOWANCE TRAVEUMILEAGE GRANT -CB &FIG - 04/2008- >1612008 E) TRAVEUMILEAGE JUNE 2009 TRAVEUMILEAGE CONSULTING SERVICES REMITTANCE -EAP JULY 09 TRAVEUMILEAGE REFUND - FOOT WEAR ALLOWANCE Page 5 of 13 Amount 11,290.00 1,053.90 163.94 969.18 198.59 10,520.06 89.00 3,117.67 20.00 267.18 52.50 287.66 159.33 44.07 723 20 393.58 1,807.88 2,598.75 1,000.05 360.00 280.00 384.20 259.34 56,158.08 6,608.83 750.00 13.44 139.89 750.00 250.00 20.00 15.00 1,757.82 30.50 228.02 34.00 1,945.13 724.50 3,811.51 661.50 2,370.79 538.56 20.00 22,856.63 4,388.07 222.64 5,577.08 434.27 1,228,88 20.00 20.00 20.00 1,864.50 358.05 358.05 2,500.13 28.25 146.00 742.94 29,411.61 4,481.00 1,508.65 135.60 150.00 876.75 20.00 263.86 274,998.51 162.50 94.50 2,100.00 297.53 85.00 20.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HUSSEY,SHIRLEY HYDRASERV LIMITED CECO ADVANCED ARENA PRODUCTS CECO ADVANCED ARENA PRODUCTS CI CANADA INC CI CANADA INC KON OFFICE SOLUTIONS INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NGENIOUS SOFTWARE o/a 530640 ONTARIO LIMITED NNOVATIVE SURFACE SOLUTIONS CANADA NTEGRITY INDUSTRIAL ABSORBENT PRODUCTS OANNONI,CAROLYNN J W IVES ENTERPRISES JACKET CELLAR THE JACKET CELLAR THE JACKSON,DAVE JACKSON,DAVE JACKSON,DAVE JACKSON,JEFFREY JAGGER HIMS LIMITED JARRETT,DAVE JASON STEELE CONTRACTING INC JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JORDAN,SHAWN& JORDAN, KELLY JOUDREY,MICHELLE JOURNAL LE REGIONAL DIVISION OF ALTO INC JUDSON,PATRICIA KAN DU POOLS LTD KELLY DIGS LANDSCAPING KERRY T HOWE ENGINEERING LTD KHAN,WALEED KIN CANADA KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KOSANOVICH,JOVAN KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KWIK KOPY L STAMAND ENTERPRISES LAKE'S MAINTENANCE LAKES MAINTENANCE LAKES MAINTENANCE LAMBERT,JIM LAPP - HANCOCK ASSOCIATES LTD LAURO,VINCENT LAURO,VINCENT LAYTON,VICTORIA LEMAY,GERALD LEXISNEXIS CANADA INC LIFESAVING SOCIETY LIGHTNING EQUIPMENT SALES LTD UNCOLN GRAPHICS INC. LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIQUID INDUSTRIES CANADA LOVAS STANLEY /RAY & BERNDTSON INC. LOVAS STANLEY /RAY & BERNDTSON INC. LUEY,CATHERINE LUEY,CATHERINE M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACDONALD,JOHN H. MACERA,GUISEPPE MACKINNON,AMANDA MACLEOD,TOM& MACLEOD, LORI Cheque No. Cheque Date Purpose 329965 OS-Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330282 22Ju1 -2009 MATERIALS 329967 08Ju1 -2009 MAINTENANCE/REPAIRS 330470 29Ju1 -2009 MAINTENANCE/REPAIRS 329968 08 -Jul -2009 STORES /INVENTORY 330471 29-Jul-2009 MATERIALS 330135 15-Jul-2009 SERVICES -PSLD RENEWAL -AUG 4/0 330723 12-Aug -2009 MATERIALS 330136 15Ju1 -2009 MATERIALS 330602 05- Aug-2009 MATERIALS 330283 22 -JuI -2009 MATERIALS 330659 10- Aug -2009 TRAVEUMILEAGE - AMO PER DIEM 330473 29-Ju1 -2009 STORES/INVENTORY 330137 15-Jul-2009 MATERIALS 330472 29Ju1 -2009 MATERIALS 329989 08Ju1 -2009 TRAVEUMILEAGE 330138 15JuI -2009 REFUND 330724 12- Aug -2009 TRAVEUMILEAGE JULY 09 329970 08Ju1 -2009 TRAVEL/MILEAGE 330284 22 -JuI -2009 MATERIALS 329971 08JuI -2009 REFUND - SAFETY BOOTS REIMBURI 330725 12-Aug -2009 MAINTENANCE/REPAIRS-BOULEVAF 330139 15Ju1 -2009 EQUIPMENT 330285 22 -JuI -2009 MAINTENANCE/REPAIRS 330728 12 -Aug -2009 SERVICES 330140 15- JuI -2009 REFUND - TUITION JULY 09 330727 12-Aug -2009 REFUND DAMAGE DEPOSIT 8414 FE 330728 12- Aug -2009 REFUND: DAMAGE DEPOSIT 5677 RI 329972 08Ju1 -2009 ADVERTISING -50TH ANNW. ST. ANT 329973 08 -JuI -2009 REFUND - FOOTWEAR ALLOWANCE 330729 12- Aug -2009 REFUND - SERVICE DEPOSIT - 3446 330288 22- JuI -2009 CONTRACT SERVICES 330730 12-Aug -2009 CONSULTING SERVICES 329974 OS-Jul-2009 MATERIALS 329975 08Ju1 -2009 ADVERTISING 330287 22-Jul-2009 CONTRACT SERVICES 330604 05- Aug-2009 SERVICES 330141 15 -JuI -2009 - REFUND - TUITION REIMBURSEMEN 330289 22-Jul-2009 MAINTENANCE/REPAIRS 330474 29-Jul-2009 CONTRACT SERVICES 329976 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330475 29JUb2009 MATERIALS 330293 22 -JuI -2009 MATERIALS 329977 O8 -Jul-2009 SERVICES 330142 15-Jul-2009 CONTRACT SERVICES 330808 05-Aug -2009 CONTRACT SERVICES 330143 15Ju1 -2009 REFUND - 5720 RECINE CRT. 330476 29Ju1 -2009 CONTRACT SERVICES 329979 08 -JuI -2009 TRAVEUMILEAGE 330732 12- Aug -2009 TRAVEUMILEAGE 329980 08Ju1 -2009 REFUND- FOOTWEAR ALLOWANCE 329981 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330733 12- Aug -2009 MATERIALS 330291 22Ju1 -2009 MATERIALS 329983 08Ju1 -2009 MATERIALS 329984 08Ju1 -2009 MATERIALS 330145 15Ju1 -2009 FUEL 330292 22 -Jul -2009 FUEL 330608 05- Aug -2009 FUEL 330146 15Ju1 -2009 MATERIALS 330147 15Ju1 -2009 CONSULTING SERVICES 330735 12-Aug -2009 CONSULTING SERVICES 330477 29Ju1 -2009 REFUND - 2009 EMPLOYEE PURCHP 330738 12-Aug -2009 REFUND - TUITION 329996 08Ju1 -2009 CONTRACT SERVICES 330154 15Ju1 -2009 MATERIALS 330485 29Ju1 -2009 MATERIALS 330616 05 -Aug -2009 MATERIALS 329995 08 -JuI -2009 CONTRACT SERVICES 330484 29-Ju1 -2009 CONTRACT SERVICES 330478 29Ju1.2009 CONSULTING SERVICES 330294 22Ju1 -2009 REFUND - CITY DEVELOPMENT Clif 330737 12-Aug -2009 REFUND - DAMAGE DEPOSIT - 2318 330479 29Ju1 -2009 REFUND - DAMAGE DEPOSIT - 8404 Page 6 of 13 Amount 20.00 23.71 2,081.75 712.75 304.03 34.93 20,195.36 867.20 78.75 4,264.15 2,073.95 340.00 2,354.96 1,138.48 411.89 83.00 300.00 60.00 375.50 2,100.00 150.00 242.85 3,955.00 220.50 220,50 984.43 750.00 750.00 210.00 20.00 9,306.87 24,490.75 10,204.16 56.62 262.50 7,537.89 254.25 250.00 7,219.49 387.50 17.50 514.04 1,738.80 2,719,09 469.35 175.88 1,750.00 5,197.50 295.00 250.50 20.00 20.00 83.48 232.98 431.80 480.25 25,196.56 3,825.74 25,584.10 745.80 1,138.41 8,872.50 300.00 1,015.00 10,423.13 53.20 2,645.33 213.87 129.15 745.63 6,252.50 7,893.00 750.00 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MAPLE LEAF COLLISION CENTRE MARINE CLEAN LTD MARINE CLEAN LTD MARTENS,TOM MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,BRAD MAVES,DIANE MCALLISTER,JEFFREY JOSEPH MCBURNEY,MICHAEL MCCONNELL,LUCILLE MCCOY CONSTRUCTION CASTINGS MCNAMARA,SUSAN MCRAE,LEN MCRAE,LEN MCRAE,LEN MEDIA PRO INC METHNER,PETER METRO COLLISION SERVICES INC METRO PLUMBING & HEATING METRO PLUMBING & HEATING MG PROMOTIONS MHPM PROJECT MANAGERS INC MICHELLE MACINTOSH COACHING MIGNELLLCARMEN MINERVINLDOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MOLODYNIA,MICHELLE MONTAGUE,ROSE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS & NORTHLAND SUPPLY MOROCCO,ANNA MOROCCO,JOHN MOROCCO,JOHN MORRISSEY,DENYSE MORRISSEY,DENYSE MOSS,HIRRELL MUNICIPAL ASSOCIATES INC MURACA,JACK MURAWSKI,CHESTER MURDOCK,KEVIN MURPHY,D. MURPHY'S MUSIC MUSCAT JR.,R. MYERS,TINA N.S.M FABRICATING LIMITED NATIONAL CAR RENTAL (CANADA) INC NEVILLE,WENDY NEWSVIDEO SERVICE NEXTERRA SUBSTRUCTURES INCORPORATED Cheque No. Cheque Date Purpose 330295 22Ju1 -2009 CONTRACT SERVICES 330148 15Ju1 -2009 CONTRACT SERVICES 330480 29Ju1 -2009 CONTRACT SERVICES 329985 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 329986 08Ju1 -2009 TRAVEUMILEAGE 330149 15Ju1.2009 CONSULTING SERVICES 330481 29Ju1 -2009 CONSULTING SERVICES 329987 08-Ju1 -2009 REFUND - SAFETY SHOES 329988 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330609 05- Aug -2009 REFUND - DAMAGE DEPOSIT - 5167 330738 12 -Aug -2009 REFUND - SECURITY CHECK WITH P 329989 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330296 224u1 -2009 MATERIALS 329990 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330150 15Ju1 -2009 REFUND - LIVESTOCK 330610 05-Aug -2009 REFUND - LIVESTOCK 330739 12-Aug -2009 REFUND - LIVESTOCK VALUERS FEI 330740 12- Aug -2009 MATERIALS 329991 O8 -Jul -2009 REFUND - TERC CANADA - AUTO CI- 329992 08 -Jul -2009 SERVICES 330225 17 -Jul -2009 CONTRACT SERVICES 330741 12- Aug -2009 CONTRACT SERVICES 330151 15-Ju1 -2009 MATERIALS 330297 22 -Jul -2009 CONSULTING SERVICES 330152 15 -Jul -2009 CONSULTING SERVICES 330742 12 -Aug -2009 REFUND - TUITION 329993 08-JuI-2009 TRAVEUMILEAGE 330612 05-Aug -2009 TRAVEUMILEAGE 330300 22Ju1 -2009 REMITTANCE 330301 22Ju1 -2009 REMITTANCE - MARRIAGE LICENCE 330302 22Ju1 -2009 PAYROLL REMITTANCE 330386 24 -Jul -2009 REMITTANCE 330483 29Ju1 -2009 PAYROLL REMITTANCE 330614 05-Aug -2009 ADMINISTRATIVE 330615 05-Aug -2009 ADMINISTRATIVE 330744 12- Aug -2009 REMITTANCE 330745 12 -Aug -2009 REMITTANCE 330088 084u1 -2009 PAYROLL REMITTANCE 330214 15Ju1 -2009 PAYROLL REMITTANCE 330381 22Ju1.2009 PAYROLL REMITTANCE 330548 29 -Jul -2009 PAYROLL REMITTANCE 330855 05- Aug•2009 ADMINISTRATIVE 330810 12- Aug -2009 PAYROLL REMITTANCE 329994 O8 -Jul -2009 PAYROLL REMITTANCE 330153 15 -Jul -2009 PAYROLL REMITTANCE 330298 22-Jul-2009 PAYROLL REMITTANCE 330482 29-Jul-2009 PAYROLL REMITTANCE 330613 05-Aug -2009 ADMINISTRATIVE 330743 12-Aug -2009 PAYROLL REMITTANCE 330155 15Ju1 -2009 CONTRACT SERVICES 330486 29Ju1 -2009 CONTRACT SERVICES 330156 15Ju1 -2009 GRANT 329997 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330488 29Ju1 -2009 CONTRACT SERVICES 330487 29 -Jul -2009 MATERIALS 330748 12- Aug-2009 REFUND - TUITION 329998 08 -Jul -2009 TRAVEUMILEAGE 330746 12- Aug -2009 TRAVEUMILEAGE 330157 15-Ju1 -2009 TRAVEUMILEAGE 330747 12-Aug -2009 TRAVEUMILEAGE 329999 06Ju1 -2009 REFUND FOOTWEAR ALLOWANCE 330749 12-Aug -2009 CONTRACT SERVICES 330303 22Ju1 -2009 REFUND - SAFETY SHOES 330000 08•Ju1.2009 REFUND - FOOTWEAR ALLOWANCE 330617 05 -Aug -2009 REFUND - DAMAGE DEPOSIT 4741 J 330490 29Ju1 -2009 REFUND - SAFETY BOOTS 330489 29 -Jul -2009 LEASES AND RENTS 330750 12- Aug -2009 REFUND • SECURITY CHECK WITH t 330751 12- Aug -2009 LEASES AND RENTS 330318 22•Ju1 -2009 MATERIALS 330001 06Ju1 -2009 REFUND - DUPLICATE PAYMENT Oh 330304 22Ju1 -2009 REFUND CITY CLAIM 330491 29Ju1 -2009 CONTRACT SERVICES 330492 29Ju1.2009 CONTRACT SERVICES - 2006 - 148-05 Page 7 of 13 Amount 1,990.68 18,947.21 9,467.49 20.00 357.50 4,212.03 771.75 101.51 134.00 750.00 40.00 134.00 1,282.51 140.00 60.00 120.00 120.00 353.13 450.00 13,286.48 17,313.95 6,998.70 1,604.01 11,037.88 210.00 165.37 314.50 195.50 8,797.47 19,200.00 38.05 2,000.00 9.71 3,495.78 65,115.09 197.02 7,235.08 100.00 100.00 100.00 100.00 100.00 100.00 1,860.70 742.86 1,862.08 742.86 1,862.08 679.38 2,715.27 406.18 95.00 20.00 377,56 354.26 375.04 252.00 231.00 93.00 84.00 20.00 3,150.00 150,00 20.00 750.00 139.26 1,627.50 40.00 62.15 423.75 20.00 374.75 64.80 2,625.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INC NIAGARA COLLEGE WORKFORCE & BUSINESS DEVELOPMENT C NIAGARA COMMUNITY NEWSPAPERS NIAGARA CONVENTION CIVIC CENTRE NIAGARA CUSTOM POWDER COATING INC NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA GENERAL CONTRACTING NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PROTECTIVE COATINGS NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA SAW SALES AND SERVICE NIAGARA SOUND SYSTEMS NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA WATER CONDITIONING LTD NIAGARA.COM NIAGARA.COM NICHOLS,DAVID NORJOHN CONTRACTING & PAVING LTD NORM'S SERVICE CENTRE 305677 ONTARIO LTD OAKHILL ENVIRONMENTAL INC OAKLANDS GOLF COURSE OATLEY,SHAWN OATLEY,SHAWN OBJECTIF LUNE OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OMERS OMERS OMERS OMERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD OPTIMIST CLUB OPTIMIST CLUB SLO -PITCH CANTEEN PAGENET OF CANADA INC PALMER,WENDALL PALMER,WENDALL PASCENTE,PIETRO PAUL N. KROWCHUK IN TRUST PCO SERVICES CORPORATION PEACEFULL,IAN PEC ROOF MAINTENANCE Cheque No. Cheque Date 330305 22 -Jul -2009 330618 05- Aug -2009 330306 22 -Jul -2009 330493 29- Jul -2009 330494 29Ju1 -2009 330307 22Ju1 -2009 330003 08-Jul-2009 330159 15Ju1 -2009 330226 17 -Jul -2009 330753 12- Aug -2009 330496 29-Ju1 -2009 330002 08Ju1 -2009 330310 22Ju1 -2009 330311 22-Jul-2009 330820 05-Aug -2009 330497 29-Jul-2009 330160 15 -Jul -2009 330498 29Ju1 -2009 330754 12 -Aug -2009 330499 29Ju1 -2009 330161 15Ju1 -2009 330312 22Ju1 -2009 330500 29Ju1 -2009 330004 08 -Jul -2009 330163 15Ju1 -2009 330227 17 -Jul -2009 330313 22 -Jul -2009 330314 22Ju1 -2009 330501 29Ju1 -2009 330502 29Ju1 -2009 330621 05- Aug -2009 330622 05- Aug -2009 330756 12- Aug -2009 330757 12-Aug -2009 330005 08-Ju1 -2009 330006 08Ju1 -2009 330823 05-Aug -2009 330759 12-Aug -2009 330165 15-Jul-2009 330007 08 -Jul -2009 330760 12- Aug -2009 330316 22 -Jul -2009 330503 29-Ju1 -2009 330317 22Ju1 -2009 330495 29Ju1 -2009 330752 12-Aug -2009 330625 05- Aug -2009 330186 15Ju1 -2009 330167 15-Ju1 -2009 330762 12- Aug -2009 330168 15Ju1 -2009 330008 08Ju1 -2009 330763 12- Aug-2009 330504 29 -Jul -2009 330169 15 -Jul -2009 330319 22 -Jul -2009 330505 29Ju1.2009 330626 05-Aug -2009 330170 15Ju1 -2009 330171 15Ju1 -2009 330764 12- Aug-2009 330765 12- Aug -2009 330320 22 -Jul -2009 330321 22 -Jul -2009 330322 224u1 -2009 330506 29Ju1 -2009 330009 08Ju14009 330627 05- Aug -2009 330766 12 -Aug -2009 330767 12- Aug -2009 330605 05- Aug -2009 330768 12-Aug -2009 330323 22Ju1 -2009 330010 08Ju1.2009 Purpose CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT MATERIALS ADMINISTRATIVE ADVERTISING ADMINISTRATIVE CONTRACT SERVICES GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE GRANT CONTRACT SERVICES CONTRACT SERVICES REMITTANCE GRANT REFUND - SERVICE DEPOSIT SERVICES UTILITIES UTILITIES UTIUTIES UTILITIES - WATER ARREARS REMITTANCE -WATER ARREARS UTILITIES REMITTANCE -WATER ARREARS UTILITIES UTILITIES UTILITIES SERVICES UTILITIES CONTRACT SERVICES CONTRACT SERVICES CONTRACT. SERVICES SERVICES MATERIALS SERVICES SERVICES ADVERTISING ADVERTISING SERVICES SERVICES SERVICES REFUND - SECURITY CHECK WITH F CONTRACT SERVICES - 2008 -03 - Pt MAINTENANCE/REPAIRS CONSULTING SERVICES REFUND - SEWER BILLING ADJUSTF TRAVEUMILEAGE TRAVEUMILEAGE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE CONTRACT SERVICES UTILITIES MATERIALS CONTRACT SERVICES REFUND - LIVESTOCK REFUND - LIVESTOCK CLAIMS REFUND - DAMAGE DEPOSIT - 6906 REFUND- TAX SERVICES REFUND - 2009 EMPLOYEE PURCHP CONTRACT SERVICES Page 8 of 13 Amount 7,097.24 2,039.30 533.36 75.76 34,369.00 187.95 903.00 2,134.45 50,000.00 1,864.50 22,120.25 6,571.52 6,571.52 5,988.39 6,571.52 1,416.66 980.00 37,711.84 380.00 30,000.00 750.00 369.00 67.86 3,546.69 4,894.64 19,169.67 13,612.21 2,926.62 12,902.19 78,889.92 5,005.74 10,584.10 4,774.06 5,308.05 105.43 4,172.00 70.00 205.80 21.40 477.75 2,070.16 112.14 420.00 154.35 59.80 59.80 40.00 19,182.48 97.18 17,396.40 12,860.94 19.00 28.00 3,804.94 8.40 4,711.61 8.40 8.40 393,161.80 21,455.38 426,748.50 21,503.28 150.00 577.50 11,544.69 324.00 16.90 400.00 400.00 750.00 320.49 367,50 300.00 449.27 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PEDLAR BICYCLE SHOP INC. PEMBERTON,HOLLY PEMBERTON,HOLLY PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC. PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PRESS LIMITED PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PERFORMANCE POWDER COATING & FASTENERS LTD PETO MACCALLUM LTD. PHILLIPS,GERALD PHOENIX FOUNDRY PTY LTD PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION PITNEY WORKS PITNEY WORKS PKF CONSULTING PLAYPOWER LT CANADA INC T44069C POPKO,SUSAN POST FOODS CANADA CORP POSTAGE BY PHONE POTTS,JESSICA PRATA,GUY PRAXAIR PRIMERANO,MARY PROFESSIONAL ENGINEERS ONTARIO PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PROVINCIAL MAINTENANCE PUBLIC SECTOR DIGEST INC. PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUEENSWAY CHIPPAWA PROPS INC. R & D CONSTRUCTION (NIAGARA) LTD R AND R ASSOCIATES INC. R AND R ASSOCIATES INC. R V ANDERSON ASSOCIATES LIMITED R V ANDERSON ASSOCIATES LIMITED R W HAMILTON LTD RACE MERCHANDISE INC. RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO & ASSOCIATES ARCHITECTS INC RAIMONDO & ASSOCIATES ARCHITECTS INC RAVEN,BONNIE RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL APPRAISALS INC. 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 REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA Cheque No. • Cheque Date Purpose 330011 08-Ju1 -2009 MATERIALS 330172 15Ju1 -2009 REFUND - TUITION REIMBURSEMEN 330769 12 -Aug -2009 REFUND - TUITION REIMBURSEMEN 330770 12-Aug -2009 ADMINISTRATIVE 330012 08-Jul-2009 CONTRACT SERVICES 330324 22Ju1 -2009 CONTRACT SERVICES 330628 05- Aug -2009 CONTRACT SERVICES 330629 05- Aug -2009 MATERIALS 330173 15Ju1 -2009 MATERIALS 330174 15-Jui -2009 SERVICES 330013 08-Ju1 -2009 MATERIALS 330771 12- Aug -2009 CONSULTING SERVICES 330014 08Ju1 -2009 REFUND FOOTWEAR ALLOWANCE 330325 22Ju1 -2009 MATERIALS 330175 15Ju1 -2009 CONTRACT SERVICES 330015 08-Jul-2009 CONTRACT SERVICES - INSPECTIOI 330507 29Ju1 -2009 CONTRACT SERVICES - 2009 -17 SE) 330508 29Ju1 -2009 CONTRACT SERVICES 330772 12- Aug -2009 CONTRACT SERVICES 330773 12- Aug -2009 CONSULTING SERVICES 330016 08-Ju1 -2009 MATERIALS 330017 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330326 22 -Jul -2009 MATERIALS 330630 05- Aug -2009 MATERIALS 330176 15Ju1 -2009 TRAVELIMILEAGE 330177 15Ju1 -2009 TRAVEUMILEAGE 330327 22Ju1 -2009 LEASES AND RENTS 330178 15Ju1 -2009 REFUND - TAX OVERPAYMENT 330018 08Ju1 -2009 ADMINISTRATIVE 330509 29 -Jul -2009 GRANT 330179 15Ju1 -2009 CONTRACT SERVICES - FOURTH A\ 330328 22-Jul-2009 CONTRACT SERVICES - #2008 -186 -C 330180 15Ju1 -2009 CONTRACT SERVICES 330510 29Ju1 -2009 CONTRACT SERVICES 330511 29Ju1 -2009 CONTRACT SERVICES 330019 08Ju1 -2009 COURIER 330181 15-Jul-2009 COURIER 330330 22-Jul-2009 COURIER 330512 29Ju1 -2009 COURIER 330631 05- Aug -2009 COURIER 330775 12- Aug -2009 COURIER 330020 08Ju1 -2009 REFUND - TAX REFUND 330779 12-Aug -2009 CONTRACT SERVICES 330022 08- Jul -2009 CONSULTING SERVICES 330778 12- Aug -2009 CONSULTING SERVICES 330187 15Ju1 -2009 CONTRACT SERVICES 330783 12-Aug -2009 CONTRACT SERVICES 330521 29Ju1 -2009 MATERIALS 330776 12-Aug -2009 MATERIALS 330021 08 -Jul -2009 MATERIALS 330331 22 -Jul -2009 MATERIALS 330777 12- Aug -2009 MATERIALS 330332 22Ju1 -2009 CONSULTING SERVICES 330513 29-Ju1 -2009 CONSULTING SERVICES 330023 08-Ju1 -2009 REFUND FOOTWEAR ALLOWANCE 330514 29- Jul -2009 ADMINISTRATIVE 330024 08Ju1 -2009 PAYROLL REMITTANCE 330182 15Ju1 -2009 PAYROLL REMITTANCE 330333 22Ju1 -2009 PAYROLL REMITTANCE 330515 29Ju1 -2009 PAYROLL REMITTANCE 330633 05 -Aug -2009 ADMINISTRATIVE 330780 12- Aug -2009 PAYROLL REMITTANCE 330026 08-Ju1 -2009 CONSULTING SERVICES 330185 15-Ju1 -2009 CONTRACT SERVICES 330781 12-Aug -2009 CONSULTING SERVICES 330025 08Ju1 -2009 CONSULTING SERVICES 330183 15Ju1 -2009 REMITTANCE - REGIONAL DEVELOF 330184 15Ju1 -2009 MATERIALS 330334 22Ju1 -2009 CONTRACT SERVICES 330335 22Ju1 -2009 CONTRACT SERVICES 330516 29Ju1 -2009 MATERIALS WIRE 10 -Jul -2009 DEBENTURE WIRE 10-Jul-2009 DEBENTURE INTEREST WIRE 13-Jul-2009 DEBENTURE Page 9 of 13 Amount 150.00 217.14 189.30 50.25 525.00 63.00 31.50 110.18 523.50 47.25 169.50 6,050.98 20.00 280.85 8,652.00 43,652.13 127,098.46 252.44 610.28 11,025.00 2,207.38 10.00 5,444.17 21,000.00 519.75 25.00 648.17 966.00 346.50 26,174.95 269,030.20 16,051.83 4,202.68 10,049.71 12,589.50 71.60 100.55 223.48 85.99 116.73 111.87 19,281.06 6,468.00 1,653.75 12,760.13 23,330.09 6,393.29 457.19 1,720.43 613.49 87.64 734.76 4,363.01 1,000.13 20.00 1,402.28 364,376.79 105,573.69 338,424.12 104,428.28 317,415.27 109,761.64 2,625.00 2,625.00 3,801.00 784.62 365,878.39 510.40 100.00 9,528.75 4,877.81 235,413.51 64,784.92 847,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL NIAGARA BICYCLING COMMITTEE REGIONAL NIAGARA FIRE BUFFS REHMAN,BALLIGH -UR RENNIE,GEORGE RESULTS CONTINUUM INC RICHARDSON, BRAD RICHARDSON,MARK ROBBINS,JOAN ROBBINS,RICHARD ROBERTO,PHILLIP ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC ROYAL ENVELOPE LTD RYAN ULC SACCO,DOLORES SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SAFETY TODAY SAFETY TODAY SAFETY TODAY SAFETY TODAY SAFETY -KLEEN CANADA INC. SAFETY - KLEEN CANADA INC. SAKS,ALLAN SALCI,TED SAVOIE,LISA SCERBO,CARMINE SCHENCK,PETER RODNEY SCOTT,JOANNE SCOTIABANK - VISA BUSINESS CARD SCOTIABANK - VISA BUSINESS CARD SDROLIAS,MICHAEL SEICK,WILLIAM SELECT TOTAL SERVICE SENTINEAL CARRIAGES INC SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SEVCIK,KAITLYN SHAHEEN & PEAKER LTD SHARP,MIKE SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SIDEWALKS PLUS SIDHU,HARPREET SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLEX GRINNELL SIMPLISTIC LINES INC SLAPPENDEL GREENHOUSES INC SMITH,ED SMITH,HEATHER SMITH,LEE SNYDER,BILL SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION SPATIAL GEO LINK ST JOHN AMBULANCE Cheque No. Cheque Date Purpose WIRE 13Ju1 -2009 DEBENTURE WIRE 13Ju1 -2009 DEBENTURE INTEREST WIRE 13Ju1 -2009 DEBENTURE INTEREST WIRE 27- Ju1.2009 DEBENTURE INTEREST WIRE 27-Jul-2009 DEBENTURE WIRE 31 -Jul -2009 JUNE WATER/LEACHATE CR WIRE 10-Aug -2009 3RD QUARTER TAX LEVY 330758 12 -Aug -2009 MATERIALS 330517 29Ju1 -2009 SUPPLIES 330186 15Ju1 -2009 TRAVEL/MILEAGE 330027 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330336 22Ju1 -2009 CONSULTING SERVICES 330518 29 -Jul -2009 REFUND - MANDATORY SECURITY 330634 05- Aug -2009 TRAVEL/MILEAGE 330028 08-Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330029 06-Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330782 12- Aug -2009 REFUND - SECURITY CHECK WITH 330519 29Ju1 -2009 CONTRACT SERVICES 330337 22Ju1 -2009 SERVICES 330520 29Ju1 -2009 CONTRACT SERVICES 330338 22Ju1 -2009 MATERIALS 330339 22 -Jul -2009 CONTRACT SERVICES 330635 05- Aug -2009 PETTY CASH 330188 15-Ju1 -2009 CONTRACT 32008- 205 -208 NEW SIDI 330340 22 -Jul -2009 CONTRACT SERVICES - 2008- 205 -08 330341 22Ju1 -2009 MATERIALS 330784 12-Aug -2009 MATERIALS 330342 22Ju1 -2009 MATERIALS 330522 29 -Jul -2009 MATERIALS 330189 15Ju1 -2009 MATERIALS 330343 22Ju1.2009 MATERIALS 330523 29-Jul-2009 MATERIALS 330636 05- Aug -2009 MATERIALS 330785 12- Aug -2009 MATERIALS 330524 29Ju1 -2009 MATERIALS 330637 05- Aug -2009 MATERIALS 330786 12- Aug -2009 REFUND - DAMAGE DEPOSIT - 3658 330525 29Ju1 -2009 TRAVEUMILEAGE 330030 08Ju1 -2009 REFUND - HOUSEKEEPING SUPPLIE 330638 05- Aug -2009 SERVICES 330190 15Ju1 -2009 REFUND - TAX OVERPAYMENT JUNI 330031 08-Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330100 15-Ju1 -2009 MATERIALS 330686 12- Aug -2009 MATERIALS 330526 29Ju1 -2009 REFUND - MANDATORY SECURITY 330032 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330787 12-Aug -2009 CONTRACT SERVICES 330527 29 -Jul -2009 SERVICES 330344 22Ju1 -2009 CONTRACT SERVICES 330528 29-Ju1 -2009 CONTRACT SERVICES 330033 06-Ju1 -2009 TRAVEUMILEAGE 330529 29-Ju1 -2009 CONSULTING SERVICES 330639 05-Aug -2009 REFUND - SAFETY SHOES 330034 08Ju1 -2009 MATERIALS 330345 22Ju1 -2009 MATERIALS 330788 12-Aug -2009 MATERIALS 330346 22Ju1.2009 CONTRACT SERVICES 330789 12- Aug -2009 CONTRACT SERVICES 330530 29-Ju1 -2009 REFUND - LIQUOR LICENSE - 5234 F 330191 15-Ju1 -2009 MATERIALS 330347 22Ju1 -2009 MATERIALS 330531 29Ju1 -2009 CONTRACT SERVICES 330790 12- Aug -2009 MATERIALS 330640 05-Aug -2009 CONTRACT SERVICES 330791 12 -Aug -2009 CONTRACT SERVICES 330193 15- Jul -2009 MATERIALS 330532 29 -Ju1-2009 MATERIALS 330035 06-Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330036 08Ju1 -2009 REFUND - FOOTWEAR ALLOWANCE 330792 12- Aug -2009 REFUND - 2009 EMPLOYEE PURCHP 330037 08Ju1 -2009 REFUND FOOTWEAR ALLOWANCE 330533 29Ju1 -2009 REMITTANCE 330793 12-Aug -2009 CONTRACT SERVICES 330194 15 -Jul -2009 GRANT Page 10 of 13 Amount 200,205.05 198,808.74 304,498.00 62,506.84 370,184.62 1,827,420.73 15,390,525.00 20.00 100.00 141.30 20.00 446.25 40.00 232.50 20.00 20.00 40.00 970.70 4,505.92 652.13 207.36 344.63 535.00 3,688.98 9,751.15 169,60 2,741.06 268.22 302.89 399.34 77.07 54.24 292.90 576.03 2,386.29 2,215.70 750.00 1,155.00 102.17 235.00 62.85 20.00 236,108.37 239,940.49 40.00 20.00 282.50 315.00 593.25 981.75 98.00 934.50 150.00 119.31 33.84 1,711.41 72.17 15,346.07 235.00 1,751.50 508.50 9,161.25 105.09 321.45 435.75 4,203.00 105.94 2.50 20.00 300.00 20.00 70.00 14,060.39 200.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ST JOHN AMBULANCE STAMFORD HOME HARDWARE STAMFORD KIWANIS MUSIC FESTIVAL STAR COLLISION SERVICE STEPHENSON'S RENTAL SERVICES STINSON EQUIPMENT LIMITED STINSON EQUIPMENT LIMITED STITCH IT STOKES INTERNATIONAL STORAGE NIAGARA STORAGE NIAGARA STORRIE,CHARLES STRANGES, LOU STRANGES, LOU STRANGES,TOM STREAMLINE STRONGCO EQUIPMENT STUART,DAVE 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 SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SYKES,RAYMOND TALARIS CANADA INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLOR,KACEY TAYLORS WATER SERVICE TD CANADA TRUST 5172 TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TES INFORMATION TECHNOLOGIES TESKEY,BERNADETTE THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THEAL,BRYAN THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THYSSENKRUPP ELEVATOR THYSSENKRUPP ELEVATOR TIMBRO DESIGN BUILD CONTRACTORS TODD,KEN TOROMONT TOROMONT TORONTO STAMP INC TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. Cheque No. Cheque Date 330535 29 -Jul -2009 330349 22 -Jul -2009 330038 08 -Jul -2009 330039 08-Ju1 -2009 330534 29-Ju1 -2009 330350 22 -Jul -2009 330641 05-Aug -2009 330040 08 -Jul -2009 330794 12- Aug -2009 330041 08JuI -2009 330351 22 -Jul -2009 330842 05 -Aug -2009 330042 08Ju1 -2009 330195 15Ju1 -2009 330352 22-JuI-2009 330795 12-Aug -2009 330353 22Ju1 -2009 330536 29Ju1 -2009 330354 22Ju1 -2009 330197 15Ju1 -2009 330538 29Ju1 -2009 330043 08Ju1 -2009 330044 O8 -Jul -2009 330196 15Ju1.2009 330355 22- Ju42009 330358 22-Jul-2009 330537 29-Ju1 -2009 330843 05- Aug -2009 330786 12- Aug -2009 330357 22Ju1 -2009 330644 05-Aug -2009 330358 22-JuI-2009 330045 08Ju1 -2009 330199 15Ju1 -2009 330359 22Ju1 -2009 330645 05-Aug -2009 330360 22Ju1 -2009 330046 08Ju1 -2009 330361 22Ju1 -2009 330200 15Ju1 -2009 330362 22Ju1 -2009 330048 OS-Jul-2009 330201 15-Ju1 -2009 330363 22-Jul-2009 330364 22Ju1 -2009 330646 05-Aug -2009 330797 12-Aug -2009 330202 15Ju1 -2009 330049 08Ju1 -2009 330050 08JuI -2009 330051 08-Ju1 -2009 330203 15Ju1 -2009 330365 22Ju1 -2009 330539 29Ju1 -2009 330799 12- Aug -2009 330052 08Ju1 -2009 330204 15Ju1 -2009 330798 12- Aug -2009 330053 06-Jui -2009 330205 15 -Jul -2009 330647 05-Aug -2009 330206 15 -Jul -2009 330367 22-Jul-2009 330207 15Ju1 -2009 330054 OS-Jul-2009 330368 22Ju1 -2009 330540 29-Jul-2009 330369 22Ju1 -2009 330648 05- Aug -2009 330370 22 -Jul -2009 330800 12- Aug -2009 330055 08- Jul-2009 330371 22 -Jul -2009 330649 05-Aug -2009 Purpose GRANT MATERIALS ADVERTISING SERVICES EQUIPMENT- POWERSOURCE GENE MATERIALS MATERIALS SERVICES MATERIALS LEASES AND RENTS LEASES AND RENTS REFUND - RE- IMBURSEMENT FOR C TRAVEL/MILEAGE TRAVEUMILEAGE REFUND - SAFETY SHOES SERVICES MATERIALS PETTY CASH CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE FUEL FUEL FUEL FUEL FUEL FUEL FUEL FUEL MATERIALS REFUND DAMAGE DEPOSIT -5820 H SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES ADVERTISING MATERIALS MATERIALS REFUND -TAX REFUND SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES REFUND - FOOTWEAR ALLOWANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SUBSCRIPTION ADVERTISING GRANT CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND - RELEASE OF SITE PLAN TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS Page 11 0113 Amount 2,616.67 3,975.96 75.00 1,893.95 36,856.49 247.34 245.75 56.32 1,266.73 192.10 192.10 970.00 27.00 11.00 150.00 237.30 40.41 523.37 4,540.99 1,110.60 274,953.65 2,545.46 11,505.57 19,095.11 1,313.50 15,301.88 20,983.50 20,077.65 37,658.72 326 24 750.00 203.40 258.77 131.33 317.24 115.42 3,689.96 81.66 56.00 121.80 2,265.54 410.11 535.53 1,447.17 10,459.68 430.49 532.20 135.60 2,948.40 20.00 79.10 618.68 1,555.19 886.49 1,876.36 241.56 19,027.81 50.00 1,219.58 754.95 2,558.33 268.80 268.80 35,000.00 228.50 2,381.77 6,604.00 127.13 405.50 2,298.45 682.50 140.14 363.79 24.46 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TRANSAXLE PARTS (HAMILTON) INC. TRANSPORTATION OPTIONS TRAVERS,MARK TREASURE HOUSE IMPORTS LTD TREES UNLIMITED FORESTRY CONSULTANT TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TWARDAWSKY,NICK TYNDALL,MARION UAP INC #963 UAP INC #963 UAP INC #963 UCC INDUSTRIES INTERNATIONAL INC UNITED RENTALS UNITED WAY URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC VAIL,TIM VANDEN BUSSCHE IRRIGATION VANDEN BUSSCHE IRRIGATION VERROCHE,KEVIN VINELAND GROWERS' CO -OPERATIVE LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALL,LISA WALSH,MARIA WASHINGTON,WES WASTE MANAGEMENT WATERS,RON WATSON &ASSOCIATES ECONOMISTS LTD WATSON &ASSOCIATES ECONOMISTS LTD WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WILSON,DAN WILSON,LISA WILSON,SUZANNE WINDJACK,JIM WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YMCA YMCA OF NIAGARA YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No. Cheque Date Purpose 330801 12- Aug -2009 MATERIALS 330372 22 -Jul -2009 MATERIALS 330373 22-Jul-2009 REFUND - SAFETY SHOES 330056 08-Jul-2009 MATERIALS 330208 15-Jul-2009 CONTRACT SERVICES 330541 29-JuI-2009 MATERIALS 330057 08-Jul-2009 TRAVELIMILEAGE 330802 12- Aug -2009 TRAVEL/MILEAGE 330058 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330059 08 -Jul -2009 MATERIALS 330209 15-JuI-2009 STORES /INVENTORY 330374 22-Jul-2009 MATERIALS 330542 29 -Jul -2009 MATERIALS 330375 22 -Jul -2009 LEASES AND RENTS 330543 29-Jul-2009 PAYROLL REMITTANCE 330061 08 -Jul -2009 CONSULTING SERVICES 330210 ISJuI -2009 CONSULTING SERVICES 330544 29-Jul-2009 CONSULTING SERVICES 330650 05-Aug -2009 CONSULTING SERVICES 330376 22-Jul-2009 REFUND - SAFETY SHOES 330377 22 -Jul -2009 MATERIALS 330651 05- Aug -2009 MATERIALS 330062 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330063 08JuI -2009 MATERIALS 330212 15-Jul-2009 CONTRACT SERVICES 330379 22-Jul-2009 CONTRACT SERVICES 330806 12-Aug -2009 CONTRACT SERVICES 330084 08 -Jul -2009 MATERIALS 330211 15-Jul-2009 MATERIALS 330378 22 -Jul -2009 MATERIALS 330546 29-Jul-2009 MATERIALS 330652 05 -Aug -2009 MATERIALS 330805 12-Aug -2009 MATERIALS 330653 05- Aug -2009 REFUND - 2009 EMPLOYEE PURCHF 330065 08 -Jul -2009 REFUND - FOOTWEAR ALLOWANCE 330066 08-Jul-2009 REFUND - FOOTWEAR ALLOWANCE 330213 15-Jul -2009 CONTRACT SERVICES 330807 12-Aug -2009 TRAVEL!MILEAGE 330067 08-Jul-2009 CONSULTING SERVICES 330808 12-Aug -2009 CONSULTING SERVICES 330547 29-Jul-2009 SERVICES 330654 05- Aug -2009 SERVICES 330809 12- Aug -2009 SERVICES 330069 08Ju1 -2009 MATERIALS 330215 15-Jul-2009 MATERIALS 330549 29 -Jul -2009 MATERIALS 330811 12-Aug -2009 MATERIALS 330550 29-Jul-2009 MATERIALS 330812 12- Aug -2009 REFUND - SAFETY SHOES 330070 08-Jul-2009 REFUND - PURCHASE OF REGIONAI 330551 29-Jul-2009 REFUND - SERVICE DEPOSIT - 2843 330217 ISJuI -2009 REFUND - 2009 EMPLOYEE PURCHP 330552 29-Jul-2009 CONTRACT SERVICES 330553 29-Jul-2009 GRANT 330554 29 -Jul -2009 GRANT 330382 22 -Jul -2009 CONSULTING SERVICES 330218 ISJuI -2009 ADMINISTRATIVE 330219 15-Jul-2009 PAYROLL REMITTANCE 330220 ISJuI -2009 PAYROLL REMITTANCE 330228 17 -Jul -2009 ADMINISTRATIVE 330388 24-Jul-2009 ADMINISTRATIVE 330657 05- Aug -2009 ADMINISTRATIVE 330813 12- Aug -2009 ADMINISTRATIVE 330814 12- Aug -2009 PAYROLL REMITTANCE 330815 12 -Aug -2009 PAYROLL REMITTANCE 330072 08-Jul-2009 PETTY CASH 330816 12-Aug -2009 PETTY CASH 330221 15-Jul-2009 ADVERTISING 330073 08 -Ju1-2009 UTILITIES 330383 22Ju42009 CONTRACT SERVICES 330817 12 -Aug -2009 UTILITIES 330818 12 -Aug -2009 POOL RENTAL INCOME 330384 22-Jul-2009 MATERIALS 330555 29-Jul-2009 GRANT Page 12 of 13 Amount 68.48 739.32 192.09 4,494.00 1,754.87 261.20 96.00 57.00 20.00 472.43 273.35 270.52 1,101.75 927.73 1,172.00 12,626.68 1,946.18 22,705.81 852.34 150.00 221.77 230.88 20.00 551.69 111.74 240.73 87.16 8,437.39 6,414.01 10,358.41 2,187.81 7,660.21 1,022.93 300.00 20.00 20.00 60.69 331.79 3,311.70 9,669.58 146.90 480.25 926.60 129.95 145.09 19,526.63 672.17 10,431.22 150.00 51.92 750.00 300.00 65.00 28,500.00 1,791.67 2,500.00 20,889.18 576.23 92.96 13,889.96 24,780.04 4,796.97 18,994.16 573.67 101.94 519.57 592.81 91.88 698.29 2,348.95 7,630.03 2,525.25 1,374.43 4,730.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEIDLER PARTNERSHIP ZERO GRAVITY CIRCUS PRODUCTIONS INC Cheque No. Cheque Date 330074 08-Jul-2009 330385 22-Jul-2009 330819 12-Aug -2009 330223 15JuI -2009 330075 08-Jul-2009 Purpose MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONTRACT SERVICES Page 13 of 13 Amount 39.77 569.26 958.00 8,547.00 1,153.75 Total 33,592,369.43 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca August 31, 2009 MW- 2009 -59 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara� CANADA Re: MW- 2009 -59 Mewburn Road Bridge - Temporary Closure Status Report and Next Steps RECOMMENDATION: That the Town of Niagara -on- the -Lake, Region of Niagara and affected area residents be notified of the extension of the temporary closure of the Mewburn Road Bridge pending the completion of a Municipal Class Environmental Assessment (EA) of alternatives. That Delcan Corporation be engaged to complete the EA in accordance with their attached proposal dated July 3, 2009 at an upset limit of $60,000 (plus GST and contingencies.) BACKGROUND: The CN Rail Bridge on Mewburn Road has been closed on a temporary basis since late April of this year pending the completion of a detailed structural analysis and load capacity evaluation. Staff has met with representatives from CN, Region of Niagara and Town of Niagara -on- the -Lake to investigate the possibility of completing interim repairs to allow the overpass to be reopened with restricted load limits. CN has now confirmed that interim repairs would not be practical and deemed the structure to have reached the end of its service life. There is considerable interest from the public to reopen the structure as soon as possible and a need to coordinate proper signage, emergency and maintenance responses until such time as full access can be reinstated. The replacement of the existing structure requires the completion of a Schedule 'B' Municipal Class EA which will examine the feasibility of all practical alternatives including a permanent closure, a level crossing and a new structure. Staff has requested a proposal from Delcan Corporation and has jointly developed a work plan to achieve this end. At its meeting on June 8, 2009, Council approved report MW- 2009 -42 which directs staff to meet with CN, the Region and the Town of Niagara -on- the -Lake officials to address emergency response and 1lterance issues on an interim basis. Working Together to Serve Our Community Community Services Department Municipal Works August 31, 2009 - 2 - MW- 2009 -59 A meeting was held on June 16, 2009 resulting in a verbal commitment from CN to complete a detailed structural analysis to determine if it was feasible to repair the bridge. On August 5, 2009, staff received an email from Mr. John McTaggart (Sr. Engineering Services Officer) stating; "We have discussed the fate of this bridge with our Structural Department and the repairs required to put the bridge back to a temporary 6 tonne capacity are too high to consider as an option. While an exact estimate is unknown, the cost is likely well in excess of $500,000. The funds that the Railway had protected for this year would not be sufficient to reinstate traffic considering the advance state of deterioration of this structure. Since our funding would not provide any effective improvement to the bridge, we have re- assigned the funds to other areas. At this time, the Railway considers the bridge to have reached the end of its service life. I do not have the original date of construction for this bridge but do know that is was reconstructed under Board Order No 33714, dated June 1, 1923." Mewburn Road is an inter - municipal connecting link with the Town of Niagara -on- the -Lake which also provides access to the Pine Tree village Mobile Home Park and other agricultural and estate residential properties. Closing the roadway on a permanent basis will have significant social impacts. It would be prudent to commence the EA process immediately to expedite the implementation of a preferred alternative. The EA process is expected to take up to six months barring any complications. This project was not anticipated and therefore not included in the City's 2009 -2013 Capital Projects Budget. The completion of the EA is the first step in advancing a solution to this matter and funding from reserves will be necessary. FINANCIAL CONSIDERATIONS: Since this project was not considered in the 2009 Capital Budget and given the urgent need to initiate the Mewburn Road Bridge EA, staff is recommending making changes to the 2009 Approved Capital Budget based on this new information. Specifically, this project should be added to the approved capital works projects. The required funding of $80,000 to perform the EA will utilize a portion of the Special Purpose reserve set aside for the Willodell Road Bridge Replacement. To facilitate this change a change in timing of the Willodell Road Bridge replacement will be required. Specifically, the engineering for the project will still proceed as scheduled however the actual construction phase of the project will need to be re- prioritized as part of the upcoming 2010 Capital Budget deliberations. The Willodell Road Bridge replacement project was included in the 2009 Capital Budget with $20,000 set aside for engineering in 2009 and $150,000 in costs planned for 2010 in the construction of a structure that would provide non - vehicular access only. The proposed action is consistent with the City Council's Strategic Priorities namely; establish infrastructure investment priorities, and develop and implement a comprehensive transportation plan. August 31, 2009 - 3 - MW- 2009 -59 LIST OF ATTACHMENTS: MW- 2009 -42 Proposal for Engineering Services - Declan Corporation (August 21, 2009) Recommended by: Approved by: Geoff Ho ma , Director of Municipal Works Ed DGlovic, Executive Director of Community Services Respectfully Submitted by: Ken Todd, Chief Administrative Officer S:SREPORTS520095MW- 2009 -59 - Mewbum Road Bridge Temporary Closure.wpd • June 8, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagara falls Re: MW- 2009 -42 Mewburn Road Bridge Over CN Railway Temporary Closure - Status Report MW-2009-42 Exec. Dir. Comm. Serv. Director Mun. Works Dir. Bldg. & By -law Serv. Mgr. Infrastructure Mgr. Construction Mgr. Administration Project Mgr (s) Sr. Eng. Cost Clerk -- Development Technician (s) Infrastructure Technician (s) Operations Superintendent Mgr. Water & Wastewater Facilities Management That this report be received for information and that staff be directed to meet with representatives from CN, the Region of Niagara and the Town of Niagara -on- the -Lake to address emergency response and road maintenance issues on an interim basis. BACKGROUND: On April 22, 2009, Municipal Works staff received a report from Ellis Engineering Ltd. recommending that "the City close the road immediately unless structural repairs are completed and it can be shown that the bridge can support the posted Toad limits. Once repaired we can then recommend load capacity evaluation (LCE) in order to determine a safe load carrying capacity. The structure should be scheduled for replacement with another bridge or level crossing NOW." The closure was implemented immediately and Council was advised of the temporary detour pending a full inspection by the structural engineers at CN. The Town of Niagara - on- the -Lake was notified so that arrangements for signs and emergency response to the immediate area could be coordinated. Staff has received notice that the Town's Public Works Advisory Committee passed a motion on May 11, 2009 requesting "the Region and the City of Niagara Falls and the Town staff meet with CN to discuss the closure of the Railroad Bridge on Concession 6 /Mewburn Road and to come back to Committee with scenarios to reopen." On May 21, 2009, CN completed a reassessment of the structure and advised our staff that the needed repairs are "too expensive and will not be completed." This means that any hope of reopening the roadway this year (even at a reduced load limit) is not likely. 0 Queen Street, P.O. Box 1023 aaart falls, ON, Canada L2E 6X5 905 - 356 -7527 wwwnia arafalls.c Working Together to Serve Our Community Community Services Department Municipal Works June 8, 2009 - 2 - MW- 2009 -42 The sirle Lane structure needs to be reconstructed to meet the current Ontario Bridge Code>- T�acomplicatejhe natterfurther, theRegion' sTransportationSustainabilityReview (see refi i*MW- 2069 -3O attached) identified this section of Mewburn Road as being a candidate -for transfer tp the Region of Niagara due to its inter - municipal connector function- The cost of ;Vining the existing structure with a new bridge is approximately $2,00G900:tFundlrtgfgrgn expenditure of this nature has not been included in the 5 -year Capital- Forecast ;-, :1 The nex'tstep to arrange a meeting with each of the stakeholders to coordinate a short term 9,% s Jpng term gpgating plan to reopen the bridge. The full range of alternatives incluctiaconatnAiOn iof a level crossing, will be examined. Given the importance of this road ,s pejmjont closure is not considered to be a practical option. Staff will prepararrecdhiniefidatio i1forCouncil' sconsiderationoncethediscussionsarecompleted later this Summer. Recommended by: Approved by: Respectfully Submitted by: i Attach: n, D;` ctor of Municipal Works utive Geoff Holm Ed Dujlovic, E Ken Todd, Chief Administrative Officer S:\REPORTS\2009 \MW- 2009 -42 - Mewburn Road Birdge Over CN Railway Temporary Closure.wpd rector of Community Services Office of the Town Clerk TELEPHONE 905-468-3266 FACSIMILE 905 - 468-2959 May 26, 2009 Canadian National Railway Company 4 Welding Way P.O. Box 1000 Concord ON L4K 1B9 Attention: Mr. John MacTaggart, P.Eng. Engineering Services Dear Mr. MacTaggart: Re: Railway Bridge on Concession 6 Please be advised that the Council of the the -Lake, at its regular meeting held on motion: that the Region, the City of Niagara Falls and Town staff meet with Canadian National Railway to discuss the closure of the railway bridge on Concession 6 Road /Mewburn Road and come back to Committee with scenarios to reopen. Please contact Mr. Ewald Kuczera, Director of Public Works at 905 -468 -3278 to schedule a meeting. Yours truly, Holly Dowd Town Clerk Copy: Regional Clerk City of Niagara Falls V Town Public Works iagara- Qn=rhe -t First Capital of Upper Canada - 1792 Road /Mewburn Road, Niagara Falls Corporation of the Town of Niagara -on- May 25, 2009, approved the following 1593 FOUR MILE CREEK ROAD P.O.Box 100 VIRGIL, ONTARIO LOS 1T0 Subject Area Other Municipalities Municipal Boundary Ortho Imagery ca. 2006 rnalkOu wprfs,!; i may 4, 2UUS His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Nia 7 al l s CA Re: MW- 2009 -30 Regional Niagara Transportation Services Sustainability Review RECOMMENDATION: Working Together to Serve Our Community MW-2009-30 The recommendation(s) contained in this report were adopted by City Council That the information contained in this report be received by City Council for information purposes. The Regional Municipality of Niagara has initiated a Transportation Services Sustainability Review intended to collect information from Area municipalities, the Ministry of Transportation (MTO) and the Niagara Parks Commission for the purposes of rationalizing the Region's roadway infrastructure and reviewing best practices and spending patterns. Technical Report #1, completed in June 2008 includes a comprehensive review of background reports, needs assessments and Municipal Class Environmental Assessments and summarizes the issues related to current service delivery. This reference document was used to scope out the various issues and obstacles faced by local municipalities and formed the basis for Technical Reports #2 and #3 dealing with jurisdictional matters and capital spending respectively. Technical Report #2, completed in February 2009 revisited the appropriateness of the current Regional Road Classification Criteria which was adopted in 1997 and modified in 2002. The current criteria was considered to be appropriate and consistent with other Regional Municipalities (see Table '1'). The result of the application of this criteria was that approximately 53 linear kilometers of roadway should be transferred from Area municipalities and the MTO to the Region. In return 44 linear kilometers of roadway should be transferred from the Region to the Area municipalities and MTO. The net increase of nine (9) linear kilometers me '611 increase in operating costs of approximately $190,000 to the Region. ^'s' 0 Queen Street PO Box;1023 Niagara; Falls ON .Canada 12E 6X5 905; Community Services Department Municipal Works May 4, 2009 -2- MW- 2009 -30 For the City of Niagara Falls the jurisdictional changes proposed include: Extension of Thorold Stone Road - Stanley Avenue to Victoria Avenue (Regional Road) - One (1) kilometer Bridge Street- Stanley Avenue to Victoria (Regional Road transferred to the City when the extension of Thorold Stone Road is completed) - 0.8 kilometers • Victoria Avenue - Niagara Parkway to Bridge Street (City Road transferred to the Region once connectivity with Thorold Stone Road extension is completed) - 0.9 kilometers. • Mewburn Road - Mountain Road to Niagara -on- the -Lake boundary (City Road transferred to the Region) - 3.5 kilometers. The proposed transfers result in approximately 4.4 kilometers of City roads to the Region and approximately 0.8 kilometers returned to the City from the Region. In future operating budgets this will translate into a modest cost savings of approximately $72,000 annually. The transfer of jurisdiction process will involve a formal agreement and by -law from the respective Councils. The Region is developing a priority list to deal with more urgent situations first. Technical Report #2, also sought to clarify issues regarding responsibility for local services that are located within the Regional Road Right -of -way particularly; Storm Sewers, Streetlights, Sidewalks and Walkways, and • Landscaped medians. Responsibility for the ownership of these components within the right -of -way is important from the perspective of PSAB PS3150 so that these assets can be appropriately accounted for in the municipality's financial records. Based on feedback from the Area municipalities and a review of other best management practices the following conclusions were developed. May 4, 2009 - MW-2009.30 MUNICIPAL ASSETS ON REGIONAL ROADS ASSET OWNERSHIP POLICY Storm Sewers Region (new) All storm sewers of size 675mm diameter and less. City responsible for funding any new storm sewer that is 750 mm diameter or greater. Street Lights Region (new) All streetlights are owned and operated by the respective road authority. Decorative lighting costs are the responsibility of the local municipality. Sidewalks and All sidewalks remain the Local (same) responsibility of the local Walkways municipality. All landscaped medians remain Local (same) the responsibility of the local municipality. Landscaped Medians The financial impacts of these modifications have not been accurately quantified at this time however there are potential hydro cost savings to the City of $75,000 to $85,000 under this proposal. Technical Report #3, completed in January 2009 provides general information on the expenditures by municipalities on road related activities. The data does not lend itself to easy comparison amorig municipalities clue to reporting differences and varying levels of service delivery. This report recommends that Area municipalities modify the financial reporting practices of their operating budgets so that they align more closely with the guidelines of the • Municipal Performance Measurement Program (MPMP). This will allow the Region and each Area municipality to better monitor their spending and allocation in relation to other Ontario municipalities. While the City of Niagara Falls staff recognize the benefits of being able to compare performance measurements, we believe that this data does not recognize the distinct differences in economic opportunities and constraints that naturally exist between municipalities. The amount of money spent is not a true reflection of the amount of effort required. Technical Report #3 does. however recommend that staff meet on a regular basis in an effort to address ongoing road maintenance issues Regional staff will be presenting the findings of these three technical reports for their Council's consideration later this Spring. May 4, 2009 Recommended by: Approved by: Attachment: -4- Geoff Holman, Dir tor of Municipal Works MW- 2009 -30 Ed Dujlovic, Execu{lhib Director of Community Services S:VREPORTS120091MW- 2008 -30 - Regional Transporation Sustainability Review.wpd • TABLE I MODIFIED MAJOR ARTERIAL ROAD NETWORK ROAD INFRASTRUCTURE MANAGEMENT STUDY CLASSIFICATION CRITERIA Urban Centre Connector provide a connection between urban centres having a population in excess of 750 persons to each other and to the Provincial Highway network. provide major arterial road service within 4.0 km of major attractors or generators of heavy vehicles or high traffic volumes (minimum of 1000 vpd) such as manufacturing plants, quarries, tourist attractions, resort/recreational areas, major institutional complexes and satellite parking facilities. 2 Service to Major Traffic • Generators 3. Barrier Service 5. Overall System Continuity • provide major arterial road service parallel to and/or crossing of major geographical barriers where feasible given no other Provincial Highway or major arterial road is within 4.0 km. 4. System Continuity with Adjacent • provide continuity of the major arterial road Jurisdictions network within the Region with the major arterial road network of' adjacent jurisdictions. • provide continuity of the major arterial mad network identified through the application of the above criteria. In addition, in order for a road section to be designated as a Regional Road, at least one of the above cnteria must be sattifi'ed together with the average daily traffic volume being greater than 1500 AADT within the rural areas and greater than 5000 AADT in the urban areas. Delcan 4056 Dorchester Road, Niagara Falls, ON L2E 6M9 Tel: 905.356.7003 • Fax: 905.356.7008 www.delcan.com August 21, 2009 OUR REF: TN- 8205- TN -A56 Geoff Holman, C.E.T., B.B.A. Director of Municipal Works City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Holman: Re: Mewburn Road Bridge Improvements - Class Environmental Assessment Study Delcan is pleased to submit this Scope of Services for the provision of Consulting Engineering Services for the Mewburn Road Bridge Improvements Class Environmental Assessment (EA) Study. The Scope of Services identified in our letter proposal briefly outlines the study background and key issues, proposed work program, study schedule and budget and the project team. We are most interested in this challenging and exciting project and have dedicated a project team of professionals from Delcan Corporation to form a team that has the necessary qualifications, expertise and insight to successfully complete this study. Study Background The Mewburn Road Bridge is located in a rural area approximately 0.5 km south of Warner Road in the City of Niagara Falls (City). The structure, owned by the CNR, is overlain by a two lane asphalt roadway (Mewburn Road) and runs over two operating rail tracks. Based on a Municipal Bridge Appraisal completed on behalf of the City of Niagara Falls in 2009, it was recommended that the City close the road immediately until structural repairs are completed to ensure that the bridge can support the posted traffic load limits. Traffic along Mewburn Road is anticipated to increase in use. As part of the NOTL Transportation Master Plan (TMP), a partial interchange with Highway 405 was recommended on Mewburn Road. The TMP also recommended the improvement of Concession 6 as a primary access to the Municipality. In addition, there has been some discussion of re- opening the local landfill and a potential sports complex development in the area. The upcoming Mountain Road reconstruction could also increase traffic use of Mewburn Road as a detour route. In addition to a potential increase in traffic, additional key issues that will need to be addressed by the Study include, but are not limited to, the following: • Mewburn Road is a two lane rural arterial road located outside of the urban boundary which serves as a primary access road for a limited number of residential properties, including the Pine Tree Village Mobile Home Park. Page 2 • The study area falls within the Niagara Escarpment Plan Area. Therefore, the NEC will be a key stakeholder in the Study. • The Bruce Trail crosses Mewburn Road, south of the bridge, highlighting the need for consideration of pedestrian and cyclist accommodation. • There is a driveway access immediately north of the bridge structure. • A 400 mm watermain is located 2 metres below the rail, 8 metres east of the Mewburn Road bridge. Provision will be made to ensure that the watermain is not impacted by the construction works. • A fibre optic cable is located within the study area. Consultation with Niagara Regional Broadband Network Limited will be required during the study. Objectives Based on the recommendations of the completed Bridge Appraisal, the City wishes to undertake a Class EA Study for localized improvements to the Mewburn Road Bridge which would also include the portion of Mewburn Road approximately 150 metres north and south of the bridge structure. The purpose of the Study will be to select the preferred structural improvements for the bridge structure and to develop a preferred design for the roadway portion of the bridge that will allow for the safe, efficient and effective movement of vehicular, pedestrian and bicycle traffic, while remaining sensitive to the needs of adjacent land uses. In carrying out the Class EA Study, Delcan will complete the project in accordance with the Municipal Class Environmental Assessment, October 2000, as Amended in 2007 planning principals for Schedule "B" projects. Our proposed work program for completing the project is briefly summarized below. Work Plan Develop Profile of the Study Area and Identification of the Problem /Opportunity At the outset of the study, Delcan will meet with the City to confirm the work plan, project schedule, study scope and discuss any other issues that may be relevant to the project. As the first step in completing the EA, all available background information related to the project will be assembled, reviewed and assessed. Once sufficient information has been gathered, Delcan will establish existing conditions within the defined study area and complete the study area profile. After which, a Problem Statement will be prepared in accordance with the Class EA process requirements. Identify Screening Criteria to Evaluate Alternative Solutions Prior to assessing the viability of each of the alternatives, information will be collected to comprise the screening criteria. Information to be collected and used as screening criteria may include, but not be limited to, the following: • Social Environment (land use, noise, construction impacts, heritage, archaeology, aesthetics, property requirements, emergency access) • Natural Environment (existing trees, ESAs, ANSIs) • Technical (capacity, geometrics, roadway safety, structural, utilities) • Cost (capital, operating, road user costs) I n t e g r a t e d S y s t e m s and Infrastructure Solutions Page 3 Several key activities /studies that will be undertaken as part of this study are described below. Topographic Survey A topographic survey will be completed that will capture and create a DTM that represents the existing condition of the study area approximately 150 metres north and south of the bridge structure. The plans will be completed using the current City of Niagara Falls standard. Geotechnical Investigation Delcan will prepare a Terms of Reference for a Geotechnical Investigation of study area. Delcan will evaluate the submitted proposals and make recommendations on award of the geotechnical assignment. Once completed, Delcan will review the adequacy of the existing road structure and sub -soil conditions based on results of the geotechnical report and make recommendations on the bridge /road reconstruction, including the suitability of native sands, gravel, and soil for construction. Traffic Analysis Delcan will build upon the existing traffic forecast in generating the trip generation (traffic volumes) and, based upon previous assumptions, distribute the additional traffic on the road network. We will then use an appropriate growth rate to apply to the existing traffic volumes and add the background traffic for the proposed developments to determine the traffic conditions for a 20 year horizon. Stage 1 Archaeological Assessment The Stage 1 archaeological assessment report will identify recommended actions to mitigate any adverse effects of the proposed undertaking on any known or potential archaeological resources present within the study area. The report will fulfill the project requirements, while at the same time addressing all of the archaeological and licensing concerns outlined in the Ontario Heritage Act and the Environmental Assessment Act. Structural Assessment Delcan will undertake a review of the structure and analysis of options for rehabilitation or replacement. With a view to the age of the bridge (approximately 85 years), life cycle costing will be key to determining the preferred option. If rehabilitation is preferred, less invasive (and thus less costly) methods that might be appropriate for younger bridges may not prove appropriate for the Mewburn Road bridge site. Our work will involve balancing the initial costs of construction (whether rehabilitation or new), with the ongoing long -term maintenance costs, as well as projected future rehabilitation requirements, which will be affected by the durability of the rehabilitation /replacement measures undertaken. Given the advanced deterioration of the structure we have assumed that testing of the structural steel, testing of the steel coatings (if any) and a bridge deck condition survey, will not be required for this assignment. Initial analysis will lead to the preparation of a Design Brief (for inclusion in the Environmental Study Report), including the type of structure and justification for its choice, a discussion of aesthetics, summary of existing conditions and design philosophy, materials and strengths, and durability, proposed spans, bearings and fixity, horizontal and vertical geometry, stability of approaches and embankments, deck joint locations and types, railing selection, and improvements such as protected pedestrian movements, dedicated bicycle lanes, and lighting of the bridge, if required. Integrated Systems and Infrastructure Solutions Page 4 Delcan will examine a number of alternatives for the bridge repair or replacement. These alternatives for the design of the structure will include technical evaluations, design criteria, major conflicts and issues, priorities, estimated costs and life cycle analysis of each option including a do- nothing option. Advantages and disadvantages of each option will be described and simple structural sketches for each alternative will be provided as appropriate. Options will be compared on the basis of capital cost, durability, longevity and future maintenance costs. Also included will be sketches of all options (if applicable), a conceptual general arrangement drawing of the recommended option, discussion on construction sequencing and staging requirements and a construction cost estimate. A draft analysis of the options will be submitted for review. Upon receipt of comments from the City, the report will be finalized to include all agreed comments. In the final analysis the key structural issues involving the construction and design may govern the preferred option, and as a part of our normal approach to such projects, the Delcan team has identified a number of key issues which will require attention. Key issues in this review will include: • The design of the existing bridge; • Re- establishment of traffic over the bridge; • The condition of the existing bridge; • Alternate access where available; • Geotechnical considerations; • Local resident, Utility, Fire and EMS, snow crew and other bridge user requirements; • Maintenance of traffic during construction; • Effects on the railway; and • Constructability. Heritage Assessment of Bridge Structure Background research will be undertaken to determine the general construction history of the bridge design, as well as contextual history related to the bridge and settlement in the surrounding areas. This will establish a soundly informed construction history in order to permit an overall assessment of the heritage integrity of the structure. The bridge's cultural heritage value and heritage attributes will be identified and the structure will be evaluated according to the Ontario Heritage Bridge Guidelines. The assessment will recommend appropriate mitigation strategies including the conservation of structural elements, special design considerations for new structural elements and appropriate treatment of accessory features. Other mitigation measures will be included as appropriate. Vegetation Inventory A vegetation inventory of the impacted area will be undertaken. As part of the inventory, recommendations will be made regarding the potential removal and /or relocation of existing trees particularly focusing on the northeast portion of the study area. Identification of a Preferred Solution As part of the EA process, Delcan will identify potential bridge improvement designs, including combinations of designs, which address the study objectives. I n t e g r a t e d S y s t e m s and Infrastructure Solutions General Task Description EA Phase 1: Develop Profile of the Study Area and Identification of the Problem /Opportunity Fees $4,808.00 EA Phase 2: Development and Evaluation of Alternative Solutions and Submission of Report for 30 Day review $31,543.00 Public /Agency Consultation Plan including 1 PIC $14,478.00 Meetings (preparing for and attending 5 Meetings - CN and Project Team) $7,448.00 Disbursements (photocopying, mileage, printing, etc.) $1,200.00 ' Total Fees and Disbursements Delcan Corporation $59,475.00 Contingency - Sub- consultants (Archaeology, Topographic Survey, Vegetation Inventory, Built Heritage) Fees and Disbursements; Delcan (Stakeholder Meetings, if required) $15,500.00 Total $74,975.00 Page 5 Based on the screening criteria developed in consultation with the City, affected agencies and the public through the public consultation process, Delcan will assess the impacts of each potential solution using an "evaluation matrix ". Following the net effects evaluation of each of the identified alternatives, a recommended design will be identified. A public information centre (PIC) will be held following the identification of the recommended design in order to solicit comments. Once all comments have been received and reviewed by the project team, they will be incorporated, where possible, into the preferred design. Prepare Report and File for 30 -Day Public Review Once the preferred design has been selected, all documentation collected during the planning process will be presented in an Addendum Report demonstrating the steps followed during the project. The Report will be submitted, for 30 -day public review in accordance with Municipal Class EA guidelines. Study Schedule and Budget We are prepared to undertake this study upon authorization to proceed and anticipate the time required to complete the study to be approximately 5 to 6 months (assuming no Part II Order requests are received by the Ministry of the Environment during the 30 -day public review period). Our fee for this study, including disbursements, is $ 59,475.00 excluding GST. Any additional tasks or meetings and presentations would be beyond the scope of this work plan. In the event that additional work is required, we would be pleased to submit a revised work plan for your approval. A general breakdown of the fees to complete the Study is included in Table 1. Fees for this PIC would indude: notification and mailings, text and graphics boards, development/presentation of design concepts, traffic analysis, attendance and comment forms, and a PIC Summary Report. Table 1 - Project Fees Integrated Systems and Infrastructure Solutions Page 6 Project Team The Project Team has an appropriate blend of technical and professional staff that have completed similar projects in and outside the Niagara area. The Project Team will be managed by Manoj Dilwaria (Project Manager) with overall project direction provided by Nick Palomba (Project Director). Technical expertise will be provided by Brent Archibald (Structural Engineering), Jared Monkman (Structural Engineering), Matt Dimaria (Traffic), Andrew McGregor (EA Coordination), and Steve Brant (Design). Sub - consultants to the Delcan team include ASI (Archaeology and Heritage), Upper Canada Consultants (Topographic Survey), and McWilliam & Assoc. (Vegetation Inventory). We take this opportunity to thank you for your invitation to submit this Scope of Services and we look forward to the opportunity of working with City Staff on this interesting and important project. Should you have any questions regarding the above, please do not hesitate to contact the undersigned. Sincerely yours, DELCAN Corporation Manoj Dilwaria, B.Eng., M.PI. (Transp.), MCIP, RPP, AVS. Principal Integrated Systems and Infrastructure Solutions August 31, 2009 MW- 2009 -60 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJ7alls Re: MW- 2009 -60 Calaguiro Estates Subdivision Phase 2 Sidewalk Elimination RECOMMENDATION: That the requirement to construct interior sidewalks in the Calaguiro Estates Phase 2 Subdivision be deleted in exchange for equivalent cash payment to the City to construct a new sidewalk on Dorchester Road (between Calaguiro Drive and Fireman's Park.) BACKGROUND: Staff has received a request from the developer for the relief from his obligation to construct a sidewalk on Calaguiro Drive as set out on the approved subdivision plans and Subdivision Agreement (attached). In consideration of this request, staff has discussed the possibility of the developer providing a sidewalk on Dorchester Road adjacent to the subject development. City staff sent a notice to the homeowners in this development (attached) and received overwhelming support for the removal of the Calaguiro Drive sidewalk construction and in favour of the Dorchester Road sidewalk (attached). FINANCIAL CONSIDERATIONS: The Developer has provided security for these works in the form of a Letter of Credit. Once the matter is addressed to the City's satisfaction, the security will be returned to the Developer as set out in the Subdivider's Agreement. en Street, P.O. Box 1023, Nia ra Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works August 31, 2009 Recommended by: Approved by: - 2 - Geoff hlolman,'Director of Municipal Works MW- 2009 -60 Ed Dujlovic, E cutive Director of Community Services Respectfully Submitted by: Ken Todd, Chief Administrative Officer R.Volpini S:IREPORTS120091MW- 2009 -60 - Calaguiro Estates Subdvision Sidewalk Removal.wpd t March 30, 2009 City of Niagara Falls PO Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X$ Attention: Rick Volpini Jon Wh Develo I ent Manager MOUNTAINVIEW HOMES Re: Calaguiro Estates Subdivision Phase 2 (M -92 & 59R- 11579) Your File No. 2001 -271 ICybala Ventura Inc. Munblpel Worus fNe, Dear Mr. Volpini, The aforementioned subdivision has achieved substantial completion, and as such we are commencing the assumption process. In our consideration of this next step, we have reviewed the issue of the required sidewalk along the north side of Calaguiro Drive with the residents there, and their response has been one of opposition. They are concerned that there is no sidewalk in the first phase of the subdivision to link up to, nor is there sidewalk on Dorchester to connect to at the other end. Essentially, this would be a sidewalk leading to nowhere, and as such they feel it isn't required in their community. Furthermore, many of these residents have invested quite a lot of money in their landscaping and driveway treatments, and the insertion of a sidewalk through these investments would only create damage, disruption, and resistance. For these reasons they are not in favour of this sidewalk being Installed, and so on behalf of our purchasers we request that the City remove the requirement for sidewalk installation along the north side of Calaguiro Drive in spite of it being a requirement of the Subdivision Agreement. Please let us know if this request is acceptable so that we may proceed with all other necessary assumption works and deficiency repairs within the subdivision. Respectfully, Kybala Ventures Inc. Per. cc Upper Canada Consultants 3350 MERRITNILLE HWY UNIT 9 THOROLD ON L2V 4Y8 0 905 688 3100 F905 688 5524 WWW MOUNTAINVIEW COM Dear Resident: Niagarajlalls June 3, 2009 NOTICE TO RESIDENTS CALAGUIRO ESTATES - PHASE 2 CALAGUIRO DRIVE SIDEWALK REMOVAL REQUEST The developer has placed a request with the City regarding the removal of the requirement to construct a sidewalk on Calaguiro Drive in this development which is referenced in the subdivision agreement and subdivision plans. The request is based on the fact that sidewalks were not constructed on January Drive or Rockcliffe Estates and therefore this sidewalk would not provide any connectivity to local streets. The City's practice in these situations is to engage the affected parties in the decision process, as it will form an integral component in the final outcome. This matter will be considered by Council at a future meeting this Summer and your response is requested. Please complete the attached form and retum it at your earliest convenience using the enclosed self - addressed stamped envelope or by fax to 905-356-2354 or electronically to hcowan©niagarafalls.ca. Should the developer's request be granted, the City may negotiate the construction of a sidewalk on Dorchester Road from Calaguiro Drive to Mountain Road which will provide a pedestrian linkage to the Fireman's Park playground area. Any questions regarding this matter may be directed to the undersigned. RV/hc Enclosures c. Geoff Holman, Director of Municipal Works S11 Subdrvinonrl99J 11 Calagnro Phase YkSidewalk Removal Notice to Residents wpd Yours tru ck Vol.�C.E.T. Project Ma :er Ext. 4221 Community Services Department Municipal Works Ext 4221 Fax 905-356-2354 rvolpin, niagarafalls ca 4310 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905- 356 -7521 www.niat ant, Is Working Together to Serve Our Community COMMENTS: ADDRESS: Thank you. June 3, 2009 CALAGUIRO ESTATES SUBDIVISION - PHASE 2 CALAGUIRO DRIVE SIDEWALK REMOVAL REQUEST ❑ I am in favour of the sidewalk removal ❑ I am not in favour of the sidewalk removal DORCHESTER ROAD SIDEWALK INSTALLATION ❑ I am in favour of the sidewalk installation ❑ I am not in favour of the sidewalk installation HOMEOWNER'S NAME. Please return this form in the enclosed self - addressed stamped envelope or by fax to 905- 356 -2354 or electronically to hcowan®niagarafalts.ca. streetAddress 2093 CATHARINE CRES 6638 CALAGUIRO DR 6855 CHRISTINE CRT 2142 CATHARINE CRES 2075 CATHARINE ORES 2178 CATHARINE CRES 2153 CATHARINE CRES 2080 CATHARINE CRES 2074 DOMENIC CRES 6751 DOMENIC CRES 6725 DOMENIC CRES 2132 CATHARINE CRES 6830 CHRISTINE CRT 2108 CATHARINE CRES 2097 DOMENIC CRES 6859 DOMENIC CRES 6771 CALAGUIRO DR 6819 CALAGUIRO DR 2167 CATHARINE ORES 2073 DOMENIC CRES 6718 DOMENIC CRES 6716 CHRISTINE CRT 6821 DOMENIC CRES 6738 CALAGUIRO DR 2098 DOMENIC CRES 6858 DOMENIC CRES 6799 DOMENIC CRES 6817 CHRISTINE CRT 6872 CALAGUIRO DR 6822 CALAGUIRO DR 6712 CALAGUIRO DR 2096 CATHARINE CRES 6843 DOMENIC CRES 6745 DOMENIC ORES 6745 CALAGUIRO DR Calaguiro Dr Sidewalk Removal ownerl IN Favour NOT in Favour ALLEN KARLA BARBER JILL & BRUCE BARKER TANSU & KAMURAN X BELL MICHAEL RAY BELLI JOHN BELLI JOHN X CHIMIENTI GUISEPPE & TERESA COLANERI MICHAEL JOSEPH ANTHONY COLORADO ROBERT & ORISTEL X CREDICO MICHAEL X DAGENAIS IVAN & CHRISTINE X DI GIACOMO ANTHONY DICOSIMO JOY & VINCENT X ELAYAN FAYEZ ARAFAT & LI JINGYU X FOSCHINI RENATO GAGESCH KARL & GLORIA X GATTI ANTONIO & CLARA X GATTI GINO & SARAH X GAUTREAU LEO & ROSIE GIBBS TREVOR ANTHONY GIGLIOTTI ANTONIO & MARLENE GILMOUR LORRAINE & ROBERT X GORMAN DAVID PETER GRISAFI CARMELO GUTALJ MIROSLAV X HALLIDAY FREDERICK & AILSA X HANUSHUK HELEN ELIZABETH HARB NAWAL GEORGES X HEIKOOP ANNE INTER- AMERICA LEASING CO INC JOSH SUHAS & SANGEETA X JUGOON PETER & SUSAN X KASSAM AMYN X KYBALA VENTURES INC LASICA ZARKO Dorchester Rd Sidewalk Installation IN Favour NOT in Favour X 6725 CALAGUIRO DR 6658 DOMENIC ORES 2139 CATHARINE CRES 6762 CHRISTINE CRT 6796 CALAGUIRO DR 6710 DOMENIC CRES 6738 CHRISTINE CRT 6810 CHRISTINE CRT 6748 DOMENIC CRES 2154 CATHARINE CRES 2181 CATHARINE CRES 2122 CATHARINE CRES 2109 CATHARINE CRES 6873 CALAGUIRO DR 6775 DOMENIC CRES 6678 CALAGUIRO DR 6846 CALAGUIRO DR 6770 CALAGUIRO DR 6841 CHRISTINE CRT 6664 CALAGUIRO DR 6543 JANUARY DR 6795 CHRISTINE CRT 6585 CALAGUIRO DR 6705 DOMENIC CRES 6850 CHRISTINE CRT 6842 DOMENIC CRES 6765 CHRISTINE CRT 2125 CATHARINE ORES 6786 CHRISTINE CRT 6690 DOMENIC CRES 6701 CALAGUIRO DR 6849 CALAGUIRO DR LASICA ZARKO LASICA ZARKO LEON TORIN JEROME X LI MEE MEE & HON CHEONG X MAIURI FERNANDO MANCUSO FRANK & LISA MAROUDAS PETER & TAMMY MAURIN WILLIAM & LORI X MCCORMICK CHARLES & RENA MENECHELLA LUIGIA & COSMO X MOHI -UD -DIN HUSSAIN MURACO MARY JEAN X NASSIF NED & DIANE NEWMAN GERALD & SHELLEY NEWMAN GERALD & SHELLEY OAKLEY KARIN & JOHN X PANG PATRICK & RAMONA X PARSAZADEH MAHMOUD & KAFSHDARAN FIROUZ PRESTIA WILLIAM & MENECHELLA LAURA PULICE GABRIEL & POPE MICHE X RAJAGOPAUL KREASAN & RADMANI RICCI JENNIFER & BUTERA LUCIANO ROSA ANTONIO & ROSALBA SANTIN BARBARA ANN SAPORITO TAMMY ANN X SOMERVILLE DAVID & ZORICA X STEINBACHS SAMMY & KAMI X VOTH ALVIN & SUSAN X WALLACE DOUGLAS & CYNTHIA X WIEBE WENDY LYNN WINTERS ELLEN BRIDGET ZITANO NICOLA & CLAUDIA X X X X X Niagara Calaguiro Estates Sidewalks Legend S.C.V.F.A. Firemen's Park MI la I IMO 1 p M Scat r:a000 11 Stir 1 i redi 10, • RI 5f[NEGR 7 � � �. a ah- lea la V I lk woo. :.,: ;, Ariel , t II 10, lir WS_ _ Sidewalks •■•■*— Calaguiro Dr - Original Location Dorchester Rd - Proposed Location Base r Property Parcels Rail - Hydro August 31, 2009 MW- 2009 -62 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: FINANCING: Approved in 2009 Capital Budget Niagaraaaaaaa�a CA NADA Re: MW- 2009 -62 Quantity Survey Services Consultant Selection Lundy's Lane Historical Museum Project 1. That the firm cm2r Incorporated be awarded the Quantity Surveying assignment for the construction of the Lundy's Lane Historical Museum. 2. That the Mayor and City Clerk be authorized to executive this agreement. City staff issued a Request For Proposals (RFP) for the selection of quantity surveying services for the construction of the Lundy's Lane Historical Museum. Based on input from the City's project management consultant Genivar, five firms were invited to submit proposals for the project, all five firms did submit proposals by the closing date. A committee made up of members of City staff, Genivar and the project architect Moriyama & Teshima reviewed the proposals. As a result the committee selected cm2r Incorporated as the preferred proponent for the quantity surveying services assignment. The fees for the assignment are $39,000 plus disbursements, which are estimated to be in the range of $2,000. The funding for the assignment will be provided from the funds provided by the Federal /Provincial governments through the Build Canada Fund and the City. RFP Costs $41,000.00 4 370 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works August 31, 2009 Lundy's Lane Historical Museum Expansion Capital Program: ( #32 -3- 3750001 - 03000) Committed to date: Available Funds: Approved by: Respectfully Submitted by: - 2 - $9,713,000.00 $1,222,000.00 $8,449,000.00 Ed Dujlovic, E'*utive Director of Community Services V:V2009COUNCIL12009 08 31 MW-2009-62 - Quantity Survey Services Assignment - Lunyd's Lane Museum.wpd MW- 2009 -62 This Request for Proposals represents one part of the overall project and further expenditures are anticipated. Ken To Chief Administrative Officer August 31, 2009 MW- 2009 -63 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: That OPSC has re lands for the pu Niagaraflalls Re: MW- 2009 -63 Ontario Power Generation Lands - Oakwood Drive Temporary Access and Construction Licence Agreement Oakwood Place Shopping Centres Inc. (Smart Centres) 1. That the City enter into an agreement with Ontario Power Generation Inc. and Oakwood Place Shopping Centres Inc. for the construction and maintenance of an underground storm sewer and outfall into the Hydro Power Canal. 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement. Oakwood Place Shopping Centres Inc. is in the process of completing the design of the services for the future commercial development site located on Oakwood Drive south of McLeod Road. The storm sewer required to service these lands necessitates the improvement of the existing storm sewer and outfall structure located on Ontario Power Generation lands. Ontario Power Generation (OPG) has stipulated that the City be second party to any agreement with a private developer with all securities for these works being provided to the City by the Developer. The Agreement represents the terms that have been negotiated between the City (Sub - Licensee), the Developer (Licensee) and Ontario Power Generation (OPG) seeking approval to access OPG lands to construction services. The agreement provides that; That Oakwood Place Shopping Centres Inc, (OPSC) is currently undertaking site servicing investigations for a proposed commercial development in the City of Niagara Falls. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905-356 -7521 www.niagarafalls.ca d permission from OPG to enter upon a portion of the constructing an underground culvert and outfall into the Working Together to Serve Our Community Community Services Department Municipal Works August 31, 2009 Hydro Power Canal. Upon completion of the project the City of Niagara Falls (City) will enter into an easement agreement for the project. OPG grants permission to OPSC and the City to use the Lands commencing on August 1, 2009 and terminating on September 30, 2010 (the "Term "). Project Funding: The estimated costs of these works within the OPG lands and the city's road allowance is $498,500. A security in the form of a Letter of Credit has been provided to the City for this value and will be returned to the developer once the works are constructed to the City's satisfaction. The City has no financial obligations as part of this agreement. Project Schedule: Construction is anticipated to start September 1, 2009 and completed by November 1, 2009. Recommended by: Approved by: Respectfully Submitted by: - 2 - MW-2009-63 Geoff Hole{ tan, 1'rector of Municipal Works Ed Dujlovic, E cutive iirector of Community Services t Ken odd, Chief Administrative Officer R. Volpini S:IREPORTS120091MW- 2009.63 - OPG Oakwood Dr. Temporary Acess and Construction Licence Agreement Smart Centres.wpd FA PROPOSED Wows se woo sTisp•ssmoriiisoPtite =7' I I Lands subject to OPG 1 fricence Agreement Nittgareiji0 OAKWOOD DRIVE SITE PLAN r illarOCIr = 700 Applewood Crescent, Vaughan, ON, L4K 5X3 August 19 2009 City of Niagara Falls Municipal Works Attn: Brad Johnston, A.Sc.T. 4310 Queen Street, PO Box 1023 Niagara Falls, Ontario L2E 6X5 Phone: (905) 356 -7521 x4290 Re: Ontario Power Generation Access Agreement, Oakwood Drive, Niagara Falls Dear Brad, Warm Regards, Salima Rawji — O wood Place Shopping Centre Inc. Associate, SmartCentres 700 Applewood Cres, Suite 100 Vaughan, Ontario L4K 5X3 (905) 760 -6200 x 7958 s rawji @ smartcentres.com Centres SCt-a3cYbroa5 Telephone (905) 760 -6200 Fax (905) 760 -6201 RFD AUG 2 C 2001 ENGINEERIN Niano# Please find enclosed four Execution Copies of the Ontario Power Generation Access Agreement for Oakwood Drive for council signature. Please do not hesitate to contact me if you require anything further from Oakwood Place Shopping Centre Inc. in order to have this agreement executed. August 31, 2009 MW- 2009 -64 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -64 Fernwood Subdivision CN Rail Watermain Pipe Crossing Agreement Lundy's Lane (Mile 26.41 Stamford Subdivision) RECOMMENDATION: That the Mayor and City Clerk be authorized to sign and execute an agreement with Canadian National Railway Company for the right to construct, use and maintain a new 200mm diameter watermain on Lundy's Lane required for the Femwood Plan of Subdivision. BACKGROUND: Recommended by: Approved by: Respectfully Submitted by: Niagararalls Niagara Falls City Council and The Ontario Municipal Board have given draft approval to the Fernwood Plan of Subdivision being developed by 800460 Ontario Ltd. which is subject to the satisfaction of a number of conditions. One of these includes the construction of a watermain loop on Lundy's Lane. This infrastructure must cross the CN Rail Right -of -Way which requires the municipality to enter into an agreement with CN specifying the terms, costs and conditions that will apply during construction. The costs involved in the preparation and execution of this agreement will be invoiced directly back to the developer. The construction of the infrastructure on Lundy's Lane is expected to commence over the course of the Fall/Winter 2009 subjec to receipt of other necessary approvals. Geoff Holman, B' ector of Municipal Works Ed Dujlovic,'ixecutive Director of Community Services 4310 Queen Street, p.O.Box 1023, Niagara Fails, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca dd, Chief Administrative Officer Working Together to Serve Our Community Community Services Department Municipal Works 4162176075 Canadian National Railw Facsimile To: Geoff Holman Co: City of Niagara Falls Fax 905- 356 -2354 Phone: 905- 356 -7521 Pages: 6 CONF/DENT/AL rids facsimileOnduding all accompanying documents)maycontin confidential intonation and maybe protected by solicitor - relent pdvilege. It Is intended for use by the person to whom iris addressed only Any other use d/ strrbudonor copying cr Micro prohibited. If received in error, notify us bnmedletefyby telephone (collect) and retum orighial transmission by mail without making a copy. Regards, Katherine Ash Utflfties Coordinator MacMillian Yard 4 Welding Way (off Administration Road) P.O. Box 1000 Concord, Ontario L4K 189 From: 905-760-3406 Phone: 905- 669 -3184 Date: 22- 1u1-09 Fax: Email: katherine.as cn.ca Lundy's Lane, 200mm Watermaln - Standard Pipe Crossing Agreement CONF /DENT /EL Katherine Ash 09:47:37 22 -07 -2009 116 System Engineering Engineering Services 4 Welding Way Off Adiministratlon Road PA. Box 1000 Concord, Ontario T: 905-669-3184 F: 905- 760 -3406 Cet envoi par tidcople 61compds tout /es documents qui i'accnmpagnend peat desrense lgnementsconfidentlelset peat ette pmt€gApar le secret prolestionndd II est destineuniquementd la personne 6 qui II estadressd. Toute autre udlisafion de cette dacumentationainsi quesa distribution ou reproduction estsirktement prohibee. Si vous I'avez rep par erreur, veuillez nous aviser imm€dtatement par telephone (a trait vir€s) et nous en retourner ('original par la poste sans en faire de copie. Geoff, per my phone message, endosed this the required crossing agreement. Please return to my attention. Scan or fax is acceptable. 4162176075 Canadian National Railw STANDARD PIPE CROSSING AGREEMENT Y/F: O/F: GLD-08-283/UGP-SFD-26.41 AGREEMENT NO. This Agreement entered into at Toronto, Province of Ontario, this 22 "d day of July, 2009. BETWEEN: AND: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetiere Street West, Montreal, Quebec H3B 2M9 (hereinafter called the "Railway") CITY OF NIAGARA FALLS 4310 Queen St. Niagara Falls, ON, 1.2E 6X5 (hereinafter called the "Applicant ") 3. No maintenance work shall be done without first obtaining the Railway's consent. 09:47:47 22 -07 -2009 2/6 2009/07/22 WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain 200mm PVC DR -18 watermain in 400mm steel casing, within the Railway's right -of -way, at mile 26.41 of the Stamford Subdivision (hereinafter the "works "), in the City of Niagara Falls, Province of Ontario, as shown an Plan No. S1- 753 -01 and 51- 753 -02, dated/revised August 2008 (hereinafter the "Plan "), attached hereto and forming part hereof. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. The Applicant will carry out the work as shown on the attached Plan (Appendix A), and in accordance with Railway requirements respecting safe railway operations, and no works shall proceed until the Agreement has been signed and the plan has been approved by the Railway. 2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E -10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent replacement document, according to the plans and specifications approved by the Railway. 4. Under certain circumstances, before giving its permission to proceed to any work, the Railway may, at its discretion, assign an inspector to supervise the work to take place on its property. While so engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by the Applicant immediately upon request by the Railway. 4162176075 Canadian National Railw 09:48:02 22 -07 -2009 3/6 - 2 - 2009/07/22 5. All costs associated with the construction, the replacement, the use and the maintenance of the works, including flagging, location of underground cables and engineering fees, shall be paid by the Applicant. 6. Should it become necessary or expedient for the purposes of repair or improvement on the said Railway that the works be removed, relocated or modified, the Applicant shall, at its risk and expense, comply with the request of the Railway, failing which the Railway shall have the right to execute or have executed, at the risk and expense of the Applicant, any work required to remove, relocate or modify the said works. 7. In addition to any other amounts payable by the Applicant pursuant to this Agreement, as compensation for the rights and privileges herein granted and until Clause 13 is invoked, the Applicant shall immediately pay a non - refundable one -time lump sum of $1,850, plus the applicable G.S.T. All sums payable pursuant to this clause shall be payable to the order of the Railway, care of its authorized representative, at such address as the authorized representative shall provide. The Applicant shall also pay all taxes, rates and assessments of any other nature that may be levied from time to time during the course of this Agreement against the Railway's property as a result of the works constructed by the Applicant. The Railway's G.S.T. Registration Number is R100768779. 8. The Applicant shall indemnify and save harmless the Railway from and against all actions, causes of action, proceedings, claims and demands (hereinafter referred to as "liability") for any direct losses, costs, damages or expenses suffered or incurred by the Railway, by reason of any damage of whatsoever nature including damages to property or to any persons caused by, resulting from or attributable to any action or omission by the Applicant, its employees, servants, agents, licensees, invitees or generally by those for whom it is by law responsible or to the existence, construction, operation, maintenance, relocation, modification or removal of any crossing, or injury, including injury resulting in death, to the employees, servants, agents, licensees or invitees of the Company while on Railway property, except to the extent that such liability, damage or injury is contributed to, caused by, results from or is attributable to the negligence or misconduct of the Railway or of those for whom it is by law responsible. 9. The Applicant shall immediately carry out all measures which the Railway, in its sole discretion, considers necessary to keep the works free and dear of all environmental contaminants or residue (hereinafter referred to as "Environmental Contamination ") resulting from the Applicant's occupation or use of the Railway's premises (hereinafter the "Premises "), such condition to be confirmed (at the option of the Railway and at the sole expense of the Applicant) by a post- termination environmental inspection/audit of the Premises to be carried out by the Railway. The Applicant shall be solely responsible for the cost of all work carried out to correct any Environmental Contamination which occurs on the Premises, or which occurs on other lands as a result of the Applicant's occupation or use of the Premises. 9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a potential source of Environmental Contamination may be either present on the Premises or at risk of escaping from or onto the Premises to or from the adjoining lands, the Railway shall have the right to enter upon the Premises, at all reasonable times and from time to time, in order to inspect the Premises and conduct or require the Applicant to conduct at the Applicant's expense, such tests as may be required to verify the condition of the Premises. The Applicant shall, at its expense, take any and all action as shall be required to prevent such Environmental Contamination from occurring or escaping from or onto the Premises. b) The Applicant shall be responsible to notify the Railway of all Environmental Contamination that the Applicant suspects is occurring on or escaping onto the Premises from adjacent lands or resulting from third party occupation. 4162176075 Canadian National Railw 09:48:25 22 -07 -2009 4/6 - 3 - 2009/07/22 9.2 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the Railway and any public authority having jurisdiction, the Railway may perform such work by its employees or agents. The Railway may charge the Applicant from time to time for all the costs incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15 %) for overhead, and the Applicant shall pay the Railway's invoice or invoices for such costs within ten (10) days of receipt of each invoice. In the event such remedial work is carried out by any public authority, the cost of such work shall be borne by the Applicant. 9.3 The Applicant shall comply with the provisions of any federal, provincial or municipal laws applicable to the Premises with respect to maintaining a clean environment. If any public authority having jurisdiction with respect to environmental protection or fire protection requires the installation of equipment or apparatus on the Premises to improve the environment or to improve fire protection facilities, then the Applicant shall promptly install such equipment or apparatus or take such measures as may be required by such public authority. The Applicant shall be solely responsible for the cost of all work carried out to comply with the requirements of a public authority. 9.4 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and tidy condition, free of any Environmental Contamination resulting from or occurring during the Applicant's occupation or use of the Premises. If the Applicant has installed any facility on or under the Premises, the Applicant shall remove such facility, subject to the provisions of Clause 15. The Applicant shall have the burden of proving that any Environmental Contamination has not resulted from or occurred during its occupation or use of the Premises. 9.5 The responsibility of the Applicant to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding the termination of this Agreement. 10. The Applicant shall, at its sole expense, provide and maintain in full force and effect during the term of this Agreement, insurance coverage as follows: 10.1 Commercial General Liability, in the amount of no less than ten million dollars ($10,000,000) per occurrence, combined single limit for bodily /personal injury (including death), or for damage to or destruction of property (including loss of use) caused by accident or occurrence. This policy shall name the Railway as an additional insured and shall contain a cross - liability clause. 10.2 The Applicant shall provide the Railway with proof of insurance in the form of an insurance certificate, which certificate shall detail the coverage requirements and shall obligate the insurers to give the Railway a thirty (30) day prior written notice of cancellation or non - renewal, or of any material change affecting the coverage provided therein. 11. The Applicant's property, and any other person's property, shaft, while located on the Railway's premises to fulfill any obligation covered by the present Agreement, be deemed to be there at the risk of the Applicant as to damages, loss or theft attributable to any cause whatsoever. 12. This Agreement is binding upon the respective employees, agents, successors and representatives of the Railway and the Applicant; however, the Applicant may not assign or transfer this Agreement, in whole or in part, or any of the rights and privileges resulting there from, without the prior written consent of the Railway. Said consent may not be unreasonably withheld. 13. This Agreement will continue in force from the date hereof to its termination, at any time, by giving 4162176075 Canadian National Rallw 2009/07/22 a written notice to the other party at least thirty (30) days from the date of expiration. In the event of any failure by the Applicant to comply with any provisions of this Agreement, and upon the Applicant being notified in writing by the Railway alleging such failure and failing to remedy the failure within (thirty) 30 days of receiving such notice, the Agreement will be forthwith terminated upon receipt of written notice of termination. In either case, it is understood that the Railway will not reimburse the Applicant for any monies paid in advance under the provisions of this Agreement. 14. Unless otherwise specified, all notices, accounts, statements, reports, documents or instructions to be given by any party under the terms of this Agreement must be given in writing at the following address: FOR THE RAILWAY: 1 Administration Road, Floor 1 Concord, Ontario 14K 199 Attention: Contracts Department Facsimile: (905) 760 -5010 FOR THE APPLICANT: CITY OF NIAGARA FALLS 4310 Queen St. Niagara Falls, ON, L2E 6X5 Attention: ' Geoff Holman Facsimile: 905- 359 -2354 - 4 - 09:48:45 22 -07 -2009 5/6 Notice shall be sufficiently given if delivered by courier or facsimile, or if mailed by prepaid registered mail to the above address or to such other place as may be specified in writing. Any notice or other document, if delivered by courier or facsimile, shall be deemed to have been given or made on the date delivered or the date that a confirmation of receipt of the facsimile was recorded by the sender, and if mailed, on the third business day following the date on which it was mailed. In the event of an actual or imminent disruption of postal service in Canada, the notice shall be delivered by courier. 15. Prior to the expiry of the present Agreement or, in the cancellation of the Agreement within a period determined in writing by the Railway, the Applicant will, at its risk and expense, remove from the Railway's property all works constructed under this Agreement, as well as all material not belonging to the Railway, except for the metal casing which will remain in place in perpetuity. As for the pipe installed inside the metal casing, the Applicant will at its discretion have the option of either leaving the pipe or removing it. The Applicant will be required to fill the casing and any pipes left within with cement and restore the Railway's property to the satisfaction of the Railway. Should the Applicant fail to comply with the requirements of this Clause, the Railway reserves the right, at its discretion, to do the work that the Applicant should have done in accordance with this Clause, or to have the work done, at the risk and expense of the Applicant. Under such circumstances all the material located on the Railway's property shall become the property of the Railway, without compensation to the Applicant and without prejudice to the Railway's right to recourse against the Applicant for compensation for any costs or damages incurred by the Railway as a result of the Applicant's default. 4162176075 Canadian National Railw Witness for the Railway Witness for the Applicant Witness for the Applicant - 5 - 16. The Applicant shall not, at any time and in any way, impede the operation, the maintenance or the enjoyment of the Railway's property by the Railway and its representatives. If the Railway deems, at its discretion, that the work being undertaken or the method used to undertake the work will impede the Railway in any way, the Railway may order the work stopped, recommend a different methodology, require that adequate protective measures be taken and generally impose any measures or any combination of measures that the Railway may deem necessary under the circumstances. The Applicant will comply with the requirement of this clause, at its risk and expense and without recourse against the Railway except for damages, if justified. 17. The Applicant agrees not to register this Agreement or to file or register any caveat or other encumbrance based on this Agreement against the title for the said Works without first obtaining the written consent of the Railway. 18. This Agreement shall be govemed by and construed in accordance with the laws of the Province in which the works are located, and all applicable federal laws and regulations. 19. Any dispute relating to the wording and interpretation of the clauses in this Agreement will be resolved in accordance with the Arbitration Act of the Province in which the works are located. 20. The preamble to this Agreement and all its Appendices form an integral part hereof. IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above written. CANADIAN NATIONAL RAILWAY COMPANY Name: Richard K. Paton Title: Regional Manager— Eastem Canada am authorized to bind the Company CITY OF NIAGARA FALLS Name: Title: I am authorized to bind the Company Name: Title: I am authorized to bind the Company 09:49:02 22 -07 -2009 6/6 2009/07/22 August 31, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Nia gara,Falls CANADA Re: PD- 2009 -64 SWC -2009 -003, That's Amore Pizzeria Sidewalk Cafe Licence Agreement with the City 4572 Queen Street RECOMMENDATION: That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Kanagasangary Tharmasangary & Suresh Balendra and Historic Niagara Development Inc. to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of That's Amore Pizzeria located at 4572 Queen Street. BACKGROUND: PD- 2009 -64 KanagasangaryTharmasangary & Suresh Balendra and Historic Niagara Development Inc. have applied to the City for a Sidewalk Cafe Licence Agreement for a sidewalk cafe in front of That's Amore Pizzeria located at 4572 Queen Street, as shown on Schedule 1. The Sidewalk Cafe application has been reviewed by staff and is recommended for approval. The licensed area is approximately 38.10 square metres and is shown hatched on Schedule 1. The licence fee for 2009 is $952.50. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2 million to cover Kanagasangary Tharmasangary & Suresh Balendra and the City. At it's discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that .4 310 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905-356 -7521 www.niagarafalis.ca Working Together to Serve Our Community Community Services Department Planning & Development August 31, 2009 - 2 - PD- 2009 -64 pedestrian safety could be compromised, or if the City requires the lands for its or another agency's purpose. Each party must give 30 days written notice to terminate the licence. Recommended by: Approved by: Respectfully submitted: A.Dilwaria:mb Attach. Alex Herlovitch, Dire •r of Planning & Development Ed Dujlovic, E' cutive Director of Community Services Ken Tbdd, Chief Administrative Officer S:\PDR\2009 \PD- 2009 -64, SWC- 2009 -003, 4572 Queen St, That's Amore Pizzeria.wpd SIDEWALK CAFE PLAN •CAL9 ADJACENT BLDG. Thats Amore Pizzeria- 4572 Queen Street CHRYSLER AVENUE d EXISTING CONCRETE - 9/W EX. TRAFFIC DIRECTIO 1. LOP EXISTING TREE 4191 EX TRAPPIC DIRECTION EXISTING TREE »1CHC14 OR SLEEVE POSTS INTO EPSrDENWIC TTP. CO.ORnIHATE PPP aperon.prp 9ERVILEIHTESPERL'NCSS ELEVATION 'A' 5441.5 EXISTING PLANTER TO 9E RELOCATED 2696 1:u EMSTNe LAMP POST r1ROUSHTIFONR#W116 -51461 PA44 -91491 POSTS .19419 SPINDLES z W W Sidewalk Cafe Statistics patio area 38.10 rn2 no. of seating 18 RECEIVED MAY 08 2009 PLANNING & DEVELOPMENT AA.9s P PAY19,NCM/*OVAL APRIL*, 2001 •I • match 29 200* by ••ngly drawing no. 200942 -300 revisions contract design g associates HNDI Thais Amore Pizzeria Sidewalk Cafe Plan m 0 r rn r August 31, 2009 TS- 2009 -37 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2009 -37 - Bridge Street - Revisions to Bus Stops and Taxi Stands RECOMMENDATION: That this report be received for the information of Council. BACKGROUND: Niagaraj'alls CANADA At the June 8, 2009 Council meeting, a staff report was approved regarding the need to make changes to parking zones on Bridge Street (Regional Road #43 ), in front of the VIA Train Station. These changes were implemented to provide a staging /queuing area for Niagara Falls Transit vehicles to address the weekend and holiday GO Train service that began June 27, 2009. Since then, after a number of weeks in operation, staff has monitored the new layout to determine if it was operating effectively and efficiently. Although the changes improved the operation, concems were raised regarding better accessibility to the front doors of the VIA Train Station and better exposure for the taxi cabs. Staff met with representatives from VIA Rail, GO Transit and the Region, (the Mayor was also in attendance), to discuss the need to make further enhancements to the parking layout. The result, is an improved layout that will provide for a drop -off area in front of the Via Station main entrance, an additional taxi stand that is closer to the GO Train platform as well as a better strategically placed Niagara Falls Transit stop. Staff and the Mayor then met with taxi companies /drivers to discuss these new revisions to the parking arrangements and the fact that an additional taxi stand will be installed adjacent to the parking lot which would provide them better exposure to the GO Train patrons. These revisions were met with a positive reaction. The new parking layout took effect on Friday, August 14, 2009. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services August 31, 2009 Staff will continue to monitor the situation to determine if further enhancements are required. Recommended by: Approved by: Respectfully Submitted: Karl Dren, Director of Transportation Services Ed Dujlovid'Executive Director of Community Services Ken odd, Chief Administrative Officer TS- 2009 -37 S:1General Administration\GA 1.01 Reports12009 CouncllS08 Aug 311TS- 2009 -37- Bridge Street Revisions to Bus Stops and Taxi Stands.wpd Niagara„ J�alls Revised Parking Zones on Bridge Street 1 NORTH CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Parcel Street -1 Section M-40; Montgomery Street Plan M -40; in the City of Niagara Falls is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirty-first day of August, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009. August 31, 2009. August 31, 2009. A by -law to authorize the execution of an Agreement of Purchase and Sale with Niagara Peninsula Energy Inc. respecting the purchase of lands, being Montgomery Street; 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 Niagara Peninsula Energy Inc. and The Corporation of the City of Niagara Falls for the property described as Parcel Streets -12 Section M40; Montgomery Street, Plan M40; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirty -first day of August, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009. August 31, 2009. August 31, 2009. CITY OF NIAGARA FALLS By -law No. 2009 - AGREEMENT OF PURCHASE AND SALE PURCHASER Niagara Peninsula Energy Inc. agrees to purchase from VENDOR The Corporation of the City of Niagara Falls the following REAL PROPERTY: Address Montgomery Street; in the City of Niagara Falls, Regional Municipality of Niagara and legally described as Parcel Streets -1 Section M40: Montgomery Street Plan M -40 Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. (the "property"). PURCHASE PRICE: Two Hundred Seventy -Three Thousand Five Hundred Dollars Dollars(CDN $273,500.00 ) DEPOSIT: Purchaser submits Twenty -Seven Thous and --------------------------------- - - - - -- Dollars (CDN$ 22000 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 form(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 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 l6" day of September 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) 371 -2892 Ira, away anyhow, lo vendor) FAX NO. (905) irdd.r+ su•.n.t.,t 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. n+«dtd..w Rasa." al 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: (1) 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 VscantLand 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 maybe specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided 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; (c)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 limes 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. 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. 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 reglsterable 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 Poputaire. 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, thls 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 hereln. DATED AT Niaeara Falls this .S` day of � � 2009 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (wemo (Winos) NIAGARA PENINSULA ENERGY INC. 1, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this 3 I S* day of �w- 2009 CCill 31( SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: w-n- R.T. (Ted) Saki, Mayor named Dean Iodide, Clerk Address for Service: The Corporation of the City of Niapara Falls, 4310 Oueen Street, p,0. Box 1023, Niapara Falls, ON L2E 6X5 Tel No. (905 1356-7521 Vendor's Lawyer Kenneth L Beaman THE CORPORATION OF THE CITY OF NIAGARA FALLS Ivnww Ivm)R.T. (Ted) Salci, Mayor (Sean Iwkmnl rv«m,Dean lorfida, City Clerk (Sean CONFIRMATION OF EXECUTION: Notwllhstandinganything contained herein to the contrary, I confirm thls Agreement wlt .all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of 20 09 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of thls accepted Agreement of Purchase and sale and direct That a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS NIAGARA PENINSULA ENERGY INC. DATE DATE DATE (Pam/mod Title: TlOe: Address for Service: Tel. No. (9051 Iarynw.I DATE DATE Purchaser's Lawyer Address 4110 Oueen Street P.O. Box 1023 Address 14iapara Falls ON L2E 6X5 (905 )356 -7521 (905 )371 -2892 (9051 (9051 TeI.NO. FAX No. Tel. No. FAX No. .0 2 SCHEDULE "A" A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Kanagasangary Tharmasangary and Suresh Balendra c.o.b. as That's Amore Pizzeria and Historic Niagara Development Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of That's Amore Pizzeria located at 4572 Queen Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated June 1, 2009, and made between Kanagasangary Tharmasangary and Suresh Balendra c.o.b. as That's Amore Pizzeria as Licensee, Historic Niagara Development Inc. as Owner and The Corporation of the City of Niagara Falls as City, respecting the licencing of a Sidewalk Cafe in front of 4572 Queen Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirty -first day of August, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009. August 31, 2009. August 31, 2009. CITY OF NIAGARA FALLS By-law No. 2009 - THIS AGREEMENT made this P' day of June, 2009. BETWEEN: KANAGASANGARY THARMASANGARY and SURESH BALENDRA c.o.b. as That's Amore Pizzeria, Hereinafter called the "Licensee" - and - HISTORIC NIAGARA DEVELOPMENT INC., Hereinafter called the "Owner" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; of the THIRD PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown on Schedule "A" attached hereto, (hereinafter referred to as "City lands "); AND WHEREAS Historic Niagara Development Inc. is the owner of the adjoining lands municipally known as 4572 Queen Street, Niagara Falls, Ontario, and more particularly described in Schedule "3" attached hereto (hereinafter referred to as the "Licensee's lands ") which are leased to Kanagasangary Thannasangary and Suresh Balendra c.o.b. as That's Amore Pizzeria; AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from April I to October 3 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence April I ", 2009, and shall terminate on October 31', 2014, subject to its earlier termination. 4, The Licensee shall pay a fee of Nine Hundred Fifty Two and 50 /100 Dollars ($952.50) plus GST per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of April in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C ". 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules 14. Any notice to be given pursuant to this licence maybe delivered or sent by prepaid first class mail or facsimile transmission to the Licensee, the Owner and the City as follows: The Licensee: That's Amore Pizzeria Attention: Kanagasangary Tharmasangary 25 Bayfield Drive Richmond Hill ON L4S 2M5 Telephone: (905) 246 -3951 The Owner: Historic Niagara Development Inc. 1 First Canadian Place Suite 3300, P.O. Box 72 Toronto ON M5X IB1 The City: The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) - Where this agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted above. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of prepaid ordinary first class post, on the third day, which is not a holiday, following posting. 15. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at anytime bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. 16. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 17. (a) Either party may tenninate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 18. The Licensee agrees that the City may terminate this licence or modify the site area if the land is required for any purpose by the City. This includes increased sidewalk width to accommodate increased pedestrian volume. 91 1i j n d- Mctc. Dors. f -5- 19. Upon termination of this licence, the Licensee sha]f entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 20. If the Licensee is in default or breach of any of the terms of this agreement, the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Owner by adding the expenses to the Owner's municipal taxes to be collected as taxes in accordance with the Municipal Act, 2001, S.O. 2001, c. 25 and any successor legislation thereto. 21. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee has hereunto set his/her hand(s) and seal(s) and the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. ) ICanagaM gary Tharmasangary ) p _h i ) SUQG&4 ll4LG KDIZA ) HISTORIC NIAGARA DE LOPMENT INC. NameL A c _ Q , ) Title: ) Name: ) Title: ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) ) Name: R.T. (Ted) Salci ) Title: Mayor ) ) Name: Dean Iorfida ) Title: City Clerk t'fl RR Coc\7 l SCHEDULE "A" to an Agreement dated June 1, 2009, between KANAGASANGARY THARMASANGARY and SURESH BALENDRA c.o.b. as That's Amore Pizzeria and HISTORIC NIAGARA DEVELOPMENT INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS QUEEN STREET SCHEDULE "B" to an Agreement dated June 1, 2009, between KANAGASANGARY THARMASANGARY and SURESH BALENDRA c.o.b. as That's Amore Pizzeria and HISTORIC NIAGARA DEVELOPMENT INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Lot 7, Block "S ", Plan 999 - 1000, Town of Niagara Falls, as in Instrument Number RO697976 subject to the easement contained therein, in the City of Niagara Falls, in the Regional Municipality of Niagara, being all of PIN 64329 -0149 (LT). SCHEDULE "C" to an Agreement dated June 1, 2009, between KANAGASANGARY THARMASANGARY and SURESH BALENDRA e.o.b. as That's Amore Pizzeria and HISTORIC NIAGARA DEVELOPMENT INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning andDovelopmcnt Council Approval Septetbar 12,1994 RevisedMesch'2003 Introduction: The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses, The Guidelines do not replace any requirements of any other agency, including the Alcohol & Gaming Commission of Ontario (AGCO). Parh application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation ofthe City ofNiagara Palls, its officers and employees arenot bound bytheinfotmation contained in the Guidelines, nor arc they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe sha11 conform to any applicable provisions of the Znning By-law, the Ontario Building Code, the Pire Code and Site Plan Conhnl. Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/orrefrrchmcnts are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafemeans thatportionofmunioipal property between the property line and the travelled portion ofa road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunotion with a restaurant. Seasonal means the six month period from May l to October 31, both inclusive. FQ&11R I ' teri ChM , Sidewalk Cafe Guidelines Zonfng; A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing blinding as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City ofNiagara Falls. Occupancy and parking requirements of the sidewalk caf6 and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by - laws where applicable. Criteria: Pedestrian Movement - The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedestriantraffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shsll not normallybe considered where the total sidewalk width is 3 9 metres (13.0 feet) or less. FIGURE 2 • PEDESTRIAN MOVEMENT v«at+5 4 II vu ..4,. A 1,411M111,1111 uminemuni �� !4'4::4!i'rgL._`+:!A 4LGL 1'0. .�y. nyM ,. •l11111iil1111111 i 11 x 41111‘ 1l1 = IF ""StrslsiilltrwrM AISMI 1 1 1 11 1 11 1 1Pai r Placement - Theplacement ofa sidewalk cafe will abut the.propertywhere therelated'restaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0:9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk caf6 must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abuttingpmperty /business,written consmtofthe affectedproperty/business ownermustbeprovided at the time of application. Tha sidewalk cafe may be located at the front or exterior ' side of a restaurant use, Design: Enclosure - The outdoor sidewalk cafe shall be separated from the area ofthe sidewalk reserved for pedestrian movement through the use of decorative fencing, planter bories/containers or similar barriers. Such barriers should be' freestanding, structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AOCO if the sidewalk cafe is licensed. Access - The sidewalk cafe shall be designed to ensure a minimum emergency evacuation rout; in accordance with standards of the Ontario Building Code and/or the regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1 0 metres (3.2 feet). The sidewalk cafe shall not impede any existing bander - free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity - A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas - Busing stations, service bars, electrical service illuminated signs and lighting . fixtures are notpemrittedon the public portion ofthesidewa lk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into thopedestrianmov6mentarea. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the Cityhas been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application - An application to establish a sidewalk cafe on anyportion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application aha11 be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the properly on either side of the proposed sidewalk caf6 for comment prior to entering into an agreement. Agreement - Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation oftho City ofNiagaraFalls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk caf6 owner /operator shall agree to save harmless the City for anymatter arising as aresult ofthesidewalk oaf6 and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shn 1 be responsible for securing furniture, fixtures, etc., after hours. Fees - Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities - It will be the responsibility ofthe operatorto secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance - The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick-up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality, Seasonal Closure -All furniture, fixtures and fittings shallbe removed from Cityproperty atthe end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewakc shall be removed when the tables and fixtures are not in place or by November 1, (whichever is fast) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours - The outdoor sidewalk cafe shailremain closed duringtheperiod of 11:OOp.m. and 8 :00 a.m. the following day. Taxes - The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations - The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City ofNiagaraFalls, Niagara galls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc s:minaWAIXW HNaRkuOulaaanea.wo • General Conditions 1. Niagaraaays Sidewalk Cafe Construction Permit Conditions Sidewalk Cafe Construction Application approval DOES NOT allow occupancy of the cafe. •Upon completion of sidewalk cafe and sidewalk extension decking Of required), Applicants must contact the Construction Services at (905) 356 -7521, Ext. 6227 to arrange for an inspection. Upon inspection approval the City may issue an occupancy permit. 2. Municipal Works Division - Construction must be notified 46 hours prior to commencement of cafe construction at (905) 356 -7521, Ext. 6227. 3. The sidewalk and road surface shall be kept clear of obstructions and debris to avoid hazard or inconvenience to the public during all phases of construction and operation of the cafe. 4. Positive drainage shall be maintained at all times. 5. The applicant shall not cut, trim or interfere with any trees located within the right -of -way. 6. All changes and /or deviations from the approved plans and /or location shall be subject to re- approval by the City of Niagara Falls. 7. The applicant accepts the City's right to perform any necessary remedial work caused by the applicant's operation, subject to the following conditions: a. The Director of Municipal Works will give the applicant not less than twenty-four (24) hours notice of any remedial work required, except for emergency work. b -. If, at the expiration of the time allowed, the applicant or his /her contractor has not completed remedial work to the Director's satisfaction, the City of Niagara Falls may undertake to have this work done by whatever means it deems necessary. 10. A minimum clear width of 2 metres must be maintained at all times through the sidewalk extension decking. 11. A CONTINUOUS 200mm x 200mm curb is to be installed around the perimeter of the sidewalk decking extension. 12. Drainage holes are to be cut In the perimeter curbing to facilitate drainage along the curb. 13. Railings are to be placed around the exterior of the sidewalk extension decking 1.07 m high with spindle widths on centre at 0.10 m. 14. Railings are to be firmly attached to the decking and be constructed so as to provide protection from someone falling under normal use. The railing system should be constructed so as to withstand loads, forces and effects from pedestrians. 15. Conspicuity tape is to be placed on corner posts and centre posts to delineate railings at night. 16. Decking surface is to be flush with curbing and sidewalk. c. The applicant agrees to reimburse the City of Niagara Falls for all cost incurred under (7a) and (7b) and /or supply the City of Niagara Falls with a Security Deposit, for a specified amount, where applicable. Sidewalk Extension Decking Construction of sidewalk extension decking shall not proceed until required parking stalls have been purchased from the City's Transportation Services Division - Parking Operations. 9. Construction of Sidewalk Cafe shall not commence until sidewalk extension decking within the parking stalls is complete. CITY 0F!a CANADA NIAGARA FALLL THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Forest Glen Drive South Glenoaks Avenue East Glenoaks Avenue West BY -LAW Number 2009 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN4 TIMES OR DAYS Glenoaks Avenue and a point 85 Monday to Friday metres east of Glenoaks Avenue 8:OOam to 4:00pm Forest Glen Drive and At all times Thorold Stone Road Forest Glen Drive and Monday to Friday Thorold Stone Road 8:00am to 4:30pm -2- (2) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Forest Glen Drive South Glenoaks Avenue and Oakridge Drive 8:00 a.m. and 4:30 p.m. Monday to Friday, Excluding Holidays Glenoaks Avenue East Thorold Stone Road and 8:00 a.m. and 4:30 p.m. Forest Glen Drive Monday to Friday, Except Holidays Heikoop Crescent Both Kelly Drive and Parkside Road 8:00 a.m. to 10:00 a.m. And 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 Kelly Drive Both Greenfield Crescent and 8:00 a.m. to 10:00 a.m. Heikoop Crescent And 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 This By -law shall come into force when the appropriate signs are installed. Passed this thirty -first day of August, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: August 31, 2009 Second Reading: August 31, 2009 Third Reading: August 31, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 79 -200 to permit the construction of a 56 storey hotel, including a convention centre and a parking structure, to permit a portion of the required parking to be provided off site and to repeal By -law Nos. 2007 -01 and 2007 -02. WHEREAS the City's Official Plan contains policies to ensure the creation of a high - quality built form and urban environment in the City' s tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS Subsection 34(5) of the PlanningAct provides that the Council ofa local municipality may prohibit the use of land or the erection of buildings or structures until such municipal services as may be set out in a by -law passed under Section 34 of the Planning Act are available to service the land, building and structures; AND WHEREAS the facilities, services and matters secured under the aforesaid agreements are municipal services; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height; AND WHEREAS City Council has adopted Official Plan Amendment No. 56, which permits the development of a hotel to a maximum height of 172 metres and a convention centre subject to a satisfactory architectural design and the provision of facilities, services or matters under an agreement executed pursuant to Subsection 37(3) of the Planning Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedules 1 and 2 and Appendices "A ", `B ", "C" and "D" of this by -law and shall be referred to in this by -law as the "Lands ". Schedules 1, 2, 3 and 4 and Appendices "A ", `B ", "C" and "D" are a part of this by -law. 2. The Lands shall be identified as four parcels, known as Parcels TC -878, TC -879, P -880 and P- 881. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel TC -878, the uses permitted in an TC zone. (b) For Parcel TC -879, the uses permitted in a TC zone and required parking for uses located on Parcel TC -878. (c) For :Parcels P -880 and P -881, required parking for uses located on Parcel TC -878. 6. The regulations governing the permitted uses on Parcel TC -878 shall be: (a) Deemed lot (b) Minimum lot area (c) Location of the various components of the building or structure on the land, their maximum height and maximum number of storeys and minimum yards prior to any dedication for the purpose of road widenings (d) Maximum height of building or structure and maximum number of storeys inclusive of storeys containing mechanical equipment -2- the whole of Parcel TC -878 shall be considered one lot the whole of Parcel TC -878, save and except for any part which may be required to be dedicated for the purpose of road widenings refer to plan Schedules 3 and 4, attached to and forming part of this by -law and clause (d) of this section ) Roof feature (1) Maximum lot coverage -3- (i) Building A as shown on the 172 metres, as measured from the plan Schedule 3 attached Geodetic Survey of Canada elevation hereto 194.47 metres, and a maximum of 56 storeys of which 52 storeys may contain a place of occupancy and which shall include the roof feature as required by clause (e) of this section and is subject to section 10 of this by -law (ii) Building 13 as shown on the 104 metres, as measured from the plan Schedule 3 attached Geodetic Survey of Canada elevation hereto 194.47 metres, and a maximum of 32 storeys which shall include the roof feature as required by clause (e) of this section and is subject to section 10 of this by -law (iii) Building C as shown on the 48 metres, as measured from the Geodetic plan Schedule 3 attached Survey of Canada elevation 194.47 hereto metres, and a maximum of 15 storeys which shall include the roof feature as required by clause (e) of this section and is subject to section 10 of this by -law (i) Building A as shown on the shall have a roof feature which has a plan Schedule 3 attached minimum height of 14 metres above the hereto top storey and may have a maximum of four storeys. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy (ii) Building B as shown on the shall have a roof feature which has a plan Schedule 3 attached minimum height of 14 metres above the hereto top storey and may have a maximum of four storeys, of which two storeys may contain a place of occupancy. The roof feature shall be a distinct architectural element of the building (iii) Building C as shown on the shall have a roof feature which has a plan Schedule 3 attached minimum height of 5 metres above the top hereto storey and may have a maximum of two storeys. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 100% (g) Maximum gross floor area (h) Minimum number of parking spaces (i) for a hotel and ancillary restaurants and retail stores (ii) for a convention centre (iii) for all other uses Minimum perpendicular length ofa parking space Minimum width of a parking space Minimum perpendicular width of a manoeuvring aisle (1) Parking structure (m) Parking stacker spaces (n) Minimum vertical dimension of a parking level designed to accommodate parking stacker spaces (o) Location of parking -4- 153,100 square metres 1 parking space for every 1.25 hotel units, plus 59 parking spaces 7.9 parking space for every 100 square metres in accordance with clause (a) of section 4.19 of By -law No. 79 -200 5.9 metres 2.6 metres 6.0 metres the hotel shall include a parking structure providing a minimum of 30% of the parking spaces required by clause (h) of this section, on the TC -878 lands parking spaces required by clause (h) of this section may be provided by means of parking stackers within the required parking structure, each parking stacker module accommodating no more than two parking spaces that are accessed by a manoeuvring aisle that conforms to the minimum dimensions specified in clauses (i), (j) and (k) of this section 3.4 metres a maximum of 102 required parking spaces that cannot be provided on Parcel TC -878 shall be provided on Parcel TC -879 a maximum of 388 required parking spaces that cannot be provided on Parcel TC -878 shall be provided on Parcel P -880 a maximum of 207 required parking spaces that cannot be provided on Parcel TC -878 shall be provided on Parcel P -881 Minimum number of loading spaces (p) (q) (r) Maximum floor area for each retail store (s) Maximum number of seats in all restaurants Maximum floor area for all retail stores (t) The balance of regulations specified for a TC use. 7. The regulations governing the permitted uses on Parcel TC -879 shall be: (a) Minimum perpendicular length ofa parking space (b) (c) Minimum perpendicular width of a manoeuvring aisle (d) Minimum number of parking spaces Minimum width ofa parking space (e) Minimum landscaped open space -5- 4, in accordance with the dimensions contained in section 4.20.1 of By -law No. 79- 200 1,000 square metres 400 square metres 2,150 5.9 metres 2.6 metres 6.0 metres (f) The balance of regulations specified for a TC use. 102, which may be provided in tandem a 3 metre wide strip along and between any surface parking area and the Stanley Avenue, Murray Street and Main Street road allowances, save and except for a maximum of 2 driveway entrances 8. The regulations governing the permitted uses on Parcel P -880 shall be: (a) Minimum perpendicular length of a 5.9 metres parking space (b) Minimum width ofa parking space 2.6 metres (c) Minimum perpendicular width ofa 6.0 metres manoeuvring aisle (d) Maximum number of parking 388, which may be provided in tandem spaces (e) Minimum landscaped open space 9. The regulations governing the permitted uses (a) Minimum perpendicular length of a parking space (b) Minimum width of a parking space (c) Minimum perpendicular width of a manoeuvring aisle (d) Maximum number of parking spaces (e) Minimum landscaped open space -6- a 6 metre wide strip along and between any surface parking area and the Robinson Street, Allendale Avenue and Main Street road allowances, save and except for a maximum of 3 driveway entrances a 6 metre wide strip along and between any surface parking area and any lot under a residential or institutional zone, save and except for properties used for electrical transmission purposes on Parcel P -881 shall be: 5.9 metres 2.6 metres 6.0 metres 270, which may be provided in tandem a 6 metre wide strip along and between any surface parking area and the Robinson Street and Allendale Avenue road allowances, save and except for 1 driveway entrance a 6 metre wide strip along and between any surface parking area and any lot under a residential or institutional zone, save and except for properties used for electrical transmission purposes (f) Minimum fencing along and a close -board type fence with a minimum adjacent to any property used for height of 1.8 metres residential purposes 10. For the purpose of this by -law, "roof feature" means a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy or be used for commercial purposes, unless otherwise permitted by this by -law, but shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By -law No. 79 -200, and except for any flagpoles, or other similar decorative roof features, decorative cupolas not exceeding 4.5 metres in width and 6 metres in height, and radio, telephone, television or telecommunications towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature. -7- 11. The owner of Parcels TC -878 and TC -879 is required, pursuant to subsection 37 (3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 12 of this by -law and such agreements are to be registered on title. 12. The height of the building or structure permitted by section 6 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of Parcels TC -878 and TC -879 providing the following facilities, services and matters to the City namely: (a) a contribution of $1,200,000 in cash to the City, to be used for a new arena project that is beyond what would otherwise be provided under the provisions of the Planning Act or the Development Charges Act, in accordance with an agreement entered into pursuant to section 6 of this by -law; (b) streetscape improvements to the street frontages along Stanley Avenue, Fallsview Boulevard, Main Street and Murray Street adjoining the subject lands described in section 1 of this by -law, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by development charges and 2 % parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan and the City's Urban Design Guidelines; and (c) the provision of an architectural design for the hotel, convention centre and parking structure including, but not limited to, surface articulation, exterior materials, roof structure, pedestrian scale uses, and design of the public realm satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development, in accordance with an agreement entered into pursuant to section 11 of this by -law. 13. No building or structure shall be erected until such time as the facilities, services and matters required by an agreement entered into pursuant to section 11 of this by -law are provided. 14. For the purposes of this by -law: "parking stacker" means a mechanical motor vehicle parking device in which two parking spaces are provided with one positioned above the other and accessed by a manoeuvring aisle as provided for in clause (m) of section 6 of this by -law. "storey" means a storey or a half storey as defined in sections 2.54 and 2.55 of By -law No. 79- 200. "top storey" means the uppermost storey of a building save and except for any storeys provided within the roof feature. 15.: Should the owner or occupant of Parcels TC -878 and TC -879 have the licence for the use of Parcels P -880 and P -881 terminated by Hydro One Networks Inc., the owner or occupant of Parcels TC -878 and TC -879 shall provide the necessary required parking spaces in another location that is appropriately zoned and acceptable to the City of Niagara Falls. 16. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -8- 17. No person shall use the Lands for a use that is not a permitted use. 18. No person shall use the Lands in a manner that is contrary to the regulations. 19. The provisions of this By -law shall be shown on Sheets C4, C5, D4 and D5 of Schedule "A" of By -law No. 79 -200 by renumbering the lands from 752 and 754 to 878, in part, and from 753 to 879, in part, and by redesignating the Lands from I and numbered 754, in part, and TC and numbered 754, in part, to P and numbered 880, in part, and from R2, in part, and TC, in part, to P and numbered 881, in part. 20. Section 19 of By -law No. 79 -200 is amended by deleting sections 19.1.752, 19.1.753 and 19.1.754. 21. By -law Nos. 2007 -01 and 2007 -02 are repealed. 22. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.878 19.1.879 19.1.880 19.1.881 Refer to By -law No. 2009 - Refer to By -law No. 2009 - Refer to By -law No. 2009 - Refer to By -law No. 2009 - Passed this thirty -first day of August, 2009. DEAN IORFIDA, CITY CLERK R. T. (1 ED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009 August 31, 2009 August 31, 2009 s:1ZONINGwMs12009\BY -LA WS\Byamoos.wpd FIRSTLY SECONDLY - APPENDIX "A" Pt Range 14 -16 Pl 1 As In R0585864, Except Pt 1, 59R7271, T/W R0770333; Niagara Falls, being all of PIN 64377 -0105 Pt Ranges 16 & 17 PI 1 As In R0754194 & R0773864 Except Pts 2, 3 4 & 5, 59R12018 & Pt 1, 59R13426; S/T R0770333, Niagara Falls, being all of PIN 64377 -0171 THIRDLY Pt Range 14 -16 P1 1 Pt 1, 59R6575; S/T R0770333; S/T Easement Over Pt Range 14, Being Pt 2 59R13979 In Favour Of Pt Range 13 -15 P1 1; Pt Dixon St. Buchanan St, P1 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Ave) As Closed By R0430946 & R097685 As In R0777941, As In SN243725; T/W Easement Over Pt Of Ranges 14 & 15 PI 1, Pt Of Buchanan Avenue, Plan 1, Being Fallsview Boulevard (Formerly Buchanan Street, Formerly Buchanan Avenue) As Closed By R0430946 & R097685, Pts 1 & 4 59R13979 As In SN243726; Niagara Falls, being all of PIN 64377 -0106 FOURTHLY Pt Range 14 P1 1 As In R0773864; S/T Easement Over Pt Range 14 P1 1, Being Pt 3 59R13979 In Favour Of Pt Range 13 -15 PI 1; Pt Dixon St, Buchanan St, P1 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Ave) As Closed By R0430946 & R097685 As In R0777941, As In SN243725; T/W Easement Over Pt Of Ranges 14 & 15 P1 1, Pt Of Buchanan Avenue 1 1, Being Fallsview Boulevard (Formerly Buchanan Street, Formerly Buchanan Avenue) As Closed By R0430946 & R097685, Pts 1 & 4 30R13979 As In SN243726; Niagara Falls, being all of PIN 64377 -0107 -10- APPENDIX `B" Pt Stanley St PI 1 Stamford As Closed By By -law BL8; Pt Range 17 P1 1 Stamford as in ST11632 & ST11633 (Firstly), Except RO178426 & BB69923, Niagara Falls, being all of PIN 64351 -0113 APPENDIX "C" Part Lt 3 s/s Robinson Street P1 653; Pt Range 20 P1 1 Stamford; Pt Range 21 P1 1 Stamford as in NF1399 Except NF55274; S/T Easement as in NF55274; Pt Lt 25 Range 19 W of Allan St P1653 as in NF17084 Except RO739877; Pt Lt L E/S Portage Rd PI 653; Pt Lot 24 E/S Portage Rd S of Ferry St PI 653 as in NF46544; Except Pts 2, 15, 16, SN104737, Niagara Falls, being all of PIN 64350 -0220 -12- APPENDIX "D" Part 1 on Reference Plan 59R- 10988, being part of PIN 64349 -0233 SCHEDULE 1 TO BY -LAW No. 2009- Subject Land Description: See Appendices "A" and "B" Applicant: Hospitality Resorts Inc. N: \GIS_Requesls\ 2003\ Schedules \ZonIngAM\AM- 35\mapping.map Amending Zoning By -law No. 79 -200 Assessment #s: 272503000806000 272503000817900 272503000817500 272507000312300 272503000817401 272503000817950 1:NTS AM- 2009 -008 July 2009 Subject Land SCHEDULE 2 TO BY -LAW No. 2009- Amending Zoning By -law No. 79 -200 Description: See Appendices "C" and "D" Applicant: Hospitality Resorts Inc. Assessment #s: 272504000106000 K:\ GIS_ Requests2003\ 5chedules\2oMm3AM\AN- 35\mappIng .map 1:NTS AM- 2009 -008 August 2009 SCHEDULE 3 TO BY -LAW No. 2009- Legend Maximum Building Height - Tower Building Components Above Geodetic Survey of Canada Elevation 194.47 m Max. # of Storeys wet via 2 5 8 8 Maximum Height 15m 19m 29m 42m K:\GIS Requests\2003\S hedules \ZoningAMytM- 35\mapping.map Amending Zoning By -law No. 79 -200 Description: Applicant: See Appendix A Hospitality Resorts Inc. 1:NTS AM- 2009 -008 August 2009 SCHEDULE 4 TO BY -LAW No. 2009- Subject Land Legend Maximum Building Height - Tower Building Components Above Geodetic Survey of Canada Elevation 194.47 m 1111 i Max. # of Storeys Maximum Height 15 48m 32 104m 56 172m K:\GIS_ Requests\ 2003\ Schedules \oningAMWAM- 35\mapping.map Amending Zoning By -law No. 79400 Description: See Appendix A Applicant: Hospitality Resorts Inc. 1:NTS AM- 2009 -008 August 2009 A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp., the Regional Municipality of Niagara and the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp., the Regional Municipality of Niagara and the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirty -first day of August, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009. August 31, 2009. August 31, 2009. CITY OF NIAGARA FALLS By -law No. 2009 - Passed this thirty-first day of August, 2009. First Reading: Second Reading: Third Reading: August 31, 2009. August 31, 2009. August 31, 2009. CITY OF NIAGARA FALLS By-law No. 2009 - A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Ontario Power Generation Inc. and the City of Niagara Falls, respecting the temporary access and construction licence agreement for Ontario Power Generation Inc. lands on Oakwood Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Oakwood Place Shopping Centre Limited, Ontario Power Generation Inc. and the City of Niagara Falls, respecting the temporary access and construction licence agreement as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2009 - A by-law to authorize the payment of $33,592,369.43 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 July 3, 2009 to August 12, 2009. Passed this thirty -first day of August 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009 August 31, 2009 August 31, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31" day of August, 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 31 day of August, 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. Passed this thirty-first day of August, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 31, 2009 August 31, 2009 August 31, 2009