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2009/09/28GNGH Emergency Room COUNCIL MEETING September 28, 2009 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of September 14 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Niagara Falls Thundercats Softball Team The Niagara Falls Thundercats Softball team will be recognized for their recent Provincial Championship. Niagara Falls Minor Peewee Falcons A Baseball Team The Niagara Falls Minor Peewee Falcons A Baseball Team will be recognized for winning the Ontario Baseball Association Peewee Championships. Hospice /Niagara Palliative Care Valerie Williams will inform Council of an upcoming meeting explaining the need for Hospice Pallative Care in the Niagara Region. Dr. Dobrovolskis will speak to the issue of the Emergency Room at the Greater Niagara General Hospital. -2 PLANNING MATTERS Public Meeting AM- 2009 -010, Zoning By -law Amendment Application Schisler Road ( North side) & Willodell Road ( Eastside) Applicant: Eva Szijarto Agent: Brian Sinclair Prohibit Residential Use on Proposed Severance Lot Background Material: Recommendation Report: PD- 2009 -71 Background Material: Recommendation Report: PD- 2009 -72 Public Meeting 26CD -11- 2008 -10, Draft Plan of Condominium ( Conversion) 3915 Portage Road (Westside), North of Thorold Stone Road Owner: Mival Investments Inc. (Bill Grenier) MAYOR'S REPORTS. ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK la. Library Board Vacancy- request of the Library Board to fill existing vacancies. RECOMMENDATION: That Council fill the Vacancies. b. Park in the City - request of the Park in the City Committee to fill existing vacancy. RECOMMENDATION: That Council fill the Vacancy. c. Trails & Bike Way Vacancy - request of the Trails & Bikeway committee to fill existing vacancy. RECOMMENDATION: That Council fill the Vacancy. - 3 - 2a. Chippawa Willoughby Arena - Request of Waiver of Arena Fees associated with the 50` Anniversary of Westlane Secondary School. RECOMMENDATION: For the Consideration of Council b. Gale Centre - Request of Waiver of Fees, The Canadian Cancer Society is bringing hockey for hope tournament in July 2010. RECOMMENDATION: Refer to Staff and budget deliberations. 3a. Fire Prevention Week - Request that October 4 - October 10, 2009 be proclaimed as "Fire Prevention Week" and October 10, 2009 be designated as " Fire Service Recognition Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. b. Niagara Falls Public Library - Request that the week of October 18 - 24, 2009 be proclaimed as "Ontario Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. c. Lupus Foundation of Ontario - Request that the month of October be declared as "Lupus Awareness Month" in the City of Niagara Falls ". RECOMMENDATION: For the Approval of Council. d. BOOST Child Abuse Prevention & Intervention - Request that the month of October be proclaimed as "Child Abuse & Neglect Prevention Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. e. CUPE - SCFP - Request that October 21, 2009 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls" RECOMMENDATION: For the Approval of Council. f. Homelessness Awareness Week - That the week of October 11 2009 be proclaimed as "Homelessness Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. - 4 - REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2009 -48 - Monthly Tax Receivables Report F- 2009 -49 - Municipal Accounts L- 2009 -45 - United Church of Canada Transfer to the City, Lyon's Creek Cemetery and Right -of -Way L- 2009 -48- Convention Centre Conveyances from Ontario Realty Corporation and Hydro One Networks Inc. MW- 2009 -65 - Tender - Main Street Watermain Replacement from Ferry Street to Robinson Street. Contract #2009 - 223-09 MW- 2009 -74 - Tender 2009 - 175 -06, River Lane, Otter Street and River Road, Road Reconstruction and Underground Services PRC- 2009 -29 - 2009 Sports Wall of Fame Inductees PD- 2009 -73 - 26CD -11- 2008 -11, Draft Plan of Condominium ( Standard), 6515 McLeod Road ( North Side), West of Dell Avenue. Owners: 2100851 Ontario Inc., 1473944 Ontario Limited & Marc Pingue - 5 - BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -150 A by -law to amend By -law No. 79 -200, to permit a used car lot, recognize the existing building and lot configuration and to reduce landscaped open space and road widening requirements. (AM- 2009 -013) 2009 -151 A by -law to amend By -Law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2009 -152 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, Stop Signs at Intersections) 2009 -153 A by -law to authorize the execution of a Licence of Land with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, for maintenance purposes. 2009 -154 A by -law to authorize the execution of a Grant of Easement with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, to enable vehicles to reach the future parking lot. 2009 -155 A by -law to authorize the execution of a Construction and Encroachment Agreement with Hydro One Networks Inc., respecting entrance by the City upon certain easements situated at the west end of the Convention Centre property, for construction purposes. 2009 -156 A by -law to authorize the execution of an Agreement with the Golden Steer Restaurant (Petrakis Family) respecting the Adopt -A- Street public service program for volunteers. 2009 -157 A by -law to authorize the payment of $14,934,510.49 for General Purposes. 2009 -158 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of September, 2009. NEW BUSINESS Community Services Department Parks, Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 Charli Scott Katelyn Guenther Charley Keracker Logan Blake Linea Wellman Amie Seguin Sydney Taylor Julia Fazio Jenna Midgley Sebea Lynn Lacombe Quinn Devoe Chelsea Spiers Coaches: Aimie Taylor, Tammy Blake and Bernie Scott cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey S:1Awards120091NF Thundercats Squirt Softball Team - Prov Champs - Aug 31, 2009.wpd Niagarafa is CANADA 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: 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 DATE: September 28, 2009 Mayor's Executive Assistant FROM: Lori Albanese Community Development Coordinator Ext. 3332 Niagara fARAOA RE: Awards at Council - Monday, September 28, 2009 Niagara Falls Minor Peewee Falcons A Baseball Team - Provincial Champions The Niagara Falls Minor PeeWee Falcons won the Ontario Baseball Association PeeWee A Championships on the Labour Day weekend in Niagara Falls. The team, a group of 12 year old boys, went undefeated through the tournament and beat Royal York from Toronto 12 -3 in the Championship game. Most of the team began playing together three years ago as a mosquito team. A talented team of boys, they had to learn to lose to realize what it takes to win. This year, the knowledge of the game matched their talent and together made for a very successful season. It began by winning a 20 team tournament in St. Thomas where Niagara Falls defeated a heavily favoured Cambridge team in extra innings for the championship game. Next, they won the tournament which they hosted. It was a very busy summer for the boys; they played in the Niagara District League as well as the United States - Boys of Summer League, where they represented Niagara Falls and Canada very well ending up with a 14 -1 record. Baseball took up most weekends and a good part of the week. According to Head Coach John Hiltz, "Every boy on the team contributed throughout the year, and the team was highlighted with great pitching and great defence. Beside being very talented athletes - these boys are fantastic kids and were great representatives for the City of Niagara Falls. The entire coaching staff and all of the parents are very proud of each boy ". The players are listed below: Jaret CHIPMAN Alexander MATOVIC Jordan HILTZ Jordan POLITI Brendan SHANNON Ethan CLAYDON Daniel SCHMAHL Corey SHEEHAN Tyler WOOD Head Coach - John HILTZ Asst. Coaches- Bob PYSHER, Darren SCHMAHL, John MORSE Lucas REVILL Tanner MILLS Matthew JACKSON Joe SCARINGI cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwiselNFFaicons Minor Peewee Falcons - Prov Champs- Sept 28, Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services CAw._c •1C NIA;. FRILS CLERKS 709 08.31048 A Meeting to Explore the Need for HOSPICE/PALLIATIVE CARE (End of Life Care) in the Niagara Region "The last days of one's life can be the richest; they can be a time of reconciliation that makes dying peaceful and mourning bearable." By Dr. C. Saunders - Founder of the Modern Hospice Movement in the U.K. Valerie's Story Having had three nights in a busy, noisy hospital, my husband David Williams was transferred to MacNally House Hospice in Grimsby. After five days, surrounded by his family, he died. The tender care he received from the staff in this warm, peaceful, homelike setting, was the inspiration for enlisting six friends in developing the vision for Hospice Pencestyll in Niagara. My husband of fifty -five years really DID die in peace and mourning is bearable. Valerie Williams WHY NOT HAVE A HOSPICE IN ANY TOWN THAT NEEDS ONE ? September 29, 2009 7:00 -9:00 pm Victoria Avenue Library Niagara Falls, Ontario For more information Email: davalwil @cogeco.ca I a n a� \ �\ p- -e-L-cQ. ._ (9/ 3/ 009) Dean for da Dr. Paul Dobrovolskis From: To: Date: Subject: <jdiodati©cogeco.ca> "Dean lorfida" <diorfida ©niagarafalls.ca> 9/16/2009 11:36 AM Dr. Paul Dobrovolskis Dean, He would like to address Council © our next mtg regarding our ER status, if you could add him to the agenda. Thanks, Jim Sent on the TELUS Mobility network with BlackBerry From: "Jim Diodati" <jdiodati @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 9/14/2009 12:19 PM Subject: Fw: Open Letter to Citizen of Niagara Attachments: Open Letter.rtf; Print Schedule oct.pdf; Print Schedule sept.pdf Dean, could you please give one of these to each member of City Council. Thanks, JD Jim Diodati P THINK GREEN.... Do you really have to print this message? — Original Message — From: Paul Dobrovolskis To: Craitor Kim- MPP -CO ; jdiodati @cogeco.ca ; Ray Spiteri ; ccho @chch.ca Sent: Sunday, September 13, 2009 9:50 PM Subject Open Letter to Citizen of Niagara An Open Letter to the Citizens of the Niagara Region The Greater Niagara General Hospital Emergency Physician Group has been one of the most constant and reliable groups in Canadian emergency services, provided dedicated and quality care for the citizens of the Niagara Region for over twenty-five years. We have the distinction in the Niagara region of having the lowest wait times, best patient satisfaction rates and service to the citizens of Niagara. Our physicians have been dedicated in providing the Niagara community with specialized services such as, the Regional Stroke Treatment Center, the Regional Chemical Biological Disaster Decontamination Unit, the site of the Base Hospital Program which provides advice and training to paramedics in the region as well as providing charitable medical services in the third world. This emergency department handles more patients than any other emergency department in the region all with one of the most experienced and longest serving group of physicians in Niagara. The emergency physicians in Niagara Falls have long ties to the community and have served the community with pride, ensuring the best possible emergency care for the patients of this growing region. Despite this, the department has been under constant attack by it's own administration on a professional and personal level. The agenda of the NHS administration is unclear, even after the token dismissal of the former chief of staff and the promise of transparency, accountability and cooperation with the medical staff, the NHS has only become more entrenched in a restructuring plan that is covert and kept hidden from the public as well as the staff of the NHS. Over the last one and a half years the NHS has kept a private for -profit physician temporary agency on retainer, at a cost of $20,000 per month. This company would provide physicians at significant cost to the NHS to replace the current emergency physicians in the event the physicians would not comply with NHS restructuring. During this same time, the emergency doctors of the GNGH have been frustrated by bed closures, cuts to nursing and practical nursing staff, sudden and unexplained closure of services such as pediatrics, obstetrics and mental health without waming or explanation. The GNGH is dying a slow death by cuts that will transfer the bulk of services away from our hospital and the people it serves to other facilities in locations that do not serve the community's interests The latest blow to the emergency department physicians is the demand to dismantle a stable schedule for our emergency doctors and, bring in contract physicians by September 15th 2009, this despite no proof of benefit and great cost to the region. The real issues of bed and nursing staff shortages are being ignored. Staffing more physicians per shift might appear to reduce wait times in the emergency department but in practice will not be effective. The long wait times do not currently result from the number of available doctors but, are due to the number of patients that are held in the department, waiting for a bed to be admitted into. The staffing model in use by the emergency physicians has provided stability in emergency room physician coverage unrivaled in the region, and continuity of care. Over the past years the NHS administration have cut nurses and closed beds, increasing the patient wait times. Adding more doctors . will not solve this issue unless additional beds and nursing support are also made available. The emergency physicians have been given an ultimatum to sign on to the new model or leave and be replaced by temporary agency doctors. Agency doctors and their private for -profit company are guaranteed payment and "top -ups "; there is little incentive for them to reduce wait times. The current physicians do not bill the NHS and, have no top -ups or extra fees. They bill the Ministry of Health only for the services they provide, no service charges or administrative costs and, create no extra financial burden for the regional health care budget. We are also faced with uncertainty as to what kind of hospital Greater Niagara General will be in the next months. Unexpected closures of pediatrics, obstetrics an gynecology, and psychiatry have left the emergency physicians scrambling to find places for patients in other hospitals, far from their homes in niagara. With other reductions in services patients languish in stretchers in the emergency room often for days and to help reduce the burgeoning $110 million dollar deficit of the NHS Despite our long record of service to the community, our record of performance above the benchmarks within the Niagara Health System, lowest level of complaints and shortest wait times and the dedication of the Emergency Physicians of the Greater Niagara General Hospital, the Niagara Health System administration appears committed to the dismantling of our hospital emergency department. After careful discussion we feel that we can no longer partner with the NHS and have lost confidence in the leadership of the Emergency Department and Overall Administration of the Niagara Health System.lt is with great sadness and frustration that we announce we can no longer participate in providing scheduled coverage of the Emergency Department of The Greater Niagara General Hospital as of 8:00 AM on the 1st of October 2009. We will provide full coverage until then and have offered to assist in providing services to the community by covering some shifts for a transition period to fill the voids left by our departure. We realize the impact this will have on the quality of care in the region, the potential loss of The Stroke Treatment Program and Chemical Biological Disaster Decontamination Unit as well as community participation we have enjoyed, but we feel we have no other option. We wish as a group to express our thanks and deepest sentiments to our nurses, fellow physicians and community that have strived to build this hospital into the bright light of the NHS and supported us over these many decades. With Deepest Regrets, Dr. P. Dobrovolskis Dr. Kevin Speight • Print Schedule ONGH ER MD October 2009 'Monday 5 ONGH 08:00 HanmIah , R 12:00 20:00 12 ONGH 08.00 12:00 20:00 Lee,B 19 20 GNGH GNGH 08:00 Hanmbh , R 08:00 Hanmiah , R 12:00 12:00 20:00 20:00 26 GNGH 0890 Muokley,D 1200 Hanmhh,R 20:D0 'Monday 6 ONGH 08:00 1200 Singh , 20:00 Hanndsh , R 13 GNGH 08:00 12:00 Haomiah , R 20:00 27 GNGH 08:00 Abdolhady ,M 12:00 Hanndah , It 20:00 Muokley , D 'Wednesday t GNGH 08:00 12:00 20:00 Randall ,It 1 L4 ONOH 08:00 Singh , 1200 Abdolhady , M 20:00 Hannah& , R 21 ONGH 08:00 12:00 2000 liaomiah . R 28 GRON 0890 12:00 20:00 Witty , D 1 GNGH 08:00 Alhusad ,M 12:00 Singh , 20:00 Hanmiah , R ONGH 0890 Sulikowski , A 12:00 20:00 1 15 09071 08:00 Alhusad, 1200 20:00 Hanmiah,R 22 GNGH 08:00 12:00 Singh ,J 2000 Hamlah,It IIPriday 2 GNGH 08:00 12.00 2000 9 GNGH 38:00 Lee B 12:00 20:00 16 GNGH 08:00 12:00 20:00 Singh .1 23 GNGH 08:00 12:00 2090 30 GNGH 0800 12:00 20:00 'freeway 3 MOH 08:00 Abdolhady , M 12:00 20:00 110 GNGH 08:00 Lee ,13 12:00 20:00 1 17 09011 08:00 12:00 20:00 24 GNGH 08:00 12:00 20:00 31 ONG11 08:00 Hannah ,R 12:00 2090 Icy 4 01109 08:00 Hmmiah ,It 1200 20:00 11 ONGH 08:00 12:00 20:00 Lee , B 18 0909 08:00 Van.Rten , L 12:00 20:00 25 GNGH 08:00 Muokky , D 12:00 Singh ,1 2090 79 ONGH 08:00 Abdolhady ,M 12:00 Singh , 7 2090 wwwmyCRschedule.wm and/or wwwaytioapitalschedukcam Printed on Sep -13. 2009 17:19 htt p :/ / umw.m yerschedule.com/GNCHERMD/ScheDULE9420prInt.php 13/09/09 8:19 PM Page 1 of 1 (Monday pneadey f fredneaday IlThursday 'l Iliiday IISawMay IISunday I 2 3 I '' 3 4 4 6 6 Print Schedule GNGH ER MD September 2009 oSep -13- 200917: 13/09/09 8:19 PM http:// www. myerschedule. com /GHGHERMD /ScheDULE%20print.php Page 1 of 1 PD- 2009 -71 Niagara lalls September 28, 2009 cnxn•n REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -71 AM- 2009 -010, Zoning By -law Amendment Application Schisler Road (North Side) & Willodell Road (East Side) Owner: Eva Szijarto (Agent: Brian Sinclair) Prohibit Residential Use on Proposed Severance Lot RECOMMENDATION That Council approve the Zoning By -law amendment application to change the Rural zoning on the subject land to remove a single- detached dwelling as a permitted use, which will have the effect of prohibiting a house from being constructed. EXECUTIVE SUMMARY The request for rezoning was made to remove a single - detached dwelling as a permitted use on the subject parcel. The application can be approved for the following reasons: • the rezoning will satisfy a condition of approval necessary for the creation of the parcel; and • the rezoning will ensure the land is maintained for agricultural use. BACKGROUND Proposal The amendment is requested for a proposed 16.187 hectare (40 acre) parcel of land (Part 2) on the northeast corner of Schisler Road and Willodell Road as shown on Schedule 1. The applicant proposes to change the zoning of the subject land to remove a single - detached dwelling as a permitted use so as to limit the property to farm uses only. Schedule 2 indicates the proposed configuration of the subject land (Part 2) and abutting land to the east that contains an existing dwelling (6341 Schisler Road - Part 1). The subject land is currently zoned Rural, in part, and Conservation -Open Space, in part, through Zoning By -law No. 395/66 (Willoughby Township). The Rural zone permits agricultural uses and a single- detached dwelling on each lot. The requested zoning change would satisfy a condition of a related severance /consent application (File B -2009- 003) approved by the City's Committee of Adjustment to subdivide the subject land from the abutting land to the east. September 28, 2009 - 2 - PD- 2009 -71 Surrounding Land Uses The land is located outside of the Urban Area Boundary and is currently being cultivated. There are many large tracts of land in the surrounding area used for agricultural and rural purposes. Several farm - related dwellings and structures are located on these lands as well as some rural residential homes on smaller Tots. There is a Provincially Significant Wetland extending along the west side of Beck Road, north and south of Schisler Road, that includes a portion of Part 1 as shown on Schedule 2 containing 6341 Schisler 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: • Building & By -law Services, Municipal Works, Fire Services and the Niagara Peninsula Conservation Authority No objections to the proposal. • Transportation Services • No concerns with the application. However, staff note that daylighting triangles at the Schisler/Willodeli and Schisler /Beck intersections were requested as conditions for the related severance but not imposed by the Committee of Adjustment. Regional Niagara Development Services The land is designated Good General Agricultural in the Region's Policy Plan. The Provincial Policy Statement and Regional policies only allow agriculturally- related severances or minor boundary adjustments in this area. The Region advises that staff did not support the severance and cannot support the rezoning as it would facilitate the creation of a lot that does not meet Provincial or Regional agricultural severance criteria. ANALYSIS /RATIONALE History of Severance Application Decision The Committee of Adjustment considered the application to separate 5.095 ha (Part 1) containing a dwelling from the subject vacant agricultural land (Part 2) at a Public Hearing held in February 2009. The Province classifies the area as prime agricultural land where the Provincial Policy Statement (PPS) does not permit the creation of new residential Tots. The PPS only permits the creation of lots for agricultural- related uses and surplus (2 or more) farm dwellings on an amalgamated property. The application did not satisfy the requirements of the Provincial Policy Statement. The City's Official Plan designates the majority of the subject land Good General Agricultural. The City policies for the area do not permit the creation of new residential lots or the separation of a house from a farm property unless two or more farms have been consolidated and an existing dwelling is considered surplus. The application did not meet the criteria for a severance based on September 28, 2009 - 3 - PD- 2009 -71 provincial policies and the Official Plan policies. The City staff report to the Committee and Regional comments recommended the severance not be approved because a new building lot would be created which is not allowed by policy. In response to these comments, the applicant's agent requested the Committee grant the severance, and impose a condition of approval that the retained parcel (Part 2) be rezoned so that no new dwelling could be constructed on the land. The Committee approved the application subject to this condition. Their reasons included that, with the condition for rezoning, there will be no new residential development on Part 2 and the land will continue to be used for agriculture. In March 2009, staff submitted a report to Council recommending that the decision of the Committee be appealed to the Ontario Municipal Board based on non - conformity with provincial and Official Plan severance policies. Council did not authorize staff to appeal the decision or conditions of approval. The Region also did not file an appeal for this severance application. Zoning Request The request that the zoning be amended to remove a single family dwelling as a use will have the effect of ensuring the lands will be used for agricultural purposes only. With this condition of approval for the severance, there is no new residential building lot created. Under these circumstances, the requested by -law amendment would technically meet the intent of planning policies to maintain land for agricultural use in such areas. CITY'S STRATEGIC COMMITMENT Council's strategic priorities do not address the agricultural area. The City's Official Plan policies for agricultural lands are intended to maintain the rural and agricultural character of the area, restrict severances and protect land for agricultural use. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Proposed Property Configuration (Reference Plan 59R- 13985) ► Notice of public meeting was provided as required by the Planning Act to agencies and to all assessed property owners within 120 metres (394 feet) of the subject lands and by posting signs on the property Recommended by: Approved by: Respectfully submitted: tkozyM Alex Herlovitc Director of Planning & Development Ed Dovic, Ken Todd, R.WIlson:mb Attach. S:1PDR120091PD- 2009 -71 AM- 2009.010, Schisler- Willodell, Szijarto.wpd utive Director, Community Services hief Administrative Officer September 28, 2009 - 4 - PD- 2009 -77 Subject Land Location: 6341 Scbisler Road Sobisler Road (North Side) & Willodell Road (East Side) Applicant: Eva Szijarto KK K_R 200nSdbauledlati gNAAM- ioMew+ maa SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 395/66 taus AM- 2009 -010 August 2009 September 28, 2009 SCHEDULE 2 P. l ; S NOISS0 rt , ,�A 6 107 d1HSNM01 GY0� ZTh a-ti VFW 1111111~ NOISS30N00 6 107 dIHSNM01 PD- 2009 -71 Niagara tills September 28, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -72 26CD -11- 2008 -10, Draft Plan of Condominium (Conversion) 3915 Portage Road (West Side), North of Thorold Stone Road Owner: Mival Investments Inc. (Bill Grenier) RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The proposed conversion of the existing rental apartment building to condominium ownership can be supported based on the following: tenants cannot be evicted due to the conversion and are safeguarded through the requirements of the Provincial Residential Tenancies Act; the application complies with both City and Regional planning policies to consider condominium conversions based on vacancy rates; and the requested conditions of approval will provide site improvements and address current development standards. BACKGROUND Proposal PD- 2009 -72 The applicant proposes to convert the existing 57 -unit rental apartment building to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g., hallways, driveways and open space) shared by September 28, 2009 - 2 - PD- 2009 -72 the condominium corporation. There is no new construction proposed. The property is on the west side of Portage Road, north of Thorold Stone Road, as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff have notified all tenants occupying the units about tonight's Council meeting as a courtesy. The owner's solicitor has also advised the tenants regarding the proposed conversion. ANALYSIS /RATIONALE Security of Tenure - Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Rents cannot be increased based on the conversion to condominium ownership and are regulated by Provincial guidelines. On this basis, there will be no loss of rental units. Municipal and Regional Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing. The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected and considers a vacancy rate of 3 percent or more desirable for a healthy rental market. The Canada Mortgage and Housing Corporation (CMHC) survey from October 2008 indicates a vacancy rate of 5.2% for all apartment units in Niagara Falls. This overall municipal rate has increased from 3.2% in 2007. The subject site is located outside of the City "core" defined by CHMC and the apartment vacancy rate in this non -core area is 4.1%. The data indicates vacancy rates of 6.1% (one bedroom units) and of 4.5% (two bedroom units) in the overall City and a rate of 3.7% for both size of units within the non - core area. All of these CMHC figures exceed the Official Plan three percent vacancy rate threshold. Therefore, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The vacancy rate throughout the major urban centres of Niagara is 4.3% for all apartment units in October 2008 (an increase over the 4.0% figure last year). On this basis, the Region is not opposed to the conversion of these apartment units. The building contains one bachelor unit, 26 one - bedroom units and 30 two- bedroom units. The applicant estimates that the selling prices for the proposed condominiums will be approximately $65,000.00 to $80,000.00 (one bedroom units) and $75,000.00 to $95,000.00 (two bedroom units) which would provide affordable housing. September 28, 2009 Site Assessment The apartment building was constructed in 1978 -79 in compliance with zoning by -law provisions in place at that time and an approved site plan that has since expired. The property is currently zoned Residential Apartment 5D Density (R5D) in accordance with Zoning By -law No. 79 -200. Although compatibility with the surrounding properties has been established over the years, the condominium conversion process provides the . opportunity to achieve site improvements in keeping with current development standards and to formally recognize acceptable zoning by -law deficiencies. The development provides one less parking space than required through zoning and the width of the driveway aisles (surface parking area as well as the underground parking garage) are slightly undersized. Staff is satisfied that these zoning issues can be recognized through a variance application. Transportation Services requests a widening along Portage Road. A proper garbage enclosure is required to screen the existing private service garbage bin. The Region requests a condition to formally advise purchasers that the site does not satisfy the Region's policy for waste collection. There is privacy board -on- board fencing around the perimeter of the property except along the south boundary by the driveway where chain -link fencing is provided. Privacy fencing should be constructed in this area. The land is within an old plan of subdivision from 1874 (prior to typical parkland requirements) and cash -in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. Condominium conversion usually results in building upgrades and reinvestment in existing properties. LIST OF ATTACHMENTS - 3 - PD- 2009 -72 ► Appendix - Conditions of Draft Plan of Condominium Approval ► Schedule 1 - Location Map ► Schedule 2 - Draft Plan of Condominium ► notice of the application and this meeting was sent by staff to the list of all tenants as provided by the owner's solicitor Alex Herlovitch, Di - ctor of Planning & Development Recommended by: Approved by: Respectfully submitted: R.1MIson:mb Attach. S:1PDR 2009 42, Draft Plan of Condominium. 3915 Portage Rd.wpd Ed Dujlovic, ' - cutive Director, Community Services Ken Todd, Chief Administrative Officer September 28, 2009 - 4 - PD- 2009 -72 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the 3915 Portage Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated revised March 4, 2009, showing an apartment building containing 57 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize the existing zoning by -law provision deficiencies for number of parking spaces and driving aisle width. 5. The developer dedicate a road widening to the City along Portage Road providing a width of 2.87 metres (9.43 feet) at the south limit of the property and tapering to match the existing road allowance width at the north boundary of the site. (The draft Reference Plan for the widening must be approved by Transportation Services prior to being deposited). 6. The developer construct board -on -board fencing to match existing fencing on the site along the south property line abutting the driveway and construct a garbage enclosure both to the City's satisfaction. 7. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 8. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 9. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: "Purchasers/Tenants are advised that due to the site layout, household waste collection for this development will be provided by the condominium corporation through a private contractor and not by the Regional Municipality of Niagara." 10. The developer provide five copies of the pre- registration plan for the condominium to Planning & Development. September 28, 2009 - 5 - PD- 2009 -72 Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 9 September 28, 2009 -6 SCHEDULE 1 Proposed Plan of Condominium (Conversion) 3915 Portage Road (Brighton) 26CD- 11- 20013-10 Subject Land rira, PD-2009-72 Locaflon Map September 2009 September 28, 2009 - 7 - SCHEDULE 2 PD- 2009 -72 Corporate Services Department Clerk's Division Inter - Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 Remaining Candidates John Beam Tony Caruso Richard Earl Gay Margaret Mingle Barbara Ness Margaret Northfield Eric Sheridan Pat Taylor Harriett Worden Niagara TO: His Worship Mayor Ted Salci DATE: September 28, 2009 & Members of Council RE: Library Board Vacancies As indicated in August, over the summer months, the Niagara Falls Public Library Board had two resignations (Guy Prata and Blake McIntyre). A decision by Council was deferred so the Board could have all pertinent information. The Board met in September and recommends to Council the appointments of Eric Sheridan and Barbara Ness. The Clerks Office has the list of unsuccessful candidates and the number of votes they received, from the beginning of the Council term. Most of the candidates received one or no votes, with the exception of Eric Sheridan, who received four (4) votes and was next in plurality. Mr. Sheridan is interested in serving on the Board. Ofthe remaining candidates, the Library Board has recommended that Barbara Ness fill the vacancy. Ms. Ness has served on the Board in the past. Staff would recommend that Eric Sheridan and Barbara Ness be appointed for the original two vacancies. Subsequent to the September Board meeting, Michael Boris Kloss resigned. An e-mail from the Chief Librarian recommends Anne Andres- Jones. Ms. Jones has served on the Library Board in the past. She did not, however, apply in 2007 because she was not sure of her availability. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Ultimately, Council can decide to appoint Ms. Jones or anyone from the remaining candidates' list. Failing a successful motion to fill the vacancies, a ballot vote could take place. RECOMMENDATION: That Council choose three (3) candidates to fill the vacancies of the Public Library Board. •118/2009 Dean lo isa - ibra Board ................... From: Monika Seymour To: Dean Iorfida Date: 9/17/2009 8:57 AM Subject: Library Board Dean, Yesterday at the regular Board Meeting, the members unanimously agreed to endorse (If that Is the correct term) the 2 names recommended by you; Barbara Ness and Eric Sheridan. Carm Dix has asked me to Inform you of this. They would appreciate having the appointments made as soon as possible. I was also asked to convey to you again, their appreciation for your support in working with them on this. As I mentioned previously to you, they are only looking to the future and want to have good Board Members who are going to bring something to the table. Shall I retum the applications to you or just shred them? Thanks again, Monika 9/21/2009) Dean lorfida - Board appointments Pa e 1 From: Monika Seymour To: Dean Iorfida Date: 9/21/2009 8:58 AM Subject: Board appointments Dean, I have further instruction from our Board as to the #3 appointment. Would you be willing to re- appoint Anne Andres Jones for the duration of the term (as she has previous Library Board experience)? This would be the Board's preference. MonIke Corporate Services Department Clerk's Division Inter- Department Memorandum Niagarar'alls CANADA TO: His Worship Mayor Ted Salci DATE: September 28, 2009 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Park in the City Vacancy In May 2008, Don Johnson was appointed to the Park in the City committee by Council. Mr. Johnson has resigned from the committee. The Clerks Office has the list of unsuccessful candidates and the number of votes they received, from the beginning of the Council term. All of the remaining candidates have been placed on the Park in the City committee, with the exception of Tony Caruso. Mr. Caruso already serves on the Board of Museums and Trails and Bikeway committee. The committee has put forward a candidate who did not apply in 2007, Corey Barkman. The committee feels that because of his background, Mr. Barkman would be an asset to the committee. RECOMMENDATION: That Council fill the vacancy on the Park in the City committee. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Community Services Department Parks, Recreation & Culture Inter - Department Memorandum TO: Dean Iorfida City Clerk Ext. 4271 FROM: Mark Richardson Community Development Coordinator Ext. 3341 RE: Park in the City Resignation Dean, 1111C ERIS CLERKS' 09 0910 1100 DATE: September 9, 2009 Recently, Don Johnson of the Park in the City Committee informed me that, due to personal/health reasons, he would no longer be able to regularly attend meetings and events. As such, Don requested that he formally resign from the Committee to allow for a new member to fill his role. As you are likely aware, over the last year, the Park in the City Committee has made great progress in the promotion of environmental awareness, sustainability, beautification and the importance ofplanting trees throughout the City. In addition, the Committee continues to move toward a more prominent role in environmental issues pertaining to planning & zoning. In an effort to continue moving the Conunittee in a positive and progressive direction, I respectfully request the Council's consideration of the attached application for Citizen Appointment to the Park in the City Committee. Mr. Barkman has previous experience working along side the Park in the City Committee as an active member /participant of the Niagara Falls Schools in Bloom and Communities in Bloom programs. In addition, Mr. Barkman' s recent completion of the Horticultural Program at Niagara College would also serve as an asset to the Committee. MR: Attachment Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services NiagaraFaIIs en rvn on - See Reverse Side for List of Committees & Contacts - 2007 -2010 Application for Citizen Appointments to Boards, Commissions and Committees . - u 7 € GAT Comm / �Z OMM 1 ) Name• OBEY C 8ARKmA Stre ddress: 19 FoEEStVIEvJ Home Phone 905 35 6i39 e -mail: C b curl/ en an o +n,o, fr Cs/". Postal Code: L_ 14 0B9 Cell Phone: (optional) 93a %D Age 18+ YES NO II Resident of pi n Niagara Falls Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 e -mail: bmatson @niagarafalls.ca Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. Occupation: S - r - tkb E rJ T Briefly describe your recent volunteer experience: R1Qvii" flm,.l T an. SCc ✓c - l-w/ c,, 4-h4_ CaecJer /Nrcj o.1 c. Basil bout Assn r.--5 (re /i Sr the. N,Fya.rti 24se I.fH.fira As a - 4.r4 Nia9w otsl,&,c+ a- ann a.in a Voiw1+-eta fa r kite SGkerilf in bid on, nveri e 6 .40r i f S P°.t,r f 9 et f.&/ he / dliern t,.it4 Oil C, /.' co p-e ft 1-1;n Briefly describe additional skills or experience relevant to this appointment. /I+ sc hoc / r slu.died /too ncutn,ved 1 Aceogrca irz et' f» f%rcf -I is Sher r sr (MOW YHE arm rni-rrce ACES_ ,l /Mug RLso Assi SIC b IN 14-57- 73, y Eu,mn I hereby I of consent / do not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards, Commissions and Committees which is used by the Clerk's Division Staff and released to the public. � Applicant's signature: (E „ Date: Sri 1 /G NiagaraFaIIs en rvn on - See Reverse Side for List of Committees & Contacts - 2007 -2010 Application for Citizen Appointments to Boards, Commissions and Committees . - u 7 € GAT Comm / �Z OMM 1 ) Name• OBEY C 8ARKmA Stre ddress: 19 FoEEStVIEvJ Home Phone 905 35 6i39 e -mail: C b curl/ en an o +n,o, fr Cs/". Postal Code: L_ 14 0B9 Cell Phone: (optional) 93a %D Age 18+ YES NO II Resident of pi n Niagara Falls Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 e -mail: bmatson @niagarafalls.ca Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. 16 J\- '11VVLJ 11N BLOOM AWARDS T he 2008 Niagara Falls Schools in Bloom competitions in partnership with the Park in the City of Niagara Falls and the Niagara Parks Commission was launched on April 22nd. This competition between the five high schools in the city was implemented to enhance the environmental health and appearance of their schools. On October 30th, at the MacBain Community Centre, the Schools in Bloom awards ceremony took place and it was announced that St. Paul's took the 2008 award for the Best School in Bloom competition. Congratulations to all five schools on their quest to beautify their schools! Ely and lorysa (Stamford Collegiate) win the Innovative Technical and most Enthusiastic Award Guest speakers Denis Flanagan and Dame Julia Morton-Marr St. Paul's 2008 Schools in Bloom award winners Photography by Chester Murawski Chris and Valerie of St. Paul with the Student Participation Award The Most Tree Planting award went to Julie and Barb of Westlane --mask Chris and Sherrie (A.N.Meyer) with the Courtyard Design Award Rey and Fran (St. Michaels) won the Excellence in Evironmental Awarness Award St. Paul students, sponsors and Mayor Salci SNAP Niagara Falls DECEMBER 21 NAP Niagara Falls NIAGARA FALLS COMMUNITIES IN BLOOM COMPETITION his year Niagara Falls entered the provin- cial Communities in Bloom (CIB) compe- tition which focuses on civic pride, envi- ronmental awareness and community involve- ment through participation. The two judges for the competition arrived in a helicopter and were greeted with a welcoming reception at the Eagle Valley Golf Club. The judges toured the city, where Niagara Falls showcased various locations and programs that fell under 8 criteria. Those criteria were Floral, Landscapes, Urban Forestry, Environmental Awareness, Heritage Conservation, Groundcovers/Turf, Tidiness, and Community Involvement. Residents and Businesses helped show their pride by tidying and weeding their homes/businesses, displaying red geraniums in front of their home/business, posting Welcome Judges sign and volunteer- ing for a 20 Minute Cleanup project. Together Niagara Falls showed how we can Blossom, Bloom, and Growl Event by Chester Murawski Walker Industries Fnvimnmentai Croon (nrnanir divi- St. Paul Highschool was the 2008 winner of the Communities in Bloom schools category Staff at the Nianara Falls Parks Recreation & CuIt ,rr Denartments ) Vi l; Of C . Arriving by Niagara Helicoptors were Francis Berry (Expressions) Marc Richardson (Niagara Falls Recreation Br Culture Dept), Denis Flanagan, Lee Rozzon (both contest judges) and Mayor Ted Salci Community in Blooms Volunteers awai January 19, 2007 To Whom It May Concern: I am writing this letter of reference for Corey Barkman, a student of Saint Paul High School. I have known Corey since 2003 and have worked closely with him since 2005. Corey is one student who will be remembered many years after he has graduated. This young man has made himself a key member of the Saint Paul Community through his remarkable volunteerism. Corey has been involved with Schools in Bloom for the purpose of designing and planting an award winning perennial eco- garden at our school. Corey was instrumental in working to support environmental issues including reforestation and water conservation. Along with this Corey has been involved with the schools pastoral and social justice group called God Squad and was selected to be a student leader from the Niagara Catholic District School Board, through a program known as TORCH. Corey is a member of the school's construction club - supplying cabinets, an altar and other items to the school! Corey is a wonderful person to be in leadership, he has a gentle and endearing nature with engenders trust in others! Although he is not often seen in the limelight he is available to all who need assistance and is known as one who can be counted on! I can say that there have been times when Carey has literally saved the day and in doing so has also declined to seek any praise or thanks! Corey is one person who can be identified as a true giver! I am proud to have had Corey at Saint Paul these past four years and would not hesitate to recommend him! Please feel free to contact me if you have any further questions. Saint Paul High School 3834 Windermere Road • Niagara Falls, Ontario L2J 2Y5 • Telephoner (905) 356 -4313 • Fax: (905) 356-6605 Mr. Mario Ciccarelli, M.A. • Mr. Andrew Boon, B.Ed. • Mr. John Belcast% B.A. Principal Vice - Principal Vice - Principal Kelly Stephen BSW, STB, M.Div. Chaplain of Saint Paul High School Niagara Catholic District School Hoard LIEUTENANT GOVERNOR'S Community Volunteer Award for Students PRIX DU LIEUTENANT- GOUVERNEUR pour I'action benevole communautaire des etudiantes et des &eves Presented to / Decerne a Cored M arkman Saint Taut Catholic Wi9h school In recognition of your exemplary En reconnaissance de vos activites de volunteer activity and community benevolat et de votre participation contributions. communautaire exemplaires. fi i' �' a-- ►seat-, THE HONOURABLE • L'HONOBA James K. Sartfeman Lieutenant Governor of Ontario • Lieutenant - gouverneur de ('Ontario Beautification fTLOMSHOWN STAFF- Participants of the fourth annual Schools in Bloom competition gath- ered last Thursday afternoon at the MacBain Community Centre to hear the results of a year spent beautify - ing.the properties of various schools around the city. Students of Saint Paul Catholic High School squealed with delight after hearing they had placed first overall. The award was based on the school% total effort including the creation of an expansive nature trail and `beautiful" front entrance. "The purpose of the Niagara Falls Schoolsinftloom program is to edu cate, cultivate and participate," said Mayor Ted Salci, who was onhand fo the ceremony. "As I drive past each of rhe2Tagara.jaNs high schools, I have seen students working togeth- eTe bug'heautiful gardens and .-halo ig.'isible improvements to the appearance of our schools." The program was initiated by the city, Niagara Parks and the Niagara Falls Schoorof Horticulture, to help enhance appearance of the -city, while also teaching students about the importance of maintaining a healthyenvironment MPP Tun Crafter told the stu- dents how he wished there was a program like this when he was in - school. "It's just so exciting to see kids involved in the community. You can %put a dollar value on that," said Craitor. To me, you're all winners." Special guests, Dame Julia Morton -Mari and Denis Flanagan, also joined the group, congratulated the participants for their hard work Mayor Ted N adSaI TM yorTedSai school *Bloomprizetostwdi `andfacuflyof tPardCaUgfiglBEhSchoolW beautlflcalionii L amide throunatitioor tam pa LORI -.. �_. an ddedicatlonffirou houtttt `app.: ect "You are ,turning the cvgrld: around," said Morton -Man, an ei9i cator and peace;advocate and three- time nominee for the Nobel Peace Prue. Flanagan, a - certified larifficape artist who hasAiosted several gar- dening shows on HGTU, caBed: Schools in Bloom program of in securing the health orthet, net for years to come.. - "You have become students of the planet," said Flanagan..'P.erSonally, I do not know ofafyschool program in Canada that can match the pro- gram you have here. You have deft. nitely seized theepPortnity" During thepiesentation, the NPC School of Himiculture was present- ed with a $200 cheque from Parkin the City committee to show their gratitude for their involvement with the project Student Ambassador Nick Lomas Loom NSs accepted the gift.noting would be equally divided am the five higjrhotls in the city Also redignixed was 4.17 Myer,` which' eived the Best Special Needs Landscape Award for-work creating a Wheelchair 'accessi- ble in 4he emirtyard; St. Michael CaOioJfc Which -'received tfii ' Exooflence ht Envitonmeatai AwarenessAwartff'or improvedcurb appear enth and memorial garden whithhncorporated-ap? Z2W Sane mosey on your insurance @_ wsrstiasiinorebotliaws theme. Westfati received the Most Tree PlanhnneRwspt and Stamfoffl thllogiatewhich received Most Innovative Techniques and Enthusiasm Award for its. recycling efforts and_project diversity; Saint Paul — winners of the top pie -- received a certificate, plaque, a-$500 RONA gift card, a certificate for a shade Mee Waited at 4300, a $250 gift certificate from Country Basket Garden Centre and 100 tulip bulbs for fall plarding. er • tgaracommunitynewspapers. com ooming Success nts show off their first place prize in the Schools in Bloom Competition. From leftto right are Mark Giancola, Corey Berkman, Daniels Visca, Michael- Vincent Cyle Wegelin with Jordan Ammendolia Ihottom centre). I High School chools in Bloom :ition grand prize from schools across Niagara Falls the MacBain Community Centre on ternoon to celebrate the closing of :essful year of the Schools in Bloom etition is a way for students to make in to their environment while giving ect of land stewardship. t competition, students beautify the it schools and are judged on cate- as do they plant trees? do they attract wildlife? are they environmentally con- scious and recycle and mulch? This year's grand winner was St. Paul High School. Sue Forcier, of the Parks in the City Committee says St. Paul's garden was wonderful. In seven to 11 years it will be a garden that's spectacular," she says. Liz Klose, superintendent of the Niagara Parks School of Horticulture agrees, adding it was their vision which pushed their garden to the top. "They really have phases for their garden," she says. "They developed a masterplan and they're seeing it unfold? - St. Paul student Michael- Vincent Cuviello, who not only worked on the school's garden but came up with the Schools in Bloom competition, says the win is "awesome." It was back in Grade 9, while' Cuviello was involved with the Parks in the City Committee during clean -up days and other events, he November 1, 2006 brought the idea of a school competition forward to the Committee who thought it was a good idea. Cuviello hopes the win will inspire his school to get even more into the competition and gar- dening in the f uture, adding the incentive of win- ning it once will give more encouragement to other future gardeners. Jordan Ammendolia, a 16- year -old St. Paul stu- dent says the win is amazing. "I can't explain it," he says. "I think everyone is starting to get involved. I think it's good for the community? Since then, the event has "just ballooned," he says. "I'm overwhelmed by the way it's pro- gressed." Klose says the competition is a "tremendous opportunity for students to become involved in their community," and hopes the event gets big- ger and better with the possibility of elementary schools getting involved. V RACE AGAINST DRUGS ptimist Hall was the place to be April 16th for "Racing Against Drugs ", a community -based drug and alcohol awareness program utiliz- ing the sport of auto racing to capture attention and to communicate with students through a high profile sport that has no tolerance for substance abuse. The program was aimed at grade 5 students and it was expected that over 1,500 youngsters from all of the school ards from the Niagara Region will have participated. Those that attended to help get their messages across were the OPP, NRP, RCMP, NEMS, nada Border Agency Niagara Parks Police and the Niagara Region Public Health. Well done everyone! Photos by Patrick Adams A few of our finest, Chris, Sheila, Chris and Nicole Nancy from McDonalds Restaurants in the Falls, big supporters of the program Say hello to Deralyn from Niagara EMS Corporate Services Department Clerk's Division Inter - Department Memorandum Niagara CA NADA TO: His Worship Mayor Ted Salci DATE: September 28, 2009 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Trails and Bikeway Committee Vacancy Mr. Martin Berzens has resigned from the Trails & Bikeway committee. There are no remaining candidates from the vote at the beginning of the Council term for the committee. Although the committee is within the acceptable numbers (between 8 and 12 citizen appointees), the committee has recommended Mr. James Megannety be added to there complement. RECOMMENDATION: That Council fill the vacancy on the Trails and Bikeway committee with Mr. James Megannety. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Community Services Department Parks, Recreation & Culture Inter- Department Memorandum TO: Dean Iorfida City Clerk Ext. 4271 FROM: Rob McDonald Community Development Coordinator Ext. 3340 RE: Trails and Bikeways Committee Resignation Dean, RM: Attachment S:1Park in the City\Memorandums\Application for Citizen Appointments - Memo September 2009.wpd NIX. FALLS CLERKS' 09 0911010159 DATE: September 9, 2009 At the Trails & Bikeway Committee meeting held on Thursday, September 3, 2009, Martin Berzins informed the Committee that he will be resigning after the October meeting. Martin has been a member of the Trails & Bikeway Committee for almost 10 years and is going to take some time away to travel and pursue other interests. Also at the Trails & Bikeway Committee meeting held on Thursday, September 3, 2009, the Committee reviewed the application submitted to the Clerk's Office by Mr. James Megannety. The current number of members on the Trails & Bikeway Committee is nine (including Councillor Diodati). With trails development projects being tendered in 2009 and 2010 and the community events that the Committee currently organizes, they feel that Mr. Megannety would be a great addition to the team. The Committee passed a motion to request that Council consider the appointment of Mr. Megannety to the Trails & Bikeway Committee. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services NiagaraJ*alls LdfiAllM1 i fl � y (NAME 4 Bfl CflMMT$S1t3N f COMiIAITit Name: Ar ir5 Mi'G//.l></rry Street Address: AA 6192A AJOerg S f /VIRIf -A2A AR4LS Home Phone: qo C 35 Cy67 - See Reverse Side for List of Committees & Contacts - 2007.2010 Application for Citizen Appointments to Boards, Commissions and Committees e -mail: - ) M A - GS P S ytPA r_ /co. cP Postal Code: Z. 2 G- 1J7 Cell Phone: (optional) YES NO Age 18+ I b 1 1 1 Resident of Niagara Falls Please return this application form to the attent of n of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 e -mail: bmatson @niagarafails.ca Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, 5.0. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. Occupation: Briefly describe your recent volunteer experience: - VoA vrC -2 Wf 7-( Ce G F= . o CcrAA\Juf7-3. 72- 5/c, 20 ec Vr P2CSt M Gt= G2r MAF.FS Cau6A au ce,nZ 9 X.- II /NV0 Jib //J FuNb2pt FGPL MS Sac /mil y -, j�/k " %a vf2 5 - 7y,41 cs 1719 /91s I - Po&ic PE,C mioN 5 b/e9CTG2- eta_ i7an PN/.N /Pe,c 2 /4= Nam-x- SA=2V /C4 Briefly describe additional skills or experience relevant to this appoihtment. HA VP SoM6 P.NOPti S/ = ILLS ftNO f InJBM t S.� M. C o t-- k ML1 1JL�y o , , O(a Wff2 0 t .N / 771 ?.�'•CQG- 737 /CJ9 �M 7 G - Ye A /L 5 A/�k3' LSt/LN PHT/ / FTi_ 7 7 2 -il 5 t,v /LL 5,476/t C'/T 7, t, 5 n"./0 P.ec w i iz= - �,-cca /4- Aiv[2 pti.. - . % i i ,e- if re ST174 kr' 1- hereby IG1 consent / I Ido not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards, Commissions and Committees which Is used by the Clerk's Division Staff and released to the public. 4 . . Date: /14R7 /3, o 7 Applicant's signature:cJ .. �� f\ 1 NiagaraJ*alls LdfiAllM1 i fl � y (NAME 4 Bfl CflMMT$S1t3N f COMiIAITit Name: Ar ir5 Mi'G//.l></rry Street Address: AA 6192A AJOerg S f /VIRIf -A2A AR4LS Home Phone: qo C 35 Cy67 - See Reverse Side for List of Committees & Contacts - 2007.2010 Application for Citizen Appointments to Boards, Commissions and Committees e -mail: - ) M A - GS P S ytPA r_ /co. cP Postal Code: Z. 2 G- 1J7 Cell Phone: (optional) YES NO Age 18+ I b 1 1 1 Resident of Niagara Falls Please return this application form to the attent of n of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 e -mail: bmatson @niagarafails.ca Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, 5.0. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. Corporate Services Department Clerk's Division Inter - Department Memorandum Niagara�alls CA NAOA TO: His Worship Mayor Ted Salci DATE: September 28, 2009 & Members of Council FROM: Dean Iorfrda City Clerk Ext. 4271 RE: Request of Waiver of Arena Fees, Chippawa Willoughby Arena Attached is a request for the waiver of arena rental fees associated with the 50 anniversary of Westlane Secondary School. Although the request is for $1,225, as the e-mail attached from the Director indicates, the total cost may be higher. RECOMMENDATION: For the consideration of Council. /fr, Working Together to Serve Our Community Clerks • Finance Human Resources • Information Systems • Legal • Planning & Development 8441 Breadner Crescent Niagara Falls, Ontario L2G 6N6 May 15, 2009 Mayor Ted Sa lci and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 67.5 Dear Mayor Salci and Members of Council: Next year will be the 50 anniversary of the opening of Westlane Secondary School. This is a milestone that deserves a special and memorable celebration. Therefore, I, and a small organizing committee, are planning a spectacular 50 year reunion for all former Westlane students and their spouses/partners. It will be a fun event which will draw many people back to Niagara Falls to renew friendships and share stories of the past 50 years. We would like to hold this event on Saturday, May 22, 2010 at the Chippawa Willoughby Arena. It will start at 12:00 noon and end by approximately 12:00 midnight. There will be no admission fee and there are no plans to fundraise at this event. In view of this, and to keep our costs down, I would like to request your consideration in waiving the $1,225 rental fee for the Arena. We intend to widely promote this event and attract all former Westlaners back to Niagara. If you have any questions regarding this request, I can be reached at 905- 295 -3084 (home), 905- 341 -3084 (cell) and debbie.willick@gmail.com. I look forward to your response. Thank you! Yours sincerely, ' Debbie Willick Westlane Secondary School 5960 Pitton Road, Niagara Falls, ON L2H 1T5 (905) 356 - 2401 Fax: (905) 356 - 1885 Mrs. C. Purcer, B.A., BEd., M.Ed., Principal Mr. C. Gittins, BA., B.Ed., Vice - Principal n DISTRICT SCHOOL BOARD OF NIAGARA Achieving Success Together 1(9/18/2009) Dean lorfida - Waiving of Fees estimate Chippawa arena - Westlane Page 1 From: To: Date: Subject: CC: Hi Dean, Denyse Morrissey Dean Iorfida 9/15/2009 9:03 AM Waiving of Fees estimate Chippewa arena - Westlane Ken Burden; Kevin Carr; Steve Hamilton Please use the following base estimate of the 'up to value of the rental of the waiving of fees. Estimated rental based on two day access to the fadlity, with 2009 rates adjusted by 3 %: $1261.75 per day x 2 days = $2,523.50 plus GST. All and any extras related to site services, (like electrical hook ups) fadlity equipment needed, overtime costs for staff etc and none of these are included In this estimate. Such costs for the event would be billed for based on actuals from the event. They would also be responsible and would have to comply with facility Insurance with any permit - and would incur costs for on site security if they do not provide their own security. Regards, Denyse Denyse Morrissey, 8.A; M.P.A. Director Parks, Recreation & Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356 -7521 ext. 3331 Fax: (905) 356 -7404 email: dmorissev(anianarafalls.ca web: www.niaqarafalls.ca Corporate Services Department Clerk's Division Inter - Department Memorandum Niagara CANADA TO: His Worship Mayor Ted Salci DATE: September 28, 2009 & Members of Council FROM: Dean Iorfda City Clerk Ext. 4271 RE: Request of Waiver of Arena Fees, Gale Centre The Canadian Cancer Society is bringing their Hockey for Hope toumament to the Gale Centre for July 2010. The organization has requested the City donate "either in full or in part the rental cost of the arena." Staff estimate that the cost of ice time associated with the event is valued at approximately $7200 plus GST (and other on -site services would be extra fees). With the new facility, staffs desire is to maximize revenue streams; therefore, there is a concern with the waiving of fees. As a result, we are recommending that the matter be referred to budget deliberations and that staff come back with a proposed grant policy. RECOMMENDATION: That the request be referred to staff and to budget deliberations. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Office of the Mayor Inter - Department Memorandum TO: FROM: Jennifer Manning Ext. 4205 RE: Council Information Hello Dean: Dean Iorfida DATE: September 14, 2009 Would you please have the attached information from Canadian Cancer Society regarding a request to consider donating the rental cost of the Gale Centre arena distributed to the council. Thanks, Jennifer r i Al Canadian Societe L Cancer canadienne Society du cancer September 10, 2009 Mayor Salci & City Council City of Niagara Falls P.O. Box 1023, 4310 Queen St. Niagara Falls, Ontario, L2E 6X5 Dear Mayor Salci & Members of City Council: RECEIVED SEP f ` � 2009 1 vtataYOR'S OFfICE Niagara Unit 509 Glendale Avenue East, SS4, 3rd Floor Niagara -on- the -Lake, Ontario LOS 130 Telephone: (905) 6 84 -6455 Facsimile: (905) 684 -8241 Dunnville: (905) 774 -2291 Grimsby: (905) 945 -0247 The Niagara Unit of the Canadian Cancer Society is busy planning a new and exciting fundraising event called Hockey for Hope — Tournament of Heroes. To be held on Saturday, July 17, 2010, this inaugural event celebrates the game of hockey in a wholesome, fun atmosphere that makes everyone participating feel like an NHL pro. All proceeds from the event will fund some of the most promising cancer research in the province. In order to ensure the success of this new event, we need your help. Please find enclosed an event profile for your perusal. It is my sincere hope that the new Gale Centre will consider donating either in full or in part the rental cost of the arena making it one of the major event sponsors of this event along with Astral Media, TVCogeco and Niagara This Week. There are several benefits to partnering with a national and highly- respected health charity as outlined in the proposal as well as all the marketing and promotional recognition opportunities available that would further establish the Gale Centre as the place to be. I would be very happy to discuss this proposal and ways we can tailor a package to suit Gale Centre's needs in exchange for your support of Hockey for Hope — Tournament of Heroes. Please feel free to contact me directly at 905 -684 -6455, ext. 3158. The Canadian Cancer Society could not host such a great event without the generosity of the business community. Thank you for your consideration and it is our hope you will consider partnering with us in the fight to end cancer. Join us. Let's Make Cancer History. Sincerely, Michellgin "Lillo Fundraising Coordinator Niagara Unit For information about cancer, our services or to make a donation / Pour obtenir de rinfonnation sur le cancer, nos services ou pour faire un don 1 888 939 -3333 • www.cancecca Charitable Organization No. 11882 9803 RR0006 Canadian Societe Caxacer canadienne Society du cancer Proudly Presents Gale Centre — Niagara Falls 3 -on -3 Ice Hockey Tournament July 17 2010 Event Proposal In partnership with: NEWSTALK C K T B Event PROFILE The Canadian Cancer Society proudly presents Hockey for Hope — Tournament of Heroes. This new fundraising event celebrates the game of hockey in a wholesome, fun atmosphere that makes everyone participating feel like an NHL pro. Hockey for Hope — Tournament of Heroes is a pledged event offering recreational round -robin tournament style hockey for both men and women, 18 years of age and older, and all skill levels. The teams consist of individuals representing corporations, neighbourhoods, community groups, hockey leagues and /or families and friends. Participants pay a registration fee and raise money to fight cancer, make new friends, and re- connect with old friends. The tournament takes place on Saturday July 17, 2010 in each of the four pads at the new Gale Centre in Niagara Falls. Each rink will host 6 teams, 10 players per team, playing 25 minutes of 3 -on -3 hockey. Winners progress to the next level ending with a tournament playoff. People participate in Hockey for Hope — Tournament of Heroes because they have been touched by the cancer in one way or another. Players will have the opportunity to purchase and wear colourful arm bands "In Honour" of someone who is fighting the fight and /or "In Memory" of someone who has passed away from cancer. Participants who are cancer survivors will receive a special emblem to attach to their jerseys that signifies their victory while their strength and courage gives hope to others. The event finale and awards presentation will take place at the Hockey for Hope Celebrity Tailgate After Party. Registered players receive free admission to the after party which includes their dinner. Additional tickets will be available for sale to the general public. Both alcoholic and non- alcoholic beverages will be available for purchase. Guests will also have the opportunity to rub shoulders with NHL celebrities and alumni. Autograph signings, photo opportunities, silent and live auctions and entertainment are all on the agenda for the evening. The event is promoted as a casual "come as you are" event. Hockey for Hope — Tournament of Heroes is a perfect compliment to the Canadian Cancer Society fundraising initiatives and to Niagara Falls. Supporting this exciting and inspiring event strengthens a strong community of people striving to reach a common goal —to beat cancer. Join us. Let's Make Cancer History. Event DETAILS What: - Hockey for Hope - Tournament of Heroes When: July17, 2010 Where: Gale Centre - Niagara Falls Time: Tournament - 8:00 a.m. to 7:00 p.m. Celebrity Tailgate After Party - 7:00 p.m. - 12:00 a.m. Tournament ELEMENTS • Registration / Check -in • Opening and Closing Ceremonies • 3 -on -3 Hockey • Six (6) teams per pad • Four (4) iced pads • NO Contact / Body Checking • Ten (10) players per team (9 players and 1 goalie) • 25 minute games (including warm -up) • Line change on the fly • Flood every 2 games per rink • 32 Celebrity Coaches (1 coach per registered team) • 24 Dressing Rooms (6 dressing rooms per rink) • Volunteer Referees - at least 2 per rink • Survivor, In Honour and In Memory component • Food and Beverage (non alcoholic and alcoholic) • Entertainment and Activities • CCS information and displays After Party ELEMENTS • Check In and Ticket sales • Food and Beverage (non alcoholic and alcoholic) • Entertainment • Silent and Live Auctions • Awards Ceremony and Presentation • Celebrity Signings and Photo Opportunities • Media Coverage • Health promotion activities • Canadian Cancer Society showcase of community support programs for those living with cancer and their families Event DEMOGRAPHIC Although Hockey for Hope attracts and appeals to both men and women of all ages, the main demographic are men between the ages of 19 to 65. Hockey is Canada's favourite sport. Canada leads all hockey nations in players and indoor rinks with more than 520,651 registered players - 24,539 senior players and 442,891 junior players and over 3,350 indoor rinks. YOU make the difference Corporate and Community partners make a huge difference in the success of our Hockey for Hope fundraising event. Hockey for Hope - Tournament of Heroes has many ways to show your support for loved ones dealing with cancer. Taking part and supporting this event is a rewarding and fun way to help make a difference in the lives of cancer patients and survivors. Sponsorship RECOGNITION All sponsors will receive appropriate sponsorship / donor recognition that is applicable to their level of giving. Please contact Michelle at the Niagara Unit to discuss how we can tailor a sponsorship package that meets your company's needs and wants. Sponsor BENEFITS Supporting Hockey for Hope associates the sponsor with: • A highly respected health charity in Canada • The number one health issue to the sponsor's employees, customers, their families and friends • An event with a massive following and room for incredible growth • A national event at the level of the community To demonstrate your commitment to: • The community in which the sponsor operates • The fight against cancer • Support for those living with cancer and their families steerin COMMITTEE Honorary Chair Event Chair Ralph Mellanby TV Producer, Coaches Corner Creator, Author & Pioneer* Frank DiPalma Jr. Furniture Gallery, Store Manager / Owner Ross Lillo Silicon Knights, Operations Manager Delia Iafrate Eagle Valley Golf & Country Club, President Darren Venecko Places4Students.com, President Adam Christie Eagle Valley Golf & Country Club, Director of Operations Collin Cook Durward Jones & Barkwell, Accountant Wes Wolfe Rev Publishing Inc., Advertising Consultant Matt Mancini Canadian Tire Financial Services Luke Delle Rose Hockey Enthusiast and Coach *Please attached biography * *Committee is as of 7/30/09. Additional committee members are currently being . recruited and interviewed and will be added in the coming months. The Canadian Cancer Society WHAT WE DO Thanks to the work of our volunteers and staff, and the generosity of our donors, the Canadian Cancer Society is leading the way in the fight against cancer. The Canadian Cancer Society: • Funds promising research on all types of cancer • Is the most comprehensive source of credible information on cancer, treatment and risk reduction • Provides support for people living with cancer, family members and friends • Advocates for public policies that reduce cancer risk and improve the quality of life for those living with the disease SERVICES IN YOUR COMMUNITY Peer Support A cancer diagnosis can be a life- altering experience. Speaking with someone who is a cancer survivor can be comforting and insightful. The Canadian Cancer Society offers a variety of support services including in- person, group meetings and by telephone. We also have support programs for caregivers. The Canadian Cancer Society matches cancer patients with a trained volunteer who understands what it's like to live with cancer. For information about peer support, we can speak with you in English, French or in many other languages. Please call our toll -free Central Peer Support office, 1 800 263 -6750. Smokers' Helpline is a telephone smoking cessation service, geared to all smokers. Quit Specialists provide current information on smoking and tobacco. If you are trying to quit, or are thinking about quitting, the Helpline provides friendly support and advice. Smokers' Helpline is operated by the Canadian Cancer Society and is funded by the Ontario Tobacco Strategy, Ministry of Health and Long -Term Care. You can reach this free, confidential service at 1 877 513 -5333. Transportation The Canadian Cancer Society's volunteer transportation program has many friendly supportive volunteers who drive patients to and from cancer- related appointments. To find out more about this service, please call (905) 684- 6455. Support at Cancer Clinics and Lodges Hospital Oncology Canadian Cancer Society volunteers provide support services to patients at the St. Catharines General Hospital oncology clinic in St. Catharines. Canadian Cancer Society services include: information and referral; emotional support; administrative assistance and practical support such as our transportation program. Our Canadian Cancer Society clinic volunteers are easily identified wearing their yellow jackets! Provincial Services The Canadian Cancer Society also offers services at the provincial level. Find information about services that are available province -wide on our website at www.cancer.ca contact INFORMATION Michelle Begin -Lillo Fundraising Coordinator Canadian Cancer Society - Niagara Unit 509 Glendale Ave. East Niagara -on- the -Lake, ON LOS 130 mbegin- IilloCc�ontario.cancer. ca P. (905) 684 -6455 ext. 3158 F. (905) 684 -8241 Mellanby, (1934 ) The New Orleans Pelicans were playing Atlanta. The runner slid feet -first into second base and into the second baseman, banging up his knee and fracturing his ankle in the process. At that moment, professional baseball lost a promising player, but Canada's broadcasting industry was to be the ultimate beneficiary. Ralph Mellanby was born in Hamilton Ontario on August 22 1934, but his father's new job as editor of the Windsor Star took the family to Essex County, where Ralph went to Essex District High School. He then went to Wayne State in Detroit, where he took one semester a year while playing professional baseball. At Wayne, Ralph was working on a degree in communications, and worked part - time as a prop boy atCKLW -TV in Windsor. He graduated from Wayne in 1958 with a B.A. in Communications, by which time he had worked his way up at CKLW to stagehand, cameraman and then floor manager. In 1959, Ralph accepted a job offer as cameraman on the Soupy Sales Show (which was then local) at WXYZ -TV in Detroit. The following year, he moved on to WON Chicago as a sports production assistant, and had his first opportunity to direct football and baseball. At this time, new television licences were being granted in Canada Bud Hayward, President of newly - licensed CFCF -TV in Montreal, received a call in late 1960 from an ad agency friend in Chicago, telling him he should think about hiring a talented young Canadian producer who was making a name for himself in the Windy City. When CFCF -TV went on the air in January 1961, Ralph Mellanby was on staff hired to direct not only CFL Football, but anything else thrown at him, including Pulse. News, Nightcap, Johnny Jellybean, A Kin to Win, Know Your Sports and Pin Busters. In 1963, CTV began broadcasting Wednesday night NHL hockey games, and Ralph--was assigned to direct both Montreal Canadiens and Toronto Maple Leafs games; this was the beginning of what was to be a long association for Ralph with NHL Hockey. In 1966, CTV's Montreal Production Supervisor Pip Wedge asked Ralph to take over direction of B.A. Musical Showcase, a musical variety program with a game show component. While still a sports producer at heart, Ralph found he enjoyed working with musical and performing talent, and directing scripted productions. And it was this experience of `showbiz' that made Ralph a logical candidate when Hockey Night in Canada exec Frank Selke Jnr. was looking for a new Executive Producer for this important Imperial Oil advertising vehicle. The client felt that it was time for the hockey productions to be given much more style and flair, and after meetings with CSN President Ted Hough and MacLaren Advertising head Bud Turner, Ralph was on his way. Ralph Mellanby The combination of Ralph's sports experience and his newly acquired flair for show business enabled him to bring many creative ideas to Canada's television hockey coverage., and fully justified CSN's confidence in him. In 1968, after two years on CSN's staff, Ralph negotiated a new non - exclusive ten -year contract to continue to work on hockey for CSN, while being able to do other things that did not interfere with his hockey responsibilities. Ralph remained involved with Hockey Night in Canada for twenty years. Thirteen of the key on -air and production personnel he hired during that time were subsequently inducted into the Hockey Hall ofFame. The only such personality not to have made. it (as yet) is Don Cherry, who Ralph first hired in 1980 to appear on hockey telecasts... Ralph's sports expertise earned him extensive involvement in Olympic Games coverage, starting with his direction of hockey at all the Winter Olympics from 1976 in Innsbruck to hillehammer in 1994. In 1985 he was hired by CTV to start work on preparations for CTV's Host Broadcaster role in the production of the Winter Games in Calgary in 1988. In 1989 he formed his own company, Ralph Mellanby Associates, to handle several sports productions for CTV. He was senior producer at the Barcelona Summer Games in 1992 and the Director of Venue Production in Atlanta for the 1996 Summer Olympics there. He also worked for Turner Broadcasting and ABC as co -Host Broadcaster for the 1991 Pan- American Games in Havana, Cuba in 1991. Ralph, with Don Cherry and Wayne Gretzky Ralph won five Emmy Awards, all for various Olympic Games productions, includingbis much - lauded coverage of the Miracle on Ice, when the USA won a Gold Medal at the Lake Placid Olympics in 1980. He also won two Kennedy Awards, an Ohio State Award, and a Lifetime Achievement Award from Sports Media Canada. Ralph's other major sports credits include involvement in the production of fifteen Canadian Open Golf Championships and multiple LPGA events, 12 Canadian Open Men's and Women's Tennis Championships, scores of CFL series, playoff and G rey Cup games, and the production of the first Montreal Expos and Toronto Blue Jays baseball games. He was also VP Television for the Canadian Football League for two years, 1989 -90. In the entertainment field, Ralph and his friend Brian Robertson formed the Mellanby- Robertson production company, which created the Governor General's Performing Arts Awards, and Ralph and Brian were founding. producers of the television version of the Royal Canadian Air Farce. They also produced various specials, including an Andy Williams Christmas show. In 1998, Ralph received an Honorary Doctor of Laws degree from the University of Windsor. A new book by Ralph (with Mike Brophy), Walking With Legends, about Hockey Night in Canada, was due for publication in October 2007. The combination of Ralph's sports experience and his newly acquired flair for show business enabled him to bring many creative ideas to Canada's television hockey coverage., and fully justified CSN's confidence in him. In 1968, after two years on CSN's staff, Ralph negotiated a new non - exclusive ten -year contract to continue to work on hockey for CSN, while being able to do other things that did not interfere with his hockey responsibilities. Ralph remained involved with Hockey Night in Canada for twenty years. Thirteen of the key on -air and production personnel he hired during that time were subsequently inducted into the Hockey Hall of The only such personality not to have made it (as yet) is Don Cherry, who Ralph first hired in 1980 to appear on hockey telecasts... Ralph's sports expertise earned him extensive involvement in Olympic Games coverage, starting with his direction of Wayne Gretzky hockey at all the Winter Olympics ympics from 1976 in Innsbruck to Lillehammer in 1994. In 1985 he was hired by CTV to start work on preparations for CTV's Host Broadcaster role in the production of the Winter Games in Calgary in 1988. In 1989 he formed his own company, Ralph Mellanby Associates, to handle several sports productions for CTV. He was senior producer at the Barcelona Summer Games in 1992 and the Director of Venue Production in Atlanta for the 1996 Summer Olympics there He also worked for Tuner Broadcasting and ABC as co -Host Broadcaster for the 1991 Pan- American Games in Havana, Cuba in 1991. Ralph won five Emmy Awards, all for various Olympic Games productions, including his much - lauded coverage of the Miracle on Ice, when the USA won a Gold Medal at the Lake Placid Olympics in 1980. He also won two Kennedy Awards, an Ohio State Award, and a Lifetime Achievement Award from Sports Media Canada. Ralph's other major sports credits include involvement in the production of fifteen Canadian Open Golf Championships and multiple LPGA events, 12 Canadian Open Men's and Women's Tennis Championships, scores of CFL series, playoff and Grey Cup games, and the production of the first Montreal Expos and Toronto Blue Jays baseball games. He was also VP Television for the Canadian Football League for two years, 1989 -90. Ralph, with Don Cherry and In the entertainment field, Ralph and his friend Brian Robertson formed the Mellanby- Robertson production company, which created the Governor General's Performing Arts Awards, and Ralph and Brian were founding. producers of the television version of the Royal Canadian Air Farce. They also produced various specials, including an Andy Williams Christmas show. In 1998, Ralph received an Honorary Doctor of Laws degree from the University of Windsor. A new book by Ralph (with Mike Brophy), Walking With Legends, about Hockey Night in Canada was due for publication in October 2007. - - Fire Services Inter - Departmental Memorandum TO: Dean Iorfida City Clerk FROM: Lee Smith Fire Chief Ext. 2201 RE: Fire Prevention Week - Proclamation Niagara,Fallg DATE: September 15, 2009 Please arrange to have the attached Proclamation placed on the September 28, 2009 Order of Business. Fire Prevention Week will run from October 4 - October 10, 2009 and it is requested that Saturday, October 10, 2009 be designated as "Fire Service Recognition Day ". This year's theme is "Stay Fire Smart! Don't Get Bumed! ". LS:tc Attach. 41_4, Working Together to Serve Our Community City of Niagara Falls Mayor's Proclamation WHEREAS many dedicated residents have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to life, destruction of property and damage to the environment; and WHEREAS fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; and WHEREAS it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS the 2009 fire prevention theme for this period is "Stay Fire Smart! Don't Get Burned ". NOW THEREFORE, I Ted Salci, Mayor of Niagara Falls, do hereby proclaim October 4-10, 2009 as Fire Prevention Week; and FURTHER, in appreciation of the many services rendered by the members of the Fire Service of Canada, designate October 10, 2009 as "Fire Service Recognition Day "; and FURTHER encourage all residents to support the many public safety activities and efforts of Niagara Falls Fire Services. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 9, 2009 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Sincerel , Monika Seymour Chief Librarian MIAG. FALLS CLERKS '09 0910 09:37 Re: PUBLIC LIBRARY WEEK PROCLAMATION Ontario Public Library Week is Oct. 18 -24, 2009 and coincides with Canadian Library Month which is also held in October. The theme this year "Yours to Discover" - gives emphasis to the role the public library plays in encouraging one's sense of discovery and learning in our great province. The provincial car licence plate is a natural symbol for the "discovery" enabled through literature, information and technology — all highlights of public library service. A strong library system is the cornerstone of a strong community. It is important to recognize the important contribution which public libraries make to education, literacy and life -long learning in Ontario communities. Residents of Niagara Falls can be proud of their library, which has been a rising star over the last few years, in keeping pace with the changing technologies and addressing the needs of our community. With more than 1,100 service points throughout Ontario, users of public libraries make over 66 million visits to local libraries across Ontario annually. And now virtually every library branch in the province also provides access to information highway through the Internet. Check -out our library's popular website www.nflibrary.ca The Niagara Falls Public Library requests that City Council proclaim Oct. 18 -24, 2009 Public Library Week in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We encourage every person to use the public library this month and throughout the year. Come in and discover what the Niagara Falls Public Library is all about! Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision - making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 19- 25, 2008 is Public Library Week in Niagara Falls Signature Honorary Patron: The Hon. David C. Only Lieutenant Governor of Ontario Charitable Registration Number 10764 9410 RR0001 Mayor & Council Members City of Niagara Falls 4310 Queen Street Box 1023 Niagara Falls ON L2E 6X5 Re: "October is Lupus Awareness Month" Dear Mayor & Council Members: Lupus Foundation of Ontario September 9, 2009 Very truly rs Kathy Crowhurst Working together to conquer lupus 294 Ridge Road N Box 687 Ridgeway ON LOS 1140 (800) 368 -8377 ON Only to (905) 894 -4611 ' (905) 8944616 e$ lupusont@vaxxine.com Website: www.vaxxine.com / lupus Serving Ontario since 1977 (Inc.) Lupus Foundation of Ontario has been serving the citizens of Ontario for the past 33 years. During this time, we have noticed an alarming increase in the numbers of those seeking information for their health concerns. Many requests are from parents of young children and adolescents who have been positively diagnosed with systemic lupus. We would like to request that you read our Proclamation during a Council meeting to inform everyone in your community that lupus is a serious illness that, unfortunately, many are still unaware. We receive no funding from governmental sources and our public awareness campaigns are most efficient through our grass roots initiatives. There are many Ontarians who have been diagnosed with lupus throughout our province. By reading our Proclamation during your meeting and by declaring October as Lupus Awareness Month, you will greatly assist our Foundation in educating all citizens that our Foundation exists and that help is just a telephone call away. Each month, over 250,000 hits are recorded on our website. Through personal and corporate donations, Memoriam contributions and membership fees, we have donated in excess of $1,400,000 over the years for much - needed and valued research. Your assistance with this awareness initiative will allow us to help others to help themselves. Thank you. lerSwtlos Whereas.~ ` Lupus is an'autoimniune•disease that can.cause severe damage to the :tissue and organs in the body and, in some, cases, death/ and • Whereas: • More than five million people worldwide suffer the devastating effects of this disease and each year over one hundred thousand young women, men and.children•are newly diagnosed with lupus, the great majority of whom are women of childbearing age; and Whereas: Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are under-funded in comparison with diseases of comparable magnitude and severity; and Whereas: Many physicians are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment; and •• Whereas: There is a deep, unmet need to educate and support individuals and families affected by lupus; and LUPUS FOUNDATION OF ONTARIO 294 Ridge Road North Ridgeway Ontario LOS INO 800- 368g-83.77 PROCLAMATION Lupus Awareness -Month October, 2009 Now Therefore .. I hereby proclaim the • month of October 2009 as: Whereas:. There is an urgent need to increase awareness in communities of the debilitating impact of lupus; LUPUS AWARENESS MONTH sWhen we request increases in public and private sector funding medical research on lupus, targeted ,education programmes for health ,professionals, patients and the public, and recognition of lupus as•a significant public health issue. • August 7, 2009. His Worship Mayor Ted Salci & Council City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Dear His Worship Mayor Ted Salci & Council, Boost Child Abuse Prevention & Intervention is planning the 5th annual Go Purple for Prevention!campaign. The campaign is held each year to raise awareness and provide education to prevent abuse and violence in the lives of children and youth and to raise funds to support our primary prevention programs. Our goals for the coming year include advocating for the implementation of mandatory prevention programs for all children in schools across Ontario. The cost of these programs is $3,000 per school. The programs are delivered to classrooms to Grades 1 to 4 over six weeks. An investment of only $40 per child will benefit the child that will last a lifetime. Isn't every child in our community worth it? We are seeking your support to proclaim October as Child Abuse & Neglect Prevention Month in your community. We would like to invite you and the City of Niagara Falls to think of Boost when you plan an event and include a message on your outdoor advertising signs outside sports and recreation centres, city hall and on your website during the month of October. Encourage your citizens to wear something purple to show their support and don't forget to send us pictures so we can post them on our website and include them in our newsletter. Plans for this year's campaign include: ❖ Campaign Launch at the Air Canada Centre on September 27, 2009 to kick off our national campaign ❖ Encourage third party and community fundraising events in support of campaign 4 Promoting awareness to over 15,000 hockey fans at Toronto Maple Leaf Hockey game at the Aix Canada Centre •: Promoting awareness and holding a 50/50 draw at Toronto Mathes game at the Ricoh Coliseum on November 1, 2009 ❖ Organizing a kite flying day "One Sky, One World, No Violence" event at the fall festival at Downsview Park and inviting kite clubs and members of the community to come out and fly kites with their children and families ❖ Inviting municipalities, child daycare centres, schools, colleges, universities, businesses, individuals and community agencies to participate and support our campaign Everyday in Canada thousands of children are at risk of abuse, bullying or other types of violence. Your support is critical to the success of the campaign. Please feel free to contact us with any questions. Please do not hesitate to contact Siew Lee Brett at 416 -515 -1100 ext. 224 to discuss an event in your community. We look forward to our continued partnership with you and the City of Niagara Falls to end violence and abuse in the lives of children and youth. Thank you. Yours truly, Karyn Kennedy, Executive Director Ends: (Mg 11111 nallnev 1 Inmtllroe Siew Lee Brett Manager of Fund Development Sample Proclamation Child Abuse Prevention Month October 2009 WHEREAS: children are our most precious asset and it is our responsibility to teach, guide and protect them to ensure they have a safe, nurturing environment in which to grow to their full potential, free from violence, abuse and neglect; and WHEREAS: child abuse and neglect are tragedies inflicted on innocent children, an ever - increasing problem in today's society that crosses all socio- economic boundaries; and WHEREAS: with increased public awareness, education and support programs, together with community involvement, we can help to ease the pain and suffering and stop the abuse of our children; and WHEREAS: during Child Abuse Prevention Month, groups and organizations within our community will be holding a variety of events and activities, and will offer information on the vitally important child abuse support and prevention programs that are available in our (insert township, city). NOW THEREFORE: I, Mayor , on behalf of (name of township /city) Council and the (insert population number) people of our great (insert township /city) do hereby proclaim October 2008 as "Child Abuse Prevention Month" to recognize the ongoing commitment of individuals and organizations in our community whose tireless efforts help prevent child abuse. (insert name of Mayor) Mayor September 27 September 27 October 04 CHILD ABUSE PIEBENIIBN $ INTEBIENIIBN 5TH ANNUAL GO PURPLE FOR PREVENTION CAMPAIGN 2009 CALENDAR OF EVENTS August 16 Event: Fifth Avenue Jewellery Party Hosted by Gerry Gizzo & Lisa D'Addese 10% of sale proceeds to benefit Go Purple Campaign Time: 2:00 p.m. to 5:00 p.m. Venue: 181 Lockheed Avenue, Maple, Ontario For more information, please call: Gerry Tel: 905- 832 -9656 or Lisa Tel: 416 - 985 -4390 Event: Walk on By Front Hamilton for Boost Organized by Nicole Ahearn Special incentive: Pledges of $200 or more will eam you a unique logo tank top or t -shod Donations & pledges to benefit the Go Purple Campaign. For event information: nahearn@live.ca Boost at the Air Canada Centre! 10 :00 a.m. First 50 kids who register will be invited to watch Team Toronto Maple Leafs skate, enjoy pizzas and light refreshments and photo opportunity. 12:00 noon Media Launch of 5 annual Go Purple Campaign. 4:30 p.m. to 9:00 p.m. Boost at hockey night at the ACC. Tickets, event programs will feature Boost logo and media blast throughout the evening in support of child abuse prevention campaign. "One Sky, One World, No Violence" kite flying event. Time: 11:00 a.m. to 4:00 p.m. Venue: Downsview Park Activities: facepainting, kite making workshops, exhibition of kites from kite clubs from Toronto and GTA, pumpkin carving and more. For event information and to register, please call: Lisa D'Addese Tel- 4165 - 515 -1100 ext. 334. Boost Child Abuse Prevention & Intervention 890 Yonge Street, 11th Floor, Toronto ON M3W 3P4 TeL 416 -515 -1100 Fab 416-515-1227 ww�v.boo__ stforkids orb Charitable Registration Number. 119039568RR0001 CRIED ABUSE PREVENTION S INTERVENTION Boost Child Abuse Prevention & Intervention is launching its 5 annual Go Purple for Prevention "It's Natural to Protect" awareness campaign. Every year, thousands of children and youth are affected by violence and abuse. Please register to receive a free Go for Purple for Prevention package (which includes posters, bookmarks, buttons, suggestions, tips, ideas on how to get your community or organization involved and much more). ❑ YES! We would like to support the 2009 Go Purple for Prevention Campaign ❑ Event date: Expected attendance: Individual /Organization: Event date: Contact Person /Title: Address: City: Province: Postal Code: E -mail: Tel: Fax: ❑ _ Boost buttons Campaign Materials Order Form ❑ Posters 0 _Bookmarks ❑ _ Unique Logo T -shirt $45.00 _ Black _ White _ L XL XXL ❑ _ Unique Logo racerback tank top $45.00. _ Black __ White XS _S_M Order early to avoid rush. Allow 6 -8 weeks for delivery. We accept cheque, Visa, Mastercard. Please mail order and cheque to: Boost Child Abuse Prevention & Intervention Re: Go Purple Campaign 890 Yonge Street, 11" Floor, Toronto ON M3W 3P4 Tel: (416) 515 -1100 ext. 224 Fax: (416)515 -1227 E-mail. brett@boostforkids.org or daddese @boostforkids.org for more information Order online at www.boostforkids.org Child abuse prevention is everyone's business. Thank you for your support! Office of the Mayor Inter - Department Memorandum TO: Dean Iorfida FROM: Jennifer Manning Ext. 4205 RE: Council Information Hello Dean: DATE: September 9, 2009 Would you please have the attached information from CUPE regarding a request for a proclamation acknowledging Child Care Worker & Early Childhood Educator Appreciation Day distributed to the council. Thanks, Jennifer September 1, 2009 To Mayors and Councils, We are writing to ask that you and your Council ecognition for the many people who work providing care to children in your community. Last year a record number of municipalities proclaimed and celebrated this day of appreciation, and it was a great a success. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 21, 2009 be proclaimed as Chid Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. In this case, we ask your Council sponsor public announcements, display our posters and distribute pins. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and pins to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 21 ". Please direct any correspondence on proclamations and/or celebration activities to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Ave., Suite 800, Scarborough, ON M1B 3V4, or by fax: 416- 292 -2839. Thank you for your consideration. Yours sincerely, OcQ R Sid Ryan, President, CUPS Ontario cc: CMSMs/DSSABs Tracy Saarikoski, President, OCBCC er Ave, Suite 801 gh, ON M1B 3V4 6- 299 -9739 • Fax: 416- 299 -3480 :.on.ca E -mail: cupeont @web.net :us/ cope491 9th Annual Child Care Worker & Early Childhood Educator Appreciation Day October 21, 2009 What Your Comituuwitd Caw bo The Week of the Child will be celebrated in communities across Canada from October 19 - 23, 2009. As a complement to this exciting week of events, we will be setting aside October 21, 2009 to celebrate Child Care Worker & Early Childhood Educator Appreciation Day. Trained and knowledgeable child care staff is the most important element in quality child care. Studies show that child care providers play a key role in shaping children's social, physical, emotional and cognitive development. This is a great opportunity for local Governments to recognize and show their appreciation by taking the lead in organizing Child Care Worker & Early Childhood Educator Appreciation Day. To help you make the Day visible in your community here are some ways you can participate and examples from local Government sponsored events in previous years: . * Support the . resolution declaring October 21 Child Care Worker & Early Childhood Educator - Appreciation Day. * Visit a child care centre and meet all the important people working hard to provide quality child care and early learning environments, and let them know how important they are in making child care world * Distribute buttons and posters — call or e-mail us for your FREE materials or fax using the enclosed order form. Examples of past local government celebrations: * Bought carnations for staff working in child care centres. * Hosted an appreciation dinner including a motivational guest speaker and also sponsored a full day workshop — all at no cost to front line staff. * Distributed buttons and posters to all child care centres and treated-Child Care Workers and ECE staff to a healthy breakfast. Also displayed posters and promoted Child Care Worker and ECE Appreciation Day at centres during the Week of the Child. * Had each centre nominate one educator /child care worker to be added to a list of names that were read by the Mayor, along with the resolution. * Recognized each early childhood educator and child care worker with a long stemmed rose and a chocolate thank you bar. CMSM donated some funding and each individual program chipped in as well. This is just a short list of activities - there are many things you can do to recognize and celebrate the valuable role child care workers play in the lives of children, families and communities. Please contact the Ontario Coalition for Better Child Care (416- 538 - 0628 x2 /toll -free 1- 800 - 594 -7514 x2, or email at andreaCTchildcareontario.orq) for further information, posters, buttons and certificates of appreciation. :usioope491 9 Annual Child Care Worker & Early Childhood E ducator Appreciation Day October 21, 2009 Resolution Whereas thirty six years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and _ Whereas recent studies clearly show trained and knowledgeable Early Childhood Educators and child care workers are the most important element in quality child care, and further that good wages and working • conditions are associated with higher job satisfaction and morale, lower staff turnover all of which predict higher quality care Therefore Be It Resolved that October 21, 2009 be designated. the 9th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. :us/cope49] Child Care Worker and Early Childhood Educator Appreciation Day October 21, 2009 OCBCC COMSEE Theme "Proud to Work in Early Learning and Child Care" Materials Request Form Quantities are limited so please order only what you need! Please send the following items: #Buttons #Posters A template Certificate of Appreciation will be automatically sent with each request. Name: Tel:# Organization (if applicable): . Address: City: Prov. Postal Code: Email Address: Return this form by October 9 to: Fax: 416- 538 -6737 Mail: OCBCC, 489 College St., Suite 206, Toronto, ON M6G 1A5 E -Maim info©childcareontario.orq Mayor Ted Saki PROCLAMATION City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356 -7521 Ext. 4201 tsalci@niagarafails.ca WHEREAS in the City of Niagara Falls there are many people who are homeless through circumstances often beyond their control, including instances such as, loss of jobs caused by economic downturns in our society, a lack of access to medical and mental health services, abusive situations at home forcing them to leave, and the lack of affordable or social housing; and WHEREAS in Niagara Falls there are many dedicated groups, organizations and individuals providing shelter and support services to countless numbers of individuals annually. These professional staff, volunteers, and community stakeholders all play a specific role in assisting homeless people, from infants to seniors, through the creation of a system that provides a broad range of life services, as well as education and career counseling, mental health, addiction, detoxification and harm reduction services in a caring, responsible, supportive environment; and WHEREAS the causes and incidences of homelessness are unacceptable in our community and the existence of housing insecurity causing homelessness will only be challenged, in a significant manner, with the acknowledgment and support of the broader community; and NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls do hereby proclaim the week of October 11th, as "Homelessness Awareness Week ", in the City of Niagara Falls; and FURTHER encourage all citizens of Niagara Falls to recognize that many people do not have housing and need support from citizens, and private /public nonprofit service entities. Mayor R. T. (Ted) Salci & Members of Council F- 2009 -48 NiagaraJ11d1s A September 28, 2009 ANAY REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2009 -48 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY The City of Niagara Falls continues to exhibit increased tax receivables due to the slowdown in the economy. Tax receivables as a percentage and taxes billed has increased from 18.2% to 18.6% with $62 million in taxes outstanding at of August 31, 2009. Of this, $20.5 million is in arrears and $41.7 million will become due in September /October. The City's finance staff has had success in resolving 90% of properties subject to registration for 2009. Lastly, forty -four properties are scheduled for tax sale in the next year. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE The tax collection for 2009 Zags behind the collection history in 2008. This is consistent with historical trends in taxation years when the economy has slowed. Table 1 shows that taxes outstanding at August 31, 2009 were $62.2 million with $20.5 million being in arrears and $41.7 million being due on final installment dates in September and October. This represents an increase from $60 million total and $18.6 million in arrears for the same period in 2008. Finance staff continues to actively pursue property owners in arrears. As a percentage of taxes outstanding to taxes billed in 2009 was 12.8 % versus 11.8% in 2008. This indicates that although tax receivables have grown, it is relatively the same percentage to tax billed increases. Table 2 provides the breakdown of outstanding taxes - total by assessment class. Consistent with previous months, the majority of outstanding taxes are for residential and commercial properties. At the present time, with final tax billing completed, the ratios of uncollected taxes by property class has remained virtually the same. September 28, 2009 - 2 - F- 2009 -48 Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 264 properties were subject to registration. Table 3 summarizes the progress of these actions after eight months of activity. This table shows 90% of the tax accounts have paid in full or have made payment arrangements. Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of August, one property was registered. The outstanding taxes for registered properties represent 4.2% of the total outstanding taxes at month end. FINANCIAUSTAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The municipality has a record of full collection and eams significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Approved by: Respectfully submitted: A. Fellcetti Taxes Receivable at August 31, 2009 Taxes Receivable by Property Class at August 31, 2009 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harris n, Direct T r of Financial Services K. E. Burden, Execuve Director, Corporate Services Ken Todd, Chief Administrative Officer TABLE 1 - Taxes Receivable as at August 31, 2009 Outstandin. Taxes @ Jul 31, 2009 Taxes Billed and Due August 30, 2009 PenaIt charged in Au ust Taxes Collected during August Outstanding Taxes @ August 31, 2009 $ 21,633,494 $ 21,777,234 $ 237,910 $ 23,108,185 $ 20,540,453 Taxes Due Se ' tember 30, 2009 Taxes Due October 30, 2009 Total Taxes to be Collected $ 19,893,559 $ 21,777,234 $ 62,211,246 $ 18,639,659 $ 19,415,098 $ 22,001,281 $ 60,056,038 TABLE 2 - Tax Receivable by Property Class at August 31, 2009 Residential Multi- Residential Commercial Industrial Farmlands Total Receivables Taxes Owing $26,869,225 $1,949,233 $31,184,891 $2,153,214 454,683 $62,211,246 % of Property Class Receivables 43.19% 3.13% 50.13% 3.46% 0.09% 100.00% TABLE 3 - Summary of New Properties Subject to Registration (2009) Initial Amount Paid in Full Pa ent Arrangements Ongoing Collection Action Re • istered 364 78 251 32 3 364 364 92 236 32 4 364 25.3% 64.8% 8.8% 100.0% TABLE 4 - Scheduled Tax Sales Dates for Registered Properties November 2009 Ma 2010 November 2010 Totals 23 18 3 44 $659,993 $1,668,192 $265,052 $2,593,236 Niagarafigl s REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council SUBMITTED BY: Finance SUBJECT: F- 2009 -49 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $14,934,510.49 for the period August 13, 2009 to September 9, 2009. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: f — Todd Harrhison, Dire for of Financial Services F- 2009 -49 September 28, 2009 K. E. Burden, Executive Director, Corporate Services Ken Todd, Clt(Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name A B C RECREATION LTD A COUPLE OF CHICKS MARKETING LTD A COUPLE OF CHICKS MARKETING LTD A STONE COMPANY LTD A J STONE COMPANY LTD AJ STONE COMPANY LTD Al ASPHALT MAINTENANCE AA INTERNATIONAL CONSULTANTS ABSOLUTE COMMUNICATION & DESIGN ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY AECOM CANADA LTD AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AGRATURF EQUIPMENT SERVICES INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALAMO RENT -A -CAR CANADA INC ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALUED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMEC EARTH & ENVIRONMENTAL ANIXTER CANADA INC ANTONIO,CHUCK ANTONIO,CHUCK AQUICON CONSTRUCTION CO LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ASHLAND CANADA CORP AVIS CAR INC BACON DESIGNS INC BANK OF MONTREAL BARRY BRYAN ASSOCIATES (1991) LTD BELL,WILLIAM BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIG BEE CONVENIENCE BIGGARS KEY SHOP BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOUTILIER,J BOYS & GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK & PARTNERS IN TRUST BUCKHORN CANADA INC BUNTIN REID BUNTIN REID BUSCH SYSTEMS INTL INC Cheque No. Cheque Date Purpose 1609602 ONTARIO INC. 331130 02- Sep -2009 2030688 ONTARIO LTD 331131 02 -Sep -2009 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 330957 26-Aug -2009 984265 ONTARIO LTD aka CIRCLE P PAVING 330984 26 -Aug -2009 331283 09- Sep -2009 330825 19- Aug -2009 331132 02- Sep -2009 330829 19-Aug -2009 330962 26-Aug -2009 331287 09-Sep-2009 330958 26 -Aug -2009 330959 26 -Aug -2009 330823 19- Aug -2009 330824 19 -Aug -2009 331284 09- Sep -2009 330826 19-Aug -2009 331285 09- Sep-2009 330827 19 -Aug -2009 330960 26-Aug -2009 330828 19- Aug -2009 330961 26- Aug -2009 331133 02-Sep-2009 331286 09- Sep -2009 330830 19 -Aug -2009 330831 19- Aug -2009 330963 26- Aug -2009 331134 02 -Sep -2009 330832 19-Aug -2009 331288 09-Sep-2009 330834 19- Aug -2009 330964 26- Aug-2009 331135 02-Sep-2009 331289 09- Sep -2009 331136 02-Sep-2009 330836 19-Aug -2009 331137 02- Sep -2009 331290 09- Sep -2009 331281 03- Sep -2009 331291 09- Sep -2009 330965 26 -Aug -2009 331138 02-Sep-2009 331292 09- Sep-2009 330837 19-Aug -2009 331293 09- Sep -2009 331139 02 -Sep -2009 330986 26-Aug -2009 331294 09-Sep-2009 330839 19- Aug -2009 331142 02- Sep -2009 331143 02- Sep -2009 331144 02- Sep -2009 330840 19-Aug -2009 330841 19- Aug -2009 331146 02- Sep -2009 330842 19- Aug -2009 330968 26-Aug -2009 330843 19- Aug -2009 331147 02-Sep-2009 331295 09- Sep -2009 330969 26- Aug -2009 331148 02- Sep -2009 331296 09- Sep -2009 331282 03-Sep-2009 331297 09-Sep-2009 331298 09- Sep -2009 330970 26-Aug -2009 331149 02- Sep -2009 331299 09-Sep-2009 331300 09-Sep-2009 331301 09- Sep-2009 330971 26 -Aug -2009 331302 09- Sep -2009 330972 26- Aug -2009 GRANT REFUND • LICENCE OVERPAYMENT CONTRACT SERVICES CONTRACT SERVICES - 2009 -04 AS CONTRACT SERVICES - CUMMINGS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE/REPAIRS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS EQUIPMENT MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES STORES/INVENTORY TRAVEUMILEAGE TRAVEL/MILEAGE SEP 01/09 CONTRACT SERVICES MATERIALS STORES /INVENTORY STORES/INVENTORY SERVICES -WATER TREATMENT PRI REFUND MAINTENANCE/REPAIRS REFUND CONTRACT SERVICES REFUND - SAFETY SHOES UTILITIES UTILITIES UTILITIES UTILITIES EQUIPMENT STORES/INVENTORY STORES/INVENTORY REFUND MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS CONTRACT SERVICES SERVICES RE ASSESSMENT APPEP MATERIALS GRANT CONTRACT SERVICES STORES/INVENTORY MATERIALS MATERIALS MATERIALS OFFICE SUPPLIES MATERIALS Page 1 of 8 Amount 10,000.00 88.67 489.30 85,844.61 139,448.12 6,195.00 6,195.00 239.31 434.08 501.22 4,087.73 655.40 2,612.79 66.25 369.89 2,394.00 5,097.28 37.96 33,332.74 5,507.58 4,364.22 63.00 5,402.93 25.00 119,896.49 278,350.31 9,056.81 984.46 78.82 1,041.04 1,027.08 999.29 982.54 6,790.54 586.88 16.00 30.00 1,944380.11 280.24 93.46 44.64 921.83 20.00 199.77 169.06 40,314.42 150.00 56.50 9,856.03 49.72 19.14 1,808.00 137.58 406.12 98.00 5.99 347.76 87.13 44.64 577.50 779.63 693.00 2,847,026.63 693.00 45.00 16,066.67 1,523.51 350.80 750.00 4,239.11 1,390.38 229.59 4,520.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CAN AM INSTRUMENTS LTD CANADA BREAD - ONTARIO #T6249 CANADA CULVERT CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANALLKAREN& CANAL!, LUCIANO CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARSWELL CAVALIERE,LUIGI CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHRISTENSEN,TRACI CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CITY OF GUELPH CITY OF ST CATHARINES CKEY 101.1 FM CLAYDON,JEFF COBI CONCRETE SAWING CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC COFFEY GEOTECHNICS INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINSON,BRIAN COLLUCCI,JOHN COLOR YOUR WORLD COLOR YOUR WORLD COMMISSIONAIRES COMMISSIONAIRES COMPLETE UTILITES CONTRACTING INC COOPER,JASON CORSO,JOSEPH& CORSO, KASEY CRAWFORD & COMPANY (CANADA) INC CREDIT UNION OF CENTRAL ONTARIO CUMMINS - ALLISON ULC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYGNAL TECHNOLOGIES DARCH FIRE DAVID CHEVROLET CORVETTE LTD DAVID CHEVROLET CORVETTE LTD DAVIDSON ENVIRONMENTAL Cheque No. Cheque Date Purpose 330993 26- Aug -2009 MATERIALS 331319 09- Sep -2009 MATERIALS 330844 19-Aug -2009 SERVICES 331150 02-Sep-2009 MATERIALS 331303 09-Sep-2009 MATERIALS 331151 02- Sep -2009 MAINTENANCE/REPAIRS 330973 26 -Aug -2009 MATERIALS 330975 26-Aug -2009 MATERIALS 330976 26 -Aug -2009 MAINTENANCE/REPAIRS 331152 02-Sep-2009 MAINTENANCE/REPAIRS 331304 09-Sep-2009 MAINTENANCE/REPAIRS 331306 09-Sep-2009 CONSULTING SERVICES 331154 02-Sep-2009 CONTRACT SERVICES 331307 09- Sep-2009 CONTRACT SERVICES 330978 28-Aug -2009 LEASES AND RENTS 330845 19-Aug -2009 MATERIALS 330979 26 -Aug -2009 MATERIALS 331155 02- Sep -2009 MATERIALS 330974 26-Aug -2009 REFUND 330977 26-Aug -2009 CONTRACT SERVICES 330980 26 -Aug -2009 SERVICES 330846 19- Aug -2009 MATERIALS 331156 02- Sep -2009 MATERIALS 331308 09- Sep -2009 MATERIALS 330981 26- Aug -2009 REFUND 330982 26- Aug -2009 MATERIALS 331158 02-Sep-2009 MATERIALS 331309 09-Sep-2009 MATERIALS 330847 19- Aug -2009 STORES/INVENTORY 331159 02- Sep-2009 STORES/INVENTORY 330848 19-Aug -2009 CONTRACT SERVICES 330849 19- Aug -2009 STORES /INVENTORY 330983 26-Aug -2009 STORES/INVENTORY 331160 02-Sep-2009 STORES/INVENTORY 331310 09-Sep-2009 STORES /INVENTORY 330850 19- Aug -2009 CONSULTING SERVICES 331311 09- Sep -2009 MATERIALS 330851 19-Aug -2009 LEASES AND RENTS 331161 02- Sep-2009 LEASES AND RENTS 331312 09- Sep -2009 LEASES AND RENTS 330985 26- Aug -2009 ADMINISTRATIVE 331162 02-Sep-2009 MATERIALS 330986 26 -Aug -2009 ADVERTISING 330987 26 -Aug -2009 TRAVEUMILEAGE 331163 02- Sep -2009 MAINTENANCE/REPAIRS 330852 19- Aug -2009 MATERIALS 331313 09- Sep -2009 MATERIALS 330988 26-Aug -2009 CONSULTING SERVICES 331164 02-Sep-2009 CONSULTING SERVICES 330989 26 -Aug -2009 UTILITIES 331165 02- Sep -2009 UTILITIES 331314 09- Sep -2009 UTILITIES 331166 02- Sep -2009 MATERIALS 331167 02- Sep -2009 MATERIALS 330990 26-Aug -2009 STORES/INVENTORY 331188 02 -Sep -2009 STORES /INVENTORY 330991 26- Aug -2009 CONTRACT SERVICES 331315 09-Sep-2009 CONTRACT SERVICES 331316 09- Sep -2009 MAINTENANCE/REPAIRS 330854 19- Aug -2009 REFUND 331170 02-Sep-2009 REFUND 330855 19 -Aug -2009 CONTRACT SERVICES 331318 09 -Sep -2009 REFUND RE ROLL#130- 002 - 08401 -0' 331172 02-Sep-2009 MATERIALS 330856 19-Aug -2009 PAYROLL REMITTANCE 330994 26- Aug -2009 PAYROLL REMITTANCE 331173 02- Sep -2009 PAYROLL REMITTANCE 331320 09- Sep -2009 PAYROLL REMITTANCE 330995 26- Aug -2009 REMITTANCE 331174 02- Sep-2009 MAINTENANCE/REPAIRS 330857 19-Aug -2009 MAINTENANCE/REPAIRS 330858 19-Aug -2009 EQUIPMENT 331175 02-Sep-2009 EQUIPMENT 330998 26- Aug -2009 MATERIALS Page 2 of 8 Amount 17,959.99 7,836.55 915.30 915.30 5,159.76 2,428.04 52.00 4,397.23 1,473.68 1,078.88 126.00 3,467.20 1,039.90 1,039.90 2,915.06 3,039.70 880.85 1,362.63 750.00 264.60 14,147.70 169:33 725.35 190.10 750.00 819.25 3,756.12 1,061.07 171.20 449.74 1,644.30 626.55 971.68 298.77 658.65 482.00 3,451.63 10,131.61 2,232.32 885.95 150.00 1,415.40 1,025.86 107.50 485.83 146.90 247.00 9,387.00 157.50 498.37 557.77 217.67 300.00 139.26 355.13 113.63 18,169.36 10,078.08 6,453.20 750.00 455.30 1,800.00 1,892.00 339.00 4,399.21 4,476.64 4,056.57 4,176.24 500.00 2,943.84 228.37 39,766.96 49,351.82 240.45 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEVRON PIPE SALES DICIENZO,ANGELO DOWNTOWNBOARDOFMANAGEMENT DRAFTING CLINIC CANADA LTD DRAWING CENTRE DUERKSEN,ANGELA DUJLOVIC,ED DUN -MAP INC DUPUIS,ULY DYE & DURHAM E3 LABORATORIES ECP TIME EQUIPMENT LTD ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELUS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMERALD EMERALD EMPIRE LIFE INSURANCE COMPANY THE EMRY SERVICES INC ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERPLAY INSTALLATION INC EVOLUTION TRUCK & TRAILER SERVICE FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW BIA FANSOLATO,WAYNE FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED G & K SERVICES CANADA INC GPS PURSUIT INC GPS PURSUIT INC GALES GAS BARS GALES GAS BARS GAMMA- DYNACARE MEDICAL LABORATORIES GAULD NURSERIES LTD GAULEY,ROBERT (DAN) GEORGE BAILEY GLENDENNING,DEAN ALBERT GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD Page 3of8 Cheque No. Cheque Date Purpose Amount 330859 19-Aug -2009 CONSULTING SERVICES 19,590.81 330997 26- Aug -2009 MATERIALS 2,424.23 330898 28- Aug-2009 MAINTENANCE/REPAIRS 4,487.03 331176 02- Sep -2009 MATERIALS 431.05 331321 09- Sep -2009 MAINTENANCE/REPAIRS 377 330860 19- Aug -2009 MATERIALS - 1,085.76 330861 19 -Aug -2009 ADMINISTRATIVE 100.00 331177 02-Sep-2009 REMITTANCE 125,000.00 331178 02-Sep-2009 CONTRACT SERVICES 1,067.21 330862 19- Aug -2009 MATERIALS 685.57 331179 02- Sep -2009 TRAVEUMILEAGE 121.00 331322 09-Sep-2009 TRAVEUMILEAGE 462.00 330999 26-Aug -2009 ADVERTISING 983.10 330863 19- Aug -2009 TRAVEUMILEAGE 140.50 330864 18-Aug -2009 SUPPLIES 10.03 331000 26-Aug -2009 CONTRACT SERVICES 6,851.66 331180 02- Sep -2009 MAINTENANCE/REPAIRS 191.95 331323 09- Sep -2009 MATERIALS 74.55 331324 09- Sep -2009 MATERIALS 1,977.50 331001 26-Aug -2009 CONTRACT SERVICES 3,480.75 330865 19- Aug -2009 MATERIALS 4,884.68 331002 26- Aug -2009 MATERIALS 1,301.76 331325 09- Sep-2009 STORES/INVENTORY 401.05 330866 19-Aug -2009 CONTRACT SERVICES 102.38 331326 09- Sep -2009 MAINTENANCE/REPAIRS 465.68 331003 26-Aug -2009 ADMINISTRATIVE 35,698.17 331181 02- Sep -2009 MATERIALS 4,445.28 330867 19-Aug -2009 UTILITIES 4,088.97 331004 26- Aug -2009 UTILITIES 1,160.57 331182 02- Sep -2009 UTILITIES 57.75 331183 02- Sep -2009 CONSULTING SERVICES 9,414.04 331184 02- Sep -2009 MATERIALS 300.00 331005 26- Aug -2009 MATERIALS 1,179.49 330868 19-Aug -2009 CONTRACT SERVICES . 559.65 331006 28- Aug -2009 CONTRACT - 2907 STANLEY 1,336.65 331185 02-Sep -2009 CONTRACT SERVICES 573.30 331328 09- Sep -2009 MAINTENANCE/REPAIRS 334.95 331007 26-Aug -2009 MAINTENANCE/REPAIRS 430.50 330869 18- Aug -2009 MAINTENANCE /REPAIRS -UNIT #215 166.33 330870 19- Aug -2009 CONTRACT SERVICES 8,091.35 331329 09- Sep -2009 MAINTENANCE/REPAIRS 308.70 331187 02- Sep -2009 REMITTANCE 375,000.00 331330 09- Sep -2009 MATERIALS 45.00 330871 19- Aug -2009 MATERIALS 317.49 331188 02-Sep-2009 MATERIALS 116.86 331331 09- Sep -2009 MATERIALS 654.90 331008 26- Aug -2009 MATERIALS 104.73 331332 09-Sep-2009 CONTRACT SERVICES 1,648.50 330872 19-Aug -2009 MATERIALS 620.96 331009 26- Aug -2009 MATERIALS 2,049.44 330873 19- Aug -2009 MATERIALS 489.44 331010 26 -Aug -2009 MATERIALS 375.03 331189 02- Sep -2009 MATERIALS 306.50 330874 19- Aug -2009 STORES/INVENTORY 2,700.14 331011 26- Aug -2009 MATERIALS 2,001.51 331190 02-Sep-2009 STORES/INVENTORY 373.05 331333 09-Sep-2009 STORES/INVENTORY 1,566.24 331191 02- Sep -2009 TRAVEUMILEAGE 88,50 331012 26-Aug -2009 REMITTANCE 2004 -181 15,037.40 331334 09- Sep -2009 MATERIALS 133.59 330877 19-Aug -2009 CONTRACT SERVICES 52.50 331336 09-Sep-2009 ADVERTISING 52.50 33101 26- Aug-2009 MATERIALS 37.00 331192 02- Sep -2009 FUEL 149.16 331014 26-Aug -2009 ADMINISTRATIVE 68.25 331016 26 -Aug -2009 MATERIALS 96.71 331017 26 -Aug -2009 TRAVEUMILEAGE 226.00 330876 19-Aug -2009 MATERIALS 720.00 331018 26- Aug -2009 REFUND 750.00 331335 09- Sep -2009 SERVICES 139.89 330879 19-Aug -2009 MATERIALS 779.84 331019 26- Aug -2009 MATERIALS 383.12 331193 02-Sep-2009 MATERIALS 43.30 331337 09-Sep-2009 MATERIALS 106.11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENLAWN GREENLAWN GREENLAWN GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HARE,MICHAEL HARPER POWER PRODUCTS INC HENDERSON RECREATION EQUIPMENT LIMITED HENRY,KEN HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HOSPITALITY ON HAND HR SYSTEMS STRATEGIES INC HUNTON,GAIL CECO ADVANCED ARENA PRODUCTS NDUSTRIAL ACCIDENT PREVENTION ASSOCIATION NDUSTRIAL SAFETY EQUIPMENT CO LTD NIT INC NLAND LIFERAFTS & MARINE LTD NNOVATIVE SURFACE SOLUTIONS CANADA OANNONI,CAROLYNN RON MOUNTAIN CANADA CORP T WEAPONS INC J &B JACKSON,JEFFREY JACKSON,JEFFREY JAGGER HIMS LIMITED JESSOP,JIM JOHNSON,DEBORA JOSEPH T K HA ENGINEERING INC KAN DU POOLS LTD KELLY DIGS LANDSCAPING KNECHT BERCHTOLD INC KNOWLTON PASS ELECTRONICS INC KOVATCH KRAWCZYK CONSTRUCTION MAINTENANCE LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAURO,VINCENT LAW SOCIETY OF UPPER CANADA LEA,T. LETOURNEAU,ANDRE LIFESAVING SOCIETY LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LI PERT & WRIGHT FUELS INC LUCHKANYN,RON LUEY,CATHERINE LUNDY'S LANE BIA LYMBURNER,ROBERT M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACKENZIE,RON MAIN & FERRY BIA MANOR CLEANERS Page 4 of 8 Cheque No. Cheque Date Purpose Amount 331020 26-Aug -2009 PAYROLL REMITTANCE 32.40 330880 19 -Aug -2009 CONTRACT -8568 LUNDYS, 4733 FIR: 1,681.63 331021 26-Aug -2009 CONTRACT SERVICES 1,853.75 330881 19- Aug -2009 CONTRACT SERVICES 94.50 331194 02- Sep -2009 CONTRACT SERVICES 682.50 331338 09 -Sep -2009 CONTRACT SERVICES 94.50 330882 19-Aug -2009 CONTRACT SERVICES 1,701.80 331022 26-Aug -2009 CONTRACT SERVICES 1,279.09 331023 26 -Aug -2009 CONTRACT SERVICES 1,373.12 331024 26- Aug -2009 CONTRACT SERVICES 15,988.36 331195 02-Sep-2009 STORES /INVENTORY 572.13 331339 09- Sep -2009 MATERIALS 1,135.65 330883 19- Aug -2009 LEASES AND RENTS 3,874.45 331025 26- Aug -2009 MAINTENANCE/REPAIRS 2,015.03 331196 02- Sep -2009 LEASES AND RENTS 3,430.96 331340 09- Sep -2009 LEASES AND RENTS - 979.55 331026 26 -Aug -2009 MATERIALS 457.32 331197 02- Sep -2009 MATERIALS 113.00 331341 09- Sep -2009 MATERIALS 2,702.81 330884 19-Aug -2009 TRAVEL/MILEAGE 60.50 331198 02-Sep-2009 REFUND 103.86 331199 02-Sep-2009 MATERIALS 152.47 331027 26- Aug -2009 MATERIALS 10,226.50 331028 26- Aug-2009 MATERIALS 300.00 331200 02- Sep -2009 CONSULTING SERVICES 1,618.72 330885 19-Aug -2009 LEASES AND RENTS 3,254.87 331029 26 -Aug -2009 LEASES AND RENTS 3,254.87 331201 02 -Sep -2009 TRAVEL/MILEAGE 103.00 330886 19 -Aug -2009 MATERIALS 1,500.01 330887 19 -Aug -2008 CONTRACT SERVICES 1,186.50 331202 02-Sep-2009 TRAVEL/MILEAGE 52.50 331203 02-Sep-2009 MATERIALS 5,302.82 331205 02-Sep-2009 CONSULTING SERVICES 708.75 331204 02-Sep-2009 MATERIALS 284.74 331031 26- Aug -2009 ADMINISTRATIVE 6,202.00 331032 26- Aug -2009 MATERIALS 11,240.11 330888 19- Aug -2009 MATERIALS 4,467.37 331206 02- Sep -2009 TRAVEL/MILEAGE 438.35 331207 02- Sep -2009 CONTRACT SERVICES 716.63 331033 26- Aug -2009 MATERIALS 878.63 330890 19-Aug -2009 CONTRACT SERVICES 36.75 330889 18-Aug -2009 TRAVEL/MILEAGE 308.00 331208 02-Sep-2009 TRAVELMILEAGE 312.50 331034 26-Aug -2009 CONSULTING SERVICES 4,441.49 330891 19-Aug -2009 ADMINISTRATIVE 1,021.90 331035 26-Aug -2009 REFUND 750.00 330892 19- Aug -2009 CONTRACT SERVICES 4,410.00 330893 19- Aug -2009 MATERIALS 240.82 331036 26 -Aug -2009 CONTRACT SERVICES 21,735.84 330894 19- Aug -2009 MATERIALS 1,107.40 331037 26- Aug -2009 CONTRACT SERVICES 5,250.00 US DRAFT 31-Aug -2009 MATERIALS 534.47 331209 02-Sep-2009 CONTRACT SERVICES 897.75 331038 26 -Aug -2009 CONTRACT SERVICES 494.30 331210 02-Sep-2009 CONTRACT SERVICES 1,664.26 331211 02-Sep-2009 TRAVEL/MILEAGE 138.50 331212 02- Sep -2009 CONSULTING SERVICES 17.85 331213 02- Sep -2009 REFUND - 2009 EMPLOYEE PURCHP 300.00 330895 19 -Aug -2009 REFUND - NRPS SECURITY CHECK 40.00 331040 26 -Aug -2009 MATERIALS 234.47 330897 19 -Aug -2009 FUEL 24,164.77 331215 02- Sep -2009 FUEL 5,806.65 331343 09-Sep-2009 FUEL 28,624.04 331041 26 -Aug -2009 REFUND - CEMETERY PLOT SELL-B, 485.00 331042 26-Aug -2009 REFUND - EXAM FEES 300.00 331216 02- Sep -2009 GRANT 69,000.00 330898 19- Aug -2009 REFUND - 2009 EMPLOYEE PURCHP 300.00 330903 19- Aug -2009 CONTRACT SERVICES 1,128.33 331050 26- Aug -2009 MATERIALS 745.74 331231 02- Sep -2009 MATERIALS 98.86 331352 09- Sep -2009 SERVICES 745.63 331043 26- Aug -2009 REFUND - SAFETY SHOES 150.00 331218 02 -Sep -2009 GRANT 13,750.00 331219 02-Sep-2009 SERVICES 21.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MARCO CLAY PRODUCTS INC MARTY'S MENS WEAR MASLEKJOVO MATOVIC,DRAGAN MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,BART MCCLURG,ROBERT MCGEE MARKING DEVICES MEDCON MECHANICAL LTD METAL SUPERMARKETS METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING MHPM PROJECT MANAGERS INC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MISTER CHEMICAL LTD. MODERN CRANE MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,JOHN MORTON,DALE MR FURNACE/HU -ERO COMMERCIAL DIVISION MR QUICK SOFT CLOTH MSANF INC. MUNDLE,TREVOR N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NETMOTION NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA CHAIR VAN NIAGARA CHRYSLER DODGE JEEP NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA INDUSTRIAL FINISHES NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Page 5 of 8 Cheque No. Cheque Date Purpose Amount 331345 09- Sep -2009 MATERIALS 14,830.97 331220 02- Sep -2009 MATERIALS 193.23 330899 19-Aug -2009 REFUND - SAFETY SHOES 150.00 331221 02-Sep-2009 REFUND - DAMAGE DEPOSIT - 3542 750.00 331222 02- Sep -2009 CONSULTING SERVICES 5,390.96 331346 09- Sep -2009 CONSULTING SERVICES 1,692.93 331223 02- Sep -2009 REFUND -GOLF EVENT 250.00 331347 09- Sep -2009 REFUND - SAFETY SHOES 150.00 331044 26- Aug -2009 MATERIALS 1,181.43 331224 02-Sep-2009 CONTRACT SERVICES 790.66 331348 09-Sep-2009 MATERIALS 170.64 330900 19-Aug -2009 CONTRACT SERVICES 4,457.40 331046 26-Aug -2009 CONTRACT SERVICES 3,897.83 331349 09- Sep-2009 CONTRACT SERVICES 4,619.70 331047 26 -Aug -2009 CONSULTING SERVICES 11,032.72 331225 02-Sep-2009 TRAVEUMILEAGE 192.00 330902 19-Aug -2009 PAYROLL REMITTANCE 47.21 331227 02- Sep-2009 PAYROLL REMITTANCE 57,926.14 331226 02- Sep -2009 PAYROLL REMITTANCE 3,474.38 331229 02 -Sep -2009 ADMINISTRATIVE 455.00 330950 19- Aug -2009 PAYROLL REMITTANCE 100.00 331119 26-Aug -2009 PAYROLL REMITTANCE 100.00 331274 02-Sep-2009 PAYROLL REMITTANCE 100.00 331403 09- Sep-2009 PAYROLL REMITTANCE 100.00 330956 21- Aug -2009 PAYROLL REMITTANCE 1,798.60 331048 26-Aug -2009 PAYROLL REMITTANCE 679.38 331226 02- Sep -2009 PAYROLL REMITTANCE 1,798.60 331351 09-Sep-2009 PAYROLL REMITTANCE 603.91 331049 26- Aug -2009 REFUND - SAFETY SHOES 150.00 331230 02- Sep -2009 MATERIALS 189.80 331233 02- Sep -2009 CONTRACT SERVICES 1,984.50 331232 02- Sep -2009 CONTRACT SERVICES 492.72 331353 09 -Sep -2009 CONTRACT SERVICES 5,036.33 331354 09-Sep-2009 TRAVEUMILEAGE 88.00 331051 26- Aug -2009 CONTRACT SERVICES 377.56 331355 09- Sep -2009 TRAVEUMILEAGE 268.50 331052 26-Aug -2009 REFUND - 2009 EMPLOYEE PURCHP 300.00 331356 09- Sep -2009 SERVICES 6,296.85 331053 26 -Aug -2009 SERVICES 145.95 331054 26 -Aug -2009 ADMINISTRATIVE 157,320.00 330904 19- Aug -2009 REFUND - NRPS SECURITY CHECK 40.00 330914 19-Aug -2009 MATERIALS 508.50 331064 26- Aug -2009 MATERIALS 791.00 331243 02-Sep-2009 SERVICES 2000 10 US DRAFT 31-Aug -2009 MAINTENANCE AGREEMENT 1,031.25 331234 02-Sep-2009 SERVICES 425.78 330905 19- Aug -2009 CONTRACT SERVICES 2,160.19 331055 26-Aug -2009 MATERIALS 38.42 331235 02- Sep -2009 CONTRACT SERVICES 1,842.92 331358 09-Sep-2009 CONTRACT SERVICES 184.19 331056 26 -Aug -2009 GRANT 34,389.00 331236 02-Sep-2009 SERVICES 240.55 331237 02- Sep -2009 ADVERTISING 861.59 330907 19-Aug -2009 PAYROLL REMITTANCE 6,016.75 330908 19 -Aug -2009 PAYROLL REMITTANCE 6,571.52 331239 02-Sep-2009 PAYROLL REMITTANCE 6,571.52 331057 26 -Aug -2009 GRANT 1,416.67 331058 26- Aug -2009 CONTRACT SERVICES 37,711.83 331360 09-Sep -2009 CONTRACT SERVICES 680.00 331059 26- Aug -2009 GRANT 60,000.00 331361 09-Sep-2009 MATERIALS 5,919.58 331060 26- Aug -2009 CONSULTING SERVICES 546.75 331061 26 -Aug -2009 UTILITIES 69.93 331362 09- Sep -2009 MATERIALS 372.19 330821 17- Aug -2009 REMITTANCE -WATER ARREARS AU 5,011.11 330822 17 -Aug -2009 UTILITIES 296.94 330909 19- Aug -2009 REMITTANCE 7,483.50 330910 19-Aug -2009 UTILITIES 4,308.91 331062 26- Aug -2009 REMITTANCE 9,575.48 331063 26-Aug -2009 UTILITIES 147,432.60 331240 02-Sep-2009 UTILITIES 13,295.98 331241 02 -Sep -2009 UTIUTIES 7,353.32 331363 09-Sep-2009 REMITTANCE -WATER ARREARS 7,688.43 331364 09-Sep-2009 UTILITIES 3,680.21 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGIONAL POLICE SERVICE NIAGARA THIS WEEK NIAGARA WATER CONDITIONING LTD NORJOHN CONTRACTING & PAVING LTD NORTON,GAGE OCE- CANADA INC OCE- CANADA INC OMERS OMERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO GYM & SPORTS ONTARIO MUNICIPAL ADMINISTRATORS' ASSOCIATION ONTARIO POWER GENERATION INC ONYEAMA- ASONYE,SAMMY PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC. PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PENINSULA TOWING & RECOVERY INC PETO MACCALLUM LTD. PHAN,XUAN, DUNG PHOENIX FOUNDRY PTY LTD PIGEON,ROGER PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R AND R ASSOCIATES INC. R W HAMILTON LTD R.J. MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA REGIONAL MUNIC PALITY OF NIAGARA INTEGRATED COMMUNIT ROBERTSON,SRIAN ROGERS VNRELESS INC ROTO - ROOTER PLUMBERS 5 N DIESEL SAFEDESIGN APPAREL LTD SAFETY TODAY SAFETY TODAY SAFETY TODAY Cheque No. Cheque Date Purpose 330911 19- Aug -2009 MATERIALS 330912 19-Aug -2009 CONTRACT SERVICES 331242 02-Sep-2009 ADVERTISING 331365 09-Sep-2009 MATERIALS 331366 09- Sep -2009 CONTRACT SERVICES - SURFACE T 330913 19-Aug -2009 REFUND - SAFETY SHOES 330915 19 -Aug -2009 CONTRACT SERVICES 331367 09- Sep•2009 MATERIALS 331368 09-Sep-2009 PAYROLL REMITTANCE 331369 09-Sep-2009 PAYROLL REMITTANCE 331370 09- Sep-2009 CONTRACT SERVICES 330916 19- Aug -2009 MATERIALS 331066 26 -Aug -2009 REMITTANCE 331087 26-Aug -2009 ANNUAL LICENCE AGREEMENT • SE 330917 19-Aug -2009 REFUND- TUITION 331068 26 -Aug -2009 CONTRACT SERVICES 331372 09-Sep -2009 SERVICES 330919 19-Aug -2009 CONTRACT SERVICES 331375 09- Sep -2009 CONSULTING SERVICES 331373 09- Sep -2009 SERVICES 331374 09- Sep -2009 CONTRACT SERVICES 331069 26- Aug -2009 MATERIALS 330918 19- Aug -2009 CONTRACT SERVICES 331070 26- Aug -2009 CONTRACT SERVICES 331244 02- Sep-2009 CONSULTING SERVICES 331245 02- Sep -2009 REFUND - DUPLICATE PAYMENT Oh 331071 26-Aug -2009 MATERIALS 331246 02-Sep-2009 REFUND - 2009 EMPLOYEE PURCHF 331376 09- Sep -2009 CONTRACT SERVICES 331377 09- Sep -2009 CONTRACT SERVICES - SEWER LA1 330920 19- Aug -2009 MATERIALS 331378 09-Sep-2009 TRAVEUMILEAGE 331072 26-Aug -2009 LEASES AND RENTS 331073 26- Aug -2009 GRANT 330921 19- Aug -2009 CONTRACT SERVICES 331379 09 -Sep -2009 CONTRACT SERVICES 331074 26- Aug -2009 REFUND - DAMAGE DEPOSIT 5450 N 330922 19-Aug -2009 COURIER 331075 26- Aug -2009 COURIER 331247 02-Sep-2009 COURIER 331381 09-Sep-2009 COURIER 331077 26- Aug -2009 CONSULTING SERVICES 331386 09-Sep-2009 MATERIALS 331385 09-Sep -2009 MATERIALS 331076 26- Aug -2009 MATERIALS 331248 02-Sep-2009 MATERIALS 331382 09-Sep-2009 MATERIALS 330923 19-Aug-2009 MATERIALS 331249 02-Sep-2009 ADMINISTRATIVE 331250 02- Sep -2009 REMITTANCE 330924 19- Aug -2009 PAYROLL REMITTANCE 330925 19- Aug -2009 PAYROLL REMITTANCE 331078 26-Aug -2009 PAYROLL REMITTANCE 331251 02-Sep-2009 PAYROLL REMITTANCE 331383 09 -Sep -2009 PAYROLL REMITTANCE 330926 19- Aug -2009 REMITTANCE - BY -LAW AMEND APP 330954 20-Aug -2009 REMITTANCE 331129 27-Aug -2009 CONTRACT SERVICES 331252 02-Sep-2009 CONTRACT SERVICES 331384 09-Sep-2009 CONTRACT SERVICES WIRE TSF 14- Aug -2009 MATERIALS/EQUIPMENT WIRE TSF 20-Aug -2009 DEBT INTEREST 75 -2003 WIRE TSF 20-Aug -2009 DEBT PRINCIPAL 75 -2003 WIRE TSF 31-Aug -2009 JULY WATERlWASTEWATER WIRE TSF 31-Aug -2009 JUL-SEPT WASTE COLLECTION 331079 26 -Aug -2009 CONSULTING SERVICES 331080 26 -Aug -2009 REFUND - 2009 EMPLOYEE PURCHF 331081 26- Aug -2009 CONTRACT SERVICES 331082 26-Aug -2009 SERVICES 330933 19- Aug -2009 CONTRACT SERVICES 331083 26- Aug -2009 MATERIALS 330927 19-Aug -2009 MATERIALS 331084 26 -Aug -2009 MATERIALS 331253 02- Sep -2009 MATERIALS Page 6 of 8 Amount 29.42 35.00 3,005.33 102.90 462,108.11 150.00 2,908.55 8.40 393,555.94 21,304.16 246.75 2,935.41 158.82 1,953.00 735.03 579.32 2,273.67 61.75 53.11 1 ,470.00 441.00 570.00 273.00 158.25 1,194.02 20.00 545.99 300.00 12,978.00 53,143.42 9.83 45.00 1,048.17 26,175.00 222,744.28 259,535.71 750.00 93.13 98.36 62.89 98.71 2,346.23 545.34 698.39 445.01 943.90 520.25 586.90 1,402.55 1,706.25 311,200.60 176.50 103,666.93 305,625.73 93,065.38 500.00 1,200.00 8,872.50 6,158.23 2,072.21 11,117.14 52,458.00 374,000.00 1,910,173.72 1,612,504.71 1,800.00 300.00 1,263.71 410.50 26,913.62 1,490.93 660.49 123.67 99.11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SALCI,TED SALCI,TED SALCI,TED SCHACHOWSKOJ,KENT SEBBEN,BRYAN ROGER SEEBACH,CHRISTOPHER SEMINAKTERRY SERVICEMASTER CLEAN OF NIAGARA SHERWIN WILLIAMS SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 SOCAN SOMMERFELDT,GUNTHER SPEARE SEEDS ST CATHARINES TRANSIT COMMISSION ST JOHN AMBULANCE STANTEC STEENBURG,GERALD STICCA,JAMES STITCH IT STOKES INTERNATIONAL STOKES INTERNATIONAL STORAGE NIAGARA STRATEGY CORP SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC TALK WIRELESS INC TALK WIRELESS INC TECVALCO LTD TEIBERT,GEORGE TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC THE CANADIAN INSTITUTE OF CHARTERED ACCOUNTANTS THE GREENFIELD GROUP LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THUSUSKA,JEFF THYSSENKRUPP ELEVATOR TIM HORTON'S TODD,KEN TONET,RITA TOROMONT TOROMONT TOROMONT TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRENCHLESS UTILITY EQUIPMENT INC TROY SPRINKLER LIMITED TURCOTTE,CH RISTOPHER TURF CARE PRODUCTS CANADA LIMITED UNITED RENTALS UNITED WAY UPS CANADA Cheque No. Cheque Date Purpose 330820 14- Aug -2009 REMITTANCE 330928 19-Aug -2009 TRAVEUMILEAGE 331254 02-Sep-2009 TRAVEUMILEAGE 331387 09-Sep-2009 REFUND - SAFETY SHOES 331085 26-Aug -2009 REFUND - NRPS SECURITY CHECK 330929 19- Aug -2009 REFUND - NRPS SECURITY CHECK I 330930 19-Aug -2009 REFUND - SUMP PUMP INSTALLATI( 331086 26 -Aug -2009 CONTRACT SERVICES 331388 09- Sep -2009 MATERIALS 330931 19-Aug -2009 SERVICES 330932 19- A14i-2009 CONTRACT SERVICES 331087 26- Aug -2009 MATERIALS 331389 09-Sep-2009 MATERIALS 331255. 02- Sep -2009 CONTRACT SERVICES 331088 26- Aug -2009 CONTRACT SERVICES 331256 02- Sep -2009 CONTRACT SERVICES 330934 19- Aug -2009 REFUND • TAX OVERPAYMENT 331089 26- Aug -2009 MATERIALS 331090 26 -Aug -2009 CONTRACT SERVICES 331092 26- Aug -2009 GRANT US DRAFT 16-Aug -2009 CONSULTING - PEOPLE MOVER 331091 26- Aug -2009 REFUND - SERVICE DEPOSIT - 7050 331390 09-Sep-2009 TRAVEUMILEAGE 331257 02-Sep-2009 SERVICES 330935 19- Aug -2009 MATERIALS 331093 26 -Aug -2009 MATERIALS 331094 26-Aug -2009 CONTRACT SERVICES 331095 26- Aug -2009 CONSULTING SERVICES 330937 19-Aug -2009 REMITTANCE 331097 28- Aug -2008 ADMINISTRATIVE 331391 09- Sep-2009 ADMINISTRATIVE 330936 19-Aug -2009 FUEL 331096 26- Aug -2009 FUEL 331260 02-Sep-2009 MATERIALS 331259 02•ep -2009 FUEL 330936 19 -Aug -2009 MATERIALS 331261 02- Sep -2009 SERVICES 331262 02- Sep -2009 SERVICES 331263 02•ep -2009 REFUND - 2009 EMPLOYEE PURCHF 331099 26- Aug -2009 SERVICES 330939 19- Aug -2009 SERVICES 331100 26- Aug -2009 SERVICES 330940 19- Aug -2009 CONTRACT SERVICES 331392 09-Sep-2009 SERVICES 330941 19- Aug -2009 ADMINISTRATIVE 331305 09-Sep-2009 SUBSCRIPTION 330942 19-Aug -2009 CONTRACT SERVICES 331101 26-Aug -2009 MATERIALS 331264 02-Sep-2009 MATERIALS 331393 09-Sep-2009 MATERIALS 330943 19 -Aug -2009 ADVERTISING 330944 19-Aug•2009 SUBSCRIPTION 331102 26- Aug -2009 CONTRACT SERVICES 331265 02-Sep-2009 CONTRACT SERVICES 331394 09Sep•2009 REFUND • SAFETY SHOES 331103 26- Aug -2009 CONTRACT SERVICES 331104 26-Aug -2009 MATERIALS 331266 02- Sep -2009 TRAVEUMILEAGE 331287 02-Sep-2009 REFUND - 2009 EMPLOYEE PURCHF 331105 26- Aug -2009 MATERIALS 331268 02-Sep-2009 SERVICES 331395 09-Sep-2009 CONTRACT SERVICES 331396 09- Sep -2009 REFUND - LUNCH 331269 02-Sep-2009 CONTRACT SERVICES - TR05 -2009 L 331106 26- Aug -2009 MATERIALS 331270 02- Sep -2009 MATERIALS 331397 09- Sep-2009 MATERIALS 331107 26-Aug -2009 MATERIALS 331108 26-Aug -2009 SERVICES 331109 26- Aug -2009 REFUND - NRPS SECURITY CHECK I 331398 09- Sep -2009 MATERIALS 331399 09- Sep -2009 CONTRACT SERVICES 331110 26-Aug -2009 PAYROLL REMITTANCE 331111 26-Aug -2009 COURIER Page 7of8 Amount 340.00 1,155.00 1,376.97 150.00 40.00 40.00 2,100.00 1,338.75 171.20 71.66 1,307.25 2,751.55 1,666.75 3,843.50 226:65 1,745.98 728.03 1,245.83 14,125.00 2,616.67 16,000.00 750.00 189.00 95.88 8.99 69.55 192.10 7,875.00 163.79 285,732.18 432.00 19,411.03 24,979.48 923.35 401.63 67.80 1,804.05 661.05 300.00 2,255.11 6,227.50 4,529.71 658.79 1,547.87 10,000.00 144.90 1,732.50 67.80 732.24 67.80 10,023.53 483.25 467.27 815.33 150.00 287.34 59.41 284.95 300.00 2,151.78 1,196.67 311,03 378.49 8,497.71 387.00 138.20 23.99 1,695.00 537.67 40.00 273.72 364.85 1,109.00 75.79 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VAN DYKE,HARRY VANBEEK,JEFFERY WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WASTE MANAGEMENT WATERS,RON WATSON & ASSOCIATES ECONOMISTS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WESTBURNE/RUDDY WESTBURNE/RUDDY WINDSOR FACTORY SUPPLY LTD. WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WSIB WSIB WSIB WSIB WSIB YMCA YMCA YMCA OF NIAGARA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ST CATHARINES ZAMBONI COMPANY LTD Cheque No. 331112 330945 331113 331271 330946 331115 331114 330948 331118 331401 330947 331117 331272 331400 331402 330949 331273 331275 331404 330951 331120 331405 331276 331121 331122 331406 331123 331277 330952 330955 331278 331279 331407 330953 331280 331126 331127 331408 331128 331409 Cheque Date 26-Aug -2009 19- Aug -2009 26- Aug -2009 02- Sep -2009 19-Aug -2009 26-Aug -2009 26 -Aug -2009 19 -Aug -2009 26-Aug -2009 09- Sep -2009 19- Aug -2009 26- Aug -2009 02 -Sep -2009 09- Sep -2009 09-Sep-2009 19- Aug -2009 02-Sep-2009 02- Sep -2009 09- Sep-2009 19- Aug -2009 26-Aug -2009 09- Sep -2009 02- Sep -2009 26-Aug -2009 26-Aug -2009 09- Sep -2009 26-Aug -2009 02- Sep -2009 19 -Aug -2009 20-Aug -2009 02-Sep-2009 02-Sep-2009 09-Sep-2009 19 -Aug -2009 02 -Sep -2009 26- Aug -2009 26-Aug -2009 09-Sep-2009 26- Aug -2009 09- Sep -2009 Purpose COURIER CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES TRAVEUMILEAGE REFUND DAMAGE DEPOSIT - 5760 E CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES TRAVEUMILEAGE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES GRANT MATERIALS GRANT CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE PAYROLL REMITTANCE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES MATERIALS GRANT MATERIALS Page 8 of 8 Amount 76.58 847.88 7,095.38 32,041.45 517,792.07 75.00 750.00 24.58 49.04 452.58 2,658.90 3,451.06 1,478.19 3,058.12 118.71 91.83 4,967.55 2,603.52 1,703.67 166.11 120.35 32.21 864.36 65.00 28,500.00 4,404.74 1,791,67 500.00 2,787.85 39,516.40 4,147.20 103.66 17,818.95 2,348.95 2,622.70 1,023.75 1,673.05 313.15 4,730.25 36.50 Total 14,934,510.49 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2009 -45 United Church of Canada Transfer to the City Lyon's Creek Cemetery and Right -of -Way Our File No.: 2009 -118 RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND L- 2009 -45 Niagara,FaIls September 28, 2009 cxnxox That Council authorize a Transfer of Part 3 as illustrated on Plan 59R- 14070/30R- 13391, together with a right -of -way over the same plan, from the United Church of Canada to the City of Niagara Falls for the purpose of recording the ownership of, and facilitating the maintenance of, Lyon's Creek Cemetery. Lyon's Creek Cemetery was included in a list as one of several cemeteries that were "taken over" by the City in 1973 by City of Niagara Falls By -law No. 73 -166. The effect of By -law No. 73 -166 was to make Lyon's Creek Cemetery the property of the City of Niagara Falls. However, City ownership was never registered on title to the property. The United Church of Canada is in the process of selling its abutting property to the west of the cemetery and has asked the City to formally register its ownership of the cemetery. The transfer Staff seeks to register will formally record the City's ownership of the cemetery which has been in existence since 1973. In 1973 the City took over several cemeteries as abandoned cemeteries. The Lyon's Creek Cemetery was included in the cemeteries the City took over at that time. The City did so by By -law No. 73 -166. When a City enacts a by -law like By -law No. 73 -166, the cemeteries listed in the by -law are deemed to be the property of the City. Although the Lyon's Creek Cemetery became the property of the City when By -law No. 73 -166 was enacted, the City's ownership was never recorded in the Land Registry system. The City has been maintaining the cemetery since 1973, acting in every way as the owner of these lands. The Lyon's Creek United Church is now in the process of being sold and the Trustees of the Church have requested that the cemetery be put in the City's name to ensure that the cemetery lands are not included in the sale. September 28, 2009 - 2 - L- 2009 -45 The Church agrees that it does not have ownership of the cemetery anymore and would like the City to formally record its ownership in order to ensure that the cemetery lands are not included in the future sale of the Church lands. The cemetery is shown as Part 3 on the attached plan. A right -of -way is required over Part 4 as shown on this plan, in order for the City to have access to maintain the cemetery. The Church is prepared to agree to this conveyance. LIST OF ATTACHMENTS By -law No. 73 -166. Reference Plan 59R- 14070/30R- 13391. Recommended by: Approved by: Respectfully submitted: KB Attachments Ken Beaman, City Solicitor K. E. Burden, ecutive Director, Corporate Services Ken Todd, Chief Administrative Officer A By-law regarding the maintenance, management, regulation, control and taking over of certain Cemeteries. The Municipal Council of The Corporation of the City of Niagara Falls ENACTS AS FOLLOWS: 1. The Cemeteries herein listed shall, according to Section 62 of The Cemeteries Act, R.S.B. 1970, Chapter of Niagara Falls (a) (b) (c) (d) (e) (f) (8) (h) (i) (J) (k) Miller Cemetery Lyons Creek Cemetery Young Cemetery Byer Cemetery Gunder Cemetery Lapp Cemetery Lutz Cemetery Willik Cemetery McCredie Cemetery Miller Cemetery Lundy's Lane -- United Cemetery (1) Lampman Cemetery (m) Dell Cemetery Paased this 9th First Reading: July 9th, Second Reading: July 9th, Third Reading: July 9th, CLERK 1973. 1973. 1973. CITY OF NIAGARA FAILS By -law No. 73 - 166 . 57, be taken over by The Corporation of the City Lot 1 2 10 8 6 1 11 Broken Front 15 11 13 17 Pt. 3 day of Concession 7 4 Broken Front 1, Broken Front 1 3 7 Broken Front Reg. P}aa 653 Pt. 100 Township Plan Pt. 8 Broken Front Welland River July Former Municipality of Crowland Twp. Crowland Twp. Crowland Twp. Willoughby Twp. Willoughby Twp. Willoughby Twp. Willoughby Twp. Willoughby Twp. Willoughby Twp. Willoughby Twp. Village Niagara Falls Stamford Twp. 0.020 Willoughby Twp. 1.000 2. By -law No. 73 -103 passed by City Council on the 14th day of May, 1973 is hereby repealed. , 1973. tAsic ACTING MAYOR Acres 0.005 0.230 0.080 0.029 0.403 0.055 0.057 0.009 0.002 0.057 0.255 I. S e I liy •law Nm. J 73 -166 Passed ..... 4u1I 9Ns 1973' COAPCPATICN CP CITY OP NIAGARA PALLS By. Ism Mo .. 73. 166 A By -law PER regarding the maintenance,management, regulation, control and taking over at certain cemeteries. It7PBOD= BP $ SCE 1 gCt loo _.rp6 RSY ler n 9A IM� (aaana mo erne aav>xns 3. O 4 ,(0 (REFEIIENCE BEARING) lbt °)1 143 4 0 ' r. 300.4C (PP - ntAS) m•o' (04) fax 64261- o24a(LM1) 9 5 Y — e a R • PART 2, 58V4 P.LR. NO. 90445440 PAT 1 PSN. 303.971 w 2 PLAN 59R -7426 64860- 0046(LT) H0. R08000q P.LN. 7 PAN. I GIST. Hz COMM tor maspay 64200- 004.1(1n N0. R0534352 2 3 4 Part of 2 Prt of PART LOT 5 Part Of I 9112' (M • UM) 69.03 6r „ ' ) 4 REGISTRY SCHEDULE CON ON PJ.N. All of 64250 -005 A9 of 64250 - 00520.1) WG Mgt 0.54 Am 0.54 M. 0.Au w AREA 0,41 Aa. ' iii¢ {RHO RUES A May 25. 2008 OANi On tarb land 546.59' L- 2009 -48 Niagara,Falls September 28, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2009 -48 Convention Centre Conveyances from Ontario Realty Corporation and Hydro One Networks Inc. Our File No. 2006 -259 RECOMMENDATION 1. That the City enter into a Licence of Land with Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal ( "ORC "), over the property described as Parts 11, 12, 13 and 17 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 2. That the City enter into an Easement Agreement with Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in right of Ontario as represented by The Minister of Public Infrastructure Renewal ( "ORC "), over the property described as Parts 10, 14, 15, 16 and 18 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 3. That the City enter into a Construction and Encroachment Agreement with Hydro One Networks Inc. over Parts 3, 4, 6, 7, 8 and 9 on Plan 59R -13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 4. That the Mayor and Clerk be authorized to execute each of the aforementioned documents on behalf of the City. EXECUTIVE SUMMARY These conveyances are required to complete the Convention Centre project. 1. The Licence permits the City to enter the Hydro corridor for maintenance purposes. 2. The Easement permits the City to traverse the Hydro corridor to enable vehicles to reach the future parking lot. 3. The Construction and Encroachment Agreement permits the City to cross certain easements controlled by Hydro One Networks Inc. that are situated at the west end of the property, adjacent to the Hydro corridor, to construct the Convention Centre. September 28, 2009 - 2 - L- 2009 -48 BACKGROUND Council will recall that the Convention Centre is to be constructed on property fronting on Stanley Avenue that the City purchased for this purpose. The intended parking lot is situated to the west of the Convention Centre site. The City has leased the parking lot lands from the Region. There is a Hydro corridor between the Convention Centre site and the parking lot lands. There are also certain easements in favour of Hydro One Networks Inc. on the west end of the Convention Centre site. These agreements will permit the City to construct and operate the Convention Centre and parking lot. The work which is currently underway is being facilitated with temporary agreements. ANALYSIS /RATIONALE These agreements are required to complete the Convention Centre as planned. FINANCIAL IMPLICATIONS No taxpayer funds will be used for this expenditure. The expenditure will be met out of funds obtained from Falls Management Corporation, the government of Ontario, the federal government and the Boards of Management of both the Victoria Centre and Fallsview Business Improvement Areas. The total cost of the three transactions will be approximately $700,000.00. Recommended by: Approved by: Respectfully submitted: KB Ken Beaman, City Solicitor urden, Executive Director, Corporate Services Ken Tod # Chief Administrative Officer REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department SUBJECT: MW- 2009 -65 TENDER - MAIN STREET WATERMAIN REPLACEMENT FROM FERRY STREET TO ROBINSON STREET CONTRACT # 2009 - 223 -09 RECOMMENDATION 1. The contract be awarded to the lowest bidder Cotton Inc. at the tendered price of $347,034.80. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The replacement of the existing 100 year old watermain on Main Street is a priority as part of the City's ongoing watermain replacement program, as well as being the first phase of the proposed Public Realm improvements within the Historic Drummondville CIP area. Tenders for this contract were opened on Tuesday, September 22n 2009 and the lowest bid of $ 347,034.80 received from Cotton Inc. is being recommended for acceptance. This project was part of the approved 2009 Capital Budget. BACKGROUND MW- 2009 -65 September 28, 2009 The existing watermain on Main Street was added to the ongoing Citywide watermain replacement program in 2006. Cast iron pipe is in excess of 100 years old and exhibiting poor flow conveyance capacity. By replacing the watermain with a new and larger pipe, an improved level of service will be provided to the customers on the street as well as an overall improvement in the efficiency of the distribution system in the area. Additionally, the improvement of the infrastructure on this section of Main Street is the first phase of a proposed program of Public Realm improvements in the Historic Drummondville Community Improvement Plan (CIP) area. It is planned to issue a tender for the surface works and streetscaping in the spring of 2010. The Tender Opening Committee, in the presence of the Manager of Clerk's Services, Mr. Bill Matson, and the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, September 22n 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and six (6) bids were received. -2- Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). 1. Cotton Inc. 2. O'Hara Trucking & Excavating 3. Nexterra Substructures 4. Centennial Infrastructure 5. Peter's Excavating 6. Alfidome Construction ANALYSIS /RATIONALE The lowest tender was received from Cotton Inc. in the amount of $ 347,034.80. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $ 330,000.00. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within thirty (30) working days of construction start, and no later than the end of the current calendar year. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2009. The total estimated expenditure is $1,220,000, which is to be funded over a two -year period. This contract represents a portion of the total capital project scope, the balance of which will be implemented in 2010. Any required cost adjustments to the total project will be made in the 2010 Capital Budget amount. The recommended expenditure is for the amount of $ 347,030.80 from Account # 12 -3- 320004 - 030000. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. ATTACHMENT 1. Location Plan Recommended by: Approved by: Respectfully submitted: gef -—(14L— Geoff Holman, director of Municipal Works r Niagara Falls St. Catharines Niagara Falls Niagara -on- the -Lake Stevensville Niagara Falls (/ t Ed DujloviExecutive Director of Community Services Ken Todd, Chief Administrative Officer K. Schachowskoj SAREPORTS120091MW- 2009 -65 - Tender 2009 - 223 -09 Main St Watermain Replacement.wpd $ 347,034.80 $ 361,025.00 $ 360,855.00* $ 376,030.00 $ 387,105.00 $ 394,490.00 $ 419,463.00 FUNDING SOURCE Transfer from Operating Development Charges Provincial /Federal Grants External Contributions 2009 BUDGET $884,000 $ 36,000 $100,000 $200,000 PROGRAM /PROJECT: MAIN STREET WATERMAIN AND STREETSCAPING 2009 BUDGET: $9, PROGRAM /PROJECT DESCRIPTION: Watermain Replacement and Streetscaping. on Main Street from Ferry to Robinson Street. REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND 5. Alfidome Construction 6. O'Hara Trucking & Excavating His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Community Services Department MW- 2009 -74 September 28, 2009 MW- 2009 -74 River Lane, Otter Street and River Road - Road Reconstruction & Underground Services 1. The contract be awarded to the lowest bidder Peter's Excavating at the tendered price of $926,389.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. River Lane has been identified by Municipal Works staff as requiring sewer upgrading and watermain replacement. It was determined during the design phase that the least costly method of draining the River Lane catchment area was to outlet at the existing drain located near the intersection of River Road and Seneca Street. Tenders for this contract were opened on Tuesday, September 22n 2009 and the lowest bid of $ 926,389.00 received from Peter's Excavating is being recommended for acceptance. This project was part of the approved 2009 Capital Budget. The Tender Opening Committee, in the presence of the City Clerk's representatives Mr. Ray Miller, Manager of Supply & Services and Mr. Bill Matson, Manager of Clerk's Services opened tenders on Thursday, September 22, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown bold and marked with an asterisk ( *). 1. Peter's Excavating 2. Centennial infrastructure 3. Nexterra Substructures 4. Demar Construction Stevensville Niagara -on- the -Lake Niagara Falls Niagara Falls Niagara Falls St. Catharines $ 926,389.00 $ 1,044,649.50 $ 1,099,615.95 $ 1,099,894.59 * $ 1,099,889.15 $ 1,416,357.30 $ 1,607,942.80 September 28, 2009 FINANCIAL IMPLICATIONS The City has applied for and received approval for funding from the Region of Niagara under the Combined Sewer Overflow /Map program in the amount of $300,000. This work was included in the approved Municipal Works Capital Budget for 2009. The total budgeted expenditure is $1,074,484.00 which is to be funded over a two -year period. This contract represents a portion of the total capital project scope, the balance of which will be implemented in 2010. Any required cost adjustments to the total project will be made in the 2010 Capital Budget amount. The recommended expenditure is for the amount of $ 926,389.00 from Account # 12 -3- 310055- 030000. ANALYSIS /RATIONALE The lowest tender was received from Peter's Excavating in the amount of $ 926,389.00. This contractor has performed similar type projects in the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $1,100,000.00. Analysis of the number and the content of the bids received indicates fairly strong competition at this time for capital projects of this type and size. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. CITY'S STRATEGIC COMMITMENT Implementation of the Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. ATTACHMENT 1. Location Plan Recommended by: Approved by: Respectfully submitted: Chuck McLeod S:\REPORTS12009\MW- 2009 -74 Tender 2009- 175-06 - River Lane.wpd -2- MW- 2009 -74 Geoff Holman, Director of Municipal Works c Ed Dujlovic, Exebiitive Directorof Community Services g ot Ken Todd, Chief Administrative Officer PROGRAM /PROJECT: RIVER LANE IMPROVEMENTS PROJECT 2009; BUDGET: PROGRAM /PROJECT DESCRIPTION: River Lane Reconstruction, New Storm Sewer along Otter Street and River Road FUNDING SOURCE Transfer from Operating External Contributions $1,074,484 2009 BUDGET $ 648,864 $ 300,000 NM NMI !BM Niagaraftrlls rn.� aun Ni agarafalls CAN ;04 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Parks, Recreation & Culture SUBJECT: PRC- 2009 -29 2009 Sports Wall of Fame Inductees RECOMMENDATION 1900 -1970 Era: Names Category Sport N.F.C.V.I. Sr. Boys Basketball Teams, 1951, 52 & 53 Team Basketball Louis Ceccato Athlete Boxing Stamford Collegiate Girls Jr. Basketball Teams 1964, 65 & 66 Team Basketball 1991 - Present Era: Names Category Sport Brad Rootes, Michael Kemp and Dustin Bianchin Athlete Basketball *Automatic Inductee PRC- 2009 -29 September 28, 2009 That Council approve the 2009 Sports Wall of Fame Inductees for the January 17, 2010 Induction Ceremony. EXECUTIVE SUMMARY The Inductees are listed below and a brief description of their achievements is attached. 2009 Sports Wall of Fame Inductees: 1971 -1990 Era: Names Category Sport Danny D'Addio Athlete Marathon Running Ray McGibbon Builder Boxing Ralph Scholz* Athlete Football September 28, 2009 - 2 - PRC- 2009 -29 BACKGROUND For the past twenty years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. This special recognition is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather program sponsors to cover the cost of the program and the reception. The Sports Wail of Fame Committee reviewed the Nomination Forms submitted and selected the above - listed Nominees for Induction to the 2009 Niagara Falls Sports Wall of Fame. Council's support and approval of the selections are respectfully requested. CITY'S STRATEGIC COMMITMENT The City's Parks, Recreation & Culture has a commitment to provide optimum leisure services delivery in the City of Niagara Falls which enhances the quality of life, health and well -being of our people, our communities, our environment and our economy. The objective of the Niagara Falls Sports Wall of Fame is to honour and perpetuate the names and deeds of those individuals and teams whose athletic abilities have brought fame to themselves and their community, and of those individuals whose interest in and work for sport has resulted in a climate which benefited athletes and athletics. LIST OF ATTACHMENTS ► 2009 Sports Wall of Fame Inductees Achievements • Definition of Automatic Induction Recommended by: Approved by: Respectfully submitted: LA Attachments b ey Denyse Morrissey Director of Pa s, Recreation & Culture Ed Dujlovic, Executive Director, Community Services Ken Todd, Chief Administrative Officer V:12009000NCIL12009 09 281PRC- 2009 -29 - 2009 Sports Wall of Fame Inductees.wpd Name Category/Sport Short Bio Danny D'Addio Athlete /Marathon Running • Top Canadian Finisher in the Masters Division, World Marathon Championships in Berlin, Germany, 1980 • First Place in the Masters Division in Skylon International Marathon, 1980 Ray McGibbon Builder /Boxing • Started the Niagara Falls Boxing Club in the late 1970's • Part of the 1983 and 1984 Ontario Boxing Championships, where the Niagara Falls Boxing Club won the trophy for the most outstanding team winning numerous Medals • Coached many boxers who became Ontario and Canadian Champions and Olympians. • Formerly a boxer; McGibbon boxed in Madison Square Gardens and Maple Leaf Gardens; 1946 Golden Glove Finalist Ralph Scholz (Automatic) Athlete/ Football • Offensive Lineman at A.N. Myer; • Cornell University scholarship; Ivy team in 1983 • Selected to play professional football with Hamilton • 1984 -1990 four Grey Cup Finals; 86' Grey Cup Championship; Voted to CFL All -Star Teams in 1988 & 89 Name Category/Sport Short Bio N.F.C.V.I. Sr. Boys Basketball Teams 1951, 1952, & 1953 Team /Basketball • In 1951, 1952, and 1953, the team won the Ontario Interscholastic Senior Basketball Championship three years running. (All Ontario OFSAA Winners) Louis Ceccato Athlete /Boxer • Golden Glove Champion /Referee /Promoter • 1958 Managed Ontario Boxing Team • 1947 Niagara Falls Dynamo Football Team - Coach • Won the Intermediate "B" Ontario Championship Stamford Collegiate Girls Basketball Teams, 1964, 1965, & 1966 Basketball/Team • Team formed in 1964, after winning the Ontario Church League Championship • Won more than 50 consecutive games, with the help of Coach Marg Newton • Zone IV Champions 1964, 1966, 1968 • Southern Ontario Champions 1964, 1965, 1966 Name Category/Sport Short Bio Brad Rootes, Michael Kemp and Dustin Bianchin "120 Athlete/ Basketball • Canadian Interuniversity Sport (CIS) Men's Basketball National Championship 2007 -2008 • Brock University Basketball Team • Brad Rootes named a conference All -Star for five seasons 1900 -1970 Era 1971 -1990 Era PRC- 2009 -29 Attachment #1 2009 Sports Wall of Fame Inductees Selections 1991 - Present Era 09COUNCIL12009 09 281PRC 2009 -29 Attachment #1 - 2009 SWOF Inductees Achievements.wpd PRC- 2009 -29 Attachment #2 2009 Sports Wall of Fame - Definition of Automatic Induction *Automatic Induction - Definition: (from Sports Wall of Fame Constitution) a) Any Niagara Falls athlete or team who wins an Olympic medal (gold, silver, bronze). b) Any Niagara Falls athlete or team who finishes first, second or third in any international championship sanctioned by the I.A.F. (International Athletic Federation) and/or is considered acceptable by the Sports Wall of Fame Committee. c) Any Niagara Falls athlete who wins a Canadian championship in a non -team discipline, in an unrestricted age category, and sanctioned by a governing body affiliated with Sport Canada and /or is considered authentic by the Sports Wall of Fame Committee. d) Any Niagara Falls team who wins a Canadian Championship or Ontario Championship (during the years 1900 to 1950 only) sanctioned by a governing body affiliated with Sport Canada and is considered authentic by the Sports Wall of Fame Committee V:12009000NCIL12009 09 281PRC- 2009 -29 - Attachment #2 - Automatic Induction Definition.wpd PD- 2009 -73 Niaga ra,FAdls September 28, 2009 CANADA REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The proposed condominium can be supported based on the following: the application complies with both City and Regional planning policies; and the requested conditions of approval will address all zoning, site plan and development requirements. BACKGROUND Proposal His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning & Development PD- 2009 -73 26CD -11- 2008 -11, Draft Plan of Condominium (Standard) 6515, 6483 & 6473 McLeod Road (North Side), West of Dell Ave. Owners: 2100851 Ontario Inc. (Domenic DiLalla), 1473944 Ontario Limited (Domenic DiLalla) & Marc Pingue The applicant proposes to registera condominium plan for the 5- storey apartment building containing 64 units that is currently under construction. The subject land is located on the north side of McLeod Road, west of Dell Avenue, and is comprised of three properties known as 6515, 6483 & 6473 McLeod Road, as shown on Schedule 1. The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e.g. September 28, 2009 - 2 - PD- 2009 -73 driveways, visitor parking, landscaped areas) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. ANALYSIS /RATIONALE Planning Process This development has proceeded through previous planning approvals and consultation with the public. In 2000, Council passed By -law No. 2000 -182 (File AM- 19/2000) to permit the development of a 54 unit apartment building on the west portion of the site known as 6515 McLeod Road. The City's Committee of Adjustment granted variances to zoning requirements in 2006 (File A- 22/2006) to allow 3 more apartment units (total 57) and increase the height of the building. A Site Plan Agreement (File SPC- 15/2006) was registered on title in April 2007. Construction of the apartment building was initiated in June 2007 under these approvals. In December2007, Council approved an application (File AM- 28/2007) to add 3 more units to the apartment building under construction at 6515 McLeod Road (total 60) and expand the overall project onto abutting land to the east (6483 & 6473 McLeod Road) for a separate 3 storey building with 12 units. These three parcels of land are now zoned Residential Apartment 5B Density (R5B -813) through Zoning By -law No. 79 -200 as amended by site specific By -law No. 2008 -29. This zoning permits a maximum of 72 apartment units on the entire site. During the construction process, revisions to the interior of the apartment were made to include an additional 4 units (total 64) within the existing building - this is permitted through zoning. However, the additional units increase the required parking on the developed portion of the land and as such the site plan agreement needs to be amended to reflect existing conditions. Variances to the zoning by -law are required to the side yard setback for the northeast corner of the building and for desired changes to front yard screening. The Committee of Adjustment is scheduled to consider application A- 2009 -027 in this regard on September 29, 2009. The project has been designed for compatibility with surrounding land uses, contributes to the mix of available housing types in the area and has the potential to provide affordable housing. Since an additional 4 units were provided in the building under construction, the potential remains for an 8 unit apartment building on the parcels known as 6483 & 6473 McLeod Road under the current zoning approval. The developer is considering a zoning change to separate the existing and future apartment buildings to permit more flexibility and facilitate the registration of the proposed condominium plan. This approach is recommended by staff and would require a separate rezoning application and further public consultation. Conditions of Approval The majority of development issues have or will be addressed through the zoning and site plan approval and the pending revisions. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished. The existing dwellings (6483 & 6473 McLeod Road) need to be September 28, 2009 removed to comply with the site plan and allow the registration of the condominium. Cash - in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act - this payment applies to the 6515 McLeod Road parcel only as a land dedication was previously made for the subdivision containing the other two Tots. A condition is requested for the planting of boulevard trees within the City road allowances abutting the development. The designation of a fire access route through the site is also a condition of approval. The Region requests that warning clauses be included in the Condominium Agreement and in all Agreements of Purchase and Sale or Lease to advise future residents of potential traffic noise from McLeod Road and that private garbage pick- up must be provided for the condominium. In addition, the Region requests conditions of approval related to construction permits and the protection of survey evidence. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. This project is a new apartment complex with the potential for a second apartment building. LIST OF ATTACHMENTS ► Appendix - Conditions of Draft Plan of Condominium Approval ► Schedule 1 - Location Map ► Schedule 2 - Draft Plan of Condominium Recommended by: Approved by: Respectfully submitted: - 3 - PD- 2009 -73 1 Alex Herlovitch, Director of Planning & Development Ed cujlovic, x utive ' Director, Community Services Ken Todd, ief Administrative Officer R.Wilson:mb Attach. S:1PDR120091PD- 2009 -73, Draft Plan of Condominium, 6515 McLeod Road, Bellagio.wpd September 28, 2009 - 4 - PD- 2009 -73 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the 6515 McLeod Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated September 8, 2009, showing an apartment building containing 64 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. Final approval from the City's Committee of Adjustment for variances to the zoning by -law requirements for interior side yard width (northeast corner) and decorative wall /landscaped strip or landscaped berm in the front yard (File A- 2009 -027). 5. Removal of the two existing dwellings (6473 & 6483 McLeod Road) located on the east portion of the property. 6. The developer provide information to Planning & Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 7. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the 6515 McLeod Road parcel. 8. The developer either pay the City $1500.00 for the planting of 6 boulevard trees abutting the subject land, or plant the appropriate trees to the City's satisfaction. 9. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 10. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: "Purchasers/Tenants are advised that due to the proximity of McLeod Road, noise levels due to road traffic may exceed the Ministry of the Environment's noise criteria and occasionally interfere with some activities of the dwellings occupants." 11. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: September 28, 2009 - 5 - PD- 2009 -73 12. The developer obtain a Regional Construction Encroachment permit prior to any construction taking place within the Regional road allowance. 13. The condominium agreement contain a clause whereby the developer agrees to obtain a certificate from an Ontario Land Surveyor that confirms all existing and new survey evidence is in place at the completion of the development. 14. The developer provide five copies of the pre- registration plan for the condominium to Planning & Development. Clearance of Conditions "Purchasers/Tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Region; therefore, waste collection will be provided by the condominium corporation through a private contractor." Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 10, 11, 12 and 13 September 28, 2009 - 6 - SCHEDULE 1 Proposed Plan of Condominium (Standard) 6515, 6483 & 6473 McLeod Road (Bellagio) 26CD -f 1- 2008 -11 Subject Land r PD- 2009 -73 September 2009 September 28, 2009 - 7 - SCHEDULE 2 .I1rvlxiags td. 9 -. )r N x301 tax. 80N&SY mci ,1Y11x30?se x. fry • S • i � Y 1 1 I 1 r i 1. i I PD- 2009 -73 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 79 -200, to permit a used car lot, recognize the existing building and lot configuration and to reduce landscaped open space and road widening requirements. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations goveming the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted by the LI zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 19.5 metres (b) Minimum lot area 1600 square metres (c) Minimum front yard depth 10 metres plus 13.1 metres from the centre line of the original street allowance of Thorold Stone Road (d) Minimum interior side yard width 2 metres (e) Minimum landscaped open space 5% of the lot area, including a 4.5 metre wide Landscaped open space strip, along and adjacent to the front lot line, prior to any part that may be required to be dedicated for the purpose of road widening 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -2- 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet C3 of Schedule "A" of By -Iaw No. 79 -200 by redesignating the Lands from GI to LI and numbered 883. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.883 Refer to By -law No. 2009 - Passed this twenty- eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009 September 28, 2009 September 28, 2009 S:IZONINO\AMS120091BY -LA WS \Byamo 13.wpd SCHEDULE 1 TO BY -LAW No. 2009 Subject Land A 1 111111 111 0 THOROLD STONE RD 19 43, • VIRGINIA ST Min mon Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 77 Stamford As In R0666909; Niagara Falls Applicant: 547554 Ontario Limited Assessment #: 272504000413800 K:\GIS_ Requests\ 2009\ Schedules \ZoningAM\AM- 13 \mapping.map 1:NTS AM- 2009 -013 September 2009 2. Repeal By -law 2008 -31 First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -Law No. 2009- A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161, is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule "A" to this amending by -law, being the Schedule of Water Rates, Sewer Rates, Fees and Charges. Passed this twentieth- seventh day of April 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR 1. Service charges: 15 mm meter $ 23.09$ 21.99 monthly 18 mm meter $ 23.09$ 21.99 monthly 25 mm meter $ 23.09$ 21.99 monthly 37 mm meter $ 69.28$ 65.98 monthly 50 mm meter $ 138.56$ 131.96 monthly 75 mm meter $ 277.11$ 263.91 monthly 100 mm meter $ 508.03$ 483.84 monthly 150 mm meter $969.89 $ 923.70 monthly 200 mm meter $1,731.93$1,649.46 monthly 250 mm meter $2,424.70$2,309.24 monthly 2. Water rates: After Before Due Date Due Date 3. Flat rates for a private water service not metered by choice or other determination of the City: 5. Billing period: Minimum of one month. 6. Service deposits: Schedule "A" SCHEDULE OF RATES, FEES AND CHARGES After Before Due Date Due Date $ 0.7982 $ 0.7602 per cubic metre After Before Due Date Due Date $ 47.04 $ 44.80 monthly includes 30m3 of usage 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date $ 141.12 $ 134.40 monthly 3 x the rate Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: Schedule "A" (a) Service charge as set out in section 1: (b) Water rates as set out in section 2: (c) Flat rates as set out in sections 3 and 4• 8. Charge for Installation of Water Service: (a) 3/4" Service: $1,650.00 (b) Over 3/4" Service Actual cost - Deposit required based on estimated costs. 9. Charge for shutting off or turning on supply of water: (a) During normal working hours: $ 55.00 (b) Outside normal working hours: $ 165.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4.00 p.m. 10. Charge for meter removal or reinstallation: (a) During normal working hours: (b) Outside normal working hours: 11. Charge for Testing Meter Consumption: 12. Bulk carrier rate for City stand -pipe: (a) For Water $ .95 per cubic metre Cost plus 25% (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. (c) Bulk water card purchase 90.9% 126.4% 108.9% $ 40.00 per hour /per city employee $ 100.00 per hour /per city employee At cost with a deposit of $75.00 $15.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $22.00 Schedule "A" 15. Charge for meter purchase to be paid at building/sewer permit issuance. 5/8" positive displacement water meter & costs $ 193.47 5/8" x 3/4" positive displacement water meter & costs $ 193.47 3/4" positive displacement water meter & costs $ 225.69 1" positive displacement water meter & costs $ 303.92 1.5" positive displacement water meter & costs $ 581.36 2" compound water meter & costs $ 2,267.61 3" compound water meter & costs $ 3,140.64 4" compound water meter & costs $ 4,470.57 5" compound water meter & costs $ 8,131.02 4" protectus compound water meter & costs $ 8,135.67 6" protectus compound water meter & costs $10,045.94 8" protectus compound water meter & costs $13,655.54 THE CORPORATION OF THE CITY OF NIAGARA FALLS 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, Stop Signs at Intersections) 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) COLUMN 1 HIGHWAY Forest Glen Drive Glenoaks Avenue Glenoaks Avenue Queen St. by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 2 COLUMN 3 SIDE BETWEEN South East West South BY -LAW Number 2009 - Glenoaks Avenue and a point 85 metres east of Glenoaks Avenue Forest Glen Drive and Thorold Stone Road Forest Glen Drive and Thorold Stone Road A point 19 m West of Ontario Ave. and a point 46 m West of Ontario Ave. COLUMN 4 TIMES OR DAYS Monday to Friday 8:OOam to 4:OOpm At all times Monday to Friday 8:OOam to 4:30pm At any time -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 Forest Glen Drive South Glenoaks Avenue and Oakridge Drive 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 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 Queen Street South Ontario Avenue and a point 46 metres At All Times west of Ontario Avenue (3) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Harvard Avenue & Wiltshire Boulevard Northbound on Harvard Avenue This By -law shall come into force when the appropriate signs are installed. Passed this twenty- eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: September 28, 2009 Second Reading: September 28, 2009 Third Reading: September 28, 2009 COLUMN 4 TIMES OR DAYS CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to authorize the execution of a Licence of Land with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, for maintenance purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence of Land made between Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in Right of Ontario as represented by The Minister of Public Infrastructure Renewal as Licensor, and The Corporation of the City of Niagara Falls as Licensee, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, for maintenance purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence of Land. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence of Land. Passed this twenty- eighth clay of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009. September 28, 2009. September 28, 2009. BETWEEN: RECITALS: LICENCE OF LAND ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL (hereinafter called the "Licensor') - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Licensee ") A. Her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls, in the Regional Municipality of Niagara, described as Part of Lots 14 & 15, Registered Plan 41, Part of Ranges 1 through 6, Registered Plan 1, and Part of Stamford Township Lots 160 and 173, City of Niagara Falls and further described as Parts 11, 12, 13 & 17 on Deposited Reference Plan 59R -13628 attached hereto as Schedule "A" (hereinafter referred to as the "Lands "). B. The Licensee acknowledges that the fee simple interest in the Lands was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended (the "Act ") and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc. has the right to use the Lands to operate a Transmission System or Distribution System. C. Her Majesty the Queen in right of Ontario confirms that an authorized signing officer of Ontario Realty Corporation ( "ORC ") has the authority to execute this Licence on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of Ontario and ORC are and shall be bound by all the Licensor's covenants, representations and warranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Lands, together with all existing facilities of ingress and egress for the Lands, for maintenance purposes only, permitting the Licensee to aesthetically maintain the Lands to complement the adjacent lands being the proposed Niagara Convention & Civic Centre (hereinafter the "Use "). IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and Licensee hereto agree as follows: 2 Definitions: 1. As used in this Licence, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi - governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Lands, or the use thereof. (b) "Business Day" means any day on which the Government of Ontario normally conducts business. (c) "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Distribution System located on the Lands. (d) 'Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarttm and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs),hydro- chlorofluorocarbons (IICFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Licensee" includes the successors and permitted assigns of the Licensee. (f) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Realty Corporation and the successors and permitted assigns of the Licensor. (g) "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, mortgagee, grantee, security holder or other person including any competent authority. (h) "Transmission System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Transmission System located on the Lands. Grant of Licence, Term and Fees 2. The Licensor hereby grants permission to the Licensee, on a non - exclusive basis, to use and be responsible for maintaining the Lands together with all facilities of ingress and egress for the purpose of the Use for a term of five years commencing on the 1" day of May, 2009 (the "Term "), and subject to the terms and conditions set out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. 3. For the permission granted herein, the Licensee shall pay to the Licensor a Licence Fee in the nominal sum of two dollars ($2.00) for the first five year' period of the said Term and an amount to be determined by the Licensor at or before the commencement of any subsequent period. The Licensee shall also pay to the Licensor an Engineering/Review Fee of fifteen hundred dollars ($1,500.00) plus GST for technical review costs upon execution of this agreement. 4. (a) The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the term of this Licence or any extension thereof, an amount equal to one hundred percent (100%) of the amount which the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of annual realty taxes or grants and/or payments in lieu thereof applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. (b) The Licensee shall also pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein and attributable to the Use. 5. The Licensee agrees that at the Licensor's option, the method of payment for the Licence Fee shall be by Pre- Authorized Debit Payment directly to the Licensor's bank account as specified from time to time (as applicable), and further the Licensee shall provide, in addition to this agreement (where required), a duly executed Payor's Authorization for Pre- Authorized Debit form containing all required information to initiate this method of payment for the Term of this Licence and any renewals thereof. 6. The Licensee shall pay GST on any and all payments, if required by law. 7. If the Licensee overholds after the expiration of the Tenn of this Licence and the Licensor thereafter accepts the Licence Fee for the said period of overholding, the Licensee shall hold the Lands as a monthly tenant only, at a rate equal to 125% of the Licence Fee payable during the last month (or last year whichever is applicable) of the Term but subject in all other respects to the terms and conditions of this Licence and the Licence shall be terminable by the Licensor on thirty (30) days prior written notice. Use of Lands 8. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 9. (a) The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all Ieases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Licensor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. (b) For the sake of clarity, and in no way limiting anything in clause 9(a), the Licensee explicitly acknowledges and agrees that Hydro One Networks Inc. has first priority to use the Lands for the purposes of transmission and/or distribution and that this Licence is subordinate to that prior and primary right of Hydro One Networks Inc. 10. The Licensee acknowledges that no representations or warranties have been made by the Licensor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Lands or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Licensee acknowledges that the Lands are licensed on an "as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the Tenn of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. 11. If any part of the Lands is used for parking purposes for motor vehicles of any kind, or for vehicular access, pedestrian pathways or crossings associated with the adjacent lands on either side (being the proposed Niagara Convention & Civic Centre) then this Licence will become null and void and the use of the Lands will be subject to new documentation and renegotiation of the Licence Fee. Licensee's Covenants 4 12. The Licensee shall, except in the case of emergency, before commencing any work authorized by this Licence or intended so to be, give to the Licensor 3 consecutive Business Days prior written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Licensor and/or Hydro One Networks Inc. may have its /their representatives present, for whose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 13. The Licensee shall comply With all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders that relate to the Lands, the Licence or the exercise of any of the rights or obligations in the Licence herein granted. 14. The Licensee shall comply with the design standards of Hydro One Networks Inc , Canada Standards Association Standard C -22.3, the "Safety Rules and Standard Protection Code" of Hydro One Networks Inc , The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 15. The Licensee shall not permit on the Lands, at any time during the Term of this Licence or any extension thereof the presence of any Environmental Contaminant, except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. 16. The Licensee shall not in any way use or trespass on any Licensor's lands adjoining the Lands. 17. The Licensee shall not pile snow on the Lands or any of the Licensors lands adjoining the Lands. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 18. The Licensee, at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by -law. 19. The Licensee shall properly maintain the Lands on a year -round basis and provide suitable drainage and designate areas within the Lands for access, ingress and egress, all at its own expense, in order to properly maintain and operate the Lands for the Use. 20. The construction or location of all improvements and structures and the grading, landscaping and planting of trees or shrubs on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. 21. In the event the Licensor considers it necessary that fences or barriers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 22. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or of the Licensor's Permittees, or to the Transmission System or Distribution System of 5 Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any maintenance vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. 23. (a) The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. Upon termination of this Licence, the Licensee at its own expense shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfactory to the Licensor, unless notified in writing by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without cost. Default (b) 24. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Licensor may terminate this Licence without any further notice. 25. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Licensor may have hereunder or at law. 26. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment. of any amount due hereunder, the Licensor may provide written notice to the Licensee specifying the default, and if the default is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may terminate this Licence immediately upon the expiration of the ten (10) day period aforesaid without any further notice. 27. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third parties, the Licensor may perform any such work, repairs, or other obligations of Licensee or make any payments due or claimed to be due by the Licensee to third parties, and without being in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's rights pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter or Terminate 28. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. acting reasonably, the Licensor may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. (b) 6 29. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to their authority may at any time upon twenty -four hours' prior written notice to the Licensee or at any time without notice in case of emergency enter on the Lands and inspect, operate, maintain, repair, re- arrange, add to, upgrade, reconstruct, replace, relocate and remove any of the Licensor's works or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new works or equipment or new Transmission System or Distribution System as the Licensor or Hydro One Networks Inc. determines necessary or desirable subject only to abatement of the Licence Fee during the period of physical occupation by the Licensor, Hydro One Networks Inc. or any one acting pursuant to their authority for the aforesaid purposes to the extent that possession and enjoyment of the Lands by the Licensee for its business purpose were interfered with or disturbed during such period of occupation. The Licensor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Lands. 30. Despite anything to the contrary in this Licence and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or in part as the case may be, if (a) the Licensor considers all or any portion(s) of the Lands to be necessary or desirable from time to time for the works of the Licensor or the Licensor's Permittees or the Transmission System or Distribution System of Hydro One Networks Inc.; or (b) the Licensee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Licensee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Licence Pee payable hereunder. 31. If the Licensor delivers notice of termination pursuant to clause 30 above, then all or such portion of the Lands suitable for existing or contemplated works of the Licensor or the Licensor's Permittees or for the existing or contemplated Transmission System or Distribution System of Hydro One Networks Inc shall be deemed deleted from this Licence effective on the date set out in such notice (the `Effective Date ") and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Lands or such specific area(s) on or before the Effective Date in the manner set out in clause 23 herein. Without prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the Licensee's use of the Lands for the Use. Indemnity and Release 32. (a) All persons and property at any time on the Lands shall be at the sole risk of the Licensee, and neither the Licensor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Licensee releases both the Licensor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this 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 Licensor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom the Licensor is responsible in law and Hydro One Networks Inc. and its affiliates and their respective successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro One Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. The Licensee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury arising from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and Hydro One Networks Inc as provided herein. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Public Infrastructure Renewal and ORC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Term and any extension thereof. 33. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns, hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc., and each of their respective successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (b) (c) 7 agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. Assignment 34. The Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. General 35. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if 8 applicable, respectively. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 36. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the tetras, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 37. The Licensee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensor, with the Licence or the exercise of any of the rights or obligations of the Licensee hereunder. The Licensee shall disclose to the Licensor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Licensee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Licence. • 38. Where this Licence requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Licensor, to it in care of Ontario Realty Corporation 1l Floor Ferguson Block, Queen's Park 77 Wellesley Street Toronto, Ontario. M7A 2G3 Attention: Patrick Grace — General Manager, Hydro One Service Delivery Telephone: (416) 327 -2959 Telecopier: (416) 327 -3942 and, in the case of notice to the Licensee, to it in care of: The City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Ken Beaman, City Solicitor Telephone: 905- 356 -7521 Telecopier: 905- 357 -9293 39. The provisions of this Licence shall be binding upon and enure to the benefit of the Licensor and the Licensee. 9 40. No interest in the Lands is being conveyed by the granting of this Licence and the Licensee shall not register the Licence or any notice in respect thereof on title without the prior written consent of the Licensor, which consent may be arbitrarily withheld. 41. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attom to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. IN WITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at Niagara Falls, this 28th day of September 2009. Ontario, THE CORPORATION OF THE CITY OF NIAGARA FALLS Per Name: R. T. (Ted) Salci Position: Mayor Per: Name: Dean Iorfida Position: City Clerk UWe have authority to bind the Corporation. Signed by the Licensor at this day of 2009. ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Title: I have authority to bind the Corporation. r PORT 5, PUN 59142 wtx can -010{4) PART 5 -PART1 PLAN 59R 4201 PART 1 PLAN 51410`745 w1. 0.^1 m DETAIL T not b scale <catax.1 +1.P"..5 borax tow,,sue 0005 6.4 8, MR-440 PART 1, PLAN 59R -11609 URN PART IS H O 4 PART 1, 7' 7 PLAN 5N104741 1, PUN 59R -12433 7 r 0 PART 7, PLAN 59R -4211 PART 1 PLAN SN104745 u 444-4 x • L. PART b Dianna J DETAIL "9 not N scale 8678 DETAIL - A' • nut is R PLAN 59R -1-1 1609 OW - no Io PART 5, P N 514104741 PARTt2 PART 5. PLA 50R -12453 tta x2317// fl17st1 6567 PAR7 L 9.'144740 PAP P AN 59' 4201 SN1.4745 .I.B. 505614014 !07 - PI 44374,17.(411 tea 44 2 s VS 4 44 Onte4e 444. Pst el 100 lbet A804£ - no uPPe /00011 n N000 -4 a w Mr. 84 :n00780�,p Oa Stanle Avenue Regional Road No. 02 nrt . 9P3495 a4(014160 Na1LY mm, RAH ,.,.......0.a M WM. 111:40t 174 , 1, snow, 7. 0500 no .5nnr1P Pm N 443+1401004040 a n,"• 2045 N r ..1 . 043 +..01700.11 Rvn 444 0 c i FLAN 59R162L sitp 9fl1C Nnn _ g74RIN4 N,f1P w., IVE 5R 5a5.& 44, 4000,x. 31047n r * 1 O rx wv4505 v'iw" PLAN 44 ARMY Of PART OF RANGES 1, 2, 3, 4, 5 & 6, PART OF THE ONTARIO HOUSE LOT REGISTERED PLAN 1 and AU. OF LOTS 14 & 15, REGISTERED PLAN 41 and PART OF STANFORD TOWNSHIP LOTS 160 & 173, City of Niagara Falls REGIONAL MUNICIPALITY OF NIA05286 1 MUM Kit) - 1981400086 - 5URVFYOR'C cfnrlr rAR Q MI 444 44,4 444 4,44 MC CONIEC ribme.x . 10. 41 Web Lethflowpr L xr j4 1 a �7rrw ae wppw�� sb Y 4e. � 5nese I 357-00 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to authorize the execution of a Grant of Easement with Ontario Realty Corporation, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, to enable vehicles to reach the future parking lot. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Grant of Easement made between Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen in Right of Ontario as represented by The Minister of Public Infrastructure Renewal as Transferor, and The Corporation of the City of Niagara Falls as Transferee, respecting the use of the Hydro corridor adjacent to the Convention Centre lands, to enable vehicles to reach the future parking lot. 2. The Mayor and Clerk are hereby authorized to execute the said Grant of Easement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Grant of Easement. Passed this twenty- eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009. September 28, 2009. September 28, 2009. RECITALS SCHEDULE "A" GRANT OF EASEMENT 1. her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls, in the Regional Municipality of Niagara, described as Part of Range 1, Registered Plan 1 and Part of Stamford Township Lot 160, now City of Niagara Falls, also described as Parts 10, 14, 15, 16 & 18 on Deposited Reference Plan 59R-1 3628 (hereinafter referred to as the "Servient Tenement "). 2. The Transferee acknowledges that the fee simple interest in the Servient Tenement was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.20) of the Electricity Act, 1998 S.O. 1998, c.15, Sched. A., as amended (the "Act ") and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc. has the primary right to use the Servient Tenement to operate a Transmission System or Distribution System. 3. The Transferee is the owner in fee simple of certain lands located in the City of Niagara Falls, in the Regional Municipality Niagara, described as being Part of Ontario House Lot and Part of Range 1, Registered Plan 1, and Part of Stamford Township Lot 160, now City of Niagara Falls, also described as Parts 1 through 9 on Deposited Reference Plan 59R -13628 (hereinafter referred to as the "Dominant Tenement "). 4. Her Majesty the Queen in right of Ontario confirms that an authorized signing officer of Ontario Realty Corporation ( "ORC ") has the authority to execute this grant of easement (the "Grant of Easement ") on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of Ontario and ORC are and shall be bound by all the Transferor's covenants, representations and warranties provided herein. 5. The Transferee has offered to purchase for consideration a non - exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the purposes of a vehicular access road across the existing HONI transmission corridor, allowing access to proposed parking areas at the rear of the proposed Niagara Convention & Civic Centre to Stanley Avenue (the "Purpose ") and for the installation of improvements, appurtenances or accessories thereto (hereinafter referred to as the "Works "). 6. The Transferee acknowledges that its right, interest and easement as granted hereby is subject and subordinate to the right of Hydro One Networks Inc. pursuant to the Act. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Transferor and Transferee hereto agree as follows: DEFINITIONS: 1. As used in this Grant of Easement, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi - governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Servient Tenement, or the use thereof. (b) "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Grant of Easement includes any pan of a Distribution System located on the Servient Tenement. (c) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, (f) asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (d) "Transferee" includes the successors and permitted assigns of the Transferee. (e) "Transferor" includes Her Majesty the Queen in right of Ontario, Ontario Realty Corporation and the successors and permitted assigns of the Transferor. " Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, pemmittee, mortgagee, security holder or other person including any competent authority. (g) "Transmission System" shall have the same meaning as defined in the Act and for the purpose of this Grant of Easement includes any part of a Transmission System located on the Servient Tenement. 2. Grant of Easement: The Transferor hereby transfers to the Transferee, a non- exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the Purpose and subject to the terms and conditions set out in this Grant of Easement, including, without limiting the generality of the foregoing, those terms and conditions dealing with termination rights, for a perpetual term commencing on the date of registration of the Grant of Easement (hereinafter referred to as the "Term ") and subject to the terms and conditions set out herein, including, without limiting the generality of the foregoing, those teens and conditions dealing with termination rights, and which the Transferee hereby accepts and agrees to perform and abide by. 3. Consideration: For the rights, interest and easement granted herein, the Transferee has paid to the Transferor an Easement Fee in the sum of Six Hundred and Sixty -One Thousand and Fifty dollars ($661,050.00) plus Goods and Service Tax (hereinafter referred to as "GST"). 4. Additional Taxes, Grants, Rates, etc.: The Transferee shall also pay to the Transferor within thirty (30) days of written demand, in addition to any other monies payable hereunder, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Transferor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Servient Tenement as owned by the Transferor and used by the Transferee pursuant to this Grant of Easement for the purposes stated herein. 5. GST: The Transferee shall pay GST on any and all payments if required by law. 6. No Rights Granted in Lands and Roads not Under the Transferor's Jurisdiction and Control: The rights, interest and easement granted herein does not confer any rights in regard to any lands and roadways which are not under the Transferor's jurisdiction and control. 7. Transferor Ownership Rights: Subject to the rights and covenants contained herein, the Transferor shall have the charge, administration, management, sale and disposition of the Servient Tenement and shall have the right to fully use and enjoy same. 8. Transferor Not to Damage Works: The Transferor shall not do or suffer to be done any thing which might cause injury, loss, or damage to the Works. 9. No Transferor Representations Regarding Condition of Title. Zoning etc.: The Transferee acknowledges that no representations or warranties have been made by the Transferor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Servient Tenement or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Servient Tenement including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Transferee acknowledges that the rights, interest and easement granted upon, under, along, over and across the Servient Tenement are on an "as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Transferee shall continue to exercise the rights and perform the obligations set out herein without abatement of the Easement Fee or any other claim in respect of the Servient Tenement or the use thereof. 10. Transferee Notice to Transferor Prior to Commencing Any Work: The Transferee shall, except in case of emergency, before commencing any work authorized by this Grant of Easement, give to the Transferor forty -eight (48) hours prior written notice, and in cases of emergency such prior notice as is reasonably possible, and during any construction work, repair and maintenance, the Transferor and/or Hydro One Networks Inc. may have its/their representatives present, for whose time and necessary expenses the Transferee shall pay on presentation of invoices therefore. 11. Priority of Third Party Rights: This Grant of Easement is subject to the primary right of Hydro One Networks Inc. to use the Servient Tenement to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licenses, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Transferor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Transferor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Transferee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Transferor or Hydro One Networks Inc. 12. Right of Termination Upon Default of Payment: If at any time the Easement Fee or any other amount payable hereunder is not paid when due, the Transferor shall provide written notice to the Transferee of such arrears and the Transferee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Transferor may terminate this Grant of Easement without any further notice. 13. Interest on Amounts in Default: In the event of default in payment of any amount due by the Transferee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Transferor may have hereunder or at law. 14. Transferee Compliance with Standards and Laws: The Transferee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard C -22.3, the "Safety Rules and Standard Protection Code" of Hydro One Networks Inc., The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 15. Transferee Environmental Compliance: The Transferee shall not permit on the Servient Tenement, at any time, the presence of any Environmental Contaminant, except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. 16. Trespass/Snow Restrictions: The Transferee shall not in any way use or trespass on any lands adjoining the Servient Tenement. The Transferee shall not pile snow on any of the Servient Tenement or any of the lands adjoining the Servient Tenement which would result in piles exceeding two metres (6.5 ft) in height or being closer than eight metres (26.2 ft) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Transferee acting in breach of this condition, the Transferor may remove any such pile, and the Transferee shall pay to the Transferor forthwith upon demand all costs of the Transferor for the removal of any such pile of snow. 17. Hydro One Networks Inc. Prior Approval Required for Improvements, Grading, etc.: The construction or location of all improvements and structures and the grading and planting of trees on the Servient Tenement is subject to the prior written approval of the Transferor and Hydro One Networks Inc. 18. Transferee Fences and Barriers: If required to do so by the Transferor or Hydro One Networks Inc., the Transferee shall at its own expense erect and maintain fences or barriers to protect all present and future works of the Transferor and the Transmission System and Distribution System of Hydro One Networks Inc. on the Servient Tenement according to specifications of the Transferor and/or Hydro One Networks Inc. In the event the Transferee acts in breach of this condition, the Transferor may erect and maintain any such fences or barriers, and the Transferee shall pay to the Transferor forthwith upon demand all costs of the Transferor in erecting or maintaining any such fences or barriers. 19. Transferee Not to Interfere with Hydro One Networks Inc. System or Transferor's Permittees: The Transferee covenants and agrees that the Transferee, its uses, works, installations, equipment, improvements, property and Pennittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Transferor or of the Transferor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Servient Tenement from time to time, and without limiting the generality of the foregoing, the Transferee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. 20. Transferee Access Subject to Rights of Third Parties: The Transferor shall provide the Transferee with free and unimpeded access at all times to the Works, subject to any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Servient Tenement, and subject to the right of Hydro One Networks Inc. pursuant to the Act. 21. Transferee Access to Works: For the purposes set out herein and for all purposes necessary or incidental to the exercise of the rights hereby created, but subject to the restrictions contained in clauses 10 and 20, the Transferee shall have access to the Works located on the Servient Tenement at all times by its servants, agents, contractors and subcontractors and its vehicles, supplies, machinery and equipment, as appurtenant to the Dominant Tenement. 22. Transferee Right to Remove Trees, Rocks, etc.: The Transferor shall permit the Transferee to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rocks encountered during the course of completion of the Works, subject to any legal requirements and any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Servient Tenement, and subject to the right of Hydro One Networks Inc. pursuant to the Act. 23. Transferee to Exclude Third Parties: The Transferee shall take all reasonable steps to ensure that persons not affiliated with the Transferee not be permitted access to the Servient Tenement during the term of this Grant of Easement. 24. Transferor and Transferee to Obtain Approvals and Consents and Compliance with Laws: This Agreement shall be effective to create an interest in the Servient Tenement only if the applicable subdivision control provisions of the Planning Act R.S.O. 1990, as amended, are complied with on or before the commencement of the Term. The Transferor, at the cost of the Transferee, shall obtain all necessary approvals, including zoning and consent from the Committee of Adjustment. The Transferee shall obtain consents from other easement holders on the Servient Tenement including Hydro One Networks Inc. and shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders, including environmental protection laws, that relate to the Servient Tenement, this Grant of Easement or the exercise of any of the rights or obligations in this Grant of Easement. The Transferee shall reimburse the Transferor for the cost of obtaining the approval and Consent from the Committee of Adjustment prior to registration of' this easement. 25. Markers Identifying Location of the Works: At the request of the Transferor or Hydro One Networks Inc., the location of the Works shall be indicated by permanent markers of size and design approved by the Transferor, which markers shall be placed and thereafter maintained by the Transferee at the Transferee's own expense in positions designated by the Transferor, and the Transferee shall reimburse the Transferor for all costs incurred by the Transferor in the installation of aerial warning devices or in taking other measures to comply with any rules and regulations of any governmental authority which would not have been incurred but for the rights, interest and easement herein granted. 26. Construction Liens: The Transferee shall make all payments and take all steps as may be necessary to ensure that no lien is registered against the Servient Tenement as a result of any work, services, or materials supplied to the Transferee or to the Servient Tenement. The Transferee shall cause any such registration to be discharged or vacated immediately after notice thereof from the Transferor or within ten (10) days following such registration, whichever is earlier. The Transferee shall indemnify and save harmless the Transferor from and against any liabilities, claims, liens, damages; costs and expenses, including legal fees, arising in connection with any work, services or materials supplied to the Transferee or the Servient Tenement. If the Transferee fails to cause any such registration to be discharged or vacated as aforesaid, then, in addition to any other rights of the Transferor, the Transferor may, but shall not be obliged to, discharge the same by paying the amount claimed into court, and the amount so paid and all related costs incurred in respect thereof by the Transferor, including legal fees and disbursements, shall be paid by the Transferee to the Transferor forthwith upon demand. 27. Transferee Property and People at Its Risk: All persons and property of the Transferee at any time on the Servient Tenement shall be at the sole risk of the Transferee, and neither the Transferor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Transferee releases the Transferor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. 28. Release of Transferor and Hydro One Networks Inc. for All Costs, Expenses, Losses, etc. arising from Termination: In order to induce the Transferor to grant this Grant of Easement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Transferee on behalf of itself, its successors and assigns, hereby: (a) releases and forever discharges the Transferor and Hydro One Networks Inc. and each of their successors and assigns, from any and all actions, causes of action, claims and demands for damages, Loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Transferee, its successors and assigns, in respect or in consequence of the termination of this Grant of Easement in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; (b) agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Transferor or Hydro One Networks Inc.; and (c) agrees that the Transferor and Hydro One Networks Inc. may plead this Grant of Easement as an estoppel. 29. Works to Remain Property of Transferee: Notwithstanding any rule of law or equity, any part of the Works consisting of fixtures, equipment and structures and appurtenances thereto, located upon the Servient Tenement pursuant to this Grant of Easement, shall be the property of the Transferee even though the same may have become annexed or affixed to the Servient Tenement. 30. Transferee Damage to Servient Tenement and Obligation to Restore: The Transferee shall be liable for physical and tangible damage done to the Servient Tenement and/or the Transferor's adjoining lands, by reason of the exercise of the Transferee of any or all of the rights and obligations set out herein and it shall remove all debris from the Servient Tenement and/or the Transferor's adjoining lands and repair and replace such damage and restore the Servient Tenement and/or the Transferor's adjoining lands to the satisfaction of the Transferor and Hydro One Networks Inc., at no expense to the Transferor. 31. . Restriction of Assignment of Easement: The Transferee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Servient Tenement or this Grant of Easement or any privileges or interests hereby granted to it without the prior written consent of the Transferor which may be unreasonably or arbitrarily withheld, failing which the Transferor shall be entitled to terminate this Grant of Easement. 32. Transferee to Execute a Surrender of this Grant of Easement: In the event that the Transferee abandons the Works, the Transferee shall within a period of one (I) year thereafter, execute and deliver a surrender, transfer and release of the rights and easement herein granted. 33. Works May be Removed, etc. by Transferor and Hydro One Networks Inc. on 24 Hours' Notice: The Transferor, Hydro One Networks Inc. and anyone acting pursuant to its authority may at any time enter on the Servient Tenement and upon twenty -four (24) hours prior written notice to the Transferee or at any time without notice in case of emergency inspect, maintain, repair, re- arrange, add to, replace, relocate and remove any of the Transferor's installations or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new installations or equipment or new Transmission System or Distribution System as the Transferor or Hydro One Networks Inc. determines necessary or desirable and the Transferor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Servient Tenement. 34. Transferor May Terminate this Grant of Easement on Notice: Despite anything to the contrary in this Grant of Easement and without prejudice to the rights of the Transferor hereunder or otherwise, the Transferor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least nine (9) months prior written notice to the Transferee, to terminate this Grant of Easement in whole or in part, as the case may be, if the Transferee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Servient Tenement to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Transferee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Easement Fee payable hereunder. 35. Termination Matters, Including Removal of Works: If the Transferor delivers notice of termination pursuant to clause 34 above, then all or such required portion of the Servient Tenement shall be deemed deleted from this Grant of Easement effective on the date of termination set out in such notice (the "Effective Date ") and this Grant of Easement shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Transferee shall at its sole expense and without claim or compensation of any kind remove or cause its Works to be removed from the Servient Tenement or such specific area(s) on or before the Effective Date in the manner set out in clause 41 below. Without prejudice to the rights of the Transferor hereunder, the Transferor will consider any reasonable request from the Transferee to continue beyond the Effective Date the Transferee's use of the Servient Tenement. 36. Hydro One Networks Inc. May Relocate or Remove Transferee and the Works if They Interfere with Hydro System: The Transferor reserves the right to inspect the Servient Tenement at any time. If in the opinion of the Transferor or Hydro One Networks Inc., the Transferee does anything or pen nits anything to be done on the Servient Tenement or the adjoining lands of the Transferor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous by the Transferor or Hydro One Networks Inc. acting reasonably, the Transferor or Hydro One Networks Inc. may, at the Transferee's expense, forthwith remove, relocate or clear the offending work from the Servient Tenement and/or the Transferor's adjoining lands without being liable for any damages caused thereby and the Transferee shall reimburse the Transferor or Hydro One Networks Inc. for all expense in so doing or the Transferor or Hydro One Networks Inc. may require the Transferee to immediately remove, relocate, clear or cease such activity. 37. Transferee Right to Notice of Default and Time to Cure: In the event of default of any of the terms or obligations in this Grant of Easement by the Transferee other than payment of any amount due hereunder, the Transferor may provide written notice to the Transferee specifying the default, and if the default is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Transferor may terminate this Grant of Easement immediately upon the expiration of the ten (10) day period aforesaid without any further notice. 38. Transferor May Cure Transferee Defaults: In the event of any default of the Transferee in performing any work, repairs, or other obligations of the Transferee under this Grant of Easement or making any payments due or claimed due by the Transferee to third parties, the Transferor may perform any such work, repairs, or other obligations of the Transferee or make any payments due or claimed to be due by the Transferee to third parties, and without being in breach of any of the Transferor's covenants hereunder and without thereby being deemed to infringe upon any of the Transferee's rights pursuant hereto, and, in such case, the Transferee shall pay to the Transferor forthwith upon demand all amounts paid by the Transferor to third parties in respect of such default and all costs of the Transferor in remedying or attempting to remedy any such default. 39. Transferee Assumption of Liability and Release of Transferor and Hydro One Networks Inc.: The Transferee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Grant of Easement or anything done or maintained by the Transferee thereunder or intended so to be, and the Transferee shall at all times indemnify and save harmless the Transferor and Hydro One Networks Inc., and their successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom they are responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. The Transferee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Servient Tenement, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. 40. Transferee Liability Insurance: The Transferee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Transferor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Transferor and Hydro One Networks Inc. as provided in paragraph 39 of this Grant of Easement. The Transferee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Public Infrastructure Renewal, and ORC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Transferor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall have been delivered to the Transferor prior to the effective date of this Grant of Basement. 41. Transferee to Maintain Works: The Transferee shall maintain the Works in a good and substantial state of repair at all times. 42. Transferee to Remove Works within 6 Months of Termination: Upon termination of this Grant of Easement as herein set out or if at any time the Transferee should abandon the Works, the Transferee shall remove the Works from the Servient Tenement at its sole cost and expense within six (6) months of its abandonment or termination and restore the Servient Tenement to a condition satisfactory to the Transferor and Hydro One Networks Inc., unless notified in writing by the Transferor to the contrary. If the Transferor provides such written notice to the Transferee, all Works shall become the property of the Transferor without cost. 43. Freedom of Information and Protection of Privacy Act: This Grant of Easement and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgment shall not be constmed as a waiver of any right to object to the release of this Grant of Easement or of any information or documents. 44. Transferee Conflict of Interest: The Transferee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Transferor, with the Grant of Easement or the exercise of any of the rights or obligations of the Transferee hereunder. The Transferee shall disclose to the Transferor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Grant of Easement, the Transferee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Grant of Easement. 45. Notices: Where this Grant of Easement requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Transferor, to it in care of: Ontario Realty Corporation 11 Floor, Ferguson Block, Queen's Park 77 Wellesley Street West Toronto, Ontario M7A 2G3 Attention: Patrick Grace — General Manager, Hydro One Service Delivery Telephone: 416- 327 -2959 Telecopier: 416 - 327 -3942 and, in the case of notice to the Transferee, to it in care of: The City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Ken Beaman, City Solicitor Telephone: 905- 356 -7521 Telecopier: 905- 357 -9293 46. No Waiver: The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Grant of Easement shall not constitute a waiver of the tetras, conditions and covenants herein with respect to that or any other or subsequent breach thereof or a waiver by that party at any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly or impliedly waives a right, power or option under this Grant of Easement. 47. Successors and Assigns: The rights, privileges and easement hereby granted are and shall be of the same force and effect as a covenant running with the lands and this easement, including all covenants and conditions contained herein, shall extend to, be binding upon and enure to the benefit of the Transferor and the Transferee. 48. Entire Agreement: No right, title or interest in or to the Servient Tenement or any part or parts of it or any adjoining lands of the Transferor is being conveyed to the Transferee except as expressly set out in and subject to all the terms and conditions of this Grant of Easement. 49. Governing Law: This Grant of Easement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attom to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 50. Registration and Legal Fees: The Transferee shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the Grant of Easement. All legal costs incurred by the Transferor's solicitor, inclusive of disbursements and G.S.T., as they pertain to the Grant of Easement and completion of the transaction shall be paid by the Transferee. IN WITNESS WHEREOF the parties hereto have executed this Grant of Easement. Signed by the Transferee at Niagara Falls, this 28th day of September. 2009. Ontario, Signed by the Transferor at - 10 - CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R. T. (Ted) Salci Position: Mayor Authorized Signing Officer Per: Name: Dean Iorfida Position: City Clerk Authorized Signing Officer I/We have authority to bind the Corporation. this day of 2009. ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Position: Authorized Signing Officer I have authority to bind the Corporation PART 4, SN104741 PART 4, 59R -12453 SLOGS 10 4T t y AS N EMT. 19 S7471000$51) 012211 iii PAM- PART 3, PLAN ST1104741 PART 3. PLAN 59R -12453 P.LN. 84378-0175(LT) 114.926 1 P±m$.2a1'”J. 118.428 PART 4, SN104746 144 1a N..P.rt r ewar PART 6 PART IQ 59R -4201 o va, e n s w ° na N '00W PART 7 (P1 YEAS) 118.389 1 -/'IrF N5'OO W 118.375 PI • MEAS.) N4'54'3013 PS k way 75,344 PART 4, 59R -4201 PART 2 4 4201 PART 2, ST1104741 PART 2, 59R -12453 SECT 10 WAT -S4TK N P67. Id SNbk(1FS:0 PART 4, 5• -4201 PART 2, 5 104745 N4'59 4.284 (1117)N50O'W (P2 r PARS \, 56R 4201 PART 5, 5N1 N5 (P4. P5 k SEAS) 227.805 212.783 PN(T 2, S9R -4201 'ART 4, SN104745 N5 3.502 42.864 - NSoo'W (P3 • SC) PART 2 64376-01700M INST. PART 1, 86.222 64976- 0178(LT) N0. LT- 110454 DETAIL "A" not to scale. PART 5 PART 1 PLAN 59R PART 1 PLAN SN10 PLAN Excerpt from PLAN 59R -13628 Deposited February 22, 2008 PART 13 1 PLAN SN104741 1, PLAN 59R =12453 P44 16A 7 Y.) 181.444 M 7 fe ryane Stour MS SW tI J ) by I W J A I n 5 Ow w OPk,n LT- s G vkr n LT-40774 PM sf4.1F -KW M N ,seat 07 T M of 60 . 0 * /000 r Tn SCHEDULE "A" By -law No. 2009 - A by -law to authorize the execution of a Construction and Encroachment Agreement with Hydro One Networks Inc., respecting entrance by the City upon certain easements situated at the west end of the Convention Centre property, for construction purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Construction and Encroachment Agreement made between Hydro One Networks Inc. as Hydro, and The Corporation of the City of Niagara Falls as Proponent, respecting entrance by the City upon certain easements situated at the west end of the Convention Centre property, for construction purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Construction and Encroachment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Construction and Encroachment Agreement. Passed this twenty- eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009. September 28, 2009. September 28, 2009. CITY OF NIAGARA FALLS CONSTRUCTION and ENCROACHMENT AGREEMENT THIS AGREEMENT made in duplicate this 1st day of May, 2009. B ETWEEN: HYDRO ONE NETWORKS INC. hereinafter called "Hydro" of the First Part -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called the "Proponent" of the Second Part WHEREAS Hydro is the registered owner of a transmission line easement in, over, along, across and upon those certain parcels and tracts of land lying and being in Part of Range 1, Registered Plan 1 and Part of Stamford Township Lot 160, City of Niagara Falls, registered under Instrument Numbers LT30773 and ST22511 (hereinafter called the Strip'), further described as Parts 3, 4, 6, 7, 8 &9 on Deposited Reference Plan 59R -13628 (attached as Schedule A) which easement is employed by Hydro to accommodate Hydro's existing steel tow& transmission and distribution lines; and WHEREAS the Proponent has or is about to construct access roads and loading dock facilities associated with the Niagara Convention & Civic Centre (hereinafter called `the Project'), and the Proponent wishes to enter upon the Strip for its said purpose of construction and installation of certain portions of the Project within the Strip in such manner as described and illustrated on various concept drawings prepared by Ferris + Associates, Consultants for the Proponent, dated June 26, 2008 and which Hydro is agreeable thereto. NOW THEREFORE WITNESSES that in consideration of the covenants and agreements herein contained and the lump sum of payment of: ONE THOUSAND, FIVE HUNDRED ($1,500.00) DOLLARS (plus G.S.T.) now paid by the Proponent to Hydro, the receipt and sufficiency of which is acknowledged, the parties hereto covenant and agree as follows: CONSTRUCTION TERMS AND CONDITIONS 1. For the purposes of this agreement, the following definitions shall apply: i) "Plan" means together the drawings prepared for servicing of the proposed parking area(s) showing the Project as constructed relative to the limits of the Strip, and Hydro's works and equipment on the Strip. ii) "Strip" means Hydro's above noted electrical transmission line easement, whether or not specifically identified and labelled as such on the Plan; iii) "Works" means all plant, equipment, and facility of the Proponent intended to be placed in, on, over, through or across the Strip for the Proponent's purposes of its Project only and intended to be constructed so as to encroach wi thin the Strip as described and shown on the Plan; iv) "Project" as noted above includes the supply, construction and installation of all facilities required to provide for the Works, described and shown on Plan; 2 v) "Commencement of Construction" means the point in time at which the Proponent or its independent contractors or appointees places any equipment or materials on the Strip or excavates any earth, save and except for equipment and work required and approved of in writing by Hydro beforehand as necessary to carry out preliminary surveying, engineering and soil testing. "Date of Final Approval" means the date at which Hydro provides written notification to the Proponent that it has, to Hydro's satisfaction, conducted the construction to complete the Project. vii) "Encroachment" means the encroachment of the Project generally and the Works specifically upon the Strip by the 2. The Project will entail the supply, construction and installation, at the sole expense of the Proponent, of the following: i) Supply and installation of all services on and in the Strip associated with the Works including: clearing, grubbing, excavation, filling, compaction, grading, ditches, topsoiling, seeding, landscaping and planting. Not withstanding the text and illustration on the Plan the Works shall be designed and constructed to withstand the following loads a) moving heavy equipment — CL- 625 -ONT Truck loading according to CAN /CSAS6 -00 b) moving mobile cranes set up for work with counterweights in place — 267 KN per tandem axle, dual wheel, 1.53m axle spacing, 360mm tires ii) Other miscellaneous work as may be included as part of the Project from time to time (hereinafter collectively called the "Construction "), save and except street lighting or other similar pole mounted facilities for which approval the Proponent shall make separate submission to Hydro. 3. Hydro grants to the Proponent exclusively, approval to install the Works strictly in compliance with the covenants; temrs and conditions herein below set out. 4. The Parties covenant and agree that this construction portion of this agreement is effective May 1, 2009 for a two year period. 5. The Proponent shall at all times at its sole expense to the satisfaction of Hydro during the term of this Agreement and any permitted extension(s) or renewals) thereof: a) be responsible for exclusively and shall and does hereby covenant and agree to indemnify and save harmless Hydro from and against all loss, damage or injury to property or persons whatever and howsoever caused (including loss of life) arising out of the permission hereby granted including without limitation the construction, operation and maintenance of the Works. Notwithstanding anything to the contrary contained in this agreement or otherwise, the provisions hereof shall survive the termination of this agreement and any and all permitted extension(s) or renewal(s). b) reimburse Hydro on demand for all expenses incurred or paid or payable by Hydro associated with all of its engineering and inspection services respecting its approval of the location and installation of the Works and the subsequent restoration of any disturbed area of the Strip. 3 6. The Proponent covenants and agrees and does hereby undertake at its sole expense to a) act on Hydro's behalf as Hydro's agent to secure the consent of authority having jurisdiction in any respect to the Project. b) act on Hydro's behalf as Hydro's agent to secure the appropriate change in designated zoning of the Strip to effect the appropriate zoning if required to permit the Project to proceed to realization. 7. The Proponent covenants and agrees that prior to Commencement of Construction, the Proponent shall at all times-at its sole expense in a manner satisfactory to Hydro a) provide Hydro with and secure its consent to its proposed Construction schedule and not deviate therefrom without written notification and agreement in writing. b) arrange and maintain throughout the term of this Agreement or any extension thereof, the following insurance and pay all premiums during the term of this Agreement or any extension thereof with respect to such insurance: i) insurance of the type commonly called commercial general liability insurance which shall include coverage for personal injury, death and property damage, all on an occurrence basis with respect to all operations carried out upon the Strip or in any building and other facilities and the Corporation's use and occupancy of the Strip, with limits for any one occunence or claim not less than $10,000,000 or such other amount as may be from time to time the equivalent thereto in real value or purchasing power. Such insurance shall name the Proponent and Hydro as additional named insureds and contain a cross liability and severability of interest clause. The Proponent agrees that if it fails to take out or keep in force such insurance, Hydro will have the right to do so and to pay the premiums thereof, in which event the Proponent shall pay to Hydro the amount paid as premiums. A certified copy of such policy(ies) or satisfactory certificate(s) in lieu thereof shall be given to Hydro for approval on or before the commencement of this Agreement and any extension(s) or renewal(s). Such insurance policies shall contain an endorsement clause that such policies shall not be cancelled or modified so as to restrict or reduce coverage except upon 30 days notice in writing thereof to Hydro. c) comply with all statues, by -laws, regulations, orders and directions of all Governmental and regulatory authorities having jurisdiction, affecting the design, installation and operation of the Works, and provide evidence of such compliance upon request d) inform all its contractors of any special conditions in the construction area of the Strip, including the exception, and it being a high- voltage environment and insist on all the contractors and invitees complying with all safety and environmental laws and all rules and regulations applicable thereto and provide Hydro upon request to do so with the contractors' and invitees' acknowledgement of said laws, rules and regulations and satisfactory evidence of such compliance. e) make all necessary arrangements to Hydro's satisfaction, with all relevant Hydro tenants, subtenants, licensees, occupants and other users and adjacent property owners respecting access routes, temporary work areas, fencing, movement and cam of livestock, vehicles and equipment. 4 f) give Hydro a minimum of seventy -two (72) hours' notice prior to Commencement of Construction so that Hydro, at its sole discretion, may have its representatives present at the Proponent's expense, to ensure conformity with Hydro's terms and conditions of Construction. 8. During construction of the Works the Proponent shall at all times, at its sole expense: a) obtain confirmation and approval in writing of all deviations to field approvals of the Works previously given by Hydro's Inspectors. b) not erect or allow any structures, erections, buildings, installations, works, work shacks, materials, equipment, garbage, refuse, snow, ice, soil, to be erected, built, installed, accommodated, completed, stored, parked, fuelled or located on the Strip or vehicles on the Strip except in those places or in such manner as shall be approved by Hydro's inspectors and subsequently confirmed satisfactory in writing. Further the Proponent shall not erect nor allow to be erected any aerial service lines including electrical power, telephone, cable television or lamp standards or other similar service within the Strip without prior written consent of Hydro. c) erect satisfactory temporary barriers on access routes and make all reasonable efforts to prevent use of these routes by private or commercial vehicles. d) erect temporary barriers e.g. snow - fencing between the Proponent's access road(s), and construction areas and all transmission towers and poles so as to provide a minimum 3 meter horizontal separation between the barriers and towers and poles on the Strip to restrict all access mad and construction traffic, equipment and material from within the fenced area(s), including plowed snow. e) participate in and attend from time to time as requested all Hydro arranged co- ordination meetings with representatives of the Corporation's contractors, if required. 0 comply satisfactorily with all instructions of Hydro's inspectors from time to time including without limitation, instructions to halt construction if, in the opinion of such inspectors, Hydro's works from time to may be interfered with, or the safety of the public or such works may be in danger, or the Project is not being constructed in accordance with Hydro's terms and conditions of Construction. contact Hydro immediately if /when Hydro's buried counterpoise (ground wire(s)) are exposed, damaged or cut through during Construction. h) during all blasting operations, ensure ground vibrations do not exceed a peak particle velocity rate of 50mm per second, and shall further ensure that appropriate blast -mats are in place during all blasting operations within 61m of any transmission line to eliminate damage or injury to Hydro's plant and equipment from blasted flyrock. g) 9. After Construction and completion of the Project, the Proponent shall, at all times at its sole expense and to the satisfaction of Hydro: a) advise Hydro, with seventy -two (72) hours prior notice in writing, that all Construction on the Land has been completed and ready for Hydro's inspection. b) repair and restore all fences, gates and improvements (including, without limitation, field tiles and wells) to a condition equivalent to that existing prior to installation of the Works. 5 c) restore all earth, topsoil and ground cover disturbed by Construction and, if necessary or requested, replace destroyed or damaged trees and shrubs, and do all requested or necessary grading to ensure soil and slope stability to the satisfaction of Hydro and guarantee Landscaping and Plantings for a subsequent term of three (3) years. d) compensate Hydro tenants on demand for any damages, such as crop loss or injury to livestock, caused by the Corporation, its servants or agents as a result of the construction, operation and maintenance of the Works. e) pay Hydro all its costs of replacing, relocating or repairing all or any of Hydro's works, where Hydro has incurred these costs because of the Project and Construction or presence of the Works and/or the entering into of this Agreement. 1) send to Hydro for its records, satisfactory copies of properly executed final releases of claims for damages executed by Hydro tenants, subtenants, licensees, occupants and other users. 10. The Proponent acknowledges, covenants and agrees that if there is insufficient room within the Strip for the Works or appurtenances thereto Hydro is under no obligation to provide alternate lands or compensation to accommodate the Works and Hydro is and shall be released of any and all liability to the Proponent of any kind whatever as a result or in connection therewith. 11. Any renewal of this construction portion of this Agreement and the terms and conditions associated therewith, are at the sole discretion of Hydro. Request for renewal must be submitted in writing by the Proponent to Hydro at least two months prior to the expiration of the Agreement. ENCROACHMENT TERMS AND CONDITIONS 12. a) The Proponent and Hydro covenant and agree that the Agreement shall and does serve as a binding and irrevocable encroachment agreement, accommodating the Encroachment of the Works as pan of the Project within the Strip, for and during the intended operational life of the Works described and shown on the Plan; b) Hydro hereby acknowledges the intention of the said Encroachment of the Works and hereby agrees, that the Proponent shall be permitted to maintain the Works in the form and position described and shown on the Plan, provided that no portion of the Works and/or Construction shall be permitted to extend further onto the Strip than as described and shown on the Plan; and provided that the Encroachment will not interfere with any Hydro works on the Strip or any future changes or additions made thereto. If the Encroachment does in the opinion of Hydro, acting reasonably, interfere with any Hydro works or any future changes or additions thereto on the Strip, then the Agreement may be terminated at the option of Hydro. c) The Proponent covenants that it shall execute any further assurances as Hydro in its sole discretion may from time to time require with regard to the Encroachment. 13. The Proponent shall not perform nor allow to be performed any act, which shall cause further encroachment over or upon the Strip and without limiting the generality of the foregoing, the Proponent shall: a) not increase the size nor alter the position of the Works, nor erect any erection or temporary or permanent structure of any nature whatsoever, on or upon the Strip. b) not use any equipment on the Strip closer than 6.1 metres (20 feet) to all Hydro electrical wires, 6 14. The Works and all other property of the Proponent at any time within the Strip shall be at the sole risk of the Proponent and Hydro shall not be liable for any loss or damage thereto howsoever occurring and the Proponent fully releases Hydro from all claims and demands in respect of any such loss or damage, except and to the extent to which such loss or damage is caused or contributed to by the neglect or default of Hydro, its servants or agents. 15. The Proponent shall in respect of the Encroachment assume all liability and obligation for any and all loss, damage or injury to property or persons (including loss of life) which would not have happened but for the Encroachment or anything done or maintained by the Proponent under this Agreement or intended so to be, and shall at all times indemnify and save harmless Hydro from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the Proponent shall not be liable under this paragraph to the extent to which such loss, damage, or injury is caused or contributed to by the neglect or default of Hydro, its servants or agents. 16. The rights and easement of Hydro are hereby ratified and confirmed. 17. The provisions hereof shall enure to the benefit of the undersigned and be binding upon their respective successors and assigns. 18. The failure of Hydro to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Agreement shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by Hydro at any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which Hydro has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of Hydro which expressly or impliedly waives a right, power or option under this Agreement. 19. This Agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein, and the parties hereto irrevocably attom to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 20. Time shall in all respects be of the essence hereof, provided that the time for doing or completing any matter provided for herein may be extended or abridged by an agreement in writing signed by the patties. IN WITNESS WHFREOF, the parties hereto have caused this Agreement to be executed by the signatures of their proper officers, as of the day and year first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per Name: R. T. (Ted) Salei Position: Mayor Per Name: Dean Ion ida Position: city Clerk We/I have the authority to bind the Corporation HYDRO ONE NE'T'WORKS INC. 7 Per Senior Real Estate Coordinator, Facilities and Real Estate I have authority to bind the Corporation. OtQ CoRQ1bot& Exstrinia H NTPR °. pmt. visemeJT coat OOR 1.0474e • 115.111, 'PART 3, PLAN SN104741' • PART 3j P.IAN. 59A- 12453. 84848- 0178(LT1 114:928 N5 ^oo`,w'' (Fl, was EFA4) 127-53.. PART Et PA PAR — N and tr4. PART 11 PART 4, SN104741 .. PART 4,50.7:12W SHEET to ar41M1B -IN4 As 'N Wr.'im -s ➢I RuYO PART 1, PLAN 2 'NS 47984�-a�• NS80'W ark zft) ._.,. 9N5g 9E PS ma) t 4:R 8svonash m PART 5 ' 1 PLAN 59R 4201 S PAR/72 PART 1 PLAN' SN10'745 T 1' PLAN: SN1'04741 1, . PLAN 59R - 12453 NEAA) MI 1; 59i . i� 'i PMT. S, 88 45. gle,lb l A�a:.a9a1r .. ' P. cat 2, 558 —VA1 atr 5N10 N5 /'. 5.258 .. � M PART 4, "4201 e�ne.a'Nir • PART 2; 5 104745 AtC EASeM4:',.. — pry t0, 1N I5, k@ .IS -MYee 4. (CENG4 "- PT's 11,12 11110*- troagoi,K.”A46,4-v- DETAIL ° A act- 'to scale T 2 SN104741 PART 2: 598-12453 EW6lAMOM1d r OM liaHi a ;Hingmo(te „ Excerpt from PLAN 59R -13628 Deposited February 22, 2008 SCHEVULE 'A” CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to authorize the execution of an Agreement with the Golden Steer Restaurant (Petrakis Family) respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated Sepetember 28 2009 and made between the Golden Steer Restaurant ( Petrakis Family) as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along McGrail Avenue from Centre and Walnut Streets, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009 September 28, 2009 September 28, 2009 THIS AGREEMENT made this 28 day of September, A.D., 2009. BETWEEN: Golden Steer Restaurant (Petrakis Family) Hereinafter called the "Volunteers" -and - THE- CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the FIRST PART; of the SECOND PART; WHEREAS the City's Adopt -A- Street Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected street; AND WHEREAS the Volunteers have agreed to participate hi the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall appoint or select an authorized group representative to attend a safety meeting provided by the City and, in turn, supply safety training to the Volunteers. All participants must receive and be familiar with the contents of the safety brochure "Safety Guidelines for Volunteers" before participating in the clean up of the adopted street. 3. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 4. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of', from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Street Program. 6. The City shall confirm the specific section of a City street to be adopted by the Volunteers. 7. The City shall provide safety information and training, trash bags, flags, to the Volunteers upon receiving notice prior to the beginning of a clean up. 8. The City shall erect sign(s) with the Volunteers' requested name (i.e. The Golden Steer Rest., George Petrakis & Family) displayed at one end of the adopted street, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 9. The City shall remove and dispose of filled trash bags following the clean up and a designated location. 10. The City shall remove litter such as large, heavy, or hazardous items that have been flagged by the Volunteers for pick up by the City. 11. The City shall monitor activities of the Adopt -A- Street Program to ensure that objectives of the program are being met. 12. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Street Program signs. 13. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 14. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Golden Steer Restaurant 5077 Centre Street Niagara Falls, ON L2G 3N8 Attention: Mr. Peter Petrakis, Owner Telephone: (905) 329 3935 Fax: NA Email: ldaley @cogeco.ca 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 16. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 Attention: Director of Parks, Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356-7404 ) ) Name: Peter etrakis ) ) Name: ) ) ) Name. ) ) ) Name. ) ) Name: ) ) Name: ) ) ) Name: ) ) )Name ) ) ) Name: ) ) ) Name: ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) ) Name: R.T. (Ted) Salci ) Title: Mayor ) ) ) Name: Dean Iorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 28 day of September, A.D., 2009 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following streets: McGrail Avenue from Centre and Walnut Streets, being an approximate distance of 1 kilometre, SCHEDULE "B" to an Agreement dated the 28"' day of September, A.D., 2009 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. per year. The Volunteers shall pick up litter on their assign street a minimum of three times 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Parks, Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only along the adopted street. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. The Volunteers shall wear clothing that will not impair vision or movement during clean up. 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall flag closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Parks, Recreation & Culture or his/her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Street clean up day unless it is renewed. S:1Park in the City'Adopt A - Programs\Adopt A Street Adopt A Street Agreement - Golden Steer Restaurant (McGrail Avenue).wpd CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to authorize the payment of $14,934,510.49 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 August 13, 2009 to September 9, 2009. Passed this twenty- eighth day of September 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009 September 28, 2009 September 28, 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 the28th day of September, 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: I . The actions of the Council at its meeting held on the 28 day of September, 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 twenty- eighth day of September, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 28, 2009 September 28, 2009 September 28, 2009