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2010/06/28
COUNCIL MEETING Monday, June 28, 2010 Order of Business and Agenda Package Niagara. a'Is CANADA COUNCIL MEETING June 28. 2010 O CANADA Giuliana Mascia will sing 0 Canada PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of June 14 2010 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Niagara Falls Soccer Club Korea Veterans Association PRESENTATIONS/ DEPUTATIONS Tim Chamberlain, President, Niagara Falls Soccer Club will make a presentation representing the Club's contribution of two picnic tables to the E.E Mitchelson Splash Pad. George Barrett, President and representatives of the Korea Veterans Association will attend Council to request July 5 to 12 be proclaimed "Korea Veterans Week" and an associated flag raising. 2 PLANNING MATTERS Public Meeting AM- 2010 -010, Zoning By -law Amendment Application 4400 -4424 Montrose Road Applicant: Marcel Dionne Inc. Agent: Chris Cristelli Proposed Restaurant and Retail Sales Ancillary to a Warehouse Background Material: Recommendation Report: PD- 2010 -51 Background Material: Recommendation Report: PD- 2010 -50 Background Material: Recommendation Report: PD- 2010 -40 -AND- Public AN D- Public Meeting AM- 2010 -009, Zoning By -law Amendment Application City Owned Lands on the East and West Sides of Montrose Road, North of McLeod Road and McLeod Square Inc. Owned Lands on the West Side of Montrose Road, North of McLeod Road. Applicant: City of Niagara Falls and McLeod Square Inc. Rezoning Lands Site Specific Residential Apartment 5C Density and General Commercial Zones. Public Meeting AM- 2009 -24, Official Plan Amendment to Incorporate New and Updated Environmental Policies, City of Niagara Falls Correspondence from the Niagara Peninsula Conservation Authority Correspondence from Chris Millar, Upper Canada Consultants Correspondence from Michael Benner, Greenwillow Ecological Consultants Correspondence from Lisa Campbell, LCA Environmental Consultants Correspondence from Jean Grandoni Correspondence from Richard Brady, UEM Inc. Correspondence from Antoinetta Roccosanto 3 MAYOR'S REPORTS. ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1.(a) Victoria Centre BIA - Requesting approval of their 2010 budget. RECOMMENDATION: For the approval of Council. 1.(b) Fallsview BIA - Requesting approval of their 2010 budget. RECOMMENDATION: For the approval of Council. 2. Serbian Club - Requesting July 10 be proclaimed as "Nikola Tesla Day ". RECOMMENDATION: For the approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS - 4 - 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. PD- 2010 -48 - Heritage Designation of the former Parks, Recreations and Culture Building. PD- 2010 -49 - Regional Development Charges PD- 2010 -53 - Update the Memorandum of Understanding for Improving the Planning Function in Niagara. CD- 2010 -06 - Compliance Audit Committee F- 2010 -38 - Municipal Accounts F- 2010 -37 - Major Receivables (May) L- 2010 -09 - Release of Agreement, Parcels and Lots on Plan NS42 MW- 2010 -30 - Tender 2010 -16 -T.V. Inspection of Sewers Contract MW- 2010 -41 - Tender 2010 - 230 -09, Drummond Road Reconstruction Phase II MW- 2010 -42 - Tender 2010 -02 & 2010- 217 -08, Sidewalk Repair & New Sidewalk Construction MW- 2010 -47 - Tender 2010- 208 -08, First Avenue, Second Avenue and Bridge Street Road Reconstruction, Watermain, Storm & Sanitary Sewers MW- 2010 -43 - TenderTR -09 -2010, Supply and Installation of Sports Fields and Landscape Development. Patrick Cummings Memorial Sports Complex. MW- 2010 -46 - NW Sanitary Sewer Club Italia, Frontending Agreement TS- 2010 -29 - TransCab Transportation Pilot Project Update Montrose South Business Corridor - 5 - BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -88 A by -law to authorize an Application General to amend the register to release a Subdivision Agreement registered as Instrument Number RO203570 over the lots and parcels for Plan NS42. 2010 -89 A by -law to authorize the execution of a Subdivision Agreement with 800460 Ontario Limited respecting Fernwood Subdivision - Phase 2. 2010 -90 A by -law to designate the property known as 7565 Lundy's Lane formerly known as the Lundy's Lane School at Green's Corners, being PIN 64418 -0077 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. 2010 -91 A by -law to amend By -law No. 79 -200, to permit a group home for up to 17 persons, subject to the removal of a holding (H) symbol. (AM- 2009 -012) 2010 -92 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited, Limited Parking, Stop Signs at Intersections) 2010 -93 A by -law to establish a municipal bingo policy. 2010 -94 A by -law to authorize the payment of $35,449,887.32 for General Purposes. 2010 -95 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of June, 2010. NEW BUSINESS _(6%18/20101 Teresa Fabbro - Re Fwd: singer Page 1 From: Teresa Fabbro To: Dean lorfida Subject: Re Fwd singer »> "Laurie" <tanezOcopeco ca> 4/20/2010 8:23 PM »> Hi Dean - Your musician for June 28 is violinist Giuliana Mascia and here is her bio Giuliana Mascia is 7 1/2 years old and is the daughter of Pat and Lina Mascia. She has two younger sisters Milana and Ivana Mascia. Julianna is a grade 2 student at St. Vincent de Paul School She started taking viloin and piano lessons at the young age of 4 years old Her violin teacher is Nancy Paul Julianna's favourite subjects in school are Math and Language She loves to read, to go for walks with her family, watch movies and loves having play dates with her friends Laurie (6/8/2010) Dean lorfida - Donation Page 1 From: "tchamberlain" <Ichamberlain3 @cogeco.ca> To: "Geoff Holman" <gholman @niagarafalls.ca> Date: 5/19/2010 6:45 AM Subject: Donation Geoff The Niagara Falls Soccer Club would like to contribute 2 picnic tables [$2000.00] to the new splahpad .Pam proud to say that this will bring our total contributions at EE MITCHELSON to nearly $50000.00 within a 1 yr period,not to mention nearly $10,000.00 in the purchase of new soccer nets ,mesh , maintenence to the exterior of the Clubhouse, numerous contributions to project share[$2500.00] The Niagara Falls Soccer Club has a investment now totaling well over $250,000.00 into the park.Since i have taken over as President all audits are up to date by Crawforf ,Smith & Swallow [fee $9000.00] The integrity and credabilty of the club has been restored, this season we have 1400 girls and boys in our community playing soccer,up from 650 when i took over 2yrs ago . Thank You ,and looking forward to working with you Tim Chamberlain April 2' 2010. Dear Mayor Salci. KOREA VETERANS ASSOCIATION UNIT 15 NIAGARA REGION George W. Barrett, President. Unit 15 Niagara KVA. 7631 Cameron Court, Niagara Falls, Ont. L2H 3G9. Tel (905) 371 3676. email abarrett2ncogeco.ca I am writing to you with information regarding an event in the planning stages for the City of Port Colborne and Unit 15 Niagara, Korea Veterans Association, in order to ask you if the City of Niagara Falls would also be interested in participating. This year, 2010 is the 60 anniversary of the start of the war in Korea which started on June 25 1950 and the cease fire which came into effect on July 27 1953. During that time period some 27,000 Canadians, many of them from the Niagara area, served in Korea as part of the military force made up from the 21 Nations that went to the aid of the Republic of South Korea, under the flag of the United Nations. One of the members of Unit 15 who I believe is known to you Mr Wilfred Pearson, who resides in Port Colborne approached Mayor Badawey with the request that a time period close to the date of the start of the war be declared 'Korea Veterans Week' Mayor Badawey has endorsed this idea and has included it on the agenda for their next council meeting on April 12t I believe he is actually declaring the period June 25 to July 27 Korea Veterans month. Although my personal preference would be for one week only. It was suggested by Mayor Badawey to Mr Pearson that our organization should consider asking other municipalities in the Niagara area to also participate. I have asked a member of the unit executive who resides in St Catharines to contact Mayor Brian McMullan and he has now arranged a meeting with the Mayor after receiving positive feedback from his office. Unit 15 has members residing also in the Fort Erie area however I have not asked anyone to contact their city at this time until it can be determined just how far this idea will be accepted. I would be remiss if I did not also bring to your attention the large number of South Koreans who reside and conduct business in the Region of Niagara. Our organization, the KVA, has for many years had a very good relationship with the Korean community through their various associations, and we attend some of their functions. I know that they would look upon this type of event as a great honour not only to the Veterans but also to the Republic of South Korea, their native country. In closing, should you wish to do so I am available to meet personally with you to discuss this proposition which could include the availability of a group of KVA veterans for any formalities that may be arranged. Yours Sincerely George W. Barrett. President. Unit 15 KVA. OFFICE OF THE DIRECTOR OF COMMUNITY AND CORPORATE SERVICES April 15 2010. Mr. George W. Barrett, President, Unit 15, Niagara, Korea Veterans Association of Canada, 7631 Cameron Court, Niagara Falls, ON L2H 3G9 Dear Mr. Barrett: Request for Proclamation Korea War Veterans Month, June 25 -July 27, 2010 CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8 Further to your correspondence to Mayor Vance Badawey, please be advised that the above noted request was presented to Port Colborne City Council at their meeting of April 12` 2010, and Council resolved as follows: "Thit Mayor Badawey proclaim the period of June 25 -July 17, 2010 as Korea War Veterans Month in the City of Port Colborne in accordance with the request received from George W. Barrett, President, Unit 15, Korea Veterans Association of Canada." An official proclamation is enclosed. Yours very truly, e G�i�gg City Clerk. AG:Iw encl. cc: Mayor V. Badawey Wilfred Pearson Telephone: 905 835 -2900 Email: dccseoortcolborne.ca Fax: 905 834 -5746 Moved by Councillor William Steele Seconded by Councillor Bea Kenny PORT COLBORNE THAT, I, Mayor, Vance M. Badawey, do hereby proclaim the period of June 25 to July 27, 2010 as KOREA WAR VETERANS' MONTH in the City of Port Colborne, in honour of the 60th Anniversary of the War in Korea which started on June 25, 1950 and ended with the signing of the ceasefire on July 27, 1953. It was a war in which 27,000 Canadians, many from the Niagara Region, served under the flag of the United Nations. Vance M. Badawey Mayor WOW 41,154 u u J�l.11.'IUWLiIAJiLy April 12, 2010 )ulllhill1■l 111111111J Willi 114111 1 1 11 tl1 {unllhkLiBV11f1111ad1 1E9iij J J IiIIIJIWhJn iJll.0 111,1) 610.11lllli di iim Y ,1111dhlh1,11.4lulilllllld11V1. ligilk.111111a111111.1bil it Jill ul 11 11 IJI J,liki1111ai1 A 3 Niagaraaalls June 28, 2010 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2010 -51 PD- 2010 -51 AM- 2010 -010, Zoning By -law Amendment Application 4400 - 4424 Montrose Road Applicant: Marcel Dionne Inc. Agent: Chris Cristelli Proposed Restaurant and Retail Sales Ancillary to a Warehouse 1. That Council approve the application to add site specific provisions to the Light Industrial (LI) zoning of 4400 -4424 Montrose Road to permit a restaurant and retail sales ancillary to a warehouse use in an existing building on the property, subject to a condition in the Zoning By -law to require the execution of an agreement to secure a 2 metre wide landscaped open space strip along the front of the property. 2. That Council pass a by -law to deem Lots 2, 3 and 4, Plan 160 Stamford to no longer be within the registered plan of subdivision. The applicant has requested a zoning amendment to add a restaurant and retail sales ancillary to a warehouse as uses permitted on the property. The applicant has also requested a "deeming by -law" under the Planning Act to allow the subject lands to merge together. These requests can be supported because: the proposal complies with the Official Plan for commercial services and other complementary land uses permitted in industrial districts; the restaurant and retail showroom will occupy only a small part of the development on the property and will not detract from the primary industrial use of the property; • sufficient parking exists to serve existing and proposed uses; • a landscaped strip along the front lot line to buffer the parking area is recommended and will require the execution of an agreement; and • the subject lands will be treated as one parcel for zoning purposes once the deeming by -law is registered. June 28, 2010 - 2 - PD- 2010 -51 BACKGROUND Proposal An amendment is requested for a 1.2 hectare (2.9 acre) parcel of land known as 4400 -4424 Montrose Road (see Schedule 1). The applicant is requesting a 70 seat restaurant and retail sales ancillary to a warehouse be permitted to be established in an existing building on the property. Schedule 2 shows further detail of the site and the location of the proposed uses. The property is zoned Light Industrial (LI) which does not permit a restaurant. Ancillary retail sales of goods are limited to those produced on -site but retail sales of goods warehoused on the site is not permitted. The applicant is requesting site specific provisions be added to the LI zoning of the property to permit the proposed restaurant and 25% of the warehouse floor area to be used for retail sales. Site specific provisions are also requested to recognize a 0 metre side yard on the south side and a 1.5 metre side yard on the north side and no landscaping in the front yard. The applicant has also submitted a request for passage and registration of a deeming by -law to allow the subject lands (3 separate lots under a plan of subdivision) to be merged and considered as one lot. Site Conditions and Surrounding Land Uses The site is developed with two buildings that are used for industrial and /or warehousing purposes and related parking. The applicant has a warehouse /wholesale establishment in one of the buildings which faces onto Montrose Road. The site is bounded by industrial uses to the east and south and a used car sales lot to the north. A chiropractic clinic and dwellings lie to the west, on the west side of Montrose Road Circulation Comments Information regarding the proposed 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: Regional Municipality of Niagara - No objections from a Provincial or Regional perspective. • Municipal Works - No objections The existing parking area on -site is paved and has catchbasins for storm drainage. • Parks and Recreation No objections. Additional landscaping along Montrose Road is recommended. June 28, 2010 - 3 - PD- 2010 -51 • Legal Services, Fire Services, Transportation Services - No objections. Neighbourhood Open House A neighbourhood open house was held on April 8, 2010. No members of the public attended the meeting to hear about the proposal or express comments. ANALYSIS 1. Official Plan The land is designated Industrial in the Official Plan and is intended to be used for a variety of industrial, manufacturing and warehouse type uses. Zoning By -law amendments can be considered to permit such complementary uses as restaurants and retail showrooms within the industrial districts in order to accommodate changing market conditions. The proposal complies with the Official Plan as follows: The proposal conforms to the Official Plan as follows: 2 Zoning By -law The proposed restaurant has 70 seats. The proposed retail showroom will be limited in size to 25% of the warehouse floor area (less than 100 square metres). As these uses are small in scale most of the site will remain for industrial purposes. These uses will not diminish the primary industrial function of the property nor will they compete with commercially designated areas of the City. The proposed uses are grouped together in a multiple use complex as contemplated by the Official Plan. • The site provides parking in excess of that required for the existing and proposed uses. The provision of a landscaping strip along the front lot line as recommended later in this report will assist in meeting Official Plan objectives of providing an attractive business park setting for complementary land uses. The applicant operates a warehouse /wholesale establishment related to hockey memorabilia. The applicant also sells goods produced on -site which is permitted under the current zoning. The applicant is requesting a restaurant and a retail showroom be added as permitted uses. To ensure these do not create a significant commercial function they should be limited to the size proposed (70 seats for the restaurant and 25% of the warehouse floor area for the retail showroom). June 28, 2010 - 4 - PD- 2010 -51 A reduction of front yard landscaped open space from 67% for the required front yard to 0% is requested to recognize existing site conditions. However, providing a minimal amount of landscaping here would beautify the site and assist in screening Montrose Road and the mainly residential areas to the west from the site's parking area as well as providing room for snow storage. As the parking aisle in front of the building is in excess of the minimum width required for an aisle (8.6 metres versus 6.3 metres required in the by -law), a 2 metre wide landscaped strip could be accommodated and would not impact the parking supply. The proposed zoning changes do not result in any redevelopment of the site that would allow the City to seek these improvements through a site plan agreement. The Official Plan has policies that allow the placement of conditions in an amending by -law to secure site works prior to issuance of a building permit. It is recommended that a condition be put in the amending by -law requiring an agreement be executed to secure a 2 metre wide landscape strip along the frontage of the property (exclusive of driveways) to the City's satisfaction prior to issuance of a building permit. This may require the posting of a letter of credit or security deposit. The applicant has also requested a reduction in side yard setbacks, from 3.5 metres to 1.5 metres on the north side and 0 metres on the south side, to recognise the siting of existing buildings on the property. There are no concerns with this request. 3. Deeming By -law Although the subject lands currently function as one lot, they consist of 3 separate lots in a plan of subdivision. This creates zoning issues, as the buildings on the lot straddle lot lines and technically result in some parking being located on a lot(s) not occupied by the use. This is contrary to the Zoning By -law. If all of the subject lands are deemed to be no longer within the registered subdivision they will be able to merge and be treated as one large parcel for zoning purposes. The applicant has requested the City to pass a "deeming by -law" for Lots 2, 3 and 4, Plan 160 Stamford. A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties in the same ownership and allow them to be one lot with a common parking area. CITY'S STRATEGIC COMMITMENT The requested zoning assists in the development of a City business, in keeping with the strategic priority of promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: LL A Ale Herlovitch, Dir ctor of Planning, Building & Development Respectfully submitted: I Fen Todd, Chief Administrative Officer A.Bryce bm Attach S \PDR\2010 \PD- 2010 -51, AM- 2010 -010, Marcel Dionne Inc., 4400 -4424 Montrose Rd.wpd Niagararalls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION EXECUTIVE SUMMARY PD- 2010 -50 June 28, 2010 SUBJECT: PD- 2010 -50 AM- 2010 -009, Zoning By -law Amendment Application City Owned Lands on the East and West Sides of Montrose Road, North of McLeod Road and McLeod Square Inc. Owned Lands on the West Side of Montrose Road, North of McLeod Road Applicant: City of Niagara Falls and McLeod Square Inc. Rezoning Lands Site Specific Residential Apartment 5C Density and General Commercial Zones That Council approve the application to rezone Parcel 1 an Open Space (OS) zone, rezone Parcels 2 and 4 a site specific Residential Apartment 5C Density (R5C) zone and rezone Parcel 3 a site specific General Commercial (GC) zone, subject to the placement of a holding (H) symbol on Parcels 2, 3 and 4 and subject to the regulations addressed in this report. The zoning proposals are simultaneous applications by the City and McLeod Square Inc. for lands on the west and east sides of Montrose Road north of McLeod Road. The applications would: 1. Place Parcel 1 under an Open Space (OS) zone to recognize it will permanently be part of a City park; 2. Place Parcels 2 and 4 under a site specific Residential Apartment 5C Density (R5C) zone to permit them to be developed for multiple family residential purposes; and 3. Place Parcel 3 under a site specific General Commercial (GC) zone to permit it to be developed for general commercial purposes. These requests can be supported because: • Parcel 1 is intended to be retained by the City and maintained as part of Charnwood Park; • Parcels 2 and 4 are surplus commercial lands and the Official Plan allows surplus commercial lands to be considered for residential purposes; • higher residential densities are permitted on arterial roads in close proximity to commercial areas; and June 28, 2010 - 2 - PD- 2010 -50 • Parcel 3 is designated Major Commercial and is part of the Niagara Square Retail District. Holding (H) symbols should be placed on Parcels 2 and 4 to ensure a Record of Site Condition is completed before development occurs and on Parcel 3 to ensure the developer enters into an agreement to contribute to Q.E.W. /McLeod Road interchange improvements and completes an Environmental Impact Statement. BACKGROUND Proposal Amendments are proposed for 4 parcels of land totalling 9.4 hectares ( 23.3 acres) on the west and east sides of Montrose Road, north of McLeod Road. The proposal is to reflect that certain lands owned by the City will remain parkland; provide for the lands on the west side of Montrose Road to be developed for apartment and /or townhouse use; and to allow a parcel on the east side of Montrose Road to be developed for commercial purposes. The lands are shown on Schedule 1. Parcel 1 is zoned Planned Shopping Centre Commercial (SC -653) which permits a variety of commercial uses. Parcel 1 is proposed to be rezoned Open Space (OS) to recognize that it will remain as public open space rather than be developed for commercial purposes. Parcel 2 is zoned Planned Shopping Centre Commercial (SC -653), in part, and Open Space (OS) in part. Parcel 2 is proposed to be rezoned a site specific Residential Apartment 5C Density (R5C) zone that would permit the land to be developed with apartment buildings up to 6 storeys in height, townhouses or group dwellings. Site specific provisions would require a lot frontage of 45 metres (147.6 ft.) and a rear yard setback of 6 metres (19.7 ft.) and would permit more than one building per lot. Parcel 3 is zoned a site specific Planned Shopping Centre Commercial (SC -701), which restricts its use to institutional uses, a place of entertainment, a public park and recreational uses. Parcel 3 is proposed to be rezoned to General Commercial (GC), which would permit the land to be used for a wide range of commercial uses. Site specific provisions would require a lot frontage of 60 metres (197 ft.), a front yard setback of 6 metres (19.7 ft.) and a landscaped open space strip 6 metres (19.7 ft.) wide along the front lot line. A holding (H) symbol would be applied to the land until the landowner has entered into an agreement to contribute funds to the improvement of the Q.E.W. /McLeod Road interchange. Parcel 4 (owned by McLeod Square Inc) is zoned SC -653. and is proposed to be zoned the same site specific R5C zone as Parcel 2. Site Conditions and Surrounding Land Uses Parcel 1 is part of the former City landfill and is marked by a rise of land due to recent soil movement as part of the land re- contouring. Parcels 2 and 4 have been cleared. Parcel 3 is vacant and abuts a steep treed slope on the east side. The Charnwood subdivision lies to the north of the parcels, north of the future park. Parcel 3 is bounded by the McBain Centre and skateboard park to the south, a wooded area to the east and Parcels 1, 2 and 4 to the west and northwest. June 28, 2010 Subied Land -5 SCHEDULE 1 LOCATION MAP a 0 11 Location: 4400 - 4424 Montrose Road Applicant: Marcel Dionne Inc. GAIAANGER -ST Amending the Zoning By -law No. 79 -200 1 2353 r vp, fight /11311 (Ov M Ali.17 are 1 - ally Moy 2010 PD- 2010 -51 AM- 2010 -010 June 28, 2010 NI 1' \I" E ) - 1"i t x"3 SCHEDULE 2 - 6 - il ret .7•1, - 4 j" VAy --t----_ = A-1 ' 4t7j . E ,-= 4 3 • I 4 % 11 ' S t - - Z 44 • 7 - -7- ,.1 ,'.“ 4 1 -- 1 ' \ w ' " & ' ,i , T i 3 3 . 1.g 1"- Tlit 4 0 f I,- .6- ,•,. _l_ _ ,! i2i,2. f f "i; i 5 -,,, ,,I - 0, , f_ r . .4 } ,0 32 4' \t„., 2V N4 O C ) S e._ D 'AS frrE C• 3 4 IS PD-2010-51 It June 28, 2010 - 3 - PD- 2010 -50 Circulation Comments Information regarding the proposed 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: Regional Municipality of Niagara No objections. The proposed amendment will provide for the development of vacant land into mixed commercial, residential and open space uses, which will contribute to intensification targets and the development of a complete community. As Parcels 2 and 4 are adjacent to a former landfill the City should place a holding (H) symbol on these parcels until the necessary Environmental Site Assessments, site remediation and filing of a Record of Site Condition have been completed. • Niagara Peninsula Conservation Authority No objections, however, Parcel 3 is adjacent to a significant woodland according to the Region's Core Natural Heritage Map. An Environmental Impact Study will be required to demonstrate that future development will not impact on the woodland. • Municipal Works No objections to the rezoning. An extension of sanitary, storm and water services to the lands will be required to service the lands. • Parks and Recreation No objections. It is intended the future Charnwood Park (Parcel 1 and the lands north and west of it) will be developed as passive parkland with the existing mature tree buffer along the north and west sides preserved. Park design will be determined through further consultation with the public. • Transportation Services, Legal Services, Fire Services, Building Services No objections. Neighbourhood Open House Two neighbourhood meetings were held, one on April 27, 2010 and one on May 19, 2010. A total of 4 residents attended the meetings to hear about the proposal and offer comments. No objections were expressed regarding the proposed rezoning. However, the members of the public had a number of questions and concerns about the proposed park, including drainage concerns behind dwellings on Charnwood Avenue, location of the entrance and parking for the park, and concerns about all- terrain vehicles accessing the park. In addition, one resident expressed concern about lighting impacts from the future Lowes store to the south of the subject lands. June 28, 2010 - 4 - PD- 2010 -50 ANALYSIS 1. Official Plan The Official Plan designates Parcels 2, 3 and 4 Major Commercial within the Niagara Square Retail District. Lands designated Major Commercial are intended to be primarily developed with a wide range of commercial uses that will strengthen this district's role as a regional retail shopping district. The use of commercial lands for residential developments is also permitted if they are surplus to commercial needs. Parcel 1 is on the boundary between the Major Commercial and Open Space designations and is interpreted to be Open Space. Lands designated Open Space are intended to be used for major public parks and other recreational uses. Developing Parcel 1 fora park use reflects the intent of the Open Space designation. The development of Parcels 2 and 4 for residential purposes complies with the Official Plan as follows: These lands are surplus to commercial need and cannot be incorporated into the proposed commercial development at Montrose and McLeod Roads due to the limited depth of these parcels. As such, multiple -unit residential use can be better accommodated on the land. • Residential units next to shopping centres will provide a market to support the commercial uses. The height and density in the proposed residential zone (up to 6 storeys and 100 units per hectare) is in keeping with Official Plan policies which call for more intensive residential development in proximity to Major Commercial Districts. This development would provide residents within walking distance to support businesses in the Niagara Square Retail District. • The proposed residential development is separated from low density residential areas to the north and west and will not impact on these areas. • The development has direct access to the arterial network as well as the City's transit system. Commercial traffic patterns will not be adversely affected by the development. The development of Parcel 3 for general commercial purposes will provide additional commercial opportunities to support and strengthen the Niagara Square Retail District. 2. Zoning By -law The application proposes Parcel 1 be rezoned Open Space (OS), Parcels 2 and 4 be rezoned a site specific Residential Apartment 5C Density (R5C) and Parcel 3 be rezoned a site specific General Commercial (GC) zone. The proposed OS zone for Parcel 1 is the same zoning that applies to the parkland to the north and west and reflects the intent of the City to develop this parcel as parkland. June 28, 2010 - 7 - SCHEDULE 1 LOCATION MAP pARCE L 3 ---41GIXOD 41111- MGAGID -RD Amending the Zoning By -law No. 79 -200 Location: East and West Sides of Montrose Road, North of McLeod Road Applicant: City of Niagara Falls and McLeod Square Inc. 1. 4.7:X, PD- 2010 -50 April 2010 AM- 2010 -009 June 28, 2010 - 5 - PD- 2010 -50 The R5C zone typically permits apartment dwellings up to 6 storeys in height and a density of 100 units per hectare. To provide flexibility in design and housing types, the site specific R5C zone proposed for Parcels 2 and 4 will also include townhouse dwellings and group dwellings (groupings of two or more apartment dwellings and /or townhouse dwellings) as permitted uses in accordance with the provisions of the R4 zone. A mix of apartments and townhouses in these parcels may provide an opportunity for a transition in use and design between commercial uses to the south and lower density residential further to the north. The proposed changes would permit between 200 to 400 dwelling units; the actual number of units which could be developed may be less due to the physical constraints of the parcels. The R4 and R5C standards require buildings to be set back from side lot lines a distance of 50% of the building height, require 40% of the area of a lot developed for an apartment dwelling to be landscaped and requires 45 square metres of landscaped open space per townhouse dwelling unit. These standards would provide a buffer from the commercial areas to the south and would provide amenity areas for residents in the development. In addition the following site specific provisions are proposed: To provide flexibility for residential developments it is recommended minimum lot frontage be increased from 30 metres to 45 metres and the rear yard depth be reduced from one -half building height or 10 metres for apartment dwellings and 7.5 metres for townhouse dwellings to 6 metres. As the parcels back onto parkland, there are no impacts caused by the reduction in the rear yard setback. Given the increase in minimum lot frontage it would be appropriate to permit more than one apartment building per lot as group dwellings. To ensure privacy is provided to future residents a separation distance of 19 metres between apartment buildings on the same lot (equivalent to the height of a typical 6 storey apartment building) is proposed. The proposed site specific GC zone on Parcel 3 would permit a wide range of commercial uses to support the Niagara Square Retail District. The following site specific provisions are proposed: To ensure lot sizes are of a sufficient size to accommodate the anticipated uses the minimum lot frontage will be increased from 6 metres to 60 metres. - As the GC zone does not require a front yard building setback it is recommended a front yard setback of 6 metres be introduced to provide adequate separation from Montrose Road. - A 6 metre wide landscaped open space strip adjacent to Montrose Road should be introduced to reflect the landscaping expected for this area and to enhance the appearance of the Niagara Square Retail District. June 28, 2010 - 6 - PD- 2010 -50 3. Holding (H) Symbol Parcels 2 and 4 are adjacent to the former City landfill site. Therefore, the necessary Environmental Site Assessments and a Record of Site Condition should be a requirement prior to any redevelopment with a residential use. As such, a holding (H) symbol will be applied to the zoning on the lands, which can be lifted once a Record of Site Condition has been filed. Parcel 3 is within the area over which Council applied a holding (H) symbol requiring landowners to enter into an agreement to make financial contributions to improvements to the McLeod Road/ Q.E.W. interchange. As well, the Niagara Peninsula Conservation Authority has advised that an Environmental Impact Statement is to be completed prior to development of this property to ensure the woodland to the east is not impacted. To reflect Council's earlier decision and ensure the Environmental Impact Study is completed, Parcel 3 should also be subject to a holding (H) symbol. CITY'S STRATEGIC COMMITMENT The requested zoning in part assists the City in selling surplus lands and therefore provides an alternative source of revenue for the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map Recommended by: k t 4 /-rY- Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Kan Todd, Chief Administrative Officer A.Bryce:mb Attach. S \PDR\2010 \PD- 2010 -50, AM- 2010 -009, City of Niagara Falls & McLeod Square Inc.wpd NiagaraFalls 4. \.004 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2010 -40 June 28, 2010 SUBJECT: PD- 2010 -40 AM- 2009 -024, Official Plan Amendment to Incorporate New and Updated Environmental Policies City of Niagara Falls That Council receive the additional input and refer to staff for appropriate revision and bring the Official Plan Amendment back for adoption at the July 19, 2010 Council meeting. The proposed amendment is being made to update the City's environmental policies and to bring them into compliance with Regional and Provincial documents. The amendment provides a more comprehensive approach to the protection of our natural areas by assessing them on a watershed basis and recognizing their interconnectivity. The Official Plan amendment with the inclusion of any modifications suggested to address comments received can be approved for the following reasons: The policies are in compliance with and implement Provincial and Regional Policies. The policies have been drafted with input from the Niagara Region, Niagara Peninsula Conservation Authority and the public through circulations and an open house. The Province has issued several pieces of legislation over the past few years that strengthen the protection of the environment including: updates to the Planning Act and the Conservation Authorities Act, Growth Plan and the Clean Water Act. The Region of Niagara passed amendment #187 which made comprehensive changes to the environmental and natural heritage polices of their Policy Plan. The environmental policies in the City's Official Plan have been in place, with minor amendments, since approval of the Plan in 1993. Recently, a number of environmental studies have been completed providing a better understanding of the City's natural heritage features. These include watershed plans and natural area inventories by the NPCA and new Wetland mapping by the Ministry of Natural Resources. The proposed amendment June 28, 2010 ANALYSIS /RATIONALE Land Use Designations - 2 - PD- 2010 -40 has been prepared based on a comprehensive approach to the protection and enhancement of the natural environment advocated through the updated Provincial Policy Statements, new Provincial Plans (Growth Plan), Regional environmental policies and new and updated environmental mapping by the Province. In May 2009, Council was advised through report PD -35 -2009 of Staff's intent to revise and introduce new environmental policies. Notice was given in early November for an Open House held on November 26, 2009 with draft policies available for review and comment Approximately 8 individuals attended representing environmental groups and a few land owners. Since May 2009, all reports, notices and public drafts including the draft policies attached to this report, have been posted on the City's website for public referral. Individuals and groups that had previously expressed an interest in being informed of meetings and reports regarding these particular policies, were directly notified about this public meeting and draft policies. The environmental mapping and policies presented retain and expand upon the current Official Plan approach to protect natural heritage features. An obvious difference between the current and proposed mapping is the inclusion of natural heritage areas that were previously referred to in the text of the Official Plan for protection but were not shown on the Schedules of the Plan. The updated mapping includes a significant amount of new heritage features mapped by the Province and Region. The relevant environmental policies of the current Official Plan and the updated policies are reorganized so that all policies regarding natural heritage are contained within one section. The environmental policies consist of two subsections: the Natural Heritage System; and Land Use Designations. The Natural Heritage System contains general policies which apply to areas both within and outside of the environmental land use designations to ensure the environmental health of the City as a whole. The Land Use Designation Section defines the natural heritage features, permitted land uses and protection measures for the areas designated for Environmental Protection or Environmental Conservation. The 2007 Provincial Policy Statements (PPS) established stricter protection of certain natural heritage features by prohibiting site alteration or development within Provincially Significant Wetlands, significant habitat of endangered species and threatened species and fish habitat. The PPS also dictates that site alteration or development within significant woodlands, significant wildlife habitat and significant areas of natural and scientific interest or on lands adjacent to any natural heritage feature is prohibited unless it has been demonstrated that there will be no negative impacts on natural features or their functions. June 28, 2010 Currently there is one land use designation in the Official Plan, the 'Environmental Protection Area' which applies to wetlands, Areas of Natural and Scientific Interest, hazard lands, organic soils and steep slopes. The mapping of the Environmental Protection Area was limited to floodplains, some fish habitat and environmentally sensitive areas (as shown in the previous version of the Regional Policy Plan). Several natural heritage features, although referred to in the text of the Plan, were not identified on Schedule A including: identified wetlands, habitat of threatened or endangered species, significant woodlands, and additional fish habitat. The draft policies propose the splitting of the existing designation into two: an Environmental Protection Area (EPA) designation where no site alteration /development is permitted; and an Environmental Conservation Area (ECA) designation where some site alteration /development may be permitted where supported by the appropriate studies. The proposed EPA and ECA designations compare as follows: Environmental Protection Area (EPA) Natural heritage • Provincially Significant features Wetlands and NPCA wetlands greater than 2 ha in size and their adjacent 30 m buffers • Provincially Significant Life ANSIs • Significant Habitat of threatened or endangered species • Fish habitat • Floodplains • Erosion hazards Permitted uses • Development/site alteration is not permitted • New uses may include fish, forest or wildlife management, flood or erosion control projects, small scale recreation (trails, footbridges, picnic facilities) • the continuation of existing uses - 3 - PD- 2010 -40 Environmental Conservation Area (ECA) • Significant woodlands • Valleylands • Wildlife habitat • Life and Earth ANSIs • Locally significant wetlands • Sensitive ground water areas • Development/site alteration is permitted only if environmental studies indicate no adverse impact on natural areas • New uses permitted are those under the EPA designation plus ancillary uses such as parking areas, interpretive centres, conservation area shelters, essential utility structures June 28, 2010 - 4 - PD- 2010 -40 Adjacent Lands The amendment provides policies for adjacent lands. Adjacent lands as defined in the Provincial Policy Statement are those lands contiguous to a natural heritage feature where development may have an impact on that feature or its function. The extent of adjacent land is generally based on recommendations issued by the Ministry of Natural Resources. The current Official Plan contains some of these adjacent lands limits within the text of the document. The amendment identifies the extent of the adjacent lands on a proposed new schedule to the Official Plan - Schedule A -1 - Natural Heritage Features and their Adjacent Lands (see Appendix 2). The purpose in showing the adjacent lands on a schedule is to provide a visual reference to where studies may be required prior to development as well as to provide for implementation through the City's Zoning By -law. The adjacent lands is treated as an 'overlay' layer where existing Official Plan designation continue to apply however development is flagged for its potential impact on the natural area. General Policies The general polices that apply to both of the above land use designations recognize that the mapping of the natural features may be further refined through site specific environmental mapping produced as part of a planning application. Where the mapping change is minor, an amendment to the Official Plan will not be required. Mapping The EPA and ECA designation mapping layers have been produced from the most recent mapping received from the MNR (Wetlands); NPCA (NPCA wetlands, fish habitat, floodplains, erosion hazards, creeks) and the Region (signficant woodlands). The EPA and ECA mapping, as well as the adjacent lands mapping represent an amalgamation of the individual natural heritage features in the City based on their level of protection. The proposed new Appendices (IIIA -IIID, inclusive) detail the individual mapped features and the accompanying adjacent lands and is based on data received from the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Niagara Region. The Appendices do not form part of the Official Plan but are provided for clarity and understanding when interpreting the policies. The Ministry of Natural Resources (MNR) wetland mapping was finalized in January of 2010. Since the wetland mapping is produced at the Provincial level changes to the wetland boundaries must be done at the Provincial level. A number of both provincially and locally significant wetlands have been added to the City's inventory, especially within the Willoughby area, east of the QEW and south of the Welland River where wetland mapping did not previously exist. Staff are aware of two circumstances where discussions are underway between the property owners and the Province regarding the exact extent of the wetland: Heartland Forest, south of Brown Road and Lyon's Creek Road, west of the QEW interchange. These areas have been identified on the draft schedules as "deferred" with a text notation pending confirmation of wetland boundaries by MNR. Updated mapping for the Niagara Falls Slough Forest Complex south of Ramsey Road was forwarded to the City subsequent to the notice of Public Meeting consequently these wetlands were not shown on the mapping circulated for public comment. These updates are, however, shown on the mapping accompanying this report as Appendix 2. June 28, 2010 - 5 - PD- 2010 -40 Natural Heritage System The policies of the Natural Heritage System provide for: Watershed Planning which is the assessment and identification of natural heritage features, their interdependence, connectivity and function at a watershed scale. Appendix I I I -E of Appendix 2 identifies both completed watershed plans and plans currently underway within the City. The Watershed Plans will guide the management of water, land /water interactions, and water quality for future land uses. Environmental Impact Studies which are required for development proposals located on or adjacent to identified natural heritage features. Where a watershed (or subwatershed) plans exists, the studies must show how the recommendations of the watershed plan will be implemented. Corridors and Linkages which are connections between pockets of natural areas, such as water channels, hedgerows or rail corridors, that are to be maintained or created to protect diversity and support the interdependence of natural heritage features. Possible corridors are shown on Appendix III -E. Future studies may identify additional corridors and linkages, or if needed, alternative corridor locations. Water Quality protection in response to recent Provincial initiatives such as the Clean Water Act and the water protection polices of the Provincial Policy Statements. Revised policies provide further direction detail regarding the protection of water resources and possible water conservation methods, storm water management plans, and buffer and setback distances from wetlands and waterways. These policies may be amended upon completion of the Source Water Protection Plan being undertaken by the NPCA. Woodland and Forestry Resources protection through the encouragement of the retention of trees in all areas of the City beyond those considered under the ECA designation as 'significant woodlands' through good stewardship, use of tree conservation bylaws and, where development is being considered, tree savings plans. The draft policies contain provisions for Council to consider the development of a Policy and Procedural Guideline for a compensation program for trees destroyed prior to development approval. Other Changes References to the Environmental Policies have been updated throughout the remainder of the Official Plan to accommodate the proposed policies and mapping. Implementation The lands designated EPA or ECA will have to be placed in corresponding zones in the City's Zoning By -law. All lands which have been identified as 'adjacent lands' in Schedule A -1 will be subject to an "H" - holding provision. This means that proponents of development or site alteration on adjacent lands will be required to prepare and obtain approval of an environmental impact study that shows how the development/site alteration will not have a negative impact on the natural heritage feature(s) or its function. Once approved, the "H" provision may be lifted, in whole or in part, from the zoning without public meeting or cost to the applicant. June 28, 2010 - 6 - PD- 2010 -40 Environmental Impact Studies will be accepted by the City, in consultation with the NPCA and the Region for those properties within or adjacent to ECA lands that are located within the urban area boundary and by the Region, in consultation with the City and NPCA for all remaining lands including EPA lands within the urban area. It is due to the provincially significant features located within the EPA areas that the Region, having the Provincial Review responsibility, will be the governing body to accept the environmental studies with in and adjacent to them. Comments Received to Date The attached chart labelled Appendix 1 lists out the comments submitted on the draft policies circulated with the Notice of Public Meeting (and attached as Appendix 2). These comments have been reviewed and Staff's response to them is included in the chart. Suggested changes would be incorporated into the draft policies when forwarded to Council for adoption. Comments received at this evenings meeting will also be considered in the preparation of the amendment prior to Council. CITY'S STRATEGIC COMMITMENT The draft policies build on the Official Plan's commitment to `the protection of natural resources including agricultural land and environmentally sensitive areas'. They also update the policies in conformity with upper tier policies in the Regional Policy Plan and the Province's Policy Statements, Growth Plan and other Provincial Plans LIST OF ATTACHMENTS • Appendix 1 - Comments received on or before June 11, 2010 • Appendix 2 - Draft Policies and Schedules Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Kepi Todd, Chief Administrative Officer F Berardi:mb Attach. S \PDR\2010 \PD- 2010 -40, AM- 2009 -024, Official Plan Amendment Update Environmental Policies.wpd June 28, 2010 - 7 - PD- 2010 -40 APPENDIX 1 AM- 24/2009 - Comments received on or before June 11, 2010: LCA Consultants (5/6/10) Antonietta Roccosanto (5/31/10) COMMENTS re: Heartland Forest Resort (Phase 1) • a 2001 EIS was completed which identified the limits of the Provincially Significant Wetlands on site which are different than the new wetland limits mapped by MNR • in discussions with MNR to confirm limits prior to approval of the Garner South Secondary Plan Greenwillow re: Montrose at Lyons Creek Ecological Road (Cuviello) Consultants • they are in the process of (5/27/10, refining the extent of the PSW 6/14/10) on the lands and will be meeting with MNR on June 11 which is beyond the time limit for comments; • (update) revised mapping may be available over the next few weeks. re: Sommerville Road at Willoughby Road • objects to the increase in EPA designation on their lands over previous plans and suggests that the protected area of land on the airport lands has been reduced. • requests that the 2001 mapping of the Official Plan remains. Municipal • Section 12.1.27 -the requirement Works, City for studies where development/ (6/9/10) site alteration may impact on water quality or quantity, should be made by the City in consultation with the appropriate agencies (NPCA, MNR) RESPONSE • a special notation 2 of deferral has been placed on the Heartland Forest lands (see Proposed Changes to Schedule A map) • a Special Notation 1 of deferral has been placed on the land (Proposed Changes to Schedule A map) • the updated mapping of the MNR and NPCA should be applied on these lands consistent with other lands. • the MNR had never previously studied and prepared wetland mapping for lands east of the QEW therefore wetlands, although existing, where never identified on mapping and had to be assessed at the time of a development application • new floodplain mapping has actually increased the protected area on the airport lands • modification to be made June 28, 2010 - 8 - PD- 2010 -40 Urban & Environmental Management Inc. (6/10/10) Jean Grandoni (12/10/09; 06/11/10) • Section 2.1 33 - who will determine that a permit to take water is necessary? • in Part 3, Section 5, Policy 5.3 5, the City should do more than 'encourage' the protection of trees, conditions of approval could include the preservation of existing trees • Mapping: would like the Thundering Waters area to be represented solely with the EPA designation applied to Provincially Signification Wetlands and to exclude the mapping of all other natural heritage features including woodlands, fish habitat, adjacent lands to wetlands along the Welland River • Section 12.1.18 - the definitions and differences between adjacent lands and buffers should be clarified • Section 12.1.21 - the differences between and full Environmental Impact Study (EIS) and a scoped EIS, and when they are required, should be added. It appears that full EIS's are required in all cases and scoped EIS's are required, not independently on small scale development, but as a further refinement to the full EIS • some forested areas between Niagara Falls and Thorold have been omitted • permits to take water are given by MOE who may require NPCA approval with regard to water quantity and consultation with local municipality with regard to land use approvals of the water taking facility. • policy to be clarified • Part 3, Section 5, Policy 5.3.5 - the policy will be modified in the first sentence to read "The City may require the preservation and the incorporation of existing trees, hedgerows, windbreaks, vegetation, green areas and topography and other natural areas into the design and landscaping plans as conditions of development approval." • the MNR has recently completed the mapping of the Niagara Falls Slough Forest Wetland Complex in consultation with the proponents of the Thundering Waters Secondary Plan. MNR has confirmed that the study was restricted to wetland delineation only and not to woodlands or other natural heritage systems or functions. • staff acknowledge that this area is subject to a Secondary Plan process and implementing Planning Act applications. • modifications will be made • modification to be made • some of the forested area shown within the City's Wooded and Treed area Inventory has not been identified by the Region as meeting the criteria for significant woodland The draft text refers to the protection of wooded stands that are not deemed to be significant woodland through the Region's mapping and will remain shown on Appendix III of the Official Plan as exists. June 28, 2010 - 9 - PD- 2010 -40 Niagara Peninsula Conservation Authority (06/14/10) • reference to the climatic impact of valleyland should be made. • watershed plan policies should be strengthened to require them prior to all classes of development including special policy areas. • hedgerows are not mapped in the Northwest or Beaverdams Community • watershed plans must precede stormwater management plans • changes to any environmental mapping (including wetlands, floodplains) should be publicized. • beekeeping should be added as an important activity. • inaccurate classification of • wetlands. • forested area behind the Factory Outlet Mall omitted. • historical sites • 12 1.3 we would recommend replacing the words "minimize potential adverse" with "ensure no negative" in order to be consistent with the PPS and Regional Environmental Policies. • 12.1.23 we would suggest that this section make reference to contiguous woodlands and wetlands also providing corridor functions across the landscape. • the City may consider adding some general wording regarding water intact protection zones. The Source Water Protection Plan is not expected to be approved until 2012 • the definition of valleylands has been taken from the PPS. Planning staff are not qualified to make a statement about the importance of a valleyland on local climatic conditions. • special policy areas are those that require specific policies on a specific property or area only. This process is not intended for watershed plans that cover large areas of land • protection is through text as the City does not have studies to identifies all hedgerows • the NPCA has advised that full watershed plans are not always required. • the City does not have jurisdiction over the notification policies of other agencies. • no changes needed - beekeeping is an occupation not a natural heritage feature. MNR responsibility; this letter will be forwarded to MNR for their information. • lands were zoned OS through site specific zoning but are not identified as Significant Woodlands under the Region's criteria. • forwarded to the City's Heritage Planner. • modification to be made • the terms `contiguous woodlands and wetlands' can be added to the first sentence of the policy. • modifications to be made when the Source Protection Plan is completed June 28,2010 - 10 - • 12.1.32 - does the term "key hydrologic feature" refer to the Greenbelt Legislation? (it does not appear to be defined in the OP policy). • 12.1.33 - Could you please add the NPCA as an approval agency here? The NPCA is a commenting agency on MNR Permit to take Water. • 12.2 4 - not sure of the purpose of the "holding" provisions in light of Section 12.2 2 • 12.2.12 - suggest that fish habitat be placed within the ECA category as development within and adjacent to is not strictly prohibited in either Regional or NPCA policy. • The 30 metre EPA designation for buffers around all Provincially Significant Wetlands may be viewed as restrictive. NPCA policy provides for some limited development or site alteration within 30 metres provided it is a replacement or addition, deck or accessory structure and it has been demonstrated that it will not result in a negative impact • 12.2.14 - the difference between major and minor development and site alteration should be quantified if it will be used to exclude the need for an EIS • 12.2.16 - the buffer areas adjacent to fish habitat would be more appropriately designated as simply adjacent lands, or ECA. Also, a 30 metre EPA buffer requirement for all fish habitat in all circumstances is likely overly restrictive - both the NPCA and the Region have 30 metre and 15 metre requirements depending on the type of fish habitat classified on site, and allow for some encroachment within these buffers through the review and approval of an EIS • to be reviewed and revised PD 2010 - 40 • NPCA as possible approval agency will be added. • clarification to be provided to NPCA (Official Plan vs Zoning) • will consider moving fish habitat to ECA. It was included within the EPA since the PPS prohibits development or site alteration within fish habitat unless permitted by federal or provincial agencies • the draft policies do allow extensions of existing uses within the buffer • the intensity of development cannot be quantified in the policies since impact will be dependant on the specific on -site conditions and will vary from feature to feature. • see 12.2 12 • 30m shown as adjacent lands, Important and Critical Fish setback will be reduced to 15m June 28, 2010 -11 - PD- 2010 -40 APPENDIX 2 City of Niagara Falls Official Plan Environmental Policies Draft - April 2010 1. PART 2 - LAND USE POLICIES, SECTION 12 - Environmental Protection Policies is deleted in its entirety and replaced with the following: SECTION 12 - ENVIRONMENTAL POLICIES 12.1 NATURAL HERITAGE SYSTEM Preamble Awareness of the connection between the natural environment and human health has increased in recent years and have been translated into land use planning through more stringent environmental policies at the Federal, Provincial and Local levels. Through the implementation of the policies of this Plan, the City intends to play a major role in the protection and conservation of resources. Niagara Falls has an abundance of natural heritage features due to its location between two Great Lakes and along the Niagara River. The City is within the northerly extents of Carolinian Forests in Canada which boasts a high number and diversity of plant and wildlife. The conservation and wise use of natural resources is important to ensure that clean air and water will be part of the City's future. It is recognized that natural heritage features do not exist in isolation and that the health of these features is intrinsically connected and dependant on the health of heritage features both near and far away. Consequently the function of the natural heritage system shall be assessed on a watershed scale, exceeding lot boundaries, and in some cases, municipal boundaries. Within each watershed area, subwatershed plans and environmental impact studies will be utilized to identify, assess and protect the City's flora, fauna and water resources not only on a site specific, but also on a cumulative basis. General Policies 12.1.1 The City supports an ecosystem approach to the identification, protection and enhancement of our natural heritage resources that addresses: a) the interrelationships between air, land, water, plant and animal life, and human activities; b) the health and integrity of the overall landscape, within and beyond the City's boundaries; c) the long term and cumulative impacts on the ecosystem. 12.1.2 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural heritage features resources within the municipality in accordance with environmental and natural resource management legislation. June 28, 2010 -12 - PD- 2010 -40 12.1.3 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of Niagara prior to commencing work of any kind on or adjacent to an area containing natural heritage resources in order to determine the means by which to minimize potential adverse impacts. 12.1.4 Schedules A and A -1, along with Appendices III -A, III -B, III -C, III -D and III -E to this Plan detail the natural heritage features that are located within the EPA or ECA designations of this Plan as well as linkages and natural corridors, water resources, Municipal Drains and other natural heritage features. 12.1.5 When considering development or site alteration within or adjacent to a natural heritage feature, the applicant shall design so that there are no negative impacts on the feature or its function within the broader ecosystem. Actions will be undertaken to mitigate any unavoidable negative impacts. 12.1.6 The Natural Heritage Policies shall apply when development or site alteration is proposed on lands within the City that are adjacent to a natural heritage feature identified within the Official Plan of a neighbouring municipality, the Regional Niagara Policy Plan or by the Ministry of Natural Resources. 12.1.7 Prior to undertaking major public work projects on or adjacent to an area containing natural heritage resources, the City shall consult the Ministry of Natural Resources and /or the Niagara Peninsula Conservation Authority, as appropriate, in order to determine what design requirements or modifications may be necessary to eliminate or minimize any potential adverse impacts. 12.1.8 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 12.1.9 The City will collaborate with the Niagara Region and the Niagara Peninsula Conservation Authority and other appropriate stakeholders, in developing and maintaining an environmental data base and monitoring program to assess ecosystem health and integrity and recommend improvements. 12.1.10 The policies of the Natural Heritage System shall apply to protect any natural heritage feature regardless of the land use designation applying to such feature in this Plan. 12.1.11 To discourage interference with the function of a natural heritage feature or its buffer area, the proponent of new development located adjacent to a natural heritage feature may be required by the Director of Parks & Recreation, to construct a fence in compliance with the City's Development Guidelines. June 28, 2010 -13 - PD- 2010 -40 Watershed Planning 12.1.13 The City recognizes the watershed as a meaningful scale to integrate water management, natural heritage management and land use decisions. A watershed plan provides a broad assessment of the natural environment and the interconnections between features extending beyond lot boundaries and municipal boundaries and shall be utilized as a guide for more site specific studies such as subwatershed plans, drainage plans and environmental impact studies. 12.1.14 The City will participate with the Region and the Niagara Peninsula Conservation Authority in the preparation of watershed studies in consultation with landowners, community groups and other public agencies. 12.1.15 Where a watershed plan has been completed, applications for draft plan of subdivision /condominium or site plan approval shall demonstrate, through required studies such as an environmental impact study, drainage plan or a subwatershed plan, how the proposed development will comply with the objectives, targets and recommendations of the watershed plan. 11.1.16 A subwatershed plan may be required through secondary plans, neighbourhood plans or for large scale developments that require an amendment to this Plan, whether or not a watershed plan exists, to provide specific guidance on the means to protect, restore and rehabilitate natural resources and to provide a framework for integrating environmental concerns into the land use development process in context of the watershed area. 12.1.17 The location and extent of completed watershed and subwatershed plans are shown on Appendix III -E of this Plan. Environmental Impact Studies (EIS) 12.1.18 An EIS shall be required as part of a complete application under the Planning Act for site alteration or development on lands: a) within or adjacent to an Environment Protection Area or Environmental Conservation Area as shown on Schedule A or A -1; or b) that contain or are adjacent to a natural heritage feature. 12.1.19 An EIS required under this Plan shall: a) include a Terms of Reference, reviewed by the City, Region and, where appropriate, the Niagara Peninsula Conservation Authority, that outlines the scope of the study; b) be prepared and signed by a qualified professional; c) be to the satisfaction of the City of Niagara Falls, in consultation with the Region and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to ECA within the Urban Area Boundaries; and d) be to the satisfaction of the Region, in consultation with the City and the Niagara Peninsula Conservation Authority, for the remaining areas. 12.1.20 An EIS required under this Plan shall be prepared in accordance with the Environmental Impact Study Guidelines adopted by Regional Council. June 28, 2010 Environmental Corridors & Ecological Links Water Resources -14 - PD- 2010 -40 12.1.21 The City, in consultation with the Region and the Niagara Peninsula Conservation Authority, may require a scoped EIS in place of a full EIS for developments to address specific issues such as encroachment into a natural area, potential impact on a natural heritage feature or the degree of sensitivity of the natural area. A scoped environmental impact study is an area specific study that addresses issues of particular concern not previously addressed in sufficient detail in a comprehensive study 12.1.22 An EIS is not required for uses authorized under an Environmental Assessment (EA) process carried out in accordance with Provincial or Federal legislation. However, where, in the opinion of the City, Region or NPCA a specific environmental issue has not been addressed under the EA, or more detailed information is needed to properly assess the impact of a proposal made under an application to the Planning Act, a scoped EIS maybe required. 12.1.23 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, creeks, hedgerows, and service corridors. The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with Niagara Peninsula Conservation Authority Regulations. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. 12.1.24 Corridors and linkages can be identified through Watershed Plans, the Regional Policy Plan and environmental impact studies and are shown on Appendix III -E to this Plan. Where specifically defined through an EIS or other natural heritage study or plan linkages and corridors shall be protected through use of an appropriate zone in the City's Zoning By -law. 12.1.25 Development or site alteration in or near a natural heritage feature should be designed to maintain and, where possible, enhance the ecological functions of existing linkages. If necessary an alternative corridor may be created through the development process that will function as an ecological link between all natural heritage features in the area (water, wildlife, flora). Alternative corridors must be supported by an EIS that is reviewed and approved by the NPCA, Region and City. 12.1.26 On privately owned lands, the City will support and encourage the use of conservation agreements to maintain, enhance or restore linkages between plant and animal species habitat and to protect and improve water quality and quantity; and the management of watersheds. 12.1.27 Development or site alteration shall not have an adverse impacts on ground or surface water quality or quantity. The City may require a hydrogeological study or an environmental assessment for development or site alteration for any proposal that may impact, either locally or cross - jurisdictionally, on. June 28, 2010 -15 - PD- 2010 -40 a) the quantity and quality of surface and ground water; b) the functions of ground water recharge and discharge areas, aquifers and headwaters; c) the natural hydrologic characteristics of watercourse such as base flow; d) surface and ground water such that other natural heritage features are negatively affected; e) natural drainage systems and stream forms; and f) flooding or erosion. 12.1.28 The City shall utilize water conservation measures in an effort to reduce water consumption through such programs as water meters and rain barrel programs. 12.1.29 The City supports the efforts of the Province, Region and private property owners to improve water quality by the reduction of pollution sources through legislation, programs and guidelines and: a) will endeavour to maintain City owned lands without the use of harmful pesticides and herbicide. b) will encourage the participation in design with nature programs such as the Audobon Cooperative Sanctuary Program for Golf Courses that provides guidance for the protection, rehabilitation and enhancement of open spaces through environmental planning, wildlife /habitat management, chemical use safety, water conservation, water quality management and education. c) will continue to refuse downspout connections to the sanitary or combined sewer and follow up on violations. d) will continue with the program to disconnect weeping tiles from the sanitary sewer system with an aim to implement the program City wide. e) the progressive elimination of combined sewer overflows. f) will continue to pursue other programs to protect water quality. 12.1.30 A stormwater management plan and a sediment and erosion control plan may be required at the discretion of the NPCA as part of a complete application under the Planning Act based on the scale and nature of the proposal and the site specific environmental conditions. These plans shall not be required for a new mineral aggregate operation or an expansion to an existing operation where these matters are adequately addressed through studies prepared to meet the requirements of the Aggregate Resources Act. 12.1.31 A stormwater management plan shall demonstrate that the proposal will minimize vegetation removal, grading and soil compaction, erosion and sedimentation, and impervious surfaces. Where a watershed or subwatershed plan exists, the stormwater management plan shall implement the recommendations of such plans. The Stormwater Management Plan shall be prepared and signed by a qualified engineer. 12.1.32 Stormwater management facilities shall not be constructed within a key hydrologic feature. A stormwater management facility may be permitted in accordance with Land Use Polices of this Section only where it has been demonstrated that there will be no impact on any natural heritage feature or the function of the natural heritage system. June 28, 2010 -16 - PD- 2010 -40 12.1.33 Prior to any planning approval, new development applications requiring a Provincial Permit to Take Water shall satisfy the City and the Region of Niagara that the water taking will not have negative impacts on natural ecosystems or the quality and quantity of water to meeting current and future uses. 12.1.34 Municipal Drains may include engineered and natural watercourses. Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices and may require a permit from the Niagara Peninsula Conservation Authority to avoid detrimental effects on farmland or water resources, natural areas or wildlife habitat or the mitigation of any negative impacts. 12.1.35 Development or site alteration adjacent to any hydrologic feature such as valleylands, stream corridors or Municipal Drains shall be setback from the stable top of slope in accordance with the Regulations of the Niagara Peninsula Conservation Authority. The required setback shall be protected through the implementing zoning by -law. 12.1.36 The City may consider a reduced setback from the top of slope within an urban area where an existing lot provides insufficient depth to accommodate the required setback and where a geotechnical report, supported by the Niagara Peninsula Conservation Authority, finds that there are mitigative measures that will maintain long term bank stability with no adverse environmental impacts and will not create new hazards or increase existing ones. In no case shall development or site alteration be permitted below the top of the valley bank. 12.1.37 Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and, where applicable the Region of Niagara and the Niagara Parks Commission. Woodlands and Forestry Resources 12.1 38 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal. The City shall place a high priority on the protection of these features. 12.1.39 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams under the Environmental Conservation Area designation. The protection of land adjacent to woodlands, water features and other natural heritage features by retaining the buffer in a natural state shall also be undertaken through these policies. 12.1.40 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: i) The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. June 28, 2010 -17 - PD- 2010 -40 12.1.41 ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. v) Permitting the continued management and selective harvesting of forest resources, where appropriate. vi) The use of native trees in development design. The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By -law or any similar municipal by -law. 12 1.42 Good stewardship of urban woodlots and forested areas shall be promoted. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas. 12.1.43 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. A Tree savings plan may be requested as a condition of development. 12.1.44 City Council may consider the preparation of Policy and Procedural Guidelines for a formal compensation program that would outline the level of compensation required for the removal of a tree either in terms of the replanting of trees on site or elsewhere in the community, or the monetary equivalent of the tree(s) lost to be applied towards the planting of trees on public lands elsewhere in the community or city. 12.1.45 Land owners in Good General Agricultural and Rural /Agricultural areas as well as the Niagara Escarpment Area shall be encouraged to recognize the forest resource as both a source of income from various forest products and as an important element in providing essential soil and water conservation benefits. In this respect, land owners shall be encouraged to carry out the following. i) Employ proper forest management practices in consultation with the Ministry of Natural Resources and within the Niagara Escarpment Plan Area in accordance with applicable Ontario Regulations. ii) Retain existing tree cover wherever possible. iii) Discourage the grazing of livestock within woodlots. iv) Provide for the reforestation of non - productive or abandoned farmland. v) Apply for tax reduction programs and other benefits associated with the protection and management of woodlots. vi) Maintain or establish tree and shrub cover on soils of low agricultural capability and in hazardous areas such as steep slopes and flood prone areas, in order to reduce water runoff and minimize soil erosion. June 28, 2010 -18 - PD- 2010 -40 Soils 12.1.46 The City shall regulate the fill, topsoil Removal or site alteration through a by -law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. Site alteration or development which may result in flooding and erosion, property damage, poor water quality, degradation of farmland and adverse impacts on natural areas the dumping or placing of fill, and the grading of land shall not be permitted unless in compliance with the City's Fill, Topsoil Removal or Site Alteration By -law and where the site alteration /development is proposed through a planning application under the Planning Act, no site alteration shall occur until all required studies under Part 4, Section 14 of this Plan have been approved. Mineral Resources 12.1.47 The City recognizes the importance of ensuring the availability of an adequate supply of mineral aggregate for future use. Potential mineral resources, as identified in the Regional Niagara Policy Plan and the Ministry of Natural Resources Niagara District Land Use Guidelines, shall be protected by restricting land uses in these areas to those which do not preclude the option of future aggregate extraction. 11.2 ENVIRONMENTAL PROTECTION AREA (EPA) AND ENVIRONMENTAL CONSERVATION AREA (ECA) Preamble The City boasts a rich natural heritage base with a number of wetlands and Carolinian forests that provide habitat for a diversity of animals and plants that is among the highest in Canada, including threatened, endangered and rare species. In addition to this is the Niagara River, Falls and gorge which is a major natural heritage system within itself into which the majority of the city's creeks and waterways drain. The City also contains areas that are significant at a provincial level for their contribution to life and earth science. It is the aim of this Plan to protect, maintain and enhance the important ecological and environmental features within the City. Areas designated EPA are to receive the highest level of protection with policies that prohibit development or site alteration. The Environmental Conservation Areas are important natural heritage areas where some restricted development or site alteration may occur if supported by an environmental impact study. The individual features protected through the EPA and ECA designations are most often interconnected through their location and function. The functions of the natural heritage features within the ecosystem are to be identified, maintained and, if at all possible, improved as identified in studies required through the planning process identified in Section 12.1 Other Environmental areas may exhibit naturally- hazardous conditions such as flood and erosion susceptibility, instability or any other physical condition which may pose a risk to occupants, loss of life, property damage and social disruption. It is the intent of these policies to identify these areas and guide development adjacent to them. The schedules to this Plan identify those heritage features that were identified at the time of policy approval. New features that are identified subsequently will still be subject to protection through these policies. June 28, 2010 The Environmental Protection and Conservation Areas provide opportunities for scientific research, conservation and education. These policies aim to preserve natural heritage features for this purpose and for ensuring that the quality and quantity of our water, plant life, animal life, air and soils are improved for our present health and the health of future generations. General Policies -19 - PD- 2010 -40 12.2.1 Development and site alteration, where permitted under the following designations, shall be subject to the natural heritage system policies of Section 12.1. 12.2.2 In considering development proposals on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 12.1.18 to 12.1.21. Adjacent lands are illustrated on Schedule A -1 to this Plan. 12.2.3 The limits of the EPA and ECA designations and their adjacent lands may be expanded or reduced from time to time as new environmental mapping and studies are produced by the Ministry of Natural Resources or the Niagara Peninsula Conservation Authority or through site specific applications where produced by qualified environmental consultants and approved by the Niagara Peninsula Conservation Authority. Where an Environmental Impact Study has concluded that an expansion to the EPA designation or its adjacent lands is warranted by the identification of a significant natural feature /function or habitat, the Official Plan shall be amended to appropriately reflect the areas to be protected. Minor reductions or minor expansions to the limits of EPA or its adjacent lands on Schedule A may be made without amendment to this Plan. 12.2.4 A holding provision may be utilized through the City's Zoning By -law to require the completion and approval of an environmental impact study prior to any development on adjacent lands. The NPCA shall be consulted regarding the removal of any Holding provisions. 12.2.5 Where, through a review of a planning application, it is found that there are important natural heritage features, habitats or functions that have not been adequately evaluated, the City shall require that the applicant have an evaluation prepared by a qualified biologist in consultation with the Region, the City and, where appropriate, the Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. 12.2.6 Where permitted elsewhere in this Plan, new lots adjacent to an EPA or ECA designation shall not extend into either the area to be retained in a natural state or its buffer area as identified and approved through an Environmental Impact Study. The natural heritage features and buffer areas are to be maintained as a single block and zoned appropriately in the City's Zoning By -law. 12.2.7 Stormwater management facilities shall not be constructed within an EPA. A stormwater management facility may only be permitted within an ECA or on lands adjacent to an EPA or ECA only where it has been demonstrated that there will be no impact on any natural heritage feature or the function of the natural heritage system. June 28, 2010 - 20 - PD- 2010 -40 12.2.8 Essential public uses of a linear nature including utilities, communication facilities and transportation routes may be permitted to extend through an EPA or ECA designation, or within adjacent lands, where an Environmental Assessment for the proposed use has been approved under Provincial or Federal legislation. 12.2.9 Notwithstanding the following policies existing agricultural uses may continue within the EPA or ECA designations and their adjacent lands. 12.2.10 The City shall work with various provincial agencies and other groups in the protection of identified areas of natural and scientific interest. The educational, interpretive and recreational values of these resources shall be preserved by limiting development and surrounding land uses to those of a compatible nature. 12.2.11 Where development is permitted within an ECA or on adjacent lands existing natural linkages between the lands designated ECA and EPA lands, other designated or non - designated natural heritage features shall be maintained. Linkages are identified as Potential Natural Heritage Corridors on Schedule A -1 to this Plan and are approximate. The exact limits of such linkages shall be assessed and approved through an Environmental Impact Study through development applications or natural area inventories. New linkages, where needed, should form part of applications for development through a land use designation or easement. ENIVIRONMENTAL PROTECTION AREAS (EPA) 12.2.12 The EPA designation shall apply to Provincially Significant Wetlands, NPCA regulated wetlands greater than 2ha in size, Provincially Significant Life ANSIs, significant habitat of threatened and endangered species, fish habitat, floodways and erosion hazard areas and environmentally sensitive areas. Development or site alteration is not permitted, within 30 metres, as a minimum, of a Provincially Significant Wetlands consequently, for clarity of the designation mapping, this buffer has been included within the EPA designation. 12.2.13 Development or site alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions. 12.2.14 Minor expansions to an existing legal non - conforming use within the EPA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require an Environmental Impact Study as part of a complete application. June 28, 2010 - 21 - PD- 2010 -40 12.2.15 Endangered and Threatened species are identified through lists prepared by the Ministry of Natural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. 12.2.16 Notwithstanding the above policies, development and site alteration may be permitted within fish habitat in accordance with Provincial and Federal requirements. The lands adjacent to fish habitat have been designated EPA in this Plan with the intention of providing a vegetative buffer and riparian areas along the water channel for protection from soil or chemical runoff and to stabilize water temperature. For the purposes of fish habitat the adjacent lands are defined as 30m from the stable top of bank. Where a site specific study has identified a setback for a protective buffer for fish habitat, this setback shall be reflected in any implementing zoning by -law Not all fish habitat have been evaluated and mapped and may, therefore, not be reflected on Schedule A -2 to this Plan. Fish habitat may be identified by the Niagara Peninsula Conservation Authority through preconsultation. Where this is the case, the fish habitat policies of this Plan apply. HAZARD LANDS 12.2.17 Natural hazard lands, including floodplains and erosion hazards, are included within the EPA designation because of their inherent risks to life and property. Natural hazard lands where identified by the Niagara Peninsula Conservation Authority or any study required under this Plan, shall be placed within appropriate zoning category in the City's Zoning By -law. Written approval from the Niagara Peninsula Conservation Authority is required for any development or site alteration on lands adjacent to a floodplain or erosion hazard. 12.2.18 Floodplains in the City area based on 100 year floodline mapping have been prepared for most waterways in the City. However a Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W- 6-5. Where a landowner has generated the 100 -Year Floodline mapping for these floodplains to the approval of the Conservation Authority the appropriate abutting land use designation shall apply and the Zoning By -law shall be amended accordingly. 12.2.19 Where, as a result of a planning application, new Floodline or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific Zoning By -law amendment, the City's Zoning By -law will be amended accordingly. 12.2.20 A geotechnical investigation may be required for development close or within areas susceptible to erosion. The geotechnical investigation shall evaluate the impact of the proposed development on slope stability on site and off site and shall provide recommendations on how negative impact can be avoided and slope stability improved. June 28, 2010 ENVIRONMENTAL CONSERVATION AREA (ECA) - 22 - PD- 2010 -40 12.2.21 The Environmental Conservation Areas designation contains significant woodlands, significant valleylands, significant wildlife habitat, significant Life and Earth Science ANSIs, sensitive ground water areas, and locally significant wetlands or wetlands less than 2ha in size. 12.2.22 Permitted uses within the ECA designation shall include: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions; d) uses ancillary to the uses listed above including: parking areas, interpretive centres, conservation area shelters, essential utility structures and other related uses that are compatible with the ECA designation; where such works have been approved by the Niagara Peninsula Conservation Authority or other appropriate authority. 12.2.23 Minor expansions to an existing legal non - conforming use within the ECA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require an Environmental Impact Study as part of a complete application. 12.2.24 Single family residential development on an existing lot of record may be permitted in whole or in part of the ECA designation or adjacent lands where an approved environmental impact study or scoped study, whichever is deemed appropriate by the NPCA, has demonstrated that the development is located, designed and constructed to minimize negative impacts on any natural heritage feature and their ecological function. 12.2.25 It is the intent of the ECA designation to provide for the protection of natural heritage features while recognizing that the extent of the designation may be further refined through on site study. Where it has been demonstrated through an approved Environmental Impact Study that an area currently designated ECA does not meet the criteria for that designation, in whole or in part, the policies of the adjacent land use designation shall apply provided that the EIS has successfully demonstrated that the proposed use will not have an adverse impact on the features or functions of the remaining ECA or their adjacent lands. In such circumstances an amendment to this Plan is not required however the change shall be implemented through an amendment to the City's Zoning By- law. 12.2.26 Valleylands are identified through mapping of the Niagara Peninsula Conservation Authority. A minimum vegetated setback from the top of bank shall be established through the implementing zoning by -law based on site specific conditions in accordance with the Niagara Peninsula Conservation June 28, 2010 - 23 - PD- 2010 -40 Authority Regulations. Where development or site alteration is proposed within or adjacent to a significant valleyland and ownership of the valleyland or flood plain is not assumed by the City or other public agency, the City may require the submission of a detailed site grading plan for any new lot prior to the issuance of a building permit as a condition of development. 12.2.27 Where a valleyland has been identified as significant in accordance with the Provincial Policy Statement through approved studies an Environmental Impact Study shall be required for any development or land alteration on or within 50m of the significant valleyland. 12.2.28 Where a Watershed Study or Aquifer Management Plan or any other related environmental study has identified sensitive surface water features and /or sensitive ground water features, these features and their related hydrologic functions will be protected, improved or restored through a restriction of land uses in the implementing Zoning By -law. Uses that may be restricted include, but are not limited to: landfills, lagoons or other waste disposal facilities, asphalt and concrete batching plants, the storage or processing of chemical products, gasoline or oil depots and service stations and vehicle salvage, maintenance and services yards. As watershed and ground water studies identify surface and ground water features, hydrologic functions and natural heritage features and areas necessary for the ecological and hydrologic integrity of the City's watersheds, the City shall consider appropriate amendments to this Plan. 12.2.29 Where a new mineral aggregate operation or an expansion to an existing operation is proposed within an ECA or adjacent lands, the Environmental Impact Study will include, in addition to the requirements under this Section, consideration of: a) the maintenance or enhancement of the connectivity of natural heritage features as well as significant hydrologic features and functions before, during and after mineral aggregate extraction; b) the way in which significant natural heritage features and ecological functions that would be affected will be replaced, on or off site, with features and functions of equal or greater ecological value that are representative of the natural ecosystem in that particular setting. (Note to Reader: for the following, the changes proposed to current policies are shown in italicized text) 2. PART 1 - PREAMBLE, SECTION 4 - FORMAT OF THE PLAN is amended by adding the phrase 'Natural Heritage Areas' in the fifth paragraph as follows: "Part 5 entitled APPENDICES contains certain definitions of terms used in the Plan and maps identifying existing and former Municipal Landfill Sites, Natural Heritage Areas, Woodlots and Potential Aggregate Areas." June 28, 2010 - 24 - PD- 2010 -40 3. PART 2 - LAND USE POLICIES, SECTION 2 - PARKWAY RESIDENTIAL is amended by adding the following sentence to Policy 2.7: 2.7 Building sites for residential lots shall be located outside of physical hazards such as flooding, unstable slopes or soils, erosion, organic soils or wetlands. Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources. 4. PART 2 - LAND USE POLICIES, SECTION 7 - GOOD GENERAL AGRICULTURAL AREA is amended by adding the following sentence to Policy 7.6: 7.6.4 The proposed development will not interfere with wetlands, watercourses, and farm drainage systems Where the development or site alteration is within or adjacent to a natural heritage resource it shall be in accordance with the policies of Part 3, Section 3 including, where applicable, the preparation and submission of an Environmental Impact Study. 5. PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 1 - MUNICIPAL INFRASTRUCTURE is amended by adding a new policy and adding the sentence and wording to Policy 1.2.2 and 1.2.4: (New Policy) "Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices to avoid significant detrimental effects on farmland or water resources, natural areas or wildlife habitat ". 1.2.2 Council shall not permit any new development or redevelopment where it would interfere with, or reduce, the drainage capacity of any natural watercourse or agricultural field drainage system, result in any erosion, pollution or drainage problems along watercourses and their tributaries, or where it would adversely affect the quality /quantity of ground water or a water recharge /discharge area. 1.2.4 Council shall develop and adopt master storm water management plans for watershed areas in advance of major development or redevelopment in conjunction with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment and Energy, Regional Niagara, and other agencies. Where applicable, developers may be required to undertake storm water management studies for specific sites. 6. PART 3 — ENVIRONMENTAL MANAGEMENT, SECTION 3 — CONSERVATION STRATEGY, PREAMBLE is amended by deleting the third paragraph in its entirety. June 28, 2010 - 25 - PD- 2010 -40 7. PART 3 — ENVIRONMENTAL MANAGEMENT, Section 3.3 — Natural Resources is deleted in its entirety. 8. PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 5 - AMENITY AND DESIGN STRATEGY is amended by adding the following wording to Policies 5.2.5, 5.3.5 and adding a new Policy 5.3.6: 5.2.5 The City shall participate in a tree planting program to enhance the environment and shall encourage private landowners to protect existing trees, hedgerows, windbreaks and other natural areas and plant additional trees on their own property using native species wherever possible. 5.3.5 The City shall encourage the preservation and the incorporation of existing trees, hedgerows, windbreaks, vegetation, green areas and topography and other natural areas into the design and landscaping plans of proposed developments. Studies may be required identifying existing conditions as well as important trees and features to be preserved. "5.3.6 Minor variances to zoning provisions and flexibility in site planning may be considered within the urban boundary in order to accommodate building orientation, landscaping designs, lot coverage and other site or building characteristics to provide for increased energy efficiency." 9. PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 6 - ENVIRONMENTAL QUALITY is amended by adding Policy 6.13 as follows: 6.13 The City supports all efforts to reduce sources of air pollution and activities that contribute to greenhouse gas emissions. To this end the City shall: a) endeavour to operate City facilities and operations in an energy efficient manner and, wherever possible, utilize alternatives to fossil fuel based energy. b) encourage site design that support a healthy environment such as building orientation to minimize heating /cooling costs, mixed land uses to minimize the necessity of vehicular travel for basic goods, the provision of walkways, cycling facilities and public transit to provide alternative forms of travel. c) promote the retention and enlargement of green spaces in site design through such measures as tree planting, tree preservation, roof top gardens, and the use of native species in landscaping. d) support the use of alternative and renewable sources of energy such as wind or solar power. 10. PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 3 - MUNICIPAL INFRASTRUCTURE is amended by adding the following phrase and new policy to Policy 3.3: June 28, 2010 - 26 - PD- 2010 -40 3.3 Secondary plans are land use policy plans that indicate in greater detail how the preambles, policies and designations of this Official Plan are to be implemented in a particular area. Secondary plans shall generally detail the following items. 3.3.6 The environmental constraints to development and particularly recognizing important natural heritage features and areas of hydrological significance. "3.6 Where a watershed Plan has been completed, all required studies for the Secondary Plan, such as subwatershed plans, drainage plans or environmental impact studies, shall conform to the goals and objectives of the watershed plan." 11. PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 7 - SUBDIVISION CONTROL is amended by adding the following sentence to Policies 7.3.6 and 7.4 and by adding a new Policy 7.5: 7.3 Development by way of plan of subdivision shall be in conformity with the following items. 7.3.6 Development shall be prohibited in significant wetlands and habitat of endangered of threatened species and discouraged in woodlots; and other natural resource areas. Development within or adjacent to a natural heritage resource area or other natural area maybe restricted and will be subject to the policies of Part 3, Section 12. The City shall seek the protection of wetlands adjacent to plans of subdivision /condominium through the dedication of the wetland area to the City, Niagara Peninsula Conservation Authority or other public agency or land trust. 7.4 Development within areas which have hazardous conditions, such as flooding or steep slopes, shall be prohibited except when such consents are required to allow the undertaking of a necessary public work for flood or erosion control or for watercourse protection or the conservation of land in accordance with the regulations of the Niagara Peninsula Conservation Authority and /or the Ministry of Natural Resources. The creation of new lots adjacent a floodway or erosion hazard may be subject to conditions in a plan of subdivision or consent to include the protection of these natural heritage features and their adjacent tablelands in perpetuity. Protection may take the form of the dedication of land to the City or another public agency or land trust. "7.5 Plans of subdivision that have received draft approval as of (date of approval of environmental policies) are not subject to the policies of Part 2, Section 12 or Part 3, Section 3. If draft approval lapses or is withdrawn the policies of Part 2, Section 12 or Part 3, Section 3 will apply to subsequent planning applications involving the subject lands. Where significant modifications to a draft plan are proposed such that the plan is recirculated for comment the revised plan should be designed to reduce significant negative impacts on the natural heritage system." June 28, 2010 - 27 - PD- 2010 -40 12. PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 8 - LAND DIVISION COMMITTEE is amended by adding the following phrases to Policy 8.1.5 and 8.2.7: 8.1.5 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, the severance of land will create a building envelope which will not interfere with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodlot areas. The City may require An EIS as outlined in Part 3, Section 3.2 - Natural Heritage System for lands located within or adjacent to a designated natural heritage resource is required. 8.2.7 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, a new lot, where permitted, shall have a sufficient building envelope that will not interfere with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodland areas. The City may require an EIS as outlined in Part 2, Section 12- Natural Heritage System for lands located within or adjacent to a designated natural heritage resource. 13. PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 10 - SITE PLAN CONTROL is amended by adding the following phrases to Policy 10.15 and 10.2: 10.1 All of the area of the City affected by this Plan shall be a site plan control area. The actual uses which will or which will not be subject to site plan control will be established by by -law of Council. It is intended that all classes of development, including but not limited to Residential, Commercial, Industrial, Institutional and Open Space, shall be subject to site plan control. However, the following developments may be exempted from the provisions of the site plan control by -law. 10.1.1 Any one or two unit dwelling. 10.1.2 A portable classroom on an existing District School Board school site. 10.1.3 Any farm operation with the exception of agri- tourism uses, commercial farm markets, permanent or mobile farm helphouses and greenhouses. 10.1.4 Any extractive industrial use. 10.1.5 Any building or structure accessory to the uses stated above. 10.2 A building permit shall be issued in respect of any development in the site plan control area only where the plans required have been approved by the municipality and the required agreements ensuring the provision of certain items and ensuring that development proceeds in accordance with the approved plans are executed and registered on title. Agreements may include, but not be limited to, the following items. June 28, 2010 - 28 - PD- 2010 -40 10.2.1 Access ramps, curbs and signage. 10.2.2 Parking, loading and driveway areas and their surface treatment. 10.2.3 Pedestrian walkways and ramps, including surface treatment lighting. 10.2.4 Walls, fences, landscaping and buffering. 10.2.5 Garbage storage facilities. 10.2.6 Easements for the construction and maintenance of public services and utilities. 10.2.7 Grading and site drainage. 10.2.8 Site servicing. 10.2.9 Road widenings. 10.2.10 Exterior design including, but not limited to, character, scale, appearance and design features of buildings and their sustainable designs. 10.2.11 Sustainable design elements on adjoining municipal roads such as, but not limited to, trees, shrubs, hedges, plantings, pavement, furniture, curb ramps, and bicycle parking facilities. 10 2.12 Facilities designed to have regard for accessibility for persons with disabilities. 10.2.13 Protection for natural heritage resources. 14. PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 14 - GENERAL IMPLEMENTATION POLICIES is amended by adding the following phrases to Policy 14.2.5: 14.2 5 An environmental impact study for proposals located on or adjacent to: - lands containing natural heritage features; and - lands within 120m of a Provincially Significant Wetland or a Wetland regulated by the NPCA which is greater than 2ha, 50m of a Significant habitat of a threatened or endangered species or Life Science ANSI or any lands designated Environmental Conservation Area within the Plan; or 30m of a Locally Significant Wetland or a wetland regulated by the NPCA and Tess than 2ha in size, fish habitat, flooding /erosion hazard, or significant wildlife habitat; or 50m of a significant woodland. 15. PART 5 - APPENDICES, APPENDIX 1 - DEFINITIONS is amended with the addition of the following new definitions: "Adjacent Lands" — when used in reference to natural heritage features or designations means those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent o the adjacent lands are shown on Appendix III -B and III -D. "Buffer" a naturally vegetated protective zone adjacent to a natural heritage feature or area serving to cushion and protect it from the impacts of human activities. "Earth Science area of natural and scientific interest" - areas identified by the Ministry of Natural Resources containing some of the most significant representative June 28, 2010 - 29 - PD- 2010 -40 examples of the bedrock, fossil and landform features in Ontario and includes examples of ongoing geological processes. "Endangered species" - a species that is listed or categorized as an `endangered species' on the Ontario Ministry of Natural Resources official species at risk list or that is designated as Endangered by the Committee on the Status of Wildlife in Canada (COSEWIC), as updated and amended from time to time. "Environmental Impact Study (EIS)" — a report to address the potential impacts of development on natural heritage features and areas. A "Scoped Environment Impact Study" is an area specific study that addresses issues of particular concern not previously addressed in sufficient detail in a comprehensive study. "Fish habitat" - the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes and is as identified by the Ministry of Natural Resources. "Flood line" - an engineered line delineating the potential extent of flooding, by elevation, as a result of a specific flood event. "Flood plain " - the land adjacent to a waterbody which will be inundated in the event of a flood. "Floodway" - the channel of watercourse, and those portions of the floodplain adjoining the channel which are required to discharge flood water from a flood. "Ground water" -any water that exists beneath the land surface, but more commonly water existing in fully saturated soils and geologic formations. "Ground water features "- water - related features in the earth's subsurface, including recharge /discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface and subsurface hydrogeologic investigations. "Ground water recharge" -the replenishment of subsurface water resulting from: (a) natural processes such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams, and wetlands; and (b) human intervention such as the use of stormwater management systems. "Ground water recharge area" - the area from which there is significant addition of water to the ground water system from natural processes or human intervention. "Habitat of endangered and threatened species" - an area where individuals of an endangered species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non - migratory species. Hazard lands - means property or lands that could be unsafe for development due to naturally occurring processes such as erosion or unstable soils. "Hydrologic function" - the function of the hydrologic cycle that include the occurrence, circulation, distribution and chemical and physical properties of water June 28, 2010 - 30 - PD- 2010 -40 on or below the surface of the land, in the atmosphere, and in its interaction with the environment including its relation to living things. "Life Science area of natural and scientific interest" - areas of land and water identified by the Ministry of Natural Resources as containing significant representative segments of Ontario's biodiversity and natural landscapes including specific types of forests, valleys, prairies and wetlands, their native plants and animals and their supporting environments. "Natural Heritage Corridor" - natural and open space linkages between natural heritage features. "Natural Heritage Feature" - means a feature or area that is an integral component of the environmental function and natural landscape of an area. A feature not only has environmental value but social value for the community as well. Natural heritage features include wetlands, woodlands, fish habitat, wildlife habitat, areas of natural or scientific interest, stream corridors and valleylands, and habitats of endangered, vulnerable or threatened species. "Negative Impact " - degradation that threatens the health and integrity of the natural features or ecological functions of a natural heritage feature or area due to single, multiple or successive development or site alteration activities. In terms of Earth Science Areas of Natural and Scientific Interest significant means degradation due to single, multiple or successive development or site alteration that threatens the integrity of the geological features, landforms or processes for which the ANSI was identified and their associated educational and interpretive functions. "Riparian" — in terms of a river or watercourse means an area of streamside vegetation, including the stream bank and adjoining floodplain, which is distinguishable from upland areas in terms of vegetation, soils and topography. "Significant" means: -in terms of wetlands. fish habitat. ANSIs and threatened, vulnerable or endangered species. those areas identified by the Ministry of Natural Resources as having provincial significance based on evaluation procedures established by the province -in terms of woodlands: treed areas identified by the City, Region or the province, as contributing to the health of the environment based on their provision of wildlife habitat, species diversity, hydrological value and identified significant species. Publicly owned woodland are also considered significant since they provide an excellent opportunity for the protection of the wooded area and its natural function -in terms of vallevlands: those natural areas in a valley orotherlandform depression that contains flowing or standing water for some period of the year identified as significant under the Provincial Policy Statement through an approved environmental study. "Subwatershed" - an area that is drained by a tributary or some defined portion of a stream. "Surface Water Features" - water - related features on the earth's surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge /discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture or type, vegetation or topographic characteristics. June 28, 2010 - 31 - PD- 2010 -40 "Top of Slope" - the point of the slope where the downward including of the land begins or the upward inclination of the land levels off. "Valleyland"- a natural area that occurs in a valley orotherlandform depression that has water flowing through or standing for some period of the year. "Vegetative buffer area" - a permanent setback established along the shoreline or streambank which remains or is to be returned to a self sustaining vegetated state. "Watershed" - an area that is drained by a river and it's tributaries. "Wetlands" - areas that are seasonally or permanently covered by shallow water, or where the water table is close to or at the surface resulting in the formation of hydric soils and contains either hydrophytic plans or water tolerant plants, swamps, marshes, bogs and fens. Provincially Significant Wetlands are those that meet the evaluation criteria of the Province for significance. NPCA regulated wetlands are those that meet the evaluation criteria of the Conservation Authorities Act. "Wildlife Habitat" - areas where plants, animals and other organisms live and find adequate amounts of food, water, shelter and space needed to sustain their populations. "Woodland"- a treed area that provides environmental and economic benefits to both the private landowner and the general public through erosion prevention, hydrologic and nutrient cycling, provision of clean air and long term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities and the sustainable harvest of woodland products. It does not include a cultivated fruit or nut orchard or a plantation used for the purpose of producing Christmas trees. 16. SCHEDULE A - LAND USE PLAN is updated with the EPA and ECA designations shown on "Proposed Changes to Schedule A" and a new SCHEDULE A -1 - NATURAL HERITAGE SYSTEM AND ADJACENT LANDS is added. 17. PART 5 - APPENDICES, APPENDIX 1I1 -A, III -B, 111 -C, 111 -D and 111 -E and Appendix VII — ENVIRONMENTAL IMPACT STUDY GUIDELINES are added. NIAGARA PENINSULA CONSERVATION .1 AUTHORITY June 14, 2010 File MPR 4.17.1 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Subject: Updated Environmental Policies AM -2009 -024 Preliminary Review Comments General Policies Environmental Corridors & Ecological Links Water Resources a 8 -0 . Planning Sc n FAe: 250 Thorold Road West, 3rd Floor, Welland, Ontario L.3C 3W2 Telephone 905 788.3135 1 Facsimile 905 7881121 1 www noca ca�f1 `,h 'REC r JUN 1 6 2010 • PLANNING ELOPMENT The NPCA last provided comment to the City on its draft Environmental Policies via letter dated September 10, 2009. Since that time, additional changes and modifications have been made to the draft. The NPCA has completed our review of the most recent draft and offer the following comments and observations for your consideration. 12.1.3 we would recommend replacing the words "minimize potential adverse" with "ensure no negative" in order to be consistent with the PPS and Regional Environmental Policies. 12.1.23 we would suggest that this section make reference to contiguous woodlands and wetlands also providing corridor functions across the landscape. The NPCA has been coordinating a Source Water Protection Plan under the Clean Water Act legislation. While the primary focus of the plan will be on Intake Protection Zones (IPZ's) as the source of municipal drinking water supply, this plan may provide policy and guidance with respect to protection of groundwater under the PPS; Highly Vulnerable Aquifers (HVA's - quality) and Significant Groundwater Recharge Areas (SGRA's — quantity). The Source Water Protection Plan will not likely be approved until 2012. Notwithstanding, we have been working with other municipalities to formulate some general policies to address the issue in anticipation of the future source water protection plan approval. Some sample policy wording which was used in the City of Welland's recent OP update is provided below. The City of Niagara Falls may wish to consider including similar wording in their OP update. I make this suggestion for your consideration only. I will forward the Niagara Falls IPZ (Intake Protection Zone) and Groundwater Vulnerable Areas mapping to you under separate cover. I note that you have included some general water quality policy wording in section12.2.28. Perhaps this could be moved to the Watershed Planning section? 6.1.3.3 Water Resources 2 Sample wording incorporated into the recent City of Welland OP Update: 6.1 3.3.A Maintain the Quantity and Quality of Water Resources Development and site alteration shall only be permitted if they will not have negative impacts, including cross - jurisdictional and cross - watershed impacts, on: i. The quantity and quality of surface and ground water; ii. The functions of ground water recharge and discharge areas, aquifers and headwaters; iii. The natural hydrologic characteristics of watercourses such as base flow; iv. Surface or ground water resources adversely impacting on natural features or ecological functions of the Core Natural Heritage System or its components; v. Natural drainage systems, stream forms and shorelines; and vi. Flooding or erosion. Development and site alteration shall be restricted in the vicinity of vulnerable surface and ground water features of importance to municipal water supplies so that the safety and quality of municipal drinking water will be protected or improved. 6 1.3.3 B The Welland Water Treatment Plant Intake Protection Zone The Welland Water Treatment Plant is located on Merritt Island in between the Welland River and the Old Welland Canal. The Niagara Peninsula Conservation Authority's Source Water Protection Study identified an Intake Protection Zone covering the areas to the north and west of the Treatment Plant. The Intake Protection Zone is located on Map 1 in Appendix 1 to this Plan. Development and Site Alteration within the intake protection zone will be subject to a study which identifies that there will no impact on the water quality and quantity as a result of the proposed development and /or site alteration. 6.1.3.3 C Source Water Protection, Groundwater and Watershed Studies Vulnerable groundwater areas within Welland are shown on Map 2 in Appendix I to this Plan. Development and site alteration within vulnerable groundwater areas shall address the potential for negative impacts where the proposed development or site alteration is perceived to have potential to impact water quality or water quantity 12.1.32 — does the term "key hydrologic feature" refer to the Greenbelt Legislation? (it does not appear to be defined in the OP policy). 12.1.33 — Could you please add the NPCA as an approval agency here? The NPCA is a commenting agency on MNR PTTW. Environmental Protection Area (EPA) 12.2.4 — I'm not sure of the purpose of this section. Given the requirement for an EIS under 12.2.2, presumably submitted as part of a complete application, why would "holding" provisions be used? 12.2.12 - We would suggest that fish habitat be excluded as EPA. Fish habitat would be more appropriately placed within the ECA category as development within and adjacent to is not strictly prohibited in either Regional or NPCA policy. This policy also makes reference to "environmentally sensitive areas" without any corresponding definition. We would suggest that this be clarified. 3 The 30 metre EPA designation for buffers around all Provincially Significant Wetlands may be viewed as restrictive. NPCA policy provides for some limited development or site alteration within 30 metres provided it is a replacement or addition, deck or accessory structure, and it has been demonstrated that it will not result in a negative impact. [See sections 3.24.1(c)(3) & (4) of the NPCA Land Use Planning Policy Document. Such proposals may require completion of an EIS. 12.2.14 - the difference between major and minor development and site alteration should be quantified if it will be used to exdude the need for an EIS. 12.2.16 - the buffer areas adjacent to fish habitat would be more appropriately designated as simply adjacent lands, or ECA. Also, a 30 metre EPA buffer requirement for all fish habitat in all circumstances is likely overly restrictive — both the NPCA and the Region have 30 metre and 15 metre requirements depending on the type of fish habitat classified on site, and allow for some encroachment within these buffers through the review and approval of an EIS. 12.2.18 — The word "area" after City in the first line should be corrected to read "are ". The last line of this section ( "Where a landowner has generated ') should be deleted. The Regional Storm level of regulation was specifically requested by the City of Niagara Falls for these watercourses. Environmental Conservation Area (ECA) 12.2.24 - should replace the word "minimize" with "ensure no ". trust the above comments will be of assistance to you in finalizing your environmental policies. Please do not hesitate to contact me if you would like to discuss any of these comments further. Yours truly, Paul Bond Senior Watershed Planner Niagara Peninsula Conservation Authority cc: Region of Niagara, Development Services Division (Public Works) 1- , 0 ard 656000 • 656000 m E 'Ontario PRINKING WAIE71 SOIllICE PROTECT loN CONSERVATION ,•IIDSITY • 0 - J , L = . —,- ) —5 1 - / 1 ...-- r - 1 .... ,_, 1 , .."- ••••• ....... .I ., ... !/ 'A Niagara Falls VVTP & Intake - , 05 0 658000 Pell Cnk a 658000 05 •-■ - Chippilwa (, .1 Notes Imagery() Niagara Region and Google Earth Hydrology courtesy of Niagara Peninsula Conservation Authority Copyright 2010 by Stantec Consulting Ltd. Projection: UTM Zone 17N, NAD 1983 15 2 660000 • 660000 LINITED STATES C ANAD A - ..r ... -...- A .... ,./ .... t .,.. ( I r _ t 1 .11 c / *I N ---_ Navy Island 3 / Grand - Mand (USA) - Legend Intake Tyrx "ake (Rule 55), Left Class (Rule 15 (3) (5)) Upper R;glit °WS System Type (Rule 1 (1)) Lower 1 Alatercourse hlernational Earder PZ 1 IPZ-2 662000 Project Niagara Peninsula Source Protection Area Assessment Report Figure No Revision No Date 9.2 9 Apr. 2010 Title Niagara Falls WTP IPZ Delineations 664000 664000 0 0 •■• 0 0 0 CO ID vt 0 0 0 CO 0 0 (0 0 0 - ID UPPER CANADA CONSULTANTS Planning Scan File: %i Upper l..anaua Planning & Engineering Ltd. 261 Martindale Road Unit 111 St. Catharines, ON L2W 1A1 ENGINEERS I PLANNERS Phone 905- 688 -9400 Fax 905 - 688 -5274 G a oza7a // / _kr"- .1 June 17th, 2010 UCC #0787 Mr. Alex Herlovitch Director of Planning & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch, Re: Updating Existing Environmental Policies and Introducing New Environmental Policies Written Submission (City File: AM -2009 -024) to be read into record at the Statutory Public Meeting As you are aware, Upper Canada Consultants represent Warren Woods Land Corporation with respect to their land holdings in the Garner South Secondary Plan area. As you may also be aware, we submitted written comments to Mr. John Barnsley on March 15 2010, outlining our concerns over Protected Natural Features Areas and the impacts buffering is having on developable lands within the Secondary Plan area. Since our March 15 submission, we have engaged an environmental consultant (Lisa Campbell Associates) to assess the latest Provincially Significant Wetland mapping delivered to the City of Niagara Falls by the Ministry of Natural Resources (MNR), and have asked that study work be conducted to determine the accuracy and validity of the MNR mapping. To this extent, our consultant has been conducting field testing and has also engaged MNR to meet on site and discuss findings as we further evaluate the wetland feature limits of our client's land holdings. This is an important exercise in protecting our interests and to be reassured that developable lands are not being sterilized needlessly. We trust the City recognizes this effort as an important step by our client, as the impact of sterilizing lands has an overall impact on the Secondary Plan unit yield and population capability. To this extent, and not only for our client's interests, but the interests of landowners throughout the municipality, we respectfully request the City of Niagara Falls modify the draft RraCE1VED St. Catharines JUN 2 1 2010 PLANNING & DEVELOPMENT CG UPPER CANADA CONSULTANTS ENGINEERS / PLANNERS Warren Woods Land Corporation — Environmental Policy Addition Environmental Policies Update - June 17, 2010 policies to include and additional policy under the new "Part 2 — Land Use Policies, Section 12 — Environmental Protection" section, the following (please note our suggested location for this policy insertion as falling immediately after draft policy 12.2.16 of the Environmental Protection Areas (EPA): 12.2.xx "Notwithstanding the above policies on Environmental Protection, individual landowners are permitted to undertake scientific study by qualified persons on identified Provincially Significant Wetland feature limits defined on their property, in consultation with the Ministry of Natural Resources. Should the Ministry of Natural Resources accept findings that vary from previously established limits, modification to the Provincially Significant Wetland defined feature limits may occur without further amendment to the Plan and that any associated buffering would also be adjusted consequently." Such a policy addition, in our case, will allow the study work to be concluded without delaying approval of the Official Plan Amendment, as it would appear as though timing on concluding the science of the study will extend beyond the planned adoption date of the Proposed Amendment. Thank you for the opportunity to provide comments on this matter. Should you have any questions, please feel free to contact our office. Sincerely, UPPER CANADA CONSULTANTS Chris Millar, M.C.I.P., R.P.P Manager of Planning Projects cc: John Barnsley, City of Niagara falls Robert O'Dell, WWLC Lisa Campbell, LCA 2 Sincerely, reenwillvw Ecological Consultants May 27, 2010 Ms. F. Berardi City of Niagara Falls Planning & Development Division 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Berardi, Re: Wetland Mapping Resolution Montrose Road and Lyons Creek Road Property Niagara Falls By way of an update please note that we are in the process of refining the extent of the Provincially Significant Wetland designation on the subject lands and have set a meeting up with the Ontario Ministry of Natural Resources for June 11 Following that meeting we will be in contact with your department regarding any updated wetland mapping and associated OMNR decisions. Given this timing, the matter will not be resolved before the municipality's June 4th request for comments. I trust you will find the above satisfactory. Please do not hesitate to contact me at your convenience should you have any questions regarding this matter. Michael Benner, MCIP RPP Principal 31486 Side Road 14, R.R.3, Wainfleet Ontario LOS 1 VO Ph 905 899 2591 Fax 905 899 2591 Email: greenwiliozvplan @sympatico.ca • fl- �l- ay(��lz j Planning / File: Sca V Ecolo , " ' ^°^ ent and Assessment, ``' Rural Land Use Planning RECEIVED JUN 0 1 2010 PLANNING & D.F_VELOPINAENT 4LCA# Environmental onsi Environmental Consultants May 6, 2010 Mr. John Barnsley City of Niagara Falls Planning Department 4310 Queen Street P.O.Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Barnsley, Re: Heartland Forest Resort (Phase 1) Revised Provincially Significant Wetlands In a recent meeting with Proponents of Heartland Forest, it was brought to our attention that the revised Warren Creek Provincially Significant Wetlands complex has expanded slightly to the east on the lands south of Brown Road and west of Kalar Road such that the newly wetland limits encroach onto the approved development area for Heartland Forest Resort (PD- 2005 -41). In 2001, an Environmental Impact Study was completed by ESG International Inc. that verified the Warren Creek PSW limits previously established by OMNR. A further field evaluation was completed in 2004 by L. Campbell & Associates which also confirmed the limits of the wetlands and provided setbacks and mitigation measures to preserve the wetlands within the adjacent forested area to the west of the development area. Comments provided by the Regional Municipality of Niagara on behalf of the provincial bodies supported the development application and recommended setbacks as per the Zoning Bylaw Amendment Application PD- 2005-41 dated June 13, 2005. The current updated wetland mapping for Niagara Falls (Draft dated 2009) for this area indicates minor extensions of two wetland fingers further east than previously mapped by OMNR. If these newly established wetland limits are then buffered by the 30 -metre setback as indicated on Schedule 3 to the Official Plan Garner South Secondary Plan, the approved development would no longer be viable as the buffers extend almost to Kalar Road. Given the sequence of events and studies completed over the last 10 years and the current changes in wetland mapping, we request on behalf of the proponent that the wetland limits within this area be field verified with OMNR staff prior to finalizing the Secondary Plan for this area. Perhaps the approved development area could come under Special Policy pending review of the wetland limits adjacent to the development area. 104 -155 Main Street East, Suite 234, Grimsby, Ontario L3M 1P2, 905- 945 -4700 1 Icampbell @lcaenvironmental. ca We will arrange for a site meeting with OMNR staff to review the updated wetland limits in the very near future. It may be prudent for someone from your office to attend in order to expedite any potential adjustments to the wetland limits mapped within the proposed Secondary Plan for this area. We will contact your office once a field site visit with OMNR has been confirmed. Should you have any questions regarding the contents of this correspondence, please do not hesitate to contact our office. Regards, c LCA-it Environmental Consi Environmental y Consultants Lisa Campbell, M. Sc., C.C.E.P. cc. Rick Vanderkuip, Heartland Forest Joad Durst, OMNR Rick Brady, UEM Consulting Inc. 104 -155 Main Street East, Suite 234, Grimsby, Ontario L3M 1P2, 905- 945 -4700 2 I campbell @lcaenvironmental. ca Jean Grandoni RR#1 Gamer Rd. Niagara Falls, Ont. L2E 6S4 Niagara Falls City Council City Hall 4310 Queen St. Niagara Falls, Ont. Members: Re: Proposed Changes to the City of Niagara Falls Official Plan Environmental Policies Schedule A The following is a list of forests and corridors omitted from your Map Schedule A entitled Environmental Protection Area and Environmental Conservation Area. These are all north of the Welland River. I did not have time to compare south of the Welland River. These forests should be preserved as there are too few forests remaining. Such an observation was made as far back as 1932 in the Welland County soils map. These forests help to recharge the water table for farm wells, provide wildlife habitat which is in short supply as evidenced by deer and coyotes wandering into the City, cool the temperature, slow down fierce winds and provide oxygen and absorb pollutants. Location of Omitted Forests: 1 N41 1 \1(I0�3A l �g . JrJINNVid 007 ¢ I Nnr 1) southwest corner of relocated Mountain and Beechwood Rds. 2) northwest comer Thorold Stone and Beechwood Rds. 3) Garner Rd. west side on our farm between Beaverdams Rd. and south of Shriners Creek 4) Garner Rd. east side across from Provincially Significant Wetland Forest in the Fernwood development And north of the railway line. 5) Northeast corner of Townline Rd. and Lundy's Lane and Hwy. 20 6) Warren Woods in City's own Business Park, west of Montrose Rd. Comprises southern half of forest #157 in the City's 1993 Urban Wooded & Treed Site. 7) A forest corridor was once shown on your mapping linking forest #157 from the Brown Rd. to the second southern half of forest #157 of (6) above to the Welland River parkway. Inner City Forests Omitted a) south of Hwy 20 west side of QEW behind Factory Outlet Mall. This was fought for by the Citizens. beast of and along the QEW between HWY 20 and McLeod Rd. several small forests, some that can be linked and expanded are listed in City 1993 Forest survey. Forest #96 of the 1993 Survey contained "the largest diameter white elm(66cm)". c) six small forests mapped in 1993 City Forest Study, north of Welland River and East of Stanley where access was denied . I don' t know if these still exist. Inaccurate Desination: The forest East of Kalar South of Mountain immediately east of Club Italia contains Provincially significant species. Therefore the locally significant wetland designation is questionable. The two large forests in the Ten Mile Creek area west of Kalar Rd. and south of Mountain Rd. should be further evaluated considering the erection of no trespassing signs . These are the two largest forests remaining north of Highway 20 excluding NEC lands. The remnant forest on the W -5 -1 Tributary of Shriners Creek east of Kalar Rd. presently shown as a conservation area , is revealed to contain Provincially significant Pin Oak and the Tulip Tree in the City's own 1993 Survey and therefore may he classified as a PSW. Corridor Omissions The N.S. &T. Right of Wav has lone been manned by the City Planning Denartment. How could you miss it . Let `s get it on the Man. It is Not only an existing trail but treed as well. Its historic value is well known to all. As mentioned in my letter of Dec. 10/09 many beautiful hedgerows containing unique species have not been mapped and should be . I have attached my letter of Dec. 10/09 and ask Council to consider it as well. I request notice in writing of Councils decision on the Policies and Mapping. Yours truly, Jean Grandoni Cc. City Planning Department fctti I( --�` URBAN & ENVIRONMENTAL MANAGEMENT INC. Pronnam Management Asset Management Enwronmental & Malty Ma Systems Occupationa' Health & Safety ;c Engineering Development Rai - wing & Approvals Environrn ientar Assessment ! Strategic & Policy Planning Transportation ' P;arnning & Engineering VVa: -ne Managerne n 4701 St. Clair Avenue suite 301 Niagara Falls, ON Canada L2 E 359 905.371.9764 I i " 1 w fax 905.371.9763 I toll free 1.866,840.9764 as ■ uemconsulting.com PROEESSCINAL c:cm<NSULTJNG SERViCt=- Mr. John Barn Manager of Policy City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley, , MCIP, RPP June I0 2010 Project No.: 05 -212 Re: Proposed Niagara Falls Environmental Policies Thank you for sending me the draft Niagara Falls Official Plan Environmental Policies for review. I am providing the following comments for my clients 1) Mountainview I -lomes and 2) Niagara Ilomebuilders Association. The proposed schedules are based on information from the NPCA, Region and MNR. Most of this information is based on air photos with little actual ground truthing. You have correctly noted on your schedules that the information is "as is" and that the information "shall not be considered as official plans or drawings ". If an actual field work based EIS is completed and /or field work is completed by the MNR in conjunction with an EIS; the new :napping should supersede this mapping without the need for an Official Plan Amendment. I believe that is the intent of your policies but I think it is sufficiently important to point out that applicants should not have to go through an OPA based on incorrect mapping from either the Region, NPCA or MNR. In particular, when detailed work on a Provincially Significant Wetland is provided by the MNR in consultation with land owners and their scientific advisors; it is my belief that the information should simply be accepted as provided without any further need for review by the NPCA or Region. It is clear in the Provincial Policy Statement that it is MNR's role and responsibility for this mapping. The Thundering Waters Secondary Plan Area has been the subject of very detailed work by the MNR and my client's consultants. This has resulted in a very detailed map of areas of natural environmental significance. It is this mapping and only this mapping that should apply to the Thundering Waters Secondary Plan Area. I am asking on behalf of my clients that the EPA mapping of the provincially significant wetland be applied to this site. It is this arca and only this area that warrants any natural environmental mapping. The MNR has supplied you the mapping based on emails I have received from them therefore there is no reason to show it with a star identified for special notion. My client would like this finalized as a part of your OPA so we can move forward with the secondary planning exercise. Proposed Niagara (Fails Environmental Policies .dune /(Y", 2010 The areas identified as "adjacent lands" and the definition of "adjacent lands" and "buffer" are quite confusing. It appears that "adjacent lands" are potential "buffers" however the mechanism to determine actual buffers seems to be missing. I suggest that the following policy be added to Section 12,1.18 Environmental Impact Studies to clarify the point. "The actual extent of a buffer area will be determined basal upon an EIS that is acceptable to the City. Once the actual extent is determined, the extent of the buffer will be used as the setback for any development permitted." Your policies describe a full I1S and a scoped EIS. The second being described as a study that looks at matters "not previously addressed in sufficient detail in a comprehensive study ". Your policies do not describe a "comprehensive study ", 1 believe that normally scoped MS's are less work than full IIS's based upon a particular site condition. Your policies seem to require full 1IS's in all cases and after the full EIS than you may ask for more work on a scoped EIS. I think the planning department should review policy 12.1.21 and provide clear guidance on when a full EIS is required and when a reduced HIS or a scoped EIS is appropriate. Thank you for providing the opportunity to give you my comments on the proposed policies. Could you please let me know how each concern is being addressed so I can advise my client prior to the public meeting on June 28` 2010. Yours truly, UI2 ` & Richard F. Brady, M. Director of Planning Cc: Alex Herlouitch Jon Whyte /_.111E. , 4I !' rgtecvs (200512)OUns- 212t2010ltener to dolor nmrus &}t June 7 !ado,. UE© NMENTAL MANAGEMENT INC. CIP, RPP Page 2 1 Antonietta Roccosanto 420 Maple Leaf Drive Toronto, Ontario M61 --1P7 Francesca Berardi 4310 Queen Street PO BOX 1023 Niagara Falls, Ontario L2E — 6X5 • Dear Ms. Berardi; May 31" 2010 RE: Proposed Environmental Protection Areas (EPA) for South Niagara Falls AM -2009 -024, Official Plan Amendment We are the landowners on the north side of Sommerville Road extending to Willoughby Drive specifically known as Roll No. 2725 130 001 11900 0000 and/or Concession 2 Part Lot 5. This letter gives our Notice of Objection to the proposed changes to the mappings dated April 2010. From the mappings, approximately 65 -70% of our land has been designated proposed Environmental Protection (EP). We bought the land because the land has very little (EP) Lands according to City of Niagara Falls drawings. The following three diagrams show limited and /or no (EP) lands: (maps enclosed) 1)The Proposed Willoughby Designations map dated November 2001 2)Schedule map from City of Niagara falls zoning (map 38) 3)Another map with shaded areas showing City of Niagara Falls (EP) lands. No (EP) lands on the north side of Sommerville Road. However, (EP) lands bordering to the north Secondly, the existing (EP) lands on the airport lands on the west side of Sodom road have been reduced substantially, if the diagrams are compared from April 2010 to November 2001. Therefore, we have not been treated in a fair and equitable manner since the land has not been altered in any way since 2001. Our land should be mapped the same way as the City of Niagara Falls Planning and Development Map of November 2001. In conclusion, a response on this matter is greatly appreciated. I can be contacted at 416 249 -8546. Yours truly, Antonietta Roccosanto Planning S n PLANNING & DEVELOPMENT e'"}''?- p2 4-f R E C fficrE C.d' JUN 012010 • • 1111 ai aan;aa / area ;'.:::1; ;■ / /1a r .i 111 tte e it i' Tip; .IP 11. lilt file MU � Ie : 1 1�iI1; � , l*111 er /r tar / Iaa r r ♦ • ur r t a r�rt • rwsru `� I'• ,. . air ..MU! rrar �.r arrlre a 4 1/111 Aimee • 11r•a Cli `. •s1 /a• r/ gist • rt 1 •.49! , 1 11 ill a via MO * �^'r """1":"." r ar a. a r r w.�w1.MI +• raaa.irr•r 441.411 le 1rr1i • a1* 11*1 w�r..1rr • 10“444111111,11-0111111111111 /=1/ / it t !� as�rsrr.re •r•aar a + • !!_.!P:.. ••. .alia Or a ii• }tan.. rt'I /l@l /r n r �� li * «.Nits;, *.•t ....i .. irt�Il� 1 + Schedule 1 rr idlooaaw• Legend ErcWino Envlronmenal Protection Antis Exidinp Parkway Residential Proposed DeIered Urban Proposed Rural Recreational Proposed EMI Residential Proposed Open Bpece Proposed Development Nodes Proposed Environmental Prcledbn Arias Urban Ares Bouncing Proposed Willoughby Designations Scale: 1:45000 PD- 2001.10 Planning & Development l�1ia a �& a: I .:w cvar<.Iarr+l_./ • ZONING BY-LAW NO "ue: Elmo 0 ine 280 all 1191 SCHEDULE A MAP 38 Env Pot. Gm" Other Policy G rec N Eay� Ed itll Shore Munk Victoria - Centre BIA 2010 Budget marketing & advertising $ 53,500.00 office expenses $ 5,300.00 conventions & meetings $ 1,700.00 conferences $ 1,500.00 bank charges $ 100.00 sponsorships (ie: WFOL, NYEve, fireworks) $ 63,600.00 loan payments (sidewalk expansion) $ 10,000.00 professional fees $ 7,000.00 salary $ 24,000.00 streetscape $ 62,200.00 miscellaneous $ 6,100.00 convention centre commitment $ 100,000.00 $ 335,000.00 Fallsview BIA 2010 Budget marketing & advertising $ 345,150.00 office expenses $ 3,000.00 conventions & meetings $ 5,350.00 association memberships $ 1,200.00 bank charges $ 100.00 sponsorships(WFOL firewrks, NYEve $ 135,000.00 insurance $ 2,000.00 professional fees $ 27,200.00 salary & wages $ 46,000.00 miscellaneous $ 5,000.00 convention centre commitment $ 1,000,000.00 beautification $ 30,000.00 $ 1,600,000.00 To: Mr. Ted Salci MAYOR OF NIAGARA FALLS Dear Mr. Salci, The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5, Canada tsalci @niagarafalls ca From: SERBIAN CLUB "NIKOLA TESLA" 17 -7000 McLeod Rd. #200 Niagara Falls, Ontario L2G 7K3 serbianclubnikolatesla @cogeco.ca 1 On behalf of the local Serbian community, we would like to inform you that the Serbian Club "Nikola Testa" has recently been formed here in the city of Niagara Falls. The primary goal and mission of our club will be the preservation of Serbian culture and traditions within the Serbian community of the Niagara region. In addition, we want to ensure that the local Serbian community of Niagara carries on the great name of Nikola Testa, a world- renowned Serb who had a major impact on our region, and thus our aim is to preserve his legacy for future generations. You are likely well aware of Nikola Tesla's many prominent inventions and accomplishment, including the countless contributions he has made to the Niagara region The Serbian community of the Niagara region is extremely interested in having July 10 the day of Nikola Tesla's birth, officially declared Nikola Tesla Day in Niagara Falls We firmly believe that the enormous contributions that Tesla's work has made to the city of Niagara Falls, to our region, to Canada, and to the world more than justify this humble request. We would like to ask you to find some time to meet with the representatives of our newly formed club so that we may submit our official request for your consideration. The Serbian Club "Nikola Tesla" plans to commemorate the 154 anniversary of Nikola Tesla's birth on July the 10 of this year, and we were hoping that you would be willing to meet with us before that date. We sincerely hope that you will show understanding for our great desire to declare July 10 Nikola Tesla Day in Niagara Falls, and that you will agree to meet with us and give us your support in this endeavor. Thank you for your time. Sincerely, SERBIAN CLUB "NIKOLA TESLA" NIAGARA FALLS CANADA 2 PD- 2010 -48 Niagarapins June 28, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -48 Heritage Designation of the former Parks, Recreation and Culture Building 7565 Lundy's Lane RECOMMENDATION That Council pass the By -law to designate the property at 7565 Lundy's Lane, the former Parks, Recreation and Culture building as a building having cultural heritage value or interest. EXECUTIVE SUMMARY A Notice of Intention to Designate the former Parks, Recreation and Culture building was published in the Niagara Falls Review on October 24, 2009. A letter of objection was received by the Clerk from a group of persons objecting to the designation. A series of pre- hearing teleconferences were held culminating in the withdrawal of the objection and the closure of the Conservation Review Board file on this property. Based on the withdrawal of the objection, the Designating By -law is on tonight's agenda for Council's consideration. BACKGROUND On April 6, 2009, Council considered staff report R- 2009 -14 (attached), regarding the former Parks, Recreation and Culture building and adopted the following motion: "That the former Recreation building be appraised, put on the open market with a reserved bid, with notice of the future intent to designate." The City passed a zoning by -law amendment application to permit the property to be used for tourist commercial and office purposes. On October 19, 2009, Council instructed staff to issue the Notice of Intention to Designate the former Parks, Recreation and Culture building at 7565 Lundy's Lane. The notice was served on the owner, the Ontario Heritage Trust and published in the Niagara Falls Review on October 24 and 29, 2009, respectively. June 28, 2010 - 2 - PD- 2010 -48 On November 23, 2009, a letter of objection was received by the Clerk from a group of seven persons who operate businesses around the subject property. The objection was filed with the provincial Conservation Review Board. A series of pre- hearing teleconferences were held between a representative of the objectors, City staff and the members of the Conservation Review Board. City staff met with the objectors to review future use opportunities and commercial potential for the building. Subsequently, the objectors withdrew their objection and the Conservation Review Board advised that their file on this property is now closed. (Official Notice of Withdrawal of Objection is attached). The City may now move forward with the passage of the Designating By -law. An appraisal of value has been obtained. Once the designating by -law has been passed, staff can proceed to advertise the property for sale, with a reserve bid as per Staff report R- 2009 -14. CITY'S STRATEGIC COMMITMENT Through the designation of this property, the City is following the heritage policies as set out in the Official Plan which strive to promote the conservation of heritage resources. LIST OF ATTACHMENTS ► Notice of Withdrawal of Objection ► R- 2009 -14, Recreation Property and Building End Use Recommended by: A/(.t-,z �� C1,trrn t Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: -- K Todd, Chief Administrative Officer P Boyle:mb Attach. S \PDR\2010 \PD- 2010 -48, Heritage Disignation of Former Parks,Rec & Culture Bldg, 7565 Lundy'sLn.wpd Environment and Land Tribunals Ontario Conservation Review Board 655 Bay Street, Suite 1500 Toronto ON M5G 1 E5 Telephone. (416) 212 - 6349 Toll Free. 1- 866 -448 -2248 Fax: (416) 326 -6209 Toll Free Fax: 1- 877 -849 -2066 Web Site www elto gov on.ca June 9, 2010 Mr Jay Malak Three Diamond Inn 8911 Lundy's Lane Niagara Falls, ON L2H 1H5 Ms. Hilary F Sitlani Space Motel 8618 Lundy's Lane Niagara Falls, L2H 1H4 Mr N, Hamid 8627 Lundy's Lane Niagara Falls, ON L2H 1H5 Ms Doris Thompson 8445 Lundy's Lane Niagara Falls, ON L2H 1H5 Mr Ralph Biamonte Mick and Angelos Restaurant 7600 Lundy's Lane Niagara Falls, ON L2H 1H1 Mr Jacques Yachouh Overnight Inn 7558 Lundy's Lane Niagara Falls, ON L2H 1G8 Ms. Rani Almardini 7542 Lundy's Lane Niagara Falls, ON L2H 1G8 To the Objectors' Tribunaux de I'environnement et de I'amenagement du territoire Ontario Commission des biens culture's 655 rue Bay, suite 1500 Toronto ON M5G 1 E5 Telephone: Sans Frais: Telecopieur Sans Frais: Site Web' (416) 212 - 6349 1- 866 -448 -2248 (416) 326 -6209 1- 877 - 849 -2066 www elto gov on.ca JUN 1 2010 Ontario PLANNING RE: CRB File No. CRB0915: 7565 Lundy's Lane, City of Niagara Falls & DEVELOPMENT Notice of Withdrawal of Obiection The Conservation Review Board acknowledges the receipt of your Withdrawal of Objection Forms dated June 8, 2010 stating the withdrawal of your objections to the Notice of Intention to Designate under s 29 of the Ontario Heritage Act, the property known as 7565 Lundy's Lane in the City of Niagara Falls. As the Board has received withdrawal forms from all the objectors or their assigned representative, this file is now closed and the City of Niagara Falls can proceed to designate the subject property under s.29 of the Act. Assessment Review Board - Board of Negotiation - Conservation Review Board - Environmental Review Tribunal - Ontario Municipal Board Niagara Escarpment Rearing Office - Office of Consolidated Hearings 1 Your cooperation as a participant throughout this process, to date, has been appreciated. Alexande Pi Case Coordinator (t) (416) 326 -3594 (f) (416) 326 -6209 (e) conservation review. boardCa�ontario.ca cc: Mr Ken Beaman, City Solicitor, City of Niagara Falls Mr. Dean Iorfida, Clerk, City of Niagara Falls Ms Peggy Boyle, Assistant Planner, City of Niagara Falls Assessment Review Board - Board of Negotiation - Conservation Review Board - Environmental Review Tribunal - Ontario Municipal Board Niagara Escarpment Hearing Office - Office of Consolidated Heanngs 2 April 6, 2009 R- 2009 -14 Members: Niai.garapa The recommendation(s) contained in this report were Councillor Carolynn loannoni, Chair amended by committee and and Members of the Community Services Committee City of Niagara Falls, Ontario ratified by City Council Re: R- 2009 -14 Recreation Property & Building End Use RECOMMENDATION: That Council choose their preference of the three options proposed for the former Recreation building located at 7565 Lundy's Lane. That the former Recreation Building be appraised, put on the open market with BACKGROUND: a reserved bid, with notice of the future intent to designate. Past Reports /Decisions In May 2005, staff first prepared a recommendation report on the end use of the former Recreation building located at 7565 Lundy Lane. To accommodate expansion to the Lundy's Lane cemetery, the report recommended demolition of the building. Council deferred a decision after interest in the building was expressed by Niagara Falls Tourism. In June 2006, staff returned with a recommendation report. After consultation with the Lundy's Lane BIA, staff continued to recommend the expansion of the Lundy's Lane Cemetery, however, with the accommodation of a pedestrian gateway which would enhance beautification. The report was deferred after a request by the Municipal Heritage Committee to investigate the "adaptive re -use of the building ". In June 2007, staff's recommendations remained the same as the reportthe previous year. In consultation with the Municipal Heritage Committee, it was assured that brick and stone work from the building would be incorporated into the design and landscape features of the gateway, Council approved the recommendations contained in the June 2007 report. However, prior to the scheduled demolition of the building, a local businessman, Mr, Felix Pingue, made a plea to save the building. The matter was referred to staff and Council passed a motion to not demolish the building in the interim. 7 150 Mont rose. RoadUiilt :1,Niagari Falls ON, Canada 12H 3N3 905.356.7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation & Culture April 6, 2009 - 2 - R- 2009 -14 In June 2008, an update report was provided that recommended that the building not be demolished, that an offer be sought from Mr. Felix Pingue to refurbish the building, at no cost to the City, and that a detailed building end use plan, outlining specific space utilization, be provided. In Tight of budget deliberations, it is prudent to seek some final resolution to the long- standing issue of end use of the former Recreation building. Overview of Pingue Proposal • the building would have some commercial business space for uses such as an insurance business or law firm. Pingue Construction would maintain an office for their administrative functions. Community meeting spaces would be available on the lower floor (basement) and include a new "cultural room ". Heritage space would accommodate public and private art or museum -like collections. • nine parking spots would be provided. • A new driveway entrance from Lundy's Lane is proposed. • two ground signs and rent from potential tenants would provide revenue for the operation. • despite potential sign and rent revenue, the building would be operated on a "break even basis" with any revenue going into a reserve fund to support potential building - related costs in future years. • the City would support the annual building operating costs associated with taxation and building /property insurance. • the City would maintain ownership of the building with a long -term lease (50 years) entered into with Mr. Pingue or a related company. Overview of Cemetery Proposal • • • the removal of the existing building allows for the expansion of the cemetery adjacent Lundy's Lane cemetery, which could provide between 257 to 305 additional graves. a pedestrian gateway feature and enhanced corner landscape would be developed in conjunction with the Lundy's Lane BIA. The BIA would financially contribute to the project costs. Open Market Proposal Senior staff also discussed the possibility of declaring the property surplus which was an option for property end use in 2003 -study by BMA It would only be sold with the provision of a minimum reserved bid equal to the net revenue estimated under the Cemetery proposal. April 6, 2009 - 3 - R- 2009 -14 PINGUE PROPOSAL PROS • A building that has had historical uses is maintained. • The building remains for community use. • The proponent has stated his intent to invest $200,000 into the building. • The Official Plan identifies the area as General Commercial (GC), in keeping with the proposal. • Parking appears sufficient for intended use. Pros & Cons of the Three Proposals CONS • The property zoned Open Space, which limits the use of the building to cemetery, hospital, recreational uses, religious institution and school. • A zoning by -law amendment for the intended uses would be required • The proposed driveway access from Lundy's Lane is unlikely to be supported by the Region, the road authority. • Any taxes realized by the new uses is to be absorbed by the municipality. • No revenue for the City, as envisioned in the other two options. • The property would remain on the City's list of properties it maintains, but from which the City does not realize revenue. • The refurbishment of the building for continued use and re occupancy will require a management plan to detail how any hazardous materials will be managed or abated, including asbestos, lead, and mold • The proposal may be viewed as "bonusing" under the Municipal Act, as a private individual will derive a benefit from the proposal. April 6, 2009 - 4 - R- 2009 -14 CEMETERY PROPOSAL PROS • Expanding the cemetery would meet the current Open Space zoning. • An environmental assessment paid for by the City has been completed specifically to the demolition of the building. • The gateway proposal and enhanced landscaping provide beautification and green space in this tourist corridor. • Partial funding would be provided by the Lundy's Lane BIA. • There is a demand for more cemetery plots at Lundy's Lane cemetery. • 305 graves would represent new maximum net revenues of approximately $195,000 to cemetery services. • Local funeral homes are in favour of the initiative. OPEN MARKET PROPOSAL PROS • The Official Plan identifies the area as General Commercial (GC), which may entice interest in the property. • The property is located in a busy commercial area. • An environmental assessment paid for by the City has been completed specifically to the demolition of the building. • Sale of the property would provide one -time revenue for the municipality. • Putting the property on the open market would alleviate any concerns of "bonusing ". • The property would be removed from the City's inventory of buildings requiring maintenance and upkeep. • The building could, conceivably, be maintained in its current form if a buyer is so inclined. • Mr. Pingue could still bid on the property. CONS The former Recreation building will be demolished. In Tight of the fiscal challenges being faced in 2009, the gateway feature may be too expensive and no longer a priority project. CONS • The former Recreation building could be demolished depending on the future use. • The property is zoned Open Space and would require a zoning by -law amendment for commercial uses. • The property may need to be "up zoned' by the City to be truly marketable. • Putting the property on the market would prevent cemetery expansion or beautification efforts. • Access issues may preclude certain development. • No appraisal has been done to date. April 6, 2009 - 5 - R- 2009 -14 CONCLUSION: The matter of the end use of the City -owned building at 7565 Lundy's Lane has long been studied, discussed and debated. Staff has outlined what we view as the three available options for the property. Obviously, all of the options offer pros and cons and it will be for Council to weigh the merits and provide direction to staff on how they wish to proceed. Recommended by: Approved by: Deny e Morrtsse �irectot� of Parks, Recreation & Culture Ed Dujlovic, Executive Director of Community Services di /dm V 04 061R- 2009 -14 - Recreation Property & Building End Use Update.wpd REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -49 Regional Development Charges Update RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ru -LW! u -' Niagara June 28, 2010 It is recommended that Council request that Regional Council direct that staff conduct a further public consultation meeting with municipalities and the development and business communities to obtain additional input prior to considering alternative mechanisms for determining Regional Development Charges. The Region of Niagara is in the midst of a study to investigate the financing of growth related infrastructure and has engaged Watson and Associates to prepare the necessary report(s). The study will explore the development charges, philosophy, the role of development charges and cost recovery methodologies. The Region will need to determine whether future development in serviced areas should be exempt from a contribution or whether all new development should shoulder an average cost with respect to capital needs. The implications for Niagara Falls with its large serviced area and high growth potential are significant. It is recommended that the City seek further public consultation by the Region. The Region of Niagara is in the midst of a study to investigate the financing of growth related infrastructure and has engaged Watson and Associates to prepare the necessary report(s). On May 7, 2010, a workshop (Discussion Notes attached) was conducted with area stakeholders (developers, builders, planners, economic development representatives) to explore the development charges cost recovery philosophy, the role of development charges and cost recovery methodologies. The purpose of this report is to inform City Council of the ongoing study and alert members to the fact that the changes could affect the way in which the Region does business which could have a direct bearing on costs of development in Niagara Falls. A presentation by the consultant covered arguments for area specific charges versus uniform charges across the Region. The consultant found that area specific charges serve to better link benefiting development, specific servicing needs and funding priorities. Whereas, uniform charges have the advantage that they are easier to put in place and update and are better suited to services with a broad benefiting area. June 28, 2010 - 2 - PD- 2010 -49 This presents a dilemma in Niagara because it has 26 different development areas. Accordingly, growth is spread over a large number of diffuse markets and development in much of the Region is relatively small scale. The current system of applying a uniform development charge provides no incentive for developers to focus on areas which are already serviced, or can be serviced at low cost. In fact, such a system serves as an indirect encouragement for landowners to pursue development approvals in high servicing cost areas because there is no financial cost or penalty associated with doing so. Area specific Regional development charges could have significant beneficial implications to Niagara Falls. It was reported that because of available infrastructure capacity, development in this City could occur with much lower DCs than another municipality in the Region without much capacity. But reducing DCs in Niagara Falls would have considerable impact on Regional revenue because the City has the Region's highest residential and employment growth prospects. So while development in Niagara Falls would benefit by area specific charges, the Region would suffer the fallout. The Region is aware that development charges do not fully pay for growth related infrastructure because of exemptions, discounts and phase -ins. In addition, Niagara Region has a large number of relatively low growth areas where the local development industry cannot be expected to front -end finance major development. Accordingly, the consultant suggests that the DC policy should address out -of- sequence development and that the development community may need to provide up -front financing and assume some of the risk rather than placing that onus on the Region. The crux of the matter is the Region will need to determine whether future development in already serviced areas should make no DC related contribution toward Regional infrastructure services or whether it is preferable that all new development be required to shoulder an average cost share with respect to capital needs, whether incurred in the past or the future. It is evident that the City must be at the table for further discussions before the Region comes to its conclusion. Similarly, the City's development industry, business community and tourism sector employers must also be present to contribute to finding a system which is fully beneficial. The Region is seeking feedback, therefore, it is recommended that the City seek further public consultation with the stakeholders before any decisions are reached. LIST OF ATTACHMENTS ► Discussion notes. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: p Y KeniTodd, Chief Administrative Officer A.Herlovitch Attach S \PDR\2010 \PD- 2010 -49, Regional Development Charges Update.wpd REGION OF NIAGARA DEVELOPMENT CHARGES WORKSHOP DRAFT NOTES ON THE DISCUSSION MAY 7, 2010 Attendees: Alan Teichroeb Barb O'Conner (facilitator) Chuck Miller Donna DeFilippis John Murphy Kumar Ranjan Michael DiCienzo Patrick Maloney Rej Picard Trevor Hall Phil Bergen 1 The workshop was attended by 33 participants. The Agenda is attached; the pre - circulated materials are available by contacting Kirk Weaver. Additional opportunity for feedback is provided at www.niagararegion.ca. 2. The discussion occurred over the course of three hours, divided between a presentation, plenary discussion, break -out sessions (four groups) and plenary reporting thereon. 3 These notes represent a summary of the primary points that were made by the participants (a) Arguments favouring area - specific charges: Alex Herlovitch Bryan Webb Cam Watson (facilitator) Councillor D'Angela Jonathon Janzen Kirk Weaver (facilitator) Mary Lou Tanner (facilitator) Peter Baker Rino Mostacci Stephen Bedford Scott Tipping Brian Treble Glenn Barr John Bergsma Grant Munday Ken Brothers Patrick Robson Mike Sauchuk Peter Colosimo Stephen Kaiser Phill Lambert Jon Whyte (i) The Region wants to encourage development in particular areas (e.g South) and for particular uses (e g. employment) and in particular forms (e g intensification). These ends are best pursued via area - specific DCs where development costs are lower or where incentives are to be applied (ii) Area - specific DCs facilitate front - ending arrangements where new areas within the urban boundary are being opened up or accelerated The Region doesn't have the capital funds to finance all of this activity. Watson & Associates Economists Ltd. J (Development Charges12010 Workshopldiscussion notes may 7(2010 05 28) (2) docx Draft — Discussion DC Workshop Notes 2 (iii) It's unfair to put all costs into a "blender" and make all development share in them uniformly, when some areas can accommodate new development at a very modest incremental cost and other areas place a substantial capital burden on the Region, which is having difficulty absorbing it. (iv) Let residential "sprawl" pay for the full cost of providing services. Don't require development that can be economically serviced to share in that cost. (b) Arguments favouring the use of uniform Region -wide development charges rather than area - specific development charges. They: (1) are consistent with the Region's uniform tax and water rate and broad role in providing a similar service level for all ( "Niagara needs to act like a Region, not a collection of lower tiers "); (ii) may generate more development and revenue than a system with high and low charges; (iii) avoid the introduction of higher charges in some areas with associated shifts in property values, impact on market, appeal activity and additional staff time, (iv) avoid having to deal with the fact that previous Regional investment in infrastructure has varied from one drainage area to the next and as a result, some areas have benefited more than others as of today; (v) can be combined into an average charge for that part of the Region where the area - specific charges for several areas are similar; (vi) are for services which are Region -wide in scope and can't readily be differentiated geographically (c) Do high -rise (hotels or condos) generate the need for additional Regional capital services and DCs, if the servicing system was previously designed to accommodate that intense use and that infrastructure has already been paid for? Does the same argument hold for plant capacity? Was plant capacity previously and definitively allocated to full buildout or should the added cost of any plant Watson & Associates Economists Ltd. J (Development Charges12010 Workshopldiscussion notes may 7(2010 05 28.) (2) docx Draft — Discussion DC Workshop Notes 3. capacity expansion be absorbed by any and all new development using the plant? (d) If the Region declares that, going forward, existing servicing capacity that has been previously funded can be utilized without any DC charged for that purpose and that DCs are based on the cost of providing new capacity, how should it address "the equity issue," i e. the concern that DC funding in the past may have been deployed unevenly in terms of geography, such that some areas (e.g Thorold) currently have little available infrastructure capacity, whereas others (e g Niagara Falls) have considerable? As a result, growth may be able to proceed in Niagara Falls, for example, with much lower DCs that in the case of Thorold, for example. The Regional revenue impact of reducing DCs in Niagara Falls is considerable, in that it has the Region's highest residential and employment growth prospects. Any DC collections sacrificed in that area must presumably be made up from development elsewhere in the Region, where market demand is not as great. (e) Rather than having a separate area - specific charge for each of the Region's 26 central areas and numerous greenfield areas, it may be more appropriate to have one Region -wide average, central area charge and one separate Region -wide average greenfield charge. This would also help to reduce parochialism. (f) In most cases, Niagara Region does not have the market demand and developer size and financial strength of the GTA. Niagara has a large number of relatively low growth areas and can't expect the local development industry to front -end finance major infrastructure as in the case of Milton, York and Seaton, for example. (g) Much low density housing doesn't pay its own way from a property tax impact perspective It doesn't make sense for the Region to also absorb part of the infrastructure financing burden as well, in the form of higher rates and taxes on existing development. This raises the question of how important growth is to the Region and what it is prepared to do to encourage it. Consideration should also be given to the fact that some non - residential uses make limited use of municipal services such as waste management, parks, recreation and libraries, etc., and have lower municipal operating cost implications as a result. (h) Industrial, office, tourism, agri- business, knowledge based /creative industry and related development (other than population - related retail and service) requires special attention and treatment with respect to serviced land provision if the Watson & Associates Economists Ltd. J (Development Charges12010 Workshop\discussion notes may 7(2010 05 28) (2) docx Draft — Discussion DC Workshop Notes 4. economy of the Region is to prosper. What is the most effective way to encourage such development — by discounting DCs or by charging full DCs and providing an attractive enhanced supply of land on the market? How best to provide a strong investment climate? (i) There is a case for no or low DCs in areas where serviced population/ employment lands aren't expanding and existing services are basically adequate For example, why should building additions give rise to a DC? The DCA already provides exemptions for 1 -2 unit residential intensification, for industrial expansions (50% of existing) and implicitly for demolition or conversion replacements Q) The Region has a number of planning and finance levers or tools it can use to encourage, force or focus employment growth to occur in particular areas such as the Gateway Economic Zone, the Free Trade Zone, the Canal Corridor, etc How best to use DCs in this regard? (k) The Region's Growth Plan which responds to the Provincial Growth Plan, seeks to change the way the market functions in Niagara, geographically and in terms of intensification. But is the plan achievable? Does it require tweaking? Can it be market driven? (1) It's very difficult to have a meaningful discussion about area - specific charges without having information in front of us which provides an indication of the size and scope of the charges potentially involved. What sort of areas are contemplated? For what service? What sort of cost differences are involved? The charges shouldn't be so high as to cripple development in various locations Is the concept to have a core charge applicable to all, with a surcharge on top, in order to fund special requirements? At minimum, ensure that the Region's debt and equivalent financing costs are incorporated in the DC. (m) As a result of ineligible services, discounts, exemptions, phase -ins, etc., growth doesn't fully pay for growth capital via DCs. The Region should limit and track exemptions. There is a need to understand what roles these play in achieving Regional policy objectives. (n) The Region has an important leadership and co- ordination role in aligning development intentions for both municipal tiers, such that they are a synchronized form of partnership. This is to eliminate gaps in the current system, where growth plans are not perfectly aligned. The Region should guide growth Watson & Associates Economists Ltd. J 1Development Charges12010 Workshop\discussion notes may 7(2010 05 28) (2) docx Draft — Discussion DC Workshop Notes 5. projects defining recovery boundaries, co- ordinating and aligning Regional and local infrastructure plans Fiscal plans should flow from this cost sharing partnership. The Region should facilitate co- operation in providing needed servicing (o) For projects and development that area out of sequence, there is the operating expenditure impact to consider, as well as capital. Also, a 5 -year developer payback period may be unrealistic — it may take 10 -20 years, if development is not progressing rapidly It shouldn't always be a municipal risk; however, the developer may be entitled to an indexed repayment to help absorb the financing cost. (p) Hard service DCs should be collected at subdivision agreement in many cases (q) DC policy should be used to help the Region to address its strategic objectives. (r) Intensification may increase costs less than greenfield; but there are additional costs (including added wear and tear) and the exemption should only be partial and should be co- ordinated with the local municipalities; (s) DC exemptions deflect costs to others and should be limited, enshrined in policy and carefully tracked as investments. (t) Front - ending should be part of DC policy to address out of sequence development or works that were not contemplated in the capital plan, with clarity re payback timeline, subject to benefiting development occurring (u) Focus on strategic economic drivers, which may be use -based rather than simply geographic- based. Need a mechanism to prevent inappropriate growth and infrastructure (Growth Plan) and to force phasing where appropriate (v) The development community may need to provide upfront financing Capacity for services may be committed at the draft approval stage, but potentially revoked after a certain period of time (w) The Region should Zink timing and phasing of growth and infrastructure with financial plan; tie to strategic objectives. Region to assist in defining growth areas and playing a coordinating role. Watson & Associates Economists Ltd. J (Development Charges12010 Workshopldiscussion notes may 7(2010 05 28) (2) docx 7(2010 05 28) (2) docx Draft — Discussion DC Workshop Notes 6. (x) There are concerns about the timing for provision of services between the Region and the lower tiers. Lower tiers may not be ready when the Regional infrastructure is provided. 4 Next Steps include circulating this material, completing the consulting report and coming before Council in June or July for direction re development charge policy updating. Watson & Associates Economists Ltd. J IDeve/opment Charges12010 Workshopldiscussion notes may Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That Council approve the Addendum to the Memorandum of Understanding (MOU) for Improving the Planning Function in Niagara, attached as Appendix and incorporate them into the existing MOU. EXECUTIVE SUMMARY The City, Region and Niagara Peninsula Conservation Authority (NPCA) are signatories to a Memorandum of Understanding governing the planning functions in Niagara. Changes are being recommended to the MOU as operational improvements. The Area Planners have agreed that the changes to the MOU will have a positive effect on the planning function. Staff recommends that the Addendum to the MOU (see Appendix 1) be approved. BACKGROUND In 2007, the City, Region and NPCA signed a Memorandum of Understanding (MOU) for Improving the Planning Function in Niagara. The MOU serves as a relationship management tool that clarifies roles and responsibilities of the signatories with opportunities for continuous improvements. Niagara Region is primarily responsible for establishing planning policies (e.g. Regional Policy Plan, Official Plans) and local municipalities are primarily responsible for land use controls (e.g. Zoning By -laws, Subdivisions, Consents, Site Plans) to implement policies. The NPCA is responsible for regulations and permits in cases where development may affect natural heritage or natural hazards. The guiding principles for achieving an integrated and seamless planing system are: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2010 -53 Update to the Memorandum of Understanding For Improving the Planning Function in Niagara PD- 2010 -53 June 28, 2010 The collaborative development of policy to ensure that the planning system is speaking with one voice; Delegation of responsibility is predicated on regular and current compliance of area municipal comprehensive Official Plans, Secondary Plans and Zoning By -laws with the Niagara Regional Policy Plan; Ensuring that activities are value added; June 28, 2010 - 2 - PD- 2010 -53 Streamlined processes — operate on a "one window" functionality; Appropriate and relevant information for decisions is in the right place at the right time; placing authority and responsibility as close to each other as possible; and, Consistency of policy interpretation, implementation and applications processing approaches by all signatories is necessary. In accordance with the MOU, Area Planners have completed this review of the document and have prepared an Addendum (see Appendix 1) with recommendations for changes These changes are to build on the existing MOU document and are intended to help meet our common goal. Successes and Challenges The Area Planners acknowledge that some positive changes have occurred since the MOU was endorsed resulting in better role clarity; greater electronic circulation of information; an increase in exemptions for local Official Plan amendments; collaborative efforts on plain language notices and some model policies; improved communication; and the Region's protocol with the NPCA. Since that time, Provincial policy and legislative changes have placed a greater emphasis on growth management and resource protection to maintain healthy and sustainable communities at both a regional and local level. This will require Area Planners to be more resourceful and entrepreneurial in setting a course of action to address complex community planning issues. The MOU provides the framework for this to occur; however, there are several changes that the signatories need to endorse at this time to advance our collective interest for a more integrated and seamless planning system in Niagara. Recommended Changes to the MOU Recommended changes are summarized below and provided in the Addendum to the MOU, attached as Appendix 1: 1) Recognize Niagara Region's Reorganization — Administrative changes to the MOU are necessary where reference is made to the former "Planning and Development Department" at Niagara Region. Long range policy planning is now part of the "Integrated Community Planning Department" and development implementation is done through the "Development Services Division" in the Public Works Department. 2) Local Official Plan Amendment Exemptions — Greater collaboration on policy preparation is necessary with draft amendments to a local official plan submitted to Niagara Region for review and comment prior to adoption by Council. In addition, the Region needs to approve an amendment to the Regional Policy Plan as a housekeeping measure to recognize the site - specific exemptions permitted under the existing MOU. June 28, 2010 - 3 - PD- 2010 -53 3) Planning Application Fees - Niagara Region and local municipalities shall exempt each other from paying fees for applications submitted under the Planning Act. Further, local municipalities will ensure that fees required by Niagara Region and the NPCA for privately initiated applications are submitted up -front as part of a complete application circulated for review and comment. 4) Collaboration for Shared Policy Preparation - A working group of the Area Planners will be formed immediately following the approval of the MOU update to discuss best practice and levels of engagement options for collaborating on shared policy projects that are undertaken by Niagara Region, local municipalities and the NPCA. 5) Complete Application and Pre - consultation — It is important that the planning process and all interests of the Niagara Region, NPCA and municipality are understood, considered and coordinated before an application is circulated. All local municipalities must adopt the model policies endorsed by the Area Planners for complete applications and pre - consultation by September 2010 6) Processing of Applications - The process and requirements for applications varies across the Region from one municipality to another. Deadlines given to Niagara Region and the NPCA to review and comment are not always adequate or consistent, particularly where more complex issues need to be evaluated. There is a need to work on best practices beginning with pre - consultation and leading to reporting on recommendations. A working group of the Area Planners will be formed immediately following the approval of the MOU update to discuss best practices for processing planning and development applications in a more timely, effective and consistent manner. 7) Draft Plans of Subdivision & Condominiums (Extension of approval and modifications) - All modifications to approved plans and requests to extend draft plan approval for subdivisions and condominiums need to be circulated to the Niagara Region (Development Services Division in the Public Works Department and NPCA) for review and comment to ensure that current Provincial and Regional policies, interests and conditions are adequately addressed. A working group of the Area Planners will be set up to establish consistent criteria to evaluate extensions or modifications to approved draft plans of subdivision and condominium. 8) Continuous Improvement Items - The list of topics for continuous improvement provided in the MOU needs to be revised to reflect current issues that require attention in the short to medium term. These include the following: Maintain ongoing training and guidance for planners in Regional and Provincial interests; Consistency of municipal procedures; Exploration and establishment of common definitions, general provisions, and zone categories for zoning by -laws; A GIS based (Geographical Information System) monitoring system for development planning applications; and Collaborate with Area Administrators and Economic Development Officials to align collective interests for economic prosperity. June 28, 2010 - 4 - PD- 2010 -53 9) Environmental Review - A protocol between Niagara Region and the NPCA has been established to provide for a "one window" review of environmental issues. The MOU needs to be updated to reflect roles of the Region and NPCA under the protocol and to more clearly describe what is expected from the NPCA in providing plan review and technical clearance on environmental matters. 10) Next Review of MOU - It is important that the MOU be reviewed on a regular basis. The current two year requirement is a reasonable time for this to occur; however, it may be reviewed sooner if the parties deem it necessary. 11) Additional Common Obiective - The Area Planners also feel that it is important to include an additional common objective in the "Preamble" of the MOU indicating that: "The signatories are committed to developing Niagara and building good communities." LIST OF ATTACHMENTS ► Appendix 1 - Addendum to the Memorandum of Understanding Recommended by: l�tm Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I Ken Todd, Chief Administrative Officer A.Herlovitch.gd S \PDR\2010 \PD- 2010 -53, Update to the Memorandum of Understanding.wpd Introduction ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING FOR IMPROVING THE PLANNING FUNCTION IN NIAGARA The Memorandum of Understanding (MOU) for Improving the Planning Function in Niagara was signed and endorsed by the Niagara Region, area municipalities and Niagara Peninsula Conservation Authority and formally approved by Regional Council on July 26, 2007. The MOU is expected to serve as a relationship management tool that clarifies roles and responsibilities of the signatories with opportunities for continuous improvements. In accordance with Section 5.1, a mandatory review of the MOU is expected to occur no more than two years from its effective date. The Area Planners have completed this review and have prepared the following Addendum with recommendations for changes. These are expected to build on the existing MOU document and further advance our collective goal, which is: "To have an integrated and seamless planning system that is embraced and easily understood by Councils, the public and the applicants that encourages participation in policy development and application processing" Recommended Changes to the MOU APPENDIX 1 1) Recognize Niagara Region's Reorganization The former Planning and Development Department no longer exists. Long range policy planning is now part of the "Integrated Community Planning" Department and includes general or comprehensive policy review and approvals associated with the Regional Policy Plan and local Official Plans. Development implementation is now done in the Public Works Department through the "Development Services Division" which provides a one - stop -shop for the review of planning and servicing applications and includes site - specific Regional Policy Plan Amendments, site - specific local Official Plan Amendments and neighbourhood plans (i.e. secondary plans, community improvement plans) Action: Schedule C (Regional Planning's Role in Implementation Planning Applications) must be revised by deleting any reference to the "Planning and Development Department" and replacing it with the "Regional Public Works Department, Development Services Division ". 2) Local Official Plan Amendment Exemptions A suggestion was made to expand the types of local Official Plan amendments that could be exempt from Niagara Region's approval. These are related to general policy amendments initiated by the local municipality. 2 While this could save time and provide greater local autonomy, it is imperative that all changes to any Official Plan meet Provincial and Regional requirements, and be undertaken in a context that recognizes the shared work plan provisions of the MOU and the `One Voice' policy objective. Further work needs to be done by all municipalities to bring local Official Plans into conformity with Provincial and Regional policies on the five year cycle that is expected by Provincial legislation. In addition, consistent and predictable commitment to the existing collaboration measures of the MOU needs to be demonstrated, and also needs to be improved, for policy preparation. This observation applies equally to processing site specific amendments. Such improvement includes the timely submission of draft amendments for review. It was also mentioned that an amendment to the exemption policies in the Regional Policy Plan is necessary as a "housekeeping" measure to be consistent with the current provisions of the MOU related to applications for "site specific" amendments. Actions: a. In addition to the Actions proposed in 4), below, and in addition to existing Section 2.2 and 2.3 of the MOU, it is agreed that draft amendments to a local Official Plan shall be submitted to Niagara Region for review and comment prior to adoption by local Councils. b. An amendment to the Regional Policy Plan is required to be approved by Niagara Region before September 2010 to be consistent with the criteria for site specific exemptions for Official Plan amendments now permitted under the MOU. 3) Planning Application Fees Currently Niagara Region and local municipalities charge each other planning and development application fees for municipally led projects, which tends to vary between each municipality. This work is all being done to serve common public interests and taxpayers who end up paying these costs. It was agreed that there should no longer be fees charged for applications under the Planning Act.. The Niagara Region Area CAOs also agreed that this change is necessary. Another issue pertains to the collection of fees required by Niagara Region and the NPCA for privately initiated applications submitted to local municipalities for approval. This is not being done consistently and is causing process delays as well as adding to administrative costs. These fees need to be collected by local municipalities up -front as part of a complete application circulated for review and comment. Action: a. Niagara Region and local municipalities shall exempt each other from paying fees for applications submitted under the Planning Act. 3 b. Local municipalities will ensure that fees required by Niagara Region and the NPCA for privately initiated applications are submitted up -front as part of a complete application circulated for review and comment. 3) Collaboration for Shared Policy Preparation There has been some improvement in collaboration on shared policy - related projects; however, improvement has not been consistent, and expectations for engagement and communication tend to be ad hoc rather than grounded in the provisions of the MOU. There are also acknowledged resource challenges throughout the Niagara Planning System that warrant further consideration of alternative collaboration models for use in shared work plans. Action: A working group of the Area Planners shall be formed immediately following the approval of the MOU update to discuss best practice and levels of engagement options for collaborating on shared policy projects that are undertaken by Niagara Region, local municipalities and the NPCA. 4) Complete Application and Pre - consultation The Area Planners prepared and endorsed a set of model policies for complete application and pre - consultation requirements two years ago that have not been approved by a number of local municipalities. This must be done consistently and is a critical goal of the MOU. All municipalities need to adopt the model Official Plan policies to provide clear direction on requirements and the process for applicants. The local municipalities need to engage staff from Niagara Region and the NPCA early to ensure that all of our collective interests are understood, considered and coordinated before an application is circulated. Action: All local municipalities shall adopt the model policies endorsed by the Area Planners for complete applications and pre - consultation by September 2010. 5) Processing of Applications The process and requirements for applications varies across the Region from one municipality to another. Deadlines given to Niagara Region and the NPCA to review and comment are not always adequate or consistent, particularly where more complex issues need to be evaluated. There is a need to work on best practices beginning with pre - consultation and leading to reporting on recommendations. This could include flow charts to make the process more easily understood and consistent. Action: A working group of the Area Planners shall be formed immediately following the approval of the MOU update to discuss best practices for processing planning and development applications in a more timely, effective and consistent manner 6) Draft Plans of Subdivisions & Condominiums (Extension of approval and modifications) Currently under the MOU, any change or extension of approval to draft subdivision and condominium plans requires pre- consultation with Regional staff that could eliminate formal circulation. However, in a number of cases there is no pre- consultation being done and approvals are being granted without Regional input. This creates problems with conditions of draft approval that require revisions to reflect current Provincial or Regional interests, not to mention modifications to plans or (in certain cases) withdrawal of draft approval. Actions: a) Schedule C of the MOU shall be revised to require that all modifications to approved plans and requests to extend draft plan approval for all subdivisions and condominiums be circulated to the Niagara Region (Development Services Division in the Public Works Department and NPCA) for review and comment. b) A working group of the Area Planners will be formed to establish consistent criteria for extensions and modifications to approved draft plans of subdivision and condominium. 7) Continuous Improvement Items The list of topics for continuous improvement provided in Section 4.5 of the MOU needs to be revised to reflect current issues that require attention in the short to medium term. Action: The list in Section 4.5 is hereby deleted and replaced with the following: • Maintain ongoing training and guidance for planners in Regional and Provincial interests; • Consistency of municipal procedures; • Exploration and establishment of common definitions, general provisions, and zone categories for zoning by -laws; • A GIS based (Geographical Information System) monitoring system for development planning applications. • Collaborate with Area Administrators and Economic Development Officials to align collective interests for economic prosperity 6) Environmental Review 4 After the MOU was approved by the signatories, a protocol was established between Niagara Region and the NPCA to provide for a "one window" review of environmental issues. The MOU needs to be updated to reflect roles of the Region and NPCA under the protocol and to more clearly describe what is 5 expected from the NPCA in providing plan review and technical clearance on environmental matters. Action: MOU revisions should include: • Section 2.8.3 - delete the words "...based on screening criteria in Schedule C." • Section 3.1 - revise the wording in the second bullet point to state: "Regulation 155/06 (as amended) under Section 28 of the Conservation Authorities Act. " • Section 3.3 - revise the wording to indicate "...the Conservatiion Authority shall provide "One Window" comments including Provincial and Regional Plan Review and/or Technical Clearance ..." and include definitions at the end for "Plan Review" and Technical Clearance" consistent with the NPCA and Niagara Region Protocol. Technical • Section 3.5 - add the following wording after the first sentence stating "The NPCA will provide testimony on the Provincial Review of Natural Hazards, Regulation 155/06, NPCA policies and technical review completed in accordance with this MOU. The Region and/or Area Municipality will be responsible for testimony regarding the interpretation of their planning policies." • Table B — replace with the new version attached 3) Next Review of MOU It is important the MOU be reviewed on a regular basis to ensure that our common goal for a better planning system is achieved. The current two year requirement is a reasonable time for this to occur; however, it may be reviewed sooner if the parties deem it necessary. Action: Section 5.1 shall indicate that a mandatory review of the MOU shall take place every two years from the effective of any update approved by the signatories. Wording will also be included to indicate that: "the MOU may be reviewed at any time before the mandatory review if there is an important issue that needs to be addressed." 4) Additional Common Objective The Area Planners also feel that the MOU needs to include wording up -front that emphasizes the importance of working together to develop Niagara and building good communities. Action: Add a statement to the "Preamble" of the MOU indicating that: "The signatories are committed to developing Niagara and building good communities." 6 Future Considerations to Build the Relationship Effective outcomes will still depend on a commitment by all parties to meet the guiding principles of the MOU and to devote adequate resources to meet the challenging demands for community planning across the Niagara Region. The Area Planners will do their part through: • Regular working groups to deal with common interests • Sharing ideas and implementing best practices • Active implementation of the MOU by all staff • Establishing an outreach program to educate political leaders and community stakeholders • Presenting the MOU in orientation sessions for new Councils and NPCA Board Schedule B Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment ,3 c5 m a z E . a aN.D . X X X X x X X Z m z C N u Q. > 0 a v 8 W a VI �V O.. N � N W d - Y '6 i' _ N W ■ V p 0 x x X X X X X x X X X X X X d oozy) riy E .-/. 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O O 3 m .7 O. 6l - ^, Z Z u 2 6 ...1 J u. > .G Z Y > 3,2" a W 1-- * 1/1 U U > a Z a (7 Z {/f Q Q VI CD- 2010 -06 NiagaraFalls June 28, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerk's Office SUBJECT: CD- 2010 -06 Compliance Audit Committee RECOMMENDATION The Clerks be directed to continue working with the Area Clerks participating in the Niagara Compliance Audit Committee to ensure compliance with Section 81 and 81.1 of the Municipal Elections Act (the "Act "). EXECUTIVE SUMMARY The Municipal Elections Act allows for an elector to make an application for a compliance audit of a candidate that they believed may have contravened the finance provisions of the Act. Previously, the council had to make a determination of whether to grant or reject a compliance audit request unless the council had delegated these powers to a committee. The Province amended the Act in time for the 2010 election, making it mandatory for municipalities and school boards to form a compliance audit committee by October 1 of an election year. Based on the past experience of this municipality, finding candidates with appropriate qualifications (auditing, municipal elections finance, legal experience) to populate such a committee has proven difficult. The clerks of the municipalities in Niagara have been exploring the possibility of a joint committee that will fulfill the legal obligations of all municipalities and school boards in the Region. Having a broader spectrum to solicit applicants will be beneficial for finding qualified candidates that do not have potential conflicts of interest with any candidates subject to a compliance audit. BACKGROUND Section 81 (1) of the Act states that an elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of the Act relating to election campaign finances, may apply for a compliance audit of the candidate's election campaign finances. June 28, 2010 - 2 - CD- 2010 -06 The City of Niagara Falls has a history with the compliance audit process, as applications have been made after the previous two municipal elections (2003 and 2006). With the application from the 2003 election, the Council grappled with the issue of how to stand in judgment of one of their peers. It was noted at the time that the sitting Council members may have biases pro or con and it would be difficult for them to be impartial when dealing with a compliance audit request. In 2006, Council considered report CD- 2006 -15. As a result, the Council passed a motion delegating their powers under the Act to a committee. Despite the efforts to advertise for members, with appropriate qualifications, the City received no applications for the Compliance Audit Committee. Luckily, the compliance audit request emanating from the 2006 election was deemed to be frivolous. Recognizing the difficulty in finding qualified candidates, Council passed a motion calling on the Province to have a "roving" compliance audit committee. Although the Province did not look at such a committee, it did amend the Act making it mandatory that a council or local board establish a compliance audit committee by October 1 of the election year. ANALYSIS /RATIONALE The Regional Clerk and Clerks of the Niagara Area Municipalities ( "Area Clerks ") met on two occasions to explore options and the feasibility of establishing a joint compliance audit committee. The preferred option is to establish a Joint Compliance Audit Committee consisting of the Regional Municipality of Niagara, those Niagara Area Municipalities agreeing to participate, and the Public and Catholic School Boards to be called the "Niagara Compliance Audit Committee (NCAC) ". All of the Participants are recommending the joint initiative to their respective councils /boards, including uniform terms of reference and establishing by -law. As evidenced by the Niagara Falls experience, finding qualified committees has been difficult. By forming a joint committee, there is a broader base from which to solicit qualified applicants. Also, by having the entire Region to draw from, there is more of an opportunity for the NCAC members to be "arms length" from a given compliance audit application and not have any conflicts of interest. For example, it is unlikely that a member from Grimsby would have been involved with any Niagara Falls election campaigns. Some economies of scale will be realized by having a joint committee. Advertising and training costs will be split amongst the participating municipalities and school boards. Staff will bring forward an establishing by -law at a future council meeting. Advertisements for committee members will commence in July. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Council must establish a Compliance Audit Committee by October 1, 2010 This report is coming forward at this time to allow for the appropriate time to advertise for qualified applicants. There will be some nominal cost savings by taking a joint approach with other municipalities and boards. Costs will be allocated to the Elections account Costs in subsequent years (2011 -2014) will be based on whether any compliance audits are requested and granted for Niagara Falls. June 28, 2010 LIST OF ATTACHMENTS CD -2006, 15 Sections 81 and 81.1 of the Municipal Elections Act Uniform terms of reference for the Niagara Compliance Audit Committee Recommended by: Respectfully submitted: - 3 - CD- 2010 -06 Dean L lor ida, City' Clerk Kerb Todd, Chief Administrative Officer The City of Niagara Falls r Canada Members: Corporate Services Department CD- 2006 -15 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2006 Dean Iorfida City Clerk Re: CD- 2006 -15 Compliance Audit Committee RECOMMENDATION: That Council consider whether to establish a Compliance Audit Committee and, if so, which powers to delegate to such a committee as per s. 81 (3.1) of the Municipal Elections Act. BACKGROUND: At the most recent meeting, Council passed a motion asking staff to prepare a report on the possibility of a Compliance Audit Committee. In light of the recent experience in this municipality, and in Hamilton, it is understandable that Council may want to consider delegating its authority under the Municipal Elections Act. Having a committee in place to make decisions on granting or rejecting compliance audits and deciding on prosecution will mean that the Council is not in judgment of its peers. Municipal Elections Act The following is a brief overview of the compliance audit application and review process: ► an elector, who is entitled to vote, may apply for a compliance audit if he or she believes "on reasonable grounds that a candidate has contravened provisions of the Act" related to campaign finances. ► an application must be made within 90 days of a candidate's financial statement filing deadline, it must be made in writing and it must "set out the reasons for the elector's belief'. ► within 30 days of receiving an application, Council must be decided whether to grant or reject the application. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development October 16, 2006 - 2 - CD- 2006 -15 ► within 15 days after the Council's decision is made, the elector may appeal to the Ontario Court of Justice. The court may make any decision that the Council could have made. ► if the request is granted, an auditor licensed under the Public Accounting Act, 2004 shall be appointed to conduct the compliance audit. The auditor is granted broad powers for the purpose of conducting the audit and the auditor's costs are paid by the municipality. ► the auditor shall conduct the audit and prepare a report which outlines apparent contraventions, if any. ► the auditor's report shall be considered By Council within 30 days. ► if there are apparent contraventions, Council shall consider legal proceedings. ► if the auditor's report indicates that there have been no apparent contraventions and it is determined that there are no reasonable grounds for the application, the auditor's costs may be recovered from the elector. As the above notes, there are two major decisions for Council to make: whether to grant or reject the compliance audit and whether to commence legal proceedings. Section 81 (3.1) of the Municipal Elections Act allows Council to delegate some or all of the decision making powers under section 81 of the Act to a committee. Compliance Audit Committee The Act stipulates the following requirements for such a committee: ► it has to be established before voting day. ► the committee shall not include employees or officers of the municipality or Council members. ► the Council shall pay all costs in relation to the operation and activities of the committee. If Council agrees to establish such a committee, staff could have a by -law ready to go for the next Council meeting. The recruitment of actual members of the committee would have to happen at a later date. Finding appropriate individuals to sit on a compliance audit committee could prove problematic. Staff would recommend that committee members have applicable experience in accounting, law, law enforcement or academic - related fields. A general understanding of the campaign finance provisions under the Municipal Election Act would be an asset. There is no guarantee, however that qualified persons will volunteer. When this municipality embarked on the compliance audit process in 2004, there was a general lack of knowledge of compliance audits in the local accounting field. Also, staff would want potential committee members to be impartial and have no connection with any candidates in the Municipal Election. In our medium sized municipality it may be difficult finding professionals with no connection to any candidates or sitting Council members. October 16, 2006 - 3 - CD- 2006 -15 What Authority Can be Delegated? Section 81(3.1) of the Municipal Elections Act contemplates full or partial delegation. Under partial delegation, the compliance audit committee would only decide whether to accept or reject the request for a compliance audit. Full delegation of authorities under s. 81 (3.1) would allow a compliance audit committee to make all of the following decisions: ► whether to accept or reject a compliance audit request. ► the appointment of the auditor to conduct the compliance audit. ► whether to commence legal proceedings for apparent contraventions. ► whether to recover costs if no contravention has occurred. Is There a Need for a Compliance Audit Committee? Unlike three years ago, we now have the benefit of some case law on compliance audits. The Hamilton and Niagara Falls cases offer some guidance on when to grant a compliance audit. The Act states that the elector believes on "reasonable grounds" that a candidate has contravened a provision of the Act related to campaign finances. Justice Culver articulated the standard to be followed, in the Hamilton case: "The standard is one credibly based probability... mere suspicion, conjecture, hypotheses or `fishing expeditions" fall short of the minimally accepted standard from both a common law and constitutional perspective. On the other hand, in addressing the requisite degree of certitude, it must be recognized that reasonable grounds are not to be equated with proof beyond a reasonable doubt or a prima facie case... the appropriate standard of reasonable or credibly based probability envisions a practical, non - technical and common sense probability as to the existence of the facts and inferences asserted." Based on the above standard, which was followed in the Niagara Falls case, staff would posit that unless a compliance audit request is clearly frivolous or a "fishing expedition ", most compliance audit requests should be granted; therefore, there seems to be little need to have a compliance audit committee to come up with this determination. Staff could make such a recommendation to Council. In this writer's opinion, empowering a compliance audit committee to merely determine whether to grant or reject a compliance audit is of minimal value. Granting a compliance audit committee all the possible powers s. 81 (3.1) may be of more value; however, is Council willing to cede all of its powers? The appointment of an auditor is a non- controversial decision based on normal tendering factors such as price, experience and time. Does Council want to give up the decision on whether to commence legal proceedings, and the costs inherent in such a decision? In the Niagara Falls case, despite the auditors, Deloitte Touche, identifying violations under the Municipal Elections Act, the majority of Council took into account the candidate's intent, the nature of the violations and other factors in deciding whether to commence legal proceedings or not. October 16, 2006 - 4 - CD- 2006 -15 Are Compliance Audit Requests the Trend of the Future? The Hamilton and Niagara Falls cases, and publicity surrounding them, may indicate an increased awareness on the part of the electorate of the opportunity for compliance audits. On the other hand, the aforementioned cases may actually reduce the need for compliance audits. Mayor Larry Di Ianni in an article in the latest issue ofMunicipal World states, "I would hope that my experience will help candidates to be accurate and fully compliant with the Act." CONCLUSION: The delegation of Council's authority under the Municipal Elections Act regarding compliance audits has various advantages and disadvantages: Advantages: ► Council will not have to make decisions regarding their peers. ► electors may view a committee as more impartial, particularly if an application may involve a sitting member of Council. ► establishment of a Committee and the appointment of qualified members may provide additional incentive for candidates to be scrupulous in satisfying all election campaign finance requirements. Disadvantages: ► lack of political accountability in the decision - making process, especially with regard to whether to commence legal proceedings. ► additional costs, including costs associated with recruitment and remuneration for appointed members. ► no guarantee of qualified committee members. If Council does decide to delegate powers to a compliance audit committee, it would be staff's recommendation that the committee is entrusted with all powers found under s. 81 (3.1) of the Municipal Elections Act. Recommended by: Dean Iorda City Clerk Approved by: f T. Rav da Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Compliance audit Application 81. (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office; and it shall be in writing and shall set out the reasons for the elector's belief. 2009, c. 33, Sched. 21, s. 8 (44). Deadline (3) The application must be made within 90 days after the latest of, (a) the filing date under section 78; (b) the candidate's supplementary filing date, if any, under section 78; (c) the filing date for the final financial statement under section 79.1; or (d) the date on which the candidate's extension, if any, under subsection 80 (4) expires. 2009, c. 33, Sched. 21, s. 8 (44). Application to be forwarded to committee (4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee established under section 81.1 and provide a copy of the application to the council or local board. 2009, c. 33, Sched. 21, s. 8 (44). Decision (5) Within 30 days after receiving the application, the committee shall consider the application and decide whether it should be granted or rejected. 2009, c. 33, Sched. 21, s. 8 (44). Appeal (6) The decision of the committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the committee could have made. 2009, c. 33, Sched. 21, s. 8 (44). Appointment of auditor (7) If the committee decides under subsection (5) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Same (8) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (7). 2009, c. 33, Sched. 21, s. 8 (44). Duty of auditor (9) The auditor shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate. 2009, c. 33, Sched. 21, s. 8 (44). Who receives report (10) The auditor shall submit the report to, (a) the candidate; (b) the council or local board, as the case may be; (c) the clerk with whom the candidate filed his or her nomination; (d) the secretary of the local board, if applicable; and (e) the applicant. 2009, c. 33, Sched. 21, s. 8 (44). Report to be forwarded to committee (11) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee. 2009, c. 33, Sched. 21, s. 8 (44). Powers of auditor (12) For the purpose of the audit, the auditor, (a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and (b) has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the audit as if it were an inquiry under that Act. 2009, c. 33, Sched. 21, s. 8 (44). Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted: (b) has the powers set out in section 34 of the Public Inquiries Act, 2009 and section 34 applies to the audit. See: 2009, c. 33, Sched. 21, ss. 8 (45), 13 (2). Costs (13) The municipality or local board shall pay the auditor's costs of performing the audit. 2009, c. 33, Sched. 21, s. 8 (44). Power of committee (14) The committee shall consider the report within 30 days after receiving it and may, (a) if the report concludes that the candidate appears to have contravened a provision of this Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; (b) if the report concludes that the candidate does not appear to have contravened a provision of this Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. 2009, c. 33, Sched. 21, s. 8 (44). Recovery of costs (15) If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor's costs from the applicant. 2009, c. 33, Sched. 21, s. 8 (44). Immunity (16) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (7) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith. 2009, c. 33, Sched. 21, s. 8 (44). Saving provision (17) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Compliance audit committee 81.1 (1) A council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. 2009, c. 33, Sched. 21, s. 8 (44). Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. 2009, c. 33, Sched. 21, s. 8 (44). Term of office (3) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. 2009, c. 33, Sched. 21, s. 8 (44). Role of clerk or secretary (4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee's decisions. 2009, c. 33, Sched. 21, s. 8 (44). Costs (5) The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2009, c. 33, Sched. 21, s. 8 (44). 1. Authority 1.1 2. Obiectives "Area Municipalities" Regional Municipality of Niagara Town of Fort Erie Town of Grimsby Town of Lincoln City of Niagara Falls Town of Niagara on the Lake Town of Pelham City of Port Colborne City of St. Catharines City of Thorold Township of Wainfleet City of Welland Township of West Lincoln "School Boards" 1. District School Board of Niagara 2. Niagara Catholic District School Board Appendix "2" to Report No. CS -29 -10 Terms of Reference for Niagara Compliance Audit Committee Section 81.1 of the Municipal Elections Act, 2006 ( "Act') requires the council, before October 1St in an election year, to establish a compliance audit committee for the purposes of Section 81 of the said Act relative to a possible contravention of the election campaign finance rules. 2.1 To establish a Joint Compliance Audit Committee ( "Committee ") and process with the following potential participants (referred to as the "Joint Area"): 2.2 Each Council /Board of the Joint Area will determine its participation in the Joint Compliance Audit Committee and as such, will be referred to herein as "Joint Area Participants ". 2.3 To ensure compliance with Sections 81 and 81.1 of the Act. 3. Name 3.1 The Committee shall be named the "Joint Niagara Compliance Audit Committee" hereinafter called "the Committee." Terms of Reference for Joint Compliance Audit Committee Page Two 3.2 For the purpose of reference to the School Boards, modifications to certain terms used herein shall have a corresponding meaning to the Board, ie Council /Board, Clerk/Secretary, responding municipality /responding board. 4. Type of Committee 4.1 The Committee is a Statutory Committee. 5. Term 5.1 The term of the Committee shall be concurrent with the term of the office of the Council that takes effect following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. 5.2 The term of appointment shall be December 1St of the regular election year to November 30, of the next regular election year. 6. Duration 6.1 The Committee shall be established before October 1St of an election year. 6.2 The establishment of the Committee and terms of reference shall continue as set out herein from Council term to Council term until and unless determined otherwise by Council. However, the appointment of the members to the Committee shall be approved by each Council in the Joint Area prior to October 1St in each election year. 7. Mandate 7.1 An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances. 7.2 The mandate of the Committee is to hear and determine all applications filed in accordance with Section 81 of the Act, in accordance with the procedures established by the Clerk under the Act. Any application which does not meet the legislative deadline for submission will not be presented to the Committee for review. Terms of Reference for Joint Compliance Audit Committee Page Three 7.3 The powers and functions of the Committee are set out in Section 81 of the Act. The Committee shall: 8. Composition (a) review and consider a compliance audit application received from an elector and decide whether it should be granted or rejected; (b) if the application is granted, appoint an auditor to conduct a compliance audit; (c) receive the auditor's report; (d) consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, decide whether legal proceedings against the candidate for the apparent contravention shall be commenced; (e) if the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application, and (f) submit its findings to Council if the report indicates there was no apparent contravention and no reasonable grounds for the application and Council may recover the auditor's costs from the applicant. 8.1 The Committee shall be composed of a maximum of seven (7) members with membership drawn from the following stakeholder groups: (a) accounting and audit — accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates; (b) academic — college or university professors with expertise in political science or local government administration; (c) legal profession with experience in municipal law, municipal election law or administrative law; (d) professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals, and (e) other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996. Terms of Reference for Joint Compliance Audit Committee Page Four 8.2 The Committee shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; (c) any persons who are candidates in the election for which the committee is established or family members or employees of same, or any person connected to a candidate through an employment, contractual, business or partnership relationship, or (d) any person who is or intends to volunteer or seek employment to assist any candidate in the election for which the committee is established. 8.3 When an application has been filed under Section 81 of the Act, only three (3) of the seven (7) members of the Committee shall comprise the audit committee for the purposes of reviewing and considering the application. 8.4 The Clerk of the responding municipality shall determine the selection of the three (3) sitting members of the Committee from the pool of members based on availability. 8.5 To avoid possible conflict of interest, an auditor or accountant appointed to the Committee must agree in writing to not undertake the audits or preparation of the financial statements of any candidates seeking election to Council /Board of Joint Area Participants. Failure to adhere to this requirement will result in the individual being removed from the Committee. 9. Member Selection and Appointment 9.1 All persons interested in serving on the Committee shall complete an application form prescribed by the Clerk setting out their qualifications and experience. 9.2 A Nomination Committee consisting of a majority of the Clerks of the Joint Area Participants shall review the applications and submit a joint short list of candidates to their respective Councils for approval. 9.3 The member selection process shall be carried out by the Joint Area Participant Clerks on behalf of the School Boards. The School Boards shall be so notified of the short-list of candidates. Terms of Reference for Joint Compliance Audit Committee Page Five 9.4 Committee members shall be appointed by each Joint Area Participant Council. 9.5 In the event a vacancy occurs during the term, the municipality may rely on the remaining members to compose a committee of three (3) members. 10. Selection Criteria 10.1 Without limiting the foregoing, members shall be selected on the basis of the following: (a) demonstrated knowledge and understanding of municipal election campaign finance rules; (b) proven analytical and decision - making skills; (c) experience working on a committee, administrative tribunal, task force or similar setting; (d) availability and willingness to attend meetings; (e) excellent oral and written communication skills. 11. Chair of Committee 11.1 The Committee members shall select a Chair form amongst its members at its first meeting. 12. Secretary to Committee 12.1 The Clerk of the responding municipality shall act as Secretary to the Committee. 13. Compensation 13.1 Members of the Committee shall receive an initial honorarium of $100.00, including mileage, for attendance at a training session the costs of which shall be shared equally amongst the Area Municipalities and School Boards. 13.2 Members shall receive an honorarium of $100.00 per meeting, plus mileage at the rate of the responding municipality. Terms of Reference for Joint Compliance Audit Committee Page Six 14. Costs and Funding 14.1 The responding municipality shall fund and pay all costs associated with the Committee, including the retention of an auditor and any costs incurred as a result of a decision of the Committee being challenged to the Ontario Court of Justice. 14 2 The Joint Area Participants shall share equally in the costs associated with advertising and training. 14.3 If the report indicates there was no apparent contravention and the Committee finds there were no reasonable grounds for the application, the Council or local board is entitled to recover the auditor's costs from the applicant. 15. Auditor 15.1 The Area Clerks shall issue a joint RFP for auditor services. 15.2 The Committee shall appoint an auditor. 16. Meetings 16.1 The Committee shall conduct its meeting in public subject to the need to meet in closed session for a purpose authorized by Section 239 of the Municipal Act, 2001. 16.2 The municipality's website shall be used to communicate meeting notices, agendas, minutes and decisions. 16.3 The Committee shall conduct its meetings in accordance with the responding municipality's Council Rules of Procedure By -law and the Statutory Powers Procedures Act, with modifications as necessary. 17. Conflicts 17.1 Committee members shall comply with the Municipal Conflict of Interest Act and shall disclose a pecuniary interest to the Secretary and absent him /herself from meetings for the duration of the consideration of the application, discussion and voting with respect to the matter. 17.2 In the event a member discloses a pecuniary interest in the application, the Clerk of the responding municipality shall select another member to replace him /her on the Committee Terms of Reference for Joint Compliance Audit Committee Page Seven 18. Practices and Procedures Prepared: 18.1 The Clerk shall establish administrative practices and procedures for the Committee and shall carry out any other duties required under the Act to implement the Committee's decisions. Approved by Council: F- 2010 -38 Niagaraj7alls June 28, 2010 c +nxux REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -38 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $35,449,887.32 for the period May 6, 2010 to June 9, 2010. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: _/ Todd Hairison, Dir • ctor of Financial Services Respectfully submitted: Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 2088937 ONTARIO INC 5 -0 TAXI CO INC 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS & SAFETY SUPF 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A & T ROBERTO LTD A B C RECREATION LTD A COUPLE OF CHICKS MARKETING LTD A J STONE COMPANY LTD A J STONE COMPANY LTD ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKER, MARK ADVANCE TOWING ADVANCE TOWING ADVANTAGE AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALSOP,TINA ALWARD,BRADLEY AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMISS,DERRICK ANDERS,CHRIS ANDERS,CHRIS ANDERSON,JEFF ANTONIO,CHUCK ANTONSEN,DAVID APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC AQUICON CONSTRUCTION CO LTD ARCHAEOLOGICAL SERVICES INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ASPHODEL FIRE TRUCKS LTD ASSOC OF MUNICIPAL TAX COLLECTORS OF ONTARIO AVERTEX UTILITY SOLUTIONS INC B & B LIFT TRUCK SERVICE B & C TRUCK CENTRE B & C TRUCK CENTRE B & C TRUCK CENTRE BAGNULO,JESSICA BAHRY,JOHN BAIOCCO CONSTRUCTION CORPORATION BALDASSARO,VINCE BALDINELLI,ANNA MARIA BALDINELLI,LOUIE BANK OF NOVA SCOTIA BATES,ZACHARY BECKHAM,MARK BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS Cheque No 1198891 ONTARIO INC O/A NIAGARA PENINSULA CONSTRUCTOOr 337062 336958 336959 337141 336996 337697 337319 337142 337533 337310 337680 336960 337532 US DRAFT 337306 337679 337307 336961 337143 337308 336962 337144 337309 337534 337311 337682 336963 337145 337312 337535 337681 337313 337146 336964 337518 337683 337684 337353 337562 337685 337147 337314 336965 337536 337537 337148 337150 337316 337149 337315 337538 336966 337317 337318 336967 337540 337686 336970 337153 337687 337320 337541 337151 337542 337543 337321 337152 336969 337688 337323 337544 337689 337155 Cheque Date Purpose 13- May -2010 13- May -2010 13- May -2010 19- May -2010 13- May -2010 09- Jun -2010 26- May -2010 19- May -2010 02- Jun -2010 26- May -2010 09- Jun -2010 13- May -2010 02- Jun -2010 14- May -2010 26- May -2010 09- Jun -2010 26- May -2010 13- May -2010 19- May -2010 26- May -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 26- May -2010 09- Jun -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 26- May -2010 19- May -2010 13- May -2010 27- May -2010 09- Jun -2010 09- Jun -2010 26- May -2010 02- Jun -2010 09- Jun -2010 19- May -2010 26- May -2010 13- May -2010 02- Jun -2010 02- Jun -2010 19- May -2010 19- May -2010 26- May -2010 19 -May -2010 26- May -2010 02- Jun -2010 13- May -2010 26- May -2010 26- May -2010 13- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 19- May -2010 09- Jun -2010 26- May -2010 02- Jun -2010 19- May -2010 02- Jun -2010 02- Jun -2010 26- May -2010 19- May -2010 13- May -2010 09- Jun -2010 26- May -2010 02 -Jun -2010 09- Jun -2010 19- May -2010 SERVICES REFUND SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONFERENCE MATERIALS SERVICES STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES REFUND REMITTANCE REMITTANCE PAYROLL REMITTANCE TRAVEL/MILEAGE MATERIALS TRAVEL/MILEAGE MEMBERSHIP OACETT MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS EQUIPMENT MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS GRANT REBATE CONTRACT SERVICES GRANT REBATE REFUND REFUND REFUND MATERIALS MATERIALS UTILITIES UTILITIES SERVICES MATERIALS Page 1 of 11 Amount 1,706.25 3,000.00 3,007.20 68.25 50,857 53 12, 546.63 2,625.00 103,048 32 8,400 00 66 80 1,630 99 299.25 1,289 71 12619 842.14 47.25 1,340.98 945 55 65 89 38.28 1,593 65 542.77 3,447 04 346.50 10,452.75 144 64 658.93 1,148.49 183.80 319 32 11.28 100 00 400 00 1,675 00 1,641 50 1,959 75 56 45 59 00 285.00 204 52 76 00 212.50 508 50 5,605 91 1,158, 332.21 7,993 13 37.29 2,362.36 540.26 1,098.27 123 68 28.25 28.25 191,198 04 357 00 1,890 00 231 37 768 16 842 47 663 54 400 00 50 00 29,831.54 50 00 206.10 373.22 508 00 500.00 80.00 19 54 9,252.10 64.23 56.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENDO,WAYNE BENEFIT CAMPAIGN BENSON TIRE BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIRMINGHAM FIRE CONTROL BISHOP,KENDRA BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBB BARRATT PHOTOGRAPHER BONDFIELD CONSTRUCTION COMPANY LIMITED BONK,KEN BORDEN LADNER GERVAIS BORTOLIN,SANDRA BOYD,CONNAR BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK & PARTNERS IN TRUST BRYANT,JAMES BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURDETT,JOEDY BURKE GROUP - THE BURLINGTON TEEN TOUR BAND BUTTREY THE BUTTREY THE C R I FIRE & SECURITY C -MAX FIRE SOLUTIONS C -MAX FIRE SOLUTIONS CAESARS WINDSOR CALE SYSTEMS INC CALE SYSTEMS INC CALVERT,GEOFFREY EDWARD CAMERA PLACE FOTO SOURCE - THE CAN AM INSTRUMENTS LTD CANADA BREAD - ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADA CULVERT CANADIAN BEARINGS LTD CANADIAN CENTRE FOR OCCUPATIONAL HEALTH & SAFETY CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANARCH DESIGNS CANNON HYGIENE CANADA LTD CANQUEST COMMUNICATIONS (WIRELESS) INC CANQUEST COMMUNICATIONS (WIRELESS) INC CANSEL CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CAPTION IT CARLETON UNIFORMS INC CARNEVALE,BROOKE CARRICK,MARZENNA CARRIERE,RYAN CARRIERE,RYAN CARTER,PAUL CARVAGAL,CHRISTIAN CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL COMMUNICATIONS Cheque No. Cheque Date Purpose 337324 26- May -2010 MATERIALS 336971 13- May -2010 MATERIALS 336972 13- May -2010 REMITTANCE 336973 13- May -2010 MATERIALS 337156 19- May -2010 MATERIALS 336974 13- May -2010 STORES /INVENTORY 337325 26- May -2010 STORES /INVENTORY 337548 02- Jun -2010 STORES /INVENTORY 337549 02- Jun -2010 MATERIALS 337326 26- May -2010 MATERIALS 337158 19- May -2010 CONTRACT SERVICES 337550 02- Jun -2010 CONTRACT SERVICES 337157 19- May -2010 MATERIALS 337159 19- May -2010 CONTRACT SERVICES 337327 26- May -2010 REFUND 337328 26- May -2010 CONTRACT SERVICES 337329 26- May -2010 MATERIALS 337330 26- May -2010 MATERIALS 337331 26- May -2010 MATERIALS 337332 26- May -2010 GRANT 336975 13- May -2010 MATERIALS 337333 26- May -2010 MATERIALS 337690 09- Jun -2010 SERVICES 336976 13- May -2010 STORES /INVENTORY 337334 26- May -2010 STORES /INVENTORY 337551 02- Jun -2010 STORES /INVENTORY 337302 20- May -2010 MATERIALS 337336 26- May -2010 SERVICES 336977 13- May -2010 MATERIALS 337160 19- May -2010 MATERIALS 337337 26- May -2010 MATERIALS 337553 02- Jun -2010 MATERIALS 337554 02- Jun -2010 REFUND 337555 02- Jun -2010 MATERIALS 336978 13 -May -2010 MATERIALS 337161 19- May -2010 MATERIALS 337339 26- May -2010 MATERIALS 337704 09- Jun -2010 REFUND DAMAGE DEPOSIT 337356 26- May -2010 MATERIALS 337569 02- Jun -2010 MATERIALS 336979 13- May -2010 MATERIALS 337340 26- May -2010 COMPUTER 337556 02- Jun -2010 SERVICES 336980 13- May -2010 MATERIALS 337341 26- May -2010 MATERIALS 336981 13- May -2010 CONTRACT SERVICES 337162 19- May -2010 MATERIALS 337557 02- Jun -2010 MATERIALS 337691 09- Jun -2010 MATERIALS 337342 26- May -2010 STORES /INVENTORY 337343 26- May -2010 MATERIALS 336983 13- May -2010 MATERIALS 337344 26- May -2010 MATERIALS 337692 09- Jun -2010 SERVICES 337163 19- May -2010 CONTRACT SERVICES 336985 13- May -2010 MATERIALS 337346 26- May -2010 MATERIALS 336982 13- May -2010 REFUND 337345 26- May -2010 CONTRACT SERVICES 336984 13- May -2010 MATERIALS 337558 02- Jun -2010 MATERIALS 336986 13- May -2010 MATERIALS 337347 26- May -2010 CONTRACT SERVICES 337693 09- Jun -2010 CONTRACT SERVICES 337164 19- May -2010 MATERIALS 336987 13- May -2010 MATERIALS 337348 26- May -2010 REFUND 336988 13- May -2010 TRAVEUMILEAGE 337165 19- May -2010 REFUND 337559 02- Jun -2010 MATERIALS 337349 26- May -2010 REFUND 337350 26- May -2010 MATERIALS 337166 19- May -2010 CONTRACT SERVICES 336990 13- May -2010 CONTRACT SERVICES Page 2 of 11 Amount 242.95 300 00 131.25 6,300 65 310 00 28 82 139 36 411 32 48 59 400 00 540 75 879 90 1,417 02 3,065,199 42 596.26 13, 891.23 1,070 00 400 00 169 15 16,066 67 879 98 109 02 1,285 98 252.36 280 15 6 82 5,103 98 825.00 64917 40 63 740 04 743.74 70 50 1,050 00 321 06 250 00 689 33 750 00 236.55 3,011.24 924 00 180 80 1,830 60 500 00 101 70 3,679.28 52.00 47 01 1,347 83 838 42 650.00 1,979 26 190 05 3,467.20 1,039 90 3,263 50 988 21 180 00 264 60 84 75 122.75 9,660 00 557 76 210 00 1,878.25 333 35 191 90 89 50 150 00 485 63 267 15 400 00 136,628 82 157 50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERMINARA,JACK& CERMINARA, DELIA CH2M HILL CANADA LTD CHAMBERS,ROBERT CHARLES,TIM CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIBC ELECTRONIC BANKING OPERATIONS CIMCO REFRIGERATION CIMCO REFRIGERATION CIRCLE P PAVING INC CIT FINANCIAL LTD CITY OF THOROLD PIPE BAND C/O MR. ALAN SPENCER CLANCY, KI RBY CLARK, WILLIAM CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CLAYDON,JEFF COBB & JONES LAW OFFICE COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COLLEE, DOUGLAS COLLEE,DOUGLAS COLLEE,DOUGLAS COLLINSON,JACK COLONNA,JOE COMMERCIAL DIGITAL PRINT INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM- ONTARIO COMPLETE UTILITES CONTRACTING INC CONTINENTAL TIRE CANADA INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD SMITH & SWALLOW CREDIT BUREAU SERVICES CANADA CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUVIELLO,NICK CUVIELLO,VINCE D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC DAGG,MICHAEL DALTON,LINDA DANG,VIHUNG& DANG, DIEMTHUY DARCH FIRE DARK,TRENT DAVEY TREE EXPERT CO DAY TIMERS OF CANADA LTD DEBENEDETTI,NICK DEGREGORIO,NICK DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DESORMEAUX,LARRY DEVRON PIPE SALES DEVRON PIPE SALES DICARLO,ANTHONY DIMOND,MARK DIPIETRO,MARY & SAL& TARTAGLIA, ANN & CARMEN DRAFTING CLINIC CANADA LTD DUERKSEN,ANGELA Cheque No. Cheque Date Purpose 336991 13- May -2010 STORES /INVENTORY 337167 19- May -2010 STORES /INVENTORY 337351 26- May -2010 MATERIALS 337694 09- Jun -2010 MATERIALS 337560 02- Jun -2010 CONTRACT SERVICES 337695 09- Jun -2010 REFUND DAMAGE DEPOSIT 336992 13- May -2010 CONTRACT SERVICES 337696 09- Jun -2010 MATERIALS MEDICAL 337169 19- May -2010 REFUND 336993 13- May -2010 STORES /INVENTORY 337168 19- May -2010 STORES /INVENTORY 337352 26- May -2010 STORES /INVENTORY 337561 02- Jun -2010 STORES /INVENTORY 336994 13- May -2010 REFUND 336995 13- May -2010 MATERIALS 337563 02- Jun -2010 CONTRACT SERVICES 337564 02- Jun -2010 CONTRACT SERVICES 337170 19- May -2010 MATERIALS 337354 26- May -2010 MATERIALS 337566 02- Jun -2010 MATERIALS 337355 26- May -2010 CONTRACT SERVICES 337171 19- May -2010 MATERIALS 337567 02- Jun -2010 MATERIALS 336998 13- May -2010 TRAVEUMILEAGE 337568 02- Jun -2010 TRAVEUMILEAGE 337357 26- May -2010 REFUND 337172 19- May -2010 UTILITIES 337358 26- May -2010 UTILITIES 337570 02- Jun -2010 SERVICES 337698 09- Jun -2010 SERVICES US DRAFT 14- May -2010 CONFERENCE 337571 02- Jun -2010 REFUND 337699 09- Jun -2010 MATERIALS 337700 09- Jun -2010 TRAVEUMILEAGE 337359 26- May -2010 SERVICES 337701 09- Jun -2010 MATERIALS 336999 13- May -2010 MATERIALS 337173 19- May -2010 CONTRACT SERVICES 337572 02- Jun -2010 CONTRACT SERVICES 337702 09- Jun -2010 MEMBERSHIP 337573 02- Jun -2010 CONTRACT SERVICES 337360 26- May -2010 MATERIALS 337174 19- May -2010 CONTRACT SERVICES 337703 09- Jun -2010 SERVICES 337175 19- May -2010 CONTRACT SERVICES 337361 26- May -2010 MATERIALS 337000 13- May -2010 REMITTANCE 337519 27- May -2010 REMITTANCE 337705 09- Jun -2010 PAYROLL REMITTANCE 337574 02- Jun -2010 GRANT REBATE 337362 26- May -2010 REFUND 337005 13- May -2010 CONTRACT SERVICES 337181 19- May -2010 CONTRACT SERVICES 337363 26- May -2010 MATERIALS 337706 09- Jun -2010 MATERIALS 337177 19- May -2010 REFUND 337364 26- May -2010 MATERIALS 337365 26- May -2010 REFUND 337178 19- May -2010 CONTRACT SERVICES 337001 13- May -2010 MATERIALS 337707 09- Jun -2010 TRAVEUMILEAGE CONFERENCE (0. 337708 09- Jun -2010 MATERIALS 337366 26- May -2010 MATERIALS 337575 02- Jun -2010 MATERIALS 337002 13- May -2010 MATERIALS 337367 26- May -2010 MATERIALS 337003 13- May -2010 MATERIALS 337368 26- May -2010 MATERIALS 337576 02- Jun -2010 MATERIALS 337004 13- May -2010 MATERIALS 337709 09- Jun -2010 MATERIALS 337179 19- May -2010 GRANT 337577 02- Jun -2010 SERVICES 337369 26- May -2010 TRAVEUMILEAGE Page 3 of 11 Amount 390 73 1,667 47 450 87 273.84 1,644 30 750 00 11, 893.00 100.00 200 00 1,730.73 2,002.17 3,136.08 1,782.17 180 00 476 51 201 81 64,115 10 9,946 40 700 00 150.00 1,127 50 585.06 56.50 228.50 185.00 60 00 451 42 144 62 104 95 355 70 142.63 45.00 348.84 132.50 1,200 00 73.45 117 43 26,334 92 2,837 91 155.00 2,433.38 196.67 1,925 00 1,221 00 14,385.00 228 14 8,405 91 8,610 13 8,653 56 50 00 150 00 693.00 236.25 400 00 150 00 467 13 1,081 50 431 73 1,837.50 72.22 86 93 80 00 40,950 00 2,401 35 13,598 53 496 80 85 00 738 99 409 48 200 00 150 00 7,800 00 370 53 250 00 1 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DUPUIS,ULY E & R LAWN EQUIPMENT EASTGATE TRUCK CENTRE E4TON,DOUG ECO SOLUTIONS ELECTRICAL SAFETY AUTHORITY - 17405 ELECTROMEGA LTD ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENVIRONS WHOLESALE NURSERY EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC ETHERINGTON,DAVE ETHERINGTON,DAVE EVANOFF,VICTOR EVANS,DOUG EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FABIANO,COSTANTINO FARNAN, JR,GARY R FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FIELD OF DREAMS FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIREHALL ONLINE INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FITKOWSKI,WRAY FLAGRO INDUSTRIES FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRESH G C DUKE EQUIPMENT LTD G P S PURSUIT INC GALES GAS BARS GAMMA - DYNACARE MEDICAL LABORATORIES GARDNER - DURDLE,TORENA GENIVAR CONSULTANTS LIMITED PARTNERSHIP GLENTEL WIRELESS CENTRE GLOBAL WELDING GOODLIFE FITNESS CLUBS GOWLING LAFLEUR HENDERSON LLP GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAKES & ST LAWRENCE CITIES INITIATIVE GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND Cheque No 337182 337583 337710 337712 337370 337184 337185 337578 337006 337186 337372 337579 337713 337373 337007 337187 337374 337580 337714 337581 337375 337188 337376 337582 337715 337008 337584 337009 337010 337716 337189 337585 337011 337586 337012 337190 337377 337587 337717 337378 337191 337192 337379 337014 337013 337380 337718 337588 337381 337015 337193 337382 337589 337719 337383 337194 337384 337590 337386 337390 337195 337385 337016 337387 337591 337388 337018 337389 337019 337196 337391 337592 337392 337593 Cheque Date 19- May -2010 02- Jun -2010 09- Jun -2010 09- Jun -2010 26 -May -2010 19- May -2010 19 -May -2010 02- Jun -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 26- May -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 02- Jun -2010 26- May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 02- Jun -2010 13- May -2010 13- May -2010 09- Jun -2010 19- May -2010 02- Jun -2010 13- May -2010 02- Jun -2010 13- May -2010 19- May -2010 26- May -2010 02 -Jun -2010 09- Jun -2010 26- May -2010 19- May -2010 19 -May -2010 26- May -2010 13- May -2010 13- May -2010 26- May -2010 09- Jun -2010 02- Jun -2010 26- May -2010 13 -May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 26- May -2010 19- May -2010 26- May -2010 02- Jun -2010 26- May -2010 26- May -2010 19- May -2010 26- May -2010 13- May -2010 26- May -2010 02- Jun -2010 26- May -2010 13- May -2010 26- May -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 26- May -2010 02- Jun -2010 Purpose TRAVEUMILEAGE EQUIPMENT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES MATERIALS MATERIALS CONTRACT SERVICES LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS GRANT REBATE MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS ADVERTISING MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP PAYROLL REMITTANCE Page 4 of 11 Amount 225.50 1,580 87 142.20 100 00 3,649.20 74 55 1,412.50 22,663 41 447 98 1,022.27 2,614 16 1,968 97 3,044 48 36,832.83 13,451 72 3,383 33 838 76 873 53 10, 432.35 4,180 64 5,940 83 12, 972.40 10,757 60 6,328 00 6,011 60 107 00 116 50 102.00 105.00 259 99 1,497 30 267 75 1,497 00 139.26 316.91 1,181 41 416 09 1,131 83 1,478.90 24 99 678.00 341 94 1,374 96 492.03 625 80 118 56 47 37 50 00 623.84 494 38 176.97 35.58 2,852 26 2,736.92 14,619 72 90 50 10,321 83 425 03 1,417 90 52.50 52 23 68.25 50 DO 1,833 07 910,467 17 885.00 105 00 8,018 90 70.26 461 15 1,954 95 57.25 5,000 00 113.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GREY ISLAND SYSTEMS INC GRIMSBY PIPE BAND GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GRUBICH,JOHN GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUALTIERI,FRANCESCO GUGLIOTTA,JOE GUILLEMETTE,ALAIN HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HARPER POWER PRODUCTS INC HARRIMAN JOHN HARRISON,TODD HEALTH AND SAFETY ASSOC FOR GOVERNMENT SERVICES HENDERSON RECREATION EQUIPMENT LIMITED HENRY,KURTIS TYLER HEUSERS STEEL WORKS LTD HICKS,BRUCE HICKS, DEREK HICKS,DOUG HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HILLIKER,SEAN HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOARE,COLIN& HOARE, CAROL HOGARTH,GARY HOLMAN,GEOFF HOLMAN,GEOFF HOWARD,ARTHUR JAMES HY GRADE PRECAST CONCRETE HYDRASERV LIMITED ICECO ADVANCED ARENA PRODUCTS IGNITION AUDIO CIO PAUL GIGLIOTTI INDEXATOR INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INGLIS,JEREMY J & B PROCESS SERVING INC J & 8 PROCESS SERVING INC JACKSON,DAVE JACKSON,JEFFREY JAMES ROCCA BARRISTER (IN TRUST) JAMES ROCCA BARRISTER (IN TRUST) JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOE SALVATORE ELECTRICAL & MECHANICAL JOE SALVATORE ELECTRICAL & MECHANICAL KALLI O, JAM ES KIDD,KASSIDY KING CONTRACTORS OF NIAGARA LTD KLEENOIL OIL FILTRATION SPECIALISTS INC KNECHT BERCHTOLD INC KOABEL,T KONE INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KWIK MIX MATERIALS LIMITED L CAMPBELL & ASSOCIATES LAKES MAINTENANCE LANCASTER BROOKS WELCH LLP IN TRUST LANGLOIS,PAUL LAPP - HANCOCK ASSOCIATES LTD LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD Page 5 of 11 Cheque No. Cheque Date Purpose Amount 337393 26- May -2010 CONTRACT SERVICES 2,974 30 337394 26- May -2010 MATERIALS 650 00 337020 13- May -2010 CONTRACT SERVICES 3,235 59 337197 19- May -2010 CONTRACT SERVICES 15,048.23 337720 09- Jun -2010 TRAVEUMILEAGE APRIL 2010 74 50 337021 13- May -2010 MATERIALS 13.56 337198 19- May -2010 SUPPLIES 1,857 77 337395 26- May -2010 STORES /INVENTORY 2,22194 337022 13- May -2010 REFUND 973.79 337595 02- Jun -2010 MATERIALS 195.53 337721 09- Jun -2010 REFUND DAMAGE DEPOSIT 750 00 337199 19- May -2010 MATERIALS 62150 337396 26- May -2010 MATERIALS 2,712.00 337397 26- May -2010 SUPPLIES 920 09 337200 19- May -2010 MATERIALS 893 35 337398 26- May -2010 CONTRACT SERVICES 10,226.47 337596 02- Jun -2010 CONTRACT SERVICES 2,371 75 337597 02- Jun -2010 MATERIALS 243 62 337598 02- Jun -2010 MATERIALS 393.75 337399 26- May -2010 MATERIALS 5,520 05 337400 26- May -2010 MATERIALS 400 00 337401 26- May -2010 MATERIALS 105.00 337722 09- Jun -2010 MATERIALS 124.29 US DRAFT 14- May -2010 CONFERENCE 125 84 337599 02- Jun -2010 MATERIALS 150.00 337023 13- May -2010 CONTRACT SERVICES 562.80 337723 09- Jun -2010 CONSULTING SERVICES 7,463.42 337024 13- May -2010 REFUND 750 00 337025 13- May -2010 LEASES AND RENTS 3,254 87 337402 26- May -2010 LEASES AND RENTS 3,254.87 337724 09- Jun -2010 REFUND TAX OVERPYMT MAY2010 305 49 337403 26- May -2010 SERVICES 50.00 337026 13- May -2010 TRAVEUMILEAGE 126.00 337725 09- Jun -2010 TRAVEUMILEAGE 146.50 337404 26- May -2010 MATERIALS 400 00 337727 09- Jun -2010 MATERIALS 1,163.30 337726 09- Jun -2010 MAINTENANCE /REPAIRS 573.94 337600 02- Jun -2010 MATERIALS 3,96713 337728 09- Jun -2010 MATERIALS 500.00 337601 02- Jun -2010 CONTRACT SERVICES 1,250 64 337027 13- May -2010 MATERIALS - SAFETY FOOT WEAR 1,075.29 337405 26- May -2010 SERVICES 148.42 337602 02- Jun -2010 MATERIALS 418.63 337201 19- May -2010 MATERIALS 150 00 337202 19- May -2010 CONSULTING SERVICES 73.50 337406 26- May -2010 MATERIALS 36.75 337603 02- Jun -2010 TRAVEUMILEAGE 229.00 337729 09- Jun -2010 TRAVEUMILEAGE 313.00 337527 27- May -2010 MATERIALS 1,125.00 337528 27- May -2010 MATERIALS 764 00 337730 09- Jun -2010 MATERIALS 6,090 00 337203 19- May -2010 REFUND 1,022.25 337028 13- May -2010 MATERIALS 183 79 337204 19- May -2010 MATERIALS 485 90 337029 13- May -2010 REFUND -TAX OVERPAYMENT 234.96 337408 26- May -2010 MATERIALS 400 00 337604 02- Jun -2010 CONTRACT SERVICES 31,785 97 337237 19- May -2010 SUPPLIES 762.07 337409 26- May -2010 SUPPLIES 2,987 72 337205 19- May -2010 REFUND 400 00 337030 13- May -2010 CONTRACT SERVICES 242.34 337206 19- May -2010 SERVICES 430.50 337410 26- May -2010 CONTRACT SERVICES 1,701 00 337605 02- Jun -2010 CONTRACT SERVICES 2,919 00 337031 13- May -2010 TRAVEUMILEAGE 102.00 337207 19- May -2010 SERVICES 1,555.08 337413 26- May -2010 CONTRACT SERVICES 1,231.23 337411 26- May -2010 CONTRACT SERVICES 81 90 337208 19- May -2010 CONSULTING SERVICES 750 00 337209 19- May -2010 REFUND 150.00 337412 26- May -2010 CONSULTING SERVICES 12,048.75 337032 13- May -2010 MATERIALS 1,369 56 337606 02- Jun -2010 SUPPLIES 878.69 337731 09- Jun -2010 MATERIALS 88.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LEXISNEXIS CANADA INC LIGHTNING EQUIPMENT SALES LTD LINCOLN & WELLAND REGIMENT BAND LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPSCOMB,BRIAN LIQUID INDUSTRIES CANADA LOUD ADVERTISING LUEY,CATHERINE LUEY,CATHERINE LUNDY'S LANE BIA LYMBURNER, ROBERT M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M S A CANADA MACKEY,KEVIN JAMES& SHARMA, LINDA VEDA MACKLEM,MICHAEL MACLEAN,JASON MALLETT,TAYLOR MANCHESTER SUPPLY MANN,DOUG& MANN, CATHARINE MANN,DOUG MANNING,JENNIFER MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MARI -LYNNE EASTLAND MARTIN,STAN MATOVIC,ALEXANDER MATOVIC,HAILEY MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAXIMUM ARREST FORCE INC MAY,WILLIAM JOHN MCBRIDE,ERIN MCCANICAL INC MCCARTER GRESPAN BEYNON WEIR LLP MCCAULEY,DON MCCONNELL,LUCILLE MCNAMARA,SUSAN MCNAMARA,SUSAN MCQUAY,JANET MCRAE,CODY,C,T MCRAE,LEN MCRAE,LEN MCWILLIAM & ASSOCIATES METRO PLUMBING & HEATING METRO PLUMBING & HEATING MHPM PROJECT MANAGERS INC MIDE BISTRO MIDE BISTRO MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MLDAO MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONRAD,KENNETH OR GAIL MONTEITH -BROWN PLANNING CONSULTANTS MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY BROS & NORTHLAND SUPPLY MORINELLO,JOE Cheque No 337732 337211 337415 337034 337609 337610 337611 337416 337612 337734 337035 US DRAFT 337429 337738 337223 337619 337212 337426 337036 337417 337418 337213 337735 337303 337214 337419 337711 337215 337420 337421 337422 337038 337613 337039 337614 337216 337217 337218 337040 337041 337615 337423 337219 337424 337736 337220 337042 337221 337425 337427 337616 337617 337044 337045 337304 337522 337523 337222 337125 337529 337797 337043 337521 337737 337428 337046 337224 337430 337618 337047 337431 337739 337048 337740 Cheque Date 09- Jun -2010 19- May -2010 26- May -2010 13 -May -2010 02- Jun -2010 02- Jun -2010 02- Jun -2010 26- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 02- Jun -2010 26- May -2010 09- Jun -2010 19- May -2010 02- Jun -2010 19- May -2010 26- May -2010 13- May -2010 26 -May -2010 26- May -2010 19 -May -2010 09- Jun -2010 20- May -2010 19- May -2010 26- May -2010 09- Jun -2010 19- May -2010 26- May -2010 26- May -2010 26- May -2010 13- May -2010 02- Jun -2010 13- May -2010 02- Jun -2010 19- May -2010 19- May -2010 19- May -2010 13- May -2010 13- May -2010 02- Jun -2010 26- May -2010 19 -May -2010 26- May -2010 09- Jun -2010 19- May -2010 13 -May -2010 19- May -2010 26- May -2010 26- May -2010 02- Jun -2010 02- Jun -2010 13- May -2010 13- May -2010 20- May -2010 27 -May -2010 27- May -2010 19 -May -2010 13- May -2010 27 -May -2010 09- Jun -2010 13- May -2010 27- May -2010 09 -Jun -2010 26- May -2010 13- May -2010 19 -May -2010 26 -May -2010 02- Jun -2010 13- May -2010 26- May -2010 09- Jun -2010 13- May -2010 09- Jun -2010 Purpose MATERIALS SUPPLIES MATERIALS FUEL FUEL REFUND MATERIALS ADVERTISING REFUND REFUND REMITTANCE CONFERENCE SUPPLIES MATERIALS SERVICES MATERIALS REFUND REFUND MEMBERSHIP REFUND SUPPLIES REFUND MATERIALS MATERIALS SUPPLIES SERVICES MATERIALS REFUND MATERIALS REFUND TRAVEUMILEAGE REFUND - COMMITTEE OF ADJUST -A SERVICES REFUND- DAMAGE DEPOSIT MATERIALS CONTRACT SERVICES REFUND REFUND TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS REFUND REFUND REFUND REFUND CONSULTING SERVICES SERVICES SERVICES CONTRACT SERVICES SERVICES MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND CONTRACT SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS Page 6 of 11 Amount 90 83 191 87 800 00 29,392.o._ 30,485 19 20 00 435 05 2,373.00 300 00 255 00 69,000 00 100.42 1,710 96 228 48 782 91 525 58 194 00 234 15 196 00 400 00 869 53 300 00 130 00 500 00 6,688 27 3,927 30 850 50 200 00 400 00 400 00 221 00 900.00 5,880 00 750 00 450 00 3,608 96 1,015 81 200 00 96.00 102.00 90 00 145 59 25 00 360 00 60 00 2,100 00 10, 597.23 16,081 96 11,199 86 307 02 384.20 228 50 84,156 90 354 45 9 129 98 57,432.83 3,654 14 1,040 00 497 01 494 55 519 68 3,519 35 3,517 07 2,718 09 100 00 88.70 266 10 505 01 2,015 86 221.24 10,911 49 8,667 66 1,453 74 226 75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MOROCCO,JOHN MOROCCO,JOHN MOSS,RACHEL MR QUICK SOFT CLOTH MTE PARALEGAL PROFESSIONAL CORPORATION MUNICIPAL WORLD INC MURDACA,JOSEPH MUSSARI,TOM N Y STYLE DELI N.S.M FABRICATING LIMITED NEWMAN.MARK NEXTERRA SUBSTRUCTURES INCORPORATED NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COLLEGE NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INC NIAGARA COMMUNITY NEWSPAPERS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DISTRICT ART ASSOCIATION NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS BADMINTON TENNIS & LAWN BOWLING CLUB NIAGARA FALLS CONCERT BAND NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS SOCCER CLUB INC NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC 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 PLUMBING SUPPLY COMPANY LIMITED NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGION TRANSPORTATION SERVICES NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONALATHLETICS C/O DAVID TROTTER NIAGARA ROADS SUPERVISORS ASSOCIATION NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA UNITED SOCCER CLUB NIAGARA.COM NICHOLLS MARINE LTD O'CONNOR,PATRICK THOMAS OAKWOOD PLACE SHOPPING CENTRE INC OCE- CANADA INC OCE- CANADA INC OLEKSUIK,AL OMERS OMERS OMERS OMERS Cheque No. Cheque Date Purpose 337049 13- May -2010 TRAVEUMILEAGE 337741 09 -Jun -2010 TRAVEUMILEAGE 337432 26 -May -2010 MATERIALS 337742 09 -Jun -2010 CONTRACT SERVICES 337433 26- May -2010 CONSULTING SERVICES 337743 09- Jun -2010 SUBSCRIPTION 337434 26 -May -2010 REFUND 337435 26- May -2010 PETTY CASH 337236 19- May -2010 SUPPLIES 337235 19- May -2010 SERVICES 337225 19- May -2010 REFUND 337051 13- May -2010 CONTRACT SERVICES 337744 09- Jun -2010 CONTRACT SERVICES 337436 26- May -2010 SERVICES 337227 19- May -2010 SUPPLIES 337437 26- May -2010 SUPPLIES 337438 26- May -2010 GRANT 337746 09- Jun -2010 CONSULTING SERVICES 337745 09- Jun -2010 MATERIALS 337228 19- May -2010 ADVERTISING 337439 26- May -2010 MAINTENANCE /REPAIRS 337053 13- May -2010 GRANT 337057 13- May -2010 GRANT 337747 09- Jun -2010 REMITTANCE 337059 13- May -2010 PAYROLL REMITTANCE 337524 27- May -2010 PAYROLL REMITTANCE 337525 27- May -2010 PAYROLL REMITTANCE 337748 09- Jun -2010 PAYROLL REMITTANCE 337054 13- May -2010 REMITTANCE 337440 26- May -2010 GRANT 337055 13- May -2010 GRANT 337056 13- May -2010 GRANT 337229 19 -May -2010 DOG TAGS 337441 26- May -2010 DONATION 337058 13- May -2010 GRANT 337621 02- Jun -2010 MATERIALS 337622 02- Jun -2010 MATERIALS 337060 13- May -2010 GRANT 337443 26- May -2010 GRANT 337445 26- May -2010 SERVICES 337061 13- May -2010 UTILITIES 337446 26- May -2010 UTILITIES 337447 26- May -2010 SERVICES 337138 14- May -2010 UTILITIES 337139 14- May -2010 UTILITIES 337448 26- May -2010 WATER ARREARS 337449 26- May -2010 UTILITIES 337676 04- Jun -2010 UTILITIES 337677 04- Jun -2010 UTILITIES 337749 09- Jun -2010 UTILITIES 337064 13- May -2010 SUPPLIES 337232 19- May -2010 SUPPLIES 337624 02- Jun -2010 MATERIALS 337065 13- May -2010 CONTRACT SERVICES 337233 19- May -2010 SERVICES 337450 26- May -2010 SERVICES 337750 09- Jun -2010 MATERIALS 337444 26 -May -2010 MATERIALS 337625 02- Jun -2010 MATERIALS 337626 02- Jun -2010 SERVICES 337066 13 -May -2010 ADVERTISING 337234 19- May -2010 ADVERTISING 337627 02- Jun -2010 MATERIALS 337231 19- May -2010 SERVICES 337067 13- May -2010 MATERIALS 337069 13- May -2010 REFUND 337452 26- May -2010 REFUND 337068 13- May -2010 MATERIALS 337453 26- May -2010 COMPUTER 337238 19- May -2010 REFUND 337070 13- May -2010 PAYROLL REMITTANCE 337071 13- May -2010 PAYROLL REMITTANCE 337628 02- Jun -2010 PAYROLL REMITTANCE 337629 02- Jun -2010 PAYROLL REMITTANCE Page 7 of 11 Amount 186.00 169 50 400.00 126.00 4,669 88 12.94 400 00 155.03 291 82 1,130.00 400 00 160,260 89 577,207 65 10,738 06 685.99 28 53 33,202.33 1,018.50 187 95 535 92 98 31 4,421 00 648.00 38,550 00 6,892.80 6,351 11 6,892.80 6,785 10 500.00 2,250 00 4,000 00 3,600 00 300 00 37,961 83 3,420 00 535 00 135 00 12,825 00 30,000 00 342.85 84.23 74 89 4,346.45 8,467 43 7,352.71 18,184 74 135,567 57 6,210 10 3,187 48 6,522.75 125.21 326 02 83 61 23,146 73 1,096 10 1,847 84 35.00 1,000 00 100.00 2,810 90 1,391.25 112.77 290.00 12.60 343.44 77 04 143 05 385.63 240.06 150 00 638,691 82 34,144 38 431,005 77 22,286.42 r CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS ONTARIO SEED COMPANY LTD OUTDOOR CONVENIENCES INC PAGENET OF CANADA INC PAGENET OF CANADA INC PALMER,WENDALL PALMER,WENDALL PALMER,WENDALL PEC ROOF MAINTENANCE PECK,BRUCE ALLEN PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PENINSULA TOWING & RECOVERY INC PENNER BUILDING CENTRE PERFECT POSTHOLE - NIAGARA PERRI -MED PETERDY,ANIKO PETERS EXCAVATING INC PETERS EXCAVATING INC PETRO- CANADA PETRO- CANADA PETRO- CANADA PETRO- CANADA PHILIP TAYLOR C/O XPRIME PICKERING SHAWN,CHURNEY JENNIFER PINEWOOD HOMES (NIAGARA) LTD PINEWOOD HOMES (NIAGARA) LTD PK HUMMINGBIRD STEEL BAND PLYLEY,TORI POLITI,JORDAN POLLINGER,MICHAEL PORTER,GAIL POST,DAN POTALIVO,LAURA POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PRIME TIME BRASS PRIORITY HEALTH & SAFETY PROJECT SHARE PROMOTIONS PLUS PROVINCIAL CONTRACTORS INC PROVINCIAL MAINTENANCE PTASHNYK,MIKE PUDDICOMBE,JESSICA PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PVS CONTRACTORS R W HAMILTON LTD R W HAMILTON LTD R.J MCCARTHY LIMITED PARTNERSHIP RACINE,LORRAINE RAIMONDO & ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGEHR,ANNE MARIE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA Cheque No. 337454 337239 337751 337240 337455 337241 337456 337752 337457 337073 337076 337630 337074 337242 337458 337753 337075 337754 337243 337631 337755 337077 337530 337632 337078 337244 337459 337756 337497 337245 337079 337080 337460 337461 337462 337634 337081 337635 337246 337247 337757 337248 337463 337636 US DRAFT 337082 337464 337758 337250 337249 337251 337083 337085 337252 337465 337637 337759 337086 337260 337765 337089 337087 337253 337760 337254 337638 337088 337526 337761 337466 337255 337639 337762 337763 Cheque Date 26- May -2010 19- May -2010 09- Jun -2010 19- May -2010 26- May -2010 19- May -2010 26- May -2010 09- Jun -2010 26- May -2010 13- May -2010 13- May -2010 02- Jun -2010 13- May -2010 19- May -2010 26- May -2010 09- Jun -2010 13- May -2010 09- Jun -2010 19- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 27- May -2010 02- Jun -2010 13- May -2010 19- May -2010 26- May -2010 09- Jun -2010 26- May -2010 19- May -2010 13- May -2010 13- May -2010 26- May -2010 26- May -2010 26- May -2010 02- Jun -2010 13- May -2010 02 -Jun -2010 19- May -2010 19- May -2010 09- Jun -2010 19- May -2010 26- May -2010 02- Jun -2010 02- Jun -2010 13- May -2010 26- May -2010 09- Jun -2010 19- May -2010 19 -May -2010 19- May -2010 13 -May -2010 13- May -2010 19- May -2010 26- May -2010 02 -Jun -2010 09- Jun -2010 13 -May -2010 19- May -2010 09- Jun -2010 13- May -2010 13- May -2010 19- May -2010 09- Jun -2010 19- May -2010 02- Jun -2010 13- May -2010 27- May -2010 09- Jun -2010 26- May -2010 19- May -2010 02- Jun -2010 09- Jun -2010 09- Jun -2010 Purpose REFUND SUPPLIES CONTRACT SERVICES SERVICES SERVICES REFUND REFUND REFUND SERVICES REFUND- DAMAGE DEPOSIT SERVICES MATERIALS REMITTANCE SUPPLIES SUPPLIES MATERIALS SERVICES CONTRACT SERVICES SUPPLIES CONTRACT SERVICES MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES FUEL FUEL FUEL FUEL MATERIALS REFUND REFUND REFUND MATERIALS MATERIALS REFUND REFUND TRAVEL/MILEAGE MATERIALS REFUND STORES /INVENTORY TRAVEL/MILEAGE SUPPLIES SERVICES CONTRACT SERVICES CANADA DAY PARADE REMITTANCE DONATION MATERIALS SERVICES SUPPLIES REFUND REMITTANCE COURIER COURIER COURIER COURIER COURIER SERVICES SUPPLIES MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES CONSULTING SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES Page 8 of 11 Amount 220 00 5,135 85 186 90 16 90 34 05 400 00 800 00 200 00 218 92 750 00 52.14 280 35 395 00 145 00 10 00 215 00 68 75 89.25 148 55 3,986 85 1,170 00 349 00 739,740 64 154,373 41 40,021.21 17,781 71 22, 522.11 18, 056.01 100.00 1,364 00 536.99 536 99 800 00 400 00 400 00 25 43 57 00 100 00 300.00 916 51 51 50 687 87 156 53 963 92 1,200 00 840 00 25,685 15 580.26 1,144 50 91, 572.39 400 00 50 00 14 06 52.41 59 03 182 63 69 53 131 25 139 40 879 36 423.76 238 50 20,748 00 129,965 80 1,453 66 1,439 00 488,495 74 484,778 95 482,378 97 150 00 157 50 552.50 22,811 94 7,055 09 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RICHARDSON,MARK RICHARDSON,MARK RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RK & ASSOCIATES ROBBINS,DAVID ANDREW ROBERT HALF MANAGEMENT RESOURCES ROBERT HALF MANAGEMENT RESOURCES ROBERT HALF MANAGEMENT RESOURCES ROBERT HALF MANAGEMENT RESOURCES ROGERS WIRELESS INC ROSENKRANZ,NICOLE RUSH,JOHN S B. SIMPSON GROUP INC. SACCO,FRED SACCO,FRED SAFEDESIGN APPAREL LTD SAFETY CARE INC SAFETY TODAY SAFETY -KLEEN CANADA INC ST BERNARD SOFTWARE SAINT JOHN FIRE DEPT CONVENTION SAINT MICHAEL HIGH SCHOOL SALCI,TED SALCOR CONSTRUCTION LTD SALIT STEEL SAUDER, ROB SAVOIE,LISA SCOTIABANK VISA PURCHASE CARD PAYMENT SEAWAY HOSE & HYDRAULICS LTD SEEBACH,CHRISTOPHER SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SEVENPIFER,NANCY & AARON SHERK SUSAN E BARRISTER & SOLICITOR SHERRARD KUZZ SHRED IT KITCHENER SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLISTIC LINES INC SIMPLISTIC LINES INC SINCLAIR,BAILEY SIX CARD SOLUTIONS USA CORP 69257 SLACK,SCOTT SMALL BUSINESS CLUB NIAGARA INC SMITH,BILL SMITH,LEE SMITH INDUSTRIAL SUPPLY SPARKS, BRIAN SPEARE SEEDS SPECTRA AUDIO VISUAL SPENCER,MATT ST CATHARINES NEW HOLLAND LTD ST JOHN AMBULANCE ST CATHARINES FREIGHTLINER TRUCK & TRACTOR STAM,HILARIE JOY STAMFORD LIONS CLUB INC STAPPENDEL GREENHOUSES INC STAR COLLISION SERVICE STICCA,JAMES STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STOKES INTERNATIONAL STORAGE NIAGARA STORAGE NIAGARA STRANGES,DOMENIC STRANGES,GINO Cheque No. Cheque Date Purpose WIRE 17 -May 2010 2ND QUARTER TAX LEVY WIRE 17- May -2010 MARCH WATER WIRE 30- May -2010 JAN -MAR WASTE WIRE 30- May -2010 APR -JUNE WASTE WIRE 06- Jun -2010 APR WTR/JFM LEACHATE CREDIT 337467 26- May -2010 MATERIALS 337764 09- Jun -2010 TRAVEL/MILEAGE 337640 02- Jun -2010 MATERIALS 337256 19- May -2010 SERVICES 337641 02 -Jun -2010 REFUND 337090 13- May -2010 CONSULTING SERVICES 337258 19- May -2010 CONSULTING SERVICES 337468 26- May -2010 CONSULTING SERVICES 337642 02- Jun -2010 CONSULTING SERVICES 337259 19- May -2010 SERVICES 337469 26- May -2010 MATERIALS 337470 26- May -2010 MATERIALS 337472 26- May -2010 SUPPLIES 337261 19- May -2010 REFUND 337643 02- Jun -2010 REFUND 337766 09- Jun -2010 MATERIALS 337262 19- May -2010 SERVICES 337767 09- Jun -2010 MATERIALS 337644 02- Jun -2010 SERVICES US DRAFT 14- May -2010 COMPUTER SUPPORT 337486 26- May -2010 ADVERTISING 337471 26- May -2010 REFUND 337305 20- May -2010 TRAVEUMILEAGE 337768 09- Jun -2010 REFUND 337263 19- May -2010 SERVICES 337264 19- May -2010 REFUND 337769 09- Jun -2010 MATERIALS 337565 02- Jun -2010 MATERIALS 337265 19- May -2010 SERVICES 337266 19- May -2010 REFUND 337267 19- May -2010 SERVICES 337473 26- May -2010 CONTRACT SERVICES 337531 27- May -2010 REMITTANCE -CLAIM 337474 26- May -2010 REFUND 337475 26- May -2010 CONSULTING SERVICES 337091 13- May -2010 SERVICES 337476 26- May -2010 SERVICES 337770 09- Jun -2010 CONTRACT SERVICES 337646 02- Jun -2010 SERVICES 337771 09- Jun -2010 MATERIALS 337092 13- May -2010 SERVICES 337093 13- May -2010 SERVICES 337772 09- Jun -2010 SUPPLIES 337477 26- May -2010 REFUND 337478 26- May -2010 SERVICES 337270 19- May -2010 REFUND 337271 19- May -2010 CONSULTING SERVICES 337773 09- Jun -2010 SAFETY BOOTS 337480 26- May -2010 PETTY CASH 337479 26- May -2010 STORES /INVENTORY 337481 26- May -2010 REFUND 337273 19- May -2010 SUPPLIES 337649 07 -Jun -2010 MATERIALS 337095 13- May -2010 SAFETY BOOTS 337651 02- Jun -2010 CONTRACT SERVICES 337485 26- May -2010 MATERIALS 337776 09- Jun -2010 MATERIALS 337775 09- Jun -2010 REFUND 337096 13- May -2010 GRANT 337650 02- Jun -2010 MATERIALS 337482 26- May -2010 CONTRACT SERVICES 337483 26- May -2010 REFUND 337484 26- May -2010 SERVICES 337098 13- May -2010 SUPPLIES 337274 19- May -2010 SERVICES 337487 26- May -2010 SERVICES 337652 02- Jun -2010 SERVICES 337099 13- May -2010 REMITTANCE 337488 26- May -2010 REFUND Page 9 of 11 Amount 15,203,058 00 1, 882, 938.20 1,659,895 09 1,659,895 09 1,857,170.15 134 50 112.50 2,684 64 1,575 00 113 48 3,969 00 2,205 00 2,205 00 1,984 50 2,844 87 400 00 400 00 661 73 1,327 92 300 00 29 63 887 05 1,935 40 817.27 11,475 00 423 75 50 00 1,155 00 750 00 676 05 200 00 79 93 171,227 57 83.17 400 00 614.25 803.25 90.00 25.00 4,189.55 76 68 76.68 146.15 543.53 1,424 74 456 07 3,942.44 6,165 08 400 00 111 55 150.00 105 00 140 00 242.06 927 73 124.29 2,334 87 310 75 150.00 4,621 70 2,891 67 4,805 38 20 00 6,000.00 3,435 10 3,020 95 300.00 14 58 5,601 98 113.00 192 10 521 75 112.95 750 00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STREAMLINE STREAMLINE STRESS CRETE LIMITED STUDIO 55 SULLIVAN,KEVIN PAUL SUN LIFE OF CANADA SUN LIFE OF CANADA SUNBURST PROMOTION SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SURLA,JOHN TAIT,CINDY TALK WIRELESS INC TAMM COMMUNICATIONS INC TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TERANET INC TES INFORMATION TECHNOLOGIES TESKEY,PATRICK THE MAGIC OF GREG FREWIN THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THOMSON,TYLER THRUST ENTERTAINMENT C/O GIL HICKS THYSSENKRUPP ELEVATOR TIDD,DEREK TIM HORTONS STORE #30 TODD,KEN TOP NOTCH PROMOTIONAL PRODUCTS INC TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TORONTO STAMP INC TORONTO STAMP INC TOTH,STEVE TOTH, STEVE TRANSAXLE PARTS (HAMILTON) INC TRANSAXLE PARTS (HAMILTON) INC TRANSAXLE PARTS (HAMILTON) INC TRANSAXLE PARTS (HAMILTON) INC TRANSAXLE PARTS (HAMILTON) INC TRANSFORM - THE INSIDE OUTFITTERS TRAVELODGE BONAVENTURE TRAVERS,MARK TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC TRIPLE M DEMOLITION TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UNITED LABORATORIES UNITED MAINTENANCE INC UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD VAIL,TIM VAIL,TIM VANCOR SUPPLY VANCOR SUPPLY VANDENNEST NURSERY VANDERHART,TODD P Cheque No. 337100 337777 337489 337490 337491 337276 337493 337492 337275 337778 337494 337495 337102 337496 337105 337656 337779 337103 337104 337277 337278 337655 337499 337780 337781 337137 337657 337106 337279 337107 337782 337501 337502 337281 337503 337282 337783 337283 337504 337108 337505 337658 337784 337109 337506 337110 337284 337507 337659 337785 337111 337786 337112 337285 337787 337286 337660 337113 337287 337788 337288 337661 337289 337790 337290 337662 337791 337663 337115 337792 337117 337508 337118 337793 Cheque Date 13 -May -2010 09- Jun -2010 26- May -2010 26- May -2010 26- May -2010 19- May -2010 26- May -2010 26- May -2010 19- May -2010 09- Jun -2010 26- May -2010 26- May -2010 13- May -2010 26- May -2010 13- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 13- May -2010 19- May -2010 19- May -2010 02- Jun -2010 26- May -2010 09- Jun -2010 09- Jun -2010 14- May -2010 02- Jun -2010 13- May -2010 19- May -2010 13- May -2010 09- Jun -2010 26- May -2010 26- May -2010 19 -May -2010 26- May -2010 19- May -2010 09- Jun -2010 19- May -2010 26- May -2010 13- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 13- May -2010 26- May -2010 13- May -2010 19- May -2010 26- May -2010 02- Jun -2010 09- Jun -2010 13 -May -2010 09- Jun -2010 13- May -2010 19- May -2010 09- Jun -2010 19 -May -2010 02- Jun -2010 13 -May -2010 19 -May -2010 09- Jun -2010 19- May -2010 02- Jun -2010 19 -May -2010 09- Jun -2010 19 -May -2010 02- Jun -2010 09- Jun -2010 02- Jun -2010 13- May -2010 09- Jun -2010 13- May -2010 26- May -2010 13- May -2010 09- Jun -2010 Purpose REMITTANCE CONTRACT SERVICES SUPPLIES MATERIALS REFUND REMITTANCE SERVICES MATERIALS FUEL CONTRACT SERVICES MATERIALS COMPUTER SUPPLIES ADVERTISING SERVICES SERVICES CONTRACT SERVICES REMITTANCE SERVICES SERVICES SERVICES SERVICES REPLENISH ACCOUNT COMPUTER REFUND CANADA DAY PERFORMANCE SUPPLIES ADVERTISING SUBSCRIPTION SERVICES CONTRACT SERVICES REFUND MATERIALS SERVICES MATERIALS SUPPLIES TRAVEUM I LEAG E SUPPLIES MATERIALS SUPPLIES CONTRACT SERVICES MATERIALS MATERIALS TRAVEL/MILEAGE REFUND FUEL SUPPLIES SERVICES SERVICES MATERIALS SUPPLIES REFUND REMITTANCE SERVICES MATERIALS SUPPLIES CONTRACT SERVICES TRAVEL/MILEAGE SUPPLIES CONTRACT SERVICES SUPPLIES PAYROLL REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES SERVICES CONTRACT SERVICES COMPUTER REMITTANCE - COURSE REFUND CONTRACT SERVICES SERVICES MATERIALS REFUND Page 10 of 11 Amount 135 60 248 60 10,671 72 3,616 00 1,750 00 288,880 52 288,208 22 150 00 1,080 02 878.04 400 00 300 00 223.56 1,125 39 678 00 774 05 895 18 2,251 75 193.21 41974 3,552.10 695 97 10,000 00 2,987 25 750 00 1,000 00 67 80 11,145 61 488 80 220 50 165 38 400 00 525.00 287 34 1,390 50 55 53 488.74 62.15 393 75 1,060 41 3,575 50 81 36 68 60 294 00 300 00 577 99 469 72 676 97 41.22 81 51 2,230 62 86 40 95 00 1,962.76 2,940 00 146 90 682 04 133 50 877 90 10,032 75 409 52 3,632.00 3,832.50 8,807 40 16,576 66 31,733 28 5,966 63 745 80 45 00 300 00 1,918 74 4,268 46 480.26 20 00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VERMA,AMAAR VIG, WAYNE VIKING CIVES LTD VILLAGE OF CHIPPAWA CITIZEN S COMMITTEE WALINGA INC WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WASTE MANAGEMENT WATSON & ASSOCIATES ECONOMISTS LTD WEAVER,DOUG WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WELLSPRING NIAGARA WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WHITE,PATRICK WHYTE,BRIAN LAWRENCE WILLIAM KAPLAN ARBITRATIO WINDJACK,JIM WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WS AUTO DIESEL WS AUTO DIESEL WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YAKIWCHUK,ERNEST YELLOW PAGES GROUP YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES ZAP HOSPITALITY MANAGEMENT LTD ZAVITZ,SHERMAN Cheque No. Cheque Date 337664 02- Jun -2010 337665 02- Jun -2010 337291 19- May -2010 337120 13- May -2010 337794 09- Jun -2010 337122 13- May -2010 337293 19 -May -2010 337509 26- May -2010 337796 09- Jun -2010 337121 13- May -2010 337292 19- May -2010 337666 02- Jun -2010 337795 09- Jun -2010 337123 13- May -2010 337294 19- May -2010 337667 02- Jun -2010 337295 19- May -2010 337124 13- May -2010 337296 19- May -2010 337510 26- May -2010 337126 13- May -2010 337511 26- May -2010 337127 13- May -2010 337297 19- May -2010 337512 26- May -2010 337668 02- Jun -2010 337798 09- Jun -2010 337799 09- Jun -2010 337298 19- May -2010 337669 02- Jun -2010 337513 26- May -2010 337129 13- May -2010 337130 13- May -2010 337800 09- Jun -2010 337131 13- May -2010 337132 13- May -2010 337133 13- May -2010 337140 14- May -2010 337299 19- May -2010 337514 26- May -2010 337670 02- Jun -2010 337671 02- Jun -2010 337672 02- Jun -2010 337801 09- Jun -2010 337515 26- May -2010 337673 02- Jun -2010 337134 13- May -2010 337135 13- May -2010 337136 13- May -2010 337674 02- Jun -2010 337802 09- Jun -2010 337803 09- Jun -2010 337516 26- May -2010 337675 02- Jun -2010 337517 26- May -2010 Purpose REFUND MATERIALS SUPPLIES GRANT CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS SERVICES SUPPLIES MATERIALS TRAVEUMILEAGE SERVICES CONSULTING SERVICES REFUND SERVICES SERVICES DONATION STORES /1NVENTORY SUPPLIES MATERIALS MATERIALS MATERIALS EQUIPMENT MATERIALS REFUND SERVICES MATERIALS GRANT CONSULTING SERVICES SUPPLIES SUPPLIES REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES REMITTANCE REMITTANCE CONTRACT SERVICES PETTY CASH PETTY CASH CONSULTING SERVICES REMITTANCE SERVICES SERVICES CONTRACT SERVICES MATERIALS GRANT SERVICES MATERIALS Total Page 11of11 Amount 35 30 47 78 431 03 900 00 427 87 99 66 398.50 31 50 108.43 20,071 72 15,105 52 10,789 07 9,787 75 6 00 61 10 1,841 70 400 00 90 40 237 30 100 00 694.27 736 58 2,298.12 887 10 874 15 4,464 79 150.00 750 00 2,063 03 900.00 1,612.50 5,000 00 8,571 05 8,632.07 25,285 87 128.47 918.55 15,312.47 3,878.11 24,421 52 4,269.87 80 39 599 73 10,173 77 652.85 472.91 27,300 00 47 62 6,412.71 1,912.43 4,935 98 164 30 4,277 75 189.27 1,390 50 35,449,887.32 F- 2010 -37 Niagara &11s June 28, 2010 (gM1AUA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -37 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. During May the outstanding taxes increased compared to 2009. During May, tax receivables as a percentage of taxes billed have increased from 33.2% in 2009 to 34.6% in 2010. Outstanding taxes as of May 31, 2010 were $26.8 million. The City's finance staff has had continued success in resolving 79% of properties that are subject to registration for 2010. There are currently twenty -three properties scheduled for tax sale in the next two years. 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 Tax collection for 2010 lags behind the collection history in 2009. This is consistent with historical trends for taxation years when the economy has not been strong. Table 1 shows that taxes outstanding at May 31, 2010 are $26.8 million. This represents an increase from $25.4 million in arrears for the same period in 2009. Staff is pleased to report that collections of tax arrears increased during May when compared to 2009 as $6.4 million was collected in the month. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has increased from a year ago which is consistent with the trends in the economy. June 28, 2010 - 2 - F- 2010 -37 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, 2010, 405 properties were subject to registration. Table 3 summarizes the progress of these actions after five months of activity. This table shows 78.4% of the tax accounts or 319 properties have been paid in full or the owners have made suitable payment arrangements. During May, seventeen accounts were paid in full. In addition, the number of accounts with suitable arrangements including full payments increased from 77.3% (April) to 78.4% (May). 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 May, one registered property was redeemed and five properties were registered. The outstanding taxes for registered properties represent 3.0% of the total outstanding taxes at month end. FINANCIAL /STAFFING /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 percentage of taxes outstanding to taxes billed as at May 31, 2010 is 34.6 % which is an increase from 2009's value of 33.2 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: A. Felicetti Taxes Receivable at May 31, 2010 Taxes Receivable by Property Class at May 31, 2010 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harrison` Direc or if Fin cial Services Respectfully submitted: I P Y Ken Todd, Chief Administrative Officer TABLE 1 TABLE 2 Total Taxes Receivable Owing at May 31,1010 2010 Outstanding Taxes @ April 30, 2010 $32,944,695 Penalty charged in May Taxes Collected during May Outstanding Taxes @ May 31, 2010 $276,494 $6,452,863 $26,768,326 Taxes Past Due $26,768,326 Taxes Receivable by Property Class as at May 31,2010 2010 Taxes Owing Residential $ 9,470,549 Multi- Residential $ 381,842 Commercial $ 16,017,971 Industrial $ 885,006 Farmlands $ 12,958 Total Receivables $ 26,768,326 2003 $29,963,764 $255,548 $4,812,263 $25,407,049 $25,407,049 % of Class 35.38% $ 1.43% $ 59.84% $ 3.31% $ 0.05% $ 100.00% $ $2,009 Taxes Owing 9,853,986 225,623 14,459,473 843,187 24,779 25,407,048 % of Class 38.80% 0.89% 56.89% 3.32% 0.10% 100.00% TABLE 3 TABLE 4 Properties Properties Subject to Subject to Registration Registration as at April 30, 2010 as at May 31, 2010 Initial Amount 405 405 'Paid in Full 53 70 17.3% (Payment Arrangements 260 249 1 61.5% Ongoing Collection 92 84 20.7% Action 'Registered 0 2 0.5% 405 405 100.0% Scheduled Number Taxes Tax Sales of Oustanding Date Properties Amount November 2010 7 $361,513 May 2011 11 $384,646 November 2011 5 $62,669 Totals 23 $808,828 a�4 L- 2010 -009 NiagaraJalls June 28, 2010 cxnxox REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2010 -09 Release of Agreement Parcels and Lots on Plan NS42 Our File No.: 2010 -161 RECOMMENDATION That the release of a Subdivision Agreement dated December 5, 1973 and registered on title to the Parcels and Lots on Plan NS42 ( "subject land "), is hereby approved and authorized. EXECUTIVE SUMMARY A Subdivision Agreement registered on title to the subject land has expired and the City has had several requests that the Subdivision Agreement be removed from the title to the their properties. BACKGROUND On December 25, 2010 The Corporation of the City of Niagara Falls ( "the City ") entered into Subdivision Agreement for the purpose of complying with the conditions precedent to registration of the plan of subdivision. The City has received several requests to remove the said Subdivision Agreement from title to the subject land as it has expired. Upon circulation of the above request to various City departments, there were no objections to the release of the Subdivision Agreement from title to the subject land. Recommended by: L. Banks Ken Beaman, City Solicitor Respectfully submitted: 1 p Y KenITodd, Chief Administrative Officer NiagaraFg s REPORT TO: His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2010 -30 Tender 2010 -16 T.V. Inspection of Sewers Contract RECOMMENDATION MW- 2010 -30 June 28, 2010 1. The contract be awarded to 284612 Ontario Limited o/a Bob Robinson & Son Construction at the tendered price of $62,412.80. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is part of the City's Infrastructure Renewal and is for the T.V. inspection of sewers and sewer laterals. The contract is for a 3 -year period with two 1 -year options. The funding for the T.V. inspections will be from the Utility Budget - Sewer and for the yearly budgeted amount Tenders for this contract were opened on Thursday, June 10, 2010 and the bid of $62,412.80 received from 284612 Ontario Limited o/a Bob Robinson & Son Construction is being recommended for acceptance. BACKGROUND In 2005 the City commenced with a five -year, $250,000 per year, SSET (Side Scan Evaluation Technology) TV inspection of the sanitary and combined sewer systems. This technology allowed the City to complete inspections of approximately 70% of all the sewers 675 mm or less. The cameras that were used to complete the SSET inspections are no longer operational and parts are no available to repair the cameras. Due to the significant differences in TV inspection technologies available, in the 2010 -16 T.V. Inspection of Sewers tender, the tenderers were allowed to bid on up to two different technologies. For each technology bid, the tenderers submitted information on the camera system being tendered with the costs. The Tender Opening Committee, in the presence of the Manager of Clerk's Services, Mr. Bill Matson, opened tenders on at 1:30 p.m. Thursday, June 10, 2010 for the above noted contract. June 28, 2010 Tender documents were picked up by seven (7) Contractors and five (6) bids were received from three (3) contractors. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and all bids were correct. PipeFlo submitted two identical bids. 1. Bob Robinson & Son Construction 2. Bob Robinson & Son Construction 3. Veolia ES Canada Industrial Service 4. PipeFlo Contracting Corp. 5. PipeFlo Contracting Corp. 6. Veolia ES Canada Industrial Service -2- MW- 2010 -30 Port Robinson Port Robinson Pickering Hamilton Hamilton Pickering ANALYSIS /RATIONALE $49,666.60 $62,412.80 $81,613.20 $113,824.00 $113,824.00 $129,052.40 The T.V. inspection of the sewers and laterals provides data to prioritize capital construction projects, determine the recommended proposed construction methods, spot repair, lining, replacement and reconstruction and provides detailed information for the design of proposed capital projects. All the tenders were evaluated with the following conclusions. 1. The low tender from Bob Robinson Construction did not provide any side scan, 360° view, side scan evaluation, meander or inclination. All features that were available with the previous SSET contract. 2. The second low tender from Bob Robinson Construction did not provide any meander. Side scan, 360° view, and side scan evaluation and inclination was available with this technology. Also, this bid provided pan and tilt and lateral inspection from the sewermain capabilities. Both of these features were not available with the previous SSET contract. 3. The third tender from Veolia ES Canada Industrial Service did not provide any side scan, 360° view, side scan evaluation, meander or inclination. All features that were available with the previous SSET contract. 4. The fourth tender from PipeFlo Contracting Corp. provided all the functionality that was available with the previous SSET contract and included pan and tilt and lateral inspection from the sewermain capabilities. However, PipeFlo Contracting Corp. tender price was $51,411.20, 82% greater than Bob Robinson Construction second bid. 5. From the analysis, it was determined that paying 82% increase to obtain the inclination and meander was not necessary. Therefore, the second lowest tender received from Bob Robinson Construction in the amount of $62,412.80 provides the most functionality at the lowest cost. This contractor has performed T.V. inspections within the City, for the Niagara Region and other Niagara municipalities. We are of the opinion that this contractor is capable of successfully undertaking this project. June 28, 2010 The Engineer's estimate for this project was $100,000.00 per year FINANCIAL /LEGAL IMPLICATIONS This is an ongoing program in the 2010 Sanitary Sewer Utility Budget. The tender is less than the budgeted amount, but since it is a multi -year program the remaining funds, if available will be used in future years. CITY'S STRATEGIC COMMITMENT Implementation of this Contract meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. Recommended by: Respectfully submitted: ti Geoff Holman, of Municipal Works Ken Todd, Chief Administrative Officer B. Darrall S: \REPORTS\2010 Reports\MW- 2010 -30 - Tender 2010 -16 T V Inspection of Sewers Contract.wpd - MW- 2010 -30 Niagaraf�a11s CANADA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -41 Drummond Road - Road Reconstruction & Underground Services Phase 2 (Dixon Street to McLeod Road) RECOMMENDATION 1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the tendered price of $2,627,373.74 2 That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY On July 20, 2009, City Council adopted the recommendations set out in report MW -2009- 51 which authorized the engagement of the consulting firm Delcan Corporation to complete the engineering design and obtain all necessary approvals from the relevant agencies. The report contained a phasing plan and proposed construction schedule that would generally meet the funding criteria established in the Infrastructure Stimulus Fund program announced by the Federal and Provincial Governments. The City received notice that the application was successful and staff and consulting team has acquired all necessary approvals to commence the second phase of the project. On October 19, 2009, City Council approved the recommendation set out in report MW- 2009-81 to award the Drummond Road Phase 1 project to Nexterra Substructures. This project is currently under construction and is scheduled to be completed in late July. Tenders for this contract were opened on Monday, June 07, 2010 and the lowest bid of $2,627,373.74 received from Alfidome Construction Ltd is being recommended for acceptance. BACKGROUND MW- 2010 -41 June 28, 2010 The Tender Opening Committee, in the presence of the City Clerk's representative Mr. Bill Matson, Manager of Clerk's Services opened tenders on Monday, June 07, 2010 at 1:30 p.m. for the above noted contract. Tender documents were picked up by fifteen (15) Contractors and six (6) bids were received. June 28, 2010 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. Alfidome Construction 2. Norjohn Contracting 3. Centennial Infrastructure 4. Brennan Paving 5. Demar Construction 6. Peter's Excavating ANALYSIS /RATIONALE The lowest tender was received from Alfidome Construction Ltd in the amount of $2,627,373.74. 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. 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. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2010. This is the second of three phases for the construction of the improvement works along Drummond Road and Lundy's Lane. The third phase will be a joint venture with the Region of Niagara which is currently being designed for possible construction in 2011 or 2012. The budgeted cost for this phase of the project was $2,596,200, so the tendered submitted and recommended is greater than the estimated price. The increased cost was due to additional utility works which were unknown during budget deliberations. It is anticipated that the increased tender amount of $31,173 will be funded from water infrastructure reserves. This expenditure represents the second phase of additional works that will be funded over a two -year period. The second phase will be completed prior to March 31, 2011. CITY'S STRATEGIC COMMITMENT - MW-2010-41 Niagara Falls Niagara Falls Niagara -on- the -Lake Port Colborne Niagara Falls Stevensville $2,627,260.74 $2,627,373.74* $2,868,266.57 $2,868,246.23* $2,994,722.61 $3,000,087.85 $2,996,697.85* $3,000,123.26 $3,000,124.26* $3,089,951.10 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. June 28, 2010 ATTACHMENT 1. Location Plan 2. Revised Capital Budget Worksheet Recommended by: Respectfully submitted: Geoff Holman, Director of Municipal Works -3- MW- 2010 -41 tit L Ken Tot Id, Chief Administrative Officer Chuck McLeod S' \REPORTS\2010 Reports \MW - 2010 -41 - Tender 2010 - 230 -09 - Drummond Road Phase 2.wpd PR4GRAM1PROJ ECT DRUMMOND ROAD RECONSTRUCTION $5,570, 2010 BUDGET: EXT. 4217 PROJECT MANAGER: CHUCK MCLEOD ROGRAMIPROJECT DESCRIPTION: P and Road from Design and Construction s LaOeumm Mcleod Road to Lu CT SCHEDULE: SUMMER -FALL TENTATIVE PROJE Opening Balance -Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land /Building /Furniture/ Equipment Construction Department Project Name Project I D # Roads Storm Sewers Water Sanitary Sewers Utility Relocations Contingency Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus) /deficit Municipal Works Drummond Road Reconstruction R44 G/L #12 -3- 310044 - 030000 Project Description Design and Construction of Drummond Road from McLeod to Lundy's Lane Phase 1 Lundy's Lane to Uixon St, Phase 2: Uixon St. to McLeod Rd. 24 Ker St. to Lundy's Lane CURRENT ACTUAL as of December 31 2009 YEAR 2009 (266,579) 355,480 12,068 367,547 513,773 4,054 517,827 (416,859) Capital Budget Worksheet 2010 Project Manager: Chuck McLeod YEAR 2010 (416,859) 136,200 15,000 2,937,907 465,630 1,377,884 539,090 98,600 5,570,311 839,277 85,492 3,994,826 232,815 1,042 5,153,452 YEAR 2011 Phase 1. 1,410,007 Phase 2: 1,527,900 -nase 1. 465,630 Phase 2: 0 (Phase 1: 434,384 (Phase 2: 943,500 ► \ I I� hale 1. 539,090 \Phase 2: 0 Phase 1. 30,000 Phase 2: 68,600 o � Phase 1. 80,000 Phase 2: 56,200 YEAR 2012 0 � I Cat Luey: Rds 71,083 1Storm 150,895 Water 444,112 (Sanitary 173,187 / I ISF Funding: 1 Total Eligible Costs: $6,300,000 Proposed Federal ISF Funding: $2,100,000 (Proposed Provincial ISF Funding: $2,100,000 Total storm sewer cost from contract is 465,630. CSO funding from Region is 465,630 x 50% = $232,815 01 0I 0 Capital Management Reference Purchase Improvement Construction (new) Development YEAR YEAR 2013 2014 0 0 0I 0] 0 CI 0 NiagaraFalls [ , Y A U A REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -42 2010 Sidewalk Repair and New Sidewalk Contract Award MW- 2010 -42 June 28, 2010 1. That the City of Niagara Falls award the tenders for the Sidewalk Repair and New Sidewalk to Alfidome Construction Ltd. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. The Sidewalk Repair and New Sidewalk maintenance contract is completed each year with the goal of improving the sidewalk network within the City of Niagara Falls. The lowest tender for was received from Alfidome Construction Ltd. in the amount of $262,015.00. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking these projects. The Tender Opening Committee, in the presence of the City Clerk Mr. Dean Iorfida, opened tenders on Tuesday, June 15, 2010 at 1:30 p.m. for the above noted contract. The contract tender documents were picked up by five(5) Contractors and three(3) bids were received. Listed below is a summary of the totalled tender prices, excluding HST, received from the Contractors: 1. Alfidome Construction Ltd Niagara Falls 2. Sacco Construction Niagara Falls 3. Centennial Infrastructure Inc Niagara -on- the -Lake $262,015.00 $275,520.00 $303,380.00 June 28, 2010 FINANCIAL IMPLICATIONS New Sidewalk Capital Budget Special Purpose Reserve 2010 Operating Budget Recommended by: Approved by: CA S \REPORTS\2010 Reports \MW - 2010 -42 Sidewalkk Repair and New Sidewalk.wpd - 2 - MW- 2010 -42 The proposed expenditure can be accommodated in the 2010 Budget using funding from the following sources. $125,000 $ 71,100 $ 65,915 Total: $262,015 CITY'S STRATEGIC COMMITMENT The completion of the Sidewalk Repair and New Sidewalk will continue to improve the quality of the sidewalk network throughout the City of Niagara Falls Geoff Holiian, Ilirector of Municipal Works Ken Tddd, Chief Operating Officer Niagaraj lls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2010 -47 June 28, 2010 SUBJECT: MW- 2010 -47 Tender - First Avenue, Second Avenue & Bridge Street Road Reconstruction, Watermain, Storm & Sanitary Sewers Contract # 2010 - 208 -08 RECOMMENDATION 1. The contract be awarded to the lowest bidder at the tendered price of $1,994,105.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The replacement of the existing cast iron watermain on First Avenue from Maple Street to Bridge Street, Second Avenue from Maple Street to Bridge Street and Bridge Street from Third Avenue to Victoria Avenue is a priority as part of the City's ongoing watermain replacement program. Tenders for this contract were opened on Tuesday, June 15, 2010 and the lowest bid of $1,994,105.00 received from Centennial Infrastructure Inc. is being recommended for acceptance. This project was part of the approved 2010 Capital Budget. BACKGROUND The existing watermain and sewer separation on First Avenue, Second Avenue and Bridge Street were added in 2007 to the Operational Works List for the City's ongoing Watermain and sewer separation replacement programs. The existing watermain, originally constructed in 1889, is older cast iron pipe and has been rated as "Very Poor." The existing combined sanitary sewer was constructed in 1897 and has also been graded as "Very Poor." Numerous complaints from area residents and businesses regarding basement flooding have been recorded over the last few years especially during heavy wet weather events. The proposed sewer separation will provide an improved level of service and increase the efficiency of the sewer systems in the area 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, June 15, 2010 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and five (5) bids were received. June 28, 2010 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. Centennial Infrastructure Niagara -on- the -Lake $ 1,994,105.00 2. Alfidome Construction Niagara Falls $ 2,092,830 00 3. Peter's Excavating Stevensville $ 2,161,496 00 4 Demar Construction Niagara Falls $ 2,211,943.23 5. Nexterra Substructures Niagara Falls $ 2,421,646.50 ANALYSIS /RATIONALE The lowest tender was received from Centennial Infrastructure Inc. in the amount of $1,994,105.00. 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 $2,200,000.00. 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 eighty -five (85) working days of construction start. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2010, carried over from the approved 2009 Capital Program. The recommended expenditure is for the amount of $1,994,105.00 from Account # 12 -3- 320008 - 030000. Funding for this phase of the project will be derived from the following sources; Reserve Funds Transfer from Operating Region of Niagara CSO Program Total Funding 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: Respectfully submitted: -2- MW- 2010 -47 $ 990,000 $ 564,862 $ 615,000 $2,169,862 C Geoff H )1 an, Director of Municipal Works Ken Toad, Chief Administrative Officer C McLeod S \REPORTS\2010 Reports \MW - 2010 -47 - Tender 2010 - 208 -08 First Second & Bridge St Sewer Separation wpd Niagara,Fa11s C' A Y . 1) .{ REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -43 Contract #TR09 -2010 Supply and Installation of Sports Fields and Landscape Development Patrick Cummings Memorial Sports Complex MW- 2010 -43 June 28, 2010 That the tender from CRL Campbell Construction & Drainage Ltd. (11575 Burnaby Road, Wainfleet ON. LOS WO) for the Supply and Installation of Sports Fields and Landscape Development at the Patrick Cummings Memorial Sports Complex in the amount of $681,890.00 (excluding tax) be approved. EXECUTIVE SUMMARY This contract is necessary to construct two (2) new premium level natural turf sports fields and other supporting recreational amenities at the Patrick Cummings Memorial Sports Complex in accordance with the park master plan. The sports fields will include one (1) soccer field and one (1) multi -use field. Supporting recreational amenities include a basketball court, shade structures, trees, seating, pathways, picnic area and parking lot improvements. The location of the new sports fields is illustrated on Attachment #1. The location of the new baseball shade structure is shown on Attachment #2. Staff is recommending Contract #TR09 -2010 Supply and Installation of Sports Fields and Landscape Development be awarded to the low bidder, CRL Campbell Construction & Drainage Ltd. The contract value is within budget forecasts. BACKGROUND The park improvement project at the Patrick Cummings Memorial Sports Complex received funding through the Recreation Infrastructure Canada (RInC) and Ontario Recreation (Ontario REC) programs. The project is generally comprised of: a play area, a washroom building, shade structure, parking lot improvements, new pathways, basketball court, a natural multi -use sports field, a natural soccer field, site electrical upgrades, and sport field lighting on two fields. Park improvement work commenced September 2009. Works to date have included; a high voltage underground ductbank (Q46- 2009), an electrical service building (Q56- 2009), baseball field lighting systems (PRC- 2009 -34, TR14- 2009), a washroom building (PRC- 2010-06, TR05- 2010), pathway and parking lot lighting system (Q30 -2010) and a stormwater drainage system (MW- 2010 -18, TR08- 2010). June 28, 2010 ANALYSIS /RATIONALE A tender call (TR09 -2010) was issued on May 18, 2010 for the construction of Sports Fields and Landscape Development and closed on June 10, 2010. Eight (8) bidders responded to the call as listed below: Staff completed a thorough review of each bid and found the bid submitted by CRL Campbell Construction & Drainage Ltd. was the lowest bid ($681,890.00 excluding tax) and met all necessary requirements. FINANCIAL IMPLICATIONS The project was approved and funded in the 2010 Capital Budget. At the present time there are no revisions to the budget expenditures or funding sources. This tender represents one part of the overall project and further expenditures will be made. The tendered price is within original forecasts. CITY'S STRATEGIC COMMITMENT 1. Attachment #1 Recommended by: The improvement of Patrick Cummings Memorial Sports Complex is part of the implementation of the City of Niagara Falls Strategic Plan for the Provision of Parks, Recreation, Arts & Culture (January 2007). LIST OF ATTACHMENTS 2. Attachment #2 3. Attachment #3 - Bidder's List -2- MW- 2010 -43 - Patrick Cummings Memorial Sports Complex Location Plan - Patrick Cummings Memorial Sports Complex Structure Location Plan tkv -4//t dkl( - Sports Field Geoff Holman, Director of Municipal Works Respectfully submitted: I p Y Ken l'odd, Chief Administrative Officer - Baseball Shade DA S \REPORTS\2010 Reports \MW - 2010 -43 - Supply and Installation of Sports Fields and Landscape Development at Patrick Cummings Park.wpd ATTACHMENT #1 NORTH PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX - SPORTS FIELD LOCATION NASSAU AVENUE GREEN FROI 1 r 1 7 4d� vo lot TREES AC PARKING LOT ADDITION PARKING IMPROVEMENTS cmiminst, weLtoucsmay MCMORIAL ARCM% itrnYW R PL AREA ACCESSIBLE PETRIE BUILDING I • FREE PI AY . AREA „ i ' 1 ---' --. /,'' ' ! Ilt , - \ • r "" ' - ' 1.4.: ' * l' '''Y ":" -'''''' ..,....,,,, _I I "”' -I C. I ..` .--.‘,. r ,,•-•", ''''',/- I I - l' i ri 1! ; PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX MASTER5PLAN (WEST SECTION) CCESSIBLE ' AREA ACCESSIBLE PATHWAYS MULTIUSE YOUTH AREA • .4ctx.. 7 riAN ) 14.1 PROPERTY LINE ..44...‘,.....--,--.! , .... tiNCING ',..,... • i .:..._ __=---..._.:• —,-, .., f 1 , DSCAPE LAN I I E:TURE RP A E.11 1'1 ,4 , NEW ; LANDSCAP E PCJITURC ARCA ■ I TRCC3 r - MUL j p-US k ' • REPORT # MW-2010-43 - SOCCIag FIELL 3 7 • WEINBRENNER ROAD FIELD ICONSTRUCTION - EXISTING BA SEWALL. DIAMOND EXISTING BASEBALL DIAMOND 0 ACV ACI40.14/ #2 PALIMOITT Olt teti,Gtei 00'046 ■ W AS14 00t11 iittst. ■ ;.‘, °`' )("1"4 Ir•G j \ ; 0100009 Ottlit et o.1 , 0 4.0..PaFt. VOIS ASe. pima ribs - t4 WO Wu r Aet:ti C.) E%'141040 0 , PATRICK CUMMINGS MEMORIAL. SPORTS COMPLEX MASTER PLAN kEAST SECTION) BIDDER CRL Campbell Construction & Drainage Ltd. 984265 Ontario Ltd. Stevensville Lawn Service Inc. Trenchline & Roads Inc. Touchstone Site Contractors Inc. Ebersole Excavating Inc. Orin Landscaping Inc. Peninsula Construction Inc. ATTACHMENT #3 BIDDER'S LIST ADDRESS 11575 Burnaby Road Wainfleet ON LOS WO 1994 Stevensville Road Stevensville ON LOS 1S0 2821 Stevensville Road Stevensville ON LOS 1S0 2568 Honsberger Avenue Jordan Station ON LOR 1S0 650 Allanburg Road Thorold ON L2V 1A8 2194 East Avenue Stevensville ON LOS 1J0 100 Macintosh Boulevard Concord ON L4K 4P3 2055 Kottmeier Road, RR1 Fonthill ON LOS 1E6 BID PRICE (Excluding Tax) $681,890.00 $690,209.00 $696,130.00 $750,220 00 $761,595.00 $836,970.00 $843,435.60 $867,029.78 Niagara,7alIs REPORT TO: His Worship Mayor Ted Salci Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -46 NW Sanitary Sewer Club Italia Frontending Agreement RECOMMENDATION That this report be received for information and that staff be authorized to refund the amount received from the Province of Ontario through the Millennium Partnership's Initiative upon request. EXECUTIVE SUMMARY MW- 2010 -46 June 28, 2010 The City of Niagara Falls has been working for almost a decade to address a potential health risk in the northwest sector of the City just outside the current Urban Area Boundary. Despite its efforts to advance the construction of a proposed sanitary sewer pumping station and collection system there has been a number of issues beyond the City's control that have resulted in technical delays and missed opportunities for funding. Funding was approved in 2004 under Ontario's Millennium Partnerships Initiative in the amount of $262,500 subject to a number of conditions including a provision to complete the works by March 2007. Staff received a number of requests for extensions however in 2009 were informed that no further extensions would be permitted beyond March 2011. Given the funding constraints and the uncertainty regarding the pending application to expand the Urban Area Boundary ti is unlikely that the City will complete the approved project in time to meet the funding conditions. In December of 2009 staff contracted the Ministry of Agriculture, Food and Rural Affairs to determine whether the provisions the funding agreement would still be applicable under the circumstances. In May 2010, staff received notification that the Province is not in a position to forgive the payments made to the City through the interim claim process. The purpose of this report is to seek authorizations to refund the amount of $22,230.99 to the Region of Niagara who is a party to the Funding Agreement on behalf of the City of Niagara Falls. June 28, 2010 BACKGROUND - MW- 2010 -46 In August 2001 the Regional Niagara Public Health Department completed a health survey of lands situated north of the Hydro corridor and bounded by Kalar Road (west) Mountain Road (north) and Q.E.W. (east). The survey focused on the existing and future ability of the existing private systems to remain functional given the current and use. The investigation concluded that there was a significant health risk in the event of a failure of one or more systems and that the construction of a communal collection system should be considered by the municipality. The City of Niagara Falls completed a Class Environmental Study in March 2003 and received the endorsement from the Province in September 2003 when the Part II Order requested was denied by the Minster. The proposed system included the construction of a gravity sewer, Pumping Station and forcemain located primarily within the municipal road allowances. The estimated cost of the project at that time was $1,500,000 It was recognized that the new system, although intended to service only the existing developed properties, would have some limited capacity to handle sewage flows generated by new development. Staff proceeded to complete the detailed engineering and made an application to the Ministry of the Environment for a Certificate of Approval. The Certificate of Approval was finally issued in April 2008 with specific wording that the approval will expire if the works are not constructed before April 2013. The issue of capacity became an important consideration for the municipality because many of the owners of the land in this service area were contemplating the submission of an application to expand the Urban Area Boundary. A formal application was submitted in May of 2004 however the proposal was held in abeyance by the Region and the Province pending the completion of the new Provincial Growth Strategy (Ontario Places to Grow). The delay in the processing of this application was critical from the perspective of financing. The inclusion of the lands inside the Urban Area Boundary would have allowed the City to utilize Development Charge revenues to cover the growth- related Capital Costs while making the project much more affordable for the existing developed properties. At its meeting on March 5, 2007 City Council adopted the recommendation contained in report MW- 2007 -22 which directed staff to enter into negotiations and prepare a draft Agreement with Club Italia that would include provisions for the financing of the Pumping Station and Forcemain portions of the project. Discussions have taken place with Club Italia representatives who are also proponents of the Urban Area Boundary expansion application. A letter dated June 15, 2009 was sent to Club Italia's representatives requesting its formal position. A response dated October 15, 2009 confirms that Club Italia is proposing to replace the private sewage pumps and private forecemain at their own expense this Fall and is not in a position to finance the costs of the system proposed in the NW Sanitary Service Area EA. They have requested that we investigate the availability of the Millennium Grant Funding and if it could be used to help finance the forcemain portion of the project. ANALYSIS AND RATIONALE While the Urban Boundary Expansion application has made some progress there still are a couple of important considerations that have a direct impact on the City's decision moving forward; June 28, 2010 - MW- 2010 -46 1 If the Urban Area Boundary application is successful there still are a number of studies, secondary plans, zoning and appeal processes that could effectively delay any physical construction in this are for at least five years. These delays will undoubtedly affect the City's ability to meet the time line prescribed in the Certificate of Approval. 2. Club Italia has recently replaced its own private pumping station and forcemain with a more robust system that will meet its operating needs for some time to come. 3. The City transferred its jurisdiction for the ownership and operating responsibilities for all pumping stations and forcemains to the Region of Niagara in 2006. For the City to make any long term financial arrangements on a new pumping station of forcemain for which it will have no ownership is not logical or practical given its other Capital Project funding needs. 4. The City of Niagara Falls, through the Region of Niagara, has applied for and received confirmation that project costs up to $262,500 from Ontario Millennium Partnership Initiative (OMPI) and secured by Agreement between the Region and the Province. After a number of extension requests the City has been informed that no further extensions will be permitted before this date. 5. The availability of reduced OMPI funding for just the forcemain portion of the works is not likely given that the forcemain is being constructed for the exclusive use and expense of Club Italia. The decision to expand the Urban Area Boundaries to include the Northwest Sector will be approved or denied on the merits of the planning justification reports. The urgency to deal with the current health risks appear to have been mitigated through the actions taken by the affected property owners. For these reasons City staff is recommending that the Northwest Sanitary Servicing Project be indefinitely deferred and that the Region of Niagara be requested to inform the Province that the City no longer wishes to proceed as originally intended. LEGAL IMPLICATIONS The Funding Agreement has very specific provisions regarding eligible costs, terms of payment, records and audits, reporting requirements, default, enforcement and termination. Notwithstanding the terms in the Agreement to the contrary, the letter from the Province (dated May 17, 2010) confirms that they will not seek any interest penalties but will be requiring reimbursement of the funds paid out. Since the Region of Niagara was the signatory to the Funding Agreement on the City's behalf, the payment will need to be made out to them. FINANCIAL IMPLICATIONS The NW Sanitary Servicing Project is not in the approved Capital Forecast and as such no funding is in place for this project to proceed. It is recommended that the refund payment in the amount of $22,320.99 be paid from Sewer Reserves. June 28, 2010 ATTACHMENTS 1. Letter from the Ministry of Agriculture, Food and Rural Affairs Recommended by: - MW- 2010 -46 Geoff Ho Director of Municipal Works Respectfully submitted: Ken 11odd, Chief Administrative Officer S \REPORTS\2010 Reports \MW - 2010 -46 - NW Sanitary Sewer Club Italia Frontending Agreement.wpd INV Ministry of Agriculture, Food and Rural Affairs 4th Floor 1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: 1- 866 - 306 -7827 Fax: 519 826 -4336 Ministere de ('Agriculture, de ('Alimentation et des Affaires rurales 4` etage 1 Stone Road West Guelph (Ontario) N1G 4Y2 Tel. 1- 866 - 306 -7827 Telec. 519 826 -4336 Rural Community Development Branch " 'Ontario May 17, 2010 Our File: 7307 Mr. Michael Roach, Manager Public Works Financial Services The Regional Municipality of Niagara Region P.o. Box 1042 2201 St. David's Road Thorold, Ontario L2V 4T7 Dear Mr. Roach: RE: Millennium Project 7307, Northwest Sector Servicing Extension I am responding to the December 16, 2009 inquiry from Mr. Geoff Holman of the City of Niagara as to how the province will proceed with the City's decision to cancel project 7307. As you know, the Contribution Agreement with the province requires that provincial funds be used towards the completion of an approved project. The decision to cancel the project after numerous and uncontrollable delays is understandable, however, we are not in a position to forgive the amount paid to date of $22,320.99. While we will not seek penalties, the province will offset this amount against other Millennium payments still owing to Niagara Region. We will advise you when this offset occurs. Should you have further questions, please do not hesitate to call your project analyst, Anna Scott, at 519 - 826 -3153 or email her at anna.scott(a,ontario.ca. Sincerely, Dino Radocchia, Manager Infrastructure Programs Unit c: Geoff Holman, City of Niagara Falls Mark Zedo, OMAFRA Pick Ontario Freshness Cueillez la fraicheur de ('Ontario ivr NiagaraFals REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the TransCab pilot project, in the Montrose South Business Corridor, be extended to December 31, 2010, to further collect ridership and financial data to determine the best long term solution for employee transportation requirements through this initiative. EXECUTIVE SUMMARY The TransCab pilot project initiative was implemented in December 2009. It was established to fulfill transportation requirements of the employees within the Montrose Business Corridor. The cost of the private taxi cab is paid by the municipality, but is subsidized through the sale of special tickets sold to the businesses for this service and additional fares realized by customers travelling to and from Niagara Square. At present, approximately 50 percent of the cost of this service is subsidized, which is comparable to the funding model of Niagara Falls Transit. BACKGROUND His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario TS- 2010 -29 TransCab Transportation Pilot Project Update Montrose South Business Corridor TS- 2010 -29 June 28, 2010 Transportation Services & Business Development Departments In December 2009, Niagara Falls Transit, as a 6 -month pilot project, began to offer a TransCab service within the Montrose Business Corridor located south of McLeod Road. This section of businesses is outside the current Niagara Falls Transit service area by approximately three kilometers and thus, it is more cost effective to utilize private taxi cabs based on the distance and number of customers utilizing the service Prior to its launch, Transit staff communicated with each of the businesses along Montrose Road (ALO, Crown Trucking, ES Fox, Star Warning Systems, and Minacs) outlining the initiative and asking for their intent to participate. To date, only the Minacs personnel have participated in the program. Five months of data has been tabulated and the pertinent facts are as follows; The gross cost incurred by the municipality to provide the TransCab taxi service is $12,831.72 The revenue received through the sale of additional tickets is $7,818.80 Therefore, the net cost to the municipality is $5,012.92 This would represent an average of seven customers per day utilizing the TransCab to travel to and from work, which would generate fourteen rides. June 28, 2010 2 TS- 2010 -29 The fourteen rides taken per day totals approximately 2,300 trips taken for the initial five month period. Over the next six months staff will focus on promoting the TransCab service to all businesses in the Montrose South Business Corridor. ANALYSIS /RATIONALE Though the additional TransCab fare does not fully recoup the cost incurred by the municipality to purchase the service from 5 -0 Taxi, the full rationale for this form of investment involves Niagara Falls Transit building a larger ridership base, hence gas tax subsidy, as well as enable employers to better retain and recruit personnel for the greater health of the community FINANCIAL /STAFFING /LEGAL IMPLICATIONS Staff estimates the cost to perform the pilot for the balance of 2010 will be an additional $6,000, for a total annual cost of $12,000. Operating efficiencies are expected to accommodate the additional expenditure. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. List of Attachments TransCab Route Drawing Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services 7 Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer D Stuart S \General Administration \GA 1 01 Reports\2010 Community Services \06 Jun 28 \TS- 2010 -29 TransCab Transportation Pilot Project Update wpd A by -law to authorize an Application General to amend the register to release a Subdivision Agreement registered as Instrument Number RO203570 over the lots and parcels for Plan NS42. WHEREAS the Subdivision Agreement registered in 1973 as Instrument Number RO203570 over the lots and parcels on Plan NS42 has expired; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Application General to amend the register to release the Subdivision Agreement registered as Instrument Number RO203570 as it applies to the lots and parcels on Plan NS42, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty- eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010. June 28, 2010. June 28, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the execution of a Subdivision Agreement with 800460 Ontario Limited respecting Fernwood Subdivision - Phase 2. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 16 day of June 2010 and made between 800460 Ontario Limited and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lots 135 and 138, and part of Lot 48 and part of Block 78, Registered Plan 59M -370, City of Niagara Falls, Regional Municipality of Niagara subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C ", a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H ", copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Subdivision, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents. Passed this twenty - eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010. June 28, 2010. June 28, 2010. THIS AGREEMENT made this 16 day of June, 2010 BETWEEN: 800460 ONTARIO LIMITED Schedule page 5 Hereinafter called the "Subdivider ", of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City ", of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S 0 1990, for approval of a plan of subdivision (hereinafter called "the Plan ") attached hereto as Schedule "A" and entitled FERNWOOD SUBDIVISION - PHASE 2, being lands compnsing part of Township Lots 135 and 138, and part of Lot 48 and part of Block 78, Registered Plan 59M -370, being in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands ", AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows 0 z n W This is not a Plan of Survey K: \G1S_Reques[sS 2010\ Schedule\ Subdhrision \FernwoodPhase2\mappinq.map Schedule A Fernwood Subdivision Phase 2 I 1 Subdivision Plan Phase 2 Boundary Existing Property Parcel Road Allowance Schedule - Page 1 1"1114101 s i DA apyA IRO IWO s 4 N Scale 1:NTS May 2010 'Does not include City Share of Cost N/A = Not applicable due to pre - servicing I. Watermains 2. Sanitary Sewermains Items Watermains including water service laterals to the street line on all streets within the subdivision. Sanitary sewermains including service laterals to the street line on all streets within the subdivisision. 3. Storm Sewermains and Storm Detention Facilities $845,640 N/A a) Storm sewermains including service laterals and catchbasins on all streets within the subdivision. 4. Granular Roads $272,430 N/A Excavation and Granular "A" base of all streets within the subdivision. S. Base Roads $334,680 Curb, gutter and base asphalt paving of all streets within the subdivision including the construction of Granular "A" driveway ramps to all lots within the subdivision. 6. Finished Roads Surface asphalt paving of all streets within the subdivision. Schedule "C" Fernwood Subdivision Phase 2 Summary - Cost of Services Schedule Page Column 1 Column 11 Column 111 Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed $258,155 N/A $253,475 N/A $334,680 $124,870 $124,870 APPENDIX " -" *Does not include City Share of Cost N/A = Not applicable due to pre - servicing 7. Sidewalks, Fences and Berm Construction a) Fencing - Rear lot line for Lots 76 -96 Lot 76 - East property boundary Block 121 - East property boundary Items Column 1 Column II Column III Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed b) Sidewalk - Hendershot Boulevard (both sides), Osprey Avenue (east side), Fiddlehead Lane (west side), Ironwood Street (east side), Eagle Ridge Drive (south side) Schedule "C" Fernwood Subdivision Phase 2 Summary - Cost of Services Schedule Page $23,500 $23,500 $108,600 $108,600 8. Street Signs a) Street Name Signs $2,000 $2,000 b) Regulatory and Parking Restriction Signs $4,145 $4,145 9. Street Trees $33,400 $33,400 10. Street Lighting $80,000 $80,000 Sub Totals $2,340,895 $4,145 $707,050 10 % Contingency on Items 1 to 10 $234,090 $234,090 11. Engineering Costs a) City's 3 0% administration fees on Items 1 to 10 inclusive. $70,227 $70,227 *Does not include City Share of Cost N/A = Not applicable due to pre - servicing 1. Watermains 2. Sanitary Sewermains Items Column I Column 11 Column III Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed Watermains including water service laterals to the street line on all streets within the subdivision. Sanitary sewermains including service laterals to the street line on all streets within the subdivisision. 3. Storm Sewermains and Storm Detention Facilities 6. Finished Roads Surface asphalt paving of all streets within the subdivision. Schedule "C" Fernwood Subdivision Phase 2 Summary - Cost of Services Schedule Page $258,155 N/A $253,475 N/A $845,640 N/A a) Storm sewermains including service laterals and catchbasins on all streets within the subdivision. 4. Granular Roads $272,430 N/A Excavation and Granular "A" base of all streets within the subdivision. 5. Base Roads $334,680 $334,680 Curb, gutter and base asphalt paving of all streets within the subdivision including the construction of Granular "A" driveway ramps to all lots within the subdivision. $ 124,870 $124,870 G by Space of host NSA " Not *Does not 'ap bie due to pre- seMctn9 Items Yttt Construction Sidewalks, Fences and Be etiya 96 7. Stid lot hne Sot °ts b Rem Last property boundarl proper p ven et (east side), a � Fencing ' Lot '16 - 1 Vast sock 12 boulev (both t d nr Osprey en detsb ° La ne (west bl Sidewalk' bleu ltddl ehDrt e. (south side) side), rdg Eagle R Street Si g' s al Sit eet Name and P asking Restriction Sign b) Regulatory 9. Street Trees 1 0 . Street Lighting o Contingency on %terns 1 to 10 10 0 J 10 �� Engineering Costs Sees on 1ten�s 1 to a) City's 3 .0°/0 administtatt p1� Schedu\e "C" pha se 2 Fernw Summary S Cos °t Services Summary ' = CoW mn 1 TO Estimated Cost Sub To 823,5 $1p 8.6p0 $2 p00 S4,1 833, 880,p S 2,340,g 95 Column 11 Payable Gash Deposit e t abl e Si ed When A r eem $23 4,090 $70,2 S 4 145 $ q 145 Column 111 t d Letter of C ned When A reement Si When A 823, $ 108 ' 600 $2,0 S33, 880,p 510 8234,pg0 *Does not include City Share of Cost N/A = Not applicable due to pre - servicing b) Engineering fees 2.5% for inspection of works to be constructed under Items 1 to 10 inclusive. c) Streetlight consultants inspection fee 12. Lot Grading Performance Deposit "fotat Estimated Costs Schedule "C" Fernwood Subdivision Phase 2 Summary - Cost of Services Schedule Page Items Column I Column 11 Column III Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed $58,523 $5,120 $2,708,855 $50,000 $58,523 $5,120 $138,015 $441,140 $50,000 Development Charges By -Law #2009 -120 Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 112 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81,82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, I l l and 112. Category of Land Use Schedule "F" Schedule Page Fernwood Subdivision - Phase 2 Single Family Lots Rate /Unit* Amount Payable at Amount Payable at Subdivision Building Permit Agreement Stage Blocks 113, 114, 115, 116, 117, 118, 119 36 Multi - Family 3 931 x 36 = 141,516 41% of Applicable On- Street Townhouse Blocks $6,667 Municipal Wide Charge Block 120 100% Applicable Rate at Building Permit Townhouses $6,667 $0 Application Block 121 100% Applicable Rate at Building Permit Townhouse /Apartments $6,667 $0 Application Total 8801,980 NOTE. The rates and calculation shown reflect the development charges applicable at the time of the agreement as set out in By -law 2009 -120 If the issuance of building permits are issued after this date, the development charges rate at that date will apply S Subdi,lsiars \I Subdi,ts■ons\ 3008 -341 Fem"nod EsIaies Phase]UgreementhSchedule F sepd $10,000 Applicable Urban 41% of Applicable Services Charge Municipal Wide Charge $5,897 x 112 = 660,464 APPENDIX "'t " Schedule "G" Fernwood Subdivision - Phase 2 Schedule Page Cash in Lieu of Parkland Dedication: Parkland dedication requirements for this subdivision have been fulfilled through parkland dedication under the Fernwood Phase 1 Plan of subdivision. S \I Subdivisions \I. Subdivlslons\2008 -341 Fernwood Estates Phase 2Ugreement \Schedule G,wpd Schedule "H" Fernwood Subdivision - Phase 2 Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements - To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads - 1.5 m wide over parts: i) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 Plan 59R- b) For storm sewer and appurtances - irregular Shaped over parts: i) 24 Plan 59R- ii) 41 Plan 59R- iii} 43 Plan 59R- c) For rear yard drainage system - 3 0 m wide over parts i) 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42. 2. Blocks - To be granted to the City within the lands of the subdivision. a) Block 124 - 0.3 m reserve b) Block 122 - Walkway/Fire Route c) Block 123 - Walkway/Fire Route 3. Blocks - To be granted to the Region within the lands of the subdivision. a) Block 125 (0.3 m reserve) b) BO. r, 126 (0.3 m reserve) S Subdivisions\I Subdivisions,200g -3 Fernwood Estates Phase 2\Agtecinent \Schedule H wpd Schedule Page A by -law to designate the property known as 7565 Lundy's Lane formerly known as the Lundy's Lane School at Green's Corners, being PIN 64418 -0077 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, Part IV, section 29, authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property on October 29. 2009 and has caused such notice of intention to designate to be published in The Niagara Falls Review, a newspaper having general circulation in the municipality, on October 24, 2009; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS an objection to Council's Notice of Intention to Designate was served on the City Clerk (November 23, 2009); AND WHEREAS the letter of objection was withdrawn by the completion of Form 1 and the Conservation Review Board has closed its file; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as 7565 Lundy's Lane, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by- law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this twenty- eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading June 28, 2010 June 28, 2010 June 28, 2010 CITY OF NIAGARA FALLS By -law No. 2010- SCHEDULE "A" TO BY -LAW No. 2010- Part of Lot 132, Stamford, being Part 1 on Reference Plan 59R- 14083, City of Niagara Falls, Regional Municipality of Niagara. Statement of Cultural Heritage Value Description of Historic Place Lundy's Lane School was a small, rural two room school built in 1915 in the Edwardian Classical style exemplified in its simplified and exaggerated Classical elements and clean lines. Although it has been used as a school, police station and municipal offices, its minor alterations have not detracted from its prominent position on the corner of Lundy's Lane and Montrose Road. Heritage Value The site has cultural heritage significance to the City of Niagara Falls through its association with the early settlers (Greens and Lundy's) and with the "Old Red Meeting House ", the Methodist meeting house which once stood on the site as well as its adjacent cemetery (now Lundy's Lane Cemetery) still located east of this structure. The site was also the location of two other early Stamford Township schools, one built in 1832, facing what is now Montrose Road and the other immediately east of the present building as seen in early photographs of the present building. The building was constructed in 1915 and is the last remaining rural two room school of that era. Features such as the high stone foundation, brick corner quoins, portico entrance with a simple pediment supported by short wooden columns on brick piers, windows on stone sills topped with brick voussoirs and large contrasting key stones, projecting eaves supported by scroll brackets and hipped roof are all typical elements of this style. It also displays unique design features such as the paired side windows with segmental arches above and a recessed front entry. The building has been altered to suit its uses as the Stamford Township Police Department and Court from 1953 to 1972 and more recently as an art gallery and office space for the City's Parks, Recreation and Culture division. Heritage Attributes The cultural heritage value and interest of this property is contained in the 1915 Edwardian Classical style school. The key heritage attributes of the school include the following exterior elements: symmetrical red brick body high foundation of quarry-faced stone set in regular courses; recessed front entrance with a simple pediment portico supported by short wooden columns. double front entrance wooden doors with two panels, upper half glazed. brick quoins at the corners projecting eaves supported by scroll brackets; hipped roof front and back roof dormers with diamond paned windows transoms over the south, east and west entrance doors with diamond paned windows; S•\I IISTORY\INV\Lundy7565 \Designation \Designation Bylaw -7565 Lundy's Ln.wpd CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a Group Home Type 1, licenced by the municipality, for up to 17 persons, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) The uses permitted in a GC zone (b) A Group Home Type 1, licenced by the municipality, for up to 17 persons 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth (b) Minimum interior side yard width on the north side (c) Minimum interior side yard width on the south side (d) Minimum parking spaces 1.6 metres 2.2 metres 1 metre one (e) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 910 on the plan Schedule 1 attached hereto for a Group Home Type 1, licenced by the municipality and accommodating more than 10 persons, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall obtain a Building Permit from the City of Niagara Falls Building Services Department and the appropriate clearances from the City of Niagara Falls Fire Department. 10. The provisions of this By -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 910. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.910 Refer to By -law No. 2010- Passed this twenty - eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010 June 28, 2010 June 28, 2010 S -LAW S\ByamO 12.wpd -2- SCHEDULE 1 TO BY -LAW No. 2010- Subject Land LZZI SPRING ST ■ Applicant: Ben Yosef 2008 Inc FERRY ST 35.9m Amending Zoning By -law No. 79 -200 Description: Lt 1 Blk 1 PI 299 Niagara Falls; Niagara Falls N a s 1: NTS Assessment #: 272506000413300 AM- 2009 -012 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 12 \mapping.map June 2010 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2010 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Stop Signs at Intersections) WHEREAS as a housekeeping matter, a number of updates are required for various schedules in Parking and Traffic By -law 89 -2000 to correspond with existing field signage. The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Maranda Street North Drummond Road and At All Times a point 48 metres west of Drummond Road Maranda Street South Drummond Road and At All Times a point 22 metres west of Drummond Road Perkins Street Both Drummond Road and Portage Road At All Times -2- (2) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Centre St North Ellen Ave and a point 30m East At any time Tow away zone North St. North A point 137 m West of Portage Rd. 8 to 6 m. and Hanan Ave. North St. South A point 114 m West of Portage Rd 8:OOa m. to 6 and a point 38 m West Pew Street Both Dorchester Rd And the At All Times West limit of Pew St. Sixth Avenue Both Bridge St. and a point 50 m North At any time (3) by adding to the specified columns of Schedule E thereto the following items: LIMITED PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM PERIOD PERMITTED North Street North A point 137 metres west of Portage Road and 8 to 6:OOp.m. 2 Hours Hanan Avenue North Street South A point 114 metres west of Portage Road and 8:00a.m. to 6:OOp m. 2 Hours a point 152 metres west of Portage Road (4) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Jepson Street and St. Lawrence Avenue Westbound on Jepson Street Jepson Street and St. Lawrence Avenue Eastbound on Jepson Street Jepson Street and Palmer Avenue Eastbound on Jepson Street (5) by removing from the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Victoria Avenue and River Road Northbound on Victoria Avenue (6) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Queen St. South A point 38m West of St. Lawrence Ave. At any time and a point 48m West of St. Lawrence Ave. This By -law shall come into force immediately. Passed this twenty- eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading Third Reading June 28, 2010 June 28, 2010 June 28, 2010 -3- CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to establish a municipal bingo policy. WHEREAS Provincial Order in Council 1413/08 authorizes the licensing framework for eligible charitable or religious organizations to hold lottery events and sets out the limits of municipal and provincial licensing; and WHEREAS the municipality may attach terms and conditions, in addition to those established by the province, provided that they do not conflict with Provincial terms and conditions or policies; and WHEREAS it has been deemed necessary to institute a late filing policy to deal with the delinquent submission of bingo reports. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By -law 2003 -172 is amended by deleting Schedule "A" and that Schedule "A" attached hereto shall be inserted in lieu thereof. 2. That By -law 2005 -32 is hereby repealed. 3. That the policy contained within this by -law shall come into effect on July 1, 2010. Passed this twenty - eighth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010. June 28, 2010. June 28, 2010. CITY OF NIAGARA FALLS MUNICIPAL BINGO POLICY SECTION 1 AUXILIARY ORGANIZATIONS DEFINITION SECTION 2 BANKING PROCEDURES CASHLESS SECTION 3 BONA FIDE MEMBERS SECTION 4 BONA -FIDE MEMBER/REIMBURSEMENT EXPENSE POLICY SECTION 5 BUSING SECTION 6 ELIGIBILITY SECTION 7 EVENT CALENDAR SECTION 8 NUMBER OF EVENTS SECTION 9 PENALTIES GENERAL SPECIFIC INCIDENTS INCIDENT REPORT - BINGO HALL SECTION 10 LATE FILING POLICY "NEW" SECTION 11 PRE - APPROVAL FOR BINGO ORGANIZATIONS SECTION 12 POOLING SECTION 13 REPORTING REQUIREMENTS -2- SECTION 1 AUXILIARY ORGANIZATIONS DEFINITION FOR LOTTERY LICENSING PURPOSES An auxiliary is an organization that is an offshoot of another organization. One organization is referred to as the parent organization and the other organization is the auxiliary. To be considered as a complete separate entity and not an auxiliary, an organization must be able to legitimately stand on its own and the following criteria should be met before consideration will be given to their status. • Its own Constitution/Bylaws /Charter /Letters Patent • It should have its own Board of Directors or Principal Officers • A separate incorporation if organization is incorporated in the Province of Ontario • It should have its own charitable aims and objectives. Criteria that would result in an organization being considered auxiliary are: • Joint financial support of one facility • Identical signing officers • Similar aims and objectives • Joint funding of projects • No separate incorporation SECTION #2 BANKING PROCEDURES The bingo procedures, in addition to the Provincial regulations as they relate to the banking practices of the bingo licensees are as follows: • Copies of the Canadian bank statements and copies of the cancelled cheques are to be supplied to the Clerk's Department by the 30``' of the month following the month in which they are issued. These statements must be attached to the Charitable Gaming Summary Report and individual session reports for each bingo operated during the month The following procedures will be the basis of the "cashless" system used in conjunction with bingo events. FLOATS -3- • Where an organization chooses to operate from one designated lottery trust account system, in addition to the copies of the bank statements and cancelled cheques, copies of the individual ledgers must be submitted monthly. • Once a year a budget or proposed budget is to be submitted to the licensing authority for the following year (generally requested in October) This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where a budget year conflicts with the calendar year and no budget is available, written notification of this fact and an indication on when submission of this budget will occur. • Any organization that ceases to remain in the bingo business, is required to submit all banking documents and /or ledgers on a monthly basis until such time as all funds have been dispersed from the lottery trust account. Proof of account closure will also be required. CASHLESS • Floats will consist of: 2 - $1,500.00 floats of each currency and 1 - $3000.00 float of each currency. The $1,500.00 floats will be rotated amongst each session. The $3,000.00 float will be used for change and prize payouts. Should prizes be paid out of the $3,000.00 float, replenishment of the float is to be done by cheque. • Upon the arrival of at least two designated members at the bingo hall, the bingo float may be requested from the bingo the hall manager. This float will be in a sealed bank bag and will contain a verification sheet from the group who used the float last, itemizing the contents in the bag. • Upon verification of the bingo float, if it is short or over in any way, the hall manager is to be notified immediately so this shortage /overage can be verified. A float error report will be kept and any discrepancies will be deducted or added to the group split at the end of the month. • Upon completions of the bingo event, the group will prepare a new float with the specified denominations, complete the verification form, put the float and verification letter in a bag, seal it and return the float to the hall manager. Should you not have the correct denominations required, the $3,000.00 float held by the manager may be used.. DEPOSITS -4- • Hall management will make a deposit of all monies received at the end of each day and the deposit dropped in the provided safe. The designated company shall pick -up, each day from Monday -Friday (holidays excluded), shall pick up the dropped deposits and provide hall management with the respective deposit slip for those monies. • Any shortages or overages will be applied to the individual organizations' split at the end of each month. SECTION #3 BONA FIDE MEMBERS • An individual may only be involved in the bingo operation of (5) five charitable organizations in Niagara Falls. • Any changes to an individuals choice of organization's be provided to the City of Niagara Falls, in writing, and that the information be provided to the organizations involved. • That current municipal policy with respect to penalties be applied to this policy. SECTION # 4 BONA -FIDE MEMBER/REIMBURSEMENT EXPENSE POLICY The the maximum bona -fide member reimbursement is as follows: • $40.00 per session (breakfast, afternoons and evenings inclusive) • The Out of Pocket Expense Reimbursement is to be paid from the proceeds of the individual organization's split each month. • Out of Pocket Expense Reimbursements of $10.00 or less per person are payable without the necessity to provide receipts. Out of Pocket Expense Reimbursement sheet must be signed by each member accepting the $10.00 fee. • Out of Pocket Expense Reimbursements in excess of $10.00 to a maximum of $20.00 will be permitted with proper receipting. • The reimbursement must be for actual expenses incurred. • Acceptable expenses include, but are not limited to: child care (babysitting), meals, transportation (bus, taxi, or mileage [current government rate] ). -5- • Actual receipts must be provided. In the event that an expense cannot be receipted (e.g. bus fare), a written receipt from the person claiming the reimbursement must be included with any actual receipts. • The receipts must be attached to the Out of Pocket Expense Reimbursement sheet that is provided to the bingo hall manager to be forwarded to the HCA (Hall Charity Association). • The Out of Pocket Expense Reimbursement sheet (with attached receipts) will be provided to the Lottery Licensing Authority monthly, as part of the pooling submission. • Expenses not indicated in the examples above must be approved by the Lottery Licensing Authority, prior to being claimed. SECTION # 5 BUSING OF BINGO PATRONS The practice of busing of patrons to bingo will not be permitted, unless specific permission is granted by the Municipality. SECTION #6 ELIGIBILITY In order to be eligible for a Provincial bingo licence in the City of Niagara Falls and be granted the necessary municipal approval, organizations must complete the APPLICATION FOR LOTTERY LICENSING IN NIAGARA FALLS and comply with the municipalities SPECIAL REQUIREMENTS SECTION #7 EVENT CALENDAR The event calendar reads as follows: MORNING - Monday thru Sunday - 1 per day AFTERNOON - Monday thru Sunday - 1 per day LATE AFTERNOON - Monday thru Sunday - 1 per day EVENING - Monday thru Sunday - 1 per day LATE NIGHT - Monday thru Sunday - 1 per day A morning bingo is operated between the hours of 8:15 a.m. and 12:15 p.m. An afternoon bingo is operated between the hours of 11.15 noon and 3:15 p.m. -6- A late afternoon bingo is operated between 2:15 p.m. and 6:15 p.m. An evening bingo is operated between 5:15 p.m. and 10:15 p.m. A late night bingo is operated between 8:15 p.m. and 12:15 a.m. SECTION #8 NUMBER OF EVENTS No organization will be licensed to conduct more than 52 events in a calendar year. SECTION #9 PENALTIES Penalties for non - compliance with either Provincial Terms and Conditions and Municipal. Policy, will be as follows: SPECIFIC INCIDENTS 1. Licensee arrives with insufficient number of bona -fide members and a late session start is required: • 1St occurrence Written warning • 2n occurrence Probationary licence for six (6) months • 3r occurrence Three (3) month licence suspension • 4t occurrence Six (6) month licence suspension • 5 occurrence Indefinite suspension 2. Licensee arrives with insufficient number of bona -fide members and cannot conduct the event: Bingo hall is allowed to "replace" the licensee for that event, in accordance with the Provincial Terms and Conditions, the licensee in violation can be subjected to the following: • 1" occurrence Written warning • 2n occurrence Probationary licence for six (6) months • 3r occurrence Three (3) month suspension • 4 occurrence Six (6) month suspension 3. If a replacement organization cannot be arranged, the event must be cancelled for that session and the bingo hall will "go dark ". time slot and the penalty for the "bingo hall going dark" will be as follows: • 1' occurrence Three (3) month licence suspension • 2n occurrence Six (6) month licence suspension • 3r occurrence No longer permitted to conduct bingo r INCIDENT REPORTS -7- In order to properly apply the penalties with respect to bona -fide members and the ability to conduct the bingo event and provide an opportunity to replace organizations if necessary, the following policy with respect to Arrival Times will apply: Three (3) bona -fide members of the licensed organization must arrive at the hall, no later than 1 % hours prior to the start of their event. If those members are not present in time, the hall manager will than start the proceedings, as described above, for the "replacement of the licensee." 4. Licensee is "written up" for other infractions /incidents by either the hall manager or the hall charity association: • 1s occurrence Written warning • 2nd occurrence Probationary licence period for six (6) months • 3rd occurrence Three (3) month licence suspension • 4th occurrence Six (6) month licence suspension • 5 occurrence Indefinite suspension 5. Licensee is not permitted to conduct an event/barred from the bingo hall for cause: • The licensee will lose "ownership" of the time slot, will receive a licence suspension, length of time to be determined by the licensing authority and must then reapply for an opportunity to conduct bingo events. This charity will be placed on the bingo event waiting list and will be treated as a new applicant. The bingo halls in Niagara Falls will implement an Incident Report Policy. This will consist of preparing a standard form.. This form will be used by the bingo hall and the hall charity association to document any incidents that may occur with a particular licensee and copies shall be distributed as follows: • Bingo Hall • City of Niagara Falls • Licensee • Hall Charity Administrator -8- The form shall indicate whether or not the incident is : • Non - compliance with Provincial and/or Municipal Terms • Non - compliance with Bingo Hall and /or Hall Charity Association Terms • Other SECTION #10 LATE FILING POLICY OVERDUE MONTHLY CHARITABLE GAMING PACKAGE Bingo reports are to be submitted to the licensing authority by the end of the month following the bingo events (ie: January monthly report to be submitted by the end of February). • 1 st occurrence Written request for submission of overdue report with deadline given. 2' Notice of overdue report and deadline given for submission. Failure to file by second deadline - suspension of bingo licence one event at a time until all documentation is received • 2nd occurrence Written request for submission of overdue report with deadline given Failure to file by deadline - suspension of bingo licence one event at a time until all documentation is received (no second notice given) • 3rd occurrence automatic one month suspension of bingo licence • 4`" occurrence automatic three month licence suspension • 5 occurrence automatic six month suspension BINGO APPLICATION SUBMISSION - ,failure to file by due date or incomplete Bingo applications are processed twice a year (May and November). With the November application, additional documentation is required. • 1 S` occurrence loss of one bingo event and new deadline given • 3` occurrence FINANCIAL STATEMENTS OTHER LOTTERY LICENCES -9- failure to file by second deadline, one month suspension of bingo licence. failure to submit by third deadline, three month suspension of bingo licence • 2' occurrence loss of bingo licence for once month with deadline given failure to file by second deadline, three month suspension of bingo licence. six month suspension of bingo licence Financial statements are required on a yearly basis, within 180 day of the organizations fiscal year end. Overdue financial statements will be handled as follows: • Written request for submission of overdue report with deadline given. • 2 " Notice of overdue report and deadline given for submission. • Failure to file by second deadline - suspension of bingo licence one event at a time until all documentation is received Organizations who hold other lottery licences in addition to their bingo licences and the reports are overdue will be handled as follows: • Written request for submission of overdue report with deadline given. • 2 " Notice of overdue report and deadline given for submission. • Failure to file by second deadline - suspension of bingo licence one event at a time until all documentation is received -1 Organizations in violation of the Late Filing Policy will be subject to a six (6) month Probationary Licence period. During this time, organizations may be denied additional licences or additional bingo licence events, where warranted. Organizations in good standing for six months will be have their probationary status removed. SECTION #11 PRE- APPROVAL FOR BINGO ORGANIZATIONS Any organization wishing to be pre- approved for a bingo licence must comply with Section 5 of this policy. A list of pre- approved organizations will be administered in the following manner: • The list will be maintained by the Clerk's Department • The groups will be placed on the list in the order in which they are approved. • All openings in the bingo event calendar will be filled from the list of pre- approved organizations in order of their appearance on the waiting list. • When an opening occurs, the opening will be first offered to currently licensed organizations who have expressed, in writing, a desire to change from their current bingo event. The event that becomes available following this procedure, will then be offered to the first organization on the waiting list. At that time, the organization must satisfy the Lottery Licensing Authority that the factors in determining their eligibility on the waiting list have not changed, thereby making the pre- approval still valid. Only new openings will follow the above procedure. Temporary openings, including those resulting from licence suspensions, will be filled from the municipal waiting list until such time as a final decision as to the continued licensing of the organization involved has been determined. SECTION #12 REPORTING REOUIREMENTS An executive list or Board of Directors is to be submitted to the licensing authority on a yearly basis. This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where an election of new officers has not taken place, written notification is required which contains the date of election of officers and when the submission of this list will occur. A budget is to be submitted to the licensing authority on a yearly basis. This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where a budget has not been prepared at that time, written notification is required which indicates when the budget submission will be received. By -law No. 2010 - A by -law to authorize the payment of $35,449,887.32 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 May 6, 2010 to June 9, 2010. Passed this twenty- eighth day of June 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010 June 28, 2010 June 28, 2010 CITY OF NIAGARA FALLS f CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28t day of June, 2010. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 28 day of June, 2010 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 June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 28, 2010 June 28, 2010 June 28, 2010