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2010/08/30COUNCIL MEETING Monday, August 30, 2010 Order of Business and Agenda Package Niagara qHs �CANAI)A COUNCIL MEETING August 30, 2010 O CANADA Cassandra Dren will sing 0 Canada PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of August 9` 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. DEPUTATIONS /PRESENTATIONS Alzheimer Society Teena Kindt, Chief Executive Officer, Alzheimer Society of Niagara, will make a deputation to inform Council of the 15th Annual Coffee Break Campaign. Niagara Falls Review New Publisher, Mark Cressman and Steve Gallagher, the new managing editor of the Niagara Falls Review would like to formally introduce themselves to the Council and give a brief update on the paper. - 2 - PLANNING MATTERS Public Meeting 26 -11- 2010 -01 & AM- 2010 -012 Deerfield Estates Phase 9 Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) Background Material: Recommendation Report: PD- 2010 -72 -AND- Correspondence from Victor Muratori, Sullivan Mahoney MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. M & M Meat Shops - requesting that September 16 be proclaimed as "National Family Dinner Night ". RECOMMENDATION: For the approval of Council. 2. Derek Costello, C.E.T. - Council reconsider trams or streetcars for the People Mover System. RECOMMENDATION: For the information 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 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2010 -49, Major Receivables Monthly (July) F- 2010 -50, Municipal Accounts F- 2010 -52, Tax Sale Extension Agreement FS- 2010 -10, RFT T -14 -2010, Roof Replacement - Fire Station 1 HR- 2010 -09, Benefits Renewal MW- 2010 -55, Municipal Services Improvements PD- 2010 -63, Drummondville CIP Grant, 5668 Main Street PD- 2010 -64, Historic Drummondville CIP Grant, 5662 Main Street PD- 2010 -66, Historic Drummondville CIP Grant, 5841 -5845 Ferry Street PD- 2010 -70, Revised Rehabilitation Grant agreement with Mountainview Homes PD- 2010 -71, Warren Woods (West), Extension of Draft Plan Approval R &C- 2010 -18, Arts & Culture Wall of Fame Policy Revision and 2010 Inductees R &C- 2010 -20, Municipal Alcohol Risk Management Policy 1 THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. 2010 -129 - 4 - RESOLUTIONS BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to amend By -law No. 2010 -84, to include a fee for the recovery of costs associated with emergency response related activities and, in particular, fire investigations. 2010 -130 A by -law to execute a Memorandum of Understanding with DataFix for the Municipal VoterView (MVV) Services. 2010 -131 A by -law to amend By -law No. 79 -200, to permit the Lands to be developed for 30 townhouse dwelling units, subject to the removal of a holding (H) symbol. (AM- 2010 -007) 2010 -132 A by -law to amend By -law Nos. 2005 -93 and 79 -200, to permit a portion of the Lands to be used for residential purposes and to identify a portion of the Lands for park purposes. (AM- 2010 -009) 2010 -133 A by -law to amend By -law Nos. 2005 -94 and 79 -200, to permit the Lands to be used for commercial purposes, subject to the removal of a holding (H) symbol. (AM- 2010 -009) 2010 -134 A by -law to provide for the adoption of Amendment No. 97 to the City of Niagara Falls Official Plan. (OPA No. 97) 2010 -135 A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used for offices, personal service shops and clinics. (AM- 2010 -016) 2010 -136 A by -law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582 from January 1, 2010 to December 31, 2012. 2010 -137 A by -law to establish the Niagara Compliance Audit Committee. 2010 -138 A by -law to authorize the City Clerk to execute a rental agreement with Premier Election Solutions Inc. for an accessible ballot marking device. 2010 -139 2010 -140 2010 -141 -5 A by -law to authorize the payment of $16,708,455.90 for General Purposes. A by -law to authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30` day of August, 2010. NEW BUSINESS 8/19/2010) Teresa Fabbro - Fwd: : Revised Note Singing at Council Au 30th 2010 • From: Dean Iorfida To: Teresa Fabbro Date: 8/18/2010 1:43 PM Subject: Fwd: Revised Note Re: Singing at Council Aug 30th 2010 »> Karl Dren <kdren@ cogeco.ca> 8/18/2010 1:41 PM »> > My name is Cassandra Dren and I am 12 years old almost 13. I attend Cardinal Newman Elementary School here in > Niagara Falls and will be entering grade 8. > I take singing lessons from Debra Linton and I am entering my 2nd year. I also take piano and am currently in grade 5 with wonderful > teacher Erica Smeaton. > I enjoy basketball, swimming, soccer, and reading. Last of all I enjoy camping and many adventures with my friends, family and my cat Hershey. > Cassandra Dren -� Page1i Teresa Fabbro- Fwd: Council Meeting Request August 30, 2010 _=n �� Page 1 From: Dean Iorfida To: Teresa Fabbro Date: 7/14/2010 9:26 AM Subject: Fwd: Council Meeting Request - August 30, 2010 For August 30 file. »> Chelsey Cook <ccookPalzheimerniagara.ca> 7/14/2010 9:26 AM »> Hi Dean, I would like to request the opportunity to speak at the August 30th Council Meeting in regards to the Alzheimer Society Niagara Foundation's 15th Annual Coffee Break Campaign. Please confirm if this would be possible and I will forward the name of the speaker who will be representing the society as soon as I have them confirmed. Thanks, Chelsey Chelsey Cook Special Events Coordinator Alzheimer Society Niagara Foundation 403 Ontario St. Unit #1, St. Catharines, ON L2N 1L5 Ph: 905 - 687 -6856 ext.556 Fx: 905 - 687 -9952 ccook©alzheimerniagara.ca www.alzheimerniagara.ca 8/ Dean Iorfida Fwd: RE: Introduction Page 1 . From: Dean Iorfida To: Subject: Fwd: RE: Introduction »> "Mark Cressman" <mcressman@anfreview.com> 8/19/2010 9:16 AM »> Dean, with regards to the next council meeting, Steve Gallagher our new managing editor and I were hoping we could formally introduce ourselves to the council as well as give a brief outlook on where we are at. Talk to you soon Mark Mark Cressman Publisher Niagara Falls Review 4801 Valleyway, Niagara Falls, Ontario (905) 358 -5711 x1111 (905) 658-7169 mcressman@ nfreview.com image001 From: Carey Campbell f mailto :ccampbell(a>niagarafalls.cal Sent: Wednesday, August 18, 2010 4:36 PM To: Dean Iorfida Cc: mcressman@nfreview.com Subject: Introduction Dean: Mark Cressman, the new Publisher at the Niagara Falls Review, has contacted me and expressed his interest in coming to Council. I thought it would be PD- 2010 -72 Niagara,Falls August 30, 2010 CA M1IUA 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 -72 26T -11- 2010 -02 & AM- 2010 -012 Deerfield Estates Phase 9 Draft Plan of Subdivision Revised Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) RECOMMENDATION 1. That the Deerfield Estates Phase 9 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the revised application to amend the Zoning By -law be approved as detailed in the attached report PD- 2010 -60 to provide the necessary land use regulations to guide the development of the subdivision, subject to the apartment dwellings being set back a minimum of 15 metres from Kalar Road, and the application of a holding (H) symbol to the easterly portion of the subdivision to secure stormwater management facilities and a Record of Site Condition for part of Block 210. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has requested approval of a draft plan of subdivision and a zoning amendment to permit the development of a subdivision with 207 single detached lots and 4 blocks for townhouses and apartment buildings. The application was deferred by Council at its July 19, 2010 meeting. Council requested staff and the applicant to consider moving the apartment blocks away from Kalar Road and to review road widening requirements on Kalar Road in response to public comments. This report addresses Council's request. August 30, 2010 • - 2 - PD- 2010 -72 The proposed subdivision and related zoning amendment are recommended based on the following: the proposal complies with Provincial and Regional policies with respect to providing compact development in greenfield areas; the proposal complies with the Official Plan with respect to the location of higher density residential developments and the Garner Neighbourhood Secondary Plan in terms of housing mix; increasing the minimum building setbacks for the apartment buildings from Kalar Road from 7.5 metres to 15 metres will provide a greater separation from the existing dwellings on the east side of Kalar Road and, • the plan of subdivision provides a logical extension to previous phases of Deerfield Estates. The conditions of approval are listed in the Appendix. BACKGROUND Proposal The applicant proposes to subdivide 6.4 hectares (40.5 acres) of land on the west side of Kalar Road, south of Lundy's Lane (see Schedule 1) into 207 lots for single detached dwellings and 4 blocks for townhouses and apartment buildings (between 145 and 199 units). The apartment buildings, which are proposed on Blocks 210 and 211, would be between 3 and 6 storeys in height. Schedule 2 illustrates the design of the subdivision. A zoning by -law amendment application is being processed concurrently with the subdivision application. The land is currently zoned Development Holding (DH) by Zoning By -law No. 79- 200. The portion of the land that is intended to be developed for single detached dwellings is requested to be zoned Residential Single Family 1 E Density (R1 E). A portion of the lots are proposed to be zoned with site specific regulations to allow reduced lot areas, lot frontages and side yard widths, an increase in lot coverage and to add a requirement for attached garages. The townhouse and apartment blocks are requested to be zoned site specific Residential Low Density, Grouped Dwellings (R4), Residential Apartment 5B Density (R5B) and Residential Apartment 5C Density (R5C) zones establishing minimum residential densities. The requested zoning would permit Blocks 208 and 209 (adjacent to Kelsey Crescent) to be developed with townhouses with increased lot coverage and reduced side yard widths and Blocks 210 and 211 (the two northerly blocks fronting onto Kalar Road) to be developed with apartment buildings from 3 to 6 storeys in height. Regulations are also requested to permit a retirement home with a special parking requirement on Block 211. Staff Report PD- 2010 -60, attached as Appendix "B ", contains a detailed analysis on the draft Plan of Subdivision and Zoning By -law amendment applications. Design Alternative Pros Cons Move apartment blocks (Blocks 210 and 211) further into the subdivision (on Street "A" opposite Block 208) and replace the apartment blocks with townhouses or single detached dwellings fronting on a new internal road Lower building heights along Kalar Road Will create reverse lot frontages along Kalar Road which is undesirable, unattractive and will create a "no man's land" streetscape on the west side of Kalar Road. Will also place the longest side of an apartment building next to single detached dwellings. Move apartment blocks (Blocks 210 and 211) further into the subdivision (on Street "A" opposite Block 208) and develop townhouses or single detached dwellings with driveways off Kalar Road Lower building heights along Kalar Road The introduction of additional driveways onto a future 4 lane arterial road is undesirable and can create unsafe traffic conditions. Leave apartment blocks adjacent to Kalar Road, but rotate them to face onto Street "A" No benefit Will create massing impacts with the long side of an apartment building in front of the existing residents. Reduce apartment building heights to 3 storeys Apartment buildings will be of a height and built form similar to what has already been built on Kalar Road (Bethlehem Place). Does not require any changes to the plan To meet the required densities, buildings with either larger footprints or compact units will have to be built. This may effect the types of projects that could be developed on these blocks. August 30, 2010 - 3 - PD- 2010 -72 ANALYSIS /RATIONALE 1. Subdivision Design Alternatives The Official Plan directs apartment buildings to locations at the periphery of neighbourhoods and close to commercial areas with convenient access to arterial roads so as to limit potential adverse affects on lower order streets and land uses. Sites located close to designated commercial lands are allowed to be developed with apartment buildings up to 6 storeys in height and 100 units per hectare in density. In response to Council's direction on July 19, 2010, Staff met with the developer to discuss alternative subdivision layouts and zoning amendments. A summary of the 4 alternatives explored and the pros and cons of each of the alternatives is listed in the following table. As the first 3 alternatives listed above will have negative impacts, the location of the blocks as originally proposed by the applicant provide the following advantages: August 30, 2010 3. Road Widenings - 4 - PD- 2010 -72 The apartment buildings would have direct access to an arterial road (Kalar Road) without the need to utilize local streets; The apartment buildings would be within walking distance of existing and proposed commercial facilities; An adequate separation distance is provided from the dwellings on the east side of Kalar Road. Kalar Road is intended to function as a four lane arterial road with a 30 metre width; and, The orientation of the apartment blocks in an east/west direction will result in the narrower facades being oriented towards the residences on the east side of Kalar Road. This orientation affords a more generous skyview between the buildings. 2. Zoning Alternatives In response to the concerns expressed by the area residents, the applicant proposes to increase the front yard setback for the proposed apartment dwellings along Kalar Road from the standard 7.5 metres to 15 metres to provide a greater separation from the dwellings on the east side of Kalar Road. The larger front yard setback would result in a separation distance of at least 45 metres (150 feet) between the apartment buildings and the front lot lines of the dwellings on the east side of Kalar Road. A length to height ratio in excess of 2:1 would be acheived. A minimum length to height ratio of 1:1 between medium rise and low rise buildings is generally viewed as acceptable. Increasing the front yard setback would also provide an opportunity to place a berm and intensive landscaping in the front yard which would assist in screening the new development from Kalar Road. To ensure adequate landscaping is provided, the amending by -law should include a provision requiring a minimum landscape strip of 7.5 metres between the building and the street. Reducing the height of the buildings to 3 storeys, though not proposed by the developer, is an acceptable option provided a minimum density of 66 units per hectare is achieved. This should be possible as Bethlehem Place was developed at a density of 72 units per hectare. If Council determines that the building heights should be limited to 3 storeys the standard front yard setback should be maintained at 7.5 metres and the lot coverage increased from 30% to 40% to provide the future builder more flexibility in design. Kalar Road is identified in the City's Official Plan as an arterial road that is to be widened to 30 metres to accommodate expected traffic from development. This width will accommodate a 4 lane road cross - section. The traffic that is dependant on this roadway is being generated by new development in the Garner Neighbourhood and by commercial development in the Niagara Square area. The width of the right of way will have to be increased by approximately 10 metres to accommodate the additional lanes. August 30, 2010 - 5 - PD- 2010 -72 Up to this date road widenings have been dedicated on both the east and west sides of Kalar Road south of the land. A 3 metre wide road widening has been dedicated on the west side of Kalar road between the subject lands and McLeod Road through registration of plans of subdivisions. A 6.7 metre wide road widening was dedicated through the registration of the Westwood Village Plan of Subdivision on the east side of Kalar Road south of the subject land. Since that time similar widenings have been acquired from individual properties on the east side of Kalar Road. Following these precedents a 3 metre wide road widening is proposed to be obtained along the Kalar Road frontage of the proposed subdivision. The existing pavement is offset in the road allowance; to require a wider widening on the west side of the street will create an illogical swing in the street to move it away from approximately 8 properties and would necessitate additional tapers for the two ends to align with the existing and planned road alignment. An Environmental Assessment will be undertaken to determine the necessary road cross section and alignment, and any further property requirements prior to the reconstruction of Kalar Road . The public will be notified and will be able to participate in this process. 4. Stormwater Management The westerly portion of the plan of subdivision (84 single detached lots) is within the Beaverdams Creek watershed area. Stormwater from this portion of the plan is to be directed to stormwater facilities in the Edgewood Estates Plan of Subdivision. The balance of the subdivision is within the Warren Creek watershed area. Although it was noted in the previous report that stormwater in this area is to be serviced by facilities to be constructed or upgraded in the future, a limited number of lots in this watershed (lots 17 to 58 inclusive and 162 and 163) can be serviced at this time. The balance of the Tots and blocks within this Warren Creek watershed area (including Lots 59 to 131 inclusive, Lots 156 to 161 inclusive and Blocks 208 to 211 inclusive) should be subject to a holding (H) symbol until the necessary stormwater facility upgrades are completed. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan in terms of its residential policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map • Schedule 2 - Subdivision Plan • Appendix A- Conditions for Draft Plan Approval • Appendix B - Staff Report PD- 2010 -60 Recommended by: Respectfully submitted: kw A,„4v 4Z.Q Alex Herlovitch, director of Planning, Building & Development Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2010 \PD- 2010 -72, 26T -11- 2010 -01 & AM- 2010 -012, Deerfield Estates Phase 9.wpd August 30, 2010 - 6 - SCHEDULE 1 PD- 2010 -72 Subject Land LOCATION MAP Ile MO a NNW NMI MEI NO 1111111111 , 4 1111 .111.11 r pm MIN 1∎ X1111 1 11111 1111111111111111 47 WNOY'S LANE �— n1nr ' `1 1111 -►' ,��► �Il�olr Ins 111111111 —me a 11 FORESTVIEW BLVD m 111"'11•• ow. icZ1 5 MI al EN ON MI ais am - rrrrrrrrn tv la i IIII 4 Ilimir Ift MIN, ism Amending the Zoning By -law No. 79 Location: West Side of Kalar Road South of Lundy's Lane Applicant: River Realty Development (1976) Inc. July 2010 26T- 11- 2010 -02 and AM- 2010 -012 August 30, 2010 -7- PD- 2010 -72 1 I I 1 AY '13VH315 LS Ulv 555i Ng 5555 s g z i KAIAR 9i1 Mi f KELSEY - CRESCENT im two Sap einomb STREET 'D' STREET S TREET 'D' mon mien m o m Cow mom Ohm 1111111 PARKSIDE STREET Q �Ft mom! ROAD men or tag N 3(153 T > I 1533535J v1) qrO Schedule 2 T August 30, 2010 - 8 - PD- 2010 -72 Conditions for Draft Plan Approval APPENDIX A 1. Approval applies to the Deerfield Estates Phase 9 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated June 7, 2010, showing 207 Tots for single- detached dwellings, 2 Blocks for townhouse dwellings and 2 Blocks for apartment dwellings or a retirement home. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersection of Kalar Road and Street "A" and 5 metre legs at all other intersections; (c) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) dedication of a 3 metre road widening (Blocks 212 and 213) to the City along the west side of Kalar Road abutting the plan; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010 as amended; (f) weeping tile flow to be directed to the storm sewer by use of sump pumps; (g) provision of an overland stormwater flow route; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010 as amended. 5. The developer dedicate a 0.3 metre reserve to the City at the west limit of Street "A" (Block 215) and dedicate 0.3 metre reserves on any other streets that may be dead ended as a result of staging subdivision registrations. 6. The City dedicate the existing 0.3 metre reserves at the north limit of Kelsey Crescent, Parkside Road and St. Michael Avenue (Blocks 66 and 68, 59M -354 and Block 256, 59M -366) as public highways. 7. The developer construct sidewalks to City standards on both sides of Parkside Road, St. Michael Avenue and Street "A ", on the east sides of Kelsey Crescent and Street "C ", on the Street "B" frontage /flankage of Lots 195 -207 inclusive, on the Street "D" frontage / flankage of Lots 43, 64 -87 inclusive and 148 -156 inclusive and on the west side of Kalar Road (no sidewalk is required on the cul -de -sac bulb). 8. The developer provide speed control devices along "Street A" to the satisfaction of the City. August 30, 2010 - 9 - PD- 2010 -72 9. The developer submit a Geotechnical Report prepared by a soils consultant to the City for review and approval. 10. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 11. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 12. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 13. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on both sides of roadways with an asphalted width of less than 8 metres and on one side of roadways with an asphalted width of less than 9.15 metres. 14. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 15. The developer grant the City and Public Utilities any easements required to service the subdivision. 16. The developer contribute funds to provide boulevard trees in accordance with City policy. 17. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By- law. 19. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). August 30, 2010 -10 - PD- 2010 -72 21. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 22. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 23. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 24. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 25. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 26. Within 60 days of draft plan approval, the developer acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 27. Within 60 days of draft plan approval, the developer provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City of Niagara Falls. 28. The design drawings for the water, sanitary sewer and stormwater drainage system required to service this plan be submitted by the developer to the Regional Development Services Division for review and approval. Note: Any stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 29. Prior to final approval of the subdivision for registration, Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Development Services Division for the necessary servicing (watermains, sanitary sewers and storm sewers) for the development shall be obtained. 30. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the developer shall ensure that all streets and development blocks can provide through August 30, 2010 -11 - PD- 2010 -72 access. Where no through access can be provided, a cul -de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway must be provided. 31. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Division, for review and approval, two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) Detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the updated stormwater management plan and other related materials on the Region's behalf and submit comments to the Regional Public Works Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. 32. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management, erosion and sedimentation control measures required in accordance with Condition 31 above. 33. The owners conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Culture and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licencing and resource conservation requirements. NOTE: A copy of the archaeological assessment report is to be submitted to the Regional Development Services Division for information. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Regional Municipality of Niagara for Conditions 26 to 33 inclusive APPENDIX B PD- 2010 -60 Niagar rails July 19, 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 -60 26T -11- 2010 -02 & AM- 2010 -012 Deerfield Estates Phase 9 Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) RECOMMENDATION (THIS MATTER DEFERRED BY COUNCIL 1. That the Deerfield Estates Phase 9 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision, subject to the application of a holding (H) symbol to the easterly portion of the subdivision to secure stormwater management facilities and a Record of Site Condition for part of Block 210. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has requested approval of a draft plan of subdivision and a zoning amendment to permit the development of a subdivision with 207 single detached Tots and 4 blocks for multiple unit residences. This request can be supported because: • the proposal complies with Provincial and Regional policies with respect to providing compact development in greenfield areas; July 19, 2010 - 2 - PD- 2010 -60 • the proposal complies with the Official Plan with respect to the location of higher density residential developments and with the Garner Neighbourhood Secondary Plan in terms of housing mix; and, the plan of subdivision will provide a logical extension to previous phases of Deerfield Estates. The conditions of approval are listed in the Appendix. BACKGROUND Proposal An amendment is requested for land holdings totalling 16.4 hectares (40.5 acres) in the area on the west side of Kalar Road, south of Lundy's Lane (see Schedule 1). The applicant proposes to subdivide the 16.4 hectare site into 207 lots for single detached dwellings and 4 blocks for townhouse dwelling units and apartment dwelling units (between 145 and 199 units). Schedule 2 illustrates the design of the subdivision. A zoning by -law amendment application is being processed concurrently with the subdivision application. The land is currently zoned Development Holding (DH) by Zoning By -law No. 79 -200. The portion of the land that is intended to be developed for single detached dwellings is requested to be zoned Residential Single Family 1 E Density (R1 E). A portion of the lots are proposed to be zoned with site specific regulations to allow reduced lot areas, lot frontages and side yard widths, an increase in lot coverage and to add a requirement for an attached garage. The multiple unit blocks are requested to be zoned site specific Residential Low Density, Grouped Dwellings (R4), Residential Apartment 5B Density (R5B) and Residential Apartment 5C Density (R5C) zones establishing minimum residential densities. The requested zoning would permit Blocks 208 and 209 (adjacent to Kelsey Crescent) to be developed with townhouse dwelling units with increased lot coverage and reduced side yard widths and Blocks 210 and 211 (the two northerly blocks fronting onto Kalar Road) to be developed with apartment dwellings from 3 to 6 storeys in height. Regulations are also requested to permit a retirement home with a special parking requirement on Block 211. Surrounding Land Uses The Deerfield Phase 8 Plan of Subdivision, which is now registered and is being developed with dwellings, lies to the south. Single detached dwellings are located on the east side of Kalar Road. Vacant lands intended for future residential development lie to the west. Commercially designated lands lie to the north, fronting onto Lundy's Lane. While some of these commercial lots are fully developed, some are partially developed or vacant. Neighbourhood Open House A neighbourhood open house was held on May 26, 2010 and was attended by the developer, City staff and 4 residents. The residents present expressed concerns about the apartment dwelling blocks along Kalar Road and stated they preferred these blocks to be located further west, well within the subdivision. There were also concerns expressed about the traffic on Kalar Road and the impact if Street "A" and Block 211 are allowed to July 19, 2010 - 3 - PO- 2010 -60 exit onto this street. In addition, there were concerns about stormwater management for this subdivision. It was noted that there are already stormwater impacts on the system south of the Deerfield area. ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan Provincial policies require greenfield areas, such as the subject Secondary Plan Area, to be developed in a compact urban form. To this end, the Region has directed that greenfield areas in the City are to be built at a density of 53 persons and jobs per hectare. The subdivision complies with these densities and represents an efficient use of residential land and urban services. The Region is satisfied the plan is consistent with Regional and Provincial policies and has no objections to its approval. 2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan designates the land Residential. Residential lands are intended to be developed with a variety of housing forms. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities to meet the needs of all residents. Higher density developments such as apartments are directed to lands that have access to the arterial road system to minimize traffic impacts on local streets and take advantage of transit routes. To support commercial developments lands adjacent to commercial districts can be developed with apartments between 4 and 6 storeys in height up to a density of 100 units per hectare. The subdivision proposes various lot sizes for single- detached homes, 2 blocks for townhouses and 2 blocks for apartments. One of the apartment blocks may be developed for a retirement home, providing further housing choices. The apartment blocks are readily accessible from an arterial road in close proximity to commercially designated lands, as directed by the Official Plan. The combination of the separation provided by Kalar Road along with on -site yard setbacks and coverage restrictions provides a setback from dwellings on the east side of Kalar Road and dictates the construction of buildings with a slender profile facing onto Kalar Road. These measures should assist in mitigating the impact on residences along the east side of Kalar Road. The subdivision will be compatible with the existing and future surrounding uses. The application satisfies the general intent of the Garner Neighbourhood Secondary Plan. A housing mix target of 70% single /semi- detached units and 30% multiple residential units is specified for the Garner Neighbourhood. The subject plan proposes a housing mix of 59% single units and 41% multiple units which is above the targets in the Secondary Plan. The plan also avoids any reverse lot frontage lots along Kalar Road as directed by the Secondary Plan. The location of a new collector road (Street "A ") is in accordance with the Secondary Plan road network. July 19, 2010 - 4 - PO- 2010 -60 3. Subdivision Design The subdivision is served by a new east/west collector road (Street A) extending west off of Kalar that provides future access to lands beyond the western boundary of the subdivision. Two collector roadways (Parkside Road and St. Michael Avenue) and a local street (Kelsey Crescent), established in previous Deerfield Estates phases, will all terminate with the new collector road. As the lands to the north are commercial lands intended to be accessed from Lundy's Lane, there are no road connections northward. Parking restrictions will be placed on Kelsey Crescent and the cul -de -sac to ensure adequate fire access. The lot sizes will be compatible with other Tots in the neighbourhood. Parkland requirements were addressed through the original Deerfield subdivision. Sidewalks are to be provided in accordance with standard municipal practice. 4. Stormwater Management The westerly portion of the plan of subdivision (84 single detached lots) is within the Beaverdams Creek watershed area. Stormwater in this area is to be directed to stormwater facilities in the Edgewood Estates Plan of Subdivision. The balance of the subdivision is within the Warren Creek watershed area. Stormwater in this area is to be serviced by facilities to be constructed or upgraded in the future. The Tots and blocks within this Warren Creek watershed area (including Lots 17 to 131 inclusive, Lots 156 to 163 inclusive and Blocks 208 to 211 inclusive) should be subject to a holding (H) symbol until the necessary stormwater facility upgrades are completed. 5. Zoning By -law Amendment The standard Residential Single Family 1 E Density (R1 E) zone has been requested for 58 of the single detached Tots. This zone has the appropriate provisions to guide the development of these lots. A site specific R1 E has been requested for 149 of the smaller single detached Tots. The requested reduction in lot sizes (from 370 square metres to 320 square metres for an interior lot and from 450 square metres to 400 square metres for a corner lot) and a reduction in lot frontage (from 12 metres to 10 metres for an interior lot and from 15 metres to 12 metres for a corner lot) will promote compact development and assist in meeting density targets. To facilitate development on the smaller lots, the applicant has requested a number of site specific provisions. Interior side yard widths are requested to be reduced from 1.2 metres to 0.9 metres for a one - storey, split level or 1 1 /2 storey dwelling and from 1.8 metres to 1.2 metres for a 2- storey dwelling, and exterior side yard widths for all dwellings are requested to be reduced from 4.5 metres to 3 metres. Maximum lot coverage is proposed to be increased from 40% to a maximum of 45% of the total lot area. It is also requested that the dwellings be required to have attached garages to provide a higher quality of development. Similar standards have been established for some of the Tots in earlier stages of Deerfield Estates. July 19, 2010 - 5 - PO- 2010 -60 A site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone is requested for the 2 townhouse dwelling blocks (Blocks 208 and 209). The applicant has requested apartment dwellings (typically permitted in an R4 zone) be removed as a permitted use, limiting the use to townhouse dwellings and group dwellings (2 or more townhouse dwelling blocks). To ensure density targets are met, the applicant is also requesting a density range from 25 units per hectare to 50 units per hectare be provided on these blocks. This density has been achieved in other townhouse developments in the City and will allow for a variety of design options. The applicant is requesting a reduction in side yard setbacks from one -half building height to 1.8 metres and an increase in maximum lot coverage from 35% of the lot to 40% to provide design flexibility. As the requested standards are reflective of standards typically applied to single detached dwellings, no impacts on surrounding Tots are expected. The requested zoning will assist, along with requested zoning for the adjacent apartment blocks, in providing a variety of housing types to residents The site specific Residential Apartment 5B Density (R5B) zone requested for Block 210 would permit the development of an apartment dwelling with 58 to 65 units. To ensure density targets are met it is necessary to impose a minimum density of 66 units per hectare on this Block and Block 211. The density would be similar to that achieved for the Bethlehem Place development to the south. The applicant has also requested an increase in building height from 10 metres to 12.5 metres to achieve a pitched roof design. The pitched roof will be in character with the dwellings in the neighbourhood and is acceptable. The apartment dwelling should be required to provide this pitched roof to ensure the apartment dwelling is kept to 3 storeys. The site specific Residential Apartment 5C Density (R5C) zone requested for Block 211 would permit the development of an apartment dwelling or a retirement home up to 6 storeys in height with between 54 and 80 units. As the Official Plan allows consideration fo buildings up to 8 storeys in height on adjacent commercial lands the proposed zone provides for a gradation of building heights from north to south. Existing zone provisions will provide yard setbacks to assist in mitigating impacts on surrounding properties. Permitting a retirement home would allow some flexibility in providing development options to serve the needs of residents. The requested parking standard of 0.65 units per living unit in a retirement home is consistent with standards applied to other retirement homes in the City. As the applicant is dedicating the necessary road widening along Kalar Road to meet future needs the road widening provisions contained in the by -law can be relieved. A small portion of Block 210 is owned by the City and is to be transferred to the applicant in exchange for road widening dedications along Kalar Road. This block of land was once used by Niagara Falls Hydro for a transformer. Provincial policies and the City's Official Plan require the completion of a Record of Site Condition. Therefore, this block of land should be subject to a holding (H) provision, which can be lifted once the Record of Site Condition has been completed. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. July 19, 2010 - 6 - PD- 2010 -60 CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan in terms of its residential policies. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Subdivision Plan Recommended by: Respectfully submitted: L i, oc,d,t, Alex Herlovitch, Director of Planning, Building & Development K Todd, Chief Administrative Officer A.Bryce.mb S:\PDR\2010 \PD- 2010 -60, 26T -11- 2010 -01 & AM- 2010- 0I2,Deertield Estates Phase 9 Draft Plan of Subdivision.wpd July 19, 2010 - 7 - SCHEDULE 1 PD- 2010 -60 Subject Land R 1 1!' i0 iiiti1 its " ` _ 111 11 mum o re • r� it ""`'� /M' ■/ +r te r == > — = r r r ar, gm II WIN MUM N, t, , tr WIMP >.rr MOW FORESTV1EW BLVD r m LUNOrS LANE ` " M 1 rr IIlilmiu .1 IMO NM NMI IMII NMI aft 44 i. 11 sr aft 11 401111 re V �1 4102_ 4ty , - r r T TT tl LOCATION MAP Amending the Zoning Ely-law No. 79 -200 Location: West Side of Kalar Road South of Lundy's Lane Applicant: River Realty Development (1976) Inc. July 2010 26T -11- 2010 -02 and AM -2010 -012 July 19, 2010 - 8 - PD-2010-60 KELSEY CliLac ENT July 19, 2010 - 9 - PO 2010 - 60 Conditions for Draft Plan Approval APPENDIX 1. Approval applies to the Deerfield Estates Phase 9 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated June 7, 2010, showing 207 lots for single - detached dwellings, 2 Blocks for townhouse dwellings and 2 Blocks for apartment dwellings or a retirement home. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersection of Kalar Road and Street "A" and 5 metre legs at all other intersections; (c) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) dedication of a 3 metre road widening (Blocks 212 and 213) to the City along the west side of Kalar Road abutting the plan; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010 as amended; (f) weeping tile flow to be directed to the storm sewer by use of sump pumps; (g) provision of an overland stormwater flow route; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual2010 as amended. 5. The developer dedicate a 0.3 metre reserve to the City at the west limit of Street "A" (Block 215) and dedicate 0.3 metre reserves on any other streets that may be dead ended as a result of staging subdivision registrations. 6. The City dedicate the existing 0.3 metre reserves at the north limit of Kelsey Crescent, Parkside Road and St. Michael Avenue (Blocks 66 and 68, 59M -354 and Block 256, 59M -366) as public highways. 7. The developer construct sidewalks to City standards on both sides of Parkside Road, St. Michael Avenue and Street "A ", on the east sides of Kelsey Crescent and Street "C ", on the Street "B" frontage /flankage of Lots 195 -207 inclusive, on the Street "D" frontage / flankage of Lots 43, 64 -87 inclusive and 148 -156 inclusive and on the west side of Kalar Road (no sidewalk is required on the cul -de -sac bulb). 8. The developer provide speed control devices along "Street A" to the satisfaction of the City. July 19, 2010 -10 - PD- 2010 -60 9. The developer submit a Geotechnical Report prepared by a soils consultant to the City for review and approval. 10. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 11. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 12. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak Tots have been completed. 13. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on both sides of roadways with an asphalted width of less than 8 metres and on one side of roadways with an asphalted width of less than 9.15 metres. 14. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 15. The developer grant the City and Public Utilities any easements required to service the subdivision. 16. The developer contribute funds to provide boulevard trees in accordance with City policy. 17. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 19. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the July 19, 2010 - 11 - PU- ZU1U -bU proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 21. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 22. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 23. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 24. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 25. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 26. Within 60 days of draft plan approval, the developer acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 27. Within 60 days of draft plan approval, the developer provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City of Niagara Falls. 28. The design drawings for the water, sanitary sewer and stormwater drainage system required to service this plan be submitted by the developer to the Regional Development Services Division for review and approval. Note: Any stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 29. Prior to final approval of the subdivision for registration, Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Development Services Division for the necessary servicing (watermains, sanitary sewers and storm sewers) for the development shall be obtained. July 19, 2010 -12 - PD- 2010 -60 30. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the developer shall ensure that all streets and development blocks can provide through access. Where no through access can be provided, a cul -de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway must be provided. 31. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Division, for review and approval, two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) Detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the updated stormwater management plan and other related materials on the Region's behalf and submit comments to the Regional Public Works Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. 32. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management, erosion and sedimentation control measures required in accordance with Condition 23 above. 33. The owners conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Culture and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licencing and resource conservation requirements. NOTE: A copy of the archaeological assessment report is to be submitted to the Regional Development Services Division for information. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Regional Municipality of Niagara for Conditions 26 to 33 inclusive Mayor and Members of Niagara Falls City Council June 29 2010 My husband and I, as residents of 6050 Kalar Rd for many years wish to express our concerns with Zoning Bylaw amendment File # AM 2010 -012 on the west side of Kolar Rd, south of Lundy's Lane as proposed currently by the applicant. We are not in opposition of the lands being developed residentially but are not in favor of the submission as proposed. We attended the recent pre public meeting and spoke to the applicant and planning staff. In speaking to planning staff today, June 28 we were informed the applicant wishes to proceed with the plan as submitted, which we do not support. We asked the applicant if he could relocate the apartment blocks off Kolar Rd and respect the single family, well maintained larger lots sizes and insert single family or townhouse development instead. His reply was it is City policy to locate apartment buildings on the frontage of arterial and collector roads. Suffice to say that in one breathe he uses policy to support his plan but in the next breathe remains silent in that he is requesting policy be amended to allow for reduced lot coverage requirements and setbacks so as to allow for the creation of more lots, thereby maximizing the developers revenue, unless of course, the plan is to pass those 'savings' onto future purchasers. In fact our request can be supported by City policy. The policy cited; 1.13.1 states, `the character of existing neighborhoods within the Built- up area shall be retained.' This section goes on to state that new and infill development shall blend into the existing lot fabric, streetscape and built form of the neighborhood. Well, 3 to 6 storey apartment buildings are NOT in conformity with the developed portion of this section of Kalar Rd. The entire street across from the development is comprised of single family one or one and half story homes on larger residential Tots. Going from larger single family lots directly to 6 story apartments is contrary to the city's policy. Section 1.13.2 states, sufficient separation should occur to ensure complementary uses and gradation. This we contend is better achieved if the proposed apartment blocks are re- located off Kalar Rd and to the back of the property and adjacent to the current commercial properties on Lundy's Lane. This is common throughout the Region and Province to have development occur this way. In fact planning doctrine often states gradation of building forms should be from single-family, to semi and townhouse buildings, to walk up apartments, then to high rise or commercial properties. This, we offer can be achieved in this plan with little redesign and in conformity with the city's policy and still achieve the densities the developer and city may wish and appease the existing residents, many who have been there for more than 30 years. RECEIVED JUN 2 S 2010 PLANNING & DEVELOPMENT The developer quotes city policy to support his location of' the apartment blocks but the actual wording of the policy states, "should generally be..." and does not say SHALL BE. I assume it is written this way as to allow for common sense exceptions that may occur, such as we contend, is the situation here. Council, It would appear could determine to relocate the apartment blocks off Kalar Rd and not be in violation of policy and can in fact find support to do so in their policies. We also contend that better orientation for higher density development should be oriented as far as possible towards Lundy's Lane to help better meet the city's policy of better utilization of public transport. It would seem that Lundy's Lane is likely to provide a higher level of public transportation than Kalar Rd and in that regard consideration needs to be designed into the current plan to allow for pedestrian access to Lundy's Lane. This can be achieved in the future when an existing property on Lundy's Lane is ready to redevelop. If it is not included and considered now, it will be much more difficult to achieve the stated city's goals of encouraging better access and higher usage of public transportation. A quick review of sections 1.7, 1.9 and 1.13 should provide ample support for both relocation of the proposed apartment blocks and if they remain on Kalar support for the reduction in height to a maximum of 3 storeys. In summary we request Council locate the apartment blocks as we have proposed and should for whatever reason that not happen and they remain on Kalar Rd then a 3 storey height limit be placed on them. We firmly believe that with some consideration given to the EXISTING residents that a win -win situation could occur. The developer and city can achieve the densities it wishes to achieve and the existing residents can have a more compatible development adjacent to them. We thank you in advance for your sincere consideration and respect of your current and existing residents. Deby and Barry O'Connor 6050 KALAR Rd Niagara Falls Wednesday June 9, 2010 Att: City Planning & Development Division Re: River Realty Development on the west side of Kalar Rd. south of Lundy's Lane In response to notification sent to us in the mai regarding this proposed development. My husband and I have lived at 6050 Kalar Road for thirtyfive years. When we purchased our house here we felt like we had the best of both worlds, being in the country but with full city amenities. We were realistic enough to know that eventually this land would be developed and that changes would happen. When River Realty donated land to Bethlehem Place and they had to apply for re- zoning; my husband and I were concerned and about this for two reasons. One was a concern for having a transitional residence that requires 24 hour security in our area, and the other was a strong belief that once re- zoning was allowed for this multi -level building it would set a precedence for the rest of the land to be developed on Kalar Road. And this is exactly what is happening. what I see on the development plan for the proposal is they will be building a number of 3 -6 story buildings across the street from us and this is unacceptable for our neighbours and ourselves. Why can't these multi- level buildings be located in the back of the development; and leave what aesthetic appeal our neighbourhood has left. River Realty has come in and cut down all the trees that existed along Kalar Road, trees that took years to grow and now they want to place high rise buildings in their place; this is a travesty. I will never get to watch a sunset go down as that will be blocked by towering brick buildings; we will have to deal with more traffic which already has become a huge problem for residents on Kalar. Trying to get out of my RECEIVED JUN 1 0 2010 P:_ANNItJG & DEVELOPMENT driveway at any time is a challenge. A problem that will only escalate with this new phase added. As well, the city will be expanding our road to 4 lanes, which will result in us losing 20 feet of land on our side of the street. Land that we have invested our hard work and hard earned money into. Why could this have not been taken from the other side of Kalar? It seems to us that all consideration is given to the developers and their project; and no consideration at all to the long time residents; many of us over 30 years. Right now, we residents are the only ones that are making concessions. We know that the development will happen no matter what is said here today. However, we are only asking for some consideration from the Planning Department, in hopes that it will look at alternative locations for these multi level buildings to be located in the development. The residents of this neighbourhood have always worked hard to make this a beautiful area in this city in which to live; and by allowing this development plan to have buildings towering over our properties, feels like an unjust waste and a slap in the face for all of our hard work in maintaining our homes for decades. Sincerely Barry & Deby O'Connor `So ti c} - `beck_n R- 6 ClQ C t CI COOL (LALM- -b U3 e- c c CSe Q, +o +h' 1 s k+ ±e r .- G r'e, o n �-) wl Q., re, s ', c € hi o-c- �IrN ; s c. re , August 10, 2010 Mayor Ted Salci and Membei'of Council City of Niagara Falls City Hall Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sirs: SULLIVAN MAHONEY«P LAWYERS Reply to St. Catharines Office VICTOR F. MURATORI, Q.C. Phone: 905.688.6655 Ext. 235 Facsimile: 905.688.5814 vfmuratorina sullivan- mahoney.com COPY Re: River Realty Application for Plan of Subdivision and Rezoning Deerfield Estates Plan of Subdivision, Kalar Road, Phase 9 Re: Public Meeting, July 19 2010 Our File No.: 88946 Further to the public meeting above referenced that dealt with our client's application for plan of subdivision and rezoning on Phase 9 of the Deerfield Estates /Kalar Road and as per the request of Council that we reconsider the application to see how the concerns of the residents on the East side of Kalar Road could be better addressed this letter will address this review. On Wednesday, July 28 the writer, our client and our planner (Mr. Richard Brady of Urban & Environmental Management), a copy of whose comments are annexed to this letter, met at City Hall with members of your planning and engineering staff to review the proposed plan of subdivision and rezoning application. The purpose of that meeting was to explore whether we could make any amendments to the proposal so as to alleviate the concerns expressed by certain of the residents on the East side of Kalar Road. The major concerns voiced by these residents were the proposed apartment buildings to be developed on Blocks 210 and 211 of the plan of subdivision and the taking by the Municipality of frontages along the East side of Kalar Road for the purpose of the Kalar Road widening. It should be noted that, to address the latter issue, our client also engaged its own traffic engineer (Paradigm Transportation Solutions Limited) and a copy of their review is attached for your examination. The following is a summary of the issues examined during our meeting and the results thereof: V. F. Muratori, Q C. J. M. Goal, S. J. Premi L. K. Parsons 40 Queen Street, P.O. Box 1360, St. Catharines, Ontario L28 6Z2 Telephone: 905.688.6655, Facsimile 905.688.5814 4781 Portage Road, Niagara Falls, Ontario L2E 6B1 Telephone 905.357.0500, Facsimile: 905.357.0501 www.sullivan- mahoney com P. B. Bedard R. B. Culhton C. D'Angelo C J. Bittle T. A. Richardson P M. Sheehan W. B McKaig J. R. Bush P. A. Mahoney B A. Macdonald R. Vacca T. Wall K. A. Book J P. Maloney S E. Wells M. D. Atherton Counsel (Commercial Lawl M.D. Kriluck J. Dallal M J. Bonomi B J. Troup D. A. Gosfin G. W McCann M. F. Adams 1. Kalar Road Widening We attended the meeting with the authorization from our client to offer for sale an additional 5 feet along the frontage of Kalar Road of the property owned by it if this would alleviate the amount of land to be taken from the residents on the East side of Kalar Road. The engineering department indicated that while they appreciated the offer, this would do nothing to change the configuration of the proposed widening of Kalar Road. This alignment had been pre - determined not only by the improvements which have already taken place to the South of the subject lands but also by the configuration of the intersection of Kalar with Lundy's Lane, the Environmental Assessment that has been completed with respect to these alignments and. most importantly the fact that a very substantial amount of the frontage on the East side has already been acquired and/or taken by the Municipality in previous applications. At the meeting, the engineering department had with it an aerial photograph which indicates on it: the lands that have already been taken along the frontages of the residences on the East side of Kalar Road; the width of that taking; and the width of the proposed roadway. We recommend that photographs be available for Council's review. It should be noted that while the taking along the East side is approximately 20 feet, only one half of that will actually be used for roadway, the balance will in fact remain as frontages of the residences on that street, albeit owned by the Municipality. It should also be noted that a large number of the frontages of the individual lots have already been taken by the Municipality including that of Mr. and Mrs. O'Connor. Although the developer was prepared to provide some assistance, it was quickly determined that the alignment of the improved Kalar Road has long been established and cannot be changed without possible impairment to function. 2. Plan of Subdivision Configuration, Proposed Densities and Zoning The area of the proposed plan of subdivision is a "Greenfield area" and therefore is subject to the provisions of the Places to Grow Growth Plan. This fact is recognized not only in planning staff's report to Council but also in the comments received from the Planning Department of the Regional Municipality of Niagara. Under this growth plan a designated Greenfield area has to be planned to achieve a minimum density target of not less than 53 resident/jobs combined per hectare. This proposal meets that minimum requirement. At the Council meeting the comments made by most Councillors and by the residents was not to request a reduction of these densities which were accepted as a current requirement under Provincial planning legislation and Section 3(5) of the Planning Act. With respect to the configuration of the plan of subdivision, it should be noted that the proposal does the following: (a) The proposed plan of subdivision does, as is required by Section 1.7 of the Official Plan of the City of Niagara Falls provide variety of residential types (5 different densities) and arranges them in gradation of building heights from the lowest to the West to the highest 3 on the East with the highest densities being located along an arterial road (Kalar Road). Specifically Section 1.7 of the Official Plan states in part: "In providing for these demands varieties of residential types will not be mixed indiscriminately but will be arranged in a gradation of building heights and densities according to the following guidelines and applicable secondary plan policies" (emphasis added by the writer). Accordingly the proposed draft plan does this exactly by going in sequence, from the lowest density single family detached type lots to a higher density single detached lot, to a lower density townhouse complexes and then eventually to two different densities of apartment blocks. (b) The major objection raised by the local residents on the East side of Kalar Road where the proposed size and height of the apartment buildings which are planned to be developed on Blocks 210 and 211. Their request was that these Blocks be integrated into the interior of the plan of subdivision. As we stated at the public meeting on July 19 last in commenting about the proposed plan of subdivision and its configuration, your Official Plan is very specific in providing guidance as to the location of apartment developments. Specifically, the Official Plan provides: (i) for apartment of three to four storeys (in this case Block 210) Section 1.7.3 of the Official Plan states: "Such development shall be located at the periphery of residential neighbourhoods with convenient access to the arterial road system and public transit to minimize traffic movements on local streets and generally be in close proximity to schools, parks and open space and neighbourhood commercial areas" (emphasis added by the writer); (ii) for apartments of four to six storeys (Block 211) Section 1.7.4 of the Official Plan states, in language very similar to that of 1.7.3 and states as follows: "Such development shall be located at the periphery of residential neighbourhoods with convenient access to the arterial road system and public transit to minimize traffic movement on local streets and generally be in close proximity to minor commercial districts, major institutional uses, parks and open space area." (emphasis added by the writer). In both of the above cases, special attention should be directed in both 1.7.3 and 1.7.4 to the word "shall" which we have underlined in both cases. Section 29 of the Interpretation Act of Ontario states that: "In the English version of an Act, the word "shall" shall be construed as imperative and the word "may" as permissive ". Accordingly, based on the requirements of the Interpretation Act the word "shall" as found in the Official Plan should be read as being the same as "must ". This very legal interpretation is further reinforced by a recent unanimous decision of the Court of Appeal of Ontario (Niagara River Coalition and The Corporation of the Town of Niagara -on- the -Lake) where the Court stated at [45] "It is clear that official plans are not legislation, and where interpretation is necessary, it is a question of law that must be - 4 - determined on the basis of the documents that comprise such plans." (emphasis added by the writer). Accordingly, in the absence of being able to meet these requirements in another location within the proposed plan of subdivision (i.e. at another periphery of the residential neighbourhood; at another arterial road system; at another area that gave easy access to public transit so as to minimize traffic; at another area that provided easy access to local or neighbourhood commercial uses) the developer has virtually no choice given the mandate of the Official Plan but to place these Blocks exactly where it did. (Further in this letter, we will review the various other options that we explored in order to try to accomplish that which Council requested.) 3. Other Planning Considerations Explored at the Meeting of July 28 At the meeting of July 28 in conjunction with your Planning and Engineering Staff we examined other planning considerations that impact on this decision. Here are some of those considerations: (i) The land that comprises Phase 9 of Deerfield Estates has a long and narrow configuration. The relative narrowness of the site limits the options or laying out the lot fabric of the proposed plan of subdivision in particular when the street pattern has to be taken into consideration. As stated by Mr. O'Brien (Paradigm Transportation Solutions Limited) on page 2 of his report, the layout of the street patterns and their intended function dictates the location of the streets. In particular, both Parkside Road extension and St. Michael Avenue extension are intended to function as local collector roads linking Forrestview Boulevard (a local collector road) and Proposed Street A as a further east/west local collector that will link the proposed residential developments to the west. In addition as Mr. O'Brien points out their alignment for exit purposes on the arterial Kalar Road is "spaced" to provide optimum traffic functioning of that arterial roadway system while minimizing the impact of traffic exiting from these residential subdivisions. This in turn predetermines the pattern of streets B, C and D and their configuration to avoid a single loaded road pattern which is both inefficient and expensive. It should be noted however, that streets B, C and D are intended to function as "local streets" and therefore are not designed for higher volumes of traffic. In fact, the location of any one of the proposed apartment blocks on any one of these streets is not only contrary to the requirements of the Official Plan but would simply constitute a poor design from a traffic management point of view. (ii) The side yard set -back requirements of the proposed zoning bylaws that create the "building envelope" for the apartments to be located on both Blocks 210 and 211 are such that the "narrow" end of the building will be fronting on Kalar Road and 5 the "broad" side of the building will be facing each other, the commercial development to the north and Street A. Likewise, the single family residences to the west of Blocks 210 and 211 while much closer to the proposed apartment buildings than the residents on the east side of Kalar Road will also have the benefit of the "narrow" end of the building. While we attempted to "relocate" these towers internally at no place in the proposed plan of subdivision can this type of orientation be achieved. Located anywhere else on the plan of subdivision some single family residential lots will be faced with the "broad" side of these apartment buildings. This is clearly not what is intended by your Official Plan. (iii) At the meeting of July 28 we offered to increase the set -back of the proposed buildings to be located on Blocks 210 and 211 from 25 feet to 50 feet. The Blocks are long enough that such a change can be accommodated albeit at some cost to the future residents of the single family residences along the east side of Street D. The effect of moving these Blocks a further 25 feet away is very substantial because now there is created between the houses on the east side of Kalar Road and the front of these apartment buildings a separation greater than 165 feet which is, in every respect, very substantial. Nowhere in the internal fabric of the plan of subdivision could we achieve a site separation between single family and the apartment buildings greater than 60 to 80 feet, a very substantial difference to what can be achieved for the residents on the east side of Kalar Road. (iv) Leaving aside the specific requirements of your Official Plan, and simply using good generally accepted planning principles those principles would dictate that apartment buildings of higher density should be located in close proximity to public transit and commercial uses. In particular, Block 211 is intended to be developed as a seniors' residential development. It is a planning objective in these cases where a lower incident of car ownership is likely that the residents be able to easily walk to public transit facilities. In addition, because of the intention of locating a food supermarket on the corner of Kalar Road and Lundy's Lane, the senior residents would quite literally be a few hundred feet away from access to the parking lot of the proposed food supermarket. Again, good planning principles would indicate that this is the ideal location for such a development. In addition, at page 4 of the Paradigm report the author states, in similar language, exactly the same arguments as well as the additional safety of having a single driveway having a connection to and from the arterial road, Kalar Road. (see Paradigm report at the bottom of page 4 and the top of page 5). As stated previously above, during our lengthy meeting with your Planning and Engineering staff, we looked at a variety of options to relocate these Blocks within the plan of subdivision. Leaving aside the very specific requirements of your Official Plan which truly mandate the current proposed location, it was universally agreed by all the planners present (four of them) that that nowhere on this site could we improve the proposed plan by relocating these apartment units. Everyone agreed that the proposed increased set -back would be as much as could be reasonably done without affecting the development capabilities of these Blocks and/or offending the density requirements under the Places to Grow Plan. Accordingly and as per our letter of August 3 2010 to Mr. Andrew Bryce of your Planning Department, the applicant has agreed to an amendment to the proposed zoning bylaw so as to increase the set -backs of the buildings proposed on Blocks 210 and 211 from the current minimum required under the Bylaw of 25 feet to 50 feet. We trust that the above clearly illustrates that we have attempted to address the concerns of the residents on the east side of Kalar Road. Given the constraints which have been outlined above and the mandate of your Official Plan, there is virtually nothing more that we can do. We have requested of your Planning Department that they bring this matter forth again for your regularly scheduled Council meeting of August 30` next so that it can be dealt with., Yours very truly Sullivan Mahoney LLP Per: Victor F. Muratori VFM:L encl. C.C. C.C. C. C. C. C. C.C. ORIGINAL SIGNED BY V.F. MURATORI River Realty Development (1976) Inc. Mr. Alex Herlovitch Planning Director, City of Niagara Falls Mr. Jeff Holman, City of Niagara Falls Mr. Rick Brady Paradigm Transportation Solutions Limited Attention: Mr. Bill O'Brien -6- URBAN & ENVIRONMENTAL MANAGEMENT INC. t r :r : rte -,r r P 1 i`.» t 1 /!r '1't �. E Manawarre'r. Re: Deerfield Estates Phase 9 4701 St. Clair Avenue Suite 301 Niagara Fails, ON Canada. L2E 359 905.371.9764 fax 905.371.9763 toil free 1.866.840.9764 uemconsulting.com 'sz Mr. Victor Muratori, Q.C. Sullivan Mahoney 40 Queen Street P.O. Box 1360 St. Catharines, ON 1„,21t 6Z2 Dear Mr. Muratori, August 4''', 201(] Project No.: 10 -714 This letter is ran independent planning review of the proposed locations for low-rise apartments in the proposed Deerfield Estate Phase 9 draft plan of subdivision. 1 attended the public meeting held for this project on July 19`'', 2 010 and listened to the request by neighbours to relocate the apartment use. In addition, 1 attended a meeting with Niagara Falls planning and engineering staff to consider alternative designs for the subdivision. I outline the following points and provide my planning opinion. It is very clear that there is a need for higher residential density in this proposed plan of subdivision. Provincial policy and Regional policy both require that Greenfield developments, such as thc one proposed, should meet a residential density of 53 people per hectare. 'Co do so a range of housing is required, in this case it includes low -rise apartment buildings. Otte proposed building is 3- storeys in height; the other is 6- storeys in height and will be available for seniors housing. Unfortunately, thc majority of the Garner Neighbourhood Secondary Plan area has developed as predominantly low density residential. The area that is left for development is the subject of this application. However, with frontage on I lalar Road and proximity to Lundy's Lane, this subdivision is an excellent location for higher density developments. 'l'he City of Niagara Falls Official Plan is very clear with its locational criteria for low -rise apartment buildings. 1.7,3 Apartments of .3 to 4 storeys in height can he developed up to a maxmmn, density of 75 units per hectare..Ssrch developments shall be located al the periphery of residential neighbourhoods with convenient access to the arterial toad system and public transit to minimitie traffic movement on local ,street and generally he in close proximity to schools, pater and open space, and neighbourhood commercial areas. 1.7.4 /Apartments of 4 to G storeys in height can be developed zip to a maximum density of 100 units per hectare. Such developments shall be located at the periphery of'nrsidential neighbourhoods with convenient access 10 the artenal toad given/ and pith /air transit tar Oeec/ic /d l slat's Phase 9 Algcd 4" 2010 mini/like tingle movement on local starts and ;morally be in close pibximi /y /0 minor cormctrial disXticis, Ina /or ws /1 /n /tonal uses, parks and open .,pace areas. 1.7.5 I)ctines apartments over six.rlo1ry.r as high rise apai /amok. 1.10 Nem tr.adcaalial development and shall be r /esi;ned and inlcgta /ed In achieve ccompa1ihi/i /y and sensitivity mith the stnmzrndi»,g aara in lcains of c /Cnszty, height ,gradation, building mass and an—angemenl, .setbacks and appearance. Jlppivpdate open space, separation distance and design n meaa'tnrs, including landscaping and Imp' riny„ slur// be provided to maximke privacy and to miniaarl:`e any adverse impacts on nei;hholning 111e. r. Mlle proposed low -rise apartment buildings \vll.l be situated on Kalar Road within a short walk to Lundy's Lane. This location meets the locational criteria in 1.7.3 and 1.7.4 which required that low -rise apartments sha /l be located with convenient access to arterial roads and public transit. Kalar Road and Lundy's Lane are arterial roads which both have public transit. In addition, low -rise apartments are to generally be close to schools, parks and commercial districts; all of which are in close proximity to the proposed low -rise apartments. The new draft amendment to the Niagara Falls Official Plan (AM -2010 -002) which is a municipal originated amendment provides similar locational criteria for low -rise apartments in the built -up area of Niagara Falls in policy 1.13.5. While the site in question is in a Greenfield location, the issue is based on proximity to the built -up area of Niagara Falls. The location of apartments in Greenfield Areas is to be established in secondary plans according to the new Official Plan policies. In this area the Garner Neighbourhood Secondary Plan provides for multiple family housing in locations close to schools, open spaces and community facilities. The site in questions meets this criteria. Policy 1.10 in the existing Official Plan provides for ways to integrate new residential development into existing neighbourhoods. While the proposed development is not infilling in the strict sense of the term it does have the characteristic of placing a different form of housing in an area of existing housing. Policy 1.10 provides that separation distance, arrangement of building mass and setbacks are three appropriate ways of dealing with the location of new residential development. In this case the apartments will be oriented by the proposed lot fabric to minimize building mass towards Kalar Road. The actual separation distance between the proposed apartments and the front of the existing single family homes will be it minimum of 135 feet based on existing bylaw setbacks and the right -of -way for Kalar Road. After: discussions with planning staff it is proposed to double the required front yard setbacks for the apartments which would increase their front yard setback to 50 feet and result in a minimum spatial separation of 160 feet between existing homes and the proposed apartments. Based on the existing and proposed lot fabric this spatial separation would effectively be between the front face of existing buildings and the side face of the proposed Pagc 2 Ueeiliek/ 1. , /alex Pilaw 9 71 Nand -1 20111 buildings which reduces privacy issues often associated with the interface between the rear yards of apartments and rear yards of single family homes. To conclude, the location of the two low -rise apartments based on proposed lot fabric, proximity to commercial areas, schools and parks are well located and meet the policies of the existing Niagara Falls Official Plan, the existing secondary plan and meet the policies in the draft City initiated Official Plan Amendment (AM, 2010-002). As clearly stated in the Niagara Falls planning staff report there are no conflicts with the proposed low -rise apartments from a Provincial or Regional policy perspective. Both of these policy documents would support this development. Any attempt to move the low -rise apartments from the optimal location adjacent to Kalar Road \v ould not conforrn to Niagara Falls Official Plan policies and not be as desirable from a planning perspective. If you have any questions with this letter report, please address them to the author. Yours truly, URBAN St, ENyRONMENTAL MANAGEMENT INC. `Ric lard r'. 'Brady; ,1\4. �:'" i ICIP, RPP Director of Plannir X: \i'1i:1!\1)/ ectr \ \200 \10 21., \1.ellr /o 1"7w /4r. /1;Ml 1011 UE® Pugs' 3 43 fPrst Cambridge ON N19384 Email pgrubb @ptsl tom ,r Phone: 519.895 -3153 SO5 -361 '2229 Fax 14366-722-5117 August 3, 2010 Project 101180 John Mestek, B.A., Property Manager River Realty Development (1976) Inc. P.O. Box 576, Niagara Falls, ON L2E 6V2 Dear Mr. Mestek: Re: Transportation Opinion Regarding Deerfield Estates Phase 9 Development Plan This letter has been prepared on behalf of Paradigm Transportation Solutions Ltd (Paradigm) to provide our assessment of the transportation considerations related to the draft plan of subdivision for the Deerfield Estates Phase 9 development in the City of Niagara Falls. We understand that the proposed draft plan of subdivision is under consideration by the City of Niagara Falls Council and that approval of the plan has recently been deferred; in part due to traffic concerns raised by local residents in the area. The draft plan of subdivision includes four blocks located west of Kalar Road that will be zoned for multiple residential dwelling (apartment) use and concerns have been expressed regarding the location of these blocks adjacent to Kalar Road. In this letter, we provide our opinion regarding the location of these multiple unit blocks development as well as the overall plan for this development. Our opinion is based on our experience in conducting previous traffic studies in this immediate area as well as a review of this particular development plan, a site visit to the area and a discussion with the City of Niagara Falls staff. Overview of Deerfield Estates Phase 9 Plan The Deerfield Estates Phase 9 development is located in the Garner Neighbourhood on the west side of the City of Niagara Falls, as illustrated in Figure 1 (attached). This development will be part of the long established Garner Neighbourhood Secondary Plan which encompasses a large area south of Lundy's Lane, between Kalar Road and Garner Road and extending south of McLeod Road. Paradigm Transportation Solutions Limited August 3, 2010 Mr. John Mestek, River Realty Development Inc. The Deerfield Estates Phase 9 development utilizes a land parcel with a total area of 16.392 hectares (40.5 acres). The draft plan of subdivision provides 207 single family residential lots and four blocks for multiple units (e.g., townhouses or apartments) that will accommodate a total of 145 to 199 residential units. The four multiple unit blocks are located at the easterly side of the subdivision, in close proximity to Kalar Road. One of the blocks (i.e., Block 211) only has public road frontage on Kalar Road and will require a driveway connection to Kalar Road. The other three blocks have frontage on planned new internal streets and may have driveway connections to these internal streets. The plan provides three street connections to the existing residential subdivision to the south (i.e., Kelsey Crescent, Parkside Road and St Michael Avenue) which connect in turn to an existing east — west collector street named Forestview Boulevard. Forestview Boulevard has a signal controlled intersection with Kalar Road directly opposite Rideau Street which is a local residential street in the existing neighbourhood on the east side of Kalar Road. Forestview Boulevard also has a stop controlled intersection with Garner Road on the west side of the neighbourhood. The draft plan of subdivision for Deerfield Estates Phase 9 also provides a new street connection to Kalar Road (i.e., Street A) that is located approximately 320 metres north of the intersection of Forestview Boulevard with Kalar Road. The Street A intersection with Kalar Road is located approximately 350 metres south of the signal controlled intersection of Kalar Road and Lundy's Lane and about 200 metres south of the stop controlled intersection of Catalina Street with Kalar Road. This planned location of Street A ensures that the spacing of intersections along Kalar Road is sufficient to ensure that traffic turning activity at any one intersection will not conflict with traffic turning activity at an adjacent intersection. Existing Transportation Conditions The existing roads in the vicinity of the development are described as follows: Kalar Road is a north — south arterial roadway that accommodates much of the traffic generated by the Garner Neighbourhood. South of the intersection with Forestview BoulevardlRideau Street, Kalar Road has been recently been widened to four basic lanes with auxiliary turning lanes at intersections. It has on -road bike lanes and sidewalks on both sides. This widening extends south to McLeod Road and the intersection of McLeod Road has also been upgraded with widening of the adjacent section of McLeod Road. Between the Forestview Boulevard /Rideau Street intersection and the Lundy's Lane intersection, Kalar Road currently has a two lane rural cross - section with a sidewalk on the east side only. It is also noted that the section of Kalar Road, between Forestview Boulevard and Lundy's Lane is reasonably flat and straight with good sight distance in both directions along the roadway. Forestview Boulevard is a new street within the currently developing residential area south of Deerfield Estates Phase 9 that functions as a collector road connecting between Kalar Road and Garner Road to the west. At the intersection of Forestview Boulevard and Kalar Road, the eastbound approach provides a left turn lane as well as a shared through/right turn lane. Page 2 August 3, 2010 Mr. John Mestek, River Realty Development Inc. 1 Edgewood Estates Traffic Impact Study, Prepared for upper Canada Planning & Engineering Ltd by Paradigm Transportation Solutions Ltd, August 2007. p�a Niagara Transit provides regular weekday bus services in this area with two routes operating along Kalar Road, as follows: • Route 3 operates along Kalar Road providing connections to Niagara Square Shopping Centre and the central business areas of the City. . Route 15 provides service to Garner Neighbourhood on Kalar Road connecting to Niagara Square Shopping Centre and the south industrial area of Niagara Falls. Figure 3 (attached] illustrates these pubic transit services adjacent to Deerfield Estates Phase 9. Transportation Plans The City of Niagara Falls currently plans to conduct a Class Environmental Assessment (EA) study for Kalar Road and to carry out improvements in the 2014 to 2019 time period. The City has completed a Class EA study for Kalar Road north of Lundy's Lane. Based on these plans it is expected that Kalar Road will be widened to four lanes from Forestview Boulevard to north of Lundy's Lane. This will include auxiliary turn lanes and enhanced traffic control measures where warranted. It is also expected that these improvements will include bike lanes and sidewalks on each side of Kalar Road. These improvements are currently planned to be implemented in 4 to 9 years. In 2007, a traffic study' was carried out for this area in conjunction with the Edgewood Estates development located west of the subject development. The Edgewood Estates development consisted of about 349 residential units (mix of detached and townhouse units) located on Forestview Boulevard, immediately east of Garner Road. The study considered two time horizons, namely 7 years (i.e., year 2014) and 15 years (i.e., year 2022). For the 7 year horizon, it was assumed that the Edgewood Estates subdivision would be fully built and occupied. For the 15 year horizon, it was assumed that there would be additional development of 850 more residential units (560 single detached, 290 townhouse units] within the study area. The study estimated the future peak hour traffic volumes that would occur in the two horizon years, based on the estimated additional development and also including a general background traffic growth rate of 2% annually. The study assumed that the widening of Kalar Road would not be completed for the 7 year horizon but would be completed by the 15 year horizon. The study recommendations regarding roadway improvements are quoted as follows: • `Two way stop sign control on Garner Road at Lundy's Lane will provide adequate traffic control for the 7 year horizon when the Edgewood Estates development is expected to be completed. • For the 95 year horizon, when the other developments in the Garner Neighbourhood are expected to be completed, traffic control signals should be installed at the intersection of Garner Road and Lundy's Lane. In conjunction with the installation of the traffic control signals, the northbound approach should be widened to provide a separate left turn lane and a shared Page 3 August 3, 2010 Mr. John Mestek, River Realty Development Inc. through/right turn lane. • Provision should be made for a southbound left -turn lane with 15 metres of storage on Garner Road at the intersection with Forestview Boulevard to accommodate the long term 95 year traffic volumes. • Two way stop sign control should be provided on Forestview Boulevard at Garner Road. • Two way stop sign control at Forestview Boulevard and Kalar Road will provide adequate traffic control for the short term 7 year horizon and traffic control signals will provide adequate control in the longer term 15 year horizon," Since the August 2007 study was carried out, the City of Niagara Falls has decided to install traffic control signals at the intersection of Kalar Road and Forestview Boulevard. This is in part due to the opening of a new school on the northwest corner of this intersection and the need for additional protection for crossing pedestrians. At this time, the estimates of the additional development and increased traffic in the August 2007 study still appear reasonable and consistent with the experience today, including the plans for development of Deerfield Estates Phase 9. The primary road improvement will be the widening of Kalar Road and this will be needed within the time frame currently planned by the City (i.e., years 2014 to 2019). The August 2007 study clearly demonstrated that the widening of Kalar Road to four lanes to north of Lundy's Lane will provide enough capacity to accommodate the peak traffic related to the expected growth in the Garner Neighbourhood, including the Deerfield Estates Phase 9 development. Review of Transportation Issues We understand that the primary transportation issues are as follows: • The location of the multiple unit residential blocks in close proximity to Kalar Road. • The planned street connection of Street A to Kalar Road. • The amount of traffic on Kalar Road. Our comments on each of these issues are provided below. Location of Multiple Unit Residential Blocks These blocks are expected to be developed as townhouse or apartment units. Typically, this type of housing is occupied by younger residents with lower car ownership, lower income residents with lower car ownership and seniors who often prefer to drive less. The location of these units adjacent to the bus routes on Kalar Road will offer the residents a greater level of mobility on the public transit service. Also, this location will be closer to the existing and future commercial development along Lundy's Lane and with the expected sidewalks along Kalar Road, residents will be within reasonable walking distance of these areas. Shifting these multiple unit blocks into the middle of the subdivision would reduce the accessibility of the public transit services and increase walking distances to the local area destinations such as Lundy's Lane. Page 4 August 3, 2010 Mr. John Mestek, River Realty Development Inc. et, It is noted that only one of the multiple unit blocks has the public street frontage limited to Kalar Road. That block will require a driveway connection to Kalar Road for access and egress. The other three blocks have the option of driveway connections being provided to new internal streets. It was noted previously that Kalar Road is flat and straight with excellent sight distance in both direction. An additional driveway connection or connections to Kalar Road are not expected to create any significant traffic problems. Planned Street A Connection to Kalar Road It was noted previously that this street connection will be located over 300 metres from the existing signalized Kalar Road intersections at Forestview Boulevard /Rideau Street and at Lundy's Lane. This is sufficient spacing between intersection to enable the new Street A intersection to operate satisfactorily as a stop controlled or a signal controlled intersection. It is anticipated that this intersection will be stop controlled but the most appropriate form of control will be assessed in the planning of the improvements to Kalar Road. As noted above, there are no significant obstructions to the sight distance for turning traffic. Based on these considerations, we expect that this intersection will operate in an acceptable manner. Amount of Traffic on Kalar Road As development of the Garner Neighbourhood continues, traffic growth along Kalar Road is expected. At the present time, the two lane section of Kalar Road between Forestview Boulevard and Lundy's Lane appears to be accommodating the existing traffic at acceptable levels of service. However, the traffic studies in this area have demonstrated that Kalar Road will need to be widened and the intersection of Kalar Road and Lundy's Lane will need to be upgraded in the longer term. The specific timing of these improvements is related to the rate of development in the area. The recent experience would indicate that the City plans for the improvements within the 2014 to 2019 are reasonable and will meet future traffic needs. However, if the rate of development in this area continues or increases, the improvements may be required within the early part of this time window (i.e., closer to year 20141. Conclusions Niagara Falls City Council is currently considering a draft plan of subdivision for Deerfield Estates Phase 9. This development is part of the planned Garner Neighbourhood and will consist of about 352 to 406 mixed residential units. A recent traffic study for this general area investigated the future traffic volumes and identified the nature of the improvements required to accommodate that traffic in a safe and efficient manner. The development plan for Deerfield Estates Phase 9 is fully consistent with the existing and planned transportation facilities and services in this area. We understand that it has been suggested that the multiple unit residential blocks should be shifted to the middle of the development, away from Kalar Road, From a transportation perspective, we recommend that these blocks be located on Kalar Road as they are shown on the current plan. We have reviewed the planned Street A connection to Kalar Road. It is our opinion that this new street connection is well located and we do not anticipate any significant problems with the current plan. Page 5 August 3, 2010 Mr. John Mestek, River Realty Development Inc. With a new development there are often concerns about the additional traffic that will result from the development. This development will result in additional traffic and much of that traffic will use Kalar Road. The City of Niagara Falls currently plans to improve Kalar Road as far north as the Lundy' Lane intersection in the 2014 to 2019 time period. As reported in the August 2007 study for this area, widening Kalar Road to four lanes within this time period will enable the expected traffic growth to be accommodated. We trust this letter provides the information requested and please contact the undersigned if you have any questions on this matter. Yours very truly, PARADIGM TRANSPORTATION SOLUTIONS LIMITED W. B. O'Brien, P. Eng. Senior Transportation Consultant Copy to: Phil Grubb, Paradigm Transportation Solutions Ltd Page 6 MO Ill a 3 0 ii. • STREET STREET 'C' STREET 'D' - I I -i I J Kalar Road STREET Fondation canadienne des maladies infiammatoires de I'intestin Crohn's and Colitis /// Foundation of Canada June 25, 2010 Mayor Ted Salci 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci: On Thursday, September 16, 2010, M &M Meat Shops, Canada's largest retail chain of specialty frozen foods, is encouraging families coast -to -coast to enjoy a meal together in celebration of the sixth annual National Family Dinner Night. Family experts and researchers confirm that one of the most valuable gifts parents can give their children is time spent together as a family. Taking this advice, M &M Meat Shops successfully launched National Family Dinner Night four years ago and have encouraged thousands of families to sit down and have dinner together. Through these efforts, M &M Meat Shops strengthened communities and raised more than $100,000 for the Crohn's and Colitis Foundation of Canada (CCFC). This year M &M Meat Shops is hoping to bring even more families across the ountry together at mealtime. 3st year's program received the support of community leaders from coast -to -coast including the Prime Minister, the Governor General, Premiers and many Mayors of Canada's largest and smallest cities. We would be most honoured if you, as a leader in the community, would provide a letter of support for this community-based initiative and, if possible ;t _e. .Ily proclaim,Septgmbet- :A„gA1Q�as National Family Dinner Nigtjt. We would truly love to hear your own memo i = .. • . • a'l iil�Ldiuners growin up and what getting together a family meal means to you. Meat Shops will be asking families to register their participation in National Family Dinne • on the website: www .nationalfamilydinnernioht.com as of August 1 2010. For every person who registers, M ► eat o will donate $1 to the CCFC. Of course, we also hope that you will enjoy a family dinner on September 16, 2010, and register your participation in National Family Dinner Night at www .nationalfamilvdinnernight.com. We thank you in advance for your consideration. We will follow up with your office in the next few weeks. In the meantime, if you have any questions, please do not hesitate to call me at (519) 895 -1075 x448. Yours truly, Andrea Armstrong Public Relations Specialist M &M Meat Shops 640 Trillium Dr. PO Box 2488 Kitchener, ON N2H 6M3 519 - 895 -2580 ext. 448 andreaar @mmms.ca NATIONAL FAMILY DINNER NIGHT September 16, 2010 WHEREAS, M &M Meat Shops National Family Dinner Night is an occasion to commemorate the values of family togetherness and the importance of spending time with family and friends; and WHEREAS, On this day, families from coast - to -coast are invited to enjoy good food and good times together on this evening; and WHEREAS, In looking towards the future, families can choose to take time out of their busy schedules and eat meals together more often, opening the lines of communication between family members; and WHEREAS, Canada may be a leader in urging other countries to think about the importance of treasured family time around the dinner table. THEREFORE, I, XX, Mayor of the City of XX, do hereby proclaim that, September 16, 2010, be observed as National Family Dinner Night in the City of XX. XX Mayor / Maire Mayor Ted Salci and members of Aug 16, 2010 City Council. This is a request for City Council to relook at Trams or Streetcars for the People Mover use before we spend any of the Government fifty million in a hasty decision. "A mistake is made forever. To ammend a decision now is more prudent" A consensus of opinion seems to exist that Trams would be the ultimate conveyance and that buses are a stop -gap system and not what we were promised. We could still easily make the right purchase by constructing tracks now to the new Conventioi Center, the Casinos, and the Niagara Parks with the monies available. A strong argument exists for Surface Rail in The City of Niagara Falls and The Niagara Parks because there is a designated Right -of -Way purchased with tax - payers' money to use as the "People Mover Corridor ". Also there is an existing boulevard in the center of Niagara Parks road and an existing rail -bed alignment on Niagara Parks property both north and south of the main park area. Both of these Rights -of -Way were used for tracked "Streetcars" previously. Streetcars on tracks do not compete with cars for road space, having their own designated Right -of -Way. Surface passenger tram technology is now common and abundant. Choice of equipment is unlimited. Streetcars, can be built historically correct (Vintage looking) thereby making them a more desirable vehicle to ride. Streetcars can be run in multiple units, on- rails, without special operator training. Method of propulsion is "All Electric" and not reliant on oil price changes. With Electric drive, there is no pollution, no smoke and no noise! Buses can't compete with these claims. The Parks Commission is in a position to supply its own power for these Streetcars. Operation of Electric Streetcars is made safer by automatic safety -stop controls. Expansion of systems can be done in stages, as required. Electric Streetcars are being reintroduced and also added on to in many other cities as a practical alternative to diesel powered buses....eg. Dallas, Philadelphia, Toronto, Calgary, Baltimore, Salt Lake City, Ottawa, etc. We have the money, the skills and the technology and the previously purchased Rights -of -Way as well as street allowances to implement a system we can be proud of. We should be looking at the future and not implementing a bus system we would have to remove when "Phase Two" (the Tram/Streetcar System) is built. This installation would make a spectacular tourist attraction for the City of Niagara Falls and the Niagara Parks Commission. If it is done correctly we would be recognized as a world leader in tourist transit design and implementation. Derek R. Costello. C.E.T. APTA. Member American Public Transportation Association. and ARM. Association of Railway Museums 4 a, 0 cal a, o ca y x c Z' .c O = O a� . y lit Cl/ co) 0 o 0 2 3 1 .. , . � + el . o b R off' 3 } V H w w; w = 0 a =1"'i c.) C m v was somm llama insw-F, Mr. Derek Costello, C.E.T. 7160 Mount Forest Lane Niagara Falls ON L2J 3Z3 Dear Mr. Cost�llo: Re: People Mover System Ni agiir aJ1alJs CANADA August 24, 2010 Thank you for your correspondence dated August 16` regarding the matter above. Your keen interest in this issue is obvious and appreciated. Mr. John Holer, owner of Marineland, sent the Council a similar letter calling on them to reconsider trams or streetcars for the People Mover System. As per Council's direction, the following was conveyed to Mr. Holer: The Council appreciates your comments, however, the People Mover has always been premised on the fact that it would not be subsidized by the taxpayer. As a result the system has to be tourist industry supported and funded. The industry has committed to a rubber tire system at this time due to costs and other factors. It should be noted that the original vision for the People Mover did contemplate a rubber tire component to Lundy's Lane and Downtown. By proceeding now the partners are able to access the $50 million of Federal and Provincial monies. Waiting to fund and develop a monorail or trolley system may take time and mean that the funding from the senior levels ofgovernment is no longer available Council is hopeful that once the system is operating, it will be successful and Phase II with a monorail or streetcar component will be a possibility. Your letter will be included for the Council's information on their next agenda. If you would like copies of any of the prior Council reports on the issue, please let me know. 10 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 _.905- 356 -7521 c. His Worship Mayor Te S'ncerely, p can Iorfida City Clerk Members of Council Working Together to Serve Our Community Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida @niagarafalls.ca Niagaraaalls August 30, 2010 (A M1 A U A 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 -49 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE F- 2010 -49 This report is prepared monthly to provide Council with an update on the City's property tax receivables. During July the outstanding taxes increased slightly compared to 2009. During July, tax receivables as a percentage of taxes billed have increased from 35.7% in 2009 to 35.9% in 2010. Outstanding taxes as of July 31, 2010 were $22.0 million. The City's finance staff has had continued success in resolving 82% of properties that are subject to registration for 2010. There are currently twenty -four properties scheduled for tax sale in the next two years. 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. Tax collection for 2010 Zags 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 July 31, 2010 are $22.0 million. This represents a slight increase from $21.6 million in arrears for the same period in 2009. 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 decreased slightly from a year ago. August 30, 2010 - 2 - F- 201049 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 seven months of activity. This table shows 82.5% of the tax accounts or 334 properties have been paid in full or the owners have made suitable payment arrangements. During July, nine accounts were paid in full. In addition, the number of accounts with suitable arrangements including full payments increased from 80.3% (June) to 82.5% (July). 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 July, three registered properties were redeemed and five properties were registered. The outstanding taxes for registered properties represent 3.4% 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 July 31, 2010 is 35.9% which is a slight increase from 2009's value of 35.7 %. 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: Respectfully submitted: A. Felicetti Taxes Receivable at July 31, 2010 Taxes Receivable by Property Class at July 31, 2010 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harri • on, Dire for of Finance Ken T dd, Chief Administrative Officer TABLE 1 Outstanding Taxes • June 30, 2010 Penalt charged in July Taxes Collected during July Outstanding Taxes @ July 31, 2010 $ 25,514,163 $ 243,507 $ 3,702,208 $ 22,055,462 $ 25,186,280 $ 235,424 $ 3,788,210 $ 21,633,494 Taxes Billed and Due September 30, 2010 Total Taxes to be Collected $ 20,445,597 $ 42,501,059 $ 19,893,559 $ 41,527,053 TABLE 2 F- 2010 -49 Residential Multi- Residential Commercial Industrial Farmlands Total Receivables 2010 Taxes Owing $ 29,465,862 $ 283,332 $ 11,876,387 $ 820,164 $ 55,315 $ 42,501,059 % of Class 69.33% 0.67% 27.94% 1.93% 0.13% 100.00% $2,009 Taxes Owing $ 29,006,556 $ 133,936 $ 11,648,143 $ 684,737 $ 53,681 $ 41,527,053 % of Class 69.85% 0.32% 28.05% 1.65% 0.13% 100.00% 6 Jt '3r r 1 . 0 3` "�.. 3r 5 �� � 3 Y -"' Yt{ F n "'Ta �9'.z Da 3 i ,t,• ,tN ` � , t., Fits_ �'� � �p��'� L�. :�vf .YS.' t�l .� ? � �� 'd�if.�_ � .`�� �"� � •�"� a � -� fir � 5. . .k ,., f t: . .� a jg Y :� c�. ,.� �'�'�B`°Lva.t � gi n.. o of �,5;- .e[•' "'E ^,^\ -"J. ? �r l , � y � P ro ern es i ,'"` � ,g.yt N .dry f " ` i _ t 'i�„- ;.Y�r;:A&'� %?•`:' -' Syx� q�ya�31,,� 'f da.: s.� t���'?�`"� �,!Y,����Z- ,fix -..p � f � �"'�'�� � ����"� ^ '� y . ".,::.,r 1��f '.. ";f° = ''i�A',���:�- -,.. r=` "k A� ��74�as���3'. s z { �. " S' '� "r L`d 3s {3 us an in F ` '�S �'` ,�. �A'Y 'k� �� s.�.'r." ' .' F ,!� pu t n 1, 1 - Y „x" �a ��y(. ? � g e< c '3��� �"a 4 fi •�`b / ,� ; 445 , � �• � �� - "� t S .,. •d`e'� _,.'�3`yF,k. a. ���'�.. e--h November 2010 2 $ 243,960 May 2011 15 $ 518,743 November 2011 7 $ 673,939 Totals 24 $ 1,436,643 (ABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered 405 74 251 78 2 405 405 83 251 66 5 405 20.5% 62.0% 16.3% 1.2% 100.0% Niagaraf1alls August 30, 2010 CANADA 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 -50 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $16,708,455.90 for the period July 1, 2010 to August 5, 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: Respectfully submitted: Todd Ha rison, 1 rector of Finance Ken Todd, Chief Administrative Officer F- 2010 -50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date 1137706 ONTARIO LIMITED 1473900 ONTARIO INC 1519481 ONTARIO INC 1560242 ONTARIO INC 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1584433 ONTARIO INC. 1694501 ONTARIO INC 180 MARKETING 2095527 ONTARIO LTD 2095527 ONTARIO LTD 3414574 CANADA INC. EMBASSY SUITES 637496 ONTARIO INC 6378552 CANADA INC. CIO ARC FORCE ENTERPRISES 656508 ONTARIO LIMITED 786 ALI LIMITED 820872 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 984265 ONTARIO LTD aka CIRCLE P PAVING AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ADVANCE TOWING ADVANCE TOWING ADVANTAGE ADVANTAGE ADVANTAGE RESTAURANT SUPPLY & SERVICE AECOM CANADA LTD AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIKMAN,DOUG., REVEREND AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALEXANDER,RICHARD ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALL GREEN IRRIGATION ALL NIAGARA INSURANCE ALLEN TREE SERVICE AMADIO,CECIL& AMADIO, IRMA AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMISS,DERRICK ANDERS,CHRIS ANTONSEN,DAVID APPLIED GEOLOGICS INC AQUAM INC AQUICON CONSTRUCTION CO 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 ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AVIS CAR INC B & B LIFT TRUCK SERVICE B & C TRUCK CENTRE 338508 07 -Jul -2010 338509 07 -Jul -2010 338510 07 -JuI -2010 338511 07 -JuI -2010 339018 28 -Jul -2010 339182 05- Aug -2010 339019 28 -JuI -2010 338512 07-Jul-2010 339020 28-Jul-2010 338513 07 -JuI -2010 338841 21 -JuI -2010 338514 07 -JuI -2010 338515 07 -JuI -2010 338709 14 -JuI -2010 338516 07 -JuI -2010 338517 07 -JuI -2010 338518 07 -JuI -2010 338519 07 -JuI -2010 338701 14 -JuI -2010 339183 05- Aug -2010 338732 14 -JuI -2010 339021 28 -JuI -2010 338702 14 -JuI -2010 338842 21-Jul-2010 339022 28-Jul-2010 339184 05- Aug -2010 338520 07 -JuI -2010 339023 28 -JuI -2010 338843 21 -JuI -2010 339185 05- Aug -2010 338521 07-Jul-2010 339186 05- Aug -2010 338844 21 -JuI -2010 338845 21 -Jul -2010 339024 28 -JuI -2010 338703 14 -JuI -2010 338846 21-Jul-2010 339187 05- Aug -2010 338522 07 -JuI -2010 338523 07 -JuI -2010 338704 14 -JuI -2010 338847 21 -Jul -2010 339025 28-Jul-2010 339188 05- Aug -2010 339026 28 -JuI -2010 339027 28 -Jul -2010 338848 21 -JuI -2010 339189 05- Aug -2010 338524 07 -JuI -2010 338706 14 -JuI -2010 338849 21 -JuI -2010 338705 14 -JuI -2010 338525 07 -JuI -2010 338526 07 -JuI -2010 338850 21 -JuI -2010 339190 05- Aug -2010 338707 14 -JuI -2010 338708 14-Jul-2010 339191 05- Aug -2010 338851 21-Jul-2010 338527 07 -JuI -2010 339028 28 -JuI -2010 338853 21 -JuI -2010 338528 07 -JuI -2010 338852 21 -JuI -2010 339192 05- Aug -2010 338529 07-Jul-2010 338710 14-Jul-2010 338854 21 -Jul -2010 339029 28-Jul-2010 339193 05- Aug -2010 338855 21 -JuI -2010 338712 14-Jul-2010 Purpose REFUND FALSE FIRE ALARMS MATERIALS REFUND FALSE FIRE ALARMS REFUND FALSE FIRE ALARMS MATERIALS MATERIALS REFUND REFUND FALSE FIRE ALARMS MATERIALS CONTRACT SERVICES LEASES AND RENTS REFUND FALSE FIRE ALARMS REFUND FALSE FIRE ALARMS MAINTENANCE/REPAIRS REFUND FALSE FIRE ALARMS REFUND FALSE FIRE ALARMS REFUND FALSE FIRE ALARM MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MAINTENANCEJREPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS MATERIALS EQUIPMENT PC 1 T03 2010 CONSULTING SERVICES CONSULTING SERVICES BROKERAGE SERVICES SERVICES SERVICES DONATION HONORARIUM MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS TRAVEUMILEAGE REFUND MATERIALS CONTRACT SERVICES MATERIALS SPORTS AWARDS MAINTENANCEJREPAIRS SERVICES POLICY #91503471 SERVICES REFUND PAYROLL REMITTANCE UNION DUE PAYROLL REMITTANCE UNION DUE. PAYROLL REMITTANCE TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE CONSULTING SERVICES MATERIALS CONTRACT SERVICES MAINTENANCE/REPAIRS MATERIALS MATERIALS MAINTENANCE/REPAIRS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS LEASES AND RENTS MATERIALS Page 1of11 Amount 300.00 13,322.98 700.00 300.00 1,896.27 3,077.11 1,050.00 175.00 343.52 1,050.00 1,130.00 700.00 2,300.00 420.00 300.00 700.00 300.00 81.53 304.50 78.75 13,513.63 414.71 118.92 876.70 114.68 926.60 387.80 310.24 225.75 435.05 870.35 490.06 201,911.63 48,341.96 61,310.92 303.54 330.07 86.01 550.00 2,074.12 553.35 3,543.46 2,529.20 1,100.43 140.50 150.00 2,625.00 1,073.62 2,241.92 1,965.60 13,226.76 12,560.63 750.00 1,993.25 2,051.75 1,976.50 113.90 203.50 267.50 36,410.95 160.08 807,355.44 3,222.34 1,289.92 4,205.86 319.21 571.87 33.90 456.96 1,576.58 20.00 273.46 1,017.35 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name B & C TRUCK CENTRE B & S POOL SERVICES B & S POOL SERVICES BAILEY,ERIC BAIOCCO CONSTRUCTION CORPORATION BANK OF MONTREAL BARNETT,LORNE HAROLD BARRY BRYAN ASSOCIATES (1991) LTD BEAUMONT,SUSAN LOUISE BELL,TIM BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BENDO,WAYNE BENEFIT CAMPAIGN BERNARDI HUMAN RESOURCE LAW BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BINATIONAL TOURISM ALLIANCE BLACK DIAMOND LP BOB ROBINSON & SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOYD,CONNAR BOYS & GIRLS CLUB OF NIAGARA BRABER EQUIPMENT LTD BRAMIC CREATIVE BUSINESS PRODUCTS LTD BRENNAN PAVING LTD. BRENNAN PAVING LTD. BRINKS CANADA LTD BRINKS CANADA LTD BRODERICK & PARTNERS IN TRUST BUNTIN REID BUNTIN REID BUNTIN REID BURKE GROUP THE BYERS,BARB C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C-MAX FIRE SOLUTIONS CALE SYSTEMS INC CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE - THE CANADA BREAD- ONTARIO #T6249 CANADA LAW BOOK CANADIAN BEARINGS LTD CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE CTAS #90 BRIAN H DRAVES LTD CANAVAN,WENDY CANNON HYGIENE CANADA LTD CANQUEST COMMUNICATIONS (WIRELESS) INC. CANQUEST COMMUNICATIONS (WIRELESS) INC. CANQUEST COMMUNICATIONS (WIRELESS) INC. CANTEC SECURITY SERVICES INC CANTEX DISTRIBUTION INC CAPPA,JAMES CARRICK,MARZENNA CASTANEDA,LUIS& TATE, BARBARA CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC Cheque No. Cheque Date 338859 21 -Jul -2010 338856 21 -JuI -2010 339194 05- Aug -2010 338711 14 -JuI -2010 338857 21 -JuI -2010 339030 28 -JuI -2010 339031 28 -JuI -2010 338858 21 -JuI -2010 339032 28-Jul-2010 339035 28 -JuI -2010 338713 14 -JuI -2010 338861 21-Jul-2010 338862 21-Jul-2010 339195 05- Aug -2010 339196 05- Aug -2010 339198 05- Aug -2010 338714 14-Jul-2010 339200 05- Aug -2010 339199 05- Aug -2010 339201 05- Aug -2010 339036 28 -JuI -2010 338532 07 -JuI -2010 338715 14 -JuI -2010 338863 21 -JuI -2010 338533 07 -JuI -2010 339202 05- Aug -2010 339203 05- Aug -2010 339181 03- Aug -2010 338864 21 -JuI -2010 338534 07-Jul-2010 339168 30-Jul-2010 339204 05- Aug -2010 339037 28 -Jul -2010 338535 07-Jul-2010 339038 28-Jul-2010 338716 14-Jul-2010 339039 28-Jul-2010 338866 21 -JuI -2010 338536 07-Jul-2010 338867 21-Jul-2010 339205 05- Aug -2010 339041 28 -JuI -2010 339042 28-Jul-2010 338556 07-Jul-2010 338893 21-Jul-2010 338880 21 -JuI -2010 338718 14-Jul-2010 339206 05- Aug -2010 338868 21 -JuI -2010 339207 05- Aug -2010 338870 21 -JuI -2010 339208 05- Aug -2010 338871 21 -JuI -2010 339043 28 -JuI -2010 339209 05- Aug -2010 338872 21-Jul-2010 338873 21 -JuI -2010 339045 28 -JuI -2010 338720 14 -JuI -2010 339211 05- Aug -2010 338721 14 -JuI -2010 338719 14 -JuI -2010 339044 28 -JuI -2010 338538 07 -JuI -2010 338874 21 -JuI -2010 339046 28 -JuI -2010 338875 21 -JuI -2010 338869 21 -JuI -2010 338539 07 -JuI -2010 338722 14 -JuI -2010 338540 07 -JuI -2010 338876 21 -JuI -2010 339048 28 -JuI -2010 339213 05- Aug -2010 Purpose MATERIALS MATERIALS MAINTENANCE/REPAIRS TRAVEUMILEAGE CONTRACT SERVICES PC4 KALAR F REFUND D CASE ELLIS ST REFUND TAX 6441 MCLEOD CONTRACT SERVICES REFUND TAX OVERPYMT LICENSES #310 S/T 141075 SERVICES LIBRARY UTILITIES TRANSIT SERVICES SERVICES CONSOLIDATED SERVICES LIBRARY SERVICES JESSOP SERVICES CORONATION REFUND SAFETY BOOTS ADVERTISING CONSULTING SERVICES SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS GRANT MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES LEASES AND RENTS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS SERVICES SERVICES LEASES AND RENTS LEASES AND RENTS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS TRAVEUMILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS REFUND DAMAGE DEPOSIT BP -201( TRAVEUMILEAGE REFUND DAMAGE DEPOSIT BP 201( MATERIALS MATERIALS MATERIALS Page 2 of 11 Amount 1,165.03 6,272.22 4,953.47 248.00 176,279.19 310.05 119.58 16,325.35 1,170.58 120.00 182.81 22.03 45,414.74 8,743.34 812.25 171.18 56.50 150.00 141.25 1,837.50 310.00 162.72 73.46 466.82 20.00 220.35 1,616.40 3,598,925.67 7,913.80 400.00 16,066.67 326.42 1,146.95 27,148.58 40,392.02 171.48 1,538.76 2,377.99 1,386.83 804.31 83.73 621.50 100.00 10,457.69 21,527.31 360.70 1,915.35 915.30 203.40 54.00 409.67 745.26 5,029.92 3,467.20 33.90 1,039.90 194.25 192.10 1,608.61 1,265.43 1,024.22 224.50 284.76 1,577.25 932.70 6,311.05 6,178.70 100.29 750.00 142.00 750.00 4,684.99 3,803.02 1,488.21 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL 1 ELECTRONIC PAYMENTS CREDIT UNION CENTRAL C CENTRAL COMMUNICATIONS CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CERMINARA,CARLA CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS,MONICA CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARTERHOUSE PROJECTS INC CHEMTRADE LOGISTICS INC CHEVY LANE FABRICATIONS CHEVY LANE FABRICATIONS CHICANDA LTD CHIECA,LUCIANO CHIOVITTI,ANTONIO& CHIOVITTI, ANITA CHRISTENSEN,TRACI CIBC ELECTRONIC BANKING OPERATIONS CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CITY OF NIAGARA FALLS CITY OF ST CATHARINES CLARK,WILLIAM CLAYDON,JEFF CLIFTON HILL BIA COCA -COLA BOTTLING COMPANY HAMILTON SALES COCA -COLA BOTTLING COMPANY HAMILTON SALES CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC COGECO CABLE CANADA GP INC COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COMMERCIAL SOLUTIONS INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSION TECHNOLOGY CORPORATION CONTINENTAL TIRE CANADA INC CONVERGENT LIBRARY TECHNOLOGIES CORPORATE CABLING AND NETWORKS INC CORPORATE CONSTRUCTION INC. COSMO NOVELTIES INC. COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CREATIVE STORE FIXTURES INC. CREATIVE STORE FIXTURES INC. CUPE LOCAL 133 COPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D'ABRAMO,ANTHONY DALE CARNEGIE BUSINESS GROUP CANADA DALIMONTE,JOE DAMARIO,TONY DARCH FIRE DARCH FIRE DAVIDSON,ANGELA Cheque No. Cheque Date 338723 14 -Jul -2010 338724 14 -Jul -2010 338541 07 -Jul -2010 338542 07 -Jul -2010 338725 14-Jul-2010 338877 21-Jul-2010 339049 28 -Jul -2010 338543 07 -Jul -2010 339214 05- Aug -2010 338544 07 -Jul -2010 338726 14 -JuI -2010 338727 14-Jul-2010 338545 07 -JuI -2010 338728 14 -JuI -2010 338878 21 -JuI -2010 339050 28 -JuI -2010 338546 07 -JuI -2010 338729 14 -JuI -2010 338879 21 -JuI -2010 338548 07 -JuI -2010 338730 14 -JuI -2010 339215 05- Aug -2010 339216 05- Aug -2010 338731 14 -JuI -2010 339051 28-Jul-2010 338733 14-Jul-2010 338700 13-Jul-2010 339217 05- Aug -2010 339218 05- Aug -2010 338549 07-Jul-2010 338550 07-Jul-2010 338881 21-Jul-2010 339219 05- Aug -2010 338551 07-Jul-2010 338882 21-Jul-2010 339220 05- Aug -2010 338885 21-Jul-2010 338552 07 -JuI -2010 338734 14 -JuI -2010 338884 21 -JuI -2010 339053 28-Jul-2010 339221 05- Aug -2010 338553 07 -JuI -2010 338735 14-Jul-2010 338736 14-Jul-2010 338886 21-Jul-2010 339222 05- Aug -2010 338887 21-Jul-2010 338554 07 -JuI -2010 339223 05- Aug -2010 338888 21-Jul-2010 338889 21-Jul-2010 339054 28-Jul-2010 339055 28-Jul-2010 338555 07 -JuI -2010 338737 14-Jul-2010 338890 21-Jul-2010 339056 28 -JuI -2010 338738 14 -JuI -2010 338892 21 -JuI -2010 338557 07-Jul-2010 338894 21-Jul-2010 339224 05- Aug -2010 339225 05- Aug -2010 338561 07-Jul-2010 338899 21 -JuI -2010 339231 05- Aug -2010 339226 05- Aug -2010 338739 14-Jul-2010 338896 21 -JuI -2010 339227 05- Aug -2010 338897 21 -JuI -2010 339228 05- Aug -2010 338558 07-Jul-2010 Purpose CONTRACT SERVICES REFUND TAX OVERPYMT CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES REFUND DAMAGE DEPOSIT BP 201( MEMBERSHIP REFUND DRIVERS MEDICAL MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND FALSE FIRE ALARMS MATERIALS MATERIALS REFUND FALSE FIRE ALARMS REFUND SAFETY SHOES REFUND TAX VARIOUS PROPERTIE: CONSULTING SERVICES REFUND OVER PYMT REFUND TAX LEASES AND RENTS PETTY CASH CONCESSION FLOAT SERVICES BUSINESS PLAN COMP CONTRACT SERVICES TRAVEUMILEAGE REMITTANCE 2010 BIA LEVY SUPPLIES MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS SERVICES PLANT RELOCATION OAI SERVICES SERVICES ONT AVE #203 SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE/REPAIRS MATERIALS SUBSCRIPTION CONTRACT SERVICES CONTRACT SERVICES SUPPLIES CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE UNION DUE PAYROLL REMITTANCE REPLENISH ACCOUNT MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS REFUND BA AP09 -3433 DAM DEPOS CONTRACT SERVICES MATERIALS REFUND TRAVEUMILEAGE MAINTENANCE/REPAIRS MATERIALS TRAVEUMILEAGE A DAVIDSON EXP Page 3 of 11 Amount 83,932.99 108.00 395.50 42.85 225.10 73.45 171.40 1,644.30 1,769.58 750.00 139.47 100.00 1,283.09 1,317.10 2,297.58 34,704.18 300.00 6,441.00 8,136.00 700.00 150.00 1,471.00 121.00 162.88 488.39 881.40 600.00 1,762.65 1,622.50 207.00 20,000.00 314.59 323.47 5,598.06 546.92 5,644.35 4,767.00 258.87 227.15 383.16 95.71 391.87 1,708.07 695.47 20,651.10 2,767.45 18,704.21 9,115.23 3,222.38 3,881.89 8,128.05 32,581.17 611.05 7,040.25 651.40 281.50 610.00 704.00 5,745.60 158.20 8,684.69 8,851.32 9,083.03 500.00 1,370.78 2,360.52 254.25 750.00 3,150.00 1,129.93 110.00 4,258.80 259.35 326.88 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DAVIDSON ENVIRONMENTAL DE LAGE LANDEN FINANCIAL SERVICES CAN INC DESIGN ELECTRONICS DICORRADO,MICHAEL& DICORRADO, CATHERINE DISTRICT SCHOOL BOARD OF NIAGARA DOWNTOWN BOARD OF MANAGEMENT DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DUECK,GREG DUFFY HOMES DUNN,JOHN DUNN,JOHN DUNN,JOHN DUNN,JOHN E3 LABORATORIES EASTGATE TRUCK CENTRE EDUCATIONAL NEWS NIAGARA ELECTROMEGA LTD 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 ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE RENT A CAR ENTERPRISE RENT A CAR CANADA LTD EQUIPMENT SPECIALIST INC ETHERINGTON,DAVE ETHERINGTON,DAVE EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVOLUTION TRUCK & TRAILER SERVICE EVOLUTION TRUCK & TRAILER SERVICE FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLSVIEW BIA FALLSVIEW CASINO FALLSVIEW NIAGARA HOLDING FANSOLATO,WAYNE FAST,SYLVIA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY ONE FIRESERVICE MANAGEMENT LTD. FIRESERVICE MANAGEMENT LTD. FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD Cheque No. Cheque Date 338898 21 -JuI -2010 338559 07 -JuI -2010 339229 05- Aug -2010 339230 05- Aug -2010 338560 07 -JuI -2010 338562 07 -JuI -2010 339058 28 -JuI -2010 339232 05- Aug -2010 338563 07-Jul-2010 338564 07-Jul-2010 338740 14-Jul-2010 338900 21 -JuI -2010 339059 28 -JuI -2010 339233 05- Aug -2010 338901 21 -JuI -2010 338902 21 -JuI -2010 338904 21 -JuI -2010 338567 07 -JuI -2010 338741 14 -JuI -2010 338905 21 -JuI -2010 338568 07 -JuI -2010 338742 14 -JuI -2010 338906 21 -JuI -2010 339060 28 -JuI -2010 339234 05- Aug -2010 339061 28 -JuI -2010 338569 07-Jul-2010 338743 14-Jul-2010 338907 21-Jul-2010 339167 29-Jul-2010 339337 05- Aug -2010 338908 21-Jul-2010 339236 05- Aug -2010 339237 05- Aug -2010 339238 05- Aug -2010 339062 28-Jul-2010 338570 07 -Jul -2010 339063 28 -Jul -2010 338744 14 -JuI -2010 338745 14 -JuI -2010 338909 21 -JuI -2010 338571 07-Jul-2010 338910 21-Jul-2010 339064 28 -JuI -2010 339239 05- Aug -2010 338911 21 -JuI -2010 339065 28 -JuI -2010 339066 28 -JuI -2010 338912 21 -JuI -2010 339067 28 -JuI -2010 339240 05- Aug -2010 339241 05- Aug -2010 338573 07 -JuI -2010 338572 07 -JuI -2010 338574 07 -JuI -2010 339068 28 -JuI -2010 338576 07 -JuI -2010 338575 07 -JuI -2010 338746 14 -JuI -2010 339069 28 -JuI -2010 339242 05- Aug -2010 338577 07 -JuI -2010 338747 14 -JuI -2010 339070 28 -JuI -2010 338578 07 -JuI -2010 338913 21 -JuI -2010 339071 28 -JuI -2010 338579 07 -Jul -2010 338580 07-Jul-2010 338748 14-Jul-2010 338581 07 -JuI -2010 338749 14 -JuI -2010 338914 21 -JuI -2010 339072 28 -JuI -2010 Purpose MATERIALS SERVICES CONTRACT SERVICES REFUND DAMAGE DEP BA -AP09 -274 REFUND RE FALSE FIRE ALARMS REMITTANCE 2010 BIA LEVY REMITTANCE 2 & 3 DRAW CIP RESE SERVICES REFUND REIMBURSE SAFETY BOOT REFUND DAM DEPOSIT 3790 WEINB EXP J DUNN FPO 503 -10 -2 JUL 5 - 9 TRAVEUMILEAGE TRAVEUMILEAGE REFUND J DUNN SAFETY BOOTS SERVICES MATERIALS ADVERTISING MATERIALS SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE JUL PREMIUM UTILITIES SYLVIA MARKET JUNE UTILITIES LIABRARY UTILITIES OLD STAMFORD UTILITIES SYLVIA PLACE UTILITIES LIBRARY CONTRACT SERVICES PROG BILL if SERVICES REFUND REFUND MATERIALS TRAVEL /MILEAGE TRAVEUMILEAGE TRAVEL /MILEAGE MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS MAINTENANCE/REPAIRS CONTRACT SERVICES MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MATERIALS REMITTANCE REFUND FALSE FIRE ALARMS REFUND FALSE FIRE ALARMS TRAVEL /MILEAGE REFUND CROSSING GUARD FT WR MATERIALS MATERIALS MATERIALS MATERIALS COURIER SERVICES MAINTENANCE/REPAIRS MATERIALS MATERIALS MATERIALS SERVICES MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS Page 4 of 11 Amount 136.50 2,895.06 4,384.52 750.00 3,300.00 112,500.00 48,000.00 634.71 150.00 750.00 45.00 45.00 90.51 150.00 2,106.45 580.24 114.45 1,977.50 248.60 17,302.74 2,379.50 705.47 3,544.17 5,160.85 7,585.33 36,963.94 203.30 636.07 2,254.60 60.23 4,099.99 6,155.63 4,361.12 70.00 20.00 232.50 111.00 213.50 114.00 603.99 405.22 306.60 1,410.15 1,061.00 1,921.00 307.39 178.36 436.40 1,746.25 1,165.30 2,828.69 841.39 800,000.00 5,500.00 300.00 45.00 20.00 332.29 133.46 1,301.55 630.42 35.61 2,945.77 160.86 2,148.48 259.90 748.06 2,520.00 550.95 445.16 447.38 1,225.81 1,523.41 2,180.51 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED G C DUKE EQUIPMENT LTD G P S PURSUIT INC GABRIELES CUSTOM CATERING GALE,CHAD DOUGLAS GALES GAS BARS GALT MACHINE KNIFE & SAW GARDEN OF EDEN LANDSCAPING INC GAULD NURSERIES LTD GB ENVIRONMENTAL SERVICES NIAGARA LTD GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GEOSHACK CANADA GILLIAM STEVE CREATIVE SIGNS GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOODLIFE FITNESS CLUBS GOODMANS LLP BARRISTERS & SOLICITORS IN TRUST GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GRENVILLE PINTO MUSIC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED NALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALLE,MICHAEL HAMILTON,STEPHEN HANSEN,KIRSTEN HARRIMAN JOHN HAUSER INDUSTRIES INC. HEIMBIGNER,FLORINA THERESA HENDERSON RECREATION EQUIPMENT LIMITED HEYWOOD,THERESE, ACCOUNTING HICKS MORLEY HAMILTON STEWART STORIE LLP HILLSIDE HOLDINGS INC HIPWELL,SARAH HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HMR TRUCKING TILT & LOAD SERVICE HOCO LIMITED HOLMAN,GEOFF HORVAT,MICHELE HRBN ENTERPRISES IBI GROUP IBI GROUP ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS J & B PROCESS SERVING INC J & B PROCESS SERVING INC J.J. MACKAY CANADA LIMITED Cheque No. Cheque Date 339243 05- Aug -2010 339073 28 -Jul -2010 338915 21 -Jul -2010 338918 21 -JuI -2010 339075 28 -JuI -2010 338582 07 -JuI -2010 339074 28-Jul-2010 338916 21 -JuI -2010 339245 05- Aug -2010 338583 07 -JuI -2010 338917 21 -JuI -2010 338584 07-Jul-2010 338750 14-Jul-2010 338919 21 -JuI -2010 339246 05- Aug -2010 338585 07-Jul-2010 338891 21-Jul-2010 338920 21-Jul-2010 338751 14 -JuI -2010 338586 07 -JuI -2010 338507 02-Jul-2010 338587 07-Jul-2010 338752 14-Jul-2010 338921 21 -JuI -2010 339076 28 -JuI -2010 339247 05- Aug -2010 339077 28-Jul-2010 339248 05- Aug -2010 338588 07 -JuI -2010 339078 28-Jul-2010 339249 05- Aug -2010 338754 14-Jul-2010 338922 21-Jul-2010 339079 28-Jul-2010 338589 07-Jul-2010 338923 21 -JuI -2010 339080 28 -JuI -2010 339250 05- Aug -2010 338590 07-Jul-2010 338755 14 -JuI -2010 338924 21-Jul-2010 339251 05- Aug -2010 338591 07-Jul-2010 338925 21 -JuI -2010 339081 28 -JuI -2010 338926 21-Jul-2010 339082 28-Jul-2010 339252 05- Aug -2010 338756 14 -JuI -2010 338592 07 -JuI -2010 338927 21 -Jul -2010 339254 05- Aug -2010 338757 14-Jul-2010 338593 07-Jul-2010 338928 21 -JuI -2010 338594 07 -JuI -2010 338758 14 -JuI -2010 339255 05- Aug -2010 338595 07-Jul-2010 338759 14-Jul-2010 339083 28 -JuI -2010 339084 28 -JuI -2010 338596 07-Jul-2010 338929 21-Jul-2010 338597 07 -JuI -2010 338760 14 -JuI -2010 339256 05- Aug -2010 339257 05- Aug -2010 339085 28-Jul-2010 339258 05- Aug -2010 339086 28 -JuI -2010 338599 07-Jul-2010 339259 05- Aug -2010 338600 07 -JuI -2010 Purpose MATERIALS TRAVEUMILEAGE CONTRACT SERVICES MATERIALS ADVERTISING SERVICES CATERING REFUND DAMAGE DEP BP- 2009 -076 FUEL MATERIALS SERVICES GRASS CUTTING MATERIALS MAINTENANCE/REPAIRS CONSULTING SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS REFUND SIGN PERMIT SNA 2010 -00: CONTRACT SERVICES SERVICES MEMBERSHIP M MAIURI SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE INV 15/10 SERVICES GRASS CUT VARIOUS SERVICES OMFPOA SYMPOSIUM MI SERVICES SERVICES CONTRACT SERVICES MAINTENANCE /REPAIRS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS SERVICES LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS REFUND M HALLE EXERCISE EQUIP PETTY CASH REFUND REFUND DRIVER MED K HANSEN CONTRACT SERVICES MATERIALS REFUND SHRUB REPLACEMENT FV EQUIPMENT DONATION CONSULTING SERVICES SERVICES - FERRY ST FACADE BLD REFUND PRKING PYMT #639237 UTILITIES LEASES AND RENTS JULY HST ADJI MATERIALS REFUND FALSE FIRE ALARMS TRAVEUMILEAGE REIMBURSEMENT TUITION SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS Page 5 of 11 Amount 1,550.08 78.00 35,215.91 101.97 56.50 231.48 750.00 148.70 352.56 4,782.75 226.00 204.75 1,150.62 293.48 1,101.93 1,932.30 710.46 14,876.12 139.89 36.25 17,500.00 66.52 603.03 130.90 1,464.21 793.46 30.40 4,258.65 1,417.50 1,767.55 1,335.65 32,043.09 1,345.50 12,710.15 4,216.50 1,464.29 3,492.60 422.58 621.50 1,525.50 1,864.50 84.75 1,149.78 2,556.63 67.79 932.47 30.00 2,695.00 48,727.66 33.89 21,351.36 250.00 170.10 10,000.00 5.00 3,254.87 247.99 565.00 300.00 278.00 183.63 502.85 3,964.75 9,212.18 4,540.23 1,235.06 4,536.95 860.11 153.67 150.28 2,102.95 42.00 39.55 77.05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JACKET CELLAR THE JACKET CELLAR THE JACKSON,DAVE JAMES ROCCA BARRISTER & SOLICITOR JAMES ROCCA BARRISTER & SOLICITOR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOHNNY ROCCO'S ITALIAN GRILL JOSEPH T K HA ENGINEERING INC KAN DU POOLS LTD KAN DU POOLS LTD KELLY DIGS LANDSCAPING KING CONTRACTORS OF NIAGARA LTD KONE INC KOSANOVIC,DRAGICA KRAUN ELECTRIC SERVICE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK L CAMPBELL & ASSOCIATES LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKEVIEW VINEYARD EQUIPMENT INC. LAPP - HANCOCK ASSOCIATES LTD LATOPLAST LTD LATOPLAST LTD LE GROUPE SPORTS -INTER PLUS LIBRARY SERVICES CENTRE LINCOLN APPLIANCE SERVICE CENTRE INC LINCOLN GRAPHICS INC. LIONS CLUB OF NIAGARA FALLS LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUBELSKI,LEON LUEY,CATHERINE LUNDY'S LANE BIA LUNDY'S LANE PORTFOLIO INC M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MTS SEATING MAIN & FERRY BIA MANOR CLEANERS MAR -CO CLAY PRODUCTS INC MARI -LYNNE EASTLAND MARINE CLEAN LTD MARTIN,HELEN MARTINS MOBILE WASH MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MCCONNELL,LUCILLE MCDONALD,ROB MCGEE MARKING DEVICES MCKEAG,JASON MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC MEDIA PRO INC MEDIA SUPPLY OUTLET MERIDIAN CREDIT UNION MERIT CONTRACTORS NIAGARA MERLINO,RICH METAL SUPERMARKETS METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING MHPM PROJECT MANAGERS INC MICIELI,TONY Cheque No. Cheque Date 338761 14 -Jul -2010 338930 21 -Jul -2010 338762 14 -Jul -2010 339179 03- Aug -2010 339180 03- Aug -2010 338598 07 -JuI -2010 338763 14 -JuI -2010 338931 21-Jul-2010 339260 05- Aug -2010 338932 21 -Jul -2010 338933 21 -JuI -2010 339088 28-Jul-2010 339261 05- Aug -2010 338934 21 -JuI -2010 338764 14 -JuI -2010 339090 28-Jul-2010 338601 07 -JuI -2010 338765 14 -JuI -2010 338602 07-Jul-2010 338935 21 -JuI -2010 339091 28 -JuI -2010 339262 05- Aug -2010 338767 14 -JuI -2010 338938 21 -JuI -2010 338768 14 -JuI -2010 339263 05- Aug -2010 339092 28 -Jul -2010 338936 21 -JuI -2010 338603 07 -Jul -2010 338937 21 -JuI -2010 338939 21 -JuI -2010 339093 28 -JuI -2010 338605 07 -JuI -2010 338606 07 -JuI -2010 338607 07 -JuI -2010 338941 21 -JuI -2010 339094 28 -Jul -2010 338608 07 -JuI -2010 339265 05- Aug -2010 338609 07 -JuI -2010 338610 07 -JuI -2010 338780 14-Jul-2010 338953 21-Jul-2010 339274 05- Aug -2010 339273 05- Aug -2010 US DRAFT 29 -JuI -2010 338611 07-Jul-2010 338942 21-Jul-2010 338943 21 -JuI -2010 338565 07 -JuI -2010 338944 21 -JuI -2010 338612 07 -JuI -2010 338770 14 -JuI -2010 338945 21 -JuI -2010 339095 28 -Jul -2010 339266 05- Aug -2010 338771 14 -JuI -2010 338772 14 -JuI -2010 338773 14 -Jul -2010 338613 07 -JuI -2010 338775 14 -Jul -2010 338776 14 -JuI -2010 338947 21 -JuI -2010 339267 05- Aug -2010 338614 07 -JuI -2010 338948 21 -JuI -2010 338777 14 -JuI -2010 338615 07 -JuI -2010 338616 07 -JuI -2010 338617 07 -JuI -2010 338778 14 -JuI -2010 338949 21 -JuI -2010 339096 28 -JuI -2010 339268 05- Aug -2010 Purpose MATERIALS MATERIALS TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS REFUND TUIT REIMBURSE SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS FUEL MATERIALS REFUND ADMINISTRATIVE SERVICES REFUND FALSE FIRE ALARMS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONVENTION CENTRE EQUIP SERVICES CONTRACT SERVICES MATERIALS ADVERTISING MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS TRAVEUMILEAGE REFUND MATERIALS SERVICES MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND - SAFETY SHOES Page 6 of 11 Amount 1,146.95 798.01 92.00 649.70 649.70 220.50 339.00 1,874.25 1,060.92 6,506.54 663.08 3,973.05 686.93 12,794.18 70,586.33 275.32 20.00 5,055.75 525.00 5,780.87 531.30 338.10 114.00 4,228.35 1,519.88 239.56 1,564.45 15,828.75 406.80 917.43 1,886.88 61.40 230.52 333.35 120.00 30,261.74 1,272.81 750.00 807.95 69,000.00 300.00 59,713.14 239.47 1,054.57 782.91 95,485.65 27,500.00 11.31 1,346.80 336.00 28,954.35 580.00 525.00 1,643.98 546.26 1,022.42 120.00 374.50 401.15 139.26 120.00 180.00 16.95 395.50 621.50 1,468.55 62,552.87 73.82 48.64 10,997.81 960.11 3,277.00 11,665.07 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINERVINI,DOMENIC MINERVINI,DOMENIC 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 MISA MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLODYNIA,MICHELLE MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MORIYAMA & TESHIMA ARCHITECTS MOROCCO,JOHN MORTON,DALE MR FURNACE/HU -ERO COMMERCIAL DIVISION MULLER PROPERTIES INC MULLER'S WORKWEAR MURPHY'S MUSIC MY COUNTRY DELICATESSEN NATIONAL ALLIANCE FOR DEC N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA 21 ST GROUP IN NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA DOOR & HARDWARE 1434220 ONTARIO LIMITED NIAGARA DRIVETRAIN CENTRE 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 CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PAINT CENTRE NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS REVIEW NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA INDUSTRIAL FINISHES NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. Cheque Date 338779 14 -JuI -2010 339269 05- Aug -2010 338951 21-Jul-2010 338952 21-Jul-2010 339016 22-Jul-2010 339098 28 -JuI -2010 339271 05- Aug -2010 338693 07-Jul-2010 339008 21 -JuI -2010 339329 05- Aug -2010 338618 07-Jul-2010 338950 21-Jul-2010 339270 05- Aug -2010 339272 05- Aug -2010 338619 07 -JuI -2010 339099 28 -JuI -2010 339275 05- Aug -2010 339100 28 -Jul -2010 338620 07 -JuI -2010 339101 28-Jul-2010 338954 21 -JuI -2010 338621 07 -JuI -2010 338622 07 -Jul -2010 339276 05- Aug -2010 338623 07 -JuI -2010 338955 21 -JuI -2010 339102 28-Jul-2010 338624 07 -JuI -2010 US DRAFT 06 -JuI -2010 338968 21-Jul-2010 339114 28 -JuI -2010 339287 05- Aug -2010 339103 28-J u1-2010 338625 07 -Jul -2010 338956 21 -JuI -2010 339104 28 -JuI -2010 339105 28 -JuI -2010 338781 14 -JuI -2010 338626 07 -JuI -2010 339169 30 -JuI -2010 338958 21 -JuI -2010 339106 28 -JuI -2010 339277 05- Aug -2010 338959 21 -JuI -2010 338628 07 -JuI -2010 338960 21 -JuI -2010 338961 21 -JuI -2010 339280 05- Aug -2010 339170 30-Jul-2010 339278 05- Aug -2010 339171 30 -JuI -2010 339279 05- Aug -2010 338782 14 -JuI -2010 339107 28 -JuI -2010 338627 07 -JuI -2010 338629 07 -JuI -2010 339108 28- JuI -2010 339172 30 -JuI -2010 339281 05- Aug -2010 338631 07 -JuI -2010 339109 28-Jul-2010 339110 28 -JuI -2010 338633 07 -JuI -2010 338634 07-Jul-2010 338635 07-Jul-2010 338785 14-Jul-2010 338838 15 -JuI -2010 338839 21 -JuI -2010 338840 21 -JuI -2010 338962 21 -JuI -2010 338963 21-Jul-2010 339111 28-Jul-2010 339112 28 -JuI -2010 339282 05- Aug -2010 Purpose TRAVEL/MILEAGE TRAVEL/MILEAGE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE ADMINISTRATIVE MARRIAGE LICEN( CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE CLAIMS #11 PAYROLL REMITTANCE CLAIM 1134' PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADVERTISING CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES GRANT CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEL /MILEAGE TRAVEL/MILEAGE CONTRACT SERVICES REFUND FALSE FIRE ALARMS MATERIALS CONTRACT SERVICES MATERIALS FIRE DEPT EXPENSE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND FALSE FIRE ALARMS MATERIALS MAINTENANCE/REPAIRS CONTRACT SERVICES MATERIALS REFUND FALSE FIRE ALARMS GRANT ADVERTISING SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT CONTRACT SERVICES CONTRACT SERVICES REMITTANCE MATERIALS PETTY CASH ADVERTISING GRANT GRANT GRANT ADMINISTRATIVE AMBULANCE CONTRACT SERVICES SERVICES UTILITIES MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ADMINISTRATIVE UTILITIES UTILITIES UTILITIES UTILITIES Page 7 of 11 Amount 280.00 167.00 61,507.56 3,678.01 8,104.50 19,200.00 130.00 553.49 493.04 400.22 2,300.88 2,126.73 2,127.22 200.00 416.31 2,036.82 925.34 95.00 3,060.75 1,769.27 51,855.60 243.00 497.50 308.23 300.00 126.56 1,523.25 180.24 478.80 3,559.50 113.00 282.50 286,211.02 1,500.00 1,165.53 200.58 4,593.41 910.00 1,300.00 33,202.33 480.38 22,322.75 90.40 177.61 6,785.10 6,785.10 6,351.11 6,785.10 2,250.00 6,902.62 37,711.83 280.00 1,781.33 626.33 231.00 12,825.00 100,000.00 30,000.00 45.00 2,768.50 369.50 87.50 1,640.00 4,971.07 16,905.59 5,275.94 9,497.89 9,597.77 109,948.38 17,714.78 2,388.51 9,188.19 125,865.96 10,814.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL HOUSING NIAGARA REGIONAL TOWING NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRAINING & EMPLOYMENT AGENCY INC NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NIF SOLUTIONS O'HARA TRUCKING & EXCAVATING OCE- CANADA INC OMERS OMERS OMERS OMERS OMFPOA NIAGARA CHAPTER ONTARIO BUSINESS IMPROVEMENT AREA ASSOCIATION ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD OPTIMIST CLUB SLO -PITCH CANTEEN ORSINI,MARIA ORSINI BROS INNS INC OUTDOOR CONVENIENCES INC OUTDOOR CONVENIENCES INC P &C COMPOSTECH INC PAGENET OF CANADA INC PALADINO,ANGELO& PALADINO, LIVIA PALFI,VIKTORIA PALMER, W ENDALL PARTSMASTER CANADA PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA PEST CONTROL LTD PENINSULA PRESS LIMITED PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PENINSULA TOWING & RECOVERY INC PENNER BUILDING CENTRE PERFORMANCE POWDER COATING & FASTENERS LTD PETERS EXCAVATING INC PETRO- CANADA PETRO- CANADA PETRO- CANADA PETRO- CANADA PETRO- CANADA PINERIDGE TREE SERVICE LTD PITNEY BOWES GLOBAL CREDIT SERVICES PLAYPOWER LT CANADA INC T44069C PLAYPOWER LT POLILLO HOLDINGS POPPA CORN CORP PORTER,GAIL PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISION CURB CUTTING LTD PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PUBLIC SECTOR DIGEST PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER Cheque No. Cheque Date 339283 05- Aug -2010 339284 05- Aug -2010 339113 28 -Jul -2010 338636 07 -Jul -2010 338964 21 -Jul -2010 338637 07 -Jul -2010 338638 07 -JuI -2010 338965 21 -JuI -2010 338966 21-J u1-2010 339285 05- Aug -2010 338630 07-J u1-2010 338783 14 -JuI -2010 338967 21 -JuI -2010 339286 05- Aug -2010 339289 05- Aug -2010 339288 05- Aug -2010 338788 14 -JuI -2010 338789 14 -JuI -2010 339290 05- Aug -2010 339291 05- Aug -2010 338640 07 -JuI -2010 338970 21-Jul-2010 338641 07-Jul-2010 338790 14 -JuI -2010 339115 28 -JuI -2010 339116 28 -JuI -2010 338642 07 -JuI -2010 338643 07 -JuI -2010 339292 05- Aug -2010 338793 14 -JuI -2010 339117 28 -JuI -2010 338791 14 -JuI -2010 339118 28 -JuI -2010 338792 14 -Jul -2010 339119 28 -JuI -2010 338644 07 -JuI -2010 338794 14 -JuI -2010 338795 14-Jul-2010 338646 07-Jul-2010 338971 21 -JuI -2010 339120 28 -JuI -2010 339293 05- Aug -2010 338645 07 -JuI -2010 339121 28-Jul-2010 339294 05- Aug -2010 338647 07 -JuI -2010 339122 28-Jul-2010 338648 07 -JuI -2010 338796 14-Jul-2010 338972 21 -JuI -2010 339123 28 -JuI -2010 339295 05- Aug -2010 339124 28-Jul-2010 339125 28-Jul-2010 338649 07-Jul-2010 US DRAFT 30- Jun -2010 338650 07 -JuI -2010 339296 05- Aug -2010 338651 07-Jul-2010 338797 14 -JuI -2010 338652 07 -JuI -2010 338973 21 -JuI -2010 339126 28 -JuI -2010 338653 07 -JuI -2010 339127 28 -JuI -2010 339173 30-Jul-2010 338798 14 -JuI -2010 338799 14 -JuI -2010 339128 28-Jul-2010 338654 07-Jul-2010 338801 14 -JuI -2010 338975 21 -JuI -2010 339129 28 -JuI -2010 339297 05- Aug -2010 Purpose UTILITIES MATERIALS MATERIALS REFUND FALSE FIRE ALARMS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS ADVERTISING ADVERTISING REFUND FALSE FIRE ALARMS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE LIBRARY PAYROLL REMITTANCE MATERIALS CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND DAMAGE DEPOSIT BA -APO REFUND FALSE FIRE ALARMS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND REFUND REFUND MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES FUEL FUEL FUEL FUEL FUEL MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS PARTS REFUND FALSE FIRE ALARMS MATERIALS TRAVEL/MILEAGE TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES GRANT CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES COURIER COURIER COURIER COURIER COURIER Page 8 of 11 Amount 7,966.83 26.56 2,943.94 300.00 88.20 1,980.00 1,017.01 793.51 556.50 786.45 1,500.00 13.56 357.25 10,972.30 4,752.91 786.80 430,545.38 22,202.80 22,238.98 419,440.56 100.00 500.00 472.50 708.75 473.00 750.00 700.00 1,121.40 93.45 34.13 16.89 1,070.00 617.73 600.00 108.07 179.31 661.28 227.85 666.70 120.00 535.00 55.00 220.50 96.00 318.44 423.75 784,490.41 39,259.72 39,141.02 21,642.69 17,996.70 22,948.88 4,410.00 209.87 342.39 1,122.00 150.00 100.00 88.50 57.50 768.13 840.74 491.15 992.25 500.86 24,866.67 8,776.90 50,117.65 4,621.43 66.27 54.15 52.61 26.27 30.73 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name R W HAMILTON LTD RADCO DEVELOPMENTS INC RAIMONDO & ASSOCIATES ARCHITECTS INC RAIMONDO & ASSOCIATES ARCHITECTS INC RAIMONDO & ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA - INDUSTRY CANADA RED TRAC A DIVISION OF D & W GROUP INC. REGION OF NIAGARA (CLERKS DEPT.) REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RINALDI HOMES INC ROBERTSON,TAMMY ROBINS,MICHAEL ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC ROMIC RETAIL SYSTEMS LIMITED ROMZAP LTD ROSEHAVEN HOMES ROSS,PHILIP ROYAL CITY SOCCER CLUB RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES S.B. SIMPSON GROUP INC. SACCO,DOLORES SAFE SUPERVISOR SAFETY -KLEEN CANADA INC. OIL DIVISION SALCI,TED SCOTIABANK VISA PURCHASE CARD SDR SEATING INC SDR SEATING INC SEAWAY HOSE & HYDRAULICS LTD SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHAVER,DONALD CLIFFORD SHEPROTT K9 SECURITY INC SHERATON FALLSVIEW HOTEL & CONFERENCE CENTRE SHERWIN WILLIAMS SHERWIN WILLIAMS SIGNATURE SIGNS SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIMPLISTIC LINES INC SINECEN INC SIX CARD SOLUTIONS USA CORP 89257 SKILVEN PUBLICATIONS INC SMITH,LEE SNIPS LANDSCAPE & NURSERY O/A 843081 ONTARIO INC SOFTCHOICE CORPORATION SPECK INDUSTRIES ST ANGELO,JOHN ST JOHN AMBULANCE ST JOHN AMBULANCE ST. CATHARINES FREIGHTLINER TRUCK & TRACTOR ST. CATHARINES FREIGHTLINER TRUCK & TRACTOR STAMFORD KIWANIS NON -PROF HOMES INC STEVENSVILLE LAWN SERVICE INC STICCA,JAMES STICCA,JAMES Cheque No. Cheque Date 338665 07 -Jul -2010 338976 21 -Jul -2010 338655 07 -Jul -2010 339130 28 -JuI -2010 339298 05- Aug -2010 338656 07-Jul-2010 338802 14 -JuI -2010 339131 28 -JuI -2010 339299 05- Aug -2010 338657 07 -JuI -2010 339132 28 -JuI -2010 338658 07 -JuI -2010 338977 21 -JuI -2010 339300 05- Aug -2010 339301 05- Aug -2010 339133 28-J u1-2010 339134 28 -JuI -2010 338660 07 -JuI -2010 338659 07 -JuI -2010 338699 09-Jul-2010 338804 14-Jul-2010 339135 28-Jul-2010 339302 05- Aug -2010 WIRE 12 -JuI -2010 WIRE 26 -JuI -2010 338805 14-Jul-2010 338978 21-Jul-2010 338661 07-Jul-2010 338662 07-Jul-2010 339303 05- Aug -2010 338979 21-Jul-2010 339136 28-Jul-2010 339137 28-Jul-2010 338663 07-Jul-2010 338980 21 -JuI -2010 338806 14 -JuI -2010 339138 28-Jul-2010 338664 07 -JuI -2010 338666 07 -JuI -2010 339139 28-Jul-2010 338807 14 -JuI -2010 339304 05- Aug -2010 338808 14-Jul-2010 339052 28 -JuI -2010 338809 14 -JuI -2010 338981 21-Jul-2010 338982 21-Jul-2010 338667 07-Jul-2010 339140 28 -JuI -2010 338810 14-Jul-2010 338811 14 -JuI -2010 339305 05- Aug -2010 339141 28 -JuI -2010 339306 05- Aug -2010 338812 14-Jul-2010 338669 07-Jul-2010 338983 21-Jul-2010 339307 05- Aug -2010 338670 07-Jul-2010 338984 21-Jul-2010 338671 07-Jul-2010 339142 28 -JuI -2010 339308 05- Aug -2010 339143 28 -JuI -2010 338814 14 -JuI -2010 338985 21 -JuI -2010 339145 28 -JuI -2010 339174 30 -JuI -2010 338986 21 -JuI -2010 339309 05- Aug -2010 338673 07 -JuI -2010 338815 14 -JuI -2010 338674 07 -JuI -2010 338987 21-Jul-2010 Purpose MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS SERVICES REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES MATERIALS REFUND FALSE FIRE ALARMS CONTRACT SERVICES MATERIALS REFUND CONTRACT SERVICES MATERIALS DEBT 57- 2006/60- 2006/72 -2007 DEBT 89 -2004 MATERIALS REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND FALSE FIRE ALARMS REFUND REFUND REFUND OF SOCCER CAMP BOOKIt REFUND FALSE FIRE ALARMS MATERIALS PETTY CASH SUBSCRIPTION MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS ADMINISTRATIVE- CONFERENCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND FALSE FIRE ALARMS MATERIALS MATERIALS PETTY CASH REIMBURSEMENT CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND DONATION GRANT MAINTENANCE/REPAIRS MATERIALS REFUND FALSE FIRE ALARMS CONTRACT SERVICES PAT CUMMII TRAVEUMILEAGE TRAVEUMILEAGE Page 9 of 11 Amount 398.01 750.00 10,000.00 11,098.51 19,402.71 194,358.96 162,131.50 189.84 5,848.93 1,428.45 1,716.75 514,567.56 444,641.53 434,766.13 250.00 1,723.00 67.42 30.00 9,878.75 1,100.00 3,511.23 1,244.89 1,192.32 1,876,600.13 442,968.83 1,763.57 4,230.00 150.00 202.93 1,171.58 1,084.08 1,551.90 292.74 790.00 287.34 533.97 1,457.70 300.00 441.15 578.69 285.55 2,306.00 1,336.03 592,261.49 3,718.51 302,457.75 44.29 245.70 1,525.50 750.00 143.33 29,551.24 128.00 638.10 480.25 5,000.57 81.49 4,970.39 300.00 144.40 69.30 242.09 2,463.37 206.71 498.75 750.00 300.00 2,491.67 256.41 1,463.20 700.00 63,384.51 51.00 148.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STITCH IT CANADA'S TAILOR STONER,WILLIAM MARK STORAGE NIAGARA STREAMLINE STRONGCO EQUIPMENT STRONGCO EQUIPMENT STRONGCO EQUIPMENT SULLIVAN MAHONEY SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUN LIFE ASSURANCE COMPANY OF CANADA BILLING DEPT - GI SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD TALBOT MARKETING TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLOR'S WATER SERVICE TAYLOR'S WATER SERVICE TEAM AQUATIC SUPPLIES TEAM SPIRIT SERVICES TECHNICAL STANDARDS & SAFETY AUTHORITY TECVALCO LTD TEIBERT,GEORGE TEKSIGN INC TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENNIER SANITATION TES INFORMATION TECHNOLOGIES THE CHILDREN'S AID SOCIETY OF THE NIAGARA REGION THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE REVIEW THE V &S ENGINEERING GROUP LTD THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THYSSENKRUPP ELEVATOR TODD,KEN TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRAVELPIC NIAGARA FALLS TROY SPRINKLER LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURNER & TOWNSEND TWARDAWSKY,NICK UCC INDUSTRIES INTERNATIONAL INC UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD VALUE MUFFLER & BRAKE CENTRE VANCOR SUPPLY VANCOR SUPPLY VERCESI,SHELLEY VICTORIA CENTRE BIA WALK ON DUST CONTROL WALK ON DUST CONTROL Cheque No. Cheque Date 339144 28 -Jul -2010 339147 28 -JuI -2010 339146 28 -JuI -2010 338988 21 -JuI -2010 338989 21 -JuI -2010 339148 28 -JuI -2010 339310 05- Aug -2010 338990 21 -JuI -2010 338991 21 -JuI -2010 338675 07 -JuI -2010 339311 05- Aug -2010 338676 07 -JuI -2010 338992 21 -JuI -2010 339150 28 -JuI -2010 339151 28 -JuI -2010 338677 07 -JuI -2010 339152 28 -Jul -2010 339312 05- Aug -2010 338816 14 -JuI -2010 339017 22-Jul-2010 339313 05- Aug -2010 338993 21 -JuI -2010 338818 14 -JuI -2010 338678 07 -JuI -2010 338819 14 -JuI -2010 338996 21 -JuI -2010 339154 28 -JuI -2010 339315 05- Aug -2010 338679 07-Jul-2010 339153 28-Jul-2010 338994 21 -JuI -2010 338995 21 -Jul -2010 339314 05- Aug -2010 338997 21 -JuI -2010 338820 14 -JuI -2010 338547 07 -JuI -2010 338680 07 -JuI -2010 338998 21 -JuI -2010 338999 21 -JuI -2010 339155 28 -JuI -2010 339316 05- Aug -2010 338821 14 -JuI -2010 339156 28-Jul-2010 339157 28 -JuI -2010 338681 07 -JuI -2010 338682 07 -JuI -2010 338822 14 -JuI -2010 338683 07 -JuI -2010 338823 14 -JuI -2010 339001 21 -JuI -2010 339158 28 -JuI -2010 339317 05- Aug -2010 339318 05- Aug -2010 338684 07-Jul-2010 339002 21-Jul-2010 339319 05- Aug -2010 339003 21-J u1-2010 339320 05- Aug -2010 338824 14 -JuI -2010 339159 28 -JuI -2010 339004 21 -JuI -2010 339160 28 -Jul -2010 338686 07 -JuI -2010 338826 14 -JuI -2010 339005 21 -JuI -2010 339322 05- Aug -2010 338687 07 -JuI -2010 339161 28 -JuI -2010 338827 14 -JuI -2010 339323 05- Aug -2010 339324 05- Aug -2010 338688 07 -JuI -2010 338830 14 -Jul -2010 339007 21-Jul-2010 Purpose MATERIALS REFUND DAMAGE DEP BP- 2010 -050 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES CONTRACT SERVICES FUEL MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND FALSE FIRE ALARMS MATERIALS MATERIALS ADVERTISING ADVERTISING CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES TRAVEUMILEAGE TRAVEL/MILEAGE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES COMPUTER CONTRACT SERVICES MATERIALS MATERIALS REFUND DAMAGE DEPOSIT CONTRACT SERVICES MATERIALS MATERIALS Page 10 of 11 Amount 237.93 750.00 384.20 1,017.00 2,996.58 993.62 184.70 154.09 847.78 287,041.84 2,836.58 431.01 302.20 1,130.00 338.83 2,286.44 228.00 168.00 89.45 251.80 105.00 282.50 150.00 5,470.72 796.65 13,375.75 796.65 4,923.01 2,437.54 2,406.91 297.14 15,300.86 554.23 322.09 227.60 300.00 295.83 119.47 6,481.27 210.00 12,734.62 1,785.53 491.55 309.24 593.50 161.00 57,926.37 106.77 445.05 372.00 8.54 325.44 236.25 566.93 128.99 333.91 22,098.64 184.50 17,757.95 994.00 3,947.79 17,452.68 23,998.51 15,700.59 11,687.34 23,729.98 23,165.00 62.10 1,057.95 460.25 750.00 167,500.00 111.74 92.83 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER INTEGRATED MUNICIPAL SERVICES WALSH,JOHN WARMAN,THOMAS WASTE MANAGEMENT WATERS,RON WEBER,BILL WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WILLOUGHBY VOLUNTEER FIREFIGHTERS ASSOCIATION WINGER,TERRI WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WORKPLACE SAFETY GROUP WSIB WSIB WSIB WSIB WSIB WSIB WSIB XCG TRAINING & OPERATIONS YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEAGER BROS. INC. ZERO GRAVITY CIRCUS PRODUCTIONS INC Cheque No. Cheque Date 339163 28 -Jul -2010 338689 07 -Jul -2010 338829 14 -Jul -2010 339006 21 -Jul -2010 339162 28 -JuI -2010 339326 05- Aug -2010 338831 14-Jul-2010 338690 07 -JuI -2010 339164 28 -JuI -2010 338691 07 -JuI -2010 339327 05- Aug -2010 338692 07 -JuI -2010 339328 05- Aug -2010 338694 07 -JuI -2010 338832 14 -JuI -2010 338695 07 -JuI -2010 339330 05- Aug -2010 339010 21 -JuI -2010 339165 28-Jul-2010 339175 30-Jul-2010 339176 30-Jul-2010 339331 05- Aug -2010 338696 07 -JuI -2010 338833 14 -Jul -2010 338834 14 -JuI -2010 339011 21 -JuI -2010 339332 05- Aug -2010 339333 05- Aug -2010 339334 05- Aug -2010 338697 07-Jul-2010 339012 21 -JuI -2010 339013 21 -JuI -2010 338836 14 -JuI -2010 339166 28 -JuI -2010 339335 05- Aug -2010 338837 14-Jul-2010 339014 21-Jul-2010 339177 30-Jul-2010 339015 21-Jul-2010 339336 05- Aug -2010 US DRAFT 13-Jul-2010 338698 07 -JuI -2010 Purpose CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS CONTRACT SERVICES TRAVEUMILEAGE REFUND - SAFETY SHOES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADVERTISING CONTRACT SERVICES CONTRACT SERVICES GRANT GRANT ADMINISTRATIVE - TRAINING CLASS CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES ADMINISTRATIVE PAYROLL REMITTANCE LIBRARY AC PAYROLL REMITTANCE MUSEUM CONSULTING SERVICES MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS GRANT MATERIALS MATERIALS PARTS MATERIALS Page 11 of 11 Amount 203.92 6,041.39 849.69 1,909.73 2,153.48 4,201.68 30.00 188.00 61.68 68.50 150.00 101.70 203.40 200.01 873.80 4,236.26 100.00 65.00 65.00 28,500.00 1,612.50 450.87 8,682.89 600.61 72.87 17,173.26 26,807.20 603.62 72.28 7,245.00 1,059.56 47.62 4,838.06 2,164.94 2,755.44 819.28 473.98 4,277.75 418.41 460.91 4,283.95 2,373.00 Total 16,708,455.90 Niagaraaalls C ANA UA REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2010 -52 Tax Sale Extension Agreement F- 2010 -52 August 30, 2010 That the City of Niagara Falls enter into an Extension agreement with Eric Leatherbarrow for the outstanding taxes owing at 7416 Lakewood Crescent. The Finance department of the City registered the above noted property for unpaid taxes on September 1, 2009. The property is subject to a tax sale on November 3, 2010. The property owner has requested an Extension Agreement to pay his tax obligation of $23,772 in two installments, one installment immediately once the agreement is entered into with the balance paid at the end of the year. Staff are satisfied with these proposed arrangements and recommend working with the property owner in this fashion. The Finance department of the City follows a tax collection process for property owners who fail to pay their property taxes. The process is followed sequentially through a series of action steps culminating in the sale of the property for the outstanding amounts. At every action step in the process, Finance staff attempt to work with the property owner to find suitable payment arrangements. Unfortunately, some situations are not resolved prior to the tax sale date. The Municipal Act, 2001 s378 provides opportunities for taxpayers who have properties that are registered and subject to tax sale, to seek payment terms beyond the tax sale date. This property was registered on September 1, 2009 and is subject to a tax sale on November 3, 2010. The property owner, through legal counsel has requested an extension agreement. The extension agreement would result in the tax obligation of $23,772.10 being paid in full as at the end of 2010. Staff are confident that the terms of the agreement will be fulfilled. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The cost of producing the proposed Extension Agreement will be bourne by the property owner. During the period of the extension agreement the property will continue to be charged all applicable penalties for non payment. The property owner can pay the balance outstanding during the term of the agreement. Once the tax obligations is paid in full, the City Treasurer is required to register a tax arrears cancellation certificate. August 30, 2010 - 2 - Should the property owner fail to meet the obligations of the Agreement then the property would be subject to the same tax sale proceedings that was in place prior to the establishment of the agreement. Recommended by: Respectfully submitted: TH /Iw o , Dire tor of Todd Harr finance Ken Tod., Chief Administrative Officer F- 2010 -52 Niagarajalls August 30, 2010 l A�AI).i REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Fire Department SUBJECT: FS- 2010 -10 RFT T -14 -2010 Roof Replacement - Fire Station 1 RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE FS- 2010 -10 1. That Council award the tender to the lowest compliant bidder, Roque Roofing Inc. at the tendered price of $87,000.00 (taxes extra). 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. The current roof at Fire Station 1 has been plagued with Teaks over the last few years. Jocelyn Roof Consultants prepared a roof condition report for Fire Stations 1, 2, 3 and 4 in May 2009. The report described the condition of the roof at Station 1 as "very poor ", "blisters throughout, some bare areas" and "significant leak history". City staff has completed the review of all proposals submitted in response to the Request for Tender and has identified Roque Roofing Inc. as the lowest compliant proponent. Over the last several months, the roof at Station 1 has required substantial repair and maintenance. The continued maintenance of the roof is no longer economically feasible; the traffic on the roof required by repair and maintenance has potentially resulted in additional Teaks. As a result, Council approved the project brought forward in the 2010 Capital budget. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on at 1:30 p.m., Thursday, July 15 for the above noted contract. Tender documents were picked up by ten (10) Contractors. Six (6) bids were received. One tender was rejected for non - compliance for the lack of a proper tender deposit. Listed below is a summary of the totalled tendered prices, excluding taxes, received from the Contractors. August 30, 2010 - 2 - FS- 2010 -10 1. Roque Roofing Inc. Hamilton $ 87,000.00 2. Flynn Canada Ltd. Stoney Creek $ 98,200.00 3. D. F. Brown Roofing Thorold $106,170.00 4. Triumph Roofing Toronto $110,137.00 5. Nedlaw Roofing Breslau $112,263.00 FINANCIAL IMPLICATIONS This project was approved in the 2010 Capital Budget. The approved total expenditures amount for this project is $100,000.00. The low tender staff is recommending that Council approve is within the budget allocated for this project. The funding for this project will be fully derived from special purpose reserves. LIST OF ATTACHMENTS • Report from Jocelyn Roof Consultants - May 2009 Recommended by: Respectfully submitted: J. Jessop /D. lorfida /tc r Ken Todd, Chief Administrative Officer Fire Hall #1 5815 Morrison Street , Niagara Falls Fire Hall #2 7036 McLeod Road, Niagara Falls Fire Hall #3 3401 Dorchester Road, Niagara Falls Fire Hall #4 8698 Banting Avenue, Niagara Falls Prepared For: Prepared By: Jocelyn Roof Consultants Group ROOF CONDITION REPORT May 2009 City of Niagara Falls Domenic Minervini Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls Jocelyn Roof Consultants 228 George Street, Hamilton, Ontario Jocelyn Roof Consultants has been asked to inspect and provide a condition review report of the following roof areas. Jocelyn Roof Consultants Group INTRODUCTION Fire Hall #1 5815 Morrison Street - Original Roof Area Fire Hall #2 7036 McLeod Road Fire Hall #3 3401 Dorchester Road Fire Hall #4 8698 Banting Avenue Our inspection was visual only, no core tests were cut into the roof. Inspections were made on May 1 2009 Inspections were made by Robert Jocelyn and Ron MacAulay. CONDITION REPORT Property: FireHall #1 5815 Morrison Street, Niagara Falls Client: City of Niagara Falls Date: May 1 2009 Contact: Domenic Minervini Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls Existing Roof Condition Budget Conventional 4 ply built up roof Concrete substrate Approximately 8500 square feet Very poor condition Blisters throughout, some bare areas. Significant leak history Recommendations Replace roof as soon as possible. Continued maintenance will not be economically feasible; leaks will continue, roof is in such condition that excessive traffic on roof will potentially cause further leaks Replace with a four ply built up roof system. Before roof replacement, must identify any units or fans on the roof that are no longer in use. These should be removed. Duct work insulation is in poor condition. This can often be the location of water penetration. The ductwork insulation should be replaced after the roof is replaced. Should cut drainage channels in expansion joint to improve roof drainage on west side of building Provide new support pads for communication conduits. Metal flashing around east side sloped metal roof should be removed and replaced to allow installation of new membrane roof flashing. Jocelyn Roof Consultants Group Roof Replacement $88,000 (complete removal and replacement) Roof Consultant $ 5,000 (prepare specifications, tender and quality assurance inspections) r- o rh• J J Q 2 W Ce LL J -J Q 1 W Ce -o c ca 0 a) 4=- c a) Iv a) pi O c a) E Q 0 a) a) (6 - 0 0 = a) 0 8 E Q 2 0 c (6 V) C 0 0 0 0 Ce C T 0 O Property: FireHall #2 7036 McLeod Road, Niagara Falls Client: City of Niagara Falls Date: May 1 2009 Contact: Domenic Minervini Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls Existing Roof Condition Areas One and Two Conventional 4 ply built up roof Concrete substrate Approximately 6000 square feet CONDITION REPORT Older roof No leaks reported Some bare areas from wind scour in the corners. Recommendations This roof is older and should be budgeted for replacement in the next two or three years. Maintenance should be done this year to extend life of roof. Should review this roof annually for condition. Wind Scour has worn some corners bare. Some small bare spots. Should have these areas treated to protect membranes from drying and wearing out. Budget Jocelyn Roof Consultants Group Current Maintenance Requirements $ 2 000 Property: FireHatl #3 3401 Dorchester Road, Niagara Falls Client: City of Niagara Falls Date: May 1 2009 Contact: Domenic Minervini Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls Existing Roof Area One Conventional 4 ply built up roof Concrete substrate Approximately 2000 square feet Area Two Two Ply SBS modified membrane roof Slope approximately 3:12 Condition Area One Older roof No leaks reported Exposed perimeter flashing has been treated recently Area Two Fairly new roof ( five years) In fairly good condition, no concerns now. Some minor wrinkles /blisters in the membrane to watch in future. Recommendations Budget Jocelyn Roof Consultants Group CONDITION REPORT Area one is in decent condition for the age. Some recent maintenance work. This roof should be reviewed for replacement in 3- 5years. Sloped roof is new. Minor blisters or wrinkles should be reviewed annually to make sure that they don't get large enough to cause any issues. N/A $ 0 \ ‘\ \\\ \‘‘ \ \ \\[f, \ :•< \ . 3 15 2 e. 2 I t • N,‘ „ ' • \ , •\ \‘ ‘ \ \. „ N \ • • • N ‘Nt, \ , \ '‘ :\ \‘, • ‘‘‘ ' • 0) 0 C\1 L() 0 CONDITION REPORT Property: FireHatl #4 8698 Banting Road, Niagara Falls Client: City of Niagara Falls Date: May 1 2009 Contact: Domenic Minervini Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls Existing Roof Area One Area Three Area Two Area Four Condition Area One Area Two Conventional 4 ply built up roof Inverted ballasted EPDM single ply Concrete substrate roof Approximately 1400 square feet Approximately 260 square feet Conventional 4 ply built up roof Concrete substrate Approximately 4000 square feet Inverted and ballasted single ply EPDM roof Approximately 600 square feet Roof is in overall decent condition, no current leaks Goal posts stored on roof have sunk into membrane, likely causing hole. Block wall at roof two is cracking, should be addressed before water penetrated building. Older roof, poor drainage in some areas. Corners have been scoured bare from wind. Screen around unit in south corner needs new ballast. Exhaust fan in south west needs caulking around electrical penetration. Area Three Inverted roof - flashing appear to be in good shape, no stretching noted. Area Four Jocelyn Roof Consultants Group This area has leaked around the door and has been patched. Flashing covered in metal. Membrane covered by patio stones. No roof is visible. Recommendations Area One Area Two Budget Jocelyn Roof Consultants Group This area should have roofer remove the posts and patch the area underneath. Any wet insulation in the areas should be removed and replaced. Removal may cause immediate leak and should be left until roof repairs can be made immediately. Block wall has visible cracks. These are large and will allow a driven rain to enter the building. This wall should be repaired or clad to prevent water intrusion. Needs repairs at corners where wind has scoured roof felts bare. Sand used to ballast screen around HVAC unit has broken and blown away. New ballast for screen is needed. Review for potential replacement in 3 - 5 years. Area Three and Four These are inverted roof areas and can not easily be viewed without removing ballast. Area four has leaked and been repaired recently. Area three appears to be in decent shape. The flashings do not show stretch or tenting. Repairs to roof one and two $ 2 500 110 a 1§, , \ \ • 2 „ • ;.:,-'''-'‘,.\:\-.,-,. \ \'‘ \ \ \ \' ,'\ - \ , . , .‘`. ''‘‘ \ 1AplIeR \ ' \ \ N \ . . \ ,‘ • \ \ ‘,„\\ \ ' \\ \ \ I • \ ' vi 0 Q. Q. a) f! 0 0) cty -o a) 0 0 0 (ty _c a) 0 a) ct 0 0 a) -0 0 0 V) 0 0 1:3 0 • 5 - L . o 0 . co 0 z c 0 0 cri 0 0 0 0 0 ocr --J Fire Hall #1 5815 Morrison Street Roof should be replaced this year. This roof is beyond economical maintenance. Budget Budget Replacement Consultant Fees Fire Hall #2 7036 McLeod Road Older roof, will need replacement over the two or three years. For now maintenance will add life to the roof. Review annually. Fire Hall #3 3401 Dorchester Road Fire Hall #4 8698 Banting Avenue Budget Jocelyn Roof Consultants Group SUMMARY $88 000 $ 5 000 Maintenance $ 2 000 Will need replacement of low slope roofs over the next 3 -5 years. Slope roof is in good condition. Review annually for maintenance. Some maintenance needed now to main upper roof areas. Review in 3 -5 years for replacement. EPDM roofs appear to be good for now. May consider replacement with other roof areas. Maintenance $ 2 500 Niagara�alls cxn.�0 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources SUBJECT: HR- 2010 -09 Benefits Renewal Sun Life Assurance Company of Canada RECOMMENDATION: HR-2010-09 August 30, 2010 1. That Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental and, Long Term Disability for the period of September 1, 2010 to August 31, 2011. 2. That Council direct staff to conduct a comprehensive market review prior to developing the 2011 budget. EXECUTIVE SUMMARY: The City's contract with Sunlife Assurance will expire August 31, 2010 and staff have worked with our supplier to obtain pricing for the next year. This premium increase is 6.4% or an additional $51,100 for the remainder of the year. The impact of the price increase will not be known until the year end once all claims are submitted. Staff believe that a comprehensive market review should be undertaken on the pricing of the employee benefits. This should be completed prior to the development of the 2011 budget. BACKGROUND: The City has an annual contract with Sunlife Assurance Company to provide life, extended health, dental and long term disability. This contract is subject to annual review at the end of August, 2010. This report provides an overview of the contract and analysis of the next action required. ANALYSIS /RATIONALE: In June 2010, and following some negotiations with the carrier, the City of Niagara Falls received Sun Life's renewal rate recommendations for employee benefits (CUPE, Fire and Non - Union) which requested an annual premium increase of approximately 6.4 %. This premium increase would be the balance of 2010, starting September 1st. August 30, 2010 The goal of setting the new premium rates is to ensure that the premiums are in any year sufficient to prevent a deficit from claims activity. This year's premium changes can be attributed to increases in the pool rated benefit (i.e., LTD) which experienced a slight rise in claims and one Life insurance payout. The experience rated benefits of Health Care and Dental performed close to target and near the break -even position. Notwithstanding, these benefits require standard industry inflation trend adjustments for 2010. In addition, the plan did experience some benefit enhancements attributable to changes to the Fire collective agreement. The last comprehensive market review on benefits was conducted by BHH Benefits on behalf of the City of Niagara Falls in 2006, which resulted in the decision to retain Sun Life as the incumbent carrier for CUPE, Fire and Non -Union staff. Staff recommend that a similar review is being conducted prior to the 2011 budget. CITY'S STRATEGIC COMMITMENT The proposed increase appears to be within industry norms and trends and consistent with Council's strategic priority to monitor costs and improve the efficiency within the organization. A market review to be conducted this September will confirm the competitiveness of the plan. FINANCIAL / STAFFING IMPLICATIONS The cost of employee benefits are annual expenditures in the General Purposes and Utility budgets developed based on historical rates on various employee groups. The amounts paid to Sunlife is based on the contracted price per employee group. The claims filed by employees provide the actual costs to the City. In the 2010 budget, the City has budgeted an increase of $210, 810 for all employee benefits, inclusive of government benefits such as CPP, El, etc. As the new premium takes effect in September, the impact is $51,100 for the remainder of 2010. The impact of the price increase for the balance of 2010 will not be know until the claims for the year are completed. Any cost increases above the budget increase of $210,810 will be mitigated by reserves held for this purpose. Staff believe that the comprehensive review recommended for 2010 will provide guidance for the 2011 budget. Recommended by: Respectfully submitted: - 2 - HR- 2010 -09 Trent Da ector o Human Resources Todd Harrison, D e';tor of Finance Ken odd, Chief Administrative Officer Niagaraf�aIls CANADA REPORT TO: His Worship Mayor Ted Salci Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department RECOMMENDATION MW- 2010 -55 August 30, 2010 SUBJECT: MW- 2010 -55 Municipal Services Improvements Dunn Street from Ailanthus Avenue to Stanley Avenue and Intersection Improvements at Stanley Avenue (Regional Road 102) and Livingston Avenue 1. The contract be awarded to the lowest bidder Nexterra Substructures Inc. at the tendered price of $1,172,675.40 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY In order to address the safety and volume of traffic accessing the Niagara Civic and Convention Centre (NCCC) from Dunn Street it is necessary to upgrade and widen the roadway from Stanley Avenue to approximately Ailanthus Avenue. Given the schedule to open the NCC in the Spring of 2011, it is necessary to complete the required road works this Fall. As part of this project, sewer separation, sidewalk and watermain replacements, bike lanes and minor drainage improvements will be made. BACKGROUND This area has been subject to periodic basement flooding conditions and regular road flooding during intense rainfall events. The project involves the construction of storm sewers, watermain and sidewalk replacement as well as complete road reconstruction to accommodate turn lanes and bicycle lanes. This project has been approved by the Region as meeting the requirements for combined sewer overflow funding for the storm sewer construction costs. The project will also include the improvement of the Stanley Avenue and Livingston Avenue intersection which will be funded by Niagara Region. It is anticipated that this project will be completed this year prior to the official opening of the Niagara Civic and Convention Centre in 2011. The Tender Opening Committee, in the presence of the City Clerk' representatives Mr. Ray Miller, Manager of Supply & Services and Mr. Dean Iorfida, City Clerk opened tenders on Tuesday, August 24, 2010. August 30, 2010 Tender documents were picked up by twelve (12) Contractors and six (6) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown bold and marked with an asterisk ( *). Contractor City Tender Price Corrected Bid 1. Nexterra Substructures Inc. Niagara Falls 1,172,675.40 2. Alfred Beam Excavating Ltd. Fort Erie 1,193,102.20 3. Alfidome Construction Ltd. Niagara Falls 1,198,417.20 4. V. Gibbons Contracting Ltd. Stevensville 1,261,600.15 5. Peters Excavating Inc. Stevensville 1,274,905.00 6. Cotton Inc. Niagara Falls 1,850,154.40 ANALYSIS /RATIONALE The lowest tender was received from Nexterra Substructures Inc. in the amount of $1,172,675.40. 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 $1,500,000. 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 Toads. The project is scheduled to be completed within 50 working days of construction start. FINANCIAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2010 with a budgeted expenditure of $1,658,900. COMMITMENT TO COUNCIL PRIORITIES 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. ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: -2- MW- 2010 -55 Geoff Holman, (rector of Municipal Works Ken odd, Chief Administrative Officer R.Volpini S: \REPORTS\2010 Reports \MW - 2010 -55 - Municipal Service Improvements_ Dunn from Ailanthus to Stanley.wpd NiagaraFalls Location - Dunn Street Storm Sewer Separation Stanley Avenue to Ailanthus Avenue m DIXON ST Z v r m 101 m STONE ST 1 11 § MURRAY ST itt DUNN ST 1 � 1111111 1 I 1.11 -.. soot" no— mow slisluNle LEGEND i 0 ■ • • • • Subject Area Property Parcel Road 1 1 Bs, 111 Z Metric Scale 1:5000 -� 1 ow M i l l April 2010 K: \GIS_Requests\ 2010 \Custom\Intemal\Mun Works\Du nnStSewerSeparation.map REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department SUBJECT: PD- 2010 -63 Commercial Building & Facade Improvement Application CB &FIG - 2010 -002, 5668 Main Street 4442181 Canada Inc. (Sarah Danial) RECOMMENDATION BACKGROUND PD- 2010 -63 NiagaraFalls August 30, 2010 (AnA01 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5668 Main Street subject to the owner satisfying the program requirements including all necessary permits and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed commercial building and facade work complies with the City's grant program; • the funding will improve the appearance and structure of the building; and • the funds are available in the Historic Drummondville CIP reserve account. The subject property is located at 5668 Main Street within the Historic Drummondville CIP area. The property contains a red coloured brick building which is being used as a doctor's office. The application involves a request for funding for facade and building improvements. The extent of facade improvements include new signage, replacement of front windows and lighting. The facade improvements will be approximately $10,000 and the applicant will be eligible for 50% or about $5,000. The Region will provide $2,500 or 50% of the City's grant portion for the facade improvement. The building improvements include replacing the rear side stairs and making the rear entrance to the building wider. The applicant will also carry out eaves trough repairs and add new air conditioning. The estimated cost of the building component improvements is almost $10,000 and the applicant will be eligible for 50% or about $5,000. August 30, 2010 - 2 - PD- 2010 -63 The total grant to be provided to the applicant is $10,000 and the net grant amount provided by the City is $7,500. As part of the grant approval process, the owners will be required to enter into an agreement with the City. FINANCIAL IMPLICATIONS There is approximately $67,000 remaining in the Historic Drummondville CIP reserve for programs which can accommodate this application. CITY'S STRATEGIC COMMITMENT The approval of the application complies with the City's strategic commitment in implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the revitalization of the medical precinct of the Historic Drummondville area. LIST OF ATTACHMENTS ■ Appendix 1 - Location map of the subject property. Appendix 2 - Plan showing the proposed facade. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: ---dik-/41 Ken Todd, Chief Administrative Officer B.Bolibruck Attach. S: \PDR\2010 \PD- 2010 -63 CB &FIG - 2010 -002, Sarah Danial,wpd.wpd LQAJ) August 30, 2010 - 3 - APPENDIX 1 PD- 2010 -63 rso rim mo r im — i► /IplIF �I,:�II�u LEIME ��� 1IIllhILII E IIllllo I1�l�i�r�rr�■ mar r�! 11111E LOCATION MAP 5668 Main Street August 30, 2010 - 4 - APPENDIX 2 PD- 2010 -63 •` ... �:inumi.ui" 'I r-�-�--� --'J 14E14 V IM(L M WI1- r'Loori rLAN b P PaRtY L4N - t-p)QN+ -eLEVAtioN4D R531W'( v' W 'GM otCse WntK rev+ g41.1 wu -IPOt4 PAYz -pate. ccea Lc K ptitva PD- 2010 -64 Nia ra a alts August 30, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department SUBJECT: PD- 2010 -64 Commercial Building & Facade Improvement Application CB &FIG - 2010 -003, 5662 Main Street 16551101 Ontario Inc. (Nasimal Huq) RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5662 Main Street subject to the owner satisfying the program requirements including all necessary permits and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed commercial building and facade work complies with the City's grant program; the funding will improve the appearance and structure of the building; and the funds are available in the Historic Drummondville CIP reserve account. BACKGROUND The subject property is located at 5662 Main Street within the Historic Drummondville CIP area. The property contains a brick building which is to be used as a medical office on the main floor. The second floor is currently being used as a residential apartment. An application involves a request for funding for facade and building improvements. The extent of facade improvements include new front windows, awning and lighting. The facade improvements will cost approximately $12,000 and the applicant will be eligible for 50% or about $6,000. The Region will provide $3,000 or 50% of the City's grant portion for the facade improvement. The building improvements include constructing a proper ramp and making the building handicapped accessible, new furnace, water heater and air conditioning. A building permit and proper plans will be required for the changes to make the building handicapped accessible. The estimated cost of the building component of the application is approximately $9,000 and the applicant will be eligible for 50% or about $4,500. August 30, 2010 - 2 - PD- 2010 -64 The total grant to be provided to the applicant is $10,500 and the net grant amount provided by the City will be $7,500. As part of the grant approval process, the owners will be required to enter into an agreement with the City. FINANCIAL IMPLICATIONS There is $59,500 remaining in the Historic Drummondville CIP reserve for programs if the previous application (CB &FIG - 2010 -002) is approved. CITY'S STRATEGIC COMMITMENT The approval of the application complies with the City's strategic commitment in implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the revitalization of the medical precinct of the Historic Drummondville area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. ► Appendix 2 - Plan showing the proposed facade. Recommended by: Respectfully submitted: B.Bolibruck Attach. S: \PDR\2010 \PD- 2010 -64, CB &FIG - 2010 -003, Nasimal Huq.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer August 30, 2010 -3 APPENDIX 1 PD- 2010 -64 ill iii M M lox =wlm =pour = ii iic t1111f1� _ — � _ err . �—II III SE = t --ammo* 1110.11 - 11111= — ..: 111 sT =` ; 1111■, % -!'IR • r��r` = " IIr 1:1ill itrou �.l�.■11a iii1 tgr .. _ ..' Emma ,t =Mil ,..„,„ MOM �r t_m 1 111111111111111011111111. `I 1� !� >� 110111111111=- �aili tl1111t� nn , M •• :° { ,III ■ II`/ 14 It1],'�1 111 �'- ��1i� = ,. 501111111►.�jl *it 2 11 0111 111111. 4 .,, , 1111 , -- '- 1111 1111%* i 1 I ter± August 30, 2010 - 4 - APPENDIX 2 PD- 2010 -64 I II11 11 IU11111 1! 1 I t InIt llII HIUJU I III111111i111111111111111f1Uf vi ? ilhl mr 7 ■7■ •ta. JIIhi f j j I i I! j "YL �LtIMbWq k111.- i t ! �� II iI11111IIIIIIU t 1111,11 II1111U11BU111i1� 1 p11Ut1UUi:911 7; Ii ntl1 1 I : , 111 if1111i51 1 l,IIIIII; , IIIIIII@ IHIIIiltllll $1111111111111111 1 ; `l ti I I U11u111l NIII I � Iltlllll(Illi �••• I - .. 111k ,I�IiI����N�� Ira . _ :. t to Iir ,,eailJil +i 1 1 z . , & 1 4 .4 hfWls ttttttttttti11/ a NeK )sXl4}tl ?700M WIt4Por.1 Nt~W Por,04 FI - eoli-Wq ASP, ex IIMN Rd LIN n- -Y- ot4- ELEVA ±Iot P_X1yitN6 FcriMi ex% P,atM f i PAPA G pop-c4- xiw W1Ntow ',e FAL& LotZ• I'orv.14 E i,1-P.Pja Niagaraaalls (A \ A O 1 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department August 30, 2010 SUBJECT: PD- 2010 -66 Commercial Building & Facade Improvement Application CB &FIG - 2009 -006, 5841 -5845 Ferry Street Hillside Holdings Inc. (Emidio Marotti & Peter Conte) RECOMMENDATION PD- 2010 -66 1. That Council approve the Facade Improvement Grant Application for 5841 -5845 Ferry Street subject to the owners satisfying the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed facade work complies with the City's Facade Improvement Grant program; • the funding will improve the appearance of the two storey building; and • the funds are available in the Historic Drummondville CIP reserve account. BACKGROUND The subject property is located at 5841 -5845 Ferry Street within the Historic Drummondville CIP area. The property contains a large vacant 2 storey brick building which has been used in the more recent past for offices. The Committee may recall that in January of this year the applicants received approval for the commercial building component of their application for a new roof and HVAC system. The facade portion of the application was not part of the request for approval as the owners had not yet prepared a rendering illustrating the extent of facade improvements. This information has now been provided and staff are proceeding with the request for funding assistance to improve the facade. The owners will be replacing ground floor store front and second level windows with tempered thermal windows. The facade improvements include repair and painting of the cornices, parapets and architectural details of the building, clean and repoint the brickwork and replacement of damaged stone tiles. The total estimate of the improvements is approximately $40,000 and the owners would be eligible to receive a maximum grant of $10,000. The Region will provide the City with 50% or $5,000 of the grant. August 30, 2010 - 2 - PD- 2010 -66 The total grant to be provided to the applicant is $10,000 and the net grant amount provided by the City will be $5,000. As part of the grant approval process, the owners will be required to enter into an agreement with the City. FINANCIAL IMPLICATIONS There is approximately $52,000 remaining in the Historic Drummondville CIP reserve for programs if the previous applications (CB &FIG - 2010 -002 & CB &FIG - 2010 -003) are approved. CITY'S STRATEGIC COMMITMENT The approval of the application complies with the City's strategic commitment in implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the revitalization of the Main and Ferry area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. ► Appendix 2 - Plan showing the proposed facade. Recommended by: Respectfully submitted: B. Bolibruck Attach. S: \PDR\2010 \PD- 2010 -66, CB &FIG - 2009 -006 Hillside Holdings.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer August 30, 2010 - 3 - APPENDIX 1 PD- 2010 -66 August 30, 2010 PD-2010-66 PD- 2010 -70 NiagaraJalls August 30, 2010 f T \ � D 1 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 -70 Revised Rehabilitation Grant Agreement between Mountainview Homes and City of Niagara Falls 3807 Stanley Avenue RECOMMENDATION That the Mayor and Clerk be authorized to execute the revised Rehabilitation Grant Agreement with Mountainview Homes. EXECUTIVE SUMMARY This report is intended to update Council regarding a Rehabilitation Grant Application and Agreement that was approved on May 12, 2008. The proponents did not sign the original grant agreement provided to them following Council's previous decision and have recently requested some revisions. BACKGROUND The City approved a Rehabilitation Grant Application from Mountainview Homes under the Brownfield Community Improvement Plan for the former Triebacher Schleifmittel Manufacturing Site along Stanley Avenue in May 2008 (see attached report). The property is 19.5 acres in size and has been subject to a number of severances. One of the conditions of each severance is the preparation of a Record of Site Condition. There has been little activity on the subject lands over the past 2 years. It was hoped that following the approval of the Rehabilitation Grant Agreement, Mountainview would move forward with the remediation and redevelopment of the property. It was Mountainview's belief that the time for which development needed to be complete would start from the time they signed the agreement. They could not guarantee the time for the completion of the redevelopment of the entire area. For clarification, the issue of timing in the agreement has been revised as follows: 3.17 - In the event that the accepted works applicable to each parcel of the subject lands is not completed within ten (10) years of the commencement of the redevelopment on each parcel, this agreement shall be at an end and no grant payments shall be paid to the owner. The City's decision as to when such works are commenced and completed is final. August 30, 2010 3.18 - Notwithstanding any other clause in this Agreement, all grant payments under this Agreement will end twenty (20) years after the signing of this Agreement. These changes on timing will allow Mountainview Homes to phase the remediation, undertake risk assessment and redevelop each parcel that makes up the site in an orderly progression. Staff is of the opinion that the revisions to the grant agreement are reasonable and provides the flexibility desired by Mountainview Homes to complete the redevelopment. FINANCIAL /LEGAL IMPLICATIONS The rehabilitation grant for the property will be based on the revised supplemental property assessment once the rehabilitation work is completed. The grant available to the property owner is based on the difference between the pre - rehabilitated assessment and increased supplemental assessment. The difference in assessment will be used to determine the annual grant based on the established grant entitlements. In the year that the supplemental assessment is issued from MPAC, the grant expense will be funded from the supplemental tax billing. In the subsequent years to that, the increased value of the supplemental assessment of the subject property will become part of the City's assessment base and revenues will be collected to fund the grant expense. The annual grant expense will be included in the City's expenditures for all of the years that the grant is applicable. In this fashion, the annual cost of the grant is offset by a portion of the increased tax collected from the increase of assessment on that property and the balance from tax revenues in general. CITY'S STRATEGIC COMMITMENT The City's strategic commitment through the City's Brownfield Community Plan is to encourage the redevelopment of contaminated sites in the City. Mountainview Homes has committed to the redevelopment of the former Triebacher site based upon some leniency on the timing implementation. LIST OF ATTACHMENTS ► Appendix 1 - Concept Plan of Lands Owned by Mountainview Homes ► Appendix 2 - Council Approved Report PD- 2008 -41 Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development - 2 - PD- 2010 -70 Ken Todd, Chief Administrative Officer B.Bolibruck:gd Attach. S: \PDR\2010 \PD- 2010 -70, Revised Rehabilitation Agreement with Mountainview Homes.wpd lridy IL, LVVO His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Ni aaraalls CANADA Re: PD- 2008 -41 Brownfield Rehabilitation Grant Application 3807 Stanley Avenue - 1578891 Ontario Ltd. (Mark Basciano) Working Together to Serve Our Community NLJ- ZUUti -41 APPENDIX 2 The recommendation(s) contained in this report were adopted by City Council 1. That Council approve the application for a Rehabilitation Grant, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the related agreement. The City has received a Rehabilitation Grant Application under its Brownfield Community Improvement Plan for the former Triebacher Schleifmittel Manufacturing Plant along the west side of Stanley Avenue, north of Thorold Stone Road. The property is currently vacant and 19.5 acres in size. The property has been subject to a series of severance applications which will divide the property into five parcels for future light industrial use which could include such uses as a contractors office, light manufacturing and assembly, and a wholesale business. One of the conditions attached to the approval of each severance is the preparation of a Record of Site Condition which will be prepared following the successful remediation of the land. A location map is shown in Appendix 1 and a site plan showing the lots to be created and potential buildings is attached as Appendix 2. The former industrial use produced silicon carbide and aluminum oxide used in manufacturing of abrasives. Approximately 13,550 cubic metres of soil with concentrations of PAH's, petroleum hydrocarbons and heavy metals will be removed from the site. The projected cost of the remediation will be about $2.7 million. New sanitary and storm services will be provided to the site and underground building foundations will be removed to make way for the new development. Eligible rehabilitation program costs in the form of new sewers, demolition of underground foundations will be approximately $1.2 million. The applicant has provided written cost estimates from a qualified person and bonafide contractor for all the eligible costs which totals $3.9 million. 310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Community Services Department Planning & Development May 12, 2008 The intent of the Rehabilitation Grant Program is to provide a financial incentive in the form of an annual grant for up to 10 years to help offset the costs of remediation, rehabilitation and redevelopment of the brownfield property. The payment of the Rehabilitation Grant occurs following redevelopment, reassessment and payment of the first year of the reassessed tax amount. The amount of grant provided is based upon the actual remediation and other eligible costs and the maximum amount cannot exceed the estimates provided in the application. The Region who is a partner in the redevelopment of brownfieids will share in the payment of the grant proportionally. There is a significant economic benefit with the redevelopment of the subject site. Not only will the large property be remediated to a desirable standard that will permit light industrial development, there will be new buildings constructed and the creation of dozens of new jobs. CONCLUSION: This application represents the City's first Rehabilitation Grant received under the Brownfield CIP. The remediation and redevelopment of the former Triebacher Schleifmittel site will be of great benefit to the City by cleaning a site that has been lying idle and derelict for a number of years in a prime gateway location in the City. Based upon the above, staff recommends approval of the Rehabilitation Grant Application for 3807 Stanley Avenue. Recommended by: Approved by: Respectfully submitted: BB: - 2 - PD- 2008 -41 Alex Herlovitch, Director of Planning & Development Ed Dujlovic, Executive Director of Community Services m x acDonald, Chief Administrative Officer S:\PDR12008 \PD- 2008 -41, Brownfield Tax Assistance- Rehabiltation Grant Mountainview.wpd '1.= Zia ST, ANNIE EVII4Nr. 110111iN► LLZ br119Lf99 /,'.1.3f9 •»o9l'S /°460'2 Niagarapalls CANADA 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 -71 August 30, 2010 SUBJECT: PD- 2010 -71 Extension to Draft Plan Approval Warren Woods (West) Draft Plan of Subdivision 26T -96001 (Revised) Garner Road (East Side), South of McLeod Road Applicant: Warren Woods Land Corporation (Robert O'Dell) That Council grant an extension to draft plan approval for the westerly portion of the Warren Woods (West) plan of subdivision until December 18, 2011. The Warren Woods (West) Plan of Subdivision was originally draft approved in 1998. Council has previously granted several extensions to draft plan approval. Staff are in the process of preparing a secondary plan to guide future land use decisions for the Warren Woods area. The plan should be completed in the next 10 -12 months. The applicant has requested an extension to draft plan approval until December 18, 2011. The request can be supported as it will provide the developer the necessary time to adjust the subdivision plan to implement the Warren Woods Secondary Plan. In the future, rather than requesting further extensions of draft approval, the applicant should seek new draft approval as soon as the Secondary Plan is complete. The Warren Woods (West) draft plan of subdivision was originally approved by the Region on October 23, 1998. The plan proposed the division of the land into 113 single detached Tots and 22 blocks that were anticipated to be further divided into lots and blocks for single detached, townhouse and apartment dwelling units. The authority for the subdivision has since been delegated to the City and Council has granted previous requests to extend draft approval. The Warren Woods (East) Plan of Subdivision, which received draft plan approval on December 18, 2008, supercedes the subject plan on the eastern part of the plan area. The draft approval that requires the extension is for the west section of this plan that fronts onto the east side of Garner Road, south of McLeod Road as shown on Schedule 1. Schedule 2 shows the portion of the Warren Woods (West) draft plan of subdivision that requires the extension to draft plan approval as well as the Warren Woods (East) draft plan of subdivision that was recently approved. Draft approval for subdivision and condominium applications is typically given for three years. After three years approval lapses unless an extension is granted by Council as permitted under the Planning Act. As an interim measure, staff can grant temporary extensions to draft plan August 30, 2010 - 2 - PD- 2010 -71 approval pending a formal request to Council. Staff has granted a temporary extension to draft plan approval to allow a review of the request by the City and Region (see the attached Regional comment letter). Planning Review The City is preparing the Warren Woods Secondary Plan which is expected to be finalized within a year. This Secondary Plan will reflect current housing mix, density and environmental policies of the Province and the City and will provide a framework to guide development of the subject land. The Secondary Plan will result in significant changes to the subdivision that will necessitate a new Plan of Subdivision application. The developer's agent has submitted a request for an extension to draft plan approval (see attached letter). Due to ongoing work with respect to stormwater servicing in the Warren Creek watershed area, the applicant wishes to maintain the existing residential draft approval status for the land and undertake design modifications in the future as was done for the Warren Woods (East) proposal. Staff are of the opinion that a further extension until December 18, 2011 (the expiry date of the Warren Woods East draft plan approval) is appropriate to allow time for the applicant to consider development options once the Secondary Plan is finalized. As well, additional time will be provided to complete the necessary stormwater management plan. However, given that a new Plan of Subdivision application will be required for the redesign of the subdivision, there should be no further extensions of draft approval once the Secondary Plan has been adopted by Council. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Draft Plan of Subdivision ► Appendix "A" - Letter from Chris Millar, Upper Canada Consultants, on behalf of Warren Woods Land Corporation ► Appendix "B" - Letter from Regional Municipality of Niagara Recommended by: Respectfully submitted: A.Bryce:gd Attach. Al x Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2010 \PD- 2010 -71, Warren Woods (West), Extension of Draft Plan Subdivision.wpd August 30, 2010 - 3 - PD- 2010 -71 Extension to Draft Plan Approval Warren Woods (West) 26T -96001 (Revised) 111111111111111 Subject Land VIA K G SJZeq 009lkhaduks\SubcivisionlWartatWOOdAmappi9 •map SCHEDULE 1 Location Map W - - E Scale I:NTS July 2009 August 30, 2010 -4- PD- 2010 -71 August 30, 2010 - 5 - APPENDIX A PD- 2010 -71 UPPER CANADA CONSULTANTS ENGIN,' FRS iI'CANNFR.S July 1, 2010 UCC FileIt: 0787 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Mr. Andrew Bryce, M.C.I.P., R.P.P. - Planner 2 Dear Mr. Bryce Re: Extension of Draft Plan Approval - 26T - 96001 We would like to request that the City of Niagara Falls process the extension of Draft Plan Approval for the west Warren Woods subdivision (26T- 96001). The extension is necessary due to outstanding matters related to the completion of the Garner South Secondary Plan and City of Niagara Falls capital works funding for drainage channelization. We request an extension be considered that would align with our client's existing Draft Approval of the east Warren Woods subdivision (26T- 11- 2006-02) which is carries an expiry date of December 18 2011. This date Is suggested in effort to ease administration through alignment of these expiry dates should future extensions be necessary. Our client has continued working diligently to address the outstanding concerns related to the existing approvals. The required city and regional fees will be forwarded immediately to your attention under separate cover. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Respectfully submitted by, UPPER CANADA CONSULTANTS Chris Millar. M.C.I.P., R.P.P. Manager of Planning Projects cc Peter Colosimo, M.C.I.P., R.P.P., Region of Niagara Ken Mech, City of Niagara Falls, Bob O'Dell, Warren Woods Land Corporation Ed Longhouse, Warren Woods Land Corporation Upper Canada Planning & Engineering Ltd. 261 Martindale Road Unit :1 St. Catharines. ON 12W IAI Phone 905 -688.9400 fax 9o5- Niti -52' -1 JUL 0 7 20`i Rurltngtnn St. Catharines PLANNING : VELOP August 30, 2010 - 6 - APPENDIX B PD- 2010 -71 Niagara A f Region Building Community Building Lives August 18, 2010 File: D.18 04 SD -00421 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St , 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Request for Extension of Draft Approval Warren Woods (West) Draft Plan of Subdivision 26T -96001 (Revised) City of Niagara Falls PUBLIC WORKS DEPARTMENT Development Services Division 2201 St David's Road, P O Box 1042 fhorold, ON [2V 4T7 Tel: 905-685-1571 Tol I- free:1- 800 -263 -7215 lax: 905- 687 -8056 www niagararegion .ca Regional Development Services staff has reviewed the request for extension of draft approval for the Warren Woods (West) draft Plan of Subdivision. Original draft approval was granted in 1998 for the property to the south of McLeod Road, and immediately east of Garner Road, west of Kalar Road, and north of the hydro corridor. In 2008, a new (modified) subdivision plan, Warren Woods East (fife 26T -11- 2006 -02), was granted draft approval for the easterly portion of the property. The remaining westerly portion of the lands (Warren Woods West) is maintained under the original 1998 draft approval with the most recent extension set to expire in November, 2010 An extension of draft approval to December, 2011, is being requested to provide additional time for matters related to the completion of the Garner South Secondary Plan and the City's capita! works funding for drainage channelization. Regional staff offers the following comments on the requested extension for Warren Woods (West). Since original draft approval, the Places to Grow Growth Plan was established, the Region's Core Natural Heritage map was introduced, Environmental policies were updated, and Regional Policy Plan Amendment 2 -2009 was adopted. The Warren Woods (West) land is within a designated Greenfield area under the Places to Grow Growth Plan and the Regional Policy Plan Greenfield areas are to be planned in a manner that contributes to a complete community with a diverse mix of land uses, employment and housing types, quality open space, and improved accessibility to local stores and services To this end, complete communities meet the daily needs of residents by providing convenient access to a mix of jobs, local services, a range of housing and community infrastructure including affordable housing, schools, recreation and open space. Designated Greenfield areas must achieve a minimum density target that is not less than 50 residents and Jobs combined per hectare August 30, 2010 -7- PD- 2010 -71 The Region's Core Natural Heritage Map identifies an Environmental Protection Area, associated with a Provincially Significant Wetland, on the easterly portion of the lands as well as to the north on the adjacent lands Plans of subdivision that have received draft approval prior to the adoption of the Region's environmental policies (December 2005) are not subject to the Environmental policies in sections 7A and 7B; however, if draft approval lapses or is withdrawn, the Environmental policies would apply to subsequent planning applications. It should be noted that the Niagara Peninsula Conservation Authority may have regulations related to the wetland, and should be consulted on this extension request The Warren Woods (West) plan is made up of four large Blocks of land for residential development In a letter dated September 8, 2009, from the City to Upper Canada Consultants, City staff advised that new subdivision design and applications are needed, rather than the continuation of extensions to draft approval These will address current environmental requirements, housing mix, and density targets, as well as the policies of the proposed Secondary Plan for the area The Garner South Neighbourhood Secondary Plan is well underway and the City has also drafted new Environmental policies The Secondary Plan and new Environmental policies will provide direction for future development within the Warren Woods (West) draft plan of subdivision Regional staff supports the City's previous opinion that new subdivision applications should be submitted rather than grant continuous draft extensions; however, the Region has no objections to a one year extension of draft approval to provide additional time for the completion of the Garner South Secondary Plan and Environmental Policies. After this, no further extensions of draft approval should be granted and new subdivision application(s) should be submitted for this area If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Marilyn Radman, Manager of Planning_ Please send notice of the City's decision with regard to this application Yours truly, Sue Mabee Planner SM/ Cc. Councillor Smeaton 2 Niagaraaalls fA \AUA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -18 Arts & Culture Wall of Fame Policy Revision and 2010 Inductees RECOMMENDATION 1. That Council approve the attached revision to the Arts & Culture Wall of Fame Policy. 2. That Council approve the following 2010 Arts & Culture Wall of Fame Inductees: EXECUTIVE SUMMARY BACKGROUND Jacqueline R. Baldini James Cameron (pending final permission /approval) Leroy Edward Emmanuel Greg Frewin Steve Karliski Garry Rigby R &C- 2010 -18 August 30, 2010 The Arts & Culture Committee hosts the Niagara Falls Arts & Culture Wall of Fame Induction Ceremony, annually each Fall. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present, as well as the works -of -art that reflect the best of Niagara Falls. The 2010 Induction Ceremony is scheduled for Saturday, October 30, 2010. On July 22, 2010, the Arts & Culture Committee passed a motion to accept a revision to the Arts & Culture Wall of Fame Policy, Nominee Selection section. IT WAS MOVED BY Cheryl Wyllie, seconded by George Vallo, that the recommended revision be adopted as follows: August 30, 2010 - 2 - R &C- 2010 -18 "2. Nominees must illustrate the following to be inducted: a) Outstanding achievement in their artistic or cultural field; b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; c) A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time." Motion Carried On August 9, 2010, the Arts & Culture Awards Sub Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2010 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions; and 3. To ensure that works -of -art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) outstanding achievement in their artistic or cultural field; b) a measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally or internationally; c) a person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time; d) community sponsors must have a minimum of five (5) years of significant contribution. The categories of induction are as follows: 1. Community Builder(s): an individual(s) who has made outstanding contributions to the community's arts and culture for an extensive period of time. 2. Artist(s)/Work(s) of Art: an individual(s) or form of art who /that has been recognized for their /its outstanding contribution or has brought significant recognition to Niagara Falls. 3. Community Sponsor(s): an individual(s), business, or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community. August 30, 2010 - 3 - R&C- 2010 -18 ANALYSIS /RATIONALE A revision to the Arts & Culture Wall of Fame policy was suggested in order to enable the Committee to recognize artists who meet all of the policy requirements with the exception of physically residing in Niagara Falls. The revision is intended to include those artists who select Niagara Falls as the venue for their art for a significant period of time. Without residing in the municipality they bring significant recognition to Niagara Falls and /or create a measurable impact on the Niagara Falls community which is illustrated municipally, provincially, nationally or internationally. LIST OF ATTACHMENTS 1. Revised Arts & Culture Wall of Fame Policy 2. Background Information on 2010 Arts & Culture Wall of Fame Inductees Recommended by: Respectfully submitted: BA Kathy Moldenhauer, Manager of Policy and Community Development Ken Todd, Chief Administrative Officer Attachment 1: R &C- 2010 -18 DEPARTMENT: RECREATION & CULTURE DATE EFFECTED: May 8, 2006 DATE OF REVISION: October 16, 2006 July 22, 2010 POLICY: Arts & Culture Wall of Fame Report: R- 2006 -17 R- 2006 -29 R &C- 2010 -18 Purpose: The Arts & Culture Committee's Purpose is to foster, develop and unite artistic and cultural activities in the community. Through an Arts & Culture Wall of Fame initiative the community will have the opportunity to celebrate the many outstanding accomplishments of its past and present citizens, as well as the works of art that reflect the best of Niagara Falls. Objectives: POLICY SECTION: 1000.51 Page 1 of 3 1. to serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. to ensure that both past and present residents receive due recognition for their artistic and cultural contributions; 3. to ensure that works of art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. PROCEDURES 1. Wall of Fame Nomination Forms are available for public nomination through the Arts & Culture Committee's web page: www.artsceneniagara.com or at the Parks, Recreation & Culture office at the MacBain Community Centre. Completed Nomination Forms will be accepted throughout the year. 2. The deadline for nominations is July 30th of each year. Nominations received after this date will be considered as a nomination for the following year's Wall of Fame induction. 3. Depending upon the Nominee, the Awards Sub Committee may call upon specialists in the appropriate field to assist in the selection. 4. Nominations approved by the Awards Sub Committee shall be forwarded to the Arts & Culture Committee for formal motion. Staff to prepare a report to Council for final approval. 5. Nominees elected by the Arts & Culture Committee shall be publicly presented in the Fall at a date and time determined by the Committee. 6. There shall be no publicity as to the proposed nominees or voting at anytime. The only names released to the public shall be those selected to be inducted into the Wall of Fame at a date determined by the Awards Sub Committee. 7. No current member of the Arts & Culture Committee can be installed on the Wall of Fame. SECTION: 1000.51 Page 2 of 3 Conduct of Wall of Fame Meetings 1. Wall of Fame meetings will be the responsibility of the Awards Sub Committee and shall be held as necessary to adequately deal with the business of the Wall of Fame and to examine public input respecting Nominees. 2. When dealing with nominations to the Wall of Fame, meetings of the Awards Sub - Committee shall be held in camera. 3. Three (3) members of the Awards Sub Committee shall constitute a quorum for the transaction of business. All members of the Arts & Culture Committee are invited to assist with the selection process and are entitled to vote. A Parks, Recreation & Culture Staff will sit on the Sub Committee in an advisory position. 4. Committee Members will state a conflict of interest in advance of the meeting and remove themselves from discussion and voting for the particular Nominee in question. Nominee Selection I. There shall be three (3) categories of induction: a) Community Builder(s): an individual(s) who has made outstanding contributions to the community's arts and culture, for an extensive period of time. b) Artist(s)/Work(s) of Art: an individual(s) or form of art who /that has been recognized for their /its outstanding contribution or has brought significant recognition to Niagara Falls. c) Community Sponsor(s): An individual(s), business or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community. 2. Nominees must illustrate the following to be inducted: a) Outstanding achievement in their artistic or cultural field b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution 3. Up to twelve (12) inductees will be chosen for the initial launch to take place in November 2006.Up to six (6) inductees per year may be inducted in the Fall of each following year. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. 4. Inductees receiving recognition on the Wall of Fame will also be showcased on the "Virtual Wall of Fame" on the Arts & Culture Committee's web page. 5. Inductees will receive a personal plaque that will state their name and year of induction. SECTION: 1000.51 Page 3 of 3 6. Each nomination must be submitted in writing on the appropriate Nomination Form and contain, but not be limited to, the following: a) Nominator's name, address, telephone, and email address; b) A brief biography of the Nominee that includes date and place of birth; c) Details of the Nominee's awards or recognition; d) Number of years the Nominee resided in Niagara Falls; e) The nominator's relationship with the Nominee; f) The Nominee's approval (family representative or agent, if Nominee is deceased); g) A 8" x 10 ", colour or black and white, professional quality photo of the Nominee. 7. The nomination form must be properly and completely filled out with all the information requested. Incomplete forms will be sent back to the Nominator and may not be eligible for the current year's consideration. 8. Further information may be required by the Awards Sub - Committee to evaluate the Nominee's candidacy. The Nominator or other sources will be contacted/researched to assist in this endeavour. 9. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. All Nomination Forms, applicable documentation and photos will become the property of the Niagara Falls Arts & Culture Committee and therefore not returned to the Nominator unless specifically requested. Care & Maintenance of the Wall of Fame 1. The Awards Sub Committee will determine the appropriate care and maintenance of the Wall of Fame in consultation with the Parks, Recreation & Culture Staff and the venue operators. 2. Parks, Recreation & Culture Staff shall maintain an archive composed of an information file on each Nomination and Inductee. The information will be gathered by the Awards Sub - Committee for deposit in the Wall of Fame Archive. Attachment 2: R &C- 2010 -18 Wall of Fame 2010 Nominees Jacqueline R. Baldini J. R. Baldini was born in New York in 1949 and for the past 16 years has lived and worked in Niagara Falls Canada. She is the Executive Director and Founder of International Plein Air Painters. She organized the first International Worldwide Paint Out for Plein Air Painters in 2003. She holds the degree of Master of Photography, earned for the excellence in international competitions and educational achievements from Professional Photographers of America and a Craftsman degree earned by publishing articles, teaching workshops, and presenting educational programs to other professionals. Jacqueline currently instructs workshops in several countries and has been a plein air painter for over 30 years. James Cameron James Cameron was born in Kapuskasing, Ontario in 1954 and grew up in Chippawa. It was in Chippawa where he developed his creative energy and tireless work ethic. His father was an electrical engineer and his mother was an artist. She encouraged her son to paint and helped to arrange an exhibition for him at a local gallery. He attended Stamford Collegiate. A natural leader he led his friends on many adventures including building rockets and catapults. In high school he wrote sci -fi stories and was an avid reader. Stanley Kubrick's "2001: A Space Odyssey" (1968) inspired his interest in film. Cameron worked his way up in film to world renowned status with numerous credits in acting, directing, producing, writing, and more. Although the credits are too many to list two in particular writing and producing credits stand out - Titanic and Avatar. Leroy Edward Emmanuel Leroy is known as a motown legend and the worlds most recorded spoon player. He was born in Atlanta, Georgia, in1946, and was raised in Detroit, Michigan. He began his professional career at age 12 and has since toured all over the United States. He has resided in Niagara Falls for over 30 years playing the Fox Head, Castle Rock, teaching and sharing his talents with all. He has written and performed with the original motown players such as T -Bone Walker, Marvin Gaye, and Stevie Wonder, and has been recorded on too many records to list. Leroy continues to perform regularly with LMT Connection as the lead guitarist/vocalist selling out to crowds internationally. Greg Frewin Greg Frewin was born in Hamilton in 1967 and currently operates the Greg Frewin Dinner Theatre in Niagara Falls. He is one of the most decorated magicians in the world and "World Champion of Magic ". Greg presents his award winning Las Vegas magic revue show live in Niagara Falls. The family friendly show features large cats, showgirls and illusions. The Dinner Theatre opened in 2003 and Frewin has a 20 year performance contract. Both locals and tourists flock to the show. He has appeared on the world's top stages such as The Flamingo Hilton, Caesar's Palace and the Tropicana in Las Vegas, The Crystal Palace Casino in Nassau, Bahamas and has been featured in over 35 TV specials around the world. Greg is recognized by his peers all over the world as "The International Grand Champion of Magic ". He has won every major award in the world of Magic. He is the only magician ever in the World to have won the triple crown in magic. Greg was honored by the Canadian Association of Magicians with the first ever Magician of the year award. Steve Karliski Steve was born in Winnipeg, Manitoba in 1940. The Canadian -born songwriter died at the age of 65 at home in Niagara Falls, Ontario. In addition to songwriting he was also a singer who recorded. After moving to Nashville in the early 1960s, Steve Karliski chalked -up a long list of major hit songwriting credits, including the 1965 #1 hit "Yes, Mr. Peters," recorded by Roy Drusky and Priscilla Mitchell; and the 1967 #1 hit, "For Loving You," recorded by Bill Anderson and Jan Howard. Other artists to record a Karliski song included Billy Walker, Jack Greene, Freddie Hart, Norma Jean, Tommy Cash, Bobby Goldsboro, Waylon Jennings, Wayne Newton, Teresa Brewer, Johnny Western, Buddy Cagle, Stu Phillips, Earl Scott, Orville Couch, Lee Arnold, Stonewall Jackson, and Bill Anderson and Mary Lou Turner with their duet "Come Walk With Me." Steve was also instrumental in writing material for the soundtrack of the 1968 MGM movie "A Time To Sing," starring Hank, Jr.; and he wrote the title tune "Kiowa Jones" for the MGM film starring Robert Horton and Sal Mineo. While not a prolific recording artist himself, Steve Karliski did release the 1973 album, "Gotta Keep Movin "' (Perception Records), featuring his own versions of "Molly" and "For Loving You." Garry Rigby -2- Garry was born in Toronto in 1934 and has lived in Niagara Falls for 58 years. He has a long history of creating art in Niagara Falls. He was an early member of the Niagara Art Association and has taken lessons at several art institutions including a course at the Royal College of Art in Toronto. He joined the Niagara Falls Music Theatre Society in 1969 where he started designing and painting stage settings. He quickly became an accomplished designer and scenic painter doing work for Garden City Productions, "Oh Canada Eh! ", Niagara Falls Grand Dinner Theatre, Port Mansion Theatre in Port Dalhousie, and Shakespeare in the Vineyard at the Henry of Pelham Winery. He was commissioned by the Niagara Wood Carvers to design a large wooden plaque representing the Niagara Region. Gary was chairman of the Senior Adult Art branch of the Niagara Regional Exhibition for twelve years and was on the committee for creating the murals in Welland. He has created designs for many local businesses and schools and decorations for weddings and birthday parties. His most notable design was for a parade float "Maid of the Mist" for the Shrine Club. This float has promoted Niagara Falls in parades all over Canada and the United States. Gary is a gifted and prolific model maker. Many of his set design models are on display at the Firehall Theatre. He continues to be generous with his time and talent. Over the last 40 years he has left a substantial artistic mark on Niagara. R &C- 2010 -20 NiagaraJaps August 30, 2010 [A41UA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -20 Revised Municipal Alcohol Risk Management Policy RECOMMENDATION That Council approve the revisions to the Municipal Alcohol Risk Management Policy. BACKGROUND The Municipal Alcohol Risk Management Policy was developed and approved on May 1, 1996. The policy was revised and approved by City Council on February 14, 2005, and on March 31, 2008. As stated in the Policy Section10.0 Policy Monitoring and Revisions "That the policy be reviewed every year by the City of Niagara Falls' Senior Management staff and reported to the City of Niagara Falls Council with suggested policy changes, if required." ANALYSIS /RATIONALE Staff has reviewed the policy and recommends the following revisions. • Section 2, Areas Designated for Conditional Use of Alcohol Niagara Falls Memorial Arena, Stamford Memorial Arena and Jack Bell Arena have been removed. The Gale Centre and Patrick Cummings Memorial Sports Complex have been added to the list. • Appendix "D" - Areas Designated for Conditional Use of Alcohol The list of designated City facilities and rooms has been revised as above. • Appendix "E" - City of Niagara Falls and Special Occasion Permit and Catering Endorsement Holder Event Evaluation Form - This form has been deleted. FINANCIAL/STAFFING /LEGAL IMPLICATIONS City of Niagara Falls staff continue to enforce the Municipal Alcohol Risk Management Policy and review the policy as stated on an annual basis. August 30, 2010 - 2 - R&C- 2010 -20 CITY'S STRATEGIC COMMITMENT Parks, Recreation & Culture Strategic Plan, Action Plan #5: Develop policies to Support Service Delivery. Existing policies need to be reviewed on an annual basis to ensure the policy is reflecting current practices. Permit holders requested to provide alcohol at their event are informed of the Municipal Alcohol Risk Management Policy. The policy is an important risk management tool for the Corporation. LIST OF ATTACHMENTS Revised Municipal Alcohol Risk Management Policy Recommended by: Approved by: ,A,/(r(z‘Z0tit,i,,(Jw Kathy Moldenhauer, Manager of Policy and Community Development Ken Todd, Chief Administrative Officer THE CORPORATION OF THE CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY MAY 1, 1996 (Revised February 14, 2005 2nd revision March 31, 2008 3rd revision August 30, 2010) Alcohol Policy No. 1000.40 TABLE OF CONTENTS Preamble 1 1.0 Purpose of the Policy 2 2.0 Areas Designated for Conditional Use of Alcohol 2 3.0 Certification /Training 3 Smart Serve Program 4.0 Controls 4, 5 5.0 Statement of Intoxication 6 6.0 Accountability and Signage 7 7.0 Safe Transportation 8 8.0 Penalty 8 9.0 Enforcement Procedures for Policy Violations 8, 9 10.0 Policy Monitoring and Revisions 9 11.0 Applications 9 12.0 Insurance Policy 9 13.0 Noise Policy 10 Appendix "A" - Special Occasion Permit (S.O.P.) & Catering Endorsement Holder Agreement Appendix "B" - S.O.P. Accountability Appendix "C" - S.O.P. Holder & Certified or Trained Event Workers Appendix "D" - Areas Designated for Conditional Use of Alcohol PREAMBLE: The City of Niagara Falls owns and manages facilities where alcohol consumption is not permitted, and other facilities where alcohol consumption is permitted under the authority of a Special Occasion Permit or Catering Endorsement. The City of Niagara Falls has developed this Municipal Alcohol Risk Management Policy in order to: 1) prevent alcohol related problems that may arise from alcohol consumption within its' facilities, and 2) to promote a safe, enjoyable environment for those who use these facilities. A range of problems can arise from alcohol consumption. These problems can affect not only the person or persons consuming alcohol, but other people who use the facilities, and the general public. These problems may include: • Injuries to drinkers or other individuals • Liability action arising from alcohol related injuries or deaths • Loss of insurability should the insurer's risk assessment escalate • Increased insurance rates as a result of alcohol related incidents • Suspension or loss of alcohol permit privileges by the Alcohol and Gaming Commission of Ontario (A.G.C.O.) • Charges laid against the City under the Liquor Licence Act • Police being called to municipal property • Vandalism and destruction of City property • Loss of enjoyment by non - drinkers and moderate drinkers • Complaints lodged by offended parties • Reduction in use of facilities by people concerned about alcohol consumption • Loss of revenue due to reduced participation • Increased public concern about alcohol consumption In most cases, these problems will not be attributable to moderate drinkers, or to those who respect the rules regarding alcohol consumption. The majority of these problems arise from drinkers who engage in four specific drinking practices: • Underage drinking • Drinking in unlicenced areas • Drinking to intoxication • Drinking and driving CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY Page 1 of 15 To the extent that these four drinking practices can be reduced, the likelihood of alcohol related problems will correspondingly diminish. For those who do not engage in these targeted drinking practices, the policy will be minimally intrusive. The policy is not intended to stand in opposition to legal and moderate drinking. 1.0 PURPOSE OF THE POLICY Page 2 of 15 The Municipal Alcohol Risk Management Policy consists of a range of measures designed to prevent alcohol related problems and to increase the enjoyment of those who use City facilities. By reducing the potential for alcohol related problems, the City of Niagara Falls concurrently reduces users' loss of enjoyment of the facilities, reduces the risk of injury and death, reduces the risk of liability actions, and also reduces the users loss of enjoyment of the facilities. 2.0 AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL The consumption of alcoholic beverages is prohibited in the majority of City facilities. Niagara Falls City Council may change the designation of any site at their discretion. The following municipal facilities are eligible to be designated as suitable for Special Occasion Permit and Catering Endorsement (S.O.P.) functions: • Chippawa Willoughby Memorial Arena • Gale Centre • MacBain Community Centre • Oakes Park • Patrick Cummings Memorial Sports Complex • W.L. Houck Park • M.F. Ker Park • C.W. Palmer Park • Chippawa Lions Park • City Hall / Centennial Square • Firehalls: • Chippawa - Station #4 • Crowland - Station #6 • Service Centre • Firehall Theatre • Lundy's Lane Historical Museum • Coronation 50 Plus Senior Centre • Niagara Falls Main Library • Municipal streets as approved by Council Each facility is specified in Appendix "D ". 2.1 That all other Municipal Owned properties shall not host Special Occasion Permit (S.O.P.) or Catering Endorsement Events. They are known as: • All outdoor Municipal Pools shall not host Special Occasion Permit or Catering Endorsements Events as they are not an approved area for a gathering • All dressing rooms at arenas and field houses at parks • E.E. Mitchelson and Kalar Road Soccer fields as they are Youth Oriented Facilities • All other open green areas, namely municipal parks and playground areas owned and maintained by the Corporation of the City of Niagara Falls All Municipal Works Areas Niagara Falls Library branches with the exception of the main Library 3.0 CERTIFICATION/TRAINING: SMART SERVE PROGRAM In order to rent a City of Niagara Falls facility for a Special Occasion Permit, the event sponsor must utilize bartenders, ticket sellers, floor monitors, etc. with certification from a recognized Ontario based server program. Proof of certification or training must be provided two (2) weeks prior to the event. The SMART SERVE Program (formerly known as SIP) prepared by the Hospitality Industry Training Organization of Ontario, is approved by the A.G.C.O., and is endorsed by the Ministry of Consumer and Commercial Relations. It introduces participants to the following topics: • Alcohol and the Law • Facts about Alcohol • Standard Drink Concept • Managing the Intoxicated Person • Drinking Rates and Limits • Establishing House Policies • Signs of Intoxication Page 3 of 15 The municipality, by requiring the presence of trained monitors, servers and ticket sellers at alcohol - related events, is better able to discharge its responsibilities as the owner of the facility. Caterers and licenced stadia are required by law to have all personnel trained by a recognized Ontario based server program. For information on the Smart Serve program call (416) 695 -8737 or toll free at 1- 877 - 620 -6082. Training is available on -line www.smartserve.org. 4.0 CONTROLS Page 4 of 15 In order to be eligible for a facility permit for a S.O.P. function, the sponsor must demonstrate, to the satisfaction of the Director of Recreation and Culture or his/her designate, that there are sufficient controls in place to prevent intoxicated or rowdy people from entering the event, and that the aforementioned participants will be refused service and escorted safely from the event. These controls will include: 4.1 That only an age of majority card, a photo driver's licence, military identification, or a passport as identification be accepted for being served or consuming alcohol. 4.2 That all entrances and exits to the event be supervised. 4.3 That a ratio of one (1) floor monitor for every fifty (50) participants be utilized. 4.4 That with a minimum of one monitor, who must be trained, the area outside the licenced area at the event be patrolled as per A.G.C.O. regulations. 4.5 That a limit of four (4) drink tickets be permitted to be purchased by one person at any one time. All unused tickets are redeemable. 4.6 That a limit of four (4) drinks be served to one person at any one time. 4.7 That there be no "last call" announced. 4.8 That single fence of minimum height of four (4) feet high being securely erected will be allowed if the Alcohol and Gaming Commission regulations on the specific permit allows for minors to be present within the permits' designated area, further that if minors are not allowed under Alcohol and Gaming Commission permit, then double fencing of a minimum height of four (4) feet, securely erected will remain a requirement. 4.9 That non alcoholic beverages and food be available at all times. Snacks such as chips, peanuts or popcorn are not acceptable as a food option. It is recommended that non alcoholic beverages be provided at no charge or at cost significantly lower than alcoholic beverages. 4.10 That 50% of bottle and draft beer served be classified as "light ", and be posted with the S.O.P. permit. 4.11 That no high alcohol (greater than 5 %) beer be sold. 4.12 That alcohol not be offered or given as a prize in a contest. 4.13 No Advertising of the Sale of Alcohol at the Events is permitted at facilities that are frequented by youth. 4.14 That any beverages being served at a S.O.P. function will be served in plastic or paper containers. 4.15 That no marketing practices which encourage increased consumption, i.e., oversized drinks, double shots, pitchers of beer, drinking contests, volume discounts, will be permitted. Event Worker Control Responsibilities: Sponsor/Event Organizer Control Responsibilities: Page 5 of 15 4.16 That Recreation & Culture reserves the right to require the presence of off -duty police officers /security staff to be present for the duration of the event, the cost to be borne by the applicant. 4.17 That all event workers (monitors, bartenders, servers and ticket sellers, etc.) must be of the age of majority, and certified by a recognized Ontario based server program.. 4.18 That all event workers (monitors, bartenders, servers, and ticket sellers, etc.) must refrain from consuming alcohol prior to and during the event. 4.19 That all monitors, bartenders, servers, and ticket sellers, acting in official capacity at the event, must wear an I.D. name tag approved by Recreation & Culture. 4.20 That the sponsor provide a list of monitors, bartenders, servers and ticket sellers with their proof of certification or training when application is made for the special event, and that such list shall be posted with the group's S.O.P. See Appendix "C" 4.21 That the person whose name is on the S.O.P. be certified from a recognized Ontario based server program or received training through the City of Niagara Falls. 4.22 That any incident or violation of the Municipal Alcohol Risk Management Policy which may endanger participants at the S.O.P. function, or off the premises of the S.O.P. function, shall be the responsibility of the S.O.P. permit holder. 4.23 That the person signing the S.O.P. must be present at the event, or his/her designate(s) (who shall be named) being the person(s) responsible for the event. 4.24 The person signing the S.O.P. or his/her designate is responsible for decision - making during the event, and therefore, must refrain from consuming alcohol prior to or during the event. 4.25 That the S.O.P. permit holder has the right to refuse admittance to persons who are under age, or to an individual who appears intoxicated. 5.0 STATEMENT OF INTOXICATION Page 6 of 15 Signs will be displayed indicating that it is illegal to serve participants to a state of intoxication. The sign will be placed near the serving area in each licensed facility and will read: It is against the Liquor Licence Act of Ontario for licensed establishments to serve customers to intoxication. Servers in our facilities are required to obey the law and not serve anyone to intoxication. We believe that people use our facilities for enjoyable social gatherings, and we are happy to provide this opportunity. Should you wish a non - alcoholic drink, request a soft drink, coffee or other alternative. Should you wish a smaller portion of alcohol, request a low- alcohol beer, wine or mixed drink. RATIONALE CITY OF NIAGARA FALLS COMMUNITY SERVICES DEPARTMENT • It is a Provincial Offence to serve someone to intoxication. • Provisions in the Liquor Licence Act authorize servers of Liquor to cut off over indulgent consumers. • Individuals /groups named on Special Occasion Permit or Catering Endorsements and facility owners are responsible for the safety and sobriety of the people attending the event. 6.0 ACCOUNTABILITY AND SIGNAGE Signs must be prominently posted at all Special Occasion Permit and Catering Endorsement functions informing the public where they can direct their concerns. The sign will name the sponsor of the event, the name of the Special Occasion Permit or Catering Endorsement holder, the addresses and telephone numbers of the City of Niagara Falls Recreation & Culture, the Niagara Regional Police and the Alcohol and Gaming Commission. Additional signs identify the need for a permit and it is against the law to serve a person beyond the point of intoxication. Depending on the final designation, the minimum requirements for the sign size shall be 24 inch wide by 14 inches high. There shall be uniformity in the signs outlining: Sign "A" • Event Sponsor Name of Special Occasion Permit or Catering Endorsement Holder • • • City of Niagara Falls Recreation & Culture 7150 Montrose Road, Unit 1, Niagara Falls, Ontario L2H 3N3 Telephone: (905) 356 -7521, Extension 3330 After Hours: (905) 356 -1355 Niagara Regional Police Service 4343 Morrison Street Niagara Falls, Ontario (905) 688 -4111, Ext. 3338 Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue E., Suite 200 Toronto ON M2N 0A4 (416) 326 -8700 1- 800 -522 -2876 Toll Free in Ontario Page7of 15 Sign "B" • Alcohol Beverages by Special Occasion Permit or Catering Endorsement Only - Violators immediately forfeit all rights to the use of facility. Sign "C" • No Alcohol Beverages Permitted - Violators immediately forfeit all rights to the use of facility. RATIONALE It is not possible for the police and Liquor Licence Inspectors to check on all Special Occasion Permit and Catering Endorsement functions. The signs serve notice to the permit holder that while enforcement personnel may not attend the event, concerned participants will know where to lodge a complaint. 7.0 SAFE TRANSPORTATION Examples: • • • 8.0 PENALTY RATIONALE 9.0 ENFORCEMENT PROCEDURES FOR POLICY VIOLATIONS Page 8 of 15 That only individuals, groups or organizations implementing a safe transportation strategy involving a designated driver program combined with an additional alternate home transportation option (to prevent intoxicated participants from driving) be permitted rental/use privileges of facilities for Special Occasion Permit and Catering Endorsement functions. Designated Driver Program to be advertised at event Designated Driver to be identified to servers and monitors Designated Driver to receive free or low cost non - alcoholic drinks (i.e. coffee, pop, juice) Intoxicated person to be driven home by a sober friend whom will assume the responsibility of the intoxicated person and that the details be so documented by the Licensed Group or be provided with a taxi ride home. Any individual or group bringing alcohol onto designated municipal properties must have a Special Occasion Permit or Catering Endorsement. Special Occasion Permit or Catering Endorsement Holders violating city policy and procedures and/or the Liquor Licence Act may be refused future rental privileges. Future rentals to such individuals or groups will depend on them demonstrating to the Director of Recreation & Culture or designate and City Council that all the rules will be followed at future functions. Policy violators must be penalized so as not to jeopardize the use of the facility by other responsible organizations or individuals. The Alcohol and Gaming Commission of Ontario has the authority to refuse to issue Special Occasion Permit or Catering Endorsements for a particular premise if there has been evidence that the laws had been violated during the event. 9.1 A violation of this policy occurs when the Special Occasion Permit or Catering Endorsement holder fails to comply with the conditions of the Liquor Licence Act of Ontario, or the Municipal Alcohol Risk Management Policy. Intervention can be initiated by a participant at the event, a City of Niagara Falls staff member, a member of Niagara Regional Police, or an Inspector of the Liquor Licence Board of Ontario. 9.2 A member of the organizing group, the S.O.P. holder, or monitor may intervene by informing the offending individual(s) of the policy violation and asking that it stop. Group members, the S.O.P. holder, and monitors are encouraged to intervene in this way because intervention at other levels could result in a loss of privileges and legal charges. 9.3 A City of Niagara Falls staff member will intervene whenever he or she encounters a violation of the policy. Depending upon the severity of the policy infraction, City of 10.0 POLICY MONITORING AND REVISIONS 11.0 APPLICATIONS 12.0 INSURANCE POLICY Page 9 of 15 Niagara Falls staff may ask the organizers of the event to stop the violation, or they may close down the S.O.P. portion of the event. Should the organizers fail to comply, staff members may call the police for enforcement. 9.4 Where the Special Occasion Permit or Catering Endorsement holders have violated the Municipal Alcohol Risk Management Policy, and have been warned by a City of Niagara Falls staff member, the sponsoring organization will be sent a registered letter advising of the violation, and indicating that no further violations will be tolerated. 9.5 Should the Special Occasion Permit or Catering Endorsement holder violate the policy within one year of receiving notice of their first violation, the organizers will be suspended from Special Occasion Permit or Catering Endorsement privileges at all municipal facilities for a period of one year. A registered letter will be sent to the S.O.P. holder and sponsoring organization advising of the suspension. A copy of the suspension letter will be provided to Niagara Falls City Council. 9.6 A member of the Niagara Regional Police or an Inspector from the Alcohol and Gaming Commission of Ontario may intervene in a violation of this policy on his or her initiative, or in response to a request from either a City of Niagara Falls staff member or a member of the general public. Depending upon the severity of the infraction, charges may be laid under the Liquor Licence Act of Ontario, or any other relevant legislation. That the policy be reviewed every year by the City of Niagara Falls Senior Management staff and reported to the City of Niagara Falls Council with suggested policy changes, if required. Liquor Licence applications are approved by the A.G.C.O. All groups wishing to utilize a City owned facility for the serving of alcohol at a special event must also obtain approval from City Staff. Applications for use of City facilities can be obtained from the Recreation & Culture office. The forms should be completed and submitted to the Recreation & Culture office 21 days prior to the event. Individuals or groups sponsoring a Special Occasion Permit or Catering Endorsement function at a facility listed in the Municipal Alcohol Risk Management Policy, must show proof to the Director of Recreation & Culture or his/her designate at least two (2) weeks prior to the event, that they have a minimum of $5,000,000.00 Liquor liability insurance coverage and that the City of Niagara Falls is named as co- insured. The permit holder will indemnify and save the City of Niagara Falls harmless from all claims arising from the permit or event. 13.0 NOISE POLICY Page 10 of 15 That the Special Occasion Permit and Catering Endorsement be also governed by the Municipal Noise Bylaw 2004 -105. As per the aforementioned by -law, the playing of music either by band, DJ, radio or other forms at special events held outdoors, sanctioned by a Special Occasion Permit or Catering Endorsement on Municipal Property, cease by 9:00 P.M. each day that their Special Occasion Permit or Catering Endorsement covers. The process for requests for exemptions under the Municipal Noise Bylaw are outlined under Section 7 of said by -law (By -law 2004 -105) and require, amongst other requirements, a written application with full particulars and supporting documentation to the Chief Building official. APPENDIX "A" Special Occasion Permit (S.O.P.) or Catering Endorsement HOLDER AGREEMENT (please print) NAME OF ORGANIZATION NAME OF PERMIT HOLDER CERTIFICATION SIGNATURE: Address: Phone No. Page 11 of 15 1. The Permit Holder has received and reviewed a copy of the Municipal Alcohol Risk Management Policy. 2. The Permit Holder agrees to adhere to the conditions of this policy and the Liquor Licence Act of Ontario. 3. The Permit Holder understands that if an infraction of the policy occurs, the City of Niagara Falls may warn or suspend the organization from A.G.C.O. permit privileges to use City facilities for one year. 4. The Permit Holder understands that they can be held liable for injuries and damage arising from failure to adhere to the Liquor Licence Act of Ontario, or from otherwise failing to take action that will prevent foreseeable harm from occurring. 5. The Permit Holder understands that the Police and/or a Liquor Licence Inspector can lay charges for infractions of the Liquor Licence Act of Ontario or other relevant legislation. Permit Holder *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Agreement received by: Date: Day/Month/Year OFFICE USE Recreation & Culture Facility Owner Regional Police A.G.C.O. Alcohol & Gaming Commission of Ontario 90 Sheppard Avenue E., Suite 200 Toronto ON M2N 0A4 Telephone: (416) 326 -8700 Toll Free in Ont: 1- 800 -522 -2876 APPENDIX "B" S.O.P. ACCOUNTABILITY Name of Group Sponsoring Event Name of Special Occasion Permit or Catering Endorsement Holder Address and Phone Number of Permit Holder City of Niagara Falls Recreation & Culture 7150 Montrose Road, Unit 1, Niagara Falls, Ontario L2H 3N3 Telephone: (905) 356 -7521, Extension 3330 After Hours: (905) 356 -1355 Niagara Regional Police Service 4343 Morrison Street, Niagara Falls, Ontario L2E 6Z9 Telephone: (905) 688 -4111 Ext. 4220 Page 12 of 15 (Please Print) CERTIFIED OR TRAINED EVENT WORKERS (MONITORS /BARTENDERS/ SERVERS /TICKET SELLERS) (Please Print) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. APPENDIX "C" S.O.P. HOLDER & CERTIFIED OR TRAINED EVENT WORKERS S.O.P. HOLDER AND DESIGNATE(S) Use additional forms, if necessary. Proof of certification or training must be provided two (2) weeks prior to the event. Page 13 of 15 APPENDIX "D" AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL CHIPPAWA WILLOUGHBY MEMORIAL ARENA • Meeting Room • Roped -off lobby area • Ice floor area • East side of arena building GALE CENTRE • Niagara Falls Memorial Room • Convenor's Meeting Room • Community Boardroom • Main Corridor • Sleep Cheap Mezzanine CHIPPAWA LIONS PARK • Outside area, directly north of the Fire Hall Building • Chippawa Lions Hall • Curfew 11:00 p.m. C.W. PALMER PARK • Concession area • Curfew 11:00 p.m. MACBAIN COMMUNITY CENTRE • Community board room • Coronation Multi- purpose room • Main Lobby • Main - Purpose Room A, D, E M.F. KER PARK • Diamond #1 fenced area • Pitch #1 fenced area • Curfew 11:00 p.m. OAKES PARK • Entire fenced park area • Ball diamond side of park • Pitch and track side of park • East side of park fieldhouse building • Curfew 11:00 p.m. W.L. HOUCK • South side of park field house building • Curfew 11:00 p.m. Page 14 of 15 CITY HALL / CENTENNIAL SQUARE CORONATION 50 PLUS SENIOR CENTRE FIREHALL THEATRE LUNDY'S LANE HISTORICAL MUSEUM MUNICIPAL STREETS AS APPROVED BY COUNCIL NIAGARA FALLS MAIN LIBRARY SERVICE CENTRE FIREHALLS • Chippawa - Station #4 • Crowland - Station #6 Page 15 of 15 The City of Niagara Falls, Ontario Council Chambers No. Moved by Seconded by August 30, 2010 BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Account No. Capital Project Description Financing Retirement Request Term 12 -3- 730009 - 030000 Bob Gale Arena Complex $32,812,500 40 Years AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 2010 -84, to include a fee for the recovery of costs associated with emergency response related activities and, in particular, fire investigations. WHEREAS subsection 391(1) of the Municipal Act, 2001 (the Act ") allows a municipality or local board to pass by -laws imposing fees or charges on any class of persons; AND WHEREAS the Provincial Public Fire Safety guidelines require that, generally, the Office of the Fire Marshall only investigate fires where there is a provincial interest and the City's Fire Services has the responsibility to investigate all other fire occurrences within its jurisdiction; AND WHEREAS fire investigations are required in support of criminal investigations, inquests, workplace accident investigations and environmental investigations, all in cooperation with the Office of the Ontario Fire Marshal and the Niagara Regional Police Services Board; AND WHEREAS in 2004, the Office of the Ontario Fire Marshal stated that a formalized post fire evaluation should be conducted to ensure buildings comply with applicable codes and that infractions or violations did not contribute to the fire or casualties; AND WHEREAS such fire investigations are costly to the City and require considerable Fire Services Staff resources; AND WHEREAS on March 22, 2010, in adopting Report FS- 2010 -01 of the Community Services Committee, the Council of the City approved enacting a by -law to recover the costs associated with emergency response related activities and, in particular, fire investigations; AND WHEREAS in keeping with Report FS- 2010 -01, By -law No. 2010 -84, being the City's fees and charges by -law, will require amendment; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions: 1.1 Unless the context otherwise requires, the following terms have the meanings indicated: (a) "Actual Costs" means the amount identified by a contractor or other person retained by the City, for the services provided in the course of conducting a fire investigation; (b) "City" means The Corporation of the City of Niagara Falls; (c) "Fire Department" means the Fire Department of the City and includes its officers and members; -2- (d) "Owner" means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in the building or property. 1.2 To aid with the interpretation of this by -law, reference should be made to the Definitions section of the Ontario Fire Code. 1.3 In this by -law, a reference to an Act, regulation or by -law is to that Act, regulation or by -law as it is amended or re- enacted from time to time. 2. Fee for Fire Investigation Service: 2.1 When the Fire Department of the City is required to conduct a fire investigation either on behalf of the Owner of the building, the Office of the Ontario Fire Marshal, the Niagara Regional Police Services Board or in its continuing effort to identify community fire risk factors, a fee totalling the amount of the Actual Costs and $150.00 shall be imposed upon the Owner of the building. 2.2 Any payment that is not received by the Treasurer within three months of the invoicing date, may be added by the Treasurer to the tax roll of the Owner's property where the fire investigation was conducted and collected in the same manner as municipal taxes. 3. Amendment to By -law No. 2010 -84 3.1 Page 18 of Schedule "A" of By -law No. 2010 -84 is hereby amended by inserting the following line item at the end of the "Miscellaneous" section: "If it is necessary to retain Actual Costs Plus $150.00 N/A Actual Cost Plus private contractor, rent $150.00" special equipment not normally carried on a fire apparatus in order to determine origin and cause, suppress or extinguish a fire, preserve property, prevent fire spread, make safe or otherwise eliminate an emergency. (Actual Costs) 4. General: 4.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. -3- 4.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010. August 30, 2010. August 30, 2010. Passed this thirtieth day of August, 2010. First Reading: Second Reading: Third Reading: August 30, 2010. August 30, 2010. August 30, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to execute a Memorandum of Understanding with DataFix for the Municipal VoterView (MVV) Services. WHEREAS for the 2006 Municipal Election, the municipality purchased Municipal VoterView, an electoral data management program; and WHEREAS the Municipal VoterView program was invaluable for voter list maintenance, advanced poll vote tracking, polling station identification and voter notification card production; and WHEREAS Municipal Election staff would like to continue to use the Municipal VoterView for the upcoming municipal election THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Memorandum of Understanding between The Corporation of the City of Niagara Falls as City and DataFix respecting the purchase of Municipal VoterView (MVV) Services, subject to the terms and conditions as set out in the Memorandum of Understanding, as attached hereto, is hereby approved and authorized. 2. The Clerk be hereby authorized to execute the said Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Memorandum of Understanding. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR - And - DatafFix Between The City of Niagara Falls Service Agreement For Internet Voter Lookup (IVL) Services Hereinafter "City" Comprint Systems Inc., Carrying on Business as DataFix Hereinafter "DataFix" Page 1 1 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 Internet Voter Lookup - Service Agreement DataFix Contents 1. Introduction 3 2. Purpose 3 3. Services /Hosting Environment 3 4. Internet Voter Lookup (IVL) 3 5. Term of Agreement 4 6. Fees and Payment Terms 5 7. Cancellation /Termination 5 Page 1 2 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 Internet Voter Lookup - Service Agreement DataFix 1. Introduction Municipal VoterView (MW) is an Internet -based application designed to provide municipal elections officials with an electronic view of their electoral information including the ability to make corrections to the list, to access various voter counts needed for electoral planning. In addition to its List Management services, MVV also offers Internet Voter Lookup (IVL) which allows electors the ability to determine if they are on the voters' list. 2. Purpose This Agreement is intended to identify and confirm the service levels and support technology requirements for Internet Voter Lookup services for The City of Niagara Falls. 3. Services /Hosting Environment The MW Application service for The City of Niagara Falls will also include Internet Voter Lookup Services. 4. Internet Voter Lookup (IVL) The Internet Voter Lookup service will allow voters within The City of Niagara Falls to check the Voters' list to ensure they are registered to vote as well as determine their voting location. Based on a query from a voter, a "Yes" or "No" confirmation will be provided. In addition, the polling location for the address they specify will also be provided. Page 13 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 Internet Voter Lookup - Service Agreement DataFix The URL for the IVL service will be that of The City of Niagara Falls and there will be no reference to DataFix. The IVL service will accept HTTP Get, HTTP Post or SOAP requests. DataFix will provide The City of Niagara Falls the following for the Internet Voter Lookup: 1. A user interface for the IVL service to be operated by The City of Niagara Falls and from the City's own Website. 2. Database maintenance. 3. Query results presented in an XML format. 4. Example code for the initial set of the IVL on the City's website. 5. Appropriate passwords for operating the IVL service. The City of Niagara Falls will be responsible for creating the user interface required, maintaining the web server and hosting the site. 5. Term of Agreement This Agreement will become effective from the date of signing to December 31, 2010. On or before December 31, 2010, this Agreement can be renewed to provide ongoing elector information management services. Page 1 4 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 Internet Voter Lookup - Service Agreement DataFix 6. Fees and Payment Terms The fee for providing Internet Voter Lookup service is $2,100.00 plus applicable taxes. 6.1 Payment Terms • An invoice for $1,050.00 plus applicable taxes will be forwarded to you upon receipt of a signed agreement. • An invoice for $1,050.00 plus applicable taxes will be forwarded to you in September 2010. 7. Cancellation /Termination Either party may terminate this agreement at any time by giving 60 days written notice to the other party. Page 1 5 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 Internet Voter Lookup - Service Agreement DataFix Approval The following concur with the contents of this Agreement: DataFix: The City of Niagara Falls: 40 University Ave Suite 1010 TORONTO ON M5J 1T1 Contact: Jim Stewart National Director Election Services c)1:5UQf James A. Stewart August 25, 2010 Date 4310 Queen Street NIAGARA FALLS ON L2E 6X5 Contact: Bill Matson DataFix Representative Municipality Representative Name (please print) Name (please print) Date Page 1 6 Internet Voter Lookup (IVL) The City of Niagara Falls August 25, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit the Lands to be developed for 30 townhouse dwelling units, 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 the uses permitted in a R4 zone, save and except for an apartment dwelling. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area for a 230 square metres for each dwelling unit townhouse dwelling (b) Minimum lot frontage 27 metres (c) Minimum front yard setback 5 metres (d) Minimum rear yard setback 5 metres (e) Minimum interior side yard 1 metre setback (f) Privacy yard depth for each 4.5 metres townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit (g) Maximum height of a building 12 metres or structure -2- (h) Decorative metal fencing, 1.2 metres in height, shall be maintained along and adjacent to the property line next to Main Street (i) No vehicular entrance shall be permitted along Main Street (j) Required parking may be provided in tandem (k) The balance of regulations specified for a R4 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 R4(H) and numbered 916 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. 10. The provisions of this By -law shall be shown on Sheet C5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R2 to R4(H) and numbered 916. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.916 Refer to By -law No. 2010- Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 S:\ZONING\AMS\2010 \By -I aws \Byam007.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- %/ Amending Zoning By -law No. 79 -200 Description: Pt Lt 14, PI 268 Village of Niagara Falls; Pt Lt 15, PI 268 Village of Niagara Falls; Pt Lt 19, E/S Main St, S of Lundy's Lane, PL 653, Abstracted as Blk 14 Village of Niagara Falls; Pt Lt 20 E/S Portage Rd, S of Lundy's Lane, PI 653, Abstracted as Blk 14 Village of Niagara Falls; Pt Lt 21, E/S Portage Rd, S of Ferry St, PI 653, Abstracted as BIk 14 Village of Niagara Falls; Pt Lt 22, E/S Main St, S of Lundy's Lane, PI 653, Abstracted as Blk 14 Village of Niagara Falls as in R0489445; S/T R0489445; Niagara Falls Pt Lt 21, E/S Portage Rd, S of Ferry St, PI 653, Abstracted as BIk 14 Village of Niagara Falls; Pt Lt 22, E/S Main St, S of Lundy's Lane, PI 653, Abstracted as BIk 14 Village of Niagara Falls, as in R0519503; Niagara Falls Pt Lt 20, E/S Portage Rd, S of Lundy's Lane, PI 653, Abstracted as Blk 14 Village of Niagara Falls; Pt Lt 21, E/S Portage Rd, S of Ferry St, PI 653, Abstracted as BIk 14 Village of Niagara Falls; Pt Lt 22, E/S Main St, S of Lundy's Lane, PI 653, Abstracted as BIk 14 Village of Niagara Falls, as in R0519910; Niagara Falls Applicant: Napev Construction Limited Assessment #s: 272507000204700; 272507000204800; 272507000204900 August 2010 K:\GIS_Requests\ 2010\ Schedule \ZoningAM\AM -07\mapping.map AM- 2010 -007 CITY OF NIAGARA FALLS By -law No. 2010- A by -law to amend By -law Nos. 2005 -93 and 79 -200, to permit a portion of the Lands to be used for residential purposes, subject to the removal of a holding (H) symbol, and to identify a portion of the Lands for park purposes. 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 Lands shall be identified as two parcels, known as Parcel OS and Parcel R5C -912. 3. The provisions of By -law No. 2005 -93 are hereby deemed to be of no force and effect on the Lands. 4. 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. 5. 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. 6. The permitted uses of Parcel OS shall be the uses permitted in an OS zone. 7. The permitted uses of Parcel R5C -912 shall be: (a) Townhouse dwellings, group dwellings and accessory buildings and accessory structures (b) The uses permitted in a R5C zone 8. The regulations governing the permitted uses on Parcel OS shall be the regulations in an OS zone. 9. The regulations governing townhouse dwellings, group dwellings and accessory buildings and accessory structures on Parcel R5C -912 shall be: (a) Minimum lot frontage 45 metres (b) The balance of regulations specified for a R4 use 10. The regulations governing a R5C use on Parcel R5C -912 shall be: (a) Minimum lot frontage 45 metres (b) Minimum rear yard depth 6 metres First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 S:\ ZONING \AMS\2010\By- laws\Byam009.wpd -2- (c) Maximum number of apartment no limit dwellings on one lot (d) Minimum building separation 19 metres between apartment buildings on the same lot (e) The balance of regulations specified for a R5C use 11. 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. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14. 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 R5C(H) and numbered 912 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. 15. The provisions of this By -law shall be shown on Sheet B5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from SC and numbered 653, in part, to OS, in part, and from OS, in part, and SC and numbered 653, in part, to R5C (H) and numbered 912, in part. 16. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.912 Refer to By -law No. 2010 - Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2010- Subject Land Amending Zoning By -law No. 79 -200 Description: Part of Pt Twp Lts 163 & 170 Stamford As In ST36775, Lying W Of RD91, Except Pt 2 59R6966, Except Pts 1 & 4 59R13152, Except Land Lying S Of Pt 1 59R13152; Niagara Falls Part of Pt Twp Lts 163 and 170 Stamford, Pts 1 & 4 59R13152; S/T Easement In Gross Over Pt 4 59R13152 As In SN130749; Niagara Falls 1:NTS Applicants: City of Niagara Falls McLeod Square Inc Assessment #s: PT 272509000646550; PT 272509000642750 K: \GIS_Requests\ 2010 \Schedule\ZoningAM\AM -09 \mapping.map AM- 2010 -009 July 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law Nos. 2005 -94 and 79 -200, to permit the Lands to be used for commercial purposes, 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 provisions of By -law No. 2005 -94 are hereby deemed to be of no force and effect on the Lands. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be the uses permitted in a GC zone. 6. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 60 metres (b) Minimum front yard depth (c) Minimum landscaped open space (d) The balance of regulations specified for a GC use 6 metres plus any applicable distance specified in section 4.27.1 of By -law No. 79 -200 6 metre wide landscape strip along and beside the front lot line 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. -2- 10. 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 913 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall: (a) provide proportionate contributions to improvements to the Queen Elizabeth Way/McLeod Road interchange to the satisfaction of the City; and (b) prepare an Environmental Impact Assessment in accordance with the policies of the Regional Policy Plan that will determine impacts on the woodlot to the east of the Lands and recommended mitigation measures to the satisfaction of the City and Niagara Peninsula Conservation Authority. 11. The provisions of this By -law shall be shown on Sheet B5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from SC and numbered 701 to GC (H) and numbered 913. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.913 Refer to By -law No. 2010 - Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 S: \ZONING \AM S\2010\B y- Iaws\Byam009 b. wpd SCHEDULE 1 TO BY -LAW No. 2010- Subject Land K: \GIS_Requests\ 2010 \Schedule \ZoningAM\AM- 09 \Mappi ng. map Amending Zoning By -law No. 79 -200 Description: Part of Pt Twp 163 Stamford; Pt Twp Lt 170 Stamford As In ST36775 (Secondly) Lying E Of Montrose Rd Except Pt 4 RD91 & Pt 1 59R830; S/T Easement In Gross Over Pt 2 59R13656 As In SN242135 (Permanent Easement); S/T Easement In Gross Over Pts 1 & 3 59R13656 As In SN242135 (Temporary Easement); Niagara Falls Applicant: City of Niagara Falls Assessment #: Part of 272509000642700 1: NTS AM- 2010 -009 August 2010 A by -law to provide for the adoption of Amendment No. 97 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 97 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 S: \OFFICIAL.PLN\AMEND \ #97 - Rosemary Cordasco\By- law_97.wpd CITY OF NIAGARA FALLS By -law No. 2010 - PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. 97 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by deleting Subsection 20 in its entirety and replacing it with the following: 14.20 SPECIAL POLICY AREA "20" Special Policy Area "20" applies to 0.18 hectares of land located on the west side of Montrose Road, between Chorozy Street and Alpine Drive. Notwithstanding the Residential designation of the land, clinic, office and /or personal service shop uses can occupy the exiting building to a maximum aggregate floor area of 228 square metres. These uses will be considered interim in nature in order to protect the long -term redevelopment of the land for multiple -unit residential purposes. S: \OFFICIAL.PLN\AMEND\#97 - Rosemary Cordasco \BODY.wpd CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used for offices, personal service shops and clinics. 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 shall be: (a) (b) (c) (d) The uses permitted in a R2 zone Office Personal service shop Clinic 5. The regulations governing the permitted uses shall be: (a) Maximum combined floor area of all offices, personal service shops and clinics (b) Maximum lot area which can be used as a surface parking area (c) Maximum width of driveway or surface parking area in the front yard of a lot (d) Maximum area of a rear yard which can be used as a surface parking area 228 square metres 45% of the lot area 90% of the lot frontage 100 square metres First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 S:\ ZONING \AMS\2010\By- laws\Byam016. wpd -2- (e) Minimum landscaped open space 45% of the lot area, which shall include a 3 metre wide landscaped open space strip between a parking area and the southerly side lot line, an 18 metre wide landscaped open space strip along and adjacent to the rear lot line south of any existing buildings or structures and a 3 metre wide landscaped open space strip along and adjacent to the front lot line save and except for any driveway (f) Minimum fencing A 1.8 metre high close -board type fence or decorative wall along and adjacent to the side and rear lot lines of the Lands, save and except where the side lot line is next to the front yard of an abutting residential property (g) The balance of regulations specified for an R2 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 provisions of this By -law shall be shown on Sheet B3 of Schedule "A" of By -law No. 79 -200 by renumbering the Lands from 366 to 917. 10. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.366. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.917 Refer to By -law No. 2010- 12. By -law No. 2004 -070 is repealed. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Subject Land SCHEDULE 1 TO BY -LAW No. 2010- %/ Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 87 Stamford, As In R0687135; Niagara Falls Applicant: Rosemary Cordasco Assessment #: 272509000206500 August 2010 K: \GIS_Requests \2010 \Sched ule\ZoningAM\AM- 16 \mappi ng. map N S 1:NTS AM- 2010 -016 CITY OF NIAGARA FALLS By -law 2010 - A by -law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582 from January 1, 2010 to December 31, 2012. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Amalgamated Transit Union and its Local 1582 respecting remuneration, benefits and working conditions for the period January 1, 2010 to December 31, 2012, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to establish the Niagara Compliance Audit Committee WHEREAS Section 81.1 of the Municipal Elections Act, 1996, as amended, provides a council or local board shall, before October 1 of an election year, establish a compliance audit committee for the purposes of Section 81; and WHEREAS it is deemed expedient to establish a compliance audit committee for the City of Niagara Falls in conjunction with the other municipalities of the Niagara Region and school boards, related to the possible contravention of the said Act for election campaign finances; and WHEREAS Niagara Falls City Council approved the Niagara Compliance Audit Committee and related terms of reference, as per CD- 2010 -06, on June 28, 2010. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That a Joint Compliance Audit Committee is hereby established. 2. That the Terms of Reference for the Niagara Compliance Audit Committee attached hereto as Schedule "A" is hereby approved and adopted. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010. August 30, 2010. August 30, 2010. 1.1 2. Objectives SCHEDULE "q " Terms of Reference for Niagara Compliance Audit Committee 1. Authority 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 "): "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 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: CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the City Clerk to execute a rental agreement with Premier Election Solutions Inc. for an accessible ballot marking device. WHEREAS s. 45 (2) of the Municipal Elections Act, 1996, as amended and Ont. Reg. 429/07 of the Accessibility for Ontarians with Disabilities Act require and encourage greater accessibility at the voting place; and WHEREAS in anticipation of the municipal election, staff have an opportunity to lease a ballot marking device to assist electors with disabilities; and WHEREAS the device is being leased from Premier Election Solutions Inc., our provider of vote tabulator machines for the past four elections. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A lease agreement between Premier Election Solutions Inc. and the Corporation of the City of Niagara Falls for the provision of a ballot marking device as attached hereto, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Agreement and affix the corporate seal. Passed this thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010. August 30, 2010. August 30, 2010. PREMIER ELECTION SOLUTIONS, INC. ONE -TIME RENTAL OF EQUIPMENT, SALE OF SERVICES AND LICENSE OF SOFTWARE This Agreement is made as of the date it is executed by the last of the parties named below on the signature page (the "Effective Date "), BETWEEN: Premier Election Solutions, Inc., a Delaware corporation ( "PES ") AND: City of Niagara Falls, ON ( "Customer"). RECITALS: A. Customer has agreed to rent, license and purchase, as applicable, voter tabulation equipment and related software and services from PES for use in the City of Niagara Falls, ON (the "Jurisdiction "). The terms and conditions under which the equipment, software and services shall be provided are set forth in the GENERAL TERMS attached hereto and incorporated herein by reference. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the parties hereto: • Agrees to the GENERAL TERMS and the terms and conditions set forth in the Agreement and Amendments. • Agrees that at all times, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. • Represents and warrants to the other party that as of its signature date indicated below it has full power and authority to enter into and perform this Agreement, and that the person signing below on its behalf has been properly authorized to execute this Agreement. • Acknowledges that it has read this Agreement, understands it and intends to be bound by it. PREMIER ELECTION SOLUTIONS, INC. 1253 Alien Station Pkwy. Allen, TX 75002 Fax No.: (402) 970 -1291 Signature Name (Printed or Typed) Title Date CITY OF NIAGARA FALLS, ONTARIO 4310 Queen Street Niagara Falls, ON L2E 6X5 Fax No: N/A Signature Name (Printed or Typed) Title Date 1 QUANTITY MODEL RENTAL EQUIPMENT DESCRIPTION Price PES Equipment Rental: October 25, 2010 Election: PES Tabulation Equipment: 1 AccuVote OS /AM (USED) AccuVote OS /AutoMARK Accessibility Unit with Table, Ink Cartridge, 512mb Flashcard, and Round -Trip Shipping $1,165.00 1 Sip n' Puff Device $75.00 1 Rocker Paddle $30.00 Services: 1 OS /AutoMARK Training $800.00 1 Ballot Layout, Coding, and Audio Files $3,000.00 Total Rental Payment: $5,070.00 CDN RENTAL OF EQUIPMENT, SALE OF SERVICES AND LICENSE OF SOFTWARE GENERAL TERMS 1. Description of Rental Equipment, Software and Services. The following constitutes all Rental Equipment, Software and Services to be provided by PES to Customer under this Agreement: Payment Terms: $5,070.00 Due Thirty (30) Calendar Days after the later of (a) Equipment Delivery, or (b) Receipt of Corresponding PES Invoice. Delays in payment due to no fault of PES will be subject to interest charges in the maximum amount permitted by applicable law Note 1: Any applicable HST sales tax have not been included in the pricing and are the responsibility of the Customer Note 2: Equipment Rental Pricing includes round -trip shipping and handling, import duties, custom fees, and brokerage fees. Note 3: Service Day and Installation rates do not include travel or per diem expenses which will be invoiced separately. 2. Description of Services. a. Installation. Section 1 specifies the items of Rental Equipment or Software, if any, which PES' employees, agents or authorized representatives ( "Representatives ") will install at Customer's designated site. Customer shall pay PES a fee for such installation services, as set forth in Section 1. Customer will provide, at its own expense, a site adequate in space and design for installation and operation of the Rental Equipment and Software. Customer shall be responsible for providing a site that is temperature and humidity controlled, has all necessary electric current outlets, circuits, and wiring for the Rental Equipment and Software, and has electric current of sufficient quality and quantity to operate the Rental Equipment and Software, all as specified in the Rental Equipment Documentation or the Software Documentation (as each is defined below) (collectively the "Documentation "). PES may, but shall not be required to, inspect the site and advise on its acceptability before any Rental Equipment or Software is installed. Customer shall be responsible for installing all items of Rental Equipment or Software not installed by PES, in accordance with the instructions furnished in the Documentation. PES shall have no liability for actual site preparation or for any costs, damages or claims arising out of the installation of any Rental Equipment or Software by Customer. b. Additional Professional Services. If requested in writing by Customer, PES will provide additional Professional Services support to Customer at PES's then - applicable rates for such services. 2 TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT 3. Items Included in Rental Equipment. In addition to the Rental Equipment, PES will also provide Customer with copies of operating instructions, user manuals and training materials for the Rental Equipment ( "Rental Equipment Documentation "). Certain items included in the Rental Equipment may have been manufactured by parties other than PES; any such items are separately identified in Section 1 and are collectively known as "Non -PES Rental Equipment ". Customer acknowledges and agrees that, except for the payment to PES of the amount dues under Section 1 which is attributable to the Non -PES Rental Equipment, all of its rights and obligations with respect to the Non -PES Rental Equipment flow from and to the manufacturers, lessors or other vendors of the Non -PES Rental Equipment (collectively the "Third Party Rental Equipment Vendors "). Customer further acknowledges that it has received copies of all applicable Third Party Rental Equipment Vendor Documentation, warranties and other applicable information regarding its rights and obligations with respect to the Non -PES Rental Equipment. 4. Warranty. PES warrants that any PES- manufactured scanning equipment included in the Rental Equipment ( "Scanning Equipment ") will perform in accordance with the specifications set forth in the Rental Equipment Documentation and will be free from defects in material and workmanship under normal use and service for the Rental Term (the "Warranty Period "). PES' sole obligation under this Section 4 shall be to repair or replace the Scanning Equipment or the applicable parts thereof, at its sole expense, at Customer's location or at PES's facilities, as determined by PES in its sole discretion. Any repaired or replaced Scanning Equipment or parts thereof shall be warranted only for the unexpired term of the original Warranty Period. All replaced Scanning Equipment or parts thereof will become the property of PES on an exchange basis. The warranty provided by PES under this Section 4 does not apply to and shall not require PES to repair or replace any item (i) which requires repair or replacement due to normal wear and tear, (ii) which has been repaired, altered or transported by persons other than PES authorized Representatives, (iii) from which any serial number has been removed, defaced or changed, (iv) which is damaged due to accident, disaster, theft, vandalism, neglect, abuse, use for a purpose other than the purpose for which such item is designed or use which is not in accordance with instructions furnished by PES, (v) which has been subjected to physical, mechanical or electrical design alterations or any conversion by persons other than PES personnel, (vi) which has been used by any person other than Customer's employees or persons under Customer's direct supervision; (vii) which has been used in a site not meeting the specifications set forth in Section 2(a) above; (viii) has been used with ballots other than PES copyrighted ballots; or (ix) have been used with ballot code stock other than ballot code stock supplied or approved by PES. 5. Rental Payments. The rental payment for each item included in the Rental Equipment for the Rental Term (defined below) is set forth in Section 1 above, and the total amount thereof shall be paid in accordance with the terms of Section 1. Customer shall notify PES if it desires to rent additional items of Rental Equipment. If PES agrees to rent such items to Customer, the parties shall amend Section 1 of this Agreement to include such items within the definition of "Rental Equipment" and Customer shall pay to PES rental payments for each such item at PES's then - current rental rates. 6. Rental Term. The period during which Customer shall rent the Rental Equipment from PES shall be in effect from September 8, 2010 through November 25, 2010, unless earlier terminated pursuant to this Agreement (the "Rental Term "). The Rental Term shall terminate upon the first to occur of (i) a breach of any provision herein applicable to the Rental Equipment which has not been cured by the breaching party within thirty (30) days after it receives written notice of the breach from the non breaching party (except a breach as provided in (iii) below which will require no notice); (ii) either party's providing thirty (30) days' prior written notice to the other party hereto of its desire to terminate the Rental Term; or (iii) Customer's failure to make any rental payment due hereunder within sixty (60) days after it is due. In the event of early termination by PES due to (a) a breach of this Agreement by Customer, (b) Customer's failure to pay any amounts owed under this Agreement or (c) the failure of Customer's Board of Supervisors to appropriate funds to make the payments due under this Agreement, Customer shall pay PES liquidated damages equal to the present value of the remaining monthly amounts owing hereunder, discounted at the rate of 8% per annum. No later than ten (10) calendar days following the termination of the Rental Term, Customer shall release the Rental Equipment to PES at its own expense and in the same operation, order, repair, condition and appearance as when received, subject to normal wear and tear. In the event Customer fails to release the Rental Equipment to PES no later than ten (10) calendar days following the termination of the Rental Term, Customer shall pay to PES a late return charge in the amount of $500.00 per calendar day until the Rental Equipment is returned to PES in accordance herewith. 3 7. Grant of License. TERMS AND CONDITIONS RELATING TO SOFTWARE a. In General. PES hereby grants to Customer a nonexclusive and nontransferable license during the Rental Term to Use (defined below) the Software designated in Section 1. b. Third Party Software. Customer acknowledges that PES does not own the Software designated in Section 1 as "Third Party Software" or the accompanying operating instructions, user manuals and training materials relating thereto (the "Third Party Software Documentation ") (the PES Software Documentation and the Third Party Software Documentation sometimes collectively the "Software Documentation "). Customer further acknowledges that, except for the payment of license fees attributable to the Third Party Software and the Third Party Software Documentation (collectively the "Non -PES Software Items "), which shall be paid directly to PES pursuant to Section 1 above, all of its rights and obligations with respect to the Non -PES Software Items flow from and to the vendors of the Non -PES Software Items (the "Third Party Vendors "). Customer further acknowledges that it has received copies of all applicable license agreements for the Non -PES Software Items from the Third Party Vendors. None of the Non -PES Software Items has been independently authenticated in whole or in part by PES, and none of PES' representations, warranties, covenants or agreements set forth herein apply with respect to the Non -PES Software Items unless otherwise specifically stated herein. c. Definition of Use. For purposes of this Agreement, the term "Use" shall mean the right to copy or utilize all or any portion of the instructions or data of the PES Software from tangible media supplied by PES ( "Tangible Media "). The PES Software may be used only for internal purposes and shall not be used by, for, or on behalf of, third parties. "Use" shall also mean the right to retain and consult the PES Software Documentation. Customer's right to Use the PES Software and the PES Software Documentation shall not include the right to do any of the following: Copy, in whole or in part, any PES Software (except for backup and archive purposes and provided that no more than one copy may be in existence at any one time for such purposes), any Tangible Media or any PES Software Documentation; ii. Reverse engineer, decompile, disassemble, re- engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the PES Software or the structural framework of the PES Software; Cause or permit any use, display, loan, publication, transfer of possession, sublicensing or other dissemination of the PES Software or the PES Software Documentation, in whole or in part, to or by any third party without Licensor's prior written consent; iv. Modify, enhance or otherwise change the PES Software; v. Use the PES Software except as specified in the PES Software Documentation or as otherwise authorized by PES in writing; or vi. Use the PES Software on more items of Designated Equipment unless authorized in writing by PES. 8. Fees. The license fees for the PES Software, the PES Software Documentation, the Third Party Software and the Third Party Documentation (collectively the "Licensed Items ") for the Rental Term are set forth in Section 1 above and shall be paid in accordance with the terms of Section 1. 9. Term; Termination. The license granted herein shall become effective on the date the PES Software is installed by Customer (the "Start Date ") and shall remain in force during the Rental Term. Upon termination of the license, Customer shall immediately return the PES Software and any other Confidential Information in its possession or under its control (including any and all copies) to PES. Termination of the license pursuant to this provision is in addition to any other remedies available to PES at law or in equity. 10. Title; Copyright Notice. Customer acknowledges and agrees that: (a) all right, title and interest in and to the PES Software, the PES Software Documentation and the Tangible Media is owned by PES, and Customer has only a limited license to Use such items during the Software License Term. Customer agrees not to challenge PES's right, title and interest in and to the PES Software, the PES Software Documentation or the Tangible Media and to notify PES 4 immediately if it becomes aware of any such challenge. Customer shall include the copyright and proprietary rights notices which are set forth on each item of Tangible Media on any copies of the Software which are made from such item of Tangible Media. Likewise, Customer shall include the copyright and proprietary rights notices which are set forth on each item of Documentation on any copies thereof. 11. Export. Customer acknowledges that the laws and regulations of the United States may restrict the export of certain commodities and technical data of United States origin, including the Software, in any medium. Customer agrees that it shall not export the Software or the Documentation in any form without the appropriate United States and foreign government licenses. Licensee further agrees that its obligations pursuant to this Section 11 shall survive and continue after the termination of this Agreement. TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT AND SOFTWARE 12. Limitation on Liability. PES' total liability to Customer for any losses, damages, costs or expenses of any nature, whether direct or indirect, arising from or relating to PES' performance of this Agreement or the products or services provided by PES hereunder, shall be limited to the aggregate amount paid by Customer to PES for the product(s) or services(s) that caused the losses or damages or are the subject matter of the claim or cause of action. By entering into this Agreement, Customer agrees to accept responsibility for (i) the selection of the Rental Equipment and Software to achieve Customer's intended results; (ii) the use (Use) of the Rental Equipment and Software; (c) the results obtained from the use of the Rental Equipment and Software; and (d) the selection of, use of and results obtained from any equipment, software or services not provided by PES and used with the Rental Equipment or Software. 13. Shipment; Title and Risk of Loss. PES will ship the Rental Equipment and Software by common carrier to Customer on a date mutually agreed upon by PES and Customer, and risk of loss with respect to the Rental Equipment and Software shall pass to Customer when such items are delivered to Customer's place of business. Title to the Rental Equipment shall remain in PES. PES shall also bear the risk of loss with respect to the Rental Equipment (except that Customer shall bear the risk of loss with respect to, or damage to, the Rental Equipment which is caused by fire, the elements, theft, vandalism, negligent or intentional acts of Customer's employees or other events which are within the control of Customer). During the period in which this Agreement is in effect, Customer shall, at its sole expense, maintain the Rental Equipment in good operating condition and repair and protect the Rental Equipment from deterioration other than normal wear and tear and shall procure and maintain insurance on the Rental Equipment to adequately insure the risks of loss for which Customer is responsible hereunder. Upon request, Customer shall provide PES with copies of any and all policies procured and maintained by Customer insuring Customer's risks of loss hereunder. Customer shall not use the Rental Equipment for any purpose other than those for which it was designed and shall not, without the prior written consent of PES, alter the Rental Equipment or affix to or install on the Rental Equipment any accessory, equipment or device which was not supplied to it by PES. Customer shall not move the Rental Equipment from the place where it was originally installed without PES' prior written consent and shall make the Rental Equipment and any records pertaining thereto available to PES during regular business hours for inspection. Customer will not, without the prior written consent of PES and subject to such conditions as PES may impose for its protection, affix any item of Rental Equipment to any real property if, as a result thereof, such item of Rental Equipment will become a fixture under applicable state law. 5 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the payment of $16,708,455.90 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning July 1, 2010 to August 5, 2010. Passed this thirtieth day of August 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001. WHEREAS the Corporation of the City of Niagara Falls registered on the 1S day of September, 2009, a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By -law; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by -law authorize an extension agreement with the owner of the land, the spouse of the owner, a mortgage or a tenant in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the statutory period within such a by -law may be enacted has not elasped; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. That an agreement be entered into by the Corporation of the City of Niagara Falls with Eric Leatherbarrow, the Owner of the land described in Schedule "A ". 2. That the Mayor and City Clerk be and are hereby authorized and directed to enter into the agreement on behalf of the Corporation; 3. That this by -law shall come into force and take effect upon the final passing thereof. Passed this 30st day of August, 2010 DEAN IORFIDA, CITY CLERK R. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Schedule "A" To By -law No. DESCRIPTION OF THE LAND: -2- LEGAL DESCRIPTION PCL 16 -1 SEC 59M158; LT 16 PL 59M158 Niagara Falls; S/T LT61280; Niagara Falls Property Identification Number 64443- 0267(LT) Roll Number: 27 25 080 003 43400 0000 Property Location: 7426 Lakewood Cres. Niagara Falls, Ontario L2G 7V3 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 30 day of August, 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 30 day of August, 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 thirtieth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 30, 2010 August 30, 2010 August 30, 2010