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2010/12/13 . :...„ , , ::,‘,:c.:.,:i. viir t'-'41' -1 1 -- ' data F 2 c 7 - F vie ' ‘ ',. lv i (ilr 1 , -,,, ^�. r 3 .. wx°•';'Y:::1.` a�a .w ::R.FSt�.� w �.r . F s : '. "; . >. ' COUNCIL MEETING Monday, December 13, 2010 Order of Business and Agenda Package Niag ark. t all s CANADA COUNCIL MEETING December 13, 2010 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of November 8, 2010 Inaugural Minutes of December 6, 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 Kim Craitor, M.P.P. Kim Craitor, the local member of Provincial Parliament would like to pass on his well wishes to the new Council. Strike Out Violence Mark Lightfoot and Joe Talarico would like to address Council on the 9 Annual Strike Out Violence Bowling Tournament that raises awareness for Women's Place of South Niagara. 4 Annual Sun Life Charity Hockey Tournament Tournament organizer, Lester St. Croix will inform Council of this upcoming event. * * * ** -2 PLANNING MATTERS Public Meeting AM- 2009 -011, Zoning By -law Amendment Application 5547 -5559 Portage Road and Part of 5895 North Street Applicant: B & A Rental Properties Inc. Agent: Phil Fisher Proposed 5 Storey Medical Office Building Background Material: Recommendation Report: PD- 2010 -96 -AND- Correspondence from the Niagara Region Correspondence from Angelo Muraco, Re /Max Realty Correspondence from various residents * * * ** Public Meeting AM- 2010 -021, Zoning By -law Amendment application 5827 Main Street Applicant: Nancy & Donald Searle Proposed Site Specific Residential Low Density, Grouped Multiple Dwellings Zone (R4) to Recognize a Building Containing Four Dwelling Units Background Material: Recommendation Report: PD- 2010 -92 -AND - Correspondence from the Niagara Region Planning Dept. * * * ** Public Meeting AM- 2010 -019, Zoning By -law Amendment Application 4001 Weaver Road Applicant: Gary Joseph Landry and Dianne Cartmell Removal of Site - Specific Zoning on Part of the Subject Property Background Material: Recommendation Report: PD- 2010 -91 -AND- , Correspondence from the Niagara Peninsula Conservation Authority Correspondence from the Region's Planning Dept. - 3 - Public Meeting 26T -11- 2009 -01 & AM- 2009 -030 Fernwood Phase 3 Draft Plan of Subdivision Zoning By -law Amendment Application Lundy's Lane ( North Side), West of Garner Road Owner: 800460 Ontario Limited (Fred Costabile) Background Material: Recommendation Report: PD- 2010 -94 -AND- Correspondence from Marianna & Joe McMaster Correspondence from Dr. John Bacher Correspondence from Nick Coleman Correspondence from the Ministry of Transportation * * * ** Public Meeting 26CD -11- 2006 -05 & AM- 2010 -018 Modifications to Draft Approved Plan of Vacant Land Condominium - Thundering Waters Village Official Plan and Zoning By -law Amendment Application Drummond Road ( East Side), South of McLeod Road. Owner: Mountainview Homes ( Niagara) Ltd. Background Material: Recommendation Report: PD- 2010 -95 * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS * * * ** -4 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Marinelli Hypnosis Centre - Request that January 4, 2011 be recognized as " World Hypnotism Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. FX WORX INC. - Annual request for the New Year's Eve fireworks display at the Skylon Tower. RECOMMENDATION: For the Approval of Council 3. Office of the Bishop of Niagara, Anglican Church of Canada - Correspondence indicating their interest in giving over care and maintenance of the cemetery at All Saints Church, 5850 Robinson and the building. RECOMMENDATION: Refer to Staff for a Report 4. Clerk, Regional Municipality of Niagara - Requesting municipal representation for the Region's Transportation Strategy Steering Committee, Inter - Municipal Specialized Transit Committee and Culture Committee. RECOMMENDATION: For the Consideration of Council. 5. Memo from City Clerk - Regarding the City representative to the Niagara Parks Commission. RECOMMENDATION: For the Consideration of Council. 6. Jean Grandoni - Regarding the City's Environmental Policies RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS CLERKS REPORTS 1. Chief Administrative Officer CD- 2010 -12 - 2011 Council Schedule * * * ** -5- RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS * * * ** CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2010 -61 - 2009 Financial Statements Additional Disclosure (HANDOUT) F- 2010 -63 - Monthly Tax Receivables Report F- 2010 -64 - Approval of Interim 2011 Spending Limits F- 2010 -65 - Municipal Accounts L- 2010 -17 - Niagara Convention and Civic Centre Inc. Lease and Operating Agreement PD- 2010 -93 - Telecommunication Facility Consultation, 6700 Morrison Street. Labreche Patterson & Associates on behalf of Rogers Communications Inc. PD- 2010 -97 - Appeal Denial of Minor Variance to Sign By -law McCullough Management Inc. 3690 Portage Road R &C- 2010 -24 - Coronation 50 Plus Recreation Centre Membership Fee 2011 R &C- 2010 -25 - Trademark of the City of Niagara Falls, 1812 -2012 Task Force R &C- 2010 -26 - Supply and Installation of PVC Pool Liner System - F.H. Leslie Pool TS- 2010 -45 - Residential Convenience Pass Trial Period Extension TS- 2010 -51 - Rural Speed Limits TS- 2010 -53 - Contract Renewal 2011 Canadian Corps of Commissionaires * * * ** -6 RESOLUTIONS 1. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Minister of Transportation indicating that the proposed extension of Highway 420 is not needed or desired in the municipality. * * * ** BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -163 A by -law to amend By -law No. 79 -200, to permit a recreational use within an existing place of worship and to repeal By -law No. 89 -33. (AM- 2010 -017) 2010 -164 A by -law to amend By -law No. 79 -200, to permit a semi - detached dwelling on the Lands. (AM- 2010 -029) 2010 -165 A by -law to authorize the execution of a Lease and Operating Agreement with Niagara Convention and Civic Centre Inc., respecting the lease and operation of the Niagara Convention and Civic Centre. 2010 -166 A by -law to authorize the execution of an Agreement of Purchase and Sale with Badger Farms Limited, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2010 -167 A by -law to authorize the execution of an Agreement with Dr. Sadiqa Karim dated December 1, 2010, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2010 -168 A by -law to amend By -law 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2010 -169 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2010 -170 A by -law to authorize the payment of $17,017,073.59 for General Purposes. 2010 -171 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13 day of December, 2010. * * * ** NEW BUSINESS (11/4/2010) Dean lorfida Deputation Page 1 From: "Fisher_Kathy" <Kathy_Fisher @liberal.ola.org> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 11/4/2010 3:38 PM Subject: Deputation Hi Dean, Just to confirm, Kim would like to address the new Mayor and Councillors congratulating them on their recent victory. Let me know if you required further information. All the Best, Kathy Kathy Fisher Executive Assistant to Kim Craitor MPP 3930 Montrose Road, Unit 8 Niagara Falls, ON L2H 3C9 905 - 357 -0681 FAX 905 - 357 -9456 E -mail - kathy_fisher@liberal.ola.org 811/12/2010) Dean lorfida Council Meeting Request r December 13, 2010 Page 1 From: "Jennifer" < Jennifer @wpsn.ca> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 11/12/2010 11:15 AM Subject: Council Meeting Request - December 13, 2010 Hello Dean, I would like to request to be put on the December 13th Council Meeting Agenda. Two representatives from The Cares Foundation 9th Annual Strike Out Violence Bowling Tournament would like to attend to speak about the event on February 11, 2011 and raise awareness of Women's Place of South Niagara Inc. Please let me know if you have any questions or concerns. Respectfully, Jennifer Jennifer Dickinson Development Officer Women's Place of South Niagara Inc. PO Box 853, Niagara Falls, ON L2E 6V6 P:905- 356 -3933 ext. 241 F:905- 356 -5522 www.womensplacesn.org The information contained in this email is confidential. If the reader is not the intended recipient or the agent thereof, you are hereby notified that any dissemination, distribution or copying of this email is strictly prohibited. If you have received this email in error, please notify us immediately. Thank you. (12/8/2010) Dean Iorfida - Re: Council meeting 13th of Dec Page 1 From: <Isc @bell.blackberry.net> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 12/8/2010 11:17 AM Subject: Re: Council meeting 13th of Dec Thx Dean, yes I will be promoting the 4th Annual Sun Life Charity Hockey Tourney. I will also be letting our new council aware of the Charities that will benefit from our efforts. Please let me know where I will be slated on the agenda. Thx. Original Message From: Dean lorfida To: Isc @bell.blackberry.net Subject: Re: Council meeting 13th of Dec Sent: Dec 7, 2010 2:27 PM Thanks Lester. Are you promoting the tournament or are you looking for something specifically from Council regarding the tournament. Some additional details would be appreciated. Thanks Dean »> <Isc @bell.blackberry.net> 12/7/2010 2:24 PM »> It Lester. Please put me on the Agenda for next week. 2 items Charity tourney Sun Life Mar 1st to 3rd Gale centre. Also out door rinks in the city Sent wirelessly from my BlackBerry device on the Bell network. Envoye sans fil par mon terminal mobile BlackBerry sur le reseau de Bell. Sent wirelessly from my BlackBerry device on the Bell network. Envoye sans fil par mon terminal mobile BlackBerry sur le reseau de Bell. v cn r Z Z_ Z G) m /j PD- 2010 -96 Niagara,Falls December 13, 2010 CANADA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -96 AM- 2009 -011, Zoning By -law Amendment Application 5547 - 5559 Portage Road and part of 5895 North Street Applicant: B & A Rental Properties Inc. Agent: Phil Fisher Proposed 5 Storey Medical Office Building RECOMMENDATION That Council not approve the application to rezone the lands a site specific General Commercial (GC) zone, to permit a 5 storey office. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit the property to be developed with an office building containing offices, clinics, ancillary retail and a coffee shop. Although the proposed uses are contemplated by the Official Plan, the project cannot be recommended due to the following reasons: • the requested building height is out of character with the surrounding area; • the proposed front yard setback does not reflect the character of adjacent dwellings; and, • proposed landscaping does not reflect the residential character of adjacent lands. A development with a lower building height (3 storeys), increased setbacks and increased landscaping could be supported by Staff. BACKGROUND Proposal An amendment is requested for 0.25 hectares (0.63 acres) of land known as 5547 and 5559 and part of 5895 North Street (see Schedule 1). The applicant is proposing to redevelop the lands with a 5 storey office building containing medical offices, clinics, a retail store and a coffee bar. Schedules 2 and 3 show details of the proposed development. December 13, 2010 - 2 - PD- 2010 -96 The lands are zoned Residential Apartment 5B Density (R5B), in part, Neighbourhood Commercial (NC), in part and Institutional (I), in part. The applicant is requesting the lands be rezoned to a site specific General Commercial (GC) zone with provisions limiting the uses to offices, clinics, a retail store and a coffee bar, reducing the setback from the centre line of Portage Road to the location of the front lot line and requiring a front yard setback of 0.55 metres and an increase in building height from 10 metres to 21.1 metres. Site Conditions and Surrounding Land Uses A converted dwelling, once housing the Bloom & Basket floral shop, occupies a portion of the site. The balance of the site is vacant. The land is bounded by a school site to the west, the Niagara Falls General Hospital to the east, and single detached dwellings to the north and south. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective, subject to the satisfaction of any local requirements. As there may be archaeological potential, any future site plan agreement should contain a clause requiring the Ministry of Culture and /or Registrar of the Cemeteries Regulation Unit be contacted immediately if archaeological remains or human remains are found during construction. • Transportation Services - The parking lot should be configured to ensure sufficient aisle width is provided for all spaces. The narrow landscaping strips may be insufficient for snow storage. - At site plan stage, sufficient access for waste disposal, replacing curb cuts where redundant and ensuring curb returns are within the frontage of the property will be addressed. The developer will be responsible for any relocation of paid parking spots as a result of the development. • Municipal Works - No objections. A stormwater management report will be required at the site plan stage. • Parks and Recreation - Building should be set back from the front lot line to provide a reasonable front yard landscaped area. • Legal Services, Fire Services, Building Services No objections. December 13, 2010 - 3 - PD- 2010 -96 Neighbourhood Open House A neighbourhood open house was held on November 9, 2010 which was attended by 8 residents. The residents expressed the following concerns: • excessive building height resulting in overshadowing and loss of privacy for adjacent residents; • the lack of front yard setback, which may cause difficulty for neighbouring residents on Portage Road to exit their driveways; • lack of buffering and snow storage, and potential for lighting and odour impacts from the rear parking lot; • disruption and potential for damage to surrounding dwellings as a result of construction activities; and, • the potential for the coffee bar to get larger in scale. Some residents indicated certain concerns may be addressed if the building was significantly reduced in height and size. ANALYSIS 1. Official Plan The property is designated Residential and Special Policy Area 1 by the Official Plan. Special Policy Area 1 allows uses that are compatible with or ancillary to the Greater Niagara General Hospital to locate along Portage Road in this area in addition to residential uses. To ensure compatibility with surrounding residential uses and mitigate traffic impacts, the Official Plan requires building setbacks and landscaping in keeping with the residential character of the area, parking above minimum standards be provided and access points onto Portage Road be reduced in number. In addition, residential polices stipulate that new development is to be designed and integrated to achieve compatibility with its surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. Appropriate open space, separation distance and design measures are to be provided to maximize privacy and minimize adverse impacts on surrounding uses. The proposed office building will house mainly medical offices and clinics. A small portion of the building will be used for a retail store and coffee bar which is intended to be ancillary to the main office and clinic uses. These uses are considered the type of ancillary uses to the Greater Niagara General Hospital intended by Special Policy Area 1. However, staff found the proposed 5 storey building design out of character with the surrounding area which is not in keeping with Official Plan policies. Most of the surrounding development, including the hospital, is 2 to 3 storeys in height and significantly lower than the proposed building. A 5 storey building is out of character with the abutting properties. December 13, 2010 - 4 - PD- 2010 -96 In addition, the proposed front yard setback is not consistent with that of adjacent dwellings and does not allow for front yard landscaping that is in keeping with the character surrounding residences. Planning staff could support a proposal with a lower building height, an increased front yard setback and increased landscaping to be more reflective of surrounding development. Such a revised proposal would need to be reviewed to ensure it was compatible with the neighbourhood and surrounding properties are not adversely impacted. 2. Zoning By -law The requested site specific GC zone is for a 5 storey office building, with uses limited to an office, a clinic and ancillary retail and coffee bar. The current zoning indicates the preference for future buildings in the range of 3 storeys as the subject property, as well as, the R5B zoning of much of the lands, (and the R5A and R5B zoning of adjacent lands) require a 7.5 metre front yard setback, side yard setbacks of one -half of the building height and 30 to 35% landscaped open space coverage. The departures requested from current standards cannot be supported. Building heights should be kept to approximately 3 storeys (10 metres) and the front yard setback should be increased. Landscaping should be increased, in the form of landscaping in the front yard and increased landscaping strips around the parking lot to provide more room for buffering, tree planting and snow storage. It is noted that a 6 storey building exists in this general area, at the north -east corner of Kitchener Street and Portage Road. This building is permitted through a 1970 zoning by -law amendment and predates current Official Plan policies. Although this building is taller, impacts on surrounding properties are mitigated by large building setbacks (15 metres from the nearest residential property and 24 metres from Portage Road) as well as the fact that the abutting Highway 420 is not affected by its height. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The proposed development does not comply with the City's Official Plan in terms of its residential policies nor the Special Policy Area 1 policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Schedule 3 - Elevation Plan Recommended by: Y Alex Herlovitch, Director of Planning, Building & D v pment Respectfully submitted: K n Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2010 \PD- 2010 -96, AM- 2009 -011, 5547 -5559 Portage Rd, Phil Fisher.wpd December 13, 2010 - 5 - PD- 2010 -96 SCHEDULE 1 LOCATION MAP Subject Land' 4 F_ N _ ' L111 I / Iv ic -�. e • TTi sT RTTiT Amending the Zoning By -law No. 79 -200 October 2010 Location: 5547, 5559 Portage Road and Part of 5895 North Street Applicant: B & A Rental Properties Inc. AM- 2009 -011 December 13, 2010 - 6 - PD- 2010 -96 SCHEDULE 2 P p RTA G� 9 AD __ .L, •S, N .. \ , , 1 --- I - o ;� N0 -1 i ill • !-.% is 8 1•+31.1.0, i O V — I I "— I y P p t ' � N o z y . 09 . - D IY Q a t q 10 I ��t - I I W „ v'L1 t 6 .i _ I.G a +J NX 1 ,r. i ..Oe n N �.: i / -- - -_ �,\ _ Woo � Ir 9i. , 3 z 0 .BO y ~ � -a - -- _ _ ill• • n 1 - "-- '''TT-�� sen ^ / s . `- .. 3 .09 .I z .90� ^aw. ..a, .a i q r 1 December 13, 2010 - 7 - PD- 2010 -96 SCHEDULE 3 EE E f E o f 11 J � o LLm LLm �pO R Z S ,-6 O ci of o • I o 1 1 1 — i E - - -i I , '. 1111 a I t Ii II W w 0 LL I I II J _ Z O Q w 0 O I I 11 I 1 I 1 I. Planning canned • Ale: ./ PUBLIC WORKS DEPARTMENT i97o YEARS join _ _ Development Services Division Niagaralir, Region 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Building Community. Building Lives. Tel: 905 -685 -4225 • Tol f- free:1- 800 - 263 -7215 Fax: 905 - 687 -8056 www. niagararegion.ca November 25, 2010 Files: D.18.04.ZA -04438 Mr. Andrew Bryce Planner fNi RECEIVED City ity of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON NOV 2 6 2010 L2E 6X5 PLANNING & D VELOPMENT Dear Mr. Bryce: . . Re: AM -2009 -011, Zoning By -law Amendment Application — Revised Application To Permit a Five Storey Building Containing Medical Offices and Ancillary Uses 5547 & 5559 Portage Road City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted revised Zoning By -law Amendment application. The proposed revision to the zoning amendment application is to increase the building height from a three - storey building as previously proposed to a five storey building intended to accommodate mainly medical offices, clinics, a retail store and a coffee bar subject to site specific provisions. Regional staff offers the following Provincial and Regional comments to assist the City in considering the application. General Land Use The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. Municipalities are encouraged to develop a diverse mix of land uses and promote economic development by providing for an appropriate mix of employment uses to meet long -term needs. The property at 5547 Portage Road contains a florist shop and the property at 5559 Portage Road is currently vacant and was previously occupied by a dwelling that was removed in the late 1990's. The proposed rezoning will facilitate the redevelopment of both properties into a medical clinic with ancillary retail uses including a retail store and a coffee bar. The properties are within the City's established urban area where existing infrastructure is available to service the proposed development. Surrounding land uses include the Greater Niagara General Hospital to the east, to the west is the former St. Joseph's School, and the remainder of the immediate neighbourhood can be characterised as primarily residential. The proposed medical clinic and ancillary uses would be complimentary to the hospital across the street and 2 compatible with the surrounding neighbourhood. Additionally, the proposed development should provide additional employment opportunities arid services for residents of the City. It is noted that the subject lands are located along Portage Road, which is a historic transportation route, and therefore there may be archaeological potential. However, an archaeological assessment will not be required as the lands have been disturbed by recent land uses. It is recommended the City consider inserting a clause in any future site plan agreement that should deeply buried archaeological remains be found on the property during construction activities that the Ministry of Culture should be notified immediately and in the event that human remains are encountered during construction, that the developer immediately contact both the Ministry of Culture and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services. Conclusion The proposal represents an opportunity for intensification that makes efficient use of land and infrastructure as supported by Provincial and Regional policies. The proposed use will be complimentary to the existing hospital, provide additional employment opportunities and services for residents. Therefore, Regional staff has no objection to the proposed zoning by -law amendment from a Provincial or Regional perspective, subject to the satisfaction of any local requirements. If you have any questions or wish to discuss these comments, please contact Teresa Gray, Planner, or Marilyn Radman, Manager of Development Services Division. Please send notice of the City's decision with regard to this application. You s 1 • -resa Gray, 1 IP, RPP Planner L:1Gray - Teresa\NIAGARA FALLSIZONING AMENDMENTS15547 -5559 Portage Road15547 -5559 Portage Rd comments.doc Pl ann i ng a rmed R51/141* Clerks November 22, 2010 F Mr. Alex Herlovitch Director of Planning & Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovitch: RE: 5547 & 5559 Portage Road and Part of 5895 North Street (Roll Nos. : 27 -25 -060- 006 -07400 /2725- 060 - 006 - 07500/ 2725 - 060-006 - 04500) Zoning By-Law Amendment Application City File: AM- 2009 -011 Applicant: B & A Rental Properties Inc. Further to the above noted property, my concern lies in the parking issue for this proposed redevelopment. As owner of RE /MAX Niagara Realty Ltd., we are faced with many parking issues including unauthorized vehicles parking in our parking lot both from the Adult Learning Centre (formerly St. Joseph's School), and the visitors to the Niagara Falls General Hospital. Any information you can provide me in respect to this issue is greatly appreciated. urs truly, REIM1 Niagara Realty Ltd. An elo Muraco Real Estate Brokerage Br er of Record. 5627 Main Sheet, Niagara Falls, Ontario L2G 5Z3 Phone: (905) 356 -9600 AM *Ic Fax : (905) 374 -0241 Branch Office : 170 Central Avenue Fort Erie, Ontario l2A 3S7 �Pe Ps Phone : (905) 871 -5555 R E E I D Fax: (905) 871-9765 Nov 3 0 2010 Each office independently owned and operated PLANNING ® & DEVELOPMENT (12/8/2010) Dean Iorfida - Re: Petition Page 1 From: <wjmcburney @cogeco.ca> To: diorfida @niagarafalls.ca Date: 7/16/2010 10:33 PM Subject: Re: Petition Dean, thanks for getting back to us. The residents have quite a few concerns. The proposed height ( at the zoning meeting they (Lawyers) said 5 stories) also the fact that it will be a medical clinic which will bring more traffic congestion,people, noise etc than the unobtrusive retail (Bloom n Basket) that is there now. we are also very, very concerned about all the construction that will be going on and possible damage to our homes. When the emerg was being built over a two year period we had cracks in our foundation, ceilings and walls, we reported it to the hospital which inturn sent us to the builders who informed us that our house insurance should cover it, we got the run around and ended up taking care of it ourselves, none of us want that again. The dust was terrible for two years now we are suppose to put up with it again. Also, it really concerns all of us on Portage Rd and Prospect St. that the owners have informed the tenants of the flower shop that the building will definitely be going up in November. They ' iave cut down many trees already and seem to be going ahead . Do you have any idea when a neighbourhood meeting will be taking place? As you know, our property has been in the Hendershot family since the 1800's. We have learned to live with the hospital but still feel like at least on our side of the road we have a residential area where we feel we can go in our own yard and have some privacy without having people staring down on us. All of the property owners are very concerned about the privacy, non residential situation. All of the people involved take pride in keeping their property well maintained and tolerated a small business (flower shop) which was set in a home like setting and the small apt. building which is always very well maintained. Thanks again for getting back to us so quickly, if there is anything else you need to know, please email me or phone 905 354 -4339. Jim Original Message From: "Dean lorfida" <diorfida @niagarafalls.ca> To: <wjmcburney @cogeco.ca> Cc: "Andrew Bryce" <abryce @niagarafalls.ca >; "Alex Herlovitch" <aherlovitch @niagarafalls.ca> Sent: Friday, July 16, 2010 3:52 PM Subject: Petition Hi Jim: Hope this e-mail still works for you. Got your petition. A couple of things: Is there something specific the residents are opposed to, perhaps the proposed height or is it just the clinic replacing residential or unobtrusive retail (flower shop)? I can reassure you that there will be at least two opportunities for the public to say their piece. Since a rezoning is required, a neighbourhood meeting will initially take place. The neighbourhood meetings are often beneficial at resolving issues prior to the matter coming to Council, which it will ultimately have to come to. To Mayor Salci and Members of Niagara Falls City Council. Mn `° 1 i CLERK'S PETITION AGAINIST JUL 15 2010 PROPOSED BUILDING OF MEDICAL CLINIC AT 5547 AND 5559 PORTAGE RD. _.____.__. TIC UNDERSIGNED PEOPLE ARE AGAINIST THIS PROJECT COMING INTO OUR NEIGHBOURHOOD `NAME , ADDRESS , SIGNED AND DATED V .,.r.e, y,,, '4 v7C"/&, 3 5, r 3 "Ae `--'►' -" c%�'/v'�27 4v.k ,,,i; r-y . rz-..r Pam 74a- -- 7oy-p' � I ) .' *,,.. .'"?ci‘it " 44 4 4 ir - km" 7 z" J - . . _ /sly C 4 • 0 . .4 t'�fl�'/ , ' �_i 1 — J w , Tur+i:d7� t h•' _s. • 4 - e... -- itke 6 i ' L6 1 ff J c5 4- w Cast Cie . 1! - �r ......4 4{ Co.--,-6)eve Ca-N ..1.1,s c .,. , 7. _ J /' it f I qD ee,yepeoci C r/ S . r cF 512 ' t -7 rS, . - �N o 0 4 J f/- Fn�ti r � � f w `/� ' _ -- , t) )/ cOc. iv's^ 1 :xi - . .5.,,t.. ( - , 41 ., 4 u ' o I t I f 79(0 09 # . • 1 - P r t- 1 ‘e CitS ) ' IA_ ii/47 , 11 0 YA9/rj/44A„). (7 5/de4 SV 1 i '?. SY I 55q / J o,2T4V 5 0 .d . , 5 37/ enie-r, --- %.>.,..- r - _ )3 -/c) . V Vii szaq pd,f, a S 6.'s Vd e• di- (ee t St PT- , l.,,', ' Islib To Mayor Salai and Members of Niagara Falls City Council PETITION AGAINIST PROPOSED BUILDING OF MEDICAL CLINIC • AT 5547 AND 5559 PORTAGE RD. THE UNDERSIGNED PEOPLE ARE AGAINIST THIS PROJECT COMING INTO OUR NEIGHBOURHOOD NAME , ADDRESS , SIGNED AND DATED Char 4t 1c N )? S 5732 y c a / CA; •Jc t.! 1�} J 2c. r4 � > C;barheSi Vint 5 c i ( Pi yr(i- itnio a� / t/�v�earc 5 1/4 ,C - \ %\z\ cA' ( c . . t/ o_ct :.1./ • • ) (Vio enkrigx teci.vich mitt, 7.,us Li L II1 • V -L v -c- 1 5 5" `Y^k Ao 4d /V///0 "1_19- PD- 2010 -92 Niagara,Falls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -92 AM- 2010 -021, Zoning By -law Amendment Application 5827 Main Street Applicant: Nancy & Donald Searle Proposed Site Specific Residential Low Density, Grouped Multiple Dwellings Zone (R4) to Recognize a Building Containing Four Dwelling Units RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone the subject lands Residential Low Density, Grouped Multiple Dwellings Zone (R4) with site specific provisions to recognize a deficient lot frontage and front yard setback and interior side yard setback of the existing building. EXECUTIVE SUMMARY The applicant has submitted an application to amend the Zoning By -law to recognize the existing building containing 4 dwelling units. The application is: • Consistent with the Provincial Policy Statement; • Consistent with the Provincial Growth Plan; • Conforms to the City's Official Plan. The proposed use is compatible with the surrounding land uses and there is an excess of 5 parking spaces at the rear of the building. BACKGROUND Proposal As a result of a complaint about the use of the building as an apartment building, the owners have submitted an application to amend the Zoning By -law to recognize and limit the use to a 4 dwelling unit apartment building. Until 2009, the building on the subject property included a doctor's office with several accessory dwelling units. The building has since been converted for a total of 4 dwelling units without any municipal approvals. If approved, the proposed amendment would resolve the complaint. December 13, 2010 - 2 - PD- 2010 -92 Site Conditions and Surrounding Land Uses The subject property is located on the west side of Main Street, north of Ferry Street. The property is 1205.8 square metres (0.29 square feet) in area and has 19.812 metres (65 feet) of frontage along Main Street. The surrounding land uses include residential uses to the west and south. To the north is a mixed residential - commercial building and on the east side of Main Street are commercial uses. Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections. • Municipal Works - No objections. Recommends that the property go through site plan control for further comment. • Parks and Recreation, Legal Services, Fire Services and Transportation Services - No objections. Neighbourhood Open House A neighbourhood open house was held on November 9, 2010 to obtain comments from area property owners. No members of the public attended the open house. Planning staff received a phone call from the neighbour to the south asking what the application was for. Once informed about the specifics of the application, she had no objections to the proposal. ANALYSIS 1. Provincial Policy Statements and the Provincial Growth Plan Applications for amendment to the Zoning By -law are to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial Growth Plan - Places to Grow (P2G). Much of the emphasis of these sets of policies is on making efficient use of lands within built boundaries and promoting intensification, where appropriate. This application is consistent with this mandate as it represents intensification of the subject property by increasing the number of residential units within the existing building. December 13, 2010 - 3 - PD- 2010 -92 2. Official Plan The subject lands are designated Minor Commercial in the City's Official Plan. The policies allow for the conversion of commercial land to residential where there is an excess supply of commercially designated land subject to certain criteria. This application conforms to this criteria as it is not expected to have a detrimental impact on commercial development in the surrounding area. The density of 33 units per hectare is compatible with the surrounding area, the massing of the building is consistent with the character of the surrounding area, the setbacks of the existing building have been established for some time, and the proposal will not create any disruptions to commercial traffic patterns in the area. The application conforms to the Official Plan policies since there is sufficient parking available on the subject property, the property is in a suitable location with respect to public service facilities, and the building is compatible with the surrounding area. Therefore, Planning staff considers the application to conform to the Official Plan. 3. Zoning By -law The subject property is currently zoned General Commercial (GC), in part and General Commercial with a site specific provision for parking (GC -70), in part. The GC zone permits a variety of commercial uses and up to 66% of the total floor area to be used for dwelling units above the ground floor. The applicant is proposing to rezone the property to Residential Low Density, Grouped Multiple Dwellings (R4) with site specific provisions for the following: • Minimum lot frontage - 24 metres (78.8 feet) required /19 metres (62.3 feet) provided. • Minimum front yard setback - 7.5 metres (24.6 feet) plus 11.5 metres (37.7 feet) required /0 metres /feet plus 11.5 metres (37.7 feet) provided. • Minimum side yard setback - 1 /2 building height (3.7 metres/ 12.1 feet) required /2.14 metres (7 feet) provided. As the building has existed for some time, its character is part of the defined character of the neighbourhood. The site is physically large enough to support at least 6 dwelling units following the provisions of the requested R4 zone. It is not necessary to limit the property to 4 dwelling units. Planning staff recommends that the limit of 4 dwelling units not be included in the amending By -law. There is an existing parking area at the rear of the building with sufficient room for 10 parking spaces. Only 5 are required for 4 dwelling units. Given the above, the proposed amendment can be supported. December 13, 2010 - 4 - PD- 2010 -92 FINANCIAL IMPLICATIONS There are no further financial implications to approving this application. CITY'S STRATEGIC COMMITMENT The proposal provides for development as envisioned by the City's Official Plan. The provision of dwelling units on the property adds to the choice of housing options available in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Applicant's Sketch Recommended by: i ibAJA v° Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Lyt/f/ra en Todd, Chief Administrative Officer D.Deluce:mb Attach. S: \PDR\2010 \PD- 2010 -92, AM- 2010 -021, Nancy & Donald Searle, 5827 Main St.wpd December 13, 2010 - 5 - PD- 2010 -92 SCHEDULE 1 LOCATION MAP Subject Land ) /� $�1111IIIIIII111 I11111111II I i GI � _ 1:4706 1 �.� �� 1 1,4 11 S , - � r.�� r �. � � sr .�r i1= IIUI -�C i : wry I. . r ; E rn•r r� I ag r , �. 1 3 li r ri r r.. r�r� r .,. r NI xil EF fir SINI roam ow all> MN van 01111.0111 al „, mi am 0 Inn III NM MN MIME NNW i ten, III -" 111Iflfl1 1 r ; r r■� mom mom 1 M MN INN rir� __ — 1111r•a.■■Bq 1 G SPRING ST _"r. — �� I L11E L....usisq 1 g- ■ 1111 . ; : r . IN 1 a ssiai lull -, � 111 1 l ■ ril 1.11 zit ,,, LuN 0? A LUNDY .1„ illa mt mm. .• I No 111 well 11 d B va 0 1 AW F ei II 1 If ,. i am �; i , r - :. 11111 1 Ig r 1 ci liT PIA4.1 10111111 Amending the Zoning By -law No. 79-200 December 2010 Location: 5827 Main Street Applicant: Donald and Nancy Searle December 13, 2010 - 6 - PD- 2010 -92 SCHEDULE 2 ) M F G , 1 LOT I P. m,A s t"1 2 1 ms `s NORI SIDE OF L UN Y'S LANE)) \ - � , ^ e.cx 64315 mm(W) r. 9 4316 o�u(iM. ' e. IN. 64.115- o117(Lr) HST. NO. 90399650 I INST. N0. ROI77363 � pK;'O_ INST. NO. 60708494 - _ anr (u1 a vzl WM. w (03. 04) 'YY N05{'50, 1 A' 9336 16_79 96 .5343 (al n . .4 ' (WEST SIDE OF MAIN STREET, NO•TH OF LUNDYS LAZE) ` I. N . - O , 8 %+ O 2 8 m (-z, a p a $ a`2 S N � P p 1 $r u - 1 5 ' .� gR �j ., ..,71 as`� V p E _ NV, w I s., v tq \ . t N _ 1 g j ..e s y a ; p -- gy N _ y 'R: eo� $ � R E _ ;; a $! 4 ,aN t § tort% l rit '1 ` H1Y7 m i'-----1 `'T S � �n (f59 o ld) P.1 s' v . t i !Hi T�12Yi t - 6 p1d mo t $N9 : a mig.R'43* j m ' -, � ? _ o _"f- O ! o n oa z o o yz °zs, a� z 0 _ • tL �� Ni2, p (( g 33 oO n r 1 c : ' i I Z 'i l fz 9 A" 4 � - Q 3 pC a1 ,, Itlit < mz 2 { v i i ; obi 0 � 7 4 A a g < �� mm R£ $RB " < v n i `n m Z 1;1 ` diArA - i ' z� � 4','n fl uN , EA . p s P v o m - n co • A' t ill stiff < ,, . d It' g mop, m , < z m no N 1 ti c V, P (+ !g 98205., 27.ii ,Nn • g }}' �m .. c m m n '8% � z cri 3c — C 4 "Q0 73 ,4, ° H < .p1 - o y — W a o Y� g I m 1 1! t 1 g � o o vi a - I AMitP,A o 2,'" Z 2 � A `, I I Q€ €��ttty Av I, 11 6 ° ey f gg ' yg i $ k m �0 4 �5 9 r c EP Planning r=iles �n YEARS PUBLIC WORKS DEPARTMENT 1970 X 200 Development Services Division NiagaraigN Region 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Building Community. Building Lives. Tel: 905 -685 -4225 Tol I- free:1 -800 -2 63 -7215 Fax: 905 - 687 -8056 www. n i agararegi on ,ca November 22, 2010 Files: D.18.04.ZA -04652 Mr. David Deluce Planner 2 City of Niagara Fails 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Deluce: Re: AM- 2010 -021, Zoning By -law Amendment Application 5827 Main Street,iliagara Falls City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The property is currently zoned General Commercial (GC) with special provisions for parking (74), in part, and GC, in part. The amendment will permit the use of the existing building for four residential units with site - specific provisions to recognize the frontage of the property, the front yard depth and interior side yard width of the existing building and limit the number of dwelling units in the existing building to four. Regional staff offers the following Provincial and Regional comments to assist the City in considering the application. General Land Use The subject property is within the Urban Area Boundary for the City of Niagara Falls and within the Built -up Area according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan contain polices that support a mix of land uses in the urban area where appropriate levels of services and infrastructure exist to meet long term needs. Built -up areas are to be the focus of intensification and redevelopment within the Region over the long term. The information submitted with the application indicates that the property known municipally as 5827 Main Street has an existing building that contains four apartment units that are being rented for residential use. The proposed zoning amendment application has been submitted to recognize the current residential use and to recognize site - specific provisions for the site. The application indicates that there are no alterations or changes proposed to the existing building or site. RECEIVED NOV 2 6 2010 PLANNING & DEVELOPMENT 2 Provincial and Regional policies encourage the development of complete communities that 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. Transit supportive, pedestrian friendly urban environments are encouraged to improve transportation choice and accessibility. The property is located in an area with nearby commercial and institutional uses within a reasonable walking distance. In addition, transit services are available in the area. Residents will be provided with a good level of accessibility to many services, amenities, and employment opportunities, as well as transit options. The proposed zoning amendment for apartment dwelling units should improve housing choice for residents with a variety of lifestyles and/or income groups and supports the complete community concept. Conclusion The proposal represents an opportunity for intensification that makes efficient use of land and infrastructure as supported by Provincial and Regional policies. The proposed use will provide for a mix of uses within the urban area and the apartment style units will improve housing choice for residents. Therefore, Regional Development Services staff has no objections from a Provincial or Regional perspective to the proposed zoning bylaw amendment. If you have any questions or wish to discuss these comments, please contact me, or Marilyn Radman, Manager, Development Planning. Please send notice of the City's decision with regard to this application. Yours truly, 0: Teresa Gray, M IP, RPP Planner L:\Gray - Teresa\NIAGARA FALLSIZONING AMENDMENTS15827 Main Street15827Main Street.doc • PD- 2010 -91 Niagarapalls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building and Development SUBJECT: PD- 2010 -91 AM- 2010 -019, Zoning By -law Amendment Application 4001 Weaver Road Applicant: Gary Joseph Landry and Dianne Cartmell Removal of Site - Specific Zoning on Part of the Subject Property RECOMMENDATION That Council approve the Zoning By -law amendment to remove a site specific provision for a tourist home from the westerly part of the subject property and thus reinstate the standard Rural zone EXECUTIVE SUMMARY The applicant has applied to remove a site specific zoning from part of the subject property in order to fulfill a condition of lot addition application B- 2010 -014. The application is: • Consistent with the Provincial Policy Statement; • Consistent with the Provincial Growth Plan; • Conforms to the City's Official Plan. BACKGROUND Proposal The applicant has applied to amend the Zoning By -law to remove the site specific zoning for a tourist home use. The Committee of Adjustment approved a consent to sever 5.061 hectares (12.5 acres) from the subject property and add it to the abutting property to the west and retain a 3.9 hectare (9.6 acre) parcel with an existing tourist home (B- 2010 -014). The tourist home was added as a permitted use by By -law No. 2009 -63 and currently applies to the portion of land that is to be added to the abutting property to the west. Site Conditions and Surrounding Land Uses The subject property is 8.961 hectares (22.1 acres) in area and consists mainly of agricultural land. The subject property is relatively flat and features a wooded area at the west end and Ussher's Creek at the east end. Agricultural uses surround the subject property on all sides (where not interrupted by any natural heritage features). December 13, 2010 - 2 - PD- 2010 -91 Circulation Comments Information on the requested Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara The Region advises that they have no objection to the application subject to addressing any issues raised by the Niagara Peninsula Conservation Authority and that a provision be added limiting the existing tourist home to a total of 6 bedrooms (including for use by the home owners). • Niagara Peninsula Conservation Authority (NPCA) - The subject property has several environmental features on it. They request that these features be placed under an environmental protection zone. It is also noted that any new development on the subject property is regulated by the NPCA's Regulation of Development, Interference with Wetlands and Alterations to Shoreline and Watercourses. • Municipal Works, Parks and Recreation, Legal Services, Fire Services and Transportation Services - No objections. Neighbourhood Open House A neighbourhood open house was held on November 9, 2010 to obtain comments from area property owners. No members of the public attended the open house. ANALYSIS 1. Provincial Policy Statements The Provincial Policy Statements protect agricultural lands. The proposal is to add the lands to the adjoining farm for agricultural purposes. Therefore, the application to remove the bed and breakfast use is consistent with provincial requirements. 2. Official Plan The subject lands are designated Good General Agriculture in the City's Official Plan. The Good General Agricultural policies support the consolidation of agricultural land. Therefore, Planning staff considers the application to conform to the Official Plan. December 13, 2010 - 3 - PD- 2010 -91 3. Zoning By -law The subject property is currently zoned Rural, subject to the site specific provisions of By -law 2009 -63, which permitted a tourist home on the subject lands. The removal of the tourist home use from the lands would mean that the lands revert to the standard Rural zone. The current zoning of the tourist home on the remnant parcel restricts the number of rooms to 4 guest rooms for tourists. Therefore, the Region's requirement is satisfied. The NPCA requested that the environmental features on the subject property be placed under an environmental protection zone. Since the environmental features extend beyond the subject property, Staff believe that rezoning these features would be more appropriate at the time of a comprehensive review of the Zoning By -law when all of the environmental features can be properly rezoned. For this reason, Planning staff has not included the NPCA's request, at this time Based on the above, Planning staff has no concerns with the application. FINANCIAL IMPLICATIONS There are no financial implications resulting from this application. CITY'S STRATEGIC COMMITMENT The proposal assists in facilitating the consolidation of agricultural lands as contemplated by the City's Official Plan. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Applicant's Sketch Recommended by: J L0 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: en Todd, Chief Administrative Officer D.Deluce:mb Attach S:\PDR\2010 \PD- 2010 -91, AM- 2010 -019, 4001 Weaver Rd, Gary Landry- Dianne Cartmell.wpd December 13, 2010 - 4 - PD- 2010 -91 SCHEDULE 1 LOCATION MAP Subled Land r es % / / / %, N 111 t L 1:9412 tiCKRD i j r- II x W INIMMIl =1 IlleMONIMMII ■ r F , � VEs# j I i1S`t:: Amending the Zoning By-law No. 79 -200 November 2010 Location: 4001 Weaver Road Applicant: Gary Joseph Landry & Dianne Cartmell AM-2010-019 December 13, 2010 - 5 - PD-2010-91 SCHEDULE 2 -.1,J.: ' T l' o 9i1 !Ipi ' 1-1 -.-.-=.-... -----7,---• 1 ! i trf iillg 1 ; 1.: i l- 11 I I P fi . il• k 1 I 1 • i i i 1 Sipa illipill i I , i 1 I lin PI 1 1 I • ri " 1 ... . I ■ :', ) 1 11{!!!!!P 1 / 1 MT , .1 i 1 _ P Ill s. - — — I I r • I : .,•-., . f [ I . '-'<--------,. - ---°------ 11 i • : .. -'' - I I ! i -"ii I ' ll kalli i' I I` l 1;! I t! ilf 73 1 \ 11 1 a , I \ , , \ i i ii i 4 \ / \ , ! \ \ \ ' ) ' 1 ■I• ii 1 1 1 l, . V ,f ...... 1 -,.....-. \ \ 1 , \ . / [1 tis. 1 jiC ,. ., i • k ii; ii ii _ !Hi xi! _ !I ,,--issss-lz--• t _ • .____ ,, _ _ tor NIAGARA PENINSULA 250 Thoro ld Road West, 3rd Floor, Welland, Ontario l 3C 3W2 f PlanMng anped CONSERVATION Telephone 905.788.3135 I Facsimile 905.788.1121 1 www.npca.ca � '� AUTHOORITY RITY November 4, 2010 File No, MPR 9.20 City of Niagara Falls Planning, Building & Development Department 4310 Queen Street, 2 Floor Niagara Falls, ON L2E 6X5 Attn: Ms. Anamika Dilwaria, Planner Subject: Zoning By-law Amendment Application File No. Am- 2010 -019 Gary Landry & Dianne Cartmell 4001 Weaver Road, City of Niagara Falls The Conservation Authority last provided comments on consent application B- 2010 -014 (lot boundary adjustment) for the subject property in our correspondence dated September 21, 2010. . At that time, the Authority advised the City that the subject property is traversed by the Union Marsh Municipal Drain and is therefore impacted by the Floodplain associated with the Drain. This watercourse is identified as a Type 1- Critical Fish Habitat by the Ministry of Natural Resources, and also contains Provincially Significant Wetlands associated with the banks of the watercourse. Due to the environmental sensitivity of this property, any future development or site alteration on this parcel must comply with the Authority's Regulation of Development, Interference with Wetlands and Alterations to Shoreline and Watercourses" (0. Reg. 155106). The Authority also noted that the other property is impacted by Provincially Significant Wetlands associated with Ussher's Creek Wetland Complex identified as the treed area located between the two parcels. Wetlands provide for natural flood attenuation during storm events and, as such, it is important to maintain the hydrologic function of wetlands to assist in minimizing flooding impacts downstream. In accordance with the Authority's Regulations, no new development or site alterations are permitted within a wetland and a 30m buffer, measured from the edge of the wetland is also required. In addition to protecting the natural features and functions of a wetland, development setbacks assists In maintaining the hydrologic regime of the lands adjacent to a wetland, minimizes the potential for contamination of the groundwater and surface water and provides lands for activities such as nesting, resting, feeding and shelter for wetland species. In our previous correspondence (September 21, 2010), the Authority did not object to the approval of the consent application, however the Authority did suggest that the Wetiand.and Floodplain areas of all subject parcels be rezoned to a more restrictive category (Le. Environmental Protection) in order to recognize the environmental sensitivity of these lands and to ensure that no new development or site alterations will be permitted in these areas. The Authority has reviewed of the City's Correspondence to our office (October 21, 2010) which outlines that this application would re- establish the site specific Rural zoning on the east half of the subject lands (Part 1) to allow the existing tourist home to continue, and re- establish the standard Rural zone on the conveyed portion of land intended for continued agricultural purposes. The Authority understands that this • • 2 zoning by -law amendment is needed to satisfy a condition of the consent; however, the NPCA notes that our previous request to rezone the Provincially Significant Wetlands and floodplain areas has not been addressed as part of this application. I trust the above sufficiently outlines the NPCA's general concerns respecting this zoning by -law amendment application. The City and the property owner should be made aware that any new development requiring a building permit or application made under the Planning Act and /or proposed site alteration (including placement of fill, lot grading, or removal of vegetation) on either parcel will be subject to all Conservation Authority's Regulations and applicable Regional Policy and must be circulated to our office for review and comment. Feel free to contact our office should you have any further questions in this matter. Please send notice of Council's decision. Ya trul , arl Watershed Planner (ext. 272) cc. Ms. Teresa Gray, Planner, Region of Niagara • • • • - 0 ■ YEARS PUBLIC WORKS DEPARTMENT 1970:, 2010 Development Services Division Niagara WII Region 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 417 Building Community. Building Lives. Tel: 905- 685 -4225 ToI I- free:1- 800 - 263 -7215 Fax: 905 - 687 -8056 www.n iagararegion.ca October 21, 2010 Files: D.18.04.ZA -04648 Planning Scanned File: 71e, _- Ms. Anamika Dilwaria, Planner 2 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Ms. Dilwaria: Re: Provincial and Regional Comments Zoning Bylaw Amendment Application, AM -2010 -019 Removal of Site Specific Zoning on the West Half of Property 4001 Weaver Road, City of Niagara Falls - This zoning amendment application is to satisfy a condition of approval for Consent Application B- 2010 -014, which proposed a boundary adjustment between two existing parcels. Through the previous consent application Part 2, being a 5.06- hectare acre parcel, is proposed to be merged with the adjacent farm parcel to the west to be used for agricultural purposes and Part 1, being a 3.9- hectare parcel with an existing bed & breakfast facility, is to be retained for continued residential use. The current zoning amendment application will repeal By -law 2009 -63, re- establish the site - specific Rural zoning on the east half of the lands (Part 1, on site plan) to allow the existing bed & breakfast use to continue and will re- establish the standard Rural zone on the west half (Part 2) of the lands that are intended to be severed and conveyed to the abutting lands to the west for continued agricultural purposes. The following Provincial and Regional comments are provided to assist the City in considering the application. The subject property is located within the "Rural Areas" designation according to the Regional Policy Plan. The Regional Policy Plan provides that the predominant use of lands in "Rural Areas" will continue to be agriculture, but some non -farm related development is permitted subject to the applicable provisions of the Regional Policy Plan and local official plan policies. However, the City's Official Plan designates the property "Good General Agriculture" and contains more restrictive policies to protect the continuation of farming operations and restrict the establishment of non -farm uses. Local official plans may be more detailed in their policies and still comply with the Regional Policy Plan. Further, the Provincial Policy Statement (PPS) does not prevent planning authorities and decision makers from going beyond the standards established in provincial policies (unles with the policies of the PPS). f CEI OCT 2 7 2010 PLANNING $� C�EVELOPMENT 2 The Region's Core Natural Heritage Map shows that Part 1 is traversed by Usshers Creek, which is identified as a Type 1 'Critical' Fish Habitat by the Ministry of Natural Resources. Portions of the property are also identified as an Environmental Conservation Area (Significant Valley Lands and Significant Woodlands). In addition, Ministry of Natural Resource mapping identifies two Provincially significant wetland areas one being along Usshers Creek and the other being situated partly on the easterly portion of Part 3 and the westerly portion of Part 2. In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the NPCA is responsible for the review and comment on all planning applications for impacts on the natural environment. Please refer to the detailed comments of the NPCA regarding any environmental issues associated with the application. In our comments to the City with respect to the consent application Regional Development Services Staff was not opposed to its approval subject to the comments of the NPCA as the boundary addition met Provincial and Regional requirements. Similarly, subject to the comments of the NPCA, Regional Development Services Staff is not opposed to the approval of this application as the proposed rezoning will address a condition of consent approval and will ensure that the agricultural farm parcel is protected for long -term use for agriculture. Technical staff advises that a sewage permit has been issued for a system to service a residence with a maximum of 6 bedrooms. Therefore the zoning amendment shall limit the number of bed & breakfast guest rooms to ensure that the total bedrooms within the residence does not result in additional private sewage capacity issues. It is noted that as a condition of consent approval Regional Staff requested that the second residential dwelling unit in the detached accessory building be removed and its connection to the private sanitary sewage system be disconnected as approval had not been granted by the Regional Development Services Department. On October 15, 2010 an inspection by the Development Services Division indicated that the dwelling unit in the accessory building has been converted to storage space and been disconnected from the private sewage system to the satisfaction of the Development Services Department. In conclusion, Regional staff has no objections to the proposed rezoning application from a Provincial or Regional perspective provided that any requirements of the NPCA are met, that the site - specific zoning by -law limits the number of bed & breakfast rooms in compliance with the approved sewage permit and that the City is satisfied local concerns, if any, have been addressed. If you have any questions, please contact me at ext. 3430 or Marilyn Radman, Manager Development Planning at ext. 3485. Please send notice of the City's decision with regard to this application. Yours truly, k a eresa Gray, RPP , Planner cc: Councillor Smeaton Lindsay Earl, NPCA L:1Gray- Teresa\NIAGARA FALLS\ZONING AMENDMENTS14001 Weaver Roadlcomments.docx PD- 2010 -94 Niagarra 7alls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -94 26T -11- 2009 -01 & AM- 2009 -030 Fernwood Phase 3 Draft Plan of Subdivision Zoning By -law Amendment Application Lundy's Lane (North Side), West of Garner Road Owner: 800460 Ontario Limited (Fred Costabile) RECOMMENDATION 1. That Council not approve the Fernwood Phase 3 Draft Plan of Subdivision or the related Zoning By -law Amendment application. 2. That Council pass the resolution listed on tonight's agenda indicating that the proposed extension of Highway 420 is not needed or desired in the municipality. 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 96 single detached lots and 2 blocks for townhouses (44 units in total). • The request is in keeping with the Official Plan and is generally supported by external agencies. This completes the Fernwood development approved at the OMB and represents good planning. • However, the request cannot be recommended until such time as the Ontario Ministry of Transportation (MTO) has withdrawn the Ministerial Order protecting the Highway 420 extension through the property. BACKGROUND Proposal The applicant proposes to subdivide the 9.35 hectare (23.11 acre) parcel of land on the north side of Eagle Ridge Drive, west of Garner Road (see Schedule 1), into 96 Tots for single - detached dwellings, and two blocks of land for condominium townhouses (44 units). Schedule 2 illustrates the design of the subdivision. A zoning by -law amendment application is being processed concurrently with the subdivision application. The subject land is currently zoned Development Holding (DH) under Zoning By- law No. 79 -200. The land is requested to be rezoned to Residential Single Family 1 E Density (R1 E) for the 96 single detached lots and to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone for the condominium townhouse blocks, with a special setback of 5 metres from the lands zoned Environmental Protection Area (EPA) to the east of the subdivision. December 13, 2010 - 2 - PD- 2010 -94 Surrounding Land Uses The Fernwood Phases 1 and 2 Plans of Subdivision, which are now registered and being developed, are located to the south. A significant woodiot, which was protected as part of Fernwood Phase 1, is located to the east. Agricultural lands and a woodiot are located to the north. Agricultural lands, rural residences and a golf driving range are located to the west. Neighbourhood Open House A neighbourhood open house was held on November 15, 2010 and was attended by 5 members of the public. One resident asked if the road network could be expanded westward into the Good General Agricultural area. The developer's agents explained that the north and west boundaries of the subdivision formed the urban boundary, and roads could not be expanded beyond the urban boundary. Two residents expressed concern about the proposed townhouse blocks and the impacts they may have on adjacent single detached dwellings, including the location of waste disposal facilities. The developer's agents stated that the blocks were anticipated to be developed with condominium bungalow or loft townhouses at a relatively low density. Waste disposal is anticipated to be curbside pickup by a private contractor. A number of questions were raised about protection of natural areas (the designated woodiot to the east in Fernwood Phase 1 as well as a woodiot to the north of the proposed subdivision), and if the northerly woodiot encroached onto the subject land. The developer's agents noted that the woodiot to the east is intended to be protected by a 5 metre setback. The woodiot to the north was studied by the developer's environmental consultant who recommended several measures to mitigate impact on the woodiot, including protective fencing. The developer's surveyor is to survey the property line to determine if the woodiot encroaches onto the subject land. ANALYSIS 1. Provincial Matters - Highway No. 420 Alignment The land is subject to a Provincial Order in Council, dated February 16, 1978, designating a Controlled Access Highway (future Highway 420 extension) across the land. Council held a public meeting regarding this subdivision on February 22, 2010 to obtain comments from the public. At this meeting Council directed staff to engage the Minister of Transportation and the Minister of Municipal Affairs in discussions to investigate the possible relocation of the future alignment of Highway 420 outside the municipal urban boundary. Staff met with MTO representatives in June, and stated that the land is needed to meet residential targets in the City and advised that the alignment goes through a significant woodiot. The representative indicated that the City should participate in the Environmental Assessment (EA) process for the Niagara to GTA corridor, and if an alternative route is determined through the EA, the City request the Minister's Order be lifted. The EA is expected to be completed in December. Until future alignment of the Highway 420 is determined and the Order in Council lifted on the land, further processing of this application is not recommended. The Planning Act requires that decisions of City Council are to have regard to Provincial interests such as this matter. December 13, 2010 - 3 - PD- 2010 -94 2. Provincial Policy Statement and Growth Plan Provincial policies require greenfield areas, such as the Fernwood development, to be developed in a compact urban form. To this end, the Region has directed that greenfield areas in the City are to be developed to achieve a density of 53 persons and jobs per hectare. The policies also call for the protection of significant natural features. Although Fernwood development achieves a lower density (15 units per hectare versus 20 units per hectare directed by Regional growth plan policies) the densities are in keeping with the Ontario Municipal Board order for this development. The Region has not expressed concerns with these densities. The lands are part of the supply of urban lands necessary for future growth under the Provincial Growth Plan. This phase of development represents an efficient use of urban lands, helps the City meet its residential growth targets and takes advantage of existing infrastructure. 3. Official Plan The Official Plan designates the land Residential and Special Policy Area 44. The special policies that apply require a mix of housing types at a density of 6 units per acre (15 units per hectare) to be developed on the land. In previously approved phases, a mix of single detached dwellings, townhouses and apartments are being developed. Additional single detached and townhouse dwellings are proposed in this phase. To protect the significant woodlot in Phase 1, the policies direct that all buildings and structures be set back 5 metres from the woodlot perimeter, and any master grading plan prepared for residential lands is to be sensitive to the protection of the woodlot. 4. Subdivision Design The majority of development parameters and general design issues for the overall site were determined by the OMB approval of the Official Plan amendment, Zoning By -law amendment and the draft plan conditions for Phase 1. The design of the subject plan of subdivision is largely established by the previous phases. The subdivision is accessed by Eagle Ridge Drive and extensions to Ironwood Street and Osprey Avenue. As the north and west boundaries of the subdivision form the urban boundary, there are no future extensions of the road network north or west. All parkland requirements of the developer for the combined Fernwood area were addressed in Phase 1 through the development of a trail system south of Hendershot Boulevard. Playground equipment will be installed adjacent to the trail which is the main recreational / open space feature for this area. Therefore, no parkland is required in the Phase 3 subdivision. The condominium townhouse blocks (Blocks 97 and 98) will be subject to site plan or vacant land condominium applications. 5. Zoning By - law Amendment The standard Residential Single Family 1 E Density (R1 E) Zone has been requested for the 96 of the single detached lots. This zone has the appropriate provisions to guide the development of these lots. December 13, 2010 - 4 - PD- 2010 -94 A site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone is requested for the 2 townhouse dwelling blocks (Blocks 97 and 98). The proposed R4 zone contains all the provisions of the standard R4 zone to guide the development of the blocks. In keeping with the Official Plan policies protecting the woodlot to the east, the site specific R4 zone is requested to contain provisions requiring a 5 metre structure setback from the east lot line of Block 98. Typically an amenity yard of 7.5 metres is required behind any townhouse unit. 6. Environmental Protection - Woodlots The site abuts a woodlot to the east and another to the north. The significant woodlot to the east is owned by the City. The east boundary of Block 98 is based on the surveyed dripline of trees within this woodlot. This woodlot is to be further protected by the recommended 5 metre structure setback in the proposed by -law and by measures (which will need to be implemented through conditions of approval) to ensure grading of the residential lands will be sensitive to the protection of the woodlot. The applicant has submitted an environmental study (a Woodlot Mitigation Brief) to address the woodlot to the north of the subdivision. To ensure this woodlot is not impacted by development of the subdivision, the consultant recommends that limit of construction fencing be erected along the southern dripline of the woodlot, that grading maintain the existing southward surface runoff and chain link fencing be erected along the lot lines of the abutting Tots and blocks to prevent intrusion into the woodlot. In addition, the applicant's agent stated the southerly boundary of the woodlot would be surveyed to determine if any trees encroach on the subject land. Any necessary protection will need to be secured through conditions of approval. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Subdivision Plan Recommended by: i L1 C;'(i` A ex Herlovitch, Director of Planning, Building & Development Respectfully submitted: JA4-4Af Ken Todd, Chief Administrative Officer A.Bryce:sa Attach. S: \PDR\2010 \PD- 2010 -94, 26T -11- 2009 -01, AM- 2009 -030, Fernwood Phase 3, 800460 Ontario Ltd (Fred Costabile).wpd December 13, 2010 - 5 - PD- 2010 -94 SCHEDULE 1 Proposed Plan of Subdivision Fernwood Phase 3 26T -11- 2009 -01 Location Map 4 1 /7 • 11 44 la •• k •IPP1.114 4/1111 111 4" 1111111k 4 0 11 \ ofig . we 44 A § I rIP sr -II Subject Land M Scale 1:NTS K: \GIS_Requests \2010 \Schedule \subdivision \Fernwood Phase 3 \mapping. map October 2010 December 13, 2010 - 6 - PD- 2010 -94 SCHEDULE 2 \i i - /\ PHASE 3 _. "_ N ,,� �-4 ,.....„ „,,,, s - - '' PHAS 1 ''' �% ;, ■ s r . : ,. ,‘ j ,._._.--,.. L .---- , . , • V i • r ! � ar , g.r,�a. 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"`s I q in a 1 .0#' • 63 1 , . 1 5 _ 1 \ 1‘ HIGHWAY I " `14` :� RIGHT -OF -WAY 8 \ 1 \ 1 \ i .1 \ \1 1 LO Planning cif' ca - no _ Ric ig ' 1 -T-// ax`, -a/ Marianna & Joe McMaster 9301 l3eaverdams Road Niagara Falls, ON L2E 6S4 Alex Herlovitch Director of Planning and Development City of Niagara Falls November 15, 2010 Dear Mr. A. Herlovitch, Please accept the following comments via fax on November 16 2010. We were unable to attend the Open House on November 15, 2010, this evening at the last minute. We are responding to the information we received from the Planning and Development office, specifically to the report from LCA Environmental Consultants dated September 21, 2009, from the Niagara Region dated February 4, 2010 and from the Niagara Peninsula Conservation. Authority dated February 4, 2010. We would firstly like to address how this phase 3 will be built when the houses lie on the future Highway 420 protected corridor. How will future residents cross over to their houses when there is no way for them to get there in the present subdivision plan? Presently, we are not aware of this protected corridor no longer existing. This builder has a reputation of moving forward without the appropriate procedures being followed. Are they allowed to move forward again without meeting the conditions for application? Secondly, we would like to address the recommendations /comments made by all three parties that the Northern Woodlot in phase 3 should be protected from construction and later on by encroachment from the residents of the subdivision. There are recommendations to prevent erosion, to promote storm. water management away from the forest an lastly to build a fence outside of the drip line of the largest trees to allow border vegetation to flourish. We would Like to see this fence go up earlier than later. Phase one is well under way and nothing has been done to protect this woodlot from construction or encroachment. Presently, lumber sits well into the forest for what looks like is intended for a future deck for that home. Sod has been laid down that is well under the drip line of the largest trees. This is because no fence has been placed in the phase one section of the subdivision. We ask, who will put these fences up and when? Lastly, the subdivision developers were to include a park for the neighbourhood. This subdivision is so far away from all services that the city can provide that it must provide more than green space in phase 1. The recommendation for another park if phase 3 will yR�IKY: Vie: RECEIVED i NOV 1 6 2010 PLANNING - & DEVELOPMT,,. be included, should be followed up by the city, which is strongly being recommended by the region. We would like to be notified that this written notice was received as we were unable to make the meeting last night at the last minute. We hope that we can also be included in the notice for the upcoming public meeting. We have been involved in the stewardship of the forests of Fernwood subdivision since the very beginning and our interest continues, Sincerely, �,, Q 1/1 -,arm 3 c # �i�` Marianna and Joe chaster screaininj oe @sympatico. ca 26T- II- 2oo3-o /11 2Qr -030 Planning November 15, 2010 ` Fill Y /,/.11 /.45,0 134 Church Street ---- St. Catharines. Re P. e^ f t 44 Phase Three Regarding Phase Three of the ItignitnAds subdivision, I am in support of the basic concept of fencing the forest impacted by lots 19 to 27 and keeping development away from the drip line. This concept is correctly put forward in the comments by Lisa Campbell and the various public agencies that have commented on the report. I am concerned however, that the forest may int;ude into all or parts of lots 19 to 27. In this case, the fence should be set within the t Yl7'4 s subdivision boundary and part of the proposed lots of the plan of subdivision modified. I believe the best way to ensure that the forest does not extend into the ` v'mWbt Phase Three would to be to invite those of the public to walk the property with agency representatives, an agent of the developer and a land surveyor well before the scheduled December 13 Public Meeting under the Planning Act. If this cannot be done in time for the Public Meeting -it should be postponed- unless however, a similar field visit can verify that the forest does not extend into any of the proposed future lots. Sincerely, d - TA';'" Dr. John Bacher (PhD) DECEIVED NOV 1 6 2010 PLANNING & DEVELOPMENT (11/24/2010) Andrew Bryce - Fernwood Phase 3, 26T -11- 2009 -01 Page 1 Planning , caIineC, From: <nick.coleman @cn.ca> P _flp L ILI/ To: <aherlovitch @niagarafalls.ca> y Date: 11/24/2010 10:28 AM Subject: Fernwood Phase 3, 26T -11- 2009 -01 Alex, as CN has an agreement in place with the developer, Phase 3 appears to be setback at or beyond 300 metres from CN's right -of -way and previous Phases 1 and 2 are intervening, it is not likely that noise and vibration from railway operations will be an issue for this Phase. As such, CN has no objections or conditions that it would like imposed on Phase 3. Regards, Nick Nick Coleman B.Sc. Manager, Community Planning & Development CN Business Development & Real Estate 905 - 760 -5007 w Fax: 905 -760 -5010 w NICK.COLEMAN @cn.ca 1 Administration Road, Concord, ON L4K 1B9 t ------ N0 F! "`N I NG & DE .~'nMENT Ministry of Ministers des L O nta r i o Transportation Transports Region du Centre Central Region section de gestion des couloirs routiers Corridor Management Section 1201 avenue Wilson 1201 Wilson Ave. 7e stage, edifice D CLERK'S 7' Floor, Bldg. D Downsview, ON M3M 1J8 Downsview, ON M3M 1J8 Tel: 416 235 -4572 Tel.: 416 - 235 -4572 Telec: 416 235 -4267 DEC 0 8 2010 Fax.: 416 - 235 -4267 Email: hugh.fyffe @ontario.ca Email: hugh.fyffe @ontario.ca December 06, 2010 Mr. Alex Herlovitch Director of Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON, L2E 6X5 Re: Notice of Application and Public Meeting Draft Plan of Subdivision — File # 26T -11- 2009 -01 Fernwood Phase 3 West of Garner Road, North of Lundy's Lane Owner: 800460 Ontario Limited (Fred Costabile) City of Niagara Falls Dear Mr. Herlovitch: Further to faxes on October 09, 2008, November 13, 2008 and January 13, 2010 from MTO to yourself regarding the referenced subdivision, the ministry has completed its review of the above application. Our review is in accordance with the requirements of our controlled access highway policies and criteria and the Public Transportation and Highway Improvement Act and we offer the following comments for your information. Please be advised that the MTO, under the authority of the Public Transportation and Highway Improvement Act, will not allow Lot 53 to Lot 96 inclusive, Lots 1 to 7 inclusive, as well as any roadway, feature, structure or amenity associated with or belonging to the proposed subdivision to be located within the corridor labelled `Controlled Access Highway' shown on the Draft Plan of Subdivision. Further, the Public Transportation and Highway Improvement Act provides the MTO with the authority and control to maintain a 14m setback from the `right -of -way' of all `designated' controlled access highway corridors. The 14m setback applies to all structures above and below ground, as well as any proposed feature or amenity deemed essential to the operation of the site. These features include but are not limited to parking spaces required by municipal by -law, fire RECEIVED DEC 0 8 2010 PI &NNING 2 routes, loading dock, municipally assumed /private roads and /or servicing etc. Please note that the Future Highway 420 corridor shown on the Draft Plan of Subdivision (October 20, 2009) as `Controlled Access Highway...' was designated by an Order in Council on February 16, 1978. When a highway or corridor is designated as a `Controlled Access Highway' under the Public Transportation and Highway Improvement Act, the Act necessitates that all structures be setback a minimum distance of 14m from the it's `right of way' to provide flexibility for future highway needs. Yours sincerely, Dlpit UY tipped by Hugh Fyffe Hugh Fyffe Dale p � C 06 09 09 V3 Hugh Fyffe Project Manager PD- 2010 -95 Niagara,Falls December 13, 2010 CANADA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -95 26CD -11- 2006 -05 & AM- 2010 -018 Modifications to Draft Approved Plan of Vacant Land Condominium - Thundering Waters Village Official Plan and Zoning By -law Amendment Application Drummond Road (East Side), South of McLeod Road Owner: Mountainview Homes (Niagara) Ltd. RECOMMENDATION 1. That the draft approved plan for the Thundering Waters Village Vacant Land Condominium be modified subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the modified 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 Official Plan and the Zoning By -law be approved as detailed in this report to increase the number of dwelling units from 270 to 321 and to provide the necessary land use regulations to guide the development of the condominium. 5. That the Mayor and City Clerk be authorized to execute the condominium Subdivision Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has requested a modification to the draft approved plan of vacant land condominium for the Thundering Waters Village to permit the development of 39 additional single detached units (124 in total) and 12 additional townhouse dwelling units (47 in total). Related Official Plan and Zoning By -law amendments have been requested to accommodate the increase in dwelling units and the smaller lot sizes. These requests can be supported because: • the proposal complies with Provincial and Regional policies with respect to providing compact development and is consistent with densities for low to medium density developments directed by the Official Plan; December 13, 2010 - 2 - PD- 2010 -95 • there will be no additional impacts on protected environmental lands; • transportation and servicing infrastructure are sufficient to service the additional units; and • the requested zoning standards will provide for compact development and a unique community design. The conditions of approval are listed in the Appendix. BACKGROUND Proposal The modification and amendments are requested for an 11 hectare (27.1 acre) parcel of land on the east side of Drummond Road, south of McLeod Road (see Schedule 1). A plan of Vacant Land Condominium to subdivide the site into vacant land units (i.e. lots) for the construction of 85 single detached dwellings, 35 on- street townhouse units and one block for a 150 unit apartment dwelling was draft approved by Council in 2008. The applicant is requesting this plan be modified to subdivide the site into vacant land units for the construction of 124 single detached dwellings and 47 on- street townhouse units. No changes are proposed to the apartment block. An Official Plan and Zoning By -law amendment application is being processed concurrently with the application to modify the Draft Approved Plan of Vacant Land Condominium. The land is currently designated Residential, in part, and Environmental Protection Area, in part, and Special Policy Area No. 53 by the Official Plan, which permits the development of up to 270 residential dwelling units. The applicant is requesting the Official Plan be amended to permit the development of up to 321 residential units. The land is currently zoned a site specific Residential Single Family 1D Density zone (R1 D- 804), in part, a site specific Residential Mixed zone (R3 -805), in part, a site specific Residential Apartment 5F Density zone (R5F -806), in part, and a site specific Environmental Protection Area zone (EPA -807), in part. The applicant is requesting reduced lot frontages and side yard widths and increased setbacks from the EPA -807 zone for the lands zoned R1 D -804 and reduced lot frontages and landscaped open space and increased driveway widths for the lands zoned R3 -805. The applicant is requesting two areas of smaller single detached Tots near Drummond Road and at the east end of the property be placed under a Residential Single Family 1E Density (R1 E) zone with site specific provisions permitting reduced lot frontages, lot areas, front, rear and side yard setbacks and increased lot coverage and driveway widths as well as the same setbacks to the EPA zone and accessory building and structure regulations that are requested for the lands zoned R1 D -804. The requested regulations are intended to facilitate smaller lot sizes. No changes are proposed to the R5F -806 and EPA -807 zones. Surrounding Land Uses The Thundering Waters golf course is located to the south, while a hydro corridor is located to the north. A mix of residential dwellings, industrial uses and vacant land lie to the west. The Conrail Drain is located to the southeast of the property, with industrial uses further to the southeast. December 13, 2010 - 3 - PD- 2010 -95 Neighbourhood Open House A neighbourhood open house held on November 2, 2010 was attended by 4 residents. The residents were concerned that changes were proposed to the Environmental Protection Area zone, but none are contemplated. Concerns were also expressed about the impact on existing sewer services; the developer responded that final clearance would need to come from the Region that there is sufficient capacity in the sanitary sewer system prior to registration of the condominiums. The residents received confirmation that fencing will be provided along Drummond Road and that the proposed lots are not being shifted closer to the existing residential properties north of the hydro corridor. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies promote increased densities and compact development within built up areas including the subject lands. The modifications to the condominium modestly increase the density of the development and represent an efficient use of residential land and urban services that will assist the City in meeting its density targets. The Region is satisfied the plan is consistent with Regional and Provincial policies and has no objections to its approval. 2. Official Plan The Official Plan designates the land Residential, in part, and Environmental Protection Area, in part and Special Policy Area No. 53. The Official Plan permits a maximum of 270 dwelling units (in the form of single detached dwellings, townhouse units and one apartment building). The applicant is requesting the maximum number of units in the Official Plan be increased to 321 units to reflect the increase in single detached and townhouse dwelling units. No other changes are proposed to the special policies that apply to the site. The proposed development and requested change in the number of units satisfies the intent of the Official Plan as follows: • The modest increase in the density of the single detached dwellings and townhouses is consistent with Official Plan policies governing the density and location of these dwellings. • The development will remain compatible with the subdivision to the north in terms of density, building mass and appearance. Extensive setbacks to surrounding residences will be maintained. • There will be no impacts on the environmental lands in the development. The conservation areas are not being changed and policies intended to protect these areas will remain in effect. • Transportation and servicing infrastructure can support the modest increase in the number of dwelling units. December 13, 2010 - 4 - PD- 2010 -95 3. Zoning By -law Amendment Site specific Residential Single Family 1D Density (R1D-804), Residential Mixed (R3 -805) and Residential Apartment 5F Density (R5F -806) zones were implemented for the residential blocks on the land in 2007, while conservation areas were zoned Environmental Protection Area (EPA -807). Only the R1D-804 and R3 -805 zones are proposed to be amended. A new site specific Residential Single Family 1E Density (R1E) zone is proposed for the smallest of lots for single detached dwellings (Lots 1 to 19, 63 -72 and 84 to 107). This R1E zone will contain the same site specific standards that will apply to the R1D-804 zone other than the standards summarized below. The new site specific provisions promote compact development, have no off -site impacts and allow for flexibility in siting the dwellings to develop a unique community. The following is a summary of the changes: • Minimum lot area, R1 E zone - 370 to 450 square metres required /269 square metres requested. • Minimum lot frontage, R1E zone - 12 to 15 metres required /9.7 metres requested. • Minimum lot frontage, R1D zone - 15 to 18 metres required /12 metres requested. • Minimum side yard setback for a 2 storey dwelling in the R1D and R1E zones - 1.8 metres required /1.2 metres requested. The R1E zone is requested to permit a side yard setback of 0.6 metres if the adjacent dwelling has a side yard setback of 1.8 metres. • Minimum rear yard setback to the EPA -807 zone in the R1D and R1E zones - 3.75 metres required /6 metres requested. This increase is in lieu of these dwellings providing large amenity areas in the side yards. • Minimum exterior side yard setback to the EPA -807 zone in the R1D and R1E zones - 3.75 metres required /0.9 metres requested. This impacts only on the two lots that flank onto Drummond Road. • Minimum lot frontage, R3 zone - 10 metres required /8.5 metres requested. • Minimum landscaped open space coverage, R3 zone - 30% permitted /0% requested. • Maximum driveway widths, all zones - 50% of the lot frontage permitted/50°k- 71% of the lot frontage requested (to permit 6 metre wide driveways throughout the development). 4. Plan of Condominium Essentially the only changes to the draft approved Plan of Vacant Land Condominium are the lot sizes for the singled detached and townhouse units. The road pattern remains the same, as does the size and location of the apartment building block. Environmental lands will continue to be protected under previously approved conservation easements and common element areas. December 13, 2010 - 5 - PD- 2010 -95 The applicant had met conditions of draft plan approval but had not progressed to final approval. Due to the relotting, revisions to servicing, grading and landscaping plans are required, as are sign offs from utility companies. The conditions listed in the Appendix cover these matters and will direct that necessary clauses get put into the condominium agreement. FINANCIAL IMPLICATIONS The condominium will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The revised plan of condominium will comply with the City's Official Plan and Special Policy Area No. 53. LIST OF ATTACHMENTS ► Appendix ► Schedule 1 - Location Map ► Schedule 2 - Condominium Plan Recommended by: k../Ap Li-ton Alex Herlovitch, Director of Planning, Building & Dev opment Respectfully submitted: en Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2010 \PD- 2010 -95, 26CD -11- 2006 -05, AM- 2010 -018, Thundering Waters Village, Mountainview Homes.wpd December 13, 2010 - 6 - PD- 2010 -95 APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., revised August 18, 2010, showing vacant land units for 124 single- detached dwellings, 47 townhouse dwelling units and an apartment building (150 units) as well as common element areas for private roadways and landscaping /open space. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all revised servicing plans including water, sanitary, stormwater, private driveway, proposed bridge crossing, lighting, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer construct a sidewalk along the Drummond Road frontage of the site to the City's satisfaction. 6. The developer submit revised servicing plans indicating private roadway dimensions and the location of fire hydrants to the satisfaction of Fire Services. 7. The developer establish conservation easements to the City's satisfaction as indicated on the plan at the rear of Units 20 to 62 (inclusive) and along the west boundary of the development abutting Drummond Road. 8. The developer pay the City cash -in -lieu of 5% parkland dedication. 9. The developer submit revised landscaping and fencing plans for the review and approval of the City including the streetscape treatment along Drummond Road. 10. The developer provide boulevard trees along the private roadways for the single - detached and townhouse units in accordance with City policy. 11. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all conditions imposed have been or are to be fulfilled. 12. 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. December 13, 2010 - 7 - PD- 2010 -95 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). 13. The developer shall agree, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 14. The developer provide a blanket easement to Bell Canada, if required, for the townhouse complex. 15. 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. Note: Canada Post's multi -unit policy, which requires the owner to provide the centralized mail facility at their own expense, will be in affect for buildings /complexes with a common lobby, common indoor or sheltered space. 16. 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. 17. 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. 18. 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. 19. 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. 20. The developer promptly acknowledge that draft approval of this condominium 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 condominium for registration purposes. 21. Immediately following notice of draft plan modification, the developer shall 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 condominium, shall contain a clause clearly indicating that a servicing allocation for this condominium will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the condominium agreement between the developer and the City of Niagara Falls. December 13, 2010 - 8 - PD- 2010 -95 22. The developer provide any necessary further assessment of industrial operations in the vicinity and a noise and vibration analysis with appropriate mitigation measures determined and implemented to the satisfaction of the Region and the City through the necessary condominium agreement and /or site plan agreement. 23. The draft plan of condominium be revised to provide a temporary turning circle or "T" turnaround area within the future apartment block (Unit 172) to comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW 2.W07) and the developer enter into an Indemnity Agreement with the Region to the satisfaction of the Regional Niagara Public Works Department. 24. Revised servicing and lot grading plans, including the location of Regional services and easements on the property, be submitted for review to the satisfaction of the Regional Public Works Department. 25. The Tree Saving Plan be revised as necessary, including areas to be replanted, in accordance with the Regional Tree and Forest Conservation By -law No. 47 -2006 and implemented through the condominium agreement and /or site plan agreement. 26. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Department for review and approval two copies of a detailed stormwater management plan for the condominium 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, May 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 stormwater management and other related plans on the Region's behalf and submit comments to the Regional Development Services Division regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. 27. The condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 26. 28. The developer submit a copy of the revised lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. 29. The developer install temporary fencing prior to the start of construction and permanent fencing of a type specified by Hydro One after construction is completed, both at the developer's expense, along the boundary of the Hydro One transmission corridor. December 13, 2010 - 9 - PD- 2010 -95 30. Immediately following notice of draft plan modification, the developer submit a letter to Hydro One acknowledging: I) that the abutting transmission corridor is not to be used without express written permission of Hydro One; ii) that during construction, there will be no storage of materials or mounding of earth or other debris on the transmission corridor; and iii) the developer will be responsible for restoration of any damage to the transmission corridor or facilities thereon resulting from construction of the development. Furthermore, the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this condominium subdivision will be borne by the developer. Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 — Proximity —of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 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 Conditions 12 to 14 (inclusive) - Canada Post for Conditions 15 & 16 - Enbridge for Conditions 17 to 19 (inclusive) - Regional Municipality of Niagara for Conditions 20 to 27 (inclusive) - Hydro One Networks Inc. for Conditions 28 to 30 (inclusive) December 13, 2010 -10 - PD- 2010 -95 Schedule 1 LOCATION MAP Subject Land ��/. ■ ■ kirIIiI "'�11111 /�ii Ilj�i� �� ..1.. s ,,,, "to Ail I I I i ! /1111111111// '�= �� !. i � I Ii� � � � s= 111111 = `'r � , c , i .. �� X111111= � _ � 11111�� 111111 \ � �,�«K � I : ..iilllllllllillll�� /1111111 CRIM ,�' � 1111111111111�� ill:: / IIIIIIIIII111111lliUU11111�11111111 Ar 1 /1 IVA OLDFIE .. ,J A llip 1 Amending the Official Plan and Zoning By -law No. 79 -200, and Plan of Vacant Land Condominium Location: Drummond Road Applicant: Mountainview Homes (Niagara) Ltd. - December 13, 2010 - 11 - PD-201095 SCHEDULE 2 DRUMMOND ROAD,.......,....... _ _ .... .....*.. . ...■ , ■ ... . . \'' I "413 A :*.re.-M - ,t-vy.,- 32. 52 `t!...3- ?g, LI. 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' , . 1 % k \ , ‘ ‘,i s ' i ''' ‘-, ` \ ' r''‘, -• "1,. 14 1 1 ----'471 / , 0 q ' r , m , 1.-3, 0 0 3 3 c Z _ 3 D —I O z cn 12/6/2010) Teresa Fabbro Re Mayoral Proclamation Req From the City of Niaga Falls Page 1 From: Dean Iorfida To: gianni marinelli CC: Teresa Fabbro Date: 9/8/2010 11:57 AM Subject: Re: Mayoral Proclamation Request From the City of Niagara Falls Thank you, Gianni. We will bring this forward for Council's approval in December. With a municipal election forthcoming, its probably not appropriate to bring it earlier, especially if the Mayor changes. Regards Dean Dean Iorfiida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) »> gianni marinelli <jmarinel©symoatico.ca> 9/8/2010 10:45 AM »> Dear Mr. Iofrida... Gianni Marinelli here. I live and work in the Niagara Region as a complementary health care practitioner ( NGH certified hypnotherapist, 5PATH practitioner, 7PATH Instructor and certified Stage Hypnotist ). Our association has a yearly international event dubbed " WORLD HYPNOTISM DAY " on January 4th. We respectfully request that His Worship and Members of His Council entertain our enclosed submission for a proclamation honoring World Hypnotism Day on this January 4, 2011. Please add us to your upcoming agenda for December 13, 2010. I have provided a template for Council's consideration.... A PROCLAMATION by virtue of the authority vested in me as Mayor of the City of Niagara Falls, Ontario, Canada, I do hereby issue this proclamation honouring: " WORLD HYPNOTISM DAY- JANUARY 4, 2011 " WHEREAS World Hypnotism Day is celebrated each and every year on January 4th throughout the Globe. Hypnotism has been thoroughly researched as a tested and valuable procedure and a form of complementary therapy. Approximately 12,000 studies and scholarly articles on hypnosis are maintained and available to the general public by the American Society of Clinical Hypnosis; and WHEREAS hypnosis is used widely by medical professionals and is emerging as a recognized distinct profession with a rigorous code of ethics under the guidance of the National Guild of Hypnotists. Hypnosis has been shown to have the 12/6/2010 Teresa Fabbro Re: Mayoral Proclamation Request From the City of Niagara Falls Page 2 capability to reduce stress, improve the quality of life and provide many other personal and social benefits; and WHEREAS by actively participating in World Hypnotism Day practitioners of hypnosis in the Niagara Region are contributing to raising public awareness of the benefits of hypnosis and its availability to the general public. NOW THEREFORE BE IT RESOLVED that I, , Mayor of the City of Niagara Falls, wish to recognize those Board Certified Hypnotists who are successful in relieving the stress, anxiety and addictions confronting their clients. I do hereby declare January 2, 2011- " WORLD HYPNOTISM DAY " here in the worlds most famous address, the City of Niagara Falls. Mayor of the City of Niagara Falls, Ontario, Canada We thank you for your assistance in this matter. I can be reached at 905 - 680 -6703 or just drop me a line if that is more convenient. Have a SPECTACULAR day ! Regards, Gianni Marinelli, MHt., CHt., D.D. Marinelli Hypnosis Center Eagle Valley Golf Course Health Pro Shop 2234 St. Paul Ave. Niagara Falls, Ontario (12/7/2010) Dean lorfida - New Years Eve Page 1 J From: Nancy Benedict <nbenedict @fxworxinc.com> To: Dean lorfida <diorfida @niagarafalls.ca> CC: Lee Carr <Icarr @skylon.com >, Mark Rice <mrice @fxworxinc.com> Date: 11/23/2010 9:32 AM Subject: New Years Eve Good Morning Dean, My time goes fast as it is once again closing in on New Years Eve. Please put forward my request to City Council on behalf of FX WORX INC. for their approval to shoot fireworks off the Skylon Tower on New Years Eve. Please contact me if you require additional information. Thank you in advance. Warm Regards, Nancy Nancy Benedict President FX WORX INC. 905 - 304 -1348 nbenedict @fxworxinc.com A. :. —4 OFFICE OF THE BISHOP OF NIAGARA 0 • ;( ANGLICAN CHURCH OF CANADA "Vr 4 ,3/ s, NO November 24, 2010 CENit i c� ,��.:5 LCTIO Mayor Ted Salci CLERK'S The City of Niagara Falls NOV Z 9 2010 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci and Council Members: The Anglican Diocese of Niagara owns a property located at 5850 Robinson Street, Niagara Falls. This property consists of the former All Saints Church and is surrounded by a cemetery. This church was disestablished in 2004, and is currently rented to a small church community. I am writing to inform you of our interest in giving over the care and maintenance of this cemetery to the City of Niagara Falls. The Care and Maintenance Capital Fund has $6,881.00 (as of October 31) on deposit with the Synod of the Diocese of Niagara. We would also be willing to entertain a conversation about the (Church) building on that site and its possible interest to the City. If you have any further questions or need to be in touch about next steps in this process, I can be contacted through my administrative assistant, Ms. Alison D'Atri and the number listed below. r Kind regards, —f 6, eZi i5-t—iri Bishop of Niagara /ad • copies to: Cynthia A. Roberts Manager of Parks and Cemetery Services The Venerable Lynne Marchant Archdeacon of Brock and Administrator of All Saints Mission The Reverend Kevin Block Rector of Christ Church, Niagara Falls and Regional Dean of Brock Ms. Joanna Beck, Treasurer and Director of Finance, Diocese of Niagara The Right Reverend Michael A. Bird Cathedral Place, 252 James St. N., Hamilton, Ontario L8R 2L3 Tel: 905 -527 -1316 • Fax: 905 -527 -1281 Email: bishop @niagara.anglican.ca Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: December 13, 2010 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Region Appointments The Regional Clerk has sent correspondences seeking appointees for three (3) Regional committees: the Transportation Strategy Steering Committee, the Inter - Municipal Specialized Transit Advisory Committee and the Culture Committee. Transportation Strategy Steering Committee Each lower -tier municipality is represented on this committee. Council's most recent appointee on this committee was Councillor Bart Mayes. Council may select a representative at this time or wait until all of the Council- related appointments are dealt with, likely in January. Inter - Municipal Specialized Transit Advisory Committee One councillor from either St. Catharines, Niagara Falls or Welland will be selected for this committee, as per the composition; therefore, there is no guarantee that a Niagara Falls Council member will necessarily be selected. If a Council member is genuinely interested and Council approves of such appointment, it will be forwarded to the Region for consideration. Culture Committee The composition of this committee includes two members who are staff or councillors of a local municipality. There is no guarantee that a Niagara Falls representative will necessarily be selected. If a Council member is genuinely interested and Council approves of such appointment, it will be forwarded to the Region for consideration. Or Council may wish that an appropriate staff person's name be put forward for consideration. RECOMMENDATION: for the Consideration of Council O Working Together to Serve Our Community (11/5/2010) Dean lorfida clerks Culture Comittee rep sdocx Page 1 �, , „ ...� t_ F.. Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 - 685 -1571 Toll-free: 1- 800 - 263 -7215 Fax: 905 - 687 -4977 www.regional.niagara.on.ca November 1, 2010 ATTENTION: MUNICIPAL CLERKS AREA MUNICIPALITIES Municipal Representation on the Culture Committee The Regional Municipality of Niagara on behalf of Culture Committee is requesting that each area Municipality appoint a representative as per the following excerpt from the Terms of Reference, which state: Maximum of 18 members, consisting of up to three members of Regional Council to act as champions on behalf of culture; one member who is a professional from each of the business, education and social sectors (three total); two members who are staff or councillors of a local municipality; three members who are identified as professional cultural workers (paid or unpaid); two members of Niagara's youth (- 17 -25) who at the time of appointment, attend a post- secondary institution in Niagara. General Public Members: up to five members of the general public interested in moving forward the cultural agenda Please arrange for your Council to consider nominating an individual whose appointment would be subject to Regional Council's consideration. Yours truly, Kevin Bain Regional Clerk /Im ac. P.Robson, Commissioner Integrated Community Planning K. Weaver, Director Community and Corporate Planning T. Donia, Project Manager Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 YEARS 2 Toll - free: 1 800 - 263 - 7215 Iwo X 2010 Fax: 905- 687 -4977 X www.regional.niagara.on.ca Niagara �, � Region ara.on.ca g s Building Community. Building Lives. CLERK'S NOV 5 2010 November 1, 2010 ATTENTION: MUNCIPAL CLERKS AREA MUNICIPALITIES Municipal Representation on the Transportation Strategy Steering Committee The Regional Municipality of Niagara on behalf of the Transportation Strategy Steering Committee is requesting that each area Municipality appoint a representative to become a member of the Transportation Strategy Steering Committee. Please include this appointment as one of your appointments to be considered by your Council. Yours truly, Kevin B. n c ~ � Regional Clerk /Im cc. K. Brothers, Commissioner Public Works J. Cousins, Director, Transportation Services Division Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 1970 YEARS Tel: 905 - 685 -1571 Toll -free: 1- 800 - 263 -7215 ,zoio Fax: 905 - 687 -4977 Niagara C f Region www.regional.niagara.on.ca Building Community. Building Lives. CLERK'S November 1, 2010 NOV 5 2010 ATTENTION: MUNICIPAL CLERKS AREA MUNICIPALITIES Municipal Representation on the Inter - Municipal Specialized Transit Advisory Committee The Regional Municipality of Niagara on behalf of the Inter- Municipal Specialized Transit Advisory Committee is requesting that each area Municipality appoint a representative as per the following excerpt from the Terms of Reference, which state: Limited to 19 members, which allows for the participation of two (2) Municipal Councillors (one Councillor from a large municipality that has an existing transit system in place and one Councillor from a small municipality that does not have an existing transit system in place), and two Regional Councillors on the Committee. Members on the Committee will be appointed by Regional Council and will be selected on the basis of how well they can represent: potential users of the inter - Municipal Transit system, other agencies that provide health and social service support services to potential users of the system, other providers of specialized transit services in Niagara, Regional Accessibility Advisory Committee, municipal Accessibility Advisory Committees and the Area Municipalities in Niagara. The selection of members of the Advisory Committee will follow standard Regional practices for appointing membership. Please include this appointment as one of your appointments to be considered by your Council. Yours truly, • 4 Kevin Ba Regional Clerk /Im cc. K. Brothers, Commissioner Public Works J. Cousins, Director, Transportation Services Division K. Koz, Manager Fleet Services Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: December 13, 2010 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: NPC Appointment The Niagara Parks Commission has indicated that the appointments for the City Council representatives ended as of November 30 As Council is undoubtedly aware, as result of various press stories, the Minister of Tourism has suggested that municipalities send a new representative to the Commission. No official correspondence to this effect has been received by the municipality as of the date of the production of the agenda package. The Niagara Parks Act states the following on composition of the NPC: Composition of Commission 1.0 The Commission shall be composed of not fewer than ten and not more than twelve members appointed by the Lieutenant Governor in Council of whom, (a) Repealed: 2009, c. 33, Sched. 24, s. 3 (1). (b) one member shall be a member of the council of The Regional Municipality of Niagara and shall be appointed annually upon the recommendation of such council; (c) one member shall be a member of the council of the Town of Fort Erie and shall be appointed annually upon the recommendation of such council; (d) one member shall be a member of the council of the City ofNiagara Falls and shall be appointed annually upon the recommendation of such council; and (e) one member shall be a member of the council of the Town of Niagara -on- the -Lake and shall be appointed annually upon the recommendation of such council. R.S.O. 1990, c. N.3, s. 3 (2); 2009, c. 33, Sched. 24, s. 3 (1). There is nothing in the legislation indicating that the municipality has to change its representative. The practice has been to appoint a Council rep at the beginning of the Council term, indicating to the NPC that the appointment will be annually for the term of the Council (4 years). As Council is aware, Councillor Vince Kerrio was the Council representative for the past term. RECOMMENDATION: For the consideration of Council OF Working Together to Serve Our Community (12/7/2010) Dean lorfida Re Appointments age { P 1' From: Dean Iorfida To: Cummings Leanne; HDowd @notl.org CC: Carolyn Kett; Jim Diodati; Ken Todd; kerrio @overlookingthefalls.com Date: 11/4/2010 11:37 AM Subject: Re: Appointments Standard practice for most municipalities is to appoint their Head of Council but the Niagara Parks Act just states a one member shall be a member of the council of the municipality and shall be appointed annually upon the recommendation of such council. My point is this didn't seem to be an issue in 2007. There was no break in municipal representation at Commission meetings. Mayor Salci served and attended NPC meetings (December and January) until his successor, Councillor Kerrio was appointed in February. I appreciate there is administrative processes and Provincial approvals to be fulfilled but it would behoove the NPC to have these processes reflect the realities of the municipal Council terms. I have discussed the matter with the CAO and Mayor elect. Councillor Kerrio will remain the Niagara Falls City Council appointee until deemed otherwise. Thanks Dean »> <HDowd@notl.orq> 11/4/2010 9:30 AM »> NOTL will be making appointments to Committees sometime in January. My notes indicate the Region appoints a Regional Councillor from NOTL to the NPCA. The Lord Mayor was appointed as our rep over the last four years. I understand NOTL does not do the appointing. Holly Dowd Town Clerk Town of Niagara -on- the -Lake (905)468 -3266 Fax 905 - 468 -2959 From: Cummings Leanne <Iummings@ niagaraparks.com> To: Dean Iorfida <diorfida@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca >, "Holly Dowd (Town Clerk)" <hdowd@notl.orq >, Carolyn Kett <CKett@town.forterie.on.ca> Date: 11/03/2010 05:39 PM Subject: Re: Appointments Dean: The Province appoints the reps from the Region, Town of Niagara -on- the -Lake, City of Niagara Falls and Town of Fort Erie based on who the Councils have chosen and the dates correspond to their effective date as an elected official - December 1st. a (12/7/2010) Dean lorfida Re Appointments m.. ... ... m Page Our Chair has been informed that Fort Erie, NOTL and the Region will be making their appointments at one of their meetings in December - I believe the Region has said Dec 9th. I was asked to contact your office to find out the date that your Council would be making their appointments. We understand it may not have been a problem for the City in 2007 when Councillor Kerrio's appointment wasn't determined until February but I recall at the time the NPC was anxious about the length of time between the end of one appointment and the beginning of the next. The NPC is hoping that the gap between the Nov 30th date and the date of the new appointment can be minimized. Please let us know when the appointments will be on Council's agenda. Thank you. Leanne Sent on the TELUS Mobility network with BlackBerry Original Message From: Dean Iorfida <diorfida@niagarafalls.ca> Date: Wed, 3 Nov 2010 16:45:29 To: Cummings Leanne <Icummings(aniagaraparks.com> Cc: Bill Matson <billmatsonOniagarafalls.ca >; Holly Dowd (Town Clerk) <hdowd@ notl.orq >; Carolyn Kett <CKett(@town.forterie.on.ca> Subject: RE: Appointments Hi Leanne: Most appointments have a clause that say something to the effect that the appointees remain in their position until their successors are appointed or they are reappointed. Although I don't see such a clause in the Niagara Parks Act, I don't remember this being an issue in 2004 or 2007. Most municipalities do their appointments after their Council is sworn in, in December or in the New Year. When Councillor Kerrio was appointed by Council on February 19, 2007, I sent a letter to John Kernahan indicating that he was the Council representative and that although the Act stipulates that the municipal representatives are appointed annually that we would trust that the NPC would do what they had to administratively to effect the appointment on an annual basis. Why would have the appointment expired in November and not in line with the original appointment? I've copied the other affected Clerks as I assume they would be in the same boat. Thanks Dean 12/7/2010) Dean lorfida Re: Appointments Page 3 Page »> Cummings Leanne <Icummings(aniagaraparks.com> 11/3/2010 3:12 PM »> The extension is a good idea but the problem is in order for Vince to continue on as a member of the Commission we need to request an Order -in- Council and that is usually a lengthy process. That is why, I believe the Chair is anxious to hear from the Councils - so that we can get the requests for the OICs in quickly and hopefully there won't be too great a lapse between November 30th (when their current OICs expire) and the date of the new OICs. Thanks for any assistance you can provide! Leanne From: Bill Matson Jmailto:billmatson@ niagarafalls.cal Sent: Wednesday, November 03, 2010 3:04 PM To: Dean Iorfida Cc: Cummings Leanne Subject: Appointments Dean, Leanne Cummings was asking me about appointments to various committee's. In particular, the NPC appointment. Vince's current appointment expires Nov. 30th. The Chair was asking Leanne. I told her that after the inauguration on Dec. 6th that Council doesn't meet until the 13th and that I would think it would be unlikely that an appointment be dealt with until the new year. What are your thoughts? If the NPC has some pressing issues and would like a Council representative to continue, perhaps this is something that could be addressed on Monday? Maybe even extend Vince's appointment until the new term of appointments have taken place? Bill Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) (12/7/2010) Dean lorfida - - .ReAppointments Page 4 named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. NOTICE: This e -mail message (including all attachments) and any printed, copied, saved or other renditions of it or of any part of its contents is confidential and is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any review, printing, dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error please 'Reply to Sender' immediately and erase and delete this entire e-mail and delete and destroy Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: December 13, 2010 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Jean Grandoni Letter This issue has been dealt with ad infinitum but just a quick recap: Ms. Grandoni appeared on June 28 at the statutory public meeting under the Planning Act and provided comments. The public meeting was closed on June 28` On July 19 when the by -law originally came forward for adoption of the policies, Ms. Grandoni was advised verbally in the Council meeting that it was not appropriate for Council to entertain her; however, her written comments were subsequently shared with Council. On November 8` Council approved the by -law. Ms. Grandoni was provided correspondence from the Clerk with comment from the City Solicitor (see attached covering memo). These comments from staff, along with Ms. Grandoni's latest correspondence, were contained in the Councillors' packages. The notice of approval of the by -law has been forwarded to the Region. Ms. Grandoni may appeal the policies through the Region. RECOMMENDATION: For the Information of Council Working Together to Serve Our Community Clerks Department Inter - Department Memorandum TO: His Worship Mayor Ted Salci DATE: November 8, 2010 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Environmental Policies Council will recall that on June 28', the public meeting on the City's proposed Environmental Policies was held. Amongst the speakers was Ms. Jean Grandoni. On July 19` when the By -law related to the policies was brought forward, Ms. Grandoni wished to speak further. She and Council was advised that it was not appropriate for her to speak again since the public meeting was concluded. Ms. Grandoni subsequently wrote a letter claiming her rights were violated. Mr. Beaman has provided a detailed response on why it is inappropriate to entertain further speakers for legal reasons and practical reasons. As he points out it is unreasonable for Council to entertain deputations from one individual until that individual is satisfied with the outcome. Having said that, it should be noted that Ms. Grandoni' s written submissions have been provided to Council, including in this attachment, for your information. A copy of Mr. Beaman's email will be given to Ms. Grandoni. p„, Working Together to Serve Our Community Jean Grandoni NIP], FALLS ; L ' 'i '10 1 [i_J ( 1 00 RR#1 Garner Rd. Please enclose in Council package for Council Niagara Falls, Ont. Meeting of Dec. 13, 2010. L2E 6S4 CLERK'S Mr. Dean Iorfida , City Clerk and Dec. 5, 2010 DEC 0 7 2010 Niagara Falls City Council 4310 Queen St. Niagara Falls, Ontario L2E 6X5 Clerk and Members of Council: Re: Notice of Objection to approval of Council Minutes of Nov.8, 2010 And Environmental Policies Amendment Nu. 96 and By -Law I request that this letter be attached to the "Approval" of the minutes of the Nov. 8 , 2010 Council Meeting( as an omission), to be approved at the next meeting of Council , Dec. 13. 2010. I am writing this Notice of Objection to approval of the subject minutes due to circumstances that resulted in a lost opportunity to speak to the Council on unresolved environmental issues. The following is a sequence of events that have led to this appeal. 1) July 12, 2010 -- submitted request to speak at July 19, 2010, Council Meeting. This was delivered by hand. 2) Prepared new typed letter of four pages which was to be given as a handout to Council on July 19 2010. 3) Attended July 19 2010 Council Meeting where Environmental Policies Amendment Nu. 96 and By- Law were deferred. One reason given for deferral was that a very large landowner of some one thousand acres was unaware of Amendment Nu. 96 and should be heard as he requested. I too am a landowner. 4) At July 19, 2010 Council Meeting, the council did not deal with my legitimate request to speak. 5) I subsequently submitted my four page typed letter of July 19, 2010 to the clerk's Department and to Planning on July 26, 2010, and advised that I wished to have it on the agenda when the Amendment and by -Law come up again. I further attached a second letter dated July 26, 2010, in which I once again requested to speak. 6)I was notified by telephone that the Environment Policies were coming to Council on Nov. 8, 2010. I telephoned the clerks department to ensure inclusion of my letter for the Nov. 8/10 Council agenda. They advised that my July 19, 2010 letter and that of July 26 would be placed in the Council package but would not be listed on the Order of Business . Were they given to the Council? Why were they not listed as correspondence on the Order of Business. ?? 7) City Solicitor advises clerk in memo dated Nov. 3, 2010 that allowing me to speak would put the Environment by -Law at risk. I find it very odd that the city solicitor would argue this. I have attended hundreds of meetings in the past forty years and people have spoken many times to resolve their disagreements. Few issues are ever resolved at the public meeting stage. Indeed the public meeting is just the beginning of the discussions, not the end as the city solicitor and city clerk imply. Indeed, developers return to Council many times to speak on their development applications . In my opinion, under the Planning Act, the reasons argued by the city solicitor and the Clerk , to deny my request to speak , would not be accepted by the OMB or the Courts. 8) Memo from Clerk to Council of July 19, 2010, advising of my request to speak and that the public meeting "has happened and been closed ". 9) Mayor Salci ignored my raised hand at the Nov. 8, 2010 Council Meeting and no Councillor responded to my written request to speak. Four thousand urban residents in the city were sent notices by mail of the proposed New Residential Intensification Policies. How many people living in the Country were notified in the same manner about the New Environmental Policies and continued changes since the original Draft Policies of Fall of 2009 , particularly on the three Northwest Watersheds where the biggest changes have been made. Such changes will make it easier for the developers to destroy the environment rather than require preservation. Indeed it is not the by -law that is at risk but our environment , our forests and streams. I am asking that the council reconsider the Environment Policies and By -Law so that possible amendments can be made. Yours truly, f ) 1 4—/- Jean Grandoni Cc. Min. of Natural Resources Dept. of Fisheries and Oceans P3 m 0 7J —I Cn CD- 2010 -12 Niagara,Falls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2010 -12 2011 Council Schedule RECOMMENDATION That Council approve the 2011 Council Schedule; and That Council determine a start time for the Council meetings. EXECUTIVE SUMMARY A proposed 2011 Council schedule is submitted for Council's consideration. The schedule is roughly bi- weekly, especially early in the calendar year when Council will be dealing with the budget. There has been some discussion about changing the day and time of the Council meetings. The consensus appears to keep the meetings on Mondays, for the time being. Council may wish to consider a 6:30 p.m. start time. BACKGROUND Rule 2 of the Standing Rules of Council (By -law 89 -155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. ANALYSIS /RATIONALE Some comments regarding the schedule: ✓ The schedule is roughly bi- weekly, especially early in the calendar year when Council will be dealing with the budget, amongst other pressing issues. ✓ A strategic planning session is proposed for January 10, 2011. ✓ As always, special meetings may be called, if warranted, or meetings could be cancelled, especially in the summer months, if there is not any pressing business at hand. ✓ At the Council orientation session, there was some discussion about the possibility of changing the meetings to Tuesdays. A subsequent questionnaire of Council members indicated that the majority wish the meetings to remain on Mondays. It is suggested for 2011 that the status quo, as far as meeting nights, continue. December 13, 2010 - 2 - CD- 2010 -12 ✓ The questionnaire of Council members did not lead to a consensus on a start time. Some Council members wanted an earlier start time, others were fine with the traditional 7:00 start time. There was a consensus to try to get up to Council in a timely manner. Council may want to consider a 6:30 p.m. start time as a compromise. (Please note, the 6:30 start time on the proposed calendar is just a suggestion). ✓ The questionnaire of Council members did not lead to a consensus on the chairing of the Committee -of- the -Whole prior to Council meetings. Some Council members want a dedicated chair, others are in favour of a rotation. It is appropriate for the Council to discuss this matter and come to a consensus. ✓ The by -law amending the Standing Rules of Council by -law is listed under the by- law section of the agenda. ✓ Members of the public should be referred to the Council section of the City's website for the up to date Council meeting schedule: http: / /www.niagarafalls.ca /city hall /council LIST OF ATTACHMENTS Proposed 2011 Council Schedule Recommended by: A"'" / 61` Dean Iorfida, C Clerk Respectfully submitted: K n Todd, Chief Administrative Officer DI 2 a N- M 0 >. o 73 0 N = CO (1) In N Oh '—' 00 - N N __) >+ 1 (Q ; L L I — - N N , CU i 1 _c f— i M 0 i r--. N I N 1 r* I r* N -p 1 C 4 Oh ! 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N a, ' Vj v, N RI CO IC Z I I . - 1 00 lin 1 — ^' N 1 . 0_ I ca c) � .p � m -p of c _ C . ° / O F.:) M Y O C C a O L N V co a .--a M e U ,--i e ,_ ,-� N e U M I C - U C 0 1 1; N CN N O M Jvi 1 a o R - o N L Z 1 N y N O Vp .--1 —, N �J >, 7 L LL I I 1--1 00 N I I I I O N I M r-+ N I H 1 CZ �, I I I N I 1 1 7 I I 1 o - N O 4 I N CT M I I 1 I I i , >1 I I m 1- I f 1 I N CT --.1 00 —+ N N I 1 _J 1 I I c 1 1 G G I d >+ o o I I I oc o°' ai c ai c �- 2 o I o i I J M U M U 1 1 r--1 0 N N Q I 1 r . c '^ U vl O U j M O N VO •--- N N 1 -c 2 I a > ° (B , c N J cn M 1 O 1 N M ca 70 . I N O 1 1 .____)' 1 1 L 7 1 1 N N 1■-I 1 1■I O >, 1 ■ CI 4 iI d ) co a) I �y N i ' N � N N l ■ ci5 1 a) N N >, g a; c 1 C 1 1 c ° ' G N Ch o o 1 CO ._.J 0 c n 1 0 (n U ,-1 N vi vi F- 2010 -63 Niagarraaalls December 13, 2010 A N104 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -63 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of October 31, 2010 were $30.3 million compared to $30.9 million in 2009. During October, tax receivables as a percentage of taxes billed have increased from 19.3% in 2009 to 19.5% in 2010 due to a larger supplemental tax billing in 2010. The City's finance staff has had continued success in resolving 88% of properties that are subject to registration for 2010. There are currently thirty -eight properties scheduled for tax sale in the next two years. On November 3, 2010, the City conducted a tax sale and the property was sold. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2010 improved during the month of October. Table 1 shows that taxes outstanding at October 31, 2010 are $30.3 million. This represents a slight decrease from $30.7 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 increased slightly from a year ago. 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 ten months of activity. This table shows 88.4% of the tax accounts or 358 properties have been paid in full or the owners have made suitable payment arrangements. During October, four accounts were paid in full. In addition, the number of accounts with suitable arrangements including full payments increased from 86.6% (September) to 88.4% (October). December 13, 2010 - 2 - F- 2010 -63 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 October, two registered properties were redeemed and fourteen properties were registered. The outstanding taxes for registered properties represent 7.1% of the total outstanding taxes at month end. On November 3, 2010 the City had 1 registered property listed for tax sale. This property sold successfully. 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 October 31, 2010 is 19.5% which is a slight increase from 2009's value of 19.3 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at October 31, 2010 Table 2 Taxes Receivable by Property Class at October 31, 2010 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended b : eco y Todd Ha son, Dire or of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti F- 2010 -63 TABLE 1 Total ales a iv e N ' A � ing OCto. r 31,2 Q s2 , 4 1 Q Outstanding Taxes @ September 30, 2010 $ 26,538,692 $ 26,164,652 Taxes Billed and Due October 29, 2010 $ 21,713,057 $ 21,777,234 Supplemental Due October 15, 2010 $ 2,030,314 $ 334,478 Penalty charged in October $ 276,760 $ 268,792 Taxes Collected during October $ 20,296,085 $ 17,873,991 Outstanding Taxes @ October 31, 2010 $ 30,262,738 $ 30,671,165 Supplemental Due November 26, 2010 $ 2,030,313 334,478 Total Taxes to be Collected $ 32,293,051 $ 31,005,643 TABLE 2 �� t xe ec • e b v . , e , -° p, ''4'/ o � �a ,, 2010 % of Class 2009 % of Class Taxes Owing Taxes Owing Residential $ 13,907,562 43.07% $ 16,191,364 52.22% Multi- Residential $ 877,144 2.72% $ 407,869 1.32% Commercial $ 16,231,695 50.26% $ 13,397, 43.21% Industrial $ 1,257,738 3.89% $ 988,420 613 3.19% Farmlands $ 18,912 0.06% $ 20,378 0.07% Total Receivables $ 32,293,051 100.00% $ 31,005,644 100.00% TABLE 3 � ` M k t , s r Y `` - � A er7 s� - Lv -- F ,7 ' �� pro e . Prop `�` a" n 4 'v� `day' l,. t�„�y.. Y c.. z z \ 3 x, 2 �e t s t i v 3,U, ,`ov tk -eit v v ..S ject t0 1 ' a - Sub ect t o v.€ v .� L, F' �" s� t s @ i ce `. R r ..a� fr �E V33,34:044.* � x t '��y S � �fi F �'^�"'' l � �. �� i�-s. 4 '' � � a� !� � � �� a a « 3 1 : Wlel �� egi f iort ` t t r� il ' , 34 i h d satSep?a b e r 3; i1 at Oct «'r 1 a. ? 4 4ri� , - .; , n, 484,4,:?„,,,,,, , ,w ; . _ _ _.; �, h s & * ,m : A Initial Amount 99 103 405 405 Paid in Full 252 255 25.4% Payment Arrangements 63.0% Ongoing Collection 42 22 5.4% Action Registered 12 25 6.2% 405 405 100.0% TABLE 4 e« )l ` N «ear A ' eEs Ta r Ta". a � � ' *x' o ® . .hF F �,` � :usta • in -, ," ' 3Oa e Pro • . s k 7t . 111,11 taantaikg ) .11 3 PAaaa 3 , r -., tea* ,,, „ . ma „„, „,,a,.._ ,. 's, ' .�.x r. .. ; ..;,, �; .. .. ,'�.a. ,.fir., May 2011 11 $ 431,828 November 2011 13 $ 1,303,245 May 2012 14 $ 561,107 Totals 38 $ 2,296,181 F- 2010 -64 Niagaraaalls December 13, 2010 A N.4 D.; REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -64 Approval of Interim 2011 Spending Limits RECOMMENDATION That, in the absence of an adopted 2011 General Purposes Budget, City Council approves the following: 1. City divisions be allowed to incur costs to a level of 50% of the divisions' expenditure budget of the prior year. 2. New capital expenditures which are deemed essential by a division be approved by City Council prior to purchase. 3. That this policy be communicated to all Commissions, Boards and Agencies, and that the City's contributions, to each stakeholder group be in accordance with the attached schedule. EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budgets. BACKGROUND Staff's authority to remit payments is derived from an approved Annual Operations budget. As Council is aware budget deliberations for the 2011 General Purposes Budget are underway. As a result, staff requests that Council approve interim spending limits for 2011 until the 2011 General Purposes Budget is approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to remit payments for expenditures incurred. Since the consideration of the 2011 budget will start early in the new year, most divisions, boards and agencies should be able to operate with an interim spending approval of approximately 50% of the 2010 budget. If Council approval of the budget is not achieved by the end of May, 2011, a further report with an amended interim spending authority will be submitted. December 13, 2010 - 2 - F- 2010 -64 The purchase of items designated as new capital is to be excluded from the above proposal in as much as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. FINANCIAL IMPLICATIONS The City funds many stakeholders with its annual budget. These Commissions, Boards and Agencies provide a variety of services for the residents of the City. There are a variety of payment schedules made to the stakeholders. Some groups require monthly advances to operate, while others receive their payments once the budget is passed. Since the 2011 General Purposes Budget is not approved, staff suggest that payments to all monthly groups begin in 2011 according to the attached schedule. LIST OF ATTACHMENTS Stakeholder Payment Schedule Recommended by: Todd Harris n, Directo of Finance Respectfully submitted: Ken T dd, Chief Administrative Officer TH /Iw December 13, 2010 - 3 - F- 2010 -64 Stakeholder Payment Schedule Name of Stakeholder Subsidy /Fee for Annual Recommended Service /Grant Amount Payment Method Niagara Falls Library Board Subsidy $3,631,306 Monthly Niagara Falls Board of Museums Subsidy 450,480 Monthly Project SHARE Grant 298,400 Monthly Winter Festival of Lights Grant 342,000 Monthly Niagara Falls Tourism Fee for Service 360,000 Monthly Boys and Girls Club Fee for Service 192,800 Monthly Women's Place of South Niagara Grant 19,350 Monthly YWCA Niagara Region Grant 51,333 Monthly St. John's Ambulance Fees for Service 32,900 Monthly Niagara Falls Art Gallery Grant 27,000 Monthly Greater Niagara General Hospital Grant 50,000 Annually Foundation Niagara Falls Concert Band Grant 3,600 Annually Stamford Centre Volunteer Firemen's Fee for Service 14,440 Association Annually Niagara Falls Badminton Club Fee for Service 4,000 Annually Niagara Falls Horticultural Society Grant 648 Annually Niagara Falls Lawn Bowling Fee for Service 3,420 Annually F- 2010 -65 Niagaraaalls December 13, 2010 CANADA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -65 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $17,017,073.59 for the period October 21, 2010 to November 24, 2010. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: ! • Todd Harrison, Di ector of Finance Respectfully submitted: Ken To d, Chief Administrative Officer Page 1 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 138342 CANADA INC IN TRUST 342002 24- Nov -2010 REFUND 592.70 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 340961 27- Oct -2010 CONTRACT SERVICES 456.06 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 341690 10- Nov -2010 MAINTENANCE/REPAIRS 280.52 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 341846 17- Nov -2010 MAINTENANCE/REPAIRS 2,600.45 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 342003 24- Nov -2010 MAINTENANCE/REPAIRS 1,840.63 1668823 ONTARIO LTD 342004 24- Nov -2010 REFUND 2,412.89 1707021 ONTARIO LIMITED C/O THE THORNTON GROUP OF COM 341691 10- Nov -2010 CONSULTING SERVICES 847.50 1712092 ONTARIO INC 341692 10- Nov -2010 REFUND DAMAGE DEPOSIT BARRE 750.00 1760073 ONTARIO INC 341165 03- Nov -2010 REFUND 23,868.58 180 MARKETING 340962 27- Oct -2010 ADVERTISING 56.50 180 MARKETING 341693 10- Nov -2010 ADVERTISING 67.80 1814194 ONTARIO LIMITED 342005 24- Nov -2010 REFUND 717.49 2058299 ONTARIO LTD 342006 24- Nov -2010 REFUND 966.34 2095527 ONTARIO LTD 340963 27- Oct -2010 CONTRACT SERVICES 1,130.00 2095527 ONTARIO LTD 342007 24- Nov -2010 SUBSCRIPTION 1,130.00 5 -0 TAXI CO INC 341166 03- Nov -2010 CONTRACT SERVICES 2,657.76 5 -0 TAXI CO INC 342008 24- Nov -2010 CONTRACT SERVICES 2,630.64 5175 VICTORIA HOLDINGS INC 342009 24- Nov -2010 REFUND 33,810.42 639468 ONTARIO LTD (O /A BALLOONIVERSE) 340964 27- Oct -2010 MATERIALS 113.00 727604 ONTARIO LTD 342010 24- Nov -2010 REFUND 426.51 826 GRYPHON ROYAL CANADIAN AIR CADET SQUADRON 341167 03- Nov -2010 REMITTANCE 750.00 984265 ONTARIO LTD aka CIRCLE P PAVING 341847 17- Nov -2010 CONTRACT SERVICES 62,485.13 A B C RECREATION LTD 340965 27- Oct -2010 CONTRACT SERVICES 2,329.20 A COUPLE OF CHICKS MARKETING LTD 340967 27- Oct -2010 CONTRACT SERVICES 4,520.00 A COUPLE OF CHICKS MARKETING LTD 342013 24- Nov -2010 CONTRACT SERVICES 4,520.00 AATEL COMMUNICATIONS INC 342011 24- Nov -2010 SERVICES 251.99 ABSOLUTE COMMUNICATION & DESIGN 341694 10- Nov -2010 SERVICES 5,847.75 ACASTER,CARRIE 341169 03- Nov -2010 ADMINISTRATIVE 200.00 ACASTER,JANICE 341168 03- Nov -2010 ADMINISTRATIVE 200.00 ACCU LOCK AND SECURITY 341170 03- Nov -2010 MATERIALS 247.41 ACCU LOCK AND SECURITY 341695 10- Nov -2010 SERVICES 228.83 ACCU LOCK AND SECURITY 341848 17- Nov -2010 SERVICES 209.05 ACCU LOCK AND SECURITY 342012 24- Nov -2010 SERVICES 73.45 ACKLANDS GRAINGER INC 340966 27- Oct -2010 MATERIALS 170.05 ACKLANDS GRAINGER INC 341171 03- Nov -2010 MATERIALS 2,775.28 ACTIVE NETWORK LTD 340968 27- Oct -2010 MATERIALS 1,523.24 ADAM,GALE 341172 03- Nov -2010 ADMINISTRATIVE 175.00 ADVANCE TOWING 340969 27- Oct -2010 SERVICES 67.80 ADVANCE TOWING 341696 10- Nov -2010 SERVICES 152.53 ADVANCE TOWING 342014 24- Nov -2010 SERVICES 50.85 ADVANTAGE 340970 27- Oct -2010 MATERIALS 1,554.97 AFFILIATED CUSTOMS BROKERS LTD 340971 27- Oct -2010 SERVICES 60.71 AFFILIATED CUSTOMS BROKERS LTD 341173 03- Nov -2010 SERVICES 39.29 AIR CARE SERVICES 340972 27- Oct -2010 SERVICES 1,260.96 AIR CARE SERVICES 341849 17- Nov -2010 SERVICES 7,068.13 AIR CARE SERVICES 342015 24- Nov -2010 MATERIALS 1,534.09 ALAIMO,KAREN 341174 03- Nov -2010 ADMINISTRATIVE 200.00 ALBANESE,LORI 341850 17- Nov -2010 MATERIALS -2010 SANTA CLAUS PAI 151.42 ALFIDOME CONSTRUCTION 340973 27- Oct -2010 CONTRACT SERVICES 3,402.76 ALFIDOME CONSTRUCTION 341851 17- Nov -2010 CONTRACT SERVICES 444,667.19 ALISON'S SPORTS & AWARDS 341697 10- Nov -2010 MATERIALS 367.25 ALISON'S SPORTS & AWARDS 341852 17- Nov -2010 MATERIALS 326.29 ALISON'S SPORTS & AWARDS 342016 24- Nov -2010 MATERIALS 10.74 ALLIED MEDICAL INSTRUMENTS INC 340974 27- Oct -2010 MATERIALS 360.53 ALLIED MEDICAL INSTRUMENTS INC 341175 03- Nov -2010 MATERIALS 138.30 ALLIED MEDICAL INSTRUMENTS INC 342017 24- Nov -2010 MATERIALS 666.04 ALRIDGE,ELAINE 341176 03- Nov -2010 ADMINISTRATIVE 200.00 ALSOP,TINA 341177 03- Nov -2010 REMITTANCE 100.00 ALT,LORI 341178 03- Nov -2010 ADMINISTRATIVE 75.00 ALTEC INDUSTRIES LTD 342018 24- Nov -2010 SERVICES 1,566.75 ALTIERI BUILDING SUPPLIES LTD 341698 10- Nov -2010 MATERIALS 76.84 AMALGAMATED TRANSIT UNION #1582 340975 27- Oct -2010 PAYROLL REMITTANCE 1,775.50 AMALGAMATED TRANSIT UNION #1582 341699 10- Nov -2010 PAYROLL REMITTANCE 1,675.00 AMALGAMATED TRANSIT UNION #1582 342019 24- Nov -2010 PAYROLL REMITTANCE 1,758.75 AMERICANA CONFERENCE RESORT & SPA 341853 17- Nov -2010 MATERIALS 1,000.00 ANDERS,CHRIS 341700 10- Nov -2010 TRAVEUMILEAGE 234.00 ANELLO,TOMMY 341179 03- Nov -2010 ADMINISTRATIVE 175.00 ANGLE,DIANE 341180 03- Nov -2010 ADMINISTRATIVE 200.00 ANTONIO,ARVILLA 341181 03- Nov -2010 ADMINISTRATIVE 175.00 ANTONIO,BREANNA 341183 03- Nov -2010 ADMINISTRATIVE 325.00 ANTONIO,LISA 341182 03- Nov -2010 ADMINISTRATIVE 325.00 ANTONIO,SUSANNE 341184 03- Nov -2010 ADMINISTRATIVE 175.00 ANTONSEN,DAVID 341185 03- Nov -2010 TRAVEUMILEAGE 251.00 Page 2 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ANTONSEN,DAVID 341854 17- Nov -2010 TRAVEUMILEAGE 263.00 APPLIED GEOLOGICS INC 340976 27- Oct -2010 CONSULTING SERVICES 10,263.04 APPLIED GEOLOGICS INC 341701 10- Nov -2010 CONSULTING SERVICES 9,380.13 APPLIED GEOLOGICS INC 342020 24- Nov -2010 CONTRACT SERVICES 67,099.16 ARC FORCE ENTERPRISES 341855 17- Nov -2010 SERVICES 384.20 ARCHER TRUCK CENTRE WELLAND LTD 341856 17- Nov -2010 MATERIALS 1,969.12 ARMSTRONG,SHERRY 341186 03- Nov -2010 ADMINISTRATIVE 75.00 ARSENAULT,MYRTLE 341187 03- Nov -2010 ADMINISTRATIVE 450.00 ARTISTA DESIGN & PRINT INC 341188 03- Nov -2010 MATERIALS 101.70 ARTISTA DESIGN & PRINT INC 342021 24- Nov -2010 MATERIALS 67.80 ASSOCIATED ENGINEERING (ONT) LTD 341857 17- Nov -2010 CONSULTING SERVICES 743.54 B & B LIFT TRUCK SERVICE 340978 27- Oct -2010 SERVICES 146.90 B & C TRUCK CENTRE 341194 03- Nov -2010 MATERIALS 256.96 B & C TRUCK CENTRE 342024 24- Nov -2010 MATERIALS 388.23 BABEL,PAULA 341189 03- Nov -2010 ADMINISTRATIVE 225.00 BAILEY,ERIC 341703 10- Nov -2010 TRAVEUMILEAGE 918.50 BAILLIE,ANDREW 341190 03- Nov -2010 ADMINISTRATIVE 200.00 BAIN PRINTING LIMITED 341858 17- Nov -2010 MATERIALS 248.60 BAIOCCO CONSTRUCTION CORPORATION 341859 17- Nov -2010 CONTRACT SERVICES 165,183.66 BANK OF MONTREAL 341860 17- Nov -2010 REFUND 142.73 BANKS,LYNN 341191 03- Nov -2010 ADMINISTRATIVE 75.00 BARBACKI,SHARON 341192 03- Nov -2010 ADMINISTRATIVE 175.00 BARBISAN MARY JOSEPHINE 340977 27- Oct -2010 MATERIALS 1,525.50 BARBISAN MARY JOSEPHINE 342023 24- Nov -2010 REFUND 3,288.88 BARCLEY,MICHAEL 341704 10- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 BARTY,ROB 341193 03- Nov -2010 REFUND SAFETY BOOT OCT10 150.00 BECK,GARY 341195 03- Nov -2010 REFUND 100.00 BEEK,TIMOTHY & GULIEMINA 342026 24- Nov -2010 REFUND 307.05 BELL,CHRISTIAN 341196 03- Nov -2010 REFUND 100.00 BELL,DOLORES 341201 03- Nov -2010 ADMINISTRATIVE 200.00 BELL CANADA 340980 27- Oct -2010 SERVICES 128.92 BELL CANADA 341199 03- Nov -2010 SERVICES 8,895.82 BELL CANADA 341200 03- Nov -2010 SERVICES 64.23 BELL CANADA 341706 10- Nov -2010 SERVICES 56.50 BELL CANADA 341707 10- Nov -2010 SERVICES 23.27 BELL CANADA 341862 17- Nov -2010 SERVICES 56.50 BELL CANADA 342027 24- Nov -2010 SERVICES 128.92 BELL CANADA 342029 24- Nov -2010 MATERIALS 1,010.28 BELLEFLEUR,JOYCE EVELYN 341202 03- Nov -2010 ADMINISTRATIVE 175.00 BELLEHUMEUR,FRED 341863 17- Nov -2010 REFUND 150.00 BENSON TIRE 341864 17- Nov -2010 MATERIALS 5,250.55 BERARDI,FRANCESCA 341203 03- Nov -2010 ADMINISTRATIVE 75.00 BERRY,JACQUELINE 341204 03- Nov -2010 ADMINISTRATIVE 200.00 BIANCO,DOMENIC 342030 24- Nov -2010 REFUND 150.00 BIANCO,TONY 341206 03- Nov -2010 REFUND 100.00 BIASUCCI,CHRIS 341205 03- Nov -2010 REFUND 100.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 340982 27- Oct -2010 MATERIALS 1,155.99 BICKLE MAIN INDUSTRIAL SUPPLY INC 341708 10- Nov -2010 MATERIALS 328.32 BICKLE MAIN INDUSTRIAL SUPPLY INC 342031 24- Nov -2010 MATERIALS 237.30 BIGGARS KEY SHOP 340983 27- Oct -2010 MATERIALS 5.00 BIJELIC,ZLATA 342032 24- Nov -2010 REFUND 118.07 BIRD,DANIELLE 341207 03- Nov -2010 ADMINISTRATIVE 175.00 BIRD,LINDA 341208 03- Nov -2010 ADMINISTRATIVE 175.00 BIRD,SANDY 341209 03- Nov -2010 REFUND 100.00 BITNER,LAURIE 341210 03- Nov -2010 ADMINISTRATIVE 75.00 BITTER,CLARKE 341211 03- Nov -2010 REFUND 100.00 BLACK DIAMOND LP 340984 27- Oct -2010 LEASES AND RENTS 220.35 BLAIS,PAUL 342033 24- Nov -2010 REFUND - SAFETY BOOTS 150.00 BOB ROBINSON & SON CONSTRUCTION 340985 27- Oct -2010 SERVICES 2,428.72 BOB ROBINSON & SON CONSTRUCTION 341212 03- Nov -2010 CONTRACT SERVICES 3,229.33 BOLAND,BRIAN 341710 10- Nov -2010 REFUND - DAMAGE REFUND 750.00 BOLDT POOLS LTD 341711 10- Nov -2010 REFUND 750.00 BOLIBRUK,ROBERT 342034 24- Nov -2010 TUITION REIMBURSEMENT 322.50 BONDFIELD CONSTRUCTION COMPANY LIMITED 341712 10- Nov -2010 CONTRACT SERVICES 2,665,940.24 BONDFIELD CONSTRUCTION COMPANY LIMITED 341865 17- Nov -2010 CONTRACT SERVICES 1,156,694.94 BORDEN LADNER GERVAIS 340986 27- Oct -2010 SERVICES 3,281.52 BORDEN LADNER GERVAIS 342035 24- Nov -2010 SERVICES 9,760.35 BOTBYL,BERYL 341213 03- Nov -2010 ADMINISTRATIVE 175.00 BOUCHER,CHANTAL 341214 03- Nov -2010 ADMINISTRATIVE 175.00 BOWERS,DENNIS 341215 03- Nov -2010 REFUND 100.00 BRETHREN IN CHRIST CHURCH CIO FALLSVIEW CHURCH 342036 24- Nov -2010 REFUND 658.58 BRINKS CANADA LTD 341216 03- Nov -2010 SERVICES 1,970.14 BROCK,NANCY 341217 03- Nov -2010 ADMINISTRATIVE 625.00 BROCK AUTOMOTIVE 342037 24- Nov -2010 MATERIALS 317.94 Page 3 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BRODERICK,ANDY 340987 27- Oct -2010 TRAVEUMILEAGE 87.00 BRODERICK & PARTNERS 340989 27- Oct -2010 CONTRACT SERVICES - PEOPLE MOP 10,084.97 BRODERICK & PARTNERS IN TRUST 341526 05- Nov -2010 CONTRACT SERVICES 2,007.07 BRODERICK & PARTNERS IN TRUST 342039 24- Nov -2010 SERVICES - PEOPLE MOVER 2,233.45 BROWN,BOBI 341218 03- Nov -2010 ADMINISTRATIVE 175.00 BROWN,MEL 341219 03- Nov -2010 ADMINISTRATIVE 200.00 BRYCE,ANDREW 341220 03- Nov -2010 ADMINISTRATIVE 75.00 BUNTIN REID 340990 27- Oct -2010 MATERIALS 730.81 BUNTIN REID 341221 03- Nov -2010 MATERIALS 586.14 BUNTIN REID 341713 10- Nov -2010 MATERIALS 586.77 BUNTIN REID 341866 17- Nov -2010 MATERIALS 761.70 BUNTIN REID 342040 24- Nov -2010 MATERIALS 937.27 BURAL,MELENIE 341222 03- Nov -2010 ADMINISTRATIVE 200.00 BURDETT,JOEDY 340991 27- Oct -2010 REFUND- SMARTGROWTH EXEMPTI' 2,300.00 BURKE GROUP - THE 341867 17- Nov -2010 SERVICES 1,096.10 BURLINGTON TEEN TOUR BAND 341224 03- Nov -2010 ADMINISTRATIVE 2,889.50 BURLINGTON TOP HAT MARCHING ORCHESTRA 341223 03- Nov -2010 ADMINISTRATIVE 2,500.00 BURROWS,BARBARA 341225 03- Nov -2010 ADMINISTRATIVE 200.00 BUSINESS LINK NIAGARA LTD THE 340992 27- Oct -2010 ADVERTISING 536.75 BUTLER,ROBERT R 342041 24- Nov -2010 REFUND 132.95 BUTTERY THE 340993 27- Oct -2010 SERVICES 326.57 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 341014 27- Oct -2010 CONTRACT SERVICES 12,745.00 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 341263 03- Nov -2010 CONTRACT SERVICES 73,269.67 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 341885 17- Nov -2010 LEASES AND RENTS 4,972.00 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 341886 17- Nov -2010 CONTRACT SERVICES 153,346.42 CAD MICROSOLUTIONS INC 340994 27- Oct -2010 SERVICES 14,119.35 CAHILL,MARK 341226 03- Nov -2010 REFUND 100.00 CAISSE POPULAIRE WELLAND LIMITED 340995 27- Oct -2010 REFUND -TAX REFUND 692.00 CAJUCOM,FELICIDAD 341227 03- Nov -2010 ADMINISTRATIVE 200.00 CAJUCOM,ROMEO 341228 03- Nov -2010 ADMINISTRATIVE 200.00 CALDWELL,DANIEL 341230 03- Nov -2010 ADMINISTRATIVE 200.00 CALDWELL,DONNA 341229 03- Nov -2010 ADMINISTRATIVE 200.00 CALE SYSTEMS INC 340996 27- Oct -2010 CONTRACT SERVICES 2,584.88 CALE SYSTEMS INC 342042 24- Nov -2010 CONTRACT SERVICES 915.30 CALVERT,JOHN 341231 03- Nov -2010 ADMINISTRATIVE 50.00 CAMPBELL,CAREY 341232 03- Nov -2010 ADMINISTRATIVE 172.50 CAMPBELL,HELGA 341233 03- Nov -2010 REFUND 100.00 CANADA LAW BOOK 341869 17- Nov -2010 SUBSCRIPTION 691.99 CANADA POST CORPORATION 341001 27- Oct -2010 ADMINISTRATIVE 42,398.28 CANADIAN DOOR DOCTOR 341235 03- Nov -2010 SERVICES 183.63 CANADIAN DOOR DOCTOR 341868 17- Nov -2010 SERVICES 2,024.40 CANADIAN DOOR DOCTOR 342043 24- Nov -2010 MATERIALS 1,385.95 CANADIAN NATIONAL 340998 27- Oct -2010 CONTRACT SERVICES 325.65 CANADIAN NATIONAL 341236 03- Nov -2010 CONTRACT SERVICES 3,284.75 CANADIAN NATIONAL 342044 24- Nov -2010 CONTRACT SERVICES 3,610.40 CANADIAN PACIFIC RAILWAY CO 341870 17- Nov -2010 CONTRACT SERVICES 1,079.55 CANADIAN SAFETY EQUIPMENT INC 341003 27 -Oct -2010 MATERIALS 1,810.43 CANADIAN SAFETY EQUIPMENT INC 341237 03- Nov -2010 MATERIALS 179.11 CANADIAN SAFETY EQUIPMENT INC 341871 17- Nov -2010 MATERIALS 646.42 CANADIAN SAFETY EQUIPMENT INC 342049 24- Nov -2010 MATERIALS 11,424.53 CANADIAN SPECIALTY CASTING INC 342050 24- Nov -2010 REFUND 1,198.73 CANALI,KAREN 341234 03- Nov -2010 ADMINISTRATIVE 75.00 CANNON HYGIENE CANADA LTD 340999 27- Oct -2010 CONTRACT SERVICES 284.76 CANNON HYGIENE CANADA LTD 342045 24- Nov -2010 SERVICES 284.76 CANPAR TRANSPORT L.P. 341000 27- Oct -2010 SERVICES 32 CANPAR TRANSPORT L.P. 341714 10- Nov -2010 SERVICES 25.58 CANPAR TRANSPORT L.P. 342047 24- Nov -2010 SERVICES -FIRE 73.00 CANQUEST COMMUNICATIONS (WIRELESS) INC. 341002 27- Oct -2010 SERVICES 6,311.05 CANQUEST COMMUNICATIONS (WIRELESS) INC. 342048 24- Nov -2010 SERVICES 152.55 CANTEC SECURITY SERVICES INC 341004 27- Oct -2010 CONTRACT SERVICES 3,435.20 CANTEC SECURITY SERVICES INC 341715 10- Nov -2010 SERVICES 3,140.13 CANTEC SECURITY SERVICES INC 342051 24- Nov -2010 SERVICES 3,661.20 CARLETON UNIFORMS INC 341716 10- Nov -2010 MATERIALS 921.80 CARLETON UNIFORMS INC 342052 24- Nov -2010 MATERIALS 9,865.12 CARRERA,DOMENIC 341717 10- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 CARRICK,MARZENNA 341718 10- Nov -2010 TRAVEUMILEAGE 58.50 CARTEL COMMUNICATION SYSTEMS INC 341005 27- Oct -2010 SERVICES 1,419.28 CARUSO,TONY 341238 03- Nov -2010 REFUND 100.00 CECCATO,FRED 341239 03- Nov -2010 ADMINISTRATIVE 175.00 CENTENNIAL CONCRETE (NIAGARA) INC 341006 27- Oct -2010 MATERIALS 1,030.56 CENTENNIAL CONCRETE (NIAGARA) INC 341240 03- Nov -2010 MATERIALS 902.31 CENTENNIAL CONCRETE (NIAGARA) INC 341720 10- Nov -2010 MATERIALS 3,343.11 CENTENNIAL INFRASTRUCTURE NIAGARA INC 341241 03- Nov -2010 CONTRACT SERVICES 82,038.00 CENTRAL COMMUNICATIONS 341721 10- Nov -2010 SERVICES 395.50 Page 4 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CENTRE COURT CAFE 341722 10- Nov -2010 MATERIALS 392.23 CENTRE COURT CAFE 341873 17- Nov -2010 MATERIALS 47.46 CENTRE COURT CAFE 342053 24- Nov -2010 MATERIALS 122.04 CENTURY VALLEN 341874 17- Nov -2010 MATERIALS 2,554.50 CENTURY VALLEN 342054 24- Nov -2010 MATERIALS 412.86 CERIDIAN CANADA LTD 341243 03- Nov -2010 CONTRACT SERVICES 1,769.58 CERMINARA,JACK& CERMINARA, DELIA 341723 10- Nov -2010 REFUND -OVER PAYMENT 1,464.00 CERMINARA,JAMES 341007 27- Oct -2010 MATERIALS - SAFETY BOOTS 150.00 CH2M HILL CANADA LTD 341244 03- Nov -2010 SERVICES - CHIPPAWA BASEMENT F 4,722.32 CHAMBER OF COMMERCE NIAGARA FALLS 341245 03- Nov -2010 MATERIALS -GALA TICKETS 339.00 CHANDLER,DARLENE 341246 03- Nov -2010 ADMINISTRATIVE 175.00 CHARLES JONES INDUSTRIAL LTD 341008 27- Oct -2010 MATERIALS 367.82 CHARLES JONES INDUSTRIAL LTD 341724 10- Nov -2010 MATERIALS 1,484.60 CHARLES JONES INDUSTRIAL LTD 341875 17- Nov -2010 MATERIALS 301.08 CHARLES JONES INDUSTRIAL LTD 342055 24- Nov -2010 MATERIALS 389.55 CHARTERHOUSE PROJECTS INC 341247 03- Nov -2010 CONTRACT SERVICES 22,719.78 CHARTERHOUSE PROJECTS INC 341876 17- Nov -2010 CONTRACT SERVICES 54,763.87 CHEVY LANE FABRICATIONS 341248 03- Nov -2010 MATERIALS 5,955.10 CHIPPAWA LIONS CLUB 341527 05- Nov -2010 ADMINISTRATIVE 120.00 CHRIS CRISTELLI & ASSOCIATES INC 341877 17- Nov -2010 CONSULTING SERVICES 2,440.00 CHRIST CHURCH 341528 05- Nov -2010 ADMINISTRATIVE -POLL # 4 120.00 CIMCO REFRIGERATION 341009 27- Oct -2010 SERVICES 15,808.70 CIMCO REFRIGERATION 341725 10- Nov -2010 SERVICES 197.22 CIT FINANCIAL LTD 341249 03- Nov -2010 LEASES AND RENTS 1,796.70 CIT FINANCIAL LTD 342056 24- Nov -2010 LEASES AND RENTS 9,946.40 CITY OF MISSISSAUGA 341250 03- Nov -2010 ADMINISTRATIVE 226.00 CLARK,JAMES 341252 03- Nov -2010 ADMINISTRATIVE 450.00 CLARK,WILLIAM 341879 17- Nov -2010 CONSULTING SERVICES 1,045.00 CLARKE,MAUREEN 341251 03- Nov -2010 ADMINISTRATIVE 175.00 CLAYDON,JEFF 341253 03- Nov -2010 TRAVEUMILEAGE 288.50 CLAYTON,NANCY 341254 03- Nov -2010 ADMINISTRATIVE 175.00 CLUB ITALIA ORDER OF SONS OF ITALY 341529 05- Nov -2010 ADMINISTRATIVE POLL #38 120.00 COCOA BEAN SHOPPE 341146 27- Oct -2010 MATERIALS 84.75 COGECO CABLE CANADA LP 341255 03- Nov -2010 SERVICES 684.53 COGECO CABLE CANADA LP 341726 10- Nov -2010 SERVICES 333.03 COGECO CABLE CANADA LP 341880 17- Nov -2010 SERVICES 432.77 COGECO CABLE CANADA LP 342057 24- Nov -2010 SERVICES 561.95 COHEN,NANCY 341256 03- Nov -2010 ADMINISTRATIVE 200.00 COINAMATIC COMMERCIAL LAUNDRY INC 342058 24- Nov -2010 SERVICES 115.46 COLLABORATIVE STRUCTURES LIMITED 341881 17- Nov -2010 CONTRACT SERVICES 479,749.41 COLLIER,PATRICIA 341258 03- Nov -2010 ADMINISTRATIVE 200.00 COMMERCIAL DIGITAL PRINT INC 341011 27- Oct -2010 MATERIALS 205.10 COMMERCIAL SOLUTIONS INC 341259 03- Nov -2010 MATERIALS 1,661.87 COMMISSIONAIRES 341260 03- Nov -2010 CONTRACT SERVICES 22,655.71 COMMISSIONAIRES 341882 17- Nov -2010 CONTRACT SERVICES 23,295.16 COMPRESSOR SYSTEMS INTERNATIONAL INC 341883 17- Nov -2010 SERVICES 242.95 COSTELLO,JENNIFER 341261 03- Nov -2010 ADMINISTRATIVE 175.00 COTTON INC 341727 10- Nov -2010 CONTRACT SERVICES 7,040.25 CRABBE,CATHY 341262 03- Nov -2010 ADMINISTRATIVE 75.00 CRABBE,CATHY 341728 10- Nov -2010 SUPPLIES 187.18 CRAWFORD & COMPANY (CANADA) INC 341013 27- Oct -2010 SERVICES 460.10 CRAWFORD & COMPANY (CANADA) INC 341729 10- Nov -2010 TRUST ACCT REPLENISH 14,698.10 CRAWFORD & COMPANY (CANADA) INC 342059 24- Nov -2010 CONSULTING SERVICES 4,378.00 CREDIT BUREAU SERVICES CANADA 341730 10- Nov -2010 SERVICES 113.57 CROTEAU,PAUL 341264 03- Nov -2010 ADMINISTRATIVE 200.00 CROTEAU,ROSEMARY 341265 03- Nov -2010 ADMINISTRATIVE 200.00 CRUIKSHANK,DEAN 341266 03- Nov -2010 ADMINISTRATIVE 50.00 CULLIGAN 341731 10- Nov -2010 SERVICES 256.51 CUMMINGS,DIANE 341267 03- Nov -2010 ADMINISTRATIVE 200.00 CUMMINS EASTERN CANADA LP 341015 27- Oct -2010 MATERIALS 30.78 CUMMINS EASTERN CANADA LP 341887 17- Nov -2010 MATERIALS 40.48 CUPE LOCAL 133 341016 27- Oct -2010 PAYROLL REMITTANCE 8,420.37 CUPE LOCAL 133 341732 10- Nov -2010 PAYROLL REMITTANCE 8,317.01 COPE LOCAL 133 342061 24- Nov -2010 PAYROLL REMITTANCE 7,989.44 CURTIS GAIL DEVELOPMENT CORPORATION 342062 24- Nov -2010 REFUND 45,437.79 CYRIL HARE & ASSOCIATES INC 341017 27- Oct -2010 SERVICES 565.00 CZAJKOWSKI,WIKTOR & WANDA 342063 24- Nov -2010 REFUND 770.95 DADASOVIC,BRANKO 341888 17- Nov -2010 REFUND 150.00 DALZIEL,DAVID 341269 03- Nov -2010 ADMINISTRATIVE 175.00 DALZIEL,IRIS 341268 03- Nov -2010 ADMINISTRATIVE 175.00 DAMARIO,TONY 342064 24- Nov -2010 REFUND 150.00 DANYLCHUK,JEROSLAVA 341270 03- Nov -2010 ADMINISTRATIVE 175.00 DARCH FIRE 341271 03- Nov -2010 MATERIALS 1,034.29 DATA FIX 341733 10- Nov -2010 CONTRACT SERVICES 1,186.50 Page 5 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount DAVE,MAHENDRA 341272 03- Nov -2010 ADMINISTRATIVE 175.00 DAVIDSON,ANGELA 341019 27- Oct -2010 MATERIALS 626.50 DAVIDSON,ANGELA 341273 03- Nov -2010 TRAVEUMILEAGE 285.00 DAVIDSON ENVIRONMENTAL 341018 27- Oct -2010 MATERIALS 161.59 DAVIDSON ENVIRONMENTAL 342065 24- Nov -2010 SERVICES 176.28 DAVIS,MIRANDA 341274 03- Nov -2010 ADMINISTRATIVE 175.00 DAVIS,STEPHEN 341275 03- Nov -2010 ADMINISTRATIVE 175.00 DAY,GLENDA 341889 17- Nov -2010 TRAVEUMILEAGE 465.01 DAYTON,TERESA 341276 03- Nov -2010 ADMINISTRATIVE 175.00 DEANGELIS,JACK 341277 03- Nov -2010 ADMINISTRATIVE 175.00 DEBENEDETTI,NICK 341278 03- Nov -2010 ADMINISTRATIVE 267.10 DECARIA,RON 341734 10- Nov -2010 TRAVEUMILEAGE 109.00 DECARIA,RON 342066 24- Nov -2010 MATERIALS 135.96 DEFOE,BETTY JEAN 341279 03- Nov -2010 ADMINISTRATIVE 175.00 DELL CANADA INC 341020 27- Oct -2010 MATERIALS 12,967.65 DELL CANADA INC 341735 10- Nov -2010 MATERIALS 4,576.29 DELL CANADA INC 341890 17- Nov -2010 MATERIALS 11,854.49 DELL CANADA INC 342067 24- Nov -2010 MATERIALS 2,582.33 DEMAR CONSTRUCTION 341891 17- Nov -2010 REFUND 750.00 DEMPSEY,REBECCA 341280 03- Nov -2010 ADMINISTRATIVE 175.00 DENNIS,SHARON 341281 03- Nov -2010 ADMINISTRATIVE 175.00 DEROSE BROS GENERAL CONTRACTING LIMITED 341022 27- Oct -2010 CONTRACT SERVICES 3,023.78 DEROSE BROS GENERAL CONTRACTING LIMITED 341736 10- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 DESIGN ELECTRONICS 341737 10- Nov -2010 MATERIALS 1,596.62 DESIGN ELECTRONICS 341892 17- Nov -2010 MATERIALS 2,520.43 DETENBECK,SANDRA 341282 03- Nov -2010 ADMINISTRATIVE 200.00 DETENBECK,SUSAN 341283 03- Nov -2010 ADMINISTRATIVE 200.00 DETENBECK,SYLVIE 341284 03- Nov -2010 ADMINISTRATIVE 200.00 DEVEREAUX,FRANK 341738 10- Nov -2010 REFUND SAFETY BOOTS 150.00 DEVITT,MELISSA & PAUL 341739 10- Nov -2010 REFUND - REFUND DAMAGE DEPOSI 750.00 DHAWAN,AMRIT 341285 03- Nov -2010 ADMINISTRATIVE 200.00 DICIENZO,ROSE 341286 03- Nov -2010 ADMINISTRATIVE 200.00 DICKSON,B 341893 17- Nov -2010 REFUND - SAFETY BOOTS 135.59 DIGIOACCHINO,DIANNE 341287 03- Nov -2010 ADMINISTRATIVE 200.00 DIODATI,JIM 341288 03- Nov -2010 REFUND 200.00 DIODATI,ROSEMARY 341289 03- Nov -2010 ADMINISTRATIVE 175.00 DIRISIO,JOSEPH 341740 10- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 DISTRICT SCHOOL BOARD OF NIAGARA 341023 27- Oct -2010 ADMINISTRATIVE 395.50 DOBBIN,DEBI 341290 03- Nov -2010 ADMINISTRATIVE 400.00 DOLISHNY,ALFREDA 341291 03- Nov -2010 ADMINISTRATIVE 200.00 DOMSON ENGINEERING & INSPECTION LTD 341894 17- Nov -2010 SERVICES 2,514.25 DOMSON ENGINEERING & INSPECTION LTD 342068 24- Nov -2010 SERVICES 1,412.50 DOUGLAS,VICTORIA 341292 03- Nov -2010 ADMINISTRATIVE 50.00 DOWNING,DIANE 341293 03- Nov -2010 ADMINISTRATIVE 200.00 DRAFTING CLINIC CANADA LTD 341294 03- Nov -2010 SERVICES 264.83 DREN,KARL 341295 03- Nov -2010 TRAVEUMILEAGE 121.50 DREN,LINDA 341895 17- Nov -2010 SERVICES 100.00 DRT CUSTOM HOMES & RENOVA, 341741 10- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 DUCKETT,DIANNE 341296 03- Nov -2010 ADMINISTRATIVE 175.00 DUE NORTH CONSULTING US DRAFT 23- Nov -2010 ADVERTISING 300.00 DUVAL,MICHELLE 341297 03- Nov -2010 ADMINISTRATIVE 175.00 DYCHTIAR,PETER 341298 03- Nov -2010 REFUND 100.00 DYE & DURHAM 341896 17- Nov -2010 MATERIALS 39.29 DYNACLEAN /2081655 ONTARIO LTD 341299 03- Nov -2010 SERVICES 1,056.55 DYNACLEAN /2081655 ONTARIO LTD 342069 24- Nov -2010 SERVICES 282.50 DYNAMIC DISPLAYS LTD 342070 24- Nov -2010 MATERIALS 3,051.00 DZURBAN,BARRY MICHAEL 342071 24- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 E L CROSSLEY SECONDARY SCHOOL MARCHING BAND 341301 03- Nov -2010 ADMINISTRATIVE 900.00 E -QUIP RENTALS & REPAIRS INC 341899 17- Nov -2010 LEASES AND RENTS - ELECTION 306.80 E3 LABORATORIES 341024 27- Oct -2010 SERVICES 2,824.03 E3 LABORATORIES 342072 24- Nov -2010 SERVICES 2,757.36 EASTGATE TRUCK CENTRE 341025 27- Oct -2010 MAINTENANCE/REPAIRS 311.08 EASTGATE TRUCK CENTRE 341300 03- Nov -2010 MATERIALS 132.14 ELECTRICAL SAFETY AUTHORITY - 17405 341027 27- Oct -2010 SERVICES 9,365.94 ELECTRICAL SAFETY AUTHORITY - 17405 342073 24- Nov -2010 SERVICES 240.69 ELECTROMEGA LTD 341028 27- Oct -2010 MATERIALS 1,146.78 ELECTROMEGA LTD 341743 10- Nov -2010 MATERIALS 1,582.00 ELEFANTE,ALITA 341302 03- Nov -2010 ADMINISTRATIVE 175.00 ELIA,KRISTINE 341689 08- Nov -2010 ADMINISTRATIVE 75.00 ELIA,THERESA 341304 03- Nov -2010 ADMINISTRATIVE 850.00 ELIOTT,CHERYL 341305 03- Nov -2010 ADMINISTRATIVE 175.00 ELLIOTT,DALTON 341306 03- Nov -2010 REFUND -TAX OVERPAYMENT 1,118.68 ELLIS,JULIE 341307 03- Nov -2010 ADMINISTRATIVE 75.00 ELLIS ENGINEERING INC 341897 17- Nov -2010 CONTRACT SERVICES 19,496.14 Page 6 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount EMCO CORPORATION 341744 10- Nov -2010 MATERIALS 1,959.67 EMCO CORPORATION 342074 24- Nov -2010 MATERIALS 2,875.54 EMCO LIMITED DISTRIBUTION 342075 24- Nov -2010 MATERIALS 20.34 EMPIRE LIFE INSURANCE COMPANY THE 341308 03- Nov -2010 REMITTANCE 40,291.26 EMPIRE LIFE INSURANCE COMPANY THE 342076 24- Nov -2010 REMITTANCE 38,980.08 ENBRIDGE 341029 27- Oct -2010 UTILITIES 8,486.68 ENBRIDGE 341745 10- Nov -2010 UTILITIES 962.25 ENBRIDGE 341898 17- Nov -2010 UTILITIES -PARKS & REC 458.52 ENBRIDGE 342077 24- Nov -2010 UTILITIES 686.68 ENGINEERING CONCEPTS NIAGARA 341030 27- Oct -2010 CONTRACT SERVICES 5,969.80 ENGINEERING CONCEPTS NIAGARA 342078 24- Nov -2010 CONTRACT SERVICES 2,211.98 EQUIPMENT SPECIALIST INC 341310 03- Nov -2010 MATERIALS 254.53 ERICKSON,JOHN 341311 03- Nov -2010 ADMINISTRATIVE 175.00 ETHERINGTON,DAVE 341312 03- Nov -2010 TRAVEUMILEAGE 144.00 EVANOFF,VICTOR 341746 10- Nov -2010 TRAVEUMILEAGE 90.00 EVANS UTILITY SUPPLY LTD 341313 03- Nov -2010 MATERIALS 405.67 EVANS UTILITY SUPPLY LTD 342079 24- Nov -2010 MATERIALS 7,036.63 EVERLASTING IMPRESSIONS 341747 10- Nov -2010 SERVICES 887.05 EVERLASTING IMPRESSIONS 341900 17- Nov -2010 SERVICES 113.00 EVERLASTING IMPRESSIONS 342080 24- Nov -2010 SERVICES 254.25 FABIANO,COSTANTINO 341901 17- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 FALLS AUTO BODY INC 341031 27- Oct -2010 MAINTENANCE /REPAIRS 1,875.09 FALLS CHEVROLET CADILLAC 341902 17- Nov -2010 SERVICES 53.68 FALLS ELECTRIC INC 341314 03- Nov -2010 MATERIALS 5,166.13 FALLSVIEW CASINO 341530 05- Nov -2010 ADMINISTRATIVE -POLL # 40 & 58 120.00 FANSOLATO,WAYNE 341748 10- Nov -2010 TRAVEUMILEAGE 45.00 FARRELL,JANET 341315 03- Nov -2010 ADMINISTRATIVE 175.00 FAST,SYLVIA 341317 03- Nov -2010 ADMINISTRATIVE 175.00 FASTENAL CANADA 341032 27- Oct -2010 MATERIALS 662.01 FASTENAL CANADA 341316 03- Nov -2010 MATERIALS 253.02 FASTENAL CANADA 341749 10- Nov -2010 MATERIALS 1,145.31 FAZAKAS,GERI 341318 03- Nov -2010 ADMINISTRATIVE 450.00 FEHRS TROPHY & ENGRAVING 341750 10- Nov -2010 MATERIALS - MEDALS & TROPHIES - 200.00 FEHRS TROPHY & ENGRAVING 342082 24- Nov -2010 MATERIALS 1,155.04 FERA,FRANK 341319 03- Nov -2010 REFUND 100.00 FEREN,KEN 341371 03- Nov -2010 REFUND 100.00 FEREN SIGNS & AWNINGS LTD 341033 27- Oct -2010 MATERIALS 457.65 FEREN SIGNS & AWNINGS LTD 341751 10- Nov -2010 MATERIALS 294.51 FERRO,PATRICIA 341320 03- Nov -2010 ADMINISTRATIVE 200.00 FIRE MONITORING OF CANADA INC 341034 27- Oct -2010 SERVICES 343.52 FIRE SAFETY DISTRIBUTION CENTRE 341752 10- Nov -2010 MATERIALS 3,088.26 FIRSTLINE MORTGAGES 341753 10- Nov -2010 REFUND 542.49 FISHER,SHIRLEY 341322 03- Nov -2010 REFUND 100.00 FLEMING,MARTHA 341323 03- Nov -2010 ADMINISTRATIVE 200.00 FLEMMING,PENNY 341324 03- Nov -2010 ADMINISTRATIVE 200.00 FLEXO PRODUCTS LTD 341035 27 -Oct -2010 MATERIALS 2,061.24 FLEXO PRODUCTS LTD 341325 03- Nov -2010 MATERIALS 1,038.13 FLEXO PRODUCTS LTD 341754 10- Nov -2010 MATERIALS 500.28 FLOWER,ANGELA 341326 03- Nov -2010 ADMINISTRATIVE 50.00 FOOD ROLL SALES (NIAGARA) LTD 342083 24- Nov -2010 REFUND - DAMAGE DEPOSIT 750.00 FORLIN,KATHY 341755 10- Nov -2010 TRAVEUMILEAGE 128.00 FRANK COWAN COMPANY LIMITED 341036 27- Oct -2010 REMITTANCE 3,211.56 FRANK COWAN COMPANY LIMITED 342084 24- Nov -2010 REMITTANCE 7,782.97 FRASER,KAREN 341327 03- Nov -2010 REFUND 100.00 FRONT RANGE SOLUTIONS US DRAFT 22- Oct -2010 COMPUTER SUPPORT 4,068.32 FYFE,ALAN 342085 24- Nov -2010 REFUND -FOR SERVICE DEPOSIT 750.00 FYFE,AMANDA 341756 10- Nov -2010 TRAVEUMILEAGE 218.32 G P S PURSUIT INC 341039 27 -Oct -2010 CONTRACT SERVICES 56.50 G P S PURSUIT INC 342089 24- Nov -2010 ADVERTISING 56.50 GALATI,ANGIE 341328 03- Nov -2010 ADMINISTRATIVE 200.00 GALATI,JOSEPH 341329 03- Nov -2010 ADMINISTRATIVE 200.00 GALATI,SERA 341330 03- Nov -2010 ADMINISTRATIVE 175.00 GALES GAS BARS 340960 21- Oct -2010 FUEL 135.31 GALES GAS BARS 341331 03- Nov -2010 FUEL 18.31 GALES GAS BARS 341903 17- Nov -2010 FUEL 376.50 GALT MACHINE KNIFE & SAW 341037 27- Oct -2010 SERVICES 81.36 GARDEN OF EDEN LANDSCAPING INC 341757 10- Nov -2010 SERVICES 5,008.16 GATES,WAYNE 341332 03- Nov -2010 REFUND 100.00 GATTA HOMES INC 342086 24- Nov -2010 REFUND - OVERPAYMENT 137.78 GAULD NURSERIES LTD 341758 10- Nov -2010 MATERIALS 3,474.75 GAULD NURSERIES LTD 341904 17- Nov -2010 MATERIALS 5,582.20 GENIVAR CONSULTANTS LIMITED PARTNERSHIP 341905 17- Nov -2010 CONSULTING SERVICES 630.53 GEORGE BAILEY 341038 27- Oct -2010 SERVICES 150.00 GIBLETT,AFROZ & PETER 341759 10- Nov -2010 REFUND - OVERNIGHT PERMIT PRO- 14.12 Page 7 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount GIBRALTAR SOLUTIONS INC 341333 03- Nov -2010 SUBSCRIPTION 8,478.39 GILMER,SCOTT 341334 03- Nov -2010 ADMINISTRATIVE 175.00 GINGRAS,SYLVIE 341335 03- Nov -2010 ADMINISTRATIVE 175.00 GLENN,GEORGE PARKER IN TRUST 342088 24- Nov -2010 REFUND 3,898.59 GLENTEL WIRELESS CENTRE 341525 04- Nov -2010 REMITTANCE 778,437.09 GOLDSTONE,JOYCE 341337 03- Nov -2010 ADMINISTRATIVE 175.00 GOOD,DOUG 341338 03- Nov -2010 ADMINISTRATIVE 175.00 GOOD,PAULINE 341339 03- Nov -2010 ADMINISTRATIVE 175.00 GOODLIFE FITNESS CLUBS 341760 10- Nov -2010 MEMBERSHIP 1,695.00 GOODMAN,MARK 341761 10- Nov -2010 REFUND SAFETY BOOTS 150.00 GORDON,HARVEY 341340 03- Nov -2010 REFUND 100.00 GOYAL,PERMOD 341341 03- Nov -2010 REFUND 100.00 GOYETCHE,MARTIN E 341342 03- Nov -2010 ADMINISTRATIVE 175.00 GRAHAM,JEAN 341343 03- Nov -2010 ADMINISTRATIVE 50.00 GRAND & TOY 341762 10- Nov -2010 MATERIALS 942.76 GRANVILLE,MATTHEW 341344 03- Nov -2010 ADMINISTRATIVE 175.00 GRAY,MARIANN 341345 03- Nov -2010 ADMINISTRATIVE 175.00 GRAYBAR ELECTRIC LTD 341040 27- Oct -2010 MATERIALS 1,125.64 GRAYBAR ELECTRIC LTD 341763 10- Nov -2010 MATERIALS 441.42 GRAYBAR ELECTRIC LTD 341907 17- Nov -2010 MATERIALS 1,173.10 GREENLAWN 341908 17- Nov -2010 SERVICES 1,856.70 GREENOUGH,DONNA 341531 05- Nov -2010 ADMINISTRATIVE 175.00 GREENSPAN,NED 342090 24- Nov -2010 REFUND 135.59 GREENWOOD,BARBARA 341346 03- Nov -2010 REFUND 100.00 GRENIER,DAN 342091 24- Nov -2010 MATERIALS 375.00 GREY ISLAND SYSTEMS INC 341041 27- Oct -2010 SERVICES 4,147.54 GREY ISLAND SYSTEMS INC 342092 24- Nov -2010 SERVICES 4,670.73 GRIFFITHS,JOSEPH 341532 05- Nov -2010 ADMINISTRATIVE 200.00 GRIMSBY PIPE BAND 341347 03- Nov -2010 ADMINISTRATIVE 650.00 GROUND AERIAL MAINTENANCE LTD 342093 24- Nov -2010 SERVICES 29,791.67 GROUP92 341348 03- Nov -2010 REMITTANCE 1,765.78 GRUBICH,JOHN 342094 24- Nov -2010 TRAVEUMILEAGE 155.10 GT FRENCH PAPER LIMITED 341042 27- Oct -2010 MATERIALS 1,220.41 GT FRENCH PAPER LIMITED 341349 03- Nov -2010 MATERIALS 3,882.91 GT FRENCH PAPER LIMITED 341909 17- Nov -2010 MATERIALS 1,969.13 GT FRENCH PAPER LIMITED 342095 24- Nov -2010 MATERIALS 305.79 NALCO MOBILE MFG SALES & SERVICE INC 341043 27- Oct -2010 LEASES AND RENTS 621.50 HALCO MOBILE MFG SALES & SERVICE INC 341350 03- Nov -2010 LEASES AND RENTS 621.50 HALCO MOBILE MFG SALES & SERVICE INC 341764 10- Nov -2010 LEASES AND RENTS 1,398.37 HALF WAY SAND PIT LIMITED 341044 27- Oct -2010 MATERIALS 237.31 HALF WAY SAND PIT LIMITED 341351 03- Nov -2010 MATERIALS 226.00 HALF WAY SAND PIT LIMITED 342096 24- Nov -2010 MATERIALS 226.00 HALLE,MICHAEL 341765 10- Nov -2010 REFUND - CROSSFIT COURSE 1,000.00 HAMILTON DIGITAL DESIGNS LTD 341045 27- Oct -2010 MATERIALS 1,751.50 HAMILTON DIGITAL DESIGNS LTD 342097 24- Nov -2010 CONTRACT SERVICES 10,500.00 HANAAMERICACORPORATION 342098 24- Nov -2010 REFUND 11,613.09 HANNA,DEBRA 341533 05- Nov -2010 ADMINISTRATIVE 200.00 HANTZIAGELIS,LENA 341352 03- Nov -2010 ADMINISTRATIVE 450.00 HARROLD,BILL 341534 05- Nov -2010 ADMINISTRATIVE 200.00 HARROLD,JANE 341535 05- Nov -2010 ADMINISTRATIVE 200.00 HARROLD,KIM 341536 05- Nov -2010 ADMINISTRATIVE 200.00 HAYES,BEVERLY 341353 03- Nov -2010 ADMINISTRATIVE 200.00 HAYES,SANDRA 341537 05- Nov -2010 ADMINISTRATIVE 200.00 HAYGAR ENTERPRISES 341354 03- Nov -2010 MATERIALS 382.25 HAYMES,CHRISTINE & DOUGLAS 342099 24- Nov -2010 REFUND 536.28 HEATHERS,JENNIFER 341355 03- Nov -2010 ADMINISTRATIVE 75.00 HECIMOVICH,KELLY 341538 05- Nov -2010 ADMINISTRATIVE 175.00 HEIN,MARGARET 341539 05- Nov -2010 ADMINISTRATIVE 175.00 HERBER,GRACE SHIRLEY 341540 05- Nov -2010 ADMINISTRATIVE 175.00 HERMAN,FRANK 341356 03- Nov -2010 REFUND 100.00 HICKEY,BARBARA 341541 05- Nov -2010 ADMINISTRATIVE 200.00 HISTORIC NIAGARA DEVELOPMENT INC 341046 27- Oct -2010 LEASES AND RENTS 3,502.86 HIT MEN BRASS BAND US DRAFT 08- Nov -2010 SANTA PARADE 1,000.00 HOGARTH,GARY 341357 03- Nov -2010 ADMINISTRATIVE 50.00 HOLMAN,GEOFF 341358 03- Nov -2010 TRAVEUMILEAGE 219.50 HOLY TRINITY CHURCH 341542 05- Nov -2010 ADMINISTRATIVE -POLL 50 120.00 HOOVER,GAYLE 341543 05- Nov -2010 ADMINISTRATIVE 175.00 HOSKING,SHEILA JANE 341544 05- Nov -2010 ADMINISTRATIVE 205.00 HUNTER,JIM 341359 03- Nov -2010 REFUND -OFC FUND 45.00 HY GRADE PRECAST CONCRETE 342100 24- Nov -2010 MATERIALS 1,204.24 HYLKEMA,DEBBIE 341545 05- Nov -2010 ADMINISTRATIVE 200.00 IAFF WORKSHOP US DRAFT 08- Nov -2010 TRAINING 210.36 IBI GROUP 341047 27 -Oct -2010 CONSULTING SERVICES 10,113.50 ICECO ADVANCED ARENA PRODUCTS 341766 10- Nov -2010 MATERIALS 2,443.31 Page 8 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ICI CANADA INC 341048 27 -Oct -2010 MATERIALS 153.57 ICI CANADA INC 342101 24- Nov -2010 MATERIALS 341.10 INDUSTRIAL SAFETY EQUIPMENT CO LTD 341767 10- Nov -2010 MATERIALS 300.00 INDUSTRY CANADA 341049 27- Oct -2010 ADMINISTRATIVE 347.20 INGOT HOLDINGS LIMITED 342102 24- Nov -2010 REFUND 24,189.43 INNOVATIVE SURFACE SOLUTIONS CANADA 342103 24- Nov -2010 MATERIALS 4,479.69 INSLEY,CATHARINE 341546 05- Nov -2010 ADMINISTRATIVE 175.00 INSPEC SOL INC. 341050 27- Oct -2010 SERVICES 3,483.20 INSPEC SOL INC. 341360 03- Nov -2010 SERVICES 14,883.42 IOANNONI,CAROLYNN 341361 03- Nov -2010 REFUND 100.00 IRELAND,MEGAN 341547 05- Nov -2010 ADMINISTRATIVE 175.00 IRVINE,MARY ANN 341548 05- Nov -2010 ADMINISTRATIVE 175.00 J & B PROCESS SERVING INC 341053 27- Oct -2010 SERVICES 56.50 J & B PROCESS SERVING INC 341771 10- Nov -2010 SERVICES 39.55 JACKET CELLAR THE 341769 10- Nov -2010 MATERIALS 1,127.18 JAIN,SHAILI PORTWAL& HEMRAJ, RATACHACHAND 342104 24- Nov -2010 REFUND 436.07 JAKOVCIC,PETER 341052 27- Oct -2010 REFUND -SIGN PERMIT FEE 91.84 JAMARDEN GROUP 341147 27- Oct -2010 SERVICES 395.50 JAMESTEE,CAROLE 341549 05- Nov -2010 ADMINISTRATIVE 200.00 JARRETT,DAVE 341770 10- Nov -2010 REFUND SAFETY BOOT 150.00 JAX COMMERCIAL FITNESS EQUIPMENT REPAIR 341911 17- Nov -2010 SERVICES 237.30 JCY ASSOCIATES 341054 27- Oct -2010 SERVICES 581.95 JENNINGS,FREDA 341550 05- Nov -2010 ADMINISTRATIVE 200.00 JESSOP,JIM 341055 27 -Oct -2010 TRAVEUMILEAGE 114.11 JESSOP,JIM 341362 03- Nov -2010 TRAVEUMILEAGE 98.63 JESSOP,VICTORIA 341551 05- Nov -2010 ADMINISTRATIVE 200.00 JOHN HARRIMAN 341772 10- Nov -2010 CONSULTING SERVICES 437.50 JOHNSTON,BRAD 341363 03- Nov -2010 TRAVEUMILEAGE 170.50 JOLLEY,KARYN ANN 341552 05- Nov -2010 ADMINISTRATIVE 200.00 JONES,BARRIE 341553 05- Nov -2010 ADMINISTRATIVE 175.00 JONES,DIANE 341554 05- Nov -2010 ADMINISTRATIVE 175.00 JONES,DONALD& THOMAS, MURRAY 341773 10- Nov -2010 REFUND BP 2010 -0508 750.00 JONES,ELIZABETH 341555 05- Nov -2010 ADMINISTRATIVE 175.00 JONES,ENID 341556 05- Nov -2010 ADMINISTRATIVE 175.00 JONOVICH,ELI 341557 05- Nov -2010 ADMINISTRATIVE 200.00 JONOVICH,ZORINE 341558 05- Nov -2010 ADMINISTRATIVE 200.00 JORDAN,RONNIE 341559 05- Nov -2010 ADMINISTRATIVE 175.00 KAN DU POOLS LTD 341774 10- Nov -2010 REFUND BP DAMAGE DEPOSIT 750.00 KANG,JAMES 341364 03- Nov -2010 REFUND 100.00 KASPER,KURT REGINALD 342105 24- Nov -2010 REFUND 750.00 KEAYS,BONNIE 341365 03- Nov -2010 ADMINISTRATIVE 175.00 KEAYS,EVAN 341366 03- Nov -2010 ADMINISTRATIVE 200.00 KEKIC,VIOLET 341367 03- Nov -2010 ADMINISTRATIVE 200,00 KELLY,JENNIFER 341368 03- Nov -2010 ADMINISTRATIVE 225.00 KELLY DIGS LANDSCAPING 341057 27 -Oct -2010 CONTRACT SERVICES 16,246.37 KELLY DIGS LANDSCAPING 342106 24- Nov -2010 MAINTENANCE /REPAIRS 5,183.21 KENNEDY,FLORA 341369 03- Nov -2010 ADMINISTRATIVE 175.00 KENNEY,GERALD 341370 03- Nov -2010 REFUND SHOES OCT10 110.16 KERRIO,VINCE 341372 03- Nov -2010 REFUND 100.00 KING,STEVE 341373 03- Nov -2010 REFUND 200.00 KING CONTRACTORS OF NIAGARA LTD 341560 05- Nov -2010 CONTRACT SERVICES 20,553.06 KOLUK,TERESA 341374 03- Nov -2010 ADMINISTRATIVE 225.00 KONE INC 341059 27- Oct -2010 CONTRACT SERVICES 556.06 KONE INC 341060 27- Oct -2010 CONTRACT SERVICES 2,879.73 KONE INC 342107 24- Nov -2010 CONTRACT SERVICES 556.06 KOTEV,ROUMEN 341775 10- Nov -2010 TRAVEUMILEAGE 200.00 KRAUSE,GARY 341375 03- Nov -2010 ADMINISTRATIVE 200.00 KRAWCZYK CONSTRUCTION MAINTENANCE 341061 27- Oct -2010 CONTRACT SERVICES 1,237.35 KRAWCZYK CONSTRUCTION MAINTENANCE 341776 10- Nov -2010 CONTRACT SERVICES 4,576.50 KRAWCZYK CONSTRUCTION MAINTENANCE 341912 17- Nov -2010 MAINTENANCE/REPAIRS 339.00 KRONSTEIN,MARK 341777 10- Nov -2010 TRAVEUMILEAGE 78.00 KUHN,WENDY 341376 03- Nov -2010 ADMINISTRATIVE 200.00 KWIK MIX MATERIALS LIMITED 341062 27 -Oct -2010 MATERIALS 1,552.35 L CAMPBELL & ASSOCIATES 341066 27- Oct -2010 CONSULTING SERVICES 1,093.28 LAERDAL MEDICAL CANADA LTD 341063 27- Oct -2010 MATERIALS 3,002.04 LAFARGE CANADA INC 341913 17- Nov -2010 CONTRACT SERVICES 3,848.89 LAIR,MICHELLE 341377 03- Nov -2010 ADMINISTRATIVE 200.00 LAKE'S MAINTENANCE 341064 27- Oct -2010 CONTRACT SERVICES 164.98 LAKE'S MAINTENANCE 341778 10- Nov -2010 MAINTENANCE/REPAIRS 357.08 LAKE'S MAINTENANCE 342108 24- Nov -2010 MAINTENANCE/REPAIRS 1,945.75 LALONDE,ERNIE 341378 03- Nov -2010 ADMINISTRATIVE 200.00 LATOPLAST LTD 341065 27 -Oct -2010 STORES /INVENTORY 494.94 LATOPLAST LTD 342109 24- Nov -2010 MATERIALS 583.08 LEE,JONG DAE& LEE, YOON HEE 342110 24- Nov -2010 REFUND 3,649.90 Page 9 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount LEONE,ELISABETTA 341780 10- Nov -2010 REFUND 750.00 LEONE,MARIO& LEONE, OLGA 342111 24- Nov -2010 REFUND 1,756.25 LETOURNEAU,DENIS 341379 03- Nov -2010 ADMINISTRATIVE 200.00 LETOURNEAU,K JANE 341380 03- Nov -2010 ADMINISTRATIVE 200.00 LEXISNEXIS CANADA INC 341067 27- Oct -2010 MATERIALS 400.74 LINCOLN & WELLAND REGIMENT BAND 341382 03- Nov -2010 REMITTANCE 800.00 LINCOLN APPLIANCE SERVICE CENTRE INC 341069 27- Oct -2010 SERVICES 85.88 LINCOLN APPLIANCE SERVICE CENTRE INC 342113 24- Nov -2010 MAINTENANCE /REPAIRS 257.64 LIPPERT & WRIGHT FUELS INC 341070 27- Oct -2010 FUEL 39,780.63 LIPPERT & WRIGHT FUELS INC 342114 24- Nov -2010 FUEL 29,373.53 LOACH,KRISTIN 341383 03- Nov -2010 ADMINISTRATIVE 200.00 LOCKHART,ELIZABETH 341384 03- Nov -2010 ADMINISTRATIVE 200.00 LOCOCO,BRENDA 341385 03- Nov -2010 ADMINISTRATIVE 200.00 LOETFERING,NANCY 341386 03- Nov -2010 ADMINISTRATIVE 925.00 LONG,DOUGLAS 341387 03- Nov -2010 ADMINISTRATIVE 200.00 LUNDY'S LANE UNITED CHURCH 341388 03- Nov -2010 REMITTANCE 120.00 LYMBURNER,BOB 341915 17- Nov -2010 REFUND 40.00 M & L SUPPLY FIRE AND SAFETY 341080 27- Oct -2010 MATERIALS 25.06 M & L SUPPLY FIRE AND SAFETY 341424 03- Nov -2010 MATERIALS 449.59 M & L SUPPLY FIRE AND SAFETY 341788 10- Nov -2010 MATERIALS 15.84 M & L SUPPLY FIRE AND SAFETY 341926 17- Nov -2010 MATERIALS 745.17 M J DUMONT ENTERPRISES LTD 341079 27- Oct -2010 CONTRACT SERVICES 782.91 MACDONNELL,DAN 341389 03- Nov -2010 ADMINISTRATIVE 200.00 MACDONNELL,SHARON 341390 03- Nov -2010 ADMINISTRATIVE 200.00 MACLEAN,GERMAINE 341391 03- Nov -2010 ADMINISTRATIVE 200.00 MANCHESTER SUPPLY 341392 03- Nov -2010 MATERIALS 1,261.08 MANCUSO,FRANK 341782 10- Nov -2010 REFUND DAMAGE DEPOSIT 750.00 MANCUSO,SAMUEL 341393 03- Nov -2010 ADMINISTRATIVE 175.00 MANOR CLEANERS 341394 03- Nov -2010 CONTRACT SERVICES 19.78 MANOR CLEANERS 341916 17- Nov -2010 SERVICES 26.90 MAPLE LEAF COLLISION CENTRE 341783 10- Nov -2010 MAINTENANCE/REPAIRS 1,506.69 MARCHESSE,TINA 341395 03- Nov -2010 ADMINISTRATIVE 175.00 MARI -LYNNE EASTLAND 341742 10- Nov -2010 SERVICES 892.70 MARINELAND OF CANADA 342115 24- Nov -2010 REFUND 614.78 MARR,ELIZABETH ANNE 341396 03- Nov -2010 ADMINISTRATIVE 200.00 MARRAMA,ESTELLE 341397 03- Nov -2010 ADMINISTRATIVE 200.00 MARTIN,DONALD 341917 17- Nov -2010 GRANT 3,900.00 MASON,HAROLD 341398 03- Nov -2010 ADMINISTRATIVE 200.00 MASON,KATHLEEN 341399 03- Nov -2010 ADMINISTRATIVE 200.00 MATSON,BILL 341918 17- Nov -2010 TRAVEUMILEAGE 284.71 MATSON,HEATHER 341400 03- Nov -2010 ADMINISTRATIVE 1,200.00 MATSON,LESLEY 341401 03- Nov -2010 ADMINISTRATIVE 1,200.00 MATSON,WILLIAM 341402 03- Nov -2010 ADMINISTRATIVE 1,200.00 MATTHEWS INTERNATIONAL CORP. 341071 27- Oct -2010 MATERIALS 342.90 MAVES,BART 341404 03- Nov -2010 REFUND 100.00 MAVES,KEVIN CAMPBELL 341405 03- Nov -2010 REFUND 100.00 MAVES,W. BART 341403 03- Nov -2010 REFUND 250.00 MAZZONE,SHIRLEY 341406 03- Nov -2010 ADMINISTRATIVE 175.00 MCBURNEY DURDAN HENDERSON & CORBETT 341072 27- Oct -2010 CONSULTING SERVICES 1,106.72 MCCONNELL,LUCILLE 341784 10- Nov -2010 TRAVEUMILEAGE 96.00 MCDONALD,ANN 341407 03- Nov -2010 ADMINISTRATIVE 200.00 MCG PRODUCTIONS 342116 24- Nov -2010 SERVICES 1,017.00 MCLEOD,JOHN 341561 05- Nov -2010 ADMINISTRATIVE 75.00 MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD 341073 27 -Oct -2010 CONTRACT SERVICES 28.25 MCMASTER,SHARON 341408 03- Nov -2010 ADMINISTRATIVE 200.00 MCNAMARA,SUSAN 341785 10- Nov -2010 TRAVEUMILEAGE 96.00 MCQUADE,DONALD LLOYD& MCQUADE, MAXINE ELAINE 342119 24- Nov -2010 REFUND 1,014.36 MCRAE,CAROYLN 341409 03- Nov -2010 ADMINISTRATIVE 175.00 MCRAE,HELEN 341919 17- Nov -2010 REFUND 158.20 MCRAE,LEN 341074 27- Oct -2010 CONSULTING SERVICES 60.00 MEANEY,BEATRICE 341410 03- Nov -2010 ADMINISTRATIVE 200.00 MEDIA SUPPLY OUTLET 342120 24- Nov -2010 SERVICES 282.50 MEGA -LAB MANUFACTURING CO. LTD 341411 03- Nov -2010 MATERIALS 769.53 MELROSE,GERALD 341412 03- Nov -2010 ADMINISTRATIVE 175.00 MERCER (CANADA) LIMITED 342121 24- Nov -2010 CONSULTING SERVICES 2,056.60 MERIT CONTRACTORS NIAGARA 341075 27 -Oct -2010 CONTRACT SERVICES 135,459.98 MERIT CONTRACTORS NIAGARA 341920 17- Nov -2010 CONTRACT SERVICES 58,279.19 MERLINO,RICH 341413 03- Nov -2010 REFUND 100.00 MERRITT,MARGERY 341414 03- Nov -2010 ADMINISTRATIVE 200.00 METRO PLUMBING & HEATING 341076 27 -Oct -2010 CONTRACT SERVICES 89.27 METRO PLUMBING & HEATING 341921 17- Nov -2010 CONTRACT SERVICES 3,898.50 MG PROMOTIONS 341922 17- Nov -2010 MATERIALS 410.60 MG PROMOTIONS 342122 24- Nov -2010 MATERIALS 242.95 MHPM PROJECT MANAGERS INC 341077 27 -Oct -2010 CONSULTING SERVICES 12,194.60 Page 10 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MHPM PROJECT MANAGERS INC 342123 24- Nov -2010 CONTRACT SERVICES 11,781.91 MIANO,JOHN 341415 03- Nov -2010 ADMINISTRATIVE 175.00 MIANO,MARYANN 341416 03- Nov -2010 ADMINISTRATIVE 175.00 MIGNELLI,CARMEN 341786 10- Nov -2010 REFUND TUITION 396.37 MIGNELLI,CARMEN 341924 17- Nov -2010 REFUND 381.38 MILLAN,RICK 341418 03- Nov -2010 ADMINISTRATIVE 175.00 MILLER,DAVID 341417 03- Nov -2010 ADMINISTRATIVE 175.00 MINERVINI,DOMENIC 341419 03- Nov -2010 TRAVEUMILEAGE OCT10 236.50 MINERVINI,DOMENIC 341562 05- Nov -2010 ADMINISTRATIVE 75.00 MINISTER OF FINANCE 341420 03- Nov -2010 PAYROLL REMITTANCE 59,034.51 MINISTER OF FINANCE 341421 03- Nov -2010 PAYROLL REMITTANCE 3,816.18 MINISTER OF FINANCE 342127 24- Nov -2010 PAYROLL REMITTANCE 57,873.93 MINISTER OF FINANCE 342128 24- Nov -2010 PAYROLL REMITTANCE 3,791.12 MINISTER OF FINANCE 342129 24- Nov -2010 MATERIALS 19,200.00 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 342130 24- Nov -2010 REMITTANCE 2,430.00 MINISTRY OF ATTORNEY GENERAL 341078 27- Oct -2010 PAYROLL REMITTANCE 2,174.85 MINISTRY OF ATTORNEY GENERAL 341787 10- Nov -2010 PAYROLL REMITTANCE 2,178.82 MINISTRY OF ATTORNEY GENERAL 342126 24- Nov -2010 PAYROLL REMITTANCE 2,471.58 MINISTRY OF FINANCE MINISTRY OF AGRICULTURE FOOD RURA 342125 24- Nov -2010 REMITTANCE 22,320.99 MIRABELLI,SAM 341422 03- Nov -2010 REFUND 150.00 MIROVICH,LILLIAN 341423 03- Nov -2010 ADMINISTRATIVE 200.00 MISENER,ROB 341925 17- Nov -2010 SERVICES 100.00 MITY -LITE US DRAFT 17- Nov -2010 CONVENTION CENTRE EQUIPMENT 323,456.70 MODERN LANDFILL INC 341081 27- Oct -2010 CONTRACT SERVICES 3,252.21 MODERN LANDFILL INC 342131 24- Nov -2010 SERVICES 2,147.88 MONAGHAN,JANET 341425 03- Nov -2010 ADMINISTRATIVE 200.00 MONTGOMERY BROS & NORTHLAND SUPPLY 341789 10- Nov -2010 MATERIALS 4,808.15 MONTGOMERY BROS & NORTHLAND SUPPLY 341927 17- Nov -2010 CONTRACT SERVICES 7,221.27 MOORE,KATHY 341426 03- Nov -2010 ADMINISTRATIVE 175.00 MOROCCO,JOHN 341790 10- Nov -2010 TRAVEUMILEAGE 185.50 MOROCCO,JOYCE 341428 03- Nov -2010 REFUND 100.00 MOROCCO,RITA 341427 03- Nov -2010 ADMINISTRATIVE 875.00 MOUNTAIN PARK CHURCH 341429 03- Nov -2010 REMITTANCE 120.00 MR QUICK SOFT CLOTH 341082 27- Oct -2010 CONTRACT SERVICES 92.66 MR QUICK SOFT CLOTH 342132 24- Nov -2010 SERVICES 140.12 MULLER'S WORKWEAR 342133 24- Nov -2010 MATERIALS 949.20 MULLEY,AIDA 341430 03- Nov -2010 ADMINISTRATIVE 175.00 MUMA,KATHRYN 341431 03- Nov -2010 ADMINISTRATIVE 175.00 MURACA,ENZO 341432 03- Nov -2010 REFUND 100.00 MURACA,JACK 341791 10- Nov -2010 REFUND SAFTY BOOTS 144.06 MURPHY,ALLISON 341433 03- Nov -2010 ADMINISTRATIVE 175.00 MURPHY, DAN US DRAFT 23- Nov -2010 TRAVEL EXP 29.83 MURRAY,JANICE 341434 03- Nov -2010 ADMINISTRATIVE 200.00 MUSSARI,TOM 341435 03- Nov -2010 TRAVEUMILEAGE 599.73 MWANGI,SUSAN 341436 03- Nov -2010 ADMINISTRATIVE 175.00 N.S.M FABRICATING LIMITED 341454 03- Nov -2010 MATERIALS 226.00 NESS,BARBARA 341438 03- Nov -2010 REFUND 100.00 NEWMAN,SHELLEY 341792 10- Nov -2010 REFUND DAMAGE DEP 750.00 NEXTERRA SUBSTRUCTURES INCORPORATED 341083 27- Oct -2010 CONTRACT SERVICES 323,687.71 NGUYEN,NHAN VAN& NGUYEN, DUC THI 342134 24- Nov -2010 REFUND 2,507.89 NIAGARA BATTERY & TIRE 341439 03- Nov -2010 MAINTENANCE/REPAIRS 1,558.63 NIAGARA BATTERY & TIRE 341440 03- Nov -2010 MAINTENANCE/REPAIRS 160.10 NIAGARA BATTERY & TIRE 341928 17- Nov -2010 MAINTENANCE/REPAIRS 4,692.55 NIAGARA BATTERY & TIRE 342135 24- Nov -2010 MAINTENANCE/REPAIRS 5,783.74 NIAGARA COLLEGE BROADCASTING RADIO TELEVISION & FILM 341929 17- Nov -2010 SERVICES 750.00 NIAGARA COMMUNITY NEWSPAPERS 341930 17- Nov -2010 ADVERTISING 1,265.60 NIAGARA CUSTOM POWDER COATING INC 341085 27- Oct -2010 CONTRACT SERVICES 914.17 NIAGARA DISTRICT AIRPORT COMMISSION 341086 27- Oct -2010 GRANT 22,322.75 NIAGARA DRIVETRAIN CENTRE 341087 27- Oct -2010 CONTRACT SERVICES 726.77 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 341089 27- Oct -2010 PAYROLL REMITTANCE 6,731.25 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 341090 27 -Oct -2010 PAYROLL REMITTANCE 6,422.51 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 341793 10- Nov -2010 PAYROLL REMITTANCE 6,731.25 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 342136 24- Nov -2010 PAYROLL REMITTANCE 6,422.51 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 342137 24- Nov -2010 PAYROLL REMITTANCE 6,731.25 NIAGARA FALLS BLOCK PARENT PROGRAM 341084 27- Oct -2010 REFUND 25.00 NIAGARA FALLS OPTIMIST CLUB 341441 03- Nov -2010 REMITTANCE 240.00 NIAGARA FALLS PUBLIC LIBRARY 341088 27- Oct -2010 PETTY CASH 1,226.22 NIAGARA FALLS STN 6 VOLUNTEER FIREFIGHTERS ASSOC 341563 05- Nov -2010 REMITTANCE 120.00 NIAGARA FALLS TOURISM 341442 03- Nov -2010 GRANT ALLOWANCE DEC10 30,000.00 NIAGARA HEALTH SYSTEM 341091 27- Oct -2010 SERVICES - AMBULANCE SERVICE 45.00 NIAGARA INFLATABLES & GAMES INC. 341093 27- Oct -2010 MATERIALS 562.74 NIAGARA INFLATABLES & GAMES INC. 341933 17- Nov -2010 MATERIALS 552.57 NIAGARA INFO -TRAIN SYSTEMS LTD 341092 27- Oct -2010 ADMINISTRATIVE 339.00 NIAGARA MEMORIAL MILITAIRES 341443 03- Nov -2010 ADMINISTRATIVE 1,000.00 Page 11 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA OCCUPATIONAL HEALTH SERVICES 341094 27- Oct -2010 MATERIALS 365.35 NIAGARA OCCUPATIONAL HEALTH SERVICES 342139 24- Nov -2010 SERVICES 1,310.35 NIAGARA ON THE LAKE HYDRO INC 341095 27- Oct -2010 UTILITIES 101.37 NIAGARA ON THE LAKE HYDRO INC 342140 24- Nov -2010 UTILITIES 110.04 NIAGARA PENINSULA AMATEUR RADIO CLUB 341936 17- Nov -2010 REMITTANCE 50.00 NIAGARA PENINSULA ENERGY INC 341096 27- Oct -2010 CONTRACT SERVICES 9,158.45 NIAGARA PENINSULA ENERGY INC 341097 27 -Oct -2010 CONTRACT SERVICES 5,836.40 NIAGARA PENINSULA ENERGY INC 341098 27- Oct -2010 UTILITIES 6,158.09 NIAGARA PENINSULA ENERGY INC 341099 27- Oct -2010 UTILITIES 125,956.79 NIAGARA PENINSULA ENERGY INC 341445 03- Nov -2010 UTILITIES 36,303.22 NIAGARA PENINSULA ENERGY INC 341446 03- Nov -2010 UTILITIES 35,318.83 NIAGARA PENINSULA ENERGY INC 341794 10- Nov -2010 UTILITIES 6,361.85 NIAGARA PENINSULA ENERGY INC 341795 10- Nov -2010 UTILITIES MORRISON ST ESTER 24,989.26 NIAGARA PENINSULA ENERGY INC 341934 17- Nov -2010 UTILITIES 8,413.89 NIAGARA PENINSULA ENERGY INC 341935 17- Nov -2010 UTILITIES 1,304.94 NIAGARA PENINSULA ENERGY INC 342141 24- Nov -2010 CONTRACT SERVICES 10,287.63 NIAGARA PENINSULA ENERGY INC 342142 24- Nov -2010 UTILITIES 2,513.50 NIAGARA REGIONAL BROADBAND NETWORK 341100 27- Oct -2010 SERVICES 2,943.94 NIAGARA REGIONAL BROADBAND NETWORK 342143 24- Nov -2010 SERVICES 2,943.94 NIAGARA REGIONAL HOUSING 341447 03- Nov -2010 REMITTANCE 120.00 NIAGARA REGIONAL TOWING 341448 03- Nov -2010 SERVICES 189.84 NIAGARA SAW SALES AND SERVICE 341101 27- Oct -2010 MATERIALS 294.43 NIAGARA SAW SALES AND SERVICE 342144 24- Nov -2010 MAINTENANCE /REPAIRS 261.45 NIAGARA SPRING SERVICE LTD 342145 24- Nov -2010 MAINTENANCE/REPAIRS 110.51 NIAGARA SQUARE 341449 03- Nov -2010 ADMINISTRATIVE 120.00 NIAGARA THIS WEEK 342146 24- Nov -2010 ADVERTISING 2,163.64 NIAGARA VIDEO PRODUCTIONS 341444 03- Nov -2010 ADVERTISING 949.20 NIAGARA WORSHIP CENTRE 341450 03- Nov -2010 REMITTANCE 120.00 NIAGARA.COM 341932 17- Nov -2010 SERVICES 13.56 NIELSEN'S MAINTENANCE (1999) LTD 341102 27- Oct -2010 MATERIALS 274.09 NIELSEN'S MAINTENANCE (1999) LTD 341937 17- Nov -2010 MAINTENANCE /REPAIRS 1,019.72 NIELSEN'S MAINTENANCE (1999) LTD 342147 24- Nov -2010 MAINTENANCE/REPAIRS 1,017.82 NIEUWESTEEG,DIANE 341451 03- Nov -2010 ADMINISTRATIVE 425.00 NIEUWESTEEG,ED 341453 03- Nov -2010 REFUND 100.00 NIEUWESTEEG,LIA 341452 03- Nov -2010 ADMINISTRATIVE 175.00 NIF SOLUTIONS 341103 27- Oct -2010 CONTRACT SERVICES 467.54 NIGHT WATCH SECURITY 341938 17- Nov -2010 CONTRACT SERVICES 463.30 NIGHT WATCH SECURITY 342148 24- Nov -2010 SERVICES 406.80 NORJOHN CONTRACTING & PAVING LTD 341104 27- Oct -2010 CONTRACT SERVICES 161,941.48 NORTHLAND NURSERY 341939 17- Nov -2010 MATERIALS 618.68 NORTON,GAGE 341940 17- Nov -2010 REFUND 150.00 NORTRAX 341941 17- Nov -2010 MATERIALS 23.68 O'HARA TRUCKING & EXCAVATING 341942 17- Nov -2010 MATERIALS 4,411.95 O'HARA TRUCKING & EXCAVATING 342150 24- Nov -2010 MAINTENANCE/REPAIRS 11,549.23 O'REILLY,TERRY 341455 03- Nov -2010 REFUND 100.00 OAKWOOD PLACE SHOPPING CENTRE INC 341796 10- Nov -2010 REFUND -OF HALF OF THE CONDITC 19,016.84 OCE- CANADA INC 342149 24- Nov -2010 MATERIALS 312.33 OIL FILTRATION SPECIALISTS INC 341058 27- Oct -2010 MATERIALS 762.07 OMERS 341943 17- Nov -2010 PAYROLL REMITTANCE - OCTOBER F 22,199.06 OMERS 341944 17- Nov -2010 PAYROLL REMITTANCE- OCTOBER F 430,395.00 ON THE AIR NETWORKS 341945 17- Nov -2010 CONTRACT SERVICES 4,292.87 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 341798 10- Nov -2010 SERVICES 1,243.00 ONTARIO PARKS ASSOCIATION 341105 27- Oct -2010 ADMINISTRATIVE - CHAINSAW SAFE 357.00 ONTARIO SCHOOL BOARDS' INSURANCE EXCHANGE 341946 17- Nov -2010 ADMINISTRATIVE 15,000.00 ORLOVIC,ZARKO & ORLOVIC, LJILJANA 341456 03- Nov -2010 REFUND - TAX OVERPAYMENT 928.73 PAGENET OF CANADA INC 342151 24- Nov -2010 SERVICES 16.89 PALERMO,PETER 341457 03- Nov -2010 REFUND 100.00 PALMER,WENDALL 341106 27- Oct -2010 REFUND 200.00 PAQUETTE,ROBERT 341458 03- Nov -2010 REFUND 100.00 PARENT,ELIZABETH 341460 03- Nov -2010 ADMINISTRATIVE 200.00 PARILLO,ANNA 341459 03- Nov -2010 ADMINISTRATIVE 400.00 PARKER,HENRY 341461 03- Nov -2010 ADMINISTRATIVE 175.00 PATEL,ATUL 341565 05- Nov -2010 ADMINISTRATIVE 175.00 PATTERSON,AMY 341564 05- Nov -2010 ADMINISTRATIVE 450.00 PAUCO,ANNE 341566 05- Nov -2010 ADMINISTRATIVE 175.00 PAUL,DON 341567 05- Nov -2010 ADMINISTRATIVE 50.00 PAUL,NANCY 341568 05- Nov -2010 ADMINISTRATIVE 200.00 PAYNE,DIANNE 341462 03- Nov -2010 REFUND 717.55 PEC ROOF MAINTENANCE 341947 17- Nov -2010 MAINTENANCE/REPAIRS 774.80 PEMBERTON,HOLLY 341569 05- Nov -2010 ADMINISTRATIVE 450.00 PENINSULA ABSTRACT INC 341109 27- Oct -2010 CONTRACT SERVICES 88.76 PENINSULA ABSTRACT INC 341464 03- Nov -2010 CONTRACT SERVICES 83.50 PENINSULA ABSTRACT INC 342154 24- Nov -2010 CONTRACT SERVICES 57.88 PENINSULA PEST CONTROL LTD 341108 27- Oct -2010 CONTRACT SERVICES 67.80 Page 12 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PENINSULA PRESS LIMITED 342153 24- Nov -2010 MATERIALS 5,340.37 PENINSULA PURE WATER 341107 27- Oct -2010 MATERIALS 100.00 PENINSULA PURE WATER 341948 17- Nov -2010 MATERIALS 280.00 PENINSULA PURE WATER 342152 24- Nov -2010 SERVICES 170.00 PENNER BUILDING CENTRE 341799 10- Nov -2010 MATERIALS 189.39 PETRO- CANADA 341110 27- Oct -2010 FUEL 41,741.67 PETRO- CANADA 341465 03- Nov -2010 FUEL 46,616.89 PETRO- CANADA 341800 10- Nov -2010 FUEL 18,632.77 PETRO- CANADA 341949 17- Nov -2010 FUEL 18,717.55 PETRO- CANADA 342155 24- Nov -2010 FUEL 66,004.48 PETTI,VINCENT 342156 24- Nov -2010 ADMINISTRATIVE 250.00 PHILLIPS,ANNA 341570 05- Nov -2010 ADMINISTRATIVE 200.00 PICCA,ANNA 341571 05- Nov -2010 ADMINISTRATIVE 200.00 PIETRANGELO,VICTOR 341466 03- Nov -2010 REFUND 100.00 PIGEON,ROGER 342157 24- Nov -2010 REFUND 150.00 PINERIDGE TREE SERVICE LTD 341467 03- Nov -2010 CONTRACT SERVICES 4,410.00 PINERIDGE TREE SERVICE LTD 342158 24- Nov -2010 CONTRACT SERVICES 18,984.00 PIPE,ROGER 341572 05- Nov -2010 ADMINISTRATIVE 200.00 PIRKO,ARLENE 341573 05- Nov -2010 ADMINISTRATIVE 250.00 PIRKO,CHARLES 341574 05- Nov -2010 ADMINISTRATIVE 175.00 PIRKO,KATHLEEN 341575 05- Nov -2010 ADMINISTRATIVE 200.00 PIRSON,MIKE 342159 24- Nov -2010 REFUND 112.98 PITNEY BOWES GLOBAL CREDIT SERVICES 341112 27 -Oct -2010 LEASES AND RENTS 205.43 PITNEY WORKS 341111 27- Oct -2010 ADMINISTRATIVE- POSTAGE 22,600.00 PK HUMMINGBIRD STEEL BAND 341468 03- Nov -2010 REMITTANCE 500.00 PLYLEY,CINDY 341576 05- Nov -2010 ADMINISTRATIVE 205.00 PLYLEY,CRAIG 341577 05- Nov -2010 ADMINISTRATIVE 200.00 PORTAGE BAKERY INC. 342160 24- Nov -2010 ADMINISTRATIVE 390.00 PORTER,GAIL 341801 10- Nov -2010 TRAVEUMILEAGE 79.00 POTALIVO,ANNE MARIE 341579 05- Nov -2010 ADMINISTRATIVE 175.00 POTALIVO,LAURA 341578 05- Nov -2010 ADMINISTRATIVE 75.00 POTALIVO,STEVE 341581 05- Nov -2010 ADMINISTRATIVE 450.00 POTTER,JANIE 341580 05- Nov -2010 ADMINISTRATIVE 175.00 POTTER,WAYNE 341582 05- Nov -2010 ADMINISTRATIVE 200.00 POTTIE,VERA 341583 05- Nov -2010 ADMINISTRATIVE 200.00 PRACTICA LTD 341113 27- Oct -2010 MATERIALS 3,404.35 PRATA,GUY 341114 27- Oct -2010 TRAVEUMILEAGE 70.00 PRATA,GUY 342161 24- Nov -2010 TRAVEUMILEAGE 50.50 PRAXAIR 341950 17- Nov -2010 FUEL 578.19 PRAXAIR 342162 24- Nov -2010 MATERIALS 861.66 PREMIER ELECTION SOLUTIONS 341115 27- Oct -2010 CONTRACT SERVICES - AVOS AND , 4,570.85 PREMIER ELECTION SOLUTIONS US DRAFT 01- Nov -2010 EQUIPMENT 550.00 PREMIER ELECTION SOLUTIONS US DRAFT 17- Nov -2010 EQUIPMENT 5,760.14 PRENC,ANTON 342163 24- Nov -2010 REFUND 224.39 PREST,ROBERT NORMAN 342164 24- Nov -2010 REFUND 3,460.30 PROPERTY MAINTENANCE BY PARISI LTD. 341116 27- Oct -2010 CONTRACT SERVICES 4,181.00 PROTEL ALARM & SIGNAL 341802 10- Nov -2010 MAINTENANCE /REPAIRS 468.95 PROVENZANO,VITTORIO 342165 24- Nov -2010 REFUND 150.00 PROVINCIAL MAINTENANCE 341951 17- Nov -2010 CONTRACT SERVICES 67,315.57 PUBLIC SERVICES HEALTH & SAFETY ASSOCIATION 342166 24- Nov -2010 MATERIALS 423.75 PUGLIESE,MARK 341584 05- Nov -2010 ADMINISTRATIVE 225.00 PULLANO,MIKE 341803 10- Nov -2010 REFUND SFTY BOOTS 150.00 PURE WATER 341469 03- Nov -2010 MATERIALS 23.00 PURE WATER 341952 17- Nov -2010 MATERIALS 30.00 PUROLATOR COURIER 341470 03- Nov -2010 COURIER 76.07 PUROLATOR COURIER 341804 10- Nov -2010 COURIER 73.87 PUTNEY,KIM 341585 05- Nov -2010 ADMINISTRATIVE 200.00 PUTT,WENDY 341586 05- Nov -2010 ADMINISTRATIVE 200.00 PUTTICK,NORMAN 341471 03- Nov -2010 REFUND 100.00 PYSHER,BOB 341587 05- Nov -2010 ADMINISTRATIVE 175.00 QUARANTA,PAUL 341472 03- Nov -2010 REFUND 100.00 R W HAMILTON LTD 341128 27- Oct -2010 MATERIALS 93.10 R.J. MCCARTHY LIMITED PARTNERSHIP 341123 27- Oct -2010 MATERIALS 217.53 RACINE,LORRAINE 341588 05- Nov -2010 ADMINISTRATIVE 400.00 RADICE,SEBASTIAN& RADICE, ANTOINETTA 341473 03- Nov -2010 REFUND PROP TAX OVERPYMT 199.67 RAHMER,JUNE 341589 05- Nov -2010 ADMINISTRATIVE 175.00 RAHMER,PETER 341590 05- Nov -2010 ADMINISTRATIVE 175.00 RAIMONDO & ASSOCIATES ARCHITECTS INC 341474 03- Nov -2010 CONSULTING SERVICES 4,990.59 RAIMONDO & ASSOCIATES ARCHITECTS INC 341805 10- Nov -2010 CONTRACT SERVICES 1,130.00 RAM'D AIR GEAR DRYER LTD 342167 24- Nov -2010 MATERIALS 5,458.95 RANI,TRIPTA 341591 05- Nov -2010 ADMINISTRATIVE 50.00 RANKIN CONSTRUCTION INC 341117 27- Oct -2010 MATERIALS - CREDIT FOR INV #185! 8,976.25 RANKIN CONSTRUCTION INC 342000 18- Nov -2010 CONTRACT SERVICES 417,734.71 RANKIN CONSTRUCTION INC 342168 24- Nov -2010 MATERIALS 2,647.67 Page 13 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount RASHID,ALINA 341592 05- Nov -2010 ADMINISTRATIVE 175.00 RAY JAMES APPLIANCES 342169 24- Nov -2010 MATERIALS 902.87 RBC 341118 27- Oct -2010 REFUND - R.QURESHI 62 RBC LIFE INSURANCE COMPANY 341475 03- Nov -2010 REMITTANCE 1,430.42 READ SAWCUTTING & CORING INC. 341119 27- Oct -2010 CONTRACT SERVICES 339.00 RECEIVER GENERAL 341120 27- Oct -2010 PAYROLL REMITTANCE 250.00 RECEIVER GENERAL 341121 27- Oct -2010 PAYROLL REMITTANCE 376,300.92 RECEIVER GENERAL 341806 10- Nov -2010 PAYROLL REMITTANCE 361,587.63 RECEIVER GENERAL 341807 10- Nov -2010 PAYROLL REMITTANCE 250.00 RECEIVER GENERAL 342170 24- Nov -2010 PAYROLL REMITTANCE 341,725.86 RECEIVER GENERAL 342171 24- Nov -2010 PAYROLL REMITTANCE 250.00 REED,ROSE MARIE 341593 05- Nov -2010 ADMINISTRATIVE 450.00 REGIONAL MUNICIPALITY OF NIAGARA WIRE 01- Nov -2010 SEPT WATER 1,933,898.02 REGIONAL MUNICIPALITY OF NIAGARA WIRE 26- Oct -2010 DEBENTURE 100 -2001 305,900.82 REGIONAL MUNICIPALITY OF NIAGARA WIRE 26- Oct -2010 DEBENTURE 100 -2001 18,705.80 REGIONAL MUNICIPALITY OF NIAGARA WIRE 05- Nov -2010 4TH QUARTER WASTE 1,659,895.09 REGIONAL MUNICIPALITY OF NIAGARA WIRE 05- Nov -2010 COMMERCIAL COLLECTIONS 10,565.50 REGIONAL MUNICIPALITY OF NIAGARA WIRE 26- Oct -2010 DEVEL CHARGES JUL -AUG -SEPT 977,765.31 REGIONAL MUNICIPALITY OF NIAGARA 341122 27- Oct -2010 MATERIALS 6,871.21 REGIONAL MUNICIPALITY OF NIAGARA 341808 10- Nov -2010 CONTRACT SERVICES - SEPT 10 SI( 13,131.79 REGIONAL MUNICIPALITY OF NIAGARA 341954 17- Nov -2010 CONTRACT SERVICES 11,675.56 REGIONAL MUNICIPALITY OF NIAGARA 342172 24- Nov -2010 MATERIALS 4,410.17 REGIONAL NIAGARA FIRE BUFFS 341477 03- Nov -2010 MATERIALS 640.20 RESQTECH SYSTEMS INC 342173 24- Nov -2010 MATERIALS 233.63 RICHARD,MARY 341594 05- Nov -2010 ADMINISTRATIVE 175.00 RICHARDS,RANDY 341595 05- Nov -2010 ADMINISTRATIVE 100.00 RICHARDSON,MARK 341809 10- Nov -2010 TRAVEUMILEAGE 162.00 RIPLEY,JOHN 342174 24- Nov -2010 MAINTENANCE /REPAIRS 158.20 RIVER REALTY DEVELOPMENT (1976) INC 341810 10- Nov -2010 CONTRACT SERVICES 16,013.00 ROADSIDE RENTALS INC 341478 03- Nov -2010 CONTRACT SERVICES 141.25 RODGERS,SHELDON HENRY 342175 24- Nov -2010 REFUND 750.00 RODRIQUE,DANIEL 341479 03- Nov -2010 REFUND 100.00 ROGERS,DAVID (BUCK) 341597 05- Nov -2010 ADMINISTRATIVE 75.00 ROGERS WIRELESS INC 341124 27- Oct -2010 SERVICES 1,065.67 ROGERS WIRELESS INC 341955 17- Nov -2010 SERVICES 1,053.13 ROGERS WIRELESS INC 342176 24- Nov -2010 SERVICES 1,540.29 RONA FARR LUMBER LTD 341125 27- Oct -2010 MATERIALS 22.59 RONA FARR LUMBER LTD 341956 17- Nov -2010 MATERIALS 90.82 RONALD C. ELLENS APPRAISALS INC 341811 10- Nov -2010 CONSULTING SERVICES 4,363.50 ROSSI,DIANE 341598 05- Nov -2010 ADMINISTRATIVE 225.00 ROYAL LANDSCAPING NIAGARA LTD 341126 27- Oct -2010 CONTRACT SERVICES 583.08 RUDDY,MARJORIE 341599 05- Nov -2010 ADMINISTRATIVE 175.00 RUDY SAURO 341127 27- Oct -2010 MATERIALS 550.50 RUTTAN,MONICA 341600 05- Nov -2010 ADMINISTRATIVE 50.00 RWT RENOVATIONS 342177 24- Nov -2010 REFUND 750.00 SACCO,DOLORES 341480 03- Nov -2010 TRAVEUMILEAGE 100.00 SACCO,DOLORES 341601 05- Nov -2010 ADMINISTRATIVE 400.00 SACCO,DOLORES 341812 10- Nov -2010 PETTY CASH 514.82 SAFEDESIGN APPAREL LTD 342178 24- Nov -2010 MATERIALS 337.17 SAFETY -KLEEN CANADA INC. 341813 10- Nov -2010 MATERIALS 5,062.40 SAFETY -KLEEN CANADA INC. OIL DIVISION 341957 17- Nov -2010 MATERIALS 154.15 SALCI,TED 341481 03- Nov -2010 REFUND 200.00 SANDERCOCK,LINDSAY 341604 05- Nov -2010 ADMINISTRATIVE 175.00 SANDULEAC,SHIRLEY 341602 05- Nov -2010 ADMINISTRATIVE 450.00 SANI GEAR FIRE 341129 27- Oct -2010 CONTRACT SERVICES 1,062.35 SANI GEAR FIRE 341958 17- Nov -2010 SERVICES 1,806.74 SANTIN & SONS CONST 341959 17- Nov -2010 REFUND 750.00 SANTOS,EDITHA A 341603 05- Nov -2010 ADMINISTRATIVE 200.00 SARGESON,MARK 341606 05- Nov -2010 ADMINISTRATIVE 175.00 SAVOIE,LISA 341482 03- Nov -2010 REFUND 102.93 SCALETTA,JEAN 341608 05- Nov -2010 ADMINISTRATIVE 50.00 SCALZO,JAMES 341607 05- Nov -2010 ADMINISTRATIVE 175.00 SCHINDLER ELEVATOR CORPORATION C/O T52649 341483 03- Nov -2010 CONTRACT SERVICES 776.88 SCHUG,BARBARA 341611 05- Nov -2010 ADMINISTRATIVE 175.00 SCHWARTZ,CHERYL 341609 05- Nov -2010 ADMINISTRATIVE 200.00 SCHWARTZ,IRA 341610 05- Nov -2010 ADMINISTRATIVE 200.00 SCOTIABANK VISA PURCHASE CARD 341878 17- Nov -2010 MATERIALS 210,822.78 SCOTTS TRAILER PARK 341960 17- Nov -2010 REFUND 750.00 SEGATO,DONNA 341612 05- Nov -2010 ADMINISTRATIVE 175.00 SEITL,DAVE 341613 05- Nov -2010 ADMINISTRATIVE 50.00 SEKULIC,MARY 341614 05- Nov -2010 ADMINISTRATIVE 200.00 SEMACH,NANCY 341615 05- Nov -2010 ADMINISTRATIVE 75.00 SEMACH,NANCY 342180 24- Nov -2010 REFUND 146.89 SENECA COLLEGE 341130 27- Oct -2010 SERVICES 8,520.20 Page 14 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount SENIOR,MERVYN 341484 03- Nov -2010 REFUND 100.00 SENTINEAL CARRIAGES INC 341961 17- Nov -2010 REMITTANCE 762.75 SERIANNI CONSTRUCTION LTD 341814 10- Nov -2010 CONTRACT SERVICES 33,613.13 SERVICEMASTER CLEAN OF NIAGARA 341131 27- Oct -2010 CONTRACT SERVICES 1,455.42 SERVICEMASTER CLEAN OF NIAGARA 341815 10- Nov -2010 CONTRACT SERVICES 130.52 SERVICEMASTER CLEAN OF NIAGARA 342181 24- Nov -2010 SERVICES 1,768.29 SETHI,JYOTI 341616 05- Nov -2010 ADMINISTRATIVE 200.00 SETHI,VARSHA 341845 10- Nov -2010 ADMINISTRATIVE 200.00 SEYMOUR,GARETH 341617 05- Nov -2010 ADMINISTRATIVE 200.00 SHAHANI,VEENA 341485 03- Nov -2010 REFUND 100.00 SHANAHAN,MARY -ANNE 341619 05- Nov -2010 ADMINISTRATIVE 175,00 SHANTZ,RAQUEL 341620 05- Nov -2010 ADMINISTRATIVE 175.00 SHAPTON,MARLENE 341618 05- Nov -2010 ADMINISTRATIVE 200.00 SHEEHAN ARBITRATION MEDIATION SERVICES 341962 17- Nov -2010 CONSULTING SERVICES 717.37 SHEREMETTA,MARCY 341621 05- Nov -2010 ADMINISTRATIVE 175.00 SHERGILL,JARNAIL& SHERGILL, SAWARN 342182 24- Nov -2010 REFUND 1,024.67 SHERRARD KUZZ 341132 27 -Oct -2010 CONSULTING SERVICES 742.72 SHERRARD KUZZ 342183 24- Nov -2010 CONSULTING SERVICES 7,124.78 SHRED IT KITCHENER 341963 17- Nov -2010 SERVICES 82.52 SHRINER'S CREEK COOPERATIVE HOMES INC 341486 03- Nov -2010 REMITTANCE 120.00 SIGNATURE SIGNS 341817 10- Nov -2010 MATERIALS 542.40 SIGNATURE SIGNS 341964 17- Nov -2010 MATERIALS 1,706.30 SIGNATURE SIGNS 341999 17- Nov -2010 REFUND SNA- 2010 -0037 59.22 SIGNATURE SIGNS 342184 24- Nov -2010 MATERIALS 1,243.00 SIMPLEX GRINNELL 341818 10- Nov -2010 MAINTENANCE/REPAIRS 242.55 SIMPLISTIC LINES INC 341133 27- Oct -2010 MATERIALS 3,548.36 SINCLAIR,KATHLEEN 341622 05- Nov -2010 ADMINISTRATIVE 175.00 SINCLAIR,WALLIS 341623 05- Nov -2010 ADMINISTRATIVE 175.00 SKALDE,DOROTHY 341624 05- Nov -2010 ADMINISTRATIVE 175.00 SLAVIC EVANGELICAL BAPTIS CHURCH OF ST CATHARINES 341487 03- Nov -2010 REMITTANCE 120.00 SLEE,CATHY 341625 05- Nov -2010 ADMINISTRATIVE 175.00 SLINN,MARK 341626 05- Nov -2010 ADMINISTRATIVE 75.00 SMITH,EILEEN 341627 05- Nov -2010 ADMINISTRATIVE 175.00 SOBOL,MARY 341819 10- Nov -2010 REFUND TAX OVERPYMT 392.16 SOLYK,LYNDA 341628 05- Nov -2010 ADMINISTRATIVE 175.00 ST ANDREWS UNITED CHURCH 341488 03- Nov -2010 REMITTANCE 120.00 ST ANN'S ROMAN CATHOLIC CHURCH 341490 03- Nov -2010 REMITTANCE 120.00 ST JOHN AMBULANCE 341969 17- Nov -2010 REMITTANCE 50.00 ST JOHN THE EVANGELIST CHURCH 341492 03- Nov -2010 REMITTANCE 120.00 ST MARY'S UKRANIAN CATHOLIC CHURCH 341493 03- Nov -2010 REMITTANCE 120.00 ST MICHAEL SECONDARY SCHOOL 342186 24- Nov -2010 REMITTANCE 120.00 ST. CATHARINES FREIGHTLINER TRUCK & TRACTOR 341966 17- Nov -2010 MATERIALS 59.33 STAMFORD HOME HARDWARE 341965 17- Nov -2010 MATERIALS 20.33 STANCHIONS PLUS 341134 27- Oct -2010 MATERIALS 481.38 STANKOVIC - ZUBIC,ZELJKA 341489 03- Nov -2010 REFUND 100.00 STAPLES US DRAFT 23- Nov -2010 CONVENTION CENTRE EQUIPMENT 66,148.23 STATES,WAYNE 341629 05- Nov -2010 ADMINISTRATIVE 50.00 STEAD,PETER 341633 05- Nov -2010 ADMINISTRATIVE 200.00 STEAD,SUSAN 341634 05- Nov -2010 ADMINISTRATIVE 175.00 STEPHENS,WILLIAM 341635 05- Nov -2010 ADMINISTRATIVE 175.00 STEVENSVILLE LAWN SERVICE INC 341491 03- Nov -2010 CONTRACT SERVICES 11,560.63 STEVENSVILLE LAWN SERVICE INC 341967 17- Nov -2010 CONTRACT SERVICES 5,896.90 STEWARD,JOHN 341631 05- Nov -2010 ADMINISTRATIVE 425.00 STEWART,COLIN 341630 05- Nov -2010 ADMINISTRATIVE 950.00 STEWART,KATHRYN 341632 05- Nov -2010 ADMINISTRATIVE 175.00 STITCH IT CANADA'S TAILOR 341968 17- Nov -2010 SERVICES 58.62 STITCH IT CANADA'S TAILOR 342185 24- Nov -2010 SERVICES 292.84 STOKES INTERNATIONAL 341494 03- Nov -2010 MATERIALS 2,626.12 STORAGE NIAGARA 341135 27- Oct -2010 LEASES AND RENTS 468.95 STORAGE NIAGARA 342187 24- Nov -2010 SERVICES 384.20 STORJOHANN,DEBORAH 341636 05- Nov -2010 ADMINISTRATIVE 175.00 STRANGES,LOU 341136 27- Oct -2010 TRAVEL/MILEAGE 192.00 STREAMLINE 341495 03- Nov -2010 MAINTENANCE/REPAIRS 175.15 STRIK,HARRY 341637 05- Nov -2010 ADMINISTRATIVE 175.00 STRONGCO EQUIPMENT 341496 03- Nov -2010 MATERIALS 222.24 STRONGCO EQUIPMENT 341820 10- Nov -2010 MATERIALS 322.05 STRONGCO EQUIPMENT 341970 17- Nov -2010 MATERIALS 3,205.60 STUART,DAVE 341137 27- Oct -2010 PETTY CASH 498.53 STURGEON,WENDY 341638 05- Nov -2010 ADMINISTRATIVE 200.00 SULLIVAN MAHONEY 341138 27- Oct -2010 CONTRACT SERVICES 6,952.77 SULLIVAN MAHONEY 342188 24- Nov -2010 CONSULTING SERVICES 6,012.88 SUN BADGE COMPANY US DRAFT 22- Oct -2010 MATERIALS 392.50 SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO 341972 17- Nov -2010 ADMINISTRATIVE 590.59 SUNCOR ENERGY PRODUCTS INC 341139 27- Oct -2010 FUEL 1,652.61 Page 15 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount SUNCOR ENERGY PRODUCTS INC 342001 18- Nov -2010 FUEL 500.13 SUPERIOR BLEND COFFEE LTD 341822 10- Nov -2010 MATERIALS 1,283.70 SUPERIOR PROPANE INC 341821 10- Nov -2010 FUEL 661.10 SUTHERLAND,DONNA 341639 05- Nov -2010 ADMINISTRATIVE 175.00 TAB 341140 27- Oct -2010 MATERIALS 189.17 TAIT,CINDY 342189 24- Nov -2010 REFUND 100.00 TALARIS CANADA INC 341141 27- Oct -2010 MATERIALS 24.82 TALARIS CANADA INC 341974 17- Nov -2010 MAINTENANCE/REPAIRS 203.40 TALK WIRELESS INC 341142 27- Oct -2010 SERVICES 338.83 TALK WIRELESS INC 341975 17- Nov -2010 SERVICES 50.85 TALK WIRELESS INC 342190 24- Nov -2010 SERVICES 122.04 TAYLOR,GERALD 341640 05- Nov -2010 ADMINISTRATIVE 200.00 TAYLOR,JANET 341641 05- Nov -2010 ADMINISTRATIVE 200.00 TAYLORS WATER SERVICE 341823 10- Nov -2010 MATERIALS 60.00 TECHNICAL STANDARDS & SAFETY AUTHORITY 341143 27- Oct -2010 ADMINISTRATIVE - ELEVATING DEVI 100.00 TECHNICAL STANDARDS & SAFETY AUTHORITY 341824 10- Nov -2010 MATERIALS 3,242.95 TELUS COMMUNICATIONS COMPANY 341498 03- Nov -2010 SERVICES 796.65 TELUS COMMUNICATIONS COMPANY 341827 10- Nov -2010 SERVICES 1,350.12 TELUS COMMUNICATIONS COMPANY 342192 24- Nov -2010 SERVICES 240.13 TELUS INTEGRATED COMMUNICATIONS 341144 27- Oct -2010 SERVICES 2,340.72 TELUS INTEGRATED COMMUNICATIONS 341976 17- Nov -2010 SERVICES 2,169.59 TELUS MOBILITY 341145 27- Oct -2010 MATERIALS 257.62 TELUS MOBILITY 341497 03- Nov -2010 SERVICES 451.98 TELUS MOBILITY 341825 10- Nov -2010 SERVICES 180.78 TELUS MOBILITY 341826 10- Nov -2010 SERVICES 5,838.70 TELUS MOBILITY 341977 17- Nov -2010 SERVICES 63.26 TELUS MOBILITY 341978 17- Nov -2010 SERVICES 3,168.70 TELUS MOBILITY 342191 24- Nov -2010 SERVICES 1,534.91 TERANET INC 341499 03- Nov -2010 ADMINISTRATIVE 10,000.00 TERRYBERRY,LEONA 341642 05- Nov -2010 ADMINISTRATIVE 200.00 THE GREENFIELD GROUP LTD 341979 17- Nov -2010 SERVICES 1,728.90 THE NIAGARA 341500 03- Nov -2010 SERVICES 226.00 THE PRINTING HOUSE LTD 341829 10- Nov -2010 MATERIALS 129.95 THE PRINTING HOUSE LTD 341980 17- Nov -2010 MATERIALS 249.73 THE TRAP DOC INC. 341150 27- Oct -2010 CONTRACT SERVICES 157.30 THISTLEWAITE YARDWORKS 341981 17- Nov -2010 MAINTENANCE/REPAIRS 694.11 THISTLEWAITE YARDWORKS 342193 24- Nov -2010 MAINTENANCE /REPAIRS 429.07 THOMAS - CLAPP,SUE 341645 05- Nov -2010 ADMINISTRATIVE 75.00 THOMPSON,ALMERINDA (EMILY) 341643 05- Nov -2010 ADMINISTRATIVE 200.00 THOMPSON,LAWRENCE (LARRY) 341644 05- Nov -2010 ADMINISTRATIVE 200.00 THOMSON,WAYNE 341501 03- Nov -2010 REFUND 100.00 THWAITES,LINDA 341646 05- Nov -2010 ADMINISTRATIVE 200.00 TICE,ROBIN 341647 05- Nov -2010 ADMINISTRATIVE 175.00 TICE,SARAH 341596 05- Nov -2010 ADMINISTRATIVE 200.00 TICKU,SARGOGNI 341648 05- Nov -2010 ADMINISTRATIVE 200.00 TIFFIN,DENISE 341649 05- Nov -2010 ADMINISTRATIVE 175.00 TIM HORTONS STORE #30 341502 03- Nov -2010 MATERIALS 81.48 TIM HORTONS STORE #30 341982 17- Nov -2010 MATERIALS 60.85 TONG,SI -KI 341983 17- Nov -2010 REFUND 135.41 TOROMONT 341830 10- Nov -2010 MAINTENANCE /REPAIRS 4,408.75 TOROMONT 341984 17- Nov -2010 MAINTENANCE/REPAIRS 746.78 TOROMONT 342194 24- Nov -2010 MAINTENANCE/REPAIRS 2,431.76 TOSSOUNIAN,JEANETTE 341503 03- Nov -2010 REFUND 100.00 TOTH,STEPHEN 341650 05- Nov -2010 ADMINISTRATIVE 175.00 TOTH,STEVE 341831 10- Nov -2010 TRAVEUMILEAGE 250.50 TOUCHSTONE SITE CONTRACTORS 341148 27- Oct -2010 CONTRACT SERVICES 10,500.00 TRANSAXLE PARTS (HAMILTON) INC. 341149 27- Oct -2010 STORES /INVENTORY 47.88 TRANSAXLE PARTS (HAMILTON) INC. 341504 03- Nov -2010 MATERIALS 323.02 TRANSAXLE PARTS (HAMILTON) INC. 341832 10- Nov -2010 MAINTENANCE/REPAIRS 16.61 TRANSAXLE PARTS (HAMILTON) INC. 341985 17- Nov -2010 MATERIALS 771.63 TRANSAXLE PARTS (HAMILTON) INC. 342195 24- Nov -2010 MATERIALS 383.67 TREDWELL,DEBORAH MARGO 341505 03- Nov -2010 REFUND 100.00 TRENDLE,BEN 341652 05- Nov -2010 ADMINISTRATIVE 75.00 TRENTON,ALLAN 341651 05- Nov -2010 ADMINISTRATIVE 200.00 TRILENNIUM PROMOTIONAL PRODUCTS CORP. 342197 24- Nov -2010 MATERIALS 636.64 TURF CARE PRODUCTS CANADA LIMITED 341506 03- Nov -2010 MATERIALS 268.68 TWARDAWSKY,NICK 341507 03- Nov -2010 TRAVEUMILEAGE 55.50 UPPER CANADA CONSULTANTS 341508 03- Nov -2010 CONTRACT SERVICES 969.77 UPPER CANADA CONSULTANTS 341987 17- Nov -2010 CONTRACT SERVICES 7,556.88 URBAN & ENVIRONMENTAL MANAGEMENT INC 341509 03- Nov -2010 CONTRACT SERVICES 15,203.06 V GIBBONS CONTRACTING LTD 341511 03- Nov -2010 CONTRACT SERVICES 1,779.75 V GIBBONS CONTRACTING LTD 341833 10- Nov -2010 CONTRACT SERVICES 5,250.00 VADIM COMPUTER MANAGEMENT GROUP LTD 342198 24- Nov -2010 SERVICES 5,440.22 VAIL,TIM 341510 03- Nov -2010 TRAVEUMILEAGE 45.00 Page 16 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount VALLEY WAY NON - PROFIT HOUSING CORPORATION 342199 24- Nov -2010 REFUND 4,872.65 VALLO,GEORGE 341653 05- Nov -2010 ADMINISTRATIVE 200.00 VAN ALSTINE,DON 341654 05- Nov -2010 ADMINISTRATIVE 200.00 VAN ALSTINE,SALLY 341655 05- Nov -2010 ADMINISTRATIVE 200.00 VANCOR SUPPLY 341151 27- Oct -2010 MATERIALS 1,918.74 VANHELSDINGEN,CATHARINE 341656 05- Nov -2010 ADMINISTRATIVE 175.00 VIKING LIVES LTD 341152 27- Oct -2010 MATERIALS 1,725.48 VIKING LIVES LTD 341512 03- Nov -2010 MATERIALS 6,564.08 VILLAMIL,BERNARDO 341658 05- Nov -2010 ADMINISTRATIVE 200.00 VILLAMIL,SALVACIAN 341660 05- Nov -2010 ADMINISTRATIVE 200.00 VILLENEUVE,ANDREW 341657 05- Nov -2010 ADMINISTRATIVE 225.00 VILLENEUVE,DANA 341659 05- Nov -2010 ADMINISTRATIVE 225.00 VINCENT,CAROL (LYNNE) 341661 05- Nov -2010 ADMINISTRATIVE 200.00 VINCENT,DAVID 341662 05- Nov -2010 ADMINISTRATIVE 200.00 VINEY,DIANE 341663 05- Nov -2010 ADMINISTRATIVE 200.00 VINEY,MEGAN 341664 05- Nov -2010 ADMINISTRATIVE 175.00 VISCHER,MATTHEW 341666 05- Nov -2010 ADMINISTRATIVE 175.00 VISENTIN,GLORIA 341665 05- Nov -2010 ADMINISTRATIVE 450.00 VOLPATTI,SELINA 341513 03- Nov -2010 REFUND 100.00 VOLPINI,MICHAEL 341667 05- Nov -2010 ADMINISTRATIVE 200.00 WALES,NANCY 341670 05- Nov -2010 ADMINISTRATIVE 200.00 WALES,VERNON 341668 05- Nov -2010 ADMINISTRATIVE 175.00 WALK ON DUST CONTROL 341155 27- Oct -2010 MATERIALS 346.11 WALK ON DUST CONTROL 341835 10- Nov -2010 SERVICES 90.29 WALK ON DUST CONTROL 341990 17- Nov -2010 SERVICES 209.40 WALK ON DUST CONTROL 342200 24- Nov -2010 SERVICES 126.67 WALKER AGGREGATES INC 341154 27- Oct -2010 MATERIALS 119.53 WALKER AGGREGATES INC 341514 03- Nov -2010 MATERIALS 1,481.47 WALKER AGGREGATES INC 341834 10- Nov -2010 MATERIALS 194.41 WALKER AGGREGATES INC 341989 17- Nov -2010 MATERIALS 3,786.29 WALLACE WIRELESS 342201 24- Nov -2010 SERVICES 5,635.88 WALLER,KATHLEEN 341669 05- Nov -2010 ADMINISTRATIVE 175.00 WALSH,DONALD 341671 05- Nov -2010 ADMINISTRATIVE 50.00 WARCHALA,MICHAEL 341515 03- Nov -2010 TRAVEUMILEAGE 200.50 WARDEN,SUZANNE 341672 05- Nov -2010 ADMINISTRATIVE 175.00 WASTE MANAGEMENT 341156 27- Oct -2010 CONTRACT SERVICES 99.93 WATERLOO REGION SMALL BUSINESS CENTRE 341991 17- Nov -2010 ADMINISTRATIVE 113.00 WATERS, BETTY ANN 341673 05- Nov -2010 ADMINISTRATIVE 200.00 WATERS,MICHAEL 341674 05- Nov -2010 ADMINISTRATIVE 175.00 WATERS,RON 341836 10- Nov -2010 TRAVEUMILEAGE 367.00 WE BUY GOLD 342203 24- Nov -2010 REFUND 5,860.81 WEAVER,LORRAINE 341675 05- Nov -2010 ADMINISTRATIVE 175.00 WEBSTER,SHELLIE 341676 05- Nov -2010 ADMINISTRATIVE 200.00 WEBSTER,TOM 341677 05- Nov -2010 ADMINISTRATIVE 175.00 WEIMA,DANAKA 341678 05- Nov -2010 ADMINISTRATIVE 75.00 WELDDARE METAL WORKS LTD 341837 10- Nov -2010 MATERIALS 1,197.80 WELSH,ERMINIA& WELSH, REX JUAN 342204 24- Nov -2010 REFUND 290.70 WESCO DISTRIBUTION CANADA INC 342205 24- Nov -2010 MATERIALS 751.50 WESTBURNE RUDDY ELECTRIC 342206 24- Nov -2010 MATERIALS 1,435.10 WESTWATER,BARBARA 341679 05- Nov -2010 ADMINISTRATIVE 175.00 WHEELER,SUE 341157 27- Oct -2010 MATERIALS - SAFETY FENCE 76.77 WHEELER,SUE 341838 10- Nov -2010 TRAVEUMILEAGE 90.00 WHITE,CHERYLANN 342207 24- Nov -2010 REFUND 100.00 WHITE,PATRICK 341516 03- Nov -2010 TRAVEUMILEAGE 45.00 WICKS,PHILIP 342208 24- Nov -2010 REFUND 85.00 WILLIAMS,ROGER 341680 05- Nov -2010 ADMINISTRATIVE 175.00 WILLOUGHBY VOLUNTEER FIREFIGHTERS ASSOCIATION 341517 03- Nov -2010 REMITTANCE 120.00 WILLOWBROOK NURSERIES INC 341158 27- Oct -2010 MATERIALS 220.35 WILSON,HEATHER 341681 05- Nov -2010 ADMINISTRATIVE 175.00 WINDSOR,KEVIN 341682 05- Nov -2010 ADMINISTRATIVE 75.00 WING,JANICE GAYLE 341518 03- Nov -2010 REFUND 100.00 WINGER,TERRI 341159 27- Oct -2010 CONTRACT SERVICES 65.00 WOLFE,PAUL RONALD 342209 24- Nov -2010 REFUND 750.00 WONG,AMANDA 341683 05- Nov -2010 ADMINISTRATIVE 175.00 WOODRUFF,MARILYN 341685 05- Nov -2010 ADMINISTRATIVE 900.00 WOODRUFF,RICK 341684 05- Nov -2010 ADMINISTRATIVE 900.00 WORK EQUIPMENT LTD 341160 27- Oct -2010 MATERIALS 76.33 WORK EQUIPMENT LTD 341994 17- Nov -2010 MATERIALS 2,406.59 WORTEL,LAURA 341686 05- Nov -2010 ADMINISTRATIVE 175.00 WSIB 341839 10- Nov -2010 ADMINISTRATIVE 2,143.12 WSIB 341840 10- Nov -2010 PAYROLL REMITTANCE 599.75 WSIB 341841 10- Nov -2010 PAYROLL REMITTANCE 77.23 WSIB 342210 24- Nov -2010 REMITTANCE 18,515.98 WYLIE,BRENDA 341519 03- Nov -2010 PETTY CASH 637.46 Page 17 of 17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount XEROX CANADA LTD 342211 24- Nov -2010 MATERIALS 2,534.59 YANAVIRIYAJAN,PHRA 342212 24- Nov -2010 REFUND 1,283.33 YARNELL OVERHEAD DOORS LTD 341161 27- Oct -2010 MATERIALS 137.30 YARNELL OVERHEAD DOORS LTD 341520 03- Nov -2010 MAINTENANCE/REPAIRS 12,930.42 YARNELL OVERHEAD DOORS LTD 341842 10- Nov -2010 MAINTENANCE/REPAIRS 103.96 YARNELL OVERHEAD DOORS LTD 341995 17- Nov -2010 MATERIALS 234.75 YELLOW PAGES GROUP 341843 10- Nov -2010 SUBSCRIPTION 52.03 YMCA 341162 27 -Oct -2010 UTILITIES - 20% OF HEATING COST; 4,293.65 YMCA 341522 03- Nov -2010 SERVICES -20% MTC 1,622.46 YMCA 341996 17- Nov -2010 MAINTENANCE/REPAIRS 4,551.62 YMCA 342213 24- Nov -2010 SERVICES 9,369.62 YOUNG,DEBRA 341687 05- Nov -2010 ADMINISTRATIVE 200.00 YOUNG,MAUREEN 341523 03- Nov -2010 REFUND 100.00 YOUNG,WILLIAM 341688 05- Nov -2010 ADMINISTRATIVE 200.00 YOUNG SOD FARMS LTD 341163 27- Oct -2010 MATERIALS 270.84 YOUNG SOD FARMS LTD 341524 03- Nov -2010 MATERIALS 1,520.79 YOUNG SOD FARMS LTD 341844 10- Nov -2010 MATERIALS 389.32 YOUNG SOD FARMS LTD 341997 17- Nov -2010 MATERIALS 4,092.15 ZAMBONI COMPANY LTD 341164 27- Oct -2010 MATERIALS 1,063.56 ZAMBONI COMPANY LTD 341998 17- Nov -2010 MAINTENANCE /REPAIRS 1,364.22 Total 17,017,073.59 L- 2010 -17 Niagaraf ails December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2010 -17 Niagara Convention and Civic Centre Inc. Lease and Operating Agreement Our File No. 2006 -259 RECOMMENDATION 1. That Council approve the Lease and Operating Agreement attached to the execution by -law found in the by -laws section of this agenda; 2. That the Mayor and Clerk be authorized to execute the Lease and Operating Agreement; and 3. That Staff take whatever steps required to implement the approval and direction given in paragraphs 1 and 2 above. EXECUTIVE SUMMARY The new convention centre is nearing completion. The operation of the convention centre requires the operator to obtain a liquor licence. The operator cannot obtain a liquor licence unless it has a written form of lease confirming its right to occupy and operate the convention centre. The Lease and Operating Agreement is for nominal consideration. BACKGROUND At its meeting of September 22, 2008, Council determined that the new convention centre would be operated as a municipal capital facility. A convention centre that is operated as a municipal capital facility is owned by the municipality, but is managed by an independent operator. In the case of the Niagara Convention and Civic Centre the operator will be an Ontario corporation called Niagara Convention and Civic Centre Inc. ( "NCCC "). The sole shareholder of this corporation is the Board of Management of the Fallsview Business Improvement Area. In keeping with the business plan approved by Council, NCCC will operate the convention centre as a business. However, the operator will not pay dividends or record profits. Any operating surplus will be reinvested in the convention centre. A Lease and Operating Agreement has been prepared to achieve this goal. Imo, cv,u - L - L- 2010 -17 ANALYSIS /RATIONALE In general, the Lease and Operating Agreement establishes an arm's length relationship between the City and NCCC. This is in keeping with the business model which was presented to the Council by representatives of NCCC on March 19, 2007. The controls the City does have over the operation of the convention centre pursuant to the terms of this Lease and Operating Agreement are: 1. The Chief Administrative Officer of the City must approve of repairs to the building. 2. The City has a right to inspect the building at all times. 3. The City will have a representative on the Board of NCCC. 4. Any sublease of the building or a part thereof (for a period of 3 months or more) must be approved by the City. 5. The City will be entitled to protect its interest in any mortgage of NCCC's chattels and improvements. 6. The City has the right to re -enter upon default. 7. The Lease and Operating Agreement can be terminated in the event that NCCC: (a) amalgamates, consolidates, reorganizes or merges with another entity; (b) creates a new class of shares in itself; (c) enters in any agreement to issue any shares of any class, or any securities convertible into any shares of any class, of itself or grants any option or other right to purchase any shares or securities convertible into such shares; (d) amends the rights, restrictions or privileges of any shares or class of shares of itself; (e) disposes of or encumbers all or substantially all of its assets; (f) adopts changes to the corporate structure of itself regarding proportional representation of the members of its Board of Directors or in any way restricts the members of that Board of Directors from overseeing the operations of itself; (g) changes the number and composition of the Board of Directors of itself; (h) invests any revenue derived from the operation or existence of the convention centre or received by NCCC for the funding or the operation or design and construction of the convention centre in any venture, enterprise, business, transaction or endeavour other than the design, construction, management, maintenance or operation of the convention centre; uecemder 13, zui U - 3 - L- 2010 -17 (i) enters into any partnership, joint venture or other business venture that would involve the expenditure or investment of funds by NCCC outside the normal course of business; (j) makes loans, enters contracts or provides financial support to any person not at arm's length to any officer, director or employee of itself and any person who is a member of any Business Improvement Area that contributes to the operation and maintenance of the convention centre on terms more favourable than those available to the general public; (k) makes any one time expenditure greater than two million dollars ($2,000,000.00) (the method of calculation and estimation of the expenditure to be at the discretion of Council acting reasonably); in the absence of the express written consent of Council. 8. The rules of procedure for the board of NCCC must be approved by Council acting reasonably. FINANCIAL /STAFFING /LEGAL IMPLICATIONS As the convention centre will be operated by NCCC, the Lease and Operating Agreement will not require any increase in the complement of City Staff. The Lease and Operating Agreement enables NCCC to manage the day to day operations of the convention centre like a business, while reserving to the City certain rights to protect its interest in the convention centre. CITY'S STRATEGIC COMMITMENT One of Council's Business Development commitments is to strengthen and promote economic development in the City. Towards this end, a key goal for the City has been to establish a year round tourism destination. The convention centre will provide one such destination and, once fully established, is projected to generate approximately ninety three million dollars ($93,000,000.00) in new expenditures annually. Recommended by: / eli1� ate. Ken Beaman, City Sol'citor Respectfully submitted: Kel Todd, Chief Administrative Officer KB PD- 2010 -93 Niagara,Falls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -93 Telecommunication Facility Consultation 6700 Morrison Street Labreche Patterson & Associates on Behalf of Rogers Communications Inc. RECOMMENDATION It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 30 metre flag pole style telecommunication tower and equipment cabinet on the lands at 6700 Morrison Street subject to the conditions of fencing around the base and that the actual flag be flown and maintained in good condition. EXECUTIVE SUMMARY The proposal to erect a 30 metre flag pole style telecommunication tower at 6700 Morrison Street can be supported based on the following: • the proposal is within a commercial /industrial area; and • the flag pole design will blend into the area and avoid the sense of the overcrowding of towers. BACKGROUND Proposal Rogers Communications Inc. (Rogers) has requested a telecommunication facility at 6700 Morrison Street to improve their wireless voice and data services within the area of Drummond to Dorchester Roads and Thorold Stone Road south to Highway 420. The proposed facility would be located on the south side of Morrison Street on lands south of the parking lot for the small commercial /industrial mall existing on the property (see Appendix 1 - Location Map). Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. December 13, 2010 - 2 - PD- 2010 -93 The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS Originally Labreche Patterson & Associates Inc., on behalf of Rogers, proposed a 30 metre tall monopole design for the telecommunication tower (Appendix 2). The consultant, as per the City's Consultation process, sent an information package and notice of the November 10, 2010 meeting to property owners within the affected area. In response to the circulation, Paletta International Corporation, who owns the former industrial building (Chef Boyardee) located to the south of the proposed installation location, submitted a request to relocate the tower on the south -west portion of 6700 Morrison Street. Rogers Communications was unable to accommodate this request based on coverage objectives. Rogers did, however, offer a redesign of the telecommunication tower from a monopole to a flag pole design to minimize the visual impact of the installation. The flag pole design allows for antennae to be placed on the inside of the pole thereby reducing the visual profile of the tower (see Appendices 3 & 4). Paletta International accepted the redesign alternative on the conditions: • fencing around the base of the tower will be privacy fencing (not chain link) • an actual flag be flown at the top of the pole (Canadian /City) and maintained and replaced as needed. The revised site plan shows a 2.4 metre high pressure treated board fence surrounded the installation compound. While the change in design will result in the loss of possible co- location options for future antennae on this installation, Planning staff find the redesign of the tower from a monopole to a flagpole based on the visibility of the tower from Morrison Street acceptable. The tower is to be setback 21.2 metres from Morrison Street and the intervening parking lot use will not provide any visual obstruction from the travelled roadway. Consequently, the flag pole design would be less intrusive to streetscape views. One member of the public attended the November 10, 2010 public information meeting and her questions, along with the Consultant's response, is attached as Appendix 5. The revised flag pole design was presented at the information meeting. Mrs. MacCarthy has informed City staff via email that she is not opposed to this installation. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. December 13, 2010 - 3 - PD- 2010 -93 LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Original flag pole design site plan drawing ► Appendix 3 - Revised flag pole design site plan drawing ► Appendix 4 - Correspondence package from Labreche Patterson & Associates Inc. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: K n Todd, Chief Administrative Officer F.Berardi:mb Attach. S: \PDR \2010 \PD - 2010 -93, Telecommunication Facility Consultation, 6700 Morrison St, Rogers Communications Inc.wpd December 13, 2010 - 4 - PD- 2010 -93 APPENDIX 1 �� f Y+ `° . a ink, v s:F L: 5 " . �} ,jam .r P ' *ipi'' f^$5 ' i a o G Is ` . 4 ,4 t tiot 1.7 --- 411 4, 410 ..erA'',...7 01 4•411111 Itr t ei ; I . ` . "rte ' - ■ 51 , VE' ti ._ .. ,e • pf1 TIT AV : m PET`tIT a 11111 y`�j f t r ,. ` ' ;' a , if � 2 . E 1 ■ lT wee f' w ' t k i 1 ° 4 a 4 , ' r i in -! : { Q � ; • 1 2 � d <4 +erg„ a j , r" F 'V iiiiii . -Atr , , . g , II �A � — rill ' s • y i p :� A• 4 • k , < � 3 * .6! .yy b p .. ^ "" 7! k •i . �Tv-r- • s ..,,,,ii. , ,, ° . lJ 1 i s �....+ 3 t ?. a °, ,+•ne..- a ♦ . 3Rr - i - DpRCHESTER RD . , • T R Rp: tX7RCHE TER RD a , , � „ ,,,f , le 54 ' AIA Vt) " , '"'v ^ A ' f i 4, ', - 1 * ' )1t. 44, ' 4 t ba. . t4 ` s� ., " ' Z ' 7' [ 1 ` ' - VII { � ` . .`� ' ' _ "' I , I 114 �, ' .�, � • ' is "'"°' R.. t w W • . :: i ..' � .�r , � , 4 7 ` sit V ii '44 '„ i it -. 11 ± rr to ' < f . l+.- l December 13, 2010 - 5 - PD- 2010 -93 APPENDIX 2 ORIGINAL SITE PLAN AND DESIGN o 111 ill!. 1.I 11 .1 11 ., I ' II = i•.1 � i ti 1 i d l 1 111 l i th I I d Vila III 1 � It � A 9Sii is 3a Cf p j s i t \ % f 3 , / %I \ 1 s ' " 1;) \ t 1' I l 1, f --.. --I ..,.- -- Ili t I I ‘+ �• by p 4I � t -\ 1 im 111 ®® i 5 ^ t _ II i ~', � 1 I Willa t a � -- III + IN I ' p a, • . j a .. & C3 II' ` / ' \ ` ' '' J �i aw. ' V o r1-• 's , r _-, � li \\ 1 I > : ._.. I d \ (Di , 1 4 V \ - -- ° \ r e• ` \ \ I Eli i � N r i . • December 13, 2010 - 6 - PD-2010-93 APPENDIX 3 REVISED POLE DESIGN ;i t,0 g I: Li 1,fili!; g § z ri , i IliIIIII h I il 1 1 I/ I .1--- ffl V 6 il I; 111111 i t R 1 • 1 III i le Oi ii vi 1 s : ' 1 111; 1 =g1 ill 1. ! l e till! mill ii 1 Iv 31 I I— M" II; i ill III i 0 IN :11 i .1 x. x li ea ..ilselie VI MI 0 i i P q • I )\ \ \ i Illh il 0; d 0 1 29 \ \ ot. Ilia - • 3: i \ s ci 1 I i 1 1 1 1 11 \ \ " I i l i 'I t it ti i 1 311-,11- IT il I l i ll I ' '... I ,, \ , \ glivgilt ! ri 0 41 \ 1 31 , , \ \\ 0 p .....f I i 1g • * V\ \ IV' ll 1 \ il ghiall ;... 1 ' • \ •I --\ \ 1)6) (111 (I) et eteD 's i z. 11 • ' i ‘ ll rm ... !--e-.– • _ ; rTh) ill . t I , 11 8 % • I t , [I if 041 i ra q' \ ■,, I l "5 q 1 .1111 h „ L lirl I ea; ' ,... I lit las i \ DA E - IN 111.o AM is i ! I r \ r3 ri----, -,„ ,.. .;„, /---- 1 I tilt\ \ i l idel C' 11 ! \ ti f i ‘ I 1 fla.tvxmt ". I n1 7 \ \ a i i ksallIfIU ..1 i 1 . 1 ( \ 1 --- ii. d \ Ili ii ' \ 1:1\ ''\ q 1 0 , 1 v- \ / q ,__ 0_ A __ \ • \ - —.4- =tor --- __ I \ 1 2, \ --co—_ __ _ December 13, 2010 - 7 - PD- 2010 -93 APPENDIX 4 o Approximate Antenna Location , ATTISON Typical Flagpole - Design e,..4 *fir aj� ■ December 13, 2010 - 8 - PD- 2010 -93 APPENDIX 5 Labreche Patterson & Associates Inc. 4 Professional Planners, Development Consultants, Project Managers VIA MAIL & EMAIL (fberardi aAniagarafalls.ca) November 15, 2010 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi, Re: Proposed Wireless Communication Installation 6700 Morrison Street, Niagara Falls, Ontario Rogers Site: C3712 — Drummond & Morrison Municipal & Public Consultation Summary and Request for Concurrence On behalf of Rogers Communications Inc. ( "Rogers "), I would like to submit a request for Statement of Concurrence concerning the proposed wireless communication installation located at 6700 Morrison Street, Niagara Falls, Ontario. I have herewith included, for your consideration a summary of the municipal and public consultation process. 1. Project Description & Proposed Location Rogers is constantly improving and expanding its wireless network's infrastructure to meet the ever - growing demand for high - quality reliable wireless voice and data services. The proposed site is required to improve our wireless voice and data services within the area near the intersection of Riverside Drive and Jefferson Boulevard. The proposed wireless communication installation consists of a 30 metre flag pole structure (revised survey attached) and equipment cabinet all within a pressure treated board fenced compound and alarm monitored. The proposed wireless communication installation will be located south -east of the intersection of Morrison Street and Dorchester Road in the City of Niagara Falls. 2. Municipal & Public Consultation Process Rogers is regulated and licensed by Industry Canada to provide national wireless communication services. As a federal undertaking, Rogers is required by Industry Canada to consult with land -use authorities in siting its locations. 330 -A1 Trillium Drive, Kitchener, Ontario N2E 3J2 • Tel: 519 - 896 -5955 • Fax:519- 896 -5355 December 13, 2010 - 9 - PD- 2010 -93 2 The consultation process established under Industry Canada's authority is intended to allow the local land -use authorities the opportunity to address land -use concerns while respecting the federal government's exclusive jurisdiction in the siting and operation of wireless voice and data systems. In accordance with the City of Niagara Falls — Procedure Consultation Process for Radio Telecommunication Facilities and Industry Canada's CPC- 2 -0 -03 requirements for public notice the attached information package was sent to property owners located within three (3) times the height of the proposed installation, a geographic radius of 90 metres. Pursuant to the same requirements, a newspaper notice, which is attached, was placed in the Niagara Falls Review on October 8, 2010. Both the information package provided to the public, and previously provided to you, and the newspaper ad detailed information of the proposed installation, location map, sample photograph of an installation similar to that of the proposal (information package only), and the opportunity to provide comments either to our office, authorized agent for Rogers on this matter or the City of Niagara Falls Planning Department. 3. Comments Received The City of Niagara Falls received no inquiries as a result of the notification. Labreche Patterson & Associates Inc. received one inquiry as a result of the notification and it is summarized below. Paletta International Corporation owns the industrial building to the south of the subject property and is planning a residential development for the subject lands. They requested that the Installation be relocated to the south -west on the property. Rogers was unable to relocate the Installation at this time however, a change in design from a monopole to a flag pole was proposed. Paletta International Corporation agreed to the change in design as did the City of Niagara Falls. We have attached a copy of all documents above mentioned as part of this document. 4. Public Information Meeting Minutes In accordance with the City of Niagara Falls — Procedure Consultation Process for Radio Telecommunication Facilities, Rogers was required to conduct a public information meeting for the proposed wireless communication installation. The following is a summary of the public information meeting held at the offices of the City of Niagara Falls on Wednesday, November 10, 2010 from 7:00 — 8:30 p.m. Attendees: Labreche Patterson & Associates Inc. 1. Victor Labreche, Senior Principal 2. Sandy Little, Planner December 13, 2010 -10 - PD- 2010 -93 3 Rogers Communications: 1. Michelle Vivar, Municipal Relations Specialist 2. Terry Daniels, Municipal Relations Specialist Members of the Public: (Sign -in record attached) 1. Judith MacCarthy Display Materials: The following is a summary of the materials that were on display at the public information meeting: • Site survey plan of the proposed site, as revised and submitted to staff; • Context aerial view (obtained from the Region of Niagara website); • Photos of similar installations to the proposed wireless communication installation; • Additional general information related to the wireless communication industry; • The public notification and public comment record for the proposed installation; • The City of Niagara Falls Procedure Consultation Process for Radio Telecommunication Facilities; and • Canadian Wireless Telecommunication Association's Brochure "Connecting Canadians: Wireless Antenna Tower Siting in Canada ". Public Comments, Questions and Rogers' Responses: One (1) member of the public attended the public information meeting. We would note that the person who attended this information meeting resides approximately 2.5 kilometres from the subject site. Below are the questions /comments raised: • What is the difference between the originally proposed monopole and the newly proposed flag pole? o There was a change in design due to comments that were raised as a result of the notification. The height of the tower will remain at 30 metres and the antennae /transmitting equipment will be installed inside the tower and therefore, not visible to the public. • Is there a concern with lightening hitting the installation? o Since the installation is grounded, there is no concern with lightening affecting the tower. • Which properties were circulated? o All properties within a radius of three times the tower height measured from the base of the installation were circulated. • When was the ad in the newspaper placed? o The ad in the Niagara Falls Review was placed on the first day that notification commenced, October 8, 2010. • Where is the closest tower to the proposed installation? December 13, 2010 -11 - PD- 2010 -93 4 o There is an installation further east along Morrison Street, on the north side of the street however, it is not a Rogers tower. The installation belongs to the City of Niagara Falls Fire Department and is 1.4 km away from the subject property. • Why is another telecommunication tower needed in the area? o Since data requires more coverage than voice, additional installations are required to fill in gaps in coverage. The network can be compared to a honey bee hive with the honeycombs representing various wireless communication installations or cells. With ever increasing demand for wireless communications, more cells need to be built/serviced to meet demand. • How far below the ground does the support for the installation extend? o It varies based on the tower itself and the soil characteristics in the area of the installation. • Does a third party inspect the installation site on a regular basis? o No, Rogers' qualified technicians are responsible for the site and are the first to respond should an alarm at the site be triggered. The alarm not only monitors the security of the compound but also that the equipment is working correctly. • What would an individual see if they were looking down at the site? o The proposed survey site plan identifies the overall layout of the tower and the compound and the associated fencing for the development. • How long will construction for this installation take? o The construction of this tower will likely take anywhere between three and six weeks. • Will the parking area of the subject property be affected by construction of the tower? o The required vehicles and equipment for construction of the installation will likely be located on the east portion of the parking area and will occupy limited spaces. • Is the industrial building to the south of the subject property currently occupied? o The building is not currently occupied. • Who is responsible for installing any proposed landscaping? o Rogers is responsible for the installation of the landscaping. • If residents have concerns with the level of radio frequency being emitted, what are their options: o Rogers Communications is required to ensure that the levels from this installation are at or below Safety Code 6. However, if individuals have concerns they can approach Industry Canada to have a third party test the installation. 5. Conclusion Rogers feels that the proposed site is well situated to provide and improve wireless voice and data services in the targeted area. The proposed site has been situated and designed to have minimal impact on surrounding land uses. December 13, 2010 -12 - PD- 2010 -93 5 At this time, Rogers Communications and Labreche Patterson & Associates Inc., as their authorized agents on this matter, respectfully request that staff at the City of Niagara Falls acknowledge the process Rogers has undertaken to date and subsequently prepare a report requesting that Council issue a Formal Statement of Concurrence. A copy of this Statement of Concurrence will be sent to Industry Canada prior to construction as they require this to confirm our compliance with the City's protocol prior to moving forward with the installation of the proposed wireless communication facility. On behalf of Rogers, we look forward to providing better wireless communication service to this area. We thank you for your attention to this request and should you have any questions or need further information, please do not hesitate to contact our office. Yours truly, Labrec e Patterson & Associates Inc. Victor Labreche, MCIP, RPP Senior Principal VL /sl Attach. Copy: Michelle Vivar, Rogers Communications (via e-mail: michelle.vivar@rcirogers.com) PD- 2010 -97 Niagaraaalls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -97 SV- 2010 -010, Sign By -law Variance Appeal Denial of Minor Variance to Sign By -law McCullough Management Inc. 3690 Portage Road RECOMMENDATION It is recommended that Council waive the appeal requirements for an electronic fascia sign at 3690 Portage Road and that staff be directed to bring a report back to the first meeting in January 2011. EXECUTIVE SUMMARY An application to vary the Sign By -law for an electronic sign was denied because it was not minor in nature. Due to a communication error, the appeal was not lodged within the prescribed period. Council has the authority to waive the requirement and allow the request to proceed to a public meeting under the Sign By -law. BACKGROUND An application was made to vary the provisions of Sign By -law No. 2008 -224, as amended, to allow an electronic fascia sign (Appendix 1 - Location Map) for McCullough Dentistry. The sign has an area of 5.02 square metres whereas the maximum size permitted is 1.80 square metres. The application was denied because it was approximately three times greater than allowed and was deemed not to be minor in nature. The applicant was notified that the decision could be appealed to City Council within 10 days of the decision. The appeal period for the decision passed before an appeal could be filed because of poor communication. The sign company has submitted a letter of appeal (Appendix 2) asking that Council grant an exception to Section 18.13 of the By -law and to consider the appeal process and the application as an amendment to the Sign By- law. Notice of an application to amend the Sign By -law must be sent out to all property owners within 120 metres of the subject property 20 days in advance of the public meeting. The requested change in sign area from 1.8 square metres to 5.02 square metres is a significant increase in size which can be processed as an amendment to the Sign By -law. The electronic fascia sign replaces two previous signs located on this facade. December 13, 2010 - 2 - PD- 2010 -97 Council has the ability to grant an exception to the appeal period established by Section 18.13 of the by -law because it is a municipal standard. Despite the passing of the appeal period, staff has been in regular communication with a representative of the sign company as to how to resolve this matter with the intent of bringing the application before City Council for a decision. Council can, by motion, grant an exception to the appeal requirement and move the application forward. A twenty day public meeting notice is required for a Sign By -law amendment. LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Letter from Signature Signs received December 1, 2010 Recommended by: / % I h\Q Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: en Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S: \PDR\2010 \PD- 2010 -97, Appeal Sign Variance, McCullough Management Inc., 3690 Portage Rd.wpd December 13, 2010 - 3 - PD- 2010 -97 APPENDIX 1 2 �° o 0 w C/3 Cu a F i ¢ < m } ° z I- u; k m 00 wF Q 0 z z o 3 a a � z co v, 0 0 0 0 - p z J I ° a I a I I § W I I `, _ I- -.... I I ~ O I J z r a ' I I m a I II N I L I I?G� QQ pp pp II � I .p }p. .1.1._,L4 ( I 11-- J y Z N31NYld —.I .9-s 4, R I a. I I I" I W w 2 x N ■ w wz Y i ,I am `° U u. a a � M 0 I < !' :,. , , ■ 11 .9-.91. . f I. LC - � � w I ITT w . z iI 5. o o Lij Y N iv a j I Q N Z a I_ ` 1 o .4 ,B1 o ill i a Odo2130V.L Od 4 0 December 13, 2010 - 4 - PD- 2010 -97 APPENDIX 2 Planning SCAR ,F / 4 7, signature 4875 Kent Avenue SIGN 8T IMAGE Niagara Falls, Ontario Building Brands Since 1983 L2H 1J The City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X Attention: Mayor and Council Re: Denial of Minor Variance to Sign By -law SV- 2010 -010 McCullough Dentists 3690 Portage Road, Niagara Falls, Ontario Mayor and Council, As per your letter regarding the above Dental of Minor Variance, we are requesting for you to waive the provisions of section 18 -3 of the Sign By -law. We are aware that the ten days notice which did pass without written notice from us to make application to appeal your decision. This was not completed as our client was not prepared to move forward with another application fee of $2800.00 in order to argue your denial. We respectfully request a review of this process as we do not feel that the variance as applied for was major in nature. Given the fact that there were no phone calls, no letters and no complaints from neighbouring properties and the sign Is set back a great distance from the road, we were hoping to resolve this with not having to go to the extent of the $2800.00 fee. Instead perhaps presenting at council or in committee. Your cooperation and understanding would be greatly appreciated. Regards, Jeff Wallis RECEIVED President DEC a , 2010 e. jeff.signaturesigns @bellnet.ca p. 905 & DEVELOPMENT N R &C- 2010 -24 Nia ara Tails December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -24 Coronation 50 Plus Recreation Centre Membership Fee 2011 RECOMMENDATION: 1. That City Council approve the 2011 Membership Fee effective January 1, 2011. 2. That a $5.00 non Resident Fee apply in addition to the regular membership fee. EXECUTIVE SUMMARY The cost to operate the Coronation Centre is subsidized by the local tax payer. Coronation Centre membership fees and user fees are applied directly to the operational budget of the Centre. The 2010 Coronation Centre annual membership fee is $20.00 plus HST. There are approximately 1870 Coronation Centre members. Staff is recommending a $1.00 increase to the 2011 resident membership fee increasing the fee to $21.00 plus HST. In addition, staff recommends an additional $5.00 charge to the membership fee for non - resident members. BACKGROUND Staff has investigated senior membership fees in the Niagara region. The chart below states 2010 rates before tax and proposed 2011 rates. Municipality 2010 Resident 2010 Non- Proposed Proposed Fee plus HST resident fee 2011 fee 2011 Non- plus HST resident fee Rose City Senior $23.00 $28.00 $24.00 $29.00 Centre, Welland St. Catharines $45.00 NA $50.00 NA Niagara Falls $20.00 NA $21.00 $26.00 ANALYSIS /RATIONALE The Advisory Committee of the Coronation 50 Plus Recreation Centre and the Constitution Committee approve the $1.00 increase and the new non - resident fee. December 13, 2010 - 2 - R&C- 2010 -24 At the Tuesday, November 13 2007, Advisory Committee meeting the following motion was approved "to approve annual increases to the Coronation 50 Plus Recreation Centre membership fees of $1.00 per year inclusive of GST for a period of five years beginning January 1S 2008. Motion Carried. In addition, the Constitution Committee on March 25th 2010 recommended that "an additional membership fee of $5.00 be charged to non residents of Niagara Falls." The minutes from this meeting were approved by the Advisory Committee on April 6 2010. FINANCIAL /STAFFING /LEGAL IMPLICATIONS By implementing a new non resident $5.00 fee and the $1.00 increase to the resident membership fee, revenue will increase for 2011. CITY'S STRATEGIC COMMITMENT One of the seven (7) strategic priorities identified in 2007 by Council was to `identify and evaluate alternative sources of revenue'. Recommended by: Kathy Moldenhauer, Acting Director of Recreation & Culture Approved by: Ken odd, Chief Administrative Officer R &C- 2010 -25 NiagaraJalls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -25 Trademark of the City of Niagara Falls 1812 -2012 Task Force Logo RECOMMENDATION That City Council approve the trademarking of the logo developed to commemorate the 200 anniversary of the War of 1812 in Niagara Falls. EXECUT4 SUMMARY To protect against the illicit and unauthorized use of the logo developed by the City of Niagara Falls1812 -2012 Task Force on behalf of the City of Niagara Falls. BACKGROUND The Task Force for the 200 Anniversary of the War of 1812 was directed by the City of Niagara Falls to provide a co- operative approach to ensuring that this important event is properly commemorated and leaves a lasting legacy. The logo was developed in 2007 to provide a specific brand that will identify the initiatives and activities of the Task Force. ANALYSIS /RATIONALE Staff has determined the necessity of this action because: • there are individuals who may wish to take advantage of the pending anniversary for personal profit and use this logo without the wishes of the Task Force; • there are individuals and /or organizations who may wish to use this logo when, in fact, their efforts run counterproductive to the activities of the Task Force and in turn the City of Niagara Falls; • to provide a logo that will authenticate official City of Niagara Falls 1812 -2012 events and activities. December 13, 2010 - 2 - R &C- 2010 -25 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The trademarking of this logo will cost $500.00 to $1,000.00. With these actions, the City of Niagara Falls will have a greater ability to impede those who have illicitly use the logo. CITY'S STRATEGIC COMMITMENT The work of the 1812 -2012 Task Force fits within the City of Niagara Falls Heritage Master Plan (2005) which recommends the City of Niagara Falls "Focus Heritage Product Development on the Bicentennial of the War of 1812 ". p.176 Further, the Heritage Master Plan states as an objective: "Promote Heritage Awareness Throughout the Community and Especially in the Business Sector" p.179 LIST OF ATTACHMENTS The logo of the City of Niagara Falls 1812 -2012 Task Force Recommended by: Kathy Moldenhauer, Acting Director of Recreation & Culture Approved by: Ken odd, Chief Administrative R&C-2010-25 - 3 - December 13, 2010 CIT ypF N IAGARq FqL�S ��, WAR OF ;� 0 al BICENTENNIAL 1 Celebrating 2ooYeays of Peace! R &C- 2010 -26 Nia araFalls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -26 Supply and Installation of PVC Pool Liner System - F.H. Leslie Pool RECOMMENDATION That the Mayor and Clerk be authorized to execute the agreement with Acapulco Pools Limited, the low bidder for the supply and installation of the PVC Pool Liner System at F.H. Leslie Pool. EXECUTIVE SUMMARY The municipal pool at F.H. Leslie Park is aging and requires significant maintenance each year to prepare for the summer season. A large amount of water is lost each year due to cracks in the concrete foundation. As part of the Rinc Funding, it is recommended to install a PVC pool liner system to reduce yearly maintenance and lost water. BACKGROUND A tender (RFT -T16 -2010) was prepared and sent out for the supply and installation of a PVC pool liner system at F.H. Leslie pool in November 2010. The closing date for submissions was December 2, 2010. The one following bid was accepted at this time and subsequently reviewed by staff. Bidder Bid Amount (excluding HST) Acapulco Pools $99,094.00 After review by staff, reference checks were completed and it is recommended that Acapulco Pools Limited be awarded the contract. December 13, 2010 - 2 - R &C- 2010 -26 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The budget for the PVC pool liner system is $115,000. The budget breakdown is as follows: City Reserves - $33,031.34 Rinc Funding - $66,062.66 Recommended by: ' Kathy Moldenhauer Acting Director of Recreation & Culture Respectfully submitted: Ken odd, Chief Administrative Officer RM f / TS- 2010 -45 Niagararalls December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -45 Residential Convenience Pass Trial Period Extension RECOMMENDATION That Council approve a one year extension of the Residential Convenience Pass program. EXECUTIVE SUMMARY The Residential Convenience Pass Permit Program provides the public with the opportunity to purchase a permit for the year that would allow parking at any on street parking meter for a maximum of two hours, without placing money in the meter. The program has recently expanded to accommodate residents with corporate owned vehicles for personal use. Initial interest in the permit quickly decreased from the launch month by a substantial amount and showed little activity until the end of the 2009 year. The start of 2010 showed a 40 percent decrease in purchase of the previous year even after an active advertising period in November and December. BACKGROUND The Residential Convenience Pass (RCP) Permit Program was launched in July 2009 allowing a resident to purchase a permit that granted them parking option up to a maximum of two hours at any on- street metered parking space without requiring to feed the parking meter. The permit was designed to give residents the ability to park without the concern of having to look for change and promote shopping at local businesses. This permit option is based on a similar model in Niagara on the Lake. The launch of the program showed an initial public interest of 41 permits purchased followed by one to two permits issued each month for the next three months. After an aggressive advertising campaign in the local papers incorporating the ability to purchase the RCP permits as gift certificates during the Holiday season for local residents, only one permit was purchased under this avenue. Interest in the RCP program continues to be minimal even after changing the permit conditions to allow corporate vehicles the opportunity to utilize this service for residents that may drive vehicles not registered to them. Over the next year, staff will be investigating other initiatives that would offer convenience to residents, business owners and visitors. Staff will be sending information to Niagara Tourism and the Chamber of Commerce to further promote the residential permit. December 13, 2010 - 2 - TS- 2010 -45 ANALYSIS /RATIONALE Public interest in the Residential Convenience Pass has not increased in spite of promotional efforts. FINANCIAL /STAFFING /LEGAL IMPLICATIONS From July to December 2009, 45 permits were issued generating gross revenue of $1,323.00. January to August 2010, 44 permits were issued with a gross revenue of $2,263.80. Potential lost revenue at on- street meters as well as staff time to maintain the program have not been included in the figures below. Program Revenue $3,586.80 Advertising Cost $3,519.06 i / Recommended by: is / ∎t /`lei Karl Dren, Director of Transportation Services Respectfully submitted: en Todd, Chief Administrative Office TS- 2010 -51 Niagara a is December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -51 Rural Speed Limits RECOMMENDATION That a 70 km /hr speed limit is established on: a) Marshall Road between Niagara Parkway and Ort Road (south intersection); b) Marshall Road between Ort Road (north intersection) and a point 140 metres west of Beck Road; c) Miller Road between Sodom Road and Niagara Parkway; d) Ort Road between Marshall Road (south intersection) and a point 245 metres north of Willick Road; e) Reixinger Road between Lyons Creek Road and a point 550 metres west of Dell Road; f) Reixinger Road between Ort Road and a point 260 metres west of Stanley Avenue (west intersection); g) Sherk Road between Sodom Road and Niagara Parkway; h) Stanley Avenue between Reixinger Road and Marshall Road; and, i) Weaver Road between Ort Road and Niagara Parkway. EXECUTIVE SUMMARY Rural roadways without speed limit signs located east of the Q.E.W. and to the south of Welland River were reviewed to determine the most feasible speed limit. The recommended speed limits are based on the results obtained from the technical analysis. BACKGROUND Prior to 2002, speed limits on rural roads were defaulted at 80 km /hr. Section 128 of the Highway Traffic Act was amended in 2002 to establish the speed limit on highways within a City boundary at 50 km /hr, unless signed otherwise. This refers to all urban and rural roadways within City limits. Signs are present at entry points to the City to advise motorists that unless otherwise posted, the speed limit is 50 km /hr. The first phase of the speed limit signing reviewed encompassed the area comprising of roadways generally east of the Queen Elizabeth Way and south of the Welland River. The remainder of the City will be analysed in two additional phases, over the next two years. December 13, 2010 - 2 - TS- 2010 -51 ANALYSIS /RATIONALE Improperly set speed limits, as with traffic signs, is considered unreasonable by the motorist, will be willfully ignored, and will propagate disrespect for speed limits in particular and traffic control devices in general. As a general trend, rural roads experience higher travel speeds because they have sparse development, and low traffic volumes. The risk of collision is dependent on the driver speed in relation to geometric design, road surface condition, the type and volume of traffic, and the surrounding land use. In North America, the procedure to establish an appropriate speed limit is based on the 85th percentile speed principle. This means that the speed limit will be set as near as practical to the speed at which 85% of vehicles are travelling along that road. Experience has shown that 85% of drivers will operate their vehicle at a speed that is reasonable and prudent. Data was collected on each municipal road within the study boundaries this past summer, including traffic volumes, speed, vehicle classification and analysed. Speed data from each road studied suggests that drivers travel about 70 km /h on most asphalt surface road segments. This may be attributed to very low traffic volumes (i.e. less than 100 vehicles daily), the straight and level alignment of most roads, adequate driver sight lines, large spacing between intersections, infrequent spacing of driveways and minimal pedestrian activity. Speed limits greater than 50 km /h have mandatory requirements in the spacing of speed limit signs. Some warning signs, such as intersection ahead signs, curve warning signs, are placed upstream of a hazard based on the posted speed limit of the road. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation /relocation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2011 General Purposes Budget. The estimated cost to install the signs is approximately $8,500. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Karl Dren, Director of Transportation Services 1 /0 - ? Respectfully submitted: 14 Ken Todd, Chief Administrative Officer SPEED LIMIT SIGN REVIEW a .1.1., 06 olf,.....1 \ REIXINGER RD. ^ UD o REIXINGER RD. v \ WEAVER RD. J o 1 , :y i • '• i 1 O •N Re cc c cc in d MILLER RD. cc 1 1 W m Q. U 1 Z = �' O Q m ! u MARSHALL RD. `, MARSHAL '��. 1 Ce ' J - .�� ; MARSHALL RD. W j's i 0 � I 1 1 C O RT R�. C S '. ;•', RD. a �, DETENBECK RD• i i i i _...1._. SCHIS_L_ER R_D. BOSSERT RD i BOSSERT RD. 1 �. 1 W 11117 �s. i 1 GONDER RD. . i SHERK RD. i E2 I SHE' K RD. � 1 1 O O ctl ` — ■ O �t • •, i C71 • 1 �. z y SOMERVILLE RD. 1 i _ SAUER RD. �' . i 1 1 1 i 0."N T , - D. �. . r :' - Rll. 1 1 • �� Provincial / Regional / Existing 40 km/h Road Niagara Parks Roads .- Existing 50 km/h Road "now.", Unimproved Road 1 � ---- - - - - -- Existing 60 km/h Road LEGEND: • • • Existing 70 km/h Road Proposed 70 km/h Road - - Existing 80 km/h Road TS- 2010 -53 Niagaraaa1Is December 13, 2010 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -53 Contract Renewal - 2011 Canadian Corps of Commissionaires RECOMMENDATION 1) That Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration and Security Services; and 2) That the Mayor and City Clerk be authorized to sign the necessary agreement. EXECUTIVE SUMMARY The Commissionaires have provided staffing for parking enforcement officers, crossing guard coordination and building security for the City of Niagara Falls for the past ten years. The parking control officers are essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. Scheduling of officer shifts and areas of enforcement will be adjusted to stay within the 2011 budgeted amount for enforcement staffing resources. Staff recommends the renewal of a one year contract with the Canadian Corps of Commissionaires with a proposed 2% increase over the 2010 rates. BACKGROUND In 2000, the Request for Proposal process was initiated, whereby, the Canadian Corps of Commissionaires was the successful bidders. Council approved a three -year contract with the Hamilton Office of the Corps. During the last five years, Council approved one year extensions to this agreement. Over the past eight years, the Hamilton Office has maintained high standards and a consistent turn out of Officers. The Corps also provides customer service training sessions for its Parking Control Officers and will continue to do so on an ongoing basis. The Corps provides parking control services staff and crossing guard coordination (Corporal position) for Transportation Services for the City of Niagara Falls, and Security through Building Services. December 13, 2010 - 2 - TS- 2010 -53 ANALYSIS /RATIONALE The Canadian Corps of Commissionaires provides an essential service in regulating parking conditions traffic flow and maintaining safety zones and school crossings for the City of Niagara Falls. A review of local municipalities identified that larger municipalities such as St. Catharines utilize the Canadian Corps of Commissionaires to provide all parking enforcement services, while smaller municipalities such as Niagara -on- the -Lake use staff for parking enforcement as only two to five enforcement officers are required in these smaller communities. Staff will be initiating an in -house service delivery review over the next year to determine enforcement needs, staffing resources and optimizing enforcement areas to better service the community FINANCIAL IMPLICATIONS Parking Control officers issue parking violations to vehicles in contravention of City or Regional bylaws which in turn generates revenue to support the staff compliment. Parking Control service will remain at 2010 budget level of $385,000. LEGAL IMPLICATIONS Canadian Corps of Commissionaires issue parking infractions based on municipal and regional parking bylaws and defend such issuance in an Ontario Provincial Court when contested by the recipient of the infraction. Recommended by: Karl Dren, Director of Transportation Services John 7 i+irector of Building Services Respectfully submitted: K n Todd, Chief Administrative Officer Paul Brown T`+ f ��lyYl L j Ill 1,11 1 CANADA _ FAi The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS on February 22, 2010, Niagara Falls City Council held a public meeting to receive input on Fernwood Phase 3 Draft Plan of Subdivision; and WHEREAS a significant portion of the lands in the Phase 3 area are affected by a Provincial Order - in- Council from 1978, which protects a right -of -way for a future extension of Highway 420; and WHEREAS the portion of the lands not covered by the Provincial Order are affected because access to these lands cannot be achieved without crossing the 420 extension; and WHEREAS at the public meeting in February 2010, Niagara Falls City Council resolved that the Mayor and appropriate senior staff engage the Minister of Transportation and the Minister of Municipal Affairs in discussions to examine the need for the Highway 420 extension; and WHEREAS the development of Fernwood Phase 3 would help the City meet residential targets in the municipality; and WHEREAS the alignment of the proposed Highway 420 extension goes through a Provincially significant woodlot; and WHEREAS since the Order -in- Council, there has been no apparent demand for this proposed highway extension; and WHEREAS on December 13, 2010, the zoning by -law amendment for Fernwood Phase 3 Draft Plan of Subdivision will be before Niagara Falls City Council; and WHEREAS it would be prudent for Niagara Falls City Council to reiterate the position that the Highway 420 extension is not needed or appropriate. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Minister of Transportation indicating that the proposed extension of Highway 420 is not needed or desired in the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a recreational use within an existing place of worship and to repeal By -law No. 89 -33. 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) The uses permitted in an I zone (b) Recreational uses 5. The regulations governing the permitted uses shall be: (a) Maximum height 12.5 metres (b) Minimum landscaped open space a 1.5 metre wide landscaped open space strip along and adjacent to the easterly side lot line and a 6.0 metre wide landscaped open space strip along and adjacent to the rear lot line (c) Minimum number of parking the greater of 1 space per 5 seats in the spaces sanctuary and any other rooms used for religious services or 1 space per 40 square metres of floor area for a recreational use and 1 space per 12.2 square metres of all other floor areas that are not used for religious services (d) Fence requirements a close board type fence in compliance with sections 4.17.1 and 4.17.2 of By- law No. 79 -200 along the easterly side lot line and the rear lot line -2- (e) Maximum floor area of all 500 square metres recreational uses (f) The balance of regulations specified for an I 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 C2 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from I and numbered 203 to I and numbered 924. 10. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.203. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.924 Refer to By -law No. 2010 - 12. By -law No. 89 -33 is repealed. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010 Second Reading: December 13, 2010 Third Reading: December 13, 2010 S:\ ZONING \AMS\2010\By- Iaws\Byam017.wpd SCHEDULE 1 TO BY -LAW No. 2010 - Subject Land r A \/ 7 alll s230 Mill o K 00 0 PI © a? w ,4 .. Ami E N p O °I 79.6 m ul ili w4 IIII U o n iiims O °C 01 I 11.1 U ow W ON Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 26 Stamford As In R0559648 Except Pt 1, 59R6450, & Except Pt 1, 59R13994; T/W R0688044; Niagara Falls N Applicant: Trustees of Mountain Park Church s 1:NTS Assessment #: 272504001605900 November 2010 AM- 2010 -017 K: \GIS_Requests\ 2010\ Schedule \ZoningAM\AM- 17 \mapping.map CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a semi - detached dwelling on the Lands. 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 R2 zone, save and except for a duplex dwelling. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 19.9 metres (b) Minimum front yard depth (i) within 11 metres of the 6 metres exterior lot line (ii) between 11 metres and 14.7 6.5 metres metres from the exterior lot line (iii) beyond 14.7 metres from the 9.5 metres exterior lot line (c) Maximum width of the driveway 9 metres (d) Maximum aggregate width of all the 10 metres garages (e) The balance of regulations specified for an R2 use -2- 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 C2 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from RIC to R2 and numbered 923. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.923 Refer to By -law No. 2010- . Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010 Second Reading: December 13, 2010 Third Reading: December 13, 2010 S: \ZON IN G\AM S\2009 \B Y- LAWS \Byam029. wpd SCHEDULE 1 TO BY -LAW No. 2010 - Subject Land r i IIIIIIIIIIIIIII 11111 Ili' SHANE CRES iiiii GIOVINA DR 15.3m 6 11111r ce 1 1111 la a 1111111111111/ a gril 19.5m IIIII Il Amending Zoning By -law No. 79 -200 N Description: PcI 60 -1 Sec M90; Lt 60 PI M90 Niagara Falls; Niagara Falls s 1:NTS Applicant: 2188353 Ontario Inc. AM- 2009 -029 Assessment #: 272504000147800 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 29 \mapping.map November 2010 CITY OF NIAGARA FALLS By-law No. 2010 - A by -law to authorize the execution of a Lease and Operating Agreement with Niagara Convention and Civic Centre Inc., respecting the lease and operation of the Niagara Convention and Civic Centre. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease and Operating Agreement made between The Corporation of the City of Niagara Falls as Landlord and Niagara Convention and Civic Centre Inc. as Tenant, respecting the lease and operation of the Niagara Convention and Civic Centre, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease and Operating Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease and Operating Agreement. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010. Second Reading: December 13, 2010. Third Reading: December 13, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the execution of an Agreement of Purchase and Sale with Badger Farms Limited, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between The Corporation of the City of Niagara Falls as Purchaser, and Badger Farms Limited as Vendor, for the property described as Part 10 on Reference Plan 59R- 12912, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010. Second Reading: December 13, 2010. Third Reading: December 13, 2010. AGREEMENT OF PURCHASE AND SALE BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Purchaser ") AND: BADGER FARMS LIMITED, (hereinafter referred to as the "Vendor ") WHEREAS the Vendor has agreed to sell and convey the Property (as hereinafter defined) to the Purchaser on the terms and subject to the conditions hereinafter set forth; NOW THEREFORE this Agreement witnesses that in consideration of the covenants and agreements herein contained the parties hereto covenant and agree with each other as follows: 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, the Vendor hereby agrees to sell to the Purchaser the lands legally described in Schedule "A ", and being approximately 1.966 hectares, together with all easements, rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof (hereinafter called the "Property "), upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement "). 2. PURCHASE PRICE 7 78,700• 2.1 The purchase price for the Property (herein called the "Purchase Price ") shall be $ in lawful money of Canada. 2.2 Upon acceptance of this Agreement, the sum of $72,870.00 shall be paid in cash or by certified cheque to the Vendor, in trust, as a deposit pending completion or termination of this transaction. The deposit shall be placed in interest bearing form with a chartered bank or trust company and interest earned thereon shall form part of the deposit. The deposit and interest earned thereon shall hereinafter be referred to as the "Deposit ". The Deposit shall be held in trust pending completion or termination of this Agreement and shall be paid to the Vendor on the Closing Date and the full amount so paid shall be credited against the Purchase Price. If this Agreement is terminated prior to the Closing Date, the Deposit shall be forthwith returned to the Purchaser, without deduction. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustment to the Closing Date as provided hereafter in section 4. 2.4 If the Purchaser fails to complete this transaction on the Closing date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 3. HARMONIZED SALES TAX The Purchase Price does not include Harmonized Sales Tax ( "HST ") and, if this transaction is subject to HST, then applicable HST shall be in addition to the Purchase Price. All HST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's HST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to HST and to minimize the effect of the HST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of HST payable on closing to Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any HST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to HST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to HST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place no later than 30 days following the approval of this Agreement by the Council of the City of Niagara Falls at a time mutually agreed upon by the parties hereto and not later than 4:30 p.m. local time. "Business" day means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario. 4.2 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non - registerable documents and other items (the "Non- Registered Deliveries ") and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non - Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non - Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.3 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non - Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non - Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.4 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 4.5 The Vendor shall have the right, at its sole option, to terminate this Agreement or extend the Closing Date for a period or periods of time in the aggregate not exceeding 90 days by notice in writing delivered to the Purchaser or its solicitor at any time on or before the Closing Date or on or before any extended Closing Date as the Vendor may determine, in its sole and absolute discretion. If this Agreement is so terminated the Deposit shall be returned to the Purchaser without interest or penalty and the Vendor shall be wholly released from all liability whatsoever. In no event shall the Vendor be responsible for any costs, expenses, loss or damage incurred by the Purchaser and in any way related to this Agreement. 5. TITLE 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re -entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. (a) any registered restrictions or covenants that run with the land providing that such are complied with and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (c) any minor easements for the supply of domestic utility or telephone services to the Property or adjacent properties and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property. 5.2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with any copies of surveys, declarations of possession and environmental reports in the Vendor's possession or control or other statutory declarations relating to the Property with originals to be delivered on the Closing Date, if possible. 6. NO CHATTELS No chattels or equipment are included in the Purchase Price. 7. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 8. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 9. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 10. VACANT POSSESSION The Vendor represents and warrants that vacant possession of the Property will be delivered on the Closing Date. 11. VENDOR'S REPRESENTATIONS AND WARRANTIES The Vendor represents and warrants to the Purchaser that: (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement; (b) there is no pending or threatened litigation of any type against or relating to the Property or which might impair the Vendor's ability to sell the Property; (c) the Vendor has not installed upon the Property any underground storage tank or facility for the storage or use of any Hazardous Substances (as defined below) and, as far as the Vendor is aware, it has no knowledge that any underground storage tank or facility for the storage or use of any Hazardous Substances exists upon the Property; (d) there are no outstanding work orders or deficiency notices or any other written notice from any authority advising of any outstanding breach of any law, by -law, code or regulation; (e) there are no existing, pending or contemplated condemnation or expropriation proceedings with respect to the whole or any part of the Property; (f) the Vendor has not entered into any agreements relating to the Property with any governmental authority relating to environmental, zoning and land use laws, or pursuant to any other municipal, provincial or federal laws or regulations; (g) as far at the Vendor is aware, the Property is not subject to or affected by any non- governmental restrictions limiting or restricting the use of the Property; (h) the current zoning of the property is DH - Development Holding Zone Parts; (i) the Vendor is now and at the Closing Date will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; (j) To the best of the Vendor's knowledge the Vendor will at the Closing Date have full and absolute right and power to convey and transfer the Property to the Purchaser or cause to be conveyed or transferred to the Purchaser good and marketable title as provided in section 6.1; (k) To the best of the Vendor's knowledge there are no encroachments onto or from the Property; (1) all requirements, terms and conditions of any relevant authority pursuant to any agreement or by -law affecting the Property have been satisfied or complied with as of the Closing Date; and (m) the Property is not, and at the Closing Date, shall not be: (i) is contaminated with or by any hazardous substance; (ii) restricted in any manner whatsoever pursuant to the Heritage Act (Ontario), as amended; (iii) restricted by or subject to any interest contemplated in the Family Law Act (Ontario), as amended; (iv) the subject matter of or in any matter restricted by the Conservation Act (Ontario), as amended; and (v) restricted in any manner pursuant to the Wetlands Policy Statement issued pursuant to the Planning Act (Ontario), as amended. For the purposes of this Agreement, "Hazardous Substances" means any contaminants, pollutants, substances or materials that, when released to the natural environment, could cause, at some immediate or future time, harm or degradation to the natural environment or risk to human health, whether or not such contaminants, pollutants, substances or materials are or shall become prohibited, controlled or regulated by any governmental authority and includes any "contaminants ", "dangerous substances ", "hazardous materials ", "hazardous substances ", "hazardous wastes ", "industrial wastes ", "liquid wastes ", "pollutants" and "toxic substances ", all as defined in, referred to or contemplated in federal, provincial and /or municipal legislation, regulations, orders and /or ordinances relating to environmental, health and /or safety matters. 12. ADJUSTMENTS Any realty taxes, water and unmetered utility charges as applicable shall be apportioned and adjusted by the parties as of the Closing Date (the Closing Date being for the Purchaser's account). The parties undertake to re- adjust as of the Closing Date any such item where the amount of such items is not known on the Closing Date and such obligation to re- adjust shall survive the Closing Date. No insurance shall be transferred to or assumed by the Purchaser on the Closing Date. 13. LAND TRANSFER AND RETAIL SALES TAXES The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act (Ontario) and, as applicable, all retail sales taxes as required pursuant to the Retail Sales Tax Act (Ontario) which are payable in connection with transfer of the Property under this Agreement; 14. RESIDENCY The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by the Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or its statutory declaration that it is not then a non - resident of Canada. 15. RISK OF VENDOR All buildings on the Property and all other things being purchased shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages. 16. PLANNING ACT (ONTARIO) AND BULK SALE ACT (ONTARIO) 16.1 This Agreement shall be effective to create an interest in the Property for the Purchaser only if the Vendor complies with the subdivision control provisions of the Planning Act prior to the Closing Date. The Vendor covenants to proceed diligently and at its expense to obtain all necessary consents prior to the Closing Date. 16.2 The Vendor covenants to comply with the Bulk Sales Act (Ontario) if applicable, prior to the Closing Date. 17. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given (I) by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be; or (iii) by fax as follows: If to the Vendor at: Badger Farms Limited 5766 Depew Avenue Niagara Falls, ON L2G 5M3 Attention: Mr. Henry Badger, President Fax No.: If to the Purchaser at: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 4:30 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and /or fax number by providing a notice in accordance with this section. 18. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered in Canadian funds by bank draft or cheque certified by a chartered bank or trust company. 19. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 20. BROKERAGE The parties represent and warrant to each other that no fees or commission are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 21. REGISTRATION OF AGREEMENT The parties agree that the Purchaser shall be permitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located. 22. NON - FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 23. BINDING AGREEMENT 23.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 23.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. � 24. ACCEPTANCE 1 CV v4 a dog NDJe,rc6$/ l8 , r agrees that this offer shall be irrevocable by it until 4:40 p.m. on .it>s —, 2010 / after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties, this transaction shall be binding on both parties. 25. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to riot object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 26. NON - RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non - resident as defined in the Land Transfer Tax Act. 27. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. HST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on /Ue�c.•+Err' kA , 2010. BADGER FARMS LI TED Per: I� �' Name: Henry Badger Title: President Per: Name: Title: I/We have authority to bind the Corporation ACCEPTANCE the foregoing Agreement is accepted by Vendor on , 2010. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I/We have authority to bind the Corporation SCHEDULE "A" Part Township Lot 180 Stamford as in BB10478 (Thirdly) except Parts 1, 2, 4 -6, 59R -12912 & Part 1, 59R -13486 designated as Part 10 on Reference Plan 59R - 14270. CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the execution of an Agreement with Dr. Sadiqa Karim dated December 1, 2010, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated December 1, 2010 and made between The Corporation of the City of Niagara Falls as City and Dr. Sadiqa Karim as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010. Second Reading: December 13, 2010. Third Reading: December 13, 2010. THIS AGREEMENT entered into on the day of December, 2010. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation incorporated under the laws of the Province of Ontario (hereinafter called the "City ") OF THE FIRST PART; - and - SADIQA KARIM, MD (hereinafter called the "Physician ") OF THE SECOND PART. WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal Act, 2001 (Ontario), and the regulations thereunder; AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task Force (the "Task Force ") is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City; AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians demonstrating a commitment to practicing medicine in the City of Niagara Falls; AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the City; AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: DESCRIPTION OF INCENTIVES 1. Subject to the terms and conditions herein, the City agrees to provide certain incentives to the licenced Physician in anticipation of the Physician establishing a full time family medical practice in the City of Niagara Falls, and in no event later than December 6, 2010. 2. For the purposes of this Agreement, the incentives ( "Incentives ") shall be office and examination room(s) furnishings to be located at Suite 202 -4383 Portage Road, Niagara Falls, Ontario, up to a value of Fifty Thousand Dollars ($50,000.00). REPAYMENT OF INCENTIVES 3. The Incentives listed in subsection 2 above shall be left in the office and examination rooms -2- on the Physician's departure from the practice in the City of Niagara Falls and the Incentives listed in subsection 2 above shall be repaid by the Physician to City on the following terms: (1) If the Physician engages in the practice of medicine in the City by December 6, 2010, and continues to do so for a period of at least five (5) years following the commencement of such practice, the Physician shall not be required to repay any of the Incentives contemplated by this Agreement. (2) If, however, the Physician does not maintain or regularly or actively engage in the practice of medicine in the City by December 6, 2010, and for the duration of the times set out in subsection 3(1) above, the Physician shall be required to repay the Incentives set out in subsection 2 above on a prorated basis, forthwith upon demand for such repayment being made, in writing, by the City. (3) Any amounts that may be required to be repaid by the Physician to the City under subsection 3(2) above, shall accrue interest as of the date that the funds were advanced, compounded annually at 3.5% per annum, and shall be due and payable upon the date that a written demand for repayment of the amounts set out in subsection 3(1) above is made by the City. (4) Notwithstanding anything contained in section 3, in the event the Physician elects to continue practice at another location in the City of Niagara Falls, Ontario, the Physician may transfer the furnishings described in this Agreement to that location, provided always that the Physician must practice medicine in the City of Niagara Falls for a period of at least five (5) years following commencement of practicing medicine and provided always that the furnishings shall forever remain the property of the City of Niagara Falls. NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY 4. The Physician agrees to provide the City with no less than three (3) months working notice of her intention to cease carrying on the practice of medicine in the City. Such notice shall be in writing and shall be delivered to the City in accordance with the Notice Provisions of this Agreement. SOURCE OF FUNDING FOR INCENTIVES 5. The monies required to fund the Incentives shall be provided 100% from the City, and shall be paid by the City to the Physician at such times as are required by this Agreement. REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN 6. The Physician hereby acknowledges that the City is relying on the following representations and warranties that she has made in connection with this Agreement and which representations and warranties form the basis for the City entering into such an Agreement with the Physician: (1) The Physician is a member in good standing with the College of Physicians and -3- Surgeons of Ontario. (2) The Physician has not accepted any other Incentives of a similar nature to those referenced by or set out in this Agreement, from any other party, and has not committed herself to practice medicine on a full time basis in any area outside of the City. NOTICE 7. All notices, requests, demands or other communication required or permitted by the terms of this Agreement to be given by one party to another, shall be given in writing, by personal delivery or by registered mail, with all postage being prepaid, such notice being addressed or delivered to the other party as follows: (1) to the City at: The Corporation of the City of Niagara Falls Attention: Niagara Falls Health Professional Recruitment and Retention Task Force 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 (2) to the Physician at: Dr. Sadiqa Karim Suite 202 -4383 Portage Road Niagara Falls ON L2E 6A6 or at such other address as may be given by either of them to the other in writing from time to time and such notices, requests, demands or other communications shall be deemed to have been received when delivered, or, if mailed, forty -eight (48) hours after 12:01 a.m. on the day following the day of the mailing, except that in the event of an interruption in regular mail by strike or other irregularity, any notice, request, demand or other communication sent by regular mail shall be deemed to have been received forty -eight (48) hours after 12:01 a.m. on the day following the resumption of normal mail service. GENERAL 8. This Agreement shall be governed by the laws of Canada to the extent that they apply and by the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 9. This Agreement shall constitute the entire Agreement between the parties with respect to all of the matters herein, and this Agreement shall not be amended except by a memorandum in writing, consented to and signed by all of the parties and any attempt to amend this Agreement by a party without the consent of the other shall be null and void and without binding effect on the other. 10. No party may assign this Agreement or any part hereof without the prior written consent of the other parties hereto, which consent may be arbitrarily withheld. Subject to the foregoing, -4- this Agreement shall enure to the benefit of and be binding upon the parties to this Agreement and on their respective heirs, executors, administrators, successors and permitted assigns. 11. The parties acknowledge that this Agreement is not intended to create a partnership, agency or fiduciary relationship between the parties, and each specifically disclaims any such relationship with the other. 12. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and shall be binding upon the parties. 13. Attached to this Agreement and marked as Schedule "A" is a copy of the Certificate of Registration issued by The College of Physicians and Surgeons of Ontario to Dr. Sadiqa Karim dated October 21, 2010, bearing College Register Number 94550. 14. If Dr. Sadiqa Karim's Licence with the College of Physicians and Surgeons of Ontario is revoked, suspended or cancelled, or if she cannot practice in Niagara Falls, Ontario due to any work permit or immigration issues, then this Agreement is completely nullified without any liability whatsoever on the part of the Physician, her heirs, executors, administrators, successors and permitted assigns, provided the furnishings shall forever remain the property of the City. SY IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this day of December, 2010. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) Per: ) ) James M. Diodati, Mayor ) ) ) Dean Iorfida, City Clerk ' ness Sadiqa D Wit ) a Karim, M q •••:•:• t i ii••:::.ii•lt.i .L111:4...:.• .'...q.,.....:• yl:::::: -::::::::. ::... -...,„,",-...:,,...,---:.--- .,;.-----;•----.••--: . i .... • '''.' - ' :::,...,......,_,.::::::.:::..„....,...,,........,.,.„„..,..,...„...„,..!,..::,:.„,:„::.::,..:::.,: „...:.. ''..._ .4 ''''' ' '' , ...i i ..' -V.' ' ..., '-' ,...; -. 3.: . '. ''....:" ...',...:'''...;',, THE . '::■:: , 1 , ........ ' -:.; '....• ;::::.. .::: , :-:.,:, .T ',, ..,.'•:, 'f C ..,, ', . . : ' .:,........: ' -,;::.' ''',.... :::,: :-. ; ''''....;:: . I .. .i.-: : :. . , '.:,:::■::':: .. :',:::,.:::::: ----'..-',:-::,,s.?.:•:.:-'),':::::::11'.. ■.:'..::::,;:-::.:..--..,q!:-....i"..:::::''''!.; ',":.':',:5.,T ''.,::....=''','",..,;'.•';;',1-'...".:.:::.•1:::;.....'-'::.-:',5., -..ie,:.:.:.„. Itig . 2 . G .,,..... t .....r...„..:....-..r.;.:.:, ..,....,...- ...-- ;............................. , ... : .„... ....::_.:.,... .:. : ......:::......:..,:,..: ....... ..... y , .....•,....:plitsi .-.::. ,.. ::: ::.: ::::....: :., .„,-,- :-. ---• ''' -'-il-::::::: -. E . L , :i -',.:-.:.-":.--•.::......--.:-:::-'. '---:-:::.....--,..::.' -'--••• .•...•‘.-:.--.:,•.--- ':-.: REGISTRATION -- ,: . - ..::: .•:-. , :. .. ••... . . CER .... .. .. .... .• .. . . • • • • AND • •-• _ -: - • •-•:"::.--' '''''''::::-...- ---:::: ..:- ..-:''''. -::::''':-.1-::: -.:::::.i... ::":::-.----:::•.' L:::...:..-----1-::':::;-1--: X1-.::::::::::'-i': . ::: : :-2- :::'::::::::'• : : : : : : - .''''' ' ::r: :'''.. :::-....."..ii . -1:: : "'::: : :-. - ..:::::::"::"' - ':Hi:,- . '' ':':-----:1'.. - -, .! . --:--- .:::-'-':---.: :::,---:-•-•:--...;' . . ....: ... : ... .: ... ...,, . :: . .::. ••,.. ... . .,... .. • :. :... „. „ . .. . ,...... ::. :... „: .:„..:. -,- . . . .. . :. .. . .: ...... ..... . ..... .: : . : ... .. ._ . .. ; :::: -::::: :••••. :::: ..--: :::- :-:::: -,,,, -.-:•••., ••:. :.:•_-: •:::::: ::::::. --•::: ::::::-"•..y--:•:.--.- -::::::::-.:.: •::::::: ,-,:.--:::::::::- :J.:, This i$:10 cOitirygiqt--,::: 4 ::::::: :::• ..'... -::::' :"... •-::: ".....--.... ...r' "-.9F.........-:•:.. :-..",:.---."..:: .........-...-- .....--...,:-.."..„ .:::: ::::": .-..".. .......... ...., -,. ONTAPJ9:-: :::::-..:•:.' --;-•- -;--. ri i ::::„...,:, :-.--:::: ::::: :.:::..-,-.," ::.:.,--...:-: -----.-: •--.:-.: :::-.- .----:::::-...--::-,--:- ..--.": :::::-: .::::::::::•-:.: r.....--: .:::::::::,_:. --.:-.••:: ',.. ---:-.........:::-: .:,..±L.:- .---::: '..-:::::. •-•-•:.:-:: •••• ------, --- :::-, :hi ::::: : - •••-- .• •-• -•• - .- - • - '.. .-.: - -----.: - '•: - ::: ::::::--- :---•,-:-..• Dr. Sadiqa Karim . • •---- ' .- :-- - ---.- -- - .. - -. - .:..:.:: -. -.: ..-.:•:- -:::: .-.- -.-.. :.-.•-... :..------- ---:::: --.... .: .. ..: : :. - .- .,: . : : : . . : - -.. --. : : '-.: :.:: ..: :• '..-.. -,.--.: - is a ineinberOf the College and is atithotited:tdEepgagin.:?tne Practiee,:of ittedicine:::subject (0: imposed on tills "-- •• ' • r •- '-' - : ------- -.- ::' r '• '---: ---. --- - - -- H- - -.- "-- - ---- •:: -. :::::- .. : . .,, - - ' r - - .--- .: .•,:: - - -- - •'•-••--:••• -• '•-: •- Restricted Certificate .-.:-- ': --:-.--. -..- ---- - - •- - -.-- - :.... ............: ...: - .- . . . .. ... . - --:::-. ..-:- :::: '---• This c :e cae is sb t ten'ns, ma s ujett o rinS; conditions andliittionss.:WhichlinOudeibut are not limited ......:.:: ..,.. ,...: .:::. .: :,....... ... .....: -....... ,.. ..., ....... ..,:: :.. . . ........ ......, .:. -.., ..... ... ..: .-.:.:.-. ::.:.: :.,-- -. :..• -:-. : .-. H -. :-:. :-.-.-.,- „.:- .::.-... ::. -.,:.:::.: ::-„, :: .: .:.::. -. :-. :.:. .:.- ---• --..... : .,- :. .- -. - . . .. : :--- - . , •-,:: :••••• :--,-- --: - -: :,- ::-• •• --. :•:•- -.-• ::: -::: -:--:: . .--.--• :-•:-:- --:•••---:-,.:: ..::•:: - -.---::. -•.----- .---:-... ::.. ''.:.-•-:: •••-• ••- - . -----: :::r: .--••-• •-•.' : : -: • :. . - . .''.•-•••.•: -..-::.-:.:': ' '1,- . .---.: : Dr. Sadiqa Karim :May practise:faMily.: offietiloCated 4383 Portage Road in Niagara Falls, Ontario, arid „ . .. under s.uppryjsiort-..pprcli,ptecl..1: Aztqi V.plii,.... ..:...,-„,.........,...:, ...„:„ : ...:- :: -. -...: . . •,....-..::: :::.. --;-.-.:. -::::: 2. - .... -::: ::: The certificate of registration automatically expires eighteen months from the date of issuance. .:., --, .... ---:-. .--: ''.-•-: '-•:--•'. ..;-:-.':•:- , J1::" H -----::.-. r-: :::. '-':::. :---- --..::::: -...---., ''..• .•.-::::. ::::-..., '-'-'.. :-.--,-,-- .-:::::: •-:-•------ -,-.. --:-.- -.::::' ,...„ . ::..:. .--.-. .-------- -.•-•-::.' ---- ..... - -....-..- ....- .- ..- . :.-- .--..- - .: ::::- . -: 1:...: The cer of registration or without.additiou gOriatic41jy eXpr. fol=p..Nring unless the : Qonuruheerenews :.:.... -..... . • .....„ ......„.„ ..,..... . ..::...„ ... ...... ....-: the. certificate witittial other terms, conditions aud.liinitatious: -: -....-::::... -....::::: .:::.•:. ..:.-- . :--.... -:::::: :::- (I) :::::. - the.siipervisornOtifies-rhe..c011ege:of any ebticerns:regartiihg:1)r.'-:-.Kariiii's••.'Jcnem skill, judgment e re does not provide the required reports to the College if the date or itlit S repOrt are Uhsatitfactoryiti.fOm r -.. --...„ :,....: r-.,- - , „,.. „....... „:„...„. ,,.„ ,,.. -.„...„ ...... :....- , ..„...,.... ..„ reports unsatisfactory "rr r rrr - rr-rr - :• or content, or .--..: ----- '.... •-.--•-• •-•--..:--- i •:;.:::' ---..-:-.. . :::-. .r. .-..: -..-.:.. :-. .-.: --:: -... .: - : -.. -:- : . -. (i.j.) -- •-. the Supervisor!is or .willing ....to continue to supervise Dr . :::Ica:ini &practice, or . ..., :.• .. : ::.:. : : ... ..: ... .! ., „.., ...... ..,... :.....: .„.. ... .... ...: ..... .. .:: . .,.. . • • : : . (Iii) :"..- -.::: the-I:College :TuidS;:' the as808friOht... to 'the..., Oti.Site msesstneat o Dr,.: Karim's practice .:., ... _..: „.„ .:.: !--..:-.. -...:-. ,--•.::-. ::-. : .: --.:.. :::-... .:-......: uusatisfactoiy '.-';': ::•-,.': '' ..:'..-':- Note: - ::-:: This certificate is issued on October 11,..:2610i-atid currently liasaii--:. expiry date of 2011. :-. The '.'... ::::--'-: -::::: ';'. :'::- .::::•- . :. expiry date of this certificate may be..e1Iten(leci ubjeet:46.""the limitations in paragraphs 2 and 3:.:above.: -:. .-.... ... :. ..- : , ...,.-.: .... .::: :::.-.:-.. ...., :... :-. -....... 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".:,'.-:.-:-z.=:.ili.,::'.,...-^::::1111,',,z:::::,•1=4.'01'.::::',.,:,..::.:.--C...1:::,.".sA. CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedules "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedules "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. 3. By -law No. 2010 -083 is hereby repealed. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010. Second Reading: December 13, 2010. Third Reading: December 13, 2010. SCHEDULE "C" 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Ron Dayton Alex DeGaust Larry Desormeaux Bob DiGirolamo Larry Downing Kevin Howe Les Jarvis Arnold Larian Norm Leonard David Lewis John MacLeod John McPherson Alyssa Minicucci Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Gary Statchura Jana Vermeulen SCHEDULE "D4 HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Mike Bourdon Blair Cottage Dylan Dance Avril Murphy Dean Murray Richard Rittner James Steers Mike Van Maarren CITY OF NIAGARA FALLS By -law No. 2010 - Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2009 -190 is hereby repealed upon completion of the 2010 Council schedule. Passed this thirteenth day of December, 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010 Second Reading: December 13, 2010 Third Reading: December 13, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the payment of $17,017,073.59 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 October 21, 2010 to November 24, 2010. Passed this thirteenth day of December 2010. DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: December 13, 2010 Second Reading: December 13, 2010 Third Reading: December 13, 2010 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 13 day of December, 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 13` day of December, 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 thirteenth day of December 2010. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 13, 2010 Second Reading: December 13, 2010 Third Reading: December 13, 2010