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2011/02/14COUNCIL MEETING Monday, February 14, 2011 Order of Business and Agenda Package Niag araj PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of January 17, 2011 * * * ** Pathstone Mental Health Background Material: Recommendation Report: PD- 2011 -11 -AND- COUNCIL MEETING February 14, 2011 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 Ellis Katsof, Executive Director, of the former Niagara Child and Youth Services, will discuss the organization's name change and their Anti - Stigma campaign. PLANNING MATTERS Public Meeting AM- 2011 -001, Zoning By -law Amendment Application 5547 -5559 Portage Road and Part of 5895 North Street Applicant: B & A Rental Properties Inc Agent: Richard Brady Proposed 3 Storey Commercial Building Petition from residents Correspondence from Gayle Hendershot - Hoover and Jim McBurney Background Material: Recommendation Report: PD- 2011 -09 -AND- Correspondence from the Region Background Material: Recommendation Report: PD- 2011 -10 -AND- Correspondence from the Region Chief Administrative Officer - 2 - Public Meeting AM- 2010 -024, Zoning By -law Amendment Application 5043 Centre Street Applicant: Ann Louise De Giorgio Elimination of Parking Requirements for Certain Uses Public Meeting AM- 2010 -023, Zoning By -law Amendment Application 6501 Dunn Street Applicant: Carmine Spadafora Proposed Semi - Detached Dwelling MISCELLANEOUS PLANNING MATTERS PD- 2011 -12 - Appeal of the Committee of Adjustment Decisions Consent Application B- 2010 -021, Minor Variance A- 2010 -045. 8034 Biggar Road. Applicant: Samuel Navarroli (Agent: Brian Sinclair) 2. Chief Administrative Officer PD- 2011 -13 - Appeal of the Committee of Adjustment Decision Consent Application B- 2010 -023. 7999 Carl Road. Applicant: Danielle & Victor Pietrangelo (Agent: Brian Sinclair) 2011 Budget F- 2011 -07 - Municipal Accounts 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. KNOW it ALL Niagara - Requesting Council provide a grant equal to the amount of the cost fo the business licence they required for a recent event. Recommendation: That the request be denied. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS Todd Harrison, Director of Finance, will make a presentation on the Labour component of the 2011 Budget. RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS 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. R &C- 2011 -04 - Licence Agreement between The Niagara Parks Commission and the City of Niagara Falls For the Use of the Willoughby Historical Museum. -4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -18 A by -law to adopt a mark, symbol or design for the City of Niagara Falls "iride niagarafallstransit the way to go!" logo for The Corporation of the City of Niagara Falls. 2011 -19 A by -law to designate Lots 23, 24 and 25 and Part of Lots 21 and 22, Plan 996 to be deemed not to be within a registered plan of subdivision. (DB- 2010 -006) 2011 -20 A by -law to designate Lots 10, 11, 25 and 26, Plan 306 to be deemed not to be within a registered plan of subdivision. (DB- 2010 -006) 2011 -21 A by -law to amend By -law No. 79 -200, to permit the Lands to be used for a retirement home and off -site parking and to repeal By -law No. 90 -81. (AM- 2010 -02) 2011 -22 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. 2011 -23 A by -law to authorize the execution of a License Agreement with the Niagara Parks Commission for the nonexclusive use of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls, Ontario. 2011 -24 A by -law to authorize the payment of $15,025,465.05 for General Purposes. 2011 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of February, 2011. NEW BUSINESS (2/1/2011) Dean Iorfida - FW: Delegation to Council Page 1 From: To: Date: Subject: Good morning , "Teresa Shanley" <tshanley @NCYS.ca> <diorfida @niagarafalls.ca> 1/12/2011 10:20 AM FW: Delegation to Council As per a conversation with your assistant, the Executive Director of the Niagara Child and Youth Services would like to make a delegation to Niagara Falls City Council on February 14, 2011. The two topics to be discussed are: To announce our new Name change 2. To introduce our Anti- Stigma Campaign regarding mental health issues. This will be an oral presentation which may be accompanied by a handout, if you could advise me on the exact time, location and anything else we need to do on our end, I would be most gratefully. Thanks and have a good day! Teresa Shanley Executive Team Assistant Niagara Child and Youth Services 3340 Schmon Parkway, Thorold, ON L2V 4Y6 905 - 688 -6850, ext. 106 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -11 AM- 2011 -001, Zoning By -law Amendment Application 5547 - 5559 Portage Road and part of 5895 North Street Applicant: B & A Rental Properties Inc. Agent: Richard Brady Proposed 3- Storey Commercial Building RECOMMENDATION EXECUTIVE SUMMARY • the proposed building height is anticipated in this area; PD- 2011 -11 Niagarapalls February 14, 2011 C1ti {D.\ That Council approve the application to rezone the lands a site specific General Commercial (GC) zone to permit a 3- storey medical building with a limited range of uses, subject to the standards recommended in this report. The applicant has requested a zoning amendment to permit the property to be developed with a 3- storey building containing offices, clinics, ancillary retail and a coffee shop. Provided the zoning standards discussed in this report are implemented, the proposal can be supported for the following reasons: • the recommended setbacks reflect the character of the area and will ensure the development is compatible with surrounding properties; the recommended landscaping and screening standards complement the character of the area and will assist in screening adjacent properties from the development; and • the addition of this facility will enhance medical services in close proximity to the Greater Niagara General Hospital. BACKGROUND Proposal An amendment is requested for 0.25 hectares (0.63 acres) of land known as 5547 and 5559 Portage Road and part of 5895 North Street (see Schedule 1). The applicant is proposing to redevelop the lands with a 3- storey, 12 metre tall building containing medical offices, clinics, an ancillary retail store and a coffee bar. Schedules 2 and 3 show details of the proposed development. February 14, 2011 - 2 - PD- 2011 -11 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, an ancillary retail store and a coffee bar and allowing the front yard setback to be established from the existing front lot line rather than the protected front lot line. In December2010, Council considered and refused a zoning amendment by the applicant to permit a 5- storey office building with the same range of uses (AM- 2009 -011). The attached staff report (PD- 2010 -96) contains further details on this proposal. The current building is proposed to be 2 storeys and 9 metres shorter and is proposed to be sited further away from Portage Avenue and closer the southerly side lot line. Site Conditions and Surrounding Land Uses The former Bloom & Basket floral shop occupies the northerly 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 The application was not circulated to the Region as the necessary Regional review fees were not provided. However, on the previous application the Region had no objections. • Transportation Services • Municipal Works ■ No objections. At the 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. No objections. A stormwater management report will be required at the site plan stage. • Parks and Recreation No objections to the use. The southerly side yard set back should be increased to allow for the planting of trees to screen the building. At the site plan stage a landscape plan designed by a landscape architect will be required. February 14, 2011 Legal Services, Fire Services, Building Services No objections. Neighbourhood Open House ANALYSIS 1. Official Plan - 3 - PD- 2011 -11 A neighbourhood open house was held on January 27, 2011 which was attended by 4 residents. The residents noted that they were more comfortable with the current 3- storey building as opposed to the previous 5- storey building proposal. A number of questions were asked about the specific architecture of the building, snow clearance, fencing, landscaping and lighting, to which the applicant's agent noted that these matters would be dealt with at the site plan stage, and that they were open to discussing the site plan details with the neighbours. The neighbours also asked specific questions about the use of the building and expressed concerns if a methadone clinic were to locate here. The owner will have his own medical practice in the building and assured the neighbours that there would not be a methadone clinic within the building. The proponent also submitted a 400 name petition in support of the medical building. The subject property is located in an area that 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 addition to residential uses. To ensure compatibility with surrounding residential uses, the Official Plan requires building setbacks and landscaping in keeping with the character of the area. Residential polices stipulate that new development is to be designed and integrated to achieve compatibility with surrounding uses 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 uses. These uses are the kinds of uses anticipated to be developed across from the hospital to support its function. Staff recommended against the 5- storey building that was previously proposed for this site because it was out of character with the surrounding area. The current proposal at 3 storeys fits in with planned building heights in this area. To ensure the proposed 3 storey building is developed in a manner that is compatible with surrounding residential development, a set of zoning standards is recommended to ensure the project reflects surrounding development, minimizes overshadowing, maintains the privacy for adjacent properties, is screened from adjacent residences and provides a pleasing streetscape that reflects surrounding development. February 14, 2011 - 4 - PD- 2011 -11 2. Zoning By -law The requested site specific GC zone would facilitate a 3- storey commercial building, with uses limited to an office, a clinic and ancillary retail and coffee bar in keeping with the Official Plan. The height of the proposed building is slightly taller than what is currently permitted to be built on the lands and on the surrounding properties (12 metres versus 10 metres currently permitted). This minor increase can be mitigated by providing additional side yard setbacks. Where a side lot line abuts a residential zone, the GC zone requires a minimum interior side yard of 3 metres. To better ensure the building is compatible with surrounding development and to minimize the impact of the proposed medical building, a minimum side yard width of 4.5 metres is recommended. This standard would diminish potential losses in privacy and allow trees to be planted to screen the property to the south. A 6 -metre front yard setback should be required to maintain the established streetscape and to better ensure vehicles exiting abutting properties have a view of the road. The front yard setback can be established from the existing front lot line rather than the protected front lot line, as requested by the applicant, as there are no further requirements for road widening. The recommended standards provide an opportunity to move the building forward enough that much of it is adjacent to the side walls of abutting dwellings rather than the rear yards of the abutting Tots. The by -law should also require a 3 -metre wide landscape strip along the front lot line (except for a driveway), and a 1.5 -metre wide landscape strip along lot lines that abut residential dwellings. The current R5B zoning of 5559 Portage Road requires 35% of a lot to be landscaped (split between amenity area for residents and buffering), while the NC zoning of 5547 Portage Road requires no landscaping. The recommended standards will ensure landscaped area is positioned where it will buffer adjacent residents, reflect the largely landscaped nature of the front yards of adjacent properties and provide room for snow storage. A wood board fence, with a minimum height of 1.8 metres, should be required by the by -law to be erected around the property, except adjacent to the front yard. Fencing would assist in screening adjacent properties from the building and the parking areas. The required loading space can be reduced to 6 metres in length based on information from the applicant, that only smaller vehicles will be used for deliveries. This will free up land for design options for the applicant. The recommended standards will require some redesign of the building and parking, but should not result in a significant Toss of floor area or parking. 3. Site Plan Should the requested amendment be approved the development will be subject to site plan control. Site plan control will address such matters as lot grading and drainage, servicing, measures to buffer adjacent properties including fencing and tree planting and ensuring lighting does not impact on surrounding properties. February 14, 2011 - 5 - PD- 2011 -11 FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC PRIORITIES Approval of this application will satisfy Council's strategic priorities of intensifying medical services in close proximity to the hospital, attracting physicians to the City to better serve residents and taking advantage of existing infrastructure capacities of existing services. LIST OF ATTACHMENTS ► Schedule 1 - Location Map • Schedule 2 - Site Plan ► Staff Report PD- 2010 -96 Recommended by: Respectfully submitted: A.Bryce:mb Attach. The applicant has indicated that parking control gates may be installed at the entrance off Portage Road. Some parking spaces may need to be removed to allow for off- street queuing for vehicles entering the property. This matter will be further reviewed at the site plan stage. Alex e4vitch Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -11, AM- 2011 - 001,5547 -5559 Portage Rd & Part of 5895 North St, B &A Rental Properties.wpd February 14, 2011 - 6 - SCHEDULE 1 PD-2011-11 Subject Land LOCATION MAP Locatiori: 5547, 5559 Portage Road and Part of 5895 North Street Applicant: B &A Rental Properties Inc. November 2010 AM-2011-001 February 14, 2011 - 7 - SCHEDULE 2 PD- 2011 -11 Niagara�alls 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 PD- 2010 -96 December 13, 2010 The recommendation(s) contained in this report were adopted by City Council 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: Respectfully submitted: ii(Ai4j Alex Herlovitch, Director of Planning, Building & D v pment K n Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2010 \PD- 2010 -96, AM- 2009 -011, 5547 -5559 Portage Rd, Phil Flsher.wpd December 13, 2010 - 5 - SCHEDULE 1 PD- 2010 -96 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 5547, 5559 Portage Road and Part of 5895 North Street Applicant: B & A Rental Properties Inc. O<tob*, 2010 AM- 2009 -011 December 13, 2010 -6 SCHEDULE 2 PD- 2010 -96 December 13, 2010 - 7 - SCHEDULE 3 PD- 2010 -96 Niagara',' Region Building Community. Building Lives. November 25, 2010 Files: D.18.04.ZA -04438 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 " Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 - 685 -4225 Toll- free:1 -800 -263 -7215 Fax: 905 - 687 -8056 www.niagararegion.ca RECEIVED Nov 2 6 2010 PLANNING & D VELOPMENT 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 File: 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 Fails 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 Planning s canned 2 • compatible with the surrounding neighbourhood. Additionally, the proposed development should provide additional employment opportunities and 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 truly resa Gray, Planner IP, RPP L:1Gray - Teresa\NIAGARA FALLSIZONING AMENDMENTS15547 -5559 Portage Road15547 -5559 Portage Rd comments.doc RF/MIX Niagara Realty Ltd. Real Estate Brokerage 5627 Main Street, Niagara Falls, Ontario L2G 5Z3 Phone : (905) 356 -9600 Fax : (905) 374 -0241 Branch Office : 170 Central Avenue Fort Erie, Ontario l2A 3S7 Phone : (905) 871 -5555 Fax : (905) 871 -9765 Each office Independently owned and operated IEµ7pq November 22, 2010 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-2009-01I 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, An..elo Muraco Br e er of Record. AM*Ic RECEIVED NOV 3 0 2010 PLANNING & DEVELOPMENT (12/8/2010) Dean lorfida - Re: Petition 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 'save 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)? 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. PETITION AGAINIST PROPOSED BUILDING OF MEDICAL' CLINIC AT 5547 AND 5559 PORTAGE RD. THE UNDERSIGNED PEOPLE ARE AGAINIST THIS PROJECT COMING INTO OUR NEIGHBOURHOOD .frn% /41)f,, , . 55V ' POPTi4 ff 24- , r t, wr ijg, "r P.5 .lu V6 er d, kJ St CLERK'S JUL 15 2010 NAME , ADDRESS , SIGNED AND DATED d I I* t 111111111111611 Pr • r LIMILIPIMINITANYIP 4 • do .4 tio 4 Lice) Y tvcro, 4- ,ii ti'. F. ,,,, 0 )1 63e 4j^ r � .I r: 44.i,. 2 7 Zvi z , 2410 �. . • r - 1 - cke Le i `lb Ito a q5 cod Cit t' j MEd ketcr 14, J fit �W y2 L..p vocf C � . hc 4 J4n Gp ' • J pet. 6 NLFI 5 72�' (�/asoec to . ;,v� 3o i � � Fn r 10 %CJ Iii d cQ-1i Tumi.:".07/1 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 DA'Z'ED /✓ GI-an-kilt' tJ choJh ,L Part c ' FT / ()'J - ' 14 /2C IC , r .- / .,. e .,.i A:,4' i 47 Mi + , -,- -1-:,G4 t L, ' ,T Iic..1i r /n l (pftaobk #/ 1 eei‘k_ 5 qt o P }-n Tea' ii' ' iv t i o I NI.Lf ea pi 5 1 to „d' S-F- 1 I y /io 5 a) `Yn IA,\., - /tv- J /V/ /0 4i'-ti C)L TO THE NIAGARA FALLS TOWN COUNCIL: DATED: START: DECEMBER 20, 2010 The undersigned strongly disapprove of the Council's decision on December 13, 2010 to deny consent for the building of a medical clinic on the vacant lot opposite the main entrance of the Greater Niagara Falls Hospital. We, as a community, desperately need the Town Council to encourage any development regarding medical services in our region. WE WANT TO KNOW WHERE IS A MORE IDEAL SITE FORA MEDICAL CLINIC THAN RIGHT OPPOSITE OUR HOSPITAL. 4 NAME: ADDRESS s Viannin Scanne File ^�.Or1 ` / TELEPHONE: Clerks REED FEB 0 12Q1I 1 s '' 1 . a ` 02 Pa' • • ' � • � r r , ,+ bil ten ;ir `67 4 r Lc e `_ f _ - .qC - - CC \-k t lam. c 4 . • In ,s -Ali i ;' 7 e G • s l 4,, Lc . c em u -u tl; 5 if s'1-26 PSU✓J7 ,V • 4<01 qc2 .3Z5 i J -- •• ��/ s� w /ea 9, j'" 34 • gas _ - - 0. , -P-ft tAt Fe rmi 37'+ Car -tier br. ►) -F .. 78 _ . r "= 'iS I - _ 7e- ..,_ - e,s / .e 2 / T 7 /l/ 0 � hair ! () S p�a� oc 42 (2_ 5 4-- Lo S-1- - , 96`, _ 9/2( 03 - -C 's ew a /46 I LV i ,./ /2,y . • ?9 ' i-/71 j;. ( 1N-cal • ie e.. eR K� k C{, �l�ttre v 0,6, .' -' _ & 6-qt ; y < 5 ,co.ri'c .t(. C - )1c � _ Witt. tom- _ XL k -F2 C ( ••'1[ a�� -- 735 -- 3oo$ , r, 0 Pfc.) ' TA — 35 T 7v Eft 1 S�O �a �,� 3 - , �i' s 3Sq- 0V(0 G v rv'-= 1 Z3-_i 1yt} ww,-) CIL- 5 4-k-v - V c l 4 71),,,x, Rd (s1' t.iia - , ►` -3 t.. . --si ° 0+ `to s - 6g i- s" "337 y'dr- Jg - -- (f‘ /a- m M ► , - • 1�c 1,417A111..., , F � - 9 ` 7e) � 01 s -7/.(-. .� . j / aJ 1 �it,v .a - �('-- 6 - 7�/ TO THE NIAGARA FALLS TOWN COUNCIL: DATED: START: DECEMBER 20, 2010 The undersigned strongly disapprove of the Council's decision on December 13, 2010 to deny consent for the building of a medical clinic on the vacant lot opposite the main entrance of the Greater Niagara Falls Hospital. We, as a community, desperately need the Town Council to encourage any development regarding medical services in our region. WE WANT TO KNOW WHERE IS A MORE IDEAL SITE FORA MEDICAL CLINIC THAN RIGHT OPPOSITE OUR HOSPITAL. 4 NAME: ADDRESS s Viannin Scanne File ^�.Or1 ` / TELEPHONE: Clerks REED FEB 0 12Q1I 1 i. -t- ! L - .7 f i , / G � 7o -7 - / C'/'z°s X 90 ef / /2 _� , _. . - t Ot Y\ 64 3 - S1 s i ° 7 o. - 3 f 5f 75/21 u ` - C_CAAfb '!1 q.:, s - 5 YA2. ` _A, r i ot - --.^ alkier) . 2-_-__.3_1_5 ( 1 -5 5,3t cjo4' 39,( -C to Mi• .. =t at& . 9 . i77 G e. 4 . .. [ Ltylt-n5 • Q C'i< ; - 90_5- g3 -3 mg romme. - tral . -.. r MJ .._ `T F , I D fZ 9 b s 357 -07F _..._.L.-4. , _ ir _:,,, �'� ssi 5 9 5-7 ,/ 7 /(, 4/,‘7) 7D._S .3511 -- 97 (ic Pmt ,g -i..) .2./0- 17 5 9 s 3 ,-J , ., G`:�i , qo J - c? 7/ - 37R: Y s �= y 5 as- t (� �ti� , ' , 4 /- /Y,g ) //-7 5--4 3 » g7 - 1,1 ) J' . mss 9 - -3 - 3 ' - h/ /S7) h io r-- L R oc c_ �> . c./ t -it z..Lc, e �� e � -) 3 vim a q ? «z & �- 4{ 3 8/ k- - - G3-� U' / E.- O E_ r t _ a 0 `to S- 3 kt - (. « '/ ga5 e4- . VO &427 t - (L. eTh. i - - t ' r . I L e f2,5: H . E5 ' rte ''/ . O , _ . ,c,...., 0 , 3� -, 1 a - x . ' - -t ~ • . 9 05-374-774 cia ` 1 fig 7, A'' r_ A ,„ , x -)3 t et - tuBr sla its & MIMI I le �r / 1--t kl, t SU1\ i _, 1r . • 0 �� - . -� rrLii� It �t� Act q - ' �( • �� ii a QIt�I ; u 351 a�'( i7"1 £ ft �C R L z - / 6?,9 p.. tJ,i� ciP! 4 , • a, 1_ 705 (dv ` J eD ft•Apz71-t* 49 cC.sTLFt au> CbOs2,{ (,'75a 99 A ... 1 4 - � �� ..."...1... ._ 1�. ; ar } e1 4 U I► 9' � / -711 65 794 VfVL.)- (2/9/2011) Dean lorfida - FW: medical building 5547 Portage Rd Page 1 From: "Wayne Thomson" < wthomson @fallsviewgroup.com> To: <diorfida @niagarafalls.ca> Date: 2/9/2011 10:48 AM Subject: FW: medical building 5547 Portage Rd Original Message From: wjmcburney @cogeco.ca [mailto:wjmcburney @ cogeco.ca] Sent: February 8, 2011 2:22 PM To: ioannoni @niagarafalls.ca Cc: joycemorocca @niagarafalls.ca; wgates @niagarafalls.ca; wmaves @cogeco.ca; vince @loverlookingthefalls.com; Victor Pietrangelo; Janice Wing; wthomson @fallsviewgroup.com; wjmcburney Subject: RE: medical building 5547 Portage Rd We appreciated your input regarding our situation. You have probably heard that they have come back with a 3 storey plan. The real concerns are still with our privacy, green space, snow removal, fencing, hours of operation , the possibility of a "meth" clinic going in there and just the outright fibs that they have been saying. The last public meeting we were at they said well weither we build 3 storey or go with 5, also they said they had so many doctors already interested, now they are saying they will have to take whatever wants to come in just to pay the mortgage. We confronted them about the clinic and they didn't give us a straight answer. They also said that the plans they had were not what the building would look like, why on earth would you pay to have plans done if that wasn't what you were going to build, when we questioned this, they said it was just for our benefit - didn't get that at all. All the neighbours feel that once they get the okay , they will do exactly what they want not what is best for our neighbourhood, thanks, Gayle Hendershot - Hoover and Jim McBurney NiagaraFalls February 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -09 AM- 2010 -024, Zoning By -law Amendment Application 5043 Centre Street Applicant: Ann Louise De Giorgio Elimination of Parking Requirements for Certain Uses RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal PD- 2011 -09 That Council approve the request to eliminate required parking, contingent upon the parking shortfall of 10 spaces being made up through a payment of cash -in -lieu of parking. The applicant has requested a zoning amendment to exempt a wide range of uses, including restaurants, from providing required parking. The proposal involves the redevelopment of a property containing an older home formerly used as a restaurant. The older home is intended to be demolished and replaced with a new building to be used as a restaurant. Based upon the current policies, staff can support the reduction in parking based upon the following: • the Official Plan provides for reduced parking standards subject to a comprehensive review; the City's recently completed Parking Demand Analysis for the central tourist area recommends a reduction in parking for certain uses, but does not support a total exemption; and the property is located in an area where cash -in -lieu of parking can be provided for any shortfall of parking. It is the intent that such funds be collected over a 5 -year period with the intent of the funds to assist in constructing additional parking facilities in the future. An amendment is requested for 701 square metres (7545 square feet) of land known as 5043 Centre Street (see Schedule 1). The subject lands are zoned Tourist Commercial (TC) by By -law No. 79 -200. The applicant is requesting the same zoning regulations that February 14, 2011 - 2 - PD- 2011 -09 apply to TC zoned lands fronting onto Ferry Street to be applied to the subject lands, which exempt certain uses including restaurants, most retail stores, personal service shops and various services from requiring the provision of parking. In addition, the applicant is requesting regulations that would allow a required loading space to be 6 metres in length rather than 9 metres and the required exterior side yard setback to be established at the limits of Ellen Avenue after the road widening that is needed rather than the widening that is currently protected. Schedule 2 shows details of the proposed 140 seat restaurant on the property. Site Conditions and Surrounding Land Uses The subject lands are occupied by a vacant building (a former dwelling that had been used as a restaurant) and a gravel parking area that accommodated about 12 vehicles. The subject lands are completely surrounded by tourist commercial uses including commercial parking lots, hotels, motels, restaurants and bars. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara - No objections from a Provincial and Regional perspective. • Transportation Services Do not support the proposal to entirely relieve uses on the site of their parking requirements. As redevelopment continues in this area, it is anticipated the City will at some time need to construct additional parking facilities which need to be funded through cash -in -lieu of parking. Staff support allowing this development to be subject to the recommended parking rates per the Tourist Area Parking Demand Study with an additional parking requirements met through cash in lieu of parking contributions. A 1.52 metre road widening is required along the length of the Ellen Avenue frontage of the property. In addition, a 5 -metre by 5 -metre daylight triangle is required at the corner of Ellen Avenue and Centre Street. • Landscape Architect No objections. At the site plan stage a landscape plan prepared by a landscape architect will be required. Cash -in -lieu of parkland dedication (2 %) will also be required as determined by an appraisal. • Legal Services, Municipal Works, Fire Services, Building Services No objections. February 14, 2011 - 3 - PD- 2011 -09 Neighbourhood Open House A neighbourhood open house was held on January 11, 2010. No members of the public attended the meeting to hear about the proposal or express comments. ANALYSIS Official Plan The subject lands are designated Tourist Commercial in the Official Plan and are part of the Clifton Hill Tourist Subdistrict. Lands in this district are intended to be used for a wide variety of tourist related uses. The Official Plan envisions the establishment of an integrated people mover system supported by strategically placed parking garages as well as parking lots. The Official Plan provides for reductions in parking requirements for individual retail or entertainment uses, but they are to be determined through a Transportation Master Plan update. A Tourist Area Parking Demand Study was completed last year as part of the Transportation Master Plan Update. A staff report on the study was deferred by Council to allow further consultation with the public and tourist operators, which will be done in the near future. This comprehensive study recommends that parking requirements for individual restaurants, retail stores and various attractions be significantly reduced, but not eliminated. Although the Study has not yet been endorsed by Council, the findings still serve as an indication of the need for parking and the more lenient provisions of the study have been applied in the analysis of this application. Zoning By -law The applicant has requested the same parking exemptions that were approved in 1981 for Tourist Commercial (TC) zoned lands along Ferry Street. This specific zoning exempts approximately half the uses permitted in the TC zone from having to provide parking spaces. Hotels, motels and ancillary residential uses are not exempted from parking requirements. Despite not being in the specific zoning area, exemptions from parking were granted by Council for Antica Pizzeria (5785, 5791 and 5803 -5805 Victoria Avenue) and the plaza at 5930 -5936 Victoria Avenue in 2010, without the requirement of payment of cash -in -lieu of parking. The City undertook a Tourist Area Parking Demand Study to determine the actual parking requirements for commercial uses in the tourist core in order to address the fact that some tourists visiting the City are day- trippers and others stay overnight in hotels /motels. The Study found that some visitors drive to restaurants and other businesses in the area while others walk to the businesses. Accordingly, the Parking Demand Study recommended reductions in parking ratios for many of the uses within the tourist core, including restaurants. This Study was consistent with the Official Plan which provides that parking reductions are to be determined as a result of a comprehensive study. This is the most up- to -date information available. February 14, 2011 - 4 - PD- 2011 -09 Current zoning standards would require a total of 28 spaces for the proposed restaurant. The Tourist Area Parking Demand Study recommends a standard of one (1) parking space per 10 seats in a restaurant. Based on the recommended standard, a total of 14 parking spaces would be required for the restaurant. The site plan attached to this report shows that six (6) spaces can be provided on the property, however; one (1) space will be lost due to road widening and one space for a loading area. Staff recommends that the parking requirement be reduced down to one (1) space per 10 seats and that the shortfall (10 spaces) be addressed through a payment of cash -in -lieu of parking. Section 40 of the Planning Act, allows for an opportunity for relief from a parking requirement of a municipal by -law, in the form of a cash -in -lieu agreement. Cash -in -lieu of parking has been used for other properties in this area that cannot provide the required parking for uses on the property. The current rates for cash -in -lieu are $12,000 per parking space, which represents 50% of the actual cost of a parking space and will cost the applicant $120,000. Although not requiring cash -in -lieu for this property may seem insignificant, as pointed out by the Transportation Services comments, waiving cash -in -lieu requirements will compromise funding when the municipality is required to construct additional parking in the future. Planning staff has no concerns with the other site specific standards sought by the applicant. The applicant proposes a loading area 6 metres in length whereas 9 metres is required by the by -law. The reduced length can be supported because the applicant uses vans for deliveries which can fit in a reduced loading area. The applicant has also requested the minimum setback from the original centreline of Ellen Avenue be reduced from 10 metres to 7.62 metres. This will establish the exterior side yard setback at the lot line after the necessary road widening is dedicated. There are no concerns as the reduced setback protects sufficient land for the required road widening along Ellen Avenue. FINANCIAL IMPLICATIONS The City recently undertook the Tourist Area Parking Demand Study. Implementation of further relief may result in parking shortfalls in the tourist areas with the financial onus of providing parking facilities falling on the City. Therefore, the staff recommendation supports the proposal, subject to the requirement of cash -in -lieu of parking to address the shortfall of parking and implementation over a 5 -year period. CITY'S STRATEGIC PRIORITIES The redevelopment of the subject property represents a positive development that is supported from a land use planning perspective. The redevelopment will satisfy Council's strategic priority by providing infill development within the tourist core that utilizes existing infrastructure capacity. February 14, 2011 - 5 - PD- 2011 -09 The adherence to the cash -in -lieu parking policy is in keeping with the strategic priority of Convenient, Accessible and Sustainable Transportation, which indicates that the municipality continue the parking operations user -pay philosophy. LIST OF ATTACHMENTS ► Schedule 1 - Location Map • Schedule 2 - Site Plan Recommended by: Respectfully submitted: Alex Herlovitch Director of Planning, Building & Development Ke Todd, Chief Administrative Officer A. Bryce: mb Attach. S: \PDR\2011 \PD- 2011 -09, AM- 2010 - 024,5043 Centre St, Anna Louise DeGeorgio.wpd ze< February 14, 2011 - 6 - SCHEDULE 1 PD- 2011 -09 Location: 5043 Centre Street Applicant: Ann Louise De Giorgio L©CATI ©N MAP Amending Lite Zoning By -law No. 79 -200 January 2011 AM- 2010 -024 February 14, 2011 - 7 - SCHEDULE 2 PD-2011-09 t 0 I ' / , , I — - Sttr.,e, ' . CENTRE at, g2 &5,,t• 4&4 ONIC itICC TO 415 ti Vret 0.41m1 x8 V g) CY) g II ut, V NI. o STREET z w - J - J w w w z z uJ g NiagaralW Region January 28, 2011 File: D.18.04.ZA -04670 Mr. Andrew Bryce Planner 2 City of Niagara Fails 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Regional and Provincial Comments Zoning By -law Amendment Application, AM -2010 -024 5043 Centre Street, Applicant: Ann Louise De Giorgio City of Niagara Falls Planning n ed File. / {'L( Clerks PUBLIC WORKS DEPARTMENT Development Services Division 2201 St, David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 - 685 -4225 Tol I- free:1- 800 - 263 -7215 Fax: 905- 687 -8056 www.niagararegion.ca Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The application is requesting to exempt specific uses, including the proposed restaurant, from providing parking. In addition, the application proposes to reduce the length of the required loading space and to reduce the building setback from Ellen Avenue. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed zoning amendment application. The subject property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan and within the Built Up Area according to Amendment 2- 2009. The property is designated "Tourist Commercial" in the City's existing Official Plan. A range of industrial, commercial, and residential uses are permitted within the Urban Area and Built Up Area. The zoning amendment will facilitate the redevelopment of the property to allow a restaurant use on the property. This is consistent with Regional policy, which supports and encourages the continued expansion and development of opportunities related to tourism and recreation within the urban area. From a land use perspective, the proposal does not conflict with the Urban Area or the Built Up Area policies of the Regional Policy Plan. Regional staff has no objections to the proposal from a Provincial or Regional perspective. However, the City should be satisfied that any local concerns are adequately addressed and that the proposed parking exemptions are appropriate. Building Community. Building Lives. FEB 0 4 2011 Pi_A'NIfiNG & DEVoF- LoPMENT 2 Please call me at extension 3430 or Marilyn Radman, Manager of Development Planning, at extension 3485, if you have any questions or wish to discuss these comments. Please send notice of Council's decision on this application. Yobs truly, eresa Gray, M { 1' , RPP Planner L:1Gray- TeresalNIAGARA FALLS\ZONING AMENDMENTS15043 Centre Streett5043 Centre Street comments.docx PD- 2011 -10 NiagaraFON February 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -10 AM- 2010 -023, Zoning By -law Amendment Application 6501 Dunn Street Applicant: Carmine Spadafora Proposed Semi - Detached Dwelling RECOMMENDATION That Council approve the application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the construction of a semi - detached dwelling, subject to the regulations addressed in this report. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit a semi - detached dwelling to be constructed on the property. This request can be supported because: • the proposal represents a modest intensification of use as supported by Provincial policies; • the dwelling is supported by the Official Plan in that it is a form of low density housing that is compatible with surrounding development; and, • the dwelling will be compatible with surrounding dwellings in terms of form, massing and setbacks and will comply with the recommended zoning regulations. BACKGROUND Proposal An amendment is requested for a 800 square metre (8609 square foot) parcel of land known as 6501 Dunn Street (see Schedule 1). The applicant is requesting a zone change to permit a semi - detached dwelling to be constructed on the land. The current Residential Single Family 1C Density (R1 C) zoning of the property only permits single detached dwellings. The applicant is requesting the zoning of the property to be changed to the Residential Single Family and Two Family (R2) zone, which permits semi- detached dwellings, and site specific provisions reducing the required lot frontage from 18 metres to 16.6 metres, reducing the side yard setback for a 2 storey dwelling from 1.8 metres to 1.2 metres and establishing a front yard setback of 9 metres. Refer to the attached Schedule 2 for further detail. February 14, 2011 Site Conditions and Surrounding Land Uses The subject land is vacant. A shallow gully traverses the property from east to west, gently sloping to the property to the west. The land is bounded by single detached dwellings to the east, west and south. A hydro corridor lies to the north of the subject land. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara No objections from a Regional or Provincial perspective. The proposed zoning would help the City meet the intensification goals of the Region and Province. Municipal Works No objections. A site grading plan is to be prepared and submitted for approval at the Building Permit stage to ensure grading and drainage does not adversely impact on surrounding properties. Parks and Recreation - 2 - PD- 2011 -10 No objections. Cash -in -lieu of parkland dedication and the planting of boulevard trees in accordance with City standards to be secured. Transportation Services, Legal Services, Building Services, Fire Services No objections. Surrounding Neighbours A letter received from surrounding neighbours is included in Council's agenda. The letter raises concerns about traffic, servicing, flood potential and a former well located in the area, as well as questioning the need for the proposed zoning. (Note: Municipal Works' requirements for a grading plan at the building permit stage should address drainage concerns. Municipal Works also notes that no sewage backup problems have been confirmed at this location. The Ministry of the Environment reports that they have no record of a well on the property.) Neighbourhood Open House A neighbourhood open house was held on January 5, 2011. No neighbours were in attendance to hear about the proposal or to ask any questions. February 14, 2011 - 3 - PD- 2011 -10 ANALYSIS 1. Provincial Policy Statement The Planning Act requires City planning decisions to comply with Provincial Policy. The Provincial Policy Statement directs municipalities to facilitate different forms of residential intensification and encourages a mix of housing types. The proposed semi - detached dwelling is a form of residential intensification promoted by the Province. 2. Official Plan The property is designated Residential in the Official Plan which permits a range of housing types. Low density forms of housing such as single detached, semi- detached, duplex, and triplex dwellings provide the majority of residential accommodation in the City. New residential development is to be integrated to achieve compatibility and sensitivity with surrounding development. The proposed semi - detached dwelling complies with the Official Plan as follows: 3. Zoning By -law The dwelling is a low density form of housing that is promoted by the Official Plan. The property is located on a collector road where intensification is promoted. The proposed semi - detached dwelling represents a modest form of residential intensification. The proposed dwelling is compatible with the neighbourhood in terms of massing, setbacks and appearance. The dwelling is generally consistent with surrounding properties in terms of building height, front yard setbacks, coverage and landscaping. Municipal services and surrounding roads can support the proposed semi- detached dwelling. The requested R2 zoning permits single detached and semi - detached dwellings. The built form regulations of the R2 zone regarding building height, setbacks, coverage and landscaped open space are the same as the current R1 C zone. Two parking spaces are proposed in conformity with by -law standards. Other than the matters discussed below, the proposed dwelling meets R2 standards in terms of building height, setbacks and coverage. A reduction to the minimum lot frontage requirement from 18 metres to 16.6 metres is required to recognize the frontage of the lot. Provided minimum setbacks and maximum lot coverage regulations are maintained, this reduction does not have any impacts. When a dwelling is proposed to be built on a lot located between two existing dwellings, the by -law requires the new dwelling to be set back the average of the front yard setbacks of the front walls of the two adjacent dwellings. The applicant proposes to construct the dwelling within 9 metres of the front lot line. The February 14, 2011 - 4 - PD- 2011 -10 proposed dwelling lines up with the front wall of the dwelling to the west and the front porch of the dwelling to the east, as seen on Schedule 2. This reduction does not appear to disrupt the established streetscape and therefore can be supported. The applicant has also requested that the side yard setback for a 2 storey dwelling be reduced from 1.8 metres to 1.2 metres (the same setback as a one storey building). Properties in this area typically are bungalow or split level dwellings with generous side yard setbacks. A 2 storey dwelling even with the standard side yard setbacks would be somewhat out of character with the surrounding development. Planning staff recommends the side yard width be kept at 1.8 metres for the 2 storey portion of the dwelling and the design of the dwelling be modified to comply with its fit with the existing built form. FINANCIAL IMPLICATIONS The proposed semi - detached dwelling will generate development charge contributions for the City. CITY'S STRATEGIC PRIORITIES Approval of this application will satisfy Council's strategic priority of providing residential intensification and permitting infill development that takes advantage of existing infrastructure capacities. LIST OF ATTACHMENTS • Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended By: Respectfully Submitted: A.Bryce:sa Attach. /, ez- f ? C GS S: \PDR\2011 \PD- 2011 -10, AM- 2010 -023, 6501 Dunn St, Carmine Spadafora.wpd C - Alex Herlovitch Director of Planning, Building & Development Kin Todd, Chief Administrative Officer February 14, 2011 - 5 - SCHEDULE 1 PD-2011-10 Subject Land OUNri•Si 6501 Dunn Street Carmine Spadafora flJN 'r December 20 1.0 AM-2010-023 February 14, 2011 - 6 - SCHEDULE 2 PD-2011-10 INfl 3D1YMP3S 0393138d ti CK z to 4. -d n Cl_ _.-1 • v 0_ — Z1.13TS DRUMMOND ROAD - _ V-10-111SW 01 103P0fg MC'S 4Crrl FY9'01 *99'11 69 1-1 1 1 911 NYld 9 101 20 'TS --- • • • . -- • N 13 c ID ID Niagara Region January 18, 2011 Files: D,18.04.ZA -04664 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce. Re: Regional and Provincial Comments Zoning By -law Amendment Application, AM -2010 -023 6501 Dunn Street, Proposed Semi - Detached Dwelling City of Niagara Falls Building Community. Building Lives. PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 -685 -4225 To I l- free:1 -800 -2 63 -7 15 Fax: 905- 687 -8056 www.niagara regi on.ca RECEIVED JAN 192011 PLANNING & DEVEL.QPMEN r Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The purpose of the application is to rezone the vacant property from the Residential Single Family 1C Density (R1C) zone to the Residential Single Family and Two Family (R2) with site specific provisions reducing the lot frontage, the side yard and establishing a 9 metre front yard depth to permit the construction of a semi - detached dwelling. Regional staff offer the following Provincial and Regional comments to assist the City in considering the application. The property is located within the Built Up Area under the Places to Grow Growth Plan and a settlement area under the Provincial Policy Statement. The Provincial Policy Statement and the Places to Grow Growth Plan contain policies that direct growth to settlement /built up areas and support intensification. Under the Places to Grow Growth Plan, a minimum of 40% of all residential development occurring annually within the upper tier and single tier municipality will be within the Built Up Area. The 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. Regional Policy Plan Amendment 2 -2009 identifies the property as within the Built Up Area. Built Up Areas are lands within Urban Areas that will be the focus of residential and employment intensification and redevelopment within the Region over the long term. A minimum of 40% of all annual residential development in Niagara will be within the Built Up Area of Niagara's communities. The subject property is within an established residential neighbourhood where infrastructure, services and education facilities (Heximer Public School) are available nearby. An Ontario Hydro right -of -way of corridor abuts the rear of the property. The current zoning of the property 2 only permits a single detached dwelling on the property. The proposed zoning bylaw amendment would facilitate the development of a semi - detached dwelling on the property resulting in a higher density and a more efficient use of and and infrastructure. Further, it has been noted by a nearby resident that a well previously existed at the rear of the subject property and it is not known if it was properly decommissioned. Well owners are legally responsible for wells on their property, and should be familiar with the laws that affect them. The Ontario Water Resources Act - R.R.O. 1990, Reg. 903 sets rules for who can construct, work or decommission a well. The regulations provide that if a well is abandoned, that it occurs as outlined in the regulations. The owner is advised that more information in this regard may be obtained from the Ministry of the Environment. Conclusion Regional Development Services staff has no objections from a Provincial or Regional perspective to the proposed zoning bylaw amendment. The proposed rezoning would facilitate intensification by permitting the development of the property at a higher density than what is currently permitted. This will make efficient use of existing serviced land and help contribute to intensification targets established by Provincial and Regional policies. Please call me at extension 3430 or Marilyn Radman, Manager of Development Planning, at extension 3485, if you have any questions or wish to discuss these comments. Please send notice of Council's decision on this application. Yours truly, Teresa Gray, M fif IP, RPP Planner L:1Gray- Teresa \NIAGARA FALLSIZONING AMENDMENTS16501 Dunn Street16501 Dunn Street Comments.docx 02/08/2011 TUE 11:39 FAX 905 354 1272 Margaret Hoy 0001/001 Main Office 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Telephone: 905- 356 -7755 Facsimile: 905 - 356 -7772 February 8. 2011 BY FACSIMILE/MAIL Mr. Dean lorfida City Clerk City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Severance Application B -2010 -021 & Minor Variance Application A- 2010 -045 Samuel Navarroli — 8034 Biggar Road Severance Application B -2010 -023 Victor & Danielle Pietranoelo — 7999 Carl Road In connection with the above matters, I understand that they are coming to Council on February 14 to determine whether or not the City wishes to proceed with the appeals referable to same. Yours faithfully BNS /ab BRUIN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor sinclr @on.aibn.com BRIAN SINCLAIR PROFESSIONAL CORPORATION c.c. Mr. Samuel Navarroli Mr. & Mrs. Victor Pietrangelo Real Estate Division 5627 Main Street Niagara Falls, Ontario L2G 5Z3 Telephone: 905 -354 -0523 Facsimile: 905 - 354 -2576 PD- 2011 -12 Niagara,Falls February 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -12 Appeal of the Committee of Adjustment Decisions Consent Application B- 2010 -021; Minor Variance A- 2010 -045 8034 Biggar Road Applicant: Samuel Navarroli (Agent - Brian Sinclair) RECOMMENDATION That Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B -2010- 021 and Minor Variance Application A- 2010 -045. EXECUTIVE SUMMARY On January 25, 2011, the City's Committee of Adjustment approved Consent Application B- 2010 -021 and related Minor Variance Application A- 2010 -045 for minimum lot area which do not comply with the City's Official Plan, the Regional Niagara Policy Plan and Provincial Policy Statement and Growth Plan. It is noted that staff was directed by Council on January 17, 2011 to look into amending the Official Plan regarding severances for small parcels in the rural area. Staff will be providing a report to Council in the near future. Staff is seeking Council's authorization to proceed with the appeal to the Ontario Municipal Board. BACKGROUND The applicant owns 1.62 hectares (4.0 acres) of land located on the south side of Biggar Road, between Montrose Road and Crowland Avenue (see the attached Schedule 1- Surveyor's Sketch). An application for severance was submitted to the City's Committee of Adjustment to convey 0.81 hectares (2.0 acres) of land (Part 1) for a proposed single detached dwelling and to retain 0.81 hectares (2.0 acres) of land for continued residential use and contains an existing dwelling (8034 Biggar Road). An accompanying Minor Variance application was submitted for lot area because neither the retained nor severed lots comply with the minimum lot area requirement. The Committee of Adjustment granted approval of the application at the Public Hearing on January 25, 2011 contrary to staffs report. Staff recommended the application not be approved for several reasons. The lands are located outside of the Urban Area Boundary. The application does not comply with the Provincial Policy Statement (PPS) which requires prime agricultural lands be preserved. Moreover, the PPS prohibits the creation of new residential lots in prime agricultural areas except for the purpose of serving a surplus farm dwelling. February 14, 2011 - 2 - PD- 2011 -12 The approval of Consent Application (B- 2010 -021) is contrary to the Regional Policy Plan and City's Official Plan. The Regional Policy Plan designates the subject land Good General Agricultural, in part, and Environmental Conservation Area, in part. The City's Official Plan designates the lands as Good General Agriculture. Both the documents do not permit creation of new lot for non agricultural use. The proposed lot does not comply with the City's Zoning By -law No. 1538's requirement for lot area. As per the Zoning By -law the lot must have a minimum area of 1.2 ha (3.0 acres), whereas the proposed lots would each have a lot area of 0.81 ha (2.0 acres). A concurrent Minor Variance Application (A- 2010 -045) was approved by the Committee of Adjustment at the same meeting to satisfy a condition of provisional consent. The reasons stated for the Committee's decision was that the creation of the parcel is appropriate and consistent with the immediate area and the creation of the parcel would have minimal negative impact on agricultural uses. Staff appealed the Committee's decision of application A- 2010 -045 to the Ontario Municipal Board to meet the February 14, 2011 deadline. Staff is seeking Council's concurrence and authorization to proceed with an appeal of the Committee's decision to approve application B- 2010 -021 on the basis that the application: • is contrary to the City's Official Plan; • does not comply with the Regional Policy Plan; • does not comply with the Provincial Policy Statement; and • approval could set an inappropriate precedent. A copy of this report has been provided to the applicant's agent who has been advised that Council will be considering the matter tonight. CITY'S STRATEGIC PRIORITIES The severance conflicts with the City's policy of protecting prime agricultural areas and directing non -farm development to urban areas. LIST OF ATTACHMENTS • Schedule 1 - Surveyor's Sketch Recommended by: Respectfully submitted: S.Scerbo Attach. S: \PDR\2011 \PD- 2011 -12, B- 2010 -021 & A- 2010 -045, Appeal to OMB.wpd Alex Herlovitch Direptorj of Planning, BI!yllding & Development erf Todd, Chief Administrative Officer February 14, 2011 fl z 0 L,J u - 3 - SCHEDULE 1 atrOZI IffNESIN 99 t' tOZ 091 . !.OL 119:10Z 71. a 0 z tj ) Ck% PD-2011-12 L PD- 2011 -13 NiagaraJalls February 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -13 Appeal of the Committee of Adjustment Decision Consent Application B- 2010 -023 7999 Carl Road Applicant: Danielle & Victor Pietrangelo (Agent - Brian Sinclair) RECOMMENDATION That Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B -2010- 023. EXECUTIVE SUMMARY On January 25, 2011, the City's Committee of Adjustment approved Consent Application B- 2010 -023 which does not comply with the City's Official Plan, the Regional Niagara Policy Plan and Provincial Policy Statement and Growth Plan. It is noted that Council directed staff on January 17, 2011 to look into amending the Official Plan regarding severances for small parcels in the rural area. Staff will be providing a report to Council in the near future. Staff is seeking Council's authorization to proceed with the appeal to the Ontario Municipal Board. BACKGROUND The applicant owns 25.658 hectares (63.37 acres)of land located at the northeast corner of Carl Road and Misener Road (see the attached Schedule 1- Surveyor's Sketch). An application for severance was submitted to the City's Committee of Adjustment to convey 2.08 hectares (5.13 acres) of land (Part 1) for continued residential use and contains an existing dwelling (7999 Carl Road) and to retain 23.57 hectares (58.24 acres) of land for future residential use. The Committee of Adjustment granted approval of the application at the Public Hearing on January 25, 2011 contrary to staffs report. Staff recommended the application not be approved for several reasons. The lands are located outside of the Urban Area Boundary. The application does not comply with the Provincial Policy Statement (PPS) which requires prime agricultural lands be preserved. Moreover, the PPS prohibits the creation of new residential lots in prime agricultural areas except for the purpose of serving a surplus farm dwelling. February 14, 2011 The approval of Consent Application (B- 2010 -023) is contrary to the Regional Policy Plan and City's Official Plan. The Regional Policy Plan designates the subject land Good General Agricultural, in part, and Environmental Conservation Area, in part. The City's Official Plan designates the lands as Good General Agriculture. Council recently adopted Natural Heritage Policies (OPA No. 96) which will designate the rear portion of Part 2 Environmental Protection Area. Both the documents do not permit creation of new lot for non agricultural use. The reasons stated by the Committee for their decision was that the creation of the parcel is appropriate and consistent with the immediate area and the creation of the parcel would have minimal negative impact on agricultural uses. Staff is seeking Council's concurrence and authorization to proceed with an appeal of the Committee's decision to approve application B- 2010 -023 on the basis that the application: is contrary to the City's Official Plan; does not comply with the Regional Policy Plan; does not comply with the Provincial Policy Statement; and approval could set an inappropriate precedent. A copy of this report has been provided to the applicant's agent who has been advised that Council will be considering the matter tonight. CITY'S STRATEGIC PRIORITIES The severance conflicts with the City's policy of protecting prime agricultural areas and directing non -farm development to urban areas. LIST OF ATTACHMENTS ► Schedule 1 - Surveyor's Sketch Recommended by: Respectfully submitted: S.Scerbo Attach S: \PDR\2011 \PD- 2011 -13, B- 2010 -023, Appeal to OMB.wpd - 2 - PD- 2011 -13 Alex Herlovitch Director of Planning, Building & Development Ken PTodd, Chief Administrative Officer February 14, 2011 - 3 - SCHEDULE 1 (71f02I 7XV0 (wow nt a 'x) (over 74IPIVW fa cwr t aM1n59.1112, Nuas zenrorry or m) —' sri 005 '- SS6'L91 'in' V 4l8'LPL ft: L .d'. rYH W'3 YYbr7 d aVa I isVa 1 1 lads t 4 lbYd i s laY •ss E09E i ?J6S rJV .a PD- 2011 -13 Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: February 14. 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Request for Reimbursement of Specific Location Daily Sales Licence The organizers of the Niagara Romance and Sex Expo have requested reimbursement for a business licence they were required for their recent event. The background is attached but in brief: ✓ The event had commercial vendors selling their wares and /or services. ✓ As a result, a Specific Location Daily Sales (SLDS) licence was required. ✓ One of the rationales of the SLDS licence is to protect comparable local businesses. who are paying fixed costs such as property taxes, utilities etc. ✓ Although the majority of vendors at the event were from Niagara, they were not necessarily from Niagara Falls. ✓ the SLDS requires charitable groups to pay for a licence too, albeit at a lesser rate. The Rotary Clubs, Lions Club. Woodworkers. Train Museum and Coin Show have all abided by this licence requirement. without dispute. ✓ The organizers charge the vendors for the right to attend the event. ✓ It is the organizers responsibility to find out about all applicable fees when budgeting and determining the viability of their proposed event. ✓ If they had investigated any fee requirements at the outset, they would have easily been able to absorb the licence cost in what they charge the vendors, which is what most event organizers of this kind do. ✓ Judging by their budget. the organizers expended more on other aspects of their event. ✓ The fee is a nominal $150. ✓ Although a grant by Council equal to the licence amount would be nominal, it would set a precedent for other groups /individuals. Working Together to Serve Our Community Feb.4` 2011 Dear Mr. lorfida ATT: Mayor Jim Dioditi & Members of Council This letter is to bring to the attention of the above noted a dispute regarding Specific Location Daily Sales Schedule 26 to By -law 2001 -31, with clarification and reasons our request for forgiveness to the City of Niagara Falls Council (to be placed on agenda for Febl4th.regular scheduled meeting) in regards to the $150 license we had to acquire to host a recent event in support of a non -profit organization, W.A.R.M (Women "s Addiction Recovery Mediation). W.A.R.M"s mandate is to offer support for women and families in abusive situations to build better communities. We ask for "forgiveness" of the $150 licensing fee (which we paid on Feb.4 201 1) for the following reasons: 1. This event is hosted purely to support W.A.R.M financially. Neither myself, nor my partner Donna Panetta will be compensated financially' from hosting this event. Any income acquired through the event will be applied to expenses including: location rental fees, advertising. marketing, print etc) and any profit, if at all. is donated directly back to support VV.A.R.M. 2. The $150 licensing fee is directly coming out of the profits of which we would have been donating to W.A.R.M Our final financial statements for the event should be completed and can be made available to council to review upon request. 3. We approached the town simply to inquire whether there were any specific by -laws and at which time Mr. lofidi noted w e would be required to purchase the Specific Location Daily Sales License, and also noted to us in print that this by -law is enforced only when they are made aware of the events. This does not seem fair at all, and although we are not wishing to jeopardize any other events hosted of this nature, it seems rather strange that not one hotel /motel or non — profit we inquired with knew anything of such by -law (not even our host location Americana Conference Resort & Spa) who has never had to acquire such. It should also be noted that Americana has held many such type events of the same nature on- site, and we have attended these and these events have also never required this license. 4. This event supports 95% Niagara businesses, including our host location Americana Conference Resort & Spa which is a large commercial /tourism tax property. This event also attracts many visitors to our city on the event day and helps other local Niagara businesses with food, shopping and accommodation spin -offs. 5. We requested a copy of the by -laws and upon review feel that we do qualify for exception under section 3. (2); as well as for the reasons listed above. 6. We respectfully ask for Council's forgiveness of this $150 licensing. which both Donna and myself have paid from our own personal pockets, as we currently running this event at a deficit, and has been added to the expenses on our financials. Although we did have a choice not to pay and face the risk of a penalty day of event it was important that we abided the City's request. 1 This by -law acts as a strong deterrent and disparages citizens from considering fundraising in support of the many needy causes and organizations we have across Niagara through events such as this one. With Niagara facing high un- employment, job losses, and over extended use of our shelters and food banks, it is our opinion that the The City of Niagara Falls is acting in poor judgement, by directly making profit from a non -profit event, and that this By -law desperately needs to be reviewed to ensure continued support of our non - profits and charities throughout the City of Niagara Falls. Thank you kindly for your time and consideration on this matter. S incerely Carrie Matthews Donna Panetta Attached- Letter of support from W.A.R.M 2 a r yeomen's add■ct:on recovery methatron January 27, 2011 Dean Iorfida City Clerk Niagara Falls City of, Mr. Iorfida, Women's Addiction Recovery Mediation P.O. Box 62, Fort Erie, Ontario. L2A 5M6 p. 905- 871 -9195 f. 905 - 871 -3359 info@warmniagara.org www.warmniagara.org On behalf of warm (Women's Addiction Recovery Mediation), I am writing this letter in support of Power to You Productions, the organization hosting the 2nd Annual Niagara Romance and Sex Expo on February 6 at the Americana in Niagara Falls. We understand that you are requiring a "Sales License" at the cost of $150.00 in order for them to do this event. As the not for profit organization that is profiting from this event, we feel that this would be cutting into our profit for the day. The Power Two Productions are selling for a charitable or not profit cause. WARM has been providing programs in the region since 1991 and without our community supports such as The Power Two Productions, we would not be able to continue to offer our valuable programs and services. The generous donation from this event will allow us to continue doing what we are doing, helping the women of warm and their families in Niagara Falls. Our Women's Support Group meets bi- weekly at YWCA on Culp Street from 6:30pm till 8: OOpm. This is a central location with a bus stop in front of the door which allows our women better access to our programs. I am enclosing a warm brochure, a schedule of our Women's Support Group meetings and flyers about our upcoming events. One of our staff would be quite willing to come and speak to your group at any time about what warm does and maybe have one or two of our women give testimonials. Warm regards Claire Claire Duthie Program Director warm (Women's Addiction Recovery Mediation) 905 - 871 -9195 xt 822 Claire.d @warmniagara.org loam is dedicated to improving the quality of life for women and their families waun is committed to addressing addiction issues in ways that lead to promoting healthy communities " +"- Bi ngo (2/8/2011) Dean lorfida - Re: Americana event this weekend Page 1 From: Dean Iorfida To: Carey Campbell CC: Franco Piscitelli; Jim Diodati; Lydia Picca Date: 2/1/2011 2:33 PM Subject: Re: Americana event this weekend Ms. Matthews is aware of the requirements of a Specific Location Daily Sales licence. I have had communications with her and her partner, Donna Panetta on this matter. Emails cut and pasted below. This event has commercial vendors who will be selling their wares and /or services. The organizers would be charging vendors for the right to attend the event. A number of the vendors would be from out of town. One of the rationales of the SLDS licence is to protect comparable local businesses, who are paying property taxes utilities etc. Whether the organizers are choosing to donate any of their proceeds is irrelevant. A licence is required. It should also be noted that the SLDS requires charitable groups to pay for a licence too, albeit at a lesser rate. The Rotary Clubs, Lions Club, Woodworkers, Train Museum and Coin Show have all abided by this licence requirement, without dispute. I appreciate that the organizers may not have contemplated this municipal license fee in their budgeting, however, it is their responsibility to find out about all applicable fees when budgeting and determining the viability of their proposed event. If they had investigated any fee requirements at the outset, they would have easily been able to absorb the licence cost in what they charge the vendors, which is how most event organizers of this kind do. The fee is a nominal $150. Judging by their budget, the organizers are expending more on other aspects of the event. The organizers certainly wouldn't expect to get the rental of the hall for free, which I see they are paying $1,000 for, why should they expect the licence requirement to be free? All event organizers should plan some contingencies into their budgeting. Staff does not have any authority to unilaterally waive the by -law requirement. I agree with your suggestion that they pay now and ask for a waiver from Council later. Finally, the police will not shut down the event but we could send out by -law to charge for operating without a business licence. Thanks Dea n » » » » » » »» » »»» » » » » » » » » » » » » » »» » » » »» > Donna: Thanks for your patience. The section of the by -law contemplates a licence to individuals /groups conducting a Specific Location Daily Sales and Charitable Groups, as well. The requirement of a licence, and requisite fee, is confirmed by the fee schedule in the By -law. City staff have been consistent in requiring a licence and charging a fee to private individuals, like yourself, and charitable or not - for - profit groups, such as the Rotary Clubs, Lions Club, Woodworkers, Train Museum and Coin Show. In the latter cases, although the event is hosted by a recognized charitable groups, there are vendors present that are selling for a profit; therefore, section 3 of the (2/8/2011) Dean lorfida - Re: Americana event this weekend Page 2 schedule does not apply. Although it may be your intention to give some proceeds to various charitable groups, that is strictly your own decision. The nature of the event is a specific location daily sales event and the way our by -law is written requires a licence. Once again, I would argue that the fee is nominal. Thanks Dean Donna /Carrie: Thank you for your email. I appreciate your concerns, however, we are pretty consistent in charging a specific location daily sales when such a sale /show comes to our attention. Charities and Not for Profits like the local Woodworkers Association, Lions Club Flower Shows and the Railroad Museum have held shows and paid the requisite fee, not to mention more commercially oriented ventures. Usually when a show of this nature has vendors, the licence cost is taken into account in the fee charged to the vendors. I appreciate this may be too late for you to do this but I would argue that $150 split between a number of vendors can easily be accommodated. The provisions of the Licensing By -law (see attached) for these type of sales were set up to protect existing local businesses that may have physical locations in our community (i.e. they pay property taxes, utilities etc.). If you wish to send me a list of the vendors and their location, I will have a look at it but I really don't have the authority to unilaterally waive fees. Finally, I am hopeful that your event will be such a success that the will be nominal. Thanks Dean »> Carey Campbell 2/1/2011 12:18 PM »> Hi Dean: Jim asked that I follow up with you on behalf of Carrie Matthews, one of the organizers of the Romance and Sex Expo at the Americana this weekend. She says that she has concerns with the ability of her organization to pay the licensing fee to the City. She says that her event doesn't have an account or a fund from which to pay this fee. She advises that she has been in touch with you back and forth, and only learned of the requirement to pay for the event license last week. She described the support she has in the community, from their not - for - profit partner, WARM and from the Americana. She advised that payment for the $150 licensing fee would come out of the donations to WARM. Please see their letter of support from WARM opposing the licensing fee, attached. I informed Carrie that our office would touch base with you to confirm the details. She was concerned that police might attend the event and shut it down, should she not pay the licensing fee. I provided her the following information: She is required to pay the licensing fee to the City of Niagara Falls. (2/8/2011) Dean lorfida - Re: Americana event this weekend Page 3 Enforcement for remittance of the licensing fee would not likely be undertaken by the Niagara Regional Police. After paying the fee, she is free to write a letter to Mayor and Members of Council, describing her situation, detailing how it is unique and requesting their forgiveness of the licensing fee, should she so choose. Contact info: Carrie Matthews 905 354 1332 knowit@ niagara.com Thank you for any follow up information you can provide. I trust that we have provided her the same information, to assist her in moving forward with her event. carey (2/8/2011) Dean lorfida - Specific Location + Fees.pdf In this Schedule, -76- SPECIFIC LOCATION DAILY SALES Schedule 26 to By -law No. 2001 -31 Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended (1) "specific location daily sales licence" shall mean a licence issued to every person who proposes to sell goods, wares and merchandise from a specific location within the Municipality on a specific day or for a limited number of days in the calendar year, and such sales may be either direct or by way of a sample or catalogue for delivery later; and (2) "charity or service club" shall mean an organization which performs services of public good or welfare without profit within the Municipality. (1) Every person, who proposes to conduct a daily sale in a specific location within the Municipality and who can prove to the Clerk within 24 hours of a demand by any Municipal Law Enforcement Officer or police officer that they have continuously resided within the Municipality for at least one year prior to the demand, shall be required to obtain a resident's specific location daily sales licence and pay a resident's licence fee in accordance with Schedule 1 to this By -law, (2) Every person who is a non- resident and who proposes to conduct a daily sale in a specific location within the Municipality, shall be required to obtain a non- resident's specific location daily sales licence and pay a non - Resident's licence fee in accordance with Schedule 1 to this By -law. (3) A charity or service club which holds, organizes or conducts a special sale for charitable purposes, may be permitted to obtain a charity or service club licence and pay a licence fee of $325.00 for the first 3 days and $50.00 for each additional day up to a maximum of $575.00 provided that it provide to the Clerk its Charitable Registration Number or proof in the form of a statement under oath, which shows the return of funds to the benefit of the inhabitants of the Municipality within the previous year. 3. No person is required to obtain a licence for specific location daily sales in accordance with the following: (1) by persons or their agents or employees who are wholesale or retail dealers in similar goods, wares or merchandise, and who operate in the Municipality; or (2) by persons who propose to conduct a daily sale in a specific location in the Municipality, who can prove to the Clerk within 24 hours of a demand by any Municipal Law Enforcement Officer or police officer that they have continuously resided within the Page 2 (2/8/2011) Dean lorfida - Specific Location + Fees.pdf _77- Municipality for at least one year prior to the demand, and who can prove to the Clerk within 24 hours of a demand that they are selling for a charitable or non - profit purpose. 4. Notwithstanding section 3, every person not requiring a licence pursuant to section 3 is required to comply with this Schedule, as amended, and shall be required to obtain an identification card from the Clerk and shall carry such identification card on his person when engaged in selling goods, wares and merchandise. 5. Every person applying for a licence or required to obtain an identification card under this Schedule and who intends to carry on business on lands not owned by the Municipality or by the person shall provide to the Clerk a copy of the written permission from the owner of the lands, stating the municipal address of the lands upon which the person has been granted the right to use said lands and the days on which the person is permitted to use the said lands for carrying on business. 6. No more than three persons shall be issued a specific location daily sales licence or an identification card for a specific location, and no person shall be issued a specific Location daily sales licence or an identification card within 200 metres of any business specializing, by a majority of its stock, in the selling of goods, wares, and merchandise similar to that of the proposed specific location daily sales Licence or the identification card. 7. No person required to be licensed or required to obtain an identification card under this Schedule shall carry on business on lands owned by the Municipality unless the person is participating in an event for which the Municipality has issued a "Road Use Special Events Policy Permit." 8. Every person required to be licensed or required to obtain an identification card under this Schedule shall at all times while carrying on his business have the licence or identification card with him and shall upon demand, exhibit it to any Municipal Law Enforcement Officer or police officer, and if the person fails to do so is guilty of an offence, unless the same is accounted for satisfactorily. 9. Every person required to be licensed or required to obtain an identification card under this Schedule shall at all times, while carrying on his business, have the written permission from the owner of the lands as required above with him, and shall, upon demand, exhibit it to any Municipal Law Enforcement Officer or police officer, and if the person fails to do so is guilty of an offence, unless the same is accounted for satisfactorily. 10. Every person, who is an agent or employee of a person required to be licensed or required to obtain an identification card under this Schedule, shall exhibit his licence or identification card when required to do so by any Municipal Law Enforcement Officer or police officer. 11. If a Municipal Law Enforcement Officer demands production of licence or identification card by any person to whom this Schedule applies, and the demand is not complied with, it is the duty of the Officer to issue a Part I under the Provincial Offences Act. Page 3 (2/8/2011) Dean lorfida - Specific Location + Fees.pdf Page 1 Public Halls (1) Grade I - Capacity (2) Grade II - Capacity 600 -999 (3) Grade III - Capacity 300 -599 (4) Grade IV - Capacity 299 -und Refreshment Vehicles (1) Motorized (2) Non - Motorized Restaurants Specific Location Daily Sales (1) Resident (2) Non Resident Tattoo and Body Piercing Parlours Theatres Therapeutic Massage Tourist Homes, Bed & Breakfasts Transient Traders (3) Charitable Groups I' 3 days Additional days - SI,000 + S40.00 S35.00 $30.00 er$25.00 S185.00 S100.00 S40.00 $150.00 $500.00 first day + an additional $1 00.00 per day (to a max. fee of $1,000.00 in one calendar yr.) $325.00 $50.00 per additional day (to a max. fee of $575.00 in one calendar yr.) $100.00 $110.00 $75.00 $40.00 + $10.00 per room $500.00 December 31 April 30 April 30 April 30 December 31 December 31 December 31 April 30 No expiry date NRSE budget - 2011 - Feb. 1/11 EXPENSES: ADVERTISING /MARKETING RADIO ADV. - GIANT FM NEWSPRINT AD - Business Link NTW Ad - Feb. 3 edition (NF) SBCN Membership Pulse Magazine ad Showguides Ads BE -SEEN SIGNS (with 1 location change) Event attendance COGECO PRINTING EXPENSES 500 Tickets (B & W) Exhibitor Badges Paper purchases Programs -250 - b &w -f.pg. 2 sided Vendor Reg. Forms General Print / Ink Information Posters Niagara Romance Sign Vendor kits, surveys, handouts POSTAGE OTHER EXPENSES Americana Table Rentals (inclusive with Rental) Hydro (8x$20 +13 %) Bar Service (4 hours @ $25 + HST) Speakers /Presentors Meetings Leis (50) & candy Gas /Mileage Niagara Romance Grande Door Prize Decor Contestant/judges gifts NON - PROFIT Donation - W.A.R.M. CCD Returned TOTAL EXPENSES INCOME : VENDOR INCOME WITHOUT CCD Exhibitor income to come in Advance Tickets $5 ea. Advance Tickets - WARM Projected AT DOOR Ticket Sales $10 ea. CCD Collected TOTAL INCOME BUDGET TOTAL EXPENSES INCOME : LOSS Additional Expense -City of NF License Fee $ Actual $ 150.00 $ $ 163.85 $ 62.15 $ 70.64 $ 197.75 $ 16.00 N/C 10.91 15.73 44.04 N/C 6.44 1,000.00 6.22 60.00 35.03 10.00 11.00 150.00 200.00 2,209.76 1,489.00 258.00 220.00 27.50 150.00 200.00 2,344.50 3,311.50 967.00 186.45 Outstanding Budget $15.00 (est) $15.00 (est) $ 6.44 $ 412.50 $ 180.80 $ 113.00 $ 200.00 $ 1,101.74 189.00 $ 339.00 $ 163.85 $ 52.50 $ 70.64 $ 67.80 $ 197.75 15.00 20.00 20.00 20.00 50.00 50.00 5.00 25.00 1,412.50 180.80 113.00 60.00 50.00 20.00 11.00 200.00 3,143.84 2,000.00 200.00 500.00 NiagaraJalls February 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -07 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $15,025,465.05 for the period December 30, 2010 to January 26, 2011. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd H rrison, !rector of Finance Ken odd, Chief Administrative Officer F- 2011 -07 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1186566 ONTARIO INC O/A TIM HORTON'S 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1788741 ONTARIO INC 2095527 ONTARIO LTD 5 -0 TAXI CO INC 6006787 CANADA INC 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATION LTD A GREEN WINDOW & BLIND CLEANING LTD. AATEL COMMUNICATIONS INC ABBRUSCATO,JAMES ACA ENGINEERING SERVICES ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALTEC INDUSTRIES LTD AMADIO,RAYMOND AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANGLE,BETH ANTHONY KREZE - NIAGARA HEARING AID CENTRE ANTOLICH,MARK ANTONIO,GATTI ANTONSEN,DAVID APPLIED GEOLOGICS INC ARC FORCE ENTERPRISES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARNOLD,SHERMAN JR ARTISTA DESIGN & PRINT INC ARTISTA DESIGN AND PRINT INC. ASHLAND CANADA CORP ASHLAND CANADA CORP ASSOCIATION OF MUNICIPALITIES OF ONTARIO ATKINSON,RICK B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE BADGER FARMS LTD BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BALDINI & VANDERSLUYS PHOTOGRAPHERS BANK OF MONTREAL BARCLAY & TODD'S BEAMAN,KEN BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENNETT,TIM BENSON TIRE BIGGARS KEY SHOP Cheque No Cheque Date Purpose 343796 26- Jan -2011 343261 07- Jan -2011 343315 12- Jan -2011 343629 26- Jan -2011 343130 05- Jan -2011 343630 26- Jan -2011 343262 07- Jan -2011 343263 07- Jan -2011 343316 12- Jan -2011 343479 19- Jan -2011 343131 05- Jan -2011 343137 05- Jan -2011 343480 19- Jan -2011 343132 05- Jan -2011 343317 12- Jan -2011 343318 12- Jan -2011 343134 05- Jan -2011 343481 19- Jan -2011 343135 05- Jan -2011 343319 12- Jan -2011 343631 26- Jan -2011 343264 07- Jan -2011 343482 19- Jan -2011 343632 26- Jan -2011 343138 05- Jan -2011 343320 12- Jan -2011 343483 19- Jan -2011 343139 05- Jan -2011 343484 19- Jan -2011 343633 26- Jan -2011 343634 26- Jan -2011 343140 05- Jan -2011 343485 19- Jan -2011 343141 05- Jan -201 1 343486 19- Jan -2011 343265 07- Jan -2011 343322 12- Jan -2011 343222 05- Jan -2011 343323 12- Jan -2011 343635 26- Jan -2011 343142 05- Jan -2011 343143 05- Jan -2011 343266 07- Jan -2011 343145 05- Jan -2011 343267 07- Jan -2011 343636 26- Jan -2011 343144 05- Jan -2011 343324 12- Jan -2011 343268 07- Jan -2011 343325 12- Jan -201 1 343326 12- Jan -2011 343637 26- Jan -2011 343638 26- Jan -2011 343147 05- Jan -2011 343150 05- Jan -2011 343330 12- Jan -2011 343641 26- Jan -2011 343269 07- Jan -2011 343487 19- Jan -2011 343639 26- Jan -2011 343148 05- Jan -2011 343329 12- Jan -2011 343640 26- Jan -2011 343151 05- Jan -2011 343270 07- Jan -2011 343331 12- Jan -2011 343489 19- Jan -2011 343642 26- Jan -2011 343273 07- Jan -2011 343152 05- Jan -2011 343332 12- Jan -2011 343153 05- Jan -2011 343154 05- Jan -2011 SUPPLIES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS REFUND LEASES AND RENTS SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND CONSULTING SERVICES ROLL # 2725 030 006 05400 SERVICES SERVICES SERVICES SERVICES SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES TRAVEL /MILEAGE SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEL /MILEAGE TRAVEL /MILEAGE GRANT REFUND REFUND - SERVICE DEPOSIT TRAVEL /MILEAGE CONSULTING SERVICES SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS REFUND MATERIALS REFUND - DAMAGE DEPOSIT CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP REFUND SERVICES SERVICES SERVICES PURCHASE /SALE WARREN CREEK CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND MATERIALS TRAVEL /MILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES EQUIPMENT- TRACTOR REFUND MATERIALS MATERIALS Page 1 of 9 Amount 69.70 3,202.56 103.81 1,102.45 750.00 1,130.00 2,831.71 750.00 111,468.77 8,902.82 86,445.00 745.80 1,505.16 124.29 1,250.46 20,121.83 945.25 197.75 169.50 101.70 152.55 96,050.00 55.13 36.61 11,811.46 1,903.95 1,900.70 144 00 715,256.74 14,439.66 42, 513.36 339.00 180.79 1,842.50 1,792.25 166.50 88.00 7,366.00 150.00 750.00 27.00 6,822.27 1,220.40 620.11 437.81 2,249.19 1,499.51 750.00 101.70 750.00 476.60 476.60 12,105.92 112.97 557.52 2,276.52 124.58 77,870.00 278,466.26 1,088.67 254.25 149.48 315.24 48.00 8,957.38 64.23 18.13 128.92 113.00 3,706.40 150.00 5,250.55 23.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BLACK,CHRIS BLAIR,RICK BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BONDFIELD CONSTRUCTION COMPANY LIMITED BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOUTILIER,J BOYS & GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK FORD SALES INC BUNTIN REID BUNTIN REID BUNTIN REID BURDON,JEFF BURDON,JEFF BURKE GROUP - THE C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,CAREY CANADA BREAD COMPANY LIMITED #T6249 CANADA BREAD COMPANY LIMITED #T6249 CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN PACIFIC RAILWAY CO CANADIAN TAX PLANNERS CANAVAN,WENDY CANAVAN,WENDY CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARR,KEVIN CARRICK,MARZENNA CAVEZZA,LUIGI CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONSTRUCTION CENTRAL COMMUNICATIONS CENTRE COURT CAFE CERIDIAN CANADA LTD CERMINARA,JACK CH2M HILL CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHAMPION INDUSTRIAL EQUIPMENT CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARTERHOUSE PROJECTS INC CHESHER,RON CHEVY LANE FABRICATIONS CHIEF C.H. HALLIDAY SECRETARY /TREASURER NIAGARA REGIO CfMCO REFRIGERATION CITY OF PORT COLBORNE PORT COLBORNE SPORTSFEST CLARIN PORTABLE SEATING CLASSIC DISPLAYS CLASSIC FIRE PROTECTION INC C -MAX FIRE SOLUTIONS COBURN,DARRIN COGECO CABLE CANADA LP COGECO CABLE CANADA LP COLLABORATIVE STRUCTURES LIMITED COLLEE,DOUGLAS COMMERCIAL DIGITAL PRINT INC Cheque No. 343645 343333 343274 343334 343335 343490 343646 343336 343647 343156 343157 343648 343158 343494 343649 343159 343337 343160 343176 343626 343162 343339 343340 343495 343650 343163 343497 343275 343342 343498 343651 343343 343499 343341 343496 343164 343344 343652 343276 343654 343345 343500 343655 343346 343165 343656 343657 343501 343277 343166 343167 343658 343347 343348 343168 343349 343502 343659 343350 343169 343503 343558 343504 343505 US DRAFT 343170 343506 343352 343171 343353 343507 343662 343354 343172 Cheque Date 26- Jan -201 1 12- Jan -201 1 07- Jan -201 1 12- Jan -2011 12- Jan -2011 19- Jan -2011 26- Jan -2011 12- Jan -2011 26- Jan -201 1 05- Jan -2011 05- Jan -201 1 26- Jan -201 1 05- Jan -201 1 19- Jan -201 1 26- Jan -201 1 05- Jan -201 1 12- Jan -201 1 05- Jan -2011 05- Jan -2011 21 -Jan -2011 05- Jan -2011 12- Jan -2011 12- Jan -201 1 19- Jan -201 1 26- Jan -2011 05- Jan -2011 19- Jan -201 1 07- Jan -201 1 12- Jan -2011 19 -Jan -2011 26 -Jan -2011 12- Jan -2011 19- Jan -2011 12- Jan -2011 19- Jan -2011 05- Jan -2011 12- Jan -2011 26- Jan -201 1 07- Jan -201 1 26- Jan -201 1 12- Jan -2011 19- Jan -2011 26- Jan -2011 12- Jan -2011 05- Jan -2011 26 -Jan -2011 26- Jan -2011 19- Jan -2011 07- Jan -2011 05- Jan -201 1 05- Jan -201 1 26- Jan -201 1 12- Jan -201 1 12- Jan -2011 05- Jan -2011 12- Jan -2011 19- Jan -201 1 26- Jan -201 1 12- Jan -201 1 05- Jan -201 1 19- Jan -2011 19- Jan -2011 19- Jan -2011 19- Jan -201 1 20 -01 -2011 05- Jan -2011 19- Jan -2011 12- Jan -201 1 05- Jan -201 1 12- Jan -201 1 19 26- Jan -2011 12- Jan -2011 05- Jan -2011 Purpose REFUND REFUND CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES SERVICES TRAVEL /MILEAGE GRANT SERVICES MATERIALS EQUIPMENT- PURCHASE ORDER R1 MATERIALS MATERIALS MATERIALS REFUND REFUND SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES TRAVEL /MILEAGE MATERIALS MATERIALS SERVICES MATERIALS MATERIALS LEASES AND RENTS MATERIALS LEASES AND RENTS CONTRACT SERVICES SUBSCRIPTION TRAVEL /MILEAGE TRAVEL /MILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS REFUND TRAVEL /MILEAGE REFUND -TAX OVERPAYMENT MATERIALS CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES REFUND SERVICES MEMBERSHIP MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS MEMBERSHIP MATERIALS ADMINISTRATIVE - MAYORS CUP CHI CONVENTION CENTRE MATERIALS SERVICES MATERIALS REFUND SERVICES SERVICES CONTRACT SERVICES TRAVEL /MILEAGE MATERIALS Page 2 of 9 Amount 150.00 150.00 1,066.44 3,822.48 1,190, 024.35 1,693,670.79 5,789.44 98.98 16, 066.67 1,748.66 915.44 54,032.08 83.73 314.87 752.92 175.00 192.04 994.40 25,296.50 93, 393.05 572.07 1,128.97 89.00 27.00 75.84 720.38 855.41 215.85 245.53 355.07 459.28 1,079.55 90.40 320.50 62.00 73.89 28.49 36.61 226.00 942.28 26,286.50 127.952.04 14,357.33 135.59 93.50 299.26 1,060.51 85,315.97 395.50 95.77 1,769.58 112.94 32,967.33 1,962.16 245.21 469.49 417.65 182.11 35,798.99 150.00 711.90 100.00 6,092.84 650.00 33,680.00 1,343.57 99.44 1,702.18 169.44 1,270.42 382.76 359,263.39 45.00 200.58 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COMMISSIONAIRES COMMISSIONAIRES COMPRESSION TECHNOLOGY CORPORATION CONTRACT DESIGN GROUP ASSOCIATES COTTON INC COWAN,HEIDI COWAN,HEIDI CRANFIELD,JIM CRANFIELD,MIKE CRANFIELD,MIKE CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CREDIT BUREAU SERVICES CANADA CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC D K TECHNICAL SERVICES INC DAGUERRE,PIERRE DAISY MART DALIMONTE,JOE DALTON,HARVEY DARCH FIRE DATA GROUP OF COMPANIES - THE DAVE BAILEY CUSTOM UPHOLSTERY DAVIDSON ENVIRONMENTAL DAVIDSON ENVIRONMENTAL DAVIDSON,ANGELA DAY TIMERS OF CANADA LTD DE LAGE LANDEN FINANCIAL SERVICES CAN INC DECARIA,ALEX DEEP STEAM DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DIGBY,JOHN DIODATI,JIM DRAFTING CLINIC CANADA LTD DREN,KARL DROST,GARY DRUXY'S DUNN,JOHN E & R LAWN EQUIPMENT E P S R C TEAM EMERGENCY PATROL SEARCH & RESCUE COMI E3 LABORATORIES EAKIN,ELEISHA EASTGATE TRUCK CENTRE ECCO ELECTRIC LIMITED ECONOMIC DEVELOPERS COUNCIL OF ONTARIO ECONOMIC DEVELOPERS COUNCIL OF ONTARIO EDGAR,MEGHAN ELIA,SANDRO EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EVANOFF,VICTOR EVIN INDUSTRIES LTD FALLS CHEVROLET CADILLAC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FARADAY, GREGORY FASTENAL CANADA FASTENAL CANADA FEREN SIGNS & AWNINGS LTD FIELD OF DREAMS FIFIELD,LORI FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE Cheque No. 343355 343663 343508 343664 343625 343173 343356 343174 343357 343509 343175 343510 343665 343177 343511 343666 343284 343668 343669 343280 343281 343670 343359 343627 343360 343671 343672 343361 343513 343282 343512 343283 343362 343514 343673 343179 343674 343180 343181 343363 343675 343676 343370 343186 343677 343364 343365 343515 343182 343366 343367 343183 343184 343368 343678 343679 343477 343516 343680 343681 343187 343188 343517 343371 343518 343682 343189 343190 343683 343684 343372 343373 343685 343686 Cheque Date 12 -Jan -201 1 26- Jan -2011 19- Jan -201 1 26- Jan -2011 21- Jan -201 1 05- Jan -2011 12 -Jan -2011 05 -Jan -201 1 12- Jan -2011 19- Jan -201 1 05- Jan -201 1 19- Jan -2011 26- Jan -2011 05- Jan -2011 19- Jan -201 1 26- Jan -2011 07- Jan -2011 26- Jan -2011 26- Jan -201 1 07- Jan -201 1 07 -Jan -201 1 26- Jan -2011 12- Jan -2011 21 -Jan -2011 12- Jan -201 1 26 -Jan -201 1 26- Jan -2011 12- Jan -2011 19- Jan -2011 07- Jan -201 1 19 -Jan -201 1 07- Jan -201 1 12- Jan -2011 19- Jan -2011 26- Jan -201 1 05- Jan -201 1 26- Jan -2011 05- Jan -201 1 05- Jan -2011 12- Jan -201 1 26- Jan -2011 26 -Jan -201 1 12- Jan -201 1 05- Jan -2011 26- Jan -2011 12- Jan -2011 12- Jan -201 1 19- Jan -201 1 05- Jan -201 1 12- Jan -2011 12- Jan -2011 05- Jan -2011 05- Jan -2011 12- Jan -201 1 26- Jan -201 1 26- Jan -2011 14- Jan -2011 19- Jan -201 1 26- Jan -201 1 26- Jan -201 1 05- Jan -2011 05- Jan -201 1 19- Jan -2011 12- Jan -2011 19- Jan -2011 26- Jan -2011 05- Jan -2011 05- Jan -2011 26- Jan -2011 26- Jan -2011 12- Jan -2011 12- Jan -201 1 26- Jan -2011 26- Jan -201 1 Purpose CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND REFUND ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE REPLENISH ACCOUNT # 98030007 MATERIALS REFUND- DAMAGE DEPOSIT REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS LEASES AND RENTS REFUND SERVICES MATERIALS SERVICES MATERIALS EQUIPMENT REFUND TRAVEL /MILEAGE SERVICES TRAVEL /MILEAGE REFUND MATERIALS REFUND EQUIPMENT SERVICES -MAN A MILE SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES CONTRACT SERVICES TRAVEL /MILEAGE MATERIALS MATERIALS MAINTENANCE /REPAIRS SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REFUND - PARKING INFRACTION SERVICES MATERIALS Page 3 of 9 Amount 23,816.23 25,073.96 886.26 6,130.25 66,605.83 150.00 55.32 137.28 172.20 68.00 2,827.00 1,136.50 4.50 7.418.90 7,526 75 500.00 344.65 750.00 63.70 135.59 150.00 409.06 1,760.95 610.20 58.76 161.59 135.50 77.62 2,895.06 150.00 111.87 2,096.42 3,1 18.88 5,069.29 64,1 34.07 150.00 3,465.00 199.54 150.00 150.00 226.00 73.54 2,385.57 200.00 2,303.10 750.00 919.56 2,926.70 299.45 299.45 90.39 150 00 3,905.28 375.52 4,458.98 42,190.42 10,628.98 4,509.13 1,095.39 4,553.90 78.00 200.35 68.01 342.67 6,832.89 2,560.18 150.00 507.14 1,744.83 622.18 700.60 20 00 61698 3,978.84 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRONT RANGE SOLUTIONS G P S PURSUIT INC GABRIELES CUSTOM CATERING GALES GAS BARS GALT MACHINE KNIFE & SAW GAMMA - DYNACARE MEDICAL LABORATORIES GAROFALO,FRANK GENIVAR CONSULTANTS LIMITED PARTNERSHIP GEORGIAN COLLEGE GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GNGH FOUNDATION GOFORTH,HANYA GOODALL.CHRIS GOODLIFE FITNESS CLUBS GRAND & TOY GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUP92 GUGLIOTTA,JOE GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HARRISON,TODD HARVEY BEAM EXCAVATING HD SUPPLY CANADA INC HEIDEBRECHT,ANDREA HEUSERS STEEL WORKS LTD HIGHWAY CLEARING & GUARDRAIL FENCING LTD HIMES,DAVID HOLMAN,GEOFF ICI CANADA INC ICI CANADA INC INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INSPEC SOL INC. J & B PROCESS SERVING INC JACKSON,CHRISTINE JACKSON,DAVE JACOBSON,LESLEY JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHNNY ROCCO'S ITALIAN GRILL JR B CANUCKS JR B CANUCKS JR B CANUCKS KEKIC,VIOLET KEN WARDEN CONSTRUCTION LTD KING TOURS & LIMOUSINE SERVICE INC. KIWANIS CLUB OF STAMFORD KONE INC KONE INC KORONEOS,DENA KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK L CAMPBELL & ASSOCIATES L WALTER & SONS EXCAVATING (2008) LTD. LAFARGE CANADA INC LAFARGE CANADA INC LAKES MAINTENANCE Cheque No. Cheque Date 343191 05- Jan -2011 343374 12- Jan -2011 343519 19- Jan -2011 343687 26- Jan -2011 343375 12- Jan -2011 343688 26- Jan -2011 US DRAFT 17 -01 -2011 343694 26- Jan -2011 343689 26- Jan -2011 343520 19 -Jan -201 1 343690 26- Jan -2011 343691 26- Jan -2011 343521 19- Jan -201 1 343285 07- Jan -2011 343376 12- Jan -2011 343692 26- Jan -2011 343377 12- Jan -2011 343696 26- Jan -2011 343378 12- Jan -201 1 343693 26- Jan -2011 343192 05- Jan -2011 343379 12- Jan -2011 343193 05- Jan -2011 343695 26- Jan -2011 343380 12- Jan -2011 343697 26- Jan -2011 343381 12- Jan -2011 343522 19- Jan -201 1 343698 26- Jan -2011 343699 26- Jan -2011 343286 07- Jan -2011 343194 05- Jan -2011 343195 05- Jan -2011 343384 12- Jan -2011 343382 12- Jan -2011 343701 26- Jan -2011 343702 26- Jan -2011 343523 19- Jan -2011 343383 12- Jan -2011 343524 19- Jan -2011 343385 12- Jan -2011 343525 19- Jan -201 1 343386 12- Jan -201 1 343387 12- Jan -2011 343388 12- Jan -2011 343196 05- Jan -2011 343704 26- Jan -2011 343390 12- Jan -2011 343526 19- Jan -2011 343287 07- Jan -2011 343707 26- Jan -2011 343198 05- Jan -2011 343391 12- Jan -2011 343706 26- Jan -2011 343392 12- Jan -2011 343288 07- Jan -2011 343199 05- Jan -2011 343393 12- Jan -2011 343528 19- Jan -2011 343708 26- Jan -2011 343709 26- Jan -2011 343529 19- Jan -2011 343394 12- Jan -2011 343531 19- Jan -2011 343710 26- Jan -2011 343532 19- Jan -201 1 343395 12- Jan -2011 343711 26- Jan -2011 343201 05- Jan -2011 343713 26- Jan -2011 343718 26- Jan -2011 343533 19- Jan -2011 343712 26- Jan -2011 343289 07- Jan -2011 Purpose MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE REMITTANCE MAINTENANCE ADVERTISING MATERIALS FUEL SERVICES SERVICES REFUND CONSULTING SERVICES ADMINISTRATIVE REGISTRATION/TI MATERIALS SERVICES REMITTANCE TRAVEL /MILEAGE MEMBERSHIP MEMBERSHIP MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS SERVICES LEASES AND RENTS MATERIALS TRAVEL /MILEAGE REFUND MATERIALS REFUND MATERIALS CONTRACT SERVICES -LYONS CREE REFUND TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES REFUND TRAVEL /MILEAGE REFUND SERVICES MATERIALS TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING REFUND CONTRACT SERVICES REFUND DONATION CONTRACT SERVICES LEASES AND RENTS REFUND SERVICES MATERIALS TRAVEL /MILEAGE CONSULTING SERVICES CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE /REPAIRS Page 4 of 9 Amount 203.71 526.74 3,885 06 8,091.06 92.50 51,243.00 4,190.32 56.50 318.35 86.25 413.58 57.00 500.00 1,484.82 2,336.00 1.575.56 139.89 5,650.00 60.00 125.00 1,054.65 196.01 2,194.92 224.36 2,362.71 180.02 250.86 805.69 4.147.54 49,566.10 1,293.77 231.77 261.03 511.33 632.80 621.50 10,712.40 68.67 5,000.00 9.49 146.89 3,442.26 10,712.40 112.99 117.50 92.46 170.69 300.00 582.46 9,807.00 56.50 122.03 83.00 129.94 474.60 3,108.63 1,772.00 5,181.00 17, 286.00 750.00 5,282.75 41.00 100.00 556.06 556.06 102.50 4,871.43 994.40 72.00 1,251.31 3,473.62 25,828.89 665.07 334.49 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LAKEWOOD HOMES LANCASTER BROOKS & WELCH LEA,T. LELIEVRE,PETER LIBRARY SERVICES CENTRE LINCOLN APPLIANCE SERVICE CENTRE INC LINDE ST CATHARINES LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIVE ON REQUEST TECHNOLOGY SERVICES INC LYMBURNER,BOB M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MAIOLO,JOE MAIURI,TODD MANOR CLEANERS MARTIN,RAY MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MCCONNELL,LUCILLE MCCONNERY,STAN MCDONALD DANIEL J IN TRUST MCDONALD,ROB MCEACHERN,CHRIS MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDIA PRO INC MEDIA SUPPLY OUTLET MERIT CONTRACTORS NIAGARA METAL SUPERMARKETS METRO PLUMBING & HEATING METRO PLUMBING & HEATING MEYER,CHRISTEL MEYERS NORRIS PENNY LLP MHPM PROJECT MANAGERS INC MINERVINI,DOMENIC MINERVINI,DOMENIC MINERVINI,MICHAEL MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,JOSEPH& MIRABELLI, JOSEPHINE MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MOLDENHAUER,KATHY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOORE CANADA MOORE CANADA MORGAN SCOTT MISSISSAUGA MORGAN SCOTT MISSISSAUGA MORIYAMA & TESHIMA ARCHITECTS MOROCCO,JOHN MORTON,DALE MORTON,DALE MR FURNACE /HU -ERO COMMERCIAL DIVISION MR QUICK SOFT CLOTH MR. AMIR SHENOUDA 2232588 ONTARIO INC. MTE PARALEGAL PROFESSIONAL CORPORATION MULLER'S WORKWEAR MULLER'S WORKWEAR MUNICIPAL RETIREES ORGANIZATION ONTARIO MURPHY,D. MURRAY,LAWRENCE MUSSARI,TOM MWH SOFT NEPTUNE TECHNOLOGY GROUP (CANADA) LTD Cheque No. 343202 343534 343204 343206 343714 343715 343716 343207 343397 343536 343717 343290 343398 343544 343543 343208 343720 343721 343291 343399 343722 343209 343210 343476 343292 343537 343211 343723 343400 343212 343724 343293 343538 343725 343401 343402 343726 343214 343727 343404 343540 343541 343542 343728 343403 343215 343539 343729 343216 343730 343405 343545 343406 343546 343407 343731 343547 343732 343408 343409 343217 343410 343294 343733 343778 343548 343549 343734 343735 343411 343218 343412 US DRAFT 343219 Cheque Date 05- Jan -2011 19- Jan -2011 05- Jan -2011 05- Jan -2011 26- Jan -2011 26- Jan -2011 26- Jan -2011 05- Jan -201 1 12- Jan -201 1 19- Jan -2011 26- Jan -2011 07- Jan -2011 12- Jan -201 1 19- Jan -2011 19- Jan -201 1 05- Jan -2011 26- Jan -2011 26- Jan -2011 07- Jan -2011 12- Jan -2011 26- Jan -201 1 05- Jan -201 1 05- Jan -2011 13-Jan-2011 07 -Jan -2011 19- Jan -2011 05- Jan -2011 26 -Jan -2011 12- Jan -2011 05- Jan -2011 26- Jan -2011 07- Jan -201 1 19 -Jan -2011 26- Jan -2011 12- Jan -2011 12- Jan -201 1 26- Jan -201 1 05- Jan -2011 26- Jan -2011 12- Jan -2011 19- Jan -2011 19- Jan -2011 19- Jan -2011 26- Jan -2011 12- Jan -2011 05- Jan -201 1 19- Jan -2011 26- Jan -2011 05- Jan -2011 26- Jan -2011 12 -Jan -2011 19- Jan -2011 12- Jan -201 1 19- Jan -2011 12- Jan -2011 26- Jan -2011 19- Jan -2011 26- Jan -2011 12- Jan -2011 12- Jan -2011 05- Jan -2011 12- Jan -2011 07- Jan -2011 26- Jan -201 1 26- Jan -2011 19- Jan -2011 19- Jan -2011 26- Jan -2011 26- Jan -2011 12- Jan -2011 05- Jan -2011 12- Jan -2011 26 -01 -2011 05- Jan -2011 Purpose REFUND CONSULTING SERVICES MATERIALS REFUND MATERIALS MAINTENANCE /REPAIRS MATERIALS FUEL FUEL FUEL FUEL ADMINISTRATIVE TRAVEL /MILEAGE MATERIALS SERVICES ADMINISTRATIVE TRAVEL /MILEAGE SERVICES REFUND CONSULTING SERVICES CONSULTING SERVICES TRAVEL /MILEAGE REFUND PURCHASE /SALE WARREN CREEK TRAVEL /MILEAGE REFUND TRAVEL /MILEAGE CONTRACT SERVICES ADMINISTRATIVE SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES REFUND CONSULTING SERVICES CONTRACT SERVICES TRAVEL /MILEAGE REFUND REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE SERVICES REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND SERVICES SERVICES TRAVEL /MILEAGE REFUND MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEL /MILEAGE MAINTENANCE /REPAIRS SERVICES REFUND CONSULTING SERVICES MATERIALS MATERIALS MEMBERSHIP REFUND REFUND PETTY CASH MAINTENANCE CONTRACT SERVICES Page 5 of 9 Amount 750.00 375.00 150.00 149.14 13.84 153.68 1.704.27 13,860.25 6,952.67 46,598.91 21,297.68 384.20 45.00 219.69 138.99 100 00 45.00 40.33 146.89 2,237.03 1,574.43 60.00 150.00 700,830.00 336.50 15000 72.00 456.52 84.75 452 00 31,506 66 91.59 8,818.17 2,315.80 146.89 27, 877.98 13,433.58 3700 79.04 58.80 57,779.47 3.743.76 1,785.40 1,040.00 12,795.75 2,422.11 2,346.97 148.72 286.38 208.83 94.50 47.46 5,842.95 7,164.77 41.34 165.32 447.28 63.08 85.189.10 111.00 366.00 15.50 1,327.30 244.08 21.596.00 7,608.05 132.15 188.08 350.00 150.00 150.00 171.12 3,000.00 24, 950.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA CUSTOM POWDER COATING INC NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DRIVETRAIN CENTRE NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA MEDICARE INSTALLATIONS NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL PUBLIC HEALTH NIAGARA REGIONAL TOWING NIAGARA ROADS SUPERVISORS ASSOCIATION NIAGARA THIS WEEK NIAGARA.COM NIEUWESTEEG,EDWARD& NIEUWESTEEG, RUTH -ANN NIGHT WATCH SECURITY O'HEARN,DENISE OIL FILTRATION SPECIALISTS INC OLD ST JOHN'S STAMFORD HERITAGE ASSOCIATION OMERS OMERS ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO GOOD ROADS ASSOCIATION ONTARIO MUNICIPAL BOARD ONTARIO MUNICIPAL BOARD ONTARIO PLUMBING INSPECTORS ASSOCIATION INC ONTARIO PROFESSIONAL FIRE FIGHTERS ASSOCIATION ONTARIO REALTY CORPORATION ONTARIO TAX SALES INC P &C COMPOSTECH INC PAGENET OF CANADA INC PAGENET OF CANADA INC PARTY CONNECTION PATERSON,ANDREW PATRICK,SUZANNE PEARSON,REG PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PERFORMANCE CARS PERRELLA,FERNANDO PERRICELLI,TONY PETRO- CANADA PETRO- CANADA PETRO- CANADA Cheque No. 343220 343295 343413 343550 343737 343738 343739 343551 343296 343740 343414 343742 343741 343743 343221 343553 343554 343744 343745 343746 343297 343747 343555 343223 343416 343556 343557 343748 343749 343750 343559 343751 343417 343224 343225 343752 343415 343418 343419 343422 343200 343226 343560 343561 343562 343563 343227 343228 343423 343424 343298 343425 343299 343229 343754 343564 343426 343565 343230 343427 343300 343428 343567 343231 343566 343755 343232 343568 343756 343233 343429 343430 343569 343570 Cheque Date 05- Jan -2011 07- Jan -2011 12- Jan -2011 19 -Jan -201 1 26- Jan -2011 26- Jan -2011 26- Jan -2011 19- Jan -2011 07- Jan -2011 26- Jan -2011 12- Jan -2011 26- Jan -201 1 26- Jan -2011 26- Jan -201 1 05 -Jan -201 1 19- Jan -201 1 19- Jan -2011 26- Jan -2011 26- Jan -2011 26- Jan -2011 07- Jan -2011 26- Jan -2011 19- Jan -2011 05- Jan -2011 12- Jan -201 1 19- Jan -201 1 19- Jan -201 1 26- Jan -2011 26- Jan -2011 26- Jan -2011 19- Jan -2011 26- Jan -2011 12- Jan -2011 05 -Jan -201 1 05- Jan -201 1 26- Jan -201 1 12- Jan -201 1 12- Jan -2011 12- Jan -2011 12- Jan -2011 05- Jan -2011 05- Jan -2011 19- Jan -2011 19- Jan -2011 19- Jan -2011 19- Jan -2011 05- Jan -2011 05- Jan -201 1 12- Jan -201 1 12- Jan -2011 07- Jan -2011 12- Jan -2011 07- Jan -2011 05- Jan -2011 26- Jan -2011 19- Jan -201 1 12- Jan -201 1 19- Jan -201 1 05- Jan -2011 12- Jan -2011 07- Jan -2011 12 -Jan -201 1 19- Jan -201 1 05- Jan -2011 19- Jan -2011 26- Jan -2011 05- Jan -2011 19- Jan -201 1 26- Jan -201 1 05- Jan -2011 12- Jan -2011 12- Jan -2011 19- Jan -2011 19- Jan -2011 Purpose CONTRACT SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS GRANT ADVERTISING MAINTENANCE /REPAIRS MATERIALS MATERIALS GRANT GRANT GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT REFUND SERVICES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES CONTRACT SERVICES UTILITIES REMITTANCE SERVICES MATERIALS SERVICES MEMBERSHIP ADVERTISING ADVERTISING GRANT SERVICES REFUND MATERIALS SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE MEMBERSHIP MEMBERSHIP ADMINISTRATIVE ADMINISTRATIVE MEMBERSHIP REFUND LEASES AND RENTS ADMINISTRATIVE ADMINISTRATIVE SERVICES SERVICES SERVICES REFUND REFUND ADMINISTRATIVE MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MAINTENANCE /REPAIRS REFUND REFUND FUEL FUEL FUEL Page 6 of 9 Amount 273,151.66 31.64 2,918.34 3,467.60 2,176.50 422.90 33,202.33 555.96 412.45 422.62 254.97 2,250.00 37,991.83 1,506.50 6,731.25 6,785.10 6,271.09 30, 000.00 750.00 508.60 114.54 120.64 125,000.00 158,917.42 56.15 33, 732.13 2,121.63 18,421.30 20,493.44 2,739.08 4,172.00 2,943.94 50.00 87.01 600.00 145.77 13.56 25,000.00 226.00 253.36 762.07 330.00 416,632.02 21, 505.12 858.80 2,129.53 125.00 125.00 120.00 450.00 9,017.40 1,101.75 229.39 16.89 33.78 541.72 275.00 129.94 300.00 772.93 59.95 67.80 137.86 90.00 295.00 50.00 209.05 159.27 73.28 750.00 112.99 25,546.85 1,249.01 25,425.97 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PETRO- CANADA PIETRANGELO,DAN PINERIDGE TREE SERVICE LTD PISCITELLI,FRANCO PITNEY BOWES GLOBAL CREDIT SERVICES PITNEY BOWES OF CANADA LTD. PITNEY WORKS PLAYPOWER LT CANADA INC T44069C PORTER,GAIL P RATA, G U Y PRAXAIR PRAXAIR PRAXAIR PREMIER ELECTION SOLUTIONS INC. PROJECT SHARE PROMOTIONS PLUS PROVINCIAL MAINTENANCE PROVINCIAL MAINTENANCE PURE WATER PURE WATER PUROLATOR COURIER R & W HOIST REPAIRS LTD R W HAMILTON LTD R W HAMILTON LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO & ASSOCIATES ARCHITECTS INC RAINBOW GREENHOUSES LTD RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAPANARO,ED RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA REGIONAL DOORS & HARDWARE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL NIAGARA FIRE BUFFS REMINGTONS OF NIAGARA RESEARCH & PRODUCTIVITY COUNCIL RICHARDSON,MARK ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC ROTO- ROOTER PLUMBERS ROYAL CANADIAN LEGION BRANCH 51/ POPPY FUND SACCO CONSTRUCTION LTD SACCO,DOLORES SACCO,DOLORES SACCO,FRED SANI GEAR FIRE SAVOIE,LISA SCOTIABANK VISA PURCHASE CARD SCOTIABANK VISA PURCHASE CARD SCOTT GROUP OF COMPANIES INC SCOTT,LOIS SDR SEATING INC SENECA COLLEGE SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHERRARD KUZZ SHERWIN WILLAMS SHRED IT KITCHENER Cheque No. Cheque Date 343757 26- Jan -2011 343234 05- Jan -2011 343571 19- Jan -2011 343758 26- Jan -2011 343759 26- Jan -2011 343432 12- Jan -2011 343431 12- Jan -2011 343572 19- Jan -201 1 343433 12- Jan -2011 343235 05- Jan -2011 343236 05- Jan -2011 343573 19- Jan -2011 343760 26- Jan -2011 343761 26- Jan -201 1 343762 26- Jan -2011 343574 19- Jan -2011 343237 05- Jan -2011 343435 12- Jan -2011 343575 19- Jan -2011 343763 26- Jan -2011 343238 05- Jan -2011 343586 19- Jan -201 1 343585 19- Jan -2011 343772 26- Jan -2011 343436 12- Jan -2011 343576 19- Jan -2011 343577 19- Jan -201 1 343578 19- Jan -2011 343437 12- Jan -2011 343764 26- Jan -2011 343579 19- Jan -2011 343239 05- Jan -2011 343765 26- Jan -2011 343240 05- Jan -2011 343580 19 -Jan -201 1 343766 26- Jan -2011 343767 26- Jan -2011 343438 12- Jan -2011 343581 19- Jan -201 1 WIRE 14 -01 -2011 WIRE 17 -01 -2011 WIRE 19 -01 -2011 WIRE 21 -01 -2011 WIRE 26 -01 -2011 WIRE 30 -12 -2010 WIRE 30 -12 -2010 343582 19- Jan -2011 343241 05- Jan -2011 343768 26- Jan -2011 343301 07- Jan -2011 343769 26- Jan -2011 343439 12- Jan -2011 343583 19- Jan -2011 343770 26- Jan -2011 343584 19- Jan -2011 343771 26- Jan -2011 343774 26- Jan -2011 343441 12- Jan -201 1 343587 19- Jan -2011 343773 26- Jan -2011 343775 26- Jan -2011 343242 05- Jan -2011 343278 07- Jan -2011 343351 12- Jan -2011 343243 05- Jan -2011 343442 12- Jan -2011 343776 26- Jan -2011 343443 12- Jan -201 1 343302 07- Jan -2011 343589 19- Jan -2011 343777 26- Jan -2011 343303 07- Jan -2011 343444 12- Jan -2011 343590 19- Jan -2011 Purpose FUEL REFUND SERVICES MEMBERSHIP LEASES AND RENTS MATERIALS SERVICES EQUIPMENT TRAVEL /MILEAGE TRAVEL /MILEAGE MATERIALS FUEL MATERIALS LEASES AND RENTS GRANT MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES SERVICES SERVICES SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES NOV COMMERCIAL COLLECTION DEBT 57 2006/72 - 2007/60 - 2006 DEVELOPMENT CHARGES COST SHARING - MOUNTAIN RD DEBT 89 -2004 DEBT 73 -2010 NOV WATER/WASTEWATER /CR REMITTANCE ADMINISTRATIVE CONSULTING SERVICES TRAVEL /MILEAGE SERVICES SERVICES SERVICES CONSULTING SERVICES SERVICES MATERIALS CONTRACT SERVICES TRAVEL /MILEAGE PETTY CASH REFUND MAINTENANCE /REPAIRS SUPPLIES MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES ADMINISTRATIVE SERVICES SERVICES SERVICES CONSULTING SERVICES MATERIALS SERVICES Page 7 of 9 Amount 25,443.12 150.00 5,220.60 100.00 205.43 420.19 22,600.00 4,431.50 64.50 52.00 292.16 250.86 862.66 452.00 24, 866.67 545.23 4,565.42 37.392.40 23.00 25.00 97 79 2,165.19 772.67 90.80 597.77 522.29 14,455 39 311.74 11,181.98 385, 757.16 112.99 1,443.00 1,446 49 543,046.27 509,200.03 500.00 513.81 10, 066.21 2,270.22 10,622.00 715,068 88 523,705.38 701,010.06 45,135.60 72,181.11 1,815,968.75 690.00 240.00 282.50 136.50 4,973.26 1,565.19 1,036.65 1,522.40 228.25 65.00 4,782.16 79.50 386.85 750.00 66.39 27.51 204,743.78 237,370.78 750.00 25.00 13,534.01 8,520.20 864.45 282.50 943.55 1,875.69 85.18 88.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SIDAN TRAFFIC CONTROL SERVICES LTD. SIDEWALKS PLUS SIEMENS BUILDING TECHNOLOGIES LTD SIMPLEX GRINNELL SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 ST JOHN AMBULANCE STAGING CANADELL LTD. STAMFORD COLLEGIATE STAMFORD HOME HARDWARE STAPLES STEPHENSON,LESLEY STITCH IT CANADA'S TAILOR STITCH IT CANADA'S TAILOR STOLK CONSTRUCTION LTD STORAGE NIAGARA STORAGE NIAGARA STUART, DAVE SULLIVAN MAHONEY SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUTPHEN CORPORATION SUTPHEN CORPORATION SYMPOSIUM TECHNOLOGIES INC T.B. VAILLANCOURT GENERAL CONTRACTOR INC. TALARIS CANADA INC TALK WIRELESS INC TANASI,PAUL TAYLOR,TONY TAYLORS WATER SERVICE TD CANADA TRUST TECHNICALLY YOURS TEDESCO,DEAN TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY THE NIAGARA THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE TERRY FOX FOUNDATION THOMAS.LUCINDA THOMPSON,JEFF THUSUSKA,JEFF TICE,LORI TIM HORTONS STORE #30 TODD,KEN TOOLBOX TORBRAM ELECTRIC SUPPLY TORONTO STAMP INC TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSFORWARD CONSULTING GROUP INC. TRENCHLESS UTILITY EQUIPMENT INC TRENDLE,BEN TROPHY SHOP THE TUFF BOYS PLOW AND LANDSCAPE UNITED WAY URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URQUHART,BILL USABLENET Cheque No. 343445 343446 343779 343447 343448 343780 343783 343781 343592 343449 US DRAFT 343593 343245 343782 343450 343304 343784 343246 343451 343594 343785 343596 343786 US DRAFT US DRAFT 343453 343599 343787 343598 343454 343455 343788 343247 US DRAFT 343789 343248 343456 343600 343603 343790 343791 343601 343602 343604 343457 343605 343792 343793 343458 343606 343794 343795 343249 343797 343305 343306 343250 343607 343307 343251 343608 343460 343609 343798 343459 343610 343799 343308 343800 343611 343461 343612 343309 US DRAFT Cheque Date 12- Jan -2011 12- Jan -2011 26- Jan -2011 12- Jan -2011 12- Jan -2011 26- Jan -2011 26- Jan -201 1 26- Jan -201 1 19- Jan -201 1 12- Jan -2011 20-01-2011 19- Jan -2011 05- Jan -2011 26- Jan -2011 12- Jan -2011 07 -Jan -201 1 26- Jan -201 1 05- Jan -2011 12- Jan -2011 19- Jan -2011 26- Jan -201 1 19- Jan -2011 26- Jan -2011 07-01-2011 26-01-2011 12- Jan -2011 19- Jan -201 1 26- Jan -2011 19- Jan -2011 12- Jan -201 1 12- Jan -201 1 26- Jan -2011 05- Jan -2011 20 -01 -2011 26- Jan -2011 05- Jan -2011 12- Jan -2011 19- Jan -2011 19- Jan -2011 26- Jan -2011 26- Jan -2011 19 -Jan -201 1 19- Jan -2011 19- Jan -2011 12- Jan -2011 19- Jan -2011 26- Jan -2011 26- Jan -2011 12- Jan -201 1 19- Jan -2011 26- Jan -2011 26- Jan -2011 05- Jan -2011 26- Jan -2011 07- Jan -2011 07- Jan -2011 05- Jan -2011 19- Jan -2011 07- Jan -2011 05- Jan -2011 19- Jan -2011 12- Jan -2011 19- Jan -2011 26- Jan -201 1 12- Jan -2011 19- Jan -2011 26- Jan -201 1 07- Jan -2011 26- Jan -2011 19- Jan -2011 12- Jan -2011 19- Jan -2011 07- Jan -2011 26 -01 -2011 Purpose SERVICES MAINTENANCE /REPAIRS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES GRANT MATERIALS SERVICES MATERIALS CONVENTION CENTRE REFUND SERVICES SERVICES CONTRACT SERVICES SERVICES LEASES AND RENTS PETTY CASH CONSULTING SERVICES REMITTANCE FUEL MATERIALS FUEL PARTS PARTS SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS REFUND REFUND SERVICES REFUND CONVENTION CENTRE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS ADVERTISING REMITTANCE REFUND REFUND REFUND REFUND SUPPLIES TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE SERVICES CONTRACT SERVICES PAYROLL REMITTANCE CONSULTING SERVICES CONSULTING SERVICES REFUND MAINTENANCE Page 8 of 9 Amount 2,600.00 2.856.96 1,260.66 182.66 675.18 669.15 2.491.67 8,284.58 200.00 45.13 66,148.22 278.46 62.10 139.01 124,314.27 96.05 96.05 534.10 400 27 4,134.97 21,127.16 523.66 552.72 183.50 228.40 21,187.50 847.50 203.40 1,369.56 150.00 150.00 60.00 158.52 41,581.74 500.00 393.18 1.760.28 289.27 13,514.29 23.72 796.65 2,327.80 10,033.80 226.00 191.54 285.89 335.61 6,379.68 177.82 146.89 146.89 150.00 146.89 74.92 388.58 406.57 101.53 75.82 143.50 4,742.20 393.69 34.35 128.52 89.84 26,575.66 1,861.29 45.00 389.85 3,369.10 1,339.00 21,505.62 256.51 150.00 3,915.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name V GIBBONS CONTRACTING LTD VALLEY BLADES LIMITED VALLEY BLADES LIMITED VANCOR SUPPLY VANCOR SUPPLY VERLY CONSTRUCTION GROUP INC VIG,WAYNE VIKING LIVES LTD VIKING CIVES LTD VIKING CIVES LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WARCHALA,MICHAEL WASTE MANAGEMENT WASTE MANAGEMENT WATSON & ASSOCIATES ECONOMISTS LTD WELLAND COUNTY LAW ASSOCIATION WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WFS LTD WFS LTD WFS LTD WIMBUSH,ROB WINDJACK,JIM WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WOODS,LINDSEY RHEA& LUBY. BRENT WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WSIB WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA YWCA ZAP HOSPITALITY MANAGEMENT LTD ZAPPI'S PIZZERIA ZEIDLER PARTNERSHIP ZIDES,ANDREA R Cheque No Cheque Date 343804 26- Jan -2011 343613 19- Jan -2011 343801 26- Jan -2011 343614 19- Jan -2011 343802 26- Jan -2011 343803 26- Jan -2011 343252 05- Jan -2011 343462 12- Jan -2011 343615 19- Jan -2011 343805 26- Jan -2011 343464 12- Jan -2011 343617 19- Jan -201 1 343807 26- Jan -2011 343310 07- Jan -2011 343463 12- Jan -2011 343616 19- Jan -2011 343806 26- Jan -2011 343466 12- Jan -2011 343808 26- Jan -2011 343467 12- Jan -2011 343809 26- Jan -2011 343253 05- Jan -2011 343821 26- Jan -2011 343468 12- Jan -2011 343618 19- Jan -2011 343810 26- Jan -2011 343469 12- Jan -2011 343619 19- Jan -2011 343811 26- Jan -2011 343254 05- Jan -2011 343470 12- Jan -2011 343255 05- Jan -2011 343256 05- Jan -2011 343812 26- Jan -2011 343813 26- Jan -2011 343814 26- Jan -2011 343257 05- Jan -2011 343311 07- Jan -2011 343471 12- Jan -2011 343620 19- Jan -2011 343258 05- Jan -2011 343259 05- Jan -2011 343260 05- Jan -2011 343473 12- Jan -2011 343621 19- Jan -2011 343621 19- Jan -2011 343815 26- Jan -2011 343478 14- Jan -2011 343816 26- Jan -2011 343312 07- Jan -2011 343817 26- Jan -2011 343474 12- Jan -2011 343313 07- Jan -2011 343475 12- Jan -2011 343819 26- Jan -2011 343314 07- Jan -2011 343623 19- Jan -2011 343624 19- Jan -2011 343820 26- Jan -2011 Purpose LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE TRAVEL /MILEAGE SERVICES SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE SERVICES REMITTANCE GRANT GRANT CONSULTING SERVICES REFUND MATERIALS MAINTENANCE /REPAIRS MATERIALS REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE PETTY CASH PETTY CASH MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS ADVERTISING SERVICES SERVICES GRANT ADMINISTRATIVE MATERIALS CONSULTING SERVICES REFUND Total Page 9 of 9 Amount 1.779.75 1,716.05 5,315.13 647.16 437.31 46, 860.73 150.00 2,042.99 1,537.75 874.16 77.07 605.92 1,322.47 654.87 689.81 2,828.67 2,601.02 6.00 37.50 177.53 69.94 1,691.89 50.00 997.79 3,043.43 621.50 552.30 223.81 62.51 150.00 143 00 65.00 14.00 28, 500.00 1,612.50 6,500.00 486.00 3.564.98 169.50 2,639.76 8,621.08 566.48 69.24 13,434.28 3,812.76 10,504.35 29.044.66 616.98 470.71 21786 278.88 52.03 2,838.10 1,331.48 4,277.75 221.37 488.06 25.397.47 21.50 15,025,465.05 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Department SUBJECT: R &C- 2011- 04 License Agreement between The Niagara Parks Commission and the City of Niagara Falls For the Use of the Willoughby Historical Museum RECOMMENDATION R &C- 2011- 04 February 14, 2011 1. That the City enter into a License Agreement with The Niagara Parks Commission ( "NPC ") with respect to the license for the use of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls ( "premises "); 2. That the Mayor and Clerk be authorized to execute such License Agreement. EXECUTIVE SUMMARY The following are the terms and conditions of the new License Agreement. Non - exclusive license for use of the building located on the premises; Five -year term ending on December 31, 2014; Nominal annual consideration ($1.00). BACKGROUND The Willoughby Historical Museum was established in 1967 in a former one -room red brick schoolhouse (1916 -1957) at the intersection of the Niagara Parkway and Weaver Road, approximately four kilometres south of the Village of Chippawa. The museum offers a gallery of exhibits dating from the late 1700's up until the 1960's and collects, preserves, researches, interprets and exhibits objects relating to the former Township of Willoughby, Village of Chippawa and surrounding area. In 1998, the City entered into a five -year Lease Agreement with NPC for the lease of the premises known as the Willoughby Historical Museum, which premises included the former one -room red brick schoolhouse, the washroom facilities, and the parking lot and grounds, for nominal annual consideration. February 14, 2011 - 2 - R &C- 2011- 04 In 2005, the City entered into an Extension of Lease Agreement with NPC for an additional term of five years, again for nominal consideration. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Lease Agreement and Extension of Lease Agreement provided that the City repair and maintain the lands and buildings. In actual practice, repairs and maintenance to the museum itself were undertaken by the City and repairs and maintenance to the washroom facilities, parking lot and grounds were undertaken by NPC. The Building Department has evaluated the condition of the facility and stated that minor building maintenance will be required during the next five years. The proposed new License Agreement will now accurately reflect the responsibilities of the parties. CITY'S STRATEGIC COMMITMENT The City's operation of the Willoughby Historical Museum is in keeping with its Strategic Plan for the provision of Recreation and Culture and is supported by the City's Heritage Master Plan. Recommended by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to adopt a mark, symbol or design for the City of Niagara Falls "iride niagarafallstransit the way to go!" logo for The Corporation of the City of Niagara Falls. WHEREAS Niagara Falls City Council approved the registration of the City of Niagara Falls "iride niagarafallstransit the way to go!" logo; and WHEREAS to make the logo official it is necessary for the municipality to request the Registrar to give public notice, in accordance with the provisions of Section 9(1)(N)(iii) of the Trade -Marks Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the marks, symbols or designs depicted and shown in Schedules "A ", "B ", "C" and "D" attached hereto and forming part of this by -law are hereby adopted as the official City of Niagara Falls " iride niagarafallstransit the way to go!" logos for The Corporation of the City of Niagara Falls. Passed this fourteenth day of February, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 SCHEDU EDULE ride SCF EDI ride transit transit the way to go! CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to designate Lots 23, 24 and 25 and Part of Lots 21 and 22, Plan 996 to be deemed not to he within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act . R.S.O.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act . R.S.O.1990: AND WHEREAS the said land is within a plan of subdivision registered in 1894; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: Lots 23, 24 and 25 and Part of Lots 21 and 22, Plan 996 shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this fourteenth day of February, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 S ',DEEMING BY -LAW DB -2010- 006, 4067 River Rd and 4327 Ferguson StADeeming Bylaw a.wpd CITY OF NIAGARA FALLS By-law No. 2011 - A by -law to designate Lots 10, 11, 25 and 26, Plan 306 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act • R.S.O.1 990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.0.1990: AND WHEREAS the said land is within a plan of subdivision registered in 1909: AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary: AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 10, 11, 25 and 26, Plan 306 shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this fourteenth day of February, 2011, DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 5:IDFFNIING BY -I AWlDB -2010 -006. 4067 River Rd and 4327 Ferguson St\Deeming Bylaw 6 wpd CITY OF NIAGARA FALLS By -Iaw No. 2011 - A by -law to amend By -law No. 79 -200, to permit the Lands to be used for a retirement home and off -site parking and to repeal By -law No. 90 -81. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The Lands shall be identified as two parcels, known as Parcel I -934 and Parcel P -935. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted use of Parcel I -934 shall be a retirement home. 6. The permitted use of Parcel P -935 shall be parking for a retirement home on Parcel 1 -934. 7. The regulations governing the permitted use on Parcel I -934 shall be: (a) Minimum yard depth from 0 metres Ferguson Street (b) Minimum interior side yard width (i) for a building or structure 3.5 metres (ii) for an accessory building 0.8 metres or structure (c) Minimum yard width from River 1 metre Road (d) Minimum yard depth from Elgin 4 metres Street (i) Maximum lot coverage Maximum height (i) (ii) of an accessory building or structure (g) Location of parking (h) Minimum length of a loading area The balance of the regulations specified for an I use. 8. The regulations governing the permitted use on Parcel P -935 shall be: (a) of a building or structure Minimum open space landscaped 19.1.934 Refer to By -law No. 2011- 19.1.935 Refer to By -law No. 2011- -2- 54% 11.5 metres 4.5 metres any required parking spaces that cannot be provided on Parcel I -934 shall be provided on Parcel P -935 6 metres (b) The balance of regulations specified for a P use. 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this By -law shall be shown on Sheet D3 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from TC and numbered 240 to I and numbered 934, and renumbering the Lands designated P -240 to P -935. 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: a 1.5 metre wide landscaped open space strip along and adjacent to a street and a 2.5 metre wide landscaped open space strip along and adjacent to the rear lot line 14. By -law No. 90 -81 is repealed. Passed this fourteenth day of February, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 SVONING\AMS \2010 \13y - laws \Byam020.wpd -3- SCHEDULE 1 TO BY -LAW No. 2011- Subject Land [= Amending Zoning By -law No. 79 -200 Description: Parcel 1: Lt 25 PI 996 Niagara Falls; Lt 24 PI 996 Niagara Falls; Pt Lt 23 PI 996 Niagara Falls; Pt Lt 22 PI 996 Niagara Falls; Pt Lt 21 PI 996 Niagara Falls As In R0550305; Niagara Falls Parcel 2: Lt 10 PI 306 Niagara Falls; Lt 11 PI 306 Niagara Falls; Lt 25 PI 306 Niagara Falls; Lt 26 PI 306 Niagara Falls; S/T R0666505 Niagara Falls Applicant: Baljinder Singh Assessment #: 272501000110700; Part 272501000105100 K: \GIS_Req uests \2010 \Schedu le \Zoni ngAM\AM- 20 \Mappi ng. map N S 1:NTS AM- 2010 -020 January 2011 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended: (a) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Queen Street South A point 22 metres west of St. Lawrence Avenue and At All Times Valley Way (d) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Queen Street South A point 22 metres west of St. Lawrence Avenue and At All Times a point 35 metres west of St. Lawrence Avenue Queen Street South A point 50 metres west of St. Lawrence Avenue and At All Times Valley Way -2- (c) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS St. Clair Ave. West Huron St. and Queen St. At any time (d) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Fraser Street South Stanley Avenue and the west limit of Fraser Street At All Times St. Clair Avenue West A point 30 metres south of Queen Street and At All Times Huron Street This By -law shall come into force when the appropriate signs are installed. Passed this fourteenth day of February, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2011 Second Reading: February 14, 2011 Third Reading: February 14, 2011 Passed this fourteenth day of February, 2011. First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 CITY OF NIAGARA FALLS By-law No. 2011- A by -law to authorize the execution of a License Agreement with the Niagara Parks Commission for the nonexclusive use of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls, Ontario. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A License Agreement made between The Niagara Parks Commission, as NPC, and the Corporation of the City of Niagara Falls as City, respecting the nonexclusive use of the lands for the purpose of operating a museum or historical society, as attached hereto, is hereby approved and authorized.. 2. The Mayor and Clerk are hereby authorized to execute the said License Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said License Agreement. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR THIS LICENSE AGREEMENT made in duplicate this? day of be A , 2010. BETWEEN: 1.1 THE NIAGARA PARKS COMMISSION Hereinafter called "NPC" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "Licensee" OF THE FIRST PART; OF THE SECOND PART. WHEREAS NPC is the registered owner of lands and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being part of Lot 16, Broken Front Concession, Niagara River, as shown outlined in bold on the plan attached as Schedule "A" ( "Lands "), which Lands include the schoolhouse located thereon, the washroom facilities situated at the rear of the said schoolhouse building, the parking lot and the grounds; AND WHEREAS the Licensee has requested NPC grant it a nonexclusive license to share part of the Lands for the purpose of operating a museum or historical society (the "Works "); AND WHEREAS NPC has agreed to grant such a license; NOW THEREFORE THIS AGREEMENTS WITNESSETH that in consideration of the sum of Two Dollars ($2.00) of lawful money of Canada and such other good and valuable consideration now paid by the Licensee to NPC, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: NPC grants to the Licensee a nonexclusive license for five years commencing on the 1' day of January, 2010 and ending on the 31' day of December, 2014 to share with NPC the use ofpart of the Land described in Schedule "A ", subject to the terms and conditions hereinafter set forth. 1.2 The Licensee shall have a nonexclusive license for it, its employees, servants, agents and/or invitees to enter, cross and pass the Lands, with or without vehicles, equipment, machinery or supplies for the sole purpose of the operation of the Works. 1.3 The Licensee shall operate the Works in accordance with federal, provincial and municipal law and regulations. - 2 - 1.4 The Licensee shall keep and leave the Works in good repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. 1.5 The Licensee, at its own expense, shall maintain and keep the Works and every part thereof in a clean and sanitary condition and in accordance with the standards set by NPC and all laws, directions, rules and regulations of the federal, provincial and municipal governments and shall keep the Works and every part thereof painted, presentable, and in good order and repair and will maintain, in good order and operating condition, all heating, airconditioning, mechanical, electrical and plumbing systems, together with doors, windows and equipment installed in or on the Works and its roof, and replace same whenever reasonably required, provided, however, that these obligations hereunder shall not extend to damage by fire, lightning, tempest or other perils against which NPC is insured. 1.6 The Licensee will do no act which will increase NPC's cost of insuring the Lands. 1.7 The Licensee shall promptly give NPC written notice of any property damage, accident or personal injury which has occurred on the Works. 1.8 The Licensee shall promptly given NPC written notice of any defect in the water pipes, gas pipes, heating apparatus, telephone, electrical wiring and building structure, including the roof, and shall be liable for any damage done by reason of water left running from the taps or from gas being permitted to escape. 1.9 The Licensee shall not assign or sublicense or part with possession of the whole or any part of the Works without the prior consent of NPC, which consent may be unreasonably or arbitrarily withheld, provided however, that leave is hereby given to the sublicensing of the Works to such bona fide historical society as the Licensee may elect. 1.10 The Licensee shall not, during the occupancy of the Works, alter or cause to be altered, the locking system on any door giving entry to any building on the Lands, except by mutual consent. 1.11 The Licensee shall, throughout the term of this License, provide and keep in force a commercial general liability insurance policy with respect to the activity carried on by it in or from the Works with a limit of $5,000,000.00 in respect of any injury to or death of one or more persons and loss or damage to the property of others or such other coverage as NPC may from time to time require. All insurance required hereunder shall be on terms and conditions satisfactory to NPC and shall exclude the exercise of any claim by the Licensee's insurers against NPC by subrogation and shall include a cross liability clause. The Licensee shall, at all times, maintain on file with NPC, copies of current policies and certificates thereof and proof of their renewal and payment of premium. If the insurance premiums of - 3 - NPC shall increase because of anything done or omitted to be done by the Licensee, the Licensee shall pay the amount of the increase to NPC. If any act or omission by the Licensee shall render the Lands uninsurable, this License shall forthwith be terminated. 1.12 The Licensee covenants to indemnify and save harmless NPC of and from all fines, suits, claims, demands and actions of any kind or nature to which NPC shall become liable by reason of any breach, violation or nonperformance by the Licensee or any contractor covenant or provision hereof or by reason of any injury suffered by or occasioned to any person or property caused by the negligent act or omission of the Licensee or by any person for whom the Licensee is responsible in law. 1.13 The Licensee acknowledges that the washrooms on the Lands are nonexclusive and are shared by NPC and the public and that NPC will be carrying on horticulture maintenance facilities for its property from the Lands using the garage for such purpose. 1.14 The Licensee shall pay a license fee of One Dollar ($1.00) per year at the commencement of each year of the term and shall pay, as they become due, all property taxes and grants in lieu thereof, that may be assessed in respect of the Lands and all utilities services supplied to the Works. 1.15 If the Licensee violates any of the conditions of this Agreement and does not remedy the violation within fifteen days after receiving notice specifying the violation, or if it ceases to operate the Works, the rights, powers and privileges granted to the Licensee under this Agreement will terminate. 1.16 Either party may terminate this License on six months notice, in writing. 1.17 Provided, however, that subject to the rights of the Licensee, NPC may use the surface of the said Lands for all purposes authorized by The Niagara Parks Act which do not create a permanent structure. 2.1 The parties acknowledge that this License does not create an interest in the Lands and only that of Licensor and Licensee is intended and they expressly disclaim any intention to create a joint venture, partnership or agency. 3.1 It is understood that this Agreement is only for the carrying on of the Works described and any subsequent variation or extension requires a further agreement or a written amendment to this one. 4.1 Notwithstanding any rule of law or doctrine of equity, all improvements, except those required by this License, made to the Works by the Licensee shall at all times remain the property of the Licensee, notwithstanding that the same may be annexed to or affixed to the Works and shall at all time or from time to time be removable in whole or in part by the -4- Licensee or by its successors and assigns. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals under the hands of their proper officers duly authorized in that behalf. THE NIAGARA PARKS COMMISSION Per: Name: Title: Z�7`e.� /i�, G'e•�e / THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: James M. Diodati Mayor Dean Iorfda, City Clerk Dec. 14. 2009 10:05AM NIAGARA PARKS ENGINEERING No 5887 P. 1 SCHEDULE "A" SITE PLAN CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of $15,025,465.05 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 December 30, 2010 to January 27, 2011. Passed this fourteenth day of February 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of February. 2011. 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 14' day of February. 2011 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. 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 behalfofthe Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourteenth day of February 201 1. DEAN IORFIDA, CI "IY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 14, 2011 February 14, 2011 February 14, 2011 CITY OF NIAGARA FALLS By -law No. 2011 -