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2011/04/18COUNCIL MEETING Monday, April 18, 2011 Order of Business and Agenda Package Niagaraf1alls t 1 \ 1 i \ Background Material: Recommendation Report: PD- 2011 -20 -AND- COUNCIL MEETING April 18, 2011 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of April 4, 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. PLANNING MATTERS Public Meeting AM- 2010 -008, Official Plan and Zoning By -law Amendment Application 4825 Pettit Avenue Applicant: Paletta International (1990) Inc. Proposed Multiple Unit Residential Development Correspondence from John Fedor Correspondence from Judith MacCarthy Correspondence from Roy and Betty Moreau Correspondence from Vic and Angela Panczuk Correspondence from Mark Stirtzinger Correspondence from Doug and Moira Thompson Correspondence from Holley Corfield Correspondence from Mary Beth Corfield Public Meeting 26T -11- 2010 -01 & AM- 2010 -004 Oldfield Plan & Zoning By -law Amendment Application Drummond Road ( West Side), North of Oldfield Road Owner: Oldfield Development Inc. ( Mark Basciano) Background Material: Recommendation Report: PD- 2011 -25 -AND - Correspondence from Donnelda Cameron 2 Public Meeting Telecommunication Facility Consultation, 9711 Lyons Creek Road Applicant: SBA Canada, ULC Agent: The Biglieri Group Background Material: Recommendation Report: PD- 2011 -28 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Winter Festival of Lights - requesting a grant equal to the waiver of fees related to the Gale Centre and shuttle service for the Canadian Veterans National Rendezvous. RECOMMENDATION: For the consideration of Council. 2. Enbridge Ride to Conquer Cancer - requesting a grant equal to the cost of a building permit for tents for their event. RECOMMENDATION: For the consideration of Council. 3. St. Michael and St. Paul High School Relay for Life - requesting relief from the time provisions under the Noise By -law. RECOMMENDATION: For the approval of Council, subject to all amplified music outside ceasing at 11:00 p.m. APPOINTMENT MATTERS - 3 - 4. Ontario Society of Chiropodists - request the month of may be proclaimed as "Food Health Month ". RECOMMENDATION: For the approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS 1. Chief Administrative Officer CD- 2011 -08 - Citizen Appointments 2. Chief Administrative Officer CD- 2011 -07 - Council Appointments on External Agencies, Boards and Commissions BUDGET Chief Administrative Officer F- 2011 -12 2011 Municipal Utility Budget The Director of Finance will also introduce the Capital Budget. RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of subdivision (26T -11- 2005 -01, Chippawa West Phase II) are minor in nature and do not require any further notice. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of condominium (26CD -11- 2007 -06, 6911 -6921 Barker Street) are minor in nature and do not require any further notice. 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2011 -15 - Municipal Accounts F- 2011 -16 - Tax Receivables Monthly ( Month) PD- 2011 -21 - 26CD -11- 2007 -06, Extension to Draft Plan Approval. Draft Plan of Condominium ( Conversion). 6911 -6921 Barker Street ( Northwest Corner of Dorchester Road) Applicant: Brian Sinclair & Karen DeGiorgio, 623381 Ontario Inc.(Karen DeGiorgio) and FKS The Real Estate People Inc. PD- 2011 -22 - DB- 2011 -002, Request for Deeming By -law Lots 6 and 11 and Part of Lt 5, Block "0" Plans 999 and 1000. Owner: 22438806 Ontario Inc. ( Keefer Developments Ltd.) 4410 -14 Queen Street and 4409 Huron Street PD- 2011 -23 - 26T -11- 2005 -01, Draft Plan of Subdivision Part of Lots 19, 20 and 21 Concession 3, Willoughby Township City of Niagara Falls. Owner: Queensway Chippawa Proeprties Inc. c/o Metrus Development Inc. Agent: KLM Planning Partners Inc. Proposed Modification to Existing Draft Approved Plan of Subdivision. PD- 2011 -24 - AM- 209 -012, Zoning By -law Amendment Application, 5823 Temperance Avenue. Applicant: Ben Yosef 2008 Inc. Removal of a Holding (H) Symbol PD- 2011 -26 - CB&FIG 2011 -001, Facade Improvement Application. Ms. Candice Legacy, 4660 Queen Street PD- 2011 -27 - Roof Replacement - Old St. John's Anglican Church, 3394 -3428 Portage Road. TS- 2011 -22 - Transit Smart Card Fare Media Results - 5 - BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -47 A by -law to designate Lots 6 and 11, Block "0" Plans 999 and 1000 to be deemed not to be within a registered plan of subdivision. (DB- 2011 -002) 2011 -48 2011 -49 A by -law to extend and execute a Memorandum of Understanding with DataFix for the Municipal VoterView (MW) Services. 2011 -50 A by -law to amend By -law No. 2010 -91, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands on the west side of Temperance Avenue, north of Ferry Street, to permit a Group Home Type 1, licensed by the municipality, for up to 17 persons. (AM- 2009 -012) A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2011 -51 A by -law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls. 2011 -52 A by -law to establish part 2 of Reference Plan 59R -14358 as a public highway, to be known as and to form part of Kalar Road. 2011 -53 A by -law to authorize the payment of $40,214,573.28 for General Purposes. 2011 -54 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of April, 2011. NEW BUSINESS Niagara 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 -20 AM- 2010 -008, Official Plan & Zoning By -law Amendment Application 4825 Pettit Avenue Applicant: Paletta International (1990) Inc. Proposed Multiple Unit Residential Development EXECUTIVE SUMMARY PD- 2011 -20 April 18, 2011 RECOMMENDATION 1. That Council approve the Official Plan amendment application, in part, to redesignate the property from Industrial to Residential with a Special Policy Area designation limiting the density of development on the and to 50 units per hectare and building heights of 6 storeys, requiring the frontage lands along Pettit Avenue and Cropp Street to be developed with single detached, semi - detached and /or on- street townhouse dwellings, and requiring the completion of an Environmental Site Assessment and a Noise and Vibration Study prior to development. 2. That Council defer consideration of the zoning amendment until a revised concept plan and revised zoning by -law amendment application are filed in compliance with the recommended policies. That the application be denied, as the application proposed is an over intensification of a residential area that is not compatible with the surrounding neighbourhood and that the density proposed does not conform with the City's Official Plan The applicant has requested Official Plan and Zoning By -law amendments to permit the site of the former Chef - Boy -R -Dee plant to be developed with up to 456 dwelling units comprised of up to 69 on- street townhouse dwelling units and up to five 4 -6 storey apartment buildings, containing up to 387 dwelling units. The amendments would also permit one or more of the apartment buildings to be developed as retirement homes. The amendments, as requested, cannot be recommended because the proposal does not comply with the intent of the Official Plan of avoiding undue concentrations of housing types and because it would significantly alter the nature of the neighbourhood. Redesignation of the subject site from Industrial to Residential is recommended subject to limiting the maximum overall density to 50 units per hectare, limiting the redevelopment of the Pettit Avenue and Cropp Street frontages of the property to single detached, semi- detached and /or on- street townhouse dwellings and requiring the completion of an Environmental Site Assessment and a Noise and Vibration Study. The recommendation is based on the following: • The change from Industrial to Residential will eliminate the land use conflicts that April 18, 2011 - 2 - PD- 2011 -20 could result from having an industrial use re- established in a residential neighbourhood. The recommended housing density would achieve a more compatible mix within the neighbourhood, would lessen the impact on the nature of the surrounding residential neighbourhood and would better reflect the City's future housing targets. An Environmental Site Assessment is required to be completed before the lands can be developed and used for residential purposes due to their former industrial use. The Noise and Vibration Study submitted with the application recommends further analysis be completed after the existing industrial building has been removed. Zoning approval should be withheld until a revised development concept can be submitted in keeping with the recommended overall site density. BACKGROUND Proposal Amendments to the City's Official Plan and Zoning By -law are requested for the 4.23 hectare (10.45 acre) parcel of land known as 4825 Pettit Avenue which was formerly the Chef - Boy -R -Dee plant, (see Schedule 1). The applicant is seeking policy and zoning approvals which would allow the property to redevelop for up to 456 dwelling units comprised of up to 69 on- street townhouse units and up to five apartment buildings between 4 and 6 storeys, containing up to 387 dwelling units. Approvals are also being sought to allow retirement residences as an alternative use to the apartment building(s). Schedule 2 shows details of the proposed development. The applicant has requested an Official Plan amendment to redesignate the lands from Industrial to Residential with special policies to allow the form and density of development. The applicant is also requesting 1 hectare of land fronting on Cropp Street and Pettit Avenue to be rezoned from Light Industrial (LI) to a site specific Residential Mixed (R3) zone. The R3 zone would permit single detached dwellings, semi - detached dwellings and /or on- street townhouse dwellings with reductions in lot frontage, lot area, front yard depth, rear yard depth and side yard widths and increased lot coverage and building heights as well as tandem parking spaces. The applicant is concurrently requesting a zoning change for 3 hectares from Light Industrial (LI) to a site specific Residential Apartment 5D Density (R5D) zone to permit five 4 -6 storey apartment buildings at a density of 125 units per hectare. Site specific provisions would be needed for the reduced lot frontage, rear yard depth, side yard width and parking requirements. A Retirement Home is also requested to be added as a permitted use under the R5D zone. When the application was submitted in April 2010, it proposed up to 363 dwelling units where the apartment buildings were limited to 4 storeys in height. April 18, 2011 Neighbourhood Description and Surrounding Land Uses The property is occupied by a large, vacant industrial building and is located in the northern portion of the Burdette Neighbourhood. This neighbourhood is bounded by the CN railway to the north, the Hydro Canal to the south, Dorchester Road to the west and Drummond Road to the east. This residential enclave is further isolated from other residential areas in the City by commercial and industrial uses. The neighbourhood is comprised mostly of single and semi - detached dwellings. An 8- storey apartment building (Dufferin Place) and townhouse complex are located on Dorchester Road at the southern limit of the neighbourhood with a small apartment building and townhouse complex on Drummond Road. The current housing mix in the neighbourhood is approximately 71% single and semi - detached dwellings, and 29% townhouse and apartment units. A mix of small scale industrial and commercial uses exist between the CN railway line and Morrison Street. Further to the north is the Zellers Plaza and to the west of Dorchester Road is the Adams Centre which provide a wide range of commercial outlets and services. 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 ■ • Municipal Works - 3 - PD- 2011 -20 No objection, subject to any local concerns. Inclusion of a Holding (H) symbol in the zoning by -law until the following issues are satisfactorily addressed: ► completion of a Phase 2 ESA; • a Record of Site Condition (RSC); and ► an addendum noise study be conducted after the existing industrial building is removed and any recommended mitigation measures be included as conditions of draft approval in the future. No objections. Services are adequate for the development. There have been no recent problems with sewer backups. As the proposed development will reduce the amount of hard surface area and related surface run -off is expected to be reduced, staff has no stormwater management concerns. • Transportation Services The Traffic Impact Study submitted with the application adheres to accepted industry standards. The study demonstrates the estimated traffic can be safely accommodated on the existing road network. April 18, 2011 Although the proposal will lead to more outbound traffic in the morning, certain aspects of former industrial operations, such as heavy truck traffic on surrounding streets, will be eliminated. No objections to the requested reduction in parking requirement for the apartment dwellings, from 1.4 spaces per dwelling unit to 1.17 spaces per dwelling unit, nor the establishment of a parking requirement of two tandem parking spaces per on- street townhouse dwelling unit. However, the configuration of the townhouse dwellings and driveways do not permit on- street parking for visitors on the north side of Cropp Street or the west side of Pettit Avenue. • Parks and Recreation The site is in close proximity to Carolyn Neighbourhood Park. There is sufficient parkland in this area to serve existing and additional residents. As such, cash -in -lieu of parkland dedication will be requested at the appropriate stage. The inclusion of children's playground and recreational amenity areas in the development is recommended at the site plan or condominium approval stage. • Legal Services, Fire Services, Building Services - No objections. • Bell An easement may be required to service the property. Further detailed review will occur through other Planning Act applications. Surrounding Residents Neighbourhood Open House - 4 - PD- 2011 -20 Letters have been submitted and are on tonight's agenda. They express concerns about an excessive number of people proposed to be added to the neighbourhood as well as traffic problems the development may cause. Approximately 70 residents attended the neighbourhood open house held on August 31, 2010. The following concerns were expressed: The development proposes an excessive number of dwelling units and future residents, which would be incompatible with the surrounding neighbourhood. The location of the development is physically separated by the railway line from the commercial development it would support. The development would generate an excessive amount of traffic on the surrounding local roads and would exacerbate existing traffic problems such as queueing at intersections. April 18, 2011 ANALYSIS - 5 - PD- 2011 -20 The need for this amount of multiple unit housing has not been demonstrated. The development may have adverse impacts on infrastructure given previous sewer back ups and poor road conditions in the area. Whether parkland is adequate to serve the development. The scale of the development. Following the neighbourhood meeting the applicant was invited to consider changes to address residents' concerns. The applicant advised staff that they did not wish to make any changes and asked that the application proceed to a public meeting before Council. 1. Provincial Policy Statement and Growth Plan Provincial policies promote increased densities and compact development within built -up areas. A minimum of 40% of the annual residential growth in the City is to occur within the built -up areas by 2015. The City undertook a Residential and Employment Land Needs Analysis (urbanMetrics, October 2007) to determine whether the City had enough lands to meet projected growth. This study proposed that in the longer term, the future housing mix should be comprised of 60% single and semi - detached dwellings and 40% multiple unit dwellings (ie. 25% townhouses and 15% apartments). The study found that the City has a sufficient supply of high density lands to meet demand beyond 2031. The existing housing ratio in the Burdette Neighbourhood is 71 % singles and semis and 29% multiple units. Planning staff cannot support the development as proposed. The proposed development would nearly double the number of housing units in the neighbourhood, and change the housing mix to 39% low density and 61 % medium to high density, whereas the recommended ratios in the urbanMetrics report, adopted by the City, is 60/40 singles /multis, respectively. The City's supply of land suitable for low density housing in the built -up area is limited, whereas additional land for high density housing is not necessary to meet projected demand. However, the development of low to medium density residential would assist in balancing the land supply within the built -up area and would assist the City in meeting its future intensification target. 2. The City's Growth Plan Conformity Policies Staff is currently preparing Official Plan Amendment No. 94 (OPA 94) to ensure the Official Plan conforms with the Provincial and Regional Growth Plan policies. Staff expect to present the amendment to Council for its consideration in May. The Morrison /Dorchester node is identified for residential intensification because of its proximity to major commercial facilities and access to public transit. The policies allow large parcels of land to be developed at increased densities and building heights provided they are compatible with surrounding land uses. April 18, 2011 3. Official Plan Change from Industrial to Residential - 6 - PD- 2011 -20 An early draft of OPA 94 policies proposed that the lands west of Dorchester Road could be considered for densities in the range of 150 units per hectare. In the area east of Dorchester Road, it was initially proposed that the Pettit Avenue and Cropp Street frontages would be permitted to be considered for development at a density of 25 to 50 units per hectare with building heights of 2 to 3 storeys. The northerly part of the subject lands could be considered for development at a density of 50 to 100 units per hectare and building heights of 4 to 6 storeys. These policies were presented to the public at an open house in November 2010. Area residents voiced strong opposition to the proposed heights and densities stating that they would negatively impact the character and compatibility of the neighbourhood. Specific concerns regarding increased traffic were also expressed. In response to these comments, staff revised the OPA 94 policies to limit developments with densities of greater than 50 units per hectare to lands that have direct access to an arterial road. Accordingly, the revised policies would limit the density on the subject lands to 50 units per hectare since they do not have direct access to an arterial road. The revised policies were presented at a follow -up open house in February 2011 where they received support from the majority of area residents. The proponent objects to the changes in draft policy. Since the policies are not adopted, they can serve only as guidelines at this point. The requested redesignation of the land in the Official Plan from Industrial to Residential is supported. The subject property is located within a residential neighbourhood and isolated from other industrial properties to the north and west by the railway line and Dorchester Road, respectively. Access to the site is by a local road. Generally, land uses that cause industrial traffic (heavy trucks) to use local residential streets is undesirable. If the designation and zoning of the property is not changed and the former industrial plant is not removed, industrial uses could be re- established that could generate noise, odour and operational issues that would impact surrounding residents. The requested redesignation is appropriate as it eliminates potential land use conflicts. Revitalization of brownfield sites with more compatible land uses is desirable. The City's Residential and Employment Land Needs Analysis noted that the City has a large surplus of industrially designated lands. The removal of this land from the City's industrial inventory will not have a negative impact on the City's industrial growth. 4. Special Policy Area Designation The applicant has requested a Special Policy designation to add specific policies to guide the development of the subject land. The policies requested by the applicant would permit 1.13 hectares of land fronting onto Cropp Street and Pettit Avenue to be developed with single detached, semi - detached and /or on- street townhouse dwellings which would provide between 34 and 69 units. The type of housing is considered to be compatible with the semi - detached and detached April 18, 2011 - 7 - PD- 2011 -20 houses on the opposite sides of the respective streets. The standard density for on- street townhouses is 50 units per hectare, whereas the application is for 61 units per hectare. A density in keeping with the Official Plan would allow up to 56 on- street townhouses to develop. The applicant has also requested that 3.09 hectares of land behind the frontage lands on Cropp Street and Pettit Avenue be permitted to be developed with 4 to 6 storey apartment buildings at a density up to 125 units per hectare. This would permit up to 387 units on these back lands. This is the highest density permitted by the Official Plan and is typically reserved for intensification projects next to major commercial lands; such development must still satisfy the policies for development to be coordinated with surrounding development and housing mix and densities. Undue concentrations of any particular housing type is to be avoided. The 5 proposed apartment buildings represent an undue concentration of one type of housing. As previously stated, this intensity of development would reverse the mix of single and semi - detached dwellings versus the multiple units in the neighbourhood. The nature and composition of housing in the neighbourhood would be affected. The Official Plan provides that single detached housing will continue as the dominant character. The Plan also provides that new residential development be integrated to achieve compatibility and sensitivity to the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The proposal places the apartment buildings behind the townhouses on Cropp Street and Pettit Avenue thereby setting the buildings back from the existing low density housing. Thus a gradation in building heights is achieved between the existing development by providing 2 to 3 storey townhouses which transitions to 4 storey and then 6 storey apartment buildings. However, the proposed density represents an over development of the site. If the lands were developed at a density of 50 units per hectare it would result in 210 dwelling units on the site. If the front lands developed with 34 single detached dwellings the rear lands could develop with 176 apartment units. This would change the mix in the neighbourhood to approximately 56% single and semi - detached dwellings and 44% multiple dwelling units. This is close to the ratio contained in the Residential & Employment Land Supply Report. If all 210 units were developed with a combination of townhouses and apartment units the neighbourhood mix would be 52% singles and semis and 48% multis. The Official Plan provides that higher densities may be located where lands abut a commercial zone and requires new multiple residential development to have reasonably direct access to arterial roads. Given the site's proximity to a Major Commercial node, some increased density would be acceptable, however, all access to the site is via local roadways. The closest arterial road is Dorchester Road. The applicant's traffic consultant provided a traffic study which projected travel patterns. A little Tess than 50% of the peak morning trips generated by the project will exit via Cropp Street to Dorchester Road with about 50% of the trips traveling south on University Avenue to Dawson Street to reach Dorchester Road. In the evening the majority of the trips will be to and from the development via April 18, 2011 5. Zoning By -law - 8 - PD- 2011 -20 Cropp Street. The traffic report states that these trips are 20 to 25% lower than trips that would be generated by an industrial use on the same site which is Tess compatible with residential traffic. The report also stated that there is sufficient capacity to accommodate the additional traffic and the intersections would operate satisfactorily. Removal of the industrial designation would remove a potential land use conflict. The Official Plan requires that an Environmental Site Assessment and the filing of a Record of Site Condition be completed before residential redevelopment occurs. A mix of low and medium density housing could serve to meet the projected short and medium term housing needs of the City. The costs to demolish buildings and remediate a brownfield site and the need to provide setbacks and noise mitigation from the railway necessitate multiple unit development. If appropriately scaled, a modest amount of multiple dwellings can be accommodated on the site. The applicant has submitted a draft zoning by -law amendment application to support the submitted concept attached as Schedule 2. As the recommended Official Plan policies would result in a significant redesign of this concept, consideration of the zoning by -law amendment should be deferred until a revised concept and zoning by -law amendment application have been submitted. CITY'S STRATEGIC PRIORITIES The recommended Official Plan amendment is in keeping with the following strategic initiative: Residential use of the land would support the economic viability of the nearby commercial node and remove potential land use conflicts that currently exist. The recommended density would achieve a degree of compatibility with surrounding development and take advantage of existing infrastructure. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Concept Plan • Appendix 1 - Recommended Draft Official Plan Policy Recommended by: Respectfully submitted: /1 '7 t Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer A. Bryce /A. Herlovitch: bm Attach. S: \PDR\2011 \PD- 2011 -20, AM- 2010 -008, 4825 Pettit Ave, Paletta International (1990) Inc.wpd April 18, 2011 - 9 - APPENDIX 1 PART 2 - BODY OF THE AMENDMENT PD- 2011 -20 All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. xx ", shall be redesignated from Industrial to Residential and identified as Special Policy Area "xx" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is amended by adding the following new subsection: 14.xx SPECIAL POLICY AREA "xx" Special Policy Area "xx" applies to 4.22 hectares of land located at the north -west corner of Pettit Avenue and Cropp Street. 14.xx.1 14.xx.2 14.xx.3 The land may be developed with a mix of single detached, semi- detached, on- street townhouses dwellings, apartment buildings and retirement residences to a maximum density of 50 units per hectare. The development of the Pettit Avenue and Cropp Street frontages shall be limited to single- detached, semi - detached and on- street townhouse dwellings. The balance of the site may be developed for townhousing, apartment buildings and /or retirement homes not exceeding 6 storeys in height. Appropriate separation distances from the CN railway and a gradation in building heights and densities between existing residential areas and apartment dwellings or a retirement home shall be provided. To ensure the site is properly decommissioned to the satisfaction of the City and the Region of Niagara, the amending by -law shall include a Holding "H" symbol. Prior to the removal of the "H" symbol, the landowner or developer shall: 1) complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC; and complete the necessary Noise and Vibration Study. April 18, 2011 - 10 - SCHEDULE 1 PD-2011-20 Subject Landi 1 AORRISON ST = — 5T DiCWSON ST in 0 74 LOCATION MAP Amending the Zoning By-law No. 79-200 Location: 4825 Pettit Avenue Applicant: Paletta International (1990) Inc. CliERRY1 DR I -- ii1ORRISON 51* blo pp SI' t" f561 =It 511 uRDETTE DR K F ER 5 CRO 5 \*. BRI •1 August 2010 AM-2010-008 April 18, 2011 SCHEDULE 2 PD- 2011 -20 (4/14/2011) Dean Iorfida - City File AM- 2010 -008 (old Chef Boyardee plant and property) Page 1 From: <jfedor @sympatico.ca> To: Alex Herlovitch <aherlovitch @niagarafalls.ca >, All City council <council... Date: 4/8/2011 10:48 AM Subject: City File AM- 2010 -008 (old Chef Boyardee plant and property) Alex Herlovitch, Director of Planning, Building and Development, Niagara Falls Re:4825 Pettit Avenue (Roll No: 2725- 050 - 004 - 17300) Official Plan and Zoning By -law Amendment Application City File: AM- 2010 -008 Dear Sir: Any plan to upgrade the parcel of land above is recognized as a vast improvement if it eliminates the detoriating, abandoned factory, now the property of Paletta International Inc. But what is of great concern to me and some of my neighbours in the present proposal is the high density (now euphemistically called an Intensification Corridor) of housing units in the 4- hectare parcel. It's the kind of high density that seems to be tolerated in Halton or the Greater Toronto Area. The Paletta proposal would be unprecedented in Niagara Falls especially in an area that already has monumental traffic problems at times because of the rail line that borders the said land. The area is bounded by this very active railway line, the Hydro Canal, Morrison Street and Dorchester Road. Any approval for the plan being presented by Angelo Paletta's company should be carefully considered by the Niagara Falls planning department and elected officials and not let it create an instant overpopulated area that could only lead to traffic and safety problems. I'm sure this is not the kind of legacy the present council wants to leave behind. I trust city officials and council will be prudent in their analysis of the application and have consideration for the people already residing in the area. The number of dwelling units in the proposal needs to be greatly scaled back even though the developer may argue that it is necessary to have his proposed density to make the development profitable or to use developers' stock -in -trade response — `economically viable.' Sincerely, John Fedor, 4975 Camelot Cres. Niagara Falls cc Mayor Ryan Diodati, and City Councillors Alex Herlovitch, Director of Planning & Development, City Hall, PO Box 1023, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Attention: Alex Herlovitch. Thank you for addressing my concerns. I wish to be notified of future developments. Sincerely, Judith MacCarthy, [905.356.7390] e -mail: gerryandjudy @sympatico.ca C�.aun 4eu twut"ae ( "1 Planning , r Scanned 6139 Summer Street, Niagara Falls, ON L2G 7L3 March 24, 2011 The following is in regards to City File AM -2010 -008: the proposed zoning & official plan changes to 4825 Pettit Avenue, by Paletta International Inc. On Monday, Dec.13, 2010 City council approved the placement of a single -use Roger's telecommunications tower at 6700 Morrison Street. Dealing with this matter: In the Appendix 5 [PD- 2010 -93] from Labreche Patterson & Assoc.Inc., under comments received [ #3] I read: "Paletta Inc. Corp. owns the industrial buildings [4825 Pettit Ave.] to the south of the subject property [6700 Morrison St.] and is planning a residential development for the subject lands [4825 Pettit Ave.]. My concern is the placement of the Roger's tower so close to the proposed Paletta land. All my research indicates cell tower base stations should be from 300 - 500 meters [at least] away from residential areas. Q. What distance would the Roger's tower be from the Paletta property? On Wednesday, March 16, 2011 I attended an open house for the proposed Bell Mobility 40 meter high telecommunications monopole at 4536 Portage Road. This cell phone tower can accommodate an additional carrier, or two. Q. Would Roger's be willing to tag onto the Bell tower? I understand the Morrison Street tower is being erected to service the areas of Riverside Drive and Jefferson Boulevard in New York State. RECEIVED MAR 252011 PLANNING & DEVELOPMENT Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 ..f:r Planning rcd de? o‘111c' i 4993 University Avenue Niagara Falls, Ontario L2E 7B9 March 22 2011 With reference to the proposed redevelopment of the former Chef Boyardee property, 4825 Pettit Avenue, from light industrial to residential, we are definitely opposed. The density of the property in question is far too much. With all these multiple dwellings we are looking at what could be a total of at least 700 occupants. Traffic problems in this area are now horrendous. Traffic on Morrison Street, when stopped for a train, is backed up past Drummond Road as it is. Cropp Street and Burdette Drive are not main roads and are not designed to handle all that extra traffic. University Avenue will be extended as an entrance into the property making our quiet street a speedway, especially when Dorchester Road traffic is backed up due to a train. One must also take into consideration the availability of schools and parks in the area. Are these proposed units going to be privately owned condos or rental apartments? Will they be "low rental" units? This area already has semi - detached homes, so we do not have a problem with this portion of the plan. We are in favour of redevelopment of the property, but not with the density that is being proposed. Family and semi - detached homes, in keeping with the character of our area would not be a problem. We previously attended the meeting at City Hall dealing with the first draft of the proposal, and cannot see where there is too much difference between the first plan and the one that we are seeing now, with the exception of the retirement home. When questioned previously about our concerns, the answer given to most questions was "it's up to the builder" and when we asked who the builder was, the answer given was, "I don't know ". We left that meeting very frustrated to say the least. We shall be attending the April 18" meeting. Sincerely, Roy and Betty Moreau. RECEIVED MAR 3 0 2011 PLANNING & DEVELOPMENT (4/14/2011) Dean lorfida - Re: Paletta International Inc. development proposal From: "Vic" <vpanczuk @cogeco.ca> To: <council @niagarafalls.ca> Date: 4/13/2011 9:47 PM Subject: Re: Paletta International Inc. development proposal Dear Councillors: This email is being sent to express our extreme opposition to the current Paletta International Inc. re- zoning and development proposals involving the property at 4825 Pettit Avenue, as described in the City Hall notice dated March 18, 2011. We, and many other area residents, have serious concerns regarding the negative impacts this development would have on the immediate vicinity, including, but not limited to, the following: 1. A fundamental concern is that the proposed residential development will not occur in a manner that is compatible with the surrounding neighbourhood. Most area residences are owned, fully detached homes, with some semi - detached units. 2. We understand that the proposed units will be designed to accommodate an average of 2.6 persons per unit. A total of up to 456 planned units (including townhouses, semi - detached, and apartments) could house roughly 1,185 or more people in a 4.2 hectare area. The equivalent is more than 108 units and 282 persons per hectare. This housing mix and population density does not appear consistent with the surrounding area. I can't imagine that this will serve to minimize traffic movement on local streets. 3. Have any studies been either proposed or already done to assess the effects of increased demands on water supply and sanitary sewage, traffic volumes, road and service infrastructure, and availability of open and green spaces? If so, how and when do we access the results of these studies? We can appreciate the goals of the city's official plan and agree that the above - mentioned space should be utilized in some manner consistent with those goals. Perhaps, more retirement housing with plenty of park or recreation areas could be considered as an alternative. In conclusion, we contend that sanctioning the design, as presented, will serve to deter and limit the ability of area residents to enjoy the relative peace and quiet of their neighbourhood. We trust that you will give all due consideration to this very important issue. Thank you, Vic and Angela Panczuk 5035 University Avenue L2E 7B2 905 - 357 -4586 Page 1 (4/13/2011) Dean Iorfida - Re: 4825 Pettit Ave Official Plan and Zoning By -Law Amendment Application Page 1 From: To: CC: Date: Subject: Attachments: Hi Ken: Diane Stirtzinger <diane.stirtzinger032 @sympatico.ca> <kmech @niagarafalls.ca> "Hbrown2" <hbrown2 @cogeco.ca >, <barnsley @niagarafalls.ca >, "'Dean lorfid... 4/12/2011 7:58 PM Re: 4825 Pettit Ave Official Plan and Zoning By -Law Amendment Application image0.jpg Could you please forward the City Staff report concerning parcel 4825 Pettit Ave Official Plan and Zoning By -Law Amendment Application, prior to April 18 public meeting. At a previous Public Open house on Feb 16, 2011, we residents were informed by the City, that planning staff would propose a draft amendment to the official plan restricting the height for the said parcel of land to a maximum of 2 to 3 stories. See attached image. This application (below) by the owner is for high density 4 to 6 stories. Why the differences? Increasing the density in the Morrison Dorchester node is very questionable. The parcel is restricted by CN right -of -way and has no access to a collector road. This is a significant concern and a problem as I see it. Thank you for your cooperation. Mark Stirtzinger, CET 4687 Pettit Avenue Niagara Falls, ON (905) 357 -1617 (4/13/2011) Dean lorfida - image002.png NiagaraFulls 4825 Pettit Avenue (Roll No.: 2725 - 050-004 - 17300) Official Plan and Zoning By -law Amendment Application City File: AM- 2010 -008 Applicant: Paletta International (1990) Inc. PROPOSED CHANGE An application to permit the subject land to be redeveloped residential purposes with up to 69 street townhouse dwelling units, semi - detached dwellings and`or single detached dwellings and up to live 4 -6 storey apartment buildings containing up to 387 dwelling units. One or more of the apartment dwellings may be developed as a retirement residence. Schedule I shows details of the proposed development. The 4.2 hectare site is currently designated Industrial in the City's Official Plan and zoned Light Industrial (1.1) in accordance with By -law No. 79 -200. The applicant is requesting the site to be redesignated Residential and a Special Policy Area to permit the proposed development. The applicant is concurrently requesting a 3 hectare portion of land to he placed under a site specific Residential Apartment 5D Density (R5D) zone to permit the apartment m project at the height and density proposed with reduced lot frontage, rear yard depth, side yard width and parking requirements. A retirement home would be added as a permitted use under the R5D zone. The applicant is also requesting a 1 hectare portion along Cropp Street and Pettit Avenue to be placed under a site specific Residential Mixed (R3) zone to pen single detached dwellings, semi - detached dwellings andior townhouse dwellings with reduced lot area, lot frontage, front yard and rear yard depths and side yard widths and increased lot coverage and building heights as well as tandem parking spaces. IIAVE YOUR SAN` Input on any proposed Official Plan and Zoning By -law Amendment is welcome and encouraged. You can provide input by: speaking at the public meeting or by making a written submission. PUBLIC NIEETING Date: Monday, April 18, 2011 Time: 6:30 PM NOTICE OF APPLICATION & PUBLIC MEETING Place: City of Niagara Falls Council Chambers, City Hall 4310 Queen Street Page 1 (4/13/2011) Dean lorfida - image0.jpg [ 11 DAWSON ST - r - rj_ '------ ‘ -----, ; ■ --.{.--- iS .---._.\ > ---- LTA ___L__. --1,-- )v celtt, , — ;._..; 31orchestec•Ferr sa Ncoe Bo3noace ,----- Maximum Maximum Minimum '----- No. Storeys Density Density ----- 2 SO 1.ph 16 •ph , ... 7 Ill 4-6 130 ..on 55 , • / 4-50 250 JP' 50 ph • ' ••• ....... • ............... • .. •-Z.___. DRAFT Schedule A.2 (d) to the Official Plan MORRISON / DORCHESTER NODE - HEIGHT STRATEGY I Change: was partly 0-4 !storeys and partly 4-6 listoreys (4/14/2011) Dean lorfida - Paletta2.doc Page 1 To: Mr Alex Herlovitch, Director of Planning and Development, Copies to: Mayor Diodatii and Councillors Gates, loannoni, Kerrio, Mayes, Morocco, Pietrangelo,Thomson and Wing. Re: Application for an Official Plan and Zoning By -Law Amendment Application. 4825. Pettit Avenue and associated land. 6496 Bracken Street, Niagara Falls, Ontario L2E 5J4 Tel. 905 - 374 -0739 email: doug.r.t@sympatic.ca moira.t @sympatico.ca We are in receipt of a notification of a further meeting to discuss the above application and to have our input. We fail to see what is left to discuss. The proposal is unchanged from the previous meeting. 1 was under the impression. rightly or wrongly. the scheme was totally unacceptable as presented. The latest application appears to me to be unchanged. Is this just a war of attrition? Schedule meetings until the opposition tires and disappears? That was a tactic used once before when the high -rise condominium block on Dorchester Road was first mooted. The proposal was shelved due to vigorous opposition. A few years later the high -rise reared its ugly head and stands there for all to see and bear witness to the futility of public meetings. At the first meeting there were objections to traffic congestion. Has this been resolved by independent survey? Also the applicant's representatives could not. or would not state, categorically what would be built there. We were left with the impression that some unspecified developer would be allowed to come in and build whatever took his fancy. Is this how our elected representatives see this and do they find this acceptable? I cannot believe that any serious person would. It seem to me that the whole scheme is trying to use this application to slip in under the umbrella of increasing Urban Density, regardless of the opposition of local residents. We once more urgently request the Council deny the application. I am sure the neighbouring residents would look with more favour on a development more in keeping with the existing homes, could they be assured of same. The volume of traffic on Dorchester Road has seriously diminished since WalMart moved to the south end of town, why not increase the Urban Density in that neighbourhood? There appears to be lots of open land within walking distance of this multi- faceted store. Should you require any further clarification, please do not hesitate to contact us. Yours truly, Doug and Moira Thompson Director of Planning & Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Alex Herlovitch Sincerely, Holley Corfield 6371 Burdette Drive Niagara Falls, Ontario April 13, 2011 Pianrjn I have recently been informed that Paletta International has submitted an application to permit the Chef Boyardee property on Crop Street and Pettit Avenue to be redeveloped as a multiple unit overly dense residential development with up to 69 townhouse dwellings and five 4 -6 storey apartment buildings containing up to 387 units. If I understand the process correctly, it is up to city council to allow or deny such a development. I am begging you to deny such an application on the aspect of city planning. The current neighbourhood mainly consists of one level bungalows with decent size yards. 456 units crammed onto the misshapen 4 hectare site would be a huge mistake. There would barely be enough room for parking, let alone any green space at all. This development would not conform to the rest of the neighbourhood. The subdivision would run parallel and quite close to the railroad tracks which would raise concerns of safety, noise and vibrations. Over 450 units would inevitably increase traffic significantly. As you may or may not know, that area around Dorchester Road and Morrison Street is already a traffic concern/problem. The Wal -mart, Zehrs plaza and 8 minute long railroad trains already create a lot of traffic congestion in that area. I hope I can rely on your support in preventing Paletta International from developing the Chef Boyardee site into an overly dense multiple unit residential subdivision. I would appreciate written notice if the proposed Official Plan and Zoning By -law amendment is approved. RECEIVED APR 1 4 2011 PLANNING & DEVELOPMENT Director of Planning & Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Alex Herlovitch: April 13, 2011 I am writing this letter in regard to a zoning by -law amendment application by Paletta International (1990) Inc. It is in regard to the property located in central Niagara Falls surrounded by Pettit Avenue and Crop Street, railroad tracks and is near Dorchester Road and Morrison Street. (Formerly Chef Boy -Ar -Dee) This 4 hectare site is currently designated Industrial. The applicant is concurrently requesting a 3 hectare portion of land be place under a site specific Residential Apartment 5E Density (RE5) zone with reduced lot frontage, rear yard depth and side yard width and parking requirements. The applicant is also requesting a 1 hectare portion along Crop Street and Pettit Avenue to be placed under a site specific Residential Mixed (R3) zone to permit either townhouse dwellings with reduced lot area, lot frontage, front yard and rear yard depths and side yard widths and increased the lot coverage and building heights as well as tandem parking spaces. I need to bring this to your attention and am asking your help to prevent this application from being accepted by city council. This intensely dense subdivision with over 450 units does not fit in the neighbourhood. It would be very poor planning for city council to allow such construction. As a resident of the area since 1962, I have seen many changes. As the area sits now, the houses are fairly uniform, worth approximately $180,000.00- 200,000.00 with decent size lots. The proposed subdivision is not conforming with the existing dwellings. RECEIVED APR 1 4 2011 PLANNftG, & QEVE_OPM ____ j The proposed subdivision will be included with the existing subdivision with Dorchester Road, Morrison Street, Drummond Road and the canal at its perimeters. This total area has only two exits. La Marsh Street and Dawson Street. The proposed complex has 453 units. Obviously, there will be an incredible increase in traffic in that area, an area which has already been regarded as a traffic problem area. There are two railroad crossings. one on Dorchester Road, and one on Morrison Street with trains that have lasted at least 8 minutes and usually travel through that point of the city between 7:50 and 9:00 am. To add to the problem, the mall at Dorchester and Morrison Street has attracted a lot of traffic from morning until night. At the meeting, an employee for Paletta International stated that a traffic survey was prepared and it showed they anticipate an increase of 150 cars at any one hour. First, with 453 units, I cannot believe this subdivision would only add 150 cars extra on the streets. It does not seem logical to me to add any amount of vehicles to this problem area. An over dense subdivision would be better suited at another part of town, where there are more exit options to the main arteries of the city. I would appreciate notice if the proposed Official Plan and Zoning By -Law amendment is approved. Sincerely, Mary Beth Corfield 6668 Dawson Street Niagara Falls, Ontario Email: boxingbob58 @hotmail.com Niagaraaalls 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 -25 26T -11- 2010 -01 & AM- 2010 -004 Oldfield Draft Plan of Subdivision Official Plan Amendment Application Zoning By -law Amendment Application Drummond Road (West Side) North of Oldfield Road Owner: Oldfield Development Inc. (Mark Basciano) PD- 2011 -25 April 18, 2011 RECOMMENDATION 1. That Council approve the application to amend the Official Plan as detailed in this report to allow the proposed subdivision to proceed in advance of the Thundering Waters Secondary Plan. 2. That Council grant draft plan approval to the Oldfield Plan of Subdivision subject to the conditions in the attached Appendix. 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 4. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. 5. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision, subject to the inclusion of a holding (H) symbol on the southeast portion of the subdivision to ensure the filing of a Record of Site Condition. 6. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. The report be approved omitting condition # 33 and references to condition # 33 contained in the report. EXECUTIVE SUMMARY The subject lands consist of 22.849 hectares (56.46 acres) located on the north side of Oldfield Road, west of Drummond Road, and south of a Hydro corridor (refer to Schedule 1). The applicant has requested approval of an official plan amendment, draft plan of subdivision and a zoning by -law amendment to permit a subdivision with 258 lots for single detached dwellings, 5 blocks for on- street townhomes and one block for future condominium townhomes (refer to Schedule 2). The requests can be supported because: • • April 18, 2011 -2 - PD- 2011 -25 • the proposal complies with Provincial and Regional policies with respect to providing compact development in Greenfield areas; • the proposed subdivision provides a compatible mix of housing types and densities and is in keeping with the character of the existing residential uses to the north; • the subject lands are isolated from much of the remaining lands within the Proposal Thundering Waters Secondary Plan area by a Provincially Significant Wetland; • the subject lands meet the separation distances from the industrial use to the south; • the proposed subdivision does not compromise the efficient development of the remaining Secondary Plan area; and • the proposed zoning amendments are considered to be minor deviations from the standard zone provisions. Conditions for draft approval are included in the Appendix. These conditions address the comments from various agencies and ensure that the subdivision will be constructed in accordance with municipal standards. BACKGROUND The subject lands are designated Residential with a special policy designation (Special Policy Area 56) in the Official Plan. Specially Policy Area 56 requires development to occur in accordance with a Secondary Plan adopted as an amendment to the Official Plan. The applicant has applied for an official plan amendment that would allow the lands to be developed prior to the completion of the Thundering Waters Secondary Plan. The applicant has submitted a draft plan of subdivision concurrently with the above noted official plan amendment. The proposed plan comprises 22.849 hectares (56.46 acres) of land which the applicant proposes to establish 258 lots for single detached dwellings, 5 blocks for on- street townhouse dwelling units and one block for condominium townhouse dwelling units (52 units). In addition to the above applications, a zoning by -law amendment is also being processed in conjunction with the above two applications. The land is currently zoned Light Industrial (LI) in Zoning By -law No. 79 -200. The applicant has requested several amendments: Lots 1 to 18, 99 to 185, 201 to 220, and 221 to 231 are to be zoned Residential Single Family 1 E Density (R1 E) with site specific provisions to allow a reduction in front yard depth, side yard width and an increase in the maximum lot coverage. Lots 84 to 98, 186 to 200, and 237 to 258 are to be zoned Single Family 1 E Density (R1 E) with site specific provisions to allow a reduction in front yard depth and side yard width. • Lots 19 to 37, 47 to 83, and Blocks 259 to 264 are to be zoned Residential Mixed (R3) with site specific provisions to allow a reduced minimum lot area, minimum lot April 18, 2011 - 3 - PD- 2011 -25 frontage, side yard depth, front yard depth, and an increased lot coverage. • Block 266 is to be zoned Residential Low Density, Grouped Dwellings (R4). • Block 265 is to be zoned Environmental Protection Area (EPA). • The existing commercial lot in the southeast corner is to be zoned Neighbourhood Commercial (NC). Surrounding Land Uses The proposed subdivision is located south of the existing built boundary and within the urban boundary. To the north and west are residential uses (a mix of housing types, however, predominantly single detached dwellings). To the east are several single family dwellings and a former industrial property along Drummond Road while further east is a golf course. To the south is Chemtrade Logistics Inc (Chemtrade)., which is an industrial land use. Also to the south is a large Provincially Significant Wetland (PSW). Neighbourhood Open House A neighbourhood open house was held on November 29, 2010 and was attended by the developer, the developer's consultant, City staff, and 5 area residents. While the residents had several questions about the nature of the subdivision, no concerns were expressed about the proposed subdivision and official plan /zoning by -law amendments. One letter of objection has been received due to the loss of natural habitat. ANALYSIS 1. Provincial Policy Statement and Growth Plan The applications conform to the Growth Plan and are consistent with the Provincial Policy Statements because of the following: • the proposed subdivision will provide an appropriate range, mix and density of residential uses; • the proposed subdivision promotes cost - effective development standards to minimize land consumption and servicing costs; • public infrastructure will be available and public services are nearby; • growth is being directed to a settlement area; • the proposed subdivision will contribute an additional 1.25 years to the City's 14 year supply of serviced Tots in draft approved plans; and • the proposed subdivision does not prevent the efficient expansion of the settlement area. The Growth Plan requires development in greenfield areas to meet a minimum density target of 50 people and jobs per hectare. The proposed subdivision has a density of approximately 40 people per hectare. Although the proposed subdivision April 18, 2011 - 4 - PD- 2011 -25 does not meet the density target, the density target can still be achieved for the Secondary Plan Area. Planning staff has included a proposed Official Plan policy in Appendix B that clarifies that density is to be calculated across the entire Secondary Plan Area and not just the individual developments within it. 2. Official Plan The Official Plan designates the land Residential with a special policy designation (Special Policy Area 56). Residential lands are intended to be developed with a variety of housing forms. The proposed subdivision achieves this by providing a variety of housing types at varying densities. The Official Plan also states that single detached dwellings shall be the dominant housing type throughout the City. In the proposed subdivision 258 units of the total 344 units within the subdivision are for single detached dwellings. In addition, the proposed subdivision has a density of approximately 15 units per hectare, which is below the maximum density of 25 units per hectare for single detached dwellings. The Official Plan requires the City to maintain a 3 -year supply of serviced lots and blocks available in registered and /or draft approved plans. The proposed subdivision will contribute 1.25 years to the City's 14 year supply of serviced lots and blocks available in registered and /or draft approved plans. Also, the proposed subdivision will be on municipal services, which is in keeping with the intent of the Official Plan. Special Policy Area 56 requires the completion of a Secondary Plan (Thundering Waters Secondary Plan) prior to the approval of any development. The applicant has submitted an official plan amendment to allow the proposed subdivision to proceed prior to completing the Thundering Waters Secondary Plan. Planning staff can support the proposed amendment since the proposed subdivision maintains adequate separation (in this case, greater than 190 metres) from existing rail lines and industrial uses to the south. In addition, there is a Provincially Significant Wetland located between the industrial use and the proposed subdivision that provides a buffer. The proposed subdivision also abuts the built boundary and is in an isolated area of the Thundering Waters Secondary Plan (cut off from much of the Secondary Plan area by a Provincially Significant Wetland). Because of its location, the proposed subdivision is an appropriate extension of the existing built up area that does not jeopardize the efficient development of the remainder of the Thundering Waters Secondary Plan. The Thundering Waters Secondary Plan is to also ensure that, where required, Records of Site Condition are filed with the Ministry of the Environment and that development does not take place in any designated Environmental Protection Area. The zoning by -law amendment will address the Environmental Protection Area by applying an Environmental Protection zone to Block 265. Also, a holding symbol, which will require the filing of a Record of Site Condition with the Ministry of the Environment, will be applied to the portion of the subject lands affected by the existing commercial use. The Official Plan also provides policies to guide development in the absence of Secondary Plans. These polices state that Secondary Plans are intended to provide an appropriate mix of dwelling types and densities and be compatible with the surrounding community. The proposed subdivision achieves these by providing April 18, 2011 5 %. - 5 - PD- 2011 -25 a variety of housing types on lots of varying size. It is also in keeping with the character of the surrounding residential community to the north of the subject lands with respect to dwelling type, density and road system. 3. Subdivision Design The subdivision is served by several internal roads that connect to Oldfield Road at two locations and to Drummond Road at one location, providing multiple means of access. The subdivision is in keeping with the character of the surrounding housing. The proposed dwelling types are similar to those in established subdivisions to the north. Stormwater management will be handled by a stormwater pond on Block 267, designed in accordance with municipal and conservation authority standards. Sidewalks will be provided along streets in accordance with municipal standards. In addition, cash -in -lieu of parkland dedication will be provided at the standard rate of 4. Environmental Protection (Greenbrier Habitat) Block 265 is the location where roundleaf greenbrier is found to exist plus a buffer area. Greenbrier is classified as threatened on the Ontario Species at Risk list. Such species are to be afforded protection through municipal approvals under the Ontario Endangered Species Act. The Niagara Peninsula Conservation Authority (NPCA) has been working with City staff, Regional staff, staff from the Ministry of Natural Resources (MNR) and the applicant's environmental consultant to determine the appropriate area to be preserved to protect the greenbrier habitat. The developer has arranged for the MNR to conduct a site inspection in April to assess the extent of the greenbrier habitat. Depending on the findings of the MNR, it could affect the subdivision layout. While the applicant has not been able to resolve these concerns at this time, staff agreed to proceed with processing the application on the applicant's understanding that the MNR's findings could create a change in the subdivision layout. To ensure that the concerns of the MNR are addressed, Planning staff has included a condition to require the applicant to satisfy all requirements of the MNR which could result in a revision to the plan of subdivision. Ideally, the MNR will have completed its re- examination of the greenbrier habitat and reported prior to the official plan amendment and zoning by -law being prepared so that the appropriate boundaries for protection are recognized in the documents prior to passage. 5. Zoning By -law Amendment The current LI zoning of the lands does not permit the proposed subdivision. Several amendments have been requested by the applicant to facilitate and guide its development. The R1 E zone with site specific regulations has been requested for Lots 1 to 18, 99 to 185, 201 to 220, and 221 to 231. The proposed amendments would change the minimum front yard depth from 6 metres to 4.5 metres for the dwelling and 8 metres for an attached garage. In addition, the minimum side yard width is proposed to be changed from 1.8 metres (for a 2 or more storey building) to 1.2 metres for a 1, 1 1 /2 or 2 storey building. April 18, 2011 - 6 - PD 2011 - 25 The R1 E zone with a different set of site specific regulations has been requested for Lots 84 to 98, 186 to 200, and 237 to 258. The proposed amendments would change the minimum front yard depth from 6 metres to 4.5 metres for the dwelling and 8 metres for an attached garage. The minimum side yard width is proposed to change from 1.2 metres (for a 1 or 1 1 /2 storey building) and 1.8 metres (for a 2 or more storey building) to 1.2 metres for any building. Also the minimum interior side yard width for a 1 storey garage is proposed to change from 1.2 metres to 0.9 metres. The maximum lot coverage has also been proposed to be increased from 40% to 45 percent. Lots 19 to 37, 47 to 83, and Blocks 259 to 264 are proposed to be zoned R3 with site specific provisions. The proposed amendments would allowforthe following changes: In addition to the proposed amendments noted above, the applicant is proposing to rezone Block 266 as R4 to accommodate a future townhouse condominium project. This would also help increase the density of the subdivision and provide an additional form of housing to the area. Block 265 is proposed to be EPA and will coincide with the area to be protected for the greenbrier habitat. As noted above, the extent of the greenbrier habitat is unknown at this time, therefore, the extent of the land to be zoned EPA will be dependant on the MNR findings. In addition, there are 5 properties subject to the proposed zoning by -law amendment outside of the land to be subdivided. Four of those properties are residential and would be rezoned in a manner that extends the abutting proposed R1 E zones outlined above. The property in the northeast corner of Oldfield and Drummond is proposed to be zoned Neighbourhood Commercial (NC), which would provide for neighbourhood commercial uses that would service the surrounding area. Currently, this site is being used for light industrial uses and has also been storing various pieces of equipment Existing Provision Proposed Modification Minimum Lot area (single family detached dwelling) 370 sq. m 315 sq. m Minimum Lot Frontage (single family detached dwelling) interior lot : 12 m corner lot: 15 m interior lot : 9.5 m corner lot: 12.7 m Minimum Front Yard Depth 6 m dwelling: 4.5 m attached garage: 6 m Minimum Side Yard Width (single family detached dwelling) Tess than 2 storey: 1.2 m 2 or more storeys: 1.8 m 1.2 m Minimum Side Yard Width (on street townhouse dwelling) 3 m 2 m Minimum Exterior Side Yard Width 4.5 m dwelling: 3 m unenclosed porch: 1.5 m Maximum Lot Coverage 40% 50% Interior Side Width for an Attached Garage 1.2 m 0.9 m April 18, 2011 - 6 - PD 2011 - 25 The R1 E zone with a different set of site specific regulations has been requested for Lots 84 to 98, 186 to 200, and 237 to 258. The proposed amendments would change the minimum front yard depth from 6 metres to 4.5 metres for the dwelling and 8 metres for an attached garage. The minimum side yard width is proposed to change from 1.2 metres (for a 1 or 1 1 /2 storey building) and 1.8 metres (for a 2 or more storey building) to 1.2 metres for any building. Also the minimum interior side yard width for a 1 storey garage is proposed to change from 1.2 metres to 0.9 metres. The maximum lot coverage has also been proposed to be increased from 40% to 45 percent. Lots 19 to 37, 47 to 83, and Blocks 259 to 264 are proposed to be zoned R3 with site specific provisions. The proposed amendments would allowforthe following changes: In addition to the proposed amendments noted above, the applicant is proposing to rezone Block 266 as R4 to accommodate a future townhouse condominium project. This would also help increase the density of the subdivision and provide an additional form of housing to the area. Block 265 is proposed to be EPA and will coincide with the area to be protected for the greenbrier habitat. As noted above, the extent of the greenbrier habitat is unknown at this time, therefore, the extent of the land to be zoned EPA will be dependant on the MNR findings. In addition, there are 5 properties subject to the proposed zoning by -law amendment outside of the land to be subdivided. Four of those properties are residential and would be rezoned in a manner that extends the abutting proposed R1 E zones outlined above. The property in the northeast corner of Oldfield and Drummond is proposed to be zoned Neighbourhood Commercial (NC), which would provide for neighbourhood commercial uses that would service the surrounding area. Currently, this site is being used for light industrial uses and has also been storing various pieces of equipment April 18, 2011 - 7 - PD- 2011 -25 on some of the adjacent lands to the west (affecting several of the proposed subdivision lots). In order to ensure that there is no contamination, this property and the affected adjacent lands will be subject to a holding symbol that would be removed upon the applicant completing the appropriate environmental site assessments and submitting a Record of Site Condition (RSC) to the Ministry of the Environment (MOE). The requested changes to the Zoning By -law do not pose any concerns to Planning staff and are considered to be small deviations from the regular provisions consistent with resent approvals of new development elsewhere in the city. Through the residential amendments, a variety of housing types can be accommodated in a compact form. 6. Agency Comments Agencies have provided comments on the proposed application and most have no concerns. Conditions for draft approval have been provided that incorporate the comments received by the various agencies. The following is a summary of some of the key issues and how they have been resolved: • The NPCA/MNR have provided comments with respect to the greenbrier habitat and the applicant's EIS. While those comments have not yet been addressed, a condition has been included in the draft approval that will adequately address this issue. The Fire Services Department has noted concerns about the proximity of tanker rail cars (associated with the Chemtrade property) to the proposed subdivision. This will necessitate appropriate emergency plans be in place to safeguard the community. • The Region of Niagara (the Region) has noted that the NPCA and MNR concerns with respect to the greenbrier habitat have not yet been addressed. They request a condition be included to ensure that the location of the greenbrier habitat is established and the Official Plan, draft plan of subdivision and Zoning By -law are amended to reflect the habitat boundary. This concern is addressed in the conditions of draft approval. The Region also noted that while the density of the proposed subdivision is slightly lower than the required greenfield density target of the Growth Plan, the difference can be made up in the remainder of the Thundering Waters Secondary Plan area. The Region has requested a policy to this effect be added to the official plan amendment. Such draft policy is included in Appendix B. In addition to the above comments, the Region has also provided a set of conditions which have been incorporated into the conditions of draft approval. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC PRIORITIES The proposed subdivision complies with the City's Official Plan in terms of its residential policies. April 18, 2011 - 8 - PD- 2011 -25 LIST OF ATTACHMENTS ► Schedule 1 - . Schedule 2 - . Appendix A - Appendix B - Recommended by: Respectfully submitted: D.Deluce:mb Attach. Location Map Subdivision Plan Conditions for Draft Approval Draft Official Plan Amendment Policies Alex Herlovitch, Di ectpr of Planning, Building & Development K Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -25, 26T -11- 2010 -01 & AM -2010 -004, Oldfield Draft Plan of Subdivision.wpd April 18, 2011 -9- PD- 2011 -25 Subject Land SCHEDULE 1 LOCATION MAP rill 1111f1111I11 A 11 .- 1111 � -r �� - -- ;116111011100 �� n1 parr em a� sipPlan/zoning 1111 , " 1111111 PeZ OW Amending Zoning By-law No. 79 -200 Location: 7665, 7685, 7703, 7711 and 7725 -7739 Drummond Road and Vacant Lands on the North Side of Oldfield Road West of Drummond Row] Applicant: Drummond Oldf eld Developments Inc KAQSJtequess4 2010%SdfcdulegonIngAMW4-03ynappingmaP S:NTS AM- 2010 -003 26T -11- 2010 -001 Mani, 2011 April 18, 2011 - 1 0 - SCHEDULE 2 s sc 0 j la or,,,,*7!";:cg'cc 04- tt itz rrwrt anonrcwa PD- 2011 -25 April 18, 2011 -11 - APPENDIX A Conditions for Draft Plan Approval PD- 2011 -25 1 Approval applies to the Oldfield Draft Plan of Subdivision prepared by Urban and Environmental Management Inc., dated January 22, 2010, showing 258 lots for single- detached dwellings, 6 blocks for on- street townhouse dwellings (31 units total), 1 block for block townhouse dwellings (55 units), 1 block for future development, 1 block for environmental protection, 1 block for stormwater management and 1 block for road widening or as modified by condition No. 32. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersection of Oldfield Road and the two intersecting collector roads, Drummond Road and the intersecting collector road and at the intersection of the two collector roads (abutting lots 98 and 236), and 5 metre legs at all other intersections; (c) upgrading adjacent portions of Drummond Road and Oldfield Road to a minimum rural road (semi- urban) section in accordance with City standards. (d) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (e) dedication of a 3.05 metre road widening (Block 269) to the City along the north side of Oldfield Road; (f) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010, as amended; (g) sump pumps to discharge to the storm sewer; (h) provision of an overland stormwater flow route; and (I) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010, as amended. 5. The developer submit a Geotechnical report prepared by a Soils Consultant to the City for review and approval. 6. The developer construct the entrance to the walkway abutting Block 265, including any necessary speed control devices on the adjacent street, to the satisfaction of Transportation Services or relocate this walkway to the satisfaction of Transportation Services. April 18, 2011 -12 - PD- 2011 -25 7. The developer construct sidewalks to City standards along Oldfield Road and Drummond Road abutting the subdivision, on both sides of collector roads and on one side of all roads with a right -of -way width of 20 metres. 8. The developer provide speed control devices in the subdivision to the satisfaction of the Transportation Services. 9. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 10. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 11. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into the Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 12. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 13. The developer pay the City cash -in -lieu of 5% parkland dedication. 14. The developer grant the City and Public Utilities any easements required to service the subdivision. 15. The developer contribute funds to provide boulevard trees in accordance with City policy. 16. The developer receive final approval from the City of the official plan amendment. 17. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 19. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to April 18, 2011 -13 - PD- 2011 -25 and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). 21. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 22. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 23. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 24. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 25. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 26. The developer submit a copy of the lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. 27. The developer install temporary fencing prior to the start of construction and permanent fencing of a type specified by Hydro One after construction is completed, both at the developer's expense, along the boundary of the Hydro One transmission corridor. Note: City is to contact Hydro One to obtain licensing for any proposed recreational use of the corridor. 28. That the developer acknowledge that the hydro transmission corridor is not to be used without express permission of Hydro One Networks Inc. on the behalf of ORC. During construction there will be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. The proponent will be responsible for April 18, 2011 -14 - PD- 2011 -25 restoration of any damage to the transmission corridor or Hydro One facilities thereon resulting from construction of the subdivision. Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 — Proximity — of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can be raised and lowered without warning, depending on the electrical demand placed on the line. 29. Prior to final approval of the plan, detailed lot grading and drainage plans, delineating both existing and proposed grades and the means whereby major system flows will be accommodated across the lands, shall be submitted to the Niagara Peninsula Conservation Authority for review and approval. 30. Prior to final approval of the plan, detailed sedimentation and erosion control plans explaining methods proposed for (a) the control of silt and erosion during the construction phase and (b) restoration proposed for the site after construction, be submitted to the Niagara Peninsula Conservation Authority for review and approval. 31. That a Stormwater Management Plan be prepared by a qualified professional engineer in compliance with the Ministry of Environment and Energy's "Stormwater Management Practices and Planning Design Manual ", June, 1994, and the "Stormwater Quality Guidelines for New Development ", (as amended) be submitted to the Niagara Peninsula Conservation Authority for review and approval. 32. That the developer agree in the executed subdivision agreement to implement all plans and required works arising from meeting Conditions 29 to 31 inclusive as noted above. 33. That the developer agree to meet all conditions of the Ministry of Natural Resources with respect to the protection of any Greenbriar habitat on the lands including any necessary modification to the draft approved plan of subdivision. 34. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 35. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. April 18, 2011 -15 - PD- 2011 -25 36. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Development Services Division for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 37. That prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval for the necessary servicing for the development shall be obtained to the satisfaction of the Regional Development Services. 38. That prior to approval of the final plan, the owners shall submit to the Regional Development Services Division and the City of Niagara Falls a Phase 2 Environmental Site Assessment (ESA) prepared by a qualified person in accordance with Ontario Regulation 153/04 of the Environmental Protection Act. 39. That upon completion of the Phase 2 ESA, including remediation of the property, if necessary, a Record of Site Condition (RSC) shall be filed on the Ministry of the Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be provided to the Regional Development Services Division and the City of Niagara Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC. 40. That no disturbances of the site occur until the ESA required in accordance with the above conditions has been completed. 41. That a warning clause be included in the Subdivision Agreement and all Agreements of Purchase and Sale or Lease that advises the prospective purchasers of nearby industry and that operations may occasionally cause nuisance by way of noise, odour, or dust, which may interfere with some activities of the dwelling occupants. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Hydro One Networks Inc. For Conditions 26, 27 and 28 Niagara Peninsula Conservation Authority for Conditions 29 to 32 inclusive - MNR for Condition 33 - Regional Municipality of Niagara for Conditions 33 to 41 April 18, 2011 14.56.1.1 14.56.2.4 - 16 - APPENDIX B Draft Official Plan Amendment PD- 2011 -25 Notwithstanding that development is to occur in accordance with a Secondary Plan, approximately 23 hectares of land located on the northwest quadrant of Oldfield Road and Drummond Road may be developed in advance of a Secondary Plan by way of a plan of subdivision in accordance with the policies contained in Part 2, Section 1.4, Residential and Sections 14.56.2, 14.56.4 and 14.56.5 below. For the purposes of 14.56.2.1 above, the density targets for the Growth Plan for the Greater Golden Horseshoe and all applicable Growth management Studies will be based on the entire Secondary Plan area and not any individual development. Dear David Deluce, I `am writing my concerns. North of Oldfield road, west of Drummond road. I do disagree with the plans 258- lots being built on a beautiful green belt area. A few months ago, I read in the Niagara Falls Review, people in the South end of Niagara worried about the coyotes and things such as skunks, raccoons, and rabbits roaming in their yards. I have always had these little creatures roaming my yard. Stay away from them, let them roam and they return to the field of Oldfield area. Where are the creatures of the nature going to go when the homes are built? There is going to be nowhere to go except our yards. Soon enough all that Land in Oldfield road will be homes. Mountain View homes are going to come in closer and close. The homes will probably he for sale for a long time or bought and gone bankrupt. So there will be no greenbelt or nature tree's anywhere. Half of the homes in Niagara are for sale now, why add more? It is all about the money, property tax, the greed of Niagara to get more money. I wonder, is anyone doing to care? It sounds like it is all ready to go. I believe city officials are having the public just for show, and their mind is already made up. We are passing the plans to Mountain View homes. I live on Sunrise Crescent, with the land behind us. It is very beautiful; greenbelt is soon to be something we will see on television only. Thanks for your time. - Donnelda Cameron 026'7- ll -a0/ To y Coeur Ap c. (1 ad t( April 6 2011 RECEIVED APR 0 7 2011 PLANNING & OEVELQPMENT PD- 2011 -28 NiagaraJalls April 18, 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 -28 Telecommunication Facility Consultation 9711 Lyons Creek Road Applicant: SBA Canada, ULC Agent: The Biglieri Group RECOMMENDATION That Industry Canada be advised that the City of Niagara Falls cannot support a telecommunication tower at 9711 Lyons Creek Road. EXECUTIVE SUMMARY The proposal to erect a 59.5m (195') self support telecommunication tower is not supported based on the following: • co- location on an existing tower 1.5km from the subject site has not been proven to be impossible by SBA or the proposed tenant; and • more information would be required to support the claim that there are no alternative suitable locations for the tower facility. BACKGROUND Proposal The Biglieri Group Ltd, on behalf of SBA Canada, is proposing a 59m (195') telecommunication tower facility at 9711 Lyon's Creek Road. The tower is to be self - supported with a fenced compound to house radio equipment and would allow for the future co- location of up to 4 telecommunication providers. (see Appendix 1 - Location Map). Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. April 18, 2011 - 2 - PD- 2011 -28 The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS SBA Canada is an independent wireless infrastructure company that provides antenna space on towers and other structures for the wireless sector. Based on an analysis of signal strength, SBA identified the corner of Schisler and McKenny Roads as an ideal location for a new communication facility and conducted a search, within a 1 km area, of candidates willing to lease a portion of their lands for the facility. The Biglieri Group, working on behalf of SBA Canada, have informed City staff that the anchor tenant for this tower would be Wind Mobile who is looking to move into the Niagara Region. A public meeting held by the Biglieri Group in January, 2011 was well attended by area residents who voiced numerous concerns with the proposed tower. As per Industry Canada protocol, the consultants provided a written response to those residents. Attached is a copy of the minutes of the public meeting, the letters submitted to the Biglieri Group from members of the public, the letter of response to public concerns from the consultant and the resulting response from the public (Appendix 3, 4 and 5). Numerous concerns were raised by the public of which a general summary is provided below: The effects of radiation emitted from the tower, intrusion of lighting on the tower, the depreciation of property values Industry Canada, the approval authority for the tower, requires that the proponent meet the requirements of Health Canada and the Ministry of Transportation. As a commenting agency, the City cannot provide comment on the safety issues of the tower or the depreciation of property values. Circulation - many residents not advised of public meeting It is the requirement of Industry Canada that all proposals for telecommunication towers be: circulated to properties within 3 (three) times the height of the tower and, if the tower is greater than 30m in height, be published in a local newspaper. The City's protocol adopted this notification process with the addition of a public information meeting. The applicants have met the circulation requirements. This area of the City, however is so close to the municipal boundary with Welland, that many of the area residents do not subscribe to the Niagara Falls Review and consider themselves part of Cooks Mills (a rural neighbourhood in Welland). Due to the size of the lot on which the tower is proposed, the required circulation affected few property owners and residents did not feel that they were adequately advised of the tower proposal. April 18, 2011 A nearby settlement area - 3 - PD- 2011 -28 The applicants have stated that the development along Lyon's Creek Road is not a 'settlement area'. The Province defines a 'settlement area' as the area within an urban boundary village or hamlet. The Regional Niagara Policy Plan does identify Cooks Mills as a Hamlet. The siting and design criteria of the City's Consultation Process requires that telecommunication facilities shall be located outside of and at the maximum distance away from built residential structures and /or areas. The proposed tower, although located outside of an urban area boundary, is located near a residential cluster in the rural area. Re- location of the tower away from these residences would appear to be an option based on lot sizes, topography and land uses in the area. The tower should be considered a commercial land use It is the view of the Province that, as a utility providing a service, telecommunication towers cannot be considered a land use and are therefore not subject to local land use zoning provisions or site plan control requirements. There is a nearby conservation area Lyon's Creek is located south of the proposed telecommunication tower site. The tower and its compound are located outside of any environmentally significant area as confirmed by the Niagara Peninsula Conservation Authority. In consultation with Industry Canada, the proponents have relocated their original access road to avoid a crossing over a small stream tributary to the south, crossing the farmed portion of the lands. The tower will be obtrusive and is not visually protected by trees The proponents of the tower have stated that the tower is buffered from the nearest residence, across the railway line, by tall trees. The trees referred to are not located on the lands surrounding the proposed tower but on the site of the residence itself. The area north, west and south of the tower site has been farmed and is not wooded. The proponents have provided photos of the area with the proposed tower superimposed to illustrate the visual impact of the tower from several surrounding locations (Appendix 2). Co- location and alternative tower sites Many residents have questioned the availability of a nearby telecommunication tower, located about 1.5km away, to provide needed service and whether alternative sites have been adequately investigated. A telecommunication tower is located east of the proposed site, on Matthews Road in Welland (see Location Map, Appendix 1). It is the understanding of City Staff that this tower would be compatible for co- location for cellular use such as Wind Mobile. April 18, 2011 F.Berardi:bm Attach. - 4 - PD- 2011 -28 The siting criteria of the City's Consultation Process prefers the co- location of telecommunication tenants over the construction of new telecommunication towers. The Biglieri Group have stated that the McKenny Road- Lyon's Creek Road is the ideal location for the tower to meet their identified coverage needs and that siting of the tower more than 1 km from this spot would mean a drop in service. The existing tower is located approximately 1.1 km from this intersection and should be able to serve the western half of the identified service area. Consequently, the proposed tower facility could investigate relocating to the east to serve needs in any remaining unserviced area. The areas surrounding the proposed tower site is flat and is either farmed or contains wooded and wetland areas. Further technical information regarding area coverage, the need and limitations, would be useful in determining the necessity of this particular site for the proposed tower. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. It is noted that the tower will require a building permit under Division A Part 1 of the Ontario Building Code Section 1.3.1.1.(1)(I). Also, any buildings associated with the proposed tower that are greater than 10m will also require a building permit. LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Photos of site superimposed with the proposed tower ► Appendix 3 - Correspondence received and response package from The Biglieri Group, dated February 18 , 2011. (Copy of Health Canada's Radiofrequency publication omitted from the attached package) ► Appendix 4 - Follow -up response package from The Biglieri Group dated March 23, 2011. Recommended by: Respectfully submitted: S: \PDR\2011 \PD- 2011 -28, 9711 Lyon's Creek Rd, Telecommunication Tower 2.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer ig,T4 R.Y(ri 2011 APPENDIX 1 LOCATION MAP 0 6' 341 APPENDIX 2 uoerimoosed Image of Proposed Communcatlon Tower at 9711 Lyon's Creek Road (looking Southl Superimposed Image of Proposed Communcation Tower at 9711 Lvon's Creek Road (looking Southeast( Superimposed Image of Proposed Communcation Tower at 9711 Lyons Creek Road (looking North' Please find enclosed the following: vir As requested For your information and file ❑ For your comment and approval ❑ Preliminary ❑ Final gpL Rita Kostyan Planner APPENDIX 3 ..... ......- BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. Transmittal Sent By: ❑ Mail fiCourier ❑ Hand Delivered ❑ Picked up Date: February 18, 2011 To: Ms. Francesca Berardi, City of Niagara Falls Project Name: 9711 Lyons Creek Road, Niagara Falls Project Number: 10188 fp, Punning T r, ri Cl ➢ One (1) copy of the complete list of attendees at the public information session, including names, and addresses. ➢ One (1) copy of the public consultation response letter circulation list. • One (1) copy of our follow -up response letter and package to address comments received during the public consultation period. ➢ One (1) copy of all comments received during the public consultation period. Comments: Should you have any questions or comments, please do not hesitate to contact us. RECEIVED FEB 222011 PLANNING & DEVEL2P PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Telephone: 416- 693 -9155 Facsimile: 416- 693 -9133 tbgPthebigl ierigroup.com February 18, 2011 Dear Sir /Madam, MIME MINIM BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. RE: Public Consultation with respect to Proposed Communications Tower 9711 Lyons Creek Road, Niagara Falls, Ontario, L2E 656 TBG Project No. 10188 I am writing to you on behalf of SBA Canada, ULC, as a follow up to the Public Information Session held on January 17 2011 in the Coronation Room of the MacBain Community Centre. Thank you for attending the Information Session regarding the proposed communication tower to be located at 9711 Lyons Creek Road and expressing your concern. This letter is intended to address, to the best of our abilities, any issues or concerns communicated to us by interested parties within the circulation area via email, mail and telephone prior to the end of the commenting period on January 21 2011 or during the January 17 2011 Information Centre /Open House. Please see the questions or concerns communicated to us during the public consultation period, in bold, along with our answers italicized. We have tried to organize the questions into general categories: A. Site Acquisition: 1. How does SBA pick their potential site locations? And is it possible to move the proposed tower to an area with more bushes and trees? 2. There is another tower located 3.5 miles down the road. Why can't SBA use that tower? 3. Why is the proposed tower going up in Welland and not a more populated area? 4. How long is the lease for this tower? 5. How far is the next closest tower? We have 3 within the area, why not use those? 6. If the boxes are being leased out commercially does that not make it a commercial land -use on a residential /agricultural zoned area? B. Structural: 7. Are there going to be four (4) towers? 8. What happens to the four (4) leased boxes? 9. Are there different tower signal ratings? What is the signal rating of this proposed tower? 10. Is the light on top of the tower absolutely necessary? If it is a requirement of Transportation Canada, then is it possible to direct it upward, so that it does not have quite as much of an impact on the residents at ground level? 11. Is it possible that SBA may add onto the height of this tower in the future? C. Health: 12. What are the risks of cancer for people living within a lkm radius of the site? PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Telephone: 416- 693 -9155 Facsimile: 416- 693 -9133 tbg©thebiglierigroup.com Public Consultation February 18, 2010 13. One resident asked to be provided with a written guarantee that there will be no associated health impacts from the cell tower to their community. 14. Is the specific absorption rate of radio frequency electromagnetic energy for higher for infants, children and the elderly? 15. A resident wanted assurance that lighting from the proposed tower will not result in the regression of her autistic son's condition. 16. How often will the emissions of this tower be monitored? 17. Are you familiar with Code 6? We would like clarification that it has been considered. D. Property Devaluation: 18. Will the proposed communication tower negatively impact property values and deter potential home buyers? E. Conservation /Natural Heritage Features: 19. Lions Creek is a protected area under an Area of Natural and Scientific Interest and Class I Wetland. Has due diligence been done? One resident asked to be provided with proof that the Niagara Peninsula Conservation Authority has approved this. 20. The area was one of the last battlefields for the war of 1812 -1814. Has historic heritage been considered? F. Community Consultation: 21. Why were we not all notified about this ahead of time? Is it typical to only have a 5 day response period? 22. Is it not mandated that residents within a Skm radius should be notified? Why did SBA and The Biglieri Group Ltd. only notify a 180m radius outward? 23. Do our responses even make a difference? Who will be making the final decision regarding this proposed tower? The following are our responses to the previously listed questions and comments received: A. Site Acquisition: SBA 1. How does SBA pick their potential site locations? And is it possible to move the proposed tower to an area further to the north or further to the south? SBA Canada's tenants (cell phone carriers) review their existing networks of towers and identify any gaps in their networks. In order to fill the gaps and provide improved wireless service, cell phone carriers identify nominal points (ideal locations) for proposed communication towers in order to fill the gaps with the least number of towers possible. Cell phone providers then provide SBA Canada with the location of their nominal points and SBA further investigates the proposed locations. In SBA's search for antenna system solutions in a particular community, the suitability of existing infrastructure (other towers, rooftops, and taller structures) is reviewed in detail within a 1 km radius of the nominal point. Locating the proposed tower outside of the 1 km radius would result in the siting of addition communication towers to ensure that the quality of the network is intact. Once the requirement for a new communication tower has been determined the site selection process involves 2 Public Consultation February 18, 2010 SBA the evaluation of the radio frequency characteristics of an area, based on characteristics such as terrain, existing structures, the number of subscribers, distance from existing sites and the availability of a landlord to lease the land. The proposed communication tower location was chosen according to RF (Radio Frequency) requirements. The tower location also depends on where a landlord would like to position a proposed tower on their property so that it does not interfere with the existing land use on the property. Therefore, there are many variables that SBA Canada had to work with to come up with the proposed tower location. Given these facts SBA Canada is unable to reposition the proposed communication tower. 2. There is another tower located 3.5 miles down the road. Why can't SBA use that tower? The existing tower, 3.5 miles away, is outside of the SBA Canada's 1km radius search area. 3. Why is the proposed tower going up in Welland and not a more populated area? SBA has identified the vicinity of Schisler Road and McKenny Road, within the City of Niagara Falls, as an area in need of new wireless infrastructure in order to support the requirements for improved service and additional mobile service providers. 4. How long is the lease for this tower? This information cannot be disclosed. It is proprietary information. 5. How far is the next closest tower? We have 3 within the area, why not use those? The existing towers are outside of SBA Canada's 1km radius search area. 6. If the boxes are being leased out commercially does that not make it a commercial land -use on a residential /agricultural zoned area? Industry Canada is the Federal Department responsible for licensing and approving telecommunication equipment and facilities in Canada. Local zoning by -laws cannot prevent a telecommunication tower from being built as the Federal Government has the final authority under the Industry Canada's CPC- 2 -0 -03, Issue 4, Radiocommunication and Broadcasting Antenna Systems Procedure. Structural: 7. Are there going to be 4 Towers? No, the proposed communication tower location only consists of one (1) tower at a height of 59.5 meters (195 feet). 8. What happens to the 4 leased boxes? 3 Public Consultation February 18, 2010 SBA Space for Communication Tower equipment cabinets may be leased to wireless providers who want to expand their service or provide new business to the area. The proposed communication compound will contain space for up to four (4) wireless providers each with their own equipment cabinet. 9. Are there different tower signal ratings? What is the signal rating of this proposed tower? Tower signal ratings do not exist. 10. Is the Tight on top of the tower absolutely necessary? If it is a requirement of Transportation Canada, then is it possible to direct it upward, so that it does not have quite as much of an impact on the residents at ground level? There will be no lighting required on top of the proposed communication tower as per the approvals received from Transportation Canada. 11. Is it possible that SBA may add onto the height of this tower in the future? It would be possible IF the tower would not hold anymore capacity for collocation and another carrier would like to collocate on SBA's tower. However, this scenario is unlikely. B. Health: 12. What are the risks of cancer for people living within a 1km radius of the site? It is our understanding that there is no scientific evidence linking communication towers to the cause of cancer. According to the American Cancer Society: "There are some important points that would argue against cellular phone towers being able to cause cancer. First, the energy level of radiofrequency (RF) waves is relatively low, especially when compared with the types of radiation that are known to increase cancer risk, such as gamma rays, x -rays, and ultraviolet (UV) light. The energy of RF waves given off by cell phone towers is not enough to break chemical bonds in DNA molecules, which is how these stronger forms of radiation may lead to cancer. A second issue has to do with wavelength. RF waves have long wavelengths, which can only be concentrated to about an inch or two in size. This makes it unlikely that the energy from RF waves could be concentrated enough to affect individual cells in the body. Third, even if RF waves were somehow able to affect cells in the body at higher doses, the level of RF waves present at ground level is very low -- well below the recommended limits. Levels of energy from RF waves near cell phone towers are not significantly different than the background levels of RF radiation in urban areas from other sources, such as radio and television broadcast stations." on) Public Consultation February 18, 2010 SBA 13. One resident asked to be provided with a written guarantee that there will be no associated health impacts from the cell tower to their community. Every carrier that is to locate on SBA's towers must provide a certification that asserts that their equipment abides by Safety Code 6 (Health Canada regulation). Carriers will also have to receive a "spectrum license" from Industry Canada. Therefore, all towers and radiocommunication systems are regulated by not only Industry Canada but also Health Canada. If you would like more information on Radiofrequency Energy and Health, please follow the following link: htto://www.ic.ac.ca/eic/site/smt-ast.nsfIeng/sf08792.html 14. Is the specific absorption rate of radio frequency electromagnetic energy for higher for infants, children and the elderly? According to Health Canada, the amount of RF Energy that is emitted from base stations (communication towers) are thousands of times below the limits for public exposure. The limits of public exposure according to Health Canada standard, Safety Code 6, range from 3 kHz to 300 GHz. Therefore, living anywhere in the vicinity of the proposed compound is safe as limits of RF Energy emitted from the proposed communication tower will be well below the Health Canada standard for public exposure. According to Health Canada, "the typical RF energy that you find coming from base stations, including cell phone towers, are thousands of times below the limits of public exposure. The specific limits for public exposure apply to everyone including the elderly, individuals with health concerns, children and pregnant women — and allow for continuous, 24/7 exposure" (Health Canada, Wireless Device Safety Brochure, enclosed). 15. A resident wanted assurance that lighting from the proposed tower will not results in the regression of her autistic son's condition. Please note that there will be no lighting required on top of the proposed communication tower as per the approvals received from Transportation Canada. 16. How often will the emissions of this tower be monitored? This is determined by Industry and Health Canada. 17. Are you familiar with Code 6? We would like clarification that it has been considered. All communication towers are federally regulated and must comply with Health Canada's Safety Code 6. Every carrier that is to locate on SBA's towers must provide a certification that asserts that their equipment abides by Safety Code 6 (Health Canada regulation), as a condition of the licensing process. Furthermore, all telecommunication provider and operators of radio installations must ensure that all sites comply with Safety Code 6 at all times. The proposed communication tower and any prospective tenants will comply with Health Canada's Safety Code 6. 5 Public Consultation February 18, 2010 If you are interested in viewing or learning more about Health Canada's Safety Code 6, please view following link: http: / /www. rfsafetvsolutions. com /PDF %20Files/ Health %20Canada %20Safety %20Code %206 %20Sta ndard 2009.pdf C. Property Devaluation: 18. Will the proposed communication tower negatively impact property values and deter potential home buyers? It is our understanding that there has been no proof that communication towers effect property values. There are a multitude of other factors impacting property values simultaneously. There are many communication towers throughout municipalities across Ontario and nationwide, and it is our understanding property values have not been negatively impacted by communication towers. D. Conservation /Natural Heritage Features: 19. Lions Creek is a protected area under an Area of Natural and Scientific Interest and Class I Wetland. Has due diligence been done? One resident asked to be provided with proof that the Niagara Peninsula Conservation Authority has approved this. SBA Please see enclosed email from Niagara Peninsula Conservation Authority staff for their comments with respect to the proposed communication tower. 20. The area was one of the last battlefields for the war of 1812 -1814. Has historic heritage been considered? The proposed communication tower location is over 1,600 meters away from the Battle of Cook's Mills National Historic Site and therefore, we do not believe that the proposed tower will negatively impact the historic site. E. Community Consultation: 21. Why were we not all notified about this ahead of time? Is it typical to only have a 5 day response period? Please note that the Public Notice Information Packages were mailed out on December 2, 2011 to residents located within three times the tower height (178.5 metres). Information packages were circulated to six (6) local residents, City of Niagara Falls Planning Staff, Canadian Pacific Rail and Industry Canada. The pubic commenting period ended on January 21, 2011, providing 50 days for the public consultation period. Please note that this exceeds the 30 days of public consultation required by Industry Canada. A newspaper notification about the proposed communication tower was also circulated in the Niagara Falls Review, on December 17, 2011, in accordance with Industry Canada Requirements. 6 Public Consultation February 18, 2010 SBA 22. Is it not mandated that residents within a 5km radius should be notified? Why did SBA and The Biglieri Group Ltd. only notify a 180m radius outward? As per Industry Canada's CPC- 2 -0 -03, Issue 4, Radiocommunication and Broadcasting Antenna Systems Procedure, requires Public Notification to be mailed to "the local public (including nearby residences, community gathering areas, public institutions, schools etc.), neighbouring land -use authorities, businesses and property owners, etc. located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater." The proposed communication tower height is 59.5 m high, requiring notification to go out to the local public within a 178.5 metre radius. 23. Do our responses even make a difference? Who will be making the final decision regarding this proposed tower? SBA Canada welcomes comments from the public and will address all comments /questions received within the consultation period. Industry Canada is the Federal Department responsible for licensing and regulating the installation of telecommunication towers throughout Canada. The process being followed by SBA Canada, as outlined in Industry Canada's Client Procedures Circular (CPC- 2 -0 -03, Issue No. 4) calls for consultation with the City and the public, however, approval of these facilities remains to be regulated federally and final approval rests with Industry Canada. To further address your questions, please see in closed brochure on "Radiocommuncation Towers, Environmental Assessment and Safety Code 6: Frequently Asked Question" and "Safety of Cell Phone Towers" and "Wireless Device Safety". In addition to the providing you with detailed responses to your questions and concerns, we would also like to notify you that the access road to the proposed communication tower compound has been shifted slightly to the west. The slight shift to the west will ensure that the proposed access road is over 30 metres from the small tributary, to the south, and ensure compliance with the Canadian Environmental Assessment Act. For your review purposes, please see Appendix A for an orthophoto of the subject site with a sketch of the new access road and old access road. Public Consultation Thank you again for taking the time to express your concerns. Should you have any questions or concerns please do not hesitate to contact me by Friday, March 11, 2011. Yours truly, THE BIGLIERI GROUP LTD. Rita Kostyan, B.A.(Hon .), B.U.R.PI. Planner Cc: Francesca Berardi, City of Niagara Falls Industry Canada, Central and Western Ontario District Alex Lallitto, SBA Canada (via Email) SBA February 18, 2010 8 Appendix A: Orthophoto of Subject Site with Sketch of New Access Route and Old Access Route Proposed Communication Tower Compound gAg Rita Kostyan From: Earl, Lindsay [learl @npca.ca] Sent: February 3, 2011 4:23 PM To: 'Rita Kostyan' Subject: RE: 9711 Lyons Creek Road, Niagara Falls_Proposed Communication Tower Follow Up Flag: Follow up Flag Status: Completed Hi Rita, Thank you for your inquiry. Just to be clear, I have not been in contact with Tom regarding this property. Tom and I have been looking at two other properties in the City of Port Colborne only. In any case I have attached a copy of our mapping for your review. The subject lands are almost entirely outside of the Authority's Regulated Lands, with the exception of a small watercourse on the east side of the property. According to the site plan that you have provided, the proposed access and utility easement appears to cross over this small watercourse. This doesn't appear to be of great concern as we can work with the applicant to ensure the proper size culvert is installed (if required). Once you are ready to submit a formal application (building permit ?), we may ask for more information as to the located and size of culvert proposed (if any). 441 I :111 t 1 fl 123m Trusting this information is satisfactory, feel free to contact our office if you have any further questions in this matter. Lindsay Earl BA, MES Watershed Planner Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, ON L3C 3W2 Tel. 905- 788 -3135 ext 272 Fax 905 - 788 -1121 E - mail: iearl(aMpca cU Website: www .n pca.ca Hi Lindsay, rEE t E E phi.° e From: Rita Kostyan [ mailto :rkostyan ©thebiglierigroup.com] Sent: Monday, January 31, 2011 11:18 AM To: Earl, Lindsay Subject: 9711 Lyons Creek Road, Niagara FaIIs_Proposed Communication Tower I believe that Tom Rees from our office has contacted you with respect to the proposed communication tower at 9711 Lyons Creek Road in Niagara Falls. We now have an updated survey and construction drawings for the proposed tower, see attached. Please review the attached survey and construction drawings and advise whether the proposed communication tower is sufficiently setback from any Provincially Significant Wetlands or other environmental features of concern. Should you have any questions or concerns please do not hesitate to contact me. Thank you, Rita Rita Kostyan, B.A.(Hons.), B.U.R.PI. Planner THE BIGLIERI GROUP LTD. PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 20 LESLIE STREET, SUITE 121 TORONTO, ON M4M 3L4 TEL: 416- 693 -9155 FAX: 416- 693 -9133 2 The Niagara Peninsula Conservation Authority Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it i Rita Kostyan From: Robert Lukacs [Iyndaboblukacs @gmail.com] Sent: January 18, 2011 7:14 PM To: rkostyan @thebiglierigroup.com; tbg @thebiglierigroup.com; alallitto @sbasite.com; Kim @KimCraitor.com; jdiodati @niagarafalls.ca; wthomson @niagarafalls.ca Subject: Proposed Communication Tower It is with concern that we are sending you this email in regards to the proposed communication tower that is to be located at 9711 Lyons Creek Road, Niagara Falls. At the public information session held on Monday January 17th at the McBain Community Center, most of us living in the proposed site area expressed many concerns regarding the tower. We hope you will review each and every concern that was expressed and communicate back with us: * the effects of EMF to the public, the wildlife and the environment * the depreciation of our property / resale value * the structure will not be transparent or attractive as stated in the info. package that we received * this will be the 3rd tower within a 3.4 km distance, notin that the closest one is .8 km from the proposed tower ?' * in this area we are zoned residential/ agricultural * have you looked as to wether the other two towers nearby have been completely rented out before adding another in our area * in the area we have an autistic child, many seniors, many children that can be affected by the code 6 that could be amended from time to time. Being that this is the proposed 3rd tower in our area our health risks are greater. We have reviewed quite a few sites on the internet in regards to the dangers to our health and all say that the studies are inconclusive because there is not enough funding to conduct a proper study. If you are willing to give us in writing that none of us would suffer any health issues because of this new tower we would kindly appreciate it. *,the location is NOT several kilometres from the nearest settlemen * the proposed tower is NOT surrounded largely by existing trees and dense wooded area, it is more like a few trees and shrubs. * we would like you to delve further in regards to the Canadian Environmental and Conservation aspect in the Lyons Creek area * the tower will NOT blend in with the overcast skies and snow - covered fields, it will be an eyesore every day of every season. 1 11 , * we have concerns in regards to the lighting that the proposed tower will have on us since we are about 200 m away. We already have existing problems from the lights of the tower that is located north west of our house which is .8 km away. * the owner of the land where the proposed tower is to be put does NOT live remotely close to the area therefore he is not affected the way we would be * in the blueprint of the tower given to us at the meeting we noticed that the structure has many FUTURE dishes, antennas and future leases. who are we to stop them from adding on to its size and height once it is built. There we're many other factors and concerns that were discussed and documented at this meeting. The above are just a few. We were disappointed that only 3 households were mailed the public notification and public information session and that we who did receive them had to go around and advise the others who would be affected by this. Another disappointment is that we, as a settlement only had 5 days to voice, fax and email our concerns about this not to mention that only one newspaper in our area mentioned the proposed tower. Repeatedly in your information package you say that this tower will be somewhat camouflaged but in reality it will be an eyesore from many of ours homes nearby. Regards, Lynda Bob Lukacs 12080 Mckenney Rd RR #1 Welland, On L3B 5N4 905- 384 -0517 2 Rita Kostyan From: Diana Handley [diana.boyz @talkwireless.ca] Sent: January 19, 2011 5:29 PM To: rkostyan @thebiglierigroup.com Subject: Proposed Communication Tower Follow Up Flag: Follow up Flag Status: Completed Hello Rita, I am sending you this message to futher demonstrate my family and my fellow neighbours opposition to this proposed communication tower being irrected in our very neighbourhood. I feel great disappointment that we haven't been informed in the complete process and more than that the research that will effect us in our future. If you don't remember me, I'm the mother with the beautiful Austic child. I have worked with him for years to get him where he is today and take my word for it when I say it was not easy. I only know what I have recently started investigating in regards to the risks and dangers of having such a tower in our presence. You say that not all the internet publications are true but you have not brought us any concrete information that confirms we will be safe, more importantly that our children will be safe in the future. When my husband Tom and I purchased this home it was for the safety of our children particularly my Autistic son. When you buy a home out here you are already prepared to have your water supply brought in and no cable tv and anything else that living in a quiet country environment will or will not provide. I don't beleive that having this proposed eye sore and health risk is what we thought of when we originally purchased our home. I do feel that more time for further research and guarantees to all of our health should be taken into serious consideration to what is happening here. I also feel that we were all blind sided by what has recently transpired to our lovely country community. I also want to stress to you my great concern over the possible regression of my childs current progress. What will 1 do if the stobe light affects his concentration, gives him anxiety attacks or worse seisures ? ?? Can you gurantee any of this for me ? ?? I've worked with him for 13 years now, who will help me if this all goes bad ? ?? I don't share this information lightly but I have such great concerns and frankly I fear for what we may be in for. understand you have a job to do but please find another site for this communication tower. Regards, Tom and Diana Handley 9743 Old Schisler Rd. RR #1 Welland,On L3B 5N4 905 -384 -0935 1 Rita Kostyan From: Kerri Taylor [kerrit73 @hotmail.comj Sent: January 18, 2011 7 :36 PM To: rkostyan @thebiglierigroup.com Subject: Proposed Tower in Niagara Falls Hi Rita, I attended the meeting on Monday night and would like to express my opinion. As the mother of 4 young children, across the road from the proposed site, I am extremely concerned about the Tong -term health effects. I understand that currently, no scientific research suggests that there are health issues related to these towers, however, such towers have not been around that long. The dangers of electro - magnetic fields have been highly documented in the news recently. I feel that there are other altemative sites that would better meet the criteria referenced in the notice to residents. The tower is in close proximity to a number of rural residences. I realize that you do not consider us to be a "settlement area" but I suggest that you take a drive through the area to see where the houses are located. I did not hear it discussed on Monday night, but the Battle of Cooks Mills is a historical site located down the road from the proposed site. I would think that such a piece of history should be respected. According to guideline 4 the tower should be as unobtrusive as possible and...minimize visual impact. The fact that the Schisler Road train bridge is directly in the line of the proposed tower actually maximizes the view of this proposed tower. There is very little vegetation to hide the tower (or it's base). I doubt that you are aware of another situation that has been ongoing in our community. Just last year, the school board reviewed the schools in the area and although parents and community members fought a tough battle, the board voted to close our school. It feels as though we have been kicked while we are down. Not only will be have no local school, we now have to worry about the effects that this will have on our health and property values. Please seriously look at this location and reconsider the impact it will have on the locals living in this commmunity. Kerri & Gary Taylor 12085 McKenney Road Welland, Ontario L3B 5N4 905 -384 -4137 1 Rita Kostyan From: Gerry and Judy MacCarthy [gerryandjudy @sympatico.ca] Sent: January 19, 2011 2:15 PM To: rkostyan @thebiglierigroup.com; Gerry and Judy MacCarthy Subject: Lyon's creek Road tower proposal Follow Up Flag: Follow up Flag Status: Completed Dear Rita: At the Monday, January 17,2011 public information meeting re. the SBA Canada proposed tower on Lyon's Creek Road I sat beside a young couple who plan to have children. The tower will be positioned just outside the notification distance of 180 meters from their home. This couple is very concerned. Please research the claim that the Specific Absorption Rate of radio frequency electro magnetic energy is higher for infants, children and the elderly. The citizens were correct in their anger at not being notified. Common sense indicates an even wider radius of notification area would alleviate the frustration felt by every person there. The fact this proposal will not go to city council for study leaves these citizens unsupported in their concerns. Sincerely, Judith MacCarthy, e -mail gerryandiudyPsympatico.ca Rita Kostyan From: go2on @sympatico.ca Sent: January 21, 2011 1:51 PM To: rkostyan @thebiglierigroup.com Subject: Tower 9711 Lyons Creek Road Attachments: Communication Tower.docx Follow Up Flag: Flag Status: Follow up Flagged Hi Rita I'm sending you this letter in opposition of the proposed tower at 9711 Lyons Creek Rd. Niagara Falls ,Ontario. Regards Olga Norton 1 Gage & Olga Norton 905- 384 -2288 Dear Sir / Madam, January 18, 2011 I am writing this letter in response to a meeting I attended last night at the Mc Bain Center in Niagara Falls concerning a proposal to erect a communication tower across the road from our residence. We live on Old Schisler Rd.The proposed tower is on land bound by Schisler Rd, Mc Keeny Rd and Lyons Creek Rd.. We are very upset that we were not notified by mail that a proposal was being submitted. There were approximately 30 residents at this meeting, out of this group only 6 were personally notified about this proposal The consultant told us that they had put one add in the Niagara Falls Reveiw, there was not one person there that saw the add. Receiving a phone call from my next door neighbour at 3:00 pm the day of the meeting was my first notice. The consultant informed us that they complied by all the rules of notification. Speaking for my husband and myself we strongly oppose this proposal. The building of this tower so close to our property will certainly devalue our property and our neighbour's property. We choose to live in a rural area for the quiet and scenic views, not to look out my kitchen and living room windows at a large tower during the daytime and blinking beacon lights at night.This proposed tower will be 195ft tall it will have a compound for equipment and be fenced in. The tower will allow for the co- location of up to 4 telecommunication providers. According to the consultant they will be incompliance to Health Canada's Safety Code 6. Even so, we do have a concern about our health from the electromagnetic field emitted from this tower even though they are supposed to be low. Submissions of written public comment are be submitted January2l, 2011. In closing I would like say that we do not want this tower to be built on the proposed site, there is a lot of land in the south end of Niagara Falls that would be better suited for this tower but please not in my front yard. Sincerely Olga Norton Rita Kostyan From: WM [blackdog@talkwireless.caj Sent: January 19, 2011 5:51 PM To: rkostyan @thebiglierigroup.com Follow Up Flag: Follow up Flag Status: Flagged Jan 18th 2011 The following concerns are regarding to the proposed communication tower that is to be located at 9711 Lyons Creek Road, Niagara Falls. SBA consulting, only contacted three homeowners of a proposed site for a communications tower that directly or indirectly affects more then 22 homeowners in the direct vacinity of the tower. The public information session held on January 17, 2011 only allowed the homeowners will be affected four days to research and give comments and opinions for feedback before a decission is made to errect the tower. This is unfair on the SBA's behalf and does not provide the area homeowners with sufficient notification. The public notification was only placed in one weekly newspaper which all of the homeowners may or may not have recieved. * The landowner that decided he is going to have SBA erect this tower, does not live on this property so is in no way affected by any EMF, unsightly tower or property devaluation that all the homeowners will experience. * This tower location has been chosen by SBA which falls right in the centre of aprox 22 homes that will be directly affected by this structure and there is no question of that fact. * If this tower is being leased out to commercial accounts, is this not a commercial business operating on residential/farm designated land? * There is a commercial property 1.5Km south, has that land owner been approached for a possible land lease? * There are towers within lkm in both east and west of the proposed site, why can those sites be used. * , W E t pf the p po si 6 t _ e is a dead end road surrounded by bus ll The road has a turnabout at mus ' be owned by the region. Is it possible erect a tower on fins spof withaut affecting homeowners in that area? The lease payments would then go directly to the region, not to a individual that does not live at or remotely near the site. If the site at the turnabout required a larger footprint it seems that it would more feasible than the proposed site preparation. * The proposed site location is located in a natural watershed and wildlife area and this must be fully considered before any potential damage happens. * All the homeowners located directly east and west of overpass know to i well the numerous severe and fatal auto collisions that have happened mostly due to the long straight portions of Schisler Rd then the curve added with the overpass. I feel a tower erected at this proposed site with a beacon/strobe light will be an added distraction for drivers and would be a very serious safety issue. The public information session held on Monday January 17th at the McBain Community Center, it is evident the proposed site area raised many personal, health and safety concerns regarding the tower. Willy, Bonnie MacLeod, Danna Gutz 9775 Old Schisler Rd Rita Kostyan From: Candace and Dennis Paris [cdparis2@gmail.00ml Sent January 19, 2011 919 AM To: fl(OgyantattlebiglieriglUP.com Subject: Opposition to Proposed SBA Canada siting of Communications Tower at 9711 Lyons Creek Road Niagara Fans ON Attachments: Opposition to Communications Tower Siting January 18 2011.doc Follow Up flag: Folloinf uP Flag Status: Flagged Rita . - Attached is our response to the SBA Canada/The Biglieri Group proposal as discussed at the public meeting last Monday evening. We continue to await a copy of the letter from the Niagara Conservation Authority and Health Canada that you offered to .proide. Candace and Dennis Paris 9636 Lyons Creek Road- RR 1 Welland ON L3B 5N4 9635 Lyon's Creek Road RR 1 Welland ON t.3B 5N4 Biglieri Group Ltd Consultants on behalf of SBA. Canada 20 Leslie Street, Suite 121 Toronto ON M4M 3L4 January 18,, 2011 Subject: Opposition to proposed SBA Canada siting of Communications Tower at 9711 Lyons Creek Road, Niagara falls ON On Monday evening, January 17,2011 ,we attended the information Meeting about the above noted siting of a communications tower by SBA Canada. Having: completed a reasonable search' regarding healtti"and safety: issues,, we went to thenei ting with questions"that focused almoit exclusively on siting, What we teamed from the Sighed Group's representativee, Rita Kostyan, gave rise to serious concerns that dire diligence was not done relative to, but not limited" to, choosing the tower location,, notifying area residents. and addressing concerns about the immediately adjacent ANSI (Area or Natural and Scientific Interest) and'Class I Wetland. The owner of the property in question Wendell Palmer, does not reside there. All other persons at the public meeting are residents, and there was strong consensus, if not unanimity amongst them, that they are opposed to the location. It was pointed out that a location approximately 1 krn north ,Of the Lyor s' Creek site could well be more appropriate as it is heavily treed, with fewer neighbours. It appears that option was never considered. Repeatedly we heard that the firm followed Industry Canada's. (minimum) guidelines for notifying residents . within a.circumscribed radius. This meant that . only 3 households received notification. Even Wendati `PPairner did not"receive notification of the public meeting. Ward qu ckty'spread our neighbours and hence the large turnout for the ,meeting. Most felt that there was some sort of 'conspiracy' ":in not making the meeting truly public. With regard to due : - diligence. • representative was;unfainiliar.with the location, admitting to not having seen :3. e t • We reside directly. across the streetwhere the access lane to the tower would be located, At no time did'anyone SBA Canada or The Bigiteri Group us in person, by"mail, Or otherwiee to °advise of the proposal onto. enquire about cancer incidence in the area. People at the meeting, reportedthey had not been contacted either. The representative appeared surprised by this; Announcement Of the meeting was.apparently advertised.in the Niagara Falls Reviewnewspaper This assumed that al -area residents receive that paper As for us, we receive the Welland Tribune since the Review will not .provide same day deriver) to our particular r ural.address. The notice should have been published in all three local daily papers; We heard severat tunes :that the siting was several kilometers from the nearest 'settlement; this; completely ignored the ,substantial "settlement" of nearby Cooks M111s; • It was the first time we had heard .that SBA Canada's intent was to install the communication tower so that USA wireless carnerrs could expand into Canada This information Wit .not part, of the. package. provided, The proposed siting is reported to be treed; however the trees are short scrubby brush with the_expeptiarr the east. side: across the railroad tracks. from: the proposed which is heavily.treed but - also adjacent to the nearby. residence; Approval from the - :Niagara Conservation Authority was'alleged, stating the tower proposed no threat to the adjacent ANSI and Mass l Wetland; however, that correspondence was not tnctuded rn: the information package and the .representative did net have a copy with her We Wunder if birds .and'animafs;that reside in thie were :'considered; ▪ Our information packagestated that ° the "tower was not witfun the vicinity of significant natural hentege areas, cuIfurat heat age'srtes the Niegaro Escarpment, the Ntagara;Parkway perks ora n space areas:" Clearly. the ptanners did not due their hornework;on this one.: -tn addition to the ANSI and Class I Wetlandprevlously Mentioned, the area is well recognized as the location of one of the iastbattles: of the War of 4814; • VVe`were told that the City of Niaaara_Falls had no authority to.stop the application so long as it is consistent approved land usage policies. We now believe this claim isimaccurate; • The representative acknowledged she did not know the terms of the land lease relative to time option for renewal etc • The land owner told ut today that even he was surprised that the tower description in the information - package did not look -like what he had been led to believe; and • Concerns about lighting on the tower: for aircraft_ safety purposes was downplayed as we were told Iights„could be. directed Upward such that the pulsating light would'not shine in-enyone's windows. This'is unlikely. a y ss i a �s ° ei't s six the area We have not yet; received this:. letter. Ste tirig officially that Hea i er epo no adverse health Further, we were told that >comments ,to the firm were to be submitted by January 21, just 4 days away. VVe feel that ,.SBA Canada and itsagent, The':Bigglieri Group, are.. in to impose their project on us, denying us the Tight to be adequately and honestly informed, or given sufficient time to make a considered response. SBA Canada is an offshoot of US- based SBA and they are new to Canada. For these reasons it is apparent to us that thelirm did not do their due diligence in proposing this site, and furttier are attempting to 'pull the wool over our eyes' in pushing forward their business agenda. Opposition to this site is strongly opposed. We request that SSA Canada withdraw it from consideration, and urge those to whim we have copied this correspondence to add their voice to ours. Sincerely Candace Paris, Dennis Paris Cc: The Honourable Robert Nicholson,A4P Niagara Falls The Honourable Tony dement MP, industry Canada The Honourable Kim Craltor, &PP Niagara Falls Jim Diodati, Mayor of Niagara Falls Tony Damario, CAO - Niagara Peninsula Conservation Authority Joe Gagliardi 9479 Lyons Creek Road 905- 384 -4094 tgagliardi @live.com Lynda and Bob Lukacs 905- 384 -0517 lyndaboblukacs @gmail.com Mark Stephens 905 -384 -1141 mstephens000 @hotmail.com Kerri and Gary Taylor 905- 384 -4137 kerrit73 @hotmail.com Sue and Dave Smith 905- 384 -2648 sssmith81 @gmail.com Willy and Bonnie 905- 384 -2287 blackdog @talkwireless.ca A.J ( Breck) Foerstner 905- 384 -2335 breck @horseworldemporium.com Olga and Tary Norton 905- 384 -2288 go2on @sympatico.ca Rita Kostyan From: T Gagliardi [tgagliardi @live.com] Sent: January 17, 2011 9:36 PM To: rkostyan @thebiglierigroup.com Cc: Iyndaboblukacs @gmail.com; mstephens000 @hotmail.com; kerrit73 @hotmail.com; sssmith8l @gmail.com; blackdog @talkwireless.ca; breck @horseworldemporium.com; go2on @sympatico.ca; cdparis2 @gmail.com; diana.boyz @talkwireless.ca; mistymead @sympatico.ca; Iindabretibelaire @yahoo.ca; carlp9625 @gmail.com; tgagliardi @live.com; nichorl @parl.gc.ca Subject: Re: Proposed Communication Tower 9711 Lyons Creek Road Hi Rita, I am sending you this email on behalf of the people who live in the settlement around the proposed communication tower on Lyons Creek Road. We are all opposed to this tower and hope that you will take our comments and suggestions seriously. We feel more time and research should be done. More research should be done in regards to the effects on our health from radiation. The tower is obtrusive and will not be largely surrounded by existing trees as stated in your response to the Niagara Falls guidlines. In the info package it is stated that 'The location is several kilometers from the nearest settlement area ". Please read the following definition of settlement: Settlement From Wikipedia, the free encyclopedia Settlement may refer to: • Consolidation (soil), settlement in soil • Human settlement, a community where people live This is our community and we do not want it ruined by a huge tower. Please look into another possible site for the tower. Signed, Tia Gagliardi and the following people: 1 Ernie and Donna Harrietha 9701 Old Schisler 90D -384 -0807 Candace and Dennis Paris 9639 Lyons Creek Road 905- 384 -2333 cdparis2 @gmail.com Diana and Tom Haadley 9743 Old Shisler Road 905- 384 -0935 diana.boyz @talkwireless.ca Marge and Dick Hotte 9659 Old Shisler Road 905- 384 -0371 mistymead @sympatico.ca Linda and Breti Belaire 9800 Lyons Creek Road 905- 384 -2332 lindabretibelaire @yahoo.ca Rolly Belaire 793 Lyons Creek Road 905- 732 -2035 Carl Poirier 9585 Schisler Road 905- 384 -2290 carlp9625@gmall.com Please find enclosed the following: ❑/ As requested M For your information and file ❑ For your comment and approval ❑ Preliminary ❑ Final 1 Rita Kostyan Planner APPENDIX 4 MEM BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. Transmittal Sent By: ❑ Mail Courier ❑ Hand Delivered ❑ Picked up Date: March 23, 2011 To: Ms. Francesca Berardi, City of Niagara Falls Project Name: 9711 Lyons Creek Road, Niagara Falls Project Number: 10188 D One (1) copy of our 2 follow -up response letter addressing comments received prior to the March 11, 2011 commenting deadline. D One (1) copy of the circulation list for the 2 response letter to concerned residents. D One (1) copy of a superimposed image of the proposed tower looking south. ➢ One (1) copy of a superimposed image of the proposed tower looking southeast. ➢ One (1) copy of a superimposed image of the proposed tower looking north. Comments: Should you have any questions or comments, please do not hesitate to contact us. RECEIVED MAR 2 4 2011 PLANNING & DEVELOPMENT PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Telephone: 416- 693 -9155 Facsimile: 416- 693 -9133 tbgPthebiglierigroup.com March 23, 2011 Dear Sir /Madam, I•MEMI♦ INEMEMI BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. RE: Public Consultation Response Package with respect to Proposed Communications Tower 9711 Lyons Creek Road, Niagara Falls, Ontario, L2E 6S6 TBG Project No. 10188 I am writing to you on behalf of SBA Canada, ULC, as a follow up to your questions /comments received with respect to the Public Consultation Response Package dated, February 18 2011. 1 would like to thank you for providing further comments with respect to the proposed communication tower at 9711 Lyons Creek Road. This letter is intended to address any issues or concerns communicated to us by interested parties with respect to the proposed communication tower via email, mail and telephone prior to the end of the commenting period on March 11 2011. Please see the questions or concerns communicated to us during the public commenting period, in bold, along with our answers italicized. 1. The notice your group published in the Niagara Falls Review could not have appeared on "December 17, 2011" as you note on page 6 of your response, as that date is still some 9 months away. Similarly the information packages could not have been mailed out on December 2, 2011, for the same reason (again on page 6). The date should read "December 17, 2010" and "December 2, 2010 ". Our sincere apologizes for the typographical error and any confusion this may have caused. 2. Question #3 asks, "Why is the proposed tower going up in Welland and not a more populated area ?" All the local residents at that meeting were well aware that the proposed location is in Niagara Falls. Please note that Question #3 of the public consultation response package was a question posed during the January 17 2011 Public Information Session by a local resident. The question is a direct quote from the meeting and we did not feel it was appropriate to change the resident's question although we are very well aware that the proposed communication tower is located in Niagara Falls. RECEIVED MAR 2 4 2011 PLANNING & DEVELOPMENT PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Telephone: 416- 693 -9155 Facsimile: 416- 693 -9133 tbg @thebiglierigroup.com Public Consultation SBA March 23, 2011 3. We are concerned about the construction and maintenance of the proposed tower. The proposed communication tower is designed and will be built to the highest engineering standards by qualified engineers specializing in communication tower construction. Once built, the proposed tower will be carefully maintained by SBA Canada, a company with extensive experience in maintaining and managing communication towers. SBA currently owns 9,112 towers and manages 5,500 telecommunication sites worldwide. 4. Rita was asked the night of the information session to come and look at an alternative site to the north of the proposed site, but when we spoke to her the next day she declined the offer saying that too much time, effort and money had already been spent. Please note that although The Biglieri Group (TBG) was not able to visit the alternative site immediately, since our telephone conversation the alternative site suggested by residents has been investigated by SBA Canada and TBG staff and was deemed to be unsuitable for the purposes of the proposed communication tower as it is located well over 1 km away from the nominal point (the ideal location) of the proposed tower. 3. Why was the suggested alternative site, approximately 1km north of the proposed site, not pursued? The alternative site, suggested by area residents, was investigated but was not pursued by SBA Canada because it is well over a 1 km away from the nominal point of the proposed communication tower. Pursuing the alternative site would have resulted in a gap in the communication tower network, resulting in a low quality network and potentially the siting of additional tower(s) in the area. 6. The proposed site is within 1 km of an existing, extremely high, guy -wire style communication tower, which we believe violates Industry Canada guidelines. The said existing broadcasting tower (Giant FM) is located approximately 1.6 km from the proposed tower. Located outside of SBA's 1 km search area, the broadcasting tower is not a viable co- location candidate for the purposes of the proposed network. 7. Our property will be devalued by the proposed tower. People DO NOT want to live near these areas reason being that it is most definitely and eyesore but most importantly because of health issues. Health Canada has indicated that the proposed tower will not pose a health risk to residents as the radiofrequency electromagnetic energy emitted from the proposed antenna on top of the tower will have to abide by Safety Code 6. This code has been adopted on a scientific basis and serves as the equipment certification component of Industry Canada's telecommunication tower 2 Public Consultation March 23, 2011 SBA and broadcast antennae approval process. In terms of property devaluation, please note that there has been no evidence linking cell phone towers to property devaluation. 8. You have not followed through with your offer to provide us with an official letter from Health Canada that states residents will not experience adverse health effects from the tower. To clarify, there was no promise made by TBG staff that there would be an official letter provided from Health Canada that states residents will not experience adverse health effect from the proposed tower. During the information session TBG staff stated that the proposed communication tower will not pose a health risk to residents as every carrier that is to locate on SBA's towers must provide a certification that asserts that their equipment abides by Safety Code 6 (Health Canada regulation). Safety Code 6 has been established by the Health Canada to protect individuals from radiofrequency electromagnetic energy. If you are interested in viewing or learning more about Health Canada's Safety Code 6, please view following link: http: / /www.rfsafetysolutions. com /PDF %20Files/ Health %20Canada %20Safety %20Code %206%20 Standard 2009.pdf 9. We understand that your firm will be drafting minutes for submission to City Council. This, in itself, is self - serving and a clear conflict of interest, as we have no reason to believe the minutes you draft will accurately reflect the opposition and questions raised at that public consultation meeting. Our February 18 2011 Public Consultation Response Package, summarizing all questions /comments received along with our detailed responses are considered to be the meeting minutes from our January 17` 2011 Information Session. Please note that in addition to the Public Consultation Response Package we have also submitted all of the comments received during the public consultation period to Niagara Falls planning staff, along with a list of attendees at the public information session and the public consultation response letter circulation list. 10. The night of the consultation your team only started writing our concerns down mid way through it which ended with some of our concerns not being addressed. Just to clarify on the night of January 17, 2011, TBG staff arrived at the MacBain Community Centre at 5:15pm and was completely setup by 5:45pm when residents began to arrive. As the information session was not scheduled to begin until 6:OOpm, TBG staff walked residents through the six (6) presentation boards and answered any questions. At 6:OOpm TBG staff gave a short presentation with respect to the proposed communication tower followed by a question and answer period. Please note that TBG Staff took meticulous notes starting from the time that the first resident arrived until the time that the last resident exited the room. Having two members of TBG staff present during the information session allowed one member of TBG to solely focus )0 3 Public Consultation Yours truly, THE BIGLIERI GROUP LTD. Rita Kostyan, B.A.(Hols.), B.U.R.PI. Planner Cc: Francesca Berardi, City of Niagara Falls Industry Canada, Central and Western Ontario District Alex Lallitto, SBA Canada (via Email) SBA )0 March 23, 2011 on taking notes and writing down questions, while the second member of the TBG addressed questions from residents. Thank you again for taking the time to express your concerns. Should you have any questions or concerns please do not hesitate to contact me. 4 Dennis & Candace Paris 9636 Lyons Creek Rd., RR #1 Welland, ON L3B 5N4 Lynda & Bob Lukacs 12080 McKenney Rd. Niagara Falls, ON L3B 5N7 Wendell Palmer 6749 Homestead Cres. Niagara Falls, ON L2G 2H8 Industry Canada Central and Western Ontario District Suite 1112, 451 Talbot Street London, ON N6A 5C9 Attn: Mr. Ron Wheeler Manager, Investigations and Compliance The office of Rob Nicholson, M.P. 2895 St. Paul Avenue, Unit 11 Niagara Falls, ON L2J 2L3 Attn: Mr. Stewart Graham Niagara Falls Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Ms. Francesca Berardi 3/15/2011) Francesca Berardi - Propos :.ommunication Tower 9711 Lions Creek Rd ,Update From: "Rita Kostyan" <rkostyan ©thebiglierigroup.com> To: <fberardi ©niagarafalls.ca >, <Ron.Wheeler ©ic.gc.ca> Date: 3/14/2011 4:09 PM Subject: Proposed Communication Tower 9711 Lions Creek Road_Update Attachments: ON70365- B_SCAT- Schisler Rd- Construction Drawings.pdf; ON- 70365 -B (5 -9256) - Site Survey - Feb 23 11.pdf; Opposition to proposed siting of communicat ion tower - Lyons Creek Road - response to your letter of February 18; FW: Public Consultation; FW: proposed tower Hello Francesca and Ron, As discussed and for your information purposes, please see attach the following: 1. Updated construction drawings, with access road slightly shifted 2. Update survey, with access road slightly shifted 3. Additional comments received from Candace and Dennis Paris, local residents 4. Comments received from Stewart Graham, Constituency Assistant for the Hon. Rob Nicholson, M.P. 5. Additional comments received from Lynda and Rob Lukacs, local residents Please note that the public commenting period for the proposed communication tower, at 9711 Lions Creek Road in Niagara Falls, ended on March 11, 2011. The attached comments represent the comments received within the commenting period. Together with SBA Canada I will be formulating a response letter to address any of the additional comments received and I will be sending this response package to your attention as well. Francesca, just to confirm again, Wind Mobile is the anchor tenant on the proposed tower. As discussed, I plan to have my response letter to you on or before March 25th, 2011 and hope to secure the April 18th, 2011 Council meeting. Please confirm whether the April 18th Council meeting is available. Should you have any questions or concerns please do not hesitate to contact me. 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ZONNG ••44,4••••••• IVANRWAILA[ (3/15/2011) Francesca Berardi - Opposition to proposed siting of communication tower - From: "Candace and Dennis Paris" <cdparis2@gmail.com> To: "Rita Kostyan" <rkostyan C thebiglierigroup.com> Date: 3/11/2011 9:58 AM Subject: Opposition to proposed siting of communication tower - Lyons Creek Road - response to your letter of February 18 9636 Lyon's Creek Road RR 1 Welland ON L3B 5N4 The Biglieri Group Ltd Consultants on behalf of SBA Canada 20 Leslie Street, Suite 121 Toronto ON M4M 3L4 March 11 2011 Subject: Opposition to proposed SBA Canada siting of Communications Tower at 9711 Lyons Creek Road, Niagara Falls ON — Letter #2 in response to The Buglieri Group letter of February 18 2011 Attention: Rita Kostyan, Planner Your letter of February 18, which purports to respond to concerns raised at the public consultation meeting held on January 17, contains factual errors and typos, and fails to address all of the issues raised. It is immediately clear to even the most casual reader that you used a form letter of sorts, and failed to effectively proof read it to reflect this particular situation. For example: 1. The notice your group published in the Niagara Falls Review could not have appeared on "December 17, 2011" as you note on page 6 of your response, as that date is still some 9 months away. 2. Similarly the information packages could not have been mailed out on December 2, 2011, for the same reason (again on page 6). 3. Question #3 asks, "Why is the proposed tower going up in Welland and not a more populated area ?" All the local residents at that meeting were well aware that the proposed location is in Niagara Falls. We know nothing about your company except what we have seen written and later addressed at the public meeting. You have failed to engage in constructive and collaborative dialogue, and now this careless and incomplete correspondence arrives which is rife with errors and omissions. Naturally we are greatly concerned that the actual construction and maintenance of the proposed tower will be equally slipshod. So far, your firm has done nothing to build trust or diminish our concerns. In spite of the reasonable suggestion that a more suitable site might be available approximately 1 km north of the proposed site, we have been advised that your group has decided not to investigate its potential. Furthermore, the proposed site is within 1 km of an existing, extremely high, guy -wire style communication tower, which we believe violates Industry Canada guidelines. The statement that "SBA Canada is unable to reposition the proposed communication tower" (Section A: Site Acquisition: page 3) is s Cr Road _ response toyour Pale 1 (3/15/2011) Francesca Berardi Oppositich. to proposed sling of communication tower - L is Creek Road response to your . P alle 2 j reflective of the autocratic, narrow - minded, and inflexible position your company is taking. With regard to our apprehension that our property will be devalued by this structure, you down -play our concems again by citing your opinion without providing any supporting evidence -based research. Further, you have not followed through with your offer to provide us with an official letter from Health Canada that states residents will not experience adverse health effects from the tower. Citing an isolated comment from the American Cancer Society (reference details not identified, thus unable to verify source) may not reflect contemporary research, or Canadian standards and values. We await the letter from Health Canada. The property owner residents that surround the proposed site (as compared to the non - resident property owner of the proposed site) have expressed their concerns to Industry Canada, to Niagara Fans City Council, and to our elected Member of Parliament, the Honourable Rob Nicholson. Further they explored options with both Stewart Graham - a constituency assistant for Mr. Nicholson, and Wayne Thomson - a City Councillor. You will note this letter is copied to them. The residents also plan to address this matter in the very near future with the Niagara Fans City Council. We understand that your firm will be drafting minutes for submission to City Council. This, in itself, is self - serving and a clear conflict of interest, as we have no reason to believe the minutes you draft wNI accurately reflect the opposition and questions raised at that public consultation meeting. Why should we expect them to be any more accurate than your correspondence of February 18? Residents who attended the public meeting should have the opportunity to review the draft minutes in advance to ensure there are no errors or omissions, before Council officially receives and considers it. Our opposition to this site remains strong for the reasons previously documented but it is now heightened by the suspicions your written response has raised. Again, we ask SBA Canada to withdraw the Lyons Creek Road site from consideration. Sincerely Candace Paris, Dennis Paris cc: The Honourable Robert Nicholson, MP Niagara Falls The Honourable Tony Clement MP, Industry Canada The Honourable Leona Aglukkaq, MP Health Canada The Honourable Kim Craitor, MPP Niagara Falls Jim Diodati, Mayor, City of Niagara Fails Wayne Thomson, Courxinor, City of Niagara Fad 3/15/2011 France sca Berardi FW: Pubis onsuitabon March 11, 2011 The Biglieri Group Ltd. 20 Leslie Street, Suite 121 Toronto, Ontario M4M 3L4 Via E -Mail Attention: Rita Kostyan Dear Rita Kostyan: Thank you for your assistance in this regard. Yours sincerely, Stewart Graham From: "TBG" <tbg©thebiglierigroup.com> To: <rkostyan ©thebiglierigroup.com> Date: 3/14/2011 12:16 PM Subject: FW: Public Consultation From: NichoRO @part.gc.ca [maitto:NichoRO©parl.gc.cal Sent: March 14, 2011 10:15 AM To: tbg©thebiglierigroup.com Subject: Public Consultation I am writing to advise that our office has been contacted by a number of constituents as a result of the Public Consultation with respect to the Proposed Communications Tower, at 9711 Lyons Creek Road, Niagara Falls, Ontario, TBG Project No. 10188. It is my understanding from a meeting with the affected constituents, that they have a number of concems with respect to the Proposed Communications Tower and your written response dated February 18, 2011, which was a follow up to the January 17, 2011 Public Information Session. It is also my understanding that a formal letter from the residents addressing these concems is to follow. Constituents have specifically referenced the fact that the location identified in your letter is Welland, Ontario (pages 1 and 3), rather than the correct location, which is Niagara Falls, Ontario. Some confusion also arose due to what appears to be a clerical error in the letter, in which reference is made to Public Information Packages being mailed on December 2, 2011 (Page 6) as well as a newspaper notification appearing in the Niagara Falls Review on December 17, 2011 (Page 6). Shoukf residents assume that you incorrectly referenced 2011, rather than 2010? 3/15/2011 Francesca Berardi - FW: Put . onsuftaation Constituency Assistant for the Hon. Rob Nicholson, M.P. Telephone: 905 -353 -9590 Fax: 905 - 353 -9588 E -mail: nichor0©parl.gc.ca www.robnicholson.ca Notice of Confidentiality: This communication including any information transmitted with it is intended only for the use of the addressees and may be privileged and confidential. If you are not an intended recipient or are responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization please notify us immediately by retum e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium. No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1204 / Virus Database: 1498/3505 - Release Date: 03/13/11 (3/15/2011) Francesca Berardi - FW: pr ■sed tower Page 1 From: "TBG" <tbg @thebiglierigroup.com> To: <rkostyan @thebiglierigroup.com> Date: 3/13/2011 4:28 PM Subject: FW: proposed tower From: Robert Lukacs [ mailto :lyndaboblukacs @gmail.com] Sent: March 11, 2011 11:40 PM To: tbg @thebiglierigroup.com Cc: nichor1 @parl.gc.ca; w.thomson @niagarafalls.ca; wthomson @niagarafalls.ca; alallitto @sbasite.com; spectrum.london @ic.gc.ca; kim Subject: proposed tower After many discussions and correspondence with our councils and neighbours we would like to say that we remain OPPOSED to the proposed tower that is to be situated at 9711 Lyons Creek Rd in Niagara Falls. Already you must of received letters from people in our area and also from our representatives in government. We will continue to do this till our questions are answered properly. We find that your first response to our questions were very vague, contained many errors and it would seem that it was more a courtesy then concern. For example when you put the notice of the proposed tower in the Niagara Falls Review the municipality was wrong. When making such an important decision would you not think that errors of this kind should not have happened. If errors are made from the beginning do you not understand our concerns as to what errors can be made in the future. We have talked to real estate agencies and they have advised us that our property value will depreciate at an amount of at least $50,000 dollars. They have had similar situations like ours and homes are not selling well if they are next to towers. People DO NOT want to live near these areas reason being that it is most definitely and eyesore but most importantly because of health issues. Upon reading many articles we have found that many towers are being removed from rooftops. We also know that there isn't enough funding to do research or studies on the effects of the RF energy. You would think that your company would have given more thought and time to our questions. Your letter or template was quite the disappointment to say the least. The dates you quoted were completely wrong in many areas. The night of the consultation your team only started writing our concerns down mid way through it which ended with some of our concerns not being addressed. Also we would think that you would use people in our area to do the studies on the proposed site and not from other towns ex: surveyors. What isn't right also is that we suggested another site for the tower to Rita which would have a dead end road, only one residence but the tower would of been sheltered and hidden by an actual treed area and not an open field with a few trees, bushes or weeds. Rita was asked that night to come and look at the property in question on Lyon's Creed Road but when we spoke (3/15/2011) Francesca Berardi - FW: pr 'sed tower Page 2 to her the next day she declined the offer saying that too much time, effort and money had already been spent. Twenty two homes will be directly affected by this structure and there is no question of that fact. Many more people in our area are asking questions in regards to this tower and are going to get implicated if necessary. Understand that we are not against modern technology and services. We have issues with your proposed site! In conclusion we would like to say that we will persevere with the opposition of this proposed tower site. We do not feel that due respect and thought was given to our community by your company. Again we must mention that we have two other towers in our area, one being half a mile away and not 3.5 km as you've stated. We must ask ourselves why would the Biglieri Group want to move ahead with this project at that exact location when all our issues would be resolved if you would just listen to our concerns and suggestions. It's too bad when all this falls to deaf ears just for the sake of money. Sincerely, Lynda and Bob Lukacs Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: April 18, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Grants Equal to Waiver of Grants & Fees On tonight's agenda there are requests from the Winter Festival of Lights for the Canadian Veterans National Rendezvous and the Enbridge Ride to Conquer Cancer for grants equal to waiver of fees. The cost of the requests are as follows: WFOL/ Canadian Veterans National Rendezvous: $9016.50 + shuttle costs yet to be determined. Enbridge Ride to Conquer Cancer: $450 Council has a fund for such expenditures. The total for 2011 is $8,000 To date Council has spent the following: Strike Out Violence Council Bowling Team $150 Bowl for Kids Sake Council Bowling Team $150 Sun Life Charity Hockey Tournament Waiver of Ice Fees $825 KNOW it ALL Niagara Waiver of Business Licence $150 Humane Society Trivia Tournament Council table $200 RCAFA parade Staff costs $300 Working Together to Serve Our Community April 13, 2011 Mr. Dean Iorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Dean: Festivalqtights NIAGARA FALLS * ONTARIO * CANADA RE: Canadian Veterans National Rendezvous — Use of Gale Centre 5400 Robinson Street. 2 " Floor Niagara Falls, ON L2G 2A6 Tel: 905 - 374 -1616 • Fax: 905 - 374 -4683 Email: Info@wfol.com • WFOL.com Via Fax In late February, Mike Blais and Doug J. Clark of Canadian Veterans Advocacy met with the Mayor and City staff to discuss Canadian Veterans National Rendezvous (Rendezvous). a new event they wish to hold at the Gale Centre in July. It was suggested at that time that they also meet with the CAA Winter Festival of Lights as they were seeking event management assistance. Canadian Veteran Advocacy (CVA) was established to support Canada's veterans who have served this nation with honour, distinction and great courage. In particular, CVA has established a "Pennies for Veterans" campaign that will roll out nationally this summer in support of its Homeless Veterans Program. Meanwhile, Canadian Veterans National Rendezvous is expected to become the centre piece of national, celebratory events designed to commemorate the end of the Canadian combat mission in Afghanistan while honouring those that have served in every major war, combat operation. and peacekeeping mission for the past 70 years, including WW2, Korea, the Peacekeeping Era and former Yugoslavia. It is expected to generate national media attention, and the attendance of prominent Canadian military and political figures, along with 5,500 people comprised of veterans and their families from across Canada and the northeastern United States; active -duty personnel and their families (primarily from Ontario's five military bases); and Niagara Region residents and tourists. While it's economic impact is expected to be over $1 million. Highlights of Rendezvous include a motorcycle Poker Run through breathtaking Niagara Region landscape (July 9: 9:30am -) and a Support the Troops Rally (10am -lOpm) with official ceremonies (3:30pm -) paying tribute to those who fight today and those who fought in yesteryear. Rendezvous concludes with a Memorial Ride (July 10: gam -). The Support the Troops Rally would be held at the Gale Centre as a family friendly event for veterans and their respective families and friends to enjoy a day filled with great fun, musical entertainment, food and beverage vendors, marching bands, a motorcycle show and shine, a magnificent display of vintage military vehicles, and a host of other activities for all ages. The Gale Centre parking lot would be used as the main grounds for the Rally. Specifically, it would host the children's play area, vintage military vehicle display, most food vendors, the motorcycle show and shine, as well as most musical entertainment. Inside, Rink 41 would be used for various demonstrations and free public skating. The `lobby' and Rink #3 would be used for displays by Canadian Veterans Affairs, vendors and exhibits, and will host a smaller entertainment stage. In the Memorial Room, a series of book readings and autograph signings featuring Generals Hillier, LeBlanc and Dallaire (to be confirmed) are being arranged. Lastly, transportation services to shuttle visitors. locals and volunteers will be required to and fiom the Gale Centre including use of accessible transportation. This will include the need for pick -up and drop -off points expected to be established in the Fallsview (Skylon Tower), Victoria Centre (Memorial Arena) and Lundy's Lane BIA areas and possibly at Optimist Park, the old Wal -Mart: Chippawa Arena and /or Niagara Square. As such. we may also need City support to secure these logistical needs. Rendezvous is a massive undertaking on a tight deadline and with virtually no budget however we expect it will be a major economic boost to the local economy and will showcase the area to thousands of Canadian veterans, active -duty military personnel and their families. At this time, we are requesting that any and all fees associated with the use of the Gale Centre be waived along with any potential vendor fees. Should you have any questions, please feel free to contact me at 905 374 -1616 x. 46. Sincerely, CAA WINTER FESTIVAL OF LIGHTS Dino Fazio General Manager cc: Joe Miszk, Chair, CAA WFOL Jim Diodati, Mayor, City of Niagara Falls Kathy Moldenhauer, Director of Recreation, City of Niagara Falls Doug Clark /Mike Blais, Canadian Veterans Advocacy (4/14/2011) Dean lorfida - Fwd: Re: Fw: Use of Gale Centre for Rendezvous Page 1 From: Kathy Moldenhauer To: Dean Iorfida Date: 4/14/2011 10:39 AM Subject: Fwd: Re: Fw: Use of Gale Centre for Rendezvous hi Dean As requested in the WFOL letter dated April 13, 2011, RE: Canadian Veterans National Rendevous - Use of Gale Centre July 9, 2011 rental costs are listed below. »> Steve Hamilton 4/13/2011 10:39 AM »> Rental Costs for the Gale Centre for July 9 Rendezvous Event Pad # 1 - $2,700.25 Pad # 3 - $2,700.25 Floor Fees - $3,390.00 Memorial Room - $ 226.00 Total $9016.50 We have no set rental fees for the use of the parking lot. No other services have been identified in this letter so I have not included anything else (ie waste removal, electrician charges, security, etc.) Let us know if you require any other information relating to this event. Kathy Moldenhauer (4/14/2011) Dean Iorfida - The Ride to Conquer Cancer From: To: Date: Subject: Attachments: Dean, As we discussed we would like to have the permit fees waived for the temporary structures we are putting up, for the Finish Line Celebration of The Ride to Conquer Cancer. Attached is a letter to the council giving some information on the ride and what the money raised is used for. Please let me know if we are proceeding in the right direction, and if you will bring this to the council's attention. If you have any trouble opening the document please let me know and I will Fax it to you. Thanks, David David Sobel • Logistics Manager CauseForce, Inc 323.654.9255 Ext. 255 David Sobel <dsobel @causeforce.com> "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> 3/28/2011 12:01 PM The Ride to Conquer Cancer The Enbridge Ride to Conquer Cancer_TO - Epic Ride[1].docx The Weekend to End Women's Cancers • www.endcancer.ca The Ride to Conquer Cancer • www.conquercancer.ca The Underwear Affair • www.uncoverthecure.org Please consider the environment prior to printing this email. Page 1 (4/14/2011) Dean Iorfida - The Enbridge Ride to Conquer Cancer TO - Epic Ride[1].docx Page 1 The Enbridge Ride to Conquer Cancer — Epic Ride. Epic Impact. The Enbridge Ride to Conquer Cancer is an epic 200 -km plus ride over two days, across the Ontario countryside, from Toronto to Niagara Falls, suitable for everyone from weekend riders to seasoned cyclists. More importantly, it is a unique fundraising event benefiting The Campbell Family Institute at the Princess Margaret Hospital one of the top 5 cancer research centres in the world. The funds raised stay in Ontario and benefit cancer patients across all of Ontario, Canada and the world. A Few Facts about Cancer in Canada: ■ If nothing is done, nearly two in five Canadians will develop cancer in their lifetime. • On average, 3,340 Canadians will be diagnosed with cancer every week and 1,470 Canadians will die of cancer every week. • But there's something we can do. With focused investment in research, we can accelerate discoveries and push the boundaries of medical knowledge taking us closer to cancer -free lives, today, tomorrow and forever. The Enbridge Ride to Conquer Cancer is an event dedicated to fighting all cancers. Proceeds from the Ride are allocated to top quality cancer research across all spectrums from prevention and diagnosis to treatment and palliation, with a particular focus on the highest research funding priorities. Since 2008, The Ride to Conquer Cancer has surpassed all other cycling events to become Canada's most successful cycling fundraiser, raising over $45 million in just 3 years! This funding ensures that the most promising cancer research programs can be initiated and continue uninterrupted at The Princess Margaret. We need your help. Every dollar saved in producing this event goes to funding groundbreaking research to eradicate cancer. We ask that you waive the fees associated with our temporary tent permits at our Niagara Finish Line celebration. This year we anticipate that total to be $750. Your generosity moves us closer to our vision to Conquer Cancer In Our Lifetime. Thank You for your continued support! (4/14/2011) Dean lorfida - Re: Tent Permit Fee From: Tammy Agnoletto To: John Castrilli Date: 4/6/2011 9:50 AM Subject: Re: Tent Permit Fee Hi John, Permit was for 3 tents under 250m2. They paid $450.00 last year. I wasn't aware of any grants for this. Tammy >» John Castrilli 4/6/2011 9:45 AM >» Tammy Can you tell me what the Fee was for the Ride For Cancer tent was last year. I think there was a grant involved. JC Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: April 18, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Relief from the Noise By -law The City's Noise By -law contains various Time & Activity Prohibitions. The playing of music and the use of electronic devices incorporating amplification are restricted from between 9:00 p.m. and 9:00 a.m. St. Michael's High School's and St. Paul's High School will be hosting the Cancer Relay for Life on May 27 at St. Mike's. The school received similar permission in September, without incident. Staff feels that the activities will be enough of a distance away from residential homes that there should be little to no impact, if amplified music ceases at 11:00 p.m. Of course, if noise complaints occur, staff would recommend against future exemptions. RECOMMENDATION: That Council approve the request to allow an exemption to the Noise By -law, subject to amplified music stopping at 11:00 p.m. Working Together to Serve Our Community (4/14/2011) Dean Iorfida : RE_ Saint Michael /Saint Paul Catholic High School Relay for Life :Noise Page 1 From: Aaron Bailey <aaronbailey3456 @ hotmail.com> To: < diorfida @niagarafalls.ca> CC: Carlee Van Bolderen <carlee.vanbolderen @ncdsb.com >, Andrea Marshall <and... Date: 4/12/2011 10:58 PM Subject: RE: Saint Michael /Saint Paul Catholic High School Relay for Life -Noise By -Law My apologies, The date is the previous Friday, May 27th. Aaron Bailey From: aaronbailey3456 @hotmail.com To: diorfida @niagarafalls.ca CC: andrea.marshall @ncdsb.com; carlee.vanbolderen @ncdsb.com Subject: Saint Michael /Saint Paul Catholic High School Relay for Life - Noise By -Law Date: Wed, 13 Apr 2011 02:16:45 +0000 Hello Mr. Iorfida, On Friday, June 3rd, Saint Michael and Saint Paul Catholic High School are planning to hold a joint Relay for Life event in support of the Canadian Cancer Society. The event, running from 7PM to 7AM, will be hosting concerts and live music, as well as amplified speeches and MCing. Due to the outdoor nature of the event, we are seeking an extension of the noise by -law permissions, similar to that granted for our outdoor dance in September. Our committees will also draft and deliver letters to the surrounding residents, informing them of the nature of our event. The Relay is sanctioned by both high schools, and I have copied two teachers and student council moderators from Saint Michael. If you have any questions or concerns, feel free to contact either of them or myself. Thank you for your assistance. Aaron Bailey Ontario Society Your Worship Mayor Diodati, Of Chiropodists On behalf of the chiropody profession and myself, supported by the Ontario Society of Chiropodists (OSC), I would like to request that the month of May be declared Foot Health Month in 2011. This annual event is a public information campaign, sponsored by the Ontario Society of Chiropodists, to inform Ontarians about the importance of foot health. The OSC supports May 2011 as Foot Health Month this year in accordance with the Federation of International Podiatrists (FIP). FIP has labelled May as World Foot Health Month. This international organization represents podiatry and chiropody associations worldwide, promoting the importance of foot health. The OSC was established in 1985 as a non - profit organization representing chiropodists throughout the province. Chiropodists and podiatrists are the only regulated health care providers in Ontario educated exclusively in the assessment, treatment and prevention of foot disorders. Foot conditions include structural deformities, complications of diabetes, sports injuries, ingrown toenails, calluses, bunions and hammer toes. Chiropodists and podiatrists may prescribe specialized medications, provide prescription orthotic inserts or perform surgery to correct foot problems. The Society and its members are dedicated to fostering foot health excellence through public education. During Foot Health Month, chiropodists will be holding informative open houses, shoe drives, as well as speaking to the community about foot health. The mandate of this campaign is to increase public awareness and promote proper foot health as part of preventing more costly and complicated foot problems. A sample of a proclamation we have previously use is listed below. VVhereas, the Ontario Society of Chiropodists is a non- profit organization that was established in 1985 to represent Chiropodists across the province With informative open houses this annual campaign is dedicated to fostering foot health excellence and is designed to increase public awareness and information that promotes proper foot health in order to prevent costly and complicated problems Chiropodists and Podiatrists are the only regulated health care providers educated exclusively in the assessment, treatment and prevention of foot disorders Nowtherefore, I, XXXXX, on behalf of the city of XXXX, do hereby proclaim the month of May, "Foot Health Month ". Thank you for your consideration, I look forward to your response. If you have further questions, please do not hesitate to contact me. Sincerely, Greg Lawrence B.Sc., D.Ch. Director, Ontario Society of Chiropodists 6519 -B Mississauga Rd,Mississauga, Ontario L5N 1A6 T: (905) 567 -3094, Toll Free: 1- 877 - 823- 1508,F: (905) 567 -7191 m 0 X cn NiagaraFalls April 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -08 Citizen Appointments RECOMMENDATION That Council vote on the volunteers for various advisory committees and boards. EXECUTIVE SUMMARY As per the beginning of each new Council term, selections are made for volunteers on various advisory committees and boards. The votes take place by ballot, for ease of use; however, the ballot is identified by voter and open for public scrutiny. At the next Council meeting, the formal appointments by -law will be brought forward for approval; however, this does not prevent the new appointments from taking effect after the April 18 election. BACKGROUND Subsequent to Council's approval of CD- 2011 -02, Review of Appointments, staff advertised for citizen volunteers for various advisory committees and boards to Council. Advertisements were placed in the Niagara Falls Review and an application blank was downloadable from the City's website. In addition, an open house was held on April 5 About two dozen individuals attended to learn more about the various appointments available. The Council members will have a package containing the applications of the interested volunteers. Also included in the package are attendance records for the various committees and boards from last term. The Municipal Act states the following: CD- 2011 -08 Except as provided in section 233, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. April 18, 2011 Recommended by: Respectfully submitted: DI Dean Iorfida, C,rfy Clerk - 2 - CD- 2011 -08 With the multiplicity of candidates and committees, it would be impractical and time consuming to do a hand vote or viva voce (voice) vote; therefore, as was done last Council term, staff has created preassigned ballots that will be distributed to Council members. Members will vote by ballot and a tally will be done. A motion, duly seconded, appointing the successful candidates will be made after the tally has been done. The ballots will be kept by the Clerk in the Council meeting file and available for examination. The proposed voting process will be efficient, expedient, meet the requirements of the Municipal Act and ensure the openness and transparency of the Council's decision. LIST OF ATTACHMENTS Applicants for appointments K Todd, Chief Administrative Officer *Incumbents Arts & Culture Committee - 8 to 12 to be elected Jonathan Adams Sheri Armstrong Debra Attenborough Laurie Crain -Anez* Karen Fraser* Torena Gardner - Durdle Nicolino Maruca Philomena McCracken* Rose Smith Dean Tedesco No election necessary Recreation Committee - 8 to 12 to be elected Tammy Anello John Archibald Tony Caruso Dan Cummings* Enzo Della Marca* Kevin Green Paisley Janvary-Pool* Gary Krause Park in the City - 8 to 12 to be elected Tommy Anello** John Anstruther Breanna Antonio Corey Barkman* Clarke Bitter Tony Caruso ** Dean Cruikshank Frank Fohr* * *Trails & Bikeway Incumbents COMMITTEES APPLICATIONS 2011 Nicolino Maruca Rich Merlino* Shane Mitchell Delphina Pietrangelo* Laurie Primeau Vito Scaringi Mick Wolfe* Audrey Fraser Janet Hassall* Paisley Janvary-Pool* Elizabeth Manker* Pat Mascarin* Nancy Pellerin Navin Shahani* Veena Shahani* Committee of Adjustment - 5 to be elected Ted Alguire John Anstruther Chuck Antonio* Bill Benson Clarke Bitter John Bonadie Mark Cahill* Paul Campigotto Tony Caruso Jack Collinson* Niagara Falls Library Board - 8 to be elected Ted Alguire Tony Caruso Carman Dix* Nancy Eidt- Reynolds* Dino Fazio* Shirley Fisher** Damian Frank Franze Nicolino Maruca * *Council representative Municipal Heritage Committee - 6 to be elected Gary Burke* Aaron Butler Kaitlin Cain Tony Caruso John Garrett Property Standards Committee - 4 to be elected John Anstruther* Bill Benson Tony Caruso Sam LaRosa* Anna Lee* Damian Frank Franze Anna Lee Nicolina Maruca Rudy Mascarin Shane Mitchell Joseph Mrozek Renni Piscitelli Guy Prata* Veena Shahani Barbara Ness* Manuel Dalfen Peng Rick Powers Eric Sheridan* Dr Ken Smith* Elisabeth Teunis Louis Visentin Margaret Mingle* Navin Shahani* Dean Tedesco Jeanette Tossounian Rudy Mascarin Anton Nielson Veena Shahani Jeanette Tossounian Dr Ken Smith Lou Stranges* Jeanette Tossounian Fence Viewers - 3 to be elected Tony Caruso Jacob Hiebert* Tommy Anello Kaitlin Cain Tony Caruso* Margaret Dunn* Dino Fazio* John Harkness* Marie Henry* Donald Jackson* Ernie Amadio* Permod Goyal I1^ Committces.Alphabeltical COMMITTEES APPLICATIONS 2011 List.wpd Rudy Mascarin* Jeanette Tossounian Niagara Falls Museums Advisory Board - 7 to be elected Margaret Mingle* Kerry Painter Renni Piscitelli Rose Smith Dean Tedesco Jeanette Tossounian Gordon West* Niagara District Airport Commission - 2 to be elected Dr Ken Smith Ruedi Suter* REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -07 Council Appointments on External Agencies, Boards and Commissions RECOMMENDATION BACKGROUND CD- 2011 -07 NiagaraJalls April 18, 2011 That Council members continue to sit, if statutorily mandated, or there is a genuine interest, on external agencies, boards and commissions; and Staff continue to work on contractual arrangements with various "fee for service" groups. EXECUTIVE SUMMARY The Council representation on various external agencies, boards and commissions has occurred either as a result of statute, a contractual agreement or as a recognition of funding provided by the municipality to the external group. Council representation on the various external agencies, boards and commissions has provided a valuable communication link between the group and the Council and ensured that taxpayers' money is being well spent. Council representation, if not mandated or part of an existing contractual arrangement, is strictly voluntary. The direction to enter into contractual arrangements with various Fee for Service groups will ensure the City's interests are protected regardless of whether there is a Council representative on the external body. In addition to various advisory committees, Council members are often called upon to sit on what can best be described as external agencies, boards and commissions (referred to as ABC's by political scientists). Council has requested staff come back with a report on external appointments. Council members' participation on the various ABC's may be statutorily mandated (such as the Niagara Parks Commission by virtue of the Niagara Parks Act), part of an existing contractual arrangement (Niagara District Airport Commission, Niagara Falls Illumination Board) or may be specifically referred to in the organization's constitution (Niagara Falls Tourism, Winter Festival of Lights). Some organizations may wish to have a Council appointee on their board to provide a link between their organization and Council. Other organizations may choose to have a Council member on board for the input and perspective they may provide. Finally, the presence of a Council member on a given board may be in recognition of the funding provided by the municipality (Boys & Girls Club, Humane Society). For example, if the Council is going to approve funding for an April 18, 2011 organization, it should have some say in the organization' s operation to ensure that taxpayers' money is being wisely spent. ANALYSIS /RATIONALE A councillor's role is to provide an information link between the ABC and Council and to ensure that if Council funds the operation, taxpayers' money is being wisely spent. This role is in keeping with roles of a council member as set out in the Municipal Act, such as considering the interests and well being of the municipality. Staff appreciates, however, that there may be occasion when the wishes of the ABC may be contrary to the wishes of Council. The book Agencies, Boards and Commissions in Canadian Local Government, which can be viewed as the definitive work on ABC's adds the following: Council cannot provide specific, binding directions to an appointee, but it can provide some general indications of the feelings of council about certain issues. How satisfied (dissatisfied) is council with the current operation of the agency? Does council want the ABC to "stay the course" or to make major changes? Council members cannot be compelled to sit on ABC's, if they are not statutorily mandated or a part of an existing contractual arrangement. The practice at the municipality has always been if a councillor is genuinely interested in sitting on an ABC, they have put their name forward for consideration. The recent questionnaire of Council shows that there is still some interest by some members to sit on certain ABC's. For those ABC's without a Council representative, the City's interests will not necessarily be unheeded. As per report F- 2011 -14, 2011 Fee for Service, staff will be negotiating contractual arrangements with a number of the ABC's that fit into the Fee for Service definition (Humane Society, Boys & Girls Club, Project SHARE, Niagara Falls Tourism and Winter Festival of Lights). CITY'S STRATEGIC COMMITMENT Undertake reviews of governance of committees or boards by Council. LIST OF ATTACHMENTS Council choices for appointments Recommended by: Respectfully submitted: DI gA/- / Dean IorfidajCity Clerk - 2 - CD- 2011 -07 K n Todd, Chief Administrative Officer Appointment to Boards, Commissions & Committees Arts & Culture Committee Recreation Committee Councillor Gates Park In The City Committee Councillor Pietrangelo Councillor Gates Mayor's Youth Advisory Committee Councillor loannoni Committee of Adjustment Councillor Pietrangelo Municipal heritage Committee Mayor's Disability Advisory Committee Boys & Girls Club Board N. F. Humane Society Board Councillor Wing Niagara Museums Advisory Board Niagara Falls Tourism (2 + Mayor) Mayor Diodati Councillor Thomson Councillor Maves Adult Entertainment Appeals Committee (3) Mayor Diodati Councillor Thomson Councillor Maves Project Share Board Councillor Maves Niagara Falls Library Board Councillor loannoni Niagara Falls illumination Board (1 + Mayor) Mayor Diodati Councillor Maves Councillor Thomson Winter Festival of Lights Board (2) Mayor Diodati Councillor Thomson Downtown BIA Councillor loannoni Councillor Morocco Mayor Diodati Clifton Hill BIA Councillor Maves Lundy's Lane 131A Main & Ferry BIA Councillor Wing Victoria Centre BIA Councillor Kerrio Fallsview BIA Councillor Thomson Councillor Morocco Niagara District Airport Commission Councillor Wing Niagara Civic Convention Centre Board Councillor Thomson Councillor Morocco Transit Route Advisory Ad Hoc Committee* New committee Councillor loannoni Niagara Parks Commission Councillor Kerrio Regional Transportation Steering Committee Councillor Maves F- 2011 -12 NiagaraJalls April 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -12 2011 Municipal Utility Budget RECOMMENDATION 1. That Council approve the City's 2011 Municipal Utility Budget and the water and sewer rates for 2011 as outlined in the attached rate schedule (Chart 3). 2. That Council authorize staff to review and report on the impacts of smart meter billing at the City's service provider, NPEI as it relates to water meter reading and billing, with the intention of streamlining this process to better reflect the City's focus on customer service. 3. That Staff develop a new rate structure once the operational review of metering is completed and the Region of Niagara completes its service delivery review of an Utility Model of delivery. EXECUTIVE SUMMARY The Municipal Utility Budget consists of a water budget and a sewer budget, with rates for both services being established independently. Staff are recommending that the City's fixed service charge remain at 2010 amounts and that the combined volumetric charges increase by $0.0259 per cubic meter. Since the input costs of each volumetric rate is different, the cost of water is increasing by 5.4 %, but the cost of waste water consumption is declined by 2.6 %. As a result, the net impact is $0.0259 or less than 1.0 %. By increasing the volumetric charges, users will have the opportunity to control impacts by modifying their consumption patterns. Staff have implemented water conservation strategies for this year, which will assist users. The net impact on the average residential user consuming 360m/3 per year is $9.33 which is an increase of 0.078 %. The Region of Niagara has approved their 2011 rates for the delivery of water and the treatment of waste water. The Region has increased the City's water input charges by 1.1% on the variable portion of the charge and 4.6% on the fixed portion of the bill. On the waste water side, the Regional levy has been reduced by 1.9% as the City's waste water flows have declined. However, since the waste water charge is based on three year average flows and not actual, the City's charges are not fully reflective of the full reductions of the flow increase. The Region completed one water rate and waste water review during 2010 which reinforced their present cost recovery methods for the lower tier municipality. However, Regional staff are conducting a further review to investigate the possibility of further changes to the present service delivery model for water in the Region. Any significant changes to the present model will have impacts on city operations. April 18, 2011 - 2 - F- 2011 -12 At the present time, NPEI provides water meter reading and billing services for the City. This arrangement was developed at the time of installation of residential metering system for billing. This contract has been in place for approximately 10 years. As Council is aware, NPEI is legislated to implement smart meter technology billing for hydro accounts. This requirement will eliminate the need for physically reading the meters for hydro billing purposes. These factors have compelled staff to review the present arrangement to ensure that the original operational and financial benefits would continue to exist. Staff are seeking Council's approval to investigate further the possibility of realigning the metering and billing function once the smart meter technology is operational. During 2010, staff have reviewed the concerns raised by the public in regards to the equity in the current rate structure. Staff have identified opportunities for improving the operational performance of the system. The operational performance issues include reviewing and replacing older large volume meters, review large volume consumers to ensure that the meter size is appropriate, review the meter issuance procedures during building permit application to ensure meter purchases are consistent with expectant values. Each of these actions is ongoing and should be completed before altering the rate structure. These initiatives will coincide with the review undertaken at the Region, on service delivery model for water. At this time, we do not recommend altering the structure. This report identifies for the Council, the City's costs of operating both the water distribution system and the wastewater system. BACKGROUND The Municipality develops an annual operating budget for the operation of its water and sewer distribution systems. The City is dependant upon the Region of Niagara for the delivery of potable water and the treatment of wastewater. The City has responsibility to bill its residents for the use of both water and wastewater. The user fees consist of both a fixed and variable charge. The City's variable charge is based on the cost charged by the Region for potable water and for the treatment of sewage. The City's fixed meter charges recover the City's operating costs and capital spending. Significant debate has occurred over the last few years on the rate structure both at the Regional level and at the City level. The debate has centred on the fairness of rates and this discussion has centred on the appropriate mix between volumetric charges based on usage and fixed charges. At present the Region charges municipalities a fixed annual charge based on historical flows for sewage treatment while for water the charges are 25% fixed and 75% variable. The variable rate charged is uniform per cubic meter rate for all municipalities. Three primary factors are driving the debate. Firstly, both the Region and the Municipality must raise enough revenues to meet the annual commitments and as such the user charges must be reflective of the input costs. At the Regional level the volume of water sold to the area municipalities is less than it was a decade ago as residents demand has fallen. This has negatively impacted rates charged to the municpalities as the reduced volumes increase the rates charged as the Region indicates its costs are mostly fixed. At the City level, water purchased from the region has worked in the opposite direction as the water purchased has not fallen. Secondly, operating and capital costs of the system at both the regional level and at the municipal level have risen in the last decade. Thirdly, at the City level, the debate has been focussed on the equity of the fixed charges based on meter size. April 18, 2011 - 3 - F- 2011 -12 The Region of Niagara has approved their 2011 rates for the delivery of water and the treatment of waste water. Attached is the Regional Report PWA -13 -2011, which provides Council background information. This report has recommended that the methodology of billing water and sewer to the lower tier municipalities remain the same as 2010. The Region has approved that 75% of their billings to lower tier municipalities will be collected through a variable volumetric rate, while 25% would be collected through a fixed charge. The volumetric rate charged for water will rise from $0.535 per cubic meter to $0.541 or 1.1% while the fixed charge for the City of Niagara Falls has increased from $2,615,478 to $2,735,508, an increase of 4.58 %. The fixed wastewater charge from the Region has been reduced to $11,726,435 from $11,954,011. However this is a reduction not based on actual flows but rather historical averages and does not reflect the actual reductions in flow that the City has experienced over the past three years. Staff has incorporated the Regional rates into the City's volumetric rates. Since the Regional rates are effective March 1, 2010, the City must approve its rates immediately to ensure the regional increases are collected. Although, the price increase is small, the changes to the individual system's revenue stream are significant. Another area that staff have reviewed in 2010 is the services contract with NPEI. In 2001, the City engaged Niagara Falls Hydro, now Niagara Peninsula Energy Inc. (NPEI) to provide meter reading and billing functions for the municipality. At the time there was operational synergies that existed by combining the billing function of water and hydro at NPEI. However NPEI will not be required to read meters due the implementation of smart meter technology for hydro billing and staff have been reviewing the impact of this change on the services contract. Staff have reviewed other municipal administrations and is looking to implement changes to the present relationship with NPEI. A further report will be forthcoming in this regard. ANALYSIS /RATIONALE As the Municipal Utility Budget consists of two independent parts, the water budget and the sewer budget, the analysis will address each of these independently. As indicated the present rate structure consists of two volumetric rates, one for both water and waste water and two fixed monthly service charges, again for both water and waste water. Volumetric Rates: There are two volumetric rates charges based on the amount of water purchased and sold in a year. 2011 - Volumetric Rate Charges - Water There are five factors which impact the volumetric rate. 1. The Regional price increase is a direct product cost and is incorporated into the variable rate. As stated the Region charges the City based on a 75 -25% split between variable and fixed rate. The fixed rate has increased by 4.6% while the variable rate increased by 1.1% from 2010. The impacts of the pricing impacts will be dependent on the assumption made with respect to water volumes purchased and sold. April 18, 2011 - 4 - F- 2011 -12 2. The estimated volume that the Citywill purchase from the Region. The volume of water sold to the City by the Region increased in 2010 by 4.9% or 725000 m /3. This trend for the municipality is contrary to the findings across the Region wherein water flows are decreasing. This is consistent with the increased assessment and development the City has experienced. As a result staff are projecting that water purchases will remain the same in 2011. Staff have again used last year's volume to determine the estimated purchases for this year. 3. The estimated volume that the City will sell to its users. The volume of water sold by the City to its users increased in 2010 by 2.6% or 336,262 m /3. This indicates that the percentage of unbilled water has increased. 4. The un- billed water volumes. Un- billed water can be defined as the percentage of water that is not billed by the City but has been purchased from the Region. In 2010 the City used a factor based on the three -year average of 82.7% in the determination of water billed. In 2010, the actual factor was 79 %. A variety of factors have been identified as impacting this output. Specifically, staff are concerned that as meters have aged that the water volumes are decreasing and that many of these must be changed out. Staff have implemented a program to inspect each of the older meters and to change out as necessary. In addition, staff are reviewing the billing and reading of meters function and believe that changes made will result in improved results. For 2011, staff have used the 2011 three -year factor of 80% in the determination of the volumetric rate. 5. Transfers to Reserve for Rate Stabilization. In 2010 an amount of $117,835 was included in the determination of the volumetric rate. Although a transfer to reserves was not possible due to the impacts of the unbilled water volumes this has been included in the budget in 2011. An increased amount of $261,200 was included in the 2011 to reflect this reduction. The appropriate level of reserves can be reviewed as part of the rate structure review. 2011 - Volumetric Rate Charges - Waste Water There are three items which impact the volumetric rate. 1. The Regional waste water allocation is a 100% fixed cost and is billed through the City's variable rate. The fixed charge has decreased by 1.9% from 2010. The impacts of the pricing impacts will be dependent on the assumption made with respect to water volumes sold. In 2007, the Region changed the methodology in billing the lower tier municpalities in regards to the waste water. Prior to 2008, municipalities were charged on their actual waste water flows. Since 2008 municpalities have been charged a fixed amount based on the historical three -year average. In this time the City has seen a significant reduction in its wastewater flows, however the billing methodology has not reflected these reduced flows in the costs of the waste water treatment. This matter was raised at the Regional level and their staff is investigating next steps. 2. The estimated volume that the City will sell to its users. The volume of water sold impacts the revenues generated for waste water since residents are billed the wastewater based on the water consumed. The quantity of waste water billed increased by 4.2% year over year. In 2011, staff have used the 2010 actual in the determination of the projected billings. Staff's initiative to inspect and replace older meters will have a positive impact on future years' rates. Volumetric per Cubic Meters 2011 2010 $ Change Water Rate $0.9072 $0.8605 $0.0467 Sewer Rate 1.0120 1.0328 - 0.0208 Total $1.9192 $1.8933 $0.0259 April 18, 2011 3. Transfers to Reserve for Rate Stabilization. In 2010, an amount of $477,809 was included in the determination of the volumetric rate. This transfer to reserves was possible due to the impacts of the unbilled water volumes This has been included in the budget in 2011. The appropriate level of reserves can be reviewed as part of the rate structure review. The impacts of both variable rates is shown in the chart below. As this shows, the overall consumption rate is increased by $0.0259 or 1.36% but there are re- allocations of the fees between water and waste water, a reflective of the changed input costs in 2011. Fixed Monthly Service Rates: The City's water expenditures are outlined in Chart 1. The projected net annual expenditures for the City's water operation is projected to increase by 1.6% or $143,365 to $8,618,398 from $8,475,033 budgeted in 2010. However, this increase is offset by an increase of accounts and as a result, the monthly service charges will remain the same. The main drivers of this cost increase include: . The Transfer to Own funds, which is the Water contribution to the Capital Works Budget will remain at $4.1M annually. As indicated, staff recognize that an immediate need for meter replacement exists for some older meters. As well, a residential meter replacement program will be necessary in a few years as their useful life is realized. Again, the impacts of decisions made at the regional level and through the city's rate review will impact the implementation of this program. The main drivers offsetting the cost increases are: Waste water - 5 - F- 2011 -12 an increased labour and benefit cost as staff allocations are realigned an increase of insurance to reflect premium increases a continued investment in capital infrastructure of $4.1 M enhanced revenues from services, meter sales and water stand pipe sales based on 2010 results. an increase in the number of sewer accounts The City's wastewater expenditures are outlined in Chart 2. The projected net annual expenditures for the City's water operation is projected to increase by 1.0% or $84,574 to $7,788,241 from $ 7,703,667 budgeted in 2010. Similar to water, the service charges Waste Water Flows 2005 -2010 Year Cubic Meters 2005 19111867 2006 18154170 2007 16210505 2008 17629010 2009 14881499 2010 13846649 Combined Fixed Service Charges on 1" Meter 2011 2010 Water Charge per month $21.88 $21.88 Sewer Charge per month 20.20 20.20 Total $42.08 $42.08 April 18, 2011 • an increase of insurance to reflect premium increases The main drivers offsetting the cost increases are: . enhanced revenues from services based on 2010 results. a reduction in WSIB costs attributable to waste water operations an increase in the number of sewer accounts billing changes made at the Regional level. The impact on fixed monthly charges is shown in the chart below: - 6 - F- 2011 -12 will remain the same due to increase in number of accounts. The main drivers of this cost increase include: • an increased labour and benefit cost as staff allocations are re- aligned an increased cost of internal transfers reflective of increased fuel and vehicle maintenance costs. a continued investment in capital infrastructure of $4.245M In addition it should be noted that a charge for the debt repayment for the Garner road pumping stations is included in the expense side of the waste water budget. A corresponding 100% matching revenue is being shown derived from development charge reserve. Thus, there is no impact on users. The Transfer to own funds, which is the Sewer Budget contribution to the Capital Works Budget will remain at $4.245M annually has had a significantly positive impact on the reducing waste water flows experienced in the City. The city's efforts to separate stormwater and sewer flows has contributed to the results shown in the chart below. nfortunately, the true impact of this effort is not reflected in reduced costs due to the April 18, 2011 - 7 - F- 2011 -12 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Net Impact of the proposed increases will vary by user as the price increases are only on consumption through the variable rate. The fixed monthly charge will remain the same. For a residential homeowner, the impacts of varying water consumption is shown in the chart below is based on two variables: Council will recall that two programs exist to assist homeowners. The low income seniors rebate provide $100 rebate for qualified seniors, while the low flow sewer program provides incentives to property owners to reduce water consumption. LIST OF ATTACHMENTS Chart 1 - Water - Net Service Expenditures Chart 2 - Sewer - Net Service Expenditures Chart 3 - Water and Sewer Service Rates Regional Report PWA -13 -2011 Recommended by: Respectfully submitted: Todd Hadrison, Dir ctor of Finance Ken odd, Chief Administrative Officer 2010 Cost 2011 Cost $ Change % Change 100 m $694.29 $696.29 $2.00 0.0029% 360 m $1,186.55 $1,195.87 $9.33 0.0078% April 18, 2011 - 7 - F- 2011 -12 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Net Impact of the proposed increases will vary by user as the price increases are only on consumption through the variable rate. The fixed monthly charge will remain the same. For a residential homeowner, the impacts of varying water consumption is shown in the chart below is based on two variables: Council will recall that two programs exist to assist homeowners. The low income seniors rebate provide $100 rebate for qualified seniors, while the low flow sewer program provides incentives to property owners to reduce water consumption. LIST OF ATTACHMENTS Chart 1 - Water - Net Service Expenditures Chart 2 - Sewer - Net Service Expenditures Chart 3 - Water and Sewer Service Rates Regional Report PWA -13 -2011 Recommended by: Respectfully submitted: Todd Hadrison, Dir ctor of Finance Ken odd, Chief Administrative Officer CHART 1 F- 2011 -12 Monthly Fixed Rate: 2011 2010 WATER: Expenditures: Salaries and Wages $ 1,813,642 $ 1,754,784 WSIB, Health, Safety, Wellness 15,000 15,000 Employee Benefits 447,338 404,763 Long Term Debt Interest 9,504 15,968 Materials 462,292 382,292 Personnel Development 18,000 25,000 Memberships and Conference 5,000 - Advertising 27,486 10,800 Insurance 98,500 82,380 Utilities 26,000 22,500 Contracted Services 1,344,640 1,336,098 Financial Expenses 159,000 159,000 Long Term Debt Principal 116,343 110,239 Transfers to Own Funds 4,100,000 4,100,000 Internal Transfer 227,153 226,233 $ 8,869,898 $ 8,645,057 Less: Water Stand Pipe [Tank Truck 72,000cm] Revenue $ 98,000 $ 55,024 Water Transfer and Shut -off fees 37,000 25,000 Sundry Revenue 221,500 90,000 Transfer from Reserve - - $ 356,500 $ 170,024 Net Service Expenditures $ 8,513,398 $ 8,475,033 CHART 2 F- 2011 -12 2011 2010 SEWER: Expenditures Salaries and Wages $ 778,087 $ 717,644 WSIB, Health, Safety, Wellness 35,000 71,000 Employee Benefits 191,880 172,232 Long Term Debt Interest 531,127 14,059 Materials 140,000 150,000 Insurance 104,500 98,650 Insurance Claims 1,000 1,000 Contracted Services 1,845,000 1,855,000 Financial Expenses 224,000 224,000 Regional Fixed Charges - - Long Term Debt Principal 699,569 95,592 Transfers to Own Funds 4,245,000 4,245,000 Internal Transfers 197,426 89,490 $ 8,992,589 $ 7,733,667 Less: Sewer Lateral Cleaning $ 30,000 $ 30,000 Sundry Revenue 87,000 Transfer from Reserve 1,124,348 $ 1,241,348 $ 30,000 Net Service Expenditures $ 7,751,241 $ 7,703,667 Factor Meter Size 2011 2010 1 15mm $ 21.88 $ 21.88 1 16mm $ 21.88 $ 21.88 1 25mm $ 21.88 $ 21.88 3 37mm $ 65.65 $ 65.65 6 50mm $ 131.29 $ 131.29 12 75mm $ 262.59 $ 262.59 22 100mm $ 481.41 $ 481.41 42 150mm $ 919.05 $ 919.05 75 200mm $ 1,641.16 $ 1,641.16 105 250mm $ 2,297.62 $ 2,297.62 Factor Meter Size 2011 2010 1 15mm $ 20.20 $ 20.20 1 16mm $ 20.20 $ 20.20 1 25mm $ 20.20 $ 20.20 3 37mm $ 60.60 $ 60.60 6 50mm $ 121.21 $ 121.21 12 75mm $ 242.41 $ 242.41 22 100mm $ 444.43 $ 444.43 42 150mm $ 848.45 $ 848.45 75 200mm $ 1,515.09 $ 1,515.09 105 250mm $ 2,121.13 $ 2,121.13 CHART 3 Water Service Rates Sewer Service Rates F- 2011 -12 Water Rates: Water Consumption Rate After Due Date Sewer Rates: Service charge as set out in Section 1 Water rates as set oun in Section 2 Flat rates as set out in Sections 3 and 4 $0.9072 per cubic meter $0.9526 per cubic meter 92.30% 111.56% 109.80% water supply volumes (October 2007 through September 2010) — Table 2. (The 12 payment made for Feb 2012 to be based on the approved 2012 water budget) Table I - Water Requisition Total Water FlowForecast 2011 Variable Rate / Cubic Meter 42,375,164 58,209,313 0.546 Fixed Allocation 25% Variable Allocation 75% 10,593,791 31,781,373 Fort Erie Grimsby Lincoln Niagara Falls NOTL. Pelham Port Colborne St Catharines Ihorold Welland `Vest Lincoln Wastewater Budget and Fixed Allocation Allocation 833,806 460,811 401,052 2,758,742 491,133 264,290 516 553 3,094,524 424,129 1 219 638 129,115 Table 2 - Fixed Water Requisition 3 Year Avg 7 87070% 4 34982% 3 78572% 26 04112% 4 63604% 2 49476% 4 87600% 29 21073 %° 4 00356% 11 51276% 1.21878% PWA 13 -2011 February 17, 2011 Monthly 69,484 38,401 33,421 229,895 40 928 22,024 43,046 257,877 35 344 101,637 10,760 Total 100% 10,593,791 882,816 g) That the 2011 gross wastewater operating budget be approved at $61,483,745 and that the net requisition be approved at $60,449,845, representing a 1 .78% increase over 2010. Net Operations would be $36,401,199 and contribution to reserve for capital and debt charges would be $24,048,646. h) That the 2011 Wastewater capital budget (Appendix C) be approved, totalling $35,125,000. i) That the 2011 Wastewater fixed requisition, based on 100% of the Region's net requisition budget for the year and divided by 12 to determine the monthly charge, be billed each month for 11 months starting March 2011 to the Local Municipalities, apportioned based on their previous 3 year's average wastewater supply volumes (October 2007 through September 2010) — Table 3.. (The 12 payment made for Feb 2012 to be based on the approved 2012 wastewater budget). 2 Table 3 - Fixed Wastewater Requisition Fort Erie Grimsby Lincoln Niagara Falls NO Pelham Port Colborne St. Catharines Thorold Welland West Lincoln EXECUTIVE SUMMARY 3 Year Avg 913579% 5 62324% 3 99903% 19 39862% 3 164929'0 190736% 5.33226% 30 21451% 4.21983% 15 64840% 1.35604% Budget 5,522,570 3,399,2 41 2,417,409 11,726,435 1,913,189 1,152,995 3,223,345 18,264,625 2,550,880 9,459,432 819,72 4 3 Monthly 460,214 2 83,2 70 201,451 977,203 159,432 96,083 268,612 1,52 2,052 212,573 788,286 68,310 Total 100% 60,449,845 5,037,487 PWA 13 -2011 February 17, 2011 This report proposes that water and wastewater net requisitions for 2011 be increased by 0.85% and 1.78% respectively for a combined increase which meets the targeted increase of 1 40 %. As per Council's earlier guidance the cost recovery method has been maintained for 2011 with water 25% fixed and 75% variable and wastewater 100% fixed.. Ideally the Region would like to align its water and wastewater requisition by -laws with its fiscal budgeting year (January — December). This would also provide the Local Municipalities, the retailers, their wholesale rates earlier in the year.. The water rate and water and wastewater fixed requisition by -laws are recommended to be effective for a period of 11 months for the next 2 years to reach this goal . As well, it is recommended that the 2012 water and wastewater budget and requisition be set a month earlier than the previous year. In effect, the twelfth payment will be the first payment of next year's by -law and based on next year's budget. By 2013 the 12 month requisition by -laws will be based on a January — December fiscal year. Water volume forecasting remains a risk to sustainability as many factors have led to notable declines in water usage over the past several years Regional staff met with 10 of 11 Local Municipalities during the last half of 2010 in an effort to obtain more detailed water flow data Ideally a consistent multiple regression model for each Local Municipalities water flows would be created leading to a more scientific water flow forecast. Limited response from Local Municipalities has resulted in the need to forecast water flows on a more macro level. Water flow volumes from the Region to each Local Municipality were analyzed and extrapolated into 2011 Analyzing flows to individual Local Municipalities provides a stronger forecast than simply using a linear regression model based on total Regional water flows. The result of this analysis uncovered that water volume declines are slowing in many municipalities, Overall and at the wholesale level, water volumes are estimated to decline 1 1% in 2011 This estimate, as in previous years, is subject to risk from external factors including weather. Based on these estimated sales, the water rate is proposed to be set at $0..546 /m (a 2% increase over the 2010 rate). PWA 13 -2011 February 17, 2011 The wastewater cost allocation methodology has been questioned given that some Local Municipalities experience greater cost allocations with the 3 year rolling average vs, allocations based on their actual flows The historical average will exceed actual flows during the year when a Local Municipality is experiencing a steady decline in wastewater flows.. Although these declines will work their way into the 3 year average over time, this does not provide an immediate benefit / incentive to lower wastewater flows. Staff was requested to consider creation of a rate stabilization reserve to mitigate actual versus proportional flows. To compensate for this variance, a 2% increase to annual requisitions would be required to fund an allocation reserve.. Funds from this reserve would then be paid back to Local Municipalities who paid more using the 3 year rolling average vs actual flow allocations This reserve is not recommended as it adds costs to the overall requisition for no operational purpose.. This reserve does not align with the Region's taxpayer affordability plan, FINANCIAL IMPLICATIONS Water Gross Budget set at $42,714,043 Net Budget (Requisition) set at $42,375,164 - 0 increase over 2010 2011 Capital Project Budget - $22,250,000 2010 Budget 2011 Budget Change # Operations Capital Reserve Contribution } Debt Charges 19,668,712 22,349,552 19,805,147 22,570,017 136,415 220,465 Watex Requisition 42, 018,284 42,375,164 356,880 Fixed Requisition 25% Variable Requisition 75°%o Water Flows Cu M V olumetr c_Rate (Rounded) 10,504,571 31,513,713 58,856,691 0.535 . 10,593,791 31,781,373 58,209,313 89,220 267,660 (647,378) 0.011 • Water volume forecast for 2011 is estimated at 58,209,313 cubic meters (1 1% decrease from 2010 rate setting estimate) • The volumetric rate for water should be set at the rounded value of $0.546 per cubic meter of water. The decline in water consumption has elevated the volumetric rate increase to 1.97% or approximately 2 %, 4 Wastewater Gross Budget set at $61,483,745 Net Budget (Requisition) set at $60,449,845 1..78% Increase over 2010 2011 Capital Project Budget -÷ $35,125,000 PWA 13 -2011 February 17, 2011 Wastewater 2010 Budget 2011 Budget Change # Operations Capital Reserve Contribution + Debt Charges PURPOSE BACKGROUND 35,218,524 36,401,199 1,182,675 24,172,514 24,048,646 (123,868) Wastewater Requisition 59,391,038 60,449,845 1,058,807 This report recommends approval of the 2011 water and wastewater budgets.. A proposal to move towards a January- December billing period is presented, whereas the 2011 requisition and 2012 requisition will be applicable for only 11 months. The report also outlines the Regional water and wastewater rate setting and cost recovery methodology used in arriving at the 2011 wholesale rates and requisition recovery from the Local Municipalities This report quantifies the funds necessary to establish a wastewater allocation reserve (rate stabilization reserve) and identifies how it would further impact allocation of wastewater costs to Local Municipalities. This report also outlines an alternative solution for the 2012 wastewater requisition allocation for review in 2011 with the Local Municipalities Council met October 14, 2010 and approved the minutes of Report 12 -2010 from the Public Works Committee meeting of Tuesday October 5, 2010 Report PWA 78 -2010 (CSD 87- 2010), September 14, 2010, respecting the Water & Wastewater Rate Setting and Billing Review 2010, was received and direction was given as follows: • That the Water Rate Setting remain at status quo (25% fixed requisition and 75% volumetric rate) for the period of one year. • That the Wastewater Rate Setting remain at status quo (100% fixed requisition) for the period of one year. • That a Regional Rate Stabilization Reserve for Wastewater allocation shortages for Local Municipalities be quantified and presented to council.. • That Staff continue to work towards a permanent rate setting formula. 5 Billing Period Changes The Region sets its budget based on a fiscal year; however, water and wastewater requisitions are not effective until March.. Difficulty in managing an overall fiscal budget occurs when such a large component (water and wastewater) requisitions are not aligned on the same fiscal year as the Regional budget. Local Municipalities would also benefrt from earlier approval of the water and wastewater budget and requisitions, given that it would provide them more time to accurately determine their costs for the corning year and to set their budgets and rates earlier. Water Facts Regional staff has met with Local Municipality staff over the past few months in an effort to obtain customer specific data for forecasting 2011 water production and sales. Emphasis on setting the water rate based on a more inclusive and responsible volume forecast is imperative when 75% of the requisition is recovered through a volumetric rate. Even with a more comprehensive forecast, actual volumes will be impacted by things such as weather patterns, unaccounted for water, water conservation and Industrial/ Commercial /Institutional (ICI) sector consumption. As per Table 4, Regional staff is still awaiting more detailed forecasting data from the majority of Local Municipalities. However, Pelham confirmed that historical data would not be useful given the inaccuracy of old meters that have just recently been replaced. Table 4 Fort E rie Grimsby Lincoln Niagara Falls NOTL Pelham Port Colborne St Catharines Thorold Welland West Lincoln Pr ovided Data No Still coordinating a meeting Yes No Limited Old meter data not useful fot analysis No No Limited; how.2Ner, proxided a 2011 estimate Yes No Water requisition deficits have occurred as a result of setting rates on water flow forecasts that are greater than actual flows, This practice has led to losses for the Region. 6 PWA 13 -2011 February 17, 2011 Wastewater Facts Welland Notice of Motion Ref. No. 10 -37 Presented September 21, 2010 by Councilor Sharpe; PWA 13 -2011 February 17, 2011 Wastewater costs will continue to be recovered through a 100% fixed allocation; however, staff has been requested to review an allocation reserve (rate stabilization reserve) for 2011. Past wastewater allocations have been calculated using a rolling 3 year average for each Local Municipality This allocation methodology provides the Local Municipalities with knowledge of their allocated wastewater charges at the beginning of the billing year. However, concerns with this methodology have been raised by a few Local Municipalities. The concern is that the 3 year rolling average allocation will for some municipalities allocate a greater proportion of costs than that of their actual wastewater flows in the given year. Council directed staff to quantify an allocation reserve that would be used to rebate those municipalities who experienced a greater allocation with the 3 year rolling average vs actual flows from the given year For reference of a local municipal concern, the following motion has been received by the Region; WHEREAS, actual wastewater treatment volumes for Welland as provided by the Region show that the City of Welland has paid more than its fair share of Regional wastewater costs under the 3 -year rolling average model, AND WHEREAS, this overpayment amounts to more than $800,000 for the years 2007 to 2009. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF WELLAND requests that the Region change its billing model and reconcile this overpayment in the wastewater requisition for 2011; and further THAT WELLAND CITY COUNCIL directs the Region to use actual wastewater treatment volume in future years to adjust the requisition for each subsequent year, An alternative wastewater cost allocation methodology could be proposed for consideration and is outlined in the report. If the alternative methodology were implemented for future wastewater requisition allocations, it could serve as a resolution to the above motion It is recommended that potential impacts to the local municipalities be considered and reviewed with the joint staff working group on rate methodologies 7 REPORT Billing Period The Region's goal is to have the water and wastewater budgets set and approved prior to the end of the fiscal year (January- December). Presently, the water and wastewater by- laws are effective March 1 (first year) — Feb 28 (second year). Ideally the by -laws would be effective January 1 — December 31 of the same year. To make this change, it is proposed that the water rate and water and wastewater fixed monthly payment amounts be effective for a period of 11 months until Jan 31 2012 The 2012 approved rate and fixed requisitions will become effective Feb 1 2012 again for a period of 11 months. The 2013 rate and fixed requisition will become effective Jan 1 2013. Thus, by setting the water and wastewater by -laws for the next 2 years at 11 months, the goal of a January to December effective water and wastewater rate and requisition will be reached by the beginning of 2013 The fixed allocations of water and wastewater will still be divided into 12 equal payments However, after the 11 payment is made the next year's by -law will be set (a month earlier than the prior year) and the twelfth payment will actually be the first payment of next year's by -law, and based on next year's budget. Water Fixed Requisition Water requisition is split 25% fixed and 75% variable. The fixed portion is allocated in the same manner as the wastewater requisition The fixed water charge will be billed in 11 equal payments to the municipalities, apportioned based on their average water flows from the Region over the previous three years (October 2007 through September 2010).. — Table 2 Fixed Water Requisition. Water Volumetric Rate Water Volume Forecast 8 PWA 13 -2011 February 17, 2011 The remaining 75% variable portion of the water requisition is divided by the estimated water volumes of 58,209,313 cubic meters for 2011. The estimated water flows in 2011 are 1..1 % lower than the 2010 rate setting estimate which results in a rate increase that is greater than the budget amount increase. The requisition budget is increasing 0 85% and the rate will increase 2% from $0.535/Cu M to $0.546/Cu M. The water flow estimate of 58.2 million Cubic meters is derived from a trend analysis performed for each individual Local Municipality.. Below are 2 sample graphs outlining the need to forecast trends specific to Local Municipalities. Port Colborne's flows from the Region have leveled off over the past 24 months, whereas Thorold is expected to decline somewhat,. PWA 13 -2011 February 17, 2011 24 Month Leveling Trend Regional staff has met with all Local Municipalities with the exception of Grimsby due to scheduling difficulties Discussions included the need to share customer data to better understand potential risks to forecasts and project future changes in trends. This data would be used to build comparable multiple regression models for each Local Municipality. To date, staff has received the requested data from Welland and Lincoln. Pelham has advised their older water meters have poor historical data reliability and as a result, the Region will not have any use of Pelham's historical data Thorold and NOTL provided limited data with Thorold including their own estimate for 2011 water flows. Due to the limited response from all Local Municipalities, the Region's forecasting strategy will be maintained at a macro level (overall trends for each Local Municipality). All Local Municipalities have experienced varying changes in their water flow trends.. A Regional linear regression analysis is useful for setting "goal posts" but may not be suitable for projecting water flows in this environment. The Regional regression will not capture underlying factors driving changes in the overall trend To more accurately forecast water flows, it is important to analyze the individual components of the overall flow volume. However, without access to consistent and comparable data such as ICI flows, residential flows, non revenue water volumes, etc. the next best method is to analyze the overall water flows from the Region to each individual municipality The result of that trend analysis for each individual municipality provides us with the 2011 estimate of 58,209,313 cubic meters (See Chart Below) 9 I Rate = .525 Rate= :546 ._ O O 70 000 75 000 65 000 . - — 5Ycar Regression 60 000 55 000 —x- 2 004 2005 2006 ..iitli+Projecrcd flows for Rate Setting 76597 76 129 76705 ii■II■ActualFiows 70735 74,535 66411 20YearRegression 69,614 68 485 67556 Wastewater Requisition Wastewater requisition remains 100% fixed, apportioned based on Local Municipalities previous 3 year average wastewater flows to the Region (October 2007 through September 2010), with the recommendation of billing to Local Municipalities for 11 months. Reserve Quantified 80 000 72,074 69,718 67,362 Water Flow Analysis 10 ,Rate -= .572 PWA 13 -2011 February 17, 2011 2007 2008 2009 2010 2011 EST 74523 71215 6432 58357 • 58209 67993 60793 56.857 59 6532f 64 498 63168 61,339 60510 65,006 62,650 60295 57,939 55583 Concern from some Local Municipalities relate to a variance in wastewater allocation given that the 3 year average allocation is greater than their actual current year flow. To compensate for this variance, a reserve strategy was analyzed. The reserve would be used to rebate Local Municipalities who experience greater allocations with the 3 year average vs.. current year flows. As seen in Appendix A, approximately 2% of the past 3 years requisition budgets would have covered the cost of the overpayments when considering those who paid more using the 3 year average vs current year flows.. Therefore, this reserve would add 2% to the budget each year. The reserve amount would be added to the requisition and collected in the same manner as the net requisition. — Table 5 Table 5 - Fixed Wastewater Re. uisition with 2% Allocation Reserve 3 Year Avg Fort Erie 9 13579% Grimsby 5 62324% Lincoln 3 99903% Niagara Falls 19 39862 NOI L 316492 °, 6 Pelham 1 90736% Port Colborne 5 33226% St Catharines 30 21451% I horold 4 21983% Welland I5 64840% West Iincoln L35604% Total Budget 5,522,570 3,399,241 2,417,409 11,726,435 1,913,189 1,152,995 3,223,345 18,264,625 2,550,880 9,459,432 819,724 Reseive 110,451 67,985 48,348 234,529 38,264 23,060 64,467 365,292 51,018 189,189 16,394 Total 5,633,022 3,467,226 2,465,757 11,960,963 1,951,453 1,176,055 3,287,811 18,629,917 2,601,898 9,648,620 836,118 PWA 13 -2011 February 17, 2011 Monthly 469,418 288,936 205,480 996,747 162,621 98,005 273,984 1,552,493 216,825 804,052 69,677 100% 60,449,845 1,208,997 61,658,842 5,138,237 Reserve Payment to Local Municipalities Municipalities who paid a greater allocation (excluding the reserve) using the 3 year rolling average vs using actual flows throughout the billing year (calculated overpayment), could be rebated from this reserve fund. The reserve funded rebate would be allocated using one of the following 2 formulas: • In the event that the reserve balance is greater than the calculated overpayments, the rebate will be equal to the Local Municipalities calculated overpayment.. (highlighted in Appendix B, Schedule 1) • In the event that the reserve balance is less than the sum of the calculated overpayments, the Local Municipality's overpayment will be based on its percentage of all overpayments and available reserve balance (highlighted in Appendix B Schedule 2). Reserve Conclusion This reserve does not serve an operational purpose. Since this reserve would ultimately be added to the total requisition amount, this strategy does not align with the Region's taxpayer affordability plan. Alternative Solution to Eliminate Variance between 3 Year Average and Current Flows In view of the additional cost of the allocation reserve, another option is proposed for review and future consideration. Implementing a monthly accrual system would allocate the wastewater requisition based on actual flows; thus, eliminating the variance between actual proportions and the 3 year rolling average proportions. This allocation would divide the annual budget into 12 equal payments, apportioned monthly based on the Local 11 Methodology Pros Cons Option 1: Addition of 2% reserve to wastewater requisition Rebates Local Municipalities who paid a greater proportion with the 3 year rolling average allocation vs actual flows in the given year. Increases the cost of the budget and requisition by another 2% for al( Local Municipalities Option 2: Allocation based on accrual model Using previous months flows to apportion monthly fixed charge Provides incentive for local municipalities to reduce infiltration / inflow into the wastewater system since the cost savings will be realized immediately, opposed to waiting for flow declines to compute into the 3 year average. Apportions costs based on actual flows; thus, eliminating the issue of the 3 year rolling average.. Local Municipalities will not know their allocation until the actual flows are calculated each month . Monthly costs will become somewhat variable Need for review with LAM's to gauge nature and severity of the impacts to their retail billing Option 3: Status Quo using the rolling 3 year average Local Municipalities know their total wastewater costs at the beginning of the billing year _ Rolling 3 year average will not equal actual flows; thus, creating allocations that are not perfectly tied to actual flows. Municipalities previous months wastewater flows.. While logistically onerous, this is a cost effective solution to the problem as it does not require the addition of a 2% reserve to the requisition., The challenge with this methodology is Local Municipalities would lose their foresight for total wastewater costs at the beginning of the billing year. This methodology is equitable given that it is based on actual flows; however, Local Municipality's bills will vary each month based on their changing share of wastewater from the previous month. Another benefit of this option is that it provides immediate benefit for reducing wastewater flows through the reduction of weather related water infiltration, inflow, and conservation Submitted by: Summary of the Pros and Cons of the 3 Wastewater Allocation Methodologies: Kenneth J. Brothers, P. Eng Commissioner of Public Works Approved by: Mike Trojan Chief Administrative icer PWA 13 -2011 February 17, 2011 This report was prepared by Josh Tonnos, Senior Financial Analyst, in consultation with Gord Lockyer, Associate Director Research & Strategy, Betty Matthews - Malone, Director Water & Wastewater Services and Michael Roach, Manager Public Works Financial Services It was also reviewed Brian Hutchings, Commissioner of Corporate Services 12 A reserve has been requested to compensate those who paid more using the 3 year average allocation vs an allocation using actual flows during the billing year, (Highlighted below) The "calculated overpayments" vary over the past 3 years; however, approximately 2% of the budget would cover these overpayments. The optional approach in the report chooses to allocate costs using prior month's flows. That allocation will equal the middle column below; thus, eliminating the variance in question and need for a reserve. Notice below that the Region will collect the same amount of funds regardless of which methodology is used. The variance exists only in the distribution of the requisition between Local Municipalities. Sum Overpayments Budget (826 } Appendix A 13 (930) PWA 13 -2011 February 17, 2011 `._(1,931) 3:3591- - - 711= Wastewater - -__ Fixed Allocation Percentages 2008 _— - 2009 -=w Prim 3 yr 2007 BY Law PeriodActual Prior 3 yr 2008 BY -Law Period Actual ,,. Variance Prior 3 yr 2009 BY -Law Period Actual Municipality Avg Flows Variance Avg Flows Variance Avg Flows Variance Fort Erie 8. 8% 87% -01% 88% 90% 01% 8.8% 94% 07% Grimsby 5 0% 4 9% 0 0% 4 9% 5 6°6 0 6% 5 2% 6 0% 0 8% Lincoln 3.3% 38% 05% 34°6 39,°6 04% 3.6% 40% 04% Niagara Falls 207 °4 207% 01% 21.0* 199% 11% 20.7% 187% 20% NOTI 27% 31% 03% 29% 31% 01% 30% 32% 03% Pelham 20% 20% 00% 20% 19% 00% 19% 19% 00% PortColbotne 54% 5,2% 02% 5.4% 5.5% 01% 54% 52% 0 St Catharines 30 6% 299 07% 301% 301% 0096 30.0% 309% 09% Thor old 43% 47% 05% 43% 40% 03% 42% 43% 01% Welland 163% 159% 04070 16.0% 15.7% 03% 161% 150* 11% West Lincoln 1.0% 12% 0.25'o 1.191 1.2% 0.246 1.1% 1.4% 0.3% Total ='=1-0091 -- 4 : 7- :" 100- 0_ =-.=;= 0% := 100% 1005, 0% ;=.800% ;_. 1 0 ; =L II A reserve has been requested to compensate those who paid more using the 3 year average allocation vs an allocation using actual flows during the billing year, (Highlighted below) The "calculated overpayments" vary over the past 3 years; however, approximately 2% of the budget would cover these overpayments. The optional approach in the report chooses to allocate costs using prior month's flows. That allocation will equal the middle column below; thus, eliminating the variance in question and need for a reserve. Notice below that the Region will collect the same amount of funds regardless of which methodology is used. The variance exists only in the distribution of the requisition between Local Municipalities. Sum Overpayments Budget (826 } Appendix A 13 (930) PWA 13 -2011 February 17, 2011 `._(1,931) 3:3591- - - ` \ Fixed Allocation (in 000's) S zoos - —_=- -=w = ' : , Municipality Prior 3 yr Avg 2007 BY Law Period Actual Flows ,,. Variance Prior 3yr Avg 2008 BY -Law Period Actual Flows Variance Prior 3 yr Avg 2009 BY -Law Period Actual Flows Variance Fort Erie 4 861 477E = 66t = 4 954 5.036 82 5 050 5 425 375 Grimsby 2 ,716 2,69 (1S -_ 2 770 3127 358 2 986 3 434 448 Lincoln 1.820 2 083 262 1,918 2,158 239 2,094 2,330 236 Niagara Falls 11 283 11 127 44 . _11,76 - 11,163 (604) 11,9.43 { ' 10,766 _.(1,179) , NOT'. 1.501 1,672 171 1,639 1,711 73 170 1 863 161 Pelham .4,0_69 1,0675- ._. -:(1)--.;:- ;.1,094 3;091 (3) 1,109 1 114 5 Port Colborne 2,926 - - 2,820 -- (106). 3,024 3,106 82 ?3,113 2,947 (I16) St Catharines ._16,720 16,330- - -`- (390) 16,864 '- 16,861 (4) 17301 17791 491 Thotold 2,330 2.577 247 2,387 2 236 (151) - 2,412 2,471 59 Welland 8,902 8,657 ( 8,975 - 8,806 (169). ;'9,290 8,654-. ` (636) West Lincoln 553 654 101 604 699 96 660 816 156 Total Budget 54;615 15 __�. 55,995 55,995 0 _57;661 _ ::=5666:1 :::?q= A reserve has been requested to compensate those who paid more using the 3 year average allocation vs an allocation using actual flows during the billing year, (Highlighted below) The "calculated overpayments" vary over the past 3 years; however, approximately 2% of the budget would cover these overpayments. The optional approach in the report chooses to allocate costs using prior month's flows. That allocation will equal the middle column below; thus, eliminating the variance in question and need for a reserve. Notice below that the Region will collect the same amount of funds regardless of which methodology is used. The variance exists only in the distribution of the requisition between Local Municipalities. Sum Overpayments Budget (826 } Appendix A 13 (930) PWA 13 -2011 February 17, 2011 `._(1,931) 3:3591- Schedule 1- Reserr e Allocation (in 000's) _, 20Q8 Municipality Over payment $ Reserve Rebate Niagara Falls (604) 604 Pelham (3) 3 St Catharines (4) 4 Thorold (151) 151 Welland (169) 169 Total (930) 930 Total Budget 55,995 Schedule 2 - Reserve Allocation (in 000's) Municipality Over payment Over payment Reserve $ % Rebate Niagara Falls Port Colborne Welland (1,179) (116) (636) 61% 6% 33% 821 80 442 Total (1,931) 100% 1,343 Total Budget 57,661 The reserve (2% additional cost) if implemented would be allocated in the same manner as the budget — Seen in Table 5 of the Report. Schedule 1 is a reserve allocation example using appendix A data 2008 when the rebate owed is less than the reserve balance. Schedule 2 is a reserve allocation example when the rebate owed is greater than the reserve balance The Local Municipality's overpayment as a percentage of all overpayments will be multiplied by the reserve balance Note the 2009 reserve balance includes carry over reserve funds not used in 2008. Reserve 2% of Budget Rebate End Reserve Balance Reserve 2% of Budget Reserw Carry Forward Reserw Balance Rebate End Reserve Balance 1,120 (930) 190 1,153 190 1,343 (1,343) 0 Appendix B 14 PWA 13 -2011 February 17, 2011 Appendix C PWA 13 -2011 February 17, 2011 15 NEunrcrpaly 20 1= Total Grbss =_ 2011 Water= CapiitaI Pfd anr1 -P Je_c lose ilttons-;: '; WATERMAIN PROGRAM New WM crossing Welland Canal North end of Pt Colborne (EA) Port Colborne 200,000 Replace Twin Watermains Downtown St. Catharines, Ph 2 (Tender) St Catharines 10,000,000 Watermain Replacement on Collier Rd (Design) Thorofd 500,000 Watermain Replacement Farr Ave / Highland Ave (Design) Fort Erie 400,000 Sub -total 11,100,000 WTP PLANT UPGRADE PROGRAM Rehabilitation Decew WTP Raw Water Reservoir Berms (Design) Thorofd 100,000 Grimsby WTP Brick Replacement (Tender) Grimsby 1,500,000) Decew WTP Upgrade (Design) St Catharines 1,500,000 Niagara Falls WTP Upgrades to Settling Tanks (Design) Niagara Falls 3,000,000 Port Colborne WTP Generator Replacement (Tender) Fort Erie 500,000 Rosehill WTP Equipment Access Upgrade (Tender) Fort Erie 250,000 Decew WTP Process Waste Dechorination St Catharines 700,000 Sub -total 7,550,000 MISCELLANEOUS PROGRAM Pressure Booster/ Rechlorination Station Program (Design) Region 100,000 Fielden Reservoir Storage Expansion (Design) Port Col borne 500,000 Nixon Reservoir Upgrade (Tender) Lincoln 2,000,000 Reservoir/ Storage Upgrades Program (Tender) Region 250,000 Valve Chamber Upgrade Program (Tender) Region 250,000 Master Meter Replacement Program (Tender) Region 200,000 Elevated Tank Painting Program (Tender) Region 300,000 Sub -total 3,600,000 TOTAL PROG RAM 22,250,000 Appendix C PWA 13 -2011 February 17, 2011 15 Appendix C Continued 16 PWA 13 -2011 February 17, 2011 NFumicitglJt - 2011 =_ . .Total Grass = 4€Eilf astern afer Cop FRrogram Proja GSO CONTROL PROGRAM Wet Weather Flow /CSO Control Program (Design/Tender) Region Wide 3,300,000 Sub-total 3,300,000 WWTP UPGRADE PROGRAM Crystal Beach WWTP Upgrades, Ph 2 (Tender) Fort Erie 8,000,000 Port Well WWTP Alum Tank Upgrade (Tender) St Catharines 1,500,000 Anger Ave WWTP Upgrade (Tender) Fort Erie 9,000,000 Queenston WWTP Process Upgrade (Tender) NOTL 75,000 WWTP Digester/ Sludge Mgmt Program (Tender) Region 1,000,000 Sub-total 19,575,000 WWTP CAPACITY EXPANSION PROGRAM NOTL WWTP Capacity Expansion (Design) NOTL 1,500,000 Sub -total 1,500,000 SEWER AND FORCEMAIN PROGRAM Cross Country Sewer Replacement (Tender) St Catharines 1,500,000 Manhole Rehabilitation Program (Tender) Region 250,000 Murray St Sewer Upgrade (Tender) Grimsby 2,000,000 QEW Crossing Sewer Upgrade (Design) Lincoln 100,000 Dominion Rd Forcemain Replacement (Tender) Fort Erie 1,500,000 Sub -total 5,350,000 PUMPING STATION CAPACITY EXPANSION PROGRAM New Pump Station east of Canal (EA) Port Colborne 200,000 Sub -total 200000 PUMPING STATION IMPROVEMENT PROGRAM Pump Station Improvement Program (Design /Tender) Region 4,800,000 Sub -total 4,800,000 MISCELLANEOUS PROGRAM Roof Replacement Program (Design /Tender) Region 250,000 Permanent Flow Meters in Sewers (Design/Tender) Region 150,000 Sub -total 400,000 TOTAL PROGRAM 35,125,000 Appendix C Continued 16 PWA 13 -2011 February 17, 2011 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS draft approval for the Plan of Subdivision for Part of Lots 19, 20. and 21 Concession 3, Willoughby Township was given by the Ontario Municipal Board on October 26, 2006; and WHEREAS Queensway Chippawa Properties Inc. is proposing changes to the layout of a number of lots increasing frontages of lots and blocks; and WHEREAS the result of the changes will decrease the number of lots by twelve units from 610 units to 598 units. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of subdivision (26T -11- 2005 -01, Chippawa West Phase 2) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Niagara Falls City Council approved draft approval for the Plan of Condominium for 6911/6921 Barker Street ; and WHEREAS the applicant has requested a one -year extension of the draft approval; and WHEREAS the Regional Municipality of Niagara has requested conditions related to waste and recycling. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of condominium (26CD -11- 2007 -06. 6911-6921 Barker Street) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR F- 2011 -15 Niagara) ails April 18, 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 -15 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $40,214,573.28 for the period February 17, 2011 to March 30, 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 Harrison, Di ector of Finance Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATH 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 2 GUY'S GLASS INC 2095527 ONTARIO LTD 2095527 ONTARIO LTD 2113037 ONTARIO INC 623381,ONTARIO INC& 1251549, ONTARIO LTD 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD ACA ENGINEERING SERVICES ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ACTIVE NETWORK LTD ADSHEAD,DON ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AECOM CANADA LTD AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AGRATURF EQUIPMENT SERVICES INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL NIAGARA INSURANCE ALL PRO RENTALS ALLAN, WAYNE ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALT, LO R I ALTERNATE SOLUTIONS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARIVA ARIVA ARIVA ARIVA ARIVA Cheque No. Cheque Date Purpose 344607 09- Mar -2011 344737 16- Mar -2011 344941 23- Mar -2011 345111 30- Mar -2011 344944 23- Mar -2011 344287 23- Feb -2011 344942 23- Mar -2011 344943 23- Mar -2011 344446 02- Mar -2011 344288 23- Feb -2011 344447 02- Mar -2011 344614 09- Mar -2011 344738 16- Mar -2011 344289 23- Feb -2011 344448 02- Mar -2011 344608 09- Mar -2011 344609 09- Mar -2011 344945 23- Mar -2011 345112 30- Mar -2011 344739 16- Mar -2011 344291 23- Feb -2011 344450 02- Mar -2011 344611 09- Mar -2011 344741 16- Mar -2011 344947 23- Mar -2011 344290 23- Feb -2011 344449 02- Mar -2011 344610 09- Mar -2011 344740 16- Mar -2011 344946 23- Mar -2011 345113 30- Mar -2011 344451 02- Mar -2011 345114 30- Mar -2011 344612 09- Mar -2011 344948 23- Mar -2011 345115 30- Mar -2011 344613 09- Mar -2011 344292 23- Feb -2011 344452 02- Mar -2011 344742 16- Mar -2011 344949 23- Mar -2011 344441 25- Feb -2011 344453 02- Mar -2011 344615 09- Mar -2011 344616 09- Mar -2011 344743 16- Mar -2011 344950 23- Mar -2011 344951 23- Mar -2011 344617 09- Mar -2011 344952 23- Mar -2011 344735 14- Mar -2011 344619 09- Mar -2011 US DRAFT 16- Feb -2011 344293 23- Feb -2011 344618 09- Mar -2011 344454 02- Mar -2011 344294 23- Feb -2011 344455 02- Mar -2011 344744 16- Mar -2011 345116 30- Mar -2011 344456 02- Mar -2011 344295 23- Feb -2011 344620 09- Mar -2011 344953 23- Mar -2011 344296 23- Feb -2011 344458 02- Mar -2011 344745 16- Mar -2011 345117 30- Mar -2011 344309 23- Feb -2011 344459 02- Mar -2011 344621 09- Mar -2011 344954 23- Mar -2011 345118 30- Mar -2011 SERVICES SERVICES MATERIALS SERVICES MATERIALS ANTENNA LICENSE AGREEMENT Fl ANTENNA LICENSE AGREEMENT REFUND - SECURITY DEPOSIT REFUND CONTRACT SERVICES SERVICES MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES REFUND SERVICES MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES CONTRACT SERVICES CONSULTING SERVICES SERVICES SERVICES SERVICES EQUIPMENT MATERIALS SERVICES MAINTENANCE /REPAIRS SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS REMITTANCE INSURANCE PREMIUA MATERIALS SAFETY BOOTS MATERIALS MATERIALS TUITION REIMBURSEMENT MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEL/MILEAGE CONSULTING SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS Page 1 of 13 Amount 2,132.30 311.88 1,404.59 190.97 214.14 1,130.00 1,130.00 10,000.00 750.00 49, 868.19 1,808.00 530.72 847.50 107.35 163.85 112.18 103.91 451.94 452.00 15.00 870.10 5,700.85 711.90 508.50 2,243.05 593.25 536.75 50.85 248.60 423.75 853.15 59, 206.05 39, 046.62 138.73 398.54 38.79 27, 221.70 1,438.81 493.93 3,732.48 1,350.92 131, 759.47 14,045.91 216,394.74 624,762.96 14,037.50 32, 803.11 28,406.36 1,337.92 32.21 921,468.24 413.02 150.00 684.96 17.57 200.00 7,491.67 1,842.50 1,691.75 1,708.50 163.50 17,196.72 15, 890.63 11, 356.50 852.76 7,210.46 258.94 503.75 1,080.64 543.58 398.40 769.80 83.73 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC AUDIBERT,FRED AUTOMATION DEVICES CANADA LIMITED AVENUE INDUSTRIAL SUPPLY CO LTD B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE BAIOCCO CONSTRUCTION CORPORATION BAKER,FREDERICK & ANGEL BANK OF MONTREAL BARCLAY & TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD INTERNATIONAL INC BEAMAN,KEN BEAMAN,KEN BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BENNETT,CATHARINE BIANCHI PRESTA LLP IN TRUST BIG BEE CONVENIENCE BIGGARS KEY SHOP BIGGARS KEY SHOP BIRD,LUCETTE BLACK & MCDONALD LTD BLAIS,YVONNE BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBOROS,TERRY BONDFIELD CONSTRUCTION COMPANY LIMITED BOONE,GORDON BOOTH,LOIS BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRIANT,ROBERT BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK FORD SALES INC BRODERICK & PARTNERS BRODERICK & PARTNERS BRODERICK & PARTNERS IN TRUST BROWNS SEPTIC SERVICE LTD BRUNNING,TODD BURGESS,DAVE BURSE,PAMELA BUTLER,ANGUS BUTLER,DAVID CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CANADA LAW BOOK INC CANADA POST CORPORATION CANADIAN AMERICAN LAW ENFORCEMENT ORGANIZATION Cheque No. 344460 344955 345119 344622 344956 344623 344297 344461 344463 344624 344626 344747 344957 345123 344746 345120 344625 344298 344462 345121 345122 344299 344627 344464 344467 344751 344958 345124 345125 344300 344750 344752 344959 344301 344302 344960 344753 344961 344303 344304 344469 344628 345126 344754 344629 344470 344471 344305 344736 344962 344306 344755 344630 344963 345127 344472 345128 344964 344307 344758 344757 344308 344473 344631 344759 345129 344760 344310 344632 344761 344965 344475 344445 344311 Cheque Date 02- Mar -2011 23- Mar -2011 30- Mar -2011 09- Mar -2011 23- Mar -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 02- Mar -2011 09- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 30- Mar -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 30- Mar -2011 30- Mar -2011 23- Feb -2011 09- Mar -2011 02- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 30- Mar -2011 23- Feb -2011 16- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 23- Feb -2011 23- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 30- Mar -2011 16- Mar -2011 09- Mar -2011 02- Mar -2011 02 -Mar -2011 23- Feb -2011 14- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 09- Mar -2011 23- Mar -2011 30- Mar -2011 02- Mar -2011 30- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 23- Feb -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 02- Mar -2011 02- Mar -2011 23- Feb -2011 Purpose MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS SERVICES MATERIALS MAINTENANCE /REPAIRS SERVICES SERVICES MAINTENANCE /REPAIRS SERVICES SERVICES CONTRACT SERVICES CEMETERY PLOT SELL- BACK TO CI REFUND -WATER MATERIALS SERVICES MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND DRUMMOND RD RECONSTRUCTION REFUND- 2010 FALLS SHUTTLE PAS MATERIALS MATERIALS REFUND CONTRACT SERVICES TUITION REIMBURSEMENT SERVICES SERVICES SERVICES SERVICES REFUND CONTRACT SERVICES REFUND REFUND -TAX OVERPAYMENT ROLL GRANT BALANCE OF PAYMENT GRANT MATERIALS REFUND SERVICES SERVICES SERVICES MATERIALS MATERIALS EQUIPMENT CONTRACT SERVICES - PEOPLE MO` CONSULTING SERVICES - PEOPLE M DEPOSIT- 8214 LUNDYS LANE - PUA SERVICES - SHISHLER RD TRAVEUMILEAGE REFUND REFUND REFUND REFUND CONTRACT SERVICES SERVICES MATERIALS SERVICES MATERIALS SERVICES CALEO TRAINING SYMPOSIUM , ROI Page 2 of 13 Amount 77.97 169 -50 84.75 141.25 2,292.82 288.15 489.43 3,948.37 88.99 133.48 159.10 3,189.94 239.36 133.48 151,684.77 2,037.00 890.81 220.30 7,057.98 287.27 171.76 76.94 106.87 8,529.29 195.38 12.94 14.63 261.19 98.25 56.50 113.00 15.00 3,177.85 52.92 12.49 84.75 15.00 2,840.82 282.50 1,398.38 1,429.45 621.50 423.75 15.00 1, 586, 242.82 150.00 145.70 16,066.67 249,593.55 16,066.67 1,100.89 15.00 2,159.97 363.86 1,352.60 364.46 369.10 27, 016.04 1,902.07 593.82 5,500.00 610.20 62.00 150.00 15.00 139.26 15.00 915.30 644.10 1,986.80 915.30 182.96 785.35 585.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN ASSOCIATION OF MUNICIPAL ADMINISTRATORS CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARACCIOLO,CARMELO CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARGILL LIMITED M2083 CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARRICK,MARZENNA CARSWELL CARSWELL CASCADE SUBSCRIPTION SERVICE CASTLE MECHANICAL CECCATO,SHARON CENTENNIAL CONSTRUCTION CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL COMMUNICATIONS CENTRAL TRANSPORTATION REPAIRS INC CENTRE COURT CAFE CENTRE COURT CAFE CERIDIAN CANADA LTD CERIDIAN CANADA LTD CERMINARA,JAMES CHAMBER OF COMMERCE NIAGARA FALLS CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARTERHOUSE PROJECTS INC CHINDEMI,MARK CICCONE,FRANK CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CLARE'S CYCLE & SPORTS LTD CLARK,WILLIAM COFFEY GEOTECHNICS INC COLLABORATIVE STRUCTURES LIMITED COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITY ARTISTS NIAGARA CONTINENTAL TIRE CANADA INC COTTON INC ATTP Cheque No. 345130 344474 344633 344966 345131 344312 344476 344635 344765 344967 345132 344477 344968 344763 344766 344970 344313 344478 344636 344969 344315 344767 344971 344768 344316 344479 344637 344769 344972 345133 344317 344770 344973 345134 344639 344974 US DRAFT 344975 344480 344976 344771 344640 344319 344320 344977 344481 345135 345136 344482 344772 344773 344483 344641 344774 344978 345137 344775 345138 344776 344979 344321 344777 344980 344484 344322 344778 344485 344323 344642 344779 344981 344780 344324 344643 Cheque Date 30- Mar -2011 02- Mar -2011 09- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 02- Mar -2011 23- Mar -2011 16- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 09- Mar -2011 23- Mar -2011 29- Mar -2011 23- Mar -2011 02- Mar -2011 23- Mar -2011 16- Mar -2011 09- Mar -2011 23- Feb -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 30- Mar -2011 30- Mar -2011 02- Mar -2011 16- Mar -2011 16- Mar -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 23- Mar -2011 02- Mar -2011 23- Feb -2011 16- Mar -2011 02- Mar -2011 23- Feb -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 23- Feb -2011 09- Mar -2011 Page 3 of 13 Purpose Amount ADMINISTRATIVE - REGISTRATION F( MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES 2010 NIAGARA FALLS BRIDGE RECC MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS - VOLUNTEERS STN 4 TRAVEL/MILEAGE MATERIALS MATERIALS SUBSCRIPTION MAINTENANCE /REPAIRS REFUND -TAX OVERPAYMENT - ROl SERVICES CONTRACT SERVICES SERVICES MAINTENANCE /REPAIRS MATERIALS BUFFET LUNCH CONTRACT SERVICES CONTRACT SERVICES REFUND ADVERTISING REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES 2011 PLANNING & BUILDING ANNUA REFUND MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS EQUIPMENT CONSULTING SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SPONSERSHIP MATERIALS MATERIALS 661.25 324.88 189.28 775.47 1,547.20 204.89 221.20 245.53 927.25 334.83 216.29 3,610.40 3,610.40 48, 618.41 1,755.51 643.37 16.32 17.08 74.44 68.02 826.26 6,435.00 826.26 15.00 53,259.65 49,516.16 40, 956.80 21,477.31 52, 529.82 14, 480.10 1,923.66 6,640.17 5,656.33 236.50 89.20 961.28 142.50 195.49 347.02 3,195.08 103,260.86 395.50 12, 703.74 89.84 202.27 1,769.58 1,769.50 150.00 84.75 15.00 15.00 1,816.48 62.72 969.51 2,336.98 1,271.40 24, 894.45 120.00 15.00 2,820.79 9,946.40 3,119.48 4,320.66 3,159.48 343.75 521.92 400, 970.71 24, 399.85 1,478.46 44,562.11 1,458.78 250.00 3,682.72 418.97 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COTTON INC CRANFIELD,MIKE CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRD CREIGHTON CREDIT BUREAU SERVICES CANADA CROTEAU,HALLEY CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC D K TECHNICAL SERVICES INC DALKE,DORIS DARCH FIRE DAVIDSON ENVIRONMENTAL DAVIDSON ENVIRONMENTAL DAVIDSON,ANGELA DAVIDSON,ANGELA DAVIES,BRIAN DAVIS,NANCY DAY TIMERS OF CANADA LTD DEL MANAGEMENT SOLUTIONS DELCAN CORPORATION DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEURLOO,JOAN DICOSMO,JOHN& BLANCHARD, ROY MARCEL DIODATI,JIM DIODATI,JIM DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOWNTOWN BOARD OF MANAGEMENT ATTN DRAFTING CLINIC CANADA LTD DRUXY'S DRUXY'S DUE NORTH CONSULTING DUERKSEN,ANGELA DYNAMIC ONLINE MARKETING CORP E3 LABORATORIES EASTGATE TRUCK CENTRE ECCO ELECTRIC LIMITED ECO SOLUTIONS (MILTON) INC ECO SOLUTIONS (MILTON) INC ECO SOLUTIONS (MILTON) INC ELECTROMEGA LTD ELECTROMEGA LTD EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ESTATE OF DOROTHY HODGSON, EVANOFF,VICTOR EVANOFF,VICTOR EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EVOLUTION TRUCK & TRAILER SERVICE EVOLUTION TRUCK & TRAILER SERVICE Cheque No 345139 344283 344325 344487 344781 345140 344782 344783 344488 344784 344983 344489 344785 345141 344786 344989 344787 344788 344327 344984 344490 344985 344986 344644 344491 344646 344328 344329 344492 344789 344987 345142 344790 344791 344330 344988 344647 345143 CAROLE MACDOI 344331 344648 344332 344493 US DRAFT 344494 344792 344495 344793 344496 344333 344497 344990 344334 345145 344498 344796 344991 345146 344335 344992 344336 344499 344500 344797 344993 345147 344337 344994 344510 344650 344798 345148 345149 344338 344651 Cheque Date 30- Mar -2011 17- Feb -2011 23- Feb -2011 02- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 16- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 02- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 23- Mar -2011 23- Mar -2011 09- Mar -2011 02- Mar -2011 09- Mar -2011 23- Feb -2011 23- Feb -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 09- Mar -2011 30- Mar -2011 23- Feb -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 25- Mar -2011 02- Mar -2011 16- Mar -2011 02- Mar -2011 18 -Mai -2011 02- Mar -2011 23- Feb -2011 02- Mar -2011 23- Mar -2011 23- Feb -2011 30- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 23- Mar -2011 23- Feb -2011 02- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 30- Mar -2011 23- Feb -2011 09- Mar -2011 Purpose CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES SERVICES SERVICES MATERIALS LECLAIR, MARY DC437765 REIMBURSEMENT OF OVERNIGHT F MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REPLENISH ACCOUT # 98030007 MAINTENANCE /REPAIRS REFUND MATERIALS MATERIALS MATERIALS TUITION REIMBURSEMENT TRAVEUMILEAGE REFUND- ROLL # 040 016 56800 000( REBATE - ACCT. # 8000978 -1 MATERIALS LEASES AND RENTS - RENTAL UNIT; CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES MATERIALS MAINTENANCE /REPAIRS REFUND REFUND -TAX OVERPAYMENT ROLL TRAVEUMILEAGE TRAVEUMILEAGE ADMINISTRATIVE - ON LINE AUCTIO ADMINISTRATIVE REFUND - WINTER FESTIVAL OF LIC CONTRACT SERVICES MATERIALS MATERIALS ADVERTISING TRAVEUMILEAGE MATERIALS SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE UTILITIES MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES CONSULTING SERVICES CONTRACT SERVICES REFUND -ROLL # 040 004 032000 TRAVEUMILEAGE REFUND SERVICES MATERIALS SERVICES SERVICES Page 4 of 13 Amount 76,810.89 68.00 4,345.00 517.00 517.00 814.00 879.64 12.43 56.50 579.89 285.14 7,648.12 7,697.90 7,622.40 500.00 12, 078.40 15.00 917.11 146.90 146.90 500.00 440.50 237.59 133.02 260.33 4,049.89 15,820.00 275.44 4,047.11 1,344.70 2,307.66 24, 611.38 15.00 585.46 1,155.00 1,155.00 14.69 188.29 611.78 224.82 53.68 749.77 300.00 243.50 280.13 3,173.20 3,069.45 3,121.20 8,318.61 4,045.40 4,271.40 186.45 5,760.18 621.89 626.69 3,782.09 423.75 41, 252.82 40,401.89 11,679.99 94, 823.55 45, 737.17 12,437.34 6,636.16 17,538.25 1,736.81 1,474.65 244.01 42.00 15.00 869.90 2,449.93 261.15 254.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVOLUTION TRUCK & TRAILER SERVICE EVOLUTION TRUCK & TRAILER SERVICE FAIELLA,EILEEN FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FARNAN, JR,GARY R FAST,SYLVIA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEREN SIGNS & AWNINGS LTD FERON,JEANNETTE FERRANTE,PRISCILLA FESTIVALS & EVENTS ONTARIO FIELD OF DREAMS FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY ONE FIRST NATIONAL FINANCIAL FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FONSEKA,MARIS FORLIN,KATHY FORTUNA,JOHN FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRANK MUILEBOOM FRASER,LINDA FRETZ,LINDA G P S PURSUIT INC GALES GAS BARS GALES GAS BARS GALT MACHINE KNIFE & SAW GALT MACHINE KNIFE & SAW GENIVAR CONSULTANTS LIMITED PARTNERSHIP GIAGNOGLOU,ZOE GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOODLIFE FITNESS CLUBS GOODLIFE FITNESS CLUBS GOODY,ROBERT GRAVELLE,DON GRAVELLE,MIKE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIFFITHS,DAVID GRINDLAY,PATRICK GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY Cheque No. Cheque Date 344995 23- Mar -2011 345150 30- Mar -2011 345151 30- Mar -2011 344800 16- Mar -2011 344339 23- Feb -2011 344501 02- Mar -2011 345152 30- Mar -2011 344996 23- Mar -2011 344802 16- Mar -2011 344340 23- Feb -2011 344502 02- Mar -2011 344652 09- Mar -2011 344801 16- Mar -2011 344997 23- Mar -2011 345153 30- Mar -2011 345154 30- Mar -2011 344803 16- Mar -2011 344804 16- Mar -2011 344998 23- Mar -2011 344805 16- Mar -2011 344341 23- Feb -2011 344999 23- Mar -2011 345155 30- Mar -2011 344806 16- Mar -2011 345000 23- Mar -2011 344342 23- Feb -2011 344503 02- Mar -2011 344654 09- Mar -2011 344807 16- Mar -2011 345001 23- Mar -2011 345156 30- Mar -2011 345157 30- Mar -2011 344655 09- Mar -2011 344808 16- Mar -2011 344504 02- Mar -2011 344656 09- Mar -2011 345002 23- Mar -2011 345158 30- Mar -2011 344809 16- Mar -2011 344810 16- Mar -2011 344344 23- Feb -2011 344505 02- Mar -2011 344811 16- Mar -2011 344343 23- Feb -2011 345003 23- Mar -2011 344658 09- Mar -2011 345160 30 -Mar -2011 344659 09- Mar -2011 344660 09- Mar -2011 344661 09- Mar -2011 345004 23- Mar -2011 344506 02- Mar -2011 344813 16- Mar -2011 344814 16- Mar -2011 344345 23- Feb -2011 344662 09- Mar -2011 344815 16- Mar -2011 345005 23- Mar -2011 345161 30- Mar -2011 344816 16- Mar -2011 345162 30- Mar -2011 344346 23- Feb -2011 345006 23- Mar -2011 344817 16- Mar -2011 344818 16- Mar -2011 344606 03- Mar -2011 345007 23- Mar -2011 344347 23- Feb -2011 344507 02- Mar -2011 345008 23- Mar -2011 344348 23- Feb -2011 345009 23- Mar -2011 345163 30- Mar -2011 344351 23- Feb -2011 Purpose MATERIALS SERVICES REFUND SERVICES MATERIALS MATERIALS MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND WORKSHOP /SEMINAR REGISTRATI( MATERIALS SERVICES SERVICES SERVICES FIRE SAFETY PLAN REFUND -ROLL # 010 011 15400 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND -ROLL # 040 015 07847 TRAVEUMILEAGE REFUND REMITTANCE REMITTANCE REMITTANCE SERVICES REFUND REFUND ADVERTISING FUEL FUEL SERVICES SERVICES CONTRACT SERVICES REFUND -WATER OVERPAYMENT EQUIPMENT SERVICES MEMBERSHIP MEMBERSHIP TRAVEUMILEAGE REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS Page 5 of 13 Amount 504.88 254.14 15.00 4,407.00 22, 367.23 2,004.13 9,393.23 150.00 15.00 1,557.93 643.87 367.75 484.78 419.72 111.33 502.85 15.00 15.00 220.35 158.20 339.00 386.46 340.46 656.00 701.16 524.41 123.42 6,129.12 293.46 593.38 595.07 76.93 66.50 15.00 48,152.70 248.50 40,073.73 6,102.00 15.00 15.00 56.50 726.18 17.25 1,908.57 515.28 10, 723.70 309.GG 285,339.42 279.78 376.67 188.34 280.18 15.00 15.00 336.96 23.10 117.17 93.23 337.81 2,542.73 5,085.46 2,811.89 4,147.54 15.00 12.50 25, 390.56 9,282.81 546.26 59.66 2,844.85 5,410.44 593.25 1,059.21 98.88 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HAC H EY, DARLEN E HAGAN,DAVID HAGEN,MARY HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALLEX ENGINEERING LTD HALLIGAN,SAMUEL HASTY MARKET HEAT DESIGN EQUIPMENT LTD HEELIS, WILLIAMS, LITTLE,& ALMAS, LLP IN TRUST HERO TO HERO INC HEUSERS STEEL WORKS LTD HEYWOOD,ALAN HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOLLINGSHEAD,SHAWN HOLMAN,GEOFF HUSSEY,SHIRLEY IAPD CANADA ULC IG INVESTMENT MANAGEMENT LTD INDACO MANUFACTURING LIMITED INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INDUSTRY CANADA INDUSTRY CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS J & B PROCESS SERVING INC JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JAMES ROCCA IN TRUST JARDINE LLOYD THOMPSON CANADA LTD JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JESSOP,JIM JMRLOGICS JOHN HARRIMAN JOHNSTON,BRAD JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JUDSON,PATRICIA KALLIO,JAMES KAN DU POOLS LTD KAPLE,JEROME KEALEY & ASSOCIATES INC. KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KONE INC KONE INC KOSANOVIC,DRAGICA KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRITER,ROB KRONSTEIN,MARK KRONSTEIN,MARK L ST AMAND ENTERPRISES L WALTER & SONS EXCAVATING (2008) LTD. L WALTER & SONS EXCAVATING (2008) LTD. LACAL EQUIPMENT LAFARGE CANADA INC LAKE'S MAINTENANCE Cheque No. 344819 344820 344821 344349 345010 344508 345011 344509 344822 344350 344663 344823 344824 345164 344825 344352 345012 344826 344664 344827 344665 344666 345013 344512 344828 344511 344667 344513 344829 345165 344353 345014 344830 345166 345214 344354 344831 344514 344832 344668 344833 345167 344515 344669 344834 345015 345160 344835 345016 344355 344836 345169 344356 344516 344670 344837 345017 345170 344357 345018 344838 344358 344517 344517 345019 344518 344671 344839 344521 344846 345176 US DRAFT 344672 344673 Cheque Date 16- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 23- Mar -2011 02- Mar -2011 16- Mar -2011 23- Feb -2011 09- Mar -2011 16- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 16- Mar -2011 09- Mar -2011 16- Mar -2011 09- Mar -2011 09- Mar -2011 23- Mar -2011 02- Mar -2011 16- Mar -2011 02- Mar -2011 09- Mar -2011 02- Mar -2011 16- Mar -2011 30- Mar -2011 23- Feb -2011 23- Mar -2011 16- Mar -2011 30- Mar -2011 30- Mar -2011 23- Feb -2011 16- Mar -2011 02- Mar -2011 16- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 23- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 02- Mar -2011 23- Mar -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 02- Mar -2011 16- Mar -2011 30- Mar -2011 29- Mar -2011 09- Mar -2011 09- Mar -2011 Purpose REFUND REFUND REFUND LEASES AND RENTS LEASES AND RENTS SERVICES SERVICES SERVICES REFUND REFUND- FALLS SHUTTLE PASSES MATERIALS 5986 KALAR ROAD - MCDONALD LAI CRITICLE INCIDENT STRESS GROUP MATERIALS REFUND -ROLL # 100 003 23000 0000 LEASES AND RENTS LEASES AND RENTS REFUND TRAVEUMILEAGE REFUND EMERGENCY VEHICLE OPERATION REFUND -- 6111 CARLTON AVE MATERIALS MATERIALS MATERIALS MOBILE RADIO LICENSE LICENSES OF MOBILES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS SERVICES ADMINISTRATIVE SERVICES SERVICES TUITION REIMBURSEMENT REFUND - EXPENSES WHILE ON TRA BUSINESS SEMINARS SERVICES TRAVEUMILEAGE TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING REFUND REFUND MATERIALS REFUND CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS LEASES AND RENTS REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE/REPAIRS REFUND TRAVEUMILEAGE REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES PART MATERIALS MAINTENANCE /REPAIRS Page 6 of 13 Amount 15.00 15.00 15.00 621.50 621.50 12,814.20 22,441.80 13,223.50 15.00 23.52 768.41 4,300.00 400.00 10,735.00 1,000.00 3,502.86 3,502.86 15.00 76.50 15.00 6,893.00 1,291.80 212.08 163.27 900.00 4,497.00 5,833.00 4,413.18 4,456.29 4,533.89 1.218.71 39.55 152.55 39.55 4,000.00 7,474.68 237.30 1,069.84 46.03 1,356.00 787.50 70.02 5,554.00 2,758.00 2,852.00 5,368.00 2 15.00 150.00 281.10 15.00 1,000.00 3,791.15 11, 375.08 14,122.65 12,681.99 28,408.06 12, 760.68 556.06 755.22 12.50 16,395.60 1,638.50 13,621.19 7,609.56 150.00 72.00 15.00 819.25 5,270.32 2,275.82 4,976.10 27, 717.34 174.02 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LAZARENKO,GREGORY LEMAY,GERALD LEXISNEXIS CANADA INC LIGHTNING EQUIPMENT SALES LTD LINCOLN APPLIANCE SERVICE CENTRE INC LINCOLN APPLIANCE SERVICE CENTRE INC LINDE CANADA LIMITED LINDE ST CATHARINES LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUEY,CATHERINE M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACLEOD,JOHN MANCHESTER SUPPLY MANCUSO CHEMICALS LIMITED MANOR CLEANERS MANOR CLEANERS MAPMOBILITY CORP MARI -LYNNE EASTLAND MARTENS,TOM MARTIN,ROBERT CHARLES MATER,BRENDAN MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAV ES, DIAN E MAXWELL PAPER CANADA INC MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCGOLDRICK,ANDREW MCKAY HEATH MCLAUGHLIN,SCOTT MCNAMARA,SUSAN MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDICAL MART SUPPLIES LIMITED MEDICAL MART SUPPLIES LIMITED MERIT CONTRACTORS NIAGARA MERIT CONTRACTORS NIAGARA MERIT CONTRACTORS NIAGARA METRO PLUMBING & HEATING METRO PLUMBING & HEATING MEYER,CHRISTEL MHPM PROJECT MANAGERS INC MHPM PROJECT MANAGERS INC MICK AND ANGELO'S PREHISTORIC OLDTIMERS HOCKEY CLUB MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MISTER TRANSMIISSION MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTAGUE,ROSE Cheque No. Cheque Date 344840 16- Mar -2011 345020 23- Mar -2011 345171 30- Mar -2011 345172 30- Mar -2011 344841 16- Mar -2011 344842 16- Mar -2011 344844 16- Mar -2011 344360 23- Feb -2011 345022 23- Mar -2011 345174 30- Mar -2011 344361 23- Feb -2011 344362 23- Feb -2011 344520 02- Mar -2011 344675 09- Mar -2011 344845 16- Mar -2011 345175 30- Mar -2011 344363 23- Feb -2011 344532 02- Mar -2011 344685 09- Mar -2011 344858 16- Mar -2011 345032 23- Mar -2011 345183 30- Mar -2011 344531 02- Mar -2011 345182 30- Mar -2011 345023 23- Mar -2011 344364 23- Feb -2011 345025 23- Mar -2011 344365 23- Feb -2011 344676 09- Mar -2011 345026 23- Mar -2011 344794 16- Mar -2011 344847 16- Mar -2011 344367 23- Feb -2011 344677 09- Mar -2011 344368 23- Feb -2011 344848 16- Mar -2011 344522 02- Mar -2011 344678 09- Mar -2011 344849 16- Mar -2011 344679 09- Mar -2011 344850 16- Mar -2011 345027 23- Mar -2011 344680 09- Mar -2011 344851 16- Mar -2011 345028 23- Mar -2011 344370 23- Feb -2011 345177 30 -Mai -2011 344681 09- Mar -2011 344852 16- Mar -2011 345029 23- Mar -2011 344524 02- Mar -2011 344853 16- Mar -2011 344525 02- Mar -2011 344683 09- Mar -2011 345031 23- Mar -2011 344526 02- Mar -2011 344527 02- Mar -2011 344529 02- Mar -2011 344530 02- Mar -2011 344856 16- Mar -2011 345179 30- Mar -2011 345180 30- Mar -2011 345181 30- Mar -2011 344528 02- Mar -2011 344855 16- Mar -2011 345178 30- Mar -2011 344371 23- Feb -2011 344684 09- Mar -2011 344372 23- Feb -2011 344533 02- Mar -2011 345033 23- Mar -2011 345184 30- Mar -2011 344686 09- Mar -2011 344859 16- Mar -2011 Purpose MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS REFUND REFUND MATERIALS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS FUEL FUEL FUEL FUEL FUEL REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES REFUND MATERIALS REFUND SERVICES SERVICES MATERIALS MATERIALS REFUND REFUND REFUND CONSULTING SERVICES REFUND MATERIALS TRAVEUMILEAGE REFUND REFUND ADMINISTRATIVE REFUND TRAVEUMILEAGE REFUND MAINTENANCE /REPAIRS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE CONSULTING SERVICES CONSULTING SERVICES ADVERTISING TRAVEUMILEAGE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEUMILEAGE MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES SERVICES TRAVEUMILEAGE REFUND Page 7 of 13 Amount 388.72 624.89 174.02 25.00 15.00 111.25 473.00 85.88 131.08 112.44 96.05 22,044.19 23,499.00 28,931.00 22, 782.67 28,835.57 446.35 764.52 1,626.28 49.05 1,021.11 3,916.41 822.06 822.06 150.00 994.40 750.00 14.24 6.72 3,880.42 1,627.20 15.00 750.00 150.00 2,284.37 15.00 50.29 84.00 15.00 56.95 4,000.00 150.00 72.00 15.00 986.09 83.80 807.28 47, 972.76 23, 340.15 38, 283.21 20,133.56 3,898.50 45.00 12, 881.97 13,144.21 265.00 162.50 54, 919.60 3,702.42 2,565.00 85, 095.71 5,501.75 790.00 2,433.21 2,107.84 2,117.31 30.00 2,716.24 847.79 1,274.48 866.75 1,164.00 214.50 15.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOORE CANADA MORGAN SCOTT MISSISSAUGA MORGAN SCOTT MISSISSAUGA MORGAN SCOTT MISSISSAUGA MORGAN SCOTT MISSISSAUGA MORGAN,SAMANTHA MORIYAMA & TESHIMA ARCHITECTS MOROCCO,ANNA MOROCCO,JOHN MOSS,HIRRELL MOYER,VINCE MR QUICK SOFT CLOTH MR QUICK SOFT CLOTH MULLER'S WORKWEAR MULLER'S WORKWEAR MULLER'S WORKWEAR MUNICIPAL EMPLOYER PENSION CENTRE OF ONTARIO MUNICIPAL FINANCE OFFICERS ASSOC OF ONT MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIATION MUNICIPAL RETIREES ORGANIZATION ONTARIO MURAWSKI,CHESTER MUSSARI,TOM N S.M FABRICATING LIMITED NATIONAL TIME EQUIPMENT CO LTD NATIVITY OF THE HOLY MOTHER OF GOD NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NEXTERRA SUBSTRUCTURES INCORPORATED NFPA NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA CONVENTION CIVIC CENTRE NIAGARA ENGINEERING WEEK NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS SOCCER CLUB INC NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSTRUCTION & EXCAVATING NIAGARA PENINSULA CONSTRUCTION & EXCAVATING NIAGARA PENINSULA CONSTRUCTION & EXCAVATING NIAGARA PENINSULA CONSTRUCTION & EXCAVATING NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. 344373 344534 344860 345034 345185 345035 344374 344537 344689 344861 344536 344687 344535 344688 344862 344863 344375 345036 344690 344864 345037 345187 344376 345186 344691 344865 344538 345055 345188 344377 344539 344866 US DRAFT 344378 344540 344692 344693 345038 345039 345189 344379 345040 345041 345042 344380 344382 345044 344541 344381 344694 345043 344442 344542 344868 344869 345190 344870 344384 345046 344543 344385 345047 344386 345048 344546 344872 345051 345193 344387 344387 344544 344545 344695 344696 Cheque Date 23- Feb -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Mar -2011 23 -Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 02- Mar -2011 09- Mar -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 30- Mar -2011 09- Mar -2011 16- Mar -2011 02- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 16- Mar -2011 25- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 09- Mar -2011 23- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 23- Mar -2011 23- Mar -2011 23- Mar -2011 23- Feb -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 23- Feb -2011 09- Mar -2011 23- Mar -2011 25- Feb -2011 02- Mar -2011 16- Mar -2011 16- Mar -2011 30- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 23- Feb -2011 23- Mar -2011 23- Feb -2011 23- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 23- Feb -2011 23- Feb -2011 02- Mar -2011 02- Mar -2011 09- Mar -2011 09- Mar -2011 Purpose MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES TRAVEL/MILEAGE TRAVEUMILEAGE REFUND REFUND SERVICES SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE MEMBERSHIP MEMBERSHIP MEMBERSHIP REFUND TRAVEL/MILEAGE MAINTENANCE /REPAIRS MATERIALS REFUND MATERIALS CONTRACT SERVICES SEMINAR MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS GRANT GRANT ADVERTISING ADMINISTRATIVE REMITTANCE GRANT GRANT ADMINISTRATIVE CONTRACT SERVICES REMITTANCE CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE GRANT GRANT SERVICES CONSULTING SERVICES SERVICES UTILITIES UTILITIES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES UTILITIES UTILITIES SERVICES UTILITIES REMITTANCE UTILITIES Page 8 of 13 Amount 127.69 9,154.12 2,966.26 2,798.45 2,924.45 21,133.64 1,187.84 525.13 608.39 23.39 143.28 36, 781.50 26.00 126.50 15.00 149.78 153.68 185.32 200.00 300.52 290.97 3,071.64 1,582.00 439.00 175.00 15.00 265.10 113.00 144.87 750.00 6,549.21 26,549.78 795.00 5,233.85 1,900.76 95.49 309.19 95.49 208.81 1,388.63 33,202.33 33, 202.33 27.69 1,295, 739.02 720.00 2,250.00 2,250.00 150.00 37, 711.83 440.00 37,711.83 6,731.25 6,973.62 7,215.90 7,226.40 7,215.90 290.00 30, 000.00 30,000.00 45.00 326.00 2,316.00 106.76 95.07 5,092.35 1,144.13 1,271.25 1,271.25 505.00 258, 550.48 9,691.08 4,458.55 1,985.15 1,664.94 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA SAW SALES AND SERVICE NIAGARA SERVICE SUPPLY LTD NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA SUPPORT SERVICES NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA UNITED SOCCER CLUB NIAGARA.COM NISUS CONSTRUCTION LTD NORRIS,STEVE OACA OACA OACA OACAO OCE- CANADA INC OFFICE OF THE PUBLIC GUARDIAN & TRUSTEE FOR NELL WEAV O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS OMERS OMERS OMERS OMFPOA NIAGARA CHAPTER ON SCENE RESCUE TRAINING ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO DOOR CONTROLS LIMITED ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS ASSOCIATIC ONTARIO MUNICIPAL HEALTH & SAFETY REPRESENTATIVES AS ONTARIO MUNICIPAL MANAGEMENT INSTITUTE ONTARIO MUNICIPAL MANAGEMENT INSTITUTE PAGENET OF CANADA INC PAGENET OF CANADA INC PANAGOPOULOS,JIM PANETTA,DONNA PEACEFULL,IAN PEC ROOF MAINTENANCE PECK,FRED PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC. PENINSULA PEST CONTROL LTD PENINSULA PRESS LIMITED PENINSULA PRESS LIMITED PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY INC PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERFORMANCE CARS PERFORMANCE CARS PERRI,PASQUALE PHILIPS HEALTHCARE Cheque No. Cheque Date 344871 16- Mar -2011 345049 23- Mar -2011 345050 23- Mar -2011 345191 30- Mar -2011 345192 30- Mar -2011 344547 02- Mar -2011 345052 23- Mar -2011 344697 09- Mar -2011 344873 16- Mar -2011 345194 30- Mar -2011 344698 09- Mar -2011 344548 02- Mar -2011 344549 02- Mar -2011 344874 16- Mar -2011 345053 23- Mar -2011 345195 30- Mar -2011 344550 02- Mar -2011 344388 23- Feb -2011 344388 23- Feb -2011 345054 23- Mar -2011 344875 16- Mar -2011 344867 16- Mar -2011 345196 30- Mar -2011 344389 23- Feb -2011 344876 16- Mar -2011 344877 16- Mar -2011 345056 23- Mar -2011 344878 16- Mar -2011 345197 30- Mar -2011 344551 02- Mar -2011 344552 02- Mar -2011 345057 23- Mar -2011 345198 30- Mar -2011 344286 18- Feb -2011 344443 25- Feb -2011 344699 09- Mar -2011 344700 09- Mar -2011 344701 09- Mar -2011 345058 23- Mar -2011 345200 30- Mar -2011 345059 23- Mar -2011 345199 30- Mar -2011 344553 02- Mar -2011 344879 16- Mar -2011 345060 23- Mar -2011 345201 30- Mar -2011 345082 23 -Mai -2011 345061 23- Mar -2011 344390 23- Feb -2011 344880 16- Mar -2011 344391 23- Feb -2011 345063 23- Mar -2011 344881 16- Mar -2011 344392 23- Feb -2011 344554 02- Mar -2011 344882 16- Mar -2011 344555 02- Mar -2011 344396 23- Feb -2011 345065 23- Mar -2011 344394 23- Feb -2011 345203 30- Mar -2011 344702 09- Mar -2011 344702 09- Mar -2011 344393 23- Feb -2011 345064 23- Mar -2011 345202 30- Mar -2011 344883 16- Mar -2011 344556 02- Mar -2011 344703 09- Mar -2011 345204 30- Mar -2011 344558 02- Mar -2011 345205 30- Mar -2011 345206 30- Mar -2011 344559 02- Mar -2011 Purpose UTILITIES REMITTANCE UTILITIES CONTRACT SERVICES UTILITIES LEASES AND RENTS LEASES AND RENTS SERVICES SERVICES SERVICES SERVICES MATERIALS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS ADVERTISING ADVERTISING ADVERTISING ADMINISTRATIVE SERVICES CONTRACT SERVICES REFUND MEMBERSHIP ADMINISTRATIVE MEMBERSHIP MEMBERSHIP MATERIALS REFUND MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MEMBERSHIP CONSULTING SERVICES MEMBERSHIP MAINTENANCE /REPAIRS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MEMBERSHIP MEMBERSHIP MEMBERSHIP SERVICES SERVICES REFUND REFUND REFUND MAINTENANCE/REPAIRS REFUND ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS TRAVEUMILEAGE SERVICES Page 9 of 13 Amount 2,938.96 20, 351.80 216,591.56 1,417.93 4,355.76 2,943.94 2,943.94 50.00 50.00 50.00 454.26 296.06 557.68 2,763 44 1,206.55 326.71 4,246.81 391.88 1,641.53 892.24 155.00 13.56 3,601.88 106.67 110.00 450.00 1,120.00 525.00 222.81 64.54 5,204.31 12,243.56 1,143.10 2,322.56 3,201.28 25,514.10 468, 766.86 230.68 100.00 375.00 429.40 231.55 1,172.94 836.30 715.44 884.04 150.00 100.00 85.00 85.00 16.89 16.89 150.00 150.00 150.00 348.83 150.00 164.05 111.50 7,910.00 388.72 1,162.09 (110.18) 40.00 390.00 170.00 113.00 73.45 108.89 14.87 393.60 922.83 336.45 6,565.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PITNEY BOWES OF CANADA LTD. PORTER,GAIL PRAXAIR PRAXAIR PRAXAIR PRAXAIR PREMIUM COMMERCIAL LTD PRIVAT,MIKE PROCON NIAGARA PROJECT SHARE PROJECT SHARE PROJECT SHARE PURE WATER PURE WATER PURE WATER PUROLATOR COURIER QUALITY HOTEL & SUITES & CONVENTION CENTRE QUALITY HOTEL & SUITES & CONVENTION CENTRE R & W HOIST REPAIRS LTD R & W HOIST REPAIRS LTD R W HAMILTON LTD R W HAMILTON LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RAPP,JUDITH RAVEN,BONNIE RBC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY REALTAX INC REAMINED SYSTEMS INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA 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 MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RENNIE,GEORGE RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED ROBBINS,JOAN ROBBINS,RICHARD ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC ROSA,DAVID ROSA,DAVID ROSS,PHILIP ROZON,MATT SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO,DOLORES SAFETY KLEEN CANADA INC SAFETY -KLEEN CANADA INC. OIL DIVISION SANI GEAR FIRE Cheque No. 344397 344705 344398 344560 345067 345207 345208 344561 344562 344399 344885 345068 344400 344886 345069 344563 344887 345070 344405 344898 344571 344710 344401 344564 344706 344888 345209 344402 344565 344889 344567 344566 345210 344708 344568 344444 344569 344890 345211 344284 344285 345071 345072 344403 344570 344709 345073 345212 345213 WIRE WIRE WIRE WIRE WIRE 344892 345074 344893 344894 345075 344404 344895 345076 344896 345215 US DRAFT 345077 344897 344406 345078 345216 345079 345217 344899 344407 Cheque Date 23- Feb -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 23- Mar -2011 30- Mar -2011 30- Mar -2011 02- Mar -2011 02- Mar -2011 23 -Feb -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 23- Mar -2011 02- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 02- Mar -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 16- Mar -2011 02- Mar -2011 02- Mar -2011 30- Mar -2011 09- Mar -2011 02- Mar -2011 25- Feb -2011 02- Mar -2011 16- Mar -2011 30- Mar -2011 17- Feb -2011 17- Feb -2011 23- Mar -2011 23- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 23- Mar - 30- Mar -2011 30- Mar -2011 18- Feb -2011 02- Mar -2011 02- Mar -2011 14- Mar -2011 31- Mar -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 30- Mar -2011 16- Feb -2011 23- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 30- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 23- Feb -2011 Purpose LEASES AND RENTS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES GRANT REFUND GRANT SERVICES SERVICES SERVICES COURIER TRAVEUMILEAGE TRAVEUMILEAGE MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND REFUND REMITTANCE REMITTANCE REMITTANCE MAINTENANCE/REPAIRS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS DEBENTURE 75 -2003 JAN WATER YR END TAX RECONCILIATION 1ST QTR TAX LEVY FEB WATER REFUND CONSULTING SERVICES REFUND REFUND MATERIALS SERVICES SERVICES SERVICES CONSULTING SERVICES MATERIALS REIMBURSE MEDICAL EXAM REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS Page 10 of 13 Amount 450.87 105.00 140.30 613.59 753.89 312.73 750.00 750.00 7,526.94 24,866.67 36.30 24, 866.67 25.00 30.00 17.25 90.51 349.17 698.34 1,125.82 2,269.83 413.21 93.45 76.79 1,117.12 603.13 527.71 7.23 337,299.90 100.00 15.00 1,170.00 1,451.72 1,478.60 3,412.60 565.00 152.16 495, 852.29 490,768.73 481, 520.55 500.00 500.00 500.00 500.00 204.54 30,145.47 17, 383.68 11, 424.00 1,100.00 11,126.85 33, 991.75 1,935,631.42 8, 073, 875.00 15,196, 976.00 1,867,181.56 15.00 1,413.40 15.00 15.00 1,031.01 1,035.05 1,175.54 3,396.98 2,104.90 1,462.25 1,990.00 147.45 150.00 9,295.38 24, 590.47 12,017.83 72.00 497.96 4,574.24 362.62 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SANI GEAR FIRE SANI GEAR FIRE SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHOONBEEK - VERSTRAETE,L SCOTT,CHRISTOPHER SCOTT,JOANNE SCOTT, LOIS SCOZZAFAVA,SAM SEAWAY FLUID POWER GROUP SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHAD,SAM SHEEHAN ARBITRATION MEDIATION SERVICES SHERMETTA,MARLENE SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLEX GRINNELL SIX CARD SOLUTIONS USA CORP B9257 SIX CARD SOLUTIONS USA CORP B9257 SMITH,LEE SNYDER,BILL SOMERVILLE,GREG SOUTHWEST BINDING SYSTEMS LTD ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE ST. CATHARINES FREIGHTLINER TRUCK & TRACTOR STAMFORD COLLEGIATE STAMFORD HOME HARDWARE STAPLES /BUSINESS DEPOT STITCH IT CANADA'S TAILOR STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STORAGE NIAGARA STORAGE NIAGARA STREAMLINE STRONGCO EQUIPMENT STUART, DAVE SULLIVAN MAHONEY LLP IN TRUST SUN LIFE SUN LIFE SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP 3UNCOR ENERGY PRODUCTS PARTNERS! Ilf SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUTPHEN CORPORATION SYMPOSIUM TECHNOLOGIES INC TAB TALARIS CANADA INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TANASI,PAUL TAYLORS WATER SERVICE TD CANADA TRUST PROPERTY TAX DEPARTMENT TECHNICAL STANDARDS & SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TENNIER SANITATION TERANET INC TESKEY,BERNADETTE Cheque No. Cheque Date 344711 09- Mar -2011 345081 23- Mar -2011 345082 23- Mar -2011 344408 23- Feb -2011 344409 23- Feb -2011 344901 16- Mar -2011 344900 16- Mar -2011 344902 16- Mar -2011 344572 02- Mar -2011 344410 23- Feb -2011 345084 23- Mar -2011 344903 16- Mar -2011 345085 23- Mar -2011 344904 16- Mar -2011 344411 23- Feb -2011 344573 02- Mar -2011 345218 30- Mar -2011 344574 02- Mar -2011 345219 30- Mar -2011 344412 23- Feb -2011 345086 23- Mar -2011 344575 02- Mar -2011 344905 16- Mar -2011 345220 30- Mar -2011 344713 09- Mar -2011 344413 23- Feb -2011 344909 16- Mar -2011 345088 23- Mar -2011 344714 09- Mar -2011 345221 30- Mar -2011 345087 23- Mar -2011 344907 16- Mar -2011 344577 02- Mar -2011 345222 30- Mar -2011 345223 30- Mar -2011 344414 23- Feb -2011 344715 09- Mar -2011 345224 30- Mar -2011 344578 02- Mar -2011 344579 02- Mar -2011 345089 23- Mar -2011 WIRE 02- Mar -2011 WIRE 31- Mar -2011 344415 23- Feb -2011 344580 02- Mar -2011 344704 09- Mar -2011 34471G 09- Mar -2011 344910 16- Mar -2011 345090 23- Mar -2011 345225 30- Mar -2011 344582 02- Mar -2011 344911 16- Mar -2011 345226 30- Mar -2011 344581 02- Mar -2011 US DRAFT 09- Mar -2011 345227 30- Mar -2011 345091 23- Mar -2011 344417 23- Feb -2011 345092 23- Mar -2011 345228 30- Mar -2011 344583 02- Mar -2011 344584 02- Mar -2011 344913 16- Mar -2011 344718 09- Mar -2011 344914 16- Mar -2011 344418 23- Feb -2011 344915 16- Mar -2011 345229 30- Mar -2011 345093 23- Mar -2011 344916 16- Mar -2011 345094 23- Mar -2011 344419 23- Feb -2011 345230 30- Mar -2011 344917 16- Mar -2011 Purpose MATERIALS MATERIALS SERVICES REFUND REFUND REFUND REFUND REFUND MAINTENANCE /REPAIRS SERVICES SERVICES ADMINISTRATIVE CONSULTING SERVICES REFUND SERVICES SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS SERVICES SERVICES PETTY CASH REFUND REFUND MATERIALS GRANT SERVICES GRANT MATERIALS REFUND MATERIALS MATERIALS SERVICES SERVICES MATERIALS SERVICES SERVICES MAINTENANCE /REPAIRS MATERIALS PETTY CASH ADMINISTRATIVE MAR PREMIUMS APR PREMIUMS FUEL FUEL FUEL FUEL FUEL FUEL FUEL SUPPLIES MATERIALS MATERIALS FUEL PARTS CONTRACT SERVICES MATERIALS SERVICES SERVICES ADVERTISING REFUND SERVICES REFUND REMITTANCE ADMINISTRATIVE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS ADMINISTRATIVE REFUND Page 11 of 13 Amount 108.77 164.81 264.42 750.00 40.00 15.00 25.00 15.00 1,439.36 1,777.63 1,808.00 50.00 1,110.25 15.00 322.05 88.30 3,418.25 66.16 131.08 100.00 100.00 248.51 15.00 150.00 348.22 2,491.67 3,000.00 2,491.67 1,439.59 288.00 22.55 397.63 152.05 186.43 152.55 96.05 288.15 186.45 1,071.51 485.86 2,500.00 288,957.91 299, 271.10 31,726.33 54, 799.63 1,103.53 21, 903.23 23,953.18 21, 908.62 53,654.36 162.61 421.50 153.00 2,612.05 188.00 2,260.00 52.97 203.40 440.53 1,942.74 60.00 60.00 2,345.26 105.00 100.00 207.89 224.84 273.42 2,319.80 7,178.24 2,953.09 483.14 10,000.00 15.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TESSMER,LOTHAR THE CANADIAN INSTITUTE OF CHARTERED ACCOUNTANTS THE MAGIC OF GREG FREWIN THE REVIEW THE SENIORS REVIEW THE TORONTO POSTCARD CLUB THE TRAILER SHOP TIM HORTONS STORE #30 TORONTO STAMP INC TORONTO STAMP INC TOTH,STEVE TOWNSEND,ROBERT TRACTION HAMILTON TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSITIONS COLLEGE OF BUSINESS & CAREER STUDIES TUFF BOYS PLOW AND LANDSCAPE TUFF BOYS PLOW AND LANDSCAPE TWARDAWSKY,NICK UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URQUHART,TAYLOR V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VALLEY BLADES LIMITED VAN HOUTE COFFEE SERVICES INC CO 38 VANCOR SUPPLY VANCOR SUPPLY VANCOR SUPPLY VERNON'S PUBLISHING INC. VIKING LIVES LTD VIKING LIVES LTD VIKING CIVES LTD VOKEY,JEROMEY WAJAX INDUSTRIES WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WALSH,MARIA WARCHALA,MICHAEL WARREN, DEBBIE WARRINER,LESLIE WASTE MANAGEMENT WASTE MANAGEMENT WATERS, RONALD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WFS LTD WFS LTD WFS LTD WFS LTD WFS LTD WFS LTD WHAN,HOWARD WHITING EQUIPMENT SERVICES COMPANY LTD WILCOX BODIES LTD WILCOX BODIES LTD Cheque No. 345095 344634 345024 344918 344719 345096 344919 344720 344420 345231 344721 344421 344723 344920 344422 344585 344724 344921 345232 344722 344586 345233 344725 344922 344423 344587 345234 344424 344591 345235 344588 344589 344425 344726 345097 344727 344426 344592 344728 345236 345237 344924 345100 344427 344593 344729 344923 345099 344925 344926 345102 344928 344927 344428 345103 US DRAFT 344429 344430 344594 344730 344929 345239 344595 345240 344431 344596 344731 344930 345104 345241 344931 344932 344432 344597 Cheque Date 23- Mar -2011 09- Mar -2011 23- Mar -2011 16- Mar -2011 09- Mar -2011 23- Mar -2011 16- Mar -2011 09- Mar -2011 23- Feb -2011 30- Mar -2011 09- Mar -2011 23- Feb -2011 09- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 09- Mar -2011 02- Mar -2011 30- Mar -2011 09- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 30- Mar -2011 02- Mar -2011 02- Mar -2011 23- Feb -2011 09- Mar -2011 23- Mar -2011 09- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 30- Mar -2011 30- Mar -2011 16- Mar -2011 23- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16 -Md -2011 23- Mar -2011 16- Mar -2011 16- Mar -2011 23- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 23- Mar -2011 16- Feb -2011 23- Feb -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 30- Mar -2011 02- Mar -2011 30- Mar -2011 23- Feb -2011 02- Mar -2011 09- Mar -2011 16- Mar -2011 23- Mar -2011 30- Mar -2011 16- Mar -2011 16- Mar -2011 23- Feb -2011 02- Mar -2011 Purpose REFUND MATERIALS SERVICES ADVERTISING ADVERTISING MEMBERSHIP MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE COURIER CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES REFUND MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND TRAVEUMILEAGE REFUND REFUND SERVICES SERVICES SAFETY BOOTS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE /REPAIRS MATERIALS MATERIALS Page 12 of 13 Amount 56.49 146.34 1,000.00 9,558.73 1,356.00 20.00 7,107.70 127.42 67.46 62.49 131.75 322.67 461.10 386.29 117.69 453.00 65.48 12.23 69.71 734.50 2,428.77 4,168.63 104.50 10.32 531.78 12, 769.72 12,255.22 150.00 1,779.75 3,559.50 6,959.56 171.43 4,228.14 377.37 452.23 4,581.02 123.69 699.31 994.16 150.00 198.18 160.35 1,579.88 710.27 1,103.35 812.42 456.53 1,165.41 15.00 15.00 38.00 15.00 15.00 68.44 68.64 150.00 378.55 419.07 1,127.18 485.72 318.52 209.16 128.35 258.45 369.70 652.37 1,355.60 270.51 49.76 1,676.02 15.00 1,017.00 218.09 332.22 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WILSON,DAN WINDJACK,JIM WINGER,TERRI WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WONG,WILLIAM W K WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORKPLACE SAFETY & INSURANCE BOARD COLLECTIONS BRA WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YELLOW PAGES GROUP YELLOWPAGE MARKETING B.V. YMCA YMCA YMCA YWCA YWCA Cheque No. Cheque Date 344933 16- Mar -2011 344934 16- Mar -2011 344598 02- Mar -2011 345242 30- Mar -2011 344433 23- Feb -2011 345105 23- Mar -2011 344599 02- Mar -2011 344434 23- Feb -2011 345106 23- Mar -2011 344435 23- Feb -2011 344600 02- Mar -2011 344436 23- Feb -2011 344601 02- Mar -2011 345107 23- Mar -2011 345243 30- Mar -2011 344602 02- Mar -2011 344603 02- Mar -2011 344733 09- Mar -2011 344734 09- Mar -2011 344935 16- Mar -2011 345108 23- Mar -2011 345244 30- Mar -2011 344437 23- Feb -2011 344936 16- Mar -2011 344438 23- Feb -2011 344604 02- Mar -2011 345109 23- Mar -2011 344937 16- Mar -2011 345245 30- Mar -2011 344938 16- Mar -2011 344605 02- Mar -2011 344939 16- Mar -2011 345246 30- Mar -2011 344440 23- Feb -2011 345110 23- Mar -2011 Purpose REFUND REFUND SERVICES SERVICES GRANT GRANT MATERIALS GRANT GRANT CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE PETTY CASH PETTY CASH MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS ADVERTISING ADVERTISING ADVERTISING CONTRACT SERVICES SERVICES SERVICES GRANT GRANT Page 13 of 13 Amount 150.00 25.00 65.00 65.00 28,500.00 28,500.00 2,198.28 1,612.50 1,612.50 4,500.00 2,000.00 2,007.40 2,345.27 831.18 393.57 286.00 30, 721.53 63.94 759.44 19,078.23 5,297.84 25, 570.04 434.76 504.01 535.06 154.81 1,066.53 52.03 122.50 1,428.00 4,816.48 6,106.45 527.86 4,277.75 4,277.75 Total 40,214,573.28 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -16 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE F- 2011 -16 NiagaraJalls April 18, 2011 This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of March 31, 2011 were $17.8 million compared to 17.6 million in 2010. During March, tax receivables as a percentage of taxes billed decreased slightly from 22.8% in 2010 to 22.5% in 2011. The City's finance staff has had success in resolving 63% of properties that are subject to registration for 2011. There are currently twenty -seven properties scheduled for tax sale in the next two years. This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. Tax collection for 2011 Zags slightly behind the collection history for 2010. Table 1 shows that taxes outstanding at March 31, 2011 are $17.8 million. This represents a slight increase from $17.6 million in arrears for the same period in 2010. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the residential and commercial property classes are similar to what was owing a year ago. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2011, 390 properties were subject to registration. Table 3 summarizes the progress of these actions after three months of activity. This table shows 63.3% of the tax accounts or 247 properties have been paid in full or the owners have made suitable payment arrangements. During March, nine accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 55.1 % (February) to 63.3% (March). April 18, 2011 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of March, there was no change to the status of registered properties. The outstanding taxes for registered properties represents 4.2% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at March 31, 2011 is 22.5% which is a slight decrease from 2010's value of 22.8 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Respectfully submitted: A. Felicetti - 2 - F- 2011 -16 Taxes Receivable at March 31, 2011 Taxes Receivable by Property Class at March 31, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Hardison, Dird'ctor of Finance Ken Tddd, Chief Administrative Officer Taxes Receivable by Property Class as at March 31, 2011 Outstanding Taxes @ February 28, 2011 2011 Taxes Owing % of Class 2010 Taxes Owing % of Class Residential $ 23,480,949 40.79% $ 23,451,512 41.64% Multi- Residential $ 1,702,296 2.96% $ 1,525,251 2.71% Commercial $ 30,384,060 52.79% $ 29,276,429 51.98% Industrial $ 1,939,664 3.37% $ 2,014,814 3.58% Farmlands $ 54,494 0.09% $ 49,733 0.09% Total Receivables $ 57,561,464 100.00% $ 56,317,739 100.00% Total Taxes Receivable Owing at March 31, 2011 2011 2010 Outstanding Taxes @ February 28, 2011 $ 63,573,113 $ 62,122,466 Penalty charged in March $ 245,982 $ 243,958 Taxes Collected during March $ 6,257,631 $ 6,048,685 Outstanding Taxes @ March 31, 2011 $ 57,561,464 $ 56,317,739 Taxes Due April 29, 2011 $ 39,713,702 $ 38,671,415 Taxes Past Due $ 17,847,762 $ 17,646,324 TABLE 1 TABLE 2 TABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered Properties Subject to Registration as at February 28, 20`11 390 46 169 175 0 390 Properties Subject to Registration as at March 31, 2011 390 55 192 143 0 390 14.1% 49.2% 36.7% 0.0% 100.0% May 2011 November 2011 May 2012 Totals Number of Properties 0 16 11 27 $ 1,685,952 $ 714,763 $ 2,400,715 NiagaraFalls April 18, 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- 2010 -21 26CD -11- 2007 -06, Extension to Draft Plan Approval Draft Plan of Condominium (Conversion) 6911/6921 Barker Street (Northwest Corner of Dorchester Road) Applicant: Brian Sinclair & Karen DeGiorgio, 623381 Ontario Inc. (Karen DeGiorgio) and FKS The Real Estate People Inc. RECOMMENDATION 1. That Council grant an extension to draft plan approval for the Plan of Condominium on 6911/6921 Barker Street until May 23, 2012, subject to the Region's conditions of draft approval listed in Appendix B. 2. That Council determine by resolution that the changes outlined in this report and shown on the revised draft plan of subdivision are minor and do not require further public notice. EXECUTIVE SUMMARY The Plan of Condominium to convert the existing 12 unit rental apartment building to a condominium was draft approved by Council on May 23, 2008. Draft approval expires on May 23, 2011. The applicant has requested a one year extension to draft plan approval. The extension can be supported to allow the remaining conditions of approval to be fulfilled and to provide the applicant additional time to market the units. The Region has requested several conditions to be added to the conditions of draft plan approval regarding waste and recycling collection. BACKGROUND PD- 2011 -21 On May 23, 2008, Council approved a Draft Plan of Condominium for 6911/6921 Barker Street (see Schedule 1). The plan proposes the conversion of the existing 12 unit rental apartment building to a condominium. A portion of the property to the north (6019 Dorchester Road) would be added to the subject site as part of a new parking area. The plan layout is illustrated on Schedule 2. Draft approval for subdivision and condominium applications is typically given for three years. Approval lapses after three years unless an extension is granted by Council as permitted under the Planning Act. April 18, 2011 ANALYSIS The applicant has submitted a request for an extension to draft plan approval (see Appendix A). The extension has been requested as current market conditions are not conclusive to selling the proposed units at this time. City staff has no objections to the extension. The design of the plan and the conditions of draft approval that were imposed in 2008 still conform to City regulations. The conversion of rental units to condominium ownership is discouraged when the vacancy for rental accommodation is less than 3 %. Since the current vacancy rate in the City is 4.1% the conversion is acceptable. The conversion may provide an opportunity for affordable home ownership. The applicant has commenced fulfilling the conditions of approval including obtaining the necessary zoning and completing a consent to convey the rear portion of 6019 Dorchester Road to the subject property. The extension should allow ample time for the applicant to fulfill the remaining conditions of approval. It will also provide the applicant with an additional opportunity to market the units. The existing conditions of draft plan approval do not include conditions with respect to waste and recycling collection. The Region has requested additional conditions be applied to draft plan approval addressing the Region's waste collection requirements as noted in Appendix B. Staff is of the opinion that the additional conditions are minor and do not warrant the giving of formal written notice. Council will need to pass a motion to confirm this position. FINANCIAL IMPLICATIONS There are no municipal financial concerns with the proposal. CITY'S STRATEGIC PRIORITIES Approval of this application will satisfy Council's strategic priority of providing dwelling units of all types catering to a wide range of households. The development takes advantage of existing infrastructure capacities. LIST OF ATTACHMENTS ► Schedule 1 - Location Map • Schedule 2 - Draft Approved Plan of Vacant Land Condominium ► Appendix A - Letter from Brian Sinclair Professional Corporation ► Appendix B - Letter from Regional Municipality of Niagara Recommended by: Respectfully submitted: - 2 - PD- 2011 -21 Alex Herlovitch, ire for of Plannin Building & Development en Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR \2011 \PD - 2011 -21, 26CD -11- 2007 -06, 6911 -6921 Barker St, Brian Sinclair -Karen DeGeorio.wpd April 18, 2011 -3- PD-2011-21 SCHEDULE 1 Proposed Plan of Condominium 6911/6921 Barker Street 26CD-11-2007-06 1 I j 1 I 1 1 1 t W16,11 LAt4E i 1 t 1 1 1 1 , , 1 I 1 ...--- i 1 1 1 I 1 1 I 1 1 I I I 1 I ' i 1 1 1 1 PN/ E ST I , t 1 ' . t I i SPEr4CE ST 1 I , 1 1 1 r t t § r t t i r i 1 1 t 1 - - 4 - - 1 - . ,-- 1 : I , ■ 1 1 I I r 1, 1 1 'T ; I I i - - r - - T -I 7 , - - I It 1 1 ; t 1 1 I t I 1 1 1 I 1 i 1 1 1 I I 11 A i 1 1 I 1 1 1 1 t 1 1 1 BARKER ST I 1 i I 1 1 t 1 I 1 1 1 1 1 1 1 1 t 1 i I 1 \ t I , 1 1 ; 1 I 1 ' ~ - • - l " i i i 1 I 1 I 1 1 1 1 1 1 1 1 1 1 Subject Land Location Map s 1:NTS April 18, 2011 - 4 - SCHEDULE 2 PD-2011-21 April 18, 2011 - 5 - PD- 2011 -21 Main Office 6617 Drummond Road Niagara Fails, Ontario L2G 4N4 Telephone 905 - 356 -7755 Facsimile 905 -356 -7772 February 15, 2011 Mr. Andrew Bryce, Planner 2 Planning, Building & Development Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario 1.2E 6X5 Dear Sir: Re: Notice of Draft Approval Draft Plan Condominium (Conversion) 6911 and 6921 Barker Street City File: 26CD -11- 2007 -06 Owner: Brian Sinclair & Karen DeGiorgio 623381 Ontario Inc. (Karen DeGiorgio) and FKS, The Real Estate People Inc. Thank you for your letter of February 10` herein. Yours faithfully Sinclair, Q.C. - BNS /ab Enclosures APPENDIX A may` P wn� 1 s cu,nc u; � n BRIAN swum PI cowman BBUN N. SNIBLAIB, 111.0. Barrister & Solicitor sincir @on.aibn.com BRIAN SINCLAIR PROFESSIONAL CORPORATION Real Estate Division 5827 Main Street Niagara Falls. Ontaro L2G 5Z3 Telephone: 905 -354 -0523 Facsimile 905- 354 -2576 Since the economy is not condusive to selling these particular units at this time, we would request a further extension for three years and enclose herewith cheques of FKS, The Real Estate People Inc. and 623381 Ontario Inc. in the amount of $875.00 payable to the City and in the amount of $500.00 payable to the Region to cover the requisite fees with respect to the extension. RECE 1 FEB 2z6,1 PLANNI\+ lrL F April 18, 2011 - 6 - APPENDIX B PD- 2011 -21 Niagara WM Region March 28, 2011 File: D 11 04 CD -00106 Mr Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr Bryce: Re: Extension of Draft Plan Approval Draft Plan of Condominium (Conversion) 6911 and 6921 Barker Street, File No. 26CD- 11- 2007 -06 City of Niagara Falls PUBLIC WORKS DEPARTMENT Development Services Division 2201 St David's Road, P O Box 1042 Thorold, ON L2V 417 tel: 905-685-4225 rol l - f ree:1 800 - 263 - 7215 Fax: 905 -687 -8056 www niagararegion ca Regional Development Services staff has reviewed the request for Extension of Draft Plan Approval for the above noted draft plan of condominium which is currently set to lapse on May 23. 2011 Regional staff offer the following Provincial and Regional comments to assist the City in considering the proposed extension The plan was originally draft approved in 2008 to convert the existing 12 -unit rental apartment building into a condominium Based on the information provided by the proponent a three year extension is being requested in anticipation of market condition improvements There are no changes to the plan or conditions of draft approval proposed The plan continues to meet the intent of Provincial and Regional policy, that encourage the efficient use of urban land, infrastructure and public services facilities and provide for an appropriate range of housing types and densities to meet the needs of current and future residents, including affordable housing Policy 5 37 of the Regional Policy Plan provides that Regional Council will not support the conversion of rental accommodation to condominium ownership where, in its opinion, the proposal will adversely affect the supply of affordable rental housing A vacancy rate of three percent is considered desirable The Fall 2010 Canadian Mortgage and Housing Corporation (CMHC) Rental Market Report for St. Catharines — Niagara CMA indicates that the private apartment vacancy rate for Niagara Falls is 4 1% Building Community Building lives RECEIVED i MAR 2 8 2011 PLANNING r;F-'tr, April 18, 2011 - 7 - PD- 2011 -21 As stated in our previous comments while the conversion of the dwelling units may reduce the supply of affordable rental housing to meet long term housing needs the conversion may provide affordable homeownership in line with the Region's policy direction for affordable housing In addition, the Residential Tenancies Act, 2006 provides for security of tenure for existing tenants by giving the tenant the first right of refusal to purchase the condominium unit Regional Development Services Technical staff has reviewed the request for draft plan extension and do not object to the extension. The existing conditions of draft approval do not include a condition with respect to waste and recycling collection and therefore conditions addressing the Region's waste collection requirements are requested as provided in Appendix 1 Regional staff has no objections to an extension of draft approval subject to the requested revision to the draft conditions; however, the extension is requested for three years It is the Region's practice to only consider one -year extensions to draft plan approval This allows for regular review of the proposal in light of the most recent policies and/or infrastructure considerations and to modify and /or update conditions of approval if necessary Therefore, Regional Development Services staff has no objections to a one - year extension of draft approval provided that the existing conditions of draft approval are revised as outlined in Appendix 1 If you have any questions or wish to discuss these comments, please contact me at extension 3430, or Marilyn Radman, Manager of Planning, at extension 3386 Please send notice of the City's decision with regard to this application Sincerely, eresa Gray Planner CIP, RPP 2 L. \ Gray-Teresa\NIAGARA FALLSICONDO■6911,6921 Barker Street'2011 extension comments doc April 18, 2011 -8- PD- 2011 -21 3 Required Changes to Conditions of Draft Approval 1 That the following conditions are added to the conditions of draft approval: (a) That the following clause shall be included in the condominium agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit to survive closing: "If private waste collection is not being provided for this development, then it is required that the property management company has someone set out the waste at street side (note that at this location they must be behind the sidewalk to prevent sight line problems with the access) " (b) That if private waste collection is to be provided the following warning clause shall be included in the condominium agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit to survive closing: "Purchasers/ Tenants are advised that due to the site layout, garbage pick -up for the development will be provided by the condominium corporation through a private contractor and not the Region " (c) That the following clause shall be included in the condominium agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit to survive closing: "Developments unable to provide the necessary internal recycling pickup area will require that the property management company has someone set out the recycling bins /carts at street side (note that at this location they must be behind the sidewalk to prevent sight line problems with the access) " Niagarapalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2011 -22 April, 18, 2011 SUBJECT: PD- 2011 -22 DB- 2011 -002, Request for Deeming By -law Lots 6 and 11, Block "0" Plans 999 and 1000 Owner: 2243806 Ontario Inc. (Keefer Developments Ltd.) 4410 -14 Queen Street and 4409 Huron Street That Council pass the by -law appearing on tonight's agenda to deem Lots 6 and 11, Block "0", Plans 999 and 1000 to no longer be within the registered plans of subdivision. The passing and registration of a "deeming by -law" under the Planning Act for Lots 6 and 11, Block "0", Plans 999 and 1000 will allow the lands to merge together with Part of Lot 5, which adjoins them, to become one parcel. This will enable the lands to be treated as one parcel for zoning and Building Code purposes. The subject lands are zoned appropriately for the use. The necessary by -law is included in tonight's agenda. The subject lands are known as 4410 -14 Queen Street (Lot 6 and Part of Lot 5) and 4409 Huron Street (Lot 11). Refer to Schedule 1 for the location of the lands. The lands known as 4410 -14 Queen Street are occupied by a commercial /residential building with a small part of the building extending onto Part of Lot 5 to the west. The lands known as 4409 Huron Street are occupied by part of the building and a parking area. The lands are zoned Central Business Commercial (CB & CB -73) by By -law No. 79 -200. The building thereon is currently being renovated to provide a commercial unit on the ground floor facing Queen Street and 31 residential apartment units on all three floors. A portion of the building is exempt from providing parking spaces and a minor variance (File: A- 2011 -02) was obtained to provide that 10 spaces be required to serve the balance of the building. Because the parking area is located on the property at 4409 Huron Street it is technically considered to be "off- site ". Further, the building is proposed to be maintained over the common lot lines. If Lots 6 and 11 are deemed no longer to be within the registered plan of subdivision they will be able to be merged with Part of Lot 5 and be treated as one large parcel for zoning purposes. Refer to Schedule 2 for details of the building and parking arrangement. April 18, 2011 - 2 - PD- 2011 -22 The applicant has requested that the City pass a "deeming by -law" for Lots 6 and 11, Block "0", Plans 999 and 1000 for 4410 -14 Queen Street and 4409 Huron Street. A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of the applicant's requested by -law would merge the subject properties together in the same ownership name and allow them to be developed as one lot with a common parking area. CITY'S STRATEGIC PRIORITIES The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Respectfully submitted: KMech:bm Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -22 Deeming By -law, 2243806 Ontario Inc.4410 -12 QueenSt, 4409 Huron St.wpd April 18, 2011 - 3 - PD- 2011 -22 Deeming By-law 4410 -4414 Queen Street and 4409 Huron Street 2243806 Ontario Inc. (Keefer Developments Ltd.) ._L QUEEN ST HURON ST Schedule 1 Location Map N S 1:1500 April 18, 2011 LOT ._ll! Q U E E N S T R E E T AI Psi ti ( WAS.. 110 - 14.43 NN Mr A(742:00 Cu, oat 1 6x5 Ma. 4410 - 4414 3 Awry MCI( &111143 022 owl • m ascl( 1>.4ma OCKa..._ ( /lid 1 spray 5)11420 osparaIf 859 ..94. —,( •� • A 7171 2 guy • 1i- 909 a. SCHEDULE 2 RPM •N ( 2 x041120 4010 *25 Mb ) • H U R O N • S T R E E T Rest - 4 - SKETCH FOR CONSENT APPLICATK)N LOTS 6, 11 AND PART OF LOT 5 BLOCK '0' PLAN 999 AND 1000 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA 8641 1 : 308 OUEEN STREET SUBJECT LANDS HURON STREET C7 11 KIRKUP et URE SURVEYING LTD. 07400 f0 1N1D SURVEYORS 1 LOT COVERAGE TABLE 90A (35i114) w..r952 00 81.30239 ammeyl 56.05 BIG 0961500 11 7901150 346.94 29.2 U'LBGW019 19.77 11.4 Sat /169 1.511.94 100 ORS PM. IS MEPARE° FOR CONSENT TPWCARON ONLY MO 18 NOT A BE OSEO FOR MORTOACE OR FRO49.11001 14140 KIRKUP at URE SURVEYING LTD. 01011160 LARD SURVEYORS 91 [mem 236411. 111. 99119.11911. 0990010 121Y396 110019904E (905) 955-9131. ENf RIM 96 c -WL 23194.2055051997 5 KEY PLAN nor 10SV1.4 _JVAAirf 17. 2011 048. OCTOBER 10. 2010 20 419 PD- 2011 -22 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building and Development PD- 2011 -23 April 18, 2011 SUBJECT: PD- 2011 -23 26T -11- 2005 -01, Draft Plan of Subdivision Part of Lots 19, 20, and 21 Concession 3, Willoughby Township City of Niagara Falls Owner: Queensway Chippawa Properties Inc. c/o Metrus Development Inc. Agent: KLM Planning Partners Inc. Proposal: Modification to Existing Draft Approved Plan of Subdivision RECOMMENDATION 1. That Council approve the modifications to the existing draft approved plan of subdivision as shown on the revised draft plan of subdivision prepared by KLM Planning Partners Inc., dated March 16, 2011 and detailed in this report. 2. That the Mayor or designate be authorized to sign the revised draft plan as "approved ". 3. That Council determine by resolution that the changes outlined in this report and shown on the revised draft plan of subdivision are minor and do not require further public notice. EXECUTIVE SUMMARY The applicant proposes to change the layout of several lots within the existing draft approved plan of subdivision by increasing the frontages of several lots and blocks. The changes would result in a Toss of 12 units from the 610 total units at the time of draft approval, leaving a new total of 598 units for the subdivision. To facilitate this revision, condition 1 of the conditions of draft approval will be changed to reflect the revised plan. No concerns have been raised by any internal departments and Planning staff support the requested changes to the draft plan. BACKGROUND Draft approval for the subdivision was given by the Ontario Municipal Board (OMB) on October 26, 2006. The subdivision is 43.3 hectares (107 acres) in area and on the date of draft approval consisted of 244 lots for single detached dwellings, 86 Tots for semi - detached dwellings (172 units), 25 blocks for on- street townhouse dwellings (124 units), and on block for a future condominium (70 units). April 18, 2011 - 2 - PD- 2011 -23 The lands to the north are residential uses (single detached dwellings) and Lyon's Creek. To the east are several agricultural parcels, limited residential uses (single detached dwellings) and a City owned recreation centre. To the west and south are several residential lots (single detached dwellings), agricultural land, and a wooded area. ANALYSIS Subdivision Design The developer has requested a redesign of the draft approved plan by increasing the lot frontage of 2 Tots for single detached dwellings and 10 lots for semi detached dwellings.. This will result in a loss of 1 lot for a single detached dwelling. In addition, 2 blocks for on- street townhouses will be given increased lot frontage resulting in a loss of 11 townhouse units. The proposed changes are minor adjustments to the draft approved plan. There is no change to any of the road patterns or the boundaries of the subdivision. The proposed changes result in a loss of 12 units. This has no effect the overall density of the subdivision is negligible. In addition, it also eases servicing capacity for the first phase of the subdivision. Planning staff considers the proposed changes to meet Provincial policies and within the intent of the Official Plan. In addition, all the proposed changes comply with the zoning provisions of the applicable zones. Conditions of Approval To allow the changes to the draft approved plan, condition 1 will have to be modified to the following: Approval applies to the Chippawa West Phase 11 Draft Plan of Subdivision prepared by KLM Planning Partners Inc., dated March 16, 2011 showing 243 lots for single - detached dwelling, 86 lots for semi - detached dwellings, 23 blocks for on- street townhouses, Block 356 for townhouses, Blocks 257 & 358 for valley land /floodplain, Block 359 for stormwater management, Block 360 for parkland, Block 363 for future development, Block 368 for emergency access, Blocks 366 & 367 for walkways and Blocks 361, 362, 364 & 365 for open space features. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval. All other conditions remain unchanged. Planning staff considers the proposed changes to be minor. In this instance, Council may forego providing notice of Council's decision if it considers the changes to be minor, as per subsection 51(47) of the Planning Act. Recommendation 3 of this report would meet the requirements of the Planning Act in this regard. FINANCIAL The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC PRIORITIES The proposal provides for development as envisioned by the City's Official Plan. The proposed changes to the draft approved plan of subdivision adds to the choice of housing options available in the City. April 18, 2011 LIST OF ATTACHMENTS - 3 - PD- 2011 -23 Appendix 1 - Conditions of Draft Plan of Subdivision Approval Schedule 1 - Location Map Schedule 2 - Draft Plan of Subdivision Recommended by: Respectfully submitted: D.Deluce:mb Attach. S: \PDR\2011 \PD- 2011 -23, Chippawa West Phase 2 - Redline Revisions.wpd Alex Herlovitch, Director of Planning, Building & Development Kdn Todd, Chief Administrative Officer April 18, 2011 -4 APPENDIX 1 Conditions of Draft Plan of Condominium Approval PD- 2011 -23 1. Approval applies to the Chippawa West Phase II Draft Plan of Subdivision prepared by KLM Planning Partners Inc., dated March 16, 2011 showing 243 Tots for single - detached dwelling, 86 lots for semi - detached dwellings, 23 blocks for on- street townhouses, Block 356 for townhouses, Blocks 257 & 358 for valley land /floodplain, Block 359 for stormwater management, Block 360 for parkland, Block 363 for future development, Block 368 for emergency access, Blocks 366 & 367 for walkways and Blocks 361, 362, 364 & 365 for open space features. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval.. 2. Upon notice of draft aprpoval for this consolidated subdivision plan for the overall property the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision for 26T -94009 Revised. 3. The developer enter into Subdivision Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Condominium Subdivision Agreement, they may be required to become party to the Condominium Subdivision Agreement for the purpose of enforcing such conditions. 4. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the Subdivision Agreement. 5. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of 9.15 metre wide pavement on Street "1" and Street "2" and 8.0 metre wide pavement on the remaining roadways; b) dedication of appropriate daylighting triangles at all intersections; c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; d) dedication of a 3.05 metre (10 foot) road widening to the City along the north side of abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 6. The developer shall construct all roadways in accordance to City standards, to the satisfaction of the Municipal Works Department. 7 The City will examine the feasibility of the reduced roadway right -of -way widths on Street "1 ", Street "2 ", Street "8" and Street "3" (from Street "1" to the south) in the plan and any reduction of the right -of -ways within the final plan for registration shall be to the satisfaction of the City. 8. The registration of the plan shall proceed in phases to the satisfaction of the City and Region depending on servicing capacity, with the first phase containing a April 18, 2011 - 5 - PD- 2011 -23 maximum of 129 units representing the estimated available capacity at this time. The completion of ongoing studies and necessary capital works projects, as well as other construction in Chippawa, may alter this estimated servicing capacity. 9. The developer dedicate 0.3 metre (1 foot) reserves to the City at the terminus of all roadways that are to be continued in the future phases of this staged subdivision. 10. The developer conduct a traffic impact study for the subdivision in accordance with the City's Guidelines for the Preparation of Transportation Impact Studies and Site Plan Review. The developer's traffic consultant should contact Traffic & Parking Services prior to commencement of the study to identify issues and the study area. 11. The developer submit a traffic calming plan for the roadways for the review and approval of Traffic & Parking Services. 12. The developer dedicate Block 368 to the City as an emergency access for this development and Lyon's Parkway. This access shall be required at least until there is a street connection to Willick Road. If it is determined that Block 368 is no longer required in the future for access or intersection alterations, this land shall be returned to the developer. 13. The developer dedicate Block 359 to the City for stormwater management purposes. 14. The developer submit servicing plans and the design details for the emergency access (Block 368) to Fire Services for review and comment. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 20. The developer dedicate Block 360 (park) and Block 367 (walkway to the City as the parkland requirement for the plan and also Blocks 364 & 365 (open space entry features) and Block 366 (walkway /storm outlet). 21. The developer dedicate Blocks 357 & 358 (valley land) to the City and construct a recreational trail within these lands. Parkland credit shall be granted for this trail. April 18, 2011 - 6 - PD- 2011 -23 22. The developer provide 1.8 metre (6 foot) high chain -link fencing in the subdivision as follows: Lot 1 - west side; Lots 63 to 79 (inclusive) - west side; Blocks 366 & 367 - northerly and southerly sides; Block 359 - perimeter (the extent of fencing may be reduced depending on the stormwater area design and potential access to the abutting park block); the Block 360 - north side; Block 200 - east side; Lots 229 & 230 - north side; Block 357 - southwesterly and northeasterly sides; Block 358 - west side (except for frontage on Street "8 "); Block 363 - west side; Blocks 364 & 365 - west side; Block 368 - northerly and southerly sides.. 23. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation & Culture illustrating the streetscape treatment of the Sodom Road and Willick Road entrances and roadway boulevards. 24. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park and stormwater management area. 25. The developer dedicate Blocks 361 & 362 to the City to be added to the abutting historic cemetery on Willick Road to provide a treed buffer (the existing fence shall remain). 26. Any excavation of Street "2" and lots abutting Blocks 361 & 362 shall be undertaken in accordance with good archeological practices and excavation directly adjacent to the cemetery boundary shall be done using hand tools. 27. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 28. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 29. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 30. The detailed design drawings with calculations for the watermain, sanitary sewer and stormwater drainage systems, including the necessary external improvements required to service this proposal, be submitted by the developer to the Regional Public Works Department for review and approval. 31. The Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for this development prior to final approval for registration. Note: As a new stormwater outlet(s) and detention /retention facility are proposed, the design for the stormwater management system should be submitted directly to the Ministry of the Environment (Toronto) for approval and issuance of a Certificate of Approval. 32. Prior to final approval of the plan for registration, the developer shall submit to the Regional Public Works Department for review and approval a Traffic Impact Study to evaluate the necessary geometric improvements for the Regional Road 116 (Sodom Road) - Street "1" intersection and for the adjacent sections of Regional Road 116. Furthermore, the developer agree in the subdivision agreement with the City to implement the recommendations of the approved Traffic Impact Study. April 18, 2011 - 7 - PD- 2011 -23 33. The developer provide 7.5 metre x 5 metre daylighting triangles at the Regional Road 116 (Sodom Road) - Street "1" intersection to be deeded to the Regional Municipality of Niagara free and clear of any mortgages, liens and encumbrances. 34. The geometric design for the intersection of Street "1" with Regional Road 116 (Sodom Road) be submitted to the Regional Public Works Department for review and approval prior to final approval of the subdivision for registration. 35. The developer agree in the subdivision agreement with the City to obtain Regional Construction Encroachment and /or Entrance Permits from the Regional Public Works Department (Permits Section of the Operational Support Services Division) before any construction takes place within the Regional road allowance. 36. The developer agree in the subdivision agreement with the City to provide to the Regional Public Works Department upon completion of development a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place. 37. The developer agree in the subdivision agreement with the City to engage the Regional tree crew to remove any trees within the Regional road allowances and to pay for the planting of two trees for each tree removed from the road allowance to accommodate development. 38. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 39. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. 40. Prior to approval of the final plan or any on -site grading, the developer submit for the review and approval of the Regional Planning and Development Department, a detailed stormwater management plan for the subdivision completed in accordance with the Ministry of the Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991, as amended, endorsed by a suitably qualified professional engineer. A copy of the Stormwater Management Plan and supporting documentation should also be submitted to the Niagara Peninsula Conservation Authority for its review and response to the Regional Planning and Development Department. Furthermore, that the developer agree in the subdivision agreement to implement the approved stormwater management plan. 41. The developer carry out an archaeological assessment of the subject lands and mitigate any adverse impacts to any significant archaeological resources found through preservation or resource removal and documentation. Furthermore, that no grading or other soil disturbances take place on the subject lands prior to the April 18, 2011 - 8 - PD- 2011 -23 Regional Planning and Development Department and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: The developer should confirm to the Regional Planning and Development Department the extent of the archaeological assessment that was previously approved for the original subdivision plan (File 26T- 94009). 42. Prior to final approval for registration, the developer provide evidence in the form of historical research and a ground survey that the pioneer cemetery located on Willick Road does not encroach into the subdivision. 43. The developer agree in the subdivision agreement to submit a tree saving plan to the City for review and approval and forward a copy to the Regional Planning and Development Department. In addition, the developer agree in the subdivision agreement to implement the recommendations of the approved tree saving plan. 44. Blocks 357 and 358 be placed in a "Hazard Land" zone category (or equivalent) to prohibit development, save and any passive recreational trail use that the City of Niagara Falls may required or propose. 45. The developer prepare detailed sedimentation and erosion control plans for review and approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the Hunter Drain or Lyons Creek. 46. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 47. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOE Stormwater Management Practices, Planning and Design Manual, June 1994. 48. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 49. The developer agree in the executed Subdivision Agreement to implement conditions 44 to 48. 50. The developer agree in the executed Subdivision Agreement to: a) Install a 1.5 metre (or other standard approved by the City) fence along the rear of Lots 115 -123 inclusive; the rear lot line of Block 356 (adjacent the Hunter Drain Valley); the rear of Lots 338 -355 inclusive and the south limit of Lot 355; the north limit of Lot 27; the rear of Lots 27 -34 inclusive; the east limit of Lot 26; and the rear (west) of Block 363. April 18, 2011 b) Re- vegetate all disturbed areas adjacent Blocks 357 -358 immediately upon completion of construction works. c) Obtain any required permits from the NPCA/MNR /DFO for the proposed road crossing over Hunters Drain, and any storm outfall construction to Lyons Creek. Clearance of Conditions - 9 - PD- 2011 -23 Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 17 _ _ Canada Post for Conditions 18 and 19_ Regional Niagara Public Works Department for Conditions_30, 31, 32, 33, 34, 35, 36 and 37 _ Ministry of the Environment for Condition 31 Regional Niagara Planning and Development Department for Conditions 38, 39, 40, 41,42 and 43 Niagara Peninsula Conservation Authority for Conditions 44, 45, 46, 47, 48, 49 and 50 April 18, 2011 - 10 - SCHEDULE 1 PD-2011-23 Chippawa West Phase 2 Draft Approved Plan of Subdivision Part of lot 19, 20 and 21, Concession 3; Part of Road Allowance Between Lots 21 and 21, Concession 3; Geographic Township of Willoughby Location Map March 2011 April 18, 2011 SCHEDULE 2 - 11 - PD- 2011 -23 PUBLIC HEALTH DR. ROBIN WILLIAMS Medical Officer of Health El Main Office 2201St. David's Rd. Campbell East Thorold, ON Phone: 905 - 688 -3762 1- 800 - 263 -7248 Fax: 905 - 682 -3901 Mailing Address: P.O. Box 1052, Station Main Thorold, ON L2V 0A2 Branch Offices D Niagara Falls 5710 Kitchener Street Niagara Falls, ON L2G 101 Phone: 905 - 356 -1538 Fax: 905 - 356 -7377 Sexual Health Centre Phone: 905 - 358 -3636 Fax: 905-358-2717 ❑ Welland 200 Division Street Welland, ON L3B 4A2 Phone: 905 - 735 -5697 Fax: 905 - 735 -4895 ❑ Sexual Health Centre Phone: 905 - 734 -1014 Fax: 905-734-1770 E Fort Erie 43 Hagey Avenue Fort Erie, ON L2A 1W4 Phone: 905-871-6513 Fax: 905-871-3020 ❑ Sexual Health Centre Phone: (905) 871 -5320 Fax: (905) 871 -3333 D St. Catharines Sexual Health Centre 277 Welland Avenue St. Catharines, ON L2R 2P7 Phone: 905 - 688 -3817 1- 800 - 263 -5757 Fax: 905 - 688 -6063 n Emergency Services Division 509 Glendale Avenue East SS 4 Niagara on the Lake, ON LOS 1J0 Phone: 905 - 641 -2218 Fax: 905 - 688 -5079 D Community Mental Health 3550 Schmon Parkway Unit 2, Second Floor PO Box 1042 Thorold, ON L2V 4T7 Phone: 905 - 688 -2854 Fax: 905-684-9798 An Accredited Public Health Department www.niagararegion.ca Alex Herlovitch City of Niagara Falls Director of Planning and Development P.O. Box 1023, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Yours truly, SSD /tb Re: Proposed Group Home 5823 Temperance Street Niagara Falls, Ontario City File: AM- 2009 -012 Building Community. Building Lives. Sam DiMeo, C.P.H.I. (C) FOR: Robin C. Williams, M.D., DPH, FRCP(C) Medical Officer of Health If I can be of further assistance please feel free to contact me. Renovations are ongoing and a final inspection by Niagara Region Public Health will be required prior to the group home being put into operation. April 14, 2011 This correspondence will confirm that this office has reviewed the Notice of Intent to remove a holding symbol for the above mentioned property. An inspection of this proposed group home was conducted on April 13, 2011 with Mr. Alex Kagramanov. It is our understanding removal of holding (H) symbol will permit the occupancy of the proposed group home to increase to 17 persons. This office has no objection with the operation of a group home with occupancy of 17 persons at the above mentioned property. APR 7 4 2011 PLANNING & DEVELOPMENT Niagarapalls April 18, 2011 CaYADi 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 -24 AM- 2009 -012, Zoning By -law Amendment Application 5823 Temperance Avenue Applicant: Ben Yosef 2008 Inc. Removal of a Holding (H) Symbol RECOMMENDATION That Council pass the by -law appearing on tonight's agenda to lift the holding (H) symbol from the subject land zoned General Commercial (GC -910). EXECUTIVE SUMMARY • The applicant has demonstrated that the building can be modified for additional occupancy and has satisfied Building and Fire Services. Analysis PD- 2011 -24 Lifting of the (H) symbol is necessary to issue the appropriate Building Permit. BACKGROUND In 2010, Council passed By -law No. 2010 -91 to permit the conversion of the existing building into a group home having 10 living units on the upper level of the building with 7 units in the lower level. The lower level required changes to conform to codes for occupancy. Therefore, the By -law contains a H - Holding provision to preclude occupancy of the lower level until the Building Code and Fire matters had been addressed. The applicant has submitted the necessary drawings, plans and statements to satisfy the Building and Fire concerns with respect to the construction of the 7 lower level living units. In order to obtain the applicable Building Permit it is necessary to lift the H symbol from the lands. Only after the work and the inspections, with respect to the Building Permit and by Regional Public Health, have been satisfactorily completed can occupancy of the lower level occur. FINANCIAL IMPLICATIONS There are no financial impacts with the lifting of the "H" symbol. April 18, 2011 - 2 - PD- 2011 -24 CITY'S STRATEGIC PRIORITIES Removal of the H symbol will allow the group home, as permitted by the Official Plan. LIST OF ATTACHMENTS ► Schedule 1 - Location Map Recommended by: Respectfully submitted: A.Bryce:mb Attach. S: \PDR \2011 \PD - 2011 -24, 5823 Temperance Ave, Ben Yosef 2008 Inc..wpd Alex Herlovitch, Director of Planning, Building & Development K n Todd, Chief Administrative Officer April 18, 2011 Subject Land Location: 5823 Temperance Street Applicant: Ben Yosef 2008 Inc. -3- SCHEDULE 1 L ©CATION MAP Amending the Zoning By -law No. 79 -200 PD- 2011 -24 AM -2009 -012 .July 2009 NiagaraJalls April 18, 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 -26 CB &FIG 2011 -001, Commercial Building & Facade Improvement Grant Application Ms. Candice Legacy 4660 Queen Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4660 Queen Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: BACKGROUND PD- 2011 -26 the proposed facade work complies with the City's grant program; the funding will assist in improving the appearance the Downtown building; and the funds are available in the Special Purpose Reserve of the Downtown CIP. The subject property is located within the Downtown CIP Project Area. The main floor of the building has recently become the new home of the Downtown BIA office. The second floor has been used in the pastfortwo apartment units and these units are being upgraded before being re- occupied. The application before Council is to request funds for improvements to the front facade. The extent of work includes three new exterior windows for the upper floor, three goose neck lights, stucco finish for the exterior of the main floor with new crown moulding and capping on the top of the building. The upper floor exterior consists of red brick which is in good condition and will remain. The facade improvement costs are estimated to be approximately $13,000. The owner will be eligible to receive a grant of about $6,500 and the Region will contribute one half of the facade improvement grant of about $3,250. April 18, 2011 - 2 - PD- 2011 -26 The owner will be required to enter into an agreement with the City for the funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS The funding cost for the facade improvement will be taken from the Downtown Special Purpose Reserve. CITY'S STRATEGIC PRIORITIES The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. ► Appendix 2 - Sketch showing the proposed facade of the building. Recommended by: Respectfully submitted: Bbolibruck Attach. S: \PDR \2011 \PD - 2011 -26, Facade Improvement C.Legacy 4660 Queen Street.wpd Alex Herlovitch, Director of Planning, Building & Development en Todd, Chief Administrative Officer April 18, 2011 - 3 - APPENDIX 1 PD-2011-26 April 18, 2011 - 4 - APPENDIX 2 PD- 2011 -26 Niagarajays REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the Committee approve the following recommendation of the Municipal Heritage Committee regarding the replacement of the roof of the Old St. John's Church: "That the roof of the OId St. John's Church be replaced with cedar shakes in accordance with the installation specifications including the mesh underlay to allow for air circulation." EXECUTIVE SUMMARY BACKGROUND Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario Planning, Building & Development PD- 2011 -27 OId St. John's Church - Roof Replacement 3394 -3428 Portage Road PD- 2011 -27 April 18, 2011 On March 29, 2011, the Municipal Heritage Committee met in a special meeting to consider the roof replacement material for the Old St. John's Church located at 3394 -3428 Portage Road. This meeting was the culmination of lengthy discussions with the Old St. John's Stamford Heritage Association regarding the material with which the roof was to be replaced. Consensus was reached with the Old St. John's Stamford Heritage Association and at the March 29, 2011 meeting the Municipal Heritage Committee passed the following motion: "That the roof of the Old St. John's Church be replaced with cedar shakes in accordance with the installation specifications including the mesh underlay to allow for air circulation." Old St. John's Church, located on the east side of Portage Road, just north of O'Neill Street was constructed in 1825, the first Anglican Church in Stamford. Since 1989 the church has been used as a columbarium. It is designated under the Ontario Heritage Act (By -law No. 78 -24) and as such, any restoration /renovation work that may affect the heritage attributes of the property require consultation with the Municipal Heritage Committee and Council approval. Last year, the Old St. John's Stamford Heritage Association approached the Municipal Heritage Committee with a request to consider a metal roof as a replacement material for the roof. The roof material is currently cedar shakes, which were installed in the late 1970's. The metal roof was being requested by the Old St. John's Stamford Heritage April 18, 2011 Association due to its greater life span. However, questions arose in the discussions as to whether a metal roof was an appropriate replacement material as there is no definitive documentation of a metal roof ever existing on the church. As the church currently has cedar shakes and the accepted approach is to replace like materials with like materials, the Municipal Heritage Committee was of the opinion that cedar shakes should be used. Consensus was reached between the Municipal Heritage Committee and the Old St. John's Stamford Heritage Association on the use of cedar shakes when research undertaken by a Municipal Heritage Committee member revealed that if the cedar shakes were installed in accordance with industry standards, including a breathable membrane to ensure proper circulation, the shakes should have a life span similar to a metal roofing material. FINANCIAL IMPLICATIONS The Old St. John's Stamford Heritage Association may be applying for a Designated Property Grant (maximum allowable for a single grant - $3,000.00). CITY'S STRATEGIC PRIORITIES Sensitive restoration of designated properties contributes to a well - planned city and to its economic vitality. LIST OF ATTACHMENTS ► None. Recommended by: Respectfully submitted: J.Barnsley:gd S: \PDR\2011 \PD- 2011 -27, Old St John's Roof Replacement.wpd - 2 - PD- 2011 -27 Alex Herlovitch, Director of Planning, Building & Development I n Todd, Chief Administrative Officer NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2011 -22 Transit Smart Card Fare Media Results RECOMMENDATION 1. That the Request for Proposals for the supply of transit smart card fare media be awarded to American Bank Note. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY BACKGROUND TS- 2011 -22 April 18, 2011 With the recent introduction of new fareboxes, which have the ability to read and write to computer chip embedded `smart cards', Transit now has the ability to capture information from customers boarding our buses. The small chip embedded within the actual plastic card can be programmed by Transit staff to indicate many variables, such as; the monetary value on the card, the number of available trips to the customer, the number of days of use remaining, as well as the card type ie Adult, Senior, Student customer. In addition to reading the information from the card as the customer taps the farebox upon boarding, the farebox records where and when the transaction took place. To fully capture all the merits of this new technology, Transit staff are introducing smart cards for the summer Falls Shuttle service, which will then lead to a broader implementation across the entire municipal service. A Request for Proposals for the supply of these cards recently closed with four bidders supplying pricing for the cards and small cardboard promotional tags, which assist vendors with marketing the media with attractive point of sale graphics. The Fare Logistics fareboxes were introduced in December 2010 with the ability to capture and communicate to computer chip embedded smart cards via a reader. To accept a customer fare, the individual simply touches their card to the pad and the information on the card is read by the farebox, which then communicates with the card to update the remaining value on the card or new number of trips remaining. April 18, 2011 2 TS- 2011 -22 This communication which occurs between farebox and the card is made possible by the computer chip embedded within the card. Although these cards are more expensive than the paper media they are replacing, they offer the following advantages, which outweigh the additional cost: they provide tremendous information to staff to further enhance the marketing and provision of service; they may be reloaded an unlimited number of times, including on the bus; if lost or stolen they can be `black listed' so no one else can utilize the card and a new card issued to the owner; they allow for the introduction of unique marketing initiatives and loyalty programs and are easily updated when new fares or special service dates are offered. The additional cost of the card will be addressed through the increased price of the Falls Shuttle Day Pass. The price increase, which was recently approved, has accounted for the cost to procure the cards. The Request for Proposals included the following bidders and corresponding costs; Bidder Card Price Tag Price Total Price 1. American Bank Note $.56 $.08 $.64 2. Bright Card $.695 $.077 $.772 3. CPI Card Group $.97 $.05 $1.02 4. Laitian Holdings $.58 $.60 $1.18 Thus, due to their ability to meet the required Transit specifications, coupled with the lowest combined bid, Transit staff recommend American Bank Note be awarded the contract to supply 63,000 cards for sale on the Falls Shuttle, as well as the municipal service. Of interest, if these cards are not entirely sold by summer's end, Transit staff may simply reprogram the cards to be sold as another fare category, such as monthly passes. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There are no staffing or legal implications associated with the introduction of the smart cards as provided by American Bank Note. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include; the provision of Convenient, Accessible, and Sustainable Transportation; enhancing Economic Vitality; and ensuring our residents enjoy a Healthy and Safe Community. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Dave Stuart S: \General Administration \GA 1.01 Reports \2011 Council \04 Apr 18 \TS- 2011 -22 Transit Smart Card Fare Media.wpd CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to designate Lots 6 and 11, Block "O" Plans 999 and 1000 to be deemed not to be 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 plans of subdivision registered in 1854 and 1856; 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 registered plans 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 6 and 11, Block "O ", Plans 999 and 1000 shall be deemed not to be within registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011 S: \DEEMING BY- LAW\DB -2011 -002, 4410 -12 Queen St \Deeming Bylaw wpd CITY OF NIAGARA FALLS By -law No. 2011- A by -law to amend By -law No. 2010 -91, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands on the west side of Temperance Avenue, north of Ferry Street, to permit a Group Home Type 1, licensed by the municipality, for up to 17 persons. WHEREAS By -law No. 2010 -91 includes land use holding prohibitions that has the effect of zoning the lands GC (H) 910; AND WHEREAS the purpose of this by -law is to remove the land use holding prohibitions set out in By -law No. 2010 -91 to have the effect of zoning the lands GC 910; AND WHEREAS the purpose of this by -law is to amend By -law No. 2010 -91 such that the provisions of By -law No. 2010 -91 concerning the permitted uses and governing regulations will be of full force and effect from the date of this by -law forward; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By -law No. 2010 -91 have been achieved and that the condition(s) required for the removal of the holding provisions of By -law No. 2010 -91 have been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By -law No. 2010 -91 would be removed and the permitted uses and regulations set out in the by -law would be implemented once the condition(s) set out in By -law No. 2010 -91 have been fulfilled; AND WHEREAS Council of the City of Niagara Falls is proceeding in accordance with section 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By -law No. 2010 -91 are hereby declared to be of no force and effect. 2. The holding symbol (H) is hereby removed from the zoning designation of the lands affected by By -law No. 2010 -91. 3. The balance of By -law No. 2010 -91 is hereby declared to be in full force and effect. Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011 S:\ZONING\AMS\2009\B Y -LA W S \Byam012 #2. wpd CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to extend and execute a Memorandum of Understanding with DataFix for the Municipal VoterView (MVV) Services. WHEREAS for the last two municipal elections, the municipality purchased Municipal VoterView, an electoral data management program; AND WHEREAS the Municipal VoterView program was invaluable for voter list maintenance, advanced poll vote tracking, polling station identification and voter notification card production; AND WHEREAS Municipal Election staff would like to continue to use the Municipal VoterView through to the next election to regularly update the voters' list THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Memorandum of Understanding between The Corporation of the City of Niagara Falls as City and DataFix respecting the purchase of Municipal VoterView (MVV) Services, subject to the terms and conditions as set out in the Memorandum of Understanding, as attached hereto, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Memorandum of Understanding. Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011 DatafFix This Memorandum of Understanding is made in duplicate this 2 "d day of February 2011. Between: - And - The City of Niagara Falls Comprint Systems Inc., carrying on business as DataFix Hereinafter "Data Fix" For Municipal VoterView (MVV) Services Memorandum of Understanding DataFix Contents 1. Introduction 3 2. Purpose 3 3. Description of Services /Hosting Environment 3 3.1. Web Hosting 3 3.2. List Management 3 4. MVV Performance 4 4.1. Stress Testing 4 4.2. Reliability 4 4.3. Compatibility 4 5. Description of User Environment 4 6. Support, Monitoring and Management 4 6.1. Customer Service Support /Coverage 5 6.2. Orientation /Training 5 7. Security 5 7.1. Passwords 5 7.2. Web Pages 5 7.3. Web and Database Servers 6 7.4. Physical Database 6 7.5. Managed Code Environment 6 7.6. Audits 6 7.7. Virus Checks 6 7.8. Backups and Restores 6 7.9. Service Measure 7 7.10. Non - Performance 7 8. Confidentiality 7 9. Force Majeure 7 10. Term of Agreement 8 11. Fees and Payment Terms 8 11.1. Payment Terms 8 12. Cancellation /Termination 9 Page 2 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 1. Introduction Municipal VoterView is an Internet -based application designed to provide municipal elections officials with an electronic view of their electoral information including the ability to make corrections to the list, to access various voter counts needed for electoral planning, and the capability to provide an electronic copy of all changes to the Municipal Property Assessment Corporation at the end of the electoral event. Through its Municipal VoterView (MW) Application, DataFix is continuing to provide the highest level of service with respect to managing electoral information in support of municipal elections. 2. Purpose This Memorandum of Understanding is intended to identify and confirm the service levels and support technology requirements of the MW Application. 3. Description of Services /Hosting Environment The MW Application for the City of Niagara Falls will consist of Web Hosting and List Management services. 3.1. Web Hosting As a web -based application, MW has the advantage of ubiquitous accessibility —all that is required to use MW is an Internet connection and a recent web browser. MW supports Microsoft Internet Explorer and Firefox. The MVV system has been optimized for a screen resolution of 1024x768 or higher, but will function properly with lower resolutions. 3.2. List Management At a high level, the MVV application simplifies the process of searching for specific voters with the ability to add, change, delete or move voters as required. In addition, the MVV application provides a number of elector related reports to support election planning and a suite of data cleansing utilities to identify potential inaccuracies on the list. The MW Application functions and features are as described and demonstrated as part of the on -line demo /viewing of the product. More comprehensive details of these features are contained in the On -line User Manual. Page 3 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 4. MVV Performance The number and size of graphic elements in MW is minimized to enhance performance for municipalities with low -speed or dial -up Internet connections. 4.1. Stress Testing DataFix has conducted extensive testing of the MW application through a pilot program including over 165 municipalities and over 3 million electors. As a result of this testing, DataFix has been able to optimize the performance of the MVV application to accommodate municipalities of all sizes. 4.2. Reliability All hardware used to support the MVV application utilizes extensive fault tolerance features, including RAID -5 disk arrays and redundant power supplies. In addition, all servers and communications equipment are protected through the use of Uninterruptible Power Supplies (UPS). To ensure the quality and accuracy of the MVV system itself, DataFix has built a set of rigorous and comprehensive test plans. These plans encompass application functionality, data inputs and outputs, and performance. 4.3. Compatibility MW can coexist and work in a complementary manner with existing municipal electoral systems. 5. Description of User Environment As an Internet -based application, access to the MVV requires usernames and passwords. The City of Niagara Falls will have full control for creating and issuing usernames and passwords for members of their organization. 6. Support, Monitoring and Management DataFix strives to ensure that all computer and telecommunications hardware and software is operational 24 hours a day, 7 days a week. The MW system is normally available at all times except when essential maintenance to hardware or software is required. If it is necessary to interrupt service, prior notification will be given wherever possible and interruptions will be scheduled to minimize their impact on users. Page 4 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix DataFix's MW support service regularly monitors all logged problems and discussions are held to analyze support trends and additional needs. Monitoring is a powerful tool for tracking trends and ensuring that appropriate staff and technology are accessible to callers. If users encounter problems, the on -line support function provides an e-mail link to DataFix support team, where issues are resolved usually within 24 hours. 6.1. Customer Service Support /Coverage Normal business hours for providing customer support are from 8:OOAM to 5:00 PM (local time), Monday to Friday, excluding statutory holidays. Support will be provided outside normal business hours for advance poll dates and Election Day. The response time for issues outside normal business hours is under 1 hour. Telephone support is available by calling 416 - 363 -8170 extension 249, or by email through the support function within the MW application. 6.2. Orientation /Training Training on all MW Application functions and features will be provided through the DataFix on -line Webinar facilities at no cost. Customized on -site training is also available; however, training fees may be applicable. 7. Security 7.1. Passwords Passwords for MW users are secured using a one -way hash algorithm (MD5). As a result, clear -text passwords are never stored nor utilized for user authentication. Security is also a responsibility of all users and users are especially cautioned not to share system logins and passwords. 7.2. Web Pages All MVV web pages are secured using 128 -bit SSL (secure sockets layer) encryption. Page 5 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 7.3. Web and Database Servers Web and database servers are protected by a firewall that performs packet - level, circuit - level, and application -level traffic screening, stateful inspection, and intrusion detection. 7.4. Physical Database A separate physical database for each municipality is maintained to ensure that municipalities can only access their own data. 7.5. Managed Code Environment The MVV application runs in a managed code environment, which provides additional security and protection from common buffer overflow attacks. 7.6. Audits DataFix audits all MW access and security logs on a daily basis to ensure that any unusual access patterns can be quickly identified and resolved. 7.7. Virus Checks DataFix's computing environment contains the most sophisticated virus scan software and update mechanisms. Virus definition files are updated on a continual basis. 7.8. Backups and Restores DataFix has constructed a completely redundant technical infrastructure to support MW. This infrastructure includes backup Internet connections routed through different Internet Service Providers, which provides protection from a common source of possible outages. To protect against server hardware failures in non - redundant components, DataFix has backup web and database servers available. These servers can be quickly activated to ensure minimal MVV downtime. DataFix performs database and file -level backups of the MVV system on a daily basis, thus ensuring that minimal data is lost in a disaster recovery situation. Backups are tested on a regular basis to ensure that all aspects of the disaster recovery plan are operational. To support the increased activity around advance polling dates and Election Day, backups will be performed every sixty (60) minutes. Page 6 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 7.9. Service Measure DataFix will perform remote monitoring of the MVV application. The system will be tested every fifteen (15) minutes and alerts are sent via e -mail or page to DataFix Support personnel as soon as a problem is identified. 7.10. Non - Performance In the event DataFix is unable to provide the services as stated in this MOU, DataFix will work with the municipality to assess the impact and determine the remedial action. 8. Confidentiality DataFix has been entrusted with confidential data from many government, public, and private organizations. Accordingly, all aspects of physical and network security are rigorous and continually monitored and updated. Additionally, DataFix will not disclose to anyone any elector information which forms part of the MW application. 9. Force Majeure Either party shall be excused from any delay or failure in performance caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day -to -day basis for the period of time equal to that of the underlying cause of the delay. Page 7 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 10. Term of Agreement This Memorandum of Understanding will become effective from the date of signing to December 31, 2014. On or before December 31, 2014, this Memorandum of Understanding can be renewed to provide ongoing elector information management services. 11. Fees and Payment Terms The fee for providing MW services is $10,000 plus applicable taxes and is based on the following: 1. Web Hosting as described in section 3.1 of this MOU 2. List Management as described in section 3.2 of this MOU Note: A quotation will be provided for any additional services requested. 11.1. Payment Terms An invoice in the amount of $2,500 plus applicable taxes will be forwarded as follows: a. On receipt of a signed MOU b. January 2012 c. January 2013 d. January 2014 Page 8 of 9 February 2, 2011 The City of Niagara Falls Memorandum of Understanding DataFix 12. Cancellation /Termination Either party may terminate this agreement at any time by giving 60 days written notice to the other party. In the event of cancellation, all data will be returned to the municipality. Additionally, DataFix will perform a complete destruction of the elector data that is stored on DataFix servers. The data will be physically deleted and the disk partitions that held the data will be cleansed using disk wipe software to ensure that the confidential elector data cannot be undeleted or restored using drive recovery tools. Any physical media containing elector data that DataFix receives from MPAC will be shredded. DataFix: 40 University Ave Suite 1010 TORONTO ON M5J 1T1 Contact: Jim Stewart National Director, Election Services DataFix Representative James A. Stewart Name (please print) February 2, 2011 Date Page 9 of 9 The City of Niagara Falls: 4310 Queen Street NIAGARA FALLS ON L2E 6X5 Contact: Dean Iorfida City Clerk Municipality Representative Name (please print) Date February 2, 2011 The City of Niagara Falls A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161. is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule `'A" to this amending by -law. being the Schedule of Water Rates, Sewer Rates, Fees and Charges. 2. Repeal By -law 2010 -53. Passed this eighteenth day of April 2011. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI. MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011 CITY OF NIAGARA FALLS By -Law No. 2011- Schedule "A" SCHEDULE OF RATES, FEES AND CHARGES After Before 1. Service charges: Due Date Due Date 15 mm meter S 22.97 $ 21.88 monthly 18 mm meter S 22.97 $ 21.88 monthly 25 mm meter S 22.97 S 21.88 monthly 37 mm meter $ 68.93 $ 65.65 monthly 50 mm meter S 137.85 S 131.29 monthly 75 mm meter $ 275.72 S 262.59 monthly 100 mm meter $ 505.49 $ 481.41 monthly 150 mm meter $ 965.00 S 919.05 monthly 200 mm meter S1,723.22 $ 1,641.16 monthly 250 mm meter S2,412.50 S2,297.62 monthly 2. Water rates: After Before Due Date Due Date 3. Flat rates for a private water service not metered by choice or other determination of the City: 5. Billing period: Minimum of one month. S 0.9526 $ 0.9072 per cubic metre After Before Due Date Due Date S 51.09 $ 48.65 monthly includes 30m of usage 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date S 153.25 $ 145.95 monthly 3 x the rate 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) Service charge as set out in section 1: 92.30% (b) Water rates as set out in section 2: 111.56% (c) Flat rates as set out in sections 3 and 4: 109.80% 8. Charge for Installation of Water Service: (a) 3/4" Service: $1,650.00 (b) Over 3/4" Service Actual cost - Deposit required based on estimated costs. 9. Charge for shutting off or turning on supply of water: (a) During normal working hours: $ 55.00 (b) Outside normal working hours: $ 165.00 Note: For the purpose of this by-law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation: (a) During normal working hours: $ 40.00 per hour /per city employee (b) Outside normal working hours: S 100.00 per hour /per city employee 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: (a) For Water $ 1.09 per cubic metre Cost plus 25% (b) Service deposit: (c) Bulk water card purchase $10.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $22.00. Based on estimated charges for two billing periods, minimum of $500.00. 15. Charge for meter purchase to be paid at building /sewer permit issuance. 5/8" positive displacement water meter & costs $ 193.47 5/8" x 3/4" positive displacement water meter & costs $ 193.47 3/4" positive displacement water meter & costs $ 225.69 1" positive displacement water meter & costs $ 303.92 1.5" positive displacement water meter & costs $ 581.36 2" compound water meter & costs $ 2,267.61 3" compound water meter & costs $ 3,140.64 4" compound water meter & costs $ 4,470.57 5" compound water meter & costs $ 8,131.02 4" protectus compound water meter & costs $ 8,135.67 6" protectus compound water meter & costs $ 10,045.94 8" protectus compound water meter & costs $ 13,655.54 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls. WHEREAS the Council of The Corporation of the City of Niagara Falls has been advised by reputable authorities that second hand tobacco and other smoke , exhaled smoke and the smoke from cigarettes, cigars and pipes is a health hazard and causes discomfort to the vast majority of the residents of the City of Niagara Falls; AND WHEREAS the Council of The Corporation of the City of Niagara Falls is empowered, pursuant to section 128 of the Municipal Act, 2001, S.O. 2001 c. 25 to declare any act a public nuisance; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls does, by enacting this by -law, declare the practice of smoking tobacco and other substances within public buildings and upon public property, with the exception of municipal highways, to be a public nuisance; AND WHEREAS the practice of the smoking of tobacco has already been banned by the laws of Ontario from the vast majority of public buildings; AND WHEREAS the Council of the City of Niagara Falls intends to invoke every authority available to it at law to enact, uphold and enforce this by -law as provided by the Municipal Act, 2001 and other applicable Acts and the common law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Purpose 1.1 The purpose of this by -law is to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls. 2. Regulations 2.1 No person shall smoke tobacco or any other substance upon or within any lands or buildings owned by The Corporation of the City of Niagara Falls. 2.2 Notwithstanding section 2.1 above, it shall be permissible for persons to smoke tobacco or any other substance other than substances prohibited by federal or provincial law, upon the road allowances owned and controlled by the City ofNiagara Falls and those of the Regional Municipality of Niagara that are located within the boundaries of the City of Niagara Falls. 4. General -2- 2.3 Notwithstanding the exemption granted in section 2.2 above, no person shall smoke in a bus shelter owned by The Corporation of the City of Niagara Falls. 3. Offence and Penalty 3.1 Any person who contravenes the prohibition of this by -law is guilty of an offence and, upon conviction, is liable to a fine of up to Five Thousand Dollars ($5,000.00). 4.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 4.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 4.3 The short title of this by -law is the Anti - Smoking By -law. 4.4 This by -law shall come into force and effect on the day it is passed. Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011. April 18, 2011. April 18, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to establish part 2 on Reference Plan 59R -14358 as a public highway, to be known as and to form part of Kalar Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 139 Stamford designated as Part 2 on Reference Plan 59R -14358 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Township Lot 139 Stamford designated as Part 2 on Reference Plan 59R- 14358 that is hereby established as a public highway, be known as and form part of Kalar Road. Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011. April 18, 2011. April 18, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of $40,214,573.28 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 February 17, 2011 to March 30, 2011. Passed this eighteenth day of April 2011. DEAN IORIFDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011 CITY OF NIAGARA FALLS By -law No. 2011 — A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18` day of April, 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 18 day of April, 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. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eighteenth day of April 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 18, 2011 April 18, 2011 April 18, 2011