Loading...
2011/05/30COUNCIL MEETING Monday, May 30, 2011 Order of Business and Agenda Package Niagara falls CANA1)� COUNCIL MEETING May 30, 2011 PRAYER: Councillor Gates ADOPTION OF MINUTES: Council Minutes of May 16, 2011 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Heater's Heroes Celebrity Run for Children Mike Strange, event organizer, will inform Council of an upcoming event to benefit Tender Wishes. Independent Police Review Gudelia Morency, Regional Outreach and Education Advisor with the Office of the Independent Police review Director (OIPRD) will outline the activities of the civilian oversight body for public complaints about the police. Crime Stoppers Stu Black, Executive Director, will outline the organization's activities and clear up any myths and misconceptions surrounding their operation. Welland Canal Historic Designation Regional Councilor Bruce Timms will do a presentation on the efforts to designate the Welland Canal. Accessibility Matters 2 Members of the City's Disability Advisory Committee will be present to recognize the Dan Bouwman, Heartland Forest with the Patrick Cummings Award for going above and beyond in creating a barrier free environment. Commisso's Fresh Foods will also be acknowledged with a certificate of excellence. - AND - Proclamation for National Access Awareness Week - AND- Recommendation Report: CD- 2011 -11, Facility Accessibility Design Standards MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 War of 1812 Bicentennial Celebrations - Request from the Canadian Consulate General that the ten Niagara municipalities proclaim the cross - border regions as an International Corridor of Peace and Cooperation. RECOMMENDATION: For the Approval of Council. 2. Canadian Veterans National Rendezvous — Request for a Fireworks display on July g in association with the event. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS RATIFICATION OF " IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2011 -20 - 2011 Property Tax Rates 3 F- 2011 -21 - Final Tax Notice Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes. F- 2011 -23 - 2010 Sleep Cheap Event F- 2011 -24 - Municipal Accounts F- 2011 -25 - Major Tax Receivables Report MW- 2011 -18 - Kalar Road Reconstruction Project, Lundy's Lane to Beaverdams Road, CNR Standard Warning System and Crossing Reconstruction Agreements MW- 2011 -22 - Crimson Park Playground, TV Ontario PD- 2011 -36 - AM- 2010 -012, Zoning By -law Amendment Application, West Side of Kalar road South of Lundy'a Lane. Applicant: River Realty Development (1976) Inc. Removal of a Holding (H) Symbol TS- 2011 -23 - Queen Street at Crysler Avenue Intersection Control Review BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -66 A by -law to amend By -law No. 2007 -236, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands on the west side of Kalar Road, south of Lundy's Lane, to allow development on a portion of the Deerfield Phase 9 plan of subdivision. (AM- 2010 -012) 2011 -67 A by -law to provide for the adoption of Amendment No. 100 to the City of Niagara Falls Official Plan. (OPA No. 100) 2011 -68 A by -law to amend By -law No. 79 -200, to guide the development of the Oldfield Plan of Subdivision on the Lands, subject to the removal of a holding (H) symbol on a portion of the Lands. (AM- 2010 -004) 2011 -69 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2011. 2011 -70 A by -law to amend By -law 98 -223, being a By -law to designate an area as an Improvement Area and to establish for such area a Board of Management. 2011 -71 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Designated Lanes) 2011 -72 2011 -73 2011 -74 2011 -75 2011 -77 - 4 - A by -law to authorize the execution of a Standard Crossing Reconstruction Agreement with Canadian National Railway Company, and The Corporation of the City of Niagara Falls, respecting the reconstruction of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27.60 on the Stamford Subdivision. A by -law to authorize the execution of a Standard Unfunded Crossing Warning System Modification Agreement with Canadian National Railway Company, and The Corporation of the City of Niagara Falls, respecting the modification of an existing crossing warning system at the crossing of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27.60 on the Stamford Subdivision. A by -law to authorize the execution of an Agreement of Purchase and Sale with 1340258 Ontario Inc. and The Corporation of the City of Niagara Falls, respecting the purchase of Parts 1, 3, 5, 6, 7 and 9 on Reference Plan 59R- 14270; in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement with Sinking Ship Entertainment Productions Inc. respecting the Location Agreement for play ground "Giver" program at Crimson Park. 2011 -76 A by -law to authorize the payment of $29,266,201.56 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30` day of May, 2011. NEW BUSINESS Page 1 a (5/25/2011) Dean Iorfida - Heaters Heroes Pg ., . From: Carey Campbell To: Dean Iorfida Date: 5/18/2011 4:57 PM Subject: Heater's Heroes Hi Dean: Mike Strange is requesting to come to Council on Monday, May 30th to inform them about the event "Heater's Heroes Celebrity Run for Children." Can you please get back to me with confirmation of his request to appear before Council to introduce his event to the community? The event is taking place on August 13, 2011 at Oakes Park but the fundraising and participation campaign will kick off on May 28th. Mayor Diodati has been asked to be a "celebrity runner" in the event that sponsors "wish children" through Tender Wishes. This is a family - friendly event and all are welcome. Background: The event is in honour of "Heater" Rob Lavelle. Other confirmed celebrity runners will include: Jay Triano Cal Clutterbuck- NHL Steve Ludzik- NHL and tv personality Steve Militor- Boxer IBF Zenon Kenopka- NHL Billy Irwin- olympian The Trews- rock band Mike Strange- olympian Marty Calder- olympic wrestler Ricky Ley- NHL Don Lever- NHL Gord Singleton- olympic cyclist Richard Jeanneret- NHL and tv announcer Dan Giancola- CFL Dandro Deangelis- CFL r/14/2011) Dean lorfida Fwd: FW: OIPRD Outreach and Education Program From: Ken Todd To: Dean Iorfida CC: Gudelia.Morency @ontario.ca; Ken Todd Date: 3/14/2011 11:17 AM Subject: Fwd: FW: OIPRD - Outreach and Education Program Hi Dean: Ms. Morency would like to make a deputation to Council to fulfill their organization's mandate. Please make arrangements for this deputation at a future Council meeting. Thanks. Karen »> " Morency, Gudelia (JUS)" <Gudelia.Morency @ ontario.ca> 3/14/2011 11:12 AM »> Karen, Please find below email sent re: delegation to council. Thank you, Gudelia Morency Regional Outreach and Education Advisor Tel: (416) 212 -5133 Fax: (416) 325 -1874 Gudelia.MorencyCa�ontario.ca ( mailto:Patrick.Sayer @, ontario.ca ) www.oiprd ( http: / /www.oiprd.on.ca/ ) From:Morency, Gudelia (JUS) Sent: February 18, 2011 12:00 PM To: ktodd @niagarafalls.ca Subject: OIPRD - Outreach and Education Program Town of Niagara Falls, 4310 Queen Street Niagara FalisON L2E 6X5 RE: Request to delegate to council I would like to take this opportunity to introduce myself, my name is Gudelia Morency and lam a Regional Outreach and Education Advisor with the Office of the Independent Police Review Director ( OIPRD). Our office officially opened on October 19, 2009, as the new independent civilian oversight body for public complaints about the police. The OIPRD is an arms - length agency of the Ontario Ministry of the Attorney General, staffed entirely by civilians. The OIPRD provides an objective, impartial office to accept, process, and oversee the investigation of public complaints about municipal police, regional police and Ontario provincial police. To maintain our independence and neutrality the OIPRD does not provide advice. We Page 1 10/147261'1) Dean lorfida Fwd FW: OIPRD Outreach and Education Program have created a resource list of organizations to assist complainants should they need advice. I would like delegate to council to inform Jim Diodati, Mayor of Niagara Falls and councillors of the OIPRD's mandate and its outreach and education program. Please let me know if you may have any questions related to this request. Thank you and have a great day! Gudelia Morency Regional Outreach and Education Advisor Office of the Independent Police Review Director Ministry of the Attorney General 655 Bay St, 10th Floor Toronto, ON M7A 2T4 Tel: (416) 212 -5133 Fax: (416) 325 -1874 Gudelia.MorencyAontario.ca ( mailto:Patrick.Sayer @ontario.ca ) www.oiprd.on.ca ( http: / /www.oiprd.on.ca/ ) CONFIDENTIALITY NOTICE: This communication, including all attachments, is directed in confidence solely to the person /s to which it is addressed, or an authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. If you have received this communication in error, please delete it and notify the sender immediately via email or by telephone (416) 212 -5133. Avis de confidentialite: Cette e -mail et son contenu est strictement confidentielle et est destine pour le plafond(s) it est initialement traitee. Ce courriel n'est pas d'etre partagee, a transmis, ou copiee sans le consentement exprime de moi -meme. Si vous avez regu cette e-mail dans I'erreur veuillez supprimer cette e -mail et renvoyer a moi -meme par couriel ou par telephone (416) 212 -5133. / (5/25/2011) Dean lorfida - RE: Presentation to N. F. City Council Page 1 From: "Stu Black" <stublack @cogeco.ca> To: 'Dean lorfida "' <diorfida @niagarafalls.ca> CC: 'Carey Campbell "' <ccampbell @niagarafalls.ca> Date: 4/20/2011 4:38 PM Subject: RE: Presentation to N. F. City Council Hi Dean, This is to confirm our request to make a short presentation to N.F. City council at an upcoming meeting, preferably on May 30th. It would be a brief presentation - 10 minutes should be lots, and that would include a 4- minute, fast -paced video that clears up the myths and general misconceptions that the public holds concerning Crime Stoppers. We've learned that a majority of people believe that the program is run by the police, and there is a lot of skepticism regarding the whole concept of anonymity and rewards. Our award - winning video sets the record straight in a light- hearted fashion. We will not be asking for money, but rather that council partner with us to help promote the great vehicle that Crime Stoppers provides to report crime anonymously (no police involvement, no court appearances - guaranteed) The city of St. Catharines has been very supportive in creating awareness of Crime Stoppers in the Garden city (rink boards at all arenas, boards on all buses, bus shelter signage, pamphlets included with utility bills, etc). Not surprisingly we are witnessing an impressive increase in the number of tips being generated. We sincerely hope that City Council will recognize the benefits, and assist us in sending a clearly helpful message to Niagara Falls residents. Thank you for your assistance in making this important connection. Stu Stu Black Executive Director (5/25/2011) Dean lorfida RE: Presentation to N. F. City Council Crime Stoppers of Niagara 4480 Paddock Trail Drive Niagara Falls, ON L2H 3E6 stublack @cogeco.ca Office: 905 - 356 -6188 Mobile: 905 - 931 -5233 From: Dean lorfida [mailto:diorfida @niagarafalls.ca] Sent: April 19, 2011 3:00 PM To: stublack @cogeco.ca Cc: Carey Campbell Subject: Presentation to N. F. City Council Mr. Black: Although I've been copied on some emails, could you please send me something official in writing requesting a deputation before Niagara Falls City Council, the nature of the deputation and what you may be requesting of Council. It does not have to be overly formal. An email will suffice. Please find the Council schedule at the link below: http: / /www. niagarafalls.ca /city_ hall / council /council_meeting_schedule.asp Let me know which dates work for you. We will try to accommodate your request depending on our agenda. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3583 - Release Date: 04/19/11 [(5/17/2011) TeresaFabbro - Re. Delegation on the Heritage Designation of the Welland Page 1 From: Dean Iorfida To: Linda.Axford @niagararegion.ca CC: Teresa Fabbro Date: 4/28/2011 4:25 PM Subject: Re: Delegation on the Heritage Designation of the Welland Yep, we can do the 30th. No problem. Dean Original Message From: "Axford, Linda" <Linda.Axford @niagararegion.ca> To: Dean Iorfida < diorfida @niagarafalls.ca> Sent: 4/28/2011 3:32:40 PM Subject: RE: Delegation on the Heritage Designation of the Welland Hi Dean, Sorry to be a nuisance but Councillor Timms is unavailable on May 16th. He IS available on May 30th. Let me know if this works. I will send a revised power point next week. Thanks again, Linda Original Message From: Dean Iorfida [ mailto:diorfida @niagarafalls.ca] Sent: April 28, 2011 10:49 AM To: Axford, Linda Cc: Timms, Bruce Subject: Re: Delegation on the Heritage Designation of the Welland Certainly Dean Original Message From: "Axford, Linda" <Linda.Axford @niagararegion.ca> To: Dean Iorfida <diorfida @niagarafalls.ca> Cc: Bruce Timms <bruce.timms @niagararegion.ca> Sent: 4/28/2011 10:44:57 AM Subject: RE: Delegation on the Heritage Designation of the Welland Canals Hi Dean, Thanks for the response. I have attached the power point presentation that Councillor Timms will be giving. Could you hand out a copy to Councillors that includes the notes? Thanks, Linda Original Message From: Dean Iorfida [mailto :diorfida @niagarafalls.ca] - 1(5/1772011) Teresa Fabbro Re: Delegation on the Heritage Designation of the Welland Yes, we'll go with the 16th. Thanks for your patience. Hi Dean, Linda Hi Dean, Thanks, Linda Linda Axford, MLA Senior Planner Regional Municipality of Niagara Integrated Community Planning Department 2201 St. David's Road P.O. Box 1042 Thorold, Ontario L2V 4T7 Phone: 905 - 685 -1571 ext 3590 Fax: 905 - 641 -5208 E -mail: linda.axford @niagararegion.ca Sent: April 28, 2011 9:41 AM To: Axford, Linda Cc: Teresa Fabbro Subject: Re: Delegation on the Heritage Designation of the Welland Canals Dean Original Message From: " Axford, Linda" <Linda.Axford @niagararegion.ca> To: Dean lorfida <diorfida @niagarafalls.ca> Sent: 4/28/2011 8:48:12 AM Subject: FW: Delegation on the Heritage Designation of the Welland Canals I was just informed by Bill Matson that the May 2nd Council meeting has been cancelled due to the Federal Election. Is it possible for Councillor Timms to be a delegation for the May 16th Council Meeting? From: Axford, Linda Sent: March 22, 2011 1:45 PM To: 'diorfida @niagarafalls.ca' Subject: Delegation on the Heritage Designation of the Welland Canals This is a request for a delegation to your council on May 2nd by Regional Councillor Bruce Timms to present a short power point for information on the heritage designation of the Welland Canals. Please contact me with any questions you may have. Page PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson's Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 29 to June 4 2011 proclaimed in the City of Niagara Falls. NOW THEREFORE I, James M. Diodati, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 29 to June 4 2011 as "National Access Awareness Week" in the City of Niagara Falls. Mayor James M. Diodati & Members of Council May 30, 2011 Niagaraaalls May 30, 2011 C , r l U REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -11 Facility Accessibility Design Standards RECOMMENDATION CD- 2011 -11 That Council adopt the Facility Accessibility Design Standards (FADS) 2007 version as the approval document for the development of future municipal facilities; and That any permissive language read in the FADS document be considered mandatory for the development of future municipal facilities; and That doorless washrooms (snake entrance) be required for any future municipal facilities or, if not possible, any designated washroom be equipped with automatic door openers; and That Council receive the information on accessibility at the Gale Centre and Scotiabank Convention Centre; and That Council receive the Disability Advisory Committee's 2011 Accessibility Plan. EXECUTIVE SUMMARY Provincial legislation, such as the Ontarians with Disabilities, 2001 and Accessibility for Ontarians with Disabilities Act, 2005 (AODA), has set the goal of a completely accessible Ontario by 2025. The municipality has been on the forefront of these issues having a committee dedicated to educating the public and increasing barrier free accessibility in our community since 1997. The Committee has consulted on new municipal facilities and performed audits on such facilities. The adoption of the City of London's Facility Accessibility Design Standards (FADS) in 2006 has provided guidance on barrier free requirements for these new facilities. Despite the best intentions of all involved, more can be done to ensure barrier -free accessibility. Adopting the updated version of the FADS, stressing the requirements are mandatory for new municipal facilities and increasing staff training, will serve the municipality when the built environment standards of the AODA become law. May 30, 2011 BACKGROUND - 2 - CD- 2011 -11 In 1997, through the Mayor's Office, the Disability Advisory Committee was formed. The committee predated the requirement that municipalities with more than 10,000 people have such a committee, as per the Ontarians with Disabilities, 2001. In 2006, shortly after the opening of the MacBain Centre, staff prepared a report on accessibility at that new municipal facility (cf. CD- 2006 -17, Accessibility at the MacBain Centre). The barrier free attributes of the facility were exemplary, however, there were a few retrofits that were required. Curb cuts, lessening of door tension, toilet risers, assistive striping for the visually impaired and signage recommended by the Committee made the municipal facility even more accessible. In order to ensure that future municipal facilities were accessible, staff recommended the approval of the Facility Accessibility Design Standards (FADS), a document developed by the City of London and adopted by other municipalities, most notably the Niagara Region, for any future municipal facilities. The FADS provides universal design standards intended to encompass the intent of the Ontario Human Rights Code, in terms of respecting the dignity of persons with disabilities, while maximizing their integration and full participation into society. In many instances, the standards outlined in FADS may exceed the Ontario Building Code requirements. The 2006 staff report identified the need to incorporate accessibility at the design stage. The report indicated that the Committee had provided a wish list to the architect of the, then proposed, twin -pad that included automatic door openers, accessible seats, doorless washrooms (i.e., the snake design) and variable- height ticket and concession counters. Impressively since the 2006 report, the municipality has seen the twin -pad become a four - pad, the development of a convention centre, the expansion of the historical museum, not to mention new and improved park facilities. In all cases, the Committee has provided input at the initial stages of these developments and has been often called upon to report back to Council after the developments have opened. ANALYSIS /RATIONALE Gale Centre The Committee visited the facility prior to opening in June 2010. Subsequently, a committee member, Brian Kon, did a more formal audit of the facility. The majority of the wish list from 2006 was incorporated into the final design. From the report: Overall there are obvious attempts to make the facility accessible, as proven by the extra parking space designated specifically for people with disabilities, the added accessible seating arrangements in the main rink (Rink 1), and the two dedicated private accessible washrooms, to name a few. However, these are contrasted by a number of areas where, in the final details, the comfort and overall experience for a person with a disability has been disregarded. May 30, 2011 - 3 - CD- 2011 -11 With regard to the deficiencies outlined in the audit, most have been addressed and completed or are scheduled to be completed soon. The nature of the retrofits included directional signage, lower level paper towel dispensers, a curb cut at the front entrance, two automatic door openers, adjustment of glass at the accessible seats and some handrails. The design of the Centre accommodated multiple accessible parking spots, however, the spots were not designed in adherence to the FADS document. With the warmer weather upon us, the spots will be relined in the coming weeks. Scotiabank Convention Centre The Committee had input at the very initial stages of this project meeting with the architects in early 2009. In addition, the FADS document was part of the tender documentation for the design -build of the Convention Centre. Staff and a representative from the committee did site visits on two occasions prior to opening. Unlike the Gale Centre audit, the Convention Centre audit was premised on rectifying deficiencies prior to the grand opening. Also, some finishings, such as window glazes decals, had yet to be completed at the time of the audit. The one issue that was disappointing to the Committee was the provision of designated washrooms (i.e., disabled -only washrooms), as opposed to universal design washrooms. Although it may seem that the disabled community would prefer the privacy of their own washrooms, designated washrooms perpetuate the notion that those with disabilities should be kept apart from the general population. At the earliest meetings with the architects, the Committee indicated that if the design required designated washrooms that they be equipped with automatic door openers. Unfortunately, the architects and design build contractor were of the opinion that the FADS document did not make automatic door openers mandatory on designated washrooms. After a meeting to resolve the issue, it was agreed with the parties, including NCCC management, that five of the nine designated washrooms will be equipped with automatic door openers and the others will be identified as family washrooms. The hardware has been ordered and the automatic door openers are expected to be in place in approximately eight weeks. The issue outlined the fact that the FADS document is written as a handy user guide, as opposed to being prescriptive like a statute such as the Ontario Building Code. Also, the nature of the design build was such that there was a final stipulated price, which meant the contractor was specific that the final stipulated price was based on what was mandatory and not what was preferred. In order to avoid this issue in the future, staff is recommending that any permissive language in the FADS document be read to be required for any future municipal facilities. Also, it is recommended that future municipal facilities incorporate universal design washrooms, such as those found at the Gale Centre. Although it may seem that such design would be more costly, such design would, in fact, negate the need for the separate provision of a designated washroom (i.e., reduced number of washrooms, sinks, toilets, dispensers etc.). May 30, 2011 - 4 - CD- 2011 -11 After years of experience, the City of London has also updated the FADS document making it more user - friendly, correcting ambiguities contained in the original document and making it more responsive to the needs of the disabled community. Staff is recommending that the newer version be adopted as the guide for any future municipal facilities. City staff needs to become more familiar with the FADS document. The designated parking at both the Gale Centre and the Convention Centre showed good intentions in the provision of multiple spots in excess of the City requirements. Unfortunately, a quick perusal of the FADS document would have shown that the designated parking spots were deficient in width. This error should have been caught at the site plan stage. In both cases, repainting of the parking stalls will occur in early June. A greater effort at education of internal staff will also begin, in June, with "Train the Trainer" sessions on accessibility requirements. Although the FADS document is often "above and beyond" what is required with the Ontario Building Code, sometimes the Code will prevail in conflicts. The Convention Centre audit identified the desire for automated door openers, like found in hospitals and grocery stores. However, the substantial occupancy load of the Convention Centre requires doors with "crash bars" in case of an emergency or power outage. Despite some deficiencies, most of which have been corrected prior to opening, the Convention Centre is an impressive facility. Upon correction of the parking stalls, noted local accessibility advocate and writer, Linda Crabtree, Access Niagara is recommending that the facility be given an award in association with the Ontario March of Dimes Access Awareness Week. FINANCIAUSTAFFING /LEGAL IMPLICATIONS The Gale Centre project budget states $150,000.00 for the purpose of arena enhancements and accessibility changes. The construction deficiencies are covered through $300,000.00 contract hold backs. In the case of the Convention Centre, change orders were issued for most of the deficiencies. The cost of the automatic door openers will be accommodated through a contingency fund. Standards have been developed in compliance with the Accessibility for Ontarians with Disabilities Act, 2005. Although the standards on the Built Environment have not been enacted yet, it behooves the municipality to ensure that its facilities, especially new ones, are accessible. The adoption of the FADS document will allow the municipality to be prepared for what the Built Environment standard may require. The Ontarians with Disabilities, 2001 requires accessibility committees to develop accessible plans. The plan provides an update on the Committee's activities over the last few years and goals for the future. CITY'S STRATEGIC COMMITMENT Ensure barrier free accessibility for City facilities. May 30, 2011 LIST OF ATTACHMENTS ► Gale Centre Accessibility Audit • Gale Centre Accessibility Deficiency Status Chart • Scotiabank Convention Centre Accessibility Audit • Architect response on outstanding items re: Convention Centre accessibility ► 2011 Municipal Accessibility Plan/ 2007 Facility Accessibility Design Standards (FADS)* *Produced for Council members under separate cover. Recommended by: Respectfully submitted: DI Ke - 5 - CD- 2011 -11 Todd, Chief Administrative Officer Gale Centre Facility Property Access onto the Centre's property is via a temporary entrance off 4th Avenue. Approaching the building from this direction into the parking lot there are no clear signs of where the accessible parking is located. This is true for the front and back parking. In addition, since the first entrance that a visitor will encounter from 4th Avenue leads to the back of the building this becomes more of an issue since the back of the building only has 2 accessible parking spaces, versus the 20 spaces in the front of the building. Most, but not all meridian and curbs have the appropriate curb ramp. There are no curb cuts in front of the Main Event entrance or the meridian that separates the parking lot on the way to the event entrance. This could be problematic for anyone who has mobility issues and /or for other visitors who may be with items such as a stroller. Parking Lot Parking spaces at the Gale Centre measure 12 feet across. However, the FADS require a minimum of 8 feet 10 inches designated for the vehicle plus an additional 6 feet 6 inches for an accessible aisle separating the two spaces. This permits sufficient space for a person to transfer out of their vehicle unhindered by the vehicle next to it. There is sufficient room within the existing parking spaces at the Gale Centre to create the aisle way between the spaces. All that is required to correct this issue is to provide proper surface markings to create the access aisle. Overall exterior light appears to provide sufficient light for accessibility and safety. [Note: the audit was performed during daylight hours.] i Figure 4.3.12.1 Side -by -side Parking Space • (48) 2700 2000' (8ft 101n) I (78 - 3/4) 4700` (15ft 5in) single space 7400` 124ft3In) double space with shared access aisle Ac •I pa ng spaces Bollards (Optional) 3200 (10ft 6in) Limited Mobility / Car •ivers mg space Page 3 4.3.12 November 2010 Where the location of designated parking spaces for person with disabilities is not obvious or is distant from the approach viewpoints, directional signs shall be placed along the route leading to the designated parking spaces. Such directional signage will incorporate the symbol of access and the appropriate directional arrows. Accessible parking spaces shall • be at least 2700 mm (106 in.) wide; • incorporate pavement markings containing the International Symbol of Access markings to include a 1525 x 1525 (5 ft. x 5 ft.) white border and symbol with a blue background field color; Gale Centre Ground signage indicating accessible parking does not meet FADS codes, the international symbol for accessibility should be in contrast to a blue background that is bordered by a white edging. [Note from author: while the FADS indicate the use of white edging, it is the author's opinion that in an area of the country that has snow, yellow lines are more visible throughout the year and will stand out against surface snow. Yellow is also a color that remains strong for an elderly person, making it more visible to an aging population. To comply with the FADS is not recommended in this situation.] At the time this photo (right) was taken, the white car parked in the accessible parking space had no signs indicating authorization to park in an accessible parking space. What protocols are in place to monitor compliance? Interior Path of Travel The main accessible parking area has the appropriate signage posted in front of each space. However, the city bylaw indicating the fine for non - compliance has not been added. [Note: posting of a fine is not part of the FADS.] Signs at the back entrance are posted on the building versus on a separate post. Access to the sidewalk at the back entrance is to the left of the space with the white car pictured above, this requires a person to travel behind a vehicle in order to access the building from the parking lot. A person seated in a wheelchair may not be visible to a driver backing out of a parking space, therefore it is contraindicated to have paths of travel behind parked vehicles. The parking lot in the front of the building however, has direct access to the sidewalk in front of the vehicle which provides a safer route of travel. Exterior doorways have button controlled openers which are placed in an appropriate position to access without requiring the person to back out of the way of the opening door. Pathways throughout the facility are wide and provides significant space for people who use mobility devices. Floor surface is smooth for easy travel. Page 4 Each accessible parking space shall be designated with signage that is • mounted vertically on a post that is colour contrasted with the background environment; • at least 300 mm (11 -3/4 in.) wide x 450 mm (17 -3/4 in.) high; • installed at a height of 1500 mm (47 in.) to 2500 mm (98 in.) from the ground /floor surface to the centre line of the sign; • for perpendicular parking, centered on the parking space; and November 2010 • for parallel parking, located toward the end of the parking space, on the opposite side from the access aisle. Signs shall not be mounted on fences or building faces. Gale Centre However, floor surfaces are shiny, in particular the floors in the rink observation areas, which could be a problem for people with low vision who often use light as their guide within a space, which could cause them to become disoriented. Interior doors use lever style handle which is appropriate. Doors and door jams have good color contrast for identification of pathway. Only one of the rinks has an automatic door opener. 1 Why does the main rink not have any automatic doors? 1 Entry into the private accessible washroom on the main floor and in the main rink are controlled by button operated door controllers for easy access. All other washrooms are designed without doors to increase ease of entry and exit. Interior signage has good color contrast throughout the building, however the blue on blue symbols in the main rink (Rink 1) are more difficult to see from a distance for a person with low vision. There is no signage in the main hallway indicating where the private accessible washroom can be found. In fact, the accessible washroom down the aisle to Dressing Room 1 would not easily be found without seeking directions from someone. Stairs in the main hall and the Main Event entrance are grey with grey stripes at each stair edge. Stronger color contrast on the stair edge would improve visibility for people with low vision for a more secure foot placement and for perceiving the Page 5 A flight of stairs shall November 2010 • have uniform riser heights (rise) and uniform tread depths (run); • have a rise not more than 180 mm (7 in.) and not less than 125 mm (4 -7/8 in.) high; • have a run not more than 355 mm (14 in.) and not less than 280 mm (11 in.) deep, measured from riser to riser; • incorporate detectable warning surfaces in compliance with 4.4.8.; and • have no open risers. Nosings shall • project not more than 25 mm (1 in.); • have no abrupt undersides; • have a curved or beveled leading tread edge of between 6 mm (1/4 in.) and 10 mm (3/8 in.); • where projecting, be sloped to the riser at an angle not less than 60 degrees to the horizontal; • be illuminated to a level of at least 100 lux (9.2 ft- candles); be slip- resistant; and • have the horizontal and vertical surface of the stair nosing in colour contrast with the remainder of the riser and the tread. Handrails for stairs shall • comply with 4.1.12; • be installed on both sides; • be of uniform height, ranging between 865 mm (34 in.) and 920 mm (36 in.) above the stair nosing; • have a continuous inside Gale Centre From a vision perspective the use of glass walls (as pictured right) require some form of indicator on the glass to keep a person with low vision from walking into it. There is not sufficient de- tectable warning surfaces at the top of the stairs. Depth of one tread Visual contrast on top and front face of nosing Figure 4.4.8.1 Detectable Warni g Surfaces at Stairs Page 6 Detectable warning surface at top of stairs and/or landing < -- handrail on switchback stairs; and • extend at the bottom of the stairs for a distance of one tread depth beyond the first riser, then horizontally not less than 300 mm (11 -3/4 in.), at a height ranging between 865 mm(34 in.) and 920 mm (36 in.) above the floor; • extend horizontally at the top of the stairs not less than 300 mm (11 -3/4 in.), at a height ranging between 865 mm (34 in. and 920 mm (36 in.) above the floor; and • return to the wall, or post in a manner that will not obstruct pedestrian travel or create a hazard. 4.4.8 DETECTABLE WARNING SURFACES RATIONALE APPLICATION November 2010 Detectable warning surfaces provide important navigational cues for persons with a visual impairment. These surfaces alert all pedestrians to potential hazards, such as crosswalks or stairs. Suitable surfaces include a change in texture and high colour contrast but should not present a tripping hazard. Detectable warning surfaces should be used consistently throughout a facility. Detectable warning surfaces at walkways, curb ramps, stairs and raised platforms shall comply with this section. Gale Centre depth of each step. At the base of the stairs in the main hallway, the floor pattern is distracting for a person with low vision, potentially causing them to become disoriented. Stairs have a square bullnose which is contraindicated by the FADS as it creates a trip hazard as a person ascends the stairs. This is not only problematic for people with disabilities but also for the elderly and for children. The potential for tripping will increase at times when there is high traffic on the stairs. Each staircase has handrails that allow a person to hold on with either hand. The white color of the handrails is a good contrast for ease of visibility. The rounded shape is comfortable to grasp. At the bottom of each stair, the handrail extends to allow a person to gain their balance before releasing from the rail. While the handrails also extend appropriately at the top of the staircase, there is not sufficient tactile warning on the floor. There should be a 36" area at the top of the stairs that give visual and tactile notification of the change is surface elevation. Elevator: Centrally located in the main hallway is convenient for a person using a mobility device. There is adequate space within the elevator for a mobility device, although maneuverability within the elevator will depend on the number of passengers. Elevator controls are on one wall, however, there are two doorways — depending on the floor the passenger enters will determine whether they are facing the control panel while in the elevator. Rink 1 The main rink had a number of concerns for accessibility. They include: Access into the main rink is via manual doors. Automatic or button controlled entry would make this main attraction area of the Centre more accessible to people who use mobility devices or who do not have the strength to open the large commercial grade doors. Considering the number of accessible parking spaces and the number of wheelchair accessible seating for this facility, and in particular this rink, this is a uncharacteristic oversight. No handrails on stairs — according to City staff the risers in the seating area are not considered stairs because they have a landing at each seat row and have only one riser between each landing. However, from the perspective of comfort and safety of visitors, the main set of stairs near the main entrances would benefit from a handrail where this is a DESIGN REQUIREMENTS November 2010 All textured surfaces used as detectable warning surfaces shall be clearly detectable by walking upon as being different from the surrounding surface. (Refer also to 4.4.15). Note: Applying a paint finish to a concrete surface does not provide appropriate detectability. Detectable warning surfaces shall contrast visually with adjoining surfaces, being either light on dark or dark on light. Detectable warning surfaces at stairs shall • be provided at the top of the stairs and at landings; • extend the full width of the stair for a depth of at least 920 mm (36 in.) commencing one tread depth back from the stair; and • not be more than 3 mm (1/8 in.) above or below the surrounding surface. Gale Centre November 2010 major path of travel versus access to a row of seating. In addition there are two smaller sets of stairs that lead to the rink level and to dressing rooms that do not have railings which, according to City staff, fall into the category of stairs and therefore should have a handrail. The seating areas designated for wheelchair /scooter seating has the Plexiglas edge at a height of 42 inches compared to similar glass protection at other seating areas sitting at 47 inches. The lower glass edge sits at the approximate height of a person seated in a wheelchair making it difficult to view the activities on the ice without distraction. Sectional seating identification placards are placed on the glass in the accessible seating areas around the rink and block the view on the ice. This reduces the number of useable seating spaces available for people who use wheelchairs and scooters. From the upper deck observation area, several of the aisle entrances have an unprotected area that could pose a danger to someone who does not see the drop area. A person watching the activities on the ice and using the drink rail as a guide could easily fall into this area. Proper railings and detectable warning surfaces will reduce potential falls. An observation area has been created at the far end of the rink. This observation area is a series of raised platforms for people to stand while observing the activities on the rink, however, there is no visual cues separating each platform area and there are no railings which could cause problems for a person who may lose their balance while standing for an extended period of time. While this is a concern for people with disabilities it should be a concern for all patrons. Appropriate markings should be added and for safety and the There are a number of areas in Rink 1 where there is a significant change in elevation without proper warning. Barriers need to be installed to keep patrons from failing. Seating sections are indicated by letters affixed to the Plexiglas wall at the top of the viewing area. They are also placed in the middle of the wheelchair /scooter seating areas and will block the view of patrons in the area. Gale Centre addition of standing railings will help reduce the chance that a person could fall from one level to the next. Rinks 2, 3 & 4 November 2010 Standing multi -level observation area in Rink 1 does not provide visual or tactile cues of the significant change in height between each row. In addition, some form of stabilizing railing would allow patrons to rest securely while watching the activities on the rink. Observation areas in the main hall of the centre have been created so patrons can watch the activities on the rink from the warmth of the main building. Drink rails have been installed along the windows and tables and chairs have been added for comfort and convenience of patrons. However similar space has not been created for patrons who use mobility devices who may also wish to observe in the warmth of the main building. This is particularly important for people with mobility related disabilities who may have reduced circulation and therefore have a more difficult time regulating their body temperature while in the air - conditioned space of the rinks. Seating in the smaller rinks has been created by placing a wooden plank on each platform. While this helps insulate patrons from sitting directly on the cold concrete, the raised lip of the plank could be a trip hazard. In addition, the color of the plank is very close to the color of the floor itself, camouflaging the raised area. In the opinion of this author, this is a significant trip hazard for all patrons and for all ages. Changing either the floor color or the color of the plank seating will help give a visual definition of the change in level between rows and the fact that the wooden plank is at the edge of each row. Note from author: during an earlier visit to the Gale Centre with individuals who use manual and powered wheelchairs and scooters, these individuals voiced a concern that on the upper most level of Rinks 3 & 4, which is accessible to them as a viewing area, has the Gale Centre November 2010 potential for their chairs /scooters to fall over the edge when turning around. In particular for those who use powered vehicles, the raised seating plank may not provide sufficient barrier to keep them from falling over the edge. Concessions & Counters Counter heights at the ticket office of the Main Eventarea, the information booth in the main hall and the concession stands on the main floor and the upper level of Rink 1 are all positioned at a convenient and accessible height for people who use a wheelchair or scooter. Staff should be made aware of the barriers they create when they place moveable items such as garbage cans and recycling bins. In more than one area during the audit items were placed in the way of items or services that may be used by a person with a disability. Washrooms (Education /awareness for staff on such items would be helpful For the general public there are two different types of washroom facilities that are offered for people with disabilities — accessible services in the main washrooms (main floor hallway and upper level of Rink 1) as well as two individual accessible washrooms — one along the hallway joining the Main Event entrance (also identified as Rink 1 Dressing Room) to the main hallway and in the upper level of Rink 1. Accessible stalls have been created in both the male and female washrooms . Proper "L" shaped grab bars are used along the side wall with a smaller straight grab bar over the back of the toilet. There is sufficient space within each of the accessible stalls for a person to bring their chair or scooter . Proper space is available to allow a person to transfer from their chair /scooter onto the toilet. Page 10 4.2.2 Toilet Stalls Maneuverability of a wheelchair or scooter is a principal consideration in the design of an accessible stall. Not only is space required for the mobility equipment but there may also be instances where an individuals requires assistance and the stall will have to accommodate a second person. Door swings are normally outward for safety reasons and space considerations, but this makes it difficult to close the door once inside. A handle mounted part way along the door may make it easier for someone to close the door behind them. The increased size of an accessible stall is required to ensure there is sufficient space to facilitate the proper placement of a wheelchair or scooter to accommodate a transfer onto the toilet fixture. Toilet stall doors shall: Be capable of being locked from the inside by a device that is operable with one hand: does not require fine finger control, tight rasping, pinching , or twisting of the wrist and requires a force of not more than 4.9 lbs. to activate. Provide a clear opening of at least 37 1/2 inches with door in the open position. Swing outward, unless additional space is provided within the stall for the door swing. Be equipped with gravity hinges so that the door closes automatically. Be provided with a "D" -type contrasting - colored door pull at least 5 1 /2inches long, on the inside of an out swinging door, located so that the centre line is Gale Centre November 2010 Manual flush valve activation is required on each of the toilets. The manual flush systems should have the flush valve on the same side of the toilet as the transferside. For some people, the ability to twist behind while seated on the toilet and activate the flush is too difficult and therefore they wait until they transfer back onto their chair or scooter. However, reaching across the toilet while seated in their chair /scooter may be too much of a stretch and requires them to be facing into the toilet as it flushes. Automatic flush systems are more convenient for a person with a disability to use. Doors in accessible stalls should automatically swing closed, these do. However, there should be a door handle on the inside of the door so a person can help pull the door closed and to help stabilize the door as they activate the door lock. Controls, (lavatory controls, hand driers, soap dispensers) all were within the appropriate reach range for a person seated in a wheelchair. Although, one hand dryer in the female washroom on the main hallway was at 55 inches versus the maximum height of 48 inches. Baby change tables were provided in the main washrooms, however, there was no signage provided to let patrons know it was there. Visually, the change tables looked like stainless steel plates on the wall and were not easily recognized. The facility had two private individual washrooms. The one on the main floor did not have signage indicating the direction to find it. Patrons who used the main entrance from the front or back of the building would have no idea of its availability or location. Patrons entering using the Main Event entrance will pass by the washroom as they move along the corridor to rinks. The second private accessible washroom was located on the upper level of Rink 1 and was easy to identify once in the space. Automatic doors make entry and exit easy. Lights automatically turned on upon entry. Drop -down grab bars were available in addition to the "L" shaped grab bar on between 7 7/8 inches and 11 13/16 inches from the hinged side of the door . 4.2.3 Toilets Automatic flush controls are preferred. If flushing mechanism are not automated, then consideration must be given to the ability to reach a switch and the hand strength or dexterity to operate it. Strategic placement of grab bars make sitting and standing or transfer between toilet and wheelchair safer. 4.2.5 Urinals A clear floor space is required in front of urinals. Some using wheelchairs can pull themselves up to a standing position. Others may use the grab bar to steady themselves. Floor- mounted urinals make it easier to drain appliances. Flush controls should be lever or automatic (preferred). The urinal shall have grab bars installed on each side, vertically mounted, not Tess than 12 inches long, with the centre line 39 inches above the floor and located not more than 15 inches from the centre line of the urinal. Gale Centre November 2010 the walls beside and behind the toilet. All controls (lavatory controls, soap dispensers, hand dryers) were at appropriate heights for ease of reach for a person seated in a wheelchair or scooter. However, the hand dryer was a considerable distance away from the sink. For a person using a manual wheelchair they would wash their hands and then use their wet hands to maneuver their chair over to the hand dryer. The cost to mover the air dryer closer to the sink may be prohibitive, however, placing a paper towel dispenser near the sink and at the appropriate height will overcome this oversight. Gale Centre Conclusion November 2010 Overall there are some very good accessibility features that were included in the design of the Gale Centre. However, considering this is a brand new build in the City at a time when accessibility is top of mind and knowledge that more stringent legislation is coming forward to benefit people with disabilities there are some obvious omissions. Including: • Signage directing vehicles entering the property to accessible parking, • Proper markings for accessible parking spaces, • Curb cuts at the Main Event entrance, • Appropriate detectable warning areas at the top of stairs, • Proper signage directing people to one of the two private accessible washrooms, • Automated doors into the rinks (only one rink was equipped with an automatic door system), and • Handrails along main paths of travel in the rinks between levels. In addition, there are some design features that cause concern for accessibility, such as: • The layout of the accessible parking spaces requires a person with a disability to travel behind a vehicle to access the curb cut that leads to the sidewalk and back entrance, • Rink 1 accessible seating areas with glass edges situated at eye level, • Rink 1 accessible seating areas with signage placed directly on the glass obscuring the view, and • Lack of stability support for patrons standing in the one section of Rink 1 at the far end and no visual cues between the elevations in this area. And finally, there are some safety concerns, not only for people with disabilities but all patrons who use the facility, including: • Stairs (Main Event entrance and main hallway) with square bull nosing that could become a trip hazard, • The floor pattern at the bottom of the stairs in the main hallway could be distracting /disorienting as a person descends the stairs, • Inadequate visual and tactile markings at the top of stairs, • Drop areas that are unprotected along a main path of travel in the upper observation area of Rink 1, and • Trip hazards in Rinks 2, 3 & 4 created by plank seating that has poor visual cues of its location or change in elevation between rows. It appears there is need for continued; education that (1) the Ontario Building Code does not meet the needs of people with disabilities and therefore should not be referenced when discussing issues relating to accessibility, (2) the City has adopted the Facility Accessibility Design Standards as the criteria for all new public facilities and therefore must work with contractors to meet these design standards during the design and construction phase of a new build. Correcting signage or the Markings fora parking space are a simple fix after a building is completed. However, cutting into cement to create curb cuts, while doable, is an unfortunate added expense that should have been done upfront. Stairs, on the other hand, once built are much too costly to correct. While the square bull - nosing may seem insignificant, it will be problematic for an aging population and is every bit a part of accessible design as curb cuts and elevators for people who use wheelchairs. The author has visited the Niagara Falls Convention Centre in early December 2010 while the building was under construction. It was too early for most accessibility issues to be reviewed; however the following was noted on the first visit. 1. Parking spaces were too narrow (measured: 15 feet) creating the potential for one vehicle to block access to the ramp or lift mechanism of the second vehicle. a. The actual designated parking space can be as narrow as 8 feet, however there must be a defined aisle way (8 feet) separating the adjoining parking spaces and clearly marked as a no parking area with painted hash -marks on the lot's surface. Therefore within a 24 foot span, two fully accessible parking spaces can be created. b. The defined aisle ensures that vehicles do not park too close to one another creating the potential of one vehicle impeding the operation of a lift or ramp mechanism of a second vehicle. 2. Parking lot transitions from sidewalks onto the asphalt; any surface edge with a blunt edge more than 1/2 inch is to be ramped /sloped. Portions of the parking lot were considered to have had their final grade, but the transition from concrete to asphalt was greater than 1/2 inch in a number of areas. a. A small transitional height difference between curb cut area and asphalt should be 3/8 to 9/16 inch in order for a person using a cane as a visual aid to perceive the transition from the safety of the sidewalk to the roadway. In other words, the smooth transition useful for a person using a wheelchair should not negate the need of a person with a vision related disability. b. The detectable warning surface at the curb cut should indicate the full width of the curb cut area, the actual markings only partially line up. The markings should be horizontal to the curb edge and have a 5 7/8 to 7 7/8 inch smooth transition before the curb edge to indicate final foot placement before leaving the safety of the sidewalk. 3. Glass around the doorways (creating the vestibule of the main entrances) appears to be of single panels of glass from floor to ceiling, could allow people with low vision to walk into them. 4. The glass wall in the upper reception area also creates the same safety concern, in fact more so, since the design of the glass in the reception area is sloped. 5. The prism effect on the floor of the main hallway, while attractive, could potentially be Niagara Falls Convention Centre Sterling Frazer Associates December 2010 Page 1 disorienting to people with low vision who use light sources to be their guide in way finding. Similarly, glare off the floor is a common problem when there is a high sheen from wax or floor polish — a feature that should be considered before the final floor surfaces are installed. 6. Washroom facilities. a. The use of completely separate washrooms creates a sense of differentiation between patrons. New facilities should be striving for Universal Design to remove barriers and remove differences between people based on their cognitive, sensory and physical abilities. Universal Design is a far more accepting design practice and preferred over accessible design. b. Separate washrooms have their place and do offer conveniences; in particular when a personal attendant is present, the separate washrooms offer greater privacy. However, unless clearly marked, most people will attempt to use the main washrooms first, only to discover they are not accessible. i. Clear signage will be necessary for patrons to identify where the accessible washrooms are located. ii Separating accessible amenities creates the potential of line -ups for the facilities. For example, a male patron who uses a wheelchair and who otherwise could be using a urinal equipped with grab bars in the public washroom, but with the present configuration, this same individual may now need to line in the queue to use the individual washroom. At most large gathering events, men are able to use the services at a much faster rate than their female counter parts that require the use of a stall — the same scenario is now created for people with disabilities because of the individual washrooms. c. The main washrooms are designed without doorways, creating easy flow in and out of the rooms, however, the accessible washroom have doors. While pipes and electrical were clearly in place at the time of this review, there appears to be no automated doors to the accessible washrooms, creating a barrier to what should be a barrier free amenity. The author was present when early designs were presented to the Mayor's Advisory Council on Disabilities where it was clearly stated that washrooms should either have no doors or if doors were to be included in the design, they needed to have automated door openers. Unfortunately this appears to have been overlooked. i. Section 4.2.7 of the Facility Accessibility Design Standards does state for individual washrooms "be provided with a power door operator, where the door is equipped with a self - closing device." 7. Stairs. The stairs to the upper levels have square bull - nosings. This creates a potential trip hazard for anyone who uses them, but more so for the elderly or any person who may have limited lower body strength — for example, a person who had a stroke may drag their affected foot. Elevators and escalators within the facility provide options for most people who will be travelling between floors, but in an effort of creating a fully accessible experience, it is unfortunate this design has been incorporated in the main staircases. Note, the entrance stairs do not have the nosings and are more appropriate for an accessible facility. Sterling Frazer Associates Niagara Falls Convention Centre December 2010 Page 2 a. While the floors of the convention centre were not finished at the time of the audit, it is worth noting at this stage of development there should be plans to incorporate proper detectable surface markings at the top of the all staircases and escalators. This includes a detectable surface that extend the full width of the stair for a depth of at least 36 inches commencing one tread depth back from the stair. The approach of the author has been from two perspectives (1) the Facility Accessibility Design Standards as they have been accepted by both the Region of Niagara and the City of Niagara Falls, and (2) practical application of design standards and features as they relate to real life experiences of people of various disabilities. For example, the FADS state that if alternative options are available to transition between levels of a building, such as an elevator or escalator, it may not be necessary to follow the design standards for stairs. However, with an aging population on the increase it is recommended that every aspect of the design should incorporate safety issues for the elderly as well as that of people with disabilities. The elderly have disabilities that they often have not come to grips with and therefore do not identify themselves as part of the disability community; however, their needs and safety concerns are equally important. The key to successfully meeting the needs of all patrons is Universal Design where the needs of all are considered. A person using a wheelchair will face the same barriers as a young parent with a child in a stroller or a business person pulling a wheeled suitcase /briefcase. A person who is deaf or hard or hearing will face similar barriers to a person trying to hear a presentation in a noisy conference hall. A person with low vision will face the same barriers as a patron who is distracted by the goings on around them and therefore may not see a surface transition or clear sheet of glass. Some of the above can be easily fixed at little cost — for example, the parking spaces. In fact, with the above suggestion, there is potential to create additional accessible parking spaces without adjusting the overall footprint of the accessible parking area. While this author disagrees with only providing individual washrooms, there are advantages to offering them as a supplement to the standard accessible facilities within the public washrooms. However, unless automated doors are incorporated in the design, any part of the accessible experience will be marred by having to manually operate the doors. An early visit to the facility was beneficial. It has identified some accessibility issues before the public has access and should reduce the cost of correcting the issues if the facility is to be a positive experience for the disability community. Additional reviews will help identify the areas where accessibility is often overlooked — the finishing touches such as hand rails, window markings, floor finishes, placement and style of washroom fixtures, to name a few. Sterling Frazer Associates Niagara Falls Convention Centre December 2010 Page 3 About the author: Brian Kon has spent 30 years advocating for people with disabilities through better design. As General Manager of the Canadian Aging and Rehabilitation Product Development Centre (Winnipeg, MB), president of AZtech Inc. (Buffalo, NY) and owner of Sterling Frazer Associates (Niagara Falls, ON) he has performed thousands of focus groups with people with disabilities, their care providers, health care professionals, designers, engineers and manufacturers throughout North America in order to better understand the needs of people with disabilities and the elderly. Mr. Kon has been a consultant to the US government departments of Defense and Education, National Institute of Health, National Science Foundation and agencies such as NASA as well as several centres of excellence at Universities throughout the USA specializing in the disability community. He currently provides sensitivity and awareness training about minority populations (including people with disabilities) and performs building audits for accessibility for people with disabilities. Mr. Kon was one of the authors behind the Accessibility for Ontarians with Disabilities Act standards on Customer Service. Mr. Kon has a personal connection to the disability community with family members with cognitive, sensory and physical disabilities. He himself is a person with Tourette Syndrome and therefore deals with barriers and stigma of living with a disability on a daily basis. Personally and professionally Mr. Kon has been surrounded by people with various disabilities and has experienced their needs and challenges as they work, travel and socialize — providing an intimate knowledge of all types of disabilities in a variety of settings. Sterling Frazer Associates Niagara Falls Convention Centre December 2010 Page 4 -. >.:. . ^, ::. ..' °. - Handle mounted on accessible washroom doors to assist with closing from the inside . , >v i . w•'i' - City to Install handle In all accessible stalls .. ., .. _., .. ; - Acton reouued "'l."' r . _.. ... _..._ �,. .. _... City SH ... Complete �a>�t �_r,. X _<_ 7'T,:Ar: - Adding slgnage for baby change station - Cey to install slgnage idenerying oaby station - Ac bon req City RM Complete X - Urinals to have grab bars for access - City to install grab nays (1 per a: h oom) ''t n required ® City ®RM City -IIIIIE-- SH SH RM Complete Complete Comple Complete X X III - Add paper towel dispenser closer to sink In accessible washrooms - Proper slgnage directing to accesstble washrooms - City to tnsfiall p t e towel dispensers - Signage has been added since time of audit - City to order addtionaI tables and chairs to be located 0015100 viniwtng areas 1101 eq pp d unt'n dr r k raps t t rn fe red - Action not rep oore d - Action reouued - Tables In observation area of main corridor not at accessible hetght __.. ....� .. __... .. _.._. _._ __._.. .. _.... .... _......... _ _ _ _ __ - Accessible parking directional slgnage from Fourth Avenue - City to add appropria slgnage - Action req Clty RM Complete X - Proper markings for accessible spaces ___..... _.. _. -Curb cuts at main event entrance - City to revise r e sting slgnage and markings as per audit comments - Curb cuts were established al the front entrance and the accessible parking areas and are considered adequate access Additional curb cuts cannot be constructed due to potential Interference with the underground glycol piping system that provides heat for snow removal - Current accessible parking was designed to provide access to the front doors Which also has ticket booth access - Sidewalks are level with the parking surface to further accommodate accessibility - Meeting has taken place with Ire oa ebng contracto, . boating fur dry weather to proceed - VVOrk to be complete by the end of June City RM Ordered Ordered X X - Layout of accessible parlang at back entrance - Appropriate warning areas at top of stairs - Curb cut provided in 2 locations, additional curb cuts cannot be constructed due to potential interference with the underground glycol piping system tnat .rovides heat for snow removal - City to add detective stripping at several areas a5 well as behind plank seating in rinks 53 & 54 - Curb cut currently exists between spaces Line painting to be revised to include unloading area between spaces No additional curb cuts recommended - Action rep red 36 otches morn lop of step City SH C omplete X - Automated doors Into rinks - City to install automatic doors Into Rlnk 51 second floor and Rink 52 main floor - Ordered installation by the end of May City SH Ordered X N1 iagara . it /is GALE CENTRE ACCESSIBILITY DEFICIENCIES Flandfall s along ma '. n path of travel between levels - Secunty and access railings to be i nstalled in nnks #1 & #2 - main stairway rall In Rmk #1 has been installed since time of audit - Action req,med City SH Complete - R. nk 1 accessible seating glass height - Glass he ght I n rank #? I s a safety feature for accessble and other fachity patrons The height can be adjusted only slightly and may effect the vision of people of different heights m or out of a wheelchair or scooter -racoon Required. Coy staff to rase heigft by t inch to rau w ohm f ADS gwdel r es City SH Complete % - Rink #1 section signage - Section signage to be removea from accessible areas and replaced wdh signage to be mounted to poles - Action re quited Ci ty RM Complete X - Lack of stability in one section of Rink 91 - Seats have been installed In this section - Action not required Cit RM Complete An accessibility site audit of the Scotiabank Convention Centre Niagara Falls, Ontario March 2011 Prepared on behalf of The City of Niagara Falls Accessibility Audit of the Scotiabank Convention Centre on March to, 2011. On the day of this site audit, the building was still under construction and not all areas to be evaluated were installed or complete. As a result, much of this report will be generalized observations of the building at the time when the audit was performed. It is widely known, and becoming increasingly accepted, that the Ontario Building Code does not provide enough information for designers and builders to properly create environments inclusive of the disability community. Therefore more and more communities across Canada are accepting the Facility Accessibility Design Standards (FADS) as the minimum of what should be built into new construction or used to modify existing environments that are being renovated or upgraded. This review is based on the FADS 2005, which was the accepted document by the City of Niagara Falls at the time the contract was awarded to design and build the new Scotiabank Convention Centre. Throughout the FADS there are references to the independence and dignity of a person with a disability. The preference of the disability community is integration into society, not segregation. Removal of barriers provides both. The goal of any organization that invites the public to their facility should be an experience that allows a person to maintain their dignity regardless of who they are. Creating an environment that benefits a person with a disability has advantages to all who visit the convention centre. People who do not typically associate themselves with the disability community benefit from an accessible environment. An automated door, level entrance, or ramp provide benefits to a person using a wheelchair, as well as a parent travelling with children who may be in a stroller or carriage, and will also benefit the conventioneer who is traveling with their luggage, convention materials or tradeshow supplies. Please note that reference to convention centre staff in this report refers to anyone who participated in the tour on March lo other than the auditor, his assistant and the City's representative. Also note, there are many positive features in this facility, however, the focus of this report is to highlight areas that can hopefully be corrected to enhance accessibility before the official opening to the public. EXTERIOR The walkway along the side of the convention centre is paved concrete with sections of black Change in surface color and texture often benefits a person with low vision by identifying change, for example, it can indicate an entrance or change in elevation of the ground. However, the benefit to a person with low vision as it is used at the convention centre creates a mixed message — it does identify doorways but also is used for aesthetics along the path of travel. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 2 "tile" imbedded in it. The design (alternating concrete with sections of black tile) is evenly distributed along the pathway and coincides with the entrances along this side of the building. For people with vision - related disabilities, the black surface is a good indicator of the doorways; however, it is also used as part of the overall exterior aesthetics which reduces its benefit to the disability community. There are sections where the black tile inserts are raised above the rest of the pathway and create the potential of a trip hazard. One section that was measured had a raised surface of inch, according to the FADS only a'/ inch transition is acceptable or must be sloped to accommodate the change in surface height. Uneven surfaces create a potential trip hazard along the pavement used as the main area to enter the building. Benches along the exterior of the building along the road provide a place for people to sit and wait for a taxi or their ride to pull up. This is useful for those who cannot walk the distance to the parking lot from the building by giving them a place to rest while waiting. FADS 4.1.5. Entrances: Design decisions concerning doors will have a direct influence on the independence and dignity of everyone entering or exiting a facility. Features such as canopies can limit the influence of weather conditions on this already busy area and also make an entrance more obvious to someone with a cognitive disability or someone unfamiliar with the facility. A representative of the convention centre has indicated that every external door along the main side of the building for public use will now be fitted with powered door openers. If this is employed, the design will exceed the requirements listed in the FADS. However, at the time of this audit, only the entrance closest to Stanley Avenue had wiring for the inclusion of these openers. While technically, the (Stanley Avenue) entrance size and spacing between doors is appropriate, the placement of the accessible door opener is insensitive to the user of this technology. At this entrance there are six doors side by side. The ramp is located in line with door "One" but the door opener has been placed at door "Six ". This means that a person entering the building who requires the ramp to reach the main level, after using the powered opener to enter the building must then travel across the pedestrian traffic flow to reach the ramp as it is on the complete opposite side of the entryway. ENTRANCEWAYS Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 3 A person seated in a wheelchair is physically lower than a person who is standing and unfortunately it is common for people using wheelchairs (or other mobility devices) to be overlooked in a crowd because they are below the sight line of the general public. Add to this mix the fact that visitors to this facility will be looking ahead to the stairs they must use to reach the main level, it will become more difficult for a person in a wheelchair to be noticed as they cross the traffic flow to reach the ramp. When questioned about the design of this particular entrance, a representative from the convention centre pointed to the fact that the side of the entrance way that is in direct line to the ramp is a glass wall and therefore an accessible button "could not be added ". Unfortunately, it appears that design aesthetics took precedence over consideration for the disability community. However, placement of a post for accessible door openers is commonly used in other building designs – albeit usually in retrofit situations, therefore it is strongly recommended that the accessible button be relocated to allow a person using this entrance have direct access through the door to the ramp. It is surprising that a new building has not used automated door openers to benefit everyone who enters the building. Grocery and departments stores have offered infrared sensors or floor pressure sensors to their patrons for years. Each door into the building (used by the public) has a double set of doors in tandem to enter or exit the building. The space between the doors creates a vestibule that is used to help control the climate of the building and does provide sufficient space to accommodate a person using a mobility device. However, the glass walls used to enclose this space create a potential safety hazard for people with low vision who may walk into the glass. According to the convention centre staff, these glass walls will be marked to provide a visual notice of the glass. FADS 4.1.8 WINDOWS, GLAZED SCREENS & SIDELIGHTS: Fully - glazed doors and sidelights at exterior entrances or vestibules, as well as fully - glazed interior doors, screens and sidelights shall be clearly identified with a horizontal row of decals, or a continuous stripe, minimum 50 mm (2 in.) wide and of highly contrasting colour, mounted with its centre line between 1475 mm (58 in.) and 1525 mm (60 in.) from the floor or ground. Additionally, a second row of decals, or a continuous stripe, a minimum 50 mm (2 in.) wide and of highly contrasting colour shall be provided, mounted with its centreline between 1170 mm (46 in.) and 1220 mm (48 in.) above the floor or Large walls of glass create a potential hazard for a person with low vi- sion who may not realize they are walking towards glass. In particular, a person with low vision will be focused on the brightness of outside and will not necessarily be looking to the glass wall in front of them. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 4 ground. Where decals are used, they shall be located at a maximum of 150 mm (5 -7/8 in.) from centre to centre. The decals can either be 50 mm (2 in.) square or round, and /or of a special design (e.g., a logo) provided the solid portion of the decals provides a high colour contrast and is easy to identify by persons with a visual impairment. Where etched or patterned glass is used, decals or stripes of a highly contrasting colour shall still be provided. Where frameless glass vision panels are used, exposed edges shall be identified with a vertical safety stripe, applied to cap the ends of each exposed glass panel. INTERIOR PATH OF TRAVEL The interior ramp (Stanley Avenue entrance) is at the maximum length allowable for a single continuous span. FADS 4.1.9 Ramps: Ramps shall have level landings at the top and bottom of each run and also where the ramp changes direction. The maximum horizontal length between landings shall not exceed 9 m (29' -6 "). The surface of ramp was dusty from construction at the time of this audit but the surface appears that it could be slippery when clean. There are metal cross pieces embedded into the surface that may increase the traction, but overall the surface should have been designed with a finish that provides better traction than what this appears to offer. The handrails were mounted at a correct height from the floor (36 inches) and provide appropriate distance between them (40 inches). However the shape of the handrail is not a comfortable grip. The flat square surface on the railing is less comfortable to grasp, in particular if the person using a wheelchair is using the railing to propel their movement. Flooring in the hallways of the public areas is carpeted with a low pile carpet. This is sufficient to allow a person to use their wheelchair without too much difficulty. From what could be determined at the time of the audit (not all surfaces were completed), there is sufficient contrast between the floor, walls and other encumbrances within the flow of people traffic. Metal slats inserted in the surface of the ramp may im- prove traction. However, it was noted that the slats are at different depths some of which have the potential to trip a person using the ramp who walks but drags their foot. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 5 However, the stairway that leads to the reception area on the second floor (parallel to Stanley Avenue) has a space under it that is a safety issue. The design has placed a barrier (railing) around the lower section of the stairwell to reduce the incidence of someone hitting their head on the underside of the stairs, however, the distance from floor to under the stairs at the railing only provides 73 inches of clearance, where the FADS recommend 82 inches. FADS 4.1.3 Protruding & Overhead Objects: The minimum clear headroom in pedestrian areas, such as walkways, halls, corridors, passageways, or aisles, shall be 2100 mm (82 -3/4 in.). A detectable guard: a guardrail or other barrier having its leading edge at or below 680 mm (26 -1/2 in.) from the floor shall be provided where the headroom of an area adjoining an accessible route is reduced to less than 2100 mm (82- 3/4 in.). Railings on all stairwells are at an appropriate height from the floor. They provide an extension at top and bottom of the stairs that extend out onto the flat surface providing a person the ability to gain their balance before releasing their grip on the handrail. As with the ramp railing it is unfortunate that a small flat handrail was used because it is more difficult and less comfortable to grasp. (Above) The railing that should create a barrier to protect a person from hitting their head on the underside of the stairs does not provide enough head- room. (Below) Extending the railing at top and bottom of stairs allows a person to gain their balance once on level ground before letting go of the railing. As mentioned previously the vestibules at the entranceways create a potential problem if the glass walls are not properly marked to signal their existence within the path of travel. Similarly, doors on the second floor were made of glass and could create the same hazard. And, the sloped glass wall in the upper level reception room is anticipated to be an area where many heads hit the glass if not Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 6 properly marked. The elevator and escalator were not evaluated during this audit. WASHROOM FACILITIES It is unfortunate the washroom facilities have been completely segregated rather than incorporating a design that provides accessible features within the public washroom. Offering the separate washroom as an option is an appropriate benefit for some people, for example, when an attendant is of the opposite gender of the person they are assisting. However, the situation created within the convention centre is complete segregation based on perceived physical ability and, in the opinion of this reviewer, is a step backward for the disability movement who prefer to be part of society rather than a separate category within it. Segregated washrooms create a dilemma for a person with a physical disability — which washroom do they use? For example, a man who uses a wheelchair may still prefer to stand to use a urinal. Will the men's public washroom be designed to allow a person using a wheelchair to independently stand and use the urinal? Will grab bars installed beside the urinals? Will he be able to get his wheelchair /scooter into the washroom? Which washroom facilities will a person using a walker use? Which facilities will a person using a scooter use since these people often have the ability to walk? (As do many people who use wheelchairs.) People with disabilities are individuals with varying abilities, they should not be lumped into a single category. Segregated facilities mean they may have to investigate what resources are available and may have to look for the other facilities down the hall to accommodate based on their ability. Accessible public washrooms, on the other hand, accommodate the differences in one room —there are no decisions that need to be made. In order to compensate for this design decision (segregation) there needs to be dear signage throughout the facility indicating the location of these accessible rooms and proper signage leading a visitor to the location. What policies or practices will the conven- tion centre employ to ensure the accessible washrooms are available to people with disabilities? Locking the doors and requiring the person to find a staff person to open the door has already proven unacceptable at the Casino. How will the public know the difference between the five accessible washrooms with powered door openers versus the other five accessible washrooms without powered door openers? Past experiences has demonstrated the pub- lic will use the private washrooms if they are available, increasing the wait time of a person who may already be compromised because of their disability. Separate facilities mean that a group travel- ing together may have to split to go to sepa- rate washrooms rather than stay together. Most facilities have moved towards making their washrooms more accessible, even if it is a retrofit situation. Therefore a person with a disability who is in a new facility will automatically assume they are looking for public washrooms. They may even pass by the private washrooms in search of the main facilities. This will create added time and travel to their experience of using the wash- room facilities. What are the political ramifications of sign - age in a brand new facility stating that the public washrooms are not accessible? As noted in the main body of this report, it has to be posted to reduce confusion. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 7 Signage should also be added at the public washrooms' entrances indicating they do not contain accessible amenities and direct the person to the nearest location where they are available. This signage should be on the outside of the washroom to reduce the number of people who work their way into the public washroom only to find they cannot be accommodated. Since the audit last fall, the convention centre has decided to accommodate the disability community by making 1/2 of the individual washrooms accessible by including automated door openers. The cost and embarrassment of adding these services after the public opening will be more costly and harmful to the reputation of the convention centre and to the City of Niagara Falls. At the time of the audit these washrooms were not completed, there were roughed in electrical outlets on the wall inside the washroom that were assumed by the auditor to be the wiring for the door openers, however, those outlets (according to convention centre staff) are for the hand dryer. If these outlets are for the hand dryer the placement of the power door opener may be compromised. Overall the amenities within the accessible washrooms appear to meet the minimum requirements of the FADS. The two grab bars are the correct style and placed appropriately. The toilet tissue dispensers were not mounted at the time of the audit. It is important to place these so a person will not lose their balance when reaching for the paper and not to interfere with easy access of the grab bar. The toilet flush system is an automated sensor eliminating the need for the user to twist or turn to activate. Sink height is appropriate and provides enough clear knee space on the underside for a person using a wheelchair to access. It is recommended that the drain pipes under the sink be insulated to reduce the chance a person can be burned by hot water. OTHER AMENITIES Water Fountains are placed at an appropriate height and are of a design that allows for easy access of a person using a wheelchair or other mobility device. The push button strike plate to activate the water flow is large and should be easy to activate. Counter height at the coat check is adequate to accommodate a person using a wheelchair. The counter surface was not finished at the time of the audit but it appears that a person in a wheelchair accessing this service can do it by reaching to their side to reach the counter. The lowered counter of the information desk also is an appropriate height and provides sufficient space under the counter for a person using a wheelchair to pull directly under the counter and access services face on. Door handles that were observed in the upper level meeting rooms were lever style which increases accessibility for anyone with limited hand dexterity. Contrast between the doorframes and walls provide an visual indication of their placement for a person with low vision. Signage that was in place had decent contrast in keeping with the overall color palette for the facility. Proper lettering (sans serif) and size help make it easier to read. Where possible, universal signs should be used for way- finding, listing services and amenities and for security /safety. A public Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 8 address system that includes visual cues (flashing lights) will benefit people who are deaf in the event of an evacuation. The parking lot was not evaluated during this visit because no changes have been made since the last visit. However, at this time, the reviewer photographed the parking habits of people who are currently using the accessible spaces. You can see in these photographs that people will often park along the line of a parking space, even when it is an oversized parking space. This emphasises the fact that without proper aisle ways marked to separate the spaces, there is the potential that one driver may inadvertently block access to another vehicle. CONCLUSION The following recommendations are being made based on site audit of March 10, 2011: 1. Remove trip hazards along the outside walkway. 2. Ensure all public exterior doors do have powered door openers as promised at the time of this audit. 3. At the entrance closest to Stanley Avenue move the powered door opener to be in line with the ramp. 4. Move the barrier under the stairwell (near Stanley Avenue ) to provide headroom clearance of a minimum of 82 3 /4 inches. 5. Add markings to all doors and windows that create a potential hazard for people with low vision. 6. Signage throughout the facility must include universal symbols. 7. Add proper signage for locating and accessing accessible washrooms. 8. Add powered door openers on all accessible washrooms. 9. The "accessible washrooms" are wheelchair accessible. Ensure that accessible features are incorporated into the public washrooms for those people with disabilities who do not need wheelchair accommodation. For example, all washrooms must have lever style door handles in absence of powered door openers. Grab bars mounted beside urinals. Proper door swing and force required to operate manual doors. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 9 This report was prepared by Brian D. Kon, March 17, 2011. Mr. Kon is an independent accessibility consultant who currently sits on the Niagara Falls Mayor's Advisory Council on Disability and the Niagara Regional Accessibility Committee. He has worked with the Ontario Government developing the Customer Service Standards under the Accessibility for Ontarians with Disabilities Act (AODA). Mr. Kon is recognized in Canada and the United States as an industry expert on issues relating to the needs of people with disabilities. He is a consultant to the USA Department of Education, and has consulted with the Department of Defense, National Science Foundation, National Institute of Health and NASA. His research about the disability community has been used by universities and businesses around the globe. Scotiabank Convention Centre — Niagara Falls, Ontario Facility Accessibility Site Audit March 10, 2011 10 (5/24/2011) Dean lorfida - Fw: FADs for the NCCC From: Pino Antilope <PAntilope @bondfield.com> To: <sfelicetti @niagarafalls.ca> Date: 12/29/2010 11:02 AM Subject: Fw: FADs for the NCCC FYI Pino Antilope, C.E.T. Project Manager E: PAntilope @bondfield.com From: Pino Antilope To: Coates, Reg Sent: Thu Dec 23 14:31:14 2010 Subject: FW: FADs for the NCCC Reg, Thank you, This e -mail transmission is strictly confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential information and if you are not the intended recipient, you must not copy, distribute, or take any action in reliance on it. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE NOTIFY US AS SOON AS POSSIBLE AND DELETE IT. For your information, please find the below correspondence from CS &P pertaining to the recently received report provided by your firm on behalf of FADS based on their review of the building. There will be corrective measure taken for the stair landings as well as the glazing at this time. The Handicap parking line painting will be completed in the spring due to weather conditions. There are items noted that the consultants have identified as being above and beyond the requirements of the contract and therefore will not be carried out without a change order in place. If you have any questions please contact me at (416) 667 — 8422. Page_1 1 (5/24/2011) Dean lorfida Fw FADs for the NCCC Page 2 From: Susan Lewin [mailto:slewin @csparch.com] Sent: Friday, December 17, 2010 6:07 PM To: Pino Antilope Cc: nlandry@stanforddowney.ca; Francisco Medina Subject: FW: FADs for the NCCC Hi Pino, Following is our response to the accessibility report: • Bullnose on exit stairs: the bullnose as built projects 1" or 25 mm, as per FADS. • Public Exit Stairs: Contrasting surface is provided at the edge of treads. Refer to Details 7003 for exit stair tread details. Contrasting colours at top of flights, bottom and landing to be provided. • Public Main Stair: Contrasting surface is provided at the edge of treads. Refer to Details 7002 for exit stair tread details. Contrasting colours at top of flights, bottom and landing to be provided. • Auto doors near parking entrance: Provided at NW entrance nearest parking. • Auto doors on accessible washrooms: this is not a requirement of FADS. This was brought up at the accessibility meeting on July 7th, 2009, as a request to be investigated. The request was investigated and CN 4 was issued but the decision was made not to implement by the owner due to cost. • Wheelchair parking: we recommend that a line be painted to create an aisle. This aisle could be shared with 2 parking spaces, as per the attached sketch. There is room to accommodate these extra painting lines within the existing HC parking layout so no parking spots are lost. Refer to SK -1 and SK -2 attached. • Curb ramps: the FADS calls for a `smooth' transition but does not define it. We feel a small bump is acceptable, and as our interpretation is that the curb ramps meet FADS. • Full height glass screens at Vestibules: Refer to Drawings 9004 and A905 attached for information on decals to be applied. Regards, Susan Lewin i (5/13/2011) Teresa Fabbro - RE: 1812 -- resolution Page 1 From: Wendy Canavan To: Kerry.Mitchell @international.gc.ca CC: Clark Bernat; Dean Iorfida; Karen Kitney; Kathy Moldenhauer; Serge F... Date: 5/12/2011 1:06 PM Subject: RE: 1812 -- resolution Mon May 16th is our next Council meeting, the next day staff begins working on the Mon May 30th Council agenda, so we maybe able to inform you by the end of next week if the resolution has been included on the City of Niagara Falls Council agenda. I will follow up with our City Clerk next week and will advise you by the end of the week if you could add this information into the speech being given by the Niagara Legacy Council Sat May 21 2011 event in NY where Mayor Paul Dystra will be introducing the Senator. Wendy Wendy Canavan Economic Development Officer City of Niagara Falls 4310 Queen St. Niagara Falls, ON 905 356 -7521 ext. 5002 wcanavan @niaoarafalls.ca »> < Kerry.Mitchell @international.gc.ca> 5/12/2011 12:55 PM »> Thanks for the update Wendy. Do you think that it would be possible to ensure and hence announce that we have a date for Council to consider it ?? K From: Wendy Canavan Jmailto :wcanavan @niadarafalls.cal Sent: May 12, 2011 12:54 PM To: Mitchell, Kerry -BFALO -GR Cc: Serge Felicetti Subject: Re: 1812 -- resolution Sorry Kerry, the resolution has not yet come to Council. I forward the resolution copy that you emailed yesterday to Clerk (Sr. Staff) and I will advise you when it comes onto the Council agenda /adopted spring 2011. Wendy Canavan Economic Development Officer City of Niagara Falls 4310 Queen St. Niagara Falls, ON 905 356 -7521 ext. 5002 wcanavan @niagarafa I ls.ca »> < Kerry .Mitchell @international.gc.ca> 5/11/2011 3:22 PM »> Kerry Mitchell Manager Political /Economic and Public Affairs Canadian Consulate General 3000 HSBC Center Buffalo, New York 14203 tel: 716/858 -9581 mitnet: 469 -3251 fax: 716/852 -4340 mitnet fax: 469 -3900 e -mail: kerry. mitchellto '�,international.gc.ca Niagara 10 War of 1812 Whereas the War of 1812 represents a seminal period in the process of nation building in both the United States and Canada; and Whereas the cross - border Niagara region was at the frontline of the War of 1812, with decisive battles both on land and lakes reporting the greatest number of casualties and the longest continual period of conflict; and Whereas the War of 1812 significantly effected civilian populations on both sides of the Niagara River, especially when the flames of war burned British - Canadian, American and Tuscarora settlements along the Niagara River in December of 1813; and Whereas this conflict involved and impacted the Native Americans /First Nations in both countries and throughout the Niagara region; and Whereas many citizens and soldiers acted with great gallantry and personal sacrifice to protect their homes and countries; and Whereas the Niagara region maintains many cemeteries that are the final resting place for combatants and veterans of the War of 1812; and Whereas the Niagara region retains three forts and numerous historic and battle sites from the War of 1812; and Whereas from the death and destruction of the War of 1812 was born a spirit of cooperation and a vision of Peace between the United States and Canada; and Whereas the unparalleled cooperation, prosperity and friendship that developed between the United States and Canada since the War of 1812 find their deepest roots and daily expressions in the cross - border Niagara region; and Whereas the history of Niagara is rich in stories of peace and freedom, binational exchange, cooperative endeavor and neighborly goodwill; and Whereas, the bi- national coordination for this commemoration is being led by the Niagara 1812 Bicentennial Legacy Council; and Whereas the Bicentennial of the War of 1812 offers an exceptional opportunity to acknowledge and celebrate the true and lasting legacy of 200 Years of Peace along the Niagara and between the United States and Canada; and Therefore be it resolved that City of Niagara Falls, Ontario, Canada joins with the ten (10) other Niagara municipalities to officially designate the cross - border Niagara region as an International Corridor of Peace and Cooperation. Mayor James M. Diodati & Members of Council May 30, 2011 May 20, 2011 Mr. Dean Iorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 dmiclights NIAGARA FALLS * ONTARIO * CANADA RE: Canadian Veterans National Rendezvous — Fireworks Request Dear Dean: The CAA Winter Festival of Lights is planning to hold a fireworks display in the empty field behind the Gale Centre on Saturday, July 9, 2011 as part of Canadian Veterans National Rendezvous. As such, we are requesting City Council approval and your assistance in securing approval of the landowner. The Festival is utilizing the services of David Whysall International Fireworks; the same firm used by the Festival for its winter fireworks and The Niagara Parks Commission for the summer fireworks displays. The Festival is properly insured for this and will add all concerned parties as additional named insured. Should you have questions please contact me at 905 374 -1616 x. 46. Sincerely, CAA WINTER FESTIVAL OF LIGHTS Dino Fazio General Manager Cc: Mayor Diodati David Whysall Heidi Werner, WFOL NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -20 2011 Property Tax Rates RECOMMENDATION That Council approve the 2011 Property Tax Rates. EXECUTIVE SUMMARY The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2011 General Purposes Budget was approved on April 4, 2011. The annual general levy of $51,277,139 was approved at this time. The City's tax rates included in this report reflect the approved general levy. The regional, school and waste management rates have been provided by the responsible level of government and are also included in the schedule. BACKGROUND The Regional Municipality of Niagara has approved the 2011 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2011. The City is now in the position to establish its tax rates and to proceed with the Final 2011 Billing for the non capped property classes. This report provides for Council, the City's 2011 property tax rates. FINANCIAL /STAFFING /LEGAL IMPLICATIONS F- 2011 -20 May 30, 2011 The 2011 tax levy is $51,277,139 ($47,586,517 for 2010). The General taxation portion of this total levy is $44,495,798 ($41,310,097 for 2010); the Urban Service Area taxation portion is $6,781,341 ($6,276,420 for 2010). Corresponding tax rates based on these levies are provided in Table 1. The effective tax rates are 1.41% higher than the rates approved for 2010. The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has provided the costs of this service for 2011 to the City while the municipality has included an allowance for write -offs due to assessment appeals. The annual cost used to determine the rates for 2011 is $6,674,348 ($6,739,580 for 2010). To fund this expense, the City collects the taxes from the residents using a separate tax rate. Table 2 provides a comparison of the waste management tax rates used in 2010 to the recommended rates for 2011. May 30, 2011 - 2 - F- 2011 -20 The Appropriations and Levying By -law are prepared for Council's adoption, should Council approve the recommendation. This By -law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By -law shows the summary of tax rates for each classification and for all levies. LIST OF ATTACHMENTS Table 1 Table 2 Recommended by: Respectfully submitted: Tax Rate - City of Niagara Falls Waste Management Tax Rates - City of Niagara Falls Todd Harri .on, Di `-ctor of Finance Ken To d, Chief Administrative Officer 'I ax "Rates, " ; ;" .: City of Niagara Fafls : General `' Urban S ervice " Area ; : Combined" ,: General Urban Service Area ! Combined Residential 0.432926% 0.069345% 0.502271 % 0.438839% 0.070522% 0.509361 % Multi- Residential 0.891828% 0.142850% 1.034678% 0.896986% 0.144148% 1.041134% New Multi- Residential 0.432926% 0.069345% 0.502271% 0.438839% 0.070522% 0.509361% Commercial - Occupied 0.761344% 0.121950% 0.883294% 0.771741% 0.124021% 0.895762% Commercial - Vacant Unit 0.532941% 0.085365% 0.618306% 0.540219% 0.086814% 0.627033% Commercial - Vacant Land 0.532941% 0.085365% 0.618306% 0.540219% 0.086814% 0.627033% Commercial (New Construction) 0.761344% 0.121950% 0.883294% 0.771741 % 0.124021 % 0.895762% Comm (New Constr) - Excess Land 0.532941% 0.085365% 0.618306% 0.540219% 0.086814% 0.627033% Comm (New Constr) - Vacant Land 0.532941% 0.085365% 0.618306% 0.540219% 0.086814% 0.627033% Industrial - Occupied 1.138595% 0.182377% 1.320972% 1.154145% 0.185474% 1.339619% Industrial - Vacant Unit 0.740087% 0.118545% 0.858632% 0.750194% 0.120558% 0.870752% Industrial - Vacant Land 0.740087% 0.118545% 0.858632% 0.750194% 0.120558% 0.870752% Industrial (New Construction) 1.138595% 0.182377% 1.320972% 1.154145% 0.185474% 1.339619% Indust (New Constr) - Excess Land 0.740087% 0.118545% 0.858632% 0.750194% 0.120558% 0.870752% Indust (New Constr) - Vacant Land 0.740087% 0.118545% 0.858632% 0.750194% 0.120558% 0.870752% Pipelines 0.736883% 0.118032% 0.854915% 0.746947% 0.120036% 0.866983% Farmlands 0.108231% 0.017336% 0.125567% 0.109710% 0.017631% 0.127340% Managed Forests 0.108231% 0.017336% 0.125567% 0.109710% 0.017631% 0.127340% Farmlands Awaiting Development I 0.324694% 0.052009% 0.376703% 0.329129% 0.052892% 0.382021% Farmlands Awaiting Development I I 0.432926% 0.069345% 0.502271% 0.438839% 0.070522% 0.509361% Table 1 Tax Rates - City of Niagara Falls 2010 2011 F- 2011 -20 F- 2011 -21 Niagarapalls May 30, 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 -21 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION That June 30 and September 30 be approved as the 2011 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. EXECUTIVE SUMMARY The due dates for final tax billing must be approved by Council pursuant to the Municipal Act. The City has established that due dates for the non capped property classes be June 30 and September 30. The due dates for the capped classes are August 31 and October 31 due to the additional calculations required for these billings. BACKGROUND The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. These annual billings include the annual taxes for the City, for the Region of Niagara and for the appropriate local school boards. Due dates for property taxes are set to coincide with the quarterly levy payments made to the Region and the school boards. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Due to the additional calculations required to prepare the 2011 Final Tax Notices for the Commercial, Industrial and Multi- residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Datesforthe Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 30. Once the additional calculations for the remaining classes have been determined then final tax notice due dates for the Commercial, Industrial, and Multi- residential property classes will be presented for Council's consideration. Recommended by: Respectfully submitted: {oild Todd Hp drison, Dir, nance Ken Todd, Chief Administrative Officer Niagaraaalls May 30, 2011 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -23 2010 Sleep Cheap Event RECOMMENDATION EXECUTIVE SUMMARY F- 2011 -23 That Council receive this information on the 2010 Sleep Cheap Charities Reap event and subsequent distribution of funds to community organizations. The 2010 Sleep Cheap Charities Reap event was held last November and the final results are now available. This past year, the event raised $136,445. The accumulated total of funds raised from these annual events since 2005 is $847,000. BACKGROUND Sleep Cheap was initiated in 2004 to celebrate the City's 100` anniversary. The original event was held to promote goodwill between the city residents and the tourism industry by providing residents on opportunity to experience some of the City's most prestigious hotel properties at a reduced cost. The original event was a success and was expanded to allow the hotels to donate proceeds of each room rental to local charities. The revised format whereby charities receive 100% of the monies has been held annually since 2005. FINANCIAL IMPLICATIONS The results from the event are now completed and the amount raised is $136,445. The cumulative total of funds raised and distributed since inception in 2005 is $847,000. The list of charities benefiting from the 2010 event is provided in the attachment. LIST OF ATTACHMENTS Distribution of funds Recommended by: Respectfully submitted: Todd Har ison, R irecto of Finance Ken Todd, Chief Administrative Officer Charity Amount Granted Niagara Community Foundation $43,148.73 . Bob Gale Recreation Fund $33,400.00 Boys & Girls Club $3,313.75 Canadian Cystic Fibrosis $525.00 Heart Niagara $2,500.00 Heartland Forest $3,500.00 Hotel Dieu Shaver $2,500.00 Niagara Child and Youth Services Foundation $7,500.00 Niagara Falls Community Outreach $15,000.00 St. Catharines Hospital - Walker Family Cancer Care $20,057.50 Women's Place of South Niagara $5,000.00 Grand Total $136,444.98 May 16, 2011 - 2 - Sleep Cheap 2010 - Distribution of Funds F- 2011 -23 F- 2011 -24 Niagaraaalls May 30, 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 -24 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $29,266,201.56 for the period March 31, 2011 to May 11,2011. 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, DirQ'ctor of Finance Ken To d, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 1 of 12 Vendor Name Cheque No. Cheque Date Purpose Amount 1174757 ONTARIO INC 345518 20- Apr -2011 SITE PLAN DEPOSIT 43,000.00 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING 345946 11- May -2011 SERVICES 139.01 BALANCE OF COSTS AS PER AGREEMENT OF 1769839 ONTARIO LIMITED 345514 14- Apr -2011 PURCHASE & SALE 13,500.00 180 MARKETING 345947 11-May -2011 WEB SITE MAINTENANCE - MARCH 2011 992.99 2095527 ONTARIO LTD 345654 27- Apr -2011 ANTENNA LICENSE AGREEMENT 1,130.00 BALANCE OF COSTS AS PER PURCHASE & SALE 2159360 ONTARIO INC 345515 14- Apr -2011 AGREEMENT 49,500.00 407 ETR EXPRESS TOLL ROUTE 345786 04- May -2011 SERVICES - MUNICIPAL USERS GROUP MEETING 26.11 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING INC 345787 04- May -2011 MATERIALS 209.06 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING INC 345948 11- May -2011 MATERIALS 209.05 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPPLIES 345386 13- Apr -2011 MATERIALS 220.35 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPPLIES 345655 27- Apr -2011 SERVICES 288.15 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPPLIES 345949 11- May -2011 MATERIALS 666.70 A B C RECREATION LTD 345656 27- Apr -2011 MATERIALS 7,965.80 ACKER, M US DRAFT 15- Apr -2011 TRAVEUMILEAGE 103.05 A J STONE COMPANY LTD 345954 11- May -2011 MATERIALS 150.86 A&A EXHAUST SYSTEMS 345950 11- May -2011 MATERIALS 143.44 ABBRUSCATO,JOE 345951 11- May -2011 REFUND OF TURF FIELD BOOKING 474.60 ABBRUSCATO,STEVE 345520 20- Apr -2011 LEADERSHIP TRAINING 50.00 ACCU LOCK AND SECURITY 345521 20- Apr -2011 MATERIALS 3,962.91 ACCU LOCK AND SECURITY 345788 04- May -2011 SERVICES 615.29 ACCU LOCK AND SECURITY 345952 11- May -2011 SERVICES 276.46 ACKLANDS GRAINGER INC 345522 20- Apr -2011 MATERIALS 11.30 ADVANCE TOWING 345248 06- Apr -2011 SERVICES 350.30 ADVANCE TOWING 345387 13- Apr -2011 SERVICES 50.85 ADVANCE TOWING 345523 20- Apr -2011 SERVICES 248.60 ADVANCE TOWING 345789 04- May -2011 SERVICES 1,017.00 ADVANTAGE PRODUCTS 345249 06- Apr -2011 MATERIALS 951.67 AFFILIATED CUSTOMS BROKERS LTD 345657 27- Apr -2011 MATERIALS 28.86 AFFILIATED CUSTOMS BROKERS LTD 345790 04- May -2011 SERVICES 121.41 AIR CARE SERVICES 345250 06- Apr -2011 MATERIALS 273.45 AIR CARE SERVICES 345524 20- Apr -2011 SERVICES 4,616.45 AIR CARE SERVICES 345658 27- Apr -2011 SERVICES 1,168.19 AIR CARE SERVICES 345791 04- May -2011 SERVICES 1,612.08 AIR CARE SERVICES 345953 11- May -2011 SERVICES 1,093.23 ALBANESE,LORI 345251 06- Apr -2011 TRAVEUMILEAGE 126.50 ALFIDOME CONSTRUCTION 345388 13- Apr -2011 CONTRACT SERVICES 10,759.04 ALFIDOME CONSTRUCTION 345659 27- Apr -2011 CONTRACT SERVICES 1,045,476.20 ALFIDOME CONSTRUCTION 345660 27- Apr -2011 SERVICES 7,262.23 ALISON'S SPORTS & AWARDS 345252 06- Apr -2011 MATERIALS 48.31 ALL PRO RENTALS 345254 06- Apr -2011 MATERIALS 413.02 ALL PRO RENTALS 345662 27- Apr -2011 MATERIALS 413.02 ALLIED MEDICAL INSTRUMENTS INC 345661 27- Apr -2011 MATERIALS 431.92 AMALGAMATED TRANSIT UNION #1582 345389 13- Apr -2011 REMITTANCE 1,624.75 AMALGAMATED TRANSIT UNION #1582 345663 27- Apr -2011 PAYROLL REMITTANCE 1,691.75 AMALGAMATED TRANSIT UNION #1582 345955 11- May -2011 PAYROLL REMITTANCE 1,490.75 AMCTO ZONE 3 SECRETARY - TREASURER 345255 06- Apr -2011 REGISTRATION FOR SPRING MEETING 100.00 ANDERS,CHRIS 345256 06- Apr -2011 TRAVEUMILEAGE 193.50 APPLIED GEOLOGICS INC 345257 06- Apr -2011 CONTRACT SERVICES 13,390.50 APPLIED GEOLOGICS INC 345526 20- Apr -2011 CONSULTING SERVICES 14,295.72 APPLIED GEOLOGICS INC 345664 27- Apr -2011 CONSULTING SERVICES 11,391.90 APPLIED GEOLOGICS INC 345792 04- May -2011 SUBSCRIPTION - SOFTWARE 6,695.25 APPLIED GEOLOGICS INC 345956 11- May -2011 CONSULTING SERVICES 19,651.76 AQUICON CONSTRUCTION CO LTD 345390 13- Apr -2011 CONTRACT SERVICES 209,712.04 ARCHER TRUCK CENTRE WELLAND LTD 345259 06- Apr -2011 MATERIALS 615.01 ARCHER TRUCK CENTRE WELLAND LTD 345794 04- May -2011 SERVICES 2,014.25 ARCHER TRUCK SERVICES LTD 345258 06- Apr -2011 MATERIALS 5,092.19 EQUIPMENT- INTERNATIONAL SNOW ARCHER TRUCK SERVICES LTD 345665 27- Apr -2011 PLOW /SANDER TRUCK 214,110.34 ARCHER TRUCK SERVICES LTD 345793 04- May -2011 LISENSING 535.00 ARIVA 345260 06- Apr -2011 MATERIALS 468.01 ARIVA 345391 13- Apr -2011 MATERIALS 1,189.82 ARIVA 345527 20- Apr -2011 MATERIALS 2,210.10 ARIVA 345666 27- Apr -2011 MATERIALS 623.65 ARIVA 345795 04- May -2011 MATERIALS 150.08 ARNOTT,D 345261 06- Apr -2011 REFUND 150.00 ARTISTA DESIGN & PRINT INC 345262 06- Apr -2011 MATERIALS 39.55 ARTISTA DESIGN & PRINT INC 345392 13- Apr -2011 MATERIALS 56.50 ARTISTA DESIGN & PRINT INC 345796 04- May -2011 MATERIALS 135.60 ASSOCIATED ENGINEERING (ONT) LTD 345529 20- Apr -2011 CONTRACT SERVICES 937.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ASSOCIATION OF ONTARIO ROAD SUPERVISORS ASSOCIATION OF ONTARIO ROAD SUPERVISORS AVIS CAR INC B & B LIFT TRUCK SERVICE BADGER DAYLIGHTING LP BADGER DAYLIGHTING LP BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BARRY BRYAN ASSOCIATES (1991) LTD BARTO L, S USAN BATEMAN,SCOTT BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BEATTIES BASICS BEATTIES BASICS BEDNARCZYK,ARKADIUSZ BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BOB GALE RECREATION FUND BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOLIBRUCK,BOB BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUTILIER,J BOUW,JEFF BOWLES,MICHAEL BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRAND BLVD INC BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK,ANDY BRODERICK & PARTNERS BURKE GROUP - THE BUSH,STEVE CALE SYSTEMS INC CALE SYSTEMS INC CANADIAN CUBAN FRIENDSHIP ASSOCIATION CANADIAN CYSTIC FIBROSIS 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 PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE CANADIAN URBAN TRANSIT ASSOC CANADIAN URBAN TRANSIT ASSOC CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. Cheque No. Cheque Date Purpose 345528 20- Apr -2011 SERVICES MOTOR GRADER (EVALUATION WITH 345667 27- Apr -2011 INSTRUCTION) HELD DEC 23/10 345393 13- Apr -2011 REFUND- PARKING INFRACTION 345266 06- Apr -2011 LEASES AND RENTS 345668 27- Apr -2011 MATERIALS 345957 11- May -2011 MATERIALS 345530 20- Apr -2011 MATERIALS 345669 27- Apr -2011 MATERIALS 345394 13- Apr -2011 CONTRACT SERVICES 345958 11- May -2011 CONTRACT SERVICES 345395 13- Apr -2011 CONSULTING SERVICES 345531 20- Apr -2011 LEADERSHIP TRAINING GRANT 345670 27- Apr -2011 TRAVEUMILEAGE 345264 06- Apr -2011 MATERIALS 345396 13- Apr -2011 TRAVEUMILEAGE 345397 13- Apr -2011 SERVICES 345960 11- May -2011 SERVICES 345267 06- Apr -2011 MEDICAL 345268 06- Apr -2011 SERVICES 345270 06- Apr -2011 SERVICES 345271 06- Apr -2011 SERVICES 345533 20- Apr -2011 SERVICES 345671 27- Apr -2011 SERVICES 345798 04- May -2011 SERVICES 345799 04- May -2011 SERVICES 345800 04- May -2011 UTILITIES 345801 04-May -2011 SERVICES 345802 04- May -2011 SERVICES 345398 13- Apr -2011 SERVICES 345962 11- May -2011 SERVICES 345534 20- Apr -2011 MATERIALS 345399 13- Apr -2011 MATERIALS 345535 20- Apr -2011 MATERIALS 345963 11- May -2011 SLEEP CHEAP 2010 345272 06- Apr -2011 SERVICES 345803 04- May -2011 SERVICES 345672 27- Apr -2011 SERVICES 345536 20- Apr -2011 CONTRACT SERVICES 345273 06- Apr -2011 CONSULTING SERVICES 345673 27- Apr -2011 CONSULTING SERVICES 345400 13- Apr -2011 TRAVEUMILEAGE 345401 13- Apr -2011 MATERIALS 345964 11- May -2011 REIMBURSEMENT OF TENT 345674 27- Apr -2011 GRANT 345965 11- May -2011 SLEEP CHEAP 345966 11- May -2011 BALANCE OF PAYMENT 345537 20- Apr -2011 MATERIALS 345804 04- May -2011 MATERIALS 345967 11- May -2011 MATERIALS 345402 13- Apr -2011 MATERIALS 345675 27- Apr -2011 SERVICES 345676 27- Apr -2011 MATERIALS 345968 11- May -2011 MATERIALS 345805 04- May -2011 REFUND 345516 14- Apr -2011 FEES & DISBURSEMENTS 345969 11- May -2011 CONSULTING SERVICES 345806 04- May -2011 REFUND 345403 13- Apr -2011 MATERIALS 345678 27- Apr -2011 SERVICES 345807 04- May -2011 CONTRACT NUMBER 2927 345970 11- May -2011 SLEEP CHEAP 345538 20- Apr -2011 MATERIALS 345274 06- Apr -2011 MATERIALS 345404 13- Apr -2011 MATERIALS 345540 20- Apr -2011 MATERIALS 345679 27- Apr -2011 MATERIALS 345808 04- May -2011 MATERIALS 345971 11- May -2011 MATERIALS 345680 27- Apr -2011 CONTRACT SERVICES 345539 20- Apr -2011 CONTRACT SERVICES 345542 20- Apr -2011 MATERIALS 345811 04- May -2011 SERVICES 345276 06-Apr -2011 ADVERTISING 345812 04- May -2011 STRADA PROGRAM- SUBSCRIPTION FEE 345275 06- Apr -2011 SERVICES 345405 13- Apr -2011 SERVICES 345541 20- Apr -2011 SERVICES Amount Page 2 of 12 5,992.37 1,949.25 41.00 139.22 3,439.72 2,604.65 39.55 56.50 236,093.33 114,305.89 3,528.99 50.00 45.00 584.44 250.50 129.41 99.51 35.00 8,122.41 238.94 66.52 12.03 14.63 240.73 8,151.02 402.40 98.25 19,009.18 113.00 56.50 320.00 901.06 330.53 33,400.00 5,594.21 720.94 105.83 783,091.04 3,406.95 2,796.75 45.00 100.00 226.00 23,520.40 3,313.75 22,976.00 745.35 755.41 535.62 485.22 1,945.62 368.83 21.02 150.00 4,108.67 3,164.00 150.00 2,035.07 915.30 70.50 525.00 2,825.00 245.53 347.15 204.89 206.65 440.44 349.10 3,846.88 1,079.55 8,568.34 175.04 339.00 7,500.00 40.63 12.24 8.16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 3 of 12 Vendor Name Cheque No. Cheque Date Purpose Amount CANPAR TRANSPORT L.P. 345681 27- Apr -2011 SERVICES 27.35 CANPAR TRANSPORT L.P. 345809 04- May -2011 SERVICES 4.08 CANPAR TRANSPORT L.P. 345972 11- May -2011 SERVICES 32.33 CANSEL 345406 13- Apr -2011 EQUIPMENT 1,607.99 CANSEL 345810 04- May -2011 EQUIPMENT 48,782.10 CANTEC SECURITY SERVICES INC 345682 27- Apr -2011 SERVICES 826.26 CARGILL LIMITED M2083 345277 06- Apr -2011 MATERIALS 7,249.49 CARGILL LIMITED M2083 345543 20- Apr -2011 MATERIALS 24,140.25 CARLETON UNIFORMS INC 345544 20- Apr -2011 MATERIALS 1,056.21 CARLETON UNIFORMS INC 345683 27- Apr -2011 MATERIALS 33.84 CARLETON UNIFORMS INC 345813 04- May -2011 MATERIALS 1,980.19 CARLETON UNIFORMS INC 345973 11- May -2011 MATERIALS 14,285.08 CARR MCLEAN 345408 13- Apr -2011 MATERIALS 597.15 CARRICK,MARZENNA 345814 04- May -2011 TRAVEUMILEAGE 174.00 CARRIERE,RYAN 345407 13- Apr -2011 TRAVEUMILEAGE 150.00 CARSWELL 345545 20- Apr -2011 MATERIALS 207.63 CASTLE MECHANICAL 345278 06- Apr -2011 MATERIALS 265.66 CASTLE MECHANICAL 345975 11- May -2011 SERVICES 464.43 CATARACT COLLISION CENTRE 345815 04- May -2011 MATERIALS 4,986.13 CENTENNIAL CONCRETE (NIAGARA) INC 345976 11- May -2011 MATERIALS 3,078.13 CENTENNIAL INFRASTRUCTURE NIAGARA INC 345409 13- Apr -2011 CONTRACT SERVICES 109,340.67 CENTRAL 1 ELECTRONIC PAYMENTS CREDIT UNION CENTRAL OF BC 345685 27- Apr -2011 REFUND -TAX REFUND 5,918.46 CENTRAL 1 ELECTRONIC PAYMENTS CREDIT UNION CENTRAL OF BC 345977 11- May -2011 REFUND TAX 713.00 CENTRAL COMMUNICATIONS 345279 06- Apr -2011 SERVICES 395.50 CENTRAL COMMUNICATIONS 345978 11- May -2011 SERVICES 395.50 CENTRAL TRANSPORTATION REPAIRS INC 345816 04- May -2011 MATERIALS 9,932.94 CENTRE COURT CAFE 345410 13- Apr -2011 MATERIALS 515.86 MATERIALS- MAYORS YOUTH ADVISORY CENTRE COURT CAFE 345817 04- May -2011 COMMITTEE 450.87 CENTRE WELLINGTON FIRE & RESCUE DEPT 345411 13- Apr -2011 RETURN OF REGISTRATION FEE 350.00 CENTURY VALLEN 345412 13- Apr -2011 MATERIALS 590.86 CENTURY VALLEN 345818 04- May -2011 MATERIALS 564.07 CENTURY VALLEN 345979 11- May -2011 MATERIALS 531.30 CERIDIAN CANADA LTD 345819 04- May -2011 CONTRACT SERVICES 1,700.77 MATERIALS -STATE OF CITY LUCHEON - 13 YOUTH CHAMBER OF COMMERCE NIAGARA FALLS 345413 13- Apr -2011 TICKETS 260.01 CHAMBER OF COMMERCE NIAGARA FALLS 345686 27- Apr -2011 ADVERTISING 84.75 CHARLES JONES INDUSTRIAL LTD 345280 06- Apr -2011 MATERIALS 395.38 CHARLES JONES INDUSTRIAL LTD 345414 13- Apr -2011 MATERIALS 1,706.88 CHARLES JONES INDUSTRIAL LTD 345546 20- Apr -2011 MATERIALS 2,080.72 CHARLES JONES INDUSTRIAL LTD 345687 27- Apr -2011 MATERIALS 801.54 CHARLES JONES INDUSTRIAL LTD 345980 11- May -2011 MATERIALS 1,819.25 CHARTERHALL MANAGEMENT GROUP LTD 345981 11- May -2011 REFUND - DAMAGE DEPOSIT 750.00 CHARTERHOUSE PROJECTS INC 345820 04- May -2011 CONTRACT SERVICES 19,403.35 CHARTERHOUSE PROJECTS INC 345821 04- May -2011 CONTRACT SERVICES 31,603.62 ANNUAL FUNDING FOR CHIPPAWA LIONS PARK CHIPPAWA LIONS 345982 11- May -2011 MAINTENANCE 33,000.00 CIBC ELECTRONIC BANKING OPERATIONS 345983 11- May -2011 REFUND -TAX 228.63 CIMCO REFRIGERATION 345415 13- Apr -2011 SERVICES 4,061.83 CIMCO REFRIGERATION 345547 20- Apr -2011 MATERIALS 676.40 CIMCO REFRIGERATION 345984 11- May -2011 MATERIALS 3,248.96 CIT FINANCIAL LTD 345688 27- Apr -2011 LEASES AND RENTS 1,796.70 CLASSIC FIRE PROTECTION INC 345690 27- Apr -2011 SERVICES 83.06 CLASSIC FIRE PROTECTION INC 345985 11- May -2011 SERVICES 288.44 CLAYDON,JEFF 345281 06- Apr -2011 TRAVEUMILEAGE 8100 CLUB ITALIA ORDER OF SONS OF ITALY 345416 13- Apr -2011 SPONSORSHIP 200.00 COFFEY GEOTECHNICS INC 345548 20- Apr -2011 SERVICES 672.07 COINAMATIC COMMERCIAL LAUNDRY INC 345691 27- Apr -2011 SERVICES 111.05 COLLABORATIVE STRUCTURES LIMITED 345417 13- Apr -2011 CONTRACT SERVICES 652,747.68 COLLABORATIVE STRUCTURES LIMITED 345692 27- Apr -2011 CONTRACT SERVICES 821,463.59 COLLEE,DOUGLAS 345822 04- May -2011 REFUND 139.26 COLLEE, MICHAEL US DRAFT 15- Apr -2011 TRAVEUMILEAGE 12834 COMMERCIAL DIGITAL PRINT INC 345986 11- May -2011 MATERIALS 290.41 COMMISSIONAIRES 345282 06- Apr -2011 CONTRACT SERVICES 26,775.47 COMMISSIONAIRES 345418 13- Apr -2011 CONTRACT SERVICES 2,836.37 COMMISSIONAIRES 345549 20- Apr -2011 CONTRACT SERVICES 21,831.34 COMMISSIONAIRES 345693 27- Apr -2011 CONTRACT SERVICES 23,177.73 COMMISSIONAIRES 345987 11- May -2011 CONTRACT SERVICES 3,083.77 COMPRESSOR SYSTEMS INTERNATIONAL INC 345283 06- Apr -2011 MATERIALS 383.70 COMPRESSOR SYSTEMS INTERNATIONAL INC 345550 20- Apr -2011 MATERIALS 450.42 COMPRESSOR SYSTEMS INTERNATIONAL INC 345694 27- Apr -2011 MATERIALS 26.94 CONDOTTA MERRETT & CO INSURANCE BROKERS 345253 06- Apr -2011 REMITTANCE -ERROR PST 1,375.44 CONDOTTA MERRETT & CO INSURANCE BROKERS 345525 20- Apr -2011 REMITTANCE 3,294.00 CONS SCOLAIRE DE DIST CATHOLIQUE CENTRE -SUD WIRE 31- Mar -2011 TAX LEVY 272,074.81 CONS SCOLAIRE DE DIST CATHOLIQUE CENTRE -SUD OUEST WIRE 31- Mar -2011 TAX LEVY 81,707.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CONTRACT DESIGN GROUP ASSOCIATES Page 4 of 12 Cheque No. Cheque Date Purpose Amount 345988 11- May -2011 CONSULTING SERVICES 1,991.62 CORPORATION OF THE CITY OF WELLAND 345689 27- Apr -2011 SERVICES- METER TESTING 5247 DRUMMOND RD 128.04 COTTON INC 345284 06- Apr -2011 LEASES AND RENTS 523.76 COTTON INC 345285 06- Apr -2011 LEASES AND RENTS 1,019.27 COTTON INC 345551 20- Apr -2011 MATERIALS 1,010.47 COTTON INC 345823 04- May -2011 CONTRACT SERVICES 30,748.04 COTTON INC 345989 11- May -2011 LEASES AND RENTS 359.57 CRANFIELD,JIM 345824 04- May -2011 REFUND 150.00 CRAWFORD & COMPANY (CANADA) INC 345420 13- Apr -2011 CONSULTING SERVICES 4,633.00 CRAWFORD & COMPANY (CANADA) INC 345553 20- Apr -2011 CONSULTING SERVICES 1,496.00 CREATIVE CITY NETWORK OF CANADA 345421 13- Apr -2011 2011 SUMMIT REGISTRATION 536.75 CUI,YONGJIE 345422 13- Apr -2011 TRAVEUMILEAGE 63.20 CUI,YONGJIE 345825 04- May -2011 TRAVEUMILEAGE 55.50 CUMMINS EASTERN CANADA LP 345826 04- May -2011 SERVICES 6,147.54 CUMMINS - ALLISON ULC 345827 04- May -2011 SERVICES 423.75 CUPE LOCAL 133 345423 13- Apr -2011 REMITTANCE 7,561.89 CUPE LOCAL 133 345696 27- Apr -2011 PAYROLL REMITTANCE 7,489.29 CUPE LOCAL 133 345990 11- May -2011 PAYROLL REMITTANCE 8,272.51 CURTIS,GARRY, JOSEPH 345424 13- Apr -2011 REFUND - PARKING INFRACTION 20.00 DALTON,BARRY 345697 27- Apr -2011 REFUND 150.00 DARCH FIRE 345425 13- Apr -2011 MATERIALS 400.53 DARCH FIRE 345828 04- May -2011 MATERIALS 824.79 DAVIDSON ENVIRONMENTAL 345698 27- Apr -2011 MATERIALS 146.90 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 345555 20- Apr -2011 LEASES AND RENTS 2,895.06 DELL CANADA INC 345426 13- Apr -2011 COMPUTER 13,337.39 DELUCE,DAVID 345427 13- Apr -2011 TRAVEUMILEAGE 44.47 DESIGN ELECTRONICS 345699 27- Apr -2011 MATERIALS 1,878.85 DESIGN ELECTRONICS 345829 04- May -2011 SERVICES 98.88 DESORMEAUX,LARRY 345428 13- Apr -2011 REFUND - DRIVERS MEDICAL 85.00 DEVEREAUX,FRANK 345830 04- May -2011 MATERIALS- CONFERENCE 948.95 DICARLO,JOSEPH 345991 11- May -2011 REFUND - DAMAGE DEPOSIT 750.00 DIODATI,JIM 345700 27- Apr -2011 TRAVELMILEAGE 1,155.00 DISTRICT SCHOOL BOARD OF NIAGARA 345556 20- Apr -2011 PUBLIC INFORMATION CENTRE 161.59 DISTRICT SCHOOL BOARD OF NIAGARA WIRE 31- Mar -2011 TAX LEVY 7,268,598.44 DOWNTOWN BOARD OF MANAGEMENT 345429 13- Apr -2011 REMITTANCE 2011 1ST BIA LEVY 50,000.00 DRAFTING CLINIC CANADA LTD 345287 06- Apr -2011 CONTRACT SERVICES 370.99 DRAFTING CLINIC CANADA LTD 345992 11- May -2011 SERVICES 457.90 DREN,KARL 345288 06- Apr -2011 TRAVEUMILEAGE 68.50 DROLET,MARC 345557 20- Apr -2011 REFUND 135.59 DROST,GARY 345558 20- Apr -2011 REFUND 101.69 DUERKSEN,ANGELA 345993 11- May -2011 TRAVEUMILEAGE 248.00 DYNACLEAN /2081655 ONTARIO LTD 345994 11- May -2011 SERVICES 3,932.40 E3 LABORATORIES 345289 06- Apr -2011 SERVICES 2,600.13 E3 LABORATORIES 345831 04- May -2011 SERVICES 3,784.53 EASTGATE TRUCK CENTRE 345832 04- May -2011 MAINTENANCEJREPAIRS 379.07 ECCO ELECTRIC LIMITED 345995 11- May -2011 MATERIALS 753.10 ED MACPHERSON CONSTRUCTION LTD 345701 27- Apr -2011 REFUND 750.00 ED MACPHERSON CONSTRUCTION LTD 345833 04- May -2011 REFUND - DAMAGE DEPOSIT 750.00 ELECTRICAL SAFETY AUTHORITY - 17405 345996 11- May -2011 SERVICES 9,534.52 ELECTROMEGA LTD 345290 06- Apr -2011 MATERIALS 2,472.44 ELLIS,VICTORIA 345560 20- Apr -2011 PROVINCIAL COMPETITION GRANT 85.00 ELLIS ENGINEERING INC 345834 04- May -2011 CONTRACT SERVICES 27,346.29 ELOQUIP LTD 345561 20- Apr -2011 MATERIALS 608.06 EMCO CORPORATION 345291 06- Apr -2011 MATERIALS 1,244.69 EMCO CORPORATION 345562 20- Apr -2011 MATERIALS 5,260.73 EMCO CORPORATION 345702 27- Apr -2011 MATERIALS 1,501.77 EMCO CORPORATION 345835 04- May -2011 MATERIALS 498.56 EMCO CORPORATION 345997 11- May -2011 MATERIALS 242.05 EMPIRE LIFE INSURANCE COMPANY THE 345703 27- Apr -2011 REMITTANCE 40,058.91 ENBRIDGE 345292 06- Apr -2011 UTILITIES 19,482.81 ENBRIDGE 345430 13- Apr -2011 UTILITIES 1,116.57 ENBRIDGE 345517 14- Apr -2011 UTILITIES 414,78 ENBRIDGE 345563 20- Apr -2011 UTILITIES 2,034.15 ENBRIDGE 345836 04- May -2011 UTILITIES 15,678.86 ENBRIDGE 345998 11- May -2011 UTILITIES 11,175.63 ENGINEERING CONCEPTS NIAGARA 345705 27- Apr -2011 CONTRACT SERVICES 830.55 EQUIPMENT SPECIALIST INC 345837 04- May -2011 LEASES AND RENTS 21,605.40 EQUIPMENT SPECIALIST INC 345999 11- May -2011 LEASES AND RENTS 11,469.50 ETHERINGTON,DAVE 345293 06- Apr -2011 TRAVEUMILEAGE 75.00 EVANS UTILITY SUPPLY LTD 345294 06- Apr -2011 MATERIALS 10,893.53 EVANS UTILITY SUPPLY LTD 345706 27- Apr -2011 MATERIALS 2,761.04 EVANS UTILITY SUPPLY LTD 345838 04- May -2011 MATERIALS 4,590.31 EVERLASTING IMPRESSIONS 345431 13- Apr -2011 SERVICES 353.69 EVERLASTING IMPRESSIONS 345839 04- May -2011 SERVICES 197.75 FALLS ELECTRIC INC 345432 13- Apr -2011 LEASES AND RENTS 1,700.24 FALLS ELECTRIC INC 345564 20- Apr -2011 MATERIALS 4,610.05 FALLSWAY SUPPLY 345565 20- Apr -2011 MATERIALS 8,770.61 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 5 of 12 Vendor Name Cheque No. Cheque Date Purpose Amount FANSOLATO, WAYNE US DRAFT 15- Apr -2011 TRAVEUMILEAGE 116.78 FARE LOGISTICS 345433 13- Apr -2011 MATERIALS 2,455.32 FASTENAL CANADA 345295 06- Apr -2011 MATERIALS 1,037.14 FASTENAL CANADA 345434 13- Apr -2011 MATERIALS 955.44 FASTENAL CANADA 345566 20- Apr -2011 MATERIALS 544.16 FASTENAL CANADA 345707 27- Apr -2011 MATERIALS 561.80 FASTENAL CANADA 345840 04- May -2011 MATERIALS 616.50 FASTENAL CANADA 346000 11- May -2011 MATERIALS 445.80 FEREN SIGNS & AWNINGS LTD 345841 04- May -2011 MATERIALS 3,681.11 FIRE MONITORING OF CANADA INC 345842 04- May -2011 SERVICES 386.46 FIRST STUDENT ULC 346001 11- May -2011 SERVICES 949.20 FLAGRO INDUSTRIES 346002 11- May -2011 MATERIALS 69.16 FLEXO PRODUCTS LTD 345296 06- Apr -2011 MATERIALS 1,954.92 FLEXO PRODUCTS LTD 345435 13- Apr -2011 MATERIALS 30.40 FLEXO PRODUCTS LTD 345567 20- Apr -2011 MATERIALS 332.58 FLEXO PRODUCTS LTD 345708 27- Apr -2011 MATERIALS 752.04 FLEXO PRODUCTS LTD 345843 04- May -2011 MATERIALS 854.32 FLEXO PRODUCTS LTD 346003 11- May -2011 MATERIALS 317 FORLIN,KATHY 345568 20- Apr -2011 TRAVEUMILEAGE 77.00 FRANK COWAN COMPANY LIMITED 345569 20- Apr -2011 REMITTANCE 825.00 GALES GAS BARS 345845 04- May -2011 FUEL 118.80 GALT MACHINE KNIFE & SAW 345846 04- May -2011 SERVICES 162.72 GENIVAR CONSULTANTS LIMITED PARTNERSHIP 345709 27- Apr -2011 CONSULTING SERVICES 5,415.07 GEORGIAN COLLEGE 345436 13- Apr -2011 REGISTRATION/TUITION 1,168.00 SERVICES - RECORDING TIME FOR BATTLE OF THE GIGLIOTTI,PAUL 346005 11- May -2011 BANDS 565.00 GLENTEL WIRELESS CENTRE 345570 20- Apr -2011 EQUIPMENT 33,199.40 GLENTEL WIRELESS CENTRE 345847 04- May -2011 SERVICES 244.08 GLOBALSTAR CANADA SATELLITE CO 346006 11- May -2011 SERVICES 139 GLOBAL CORPORATE XPANSION US DRAFT 28- Apr -2011 SERVICES 400.00 GOODLIFE FITNESS CLUBS 345298 06- Apr -2011 MEMBERSHIP 602.65 GOODNESS ME- GAGE- ROMARAH 345710 27- Apr -2011 CONFERENCE - GUEST SPEAKER 300.00 GOODY,ROBERT 345299 06- Apr -2011 TRAVEUMILEAGE 87.00 GOODY,ROBERT 346007 11- May -2011 TRAVEUMILEAGE 49.50 GRAYBAR ELECTRIC LTD 345300 06- Apr -2011 MATERIALS 314,57 GRAYBAR ELECTRIC LTD 345437 13- Apr -2011 MATERIALS 328.11 GRAYBAR ELECTRIC LTD 345571 20- Apr -2011 MATERIALS 511.92 GRAYBAR ELECTRIC LTD 345711 27- Apr -2011 MATERIALS 289.55 GRAYBAR ELECTRIC LTD 346008 11- May -2011 MATERIALS 355.21 GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND 345301 06- Apr -2011 PAYROLL REMITTANCE 99.40 GREENLAWN 345712 27- Apr -2011 SERVICES 791.00 GROTTOLA,FRANK & NANCY 345848 04- May -2011 REFUND - DAMAGE DEPOSIT 750.00 GROUND AERIAL MAINTENANCE LTD 345713 27- Apr -2011 CONTRACT SERVICES 12,671.33 GROUND AERIAL MAINTENANCE LTD 345849 04- May -2011 MATERIALS 4,564.47 GROUND AERIAL MAINTENANCE LTD 346009 11- May -2011 SERVICES 328 GROUP92 345572 20- Apr -2011 MATERIALS 1,140.07 GT FRENCH PAPER LIMITED 345302 06- Apr -2011 MATERIALS 3,943.11 GT FRENCH PAPER LIMITED 345438 13- Apr -2011 MATERIALS 79.83 GT FRENCH PAPER LIMITED 345573 20- Apr -2011 MATERIALS 624.92 GT FRENCH PAPER LIMITED 346010 11- May -2011 MATERIALS 1,183.48 GUILLEVIN INTERNATIONAL INC 345439 13- Apr -2011 MATERIALS 184.08 GUILLEVIN INTERNATIONAL INC 345574 20- Apr -2011 MATERIALS 1,253.62 H D UTILITIES SUPPLY 345441 13- Apr -2011 MATERIALS 478.49 H D UTILITIES SUPPLY 345715 27- Apr -2011 MATERIALS 280.35 H D UTILITIES SUPPLY 345851 04- May -2011 MATERIALS 16.50 H D UTILITIES SUPPLY 346013 11- May -2011 MATERIALS 125.43 HALCO MOBILE MFG SALES & SERVICE INC 345575 20- Apr -2011 LEASES AND RENTS 621.50 HALF WAY SAND PIT LIMITED 345714 27- Apr -2011 SERVICES 7,797.00 HAMILL MACHINE COMPANY INC 345303 06- Apr -2011 MATERIALS 3,418.25 HAMILTON,STEPHEN 346011 11- May -2011 PETTY CASH 648.54 HANG UPS 346012 11- May -2011 MATERIALS 440.70 HARRISON,TODD 345440 13- Apr -2011 TRAVEUMILEAGE 120.52 HEART NIAGARA INC 346015 11- May -2011 SLEEP CHEAP 2010 2,500.00 HEARTLAND FOREST NATURE EXPERIENCE 346014 11- May -2011 SLEEP CHEAP 3,500.00 KALAR RD RECONSTRUCTION PROJECT - HEELIS, WILLIAMS, LITTLE,& ALMAS, LLP IN TRUST 345576 20- Apr -2011 BALANCE OF COSTS 38,800.00 KALAR ROAD RECONSTRUCTION PROJECT - FEES HEELIS, WILLIAMS, LITTLE,& ALMAS, LLP IN TRUST 345577 20- Apr -2011 & DISBURSEMENTS 752.35 HENRY,KEN 345716 27- Apr -2011 TRAVEUMILEAGE 45.00 HERITAGE SAFETY PRODUCTS LTD 345852 04- May -2011 MATERIALS 191.87 HISTORIC NIAGARA DEVELOPMENT INC 345717 27- Apr -2011 LEASES AND RENTS 3,502.86 HOLMAN,GEOFF 345442 13- Apr -2011 TRAVEUMILEAGE 89.50 HOLMAN,GEOFF 346016 11- May -2011 TRAVEUMILEAGE 74.50 HOTEL DIEU /SHAVER 346017 11-May -2011 SLEEP CHEAP 2,500.00 HR SYSTEMS STRATEGIES INC 345853 04- May -2011 ANNUAL SUPPORT & MAINTENANCE 5,495.19 HUDSON,JASON 345578 20- Apr -2011 REFUND 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name IAA' ONTARIO CHAPTER ICI CANADA INC ICI CANADA INC ICI CANADA INC ICI CANADA INC INFOR GLOBAL SOLUTIONS (CANADA) LTD CIO T10113 INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INSITUFORM TECHNOLOGIES LIMITED INSITUFORM TECHNOLOGIES LIMITED INSPEC SOL INC. INSPEC SOL INC. INTERFLEET INC IPAC HAMILTON ITECH J & B PROCESS SERVING INC JACK DOW AUTO SUPPLIES LIMITED JACKSON,CHRISTINE JACKSON,DAVE JACKSON,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOE JOHNSON EQUIPMENT JOE JOHNSON EQUIPMENT JOE SCHULZ WATERPROOFING JOHNSTON,BRAD JONES,CATHY JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENMORE HOMES KEY NORTH PRODUCTIONS INC KINGDOM HALL KLENZOID KONE INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KUIPERS,JANET L ST AMAND ENTERPRISES L WALTER & SONS EXCAVATING (2008) LTD. LACAL EQUIPMENT LAFARGE CANADA INC LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKES MAINTENANCE LAKES MAINTENANCE LEA,T. LEA,T. LEGGE,DEBORAH LEHMAN ASSOCIATES LEWIS MANUFACTURING LIGHTNING EQUIPMENT SALES LTD LIGHTNING EQUIPMENT SALES LTD 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 LIVE ON REQUEST TECHNOLOGY SERVICES INC LONGO,RALPH LU DLO W,ALLAN LYMBURNER,BOB M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY Cheque No. Cheque Date Purpose CERTIFIED FIRE & EXPLOSION TRAINING 345443 13- Apr -2011 PROGRAM 345305 06- Apr -2011 MATERIALS 345444 13- Apr -2011 MATERIALS 345579 20- Apr -2011 MATERIALS 345718 27- Apr -2011 MATERIALS 345446 13- Apr -2011 CONTRACT SERVICES 345306 06- Apr -2011 MATERIALS 345447 13- Apr -2011 MATERIALS 345720 27- Apr -2011 MATERIALS 345307 06- Apr -2011 CONTRACT SERVICES 345580 20- Apr -2011 CONTRACT SERVICES 345448 13- Apr -2011 CONTRACT SERVICES 345581 20- Apr -2011 SERVICES 345854 04- May -2011 SERVICES IPAC HAMILTON NEW PROFESSIONALS EVENT 345449 13- Apr -2011 APRIL 29 345450 13- Apr -2011 SERVICES 345721 27- Apr -2011 SERVICES 345582 20- Apr -2011 MATERIALS 346019 11- May -2011 TRAVEUMILEAGE 345308 06- Apr -2011 TRAVEUMILEAGE 345855 04- May -2011 TRAVEUMILEAGE 345451 13- Apr -2011 SERVICES 346020 11- May -2011 SERVICES 345309 06- Apr -2011 MATERIALS 345452 13- Apr -2011 MATERIALS 345453 13- Apr -2011 CONTRACT SERVICES 346021 11- May -2011 TRAVEUMILEAGE 345856 04- May -2011 TRAVEUMILEAGE 345310 06- Apr -2011 TICKET REVENUE - CLEARING 345454 13- Apr -2011 TICKET REVENUE - CLEARING 345583 20- Apr -2011 TICKET REVENUE - CLEARING 345857 04- May -2011 TICKET REVENUE - CLEARING 346022 11- May -2011 TICKET REVENUE - CLEARING 345455 13- Apr -2011 CONTRACT SERVICES 345585 20- Apr -2011 CONTRACT SERVICES 345722 27- Apr -2011 CONTRACT SERVICES 345858 04- May -2011 CONTRACT SERVICES 346023 11- May -2011 CONTRACT SERVICES 345584 20- Apr -2011 REFUND 346024 11- May -2011 ADVERTISING 345859 04- May -2011 REFUND 346025 11- May -2011 MATERIALS 345723 27- Apr -2011 SERVICES 345456 13- Apr -2011 CONTRACT SERVICES 345861 04- May -2011 CONTRACT SERVICES 345457 13- Apr -2011 TRAVEUMILEAGE 345862 04- May -2011 TRAVEUMILEAGE 345727 27- Apr -2011 MATERIALS 345464 13- Apr -2011 CONTRACT SERVICES US DRAFT 05- Apr -2011 MATERIALS 345586 20- Apr -2011 MATERIALS 345311 06- Apr -2011 MAINTENANCE /REPAIRS 345458 13- Apr -2011 MAINTENANCE/REPAIRS 345587 20- Apr -2011 MAINTENANCE/REPAIRS 345863 04- May -2011 MAINTENANCE /REPAIRS 345724 27- Apr -2011 TRAVEUMILEAGE 345864 04- May -2011 TRAVEUMILEAGE 345459 13- Apr -2011 TRAVEUMILEAGE 346026 11- May -2011 CONSULTING SERVICES 345588 20- Apr -2011 MATERIALS 345313 06- Apr -2011 MATERIALS 345461 13- Apr -2011 MATERIALS 345315 06- Apr -2011 MAINTENANCE/REPAIRS 345314 06- Apr -2011 MATERIALS 345590 20- Apr -2011 MATERIALS 345316 06- Apr -2011 FUEL 345462 13- Apr -2011 FUEL 345591 20- Apr -2011 FUEL 346028 11- May -2011 FUEL 345726 27- Apr -2011 SERVICES 345463 13- Apr -2011 REFUND 345317 06- Apr -2011 MATERIALS 345465 13- Apr -2011 TRAVEUMILEAGE 345324 06- Apr -2011 MATERIALS 345473 13- Apr -2011 MATERIALS 345600 20- Apr -2011 MATERIALS Page 6of12 Amount 675.00 808.18 236.89 1,020.92 243.57 4,560.06 4,434.12 4,461.22 4,473.53 19,843.75 82,227.43 11,103.38 10,322.55 4,147.54 60.00 4,716.49 39.55 152.55 33.50 277.00 172.00 237.30 463.30 2,080.28 3,035.95 3,898.50 533.22 70.00 8,900.00 6,880.00 7,723.00 16,256.00 13, 715.00 17,321.77 6,805.99 7,165.60 3,372.28 6,965.05 777.38 805.63 46.35 5,674.87 755.23 5,469.20 14,736.02 84.00 77.00 491.55 1,317.58 981.56 1,853.80 436.75 2,098.54 2,496.17 371.77 45.00 60.69 22.50 395.50 6,176.58 1,158.70 1,022.88 492.68 2,476.64 142.45 29,507.99 2,192.73 34, 241.56 47,826.14 2,203.50 150.00 260.00 45.00 1,040.22 727.00 19,326.87 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACAULAY,ROBERT MACKESY SMYE LAWYERS IN TRUST MALLETT,TAYLOR MANOR CLEANERS MAPLE LEAF COLLISION CENTRE MARALDO,ROSE MARR SWEEPER SERVICE MATSON,BILL MATT CAMERON HEYWOOD KERRY T HOWE SURVEYING MAXWELL PAPER CANADA INC MCCONNELL,LUCILLE MCEACHERN,CHRIS MCGARR,RUSS MCLELLAN,ANDREW MCNAMARA,SUSAN MEDICAL MART SUPPLIES LIMITED MEDICAL MART SUPPLIES LIMITED MERIT CONTRACTORS NIAGARA METAL SUPERMARKETS METRO PLUMBING & HEATING MEYER,CHRISTEL MG PROMOTIONS MGW SALES INC. MHPM PROJECT MANAGERS INC MHPM PROJECT MANAGERS INC MIGNELLI,CARMEN MINISTER OF FINANCE/MINISTRY OF TRANSPORTATION 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 MISTER CHEMICAL LTD. MLDAO MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOORE CANADA MOROCCO,JOHN MORTON, DALE MR FURNACE/HU -ERO COMMERCIAL DIVISION MR QUICK SOFT CLOTH MULLER'S WORKWEAR MULLER'S WORKWEAR MUSSARI,TOM N.S.M FABRICATING LIMITED NEDCO NEXTERRA SUBSTRUCTURES INCORPORATED NFFD CONVENTION NIAGARA AV SYSTEMS NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA CHILD AND YOUTH SERVICES FOUNDATION NIAGARA COMMUNITY FOUNDATION NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC Cheque No 345734 345873 345323 345733 345592 346029 345593 345728 345866 345319 346030 345729 345594 345320 345466 345321 345595 345867 345467 345322 345468 345469 345868 345470 345597 345869 345870 345471 345731 346032 345598 345871 345872 346034 346035 345472 345732 346033 346036 345599 345601 345735 345874 346037 346038 345474 345602 345325 345875 345603 345475 345737 345476 345876 345326 345337 345477 345877 345327 345604 345328 345878 345605 WIRE 345879 346039 346040 345478 345385 Cheque Date 27- Apr -2011 04- May -2011 06- Apr -2011 27- Apr -2011 20- Apr -2011 11- May -2011 20- Apr -2011 27- Apr -2011 04- May -2011 06- Apr -2011 11- May -2011 27- Apr -2011 20- Apr -2011 06- Apr -2011 13- Apr -2011 06- Apr -2011 20- Apr -2011 04- May -2011 13- Apr -2011 06- Apr -2011 13- Apr -2011 13- Apr -2011 04- May -2011 13- Apr -2011 20- Apr -2011 04- May -2011 04 -May -2011 13- Apr -2011 27- Apr -2011 11- May -2011 20- Apr -2011 04- May -2011 04- May -2011 11- May -2011 11- May -2011 13- Apr -2011 27- Apr -2011 11- May -2011 11- May -2011 20- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 11- May -2011 11- May -2011 13- Apr -2011 20- Apr -2011 06- Apr -2011 04- May -2011 20- Apr -2011 13- Apr -2011 27- Apr -2011 13- Apr -2011 04- May -2011 06- Apr -2011 06- Apr -2011 13- Apr -2011 04- May -2011 06- Apr -2011 20- Apr -2011 06- Apr -2011 04- May -2011 20- Apr -2011 31- Mar -3011 04- May -2011 11-May -2011 11- May -2011 13- Apr -2011 08- Apr -2011 345480 13- Apr -2011 345740 27- Apr -2011 345741 27- Apr -2011 Purpose MATERIALS MATERIALS MAINTENANCE /REPAIRS SERVICES GRANT ADMINISTRATIVE GRANT SERVICES MAINTENANCE/REPAIRS REFUND SERVICES TRAVEUMILEAGE CONSULTING SERVICES MATERIALS TRAVEUMILEAGE REFUND GRANT REFUND TRAVEUMILEAGE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS REMITTANCE SERVICES SERVICES SERVICES SERVICES TRAVEUMILEAGE CONTRACT SERVICES MATERIALS MATERIALS TRAVEUMILEAGE REFUND SERVICES SERVICES MATERIALS MATERIALS PETTY CASH MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE MATERIALS MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS TAX LEVY GRANT GRANT GRANT ADVERTISING ADMINISTRATIVE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE Page 7 of 12 Amount 2,038.73 1,356.00 559.35 822.06 50.00 1,500.00 85.00 69.61 972.37 191.04 960.50 196.60 4,391.49 85.32 84.00 150.00 50.00 25.00 72.00 24, 398.20 135.55 42, 785.19 195.75 25,664.76 165.85 93.23 39.49 84,749.66 8,605.99 381.38 7,573.50 3,676.48 56, 521.18 2,200.00 1,765.00 2,114.16 2,336.81 2,529.85 102.31 100.00 674.94 868.99 745,84 1,136.34 233.50 2,542.51 255.38 6,606.55 107.00 200.00 169.50 151.42 193.23 2,034.00 153.62 3,491.70 1,320.41 74,726.32 337.87 339.00 89.27 7,949.66 245.44 3,806,660.16 33,202.33 7,500.00 43,148.73 452.00 44,645.50 7,215 90 7,150 92 7,162 05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS COMMUNITY HEALTH CENTRE NIAGARA FALLS COMMUNITY OUTREACH NIAGARA FALLS CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS REVIEW NIAGARA FALLS REVIEW NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA OLYMPIA HOMES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY 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 NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA REGIONAL TOWING NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA STUDENT TRANSPORTATION SERVICES NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA WATER CONDITIONING LTD NIAGARA.COM NIGHT WATCH SECURITY NORTRAX NUNES,PATRICK O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OAKWOOD PLACE SHOPPING CENTRE INC OCE- CANADA INC OMERS OMERS OMERS OMERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO MUNICIPAL FIRE PREVENTION OFFICER ASSOCIATION ONTARIO SEED COMPANY LTD OPTIMIST CLUB ORESCANIN,DANIEL P &C COMPOSTECH INC PACE,GUY PAGENET OF CANADA INC PANORAMIC PROPERTIES INC. PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PENNER BUILDING CENTRE PEOPLE FIRST RESOURCE DEVELOPMENT PERFORMANCE CARS PERRI -MED PETERS EXCAVATING INC PHILIPS MEDICAL SYSTEMS CANADA Cheque No. Cheque Date Purpose 346044 345738 345882 346042 346041 345479 345880 345739 346043 345881 345742 345481 345607 345330 345484 345331 345332 345482 345483 345608 345609 345743 345744 345943 345944 346045 346046 345745 345333 345334 345884 345335 346047 345485 345610 345336 346048 345329 345885 346049 345886 345487 345746 345486 345339 345340 345341 345887 345888 345342 346051 345343 346053 346052 345889 345612 345611 345747 346054 345344 345614 345749 345891 345488 345613 345748 345890 345893 346055 345615 345892 345750 345489 346056 345346 345616 11- May -2011 27- Apr -2011 04- May -2011 11- May -2011 11- May -2011 13- Apr -2011 04- May -2011 27- Apr -2011 11- May -2011 04- May -2011 27- Apr -2011 13- Apr -2011 20- Apr -2011 06- Apr -2011 13- Apr -2011 06- Apr -2011 06- Apr -2011 13- Apr -2011 13- Apr -2011 20- Apr -2011 20- Apr -2011 27- Apr -2011 27- Apr -2011 04- May -2011 04- May -2011 11- May -2011 11- May -2011 27- Apr -2011 06- Apr -2011 06- Apr -2011 04- May -2011 06- Apr -2011 11- May -2011 13- Apr -2011 20- Apr -2011 06- Apr -2011 11- May -2011 06- Apr -2011 04- May -2011 11- May -2011 04- May -2011 13- Apr -2011 27- Apr -2011 13- Apr -2011 06- Apr -2011 06- Apr -2011 06- Apr -2011 04- May -2011 04- May -2011 06- Apr -2011 11- May -2011 06- Apr -2011 11- May -2011 11- May -2011 04- May -2011 20- Apr -2011 20- Apr -2011 27- Apr -2011 11 -May -2011 06- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 13- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 04- May -2011 11- May -2011 20- Apr -2011 04 -May -2011 27- Apr -2011 13- Apr -2011 11- May -2011 06- Apr -2011 20- Apr -2011 PAYROLL REMITTANCE GRANT REFUND GRANT LEASES AND RENTS ADMINISTRATIVE CONTRACT SERVICES ADVERTISING MATERIALS GRANT CONSULTING SERVICES REFUND UTILITIES REMITTANCE CONTRACT SERVICES ADMINISTRATIVE UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES SERVICES SERVICES SERVICES SERVICES MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS REFUND ADVERTISING MATERIALS MATERIALS SERVICES SERVICES MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES CONSULTING SERVICES MEMBERSHIP MATERIALS REFUND REFUND MATERIALS GRANT SERVICES REFUND MAINTENANCE/REPAIRS SERVICES MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES MAINTENANCE/REPAIRS SUBSCRIPTION CONTRACT SERVICES MATERIALS Page 8 of 12 Amount 7,054.35 2,250.00 16.95 15,000.00 1,000.00 200.00 37, 711.83 6,920.64 117.12 30,000.00 360.00 1,000.00 97.01 260.00 1,186.50 12,460.72 4,908.87 22,569.25 1,896.12 10,157.91 145,522.27 2,674.13 73,666.98 3,183.88 4,161.65 22,143.06 2,312.12 7,746.44 50.00 700.60 253.12 2,608.58 2,028.33 5,343.00 565.00 1,299.50 73.45 13.56 858.80 331.55 500.00 37,224.88 14,236.31 750.00 552.79 37,853.74 696,420.60 25,274.56 472,297.20 644.10 8,836.60 150.00 5,042.63 914.25 150.00 152.55 50.00 16.89 5,280.00 998.95 57.18 223.22 194.36 15.00 85.00 435.00 120.00 50.85 113.00 616.27 628.30 110.00 566.05 2,080.00 109, 358.52 274.59 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PINCHES,HELEN PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PITNEY BOWES GLOBAL CREDIT SERVICES PITNEY WORKS PORTER,GAIL PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISION AUTOMOTIVE MACHINE SHOP PRINCESS AUTO PROJECT SHARE PROSECUTORS ASSOCIATION OF ONTARIO PROTEL ALARM & SIGNAL PROVINCIAL CONTRACTORS INC PURE WATER PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER R & W HOIST REPAIRS LTD R AND R ASSOCIATES INC. R.J. MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RBC RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REDGATE SOFTWARE 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 NIAGARA FIRE BUFFS REJVOID,JARMILA RICHARDSON,MARK RICHARDSON,MARK ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROSA,DAVID RUSCITTI,ANTHONY SACCO,FRED SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFETY -KLEEN CANADA INC. OIL DIVISION SAFETY -KLEEN CANADA INC. OIL DIVISION SAM WEST, SANI GEAR FIRE SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHINDLER ELEVATOR CORPORATION C/O T52649 SCOTIABANK CONVENTION CENTRE SEAWAY FLUID POWER GROUP SELECT TOTAL SERVICE SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHERRARD KUZZ SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLEX GRINNELL SINGER,KELLY SMITH, LEE SMITH,WILLIAM SNAP NIAGARA FALLS Cheque No. 346058 345617 345894 345618 346059 345619 346062 345347 345620 345895 345490 345896 345897 346063 345621 345348 345349 345622 345898 345899 346064 345353 346066 345904 345491 345623 345900 346065 345350 345351 345751 345901 345492 345752 346067 US DRAFT 345624 345753 345902 346068 WIRE WIRE WIRE WIRE WIRE WIRE 345754 345352 345493 345903 345625 345755 345905 345906 345844 345756 345907 345354 346069 346092 346070 345626 345908 345909 345910 345911 345757 345912 345355 345758 345913 345356 345494 346071 345627 346072 345628 346073 Cheque Date 11- May -2011 20- Apr -2011 04- May -2011 20- Apr -2011 11- May -2011 20- Apr -2011 11- May -2011 06- Apr -2011 20- Apr -2011 04- May -2011 13- Apr -2011 04- May -2011 04 -May -2011 11- May -2011 20- Apr -2011 06- Apr -2011 06- Apr -2011 20- Apr -2011 04- May -2011 04- May -2011 11- May -2011 06- Apr -2011 11- May -2011 04- May -2011 13- Apr -2011 20- Apr -2011 04- May -2011 11- May -2011 06- Apr -2011 06- Apr -2011 27- Apr -2011 04- May -2011 13- Apr -2011 27- Apr -2011 11- May -2011 01- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 11- May -2011 10- Mar -2011 08- Apr -2011 18- Apr -2011 21- Apr -2011 03- May -2011 09- May -2011 27- Apr -2011 06- Apr -2011 13- Apr -2011 04- May -2011 20- Apr -2011 27- Apr -2011 04- May -2011 04- May -2011 04- May -2011 27- Apr -2011 04- May -2011 06- Apr -2011 11- May -2011 11- May -2011 11- May -2011 20- Apr -2011 04- May -2011 04- May -2011 04- May -2011 04- May -2011 27- Apr -2011 04- May -2011 06- Apr -2011 27- Apr -2011 04- May -2011 06- Apr -2011 13- Apr -2011 11- May -2011 20- Apr -2011 11- May -2011 20- Apr -2011 11- May -2011 Purpose REFUND CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MAINTENANCE/REPAIRS MATERIALS GRANT MEMBERSHIP SERVICES MATERIALS SERVICES SERVICES SERVICES COURIER COURIER MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REMITTANCE ADMINISTRATIVE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SUPPORT & UPGRADE MATERIALS CONSULTING SERVICES CONTRACT SERVICES MATERIALS MONTROSE ROAD COST SHARE DEBT 100 -2001 JAN -MAR DEVELOPMENT CHGS TRAFFIC SIGNALS MARCH WATER 1st & 2nd QUARTER WASTE MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS SERVICES MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND MATERIALS MAINTENANCE/REPAIRS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS SERVICES SERVICES CONSULTING SERVICES SERVICES SERVICES REFUND MATERIALS MATERIALS GRANT PETTY CASH REFUND ADVERTISING Page 9 of 12 Amount 1,070.00 9,492.00 355.95 205.43 22, 600.00 158.50 51.50 725.72 753.89 185.67 1,671.27 219.81 24,866.67 400.00 501.72 2,300.11 30.00 25.00 55.00 14.17 90.51 372.90 9,303.29 172.89 152.55 101.70 1,865.89 781.14 432,520.00 1,170.00 1,468.39 378.55 485,330.00 489,049.17 512,537.82 1,296.00 2,360.70 293.14 16, 211.65 15,736.07 80,323.38 9,681.73 1,226,188.67 16, 851.91 1,922,421.53 3,287,173.96 267.30 300.00 129.50 228.50 1,900.84 2,485.62 4,601.68 129.94 135.59 4,037.98 4,941.77 2,350.68 284.93 150.00 46.76 528.84 264.42 678.00 202.51 282.50 1,525.50 282.50 720.09 88.30 97.63 2,255.94 66.16 963.21 50.00 247.44 61.01 485.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SOCAN SOMERVILLE,ADONIS SPEARE SEEDS ST CATHARINES HOSPITAL FOUNDATION - WALKER FAMILY ST JOHN AMBULANCE ST. CATHARINES FREIGHTLINER TRUCK & TRACTOR STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STAMFORD VOLUNTEER FIREMAN'S ASSOCIATION STAR COLLISION SERVICE STE CROIX,LESTER J& STE CROIX, NINA STEMPSKI,RACHEL STEVENSVILLE LAWN SERVICE INC STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STONE,STEVE STORAGE NIAGARA STORAGE NIAGARA STRANGES,DOMENIC STREAMLINE STREAMLINE STREAMLINE STUART,DAVE SULLIVAN MAHONEY LLP IN TRUST SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND COLLECTIONS - GROUP FINANCE SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND COLLECTIONS - GROUP FINANCE SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP 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 SUPERIOR PROPANE INC SUPERIOR PROPANE INC TAB TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TD CANADA TRUST PROPERTY TAX DEPARTMENT TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY THE LUNDY'S LANE HISTORICAL SOCIETY THE REVIEW TIM HORTONS STORE #30 TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOROMONT TORONTO STAMP INC TOTH,STEVE TOTH,STEVE TRACTION HAMILTON TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSFORM - THE INSIDE OUTFITTERS TRANSFORWARD CONSULTING GROUP INC. TREASURE HOUSE IMPORTS LTD TUFF BOYS PLOW AND LANDSCAPE TWARDAWSKY,NICK ULINE CANADA CORPORATION Cheque No 345629 345357 346074 346076 345760 346077 345495 345630 346075 345358 345631 345632 345496 345759 345359 345361 345360 345761 346078 345362 345497 345762 345633 345945 Cheque Date 20- Apr -2011 06- Apr -2011 11- May -2011 11- May -2011 27- Apr -2011 11 May - 2011 13- Apr -2011 20- Apr -2011 11- May -2011 06- Apr -2011 20- Apr -2011 20- Apr -2011 13- Apr -2011 27- Apr -2011 06- Apr -2011 06- Apr -2011 06- Apr -2011 27- Apr -2011 11- May -2011 06- Apr -2011 13- Apr -2011 27- Apr -2011 20- Apr -2011 11- May -2011 WIRE 29- Apr -2011 345345 06- Apr -2011 345498 13- Apr -2011 345634 20- Apr -2011 345914 04- May -2011 346057 11- May -2011 345499 13- Apr -2011 345764 27- Apr -2011 346080 11- May -2011 345636 20- Apr -2011 345763 27- Apr -2011 346079 11- May -2011 345765 27- Apr -2011 345766 27- Apr -2011 345365 06- Apr -2011 345366 06- Apr -2011 345767 27- Apr -2011 345368 06- Apr -2011 345500 13- Apr -2011 345639 20- Apr -2011 345768 27- Apr -2011 345916 04- May -2011 346081 11- May -2011 346083 11- May -2011 345917 04- May -2011 345367 06- Apr -2011 345638 20- Apr -2011 346082 11- May -2011 345318 06- Apr -2011 345501 13- Apr -2011 345918 04- May -2011 345919 04- May -2011 345502 13- Apr -2011 345920 04- May -2011 346084 11- May -2011 345921 04- May -2011 345369 06- Apr -2011 346085 11- May -2011 345370 06- Apr -2011 345923 04- May -2011 345371 06- Apr -2011 345503 13- Apr -2011 345769 27- Apr -2011 345924 04- May -2011 346086 11- May -2011 345922 04- May -2011 346087 11- May -2011 345770 27- Apr -2011 346088 11- May -2011 346089 11- May -2011 Purpose ADMINISTRATIVE REFUND MATERIALS GRANT GRANT MATERIALS MATERIALS MATERIALS GRANT MAINTENANCE/REPAIRS REFUND REFUND CONTRACT SERVICES SERVICES MATERIALS ADMINISTRATIVE SERVICES SERVICES REFUND MAINTENANCE/REPAIRS MATERIALS MAINTENANCE/REPAIRS PETTY CASH ADMINISTRATIVE 345635 20- Apr -2011 REMITTANCE MAY PREMIUMS FUEL FUEL FUEL FUEL FUEL MATERIALS MATERIALS MATERIALS FUEL FUEL FUEL MATERIALS SERVICES ADVERTISING SERVICES REFUND SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS ADVERTISING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS Page 10 of 12 Amount 101.70 70.00 1,966.20 4,057.50 2,491.67 1,631.46 20.85 14.64 14,440.00 1,268.20 1,050.00 20.00 2,625.00 102.76 1,127.74 300.00 288.15 288.15 149.73 248.60 350.30 627.15 422.20 23,646.95 988.30 302,452.81 1,979.80 48,451.60 55,410.93 56,247.42 1,636.24 517.55 115.14 163.00 1,762.12 170.47 557.36 266.21 338.83 1,857.99 60.00 1,305.61 4,961.77 23.72 796.65 796.65 89.29 23.71 2,028.12 2,292.92 7,181.76 2,626 19 7,279.72 600.00 566.80 149.12 386.10 2,255.72 141.18 1,559.54 116.96 137.50 136.00 207.47 333.92 83.02 132.12 107.00 125.35 2,521.03 13,554.19 5,062.40 1,106.27 99.50 125.72 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name UNITED WAY UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VAIL,TIM VECTOR TOOLING VECTOR TOOLING VIKING CIVES LTD VIKING CIVES LTD WAJAX INDUSTRIES WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WASTE MANAGEMENT WELDDARE METAL WORKS LTD WELLAND COUNTY LAW ASSOCIATION WELMAR RECREATIONAL PRODUCTS WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTFALL,CHRIS WFS LTD WFS LTD WFS LTD WHEELER,SUE WILSON,STEVE WINGATE PRODUCTS CORPORATION WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YWCA Cheque No. 345372 345925 345771 345504 345772 345773 345641 345928 345926 345927 346090 345505 345929 345930 345304 345374 345507 345643 345775 345932 345373 345506 345642 345774 345931 346091 345644 345645 345646 345647 345648 345649 345934 346093 345933 345375 345650 345935 345376 345508 345377 345776 345785 345936 345777 345937 346094 345509 345778 346095 345779 345445 345719 346018 345378 345510 345651 345938 345379 345380 345381 345511 345780 345939 345940 346096 346097 345382 345652 345941 345781 345512 346098 345653 345782 345942 346099 345783 Cheque Date 06- Apr -2011 04- May -2011 27- Apr -2011 13- Apr -2011 27- Apr -2011 27- Apr -2011 20- Apr -2011 04- May -2011 04- May -2011 04- May -2011 11- May -2011 13- Apr -2011 04- May -2011 04- May -2011 06- Apr -2011 06- Apr -2011 13- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 06- Apr -2011 13- Apr -2011 20- Apr -2011 27- Apr -2011 04- May -2011 11- May -2011 20- Apr -2011 20- Apr -2011 20- Apr -2011 20- Apr -2011 20- Apr -2011 20- Apr -2011 04- May -2011 11- May -2011 04- May -2011 06- Apr -2011 20- Apr -2011 04- May -2011 06- Apr -2011 13- Apr -2011 06- Apr -2011 27- Apr -2011 29- Apr -2011 04- May -2011 27- Apr -2011 04- May -2011 11- May -2011 13- Apr -2011 27- Apr -2011 11- May -2011 27- Apr -2011 13- Apr -2011 27- Apr -2011 11- May -2011 06- Apr -2011 13- Apr -2011 20- Apr -2011 04- May -2011 06- Apr -2011 06- Apr -2011 06- Apr -2011 13- Apr -2011 27- Apr -2011 04- May -2011 04- May -2011 11- May -2011 11- May -2011 06- Apr -2011 20- Apr -2011 04- May -2011 27- Apr -2011 13- Apr -2011 11- May -2011 20- Apr -2011 27- Apr -2011 04- May -2011 11- May -2011 27- Apr -2011 Purpose PAYROLL REMITTANCE PAYROLL REMITTANCE CONSULTING SERVICES SERVICES SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MAINTENANCE/REPAIRS MEMBERSHIP MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS SERVICES GRANT GRANT MATERIALS MATERIALS MATERIALS REMITTANCE GRANT GRANT CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE SUBSCRIPTION PETTY CASH PETTY CASH PETTY CASH MAINTENANCE /REPAIRS ADVERTISING ADVERTISING SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES GRANT Page 11 of 12 Amount 2,997.50 1,079.00 19,207.56 402.16 81.18 11, 689.09 8,537.46 1,779.75 146.89 22.60 180.80 953.55 1,997.34 7,454.70 1,903.82 52.78 60.34 460.10 127.75 1,161.10 4,917.92 969.26 3,218.62 1,777.75 3,741.37 575.98 104.25 45.20 84.75 4,422.16 1,824.63 1,435.10 2,601.22 1,427.87 600.00 53.04 796.04 20.74 157.50 45.00 179.95 65.00 100,000.00 28, 500.00 644.10 237.03 858.80 250.00 1,612.50 5,000.00 2,000.00 236.16 150.00 842.93 670.86 472.69 383.58 121.08 5,346.61 38.43 1,128.57 15,047.69 10,709.45 32,047.67 754.12 19,418.25 78.75 416.78 685.85 701.65 107.35 52.03 113.28 2,838.10 592.66 3,684.66 744.20 4,277.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 12 of 12 Vendor Name Cheque No. Cheque Date Purpose Amount Z CARD CANADA 345784 27- Apr -2011 ADVERTISING 4,822.28 ZEIDLER PARTNERSHIP 345383 06- Apr -2011 CONTRACT SERVICES 348.04 Total 29,266,201.56 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -25 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE F- 2011 -25 Niagaraaalls May 30, 2011 This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of April 30, 2011 were $31.1 million compared to 32.9 million in 2010. During April, tax receivables as a percentage of taxes billed decreased slightly from 42.6% in 2010 to 39.2% in 2011. The City's finance staff has had success in resolving 74% of properties that are subject to registration for 2011. There are currently twenty -four properties scheduled for tax sale in the next two years. This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. Tax collection for 2011 improved during the month of April. Table 1 shows that taxes outstanding at April 30, 2011 are $31.2 million. This represents a decrease from $32.9 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 commercial property class have decreased from a year ago, whereas the residential property class has increased. 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 four months of activity. This table shows 73.8% of the tax accounts or 288 properties have been paid in full or the owners have made suitable payment arrangements. During April, eighteen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 63.3% (March) to 73.8% (April). May 30, 2011 - 2 - F- 2011 -25 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 April, three registered properties were redeemed. The outstanding taxes for registered properties represents 7.1% 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 April 30, 2011 is 39.2% which is a decrease from 2010's value of 42.6 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Respectfully submitted: A. Felicetti Taxes Receivable at April 30, 2011 Taxes Receivable by Property Class at April 30, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harr' on, Dir ctor of Finance Ken To d, Chief Administrative Officer TABLE 1 1 Taxes Receiva' ril Outstanding Taxes @ March 31, 2011 Taxes Due April 29, 2011 Penalty charged in April Taxes Collected during April Outstanding Taxes @ April 30, 2011 $ 57,561,464 $ 39,713,702 $ 278,851 $ 66,428,954 $ 31,125,063 $ 56,317,739 $ 38,671,415 $ 310,580 $ 62,355,039 $ 32,944,695 Taxes Past Due $ 31,125,063 $ 32,944,695 TABLE 2 Residential Multi- Residential Commercial Industrial Farmlands Total Receivables 2011 Taxes Owing $ 12,833,615 $ 690,048 $ 16,500,295 $ 1,078,564 $ 22,541 $ 31,125,063 % of Class 41.23% 2.22% 53.01% 3.47% 0.07% 100.00% 2010 Taxes Owing $ 12,391,260 $ 497,708 $ 19,029,370 $ 1,008,144 $ 18,213 $ 32,944,695 Vo of Class 37.61% 1.51% 57.76% 3.06% 0.06% 100.00% TABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered 390 55 192 143 0 390 390 73 215 102 0 390 18.7% 55.1% 26.2% 0.0% 100.0% May 2011 November 2011 May 2012 Totals 0 14 10 24 $ $ 1,508,429 $ 708,930 $ 2,217,359 Niagararalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2011 -18 May 30, 2011 SUBJECT: MW- 2011 -18 Kalar Road Reconstruction Project Lundy's Lane to Beaverdams Road CNR Standard Warning System and Crossing Reconstruction Agreements RECOMMENDATION 1. That the Mayor and City Clerk be authorized to execute the CNR Standard Crossing Warning System Notification Agreement and the Standard Crossing Reconstruction Agreement. EXECUTIVE SUMMARY The upgrading and widening on Kalar Road between Lundy's Lane and Beaverdams Road has been warranted due to increased traffic demands in the Garner Neighbourhood. Widening the road way to four lanes will require the extension and upgrade of the railway signals, gates and warning system at the crossing. The City is responsible for the entire cost of these upgrades estimated to be approximately $217,700. The purpose of this report is to seek Council's approval to execute the necessary agreements with Canadian National Railway (CNR) who will be completing this work on the City's behalf in coordination with the City's road contractor. The physical construction is not scheduled until 2012 however lead time is needed to coordinate the works and allow for the delivery of the needed materials. BACKGROUND An Environmental Assessment (EA) was completed in 2003 for this section of Kalar Road with The warning system modifications were based on the design prepared by Delcan Corporation, a consulting engineering firm working for the City. The Kalar Road railway crossing will be reconstructed to the new four lane cross - section in conjunction with this project. This will also include the installation of a new warning device system, railway signals and gates. The CNR will complete these works and therefore require the signing of a Standard Unfunded Crossing Warning System Modification Agreement and Standard Crossing Reconstruction Agreement. May 30, 2011 ANALYSIS /RATIONALE The Agreements are standard documents which the municipality has signed for similar installations at other locations. FINANCIAL IMPLICATIONS The Kalar Road - Lundy's Lane to Beaverdams Rd. Reconstruction Project is a multi -year project for which sufficient funds have been allocated in the 2011 Capital Budget. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: G.Holman /R. Volpini - 2 - MW- 2011 -18 i Geo Holm , Director of Municipal Works Ken Vodd, Chief Administrative Officer \ iagarapi11s Location Map Kalar Road Railway Crossing O Railway Crossing Railway Ortho Image ca 2010 K: \Gis_Requests\ 2011\ Custom\Intemal \MunWorks \Kalar_RailCross.map NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That the Mayor and City clerk be authorized to execute an agreement with Sinking Ship Entertainment for the TVO television show location. EXECUTIVE SUMMARY This approval is necessary to execute an agreement with Sinking Ship Entertainment to utilize the Crimson Park playground redevelopment for the filming of an episode of their new "Giver" television show. The television show will be broadcasted on TVO. Sinking Ship Entertainment has committed $10,000 to the redevelopment of the Crimson Park playground. BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falis, Ontario Municipal Works MW- 2011 -22 Crimson Park Playground TV Ontario MW- 2011 -22 May 30, 2011 Crimson Park is located on the south side of McLeod Rd, off of Drummond Road. The park was established in 1993 and is one of our older parks in the City. A Ten Year Plan is currently being updated to assist Staff in determining an order in which play spaces will be renovated. A CSA certified Parks Staff inspects play structures on a regular basis. Due to the continued deterioration of the Crimson play structure, it was deemed unsafe for children to play on and was removed in the Fall of 2010. An Open House was held on December 15, 2010, allowing the Crimson Park neighbours an opportunity to discuss the proposed new play ground and provide input on what play components they would like to see in the future playground. Neighbours were reminded that the project would be dependent on budget approval. In March 2011, an interesting development occurred that allowed Staff to apply to a TVO television show that renovates playgrounds. The "Giver" show, created by Sinking Ship Entertainment focuses on gathering communities together and fostering the rejuvenation of a playground. The application was forwarded to TVO's Sinking Ship Entertainment with a letter attached from a 12 year old girl, written to Mayor James M. Diodati last Fall, asking for his help to fix the Crimson neighbourhood playground. The application was a success and Niagara Falis is now one of 13 communities in Ontario whom the Giver show producers will work with to bring the playground design and installation to fruition. TVO's Sinking Ship Entertainment is committed to contributing $10,000 towards the costs. May 30, 2011 A second Open House was held on May 11, 2011 allowing the Crimson Park neighbours an opportunity to learn more about the partnership between the City and TVO. Playground companies were invited to submit their proposals with a themed "Maid of the Mist/nautical" concept, through an RFP process. The proposals were displayed and the public then commented on the various components they would like to see in their new revitalized park. The Open House was well attended by the Crimson neighbours. Kristen McGregor, Creative Producer for the new TVO show "Giver ", was on hand to discuss the television show in more detail, including how the Crimson neighbours can be more involved in the design of their playground and be a part of the "Giver" show. With Council's approval the Crimson Park playground will continue with the timeline currently in place. The landscaping and infrastructure work is planned take place late June through July 2011. Playground equipment installations along with TVO filming will take place July 29 to 31s of this year. ANALYSIS /RATIONALE FINANCIAL /STAFFING /LEGAL - 2 - MW- 2011 -22 In addition to the financial contribution of $10,000 towards the redevelopment of the Crimson Park playground, an agreement with Sinking Ship Entertainment to undertake filming in Crimson Park will provide positive television promotion of the City of Niagara Falls. This project is identified in the 2011 Capital Budget. The expenditures required for Crimson Park playground and landscape improvements were identified in the budget sheet included in the Capital Budget. At the present time there are no revisions to the budget expenditures or funding sources. A report recommending the award of a contract to undertake landscape and infrastructure improvements at Crimson Park will be brought forward to Council at a later date. There are no staffing implications with the redevelopment of Crimson Park. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS Attachment #1 -Giver Program Information. Attachment #2 - Crimson Park - Redevelopment Concept Plan. May 30, 2011 Recommended by: Respectfully submitted: G. Holman - 3 - ,Geoff Holman, Director of Municipal Works Ken odd, Chief Administrative Officer MW- 2011 -22 MW- 2011 -22 ATTACHMENT #1 TVO Kids 22- Minute Show and corresponding Website Family Audience Demographic Filming Summer 2011 'Think: Extreme Makeover, Playground Edition" About Giver (Season 1 in production in Summer 2011): Introducing Giver a series about enterprising 7 -11 year -old kids that work together to reclaim and enhance their playground spaces in their communities across Ontario. A group of 6 kids from the must decide on a new theme for their playground — choose what equipment to keep and what to scrap. What pieces to add and what murals to paint. They have to find out what their community wants — is it a sandbox, a garden, a pond, a dog park? On top of all that, they need to figure out how they're going to pay for everything and, did we mention, they only have 3 days to do it! Fortunately, the kids aren't alone. Each episode will feature an enthusiastic duo of hosts to assist them — a handy carpenter and a multi - talented artist who will work with the kids to see that their new playground vision is brought to fruition. Series Covers: • STEM Subjects (Science, Technology, Engineering, Math) • Civic Engagement /Activism (How kids can ignite change in their communities) Sustainable /Green /Eco initiatives (using recycled products, learning about environment) • Physical Activity for children (encouraging kids through show and website to go play outside, encouraging families to visit these playgrounds together) • Local travel (showcasing wonderful destinations in Ontario, map of playgrounds on website) About Sinking Ship Entertainment (Production Company for Giver): Sinking Ship Entertainment is an award winning television and new media company dedicated to creating groundbreaking live- action programming and cross - platform new media content. Since its inception in 2002, Sinking Ship has created, produced and directed some of Canada's most successful children's programs to date including "This Is Daniel Cook," "This Is Emily Yeung," "Roll Play," "I Dare You!," "Are We There Yet ?: World Adventure," "The Jungle Room," "The Ocean Room," and their latest adventure "Dino Dan ". The company has produced 10 series that can be seen in over 130 countries! PD- 2011 -36 Niagara,Falls May 30, 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 -36 AM- 2010 -012, Zoning By -law Amendment Application West Side of Kalar Road South of Lundy's Lane Applicant: River Realty Development (1976) 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 lands zoned Residential Single Family 1 E Density (R1 E -918), Residential Low Density, Group Multiple Dwelling (R4 -919), Residential Apartment 5B Density (R5B- 920) and Residential Apartment 5C Density (R5C -921) to allow the subdivision process to proceed. EXECUTIVE SUMMARY Proposal Council applied a Holding (H) symbol to the lands shown on Schedule 1 to ensure that they would not be developed before adequate stormwater management facilities were available and assurances were given that a portion of the lands (site of a former hydro transformer) were free from contamination. To address the servicing issue, the applicant is contributing his share of funds to the necessary downstream stormwater management upgrades to the City's satisfaction. To address the possible contamination issue, the applicant prepared an Environmental Assessment and filed a Record of Site Condition with the Ministry of the Environment that indicates that the lands are suitable for residential use. • As the requirements of the holding provisions have been met to the satisfaction of the City and the Region of Niagara, the (H) symbol can be lifted. BACKGROUND In 2010, Council draft approved the Deerfield Phase 9 Plan of Subdivision and passed Zoning By -law No. 2010 -152 to permit the development of the subdivision (refer to Schedule 2 for details of the subdivision). The plan of subdivision accommodates the development of 207 single detached Tots and 4 blocks of land for townhouses and apartments and /or a retirement home (between 145 and 199 multiple units in total). May 30, 2011 - 2 - PD- 2011 -36 Zoning By -law No. 2010 -152 placed a Holding (H) symbol on 79 of the single detached lots and the 4 multiple residential blocks. The location of affected lands is shown on Schedule 1. The H symbol can be lifted once the following conditions are met: - adequate stormwater facilities are made available to the satisfaction of the City; and the landowner completes the necessary Environmental Site Assessments for Block 210 of the draft plan and files a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry (Ontario Ministry of the Environment). The applicant has taken the necessary steps to address the reasons for the Holding symbol and is requesting the H symbol be lifted to permit the development to proceed. Circulation Comments The Planning Act requires notice of the lifting of an H symbol be given to landowners affected by the H symbol and any members of the public or agencies that have submitted a written request for notice of the lifting of the H symbol. In accordance with these regulations, information regarding the lifting of the H symbol was circulated to the Regional Municipality of Niagara and the landowner. The following summarizes the comments received to date: • Regional Municipality of Niagara • Municipal Works ANALYSIS Phase 1 and 2 Environmental Site Assessments have been completed for the former Hydro substation on Block 210 and the Ministry of the Environment has acknowledged the filing of a Record of Site Condition in the Environmental Site Registry, to the Region's satisfaction. The Region has no objection to the lifting of the H symbol. The developer has agreed to contribute the appropriate share of funding for the construction of the necessary stormwater upgrades within the Warren Creek watershed. These contributions will be provided at the time of execution of the subdivision agreement. With these contributions Municipal Works is satisfied adequate stormwater facilities will be available prior to development and support the lifting of the H symbol. Stormwater for the plan of subdivision is to be directed south to existing and proposed facilities including facilities within the Warren Creek watershed area. These facilities are to be constructed or upgraded downstream in the future to accommodate flows from this plan of subdivision as well as the Warren Woods development. The H symbol was placed on the lands to ensure Tots and blocks that cannot be serviced prior to these upgrades are not developed. May 30, 2011 The applicant has made commitments to contribute his share of the funds to construct the necessary stormwater management facilities. The funds will be provided through the execution of the subdivision agreement prior to registration fo the subdivision. With the payment of these funds Municipal Works is satisfied that the necessary stormwater management facilities will be in place to service the lots. Therefore the H symbol can be lifted off the subject lands. The H symbol applies to Block 210 in the plan of subdivision pending the completion of an Environmental Assessment and the filing of a Record of Site Condition (RSC) with the Environmental Site Registry. The applicant has now conducted the necessary Environmental Assessments, which indicate the property is safe for residential development. The filing of a Record of Site Condition in the Environmental Site Registry has been acknowledged by the Ministry of the Environment. As all conditions have been met with respect to the H symbol on Block 210, the H Symbol can be lifted. CITY'S STRATEGIC PRIORITIES Removal of the H symbol will allow the development, as approved by Council and permitted by the Official Plan, to proceed. Development of the land is proposed to occur in an orderly and efficient manner that will take advantage of existing and planned infrastructure. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Draft Approved Plan of Subdivision Recommended by: Respectfully submitted: A.Bryce:mb Attach. - 3 - PD- 2011 -36 Alex Herlovitch, Director of Planning, Building & Development K ' Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -36, AM- 2010 -012, Removal of a Holding Symbol, West side of Kalar Road South of Lundy's Lane.wpd May 30, 2011 - 4 - SCHEDULE 1 PD- 2011 -36 Subject Land LOCATION MAP 11111 ti 111111x I 111110011 � •• i' lippi VI 11111111111111 lessan MEM Mil �••••• NISI= all 1 j "rr r FQRESTVIEW BV F�� 41 61 Amending the Zoning By -law No. 79-200 Location: West Side of Kalar Road South of Lundy's Lane Applicant: River Realty Development (1976) Inc. May 2011 AM - 2010- 012 Niagaraalls 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 -23 Queen Street at Crysler Avenue Intersection Control Review BACKGROUND TS- 2011 -23 May 30, 2011 RECOMMENDATION That an all -way stop be installed at the intersection of Queen Street and Crysler Avenue. EXECUTIVE SUMMARY The recommended all -way stop control at the intersection of Queen Street and Crysler Avenue will concur with driver expectations and behaviour given the street grid pattern and the all -way stop controls at the three adjacent intersections. The additional control will also provide for a safer crossing environment for pedestrians by equally allocating the right -of- way within the intersection. At the request of the Downtown Niagara Falls Board of Management, staff investigated whether an all -way stop is warranted at the intersection of Queen Street and Crysler Avenue. The intersection of Queen Street and Crysler Avenue is controlled by stop signs on the north and south approaches only. St. Lawrence Avenue is the next street to the west and its intersection with Queen Street is controlled by an all -way stop. The next two intersections to the east, St. Clair Avenue and Ontario Avenue, are also controlled by all - way stops. Previously, the intersections of Queen Street at St. Clair Avenue and Queen Street at St. Lawrence were controlled by traffic signals, but were permanently converted to all -way stops in 2010. A technical review was carried out to assess the intersection control that would best serve the public at Crysler Avenue and Queen Street. Technical data collected includes the volume of traffic on the main street, the volume of traffic on the side street in addition to the volume of vehicles and pedestrians crossing the intersection, observations, collision history and a visibility review. Observations identified that several motorists on Queen Street are completing full or partial stops in anticipation of a stop sign given that they had to complete a stop at the previous intersection(s) and thus had assumed that this intersection also had an all -way stop May 30, 2011 control. This manoeuvre was noted to occur on many occasions during staff observations, and it was noted that it created uncertainty for the motorist behind the slowing /stopped vehicle. Furthermore, pedestrians attempting to cross Queen Street on occasion appeared uncertain as to when to safely cross, by initially proceeding and then stepping back onto the curb. There are several pedestrian generators in the vicinity and a consistent volume of pedestrians was observed crossing Queen Street near the intersection throughout the day. Traffic volumes on Queen Street (between St. Lawrence Avenue and Crysler Avenue) average 370 vehicles per hour during regular business hours according to an intersection traffic count done in March 2011. The volumes have remained consistent since the previous traffic count done in June 2009, which was before the construction project and installation of the existing all -way stops. The traffic volumes on Crysler Avenue are similar to those on St. Lawrence, however, lower than those on St. Clair. A radar spot speed study was carried out which identified that motorists are travelling within the 50km /h speed limit as the operating speed obtained was 40km /h. There have been no reported motor vehicle collisions at this intersection in the previous three years. All -way stops are intended to allocate the right -of -way for vehicular and pedestrian traffic through intersections. They are typically warranted when traffic volumes on both streets are similar and /or where visibility is restricted or a collision problem exists. In this instance, one of the above conditions exists, however; given the unique condition of the intersections' current operations, the installation of an all -way stop control is considered viable in improving safety by eliminating motorists and pedestrians' uncertainty as to right - of -way. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2011 General Purposes Budget. Cost studies estimate that the cost to install the required signs is approximately $2,000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing BIA letter Recommended by: Respectfully submitted: - TS- 2011 -23 Karl Dren, Director of Transportation Services Keh Todd, Chief Administrative Officer 1j3/1:7 0111 lean I January 14. 2011, Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON 1.2E 6X5 Dear Mr. Iorfida: ourway Stop at rsler.doc Thanking you in advance fur ysur assistance. Regards. Toni Williams General Manager .„ - Dovvii Niagara Board of Management At our BIA Board of Directors meeting of Wednesday January 6 2011. a motion was put forth. voted and passed that a four way stop be made at the corners of Queen Street and Crysler Avenue. Our main concerns with this particular intersection is that all the other intersections have stop signs and it seems to confuse drivers as to whether to stop at this intersection ar not. We are now writing to you in the hopes of having your support and assistance in beginning the process to remedy this safety issue. Could you please advise what our next course of action would be to initiate this process? Temporary Location: Tel: 905- 356 -5444 4691 Ontario Avenue Fax 905 -356- 5667 Mailing Address: bia@niagarafallsdowntown.com P.O. 13ox 5 www.niagarafallsdowntown.com Niagara Falls, ON L2E 6S8 www.oueenstrecmiagarafalls.cotn Pale 1 (Ttra PARK :S PARK ST ;QUEEN PARK ST QUEEN ST ., MURtN STUDY INTERSECTION 'PARK ST PA•KSE�, QUEEN SCI; U ON' : :ST4:, !,4 TS- 2011 -23 Queen Street @ CryslerAvenue Niagara., alls Intersection Control Review Existing All -Way Stop CITY OF NIAGARA FALLS By -law No. 2011- A by -law to amend By -law No. 2007 -236, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands on the west side of Kalar Road, south of Lundy's Lane, to allow development on a portion of the Deerfield Phase 9 plan of subdivision. WHEREAS By -law No. 2010 -152 includes land use holding prohibitions that have the effect of zoning the lands R1E (H) 918, in part, R4 (H) 919, in part, R5B (H) 920, in part, and R5C (H) -921, in part; AND WHEREAS the purpose of this by -law is to remove the land use holding prohibitions set out in By -law No. 2010 -152 to have the effect of zoning the lands R1 E 918, in part, R4 919, in part, R5B 920, in part, and R5C 921, in part; AND WHEREAS the purpose of this by -law is to amend By -law No. 2010 -152 such that the provisions of By -law No. 2010 -152 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 -152 have been achieved and that the condition(s) required for the removal of the holding provisions of By -law No. 2010 -152 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 -152 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 -152 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 -152 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 -152. 3. The balance of By -law No. 2010 -152 is hereby declared to be in full force and effect. Passed this thirtieth day of May, 2011. First Reading: Second Reading: Third Reading: May 30, 2011 May 30, 2011 May 30, 2011 S:\ZONING\AMS\2010\By -1 aws\B yam012# 2. wpd -2 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR A by -law to provide for the adoption of Amendment No. 100 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 100 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011 May 30, 2011 May 30, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - S: \OFFICIAL.PLN\AMEND \# I00 - Oldfield Subdivision\By- law_I00.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 100 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 entitled "Map 1 to Official Plan Amendment No. 100" shall be redesignated from Residential and Special Policy Area 56 to Environmental Protection Area on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by deleting Subsection 56 in its entirety and replacing it with the following: 14.56 SPECIAL POLICY AREA "56" Special Policy Area "56" applies to approximately 252 hectares of land located south of McLeod Road and north of Chippawa Parkway, between Stanley Avenue and Dorchester Road. The lands are designated Residential and Environmental Protection Area. 14.56.1 The Residential policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Development will occur in accordance with a Secondary Plan to be adopted as an amendment to this Plan. The extent of the Residential designations and Environmental Protection Area designations may be affected by the environmental and feasibility studies yet to be completed and will be refined through the Secondary Plan process. 14.56.1.1 14.56.2.1 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. 14.56.2 The Secondary Plan shall address the policies of Part 4, Section 3 of this Plan and the following: Residential design in compliance with the greenfield policies and density targets of the Growth Plan for the Greater Golden Horseshoe and all applicable Growth Management Studies. 14.56.2.2 14.56.2.3 The availability of adequate municipal services including road, water, sanitary sewer and stormwater management services including the location of a pumping station to service the southern portion of the subject lands. 14.56.2.4 14.56.3 The Secondary Plan may include design guidelines for public realm facilities including neighbourhood structure, block design, lot size and variety, neighbourhood edge interfaces, local street design guidelines, sidewalks and streetscaping, parks, trails and open spaces and natural heritage as well as the private realm including building variety and density, setbacks, building height, apartment buildings and parking areas. 14.56.4 The Secondary Plan shall require the completion of the appropriate studies or the receipt of Records of Site Conditions through implementing planning applications. 14.56.5 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. Refinement to the extent of the Environmental Protection Area and Residential designations and the establishment of appropriate setbacks and linkages will occur at the Secondary Plan, zoning by -law, plan of subdivision, plan of condominium and site plan control stages and shall be based on detailed Environmental Impact Studies. 14.56.6 As part of the Secondary Plan, the proponent shall prepare a report to determine the feasibility of creating a wetland area south of the Con Rail Drainage Ditch to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). (a) The report will assess the feasibility of satisfying the following criteria: - 2 - The separation and buffering of sensitive land uses from existing rail lines and proximate industrial land uses, facilities and designations in accordance with relevant Provincial and Regional policies and regulations and in consultation with industrial properties owners in the area. 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. That an area of wetland be created south of the Con Rail Drainage Ditch that is greater than or equal to the area of wetland to be lost north of the Drainage Ditch. The boundary of all wetlands located north of the Con - 3 - S: \OFFICIAL.PLN\AMEND \# 100 - Oldfield Subdivision\BODY_100.wpd Rail Drainage Ditch will be verified in the field by a qualified biologist to accurately assess the area of wetlands to be developed and created. That the wetland created south of the Con Rail Drainage Ditch be constructed to match both the hydrological and ecological functions of any wetlands to be lost north of the Drainage Ditch. (b) In order to determine the feasibility of creating wetlands south of the Con Rail Drainage Ditch, the feasibility report shall include the following items: A detailed assessment of all earthworks and site grading required to facilitate wetland creation on the site. The assessment shall also include a detailed inventory of vegetation to be removed through any required earth works and site grading. A hydrological assessment which will outline and detail the existing hydrologic function of wetlands located north of the Con Rail Drainage Ditch, as well as assess the potential of creating wetlands south of the Con Rail Drainage Ditch. A detailed inventory of all vegetation to be removed from wetlands north of the Con Rail Drainage Ditch, as well as an assessment of habitat conditions and wildlife species utilizing wetland areas north of the Drainage Ditch. (c) No land clearing, vegetation removal or site alteration be commenced within any wetland area north of the Con Rail Drainage Ditch until all wetland creation works south of the Drainage Ditch are completed to the satisfaction of the NPCA. 14.56.7 The subject lands will be placed in an appropriate "Holding" category in the implementing zoning by -law in order to control further development in advance of approval of the secondary plan, plans of subdivision/ condominium and site plan. COOPER DR W C 5 U W MAP 1 TO AMENDMENT NO. 100 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment - Proposed Change from Residential and Special Policy Area "56" to Environmental Protection Area CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN F� ENVIRONMENTAL PROTECTION AREA INDUSTRIAL OPEN SPACE RESIDENTIAL NOTE: This schedule forms part of Amendment No. 100 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N S 1:NTS AM- 2010 -004 ma,/ 7n11 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 79 -200, to guide the development of the Oldfield Plan of Subdivision on the Lands, subject to the removal of a holding (H) symbol on a portion of the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The Lands shall be identified as nine parcels, known as Parcels R1 E -941, R 1 E(H) -941, R 1 E- 942, R3 -943, R3(H) -943, R4 -944, EPA, OS and NC(H). 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses of the Lands shall be: (a) For Parcels R1E -941, R1E(H) -941 and R1E -942, the uses permitted in a R1E zone (b) For Parcels R3 -943 and R3(H) -943, the uses permitted in a R3 zone (c) For Parcel R4 -944, the uses permitted in a R4 zone (d) For Parcel EPA, conservation use (e) For Parcel OS, the uses permitted in an OS zone (f) For Parcel NC(H), the uses permitted in a NC zone 6. The regulations governing the permitted uses on Parcels R1 E -941 and RI E(H) -941 shall be: (a) Minimum front yard depth (i) for a one family 4.5 metres detached dwelling (ii) for a private garage with driveway access from the front yard 6 metres (iii) for a private garage with driveway access from a front yard that abuts Oldfield Road (b) Minimum exterior side yard width for a private garage with driveway access from the exterior yard (c) The balance of regulations specified for a R1E use 7. The regulations governing the permitted uses on Parcel R1E -942 shall be: (a) Minimum front yard depth (i) for a one family 4.5 metres detached dwelling (ii) for a private garage with driveway access from the front yard (b) Minimum interior side yard width (i) for a one family 1.2 metres detached dwelling (ii) for a garage not 0.9 metres exceeding 1 storey in height (c) Minimum exterior side yard width -2- 8 metres 6 metres 6 metres (i) for a one family 3 metres detached dwelling (ii) for a porch 1.5 metres (iii) for a private garage 6 metres with driveway access from the exterior side yard (d) Maximum lot coverage 45% -3- (e) The balance of regulations specified for a R1 E use 8. The regulations governing the permitted uses on Parcels R3 -943 and R3(H) -943 shall be: (a) Minimum lot area for a one 315 square metres family detached dwelling (b) Minimum lot frontage for a one family detached dwelling (i) for an interior lot 9.5 metres (ii) for a comer lot (c) Minimum front yard depth (i) for a dwelling 4.5 metres (ii) for a private garage with driveway access from the front yard (d) Minimum interior side yard width (i) for a one family detached dwelling, semi - detached dwelling or duplex dwelling (ii) for an on- street townhouse dwelling, triplex dwelling or quadruplex dwelling (iii) for a garage not exceeding 1 storey in height (e) Minimum exterior side yard width 12.7 metres 6 metres 1.2 metres 2 metres 0.9 metres (i) for a dwelling 3 metres (ii) for a porch 1.5 metres (g) (iii) for a private garage with driveway access from the exterior side yard (f) Maximum lot coverage -4- 6 metres 50% The balance of regulations specified for an R3 use 9. The regulations governing the permitted uses on Parcel R4 -944 shall be: (a) Maximum lot area 285 square metres for each dwelling unit (b) The balance of regulations specified for an R4 use 10. The regulations governing the permitted uses on Parcel OS shall be the regulations specified for an OS use. 11. The regulations governing the permitted uses on Parcel NC shall be the regulations specified for an NC use. 12. For the purpose of this by -law "conservation use" means the use of land and /or water for the purpose of planned management of natural resources. 13. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 14. No person shall use the Lands for a use that is not a permitted use. 15. No person shall use the Lands in a manner that is contrary' to the regulations. 16. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated R1E(H) and numbered 941, R3(H) and numbered 943 or NC(' I) on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed. the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. 17. The provisions of this by -law shall be shown on Sheet C6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from LI to R 1 E and numbered 941, in part, R1 E(H) and numbered 941, in part, R 1 E and numbered 942, in part, R3 and numbered 943, in part, R3(H) and numbered 943, in part, R4 and numbered 944, in part, EPA, in part, OS, in part, and NC(H), in part. -J- 18. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.941 Refer to By -law No. 2011- 19.1.942 Refer to By -1aw No. 201 1- 19.1.943 Refer to By -law No. 201 1- 19.1.944 Refer to By -law No. 2011- Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 201 1 May 30, 2011 May 30, 2011 S :\ZONING\AMS\2010\By -I aws\Byam004_ wpd SCHEDULE 1 TO BY -LAW No. 2011- Subject Land � Applicant: Drummond- Oldfieid Developments Inc. and The City of Niagara Falls ••••. ■■■■. ••••• •.• ❖ • � . •.. 111111 Amending Zoning By -law No. 79 -200 rum NM NMI ammum asualmo _ MEM rEp 111, %_ M OW? w s � W D g FERN AV JILL DR o 7.1m 266.4m I • woo f ova •� sou.4 Si/ 8 .' 42,9 ‘).••• • •••••••••• • • •� . 1111 A= 25:79m v 9 E N g9 2m 91.15m E` 25.5m 84 E 32.05m 12m M CO WNW 88.03m 1gOm 4:1:0,\41 c e ,, 254.04m 1 24.42m ® ® E O 35m R3 � 96.35m 94 :56m NC (H) atir Amusiiiian 2 ■ • 'Arno! •• • ♦ • ' • • 1 / ■ ■ ■ ■ ■1 •• •4�� i � • i�• � 1 1 ■ ■ ■ ■ ` M■■I ► OA. •44 130.34m 112.62m 577.44m 122 75m OLDFIELD RD co 0 M 35:01m M 67.06m z 0 X CL 0 E N 0 Description: PcI 188 -2 Sec 59- Stamford; Pt Twp Lt 188 Stamford Pt 1 To 5, 59R7852; Niagara Falls Pt Twp Lt 188 Stamford As In R0222044; Niagara Falls Pt Twp Lt 188 Stamford As In R0466010; Niagara Falls Pt Twp Lt 188 Stamford Pt 1, 59R11982; Niagara Falls Pt Twp Lt 188 Stamford As In ST54261; Niagara Falls Pt Twp Lt 188 Stamford As In R0491337; Niagara Falls Assessment #'s: 272511000115500; 272511000115501; 272511000103800; 272511000103700; 272511000103900; 272511000104000; 272511000104100; 272511000104200; 272511000104300 1: NTS AM- 2010 -004 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2011. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by -law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential /farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2011 taxation year have been set out in By -law 64 -2011 of the Regional Municipality of Niagara, dated 26` day of May 2011; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara, and for public and separate school purposes for the 2011 taxation year have been set out in By -law 62 -2011 of the Regional Municipality of Niagara, dated 5th day of May 2011; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2011; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2011 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Amount Assessment Amount Assessment Category General Urban Service Area RESIDENTIAL/FARM 5,664,507,105 5,283,519,881 MULTI - RESIDENTIAL 229,603,126 229,603,126 NEW MULTI - RESIDENTIAL 7,502,247 7,502,247 -2- COMMERCIAL Taxable General 10,060,000 10,060,000 Taxable Full 1,786,203,709 1,737,410,280 Excess Land 12,703,324 11,127,859 Vacant Land 102,159,081 98,802,831 New Construction 14,492,767 14,492,767 New Construction - Excess Land 42,152 42,152 Office Building 10,147,136 10,147,136 Shopping Centre 164,087,796 164,087,796 Excess Land 8,965,621 8,965,621 Parking Lot 25,315,542 24,856,292 INDUSTRIAL Taxable Full 80,620,901 75,664,355 Excess Land 3,976,159 3,310,405 Vacant Land 14,112,973 12,596,498 New Construction 1,125,138 740,000 New Construction - Excess Land 42,822 0 PIPELINES Taxable Full 32,100,357 18,816,107 FARMLANDS 33,091,938 1,022,024 MANAGED FORESTS 853,212 0 FARMLANDS AWAITING 1,603,370 0 DEVELOPMENT I 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2011 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: First Reading: Second Reading: Third Reading: (a) in the whole of the City of Niagara Falls: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $51,170,146.00, which includes the amount of $6,674,348.00 for waste management services; (ii) for public and separate school board purposes the sum of $43,653,525.00; (iii) for the purpose of The Regional Municipality of Niagara the sum of $60,889,931.00; and (b) in Urban Service Areas 1 and 2: (i) 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by -law and such tax shall become due and payable for 2011 only, for, 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By -law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by -law and to make a return of his or her Roll on or before the 31st day of December 2011. 7. This by -law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By -law shall form part of this By -law. Passed this 30th -3- for urban service purposes the sum of $6,781,341.00. (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 30, 2011 and September 30, 2011, and (b) Commercial, Industrial and Multi - Residential Assessments on August 31, 2011 and October 31, 2011. day of May , 2011 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR Assessment General Rates Urban Service Area Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Residential /Farm RT 0.438839% 0.065826% 0.600525% 0.231000% 1.336190% 0.070522% 1.406712% Multi- residential MT 0.896986% 0.134547% 1.227474% 0.231000% 2.490004% 0.144148% 2.634155% New Multi- residential 0.438839% 0.065826% 0.600525% 0.231000% 1.336190% 0.070522% 1.406712% Commercial - Occupied CT /ST /DT 0.771741% 0.115761 % 1.056084% 1.330000% 3.273586% 0.124021% 3.397607% - Vacant Unit CU /SU /DU 0.540219% 0.081033% 0.739259% 0.931000% 2.291511% 0.086814% 2.378325% - Vacant Land CX 0.540219% 0.081033% 0.739259% 0.931000% 2.291511% 0.086814% 2.378325% Commercial (New Construction) - Occupied XT 0.771741% 0.115761% 1.056084% 1.330000% 3.273586% 0.124021% 3.397607% - Vacant Unit XU 0.540219% 0.081033% 0.739259% 0.931000% 2.291511% 0.086814% 2.378325% - Vacant Land XX 0.540219% 0.081033% 0.739259% 0.931000% 2.291511% 0.086814% 2.378325% Industrial - Occupied IT /LT 1.154145% 0.173121% 1.579381% 1.930000% 4.836647% 0.185474% 5.022121% - Vacant Unit IU /LU 0.750194% 0.112529% 1.026598% 1.254500% 3.143821% 0.120558% 3.264379% - Vacant Land IX 0.750194% 0.112529% 1.026598% 1.254500% 3.143821% 0.120558% 3.264379% Industrial (New Construction) - Occupied JT 1.154145% 0.173121% 1.579381% 1.330000% 4.236647% 0.185474% 4.422121% - Vacant Unit JU 0.750194% 0.112529% 1.026598% 0.864500% 2.753821% 0.120558% 2.874379% - Vacant JX 0.750194% 0.112529% 1.026598% 0.864500% 2.753821% 0.120558% 2.874379% Pipelines PT 0.746947% 0.112042% 1.022154% 1.330000% 3.211143% 0.120036% 3.331179% Farmlands FT 0.109710% 0.016456% 0.150131% 0.057750% 0.334047% 0.017631% 0.351678% Managed Forests TT 0.109710% 0.016456% 0.150131% 0.057750% 0.334047% 0.017631% 0.351678% Farmland Awaiting C1 0.329129% 0.049369% 0.450394% 0.173250% 1.002142% 0.052892% 1.055034% Development 1 Farmland Awaiting 0.438839% 0.065826% 0.600525% 0.231000% 1.336190% 0.070522% 1.406712% Development II CITY OF NIAGARA FALLS 2011 Tax Rates Schedule "A" CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law 98 -223, being a By -law to designate an area as an Improvement Area and to establish for such area a Board of Management. WHEREAS by -law 98 -223 is a by -law designating the Fallsview Business Improvement Area (BIA's); and WHEREAS recent changes to the Municipal Act (the "Act ") allow greater flexibility to develop local options and solutions to BIA's; and WHEREAS s. 204(2.1) of the Act states that a board of management is a local board of the municipality for all purposes; and WHEREAS s. 216(5)(a) and s. 196(1)(2) of the Act allows the municipality to pass by -laws on the composition of local boards; and WHEREAS the Fallsview BIA held an appropriate meeting, in which the general membership approved amendments to their constitution designating eight (8) seats on the board to the eight (8) largest financial stakeholders in the BIA. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That section 4 of By -law 98 -223 is hereby deleted and replaced with the following: The Board is a local board under the Municipal Act and shall consist of, at least, thirteen (13) members consisting of: Eight (8) seats designated as: one (1) representative from each of the eight (8) top financial contributing members to the BIA levy. If a member from the designated properties chooses not to use the designated seat, that position is placed in the elected at large seat category for that term of office. Four (4) seats elected at large from the remaining membership of the BIA (members with designated seats are not eligible for an additional seat) One (1) or more directors appointed directly by the municipality. Passed this thirtieth of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011. May 30, 2011. May 30, 2011. COLUMN 1 HIGHWAY Drummond Road Drummond Road Drummond Road Drummond Road THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: By -law No. 89 -2000, as amended, is hereby further amended: (a) by removing from the specified columns of Schedule C thereto the following items: COLUMN 2 SIDE East East West East PARKING PROHIBITED COLUMN 3 BETWEEN A point 50m north of Dixon Street to McLeod Road A point 45 metres south of Culp Street and Lundy's Lane McLeod Road and Lundy's Lane COLUMN 4 TIMES /DAYS At any time At any time At any time A point 45m north of Murray Street to a point At any time 45m south of Murray Street COLUMN 1 HIGHWAY Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road -2- (b) by adding to the specified columns of Schedule C thereto the following items: COLUMN 2 SIDE West West West West West West East East East East East East East East East East East PARKING PROHIBITED COLUMN 3 BETWEEN Lundy's Lane and a point 34 metres north of Barker Street A point 19 metres north of Barker Street and a point 26 metres south of Culp Street A point 40 metres south of Culp Street and a point 17 metres south of Ash Street A point 32 metres south of Ash Street and a point 111 metres south of Corwin Crescent A point 130 metres south of Corwin Crescent and a point 20 metres north of Dunn Street 7 metres north of Dunn Street and McLeod Road McLeod Road and a point 29 metres north of McLeod Road A point 61 metres north of McLeod Road and a point 33 metres south of Arad Street A point 8 metres south of Arad Street and a point 37 metres south of Churchill Street A point 12 metres south of Churchill Street and a point 55 metres north of Churchill Street A point 88 metres north of Churchill Street and a point 95 metres south of Collins Drive A point 70 metres south of Collins Drive and a point 54 metres south of Dunn Street A point 11 metres south of Dunn Street and a point 46 metres south of Dixon Street A point 14 metres south of Dixon Street and a point 41 metres south of Murray Street A point 10 metres south of Murray Street and a point 42 metres south of Delaware Street A point 22 metres south of Delaware Street and a point 34 metres south of Barker Street A point 6 metres south of Barker Street and Lundy's Lane COLUMN 4 TIMES /DAYS At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times (c) COLUMN 1 HIGHWAY Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road Drummond Road -3- by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 2 SIDE West West West West West East East East East East East East East East East COLUMN 3 BETWEEN COLUMN 4 TIMES /DAYS A point 19 metres north of Barker Street At All Times and a point 34 metres north of Barker Street A point 40 metres south of Culp Street and At All Times a point 26 metres south of Culp Street A point 32 metres south of Ash Street and At All Times a point 17 metres south of Ash Street A point 130 metres south of Corwin Crescent and At All Times a point 111 metres south of Corwin Crescent A point 7 metres north of Dunn Street and At All Times a point 20 metres north of Dunn Street A point 29 metres north of McLeod Road and At All Times a point 61 metres north of McLeod Road A point 8 metres south of Arad Street and At All Times a point 33 metres south of Arad Street A point 12 metres south of Churchill Street and At All Times a point 37 metres south of Churchill Street A point 88 metres north of Churchill Street and At All Times a point 55 metres north of Churchill Street A point 70 metres south of Collins Drive and At All Times a point 95 metres south of Collins Drive A point 11 metres south of Dunn Street and At All Times a point 54 metres south of Dunn Street A point 14 metres south of Dixon Street and At All Times a point 46 metres south of Dixon Street A point 10 metres south of Murray Street and At All Times a point 41 metres south of Murray Street A point 22 metres south of Delaware Street and At All Times a point 42 metres south of Delaware Street A point 6 metres south of Barker Street and a point At All Times 34 metres south of Barker Street COLUMN 1 HIGHWAY Drummond Road -4- (d) by adding to the specified columns of Schedule U thereto the following item: COLUMN 2 BETWEEN Lundy's Lane and McLeod Road Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK First Reading: May 30, 2011 Second Reading: May 30, 2011 Third Reading: May 30, 2011 DESIGNATED LANES COLUMN 3 DESIGNATED LANE 1.5 Metre Curb Lane for Cyclists Only COLUMN 4 TIMES /DAYS At All Times This By -law shall come into force when the appropriate signs are installed. JAMES M. DIODATI, MAYOR COLUMN 5 DIRECTION Northbound & Southbound A by -law to authorize the execution of a Standard Crossing Reconstruction Agreement with Canadian National Railway Company, and The Corporation of the City of Niagara Falls, respecting the reconstruction of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27. 60 on the Stamford Subdivision. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Standard Crossing Reconstruction Agreement dated May 30, 2011 and made between Canadian National Railway Company as Railway, and The Corporation of the City of Niagara Falls as Road Authority, respecting the reconstruction of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27.60 on the Stamford Subdivision, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Standard Crossing Reconstruction Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011. May 30, 2011. May 30, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - Initials: CN RA 27.60 Reconstruction Agreement 7 -14-10 STANDARD CROSSING RECONSTRUCTION AGREEMENT aU\ a ' E_D THIS AGREEMENT effective as of the day of , TWO THOUSAND AND CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Railway ") - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS in the Province of Ontario (hereinafter called the "Road Authority ") WHEREAS it is the Road Authority's intent to reconstruct the "highway" namely Kalar Road, by widening where it crosses at grade the right -of -way and track of the Railway at mileage 27.60, on the Stamford Subdivision, (hereinafter "the crossing "), in the City of Niagara Falls, in the Province of Ontario, as shown on Plan Rail I dated 01/05/2008, or any subsequent version approved by the Railway (hereinafter the Plan(s)) (attached hereto as Appendix I and forming part hereof); NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. The Road Authority will ensure that the plans for the crossing and any subsequent revisions are submitted to and approved by the Railway prior to the commencement of construction. 2. The Road Authority will carry out the work as shown on the Plan(s), and in accordance with Railway requirements respecting safe railway operations. Prior to the commencement of construction, the Road Authority will sign the Railway's Right of Entry Form, on its behalf and on behalf of its agents, as it pertains to the construction (attached hereto as Appendix II and forming part hereof). 3. The parties are required to fulfill their respective obligations under the Railway Safety Act. For the purposes of the Railway Safety Act, the Road Authority is considered to be the proposing party (hereinafter the "proponent "). 4. The physical work associated with the reconstruction and maintenance of the highway approaches to the crossing shall be the responsibility of the Road Authority at its sole cost. 5. The physical work associated with the reconstruction and maintenance of the crossing surface as defined in Appendix III shall be the responsibility of the Railway. All costs associated with the reconstruction and maintenance of the crossing surface shall be paid by Road Authority. 6. The cost of relocating any existing crossing warning system, shall be paid by the Road Authority. The cost of maintenance will remain as is currently in effect. Page 1 of 4 7. The cost of installation of signal modifications including cantilevers made necessary by the reconstruction shall be paid by the Road Authority. The cost of maintenance will remain as is currently in effect. 8. All costs associated with the installation/reconstruction and maintenance of a premium crossing surface consisting of asphalt or full depth rubber panels will be paid by the Road Authority. 9. All initial and on -going sight line clearing is to be in accordance with Transport Canada Crossing Regulations and RTD 10 (or any subsequent amendment thereof). Each party will be responsible for the physical work associated with the sight line clearing of their own property. The physical work associated with the sight line clearing of private property shall be the responsibility of the Road Authority. Costs associated with the sight line clearing of railway properly shall be paid by the Road Authority. Costs associated with the sight line clearing of Road Authority property shall be paid by the Road Authority. Costs associated with the sight line clearing of private property shall be paid by the Road Authority. 10. The Railway shall prepare all accounts for work performed by the Railway using rates as stipulated in the latest Guide to Railway Charges for Crossing Maintenance and Construction as issued by the Canadian Transportation Agency. In the event that the Canadian Transportation Agency should discontinue publishing same, the accounts shall be based the Railway's costs including overheads. 11. Should there be a requirement for a new or improved crossing warning system beyond what is currently in place, at any time during the continuance of this Agreement, the terms associated with its installation and future maintenance will be agreed to by the parties in a separate agreement. 12. If at any time during the continuance of this Agreement either party wishes to widen, relocate, make more narrow, or otherwise upgrade the crossing (the "reconstruction "), the terms associated with the further reconstruction will be agreed to by the parties in a separate agreement. 13. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and all applicable federal laws and regulations. 14. This Agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line for continued operations, the Railway will have the right to assign this Agreement to any subsequent owner. The Road Authority will also have the right to assign responsibility for the highway to another road authority on condition that the highway maintains its public status. 15. This Agreement shall become effective on the date appearing on page 1 of this Agreement and shall continue until either the Railway discontinues its operations, or the Road Authority closes the Highway, at this location, or upon the written consent of both parties. 16. Upon termination of this Agreement, the Road Authority, as the proponent of the original crossing shall be responsible for all future costs associated with the existence of the crossing, including the cost of maintaining the crossing or dismantling the crossing and restoring the Railway and Road Authority property to its original or mutually agreed upon condition. 17. Notwithstanding the termination of this Agreement, the obligations of the Road Authority as to clause 16 set forth in this Agreement shall survive any such termination and shall remain in force until discharged. 18. Upon execution, the Railway may file this Agreement with the Canadian Transportation Agency. 19. Subject to clause 18, this Agreement is confidential and the Agreement or any of its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as may be required by law or upon the prior written consent of all parties hereto. Initials: CN RA 27.60 Reconstruction Agreement 7 -14-10 Page 2 of 4 20. If either party fails, at any time, to fulfill its obligations provided in the present Agreement, the other party, at its option, may upon reasonable notice, undertake the necessary measures to ensure safety, at the risk and expense of the responsible party as defined in clauses 4, 5, 6, 7, 8 and 9. 21. Any dispute relating to the wording and interpretation of the clauses in this Agreement will be resolved in accordance with the arbitration act of the province in which the crossing is located. 22. The preamble to this Agreement forms an integral part of the Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by their respective representatives hereunto duly authorized, as they declare, as of the date first above written. Initials: CN RA 27.60 Reconstruction Agreement 7 -1410 CANADIAN NATIONAL RAILWAY COMPANY (Signature) (Title) (Witness) (Date) THE CORPORATION OF THE CITY OF NIAGARA FALLS (Signature) (Title) (Witness) (Date) Page 3 of 4 Initials: CN 1 1131111111111141111i121$111111 1 UINIA111I1111111I11131112111I1 ;111 0.5m Shoulder, 0.5 m RA 27.00 Reconstruction Agreement 7 Appendix III Crossing Surface Not to be less tl an 8m wn"ce Travelled Width of Highway No Shoulders Crossing Surface to be less than 8m wide 0.5 m 1 S1 11111 1V1P11101111 A101411110 111111101111110111111MOMENI 1 1 1IN1111i1111I11I11N111 111 111NIB Travelled Width of Highway With Shoulders Shoulder 0.5 m "crossing" means any railway crossing of a highway at grade or any highway crossing of a railway at grade, but does not include highway or railway approaches to a crossing surface; "crossing surface" means the planking, pavement or other suitable material placed between the rails and to the ends of the ties for the full width as illustrated above and specified below: Crossing surface requirements: When a crossing other than a pedestrian crossing is constructed, the crossing surface shall be in accordance with the diagrams set out in Schedule 1 and shall have a width of (a) 8 m. or (b) the width of the highway and shoulders plus .5 m on each side of the highway and shoulders as measured at the approaches to the crossing, whichever is the greater. Note: These distances shall be measured at right angles to the centre line of the highway. Page 4 of 4 A by -law to authorize the execution of a Standard Unfunded Crossing Warning System Modification Agreement with Canadian National Railway Company, and The Corporation of the City of Niagara Falls, respecting the modification of an existing crossing warning system at the crossing of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27. 60 on the Stamford Subdivision. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Standard Unfunded Crossing Warning System Modification Agreement dated May 30, 2011 and made between Canadian National Railway Company as Railway, and The Corporation of the City of Niagara Falls as Road Authority, respecting the modification of an existing crossing warning system at the crossing of Kalar Road over a portion of Canadian National Railway Company's railway track at mileage 27. 60 on the Stamford Subdivision, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Standard Crossing Reconstruction Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011. May 30, 2011. May 30, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - STANDARD UNFUNDED CROSSING WARNING SYSTEM MODIFICATION AGREEMENT THIS AGREEMENT effective as of the .a(7 day of ( , TWO THOUSAND AND l•». L BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Railway ") - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS in the Province of Ontario (hereinafter called the "Road Authority ") WHEREAS Order No. 100349 of the Board of Transport Commissioners for Canada, dated 29 day of January 1960, authorised the Railway to install two flashing lights signals and bell at the crossing of the railway and Kalar Road in Welland, in the province of Ontario, mileage 4.02 Welland Subdivision; AND WHEREAS Order No. R -15503 of the Board of Transport Commissioners for Canada, dated 14' day of December, 1972, authorised the Railway to make improvements to the existing automatic protection by installing additional flashing light signals and short arm gates at the crossing of the railway and Kalar Road, east of Stamford, in the province of Ontario, mileage 27.60 Stamford Subdivision; AND WHEREAS the parties have agreed on the requirement for a modification to the existing crossing warning system, that modification consisting of addition cantilever with lights, gates and bell (hereinafter the "crossing warning system "), at the grade crossing of Kalar Road, at mileage 27.60, on the Stamford Subdivision, in the City of Niagara Falls, in the Province of Ontario. AND WHEREAS pursuant to 12(1) the Railzuay Safety Act, R.S.C. 1985, c.32, 4`" supplement the proposed railway work is not eligible for funding. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. The Railway will carry out the proposed railway work. 2. The total cost of the crossing warning system modification, an estimate of which is attached hereto as Appendix I, bearing no. SM- 27.60, dated January 25, 2011, and forming part hereof, shall be paid by the Road Authority. 3. The cost of the maintenance of the crossing warning system shall remain as is currently in effect. Initials: CN RA 27 .40 Unfunded rtdificnt4■■ Agreement 01- 27- 11.:nc Page 1 of 3 4. The Railway shall prepare all accounts for work performed by the Railway for both installation and maintenance using rates as stipulated in the latest Guide to Railway Charges for Crossing Maintenance and Construction as issued by the Canadian Transportation Agency. In the event that the Canadian Transportation Agency should discontinue publishing same, the accounts shall be based on the Railway's costs including overheads. 5. If at any time during the continuance of this Agreement the parties agree on the requirement for modification to the crossing warning system, the terms associated with the modifications will be agreed to by the parties in a separate agreement. 6. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and all applicable federal laws and regulations. 7. This Agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line for continued operations, the Railway will have the right to assign this Agreement to any subsequent owner. The Road Authority will also have the right to assign responsibility for the highway to another road authority on condition that the highway maintains its public status. 8. This Agreement shall become effective on the date appearing on page 1 of this Agreement and shall continue until either the Railway discontinues its operations, or the Road Authority closes the Highway, at this location, or upon the written consent of both parties. 9. Upon termination of the Agreement, the Railway shall be responsible for dismantling the crossing warning system at the Railway's cost, 10. Any dispute relating to the wording and interpretation of the clauses in this Agreement will be resolved in accordance with the arbitration act of the province in which the crossing is located. 11. Upon execution, the Railway may file this Agreement with the Canadian Transportation Agency. 12. Subject to clause 11, this Agreement is confidential and the Agreement or any of its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as may be required by law or upon the prior written consent of all parties hereto. 13. The preamble to this Agreement forms an integral part of the Agreement. Initials: CN RA 27 0111 kind iizeixm Ag:erment 01.25-1140c Page 2 of 3 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by their respective representatives hereunto duly authorized, as of the date first above written. Initials: CN RA 2740 Unfunded ktndi2icetic n Agreement 0i- 25- 11.doc CANADIAN NATIONAL RAILWAY COMPANY (Signature) (Title) (Witness) (Date) THE CORPORATION OF THE CITY OF NIAGARA FALLS (Signature) (Title) (Witness) (Date) Page 3 of 3 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1340258 Ontario Inc. and The Corporation of the City of Niagara Falls, respecting the purchase of Parts 1, 3, 5, 6, 7 and 9 on Reference Plan 59R- 14270; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between 11340258 Ontario Inc. and The Corporation of the City of Niagara Falls for the property described as Parts 1, 3, 5, 6, 7 and 9 on Reference Plan 59R- 14270; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011. May 30, 2011. May 30, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR, 1340258 Ontario Inc. , the following REAL PROPERTY: Parts 1, 3, 5, 6, 7 and 9 on Reference Plan 59R- 14270; Niagara Falls (the "property ") on the following terms: PURCHASE PRICE: Two Million Dollars and Zero Cents (CDN$ 2,000,000.00 ) DEPOSIT: Purchaser submits Two Hundred Thousand Dollars and Zero Cents (CDN$200,000.00 ) (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor, representing 10% of the purchase price, to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight the 3r day of June , 2011, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than sixty (60) days after the acceptance of the offer by City Council. The closing date may be extended if mutually agreed. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. ( ) (For delivery of notices to Vendor)FAX NO. (905)371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor (included in /in addition to) agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed 30 days from the date of acceptance hereof to investigate the title at their own expense, and if within that time they shall furnish the Vendor in writing with any valid objection to the title, or to any outstanding work orders or deficiency notices affecting the property, that the present use of the property may not be lawfully continued, or that the buildings on the property may not be insured against risk of fire, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Offer shall, notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction, and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted title of the Vendor to the real property. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the and providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon the Solicitor acting for either party on whom tender is desired and it shall be sufficient that money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 22. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 23. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT this day of SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: , 2011 THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor (Seal) Dean lorfida, City Clerk (Seal) DATED AT Niagara Falls this day of 2011 Vendor: 1340258 ONTARIO INC. Name: Title: Name: Title: (Seal) (Seal) The undersigned accepts the above offer and its terms and covenants and promises and agrees to an with the above -named Purchaser to duly carry out the same on the terms and conditions above mentioned, and DOLLARS DATE DATE DATE DATE hereby accepts the deposit of SCHEDULE "A" m.., McLEOD STAMFORD 33 33 STAMFORD 0 A STAMFORD 3- z 3- ,TOWNSHIP PART TOWNSHIP LOT •263-0030 LOT 180 PLAN 59R — 12632 0 0 0 SD ROAD A t i ni Wit }v °ag tR Conditions: SCHEDULE "13" 1. This Agreement of Purchase and Sale be presented at the May 30, 2011 meeting of Council. 2. The closing date by no later than June 30, 2011. 3. The east and west channelization works be completed on ro before December 30, 2011. 4. The City will reimburse the Warren Woods Land Corporation for the cost of the east channelization works. 5. The City will undertake the west channelization works. 6. The Report to Council relating to the purchase of the lands refer to the need to expropriate these lands if negotiations failed. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with Sinking Ship Entertainment Productions Inc. respecting the Location Agreement for play ground '`Giver" program at Crimson Park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Sinking Ship Entertainment Productions Inc. (Group) as and the Corporation of the City of Niagara Falls as City, respecting the Location Agreement, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this Thirtieth Day of May, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011 May 30, 2011 May 30, 2011 LOCATION AGREEMENT This Agreement is made between Sinking Ship (Giver) Productions Inc. ( "Producer ") and The City Of Niagara Falls "Owner ") as of May 30, 2011. WHEREAS: A. Producer intends to produce an episode of the television series presently entitled "Giver" (the "Series ") in part at the Property (as defined below); B. The general format of the Series is that the Producer, through the use of a legitimate "public play area" contractor ( "Contractor "), will arrange for the partial re- design of the play area and equipment situated upon the Property (the "Renovation "); FOR VALUABLE CONSIDERATION, the parties agree as follows: 1. PERMISSION: Owner hereby irrevocably grants to Producer (and its successors, assignees, licensees, employees, agents, independent contractors and suppliers, all of whom are included in the term "Producer" for purposes of entry upon and use of the Property, as defined herein) permission to enter upon, photograph, record and use the Property for the periods set forth in Paragraph 4 below, and to bring all necessary personnel, equipment, vehicles and temporary sets onto the Property, for the purpose of making still and motion pictures and sound recordings of, on and /or about the Property. Further, Owner grants permission to replicate such Property (if applicable) by constructing a set at a separate location, duplicating all or any part of the Property for the purpose of completing Producer's scheduled work, or for filming retakes, added scenes, advertisements or promotion, refer to the Property or any part thereof by any fictitious name, and to attribute any fictitious events as occurring on the Property. 2. PROPERTY: "Property" means that certain real property located at and described as follows: Crimson Park, including, without limitation, all interior and exterior areas, utilities, buildings and other structures of the Property, real and personal property, displays, and signs located in, on and /or about the Property, and Owner's name, logo, trademark, service mark and /or slogan, as depicted in, on, and /or about the Property and other identifying features thereof. Producer shall have the right during the periods set forth in Paragraph 4 below to use any or all of the Property for the purposes of filming the Series and the Renovation. 3. DATES: The Property shall be available for use by Producer commencing approximately at July 29,2011 to start prep work; and July 31, 2011to film inclusive. If Producer requires use of the Property prior or subsequent to the foregoing dates, then Producer may so use the Property. 4. RENOVATION: (a) The Owner shall not be required to pay any fee or other amounts to the Contractor or the Producer in connection with the Renovation other than regulatory fees such as CSA fees, permit fees, and any initial or subsequent inspection fees. The Owner shall have ongoing use and the benefit of the Renovation without any charge whatsoever. (b) The Contractor shall be subject to the prior written approval of the Owner prior to the commencement of the Renovation or the use of the Property by the Producer. With regard to such approval, the Owner shall satisfy itself that the Contractor is credible and fit for the purposes of carrying out the Renovation and will do so in accordance with all applicable laws, rules and regulations. The Producer hereby makes no representation, warranty, guarantee or indemnity regarding the Contractor and assumes no liability whatsoever in respect of the Contractor, the actions, errors or omissions of the Contractor or the Renovations. The Owner hereby unconditionally, irrevocably and forever releases the Producer and its employees, shareholders, officers, directors and agents from any and all claims, actions, demands, losses, damages or other liabilities in connection with the Contractor, the actions, errors or omissions of the Contractor, the Renovations or the use thereof by any person, firm, corporation or other party. (c) If Producer requires use of the Property for additional use including, without limitation, to photograph retakes or other scenes, Owner shall permit Producer to re -enter upon and again use the Property for such purpose. The dates for such additional use shall be subject to Owner's approval, which approval Owner shall not unreasonably withhold. (c) Producer may, at any time prior to commencement of the Dates specified in Paragraph 4 hereof, elect not to use the Property by giving Owner notice of such election, in which case neither party shall have any further obligation to the other. 6. FACILITIES: Producer agrees to remove all equipment and temporary sets after completion of its use of the Property and to leave the Property in as good condition as when entered upon by Producer, reasonable wear and tear excepted. Signs on the Property may be removed or changed, but if removed or changed such signs shall be replaced. Producer will use reasonable care to prevent damage to the Property and will indemnify Owner from any damages and /or losses arising out of personal injuries or property damage resulting from any act of negligence by Producer in connection with use of the Property by Producer. Producer agrees to maintain liability and property damage insurance covering the use of the Property by Producer in customary and adequate levels. Owner agrees to maintain liability and property damage insurance covering the Property in customary and adequate levels. 7. FORCE MAJEURE: If because of illness of actors, director or other essential artists and crew, weather conditions, defective film or equipment or any other occurrence beyond Producer's control, Producer is unable to start work on the date designated above and /or work in progress is interrupted during use of the Property by Producer, then Producer shall have the right to use the Property at a later date to be mutually agreed upon and /or to extend the period set forth in Paragraph 4. 8. RIGHTS: All rights of every kind and nature whatsoever in and to all still and motion pictures and sound recordings made hereunder in connection with use of the Property by Producer shall be and remain the sole and exclusive property of Producer, including, without limitation, the perpetual and irrevocable right and license to use and re -use such photography and /or such sound recordings in connection with any motion pictures, television series, new media, interactive and digital content (collectively "Creative Content ") as Producer shall elect, in, and in connection with, advertising, publicizing, exhibiting and exploiting such Creative Content, in any manner whatsoever and at any time by all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. Neither Owner nor any other party now or hereafter claiming an interest in the Property and /or interest through Owner shall have any right of action against Producer or any other party arising from or based upon any use or exploitation of such photography and /or such sound recordings, whether or not such use is or is claimed to be defamatory, untrue or censorable in nature. 9. USE: Producer is not obligated actually to use the Property or to include any of such photography and /or such sound recordings in any Creative Content. Owner may not terminate or rescind the permission granted to Producer hereunder to use and photograph the Property. In the event of any claim by Owner against Producer, whether or not material, Owner shall be limited to Owner's remedy at law for damages, if any, and Owner shall not be entitled to enjoin, restrain or interfere with use of the Property as provided in this Agreement or with the advertising, publicizing, exhibiting or exploitation of such photography and /or such sound recordings or any of Producer's rights hereunder. Owner acknowledges and agrees that the Property is a primary location for use by Producer as part of the photography of a Creative Content, and that any interference with use thereof by Producer shall cause Producer substantial monetary and other damage which cannot be adequately compensated in an action at law for damages. Accordingly, without limiting any other right or remedy of Producer, Owner agrees that Producer shall be entitled to injunctive and other equitable relief to prevent any interference with use of the Property by Producer hereunder. 10. OWNER'S WARRANTIES: Owner represents, warrants and agrees that: (a) Owner is the sole and exclusive legal owner of the Property and has the full right, power and authority to grant Producer the rights granted to Producer hereunder; (b) Owner will take no action nor allow or permit or authorize any third party to take any action which might interfere with Producer's full use and quiet enjoyment of the Property in accordance with the terms hereof. Owner agrees to indemnify and hold Producer harmless from and against any and all claims, demands, liabilities and expenses (including, without limitation, reasonable legal fees and costs) arising from or in connection with the Renovation or any breach of any of Owner's representations, warranties or agreements set forth herein; and it is not necessary for Producer to obtain the consent or permission of, or to pay any amounts to, any person, firm or corporation in order to enable Producer to enjoy the full rights to the use of the Property as described herein. 11. HOLD HARMLESS: Except with respect to matters constituting a breach by Owner or any of Owner's representations, warranties and /or agreements, Producer shall indemnify Owner against any loss, cost or damage (including reasonable legal fees), but not including any loss or cost or damage relating to any settlement entered into without Producer's written consent, arising out of any third party claim resulting from use of the Property and /or Producer's production, distribution, and /or exploitation of the Series. Owner shall be required to submit in writing to Producer a detailed list of any and all damages of the Property that Owner alleges Producer caused ( "Claim "). Such Claim shall be submitted to Producer within 48 hours after the later of expiration of the Dates or upon completion of use of the Property by Producer (including any additional use). Owner shall then authorize Producer's representatives entry onto the Property to inspect and assess the damages pursuant to the Claim. If Producer acknowledges responsibility for such damages, Producer shall be given the opportunity to either correct the damage or make restitution in a timely manner. 12. LIMITATION OF DAMAGES: In no event will any party hereto be liable for or have any obligation to pay to the other consequential and /or incidental and /or special and /or punitive damages, all of which are expressly excluded, and the parties hereby waive any right to recover any such damages from the other. 13. MISCELLANEOUS: This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or canceled except by written instrument signed by both parties. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Owner acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Producer not contained herein. Owner agrees that Producer may assign this Agreement and its rights hereunder to any third party. This Agreement shall enure to the benefit of and be binding upon the parties' respective successors, licensees and assignees. Paragraph headings are for convenience only and are of no legal force or effect whatsoever. This Agreement may be executed in separate counterparts by the parties and each counterpart shall when executed and delivered be an original document, but all counterparts put together constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or transmitted electronically in either a tagged image format file ( "TIFF ") or portable document format ( "PDF ") shall be equally effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile, TIFF or PDF shall also deliver a manually executed counterpart of this Agreement, but failure to do so shall not affect the validity, enforceability, or binding effect of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth above. ACCEPTED AND AGREED TO: SINKING SHIP (GIVER) PRODUCTIONS INC. THE CITY OF NIAGARA FALLS By: By: (5/24/2011) Kent Schachowskoj - Fwd: FW: Showcasing Water Innovation launched today From: Todd Harrison To: Geoff Holman; Ken Todd Date: 5/24/2011 3:08 PM Subject: Fwd: FW: Showcasing Water Innovation launched today CC: Catherine Lucy; Kent Schachowskoj A new funding formula from the province has been announced. »> "Melia, Marco (MAH)" <Marco.Melia @ontario.ca> 5/24/2011 2:58 PM »> Thought you might be interested. Marco Showcasing Water Innovation funding program We are pleased to announce a new funding program called Showcasing Water Innovation, offered by the Ministry of the Environment. The Showcasing Water Innovation program is a $17 million program that will provide funding for projects that demonstrate innovative and cost effective solutions to water management challenges in Ontario's communities. Approximately 17 - 25 projects will be funded in a representative set of Ontario communities. Eligible projects would apply a combination of approaches, technologies and practices to arrive at innovative water management solutions that could be replicated throughout Ontario and abroad. Collaboration will be encouraged amongst a range of partners. I encourage you to share information about this opportunity with others who may be interested. Individual projects may receive funding for up to 50 per cent of eligible project costs to a maximum of $1,000,000 per project. Communities facing financial hardship will be eligible for additional financial assistance. All proposals will be due June 24, 2011 at 5:00 p.m. More information is available at www.ontario.ca /waterinnovation. Should you have any questions, please contact the program office at: Email: WaterInnovation @ontario.ca <mailto:WaterInnovation @ontari.ca> (5/24/2011) Kent Schachowskoj - Fwd: FW: Showcasing Water Innovation launched today Page 2 Telephone: 416-325 -4000 Toll free: 1- 800 - 565 -4923 TTY toll free: 1- 800 - 515 -2759 Regards, Paul Evans Assistant Deputy Minister Environmental Programs Division Ministry of the Environment This Agreement is made between Sinking Ship (Giver) Productions Inc. ( "Producer ") and The City Of Niagara Falls ( "Owner") as of May 30, 2011. WHEREAS: LOCATION AGREEMENT A. Producer intends to produce an episode of the television series presently entitled "Give( (the "Series ") in part at the Property (as defined below); B. The general format of the Series is that the Producer, through the use of a legitimate "public play area" contractor ( "Contractor "), will arrange for the partial re- design of the play area and equipment situated upon the Property (the "Renovation "); FOR VALUABLE CONSIDERATION, the parties agree as follows: 1. PERMISSION: Owner hereby irrevocably grants to Producer (and its successors, assignees, licensees, employees, agents, independent contractors and suppliers, all of whom are included in the term "Producer" for purposes of entry upon and use of the Property, as defined herein) permission to enter upon, photograph, record and use the Property for the periods set forth in Paragraph 4 below, and to bring all necessary personnel, equipment, vehicles and temporary sets onto the Property, for the purpose of making still and motion pictures and sound recordings of, on and /or about the Property. Further, Owner grants permission to replicate such Property (if applicable) by constructing a set at a separate location, duplicating all or any part of the Property for the purpose of completing Producer's scheduled work, or for filming retakes, added scenes, advertisements or promotion, refer to the Property or any part thereof by any fictitious name, and to attribute any fictitious events as occurring on the Property. 2. PROPERTY: "Property" means that certain real property located at and described as follows: Crimson Park, including, without limitation, all interior and exterior areas, utilities, buildings and other structures of the Property, real and personal property, displays, and signs located in, on and /or about the Property, and Owner's name, logo, trademark, service mark and /or slogan, as depicted in, on, and /or about the Property and other identifying features thereof. Producer shall have the right during the periods set forth in Paragraph 4 below to use any or all of the Property for the purposes of filming the Series and the Renovation. 3. DATES: The Property shall be available for use by Producer commencing approximately at July 29,2011 to start prep work; and July 31, 2011to film inclusive. If Producer requires use of the Property prior or subsequent to the foregoing dates, then Producer may so use the Property. 4. RENOVATION: (a) The Owner shall not be required to pay any fee or other amounts to the Contractor or the Producer in connection with the Renovation other than regulatory fees such as CSA fees, permit fees, and any initial or subsequent inspection fees. The Owner shall have ongoing use and the benefit of the Renovation without any charge whatsoever. (b) The Contractor shall be subject to the prior written approval of the Owner prior to the commencement of the Renovation or the use of the Property by the Producer. With regard to such approval, the Owner shall satisfy itself that the Contractor is credible and fit for the purposes of carrying out the Renovation and will do so in accordance with all applicable laws, rules and regulations. The Producer hereby makes no representation, warranty, guarantee or indemnity regarding the Contractor and assumes no liability whatsoever in respect of the Contractor, the actions, errors or omissions of the Contractor or the Renovations. The Owner hereby unconditionally, irrevocably and forever releases the Producer and its employees, shareholders, officers, directors and agents from any and all claims, actions, demands, losses, damages or other liabilities in connection with the Contractor, the actions, errors or omissions of the Contractor, the Renovations or the use thereof by any person, firm, corporation or other party. (c) If Producer requires use of the Property for additional use including, without limitation, to photograph retakes or other scenes, Owner shall permit Producer to re -enter upon and again use the Property for such purpose. The dates for such additional use shall be subject to Owner's approval, which approval Owner shall not unreasonably withhold. (c) Producer may, at any time prior to commencement of the Dates specified in Paragraph 4 hereof, elect not to use the Property by giving Owner notice of such election, in which case neither party shall have any further obligation to the other. 6. FACILITIES: Producer agrees to remove all equipment and temporary sets after completion of its use of the Property and to leave the Property in as good condition as when entered upon by Producer, reasonable wear and tear excepted. Signs on the Property may be removed or changed, but if removed or changed such signs shall be replaced. Producer will use reasonable care to prevent damage to the Property and will indemnify Owner from any damages and /or losses arising out of personal injuries or property damage resulting from any act of negligence by Producer in connection with use of the Property by Producer. Producer agrees to maintain liability and property damage insurance covering the use of the Property by Producer in customary and adequate levels. Owner agrees to maintain liability and property damage insurance covering the Property in customary and adequate levels. 7. FORCE MAJEURE: If because of illness of actors, director or other essential artists and crew, weather conditions, defective film or equipment or any other occurrence beyond Producer's control, Producer is unable to start work on the date designated above and /or work in progress is interrupted during use of the Property by Producer, then Producer shall have the right to use the Property at a later date to be mutually agreed upon and /or to extend the period set forth in Paragraph 4. 8. RIGHTS: All rights of every kind and nature whatsoever in and to all still and motion pictures and sound recordings made hereunder in connection with use of the Property by Producer shall be and remain the sole and exclusive property of Producer, including, without limitation, the perpetual and irrevocable right and license to use and re -use such photography and /or such sound recordings in connection with any motion pictures, television series, new media, interactive and digital content (collectively "Creative Content ") as Producer shall elect, in, and in connection with, advertising, publicizing, exhibiting and exploiting such Creative Content, in any manner whatsoever and at any time by all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. Neither Owner nor any other party now or hereafter claiming an interest in the Property and /or interest through Owner shall have any right of action against Producer or any other party arising from or based upon any use or exploitation of such photography and /or such sound recordings, whether or not such use is or is claimed to be defamatory, untrue or censorable in nature. 9. USE: Producer is not obligated actually to use the Property or to include any of such photography and /or such sound recordings in any Creative Content. Owner may not terminate or rescind the permission granted to Producer hereunder to use and photograph the Property. In the event of any claim by Owner against Producer, whether or not material, Owner shall be limited to Owner's remedy at law for damages, if any, and Owner shall not be entitled to enjoin, restrain or interfere with use of the Property as provided in this Agreement or with the advertising, publicizing, exhibiting or exploitation of such photography and /or such sound recordings or any of Producer's rights hereunder. Owner acknowledges and agrees that the Property is a primary location for use by Producer as part of the photography of a Creative Content, and that any interference with use thereof by Producer shall cause Producer substantial monetary and other damage which cannot be adequately compensated in an action at law for damages. Accordingly, without limiting any other right or remedy of Producer, Owner agrees that Producer shall be entitled to injunctive and other equitable relief to prevent any interference with use of the Property by Producer hereunder. 10. OWNER'S WARRANTIES: Owner represents, warrants and agrees that: (a) Owner is the sole and exclusive legal owner of the Property and has the full right, power and authority to grant Producer the rights granted to Producer hereunder; (b) Owner will take no action nor allow or permit or authorize any third party to take any action which might interfere with Producer's full use and quiet enjoyment of the Property in accordance with the terms hereof. Owner agrees to indemnify and hold Producer harmless from and against any and all claims, demands, liabilities and expenses (including, without limitation, reasonable legal fees and costs) arising from or in connection with the Renovation or any breach of any of Owner's representations, warranties or agreements set forth herein; and it is not necessary for Producer to obtain the consent or permission of, or to pay any amounts to, any person, firm or corporation in order to enable Producer to enjoy the full rights to the use of the Property as described herein. 11. HOLD HARMLESS: Except with respect to matters constituting a breach by Owner or any of Owner's representations, warranties and /or agreements, Producer shall indemnify Owner against any loss, cost or damage (including reasonable legal fees), but not including any loss or cost or damage relating to any settlement entered into without Producer's written consent, arising out of any third party claim resulting from use of the Property and /or Producer's production, distribution, and /or exploitation of the Series. Owner shall be required to submit in writing to Producer a detailed list of any and all damages of the Property that Owner alleges Producer caused ( "Claim "). Such Claim shall be submitted to Producer within 48 hours after the later of expiration of the Dates or upon completion of use of the Property by Producer (including any additional use). Owner shall then authorize Producer's representatives entry onto the Property to inspect and assess the damages pursuant to the Claim. If Producer acknowledges responsibility for such damages, Producer shall be given the opportunity to either correct the damage or make restitution in a timely manner. 12. LIMITATION OF DAMAGES: In no event will any party hereto be liable for or have any obligation to pay to the other consequential and /or incidental and /or special and/or punitive damages, all of which are expressly excluded, and the parties hereby waive any right to recover any such damages from the other. 13. MISCELLANEOUS: This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or canceled except by written instrument signed by both parties. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Owner acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Producer not contained herein. Owner agrees that Producer may assign this Agreement and its rights hereunder to any third party. This Agreement shall enure to the benefit of and be binding upon the parties' respective successors, licensees and assignees. Paragraph headings are for convenience only and are of no legal force or effect whatsoever. This Agreement may be executed in separate counterparts by the parties and each counterpart shall when executed and delivered be an original document, but all counterparts put together constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or transmitted electronically in either a tagged image format file ( "TIFF ") or portable document format ( "PDF ") shall be equally effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile, TIFF or PDF shall also deliver a manually executed counterpart of this Agreement, but failure to do so shall not affect the validity, enforceability, or binding effect of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth above. ACCEPTED AND AGREED TO: SINKING SHIP (GIVER) PRODUCTIONS INC. THE CITY OF NIAGARA FALLS By: By: CITY OF NIAGARA FALLS By -law No. 2011 - A by-law to authorize the payment of $29,266,201.56 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 March 31, 2011 to May 11, 2011. Passed this thirtieth day of May 2011. DEAN IORIFDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011 May 30, 2011 May 30, 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 30t day of May, 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 30t day of May, 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 thirtieth day of May 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 30, 2011 May 30, 2011 May 30, 2011