Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2011/08/15
Niagarapalls PRAYER: Councillor Morocco ADOPTION OF MINUTES: Council Minutes of July 18, 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. Brenda Andress, Executive Director of the Canadian Women's Hockey League will address Council regarding the Clarkson Cup, tentatively scheduled March 22 -25 2011 at the Gale Centre. -AND- R &C- 2011 -12 - Clarkson Cup 2012 Request letter from Canadian Women's Hockey League Public Meeting Street Name Change of Roberts Street to Falls Avenue Background Material: COUNCIL MEETING August 15, 2011 DEPUTATIONS /PRESENTATIONS PLANNING MATTERS Recommendation Report: PD- 2011 -57, Street Name Change, Roberts Street to Falls Avenue Public Meeting AM- 2011 -006 Zoning By -law Amendment Application 4380 Montrose Road Applicant: Randy Swanson Agricultural Purposes Only Zoning Background Material: Recommendation Report: PD- 2011 -54 2 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. FINANCIAL MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer REPORTS RATIFICATION OF "IN CAMERA" RECOMMENDATIONS F- 2011 -37 - Regional Wastewater Rebate A presentation introducing the 2012 Budget process will occur. F- 2011 -40 - Niagara Falls Soccer Club Indoor Facility - Project Update (Handout ) 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2011 -33 - Monthly Tax Receivables Repiort F- 2011 -39 - Municipal Accounts HR- 2011 -05 - Benefits Renewal Sun Life Assurance Company of Canada IS- 2011 -03 - Digital Photocopiers MW- 2011 -29 - Asphalt Overlay Program, Contract #2011 -03 - Tender Award MW- 2011 -31 - 2011 Sidewalk and Concrete Repair - Contract #2011 -02, 2011 New Sidewalk Construction - Contract #2011 - 248 -11 Tender Award. MW- 2011 -32 - Patrick Cummings Memorial Sports Complex, Park Development East MW- 2011 -33 - Queen Street Gateway Signage MW- 2011 -36 - Tender - Waterloo Drive, Dorchester Road to Rolling Acres Drive Sanitary and Storm Sewer Relining MW- 2011 -38 - Leash Free Dog Park Lease Agreement with the Stamford Centre Volunteer Firemen's Association (S.C.V.F.A.) PD- 2011 -49 - Proposed Transfer of CIP Reserves and Summary of Financial Incentive Applications PD- 2011 -50 - Commercial Building & Facade Improvement Application CB&FIG -2011- 005, 4315 & 4317 Queen Street, Radinka and Nemanja Kuntos PD- 2011 -51 - Commercial Building & Facade Improvement Application CB & FIG -2011- 006, 4663 -4671 Queen Street, Zoran Trifkovic (Nautica Cafe) PD- 2011 -52 - Commercial Building & Facade Improvement Grant CB & FIG - 2010 -03 (Revised), 5662 Main Street, Nasimal Huq - 1655101 Ontario Inc. PD- 2011 -53 - PLC - 2011 -001, Request for Removal of Lot Control Block 119, Plan 59M- 379, More Specifically Described as Parts 1 through 6, Plan 59R- 14499. 9431 -9455 Hendershot Boulevard, Owner: Mountainview Homes PD- 2011 -55 - Updated Site Plan Control By -law, City of Niagara Falls PD- 2011 -56 - Commercial Building & Facade Improvement Grant CB & FIG - 2011 -003, 5932 Main Street, Alfredo and Luigi Abbruscato TS- 2011 -21 - Beaverdams Road at Beechwood Road Intersection Control Review TS- 2011 -28 - Downtown Parking Revisions St Lawrence Avenue, Queen Street TS- 2011 -29 - Transit Agreement with the Town of Fort Erie TS- 2011 -30 - Purchase of Conventional City Bus TS- 2011 -32 - Transit Agreement with Niagara College Student Administrative Council TS- 2011 -31 - Transit Agreement with Brock University Student's Union The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -100 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2011 -101 A by -law to establish Block 17 on Registered Plan 59M -309 as a public highway, to be known as and to form part of Graham Street. 2011 -102 A by -law to authorize the execution of a Licence Agreement with Ontario Power Generation Inc., respecting the use of Ontario Power Generation Inc.'s lands for the purposes of constructing, maintaining and operating a recreational park and boat dock. 2011 -103 2011 -104 2011 -105 4 BY -LAWS A by -law to authorize the execution of a Subordination Agreement with Royal Bank of Canada and The Corporation of the City of Niagara Falls, respecting the refinancing of the Boys' & Girls' Club located at 8800 McLeod Road, in favour of Royal Bank of Canada. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Parking Meter Zones, Loading Zones) A by -law to amend By -Law No. 2007 -161 and Schedule "A" of By -Law 2007- 161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposing and collection of rates for the use of water and water - related services. 5 2011 -106 A by -law to authorize the payment of $23,805,195.59 for General Purposes. 2011 -107 A by -law to repeal the by -law establishing the rates for the Visitor Transportation System (VTS). 2011 -108 A by -law to authorize the execution of the 2011 - 2014 Collective Agreement with the Canadian Union of Public Employees and its Local 133. 2011 -109 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of August, 2011. NEW BUSINESS Niagara& s REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2011 -12 Clarkson Cup 2012 RECOMMENDATION 1. That the Canadian Women's Hockey League (CWHL) Clarkson Cup Tournament be provided the Gale Centre, ES Fox Spectator pad Thursday, March 22 to Sunday, March 25, 2012. 2. That the ice and facility rental fees be waived for the four -day event, approximately $6,000. 3. That the Canadian Women's Hockey League (CWHL) Clarkson Cup Tournament be provided with a one time sponsorship of $5,000 in return for national recognition on TSN for the tournament telecasting and advertising. EXECUTIVE SUMMARY R &C- 2011 -12 August 15, 2011 The Canadian Women's Hockey League has requested the opportunity to host their 2012 playoff tournament, the Clarkson Cup at the Gale Centre. The national event will be televised live for the final game on Sunday, March 25, 2012 by TSN. The coverage includes a community profile segment as part of the pre -game telecast to further promote the City of Niagara Falls and the Gale Centre. The City will also receive fifty complimentary game tickets for the tournament weekend. In exchange for this coverage, the Clarkson Cup organizer has requested the ice and facility rental fees be waived and a one time sponsorship of $5,000 for the event. The event is listed in the 2011/12 Winter Arena Special Event Schedule. BACKGROUND The Clarkson Cup named for the former Governor General of Canada, Adrienne Clarkson was established in 2009. The Clarkson Cup is awarded to the winner of the National Canadian Women's Hockey Championship. The City of Barrie hosted the 2011 event, 2010 the Town of Richmond Hill with the inaugural tournament taking place in 2009 at the K -Rock Centre in Kingston. The tournament involves the top four teams from the Canadian Women's Hockey League. August 15, 2011 - 2 - R&C- 2011 -12 The CWHL coordinates school visits to promote and engage the students to attend the games at no cost during the week. Autograph sessions are scheduled throughout the tournament. The CWHL will also contact and work closely with the Niagara Falls Girls Hockey organization. The CWHL contacted City staff in March 2011 to inquire if the City would be interested in hosting the 2012 Clarkson Cup. Working with tournament organizers and arena user groups, staff has scheduled the event from Thursday, March 22 to Sunday, March 25, 2012. Two games at noon and 7:00 p.m. will take place Thursday and Friday with two games on Saturday 11:00 a.m. and 3:00 p.m. The final game will take place Sunday, March 25 at 1:00 p.m. During the four -day event, tournament organizers have requested exclusive use of ES Fox, pad one, four dressing rooms, press box, referee room, first aid room and the community boardroom. During the Clarkson Cup the advertising boards on the ES Fox pad will need to be wrapped in a white overcoat, a typical board cover used during events to cover existing board advertisements. The Canadian Women's Hockey League will coordinate and apply the board advertisements to be posted during the event. The second requirement is for the CWHL sponsor's logo to be placed at Centre ice. The existing centre ice logo will be removed and all other ice logos will be covered for the event. Pad one will be closed late Tuesday evening and all day Wednesday prior to the event for ice maintenance to prepare for the tournament and for one day following the tournament. Approximate maintenance costs including the cutting of the ice to remove the centre ice logo, painting the lines and to maintain the ice pre and post- tournament is $1,725.00. Staff has discussed the Clarkson Cup requirements with the advertising partner, the Niagara Falls Review. The third requirement is to ensure the facility adheres to the facility requirements for T.V. broadcasting. Facility requirements include lighting between 100 to 150 foot candles, power 200 - 400 amp, cable access, press box requirements and camera positions. The Gale Centre meets the majority of the requirements with the exception of a fibre optic cable to be installed in the future. The fibre optic cable can be used for future live event broadcasts. ANALYSIS /RATIONALE The Gale Centre was envisioned to host tournaments, ice related special events and meet the needs of community ice organizations. The Gale Centre, in its first year of operation, has hosted many events such as: youth and adult hockey tournaments, fund - raising Special Events, and the Canadian Junior Hockey team. The Clarkson Cup is an exciting event to host as the event highlights women's hockey as a growing sport, the City and the arena on a national level. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Clarkson Cup is a one time special event request. The event organizer has requested a cash donation of $5,000.00 and that all ice and facility fees be waived. The four -day event meets the criteria of the Sport Tourism Policy. All four teams, support staff, friends August 15, 2011 - 3 - R&C- 2011 -12 and family with be staying at City of Niagara Falls hotels. The policy has an annual budget of $20,000 with a national event receiving up to $5,000 in funding. To date the City has received inquiries but no formal applications to access the Sport Tourism Policy funds. The total cost to the City to host the Clarkson Cup: Waiving of fees: ice and facility rental $ 6,000 Sponsorship (Sport Tourism) $ 5,000 Ice maintenance and painting costs $ 1,725 Total: $12,725 The City of Barrie charged the Clarkson Cup $10,000 for ice and facility rental fees and provided a grant of $15,000. The Town of Richmond Hill provided a grant of $10,000 with $5,000 applied to ice fees. The City of Barrie and Town of Richmond Hill's ice maintenance costs are not included in their figures. The City of Barrie staff stated, "the TSN coverage alone equated a monetary value of $360,000 provided the City with significant return on its $15,000 investment as a prime contributing sponsor for the tournament. This coverage coupled with the array of print, broadcast and online media exposure the City benefited from further underscores the value Barrie received in supporting the Clarkson Cup event." CITY'S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to encourage development of new tourism products: Promoting and Expanding sport tourism opportunities utilizing City recreation facilities such as the Gale Centre. The television coverage of the Clarkson Cup event will profile the Gale Centre to attract new tournaments and special events. The event should assist in encouraging out of town visitors and local residents to purchase tickets for the tournament. Recommended by: Approved by: CCC r , �cr �,xi Kathy Moldenhauer, Acting Director of Recreation & Culture Ken I L1/414/\j( Todd, Chief Administrative Officer WOMEN'S HOCKEY ,tit ONTARIO WOMEN'S HOCKEY ASSOCIATION City of Niagara Falls Dear Mayor and Council: We are seeking your support for the fast - growing sport of women's and girl's hockey across Canada. This past year has been an unprecedented year for women's hockey! The number of girls and women playing hockey across the country grew to over 85,000; with over 38,000 in the Ontario Women's Hockey Association; and the Clarkson Cup Championship was held in Barrie, Ontario and drew in fans from around the world. The Clarkson Cup has been called "the Stanley Cup for Women." It pits the top women's clubs from the Canadian Women's hockey League and its leaders from across Canada and the U.S. in a season championship. In 2011, the Montreal Stars and the Toronto Furies — with Olympic players on both teams -- fought hard for the Clarkson Cup in a game that was broadcast on TSN. We're thrilled that this year's Clarkson Cup will be held in Niagara Falls, Ontario, on March 21 -25. Historically, women's hockey has had tremendous support in Niagara Region so we anticipate that this year's cup will be one to remember. The Right Honorable Adrienne Clarkson, who donated the cup, is expected to be in attendance. Olympic players will be there hosting a skate on Sunday for all those who have purchased tickets to the final game. Plus, TSN will be covering Sunday's game. We are asking for the assistance of your council in promoting this exciting weekend for women's hockey. We would like your help through Council sponsorship opportunities such as; Cash sponsorship of $5,000, in kind sponsorship of the cost of the facility and Sponsorship of the Friday Night reception. In recognition of your generous contributions, Council will have exciting opportunities to participate in the Clarkson Cup Championship weekend. Thank you for taking the time to consider this request. We trust you'll join us in celebrating the heritage and building the future of Canadian women's hockey. The economic impact of this event plus the positive exposure for the City of Niagara Falls is priceless. Please contact me if you have questions or require further details. Sincerely, Brenda Andress Commissioner CWHL Fran Ryder President of OWHA PD- 2011 -57 Niagara,Falls August 15, 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 -57 Street Name Change Roberts Street to Falls Avenue RECOMMENDATION That Council authorize staff to proceed with renaming Roberts Street, between Stanley Avenue and Bender Street, as Falls Avenue and with renaming Falls Avenue, between the Custom's Plaza and John Street, as North Falls Avenue; with the residents being reimbursed for their costs, up to $150, by submitting receipts. EXECUTIVE SUMMARY Report PD- 2011 -19 (attached) was before Council for their consideration on April 4, 2011 and was deferred so that staff could determine the costs for the change in street name to the residents and meet with the local residents . Staff was able to ascertain that here were no costs to residents for change of address to reflect the new street name with various utilities, credit card companies, lawyers, etc. The only notable banking cost would be the changes associated with printing new cheques with personalized (address) information. Nonetheless, the residents of Roberts Street were still not supportive of the change in name. The rationale for supporting this street name change remains because: the renaming of Roberts Street to Falls Avenue will complete the final aspect of creating a landscaped gateway into Queen Victoria Park and the surrounding tourist district; there are no objections from the emergency services agencies, Region or municipal departments; there is no known historical associative significance to the name Roberts Street; and the objections by the property owners related to the costs associated with changing personal information, have now been found to be negligible. BACKGROUND This report is a follow up report to report PD- 2011 -19 which went to Council on April 4, 2011, where Council directed staff to investigate possible costs to residents associated with the street name change and to meet with the five remaining property owners to discuss the effects to them of the street name change. SERVICE TO CONTACT HOW CHANGE IS MADE Telephone /in person/ by mail /online COST TO RESIDENT Banking Institutions On -line, telephone, in person cost for new cheques (approx. $25 depending on acct type /style /number of chqs) Canada Revenue Agency on -line, telephone, by mail no charge Credit Card companies on -line, telephone, by mail no charge Doctor /Dentist/Optician telephone, by mail no charge Driver's License telephone, by mail, on -line no charge Employer in person, by mail, no charge Health Card (OHIP) on -line, telephone, by mail - can be done at same time as Driver's License no charge Insurance Company - car /home /life /medical telephone, mail no charge Internet/Cable service on -line, by telephone no charge Library in person no charge Newspaper /magazine subscriptions on -line, by telephone, by mail no charge Professional organizations by telephone, mail, on -line no charge Schools, Daycares, Church, Gym membership in person, by mail no charge Telephone /Cellular Phone in person, by mail, on -line no charge Utilities in person, by mail no charge if existing account Canada Post - to ensure that mail is delivered to correct address in person, on -line $72.50 / 12 months, although Canada Post delivers by postal code and will continue delivery services without any notification August 15, 2011 -2- PD- 2011 -57 discuss the effects to them of the street name change. Staff prepared the following chart to understand what costs may be incurred by residents should the street name be changed. Based on the research conducted, it appears there would be little cost to residents. Most street name changes can be changed by a resident for no cost. August 15, 2011 - 3 - PD- 2011 -57 Staff met with the residents on May 9, 2011 and discussed what effect the change in street name would have on each of them. The concerns expressed by the property owners were that they have lived on that street for extended periods of time and that it would be very disruptive to have the name changed. Some residents expressed concerns over the amount of notification of the change in street names they would have to do, which although not costly, would take considerable effort given that for some, especially for those where English is not their first language. At the meeting with property owners, the owners of Michael's Inn were also present and had no concerns with the renaming of the portion of Falls Avenue that runs between the Custom's Plaza and John Street and agreed with the suggested name of "North Falls Avenue ". CITY'S STRATEGIC PRIORITIES It is one of the City's strategic priorities to encourage support of local businesses with stimulating the economy. The renaming of Roberts Street to Falls Avenue will held "brand" the corporate identity of the City as visitors arrive. LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Report PD- 2011 -19 Recommended by: Respectfully submitted: P.Boyle:gd Attach. S: \PDR\2011 \PD- 2011 -57, Street Name Change, Roberts St to Falls Ave.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer August 15, 2011 - 4 - APPENDIX 1 PD- 2011 -57 v� f HOUCK DR C o I > Y rn Z y I. > 7 < 4 < IN Affected Properties Road Ownership City NPC Region JEPSON ST KITCHENER ST ROSEDALEOR 5 LORNE ST FERRY ST r z +M >b O . 8 X O� 7 4 f 10 < STAMFORD ST • O O' MCRAE ST IEPSON ST (EPSON ST G ot itSON CR 5 • RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND APPENDIX 2 PD- 2011 -19 Niagarafalls April 4, 2011 C.\N \D.\ 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 -19 Street Name Change Request Roberts Street (between Stanley Avenue & Bender Street) and Falls Avenue (between the Custom's Plaza & John Street) That Council authorize staff to proceed with renaming Roberts Street, between Stanley Avenue and Bender Street, as Falls Avenue and with renaming Falls Avenue, between the Custom's Plaza and John Street, as North Falls Avenue. In 2002 the City, Region and Province began the process of creating a gateway entrance into the tourist area of the City along Roberts Street. Seven years ago, the City initiated proceedings to change the name of Roberts Street to Falls Avenue. This will necessitate renaming that part of Falls Avenue north of the Rainbow Bridge Plaza. Emergency Services and other agencies have no objection to the street name changes. Of the six property owners involved, one is supportive, one is willing to work with City staff and four are opposed. Typically, the City has not changed street names when there is opposition, however, this request can be supported because: the renaming of Roberts Street to Falls Avenue will complete the final aspect of creating a landscaped gateway into Queen Victoria Park and the surrounding tourist district; there are no objections from the emergency services agencies, Region or municipal departments; there is no known historical associative significance to the name Roberts Street; and the objections by the property owners are largely related to the costs associated with changing personal information. In 2002 & 2003, the Province, Region, City and the Niagara Parks Commission embarked on a partnership to turn Roberts Street into a park -like gateway into the City. The Province transferred ownership of properties it owned on Roberts Street to the Region and provided funding assistance to the Region to purchase other properties on the street. All but six properties were acquired. The houses were demolished and the Niagara Parks Commission landscaped the areas on either side of the roadway, together with a centre median, as a landscaped park leading into the City and Queen Victoria Park. April 4, 2011 - 2 - PD- 2011 -19 In 2003, the City received a request to change the name of Roberts Street to Falls Avenue to reflect the new gateway status and because the street is a continuation of Falls Avenue as it enters Queen Victoria Park. Because Roberts Street is under Regional authority, staff entered into discussions with representatives there. Processing the request has been on- again /off -again for a number of years and stalled with staff retirements. In September 2009, the Region stated "we are in agreement, in principle, with renaming Roberts Street subject to our policy and completing the necessary notifications and public meetings ". The City then assumed the responsibility to bring this to fruition. It is time to bring this matter to a conclusion. The proposal is to change the name of Roberts Street to Falls Avenue (including Newman Hill) between Stanley Avenue and Bender Street. It should be noted that Falls Avenue currently exists between John Street to the Niagara Parkway, but is discontinuous because of the Rainbow Bridge Plaza. If Falls Avenue continues up Newman Hill to Stanley Avenue, it will necessitate renaming that portion of Falls Avenue, north of the Rainbow Bridge Plaza, to John Street. A map illustrating the location of the proposed street name changes is attached as Appendix 1. In February 2010, the City Solicitor held a public meeting attended by four property owners on Roberts Street. Only one of these property owners supported renaming Roberts Street. In December 2010, Planning staff contacted the owner of 5600 Falls Avenue, the only building along that portion of Falls Avenue between the Custom's Plaza and John Street. The owner of this property is against renaming Falls Avenue in this location but would work with us. All property owners have been notified of tonight's meeting. Review Public Consultation: The Municipal Act no longer prescribes public notification requirements for changing a street name. Notification is now left to the discretion of the responsible municipality. Written notice was sent to all five property owners on Roberts Street (one owner did not attend). Written notice was sent to the owner of the lone building on Falls Avenue between the Custom's Plaza and John Street. CNH owns one building on Roberts Street and supports the street name change for Roberts Street. All other owners have voiced their opposition because of the inconvenience of having to notify banks, licence bureau, friends, etc. of the address change and also the cost which they would have to incur to have cheques reprinted, personal stationary/address labels reordered, post office official notice, etc. The owner of the building at the corner of Falls Avenue and Hiram Street also stated that for future development and marketing purposes, she would prefer to keep the name Falls Avenue; however, she also expressed a willingness to work with City staff for a possible name which includes the word Falls. Emergency Services: City staff contacted the Niagara Emergency Services (EMS) and Niagara Falls Fire Services. The properties on Roberts Street are numbered along the east/west City grid, while the numbers along Falls Avenue are assigned from the north /south grid. As a result of Roberts Street becoming Falls Avenue, the properties west of Victoria Avenue will have lower address numbers than those properties east of Victoria Avenue, whereas typically in the City the numbers closest to the River are lower. This is not a concern to emergency services. It is also noted that 5168 and 5169 Roberts Street can access their properties from MacDonald Avenue and 4869 Roberts Street has its driveway access off Stamford Street. April 4, 2011 _ 3 _ PD- 2011 -19 Mail Delivery: Notice of intent to change the street name was circulated to Canada Post. No objections were received from Canada Post. They did advise that a Change of Address Notification by the residents would be valuable to the residents in order to advise both business and personal contacts of the new street name. Canada Post also advised that they will continue to deliver the mail whether it is addressed to either Roberts Street or Falls Avenue as the postal code will not be affected by the change to the street name. Niagara Parks Commission: The Niagara Parks Commission has indicated that it would be appropriate that the chosen name be in keeping with the "gateway" nature of the street. Historical Significance: The City Historian and the Municipal Heritage Committee were contacted regarding any historical significance to the name Roberts Street. There are no known associations of note to the street name. Issues: In the past, the City has only renamed streets where it has the unanimous support of all property owners or their tenants to change the street name. The only reason for Council to proceed with the street name change at this time is to provide a name at the entrance of the tourist area which is in keeping with the gateway aspect developed as vehicles exit Highway 420. CITY'S STRATEGIC PRIORITIES It is one of the City's strategic priorities to encourage support of local businesses with stimulating the economy. The renaming of Roberts Street to Falls Avenue will help "brand" the corporate identity of the City as visitors arrive. LIST OF ATTACHMENTS Appendix 1 - Location Map Recommended By: Respectfully Submitted: A.Heriovitch :gd Attach. av uu,2ml1 S : \PDR12011\P3- 2011 -19, Roberts Street Name Change Request.wpd Alex Herlovitch Director of Planning, Building & Development Ke Todd, Chief Administrative Officer April 4, 2011 - 4 - APPENDIX 1 PD- 2011 -19 Niagara REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -54 AM- 2011 -006, Zoning By -law Amendment Application 14380 Montrose Road Applicant: Randy Swanson Agricultural Purposes Only Zoning RECOMMENDATION That Council approve the Zoning By -law amendment application to restrict the use of Part 2 to agricultural purposes only, thereby facilitating the future severance of Part 1 containing a surplus farm dwelling, subject to: 1. Establishing a minimum lot area of 3 hectares for Part 1. EXECUTIVE SUMMARY BACKGROUND Proposal PD- 2011 -54 August 15, 2011 2. Zoning portions of Part 2 Environmental Protection (EP) to implement Official Plan Amendment (OPA) No. 96. and with future zoning by -law using the terminology Conservation and Open Space instead of Environmental Protection Area. The applicant has requested a zoning amendment to limit the use of Part 2 to agricultural uses only. This will facilitate the future severance of a surplus farm dwelling on Part 1. The amendments are recommended for the following reasons: the proposal complies with the Provincial Policy Plan and the City's Official Plan with respect to protection of agricultural areas and the severance of surplus farm dwellings; • establishing a minimum lot area of 3 hectares (7.5 acres) for Part 1 will ensure the parcel is not divided in the future; and, • zoning the natural portions of Part 2 Environmental Protection (EP) will implement the Environmental Protection Area designation adopted through OPA No. 96. A zoning amendment is requested for a 40 hectare (99 acre) parcel of land known as 14380 Montrose Road and shown as Parts 1 and 2 on Schedule 1. The applicant, a full - time farmer, proposes to sever off a 3 hectare parcel of land (Part 1) containing a surplus dwelling, while retaining Part 2 for continued agricultural purposes only. Schedule 2 shows details of the land. August 15, 2011 - 2 - PD- 2011 -54 The land is designated Good General Agriculture, in part, and Environmental Protection Area, in part, in the Official Plan and is zoned Rural, in part, and Conservation Open Space, in part, by By -law No. 395, 1966. The Official Plan, as well as Provincial and Regional Policies, direct the protection and retention of agricultural lands. To conform to these policies and to facilitate the severance of Part 1, the applicant is requesting the Rural zoning of Part 2 (in accordance with By -law No. 395) to be site specifically amended to permit agricultural uses only. In addition, site specific regulations are proposed for Part 1 to require a minimum lot area of 3 hectares (7.5 hectares) and thereby to prevent the land from being divided further. The land was subject to a Zoning By -law amendment application (AM- 02/2007) to convert the existing dwelling into a cottage rental dwelling. Council approved this application conditionally, subject to Building Code, Fire and Public Health requirements being met. These conditions were never fulfilled, and an amending by -law was not adopted by Council. This previous file has been closed at the request of the current owner. Site Conditions and Surrounding Land Uses Part 1 is occupied by a dwelling, landscaped area, a man -made pond, an accessory structure and areas which have been altered by the addition of fill. Part 2 is mainly used for the growing of field crops. Parts of the property are occupied by natural features, including a watercourse that traverses the site from the north -east to the south -west, and a wooded Provincially Significant Wetland which encompasses the east end of the lands. The surrounding lands are used primarily for agricultural purposes or are occupied by significant natural areas. Several rural residences fronting onto Montrose Road are located to the north and south of the subject lands. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Niagara Peninsula Conservation Authority (NPCA) No objections. Development is not permitted within 15 metres of the water course or 30 metres of the Provincially Significant Wetland on Part 2. Any new development or site alteration on either Part should be circulated to NPCA for comment. • Regional Municipality of Niagara - No objections. Staff are satisfied that Part 2 is being consolidated with existing farm operations. - Although Part 1 is larger than what is typically permitted by Regional policy, the size is acceptable given the configuration of the dwelling, septic bed and pond and the condition of the remainder of the land. - A Type 2 "Important Fish Habitat" watercourse traverses Part 2 and is subject to the regulations of the Niagara Peninsula Conservation Authority. August 15, 2011 - 3 - PD- 2011 -54 • Parks and Recreation ANALYSIS No objections. Cash -in -lieu of parkland dedication in accordance with City requirements to be secured if applicable through the Consent Application. Ontario Ministry of Transportation, Transportation Services, Municipal Works, Legal Services, Fire Services, Transit No objections. Neighbourhood Open House A neighbourhood open house was held on June 28, 2011. Three neighbours were in attendance. One neighbour expressed concerns about the potential of Part 1 being severed into smaller parts. The minimum size of Part 1 is proposed to be limited to its current size to prevent further severances. The neighbours expressed no further concerns. 1. Provincial Policy Statement The Planning Act requires City planning decisions to comply with Provincial Policy. The Provincial Policy Statement states that prime agricultural areas are to be protected for long -term agricultural use. Severances are only permitted to separate residences surplus to a farming operation as a result of consolidation. In these cases no new dwellings are permitted on the vacant remnant parcel of farmland. Rezoning Part 2 for agricultural purposes only ensures that the proposed severance of Part 1 complies with Provincial policies. 2. Official Plan The lands are designated Good General Agriculture, in part and Environmental Protection Area, in part. Good General Agriculture lands are intended to be used for agricultural purposes as well as forestry, conservation and farm related residential dwellings. Lands designated Environmental Protection Area (EPA) are intended to be used for conservation, forest, fish and wildlife management and passive recreational uses. Existing agricultural operations that extend into EPA designated lands are also permitted. Council recently adopted OPA No. 96 which will refine the EPA designation. OPA No. 96 is awaiting approval from the Region. Where two or more farms have been consolidated and a related farm dwelling is considered surplus, the severance of a lot with the surplus dwelling on it may be permitted. In this case the remnant farm parcel is to be rezoned to preclude any further residential development. The lot size is to be restricted to 0.4 hectares (1 acre) in size unless additional area is required to support a well and sewage disposal system. The requested rezoning complies with the Official Plan as follows: Rezoning the farm remnant parcel (Part 2) for agricultural purposes only will preclude new residential development and ensure the agricultural land is preserved as intended by the Official Plan. August 15, 2011 - Part 1 is 3 hectares in size and has an existing dwelling and septic bed. The location of the landscape pond and areas of fill means it is not possible to farm the balance of Part 1. The lot area has been minimized as much as practical and active agricultural lands are not being lost. - Requiring a minimum lot size of 3 hectares (7.5 acres) for Part 1 will ensure that there is no further lot creation contrary to the Official Plan. OPA No. 96 designates the watercourse that traverses Part 2 and the forested Provincially Significant Wetland at the east end as Environmental Protection Area. In accordance with OPA No. 96, the environmental features are recommended to be zoned Environmental Protection as part of this application. 3. Zoning By -law The current Rural zoning of most of the land permits agricultural uses, single family dwellings and public utilities, and requires a minimum lot size of 0.4 hectares. The requested site specific zoning would limit the use of the Rural zoned portions of Part 2 to agricultural uses only. A single detached dwelling will continue to be permitted on Part 1, however this parcel would be required to have a minimum lot area of 3 hectares (7.5 acres) through the recommended site specific provisions. A previous zoning application for a cottage rental unit is being withdrawn through this application. The watercourse that crosses Part 2 is zoned Conservation and Open Space. The Provincially Significant Wetland at the east end of Part 2 is zoned Rural. As discussed above, these natural features should be zoned Environmental Protection (EP). The City is developing a standard EP zone as part of its Comprehensive Zoning By- law. To protect the natural areas this zone would restrict the use of land to a conservation use, a forestry use, wildlife management, works of a Conservation Authority and existing agricultural operations. Buildings and structures would be prohibited unless they are related to flood control. Currently the landowner uses the wooded area for tree cutting under a Conservation Authority permit. In addition, some of the cultivated fields on the land may encroach into the EPA designated lands. The proposed zone would not interfere with the continuation of either of these activities. CITY'S STRATEGIC COMMITMENT Approval of this application will satisfy Council's strategic priority of having regard for natural provisions as agricultural lands will be retained. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended By: Respectfully Submitted: A.Bryce:mb Attach. S: \PDR\2011 \PD- 2011 -54, AM- 2011 -006, 14380 Montrose Road, Randy Swanson.wpd - 4 - PD- 2011 -54 Alex Herlovitch, Director of Planning, Building & Development Keah Todd, Chief Administrative Officer August 15, 2011 -5- PD- 2011 -54 RLZd Rn Subject Land Applicant: Randy Swanson SCHEDULE 1 Location Map 1 Part 1 crta on Town of Fort Erie Amending Zoning By-law No. 79 -200 vA 1:N TS AM- 2011 -006 Jut, 2011 August 15, 2011 -6- SCHEDULE 2 PD- 2011 -54 7J rn 0 —I cn REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2011 -37 Regional Wastewater Rebate RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND F- 2011 -37 Niagaraj7alls August 15, 2011 That staff reserve the Regional Sewer Rebate in a wastewater rate stabilization and report to Council as to the optimum use of the rebate during the 2012 Budget deliberations. In July, the City of Niagara Falls received $2,385,321 from the Region of Niagara for the reconciliation of wastewater flows for 2008 -2010 operating years. In 2008, the Region modified the methodology of charging municipalities for wastewater treatment from actual flows in a year to the fixed amount based on three year historical average flows. The amount received represents the Region's reconciliation of the actual flows with the fixed amounts charged. Staff recommend that the amount received be reserved in a waste water rate stabilization reserve until the 2011 operating results are known. Two factors influence this recommendation. Firstly, the same methodology is still being used by the Region to change municipalities for wastewater flows, and unlike in prior years, the flows in 2011 are greater than the historical average used in establishing regional rates. Secondly, despite the fact that Council has invested heavily in infrastructure including storm water management, sewer separation and improvements to sewer infrastructure, there continues to be significant infrastructure investment needs. The 10 year capital needs will be completed and presented to Council prior to the 2012 Utility Budget presentation. The Region of Niagara is responsible for the operation of the water treatment and the wastewater treatment plants to the lower tier municipalities. The City of Niagara Falls is responsible for retailing potable water and charging users for wastewater treatment. The Region of Niagara charges the City of Niagara Falls for wastewater treatment based on the three year average flows of the municipality. This estimated flow is then used in conjunction with all of the municipalities to determine the City's proportional share of the costs. The proportional cost is then established for the operating year as the Region's requisition. The City of Niagara Falls proportional three year average for 2011 is 19.398% or $11,721,435. The amount of $2.3 million was returned to the City of Niagara Falls based on the proportional actual flows for 2008 -2010 being different from what was determined in the August 15, 2011 establishment of the rate. The City's actual flows were Tess than estimated in these years. A number of factors impact the flows, including weather patterns and the City's investment in infrastructure improvements. In 2011, the City's flows have increased as of June 30, 2011 by 22% from 2010. Data from the other municipalities is not available but based on rain patterns this year, this increase would be consistent throughout all lower tiers in the Region. These factors will determine what, if any, year end reconciliations will be made. The City has contributed $4.245 million annually to capital funding in the wastewater utility budget. This funding provides resources to fund sewer separation projects which has had a positive impact on reducing wastewater treatment volumes. However, staff have identified additional infrastructure projects of this nature. This will be identified in the 10 year capital needs plan and will form the basis of the 2012 Utility Budget. FINANCIAL IMPLICATIONS - 2 - F- 2011 -37 The funding of $2,385,321 received from the Region will be established in a Special Purpose Reserve known as the Wastewater Rate Stabilization Reserve. Staff recommend that the monies remain in this reserve until both the 10 year capital plan and the 2012 Utility Budget are completed. At that time, staff will recommend options to Council on the use of funds to ensure that the use of funds is optimized for ratepayers. STRATEGIC PRIORITIES Financial Stability - develop strategy for appropriate level of utility rates and fees - ensuring long term sustain ability of municipal infrastructures Recommended by: Respectfully submitted: . Da Todd Harrison, Director of Finance i Ken Todd, Chief Administrative Officer Nia ara alls REPORT TO: SUBMITTED BY: SUBJECT: BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2011 -33 Monthly Tax Receivables Report August 15, 2011 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY F- 2011 -33 This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of June 30, 2011 were $24.6 million compared to $25.5 million in 2010. During June, tax receivables as a percentage of taxes billed decreased from 38.9% in 2010 to 37.6% in 2011. The City's finance staff has had success in resolving 85% 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 June. Table 1 shows that taxes outstanding at June 30, 2011 are $24.6 million. This represents a decrease from $25.5 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 has 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 six months of activity. This table shows 84.9% of the tax accounts or 331 properties have been paid in full or the owners have made suitable payment arrangements. During June, fourteen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 77.4% (May) to 84.9% (June). August 15, 2011 - 2 - F- 2011 -33 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 June, one registered property was redeemed and one property was registered. The outstanding taxes for registered properties represents 4.9% 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 June 30, 2011 is 37.6% which is a decrease from 2010's value of 38.9 %. 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 June 30, 2011 Taxes Receivable by Property Class at June 30, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd FYarrison, Director of Finance Ken Todd, Chief Administrative Officer Taxes Receivable by Property Class as at June 30,2011 Outstanding Taxes @ May 31, 2011 2011 Taxes Owing % of Class 2010 Taxes Owing % of Class Residential $ 33,540,929 73.57% $ 32,169,722 70.00% Multi- Residential $ 195,678 0.43% $ 285,405 0.62% Commercial $ 11,001,800 24.13% $ 12,620,741 27.46% Industrial $ 781,109 1.71% $ 825,151 1.80% Farmlands $ 68,845 0.15% $ 58,741 0.13% Total Receivables $ 45,588,360 100.00% $ 45,959,760 100.00% Total Taxes Receivable Owing at June 30, 2011 2011 2010 Outstanding Taxes @ May 31, 2011 $ 25,275,288 $ 26,768,326 Taxes Billed and Due June 30, 2011 $ 20,952,565 $ 20,445,597 Penalty charged in June $ 246,944 $ 261,544 Taxes Collected during June $ 21,839,002 $ 21,961,304 Outstanding Taxes @ June 30, 2011 $ 24,635,795 $ 25,514,163 Taxes Billed and Due September 30, 2011 $ 20,952,565 $ 20,445,597 Total Taxes to be Collected $ 45,588,360 $ 45,959,760 TABLE 1 TABLE 2 Scheduled Tax Sales Date Properties Subject to Registration as at May 31, 2011 Properties Subject to Registration as at June 30, 2011 November 2011 Initial Amount 390 390 9 Paid in Full 82 96 24.6% Payment Arrangements 220 235 60.3% Ongoing Collection Action 88 59 15.1% Registered 0 0 0.0% 390 390 100.0% Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2011 14 $ 1,505,991 May 2012 9 $ 720,131 November 2012 1 $ 12,281 Totals 24 $ 2,238,402 TABLE 3 TABLE 4 F- 2011 -39 Niagaraaalls August 15, 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 -39 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $23,805,195.59 for the period June 23, 2011 to July 20, 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 Har ison, Director of Finance Ken T dd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Page 1 of 11 Cheque No. Cheque Date Purpose Amount 0808414 BC LTD 0/0 POST FOODS CANADA - TAX DEPT 29R 347630 20 -Jul -2011 REFUND 36,249.72 1049491 ONTARIO INC 347139 29- Jun -2011 REFUND 4,916.30 1057636 ONTARIO LTD 347140 29- Jun -2011 REFUND 4,506.94 1149948 ONTARIO LTD 347141 29- Jun -2011 REFUND 64,398.61 1198983 ONTARIO LIMITED 347142 29- Jun -2011 REFUND 2,017.59 1238838 ONTARIO LIMITED 347143 29- Jun -2011 REFUND 5,290.93 1254225 ONTARIO INC 347144 29- Jun -2011 REFUND 139.02 1254265 ONTARIO LIMITED 347631 20 -Jul -2011 REFUND 9,543.08 1372744 ONTARIO LTD 347145 29- Jun -2011 REFUND 555.02 151702 CANADA INC 347146 29- Jun -2011 REFUND 3,481.27 1536591 ONTARIO INC 347147 29- Jun -2011 REFUND 7,638.02 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 347148 29- Jun -2011 MATERIALS 151.42 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATH 347632 20 -Jul -2011 SERVICES 103.81 1609652 ONTARIO LIMITED 347149 29- Jun -2011 REFUND 3,614.57 1660776 ONTARIO INC /ROSE DONATELLI 347150 29- Jun -2011 REFUND 720.42 1683057 ONTARIO LTD 347151 29- Jun -2011 REFUND 2,756.97 1686541 ONTARIO INC 0/0 MAIN STREET CONVENIEN 347152 29- Jun -2011 REFUND 1,511.12 1692695 ONTARIO LTD 347153 29- Jun -2011 REFUND 2,280.31 2088937 ONTARIO INC. 347154 29- Jun -2011 REFUND 1,859.01 2094928 ONTARIO LIMITED 347155 29- Jun -2011 REFUND 470.60 2095527 ONTARIO LTD 347156 29- Jun -2011 ANTENNA LICENSE AGREEMENT 1,130.00 2131595 ONTARIO INC 347157 29- Jun -2011 REFUND 4,623.31 2216082 ONTARIO LIMITED 347158 29- Jun -2011 REFUND 11,729.70 2236948 ONTARIO INC 347159 29- Jun -2011 REFUND 1,068.65 2249510 ONTARIO INC 347160 29- Jun -2011 REFUND 24,451.46 367359 ONTARIO LTD 347633 20 -Jul -2011 REFUND 1,954.05 374685 ONTARIO LIMITED 347161 29- Jun -2011 REFUND 1,552.99 471791 ONTARIO INC 347634 20 -Jul -2011 REFUND 1,045.48 5175 VICTORIA HOLDINGS INC 347162 29- Jun -2011 REFUND 6,395.32 525230 ONTARIO LTD CANADIAN NIAGARA HOTELS 347665 20 -Jul -2011 REFUND 6,195.45 547554 ONTARIO LIMITED 347163 29- Jun -2011 REFUND 4,238.48 550857 ONTARIO LTD 347164 29- Jun -2011 REFUND 78.95 550857 ONTARIO LTD 347165 29- Jun -2011 REFUND 93.23 566960 ONTARO INC 347166 29- Jun -2011 REFUND 6,317.51 581858 ONTARIO LTD 347167 29- Jun -2011 REFUND - REBATE 1,063.45 603755 ONTARIO INC 347168 29- Jun -2011 REFUND 1,773.23 639468 ONTARIO LTD (0/A BALLOONIVERSE) 347169 29- Jun -2011 MATERIALS 124.30 705336 ONTARIO LIMITED 347170 29- Jun -2011 REFUND 1,753.07 751412 ONTARIO LTD 347171 29- Jun -2011 REFUND 7,272.54 820872 ONTARIO LTD 347172 29- Jun -2011 REFUND 5,881.09 886995 ONTARIO LTD 347173 29- Jun -2011 REFUND 2,855.46 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING 347464 13 -Jul -2011 MATERIALS 339.00 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 347174 29- Jun -2011 MATERIALS 1,699.52 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 347335 06 -Jul -2011 SERVICES 96.05 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 347465 13 -Jul -2011 MATERIALS 205.66 992583 ONTARIO LIMITED 347175 29- Jun -2011 REFUND 1,640.88 A B C RECREATION LTD 347466 13 -Jul -2011 MATERIALS 2,662.37 ACA ENGINEERING SERVICES 347336 06 -Jul -2011 SERVICES 2,572.33 ACA ENGINEERING SERVICES 347467 13 -Jul -2011 SERVICES 851.23 ACCU LOCK AND SECURITY 347468 13 -Jul -2011 MATERIALS 35.52 ACCU LOCK AND SECURITY 347635 20 -Jul -2011 MATERIALS 3,142.19 ACKLANDS GRAINGER INC 347337 06 -Jul -2011 MATERIALS 135.55 ACTIVE NETWORK LTD 347338 06 -Jul -2011 PROJECT PLANNING 2,486.00 ACTIVE NETWORK LTD 347469 13 -Jul -2011 CONTRACT SERVICES 12,966.75 ADSHEAD,DON 347636 20 -Jul -2011 REFUND 20.00 ADVANCE FIRE CONTROL 347341 06 -Jul -2011 SERVICES 474.60 ADVANCE TOWING 347176 29- Jun -2011 SERVICES 271.20 ADVANCE TOWING 347339 06 -Jul -2011 SERVICES 220.35 ADVANCE TOWING 347470 13 -Jul -2011 SERVICES 50.85 ADVANCE TOWING 347637 20 -Jul -2011 SERVICES 248.60 ADVANTAGE FLOORING NIAGARA LTD 347177 29- Jun -2011 MATERIALS 836.20 ADVANTAGE PRODUCTS 347340 06 -Jul -2011 MATERIALS 649.66 AFFILIATED CUSTOMS BROKERS LTD 347178 29- Jun -2011 SERVICES 126.73 AFFILIATED CUSTOMS BROKERS LTD 347471 13 -Jul -2011 MATERIALS 56.80 AIR CARE SERVICES 347179 29- Jun -2011 SERVICES 5,869.44 AIR CARE SERVICES 347472 13 -Jul -2011 MATERIALS 8,496.23 AIR CARE SERVICES 347638 20 -Jul -2011 MATERIALS 3,166.19 ALFIDOME CONSTRUCTION 347639 20 -Jul -2011 CONTRACT SERVICES 144,775.73 ALISON'S SPORTS & AWARDS 347180 29- Jun -2011 MATERIALS 337.87 ALISON'S SPORTS & AWARDS 347342 06 -Jul -2011 MATERIALS 9.04 ALL GREEN IRRIGATION 347473 13 -Jul -2011 MATERIALS 385.33 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 347181 29- Jun -2011 MATERIALS 174.59 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 347343 06 -Jul -2011 MATERIALS 199.45 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANDERS,CHRIS ANDREWS,ALLAN ANDRIGHETTI,DAVE APPLIED GEOLOGICS INC ARCHAEOLOGICAL SERVICES INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARDEL INVESTMENTS LIMITED ARIVA ARIVA ARIVA AYKROYD,VANESSA B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE BADGER DAYLIGHTING LP BALDINI & VANDERSLUYS PHOTOGRAPHERS BANK OF NOVA SCOTIA BANNERMAN,MAJA BARON ROOFING & SIDING LTD BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BASILE,CARMELINA& BASILE, GEORGE BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BENNETT,CATHARINE BERNAT,CLARK BESAM CANADA INC BHAN,SATISH BICKLE MAIN INDUSTRIAL SUPPLY INC BIRD,LUCETTE BOARDMASTER SAWMILL & TREE SERVICE BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBOROS,TERRY BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUW,JEFF BOUW,JEFF BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRAND BLVD INC BRANNON,CHRIS BREAK A WAY CONCESSIONS BREAK A WAY CONCESSIONS BRIANT,ROBERT BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK & PARTNERS BROWNS SEPTIC SERVICE LTD BURLINGTON TOP HAT MARCHING ORCHESTRA BURNSIDE,STEPHEN BURSE,PAMELA BUTLER,DAVID C R I FIRE & SECURITY C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC Cheque No. Cheque Date 347640 20 -Jul -2011 347344 06 -Jul -2011 347641 20 -Jul -2011 347345 06 -Jul -2011 347642 20 -Jul -2011 347346 06 -Jul -2011 347643 20 -Jul -2011 347644 20 -Jul -2011 347347 06 -Jul -2011 347348 06 -Jul -2011 347474 13 -Jul -2011 347182 29- Jun -2011 347475 13 -JuI -2011 347183 29- Jun -2011 347184 29- Jun -2011 347476 13-Jul-2011 347645 20-Jul-2011 347349 06-Jul-2011 347188 29- Jun -2011 347351 06-Jul-2011 347646 20-Jul-2011 347477 13-Jul-2011 347648 20-Jul-2011 347647 20-Jul-2011 347350 06-Jul-2011 347185 29- Jun -2011 347186 29- Jun -2011 347187 29- Jun -2011 347478 13-Jul-2011 347352 06-Jul-2011 347190 29- Jun -2011 347355 06-Jul-2011 347479 13-Jul-2011 347481 13-Jul-2011 347649 20-Jul-2011 347650 20-Jul-2011 347480 13-Jul-2011 347651 20-Jul-2011 347652 20-Jul-2011 347356 06-Jul-2011 347191 29- Jun -2011 347482 13-Jul-2011 347653 20-Jul-2011 347654 20-Jul-2011 347193 29- Jun -2011 347483 13-Jul-2011 347656 20-Jul-2011 347655 20-Jul-2011 347194 29- Jun -2011 347657 20-Jul-2011 347195 29- Jun -2011 347484 13-Jul-2011 347485 13-Jul-2011 347196 29- Jun -2011 347197 29- Jun -2011 347357 06-Jul-2011 347658 20-Jul-2011 347659 20-Jul-2011 347198 29- Jun -2011 347358 06-Jul-2011 347660 20-Jul-2011 347359 06-Jul-2011 347486 13-Jul-2011 347487 13-Jul-2011 347661 20-Jul-2011 347199 29- Jun -2011 347200 29- Jun -2011 347201 29- Jun -2011 347662 20-Jul-2011 347663 20-Jul-2011 347220 29- Jun -2011 347372 06-Jul-2011 347507 13-Jul-2011 347489 13-Jul-2011 Purpose SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEL /MILEAGE TRAVEL /MILEAGE NIAGARA COMPLIANCE AUDIT REFUND CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS REFUND SERVICES SERVICES MATERIALS MATERIALS ARB DECISION TRAVEL /MILEAGE MATERIALS REFUND SERVICES REFUND MATERIALS TRAVEL /MILEAGE REFUND SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND REFUND MATERIALS LIVESTOCK CLAIM MATERIALS REFUND SERVICES SERVICES SERVICES MATERIALS REFUND SERVICES SERVICES LIVESTOCK CLAIM LIVESTOCK VALUERS FEE REFUND FEE FOR SERVICE MATERIALS MATERIALS MATERIALS FAIRVIEW- FOUNDATION SIZE REFL MATERIALS MATERIALS REFUND SERVICES SERVICES MATERIALS CONSULTING SERVICES SERVICES CANADA DAY ENTERTAINMENT CANADA DAY - SOUND SYSTEM REFUND REFUND MATERIALS CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES Page 2 of 11 Amount 148.03 50.34 389.59 1,909.50 1,909.50 114.50 82.16 152.00 146.52 4,520.57 2,358.88 68.75 198.46 3,102.28 1,064.33 593.59 831.68 135.41 340.92 424.17 1,452.05 282.50 2,107.24 110.51 1,830.61 818.71 7,057.98 425.42 876.74 84.89 1,385.60 9,595.56 137.94 14.63 66.52 221.99 113.00 20.00 319.04 4,859.00 125.00 162.72 20.00 155.94 791.00 1,582.00 197.75 20.00 864.45 2,135.70 60.00 60.00 86.60 16,066.67 1,284.25 1,199.50 1,945.30 50.03 237.30 3,500.00 20.00 389.85 1,366.16 98.99 12,251.46 610.20 1,500.00 200.00 20.00 20.00 1,740.20 5,250.00 14,676.67 2,388.83 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CAMPBELL,CAREY CAN AM INSTRUMENTS LTD CANADA CULVERT CANADA TRUST COMPANY THE CANADIAN DOOR DOCTOR CANADIAN IMPERIAL BANK OF COMMERCE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN NATIONAL CANADIAN NIAGARA HOTELS INC CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANOP INC CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CARACCIOLO,CARMELO CARLETON UNIFORMS INC CARRICK,MARZENNA CARRICK,MARZENNA CASTLE MECHANICAL CASTLE MECHANICAL CATARACT COLLISION CENTRE CEDAR SPRINGS CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL COMMUNICATIONS CENTURY VALLEN CERIDIAN CANADA LTD CHANGING SEASONS LANDSCAPE & MAINTENANCE CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEEMA,LAL SINGH CHEVY LANE FABRICATIONS CHEVY LANE FABRICATIONS CHU,PHONG& WU, MING 01 CICCONE,FRANK CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CITRIX SYSTEMS CITY OF PORT COLBORNE FINANCE DEPARTMENT CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC C -MAX FIRE SOLUTIONS CNM INC CODE 4 FIRE & RESCUE INC COINAMATIC COMMERCIAL LAUNDRY INC COLLABORATIVE STRUCTURES LIMITED COMMERCIAL DIGITAL PRINT INC COMMISSIONAIRES COMMISSIONAIRES COMMUNITY ARTISTS NIAGARA COMPRESSOR SYSTEMS INTERNATIONAL INC CONS SCOLAIRE DE DISTRICT CATHOLIQUE CONS SCOLAIRE DE DISTRICT DU CENTRE SUD-OUEST CORPORATE CONSTRUCTION INC. COWAN,HEIDI CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CROMBIE LEASEHOLDS LTD CUPE LOCAL 133 CUPE LOCAL 133 Cheque No. Cheque Date 347360 06 -Jul -2011 347361 06 -Jul -2011 347490 13 -Jul -2011 347207 29- Jun -2011 347362 06 -Jul -2011 347202 29- Jun -2011 347203 29- Jun -2011 347363 06 -Jul -2011 347491 13 -Jul -2011 347492 13 -Jul -2011 347666 20 -Jul -2011 347664 20 -Jul -2011 347494 13 -Jul -2011 347365 06 -Jul -2011 347668 20 -Jul -2011 347204 29- Jun -2011 347205 29- Jun -2011 347364 06 -Jul -2011 347493 13 -Jul -2011 347667 20 -Jul -2011 347669 20 -Jul -2011 347670 20 -Jul -2011 347208 29- Jun -2011 347671 20 -Jul -2011 347210 29- Jun -2011 347495 13 -Jul -2011 347496 13 -Jul -2011 347672 20 -Jul -2011 347211 29- Jun -2011 347497 13 -Jul -2011 347673 20 -Jul -2011 347629 14 -Jul -2011 347366 06 -Jul -2011 347674 20 -Jul -2011 347498 13 -Jul -2011 347212 29- Jun -2011 347675 20 -Jul -2011 347676 20 -Jul -2011 347213 29- Jun -2011 347367 06 -Jul -2011 347499 13 -Jul -2011 347677 20 -Jul -2011 347214 29- Jun -2011 347215 29- Jun -2011 347500 13 -Jul -2011 347678 20 -Jul -2011 347679 20 -Jul -2011 347501 13 -Jul -2011 347680 20 -Jul -2011 347502 13 -Jul -2011 US DRAFT 15 -Jul -2011 347503 13 -Jul -2011 347216 29- Jun -2011 347504 13 -Jul -2011 347681 20 -Jul -2011 347217 29- Jun -2011 347218 29- Jun -2011 347682 20 -Jul -2011 347368 06 -Jul -2011 347683 20 -Jul -2011 347219 29- Jun -2011 347369 06 -Jul -2011 347684 20 -Jul -2011 347505 13 -Jul -2011 347685 20 -Jul -2011 WIRE 30- Jun -2011 WIRE 30- Jun -2011 347370 06 -Jul -2011 347506 13 -Jul -2011 347371 06 -Jul -2011 347686 20 -Jul -2011 347221 29- Jun -2011 347373 06 -Jul -2011 347687 20 -Jul -2011 Purpose TRAVEL /MILEAGE MATERIALS MATERIALS REFUND SERVICES REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES ARB DECISION CONTRACT SERVICES LEASES AND RENTS MATERIALS MATERIALS REFUND SERVICES SERVICES SERVICES SERVICES REFUND MATERIALS TRAVEL /MILEAGE ITE CONFERENCE SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS ARB DECISION REFUND MATERIALS MATERIALS LEASES AND RENTS MAINTENANCE AGREEMENT MATERIALS SERVICES SERVICES SERVICES MATERIALS REFUND MATERIALS SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS TAX LEVY TAX LEVY CONTRACT SERVICES REFUND SERVICES CONSULTING SERVICES REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE Page 3 of 11 Amount 732.94 4,626.45 1,650.79 3,326.33 4,914.37 2,343.16 294.39 397.60 265.27 5,084.59 8,248.30 1,079.55 197.75 709.24 803.37 10, 718.86 8.16 34.18 39.26 85.95 20.00 1,064.12 148.20 1,880.76 404.34 578.81 4,691 .76 553.70 1,517.03 1,957.73 463.30 193,042.85 423.75 769.10 1,700.77 2,090.50 20.00 20.00 125.23 1,726.33 2,719.14 1,365.74 2,213.81 1,146.95 4,068.00 1,051 .31 20.00 11, 300.00 870.98 3,796.80 5,808.95 1,106.83 83.06 327.14 838.46 1,657.30 6,657.22 213.01 107.44 690,128.58 57.38 22,046.41 1,381.21 50.00 763.29 263,338.20 79,005.79 10,500.00 119.39 10,210.25 2,277.00 3,494.93 8,877.82 9,244.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CYBERBAHN INC CYTEC CANADA INC. D'AGOSTINO,ANGELA & VINCENT DALKE,DORIS DANIEL & PARTNERS LLP DANYAAL ENTERPRISES LTD DARCH FIRE DATA FIX DAVID I. SHAPIRO DAVIDSON,ANGELA DAVIS,WADE DE LAGE LANDEN FINANCIAL SERVICES CAN INC DE LISIO,LUIGI DELL CANADA INC DELPHI BANQUET FACILITIES DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DESJARDINS FINANCIAL SECURITY LIFE ASSURANCE DEURLOO,JOAN DEVRON PIPE SALES DEVRON PIPE SALES DEVRON PIPE SALES DIMOND,MARK DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOSA,MORRIS DRAFTING CLINIC CANADA LTD DRUXY'S DRUXY'S DUERKSEN,ANGELA DULUX PAINTS DULUX PAINTS DULUX PAINTS DUNN AND DRUMMOND INCORPORATED E & R LAWN EQUIPMENT E S FOX ENTERPRISES INC E.R.A. ARCHITECTS INC ECONOMIC DEVELOPERS COUNCIL OF ONTARIO ELECTROMEGA LTD ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENBRIDGE GAS DISTRIBUTION INC ENDURA CONSTRUCTION LTD ENERSMART ELECTRICAL SERVICES EQUIPMENT SPECIALIST INC ESPINOZA,FERNANDO& ESPINOZA, LAUREL ESTATE OF L Y BUKATOR, ETHERINGTON,DAVE EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVOLUTION TRUCK & TRAILER SERVICE EVOLUTION TRUCK & TRAILER SERVICE FACCHIN,MARGHERITA & ZAPPITELLI, VIVIAN FAIELLA,EILEEN FALLS AUTO BODY INC FALLS AUTO BODY INC FALLS ELECTRIC INC FALLSVIEW GOLF INC FALLSWAY SUPPLY FALVO CONSTRUCTION FANSOLATO,WAYNE FANSOLATO,WAYNE FARNAN, SR,GARY W Cheque No. Cheque Date 347688 20 -Jul -2011 347689 20 -Jul -2011 347222 29- Jun -2011 347690 20 -Jul -2011 347691 20 -Jul -2011 347223 29- Jun -2011 347692 20 -Jul -2011 347224 29- Jun -2011 347845 20 -Jul -2011 347334 29- Jun -2011 347374 06 -Jul -2011 347693 20 -Jul -2011 347508 13 -Jul -2011 347375 06 -Jul -2011 347225 29- Jun -2011 347376 06 -Jul -2011 347377 06 -Jul -2011 347509 13 -Jul -2011 347226 29- Jun -2011 347694 20 -Jul -2011 347227 29- Jun -2011 347378 06 -Jul -2011 347510 13 -Jul -2011 347379 06 -Jul -2011 347228 29- Jun -2011 347695 20 -Jul -2011 WIRE 30- Jun -2011 347380 06 -Jul -2011 347229 29- Jun -2011 347381 06 -Jul -2011 347696 20 -Jul -2011 347512 13 -Jul -2011 347264 29- Jun -2011 347537 13 -JuI -2011 347750 20-Jul-2011 347697 20-Jul-2011 347233 29- Jun -2011 347706 20-Jul-2011 347383 06 -JuI -2011 347382 06-Jul-2011 347230 29- Jun -2011 347700 20-Jul-2011 347231 29- Jun -2011 347513 13-Jul-2011 347701 20 -JuI -2011 347514 13-Jul-2011 347702 20-Jul-2011 347703 20-Jul-2011 347704 20-Jul-2011 347705 20-Jul-2011 347515 13 -JuI -2011 347516 13-Jul-2011 347234 29- Jun -2011 347235 29- Jun -2011 347517 13-Jul-2011 347707 20-Jul-2011 347236 29- Jun -2011 347237 29- Jun -2011 347384 06-Jul-2011 347518 13-Jul-2011 347708 20-Jul-2011 347385 06-Jul-2011 347519 13-Jul-2011 347238 29- Jun -2011 347709 20-Jul-2011 347239 29- Jun -2011 347711 20-Jul-2011 347712 20-Jul-2011 347710 20-Jul-2011 347386 06-Jul-2011 347387 06-Jul-2011 347240 29- Jun -2011 347520 13-Jul-2011 347388 06-Jul-2011 Purpose REPLENISH ACCT ARB DECISION REFUND REFUND REFUND -TAX REFUND MATERIALS SERVICES REFUND REFUND REFUND CONTRACT SERVICES REFUND - OVERPAYMENT OF COMM SERVICES MATERIALS CONSULTING SERVICES MATERIALS MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS REFUND REFUND - DAMAGE DEPOSIT ADMINISTRATIVE -ON LINE AUCTION TAX LEVY REFUND SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS ARB DECISION EQUIPMENT ARB DECISION SERVICES MEMBERSHIP MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS UTILITIES UTILITIES ARB DECISION UTILITIES LEASES AND RENTS REFUND LEASES AND RENTS REFUND REFUND TRAVEL /MILEAGE REFUND MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS ARB DECISION MATERIALS SERVICES REIMBURSEMENT TRAVEL /MILEAGE REFUND Page 4 of 11 Amount 500.00 38,209.38 989.06 20.00 542.76 3,594.91 7,123.58 2,825.00 10.00 500.00 150.00 2,895.06 100.00 13,433.44 1,633.47 1,130.00 219.69 5,524.80 71,571.33 20.00 121.31 304.20 843.82 150.00 750.00 72.77 6,599,177.14 750.00 141.24 76.84 210.75 128.96 117.88 281.35 250.86 16,862.25 2,339.10 28,495.26 3,390.00 118.65 1,977.50 3,223.10 1,451.94 4,847.64 97.86 3,596.54 6,386.60 1,056.80 9,831.25 2,293.90 750.00 6,169.80 877.71 801.46 132.08 98.00 3,208.60 1,474.65 1,525.50 988.75 2,276.95 1,400.91 257.29 1,944.07 20.00 4,478.07 3,483.00 1,817.81 31,118.11 2,983.20 945.25 75.00 45.00 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FARRELL,PETE FAST,DAVID JOHN FAST,SYLVIA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FAVERO'S CAR WASHI LIMITED FEDERAL EXPRESS CANADA LTD FENCAST INDUSTRIES LTD FERON,JEANNETTE FERRANTE,PRISCILLA FIEDOREK,STANISLAW FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLYING SAUCER DRIVE -IN LIMITED FORLIN,KATHY FORMICA,MATT FORMISANO,ADRIANO FORTUNA,JOHN FRAONE,VICTOR FRASER,LINDA FREDERICK,RICK FREDERICK,RICK FRETZ,LINDA GALES GAS BARS GARLUND PROPERTIES INC GAULD NURSERIES LTD GERRIE ELECTRIC WHOLESALE LTD GIBSON,RICH GLENTEL WIRELESS CENTRE GOLIA,VITO& GOLIA, CARMELA GOODY,ROBERT GRAVELLE,DON GRAVELLE,MIKE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREEN,BRUCE GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENLAWN GREIF BROS CANADA INC GRIFFITHS,DAVID GRINDLAY,PATRICK GROTTOLA,FRANK & NANCY GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY HACH SALES & SERVICE CANADA LTD HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY HALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC HAMDANI DRY CLEANERS LIMITED HAMILTON,STEPHEN HAMILTON,STEPHEN HANG UPS HARRIMAN JOHN HENDERSON RECREATION EQUIPMENT LIMITED HENLER INVEST LTD BELMER INVESTMENTS LTD HERITAGE SAFETY PRODUCTS LTD HERITAGE SAFETY PRODUCTS LTD HERITAGE SAFETY PRODUCTS LTD Cheque No. Cheque Date 347713 20 -Jul -2011 347241 29- Jun -2011 347714 20 -Jul -2011 347242 29- Jun -2011 347389 06 -Jul -2011 347521 13 -Jul -2011 347715 20 -Jul -2011 347390 06 -Jul -2011 347716 20 -Jul -2011 347717 20 -Jul -2011 347718 20 -Jul -2011 347243 29- Jun -2011 347522 13 -Jul -2011 347244 29- Jun -2011 347391 06 -Jul -2011 347523 13 -Jul -2011 347719 20 -Jul -2011 347720 20 -Jul -2011 347392 06 -Jul -2011 347721 20 -Jul -2011 347245 29- Jun -2011 347722 20 -Jul -2011 347724 20 -Jul -2011 347723 20 -Jul -2011 347246 29- Jun -2011 347725 20 -Jul -2011 347726 20 -Jul -2011 347247 29- Jun -2011 347727 20 -Jul -2011 347728 20 -Jul -2011 347525 13 -Jul -2011 347526 13 -Jul -2011 347729 20 -Jul -2011 347248 29- Jun -2011 347730 20 -Jul -2011 347731 20 -Jul -2011 347732 20 -Jul -2011 347249 29- Jun -2011 347527 13 -Jul -2011 347393 06 -Jul -2011 347394 06 -Jul -2011 347395 06 -Jul -2011 347733 20 -Jul -2011 347734 20 -Jul -2011 347250 29- Jun -2011 347735 20 -Jul -2011 347736 20 -Jul -2011 347528 13 -Jul -2011 347396 06 -Jul -2011 347397 06 -Jul -2011 347529 13 -Jul -2011 347737 20 -Jul -2011 347251 29- Jun -2011 347530 13 -Jul -2011 347738 20 -Jul -2011 347398 06 -Jul -2011 347739 20 -Jul -2011 347532 13 -Jul -2011 347741 20 -Jul -2011 347740 20 -Jul -2011 347742 20 -Jul -2011 347743 20 -Jul -2011 347399 06 -Jul -2011 347531 13 -Jul -2011 347252 29- Jun -2011 347253 29- Jun -2011 347744 20 -Jul -2011 347254 29- Jun -2011 347255 29- Jun -2011 347257 29- Jun -2011 347258 29- Jun -2011 347400 06 -Jul -2011 347533 13 -Jul -2011 347745 20 -Jul -2011 Purpose REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS ARB DECISION SERVICES ARB DECISION REFUND REFUND REFUND SERVICES MATERIALS MATERIALS MATERIALS MATERIALS ARB DECISION TRAVEL /MILEAGE TRAVEL /MILEAGE REFUND REFUND MATERIALS REFUND TRAVEL /MILEAGE TRANSIT MAINTENANCE SERVS REFUND FUEL ARB DECISION MATERIALS MATERIALS LEADERSHIP TRAINING MATERIALS REFUND TRAVEL /MILEAGE REFUND REFUND MATERIALS MATERIALS PAYROLL REMITTANCE REFUND SERVICES SERVICES MATERIALS REFUND REFUND REFUND REFUND CONTRACT SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND REFUND LEASES AND RENTS LEASES AND RENTS REFUND PETTY CASH PETTY CASH MATERIALS CONSULTING SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS Page 5 of 11 Amount 150.00 424.27 20.00 636.23 846.33 751.60 2,667.39 100.76 4,291.03 20.00 20.00 277.51 129.72 1,294.39 442.46 509.54 203.33 2,839.20 114.92 223.60 1,440.92 20.00 2,700.00 20.00 25.79 200.00 20.00 119.13 57,952.14 508.50 12.66 50.00 74, 011.61 1,086.87 273.08 20.00 20.00 225.41 719.24 85.20 150.00 2,432.33 1,237.35 107.35 621.78 20.00 20.00 750.00 17,518.07 1,251.65 51,741.74 16,900.27 3,188.65 2,929.47 580.16 925.47 705.63 587.60 5,085.00 20.00 20.00 20.00 621.50 621.50 3,048.34 637.77 1,000.00 386.05 4,693.75 12,485.37 2,175.27 991.24 942.42 262.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS,DEREK HILL,MIKE HILLSIDE HOLDINGS INC HODAN INVESTMENT CORPORATION HOLIDAY INN (NIAGARA FALLS) LIMITED HOLLINGSHEAD,SHAWN HOLMAN,GEOFF HOME DEPOT HOLDINGS INC HOTO,ANDREW HUSSEY,SHIRLEY IBI GROUP ICECO ADVANCED ARENA PRODUCTS IMMO 7030 CASEY LTD TRUST INSPEC SOL INC. INSPEC SOL INC. INSPEC SOL INC. INTERNATIONAL SAFETY SYSTEMS INC IOANNONI,CAROLYNN J & B PROCESS SERVING INC J & B PROCESS SERVING INC JACKET CELLAR THE JACKSON,DAVE JACOBI,MARY JAIN,VINOD& JAIN, TRISHIA DEVI JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOHNSON,ERIC JONES,CATHY JUDSON,PATRICIA KAN DU POOLS LTD KAPLE,JEROME KEAYS,DANIEL ROBERT KELLY DIGS LANDSCAPING KLEEN -FLO KLENZOID KONE INC KOSANOVIC,DRAGICA KRONSTEIN,MARK LAKE'S MAINTENANCE LANG MICHENER IN TRUST, LAWRENCE,HEATHER LAWSON PRODUCTS INC LEE,JONG DAE& LEE, YOON HEE LEGGE,DEBORAH LEIDEN'S CONCRETE BURIAL VAULTS LIMITED LEMAY,GERALD LIGHTNING EQUIPMENT SALES LTD LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACGREGOR,BOB MACKESY SMYE LAWYERS IN TRUST MAIURI,TODD MANPOWER MARI -LYNNE EASTLAND MARINE CLEAN LTD MARR,TYLER MARTENS,TOM MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTIE,RONNIE MAVES,DIANE MCCONNELL,LUCILLE MCDONALD,ROB MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC MEDICI,SALVATORE& VERRE, GREGORY MEGA -LAB MANUFACTURING CO. LTD MERIDIAN CREDIT UNION Cheque No. 347534 347401 347535 347259 347260 347261 347746 347536 347747 347262 347748 347263 347749 347751 347403 347538 347753 347404 347333 347265 347405 347754 347539 347755 347756 347757 347266 347540 347541 347758 347759 347760 347761 347406 347267 347268 347407 347762 347763 347542 347269 347543 347544 347765 347766 347545 347767 347409 347271 347410 347547 347769 347555 347274 347554 347548 347272 347411 347770 347698 347771 347773 347772 347549 347412 347774 347775 347413 347776 347550 347273 347777 347778 347779 Cheque Date 13 -Jul -2011 06 -Jul -2011 13 -Jul -2011 29- Jun -2011 29- Jun -2011 29- Jun -2011 20 -Jul -2011 13 -Jul -2011 20 -Jul -2011 29- Jun -2011 20 -Jul -2011 29- Jun -2011 20 -Jul -2011 20 -Jul -2011 06 -Jul -2011 13 -Jul -2011 20 -Jul -2011 06 -Jul -2011 29- Jun -2011 29- Jun -2011 06 -Jul -2011 20 -Jul -2011 13 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 29- Jun -2011 13 -Jul -2011 13 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 06 -Jul -2011 29- Jun -2011 29- Jun -2011 06 -Jul -2011 20 -Jul -2011 20 -Jul -2011 13 -Jul -2011 29- Jun -2011 13 -Jul -2011 13 -Jul -2011 20 -Jul -2011 20 -Jul -2011 13 -Jul -2011 20 -Jul -2011 06 -Jul -2011 29- Jun -2011 06 -Jul -2011 13 -Jul -2011 20 -Jul -2011 13 -Jul -2011 29- Jun -2011 13 -Jul -2011 13 -Jul -2011 29- Jun -2011 06 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 13 -Jul -2011 06 -Jul -2011 20 -Jul -2011 20 -Jul -2011 06 -Jul -2011 20 -Jul -2011 13 -Jul -2011 29- Jun -2011 20 -Jul -2011 20 -Jul -2011 20 -Jul -2011 Purpose WSIB FILE TRAVEL /MILEAGE TRAVEL/MILEAGE REFUND REFUND REFUND REFUND TRAVEL /MILEAGE ARB DECISION TRAVEL /MILEAGE REFUND CONSULTING SERVICES MATERIALS ARB DECISION CONTRACT SERVICES SERVICES SERVICES SERVICES TRAVEL /MILEAGE SERVICES SERVICES MATERIALS TRAVEL /MILEAGE CEMETERY PLOT SELL -BACK TO CI REFUND SERVICES TRAVEL /MILEAGE LEADERSHIP TRAINING TRAVEL /MILEAGE REFUND MATERIALS REFUND REFUND CONTRACT SERVICES MAINTENANCE /REPAIRS MATERIALS LEASES AND RENTS REFUND REFUND MATERIALS 2010 VACANCY REBATE REFUND MATERIALS REFUND REFUND MATERIALS REFUND MATERIALS FUEL FUEL FUEL FUEL MATERIALS MATERIALS MATERIALS GRANT ADMINISTRATIVE TRAVEL/MILEAGE SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE REFUND CONSULTING SERVICES REFUND REFUND REFUND TRAVEL /MILEAGE REFUND CONSULTING SERVICES MATERIALS REFUND MATERIALS REFUND Page 6 of 11 Amount 2,237.40 45.00 45.00 3,641.81 1,683.43 12,283.99 20.00 101.92 43,881.83 43.16 20.00 4,309.37 52.56 1,503.62 587.60 4,683.85 2,235.14 649.75 1,230.58 79.55 175.15 869.13 272.48 1,050.00 6,785.31 271.20 155.90 50.00 104.00 20.00 825.47 20.00 375.17 11,201.36 3,322.20 59.47 556.06 20.00 104.00 257.64 110,819.76 750.00 315.33 2,007.30 453.59 508.50 20.00 362.17 33,596.02 1,781.50 46,071.39 993.39 1,194.93 822.06 138.99 50.00 1,272.60 45.00 634.64 4,124.50 11,444.28 49.82 20.00 704.84 150.00 20.00 104.00 396.50 110.00 180.00 67.80 4,387.69 392.11 1,063.05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name METRO PLUMBING & HEATING METRO PLUMBING & HEATING MEYER,CHRISTEL MG PROMOTIONS MILLER RESTORATION LIMITED MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTAGUE,ROSE MOORE,KENNETH MOORE,KENNETH ROY MOROCCO,JOHN MOROCCO,JOHN MOROCCO,JOHN MOROCCO,JOYCE MORTON,DALE MOSS,HIRRELL MR. AMIR SHENOUDA 2232588 ONTARIO INC. MUNICIPAL RISK SERVICES LTD MUNRO LTD MURAWSKI,CHESTER MURRAY,LAWRENCE MUSSARI,TOM NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NIAGARA 21 ST GROUP IN NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA CHRYSLER DODGE JEEP NIAGARA COMMUNITY NEWSPAPERS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS BADMINTON TENNIS & LAWN BOWLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA FOOD FESTIVAL NIAGARA GLASS LTD NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO 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 PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGIONAL MINOR FOOTBALL ASSOCIATION NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA TOASTMASTERS NIAGARA.COM Cheque No. Cheque Date 347551 13 -Jul -2011 347780 20 -Jul -2011 347552 13 -Jul -2011 347553 13 -JuI -2011 347781 20-Jul-2011 347415 06-Jul-2011 347416 06-Jul-2011 347417 06-Jul-2011 347783 20-Jul-2011 347784 20-Jul-2011 347414 06-Jul-2011 347782 20-Jul-2011 347418 06-Jul-2011 347556 13-Jul-2011 347785 20-Jul-2011 347557 13-Jul-2011 347786 20-Jul-2011 347788 20-Jul-2011 347787 20-Jul-2011 347419 06-Jul-2011 347558 13-Jul-2011 347789 20-Jul-2011 347275 29- Jun -2011 347276 29- Jun -2011 347790 20-Jul-2011 347846 20-Jul-2011 347559 13 -JuI -2011 347560 13 -JuI -2011 347791 20-Jul-2011 347792 20 -JuI -2011 347420 06-Jul-2011 347793 20-Jul-2011 347794 20-Jul-2011 347277 29- Jun -2011 347795 20-Jul-2011 347278 29- Jun -2011 347796 20-Jul-2011 347797 20-Jul-2011 WIRE 30- Jun -2011 347279 29- Jun -2011 347561 13-Jul-2011 347562 13-Jul-2011 347564 13-Jul-2011 347282 29- Jun -2011 347283 29- Jun -2011 347799 20-Jul-2011 347280 29- Jun -2011 347281 29- Jun -2011 347800 20-Jul-2011 347565 13-Jul-2011 347421 06-Jul-2011 347801 20-Jul-2011 347802 20-Jul-2011 347284 29- Jun -2011 347567 13-Jul-2011 347568 13-Jul-2011 347285 29- Jun -2011 347803 20-Jul-2011 347286 29- Jun -2011 347287 29- Jun -2011 347422 06-Jul-2011 347570 13-Jul-2011 347571 13-Jul-2011 347805 20-Jul-2011 347806 20-Jul-2011 347572 13-Jul-2011 347569 13-Jul-2011 347573 13-Jul-2011 347807 20-Jul-2011 347808 20-Jul-2011 347809 20-Jul-2011 347810 20-Jul-2011 347288 29- Jun -2011 347798 20-Jul-2011 Purpose CONTRACT SERVICES CONTRACT SERVICES TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES SERVICES SERVICES TRAVEL /MILEAGE REFUND REFUND REFUND TRAVEL /MILEAGE PETTY CASH TRAVEL /MILEAGE TRAVEL /MILEAGE REFUND REFUND REFUND MATERIALS MATERIALS REFUND REFUND TRAVEL /MILEAGE CONSULTING SERVICES REFUND MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS TAX LEVY FEE FOR SERVICE MATERIALS ADVERTISING ADMINISTRATIVE DONATION GRANT GRANT CONTRACT SERVICES GRANT GRANT GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE FEE FOR SERVICE ADMINISTRATIVE MATERIALS SERVICES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES MATERIALS GRANT SERVICES SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS ADVERTISING MEMBERSHIP SERVICES Page 7 of 11 Amount 15,594.00 15,594.00 45.00 918.42 152.55 500.00 3,702.21 62,516.33 61,314.83 3,722.91 2,396.78 2,398.35 409.75 481.84 1,748.09 110.76 20.00 5,546.14 10,300.95 236.00 178.22 177.32 800.10 228.89 20.00 2,000.00 144.48 9,879.60 20.00 150.00 446.15 282.50 21,620.86 223.74 1,209.02 2,983.79 5,874.58 268.21 3,456,200.22 33,202.33 103.83 1,808.00 22, 322.75 50.00 2,250.00 4,000.00 37,711 .83 38,550.00 3,420.00 360.00 6,973.58 6,946.65 7,088.56 30,000.00 1,085.50 146.90 301.00 85.56 15,408.18 8,696.40 10,277.67 4,036.01 35,165.45 3,198.18 2,576.43 60.36 350.00 50.00 50.00 151.42 4,591.53 1,042.03 330.00 13.56 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NORTRAX NORTRAX NORTRAX NORTRAX OAKWOOD PLACE SHOPPING CENTRE INC. OLIVIER,JOHN OMERS OMERS OMERS OMERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD PAGENET OF CANADA INC PALMER,WENDALL PAONE,GAETANO PAPETTI,LARRY& PAPETTI, TRACY PARK TERRACE DEVELOPMENT CORP PAUL N. KROWCHUK IN TRUST PEAK TECHNOLOGIES ULC PEC ROOF MAINTENANCE PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PERFORMANCE CARS PERRI,JOE PERROTTA,ROSINA PINDER,MARGO PORTAGE BAKERY INC. PORTER,GAIL PRATA,GUY PRAXAIR PRAXAIR PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PROVINCIAL MAINTENANCE PUBLIC SECTOR DIGEST PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAG RENTALS LIMITED RAIMONDO & ASSOCIATES ARCHITECTS INC RAINBOW GREENHOUSES LTD RANKIN CONSTRUCTION INC RAVEN,BONNIE RAWSTHORNE,WAYNE STEPHEN RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RENNIE,GEORGE RESEARCH & PRODUCTIVITY COUNCIL RESORTS INTERNATIONAL (NIAGARA) INC RG TRAINING RESOURCES RICHARDSON,MARK RICK RICHARDSON RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIGG MOONEY MONUMENTS ROBBINS,JANE Cheque No. Cheque Date 347289 29- Jun -2011 347423 06 -Jul -2011 347574 13 -Jul -2011 347811 20 -Jul -2011 347812 20 -Jul -2011 347813 20 -Jul -2011 347575 13 -Jul -2011 347576 13 -Jul -2011 347814 20 -Jul -2011 347815 20 -Jul -2011 347816 20 -Jul -2011 347424 06 -Jul -2011 347425 06 -Jul -2011 347577 13 -Jul -2011 347290 29- Jun -2011 347578 13 -Jul -2011 347817 20 -Jul -2011 347764 20 -Jul -2011 347579 13 -Jul -2011 347580 13 -Jul -2011 347292 29- Jun -2011 347819 20 -Jul -2011 347291 29- Jun -2011 347818 20 -Jul -2011 347293 29- Jun -2011 347581 13 -Jul -2011 347821 20 -Jul -2011 347820 20 -Jul -2011 347822 20 -Jul -2011 347294 29- Jun -2011 347426 06 -Jul -2011 347823 20 -Jul -2011 347296 29- Jun -2011 347427 06 -Jul -2011 347297 29- Jun -2011 347298 29- Jun -2011 347824 20 -Jul -2011 347299 29- Jun -2011 347825 20 -Jul -2011 347428 06 -Jul -2011 347300 29- Jun -2011 347582 13 -Jul -2011 347301 29- Jun -2011 347583 13 -Jul -2011 347429 06 -Jul -2011 347584 13 -Jul -2011 347302 29- Jun -2011 347585 13 -Jul -2011 347826 20 -Jul -2011 347827 20 -Jul -2011 347828 20 -Jul -2011 347586 13 -Jul -2011 347587 13 -Jul -2011 347829 20 -Jul -2011 347430 06 -Jul -2011 347303 29- Jun -2011 347588 13 -Jul -2011 347431 06 -Jul -2011 347830 20 -Jul -2011 WIRE 14 -Jul -2011 WIRE 15 -Jul -2011 WIRE 24- Jun -2011 WIRE 27- Jun -2011 WIRE 30- Jun -2011 WIRE 30- Jun -2011 347832 20 -Jul -2011 347834 20 -Jul -2011 347833 20 -Jul -2011 347432 06 -Jul -2011 347433 06 -Jul -2011 347835 20 -Jul -2011 347304 29- Jun -2011 347434 06 -Jul -2011 347836 20 -Jul -2011 Purpose MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE CONSULTING SERVICES SERVICES GRANT REFUND REFUND REFUND REFUND MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MAINTENANCE /REPAIRS REFUND REFUND TRAVEL /MILEAGE MATERIALS TRAVEL /MILEAGE TRAVEL /MILEAGE MATERIALS MATERIALS GRANT CONTRACT SERVICES MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS SERVICES SERVICES COURIER COURIER MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES MATERIALS MATERIALS REFUND REFUND REMITTANCE ADMINISTRATIVE PAYROLL REMITTANCE PAYROLL REMITTANCE DEBENTURES DEVELOPMENT CHARGES A -M -J APRIL WATER DEBT 77 -2002 MAY WATER DEBT 73 -2010 REFUND CONSULTING SERVICES REFUND MATERIALS TRAVEL /MILEAGE SERVICES CONSULTING SERVICES MATERIALS REFUND Page 8 of 11 Amount 30.42 2,214.53 1,532.41 229.83 4,679.74 12.50 484,696.35 25,758.04 25,954.00 484,551.48 75.00 339.00 16.89 1,000.00 350.60 750.00 2,006.70 678.49 1,228.03 1,295.68 113.00 169.50 100.00 370.00 84.75 84.75 192.10 114.11 454.19 2,550.00 403.39 120.75 120.00 102.96 44.72 629.10 919.17 24,866.67 5,250.00 384.20 32,552.22 17,215.55 17.25 23.00 29.10 14.55 1,391.25 139.53 242.05 3,596.38 6,088.64 63.25 3,062.58 20.00 750.00 1,480.66 875.75 480,139.71 457,804.13 1,903,636.62 725, 722.72 1,853,043.69 362,466.25 1,915,016.33 399, 385.93 20.00 282.50 4,683.30 33.79 284.78 250.00 1,411.82 180.80 20.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ROBBINS,RICHARD ROBERTO,IRENE ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC ROQUE ROOFING INC ROSA,DAVID ROYAL BANK OF CANADA ROYAL ENVELOPE LTD SAFETY -KLEEN CANADA INC. SANDERSON,JEAN SANI GEAR FIRE SANI GEAR FIRE SCARINIGI DESCHATELETS,LINDA SCOTT,CHRIS SCOTT,JOANNE SCOZZAFAVA,SAM SEARLE,NANCY& SEARLE, DONALD SEAWAY FLUID POWER GROUP SERVICEMASTER CLEAN OF NIAGARA SF PARTNERS INC SHARIFOV,ETIBAR& SHARIFOV, SARA SHERMETTA,MARLENE SHERWIN WILLIAMS SHERWIN WILLIAMS SHIHORA,DHANRAJ V& SHIHORA, ILAKUMARI D SHORTHILLS TREE SERVICE INC SIGNATURE SIGNS SIGNATURE SIGNS SILCOM CANADA INC SIMPLISTIC LINES INC SIMPLISTIC LINES INC SKOWRONEK,PETER SMITH,LEE SNYDER,BILL SOFT SIGNS INFLATABLE ADVERTISING INC SPENCER,MATT ST CATHARINES NEW HOLLAND LTD ST JOHN AMBULANCE ST JOHN AMBULANCE STAMFORD LIONS CLUB INC STANLEY INDUSTRIAL PLACE STICCA,JAMES STITCH IT CANADA'S TAILOR STOLL,MICHAEL R& STOLL, JOAN E STORAGE NIAGARA STORAGE NIAGARA STUART,DAVE STUART,DAVE SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUN LIFE INSURANCE SUN MEDIA CORPORATION 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 PROPANE INC SUPREME OFFICE PRODUCTS SUTIC,ALEX SUTPHEN CORPORATION SUTPHEN CORPORATION T & T DRY CLEANERS & TAILORS TALK WIRELESS INC TAYLORS WATER SERVICE TD CANADA TRUST TD CANADA TRUST TD CANANDA TRUST TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY Cheque No. Cheque Date 347837 20 -Jul -2011 347435 06 -Jul -2011 347305 29- Jun -2011 347590 13 -Jul -2011 347838 20 -Jul -2011 347839 20 -Jul -2011 347306 29- Jun -2011 347307 29- Jun -2011 347591 13 -Jul -2011 347436 06 -Jul -2011 347592 13 -Jul -2011 347308 29- Jun -2011 347840 20 -Jul -2011 347593 13 -Jul -2011 347594 13 -JuI -2011 347841 20-Jul-2011 347842 20-Jul-2011 347844 20-Jul-2011 347843 20-Jul-2011 347595 13-Jul-2011 347437 06-Jul-2011 347309 29- Jun -2011 347847 20-Jul-2011 347310 29- Jun -2011 347848 20-Jul-2011 347311 29- Jun -2011 347438 06-Jul-2011 347596 13-Jul-2011 347849 20-Jul-2011 347850 20-Jul-2011 347439 06-Jul-2011 347851 20-Jul-2011 347440 06-Jul-2011 347312 29- Jun -2011 347852 20-Jul-2011 347853 20-Jul-2011 347597 13-Jul-2011 347598 13-Jul-2011 347315 29- Jun -2011 347599 13-Jul-2011 347854 20-Jul-2011 347855 20-Jul-2011 347441 06-Jul-2011 347442 06-Jul-2011 347856 20-Jul-2011 347443 06-Jul-2011 347600 13 -Jul -2011 347444 06-Jul-2011 347445 06-Jul-2011 347447 06-Jul-2011 347857 20-Jul-2011 WIRE 30- Jun -2011 347858 20-Jul-2011 347295 29- Jun -2011 347316 29- Jun -2011 347446 06-Jul-2011 347601 13-Jul-2011 347448 06-Jul-2011 347860 20-Jul-2011 347859 20-Jul-2011 347861 20-Jul-2011 347862 20-Jul-2011 US DRAFT 15 -JuI -2011 US DRAFT 21- Jun -2011 347871 20-Jul-2011 347863 20-Jul-2011 347317 29- Jun -2011 347603 13-Jul-2011 347864 20-Jul-2011 347318 29- Jun -2011 347319 29- Jun -2011 347604 13-Jul-2011 347606 13-Jul-2011 347865 20-Jul-2011 Purpose REFUND REFUND MATERIALS SERVICES SERVICES CONTRACT SERVICES REFUND REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND REFUND REFUND REFUND REFUND MATERIALS SERVICES REFUND REFUND REFUND MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND PETTY CASH REFUND MATERIALS REFUND MATERIALS FEE FOR SERVICE ADMINISTRATIVE GRANT REFUND TRAVEL /MILEAGE SERVICES REFUND SERVICES SERVICES PETTY CASH TRAVEL /MILEAGE REMITTANCE REMITTANCE JULY PREMIUMS ADVERTISING FUEL FUEL FUEL FUEL MATERIALS MATERIALS FUEL MATERIALS TRAVEL /MILEAGE PARTS PARTS SERVICES MATERIALS SERVICES REFUND REFUND REFUND SERVICES SERVICES SERVICES SERVICES Page 9 of 11 Amount 20.00 56.92 1,900.84 1,043.43 1,552.23 98,310.00 540.60 1,065.58 80.84 3,375.29 750.00 240.41 96.75 1,427.63 129.94 20.00 20.00 3,376.43 179.85 197.75 9,300.75 444.22 20.00 137.38 472.22 619.00 9,040.00 1,017.90 259.90 104,741.07 19,568.96 3,263.28 150.00 248.89 20.00 1,301.60 135.59 1,688.23 2,491.67 200.00 6,000.00 5,172.72 29.50 505.28 1,018.86 192.10 370.08 569.21 52.50 1,508.08 1,311.66 308,032.28 52.76 2,274.99 94,204.83 47,779.22 29,689.47 163.00 283.75 110.76 75.90 141.22 354.74 281.00 133.34 508.50 60.00 751.46 543.92 157.28 103.93 124.27 796.65 4,961.77 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TELUS MOBILITY TERANET INC TESKEY,BERNADETTE THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THOROLD STONE COMMERCIAL PROPERTIES LTD TIM HORTONS STORE #30 TOROMONT TOTH,STEVE TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSPORTATION SAFETY TRAINING TRENDLE,BEN TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UNITED RENTALS UNITED WAY UNITED WAY UPPER CANADA CONSULTANTS URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VAIL,TIM VALLEY BLADES LIMITED VANDEN BUSSCHE IRRIGATION VECCHIO,VINCENZO& VECCHIO, TERESA VECTOR TOOLING WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER INDUSTRIES NIAGARA WASTE SYSTEMS LIMITED WALSH,JOHN WALSH,MARIA WARMAN,THOMAS WARREN,DEBBIE WARRINER,LESLIE WASHINGTON MILLS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WHAN,HOWARD WHEELER,SUE W INDJACK,J IM WINDSOR,KEVIN WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD Cheque No. Cheque Date 347605 13 -JuI -2011 347607 13 -JuI -2011 347866 20-Jul-2011 347449 06-Jul-2011 347589 13-Jul-2011 347831 20-Jul-2011 347608 13-Jul-2011 347867 20-Jul-2011 347868 20-Jul-2011 347320 29- Jun -2011 347869 20-Jul-2011 347450 06-Jul-2011 347609 13-Jul-2011 347321 29- Jun -2011 347451 06-Jul-2011 347610 13 -JuI -2011 347870 20-Jul-2011 347322 29- Jun -2011 347452 06-Jul-2011 347611 13-Jul-2011 347453 06-Jul-2011 347873 20-Jul-2011 347454 06-Jul-2011 347872 20-Jul-2011 347874 20-Jul-2011 347323 29- Jun -2011 347455 06-Jul-2011 347612 13-Jul-2011 347457 06-Jul-2011 347615 13 -JuI -201 1 347876 20-Jul-2011 347324 29- Jun -2011 347456 06-Jul-2011 347613 13-Jul-2011 347875 20-Jul-2011 347614 13 -JuI -2011 347877 20-Jul-2011 347617 13-Jul-2011 347878 20-Jul-2011 347458 06-Jul-2011 347616 13-Jul-2011 347879 20-Jul-2011 347880 20-Jul-2011 347881 20-Jul-2011 347618 13-Jul-2011 347883 20-Jul-2011 347882 20-Jul-2011 347459 06-Jul-2011 347619 13-Jul-2011 347620 13-Jul-2011 347621 13-Jul-2011 347884 20-Jul-2011 347885 20-Jul-2011 347886 20-Jul-2011 347887 20-Jul-2011 347325 29- Jun -2011 347326 29- Jun -2011 347460 06-Jul-2011 347622 13-Jul-2011 347327 29- Jun -2011 347328 29- Jun -2011 347402 06-Jul-2011 347752 20-Jul-2011 347329 29- Jun -2011 347330 29- Jun -2011 347461 06-Jul-2011 347623 13-Jul-2011 347624 13-Jul-2011 347888 20-Jul-2011 347889 20-Jul-2011 347331 29- Jun -2011 347890 20-Jul-2011 347462 06-Jul-2011 347625 13-Jul-2011 Purpose SERVICES SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES ADVERTISING SUBSCRIPTION REFUND MATERIALS MATERIALS TRAVEL /MILEAGE TRAVEL /MILEAGE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE TRAVEL /MILEAGE MATERIALS TRAVEL/MILEAGE MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS REFUND MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS REFUND TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEL /MILEAGE CONTRACT SERVICES FEE FOR SERVICE MATERIALS MATERIALS GRANT CONSULTING SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE REMITTANCE PAYROLL REMITTANCE PETTY CASH PETTY CASH MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS Page 10 of 11 Amount 8,069.26 10,000.00 20.00 33.90 2,109.61 100.00 11,007.58 611.00 699.16 322.07 5,753.83 139.50 253.76 5,827.41 280.46 357.37 39.40 1,898.40 45.00 648.17 79.04 383.84 565.50 1,127.00 9,841.06 3,559.50 7,442.18 113,565.00 1,779.75 3,220.50 3,672.08 45.00 807.50 493.30 1,265.27 146.90 217.59 123.17 43.39 1,532.76 807.56 730.43 20.00 20.00 150.00 20.00 20.00 6,081.26 993.63 4,446.46 518.67 20.00 71.76 366.60 16.64 65.00 14,214.29 4,637.90 913.04 1,612.50 1,500.00 135.59 150.00 81.85 29,452.80 1,372.45 20,644.91 759.41 4,031.47 763.65 666.83 527.63 313.58 525.45 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 11 of 11 Vendor Name Cheque No. Cheque Date Purpose Amount YELLOW PAGES GROUP 347891 20 -Jul -2011 ADVERTISING 113.28 YMCA 347463 06 -Jul -2011 MATERIALS 4,043.81 YMCA 347626 13 -Jul -2011 MATERIALS 114.60 YMCA OF NIAGARA 347627 13 -Jul -2011 GRANT 324.00 YWCA 347332 29- Jun -2011 GRANT 4,277.75 ZAMBONI COMPANY LTD 347628 13 -Jul -2011 MATERIALS 4,095.73 ZAMBONI COMPANY LTD 347892 20 -Jul -2011 MATERIALS 5,648.72 ZHENG,JIAN WEI 347893 20 -Jul -2011 REFUND 342.39 Total 23,805,195.59 NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources SUBJECT: HR- 2011 -05 Benefits Renewal Sun Life Assurance Company of Canada RECOMMENDATION: HR- 2011 -05 August 15, 2011 That Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental and, Long Term Disability for the period of September 1, 2011 to August 31, 2012. EXECUTIVE SUMMARY: In June 2011, The City of Niagara Falls received Sun Life's renewal rate proposal for employee benefits (CUPE, Fire and Non - Union), Following negotiations with the carrier, the recommended annual premium increase is approximately $98,000 or 2.9 %. As the new premium takes effect in September, the impact of the new pricing is $32,700. The goal of setting the new premium rates is to ensure that the premiums are sufficient to prevent any deficit or surplus in the year's operations in claims activity. This year's premium changes can be attributed to standard industry inflation trends and moderate increases to extended health care coverage. Otherwise, the experience rated benefits of Health Care and Dental performed close to target and near the break -even position. Due to the marketing of the plan in 2010, the Life and Disability rates have been guaranteed and will not change with this year's renewal. Notwithstanding, these benefits require standard industry inflation trend adjustments for 2010. In addition, the plan did experience some benefit enhancements attributable to changes to the Fire collective agreement. A comprehensive market review on benefits was conducted in 2010 by BHH Benefits on behalf of the City of Niagara Falls. This resulted in the decision to retain Sun Life as the incumbent carrier for CUPE, Fire and Non -Union staff. August 15, 2011 CITY'S STRATEGIC COMMITMENT The proposed increase appears to be within industry norms and trends and consistent with Council's strategic priority to monitor costs and improve the efficiency within the organization. A market review conducted in 2010 has confirmed the competitiveness of the City benefit plan. ANALYSIS /RATIONALE The increase is consistent with industry norms and within the City's budget parameters for 2011. Following last year's premium adjustment of 6.4 %, this year's smaller increase appears to be within reason. The historical claims experience of the plan continues to trend well and near or at break -even positions. FINANCIAL / STAFFING IMPLICATIONS In the 2011 budget, the City has budgeted a total of $9,024,919 for all employee benefits, inclusive of government benefits such as CPP, El, etc. A price increase for the Sun Life renewal was factored into the 2011 budget. The actual costs incurred in a year are dependant upon a number of factors which will not be known until the end of the year. It is expected that the budget amount is sufficient to cover the proposed price increase but should the actual expenditures for the year be greater than expected, adequate reserves exist to fund any variances. Recommended by: Respectfully submitted: - 2 - HR 2011 -05 Trent Dark, Director of Human Resources Todd Harri on, Director of Finance Ken Toad, Chief Administrative Officer IS- 2011 -03 Niagaraaalls August 15, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Information Systems SUBJECT: IS- 2011 -03 Digital Photocopiers RECOMMENDATION 1. That Council approve the leasing and servicing of 16 new photocopiers for all City Departments for Canon Photocopiers from Beatties Basics for a period of five years at an annual estimated cost of $69,833.40. EXECUTIVE SUMMARY The City's current lease agreement for photocopiers will expire on August 22, 2011. The City, through the Supply & Services Section, issued a Request for Proposal (RFP) for new photocopiers to meet the Corporation's need for copying, scanning & printing. Upon an evaluation of the proposal submissions, the highest scored company for the supply of photocopiers was Beatties Basics, who have supplied photocopiers to the City successfully for the past several years. BACKGROUND The Corporation leases photocopiers instead of purchasing them due to the high capital costs associated with purchasing them. The typical lease period is for five years. Associated with the annual leasing costs are full service, repairs and toner as set out in the service agreements. ANALYSIS All local photocopier companies were invited to participate in the RFP process. Seven (7) proposal submissions were received. Of the seven companies that submitted proposals, two were deemed non - compliant. The remaining five submissions were subjected to a thorough review based upon the evaluation criteria stated in the RFP (price, suitability, experience, response times and value added services). Beatties Basics scored the highest. The photocopiers offered by Beatties Basics are the latest Canon machines and will meet the needs of the City for connected copying, scanning and printing. FINANCIAL /STAFFING /LEGAL IMPLICATIONS August 5, 2011 - 2 - IS- 2011 -03 The costs for photocopying have been approved in the 2011 budget by City Council. There are no staffing or legal implications. CITY'S STRATEGIC COMMITMENT The acquisition of photocopiers with the optimum digital technologies is in keeping with the City's Strategic Priority for Organizational Effectiveness and Efficiency by increasing the reliability of connectivity to meet the City's critical operating capabilities. Recommended by: Approved by: Respectfully submitted: DE /SN /RM /DI Steve Morris, Director of Information Systems Todd Hanson, D ector of Finance Ken T dd, Chief Administrative Officer Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -29 2011 Asphalt Overlay Program Tender Award - Contract #2011 -03 MW- 2011 -29 August 15, 2011 1. That City Council award the tender for the 2011 Asphalt Overlay Program to Brennan Paving Ltd. at the tendered price of $818,357. 2. That Council direct staff to expand the 2011 Overlay Program to include additional work on Brian Crescent and Oakwood Drive. 3. That Council direct staff to proceed with an experimental asphalt program utilizing recycled asphalt on Longhurst and Elberta Avenue. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The price received for this tender is very favourable and is Tess than the amount identified in the 2011 Capital Budget. This is a positive outcome that allows staff to address additional roads requiring asphalt improvements. Staff recommend that additional section of roads be completed. In addition, staff recommend that Council authorize the expansion of experimental program using recycled asphalt. The additional work can be completed within the approved budget. The Asphalt Overlay Program is derived from the City's pavement management system which evaluates each road section based on its structural condition (shape), ride condition (smoothness) and surface distress (cracking and potholes). The condition rating is helpful in determining which sections should be resurfaced and which require reconstruction. Annual asphalt overlay contracts are called to provide timely maintenance to prolong the life of the roadway and postpone the higher cost of reconstruction. Also included in the program is the application of the top coat of asphalt on those road sections that were completed as part a Capital project last year. The opportunity to perform additional work within the approved budget is a positive outcome of the tender. The lowest tender was received from Brennan Paving Ltd. in the amount of $818,357. This contractor has previously performed similar type projects forthe City. We are of the opinion that this contractor is capable of successfully undertaking this project. The contract value is below the approved budget allocation for this project. August 15, 2011 - 2 - MW- 2011 -29 BACKGROUND The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Wednesday, August 3, 2011 at 1:30 p.m. for the above noted contracts. Tender documents were picked up by five contractors and four bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors: 1. Brennan Paving Ltd $ 818,357.00 2. Rankin Construction Ltd. $ 854,450.00 3. Circle P Paving $ 885,848.00 4. Norjohn Contracting & Paving $ 910,212.00 ANALYSIS AND RATIONALE Asphalt Overlay The candidate road sections selected for this year's program are listed below and shown graphically on the attached maps. Tara Ave. - Preakness to Trackview Aintree Dr. - Paddock Trail (full length) Kentucky Ct. - Aintree (full length) McGowen Ct. - Aintree (full length) Epsom Ct. - Paddock Trail (full length) Parkside Dr. - Through Hydro Corridor St.Michael Ave. - Through Hydro Corridor Alex /Crimson Dr. - McLeod to Drummond Watson St. - Montrose to Beaverdams Sharon Ave. - McLeod to Ann Sinnicks Ave. - Thorold Stone to Coholan The tendered amount is Tess than the estimate included in the 2011 Capital Budget. The favourable tender price will allow additional work to be completed. Municipal Works' staff recommends extending the scope of this year's program to include the following additional roads: Oakwood Drive - (McLeod Road to Montrose Road) Brian Crescent - (Complete length Harvard Avenue to Harvard Avenue Recycled Asphalt Test In an ongoing effort to extend the useful life of the road system, staff have sought alternatives to the asphalt patching program. In this regard, staff have been examining the feasibility of implementing test areas under the Road Rehabilitation Progam using recycled materials. The objective is to find a combination of materials that produce an acceptable finished product at a reduced cost and reduced impact on the environment. Staff have identified two problem road sections that are excellent candidates for this test. City Staff view this as an opportunity to implement a less expensive solution for deteriorated roads that have future underground infrastructure work. The goal would be to improve the ride quality, drainage, reduce maintenance cost, claims and the construction August 15, 2011 - 3 - MW- 2011 -29 cost over a traditional asphalt overlay. This work would be used to bridge the gap between the present day and the start of the underground infrastructure work essentially buying time or deferring a larger Capital investment. Recycled asphalt is a heavily promoted "best practice" in the Province. Recently, test patches have been used throughout the City with considerable success which have prompted staff to sample larger scale applications. Utilizing recycled materials has many benefits to the environment. They divert materials away from the landfill, they reduce the dependancy on virgin aggregates, reduce the dependancy on oil (Asphaltic Cement, AC) which are subject to frequent price fluctuations. They also reduce the amount of green house gases produced. These gases are reduced on the production side, mining aggregates and drilling for oil, producing hot mix asphalt, but also on the construction side by using less AC in the production of the materials. This work will be used as a pilot project to see how these materials perform under real conditions. Each step of the process will be documented so improvements can be made each year. Given the current number of deteriorating roads that require underground infrastructure work and the challenges faced with budgeting each year, this program may prove to be beneficial in the up coming years. This initiative is consistent with Council's Strategic Priority to achieve a sustainable infrastructure investment plan. The test areas considered for this program include: • Longhurst Ave. - Thorold Stone Road to Sheldon St. • Elberta Ave. - Thorold Stone Road to Sheldon St. FINANCIAL IMPLICATIONS The project is scheduled to commence August 22, 2011 and all work is to carry through until completion. The work identified in the tendered price as well as the added work can be funded from the approved 2011 Capital Budget. The overlay contract has a contingency allowance to allow for fluctuations in the market price for asphaltic cement. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with the Council's strategic priority to achieve the goal of infrastructure sustain ability. LIST OF ATTACHMENTS 1. 2011 Asphalt Overlay of Roads (3 maps) Recommended by: Approved by: Chris Anders /Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer S. \1. Capital and Currant Projects, \2011 Contracts 2011-03 ASPHALT OVERLAYIDesign \2011 -03 Overlay Locaaons. O,vg N P CA I SBOROUI MARKS 1 z ST. JAMES AV7 . c3 0 CO W 0 ST. PETER AVE. m ORLANDO DR. n v PANAMA T. < SINNICKS AVE. t ST. )Y DR / / v ! > > ,- p o O Q O 1. I . S w .�i M PERKINS O 9 C � O APPROVED DIRECTOR OF MUNICIPAL WORKS DATE y%jf '// MUNICIPAL WORKS Niagara/Ms SCALE N.T.S. DATE 07/18/2011 2011 Asphalt Overlay of Roads FILE. NO. 2011 -03 MAP 1 Ovp'sinertsO 1 Aelian0 f.0'1 IOT\uBi \AV1213A011VHASV £0'L LOT\s1DeJ I LOT\sIDalOJA luaLLmo pue leLideG' l\ S ir . • ,- Irk► 1 OC ,i Z i . 0 ri il o 6 sq v D 0 1 0 r,, : EAVERDAMS RO r � , L LI w ' 1 . o 0 ..... op . ce �A • Y i III 1110 I , l' eU y ® we �•, M LUN LAN 1111 allir 111 RIDEAU ST. 6 ALFRED ST _ � Y TAD sr- NE$iNU00 ST. 205 3 � 1 PL I< 1 Y u U p h © O - -_ UPPER rc u < • D o Ah o :. To: Y I LYNNURST OR. � } I I ELD CANADA ■ KENSINGTON CT. U RECENT ST. .• eI ' 4 • ES ST. : - Q � O Ii s NEIKOCP uI u o COVENTRY (,/ - cll. r i DEVON DR. `1 .. ~ r - Z D ' Z U F m i K 2 r � a m 3 KELLY DR. H MCLEO ROAD a O ow i APPROVED SCALE MUNICIPAL WORKS N.T.S. Ia$arS1 P11 .f . DATE 07/18/2011 2011 Asphalt Overlay of Roads FILE. NO. 2011 -03 MAP 2 DIRECTOR OF MUNICIPAL WORKS DATE __ _ S.11. Capital and Current ProlectsL2011 Contracts \2011 -03 ASPHALT OVERLAY10esign \2011 -03 Overlay Lacatlons.RW9 vi � U W d BROOKFIELD COACH DR. AINSLIE ORES. 0 MCNILLAN DR. HAROVICS LA. II (1) W DUNN ST. A MUR AY L rn ' In a j a a o ® U �• ' "- J � CORMAN CRES. / -'-� I U J vi • DIXON ST. _ti W ((. \ \.11 e E. U \l / W / /7r ><-, Q < < Q C • U J O ST, THOMAS 4 u+ MORE DR DUNN ST. w U C� LEAWO.. < WS TOBY CRES. GT. a m ARGYL CRES. 0 • ,c MARGARE Fy ' � a SUN c0!<iyS CRES. ES v, u a 3 MARGARET BONNIE ST. CENTENNIAL ST, --Ear a DouGL ON R E WINSTON ST. CONCH'. CRES - a 0 2 U a . > a COOPER DR. �' a z u Qa p C R E S � O ( �' C,p E S a ATLEE ST. c , 4� 87. HIL lit CHURCL ST. 5 P SKINNER ST. WHITMAN AVE. ARAD ST. a �P J < e"" pmay o a CADH AM ST. OR wi N > j HENNEPIN CRES. MN R a x 0 3 ANN ST. E$ 1 • U J 9 9 'QT O SUNHAVEN DR. VENUS CRES JILL DR, l HAWKINS ST. HAWKINS WENDY OR. = > a N a ; < ~ a CHARLOTTE Z Z ST x a �' O a T. LEOD OTH DR. 5 �4, C#' v .o vI LLAGE . AN w u n CRES Z ] > 0 a 6 ROAD 1 , F+ LAKEWOOD CRES. 9 S, OEERBRO �� 04. y0 YF,S C, 0.P WILDROSE CRES. HEMLOCK ST. VALIANT ST. Z JILL DR. W BARBARA DR HELSEA C w FERN AVE. <a F U SUNRISE CT, OLDFIELD RO. 3 o a � m JJBILEE W v DR. P iril.' , �O APPROVED �a,. MUNICIPAL WORKS Niagara/W/ s SCALE N.T.S. DATE 07/18/2011 2011 Asphalt Overlay of Roads DIRECTOR OF MUNICIPAL WORKS DATE FILE. NO. 2011 -03 MAP 3 Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That the City of Niagara Falls award the contract for the Sidewalk and Concrete Repair and New Sidewalk Construction programs to Alfidome Construction Ltd. at a tender price of $ 592,774; and, 2. That Council authorize staff to utilize the use of the Sidewalk Construction Reserve Fund and the Capital Holding Reserve (Roads) to fund the additional scope identified in the tender. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -31 August 15, 2011 MW- 2011 -31 2011 Sidewalk and Concrete Repair - Contract #2011 -02 2011 New Sidewalk Construction - Contract #2011 - 248 -11 Tender Award The City has a significant inventory of sidewalks throughout the municipality. The City has responsibility to repair or replace damaged surfaces, as well as provide new sidewalks. Staff have identified a backlog of areas which require additional work. The scope of work in the tender issue was established to catch up on various locations, throughout the city. The returned tender pricing exceeds the approved budgets, however, reserves for these specific purposes are available. The Sidewalk Repair and New Sidewalk programs are completed each year with the goal of improving the sidewalk network within the City of Niagara Falls. Sidewalk repairs are typically funded from the Operating Budget while new sidewalk installations are funded from the Capital Budget. For convenience and economies of scale, these programs have been tendered as two contracts but awarded to one bidder. The lowest tender for was received from Alfidome Construction Ltd. in the amount of $592,774.00 This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking these projects. August 15, 2011 BACKGROUND Sidewalk Replacement Program: - 2 - MW- 2011 -31 Municipal Works staff inspect the City's sidewalks in order to identify hazards are put on work lists to make them safe. These hazards include cracked, missing panels and panels that might have settled or heaved creating a trip and fall risk. Before these sections are permanently repaired, staff use temporary measures such as grinding, patching and ramping to make these areas safe. There comes a point where these temporary measures are no longer viable and the panels must be replaced. As streets are completed, new ones are added to the list. Where possible permanent repairs are coordinated with other Capital Works required in that area. The goal of this program is to reach a point where hazards identified each year are repaired the following year under the Sidewalk and Concrete Repair contract. This will reduce the time and cost associated with performing temporary measures year after year, until a permanent fix is completed. The City is currently completing repairs that were identified two or three years previously. In 2010 the minimum maintenance standards were changed and the City must now inspect the entire City each year and respond to hazards on sidewalks within fourteen (14) working days of recording the hazard. This is done by painting the hazard and returning within a month to complete either temporary or permanent repairs. This has significantly increased the amount of inspection work and the number of repairs that must be completed by staff. Current staff resources will not allow the necessary works to be completed in- house. Completing the additional work proposed in the 2011 Sidewalk Replacement Program will bring the City closer to achieving the intended goal. This will reduce the cost of performing temporary measures as this work will not be performed over several years. This will also improve the sidewalk network throughout the City, reducing the number of claims received. It is for the above noted reasons that the scope of work has been increased to eliminate these hazards. Completion of this work will mean all streets identified as needing work have been completed for inspections done up to 2009. New Sidewalk Program: The purpose of the New Sidewalk contract is to fill in missing links in the sidewalk network. These links are evaluated based on their location and the surrounding land uses such as schools, senior facilities, businesses etc. The section that was selected for 2011 was Homewood Avenue from Morrison Street to Valley Way. The City received a letter from the school (attached) requesting that this section of sidewalk be constructed as it is heavily travelled by students walking to Valley Way Public School. The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Wednesday, August 3, 2011 at 1:30 p.m. for the above noted contract. The contract tender documents were picked up by seven contractors and four bids were received. August 15, 2011 Listed below is a summary of the totalled tender prices, excluding HST, received from the Contractors: 1. Alfidome Construction Ltd. $592,774.00 2. Sacco Construction Ltd. $605,459.00 3. Steed & Evans Ltd. $670,735.00 4. Fortese Concrete $683,881.00 FINANCIAL IMPLICATIONS As indicated, the sidewalk replacement and rehabilitation program is an ongoing requirement for staff. The scope of work outlined in the tender is an attempt by staff to meet the backlog of work relating to sidewalk rehabilitation. Staff believes that the scope of work in the tender should not be deferred. The cost of work is greater than the amount approved both in operating and capital. To complete the scope of work, staff recommend the use of two reserves. Firstly, the Sidewalk Reserve Fund of $344,195. This reserve was established many years ago for the sole purpose of the repair and rehabilitation of sidewalks. The balance of the work, not currently funded of $107,701, be funded from Capital Holding Reserves (Roads). The purpose of this reserve is to offset unexpected expenditures arising during road and sidewalk construction projects. There is adequate reserves to cover the amount identified. The chart below summarizes the findings of the proposed tender: Tendered Amount $592,774 Capital Funding Available 125000 Operating Funding Available 16600 Required Funding 451774 Sidewalk Construction Reserve Fund 344073 Capital Holding Reserve (Roads) 107701 CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's strategic priority to examine opportunities to achieve a sustainable infrastructure investment plan. LIST OF ATTACHMENTS - 3 - MW- 2011 -31 $0 1. Location Map - New Sidewalk 2. Location Map - 2011 Sidewalk and Concrete Repair 2. Letter from Valley Way Public School, dated February 11, 2011. August 15, 2011 - 4 - Recommended by: Approved by: Chris Anders /Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW- 2011 -31 CITY OF NIAGARA FALLS MUNICIPAL WORKS 2011 NEW SIDEWALK HOMEWOOD AVENUE Niagara SCALE N.T.S. REVISION DATE 2011 -07 -14 DWG. NO. Jul 14. 2011 1:27pm — ke229 \ iagaraJaI(s 2011 Sidewalk and Concrete Repair e t) THORNHILL CR • FREEMAN S y q APOLLO CR fetp =� o z CROPP ST rn O DA`NSON S vP�\,cs I r is 420 HY CR - sILLAN DR v 0 n x S > ✓ G1 m z a xi < v THOROLD STONE RD 4 LUNDY'S IN MCLEOD RD CULP ST TAYLOR ST OLDFIELD RD S�. i D / i rnn i i 1 t ✓ o G rn r • • • 0 \� r cr QA CHIVC °. Repair Location 1:NTS ce u K: \GIS_Requests \2011 \Custom\ Internal \Mun Works \SidewalkRepair_Tender. map August 2011 Principal: T. Vetrecin February 11, 2011 Mr. Geoff Holman, Director of Municipal Works City of Niagara Falls Thank you, T. Vetrecin Principal, Valley Way Public School 905 356 6611 z A VALLEY WAY SCHOOL 5315 Valley Way, Niagara Falls, ON L2E 1X5 I am writing this letter to request the construction of a sidewalk on the east side of Homewood between Valley Way and Morrison Street. This sidewalk would eliminate the need for students at Valley Way School to cross Homewood during peak traffic times (beginning and ending of the school day when there are two buses plus staff and parent vehicles) . Also, once they reach Morrison Street, there is a crossing guard to assist them. Furthermore, the construction of this sidewalk would eliminate foot traffic in the school parking lot during these two peak periods and therefore reduce the chances of someone being hit by a moving vehicle. Your consideration of this matter is appreciated. Please contact me if you require additional information. c.c. Heather Kyle, Niagara Student Transportation Services I DISTRICT SCHOOL BOARD OF NIAGARA Achieving Success Together Telephone: 905 - 356 -6611 ' Fax: 905 -356 -1772 n, r J ' 1 FEB 1 4 01� L i s ,,,; 1 ENGINEER"' ��,,b NiagarapaIls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That the tender from Stevensville Lawn Service Inc. (2821 Stevensville Road, Stevensville ON. LOS 150) for the Patrick Cummings Memorial Sports Complex, Park Development East project in the amount of $191,805.00 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. That City Council receive for information the sole sourcing of clay infield maintenance works at five (5) baseball diamonds to Mar -Co Clay Products Inc.(RR #3 Bright ON. NOL 1B0) in the amount of $39,063.00 (excluding HST). EXECUTIVE SUMMARY Mayor James M. Diodati and Members of the Committee of the Whole City of Niagara Falls, Ontario Municipal Works MW- 2011 -32 Contract #2011 - 245 -11 Patrick Cummings Memorial Sports Complex, Park Development East MW- 2011 -32 August 15, 2011 This contract is necessary to construct accessible paved pathways and handicap accessible parking spots within the eastern half of the park. In addition supporting amenities are also planned including fencing, trees and seating areas. All work is in accordance with the Patrick Cummings Memorial Sports Complex masterplan and the project location is illustrated on Attachment #1. Staff are recommending Contract # 2011- 245 -11 Patrick Cummings Memorial Sports Complex, Park Development East be awarded to the low bidder, Stevensville Lawn Service Inc. The contract value is within budget forecasts. Clay infield maintenance works are necessary to ensure the playability of baseball diamonds through varying weather conditions. Mar -Co Clay Products is the only known supplier /installer of a specialized clay mix that is suitable for the baseball diamonds at Patrick Cummings Memorial Sports Complex. The sole- source award of this work by City Staff conforms to the City of Niagara Falls Supply and Services Policy. August 15, 2011 - 2 - MW- 2011 -32 BACKGROUND The park improvement project at the Patrick Cummings Memorial Sports Complex received funding through the Recreation Infrastructure Canada (RInC) and Ontario Recreation (Ontario REC) programs. The project is generally comprised of: a play area, a washroom building, shade structures, parking lot improvements, new pathways, basketball court, a natural multi -use sports field, a natural soccer field, site electrical upgrades, and sport field lighting on two fields. Park improvement work commenced September 2009. Work to date includes; a high voltage underground ductbank (Q46- 2009), an electrical service building (Q56- 2009), baseball field lighting systems (PRC- 2009 -34, TR14- 2009), a washroom building (PRC- 2010-06, TR05- 2010), pathway and parking lot lighting system (Q30- 2010), stormwater drainage system (MW- 2010 -18, TR08 -2010) and sports fields construction (MW- 2010 -43, TR09- 2010.) Response to the needs of user groups, Parks maintenance staff (in 2009) undertook maintenance upgrades of one (1) baseball diamond at Patrick Cummings Memorial Sports Complex to address drainage issues and improve playability. This work was sole- sourced to Mar -Co Clay Products Inc. as they are the only supplier /installer of suitable baseball diamond infield material. The results of this work were well received by the user groups. To correct the outstanding drainage issues and improve playability on the remaining five (5) baseball diamonds City staff have once again sole- sourced contracted with Mar -Co Clay Products Inc for the amount of $39,063.00 (excluding HST). This company continues to be the only known supplier /installer of suitable clay infield material for the existing baseball diamonds at Patrick Cummings Memorial Sports Complex. Work will commence this month for completion prior to the Provincial slo -pitch tournaments commencing the weekend of August 26, 2011 and carrying through each weekend in September 2011. ANALYSIS /RATIONALE A tender call was issued on July 19, 2011 for the Patrick Cummings Memorial Sports Complex, Park Development East with the closing on August 2, 2011. Six (6) bidders responded to the call as listed on Attachment #2. Staff completed a thorough review of each bid and found the bid submitted by Stevensville Lawn Service Inc. for the amount of $191,805.00 (excluding HST) was the lowest bid and met all necessary requirements. FINANCIAL /STAFFING /LEGAL The project was approved in the 2011 Capital Budget. The expenditure in the tender was identified in the budget sheet included in the approved Capital Budget. The project is funded. At the present time there are no revisions to the budget expenditures or funding sources. This tender represents one part of the overall project and further expenditures will be made. The tendered price is within original forecasts. There are no staffing implications with this project. August 15, 2011 CITY'S STRATEGIC COMMITMENT - 3 - MW- 2011 -32 Implementation of this project meets the intent of Council's Strategic Priorities. Promoting awareness and opportunities for active living by: • LIST OF ATTACHMENTS 1. Patrick Cummings Memorial Sports Complex - Project Location Plan 2. Tender Summary Recommended by: Respectfully submitted: DA Continuing to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts, and Culture. Providing accessible recreation facilities and green space for Niagara Falls residents. Geoff Holman, Director of Municipal Works Ken odd, Chief Administrative Officer FIRM TENDER PRICE CORRECTED BID Provincial Construction Inc. Phone: 905 -356 -3769 4382 Montrose Road Fax: 905 -356 -5899 Niagara Falls, ON L2H 1K2 Centennial Infrastructure (Niagara) Inc. Phone: 905- 708 -0123 353 Townline Road Fax: 905- 708 -0155 Niagara -on- the -Lake, ON LOS 1JO Stevensville Lawn Services Inc. Phone: 905- 382 -3536 2821 Stevensville Road Fax: 905 -382 -3580 $191,805.00 Stevensville, ON LOS 1S0 CRL Campbell Construction Phone: 905- 899 -3494 11575 Burnaby Road Fax: 905- 899 -3303 $305,604.00 Wainfleet, ON LOS 1 VO Circle P. Paving Phone: 905 -382 -2464 1994 Stevensville Road Fax: 905- 382 -2960 $266,056.00 Stevensville, ON LOS 1 SO Norjohn Contracting & Paving Ltd. Phone: 905 - 371 -0809 9101 Brown Road Fax: 905- 371 -9724 $314,801.61 Niagara Falls, Ontario L2E 6S5 Touchstone Site Contractors Inc. Phone: 905- 685 -3864 650 Allanburg Road Fax: 905- 685 -9975 $249,735.00 Thorold, Ontario L2V IA8 Peninsula Construction Inc. Phone: 905 - 892 -2661 650 Allanburg Road Fax: 905- 892 -4692 $267,535.86 Thorold, Ontario L2V 1A8 ATTACHMENT #2 _ _ _ ___ _ " 7 - iy: . . 7 -* • gang-ti - 11s DATE: August 2, 2011 CONTRACT TIME: 1:15 p.m. CITY OF NIAGARA FALLS TENDER SUMMARY CONTRACT #2011- 245 -11 Patrick Cummings Memorial Sports Complex Park Development East S I Capital and Current Projects 2011 Contracts'2011 -245 -11 Patrick Cummings Memorial Sports Complex' Tender Results. wpd ENGINEER'S ESTIMATE: TENDER DEPOSIT: ADDENDUMS ISSUED: REPORT #MW- 2011 -32 S270,000.00 S15,000.00 z J a z O U O J F- U W 0 a w J a 0 U 0) H 1 O cn J 0 W C7 Z U U_ ce WIG A949110T1NA 3A1110 ABH0f1011IM NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That Council award the contract to Lovett Signs to complete the enhanced signage for the Eastern and Western Gateways of Downtown with an upset cost of $90,000 plus taxes subject to the signing of the corresponding contract agreement. 2. That Council authorize the Mayor and Clerk to sign the contract agreement. EXECUTIVE SUMMARY Municipal Works and Planning staff have worked together with Purchasing staff in preparing the Request for Proposal for the enhanced signage at the Eastern and Western Gateways of Downtown. A mandatory pre -bid meeting was held on Tuesday, July 12, 2011 and the bids were submitted on Monday, July 25, 2011. The Beautification Committee and staff recommend that Lovett Signs be selected to prepare the enhanced signage as per their proposal of $90,000 plus taxes. BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -33 RFP #P40 -2011 Queen Street Gateway Signage MW- 2011 -33 August 15, 2011 The enhanced signage at the gateways has long been desired by the Downtown BIA in an effort to encourage more automobile traffic into the Downtown. The Downtown Beautification Committee, comprising of BIA Board Members, as well as local business owners, also feels that signage at the gateways would attract more visitors into the Downtown area. In response to this, City staff worked together with the Downtown Beautification Committee on a Request for Proposals for enhanced signage. Submissions for the enhanced signage were reviewed based on an evaluation matrix including such criteria as attraction value, creativity and quality of the project. The Beautification Committee met on Thursday, July 28, 2011 and supported the proposal by Lovett Signs (see Appendix 1), subject to minor modifications such as colour of the concrete wall. The design of the signage included large lifestyle action photos that can be interchanged in accordance with the seasons. The sign company will be required to sign a contract with the City and ensure all requirements as outlined in the RFP are satisfied. August 15, 2011 - 2 - MW- 2011 -33 FINANCIAL IMPLICATIONS The budget is available to carry out the enhanced signage project. The upset limit contained in the RFP was $120,000. CITY'S STRATEGIC COMMITMENT The approval of the signage enhancements for the Eastern and Western Gateways will satisfy Council's priority by promoting economic development and revitalization in the Downtown. LIST OF ATTACHMENTS ► Appendix 1 - Proposed Gateway Sign Enhancement by Lovett Signs Recommended by: Recommended by: Respectfully submitted: B.Bolibruck Attach. Geoff Holman, Director of Municipal Works / n Todd, Chief Administrative Officer S: \PDR \2011 \MW - 2011 -33, RFP for Signage for Downtown Gateways.wpd Alex Herlovitch, Director of Planning, Building & Development August 15, 2011 - 3 - APPENDIX 1 MW- 2011 -33 Niagaraaq Its REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -36 Tender - Waterloo Drive Dorchester Road to Rolling Acres Drive Sanitary and Storm Sewer Relining MW- 2011 -36 August 15, 2011 1. The contract be awarded to Alfidome Construction Ltd. at the tendered price of $597,020.50. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. The consulting firm of AECOM Canada Ltd. was retained in 2009 (MW- 2009 -82) to complete the design and prepare the contract documents for the proposed sanitary and storm sewer relining on Waterloo Drive from Dorchester Road to Rolling Acres Drive. This project was warranted due to the pipe failures and weak sub -grade conditions resulting in increased maintenance requirements. Tenders for this contract were opened on Wednesday, July 13, 2011 and the lowest bid of $597,020.50 received from Alfidome Construction Ltd. is being recommended for acceptance. This project was part of the approved 2011 Capital Budget. Over the last few years, Waterloo Drive was recognized by staff to have an abnormal number of road settlements resulting in numerous rehabilitations by our Operations Division. In order to rectify the road and sewer conditions it was recommended by AECOM to repair the sewer systems through the use of a sewer liner while the sections around the existing settled manholes should be replaced. This relining process will repair the numerous open pipe joints and structural cracking which resulted in groundwater infiltration and sewer settlements. Sewer relining with cured -in -place pipe (CIPP) is a form of trenchless technology used to cut costs, reduce traffic disruption and create less damage to the environment. The advantages of trenchless technology versus open -cut excavation are described further on the attached document. The Tender Opening Committee, in the presence of the City Clerk's representative Bill Matson, opened tenders on Wednesday, July 13, 2011 at 1:30 p.m. for the above noted contract. August 15, 2011 Tender documents were picked up by eight (8) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). 1. Alfidome Construction Niagara Falls $ 597,020.50 2. Demar Construction Niagara Falls $ 705,126.75 *Incomplete Bid - Missed Item 3. Centennial Construction Niagara -on -the Lake $ 757,585.00 *Incomplete Bid - Missed Item ANALYSIS /RATIONALE The lowest tender was received from Alfidome Construction Inc. in the amount of $597,020.50. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The timing of the tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within forty working days of construction start. FINANCIAL IMPLICATIONS This project was included in the City's approved Capital Budget for 2011. There is adequate funding available for the tender amount. 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 2. Trenchless Technology Information Sheet Recommended by: Respectfully submitted: Chuck McLeod - 2 - MW- 2011 -36 Geoff Holman, Director of Municipal Works K n Todd, Chief Administrative Officer WE In /111111111 ;, ; .r umminummiram IIIMEI. "Sr gPr' v . 1: A Aid 1 suumilil ¶ t11111111111I1111i1 sio . , ,11� ,�IIIIIIIi111 =mow ■!. . ti lilt � mom u1111 a.) 0 f6 U c O0 . N a) c U (r, N O 0 U a) 0 0 (a > ra U N CU U 4- N O 0 . C E w 0 Q. L N u_ ro Q) E c E (a O W Op 00 C C •— = v c I— C 0. +� - U i1 L C O C c �a C C U 0 N � O v 0 N L Q) OA cla 0 N U 'a Q) N Y 0 Q) N O Q N v Q C E E 0 u a) L as N a) L_ 0 4- O .n 0 4- s 0 QJ 2 E E Q) (0 Q) Q 0. a) (0 CU 0 (a C (0 c Q) E O a) a) .0 0) Q) O L 4- a) v 00 z (0 E (a to N 4. N • aa)) a) a) 0. Q . Q F- no v v O D •— (0 c E . N L Q = L ._ C O 0 0. m • - a C7 0 a) L Q. c U I- F- (0 0) a) 0A a) t O N 0) U a) • Q) > C 0 U • L a) a) L 0 7 O Q (0 0) N 0 N (o U z N U 0 0. H 0 U T 0.0 0 L/ 0) N a) L.) a) 9- O O v v 0) L 0) 1 — T 4.• c (0 v w OA (71 a) (0 U 0 c u Q) 0 c aJ Q 0 4— O (11 0 V U _0 a ) (a U N a) 00 0 0 C t U Q) Y+ N a) U C aJ C 0 • N N E Q) O U a) 4- (o 0) L Q) L 4— C 0 c • 0 0 C 0 U 0 0.0 C 0 O O C a) 4- 0 c (0 E 0.0 C U (0 O c ra a) N_ O C L O 0.0 E • E /77 NiagaraJca1ls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That Staff be directed to proceed with the necessary 20 year term Lease Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association (S.C.V.F.A.), for the required development of a leash free dog park at Stamford Centre Volunteer Firemen's Association's park. 2. That the Mayor and Clerk be authorized to execute the Lease Agreement. EXECUTIVE SUMMARY Further to approved Report R &C- 2011 -01 (January 17, 2011) Council has since approved the Leash Free Dog Park Project in the 2011 Capital Budget. Upon approval of the project, staff has been diligently working with the S.C.V.F.A. and a local community -based group `Friends of Niagara Falls Leash Free Dog Park' to finalize the size, location and design for this dog park. Leash free dog parks are located in many communities throughout Canada. A dog park is designed for the exclusive use of dog owners to provide a place to share a common interest, to socialize and exercise while engaged in their favourite activity. The City of Niagara Falls is committed to providing its residents with a range of recreation facilities and opportunities to improve health and quality of life. A dog park provides the opportunity for anyone to exercise their dog properly and enjoy the proven health benefits of pet ownership. BACKGROUND • • • • • • Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works separate areas for small and large dogs accessible to wheelchairs and mobility devices completely fenced with a double gated entrance signage for rules, regulations, and by -laws benches and seating opportunities shade trees and access to the existing park pavilion waste containers and dog bag dispenser units MW- 2011 -38 August 15, 2011 MW- 2011 -38 Leash Free Dog Park Lease Agreement with the Stamford Centre Volunteer Firemen's Association (S.C.V.F.A.) As identified in the City of Niagara Falls, Strategic Plan for the Provision of Parks, Recreation, Arts & Culture, Section Four, Facilities & Parks Development Strategy states the need for a leash -free dog park. Design features for the park includes the following: August 15, 2011 ANALYSIS /RATIONALE FINANCIAL /STAFFING /LEGAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT - 2 - MW- 2011 -38 The need for a leash -free dog park has been identified by the community and in the Parks, Recreation Arts & Culture's Strategic Plan. City staff continues to receive telephone calls and e -mails from residents requesting the development of a public leash -free dog park. Staff has researched other municipal leash free dog parks to determine design features, location criteria and estimated costs to implement a leash free park. A leash -free dog park within Firemen's Park would allow dogs to safely run within a designated area. The proposed location of a leash -free dog park at Firemen's Park adheres to standard criteria to establish an off leash dog park: minimal impact to existing the neighbourhood; significant open space for the dogs; exclusive use of the space for dogs not shared with other users; compatible with park's design, established users, features and components; availability of parking, washrooms and potable water access. Staff has presented the concept of a leash free dog park to the S.C.V.F.A. Executive. The S.C.V.F.A. cannot provide the funding for the park but has agreed to license the required land to the City for the dog park. The legal agreement would be similar to the existing legal agreement for the City playground area (attached for Council's reference is a copy of the `Draft' Agreement'.) City Council has approved this project in the 2011 Capital Budget. The budget for the Leash Free Dog Park Development is $95,000. The proposed Friends of Niagara Falls Leash -Free Dog Park will assist with ongoing fund raising for the park. Working with the City, the group plans to promote opportunities for park sponsorship and to undertake special events to raise funds for future improvements to the park. Regular maintenance of the proposed off leash facility will be the responsibility of Parks operations. Waste receptacles will need to be emptied, replenish the supply of dog waste bags, collect any garbage and grass cutting. Annual maintenance costs are estimated to be $3,500.00 per year. Maintenance includes a three - person crew cutting the grass every two weeks, garbage and litter clean up, and replenishing of the dog dispenser bags. The need for a leash -free dog park is listed in the facility action plan section of the City of Niagara Falls, Strategic Plan for Provision of Parks, Recreation, Arts & Culture. Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. August 15, 2011 LIST OF ATTACHMENTS - 3 - MW- 2011 -38 1 `Draft' Legal Agreement for the Leash Free Dog Park with the S.C.V.F.A. 2. Leash Free Dog Park Location Map Recommended by: Respectfully submitted: GH /KM /JC /st Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer 8 31f103H3S THIS INDENTURE made this 15` day of August, 2011. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990. BETWEEN: THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION, also known as STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Hereinafter referred to as the "Lessor" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessee" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Lessor owns certain lands in the City of Niagara Falls, municipally known as Firemen's Park and more particularly described in Schedule "A" attached hereto ( "Lessor's Lands "); AND WHEREAS the Lessee is desirous of leasing a portion of the Lessor's Lands, as more particularly described in Schedule "B" attached hereto ("Demised Area "), for the purpose of a Leash free dog park ( "Dog Park "); AND WHEREAS a Site Plan of the Demised Area is attached hereto as Schedule "C "; PREMISES, TERM AND RENTAL: 1.01 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee the "Demised Area ". 1.02 TO HAVE AND TO HOLD the Demised Area for and during the term of 20 years to be computed from the 1St day of September, 2011 (the "Lease Commencement Day ") and from thenceforth next ensuing and fully to be complete and ended on the 31 day of August, 2031. 1.03 YIELDING AND PAYING therefor during the said term unto the Lessor, its successors and assigns without deduction or offset, the annual sum of TWO DOLLARS ($2.00), -2- payable in advance on the Lease Commencement Day and on each anniversary of the Lease Commencement Day. 1.04 PROVIDED THAT the Lessee duly and regularly and punctually pays the rent and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Lease Agreement, the Lessor shall, upon the written request of the Lessee given to the Lessor not more than six (6) months and not less than three (3) months prior to the expiration of the original term of this Lease Agreement grant to the Lessee, a renewal of this Lease Agreement for a further term of 10 years on the same terms and conditions, save and except for any further renewals, which shall be negotiated reasonably by the parties hereto. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges, licence fees and Harmonized Sales Tax (HST) which may be assessed or imposed on the Lessee in respect of the rents, personal property, fixtures, business or income of the Lessee. (c) To pay all realty, municipal, school and local improvement taxes which may be assessed against the Demised Area. (d) To keep the Demised Area and every part thereof in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. (e) To use the Demised Area for the purposes only of a Dog Park. (f) To undertake grass cutting, trimming and edging on the Demised Area in accordance with the Lessee's regular grass cutting, trimming and edging schedule for City parks. ( g) To apply, on an annual basis, a suitable dust suppressant substance upon the gravel surfaced parking area used in conjunction with the Dog Park and located on the Lessor's Lands. (h) To construct and maintain all works within the Demised Area required for drainage of surface water including, connections to storm and sanitary sewers, relocation of pipes, drains, catch basins and other works that may be required for the proper drainage of the Dog Park. (i) (1) -3- To maintain, keep and repair, at the standard of a reasonable owner, all of the Demised Area and every part thereof. AND if the Lessee shall fail to make the necessary repairs in the manner hereinbefore described, after due notice, then it shall be lawful for the Lessor and its agents, servants and employees to enter the said Demised Area and have the same repaired in a proper manner and to render a reasonable account for such repairs to the Lessee and the Lessor shall have the same remedies to enforce payment thereof as the Lessor has in respect of arrears of rent. (i) To abide by and comply with all lawful statutes, by -laws, rules and regulations of every parliamentary, municipal or other authority which in any manner relates to or affects the Demised Area by reason of the tenancy of the Lessee; and to put the said premises in such state of repair as to comply with the said statutes, by -laws, rules and regulations and to indemnify and save harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conform with any such statute, by -laws, rules or regulations by reason of the tenancy of the Lessee. (k) To ensure that nothing is done or kept at or on the Demised Area which is or may be a nuisance, or which causes damage or interference with normal usage of any adjoining property, provided that the use referred to in paragraph 2.01(e) hereof and the vehicles, supplies and equipment necessarily incidental thereto, shall not be deemed to be. in and of themselves, a nuisance. That upon termination of the tenancy, at its own risk and expense, to remove from the Demised Area, within 60 days, any fixtures and chattels belonging to the Lessee, with all damage, if any, caused by such removal made good by the Lessee and to leave the Demised Area neat, clean, level and free of all waste material, debris and rubbish. (m) To provide, maintain and keep in force for and during the term, public liability and property damage insurance in the name of the Lessee in respect of the Demised Area and the Lessee's operation thereon, with a limit of not less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to it; such policy to include the Lessor as an additional insured. Such Certificate shall contain an endorsement indicating that the insurer agrees to provide at least thirty (30) days prior written notice by registered mail to the Lessor in the event of cancellation, change or lapse of such policy. 2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised Area without the consent of the Lessor in writing first had and obtained, which consent not to be unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee from the responsibility -4- of observing and performing the covenants herein contained including the payment of rent for the whole of the term of the within Lease. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. ALTERATIONS AND IMPROVEMENTS: 4.01 The Lessee shall be permitted to construct and erect, at its sole cost and expense, fencing upon the Demised Area and to landscape the Demised Area in accordance with the Site Plan attached hereto as Schedule "C ". 4.02 The Lessee accepts the Demised Area in the condition existing at the Lease Commencement Date and shall be responsible for the cost of any grading, fencing or other alteration or improvements required in order to prepare the Demised Area for the purpose set out in paragraph 2.01(e). 4.03 If the alteration or improvements as contemplated pursuant to paragraphs 4.01 and 4.02 above necessitates the removal of any tree(s) on the Demised Area, the Lessee agrees to replace or replant, at its sole cost and expense, any and all such tree(s) in a suitable alternate location on the Demised Area with a tree(s) of a similar type and species as the removed tree(s). 4.04 The Lessee agrees not to make any leasehold improvements or changes to the Demised Area without the Lessor's prior written consent. 4.05 It is understood and agreed between the Lessor and the Lessee that the Demised Area shall be a municipal park and any person, persons or organization whatsoever shall be permitted to use same as a municipal park and the Demised Area shall be governed by the policies of the City's Municipal Works Department for municipal parks and recreational facilities in force from time to time. 4.06 The parties acknowledge and agree that the use of the Demised Area shall be mutually beneficial to both parties and both parties shall do all things necessary to cooperate in this regard. INSPECTION BY LESSOR: 5.01 And it shall be lawful for the Lessor or its agents at all reasonable times during the said term to enter the said Demised Area to examine the condition thereof; and should the Lessor find that any repairs are necessary in accordance with the terms herein, the Lessor shall give written notice to the Lessee specifying the repairs required to be done, and the Lessee shall with reasonable promptitude after such notice well and sufficiently repair and make good accordingly, reasonable wear and tear -5- and damage by fire, lighting and tempest only excepted. Should the Lessee however, refuse or neglect to make the repairs as aforesaid, the Lessee shall be liable to pay the cost thereof to the Lessor upon demand. If the Lessee shall default in any payment or expenditure other than rent required to be paid or expended by the Lessee under the terms hereof, the Lessor may at its option make such payment or expenditure and in such event the amount shall be payable by the Lessee to the Lessor on the next accruing rent day together with interest at the rate of 10% per annum from the date of such payment or expenditure by the Lessor and on default the Lessor shall have the same remedies as on default of payment of rent. RE- ENTRY: 6.01 PROVISO FOR RE -ENTRY for non - payment of rent and /or non - performance of covenants, subject to the provisions of the Lease. (a) If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for 60 days or shall fail to perform any of the covenants, conditions and agreements contained and shall allow any such default to continue for 60 days, then the Lessor may take possession of the Demised Area herein described and this Lease Agreement shall be terminated. (b) In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 7.01 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein. The Lessee further agrees that it has inspected the Demised Area prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as of the commencement of this Lease. 8.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is on the Demised Area, unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible, and against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or non - performance by the Lessee of any covenants, term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. NOTICE: and if intended for the Lessee, to: GENERAL: Telephone: (905) 371 -2099 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 -6- 9.01 If the Lessee shall fail to perform any of the covenants or obligations of the Lessee under or in respect of this Lease, the Lessor may from time to time, in its discretion, perform or cause to be performed any of such covenants or obligations, or any part thereof, and for such purpose may do such things as may be requisite, including, without limiting the generality of the foregoing, the right to enter upon the Demised Area or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by the Lessor on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 10.01 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to: The Stamford Centre Volunteer Firemen's Association 2275 Dorchester Road, R.R. #1 Niagara Falls, Ontario L2E 6S4 The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party, three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 11.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 12.01 Words importing the singular number only shall include the plural and vice- versa, and words -7- importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations and vice - versa. 13.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. 14.01 Time shall be of the essence, save as otherwise provided herein. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION, also known as STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Per: Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk -8- SCHEDULE "A" Part of Stamford Township Lots 6, 15, 26 and Part of the Road Allowance between Stamford Township Lots 15 and 26, being Part 1 on 59R -2933, except Parts 3 and 4 on 59R -3274, in the City of Niagara Falls. -9- SCHEDULE "B" REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning Building & Development PD -2001 -49 Proposed Transfer of CIP Reserves and Summary of Financial Incentive Applications PD- 2011 -49 NiagaraJalls August 15, 2011 That Council support the transfer of $50,000 from the City Wide Brownfield Reserve to the Historic Drummondville CIP Reserve to fund approved CIP Applications in 2011. A Special Purpose Reserve for the Historic Drummondville CIP was established from unspent program money from 2007 and 2008. As requested by the Main & Ferry BIA, and approved by Council, an amount of $319,000 has been set aside for the redevelopment of the Sylvia Place Market. A small amount of funds remained in the reserve for applications that have recently been approved. Unfortunately, there are no funds remaining in the reserve and staff is reluctant to accept any further applications. Planning staff continue to receive inquires from landowners who wish to carry out improvements to their commercial properties within the Historic Drummondville CIP area. There are funds available within the City Wide Brownfield Reserve of $553,000. It is staff's recommendation that $50,000 be transferred from the City Wide Brownfield Reserve into the Historic Drummondville CIP Reserve to enable staff to continue to process applications in 2011. The City's 2010 or 2011 budget did not include funds for the Historic Drummondville CIP financial incentive programs and there are no funds remaining in the CIP Reserve. Staff continues to receive inquiries from commercial property owners. Given the ongoing streetscape improvements in Historic Drummondville, there continues to be interest in revitalizing the buildings. In considering possible options, the City Wide Brownfield Reserve currently contains an amount of $553,000. It is proposed that $50,000 of this reserve be transferred to the Historic Drummondville Reserve and that the funds be used for approved CIP applications in 2011. The balance of funds in the Brownfield Reserve are needed to deal with Brownfield applications. Since 2006, the City has received three Environmental Study Grant Applications and one Rehabilitation Grant Application. It is believed that $50,000 can be transferred from this reserve without jeopardizing the monies necessary to support the approved Rehabilitation Grant Application. August 15, 2011 A summary of CIP applications that have been approved by Council is attached as Appendix 1. The figures show that more than $3 million has been spent within the Downtown and Historic Drummondville CIP areas on facade and commercial building improvements. In addition to improvements to the underground services and streetscaping along Main Street and Ferry Street, there are other improvements being made with the Niagara Falls History Museum Expansion and planned improvements to Sylvia Place Market. In order to maintain the momentum of improvements, it would be desirable to have some funds available to process CIP applications. Staff wish Council to consider the transfer of $50,000 of CIP Reserve funds from the City Wide Brownfield Reserve to the Historic Drummondville CIP Reserve. FINANCIAL IMPLICATIONS The transfer of $50,000 from the City Wide Brownfield Reserve to the Historic Drummondville CIP Reserve will facilitate additional grants being available for applicants in the Main and Ferry area for the balance of this fiscal year. However, once these funds are used, funding for future grants will need to be considered in the 2012 General Purpose Budget. CITY'S STRATEGIC COMMITMENT The transfer of reserve funds will satisfy Council's strategic priority by strengthening and promoting economic development within the Historic Drummondville CIP area and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS ► Appendix 1 - Summary of Approved CIP Applications Recommended by: Respectfully submitted: B.Bolibruck Attach. - 2 - PD -2011 -49 Alex Herlovitch, Director of Planning, Building & Development K n Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -49, Transfer of CIP Reserve Funds & Application Summary.wpd Historic Drummondville CIP # of Applications Approved Amount of Grants /Loans Approved Value of Work to be Undertaken Commercial Building & Facade Improvement Grants 25 $338,000 $878,500 Revitalization Grant 2 unknown until reassessment carried out $18,511,000 Residential Loan 2 $605,000 in the total noted above Residential Rehabilitation 1* $8,500 $17,000 Downtown CIP # of Applications Approved Amount of Grants /Loans Approved Value of Work to be Undertaken Commercial Building & Facade Improvement Grants 50 $774,500 $2,366,500 Revitalization Grant 4 unknown until reassessment carried out $5,655,000 Residential Loan 4 $883,200 in the total noted above Brownfields CIP # of Applications Approved Amount of Grants /Loans Approved Value of Work to be Undertaken Environmental Study Grant 3 $30,000 - Rehabilitations Grant 1' unknown until reassessment carried out $17,967,040 August 15, 2011 * * * -3 APPENDIX 1 SUMMARY OF APPROVED CIP APPLICATIONS PD -2011 -49 Residential Rehabilitation Program no longer available. Involves former Tribacher site where a recent proposal has been made for a recycling depot. PD- 2011 -50 Niagara& lls August 15, 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 -50 Commercial Building & Facade Improvement Application CB &FIG- 2011 -005, 4315 -4317 Queen Street Radinka and Nemanja Kuntos RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4315 -4317 Queen Street, subject to the owners satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed facade and commercial building work complies with the City's grant program; the funding will assist in improving the appearance of the building in the Downtown; and the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4315 -4317 Queen Street and is occupied by the Queens Bar and Restaurant. The Queens has been in operation for many years and the owners wish to carry out a number of improvements. The extent of facade improvements include a new building front with a roll up garage door, windows and handicapped accessibility entry. The new front will include a heritage colour stucco facade and new signage. The facade improvements will be approximately $23,000. The applicant will be eligible for a maximum of $10,000 with $5,000 coming from the Niagara Region. The applicants are also requesting a grant under the commercial building component of the incentive programs. The building requires a new roof, replacement of old cast iron pipes, floor joists and updated electrical work. The estimated structural improvements is $18,100. The applicants will be eligible to receive a maximum grant for $9,050 for the structural items. August 15, 2011 The owners will be required to enter into an agreement with the City for the funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. At this time there are sufficient funds in the reserve for this application. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Appendix 2 - Recommended by: Respectfully submitted: B.Bolibruck Attach. - 2 - PD- 2011 -50 Location map of the subject property Rendering of the proposed facade Alex Herlovitch, Director of Planning, Building & Development Ken ►Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -50, CB &FIG - 2011 -005, 4315 -4317 Queen Street Kuntos.wpd August 15, 2011 - 3 - APPENDIX 1 PD-2011-50 August 15, 2011 - 4 - APPENDIX 2 PD- 2011 -50 PD- 2011 -51 Niagara rails August 15, 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 -51 Commercial Building & Facade Improvement Application CB &FIG - 2011 -006, 4663 -4671 Queen Street Zoran Trifkovic (Nautica Cafe) RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4663 -4671 Queen Street, subject to the owners satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed facade and commercial building work complies with the City's grant program; the funding will assist in improving the appearance of the building in the Downtown; and the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4663 -4671 Queen Street and is occupied by the Nautica Cafe and an adjacent Flower Shop. The cafe and flower shop have been in operation for a number of years and the owner wishes to carry out facade improvements to both store fronts and replace the roof. The extent of facade improvements for the cafe include a new roll up garage door, new windows and handicapped accessible entry. The fronts of both the cafe and flower shop will include a heritage colour stucco facade and new signage. The facade improvements will cost approximately $23,000. Based upon the two store fronts, the applicant will be eligible to receive a maximum of 50% or $11,500 with $5,000 coming from the Niagara Region. The applicants are also requesting a grant under the commercial building component of the incentive programs to replace the roof which will cost $19,500.The applicant will be eligible to receive a maximum grant for $9,750 for the new roof. August 15, 2011 - 2 - PD- 2011 -51 The owner will be required to enter into an agreement with the City for the funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. At this time there is sufficient amounts in the reserve to fund this application. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property ► Appendix 2 - Rendering of the proposed facade Recommended by: Respectfully submitted: B.Bolibruck Attach. C,L� Alex Herlovitch, Director of Planning, Building & Development Kell Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -51, CB &FIG - 2011 -006, 4663 -4671 Queen Street Nautica Cafe.wpd August 15, 2011 - 3 - APPENDIX 1 PD-2011-51 i! 111; !1 �� ii� �� H ■ ' IE it 1 t SLITS iN FORMAT ON _' __ uopipwa t;JIM ❑OIBA8 13 ;uo/d pasodo UMW/000N epe,ej .,tl..v eoi ;nary + August 15, 2011 - 4 - APPENDIX 2 PD- 2011 -51 111913N 9NIQII/18 03S0dO44 .L- ,02 1H9l319NIQ1Ir8 9NILSlX3 .2-,95 1H9121 MOONIIM 9NllSIK1 G Q ve NiagaraFalls August 15, 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 -52 Commercial Building & Facade Improvement Grant CB &FIG - 2010 -03 (Revised), 5662 Main Street Nasimal Huq - 1655101 Ontario Inc. RECOMMENDATION PD- 2011 -52 That Council approve the "revised" Commercial Building & Facade Improvement Grant Application for 5662 Main Street subject to the owner satisfying the program requirements including all necessary permits and provided Council approves PD- 2011 -49 in tonight's agenda involving the transfer of reserve funds from the City Wide Brownfield Reserve to the Historic Drummondville Reserve. EXECUTIVE SUMMARY The revised application can be supported provided money is transferred to the Historic Drummondville Reserve because: the proposed commercial building and facade work complies with the City's grant program; and the funding will improve the appearance and structure of the building. BACKGROUND Council approved a Commercial Building and Facade Improvement Grant for the above noted property on August 30, 2010. The proponent wishes to carry out additional improvements that include eligible costs that can be claimed as part of the grant application. The subject property is located at 5662 Main Street within the Historic Drummondville CIP area. The property contains a brick building which is to be used as a medical office on the main floor. The second floor is currently being used as a residential apartment. The original application for facade improvements included new front windows and lighting. They now wish to include a renovated front porch which includes a fully handicapped accessible entrance. The facade improvements will now cost approximately $28,000. The original application was for a facade improvement of $12,000. If approved, the revised application will provide a grant of $10,000 with the Region providing $5,000 . The previous application would have provided a grant for $6,000 with 50% or $3,000 coming from the Region. The results of the revised application is an additional grant for the facade of $2,000 from the City. August 15, 2011 installing a new furnace and air conditioning. The revised application includes plumbing work and structural changes to accommodate a handicapped accessible washroom. The revised cost estimate for the building component is $22,000 and the applicant will be eligible for 50% to a maximum of $10,000. The original grant estimate for the commercial building component was $9,000 with $4,500 coming from the City. With the revised grant application, the City would pay $10,000 or an additional $5,5000. The total increase in grant for the enhanced facade and building component is $7,500. A grant agreement has been signed based on the previous application and approval. If the revised application is approved, staff will take steps to revise the agreement. FINANCIAL IMPLICATIONS There are no funds currently available within the Historic Drummondville Reserve. A report is before Council this evening requesting the transfer of funds from the City Wide Brownfield Reserve to the Historic Drummondville Reserve. If the noted report is approved, there will be money to approve this "revised" grant application. CITY'S STRATEGIC COMMITMENT Provided the funds for the Historic Drummondville Reserve are approved this evening, the approval of the application complies with the City's strategic commitment in implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the revitalization of the Historic Drummondville area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. ► Appendix 2 - Plan showing the proposed facade. Recommended by: Respectfully submitted: B.Bolibruck Attach - 2 - PD- 2011 -52 S \PDR\2011 \PD- 2011 -52 Revised Application CB &FIG - 2011- 002.wpd Alex Herlovitch, Director of Planning, Building & Development Kerb Todd, Chief Administrative Officer August 15, 2011 - 3 - APPENDIX 1 PD- 2011 -52 or mi =a' =mpg � N111■ �•:r � � , �� �� r l_� Mreas MIME MIMI MINIM NNW 1111111111•11 RENA Nam — 7-.1111f3 . 10 MINIM ? AMINO AMINIIM11-1■111.1VIMN •- •111=11011111 -: IMMI,'11 Nem �r ■���� -- E : -.= 11111 - - -- 111111 = s = 11111111/ ii "'�` ■ 11111 1111 i1i ► l 1111 01 FERRY ST asiv III U liplinigain ivoi * 5.. ri;- volo �111Ir - _ Subject Parcel 11 Main /Ferry Community Improvement Area Property Parcel J Road Allowance BUM 10214 s 11111�11t11t�1110 ! L.� - � :11��1 � I1IUUUU it I �11111�1�r ON �I 4 I/ ►III 4 ,1111111 ' tlllllltt�.��i � •• 111.1111y11111 �Illl��; 111111111111 LOCATION MAP 5662 Main Street August 15, 2011 - 4 - APPENDIX 2 PD- 2011 -52 U11IU1111111111 InpIU11Li11111111111111ICINIIIIN email f IIIt1UI1411�111111n 1111 AiI18fl!IUIUA � I f i !!IIAUY111t1 j 1 I np 11111111/11 ui!em _ nnlnnl ! 111 IlyMMI1♦ iii ° rte X1 hi'1µU 4, GaM nf-RoN -t ° EXlhffNa P,rxxM ° FL_Ong - 1 'FL At i a PD- 2011 -53 Niagara,Falls August 15, 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 -53 PLC - 2011 -001, Request for Removal of Part Lot Control Block 119, Plan 59M -379 More Specifically Described as Parts 1 Through 6, Plan 59R -14499 9431 -9455 Hendershot Boulevard Owner: Mountainview Homes RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 119 of Registered Plan 59M -379, as exempt from Part Lot Control. 2. That the owner be given two years to create the new parcels and notify the City when the separate deeds have been registered. EXECUTIVE SUMMARY Mountainview Homes has requested a by -law be passed to exempt the land from being subject to Part Lot Control to allow the transfer of ownership of the six freehold townhouse units currently under construction. The request can be supported based on the following: The approval will permit a deed to be created for each townhouse dwelling unit and permit each property to be sold. The use of this Planning Act mechanism is acceptable in this case and zoning is in place to permit the proposed parcels. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from their lands (Part 1 through 6 of 59R- 14499) located on the north side of Hendershot Boulevard, (see Schedule 1) west of Garner Road and north of Lundy's Lane. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the sale of the six on- street townhouse dwelling units that are under construction. August 15, 2011 - 2 - PD- 2011 -53 ANALYSIS /RATIONALE The subject land is within the Fernwood Phase 2 Plan of Subdivision (59M -379) which was registered on July 7, 2010. The subdivision contains a mix of single- detached dwellings and on- street townhouses. Services have been provided throughout the plan. A Building Permit was issued in April 2011 for the on- street townhouse dwelling on the subject land. The structure foundations and proposed property configurations are shown on the attached reference plan (Schedule 2). The land is zoned Residential Mixed (R3 -829) through Zoning By -law No. 79 -200, as amended. Site specific Zoning By -law No. 2008 -99 applies to the land to regulate the number of parking spaces and number of dwelling units per block. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. A by -law time limit of two years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Reference Plan Recommended by: Respectfully submitted: dc _,Lro en Todd, Chief Administrative Officer D.Deluce Attach. S: \PDR12011 \PD- 2011 -53, PLC - 2011 -001, 9431 -9455 Hendershot Blvd.wpd Alex Herlovitch, Director of Planning, Building & Development August 15, 2011 -3 SCHEDULE 1 PD- 2011 -53 Block 119, Registered Plan 59M -379 9431 -9455 Hendershot Boulevard LUNDY'S LN Location Map August 15, 2011 e aw i I m I 8 -4 SCHEDULE 2 LOT .0 Mb-1 BLOCK o 118 C[. CC- 67 n.om•• • urn • yr h i g T3I I i a PD- 2011 -53 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -55 Updated Site Plan Control By -law City of Niagara Falls RECOMMENDATION PD- 2011 -55 August 15, 2011 That Council pass the By -law included in tonight's agenda, being the City's Site Plan Control By -law and repeal By -laws No. 2001 -103, 2003 -28 and 2004 -152. EXECUTIVE SUMMARY Staff is proposing a new Site Plan Control By -law to replace the current 2001 By -law. The new By -law addresses several issues that made implementing Site Plan Control difficult and will assist in making Site Plan Control in the City more efficient by providing greater clarity for both applicants and City staff. Furthermore, the new By -law will incorporate changes made to the Planning Act in 2006 affecting Site Plan Control (inclusion of the ability to regulate exterior design and the ability to require sustainable design elements). Therefore, Staff recommend Council approve the proposed By -law. BACKGROUND The purpose of Site Plan Control is to regulate the development of a specific site by -law with respect to matters such as grading, landscaping, lighting, stormwater management and site layout. The current Site Plan Control By -law (By -law No. 2001 -193) was adopted in 2001 and amended in 2003 and 2004. The current By -law is difficult to use and contains language that is not clear. Since the last amendment, the Planning Act was amended to provide new powers for municipalities pertaining to Site Plan Control. These new powers include: • the ability to regulate exterior design of a building where there is a directing policy in the municipality's Official Plan and Site Plan Control By -law; and the ability to require sustainable design elements (shrubs, hedges, other ground cover, street furniture and other similar features) on boulevards /municipal right -of- ways where there is a directing policy in the municipality's Official Plan and Site Plan Control By -law. The Planning Act also changed the definition of development to allow for the placement of one classroom portable on the property of a district school board without going through Site Plan Control. This is not reflected in the current By -law. August 15, 2011 - 2 - PD- 2011 -55 The language in the current By -law is not clear. For instance, the current Site Plan Control By -law provides exemption by zone category. However, a property that is zoned a site - specific variation of the zone category, is technically subject to Site Plan Control because it is considered a separate zone. There are more than 900 site specific provisions. Separate exemptions are impractical to implement. Given the difficulties of implementing the current Site Plan Control By -law and the changes to governing legislation, Staff consider it appropriate to replace the By -law with an updated version. ANALYSIS /RATIONALE Changes have been made that address administrative issues with the current By -law. The above noted problem about using zoning categories for the basis of exemptions has been addressed by using land use categories (e.g. commercial, residential, industrial, etc.) as found in paragraph 3 of the proposed By -law. This eliminates the problem of differing zone categories. In addition, the proposed By -law makes it clear that Council or the Committee of Adjustment have the authority to require a use that would otherwise be exempt from Site Plan Control to go through the process as a condition for a Zoning By -law amendment (Council) or a Consent (Committee of Adjustment). Paragraph 4 of the proposed By -law gives Council the authority to impose Site Plan Control and paragraph 5 gives the Committee of Adjustment the authority to impose Site Plan Control. The proposed Site Plan Control By -law incorporates the new definition of development under the Planning Act. The new definition allows for a classroom portable to be placed on the property of a district school board. The proposed Site Plan Control By -law incorporates this new definition in paragraph 1. The proposed Site Plan Control By -law also incorporates the new provisions of the Planning Act dealing with exterior design of buildings and sustainable design elements. Prior to 2006, municipalities could not regulate the exterior design of buildings. The new provisions of the Planning Act allow municipalities to regulate such exterior features such as character, scale, appearance, and sustainable design as it relates to the exterior of a building. Also, municipalities can require an applicant to provide sustainable design elements on any adjoining highway under the municipality's jurisdiction. To take advantage of these powers, a municipality must have appropriate policies in a Site Plan Control By- law and it's Official Plan. Paragraphs 8 and 9 of the proposed By -law pertain to exterior design and sustainable design elements, respectively. The Official Plan already contains corresponding policies for regulating exterior design and requiring sustainable design elements. The Director of Planning, Building and Development has had delegated approval authority since 1996. On occasion, minor changes or modification are necessary, but the only method of addressing these site modifications is a cumbersome site plan amendment process. The proposed By -law addresses this problem by allowing the Director of Planning, Building and Development and his or her delegate to amend an approved site plan drawing or site plan agreement with a redline revision so long as the revision is considered minor. This provides flexibility to make small changes without the need to apply for an amendment to the site plan. Paragraph 13 of the proposed By -law addresses this matter. August 15, 2011 The remaining paragraphs in the proposed By -law are identical to the wording in the 2001 By -law. CITY'S STRATEGIC COMMITMENT Council's priority is to achieve a well planned City. Approval of the new Site Plan Control By -law will assist staff in meeting this strategic priority. Recommended by: Respectfully submitted: D.Deluce S: \PDR\2011 \PD- 2011 -55, Site Plan Control By- law.wpd - 3 - PD- 2011 -55 Alex Herlovitch, Director of Planning, Building & Development Ke Todd, Chief Administrative Officer Niagara August 15, 2011 c+�:�oe 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 -56 Commercial Building & Facade Improvement Grant CB &FIG - 2011 -003, 5932 Main Street Alfredo and Luigi Abbruscato RECOMMENDATION BACKGROUND PD- 2011 -56 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5932 Main Street, subject to the owners satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits, and provided Council approves PD- 2011 -49 in tonight's agenda involving the transfer of reserve funds from the City Wide Brownfield Reserve to the Historic Drummondville Reserve. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed facade work complies with the City's grant program; and the funding will assist in improving the appearance of an older building along Main Street. The subject property is located within the Historic Drummondville CIP Project Area. The main floor of the building has been the home of Fred and Louie's Barbershop for almost forty years. The second floor is used as an apartment. The application before Council is to request funds for improvements to the front facade. The extent of work includes a refurbished canopy and front stucco. The applicants also have requested assistance in carrying out new asphalt for the side driveway. However, the CIP program does not provide assistance for asphalt work. The CIP Program does however provide assistance to carry out the canopy and front stucco work. The facade improvement costs are estimated to be slightly more than $7,000. The owner will be eligible to receive a grant of about $3,500 and the Region will contribute one half of the facade improvement grant or about $1,750. August 15, 2011 - 2 - PD- 2011 -56 The owner will be required to enter into an agreement with the City for the funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS There are no funds available within the Historic Drummondville Reserve. A report is before Council this evening requesting the transfer of funds from the City Wide Brownfield Reserve to the Historic Drummondville Reserve. If the report to transfer reserves is approved, the subject application can also be approved. CITY'S STRATEGIC COMMITMENT Provided funds are transferred into the Historic Drummondville Reserve, the approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS ► Appendix 1 - . Appendix 2 - Recommended by: Respectfully submitted: BBolibruck Attach. S: \PDR \2011 \PD - 2011 -56, CB &FIG - 2011 -003, Abbruscato.wpd Location map of the subject property. Picture showing the existing facade of the building. Alex Herlovitch, Director of Planning, Building & Development Ktn Todd, Chief Administrative Officer August 15, 2011 - 3 - APPENDIX 1 PD-2011-56 mosels• e -le " 1 L Lfl IU 111 r: ) It II L /!,RK 5-sum 4:t LUN DYIS -LN Subject Lculd 1 1 S MERV-ST_ 1 t H MER. , ! etimARE:- f 1 ! / j , Location Map ORT-14-51. -- T I i . RY- T ERY7-8. - 4/ - P INC ! Z CD r rh ti .•; August 2011 August 15, 2011 - 4 - APPENDIX 2 PD- 2011 -56 Niagarafalls 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 -21 Beaverdams Road at Beechwood Road Intersection Control Review RECOMMENDATION 1. That an all -way stop is installed at the intersection of Beaverdams Road and Beechwood Road. 2. That the speed limit on Beaverdams Road be reduced from 80 km /h to 60 km /h from a point 500 metres west of Beechwood Road to a point 500 metres east of Beechwood Road. 3. That the speed limit on Beechwood Road be reduced from 80 km /h to 60 km /h from a point 500 metres north of Beaverdams Road to Uppers Lane. EXECUTIVE SUMMARY The all -way stop control is warranted at the intersection of Beaverdams Road and Beechwood Road based on the collision history. A speed limit reduction on Beaverdams Road and Beechwood Road will increase driver stopping sight distance of the proposed stop controls. BACKGROUND TS- 2011 -21 August 15, 2011 Beaverdams Road is a rural roadway extending in an east/west direction from Thorold Townline Road to Lundy's Lane. In the study area, the roadway is approximately 7 metres in width consisting of a double solid yellow directional dividing line. The speed limit in the study section of Beaverdams Road is 80 km /hr. Beechwood Road is a rural roadway extending in a north /south direction from Taylor Road to Brown Road. In the study area, the roadway is approximately 7 metres in width consisting of a single solid yellow directional dividing line. The speed limit in the study section of Beechwood Road is 80 km /hr. The intersection of Beaverdams Road and Beechwood Road is in a "cross" configuration consisting of north /south and east/west approaches. At present time the intersection is controlled by stop signs facing northbound and southbound motorists on Beechwood Road. August 15, 2011 ANALYSIS /RATIONALE In the past, several safety reviews were conducted at the study location which resulted in upgrades to the traffic signs and installation of overhead intersection control beacons. Beaverdams Road motorists face an amber indication while drivers of Beechwood Road face a flashing red signal indication. However, a review of the collision files for the most recent 12 -month period identifies that there has been five (5) right - angled collisions, thus warranting the all -way stop warrant despite the previously implemented safety measures. The installation of an all -way stop control may reduce the collision potential at the study intersection by necessitating all motorists to complete a full legal stop prior to travelling through the intersection. Therefore, it is recommended that an all -way stop control be installed at the intersection of Beaverdams Road and Beechwood Road. "Stop ahead" signs will be permanently installed facing east and westbound traffic, given that the road curves in advance of Beechwood Road, thus providing advance warning to drivers that they will be required to stop. "Stop ahead" signs are already present on Beechwood Road. The overhead beacons will be changed to flash red in all directions upon the installation of the all -way stop. Staff is further recommending that the speed limit on Beaverdams Road be reduced from 80 km /h to 60 km /h from a point 500 metres west of Beechwood Road to a point 500 metres east of Beechwood Road. The proposed speed reduction extends beyond the horizontal curves to the east and west of the intersection. Similarly, a speed reduction on Beechwood Road from Uppers Lane to a point 500 metres north of Beaverdams Road is recommended to increase driver stopping sight distance of the signs. 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 and modification to the flashing beacons is approximately $5,000. 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 Recommended by: Respectfully submitted: - TS- 2011 -21 /r"„„ti? Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer O D c c O o Q 0_ o o a _ u) (o 0 c D 0 0 0 a) m Co - o (o O CC E (o a) > (o a) m a 4 a) . a) fY O 2 c O 0 c O a) a) c ili Niagaraaa14 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 -28 Downtown Parking Revisions St. Lawrence Avenue, Queen Street RECOMMENDATION 1. The bus loading zone on the east side of St. Lawrence Avenue south of Queen Street be removed and replaced with 2 -hour parking with no reparking within five (5) hours. 2. The 15 minute parking meters in front of the Queen Street Pharmacy be removed and the area be revised to reflect 2 -hour paid parking. 3. The no parking zone on the south side of Queen Street at Ontario immediately west of chicane be reverted to a parking space to allow 2 -hour paid parking. EXECUTIVE SUMMARY The Downtown BIA at their Board meeting July 13, 2011, recommended several parking modifications in the downtown. Staff has reviewed the request and BIA's resolution and is supportive of the recommendations. BACKGROUND TS- 2011 -28 August 15, 2011 The downtown BIA had requested several changes to the parking regulations in the downtown. They are as follows: 4. St. Lawrence Avenue bus parking zone The BIA is requesting that the bus loading zone on the east side of St. Lawrence Avenue south of Queen Street be removed and replaced with on- street parking spaces. The loading zone was originally requested to be implemented several years ago to accommodate the tour buses arriving to the downtown. It's requested removal would be replaced with the previous parking regulation; i.e., two (2) hours free parking with no reparking within five (5) hours. 5. Queen Street's parking meter zone Currently in front of the Queen Street Pharmacy there are two parking metered spaces that are 15 minute maximum. The BIA has requested to convert these spaces to the standard 2 -hour maximum similar to the remainder of Queen Street. August 15, 2011 The 15 minute time limit meters were initially installed to serve primarily the pharmacy patrons. 6. Queen Street at Ontario Avenue no parking zone Immediately to the west of the chicane on the south side of Queen Street and Ontario Avenue there is a "no parking" zone. The BIA has requested the reinstatement of a parking space in this zone. Prior to the implementation of the all way stop at the intersection of Queen Street and Ontario Avenue it was necessary to designate the first parking space on the south side immediately west of the chicane as "no parking" to ensure adequate visibility. Now that the intersection is controlled by an all way stop the restriction is no longer required. Upon review of the aforementioned requests, staff is supportive of the requests put forth from the BIA. ANALYSIS /RATIONALE The bus loading zone on St. Lawrence Avenue and the 15 minute time limit meters were initially requested by the BIA to better service their needs. The BIA has determined that their needs have changed and the aforementioned requests would better reflect current demand. The no parking zone on Queen Street was implemented due to safety concerns that are no longer present given the change in traffic control at the intersection of Queen Street and Ontario Avenue. 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 remove and replace the required signs, remove the parking meters and existing curbing is approximately $ 1,000. 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 correspondence Recommended by: Respectfully submitted: /r - TS- 2011 -28 Karl Dren, Director of Transportation Services Keti Todd, Chief Administrative Officer z Niagararalls August 15, 2011 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 -29 Transit Agreement with the Town of Fort Erie RECOMMENDATION: 1) That the municipality enter into an agreement with the Corporation of the Town of Fort Erie to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The Town of Fort Erie is interested in Niagara Falls Transit providing service between their community and Niagara Falls for the September 2011 through April 2012 period, which aligns with the school years for Niagara College and Brock University. This one year Agreement will be provided at the same rate Niagara College Student's Administrative Council and Brock University's Student's Union compensate Niagara Falls Transit, which allows for full cost recovery. BACKGROUND: TS- 2011 -29 The Town of Fort Erie has requested Niagara Falls Transit supply inter - municipal bus service between Niagara Falls and Fort Erie. This service began three years ago in September 2008 and serves as an educational and employment Zink between the two communities. The service will commence on September 6, 2011 and continue through to the end of April 2012, which will address the needs of the post secondary school customers that account for more than 70% of the ridership. In addition to the student traffic, the service attracts riders who travel into Niagara Falls for employment opportunities. The service is provided from the Walmart store in Fort Erie to the bus platform on Morrison at Dorchester in Niagara Falls and thus, provides connection options to other Niagara Falls Transit buses for these customers. August 15, 2011 FINANCIAL /STAFFING /LEGAL IMPLICATIONS: - 2 - TS- 2011 -29 The Service Agreement for the September 2011 through April 2012 will be the same as the previous three terms. The hourly rate has increased to $85.04 /hour, which recoups all costs associated with providing this inter municipal service. In addition to providing the service at full cost recovery, the fares collected from non post secondary students are retained by Niagara Falls Transit, which is utilized to promote the service to further enhance ridership. Based on the number of hours provided, the September 2011 through April 2012 rate will generate approximately $114,000.00. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and Fort Erie supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: D. Stuart Karl ren, Director of Transportation Services KerS Todd, Chief Administrative Officer 4 NiagaraFaps REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION CITY'S STRATEGIC COMMITMENT Recommended by: D. Stuart Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -30 Purchase of Conventional City Bus FINANCIAL /STAFFING /LEGAL IMPLICATIONS TS- 2011 -30 August 15, 2011 1. That Council approve the purchase of one conventional transit bus from Daimler Buses North America Ltd. 2. That the Mayor and Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY Niagara Falls Transit awarded the 2010 order for two low -floor accessible buses to Daimler Buses North America Ltd. Terms of the RFP P19 -2010 gave the City the right to add an additional bus to the order for the same price, provided the City and supplier agree to the extended period. The City's approved 2011 Capital Budget included the purchase of one additional bus. Daimler has agreed to include the purchase of this bus under the initial RFP P19 -2010, allowing another bus to be purchased for $400,000.00. The bus will be equipped with an electric engine fan, a stop announcement and GPS systems. The funds required to purchase one bus for 2011 have been identified and approved within the 2011 Capital Budget. The purchase of an additional bus for Niagara Falls Transit supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. /K.,,i .03 Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Niagaraaalls August 15, 2011 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 -32 Transit Agreement with Niagara College Student Administrative Council RECOMMENDATION: 1. That Niagara Falls Transit services be provided to full -time Niagara College students for the school year: September 2011 through April 2012. 2 That Niagara Falls Transit service is extended to the Niagara College Campuses in Welland and Niagara -on- the -Lake. 3. That the municipality enter into a one year agreement with Niagara College Student Administrative Council to provide the service at full cost recovery. 4. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: TS- 2011 -32 The Niagara College Student Administrative Council is interested in entering into a one year Agreement with the city for the provision of Niagara Falls Transit services for the benefit of their students residing in Niagara Falls and attending either the Welland or Niagara -on- the -Lake Campuses. BACKGROUND: The Agreement to provide service between Niagara Falls and the Niagara College Campuses for the benefit of the students expired on April 30, 2010. Transit staff has been in discussion with the Student Administrative Council to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service from September 2011 through April 2012 inclusive at an hourly rate of $85.04 per hour. Various service options have been reviewed in an effort to provide a schedule which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their Council is confident will address the student's transportation needs for the August 15, 2011 upcoming school year. In addition, any fares collected by non student customers choosing to utilize this service to travel to the Campuses are retained by Niagara Falls Transit FINANCIAL /STAFFING /LEGAL IMPLICATIONS: The one year Agreement with the Niagara College Student Administrative Council will provide Niagara Falls Transit with revenues of approximately $362,000.00. These revenues will allow the service to operate between Niagara Falls and the two campuses at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Niagara College Campuses supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: D. Stuart - 2 - TS- 2011 -32 Karl Dren, Director of Transportation Services Keff Todd, Chief Administrative Officer Niagara& s August 15, 2011 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 -31 Transit Agreement with Brock University Student's Union (BUSU) RECOMMENDATION: TS- 2011 -31 1. That Niagara Falls Transit services be provided to full -time Brock University students, 2. That Niagara Falls Transit service is extended to Brock University in St. Catharines. 3. That the municipality enter into none year agreement with Brock University Student's Union to provide the service at full cost recovery. 4. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: BACKGROUND: The most recent Agreement to provide service between Niagara Falls and Brock University for the benefit of the students expired on April 30, 2010. Transit staff has been in discussion with the University Student's Union Executive to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service from September 2011 through April 2012 inclusive. Various service options have been reviewed in an effort to provide a schedule which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their executive is confident will address the student's transportation needs for the upcoming school year. The Niagara Falls Transit service to Brock University was implemented in September 1992 as an express bus operating on a fixed route between Niagara Falls and the Brock University campus in St. Catharines. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the Brock Campus to attend their daytime and evening classes, as well as their exams. August 15, 2011 The level of service provided for the 2011/2012 school year is 1,646 hours at an hourly rate of $80.04 per hour, which ensures Niagara Falls Transit recovers the full cost of service provision. In addition, any fares collected by non student customers choosing to utilize this service to travel to the Brock Campus in St. Catharines are retained by Niagara Falls Transit. FINANCIAL /STAFFING /LEGAL IMPLICATIONS: The one year Agreement with the Brock University Student's Union will provide Niagara Falls Transit with revenues of approximately $140,000.00. These revenues will allow the service to operate between Niagara Falls and St. Catharines at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Brock Campus supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: ) Ken Todd, Chief Administrative Officer D. Stuart - 2 - TS- 2011 -31 Karl Dren, Director of Transportation Services 0o -< D cn A by -law to amend By -law No. 80 -1 14, being a by -law to designate private roadways as tire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -1 14 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedule "B -79" attached hereto. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 15, 2011. August 15, 2011. August 15, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule - B-1 - Schedule "B -2 "" Schedule "B -3 "" Schedule - "B -4 "" Schedule "B -5" Schedule "B -6' Schedule - B -7" Schedule " -8 "" Schedule " -0 "" Schedule " -10 "" Schedule - B-11 - Schedule "'B -12 Schedule ""B -13 "" Schedule "B -14 "" Schedule ""B -15 "" Schedule "B -16" Schedule "B -17 "" Schedule "B -18 Schedule - B -19 "" Schedule "B -20 "" Schedule "B-21 Schedule '"B -22" Brockway Business Centre Niagara South Condominium No. 8 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets COLUMN 1 SITE Ameri -Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non- Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Road 8444 Lundy's Lane 3955 Portage Road 3516 Main Street COLUMN 2 LOCATION 8055 McLeod Road and 8065 McLeod Road 5088 Drummond Road Mewburn Road 6453 Colborne Street and 6476 Huggins Street 5795 Don Murie Street COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -23" Schedule - B -24" Schedule "B -25" Schedule - B -26" Schedule "I3 -27" Schedule 13-28" Schedule "8 -29" Schedule "B -30" Schedule "B -31" Schedule "B -32" Schedule "B -33" Schedule - B -34" Schedule "B -35" Schedule "B -36 Schedule "B -37" 7190 Morrison Street Schedule "B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Cannel Centre Great Lodge Resort Bumfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. 442 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 -51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule B -39 Schedule "B -40" Schedule "B -41" Schedule "B -42" Schedule "13 -43" Schedule - B -44" Schedule - B-45 - Schedule - B-46 - Schedule "B -47" Schedule - B -48" Schedule - B -49" Schedule "B -50" Schedule - B-51 - Schedule "B -52" Schedule "B -53" Schedule - B-54 - Schedule - B -5.5" Schedule "B -56" Schedule -B -57' COLUMN 1 SITE Niagara South Condominium Corporation No. 4 - Park Royal Niagara Catholic District School Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium Omada Homes Inc. Brighton Condominiums 3900 Kalar Road COLUMN 2 LOCATION 3322 Addison Street 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167- 6175 -6181 Dorchester Road 6928 Ailanthus Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule - B-58" Schedule "B -59" Schedule "B -60" Schedule - B-61 - Schedule B -62" Schedule - B -63" Schedule - B-64 - Schedule - B -65" Schedule "B -66 Schedule - B-67 - Schedule B -68" Schedule "B -69 Schedule - B -70 Schedule "B -71 Schedule - B -72 Schedule "B -73" Schedule B -74" 3915 Portage Road Schedule "B -75- COLUMN 1 SITE Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes Marken Homes Weinbrenner Place Inc. COLUMN 2 LOCATION 6000 Marineland Parkway 2634 St. Paul Avenue 9440 Eagle Ridge Drive 3401 - 3421 Weinbrenner Road COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -76' Schedule "B -77" Schedule "B -78 Schedule "B -79" SCHEDULE " V 79 " rn z c) - 11 rn z 0o cn c C) r w c CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to establish Block 17 on Registered Plan 59M -309 as a public highway, to be known as and to form part of Graham Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part of Block 17, Registered Plan 59M -309 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 17, Registered Plan 59M -309 that is hereby established as a public highway, be known as and form part of Graham Street. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: August 15, 2011. August 15, 2011. August 15, 2011. A by -law to authorize the execution of a Licence Agreement with Ontario Power Generation Inc., respecting the use of Ontario Power Generation Inc.'s lands for the purposes of constructing, maintaining and operating a recreational park and boat dock. THE COUNCIL OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement made between Ontario Power Generation Inc. as OPG, and The Corporation of the City of Niagara Falls as Licensee, respecting the use of OPG's lands on the Water Lot fronting Lots 6 toll, inclusive, being a portion of Part 14 on Reference Plan 59R- 13871, in the former Township of Stamford, for the purposes of constructing, maintaining and operating a recreational park and boat dock, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI MAYOR First Reading: Second Reading: Third Reading: August 15, 2011. August 15, 2011. August 15, 2011. CITY OF NIAGARA FALLS By -law. No. 2011 - OF THE FIRST PART OF THE SECOND PART RECITALS: LICENCE AGREEMENT This non - exclusive Licence agreement effective as of the 1st day of July. 2011 BETWEEN: ONTARIO POWER GENER-',TION INC., a corporation existing under the lays of Ontario (hereinafter referred to as "OPG') -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS INC., a corporation existing under the laws of Ontario (hereinafter refen to as the "Licensee ) A. OPG is the owner in fee simple of the Lands defined below: B. The Licensee has requested OPG's permission to Licence OPG's Lands on a non- exclusive basis located on the Water Lot in front of Lots 6 to 11 being part of Part 14 on Reference Plan 59R -13871 in the Township of Stamford, now the City of Niagara Falls. and Regional Municipality of Niagara for the purposes of constructing, maintaining and operating a recreational park and boat dock defined below as the Project. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained the parties hereto covenant and agree as follows: 1. DEFINITIONS For the purposes of this Licence, the following definitions shall apply: (a) "Business Days" means any day other than a Saturday. Sunday or statutory holiday in Ontario. (b) "Lands" means the Water Lot in front of Lots 6 to 11 being part of Part 14 on Reference Plan 59R -13871 in the Township of Stamford, now the City of Niagara Falls, and Regional Municipality of Niagara owned by OPG in the Township of Stamford, City of Niagara Falls, and Regional Municipality of Niagara, shown outlined in red on Schedule `A'. (c) "Project" means the formal request for a non - exclusive Licence to enter the Lands to lay, construct, operate, inspect, alter, repair, maintain, replace, reconstruct and remove the works, in accordance with the installations, appurtences, additions, alterations, partitions Page - 1 - of 12 and improvements described on draw ing CO1 dated March 3, 2011 associated with a recreational park and boat dock known as the 'New Chippawa Boat Dock attached hereto as Schedule `B'. (d) "OPG Works" means all structures and equipment wherever located, owned or used by OPG in connection with the generation. distribution or sale of electricity including. without limitation. all transmission lines (including buried cables and wires). towers, poles. guys, anchors and transformers (including pad mounted transformers. and communication structures and equipment). (e) "HON1 Works" means all structures and equipment wherever located, owned or used by Hydro One Networks Inc. in connection with the transmission, distribution or sale of electricity including, without limitation. all transmission lines (including buried cables and wires), towers, poles, guys, anchors and transformers (including pad mounted transformers. and communication stnictures and equipment). (t) "Requirements of Environmental Law" means all requirements of the common law or environmental. health or safety statutes, regulations, rules, policies, ordinances, orders. approvals, notices, permits or directives of any federal, provincial or local judicial, regulatory or administrative agency, hoard or govenunental authority, and OPG safety guidelines and the Canada Standards Association Standard - 22.3 relating to the Lands, and this Licence and the intended uses thereof including, but not limited to, all requirements imposed by the common law or any statute, regulation. rile, policy_ ordinance_ order, approv al, notice, permit or directive \vhich relate to: (i) noise: pollution or protection of the air. surface water, ground water or land: (hi) solid, gaseous or liquid waste generation, handling, treatment, storage. disposal or transportation: (iv) exposure to hazardous or toxic substances: or (v) applicable requirements of all federal, provincial or local environmental. health or safety laws. (e) "Sketch" means the general site sketch illustrating thereon the property owned by OPG as outlined in black. and the Lands being the subject of this Licence as outlined in black, and on which is also shown certain OPG Works: being Schedule 'A' attached hereto and forming part of this Licence. (h) "Term" has meaning as set out in section 2.0 of this Licence. YIELDING AND PAYING therefore a land use charge in the amount of Two (52.00) dollars (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 2. TERM AND LAND USE CHARGE In consideration of the land use charge and the covenants and agreements herein. OPG grants permission by the way of non - exclusive Licence to the Licensee to use the Lands, subject to the terms and conditions of this Licence and all existing encumbrances, for a five (5) year tern, commencing on July 1, 2011 and terminating on June 30, 2016 (the "Term "). In the event that the Licensee is in default of any of the terms and conditions of this Agreement. and without limiting the generality of the foregoing, such default may include a failure to comply with any request. instruction or order of OPG or any person acting on its behalf, or a failure to comply with or persistent disregard for statutes, regulations, by -laws or directives of relevant authorities relating to the Projector a failure to perform the Project in accordance with the terms Page - 2 - of 12 and conditions herein. OPG can, upon delivery of verbal or written notice. and without prejudice to any other rights and remedies it may have, forthwith terminate this Agreement. In the event of such termination. OPG will have the right to remove any vehicles. equipment, machinery, supplies and other materials from the Lands and to restore the same to their original condition and to recover from the Licensee all costs associated therewith. 3. USE It is a condition of the granting of this non - exclusive Licence and of the exercise of the rights and privileges hereunder granted. that the Lands, together with all facilities of ingress and egress OPG is willing to g=rant the Iicensee and its employees_ servants. contractors. authorized representatives and agents a non - exclusive temporary licence to access the Lands for the sole purpose of the Licensee's Project. 'Ihe right granted to the Licensee is a licence only and shall not under any circumstances whatsoever constitute a right by the Licensee to have or claim exclusive possession of the Lands and this Agreement shall not constitute nor be interpreted to be either a partnership agreement. lease. grant of easement or joint venture agreement made between the parties. No other use may be made of any part of the Lands, which has not received the prior written approval of OPG. Without limiting the generality' of the foregoing. specific uses for which OPG shall be deemed not to be unreasonably withholding its consent in the event of OPG refusing to give its approval include any uses whether temporary or not that in the opinion of OPG are associated with the accumulation or piling of garbage, soil. or any other substance or material which in the sole opinion of OPG constitutes a public hazard or nuisance, or a danger or impediment to the effective and efficient operations of OPG. OPG Works or HONI's Works. 4. THE LIC'ENSEE'S COVENANTS The Licensee hereby covenants with OPG as follows: to pertonn the Project in strict compliance with the teens and conditions set out in this Agreement: (a) on completion, the Licensee shall provide OPG with a full set of -- as- built drawings: (b) the Licensee hereby accepts the Lands on an as is. where is basis: (c) it shall not in any way interfere with the flow of the Welland River: (d) it shall not deposit or permit the deposit of any debris on the Lands, abutting land or into the Welland River and the Licensee shall implement and install protective measures to ensure the same as is reasonably necessary or as may be requested by the Licensor (e) the Licensee shall notify and advise its authorized representatives of the terms and conditions of this Licence Agreement, and the Licensee shall assume full responsibility for the acts or omissions of its authorized representatives and all other persons or entities permitted by the Licensee to enter the Lands in their use and occupation of the Lands and shall forthwith remove from same any individual that OPG, in its sole discretion, deems to be acting in an incompetent, illegal or unsafe manner: (f) the Licensee and its authorized representatives may access the Lands or conduct the Project without a representative of OPG being present, provided that OPG mav, in its sole discretion. have a representative on the Lands during the conduct of the Project: (g) the Licensee shall ensure that no vehicle exceeds a maximum speed limit of 20krn hr when on OPG Lands: (h) the Licensee will be responsible for snow clearing along the Lands as required and the Licensee acknowledges that OPG does not maintain or clear snow along the Lands: Page - 3 - of 12 (i) the Licensee will be responsible to obtain any necessary permits and or approvals for the Project including a Niagara Plant Group dig permit where and when applicable; (j) the Licensee covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned during and resulting from the Project or use of the Lands on the Lands to the satisfaction of OPG: (k) the Licensee shall provide OPG with copies of all reports, tindings. data. test results or other information resulting from the Project, to the extent such reports, tindings. data_ test results or other information related to the Lands: (1) the Licensee covenants and agrees that all test results. records and reports pertaining to the Project on OPG Lands and the information contained therein is strictly confidential and the Licensee represents and warrants that neither the Licensee nor its authorized representatives will release the results. records and or reports or any of the information contained therein to any other individual or corporation or to any federal. provincial or municipal agency or institution or any other government hody, domestic or foreign, without the express written consent of OPG. and the Licensee shall refuse all requests for such results, records and or reports or information in the absence of OPG's express consent, unless compelled to do so by competent judicial or administrative authority: (m)10 comply satisfactorily with all instructions of OPG's inspectors including without limitation instructions to halt business and operations if, in the opinion of such inspectors. the OPG Works or 1I0 \'1 Works or the safe or efficient operation thereof or access thereto may be interfered kith: (n) to erect traffic controls on the Lands if requested by OPG; (o) not to operate or permit to he operated vehicles or other equipment nn ithin 10 feet of any OPG Works or 1 -IOrNI Works (p) not to alter the existing grade. contours. drainage, or water courses. nor apply _ravel or asphalt to the Lands_ nor erect or construct any building. structure or facility on the Lands. including retaining walls that have no already been described in the Project. without first haying obtained all required municipal and governmental permits and approvals, and only after submitting detailed plans for the approval of OPG and having obtained OPG's prior consent thereto: (q) to comply with all technical specifications of OPG as OPG may at any time and from time to time require and to ensure all employees and contractors of the Licensee observe same: (r) at its sole expense to carry out and perform all aspects of the Project. whether or not required by OPG. in a good, substantive and workmanlike manner: (s) the Licensee shall be responsible for all loss or damage to its, and its authorized representatives' equipment, vehicles, tools and chattels brought onto the Lands, including loss or damage occasioned by the acts or omissions of OPG and the Licensee acknowledges that it and its authorized representatives bring such equipment. vehicles, tools and chattels onto the Lands at their own risk: ) the Licensee shall promptly comply with or conform with the requirements of every applicable statute, law, bylaw, regulation, ordinance, requirement and order from time to time or at any time in force during the tern of this Licence and any extensions affecting in any way the use or occupation of the Lands, without limiting the generality of the foregoing, at its own expense, to comply with all Requirements of Environmental Law relating to the Lands, or the Licensees occupancy thereof including without limitation, respecting the clean -up of unauthorized dumping or remediation of any condition of the Lands, and said building(s) including water, whether or not pre - existing. The Licensee acknowledges having had the opportunity to inspect the Lands prior to entering into this Licence and accepts the Lands as is "; (u) during the Term. the Licensee shall report immediately to OPG any health and safety Page -4 -of 12 conditions, accidents or incidents occurring_ during performance of the Project: ) the Licensee will install and maintain at their sole cost signage indicating the partnership between OPG and Licensee of Niagara Falls allowing for Licensee to use the Lands free of any land use charge. The exact wording to be determined by the Niagara Plant Group. Public ■ffairs. In a prominent location. the signage shall be posted 110 later than 6 months after the execution of this agreement:: («) the Licensee shall not commit or suffer any nuisance. waste or injury to the Lands. and shall not use or permit to be used any part of the Lands in any dangerous, noxious or offensive manner and shall not cause or permit any nuisance in, at or on the Lands which is offensive or an annoyance to OPG or the community. 5. PROTECTIVE INSTALLATIONS In the event OPG considers it necessary that any of the OPG Works and HONI Works be fenced or otherwise protected or made separate. The Licensee shall at its own expense, erect and maintain such fences or other protective installations as OPG may reasonably require. 6. INCREASE IN OPG'S COSTS If at any time or times the Licence or any of the operations carried out pursuant to this Licence or any improvements made to the Lands by or for the benefit of The Licensee should, in the opinion of OPG acting reasonably, directly or indirectly increase the cost or expense of any of the presently existing OPG Works or any works required by OPG 01 the future, or the maintenance, construction or operation thereof, The Licensee shall pay to OPG on 30 days' prior written notice. such increase in cost or expense of which is mutually agreed upon by the Licensee and OPG acting reasonably. including without limitation, the cost to OPG of acquiring any additional lands or rights which would not have been required but for the existence of this Licence, or The Licensee's improvements. use or possession of the Lands. The Licensee shall have the option of terminating this Licence within such 30 day notice period. in which event all other provisions of this Licence including without limitation shall be applicable. 7. LICENCE SUBJECT TO ENCUMBRANCES This non - exclusive Licence and the Licensee's interest herein shall he subject to all existing leases. licences and rights of use or occupation which may exist at the date of this Licence, whether or not registered, and 000 may from time to time renew or extend these arrangements or enter into new ones, whether or not with the same parties, and to which new arrangements this Licence shall also be subject, so long as the rights granted thereunder do not interfere unreasonably with the Licensees Project. Despite anything to the contrary in this Licence the Licensee acknowledges that OPG in its discretion shall be entitled at any time(s) to permit part(s) of the Lands to be used by it or its permittees (collectively the "Pennittees ") for further or other purposes, uses, businesses or undertakings (the "Other Uses) of its choice that do not interfere unreasonably with the operations of the Licensee, and to renew, extend, or grant such rights and make and complete such arrangements in this regard with such Pennittees as OPG considers necessary or desirable. all at no further expense or condition and without being in default under this Licence or otherwise liable to the Licensee. The Licensee agrees to cooperate and discuss in good faith and in a timely fashion with OPG and such Pennittees all proposals, impacts or reasonable requests of OPG or other Pennittees at any time(s). Should OPG notify the Licensee at any time(s) that OPG wishes to renew, extend, or grant rights and make arrangements to authorize such Other Uses. the Licensee hereby covenants to accept and consent to each of the same. Page - 5 - of 12 8. HEIGHT RESTRICTIONS The Licensee shall ensure that the height of any vehicle. load. accumulation or anv object, including attachments and people who may be standing thereon. at a location or locations proximate to the OPG Works. does not exceed 13.5 feet above the existing grade. 9. RELEASE & INDEMNITY The Licensee shall assume all liability and obligation for any and all loss. damage or injure (including death). by reason of fire. accident or othemise to all persons or property, howsoe.er al as a result of or cotmected in any way ■vith the use and occupation of the Lands or that otherwise would not hay e occurred but for the granting of this Licence, and in consideration of the rights and privileges granted herein. the Licensee does hereby release and forever discharge OPG_ its subsidiary and affiliated corporations. successors and assigns and all persons acting on its or their behalf. from all claims. actions. demands or other proceedings in respect thereof and in further consideration of same. the Licensee hereby agrees to indemnify OPG, its subsidiaries, successors and assigns and all persons acting on its or their behalf_ from and against all such claims. actions_ demands or other proceedings and all expenses and costs occasioned thereby. 10. INSC`R:ANCE The Licensee shall obtain and maintain in lull force and effect. at its sole cost, throughout the "Lena and during such other time as the Licensee occupies or otherwise is in possession of the Lands or any part of the Lands. the tbllowing insurance: all asks" property insurance covering all property of the Licensee. including property for Which it is legally liable, located ‘yithin the Lands and the Lands. including all contents. Licensee improvements. inventory. stock - in- trade. furniture and moveable equipment, in an amount of not less than the full replacement cost thereof with an agreed amount co- insurance clause. Insurance coverage must at a minimum insure the event of fire and other perils covered under Insurance Advisory Organization's Standard Extended Coverage Endorsement_ including earthquake. flood and collapse. and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured: 11. boiler and machinery insurance on all objects in. on or servicing the Lands. all of which are owned. operated and controlled by the Licensee in the Lands or relating to or serving only the Lands, on a blanket repair or replacement basis including, without (imitation, a by -law endorsement and disputed loss provisions, with limits for each accident in an amount not less than the full replacement cost of such objects as well as of any Licensee's improvements and trade fixtures. and such insurance shall also name OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured: 111. commercial general liability insurance on an occurrence basis with limits of not less than five million (55,000,000.00) inclusive for both bodily injury. including death, personal injury and damage to property, including loss of use thereof., for each occurrence. Coverage shall specifically include but not he limited to the following: blanket contractual liability. damage to all property of OPG, including loss of use thereof, pollution liability coverage on at least a sudden and accidental basis, products & completed operations. employer's Liability: non -owned automobile liability: The City's legal liability and, broad fonn property damage with respect to the Licensees business. use or occupation of the Lands by the Licensee or any of its servants. agents, contractors or persons for whom the Licensee is in law Page - 6 - of 12 responsible and sho ing ()PG and any mortgagee of OPG as additional named insured as their respective interests may appear with a severahility of interests and a cross - liability clause: R . automobile liability Insurance. covering all licensed motor vehicles operated by the Licensee. covering bodily injury and property damage liability to a combined inclusive minimum limit of S2.000.000 and mandatory accident benefits: and. any other forms of insurance as OPG. acting reasonably. or anv mortgagee of OPG. requires from time to time. in amounts and for insurance risks against vyhich a prudent Licensee w ould insure. Each of the Licensees insurance policies will contain, as appropriate: a waiver of anv subrogation rights which the Licensees insurers would have against OPG or any person for \\ horn OPG is in laws responsible: 11. a provision stating that the Licensee's insurance policy will be primary and will not call into contribution anv other insurance available to OPG: and I11. a ■vaiyer, as respects the interests of OPG and of any Mortgagee, of am provision in any of the Licensees insurance policies with respect to any breach of any warranties, representations. declarations. or conditions contained in the Licensees policies. ii) all policies will he taken out with insurers and he in a form satisfactory to OPG. The Licensee will deliver to OPG prior to the date it occupies the Lands for any purpose either certificates of insurance and or certified copies of the Licensees insurance policies. The Licensee will_ from time to time. or as required by OPG. furnish to OPG certificates or other evidences acceptable to OPG as to the Licensees insurance in effect and its renewal or continuation in force. In addition. the Licensee will provide to OPG such evidence as OPG requires describing how the full replacement cost of the Licensee stock -in- trade. furniture. fixtures. and The Licensee improvements was determined. Failure of OPG to demand such certificate or other evidence of full compliance with these insurance requirements or failure of OPG to identify a deficiency fiom evidence provided will not be construed as a ovaiyer of the Licensees obligation to maintain such insurance. The acceptance of delivery by OPG of any certificate of insurance evidencing the required coverage's and limits does not constitute approval or agreement by OPG that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements. iii) All policies will contain an undertaking by the insurers that no material change. cancellation or termination of any policy « ill he made unless OPG has received at least 30 days prior notice of the change, delivered according to the provisions of this Licence. iv) If the Licensee at any time fails to take out, keep in force or pay the premiums 00 any insurance as required in this Licence, or if the Licensee fails from time to time to deliver to OPG satisfactory proof of the good standing of any such insurance or the payment of premiums as required in this Licence then OPG will, without prejudice to any of its other rights and remedies under this Licence, have the right. hut not the obligation, to place such insurance on behalf of the Licensee. This cost together with all expenses incurred by OPG and an amount equal to I 5`)/0 of those costs and expenses to cover OPG's overhead and supervision will be paid by The Licensee to OPG upon demand. Page - 7 - of 12 11. REMEDIES OF LICENSOR OPG shall have all remedies, including without limitation, damages and injunction. available to OPG at law or in equity arising upon any default by the Licensee under this Licence. 12. LICENSOR'S EXPENSES If legal action is brought by to recover any monies due under the Licence or because of the Licensee's breach of any other temis, covenants or conditions herein contained on its part to be kept or performed, the Licensee shall pay to OPG all of its expenses incurred therefore. including solicitors fees (on a solicitor and his own client basis) unless a court otherwise awards. 13. ALTERNATIVE REMEDIES OPG may. from time to time, resort to any or all of the rights and remedies available to it in the event of an Event of Default. pursuant to this Licence or by statute or at law. all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to OPG by statute or at law. 14. TAXES The Licensee shall pay to OPG on demand, all business taxes, realty taxes, local improvement rates and any and all other assessments levied in connection with the I.icensee's improvements to the Lands. the Licensee's use, occupancy thereof or operations therefrom; specifically. the Licensee shall pay to OPG during the term of this Agreement, and within a reasonable period of time after demand thereof an amount equal to all amounts paid or payable by OPG 011 account of any realty taxes or grants or payments in lieu thereof. rates, fees or other assessments or payments in lieu thereof that are attributable to the Lands (the - Realty Taxes"). The Licensee acknowledges and agrees that (i) the Realty Taxes shall be determined by OPG by applying the Licensees proportionate share to the total amounts paid or payable by OPG for the lands assigned assessment roll number. 15. OPG OPERATIONS and FLOODING The Licensee acknowledges that the Lands are deemed to be operational lands for OPG being part of the Sir Adam Beck Generating Station, and as such. OPG from time to time may flood, overflow. damage. erode, degrade and otherwise injuriously affect the Lands. OPG ma} raise. lower, divert alter and fluctuate the level and now of the waters forming part of any waters on, flowing from, connected with, or affected by the waters on the Lands including, without limitation, the Welland River (collectively_ "Waters ") and at all times OPG shall have no obligation whatsoever to maintain any specified elevation or Clow rate, nor any other specific water level or elevation. 16. EVENTS OF DEFAULT AND TERMINATION An event of default ( "Event of Default ") shall be deemed to have occurred hereunder if any one or more of the following events occurs: (a) if default is made in the due payment of any installment of Land Use Charge or any other monies payable hereunder, and such default is not remedied within 5 days after vntten notice specifying the default has been delivered by OPG to the Licensee: (b) if default is made by the Licensee in the performance of or compliance with any other covenants, agreements, teens or conditions contained in this Licence, other than those referred to in subparagraph (a) of this paragraph 14, and such default has not been remedied within 10 days after written notice specifying the default has been delivered by OPG to the Licensee, or in the case of failure to obtain or maintain insurance, within 3 Business Days after written notice specifying the default has been delivered by OPG to the Licensee or in the case of a Page - 8 - of 12 dethult which affects. or is likely to affect. the operations. maintenance or construction of the OPG Works. or HON! Works within 24 hours after written notice specifying the default has been delivered by OPG to the Licensee. However. vwith respect to any such default (other than a failure to obtain or maintain insurance. or a default which affects. or is likely to affect. the operation_ maintenance or constriction of the OPG Works or HON1 Works for which there shall be no extension) which is of a nature that it cannot. with due diligence, be cured within a period of 10 days_ an Event of Default shall not be deemed to exist if The Licensee has commenced to cure such default ithin 3 days after written notice thereof from OPG and so lone as the Licensee thereafter proceeds \N 1th all due diligence and takes all appropriate action to complete the curing of such default: If any Fyent of Default occurs. then and in every case and so often as same shall happen. OPG shall have the right_ at its option to cancel and terminate this Licence. by giving the Licensee notice of cancellation and termination. and upon the expiration of the time fixed in such notice, all rights of the Licensee with respect to the Lands or any part thereof and this Licence shall he absolutely forfeited and shall lapse in the same manner and with the same force and effect as if the expiration of the time fixed in such notice of cancellation and termination were the end of the Term. This Licence may also he terminated under the following conditions: i) By either patty at any time. providing 30 days written notice: and or. ii) Temporarily, without invalidating this agreement. for such reasonable period of time as OPG may require for safety. security or emergency purposes. OPG will not he liable to the Licensee tor any damages or loss occasioned thereby. 17. NOTICE Except as is othersyise provided in this Agreement. e■ 00 notice required or permitted under this Licence must be in «riting and may be delivered in person. by courier or by fax to the applicable party. as tollo« s: If to the 00G. Ontario Power Generation Inc. 700 University Avenue Toronto, Ontario NISG 1X6 If to the Licensee. Fax: 416-592-8115 The Corporation of the City of Niagara Falls 4 310 Queen St. Niagara Falls [20 6 \5 Attn: Manager, Real Estate Services Attn: Legal Department Fax 905- 371 -2892 Or to any other address, fax number or individual that a party designates by notice. Any notice under this Licence if delivered personally or by courier will be deemed to have been given when actually received, if delivered by fax before 3:00 p.m. 00 a Business Day will be deemed to have been delivered on that Business Day and if delivered by fax alter 3:00 p.m. 00 a Business Day or on a day which is not a business day will he deemed to he delivered on the next Business Day. 18. SURVIVAL OF INDE:AINITV" The obligations of the Licensee to indemnity OPG pursuant to Section 9, and similar obligations pursuant to other sections of this Licence. shall survive the expiration or other termination of this Licence. 19. ASSIGNING AND SUBLETTING The Licensee shall not enter into, authorize, permit or suffer any assignment, subletting or sublicensing of this Licence or any of the rights or privileges hereunder, nor shall it part with or share possession of the Lands. without OPG's prior \vritten consent, which consent may be withheld Page -9 -of12 in OPG's sole discretion. 20. TITLE The Licensee shall not enter into any agreements for the Lands. which would run with the Lands and become an obligation of OPG upon termination or expiry of this Licence without OPG's consent. which consent may be withheld in OPG's absolute and unfettered discretion. 21. NO RELEASE OF LIABILITY No termination or assignment of this Licence. consented to by OPG shall relieve the Licensee of its liability and obligations hereunder and such liability and obligations shall survive any such termination or ass ignment. 22. GENERAL TERMS The division of this Licence into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Licence. Words importing the singular include the plural and vice versa. The term "including' means - including without limitation", and the terms "includes" and - included - have similar meanings. This Licence is governed by, and is to be construed and interpreted in accordance with. the lays of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non - exclusive _jurisdiction of the courts of Ontario in respect of any matter relating to this Licence. If any tens of this Licence is or becomes illegal, invalid or unentbreeable. the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Licence. This Licence constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions. representations, warranties and understandings, whether written or verbal. This Licence enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Licence may be amended or waived except in writing. No failure to exercise and no delay in exercising, any right or remedy under this Licence will be deemed to be a waiver of that right or remedy. No waiver of any breach of any tern of this Licence will be deemed to be a waiver of any subsequent breach of that term. In 'Witness ''hereof the parties have duly executed this Licence effective as of the _sear and date first above written ONTARIO POWER GENERATION INC. THE CORPORATION OF TILE CFhl" OF NIAGARA FALLS Name: Matthew Prange Name: Authorized Signatory Authorized Signatory I have the authority to bind the corporation. 1 have the authority to bind the corporation. Page -10- of 12 Name: Authorized Signatory I have the authority to hind the corporation. 11 c e■ Cr SCHEDULE 'A' r „ (a4 DA5riA PAGE Z. A '" ,,,_r_..f F- ' 1 — 7 T,3 I ■ ' - ' ' '`.:' ' -' :' '' '' '- '': - FRONT STREET RT 14 AAps5-01 PA () P Page - 11 - of 12 PLAN 59R— I (37 CI LOTS ro ii". 251 , -rTT 4i PART 1_6_, 1 —j BIZEDGEWAT'ER SET 1 SCHEDULE `6' Page - 12 - of 12 A by -law to authorize the execution of a Subordination Agreement with Royal Bank of Canada and The Corporation of the City of Niagara Falls, respecting the refinancing of the Boys' & Girls' Club located at 8800 McLeod Road, in favour of Royal Bank of Canada. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLON% S: 1. A Subordination Agreement made between Royal Bank of Canada and The Corporation of the City of Niagara Falls. respecting the subordination of a mortgage provided by the City to the Boys' & Girls' Club in favour of the Royal Bank of Canada, as attached hereto. is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Subordination 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 fifteenth day of August. 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 15, 201 1. August 15, 2011. August 15, 2011. CITY OF NIAGARA FALLS By -law, No. 2011 - TO: ROYAL WHEREAS: (1) SUBORDINATION AGREEMENT BANK OF CANADA A. Royal Bank of Canada (the "Bank - ) has entered into a loan agreement with Boys* & Girls Club of Niagara (the "Borrower whereby the Borrower has agreed to provide to the Bank the following mortgage on lands owned by the Borrower: First Collateral Charge in the amount of 82,000,000.00, over land located at 8800 McLeod Road, Niagara Falls, Ontario, being PIN 64263 -0135 (hereafter called the "Royal Bank Mortgage") B. hl order to secure indebtedness by the Borrower to the undersigned, the undersigned, The Corporation of the City of Niagara Falls, has obtained from the Borrower the following mortgage in favour of the undersigned: (1) Charge in the amount of 52,159,000.00, registered as instrument no SN306458. over the Borrowers land located at 8800 McLeod Road. Niagara Falls, Ontario. being PIN 64263-0135 (hereafter called the "City Mortgage) FOR VALUE RECEIVED and in order to induce the Bank to advance its loan to the Borrower, the undersigned, being a secured creditor of the Borrower, hereby subordinates and postpones the City Mortgage to all past, present and future advances under the Royal Bank Mortgage in all respects, notwithstanding that some or all amounts advanced under the Royal Bank Mortgage are advanced after the registration of or advances under the City Mortgage, but only to the extent that the principal amounts owing under the Royal Bank Mortgage do not exceed 82,000,000.00 at any one time, plus interest and costs and other amounts as therein provided. In Witness whereof the undersigned has executed this document this day of August, 2011. The Corporation of the City of Niagara Falls per: Name: James M. Diodati Title: Mayor Name: Dean Iorfida Title: City Clerk We have the authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS St. Lawrence Avenue East 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. (Stopping Prohibited. Parking Prohibited. Limited Parking. Parking Meter Zones. Loading Zones) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000. as amended. is hereby further amended: (a) by removing from the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS A point 18 metres south of Queen and a point 10 metres north of Huron Street (b) by adding to the specified columns of Schedule E thereto the following item: LIMITED PARKING At All Times Tour Bus Loading and Unloading COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM PERIOD PERMITTED St. Lawrence Avenue East A point 18 metres south of 9:00 a.m. to 5:00 p.m. 2 Hours Street and a point 10 metres Monday to Friday north of Huron Street No re- parking within 5 hours of initial parking (c) by removing from the specified columns of Schedule A thereto the following item: COLUMN 1 HIGHWAY Queen Street COLUMN 1 HIGHWAY Queen St. Queen St Queen St COLUMN 1 HIGHWAY (d) by removing from the specified columns of Schedule G thereto the following items: (e) North North North Queen Street North Queen Street North COLUMN 2 COLUMN 3 SIDE BETWEEN South COLUMN 2 COLUMN 3 SIDE BETWEEN St. Clair Avenue and Victoria Avenue COLUMN 2 COLUMN 3 SIDE BETWEEN St. Clair Avenue and Zimmerman Avenue -2- STOPPING PROHIBITED Ontario Avenue and a point 46 metres west of Ontario Avenue PARKING METER ZONES 30 m east of St. Clair Ave 50 m east of St. Clair Ave (First 2 spots - east of St. Clair) Zimmerman Ave and 50 m East of St. Clair Ave Victoria Avenue and a point 22 metres west of St. Clair Avenue COLUMN 4 FEES 50.75/1 hour $0.25/20 min 50.10 /8 min 50.05 /4 min 5.025 minimum payment 50.10 /8 min SO 05 /4 min $0 75/1 hour SO 25/20 min S0.10 /8 min SO 05 /4 min S 025 minimum payment PARKING METER ZONES COLUMN 4 FEES 50.75/1 hour $0.25/20 min $0.10 /8 min $0.05 /4 min 50.25 minimum payment 50.75/1 hour 50.25/20 min $0.10 /8 min 50.05 /4 min $0.25 minimum payment COLUMN 5 MAXIMUM 2 hours 15 min. 2 hours COLUMN 5 MAXIMUM 2 hours 2 hours COLUMN 4 TIMES /DAYS At All Times COLUMN 6 DAYS /TIMES by adding to the specified columns of Schedule G thereto the following items: 9:00 a.m. to 5:00 p.m Except Sat., Sundays and Holidays 9:00 a.m to5:00pm Except Sat. Sundays and Holidays 9:00 a.m. to 500 p m Except Sat.. Sundays and Holidays COLUMN 6 DAYS /TIMES 9:00 a.m. to 5:00 p m. Except Saturdays. Sundays and Holidays 9 00 a.m. to 5 00 p m Except Saturdays Sundays and Holidays -3 - (f) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Queen Street South A point 20 metres west of Ontario Avenue and At All Times a point 46 metres west of Ontario Avenue Queen Street South Ontario Avenue and At All Times a point 14 metres west of Ontario Avenue This By -law shall come into force when the appropriate signs are installed. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 15, 2011 Second Reading August 15, 2011 Third Reading: August 15, 2011 CITY OF NIAGARA FALLS By -Law No. 2011 - A by -law to amend By -Law No. 2007 -161 and Schedule "A" of By -Law 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposing and collection of rates for the use of water and water- related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 10. of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: "Where more than one building is located on a particular lot or development. the Engineer shall determine if single or multiple water services shall be installed with either a master metering system or individual meters." 2. Section 12.(1) of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: 12.(1) All water services from the water main to the property line of any premises shall be installed under the direction of the City at the expense of the owner" 3. Section 19.(5) of by -law no. 2007 -161 is amended by inserting the word "refusal" in the last line between the words "the" and "rate'". 4 Section 20. of by -law no. 2007 -161 is amended by deleting the section and replacing it with the following: " 20. All meters shall be provided by the City. and remain the property of the City. Costs will be born by the property owner as per the attached schedule." 5 Section 31. of by-law no. 2007 -161 is amended by deleting the section and replacing it with the following: 31. In the case of any premises other than a residential tenancy as per section 27. of this by -law, the City, upon providing notice as specified in section 33. of this by- law, may shut off the supply of water to any private water service for any of the following causes;" 6 Section 1. Of by -law no. 2007 -161 to be repealed and replaced with the following: In this by -law, (a) "Appurtenance" and '`Appurtenances" mean and include electronic communications register(s), touch pad, and any new equipment or technology replacing the same; (b) "City" means The Corporation of the City of Niagara Falls; (c) "Council" means the Council of The Corporation of the City of Niagara Falls; (d) "Day" means working days, exclusive of weekends or holidays; (e) "Cover" means the distance between the finished -grade ground surface and the top of the water main or water service pipe; (f) "Distribution system" means the transmission pipes of the City which are tapped for water services and includes all valves, fittings and appurtenances but does not include water services nor private water services; (g) "Engineer" means the Director of Municipal Works for the City and for the purpose of exercising any of the powers or duties of the Engineer under this by -law and shall include any employee of the City authorized by the Engineer to exercise any such powers or duties; (h) "Industrial premises" means premises used for or in connection with. (i) "Meter" means a meter installed for the purpose of measuring water supplied by the distribution system; (j "Owner" means any registered owner of land or buildings thereon, or any authorized agent, contractor, employee, tenant or servant representing such owner; (k) "Premises" includes lands, buildings and structures; (1) 'Private water service" means the pipes and fixtures (exclusive of meter) used for the purpose of supplying water from the distribution system to any premises and located upon private property beyond the limits of the road allowance; (m) (i) manufacturing, producing or processing anything; (ii) research or development in connection with manufacturing, producing or processing anything; (iii) storage, by a manufacturer, producer or processor, of anything used or produced in such manufacturing, production or processing if the storage is at the site where the manufacturing, production or processing takes place; or (iv) retail sales, by a manufacturer, producer or processor, of anything produced in such manufacturing, production or processing if the retail sales are at the site where the manufacturing, production or processing takes place; "Remote read out device" means any device not including the register on a meter, used by the City to transmit and record the amount of water passing through a meter" (n) "Residential premises" means premises used solely for residential occupancy as defined in the Ontario Building Code, consisting of three or fewer units which has a separate and distinct private water service with a separate shut -off; (o) "Schedule" means the schedule or schedules of water rates. sewer rates, fees and charges attached to and forming part of this by -law and set out as Schedule of Rates. Fees and Charges; (p) (q ) ( r) (s) "Security deposit" means such amount of money as set out in the Schedule that is required to be deposited with the City as a condition of supplying or continuing to supply water to the premises: "Tenant" means anyone other than the owner who occupies any premises; "Treasurer "' means the Director of Finance for the City for the purpose of exercising any of the powers or duties of the Treasurer under this by -law and shall include any employee of the City authorized by the Treasurer to exercise any such powers or duties: "Water service" means the pipes and fixtures located in the allowance for any public highway. public street, public lanes. public alley or public thoroughfare and extending between the water main and the limit of such allowance and including the corporation cock. service pipe. curb stop. post and service box. used for the purpose of supply water from the distribution system to any premises. 7 Schedule `'A" to by -law No. 2007 -161 is amended by adding section 8.(c) follows: "(c) City supervised tapping fees 3/4 -5/8 up to and including 1" service 2" and above "(a) During normal working hours for arrears: (b) Outside normal working hours for arrears: ( c) During normal working hours for maintenance: (d) Outside normal working hours for maintenance: $100.00 flat rate $400.00 flat rate 8. Schedule "A "" to by No. 2007 -161 is amended by deleting section 9.(a) & (b) and inserting: $ 55.00 $175.00 $ 34.00 $175.00" 9. Section 4. of Schedule "A" to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: "4. Flat rates for a private water service not metered because of refusal of owner: Residential Premises After Due Date 3x the current flat rate per section 3. Other than Residential Premises After Due Date 3x the current service charge per section 1 plus 3x single month average of previous 7„ 12 months consumption history. or 3x the current service charge per section 1, plus, if no previous consumption history, 3x single month average of similarly sized account /type at the Engineers discretion" 10. Section 12.(c) of Schedule '`A" to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: "(c) Bulk water card purchase 11. Section 15. of Schedule '`A" to By -Law No. 2007 -161 is amended by deleting the section and replacing it with the following: 5/8" (15mm) 5/8 "x3 /4 "(15mm) 3/4" (18mm) 1" (25mm) 1.5" (37mm) (50mm) 3" (75mm) 4" (I OOmm) 6" (150mm) 4" (I OOmm) 6" (150mm) 8" (200mm) 12. Bylaw 2011 -088 is hereby repealed. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs positive displacement water meter & costs compound water meter & costs compound water meter & costs compound water meter & costs compound water meter & costs protectus compound water meter & costs protectus compound water meter & costs protectus compound water meter & costs August 15, 2011 August 15, 2011 August 15, 2011 Before Due Date 3x the current flat rate per section 3. Before Due Date 4% less than the After Due Date amount as calculated for ICI. section 4. 4% less than the After Due Date amount as calculated for ICI. section 4 $ 15.00 $ 199.40 $ 199.40 $ 233.64 $ 315.49 $ 605.78 $ 2,370.09 $ 3,283.54 $ 4.675.04 $ 8.504.95 $ 8,509.82 $10.206.35 $14,235.19 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of $23.805.195.59 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 23. 2011 to July 20, 2011. Passed this twenty -ninth day of August 2011. DEAN IORIFDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 29. 2011 August 29, 2011 August 29, 2011 CITY OF NIAGARA FALLS By -Iaw No. 2011 - A by -Iaw to repeal the by -law establishing the rates for the Visitor Transportation System (VTS). WHEREAS By -law 2011 -97 was passed on July 18, 2011 establishing rates for the Visitor Transportation System (VTS); and WHEREAS there were various outstanding matters in relation to an agreement between the Niagara Parks Commission (NPC) and the Corporation of the City of Niagara Falls (the "City "); and WHEREAS mediation between the NPC and City has lead to a new financial and operating model: and WHEREAS the rates and financial model as set out in By-law 2011-97 are no longer pertinent. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law 2011 -97 is hereby repealed. Passed this fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 15, 2011. August 15, 2011. August 15, 2011. CITY OF NIAGARA FALLS By -law 2011 - A by -law to authorize the execution of the 2011 - 2014 Collective Agreement with the Canadian Union of Public Employees and its Local 133. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 respecting remuneration. benefits and working conditions for the period January 1. 2011 to December 31. 2014. is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this 15' day of August. 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 15, 2011 August 15. 2011 August 15, 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 15 day of August. 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 15 day of August, 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 w here the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council. then this by -law shall be deemed for all purposes to be the by -law required for approving. authorizing and taking of any action authorized therein or thereby. or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required. and. except where otherwise provided. the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on 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 fifteenth day of August, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: August 15, 2011 August 15, 2011 August 15, 2011