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2011/10/24COUNCIL MEETING Monday, October 24, 2011 Order of Business and Agenda Package N iag araa11s COUNCIL MEETING October 24, 2011 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of October 3, 2011 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Autism Society of Ontario Tamara Coleman- Lawrie, Niagara Chapter Manager, will address Council on Autism Awareness. Consolidated Financial Statements Mark Palumbi, CA, Crawford Smith and Swallow, will respond to Council on the Corporation's Consolidated Financial Statements. -AND - F- 2011 -43, 2010 Consolidated Financial Statements Niagara Peninsula Conservation Authority Brian Wright, Coordinator, Source Water Protection will advise Council on draft policies to be implemented by the City of Niagara Falls under the Clean Water Act. 1 Chief Administrative Officer TS- 2011 -41 - Transportation Beyond Tomorrow 2031, Niagara Falls Sustainable Transportation Master Plan Doug Allingham, AECOM, will make a presentation on the results of the City's ongoing Transportation Master Plan study. 2. Chief Administrative Officer BDD- 2011 -09 - Combined VTS /Niagara Falls Transit Operations, Maintenance, and Storage Facility Public Meeting Official Plan Amendment No. 99 Garner South Secondary Plan Background Material: Recommendation Report PD- 2011 -72 -AND- Correspondence from Victor Labreche, Labreche Patterson & Associates Inc. Correspondence from Jeffrey Wilker, Thomson Rogers Public Meeting - 2 - TRANSPORTATION MATTERS PLANNING MATTERS AM- 2011 -007, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendments to Zoning By -law No. 79 -200 Background Material: Recommendation Report PD- 2011 -76 -AND- Correspondence from Victor Labreche, Labreche Patterson & Associates Inc. - 3 - MISCELLANEOUS PLANNING MATTERS 1 Chief Administrative Officer PD- 2011 -74 - Studio 55, Outstanding Site Plan & Related Matters 4114 Portage Road 2. Chief Administrative Officer PD- 2011 -75 Commercial Policy Review Survey of Major and Minor Commercial Districts MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Simo Bielich, Sam's Montrose Inn - requesting an Adult Entertainment licence for an adult entertainment parlour and related correspondence from the City Clerk. RECOMMENDATION: For the Consideration of Council 2 Downtown Board of Management - requesting free parking on Queen Street during the construction. RECOMMENDATION: For the Consideration of Council 3.a Public Library Board b Niagara Falls Museums Advisory Board - requesting filling the vacancies on the boards. RECOMMENDATION: For the Consideration of Council 4. Town of Fort Erie - requesting support of a resolution opposing centralization of the POA courts. RECOMMENDATION: For the Consideration of Council 5. United Way - request that Council support to fly the United Way flag at City Hall and the Gale Centre during the months of October and November RECOMMENDATION: For the Consideration of Council 6. Canadian Diabetes Association - Request that the month of November be proclaimed as " Diabetes Month" and November 14 2011 be recognized as " World Diabetes Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council - 4 - 7 Inspire Health - Request that Council proclaim November 2n 2011 as " Vitamin D Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 8. Early Years Niagara - Request that November 20 2011 be proclaimed as "National Child Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 9. Correctional Service Canada - Request that the week of November 13 - November 20, 2011 be proclaimed as " Restorative Justice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS RESOLUTIONS 1 THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft Plan of Vacant Land Condominium (26CD -11- 2007 -04) are minor in nature and do not require any further notice. 2. THEREFORE BE IT RESOLVED that City staff work with Niagara Falls Tourism, the Scotiabank Convention Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. - 5 - REPORTS 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. BDD- 2011 -10 - Association of Municipalities of Ontario, Request for Proposal to Host Annual General Meeting, Conference and Trade Show Events. F- 2011 -46 - 2010 Municipal Performance Measures F- 2011 -47- Municipal Accounts F- 2011 -48 - Monthly Tax Receivables Report MW- 2011 -43 - Bulk Sodium Chloride (Road Salt) MW- 2011 -30 - Municipal Backflow Prevention Program MW- 2011 -40 - All Saints Church Maintenance Agreement PD -2011- 77 - Matters Arising from Municipal Heritage Committee PD- 2011 -78 - 26CD -11- 2007 -04, Modification to a Draft Approved Plan of Vacant Land Condominium, 2700 Mewburn Road, Owner: Klein Building Company Limited BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -130 A by-law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 2011 -131 A by -law to amend the description of part of a highway previously closed by By -law No. 2009 -81 of the Corporation of the City of Niagara Falls. 2011 -132 A by -law to authorize the execution of a Maintenance Agreement with The Synod of the Diocese of Niagara, respecting the maintenance of the cemetery lands located at the All Saint's Anglican Church on Robinson Street in Niagara Falls. - 6 - 2011 -133 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2011 -134 A by -law to authorize the payment of $20,636,582.69 for General Purposes. 2011 -135 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24 day of October, 2011. NEW BUSINESS (10/17/2011) Teresa Fabbro - RE: October is Autism Awareness Month across Canada Page 1 From: Dean Iorfida To: Kristine Elia; Tamara Coleman- Lawrie CC: Jim Diodati; Teresa Fabbro Date: 9/29/2011 3:51 PM Subject: RE: October is Autism Awareness Month across Canada Sure. That's a possibility. I'll mark you in for that date, Tamara and will get back to you closer to the date. Thanks Dean »> 'Tamara Coleman- Lawrie" < chaptermgr .niagara ©autismontario,com> 9/29/2011 3:43 PM »> Hi Dean, What about the next council meeting in October, would I be able to do a short presentation regarding this matter on that date - I believe it is October 24th? Thanks, Tamara Coleman- Lawrie Niagara Chapter Manager Autism Ontario - Niagara Region Chapter 36 Page Street, Suite 401 St. Catharines, ON L2R 4A7 P: 905- 682 -2776 F: 905- 682 -5609 E: chaptermgr .niagaragautismontario.com See the potential. Visit us online at: www.autismontaric.comLniagara to make a donation or to learn more about how you can support Autism Ontario. Original Message From: Dean Iorfida imaiIto :diorfida ©niagarafails.cai Sent: September -29 -11 3:31 PM To: Tamara Coleman- Lawrie; Kristine Elia Cc: Jim Diodati; Teresa Fabbro Subject: RE: October is Autism Awareness Month across Canada Hi Tamara: My apologies. I was not aware of a deputation request associated with your proclamation request. Our agenda had already been completed by the time I received your email. Your correspondence is on the agenda listed under our Communications section and I trust that Council will approve it. I have included a copy of our Order of Business. You are free to attend, of course, but I would guess it might not be until about 8:00 p.m. by the time we get to Communications. If you choose to attend and I see you in the gallery, I will ask the Mayor to call on you when the matter appears on the agenda. Thanks Dean October 2011 Requested Proclamation AutismoNTARio October is Autism Awareness Month Across Canada October, 2011 Autism Spectrum Disorders (ASD) have seen a 600% increase in their diagnoses over the last 20 years, and currently affect the lives of 80,000 Ontarians, including an estimated group of over 5,000 Niagara Region individuals and their families. ASD affects 1 in every 110 children born, as well as their families, friends and communities. ASD affects all of us, regardless of race, economic and socio - cultural circumstances, education, or any other difference by which we are defined. ASD is a spectrum disorder, which means that it not only presents differently in every individual in whom it appears, but its characteristics will change over the life of each individual as well. This makes it even more difficult for society to understand the disorder — indeed, it is said that "if you've met one person with ASD, you've met one person with ASD ". A child with ASD will become an adult with ASD. Autism Ontario - Niagara Region Chapter is the strongest and most active chatpers across Ontario. We are a leading voice in our Region and a leading source of information and referral on autism, helping to support those affected by ASD with critical programming, services and advocacy. The mission of Autism Ontario is to ensure that each individual with ASD is provided the means to achieve quality of life as a respected member of society. Our vision is of acceptance and opportunities for all individuals with ASD. The key is to improve knowledge, understanding, compassion and progress through ASD awareness initiatives. The Niagara Region Chapter of Autism Ontario encourages and invites all Niagara Region members to observe October as Autism Awareness Month in an effort to raise public awareness, as well as much needed support. It is the Autism Ontario - Niagara Region Chanter's desire to have the following proclamation made at your October Council Meeting NOW THEREFORE, I, (Mayor /Regional Chair Name), on behalf of (City /Town /Region Name) Council, do hereby proclaim October, 2011 as "Autism Awareness Month" in the (City /Town /Region Name). It is only through ongoing awareness initiatives that individuals across the Niagara Region will begin to understand many of the children, youth, teens and adults that are affected by ASD. Through this proclamation, we can continue to drive awareness of ASD and help to support people in our communities. I thank you for your consideration of this proclamation request and encourage you to contact me should you have any questions. I can be reached at 905 - 682 -2776 or via email at chaptermgr .nagara @autismontario.com. Sincerely, Tamara Coleman- Lawrie Manager, Autism Ontario - Niagara Region Chapter F- 2011 -43 Niagaraaalls October 24, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2011 -43 2010 Consolidated Financial Statements RECOMMENDATION For the information of the Council. EXECUTIVE SUMMARY The City's auditors, Crawford, Smith & Swallow has completed the audit of the financial statements for the year ending December 31, 2010. This report is the presentation of those statements for Council's review and endorsement. The firm's audit partner will provide an overview of the Financial Statements for Council. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City's Financial Information Return (FIR) submission to the Province of Ontario. The statements reflect the requirements of PSAB 3150 for capital asset accounting. LIST OF ATTACHMENTS The audited Financial Statements are attached for the year ended December 31, 2010. Recommended by: Respectfully submitted: TH /Iw Todd Harrison, Direc /or of Finance Ken To Chief Administrative Officer CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2010 crawford smith Ag swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2010 Table of Contents Page Independent Auditors' Report 1 - 2 Consolidated Statement of Financial Position 3 Consolidated Statement of Operations and Accumulated Surplus 4 Consolidated Statement of Cash Flows 5 Consolidated Statement of Change in Net Financial Assets 6 Notes to Consolidated Financial Statements 7 - 24 Schedule of Segmented Reporting 25 - 26 Schedules of Tangible Capital Assets 27 - 28 Independent Auditors' Report - Trust Funds 29 - 30 Statement of Financial Position - Trust Funds 31 Statement of Financial Activities and Changes in Fund Balances - Trust Funds 32 Notes to Financial Statements - Trust Funds 33 - 34 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopier (905) 356 -3410 Offices in Niagara Falls, Ontarro St Catharines, Ontario Fort Erie, Ontario Niagara -on- the -Lake, Ontario Port Colborne, Ontario crawford smith fig, swallow INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario which comprise the consolidated statement of financial position as at December 31, 2010, and the consolidated statements of operations and accumulated surplus, change in net financial assets and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibilitv Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. 1 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2010, and the consolidated results of its operations, consolidated changes in net financial assets and its consolidated cash flows for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 14, 2011 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2010 Financial Assets - note 7 Cash Investments - note 3 Taxes receivable - note 4 Accounts receivable User charges receivable Long -term receivables Note receivable - note 5 Long -term investment - note 5 Long -term investment - note 6 Contingent Liabilities - note 16 Liabilities Temporary loan - note 7 Accounts payable and accrued liabilities Deferred revenue - obligatory reserve funds - note 8 Deferred revenue Other current liabilities Post - employment benefits - note 9 Net long -term liabilities - note 10 Net Financial Assets Non-Financial Assets Tangible capital assets Inventories and prepaid expenses Accumulated Surplus - note 11 Sign . on behal of the Municipalit ■ See accompanying notes Mayor Chief Administrative Officer crawford smith Z, swallow 2010 38,786,223 26,620,875 18,113,208 8,291,224 13,381,989 698,678 22,000,000 70,239,385 300,040 198,431,622 35,000,000 31,167,646 14,439,152 487,987 2,564,569 25,386,523 42,665,832 151,711,709 46,719,913 2009 S 48,548,138 26,547,895 16,760,794 6,247,016 12,881,301 522,378 22,000,000 67,934,338 1,353,254 202,795,1 14 28,477,426 29,168,928 13,727,990 307,927 1,212,194 23,833,116 30,099,414 126,826,995 7.5,968,119 629,561,282 571,160.049 923,223 1,091,820 630,484,505 572,251,869 677,204,418 648,219,988 3 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2010 Revenues Taxation - note 4 59.817,866 61,848,050 58371,552 User fees and charges 48,234,651 47,787,268 45.721,594 Government of Canada grants 2,500 15,425,679 15,786.884 3.210,232 5,409,539 7,520,475 374,042 154,351 180,000 273,554 158,217 3,043,000 2,758,471 2,784,796 1,815,000 2,968,552 3,969,112 2,633,333 2,633,333 2,600,000 Province of Ontario grants Other municipal grants Provincial Offences Act Interest and penalties Investment income Casino and gaming revenues Change in Niagara Falls Hydro Holding Corporation net equity - note 5 Niagara Convention & Civic Centre Inc. net income (loss) - note 6 Contributions from Obligatory Reserve Funds Other Gain on disposal of tangible capital assets Expenses General government Protection to persons and property Transportation services Environmental services Health services Social and family services Recreation and cultural services Planning and development Excess of Revenues Over Expenses Accumulated Surplus, Beginning of Year Accumulated Surplus, End of Year See accompanying notes crawford smith Z, swallow Budget 2010 2009 $ $ $ 2,305,047 2,192,371 (1,053,214) 289,099 8,093,216 7,420,972 2,496,040 3,606,583 3.217,690 1,709,855 1,332,743 121,432,622 154,139,975 151,519,856 14,813,904 17,417,547 20,982,361 31,406,388 1.861,168 13,164,543 5,423,541 105,069,452 16,363,170 648,219,988 664,583,158 11,347,508 19,922,190 32,287,904 37,782,553 1,411,723 853,262 16,295,814 5,254,591 125,155,545 28,984,430 648,219,988 677,204,418 11,869,479 17,905,764 29,491,890 35,051,044 1,853,874 503,122 13,999,019 5,490,845 116,165,037 35,354,819 612,865,169 648,219,988 4 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2010 Operations Excess of revenues over expenses Sources (Uses) Change in investments Change in taxes receivable Change in accounts receivable Change in user charges receivable Change in long -term receivables Change in inventories and prepaid expenses Change in temporary loans Change in accounts payable and accrued liabilities Change in deferred revenue - obligatory reserve funds Change in deferred revenue Change in other current liabilities Change in post- employment benefits Non -cash charges to operations Amortization of tangible capital assets Gain on disposal of tangible capital assets Net increase in cash from operations Capital Proceeds on disposal of tangible capital assets Acquisition of tangible capital assets Net decrease in cash from capital activities Investing Change in Niagara Falls Hydro Holding Corporation equity Change in Niagara Convention & Civic Centre Inc. equity Net decrease in cash from investing Financing • Long -term debt issued Long -term debt repaid Net increase in cash from financing Decrease in Cash Position Cash Position, Beginning of Year Cash Position, End of Year See accompanying notes crawford smith &, swallow 2010 28,984,430 (72,980) (1,352,414) (2,044,208) (500,688) (176,300) 168,597 6,522,574 1,998,718 711,162 180,060 1,352,375 1,553,407 8,340,303 16,148,575 (1,709,855) 14,438,720 51,763,453 (2,305,047) 1,053,214 (1,251,833) 15,929,441 (3,363,023) 12,566,418 (9,761,915) 48,548,138 38,786,223 2009 S 35,354,819 (1,977.077) 620.358 (1,914.421) (86,508) (65.957) (232,384) 22,479,193 6,682,948 (1,862.129) 113,852 (39.426) 1,793,745 25,512,194 14,800,598 (1,332,743) 13,467,855 74,334,868 2,028,812 1.645.913 (74,868,765) (77,474.740) (72,839,953) (75,828.827) (2.192,371) (289,099) (2,481,470) 2,959.604 (2,952,721) 6,883 (3,968,546) 52,516.684 48,548,138 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2010 2010 2009 $ $ Excess of Revenues over Expenses 28,984,430 35,354,819 Acquisition of Tangible Capital Assets (74,868,765) (77,474,740) Amortization of Tangible Capital Assets 16.148,575 14,800.598 Proceeds on Disposal of Tangible Capital Assets 2,028,812 1,645,913 Gain on Disposal of Tangible Capital Assets (1,709,855) (1,332,743) Change in Inventories and Prepaid Expenses 168,597 (232,384) Decrease in Net Financial Assets (29,248,206) (27,238,537) Net Financial Assets, Beginning of Year 75,968,119 103,206,656 Net Financial Assets, End of Year 46,719,913 75,968,119 See accompanying notes crawford smith C&, swallow 6 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality ") are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ( "PSAB ") of the Canadian Institute of Chartered Accountants with the exception of providing budget figures (note 15). (a) Basis of consolidation (i) These consolidated financial statements reflect the assets, liabilities, revenues and expenses of the operating fund, reserves, reserve funds and changes in investment in tangible capital assets. It includes the activities of all committees of council and the following boards, municipal enterprises and utilities which are under the control of council: Library Board Waterworks Operation Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Board of Museums Niagara Chair -A -Van Niagara Falls Hydro Holding Corporation Niagara Convention & Civic Centre Inc. The Niagara Falls Hydro Holding Corporation ( "NFHHC ") and Niagara Convention & Civic Centre Inc. ( "NCCCI ") are accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter - organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the annual income or loss of NFHHC and NCCCI in its "Consolidated Statement of Operations and Accumulated Surplus" with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC and NCCCI will be reflected as reductions in the investment asset account. crawford smith Z, swallow 7 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial - consolidated entity The following joint local board is proportionately consolidated. See note 14. Niagara District Airport Commission (Joint Board) (iii) Accounting for Region and School Board transactions The taxation, other revenues, expenses, assets and liabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated financial statements. (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the "Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances ". (b) Basis of accounting (i) Revenues and expenses are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Investments Investments consist of Government of Canada treasury bills and crown corporation bonds; provincial government bonds; and Canadian corporate bonds. Investments are recorded at the lower of cost plus accrued interest and market value. (iv) Non - financial assets Non - financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in non - financial assets during the year, together with the excess of revenues over expenses, provides the change in net financial assets for the year. Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition, construction, development and /or betterment of the asset required to install the asset at the location. (v) crawford smith C& swallow 8 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (v) Tangible capital assets - continued Amortization is recorded to reflect the cost, net of anticipated residual value. associated with the use of the asset in providing government services on a straight - line basis over the estimated useful Life of the asset. Assets under construction are not amortized until the asset is available for productive use, at which time they are capitalized. Gains and /or losses on the disposal of an asset is recorded on the "Consolidated Statement of Operations and Accumulated Surplus" as "gain /loss on disposal of assets ". Asset Class Period General Assets Land - NIL Land improvements - 10 -60 years Buildings - 15 -100 years Furniture and equipment - 10 -25 years Vehicles - 6 -25 years Infrastructure Environmental 30 -100 years Roads - 10 -75 years Water - 15 -100 years Tangible assets received as contributions are recorded at their fair market value at the date of receipt and are also recorded as revenue. Similarly, transfers of assets to third parties are recorded as an expense equal to the net book value of the asset as of the date of transfer. The historical cost of works of art or historical treasures has not been assigned to these assets nor disclosed in the consolidated financial statements. (vi) Inventories Inventories are valued at average cost. (vii) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (viii) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, eligibility criteria are met, and reasonable estimates of the amounts can be made. crawford smith A, swallow 9 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31. 2010 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (ix) Use of estimates The preparation of the financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. 2. Operations of School Boards and the Region of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region of Niagara are comprised of the following: School Boards Region 2010 2009 2010 2009 $ $ $ S Taxation and user charges 44,736,066 44.002,517 68,625,761 67,178,787 Payments -in -lieu of taxes 3,218 3,251 6,875,601 7,199,181 Amounts received or receivable 44,739,284 44,005,768 75,501,362 74,377,968 Requisitions 44,739.284 44,005,768 75,501,362 74,377,968 Overlevies (Underlevies) at the end of year 3. Investments Investments have a book value of $ 26,620,875 ($ 26,547,895 - 2009) and a market value of $ 26,752,539 ($ 26,748,950 - 2009). crawford smith C8, swallow 10 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 4. Tax Receivables and Revenues Property tax billings are prepared by the Municipality based on an assessment roll prepared by the Municipal Property Assessment Corporation ( "MPAC "). The property tax receivables and tax revenue of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The Municipality has established an allowance for doubtful accounts in the amount of $ 920,000 (S 920.000 - 2009). The Province of Ontario instituted a mandatory capping program through the provisions of Bill 79, which limited assessment related increases to 10% in 1998, and an additional 5% in each of 1999 and 2000. Multi - residential, commercial and industrial property owners experiencing decreases were also capped at appropriate levels to fund the phasing -in of increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The legislation limits assessment related increases in property tax bills to 5%. crawford smith CtK, swallow 11 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 5. Investment in Niagara Falls Hydro Holding Corporation Statement of Financial Position Current assets Capital assets Other assets Total Assets Current liabilities Other liabilities Note payable Long -term debt Non - controlling. interest - see below Total Liabilities and Other Net Assets Statement of Financial Activities Revenues Operating expenses Net income before non - controlling interest Non - controlling interest - see below Net income Change in accounting policy - see below Change in NFHHC Net Equity crawford smith &, swallow 2010 41,256,479 43.557,883 118,189,002 114,309,200 4,770,620 3,541.593 164,216,101 29,082,178 30,804,275 10,712,423 12,894,067 22,000,000 22,000,000 15,751,245 11,863,745 16,430,870 15,912,251 93,976,716 70,239,385 135,653,360 132,702,194 2,951,166 646,119 2,305,047 2,305,047 2009 161,408,676 93,474.338 67,934,338 124,524,457 121,520,235 3,004,222 681,519 2,322,703 (130,332) 2,192,371 On January 1, 2008. Niagara Falls Hydro Inc. ( "NFHI ") acquired Peninsula West Utilities Limited ( "PWUL ") by way of amalgamation pursuant to a Merger Agreement dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ( "NPEI "). Niagara Falls Hydro Holding Corporation received 74.5% of the issued and outstanding common shares of NPEI. Effective January 1, 2008, NPEI adopted the CICA Handbook Section 3465 - Income Taxes in order to account for future payments in lieu of corporate income taxes. 12 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 6. Investment in Niagara Convention & Civic Centre Inc. Statement of Financial Position Current assets Capital assets Total assets Current liabilities Net Assets crawford smith Z, swallow 2010 2009 $ S 1.589,978 1,331.707 112,309 96,091 1,702,287 1,427.798 1,402,247 74,544 300,040 1,353,254 Statement of Financial Activities Revenues 1,326,113 1,143,723 Operating expenses 2,379,327 854,624 Net Income (Loss) (1,053,214) 289,099 The Niagara Convention & Civic Centre Inc. (operating as Scotiabank Convention Centre) (the "Centre ") was incorporated in January, 2006 under the laws of the Province of Ontario. The Centre is owned 100% by the Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area. The Centre was organized to obtain financing for a convention and civic centre facility to be owned by the Corporation of the City of Niagara Falls, Ontario. The Centre will operate the facility on a non - profit basis with any potential operating shortfalls or future capital requirements covered by a S 16,840,000 fund established primarily by the Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area, as well as the Corporation of the City of Niagara Falls, Ontario Victoria/Centre Business Improvement Area, the Niagara Parks Commission and the Niagara Falls Bridge Commission. The Centre opened on April 8, 2011. 13 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 6. Investment in Niagara Convention & Civic Centre Inc. - continued The Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area is committed to funding the Centre $ 15,000,000, the Corporation of the City of Niagara Falls, Ontario Victoria/Centre Business Improvement Area is committed to funding the Centre S1,500,000, the Niagara Parks Commission is committed to funding the Centre S 375,000, subject to certain criteria being met on an annual basis and the Niagara Falls Bridge Commission is committed to funding the Centre $ 125,000. All amounts are payable over fifteen years. The construction of the Centre is expected to cost approximately $ 84,600,000. This is to be funded through grants to be received from various sources. S 35,000,000 has been committed by the Federal Government, of which $ 28,938,025 has been received as at December 31, 2010 (2009 - $ 14,391,834). $ 35,000,000 was committed and received from the Province of Ontario and S 14,600,000 was received from Fallsview Management Corporation, both, as at December 31 2009. 7. Credit Facilities The Municipality has an authorized operating loan due on demand of $ 15,500,000 ( "Facility #1 ") bearing interest at prime less 0.5% to assist with general operating requirements and to finance current expenditures. An authorized revolving term loan due on demand of S 35,000,000 ( "Facility #2 ") bearing interest at 2.18% to assist in financing construction of a new four pad arena complex. A credit facility of $ 2,000,000 ( "Facility #3 ") related to commercial cards & /or Scotia VISA business cards whose availment and interest rate are per cardholder agreement. An authorized revolving term loan due on demand of $ 1,000,000 ( "Facility #4 ") bearing interest at prime less 0.25% to assist in financing the Community Improvement Program. As at December 31, 2010, $ 35,000,000 has been drawn on Facility #2 and NIL has been drawn upon for Facilities #1 and #4. All credit facilities are secured by a borrowing by- law /resolution(s) containing a pledge of revenues and a general security agreement. S. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2% Parkland dedication Public purpose Federal gas tax rebate - transit Provincial gas tax rebate - transit Discounted development charges Non- discounted development charges crawford smith 1, swallow 2010 2009 $ $ 1,166,525 1,053.368 408,778 447,577 2,248,284 3,161.124 347,923 345.637 2,133,978 2.873.051 8,133,664 5,847233 14,439,152 13,727,990 14 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 9. Post - Employment Benefits Post - employment benefits Accumulated sick leave WSIB - Schedule II future liability Vacation pay Post- Employment Benefits and Accumulated Sick Leave The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post - retirement costs in the period in which the employees renders the services. As a result of actuarial valuations on post - employment benefits, it was determined that actuarial gain of $ 1,060,449 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is S 918,738. The actual obligation is $ 15,351,879. Under the Municipality's sick leave benefit plan, unused sick leave can accumulate and employees may become entitled to a cash payment when they leave the Municipality's employment. As a result of actuarial valuations on the accumulated sick leave liability, it was determined that actuarial loss of $ 278,121 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 226.240. The actual obligation is $ 4,567,099. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2010 is $ 1,236,421 ($ 1,201,796 - 2009). The liabilities for post - employment benefits and accumulated sick leave as reelected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 5.25% and an inflation rate of 3%. Workplace Safety and Insurance Board - Schedule II Future Liability The Municipality has elected to be treated as a Schedule II employer and as such. is required to remit payments to the Workplace Safety and Insurance Board ( "WSIB ") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 5.25% and an inflation rate of 390. As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 3,271,876 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is S 2,768,510. The actual obligation is S 6,077,767. A reserve fund has been established for this liability. The balance as at December 31, 2010 is S 786,217 (.$ 588,079 - 2009). The next valuation for all benefit groups is for the year ending December 31. 2011. crawford smith & swallow 2010 2009 $ S 16,270,617 15.436,525 4,340,859 4,057.347 3,309,257 2,960.974 1,465,790 1.378.270 25,386,523 23,833,116 15 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 9. Post - Employment Benefits - continued Vacation Pay As at December 31, 2010, employees of the Municipality have accumulated vacation pay credits in the amount of $ 1,465,790 (S 1,378,270 - 2009). Any unused credits may be carried forward to future years. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ("OMERS "), which is a multi - employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2010 was $ 2,761,629 (S 2,722,450 - 2009) for current services. 10. Net Long -Term Liabilities (a) The balance of net long -tern liabilities reported on the "Consolidated Statement of Financial Position" is made up as follows: Total long -term liabilities incurred by the Municipality including those incurred on behalf of school boards, other municipalities and municipal enterprises and outstanding during the year is Net long -term liabilities, end of year 2010 2009 $ $ 42,665,832 30,099,414 42,665,832 30,099,414 (b) Of the net long -term liabilities reported in (a) of this note, principal payments are due as follows: 2011 4,445,515 2012 4,293,524 2013 4,089,804 2014 3,777,678 2015 3,429,782 Thereafter 22,629,529 crawford smith A, swallow 16 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 10. Net Long -Term Liabilities - continued (c) The long -term liabilities in (a) issued in the name of the municipality have received approval of the Ontario Municipal Board for those approved on or before December 31. 1992. Those issued after January 1, 1993 have been approved by by -law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of S 1,703,704 ($ 1.520,646 - 2009) are included on the "Consolidated Statement of Operations and Accumulated Surplus ", classified under the appropriate functional expense heading. 11. Accumulated Surplus Invested in tangible capital assets Operating fund Reserves and reserve funds Niagara Falls Hydro Holding Corporation net equity Niagara Convention & Civic Centre Inc. net equity Amount to be recovered - post - employment benefits Amount to be recovered - net long -term liabilities crawford smith A8, swallow 2010 602,795,762 6,400,904 43,520,682 92,239,385 300,040 745,256,773 (25,386,523) (42,665,832) (68,052,355) 2009 543,182,1 17 5.543,214 62,139.595 89934.338 1.353.254 702,152,518 (23,833,116) (30,099,414) (53,932.530) 677,204,418 648,219,988 17 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 11. Accumulated Surplus - continued (a) Operating fund balance 2010 2009 $ s For general reduction of taxation 657,814 645,168 For general reduction of user charges respecting waterworks 886,485 881,398 For general reduction of user charges respecting sewers 1,669,442 1 ,646,528 For general use by Library Board 146,239 147,739 For general use by the Business Improvement Areas 2,577,337 1,792,642 For general use by the Board of Museums 275,530 240,194 For general use by Airport Commission 188,057 189,545 (b) Reserves and reserve fund balances Reserves set aside by council for specific purposes: Special purposes Working capital Sewage capital Water capital Total Reserves crawford smith &, swallow 6,400,904 5,543,214 2010 2009 $ $ 18,635,837 265,000 947,163 2,568,532 22,416,532 16,382,177 265,000 1,317,163 1,418,532 19,382,872 18 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 11. Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued 2010 2009 Reserve Funds set aside by council for specific $ S purposes: Licence agreements - 40 years 35,312 39,740 Sick leave liability 1.236,421 1,201.796 Lundy's Lane Battlefield debt retirement 15,947 30,269 WSIB - Schedule II 786,217 588.079 Fire station #5 debt retirement 19,425 Recreation trail development 73,071 71,155 Capital /Operations - see note 13 7,155,847 7,233,232 Tree planting - developers 1,285 1,278 Park development 17,483 17,382 Sewer and water impost 1,388,046 1,348,168 Expansion and renewal 238,902 232.305 Drainage 667,305 647,940 Prepaid works projects contributions 210,859 205,062 Sidewalk construction 344,073 303.929 Future municipal works 861,048 836.368 Lot drainage 168,861 164.280 Library funds 978,891 995,628 Sanitary 410,445 399,059 Sports fund 4,960 4,931 Projects - special needs children 15,642 15,551 Parking 585,705 569,323 Collins /Toby debt retirement 11,020 20,898 Coat of Arm's 2,286 2,272 Lundy's Lane business improvement purposes 117,056 307,466 Board of Museum purposes 171,967 161.416 Niagara Tunnel Community Improvement 147,331 305,788 Water patrol boat 32,470 32,281 Branscombe Family Grant 3,734 3.713 Convention Centre 5,161,887 26,703,386 Fire department radios debenture 48,479 56.522 Fire department aerial firetruck debenture 140,250 158.685 Niagara Sports Foundation 356 967 Chippawa Arena debenture surplus 38,306 42,319 Kalar Park turf debenture surplus 32,688 36,110 Total Reserve Funds 21,104,150 42,756,723 Total Reserves and Reserve Funds 43,520,682 62,139,595 crawford smith &, swallow 19 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 11. Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity (d) Niagara Convention & Civic Centre Inc. net equity 12. Trust Funds Niagara Falls Hydro Holding Corporation net equity 92,239,385 89,934,338 Niagara Convention & Civic Centre Inc. net equity 2010 2009 $ s Trust funds administered by the Municipality amounting to $ 3,017,949 (S 2,933,212 - 2009) have not been included in the "Consolidated Statement of Financial Position" nor have their operations been included in the "Consolidated Statement of Operations and Accumulated Surplus ". 13. Contractual Obligations and Commitments 2010 2009 $ S 300,040 1,353,254 Capital Expenditures The estimated future capital expenditures based on projects in progress at December 31, 2010 is approximately $ 38,111.543 ($ 114,399,746 - 2009) after deducting the expenditures incurred as at December 31, 2010. These projects will be financed by grants, subsidies and long -term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN /CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by May 2012. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN /CP prior to May 2012. The Municipality has set aside a reserve fund (Capital /Operations) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN /CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until May 2012. Loan Guarantee In 2010. the Municipality guaranteed a $ 400,000 line of credit for the Winter Festival of Lights. This credit is to be reduced by S 100,000 annually beginning in 2011 and each year thereafter. crawford smith A, swallow 20 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 14. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2010 2009 $ S Niagara District Airport Commission 89,291 89,291 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 36%. 15. Budget Figures The approved operating budget for 2010 is reflected on the "Consolidated Statement of Operations and Accumulated Surplus ". These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project - oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected. Budget figures have been reclassified to comply with PSAB reporting requirements. 16. Contingent Liabilities The Municipality has been named as one of several defendants in a legal action seeking $ 20,000,000 for loss or damage to property and lost revenue. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 15,000,000. The Municipality is also being sued for aggravated and punitive damages in the amount of $ 5,000,000. There is no insurance coverage for punitive damages. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. The Municipality has been named as one of several defendants in a legal action seeking $ 21,200,000 for general and special damages. The Municipality's maximum insurance coverage per claim at the time of the suit was S 20,000,000. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. No provision for possible loss has been included in these consolidated financial statements. As at December 31, 2010, the Municipality has certain other legal claims outstanding. It is management's assertion that adequate insurance coverages are in effect for the settlement of these claims, if necessary. crawford smith 6, swallow 21 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 17. Change in Accounting Policies Effective January 1, 2009, the Municipality retroactively restated the prior year figures to include certain tangible capital assets previously omitted. Non - Financial Assets Tangible capital assets Accumulated Surplus Invested in tangible capital assets Revenues Gain on disposal of tangible capital assets Expenses General government Protection to persons and property Transportation services Environmental services Health services Social and family services Recreation and cultural services Planning and development Consolidated Statement of Cash Flows Amortization of tangible capital assets Acquisition of tangible capital assets Gain on disposal of tangible capital assets Consolidated Statement of Change in Net Financial Assets Amortization of tangible capital assets Acquisition of tangible capital assets Gain on disposal of tangible capital assets crawford smith X28, swallow Prior 5 552,608,478 524,630,546 1,348,773 12,494,575 17,800,423 29,679,256 34,727,227 1,854,090 513,198 14,422.624 5,531,402 14,311,919 (76,128,303) 1,348,773 14,311,919 (76,128,303) 1,348,773 As Restated S 571,160,049 543,182.1 17 1,332.743 11,869,479 17,905,764 29,491,890 35,051,044 1,8.53,874 503,122 13,999,019 5,490,84_5 14,800,598 (77,474,740) 1.332,743 14,800,598 (77,474,740) 1,332,743 7-) CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 18. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide political governance, administrative executive management and those expenses and revenues which are corporate in nature and cannot be easily apportioned to other departments. Reported in this functional area are departments such as Council, Clerks, CAO, Finance, Human Resources, Legal, Information Systems and Capital Assets. Protection Reported in this functional area are Fire and Building Services. The mandate of Fire Services is to provide emergency services through a range of services to protect the lives and property of the inhabitants of the Municipality. The mandate of Building Services is to inform and assist customers to ensure safe and orderly development and provide efficient delivery of building approvals, inspections and management systems. Transportation Reported in this functional area are Roads and Works and Transit Services. The mandate for Roads and Works is to provide quality road and traffic maintenance and operations to the residents and businesses of the Municipality. This area is also responsible for winter control. The mandate of the Transit is to provide a safe, reliable, convenient and efficient public transportation system within the urban area. Environment Reported in this functional area are Sanitary, Storm and Water Systems. The mandate is to provide a safe and reliable water resource system and is responsible for the maintenance and operation of the systems and monitoring and administering environmental programs. Health Reported in this area is Cemetery Services. The mandate is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks department is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture departments are responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. crawford smith 68), swallow •• CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2010 19. Segmented Reporting - continued Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development department is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenues and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note 15 for a discussion on the budgeted figures provided. crawford smith 68, swallow 24 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2010 See accompanying notes General General General Government Government Government Protection Protection Protection Transportation Transportation Transportation Environment Environment Environment 2010 2010 2009 2010 2010 2009 2010 2010 20(19 2010 2010 2009 Budget Actual Actual Budget Actual Actual Budget Actual Actual Budget Actual Actual $ $ $ $ $ $ $ $ $ $ $ $ Revenues Taxation 59,817,866 61,848,050 58,371,552 User fees and charges 604,060 878,048 834,742 1,649,232 1,273,188 1,813,374 3,966,611 4,146,227 4,678,760 39,721,205 38,990,901 36,200,224 Government grants 2,9033)00 16,589,735 18,980,688 - 50,000 3,082,439 563,496 - 2, 3,494,357 Other 7,683,333 9,431,519 10,094,669 70,051 310,552 1,743,220 7,035,186 5,637,109 90,000 958,522 1,841,728 Government business enterprises 1,251,833 2,481,470 Gain on disposal of capital assets 483,106 1,388,826 7,731 4,954 959,140 (211,225) - 74,251 (8,45(1 71,008,259 90,482,291 92,151,947 1,649,232 1,350,970 2,128,880 5,759,831 15,222,992 10,668,140 39,811,205 40,025,886 41,527,859 Expenditures Salaries and wages 8,6753)82 8,583,730 8,378,231 15,729,660 16,497,495 15,013,267 13,187,776 14,077,887 13,538,345 3,373,346 3,520,746 3,221,270 Operating materials and supplies 5,104,876 3,833,504 4,686,591 795,819 1,546,375 982,925 4,812,150 6,386,481 5,110,085 882,687 1,350,023 888,108 Contracted services 771,028 1,298,539 1,210,824 68,020 73,909 49,058 2,4903)62 3,220,009 2,661,702 26,662,379 24,945.661 23,598,328 Rents and financial expenses 195.100 194,851 170,814 135,200 131,674 78,814 24,738 35,249 33,241 390,000 215,548 143,713 lnterfunctional transfer (3,252,888) (3,225,153) 491,642 611,321 - 1,950,144 1,764,911 388,898 486,778 External transfer - 4,365 123,867 452,542 452,542 452,542 89,291 103,296 89.403 - Amortization 622,201 448,134 503,758 490,587 - 6,158,687 5,898,942 7,036,612 6,598,468 Debt service 67,818 63,206 76,171 236,306 224,795 227,250 378,344 356,151 395,261 97,976 3253)65 114,379 14,813,904 11,347.508 11,869,479 17,417,547 19,922,190 17,905,764 20,982,361 32,287,904 2 9,491,890 31.406,388 37,782,553 35,051,044 56,194,355 79,134,783 80,282,468 (15,768,315) (18,571,22(1) (15,776,884) (15,222,530) (17,064,912) (18,823,750) 8,404,817 2,243,333 6,476,815 crawfoxrl smith C3 swallow 25 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2010 Recreation/ Recreation/ Recreation/ Planning/ Planning/ Planning/ Health Health Health Culture Culture Culture Development Development Development Total Total "focal 2010 2010 2009 2010 2010 2009 2010 2010 2009 2010 2010 2009 Budget Actual Actual Budget Actual Actual Budget Actual Actual Budget Actual Actual $ $ $ $ $ $ $ $ $ $ $ Revenues Taxation 59,817,866 61,848,050 58,371,552 User fees and charges 398,928 384,097 2,186,543 1,837,673 1,661,394 107,000 262,303 149,002 48,234,651 47,787,268 45,721,593 Government grants - 199,732 1,521,716 226,886 60,000 13,158 196,283 3,212,732 21,209,260 23,461,710 Other 138,592 223,229 644,820 2,497,646 1,114,420 6,000 202,193 929,081 10,167,373 20,333,709 20,150,788 Government business enterprises 1,251,833 2,481,470 Gain on disposal of capital assets - 180,771 163,307 - 4,856 (4,669) 1,709,855 1,332,743 718,291 770,633 3,031,095 5,861,891 2,998,031 173,000 477,654 1,274,366 121,432,622 154,139,975 151,519,856 Expenditures 5 daries and wages 1,176,690 1,328,598 1,366,142 8,663,345 8,091,144 8,165,720 1,747,030 1,713,960 1, 731, 285 52,552,929 53,813,560 51,414,260 Operating_ materials and supplies 128,645 223,303 327,077 3,133,721 4,808,669 3,014,177 129,961 82,679 99,163 14,987,859 18,231,034 15,108,126 Contracted services 91,500 90,640 77,498 220,470 220,069 236,166 22,500 73,373 128,773 30,325,959 29,922,200 27,962,349 Rents and financial expenses 12,350 22,192 22,698 106,600 97,313 95,623 30,000 358,265 362,912 893,988 1,055,092 907,815 Inter( unctional transfer 99,434 83,809 318,333 269,321 - 4,437 9,013 External transfer 451,983 448,983 428,121 331,554 320,371 230,803 3,494,050 2,951,823 3,126,507 4,819,420 4281,380 4,451,243 Amortization - 51,835 51,651 - 1,705,428 1,279,624 70,054 33,192 16,148,575 14,800,598 Debt service - - 708,853 734,487 707,585 - - 1,489,297 1,703,704 1,520,646 1,861,168 2,264,985 2,356,996 13,164,543 16,295,814 13,999,019 5,423,541 5,254,591 5,490,845 105,069,452 125,155,545 116,165,037 See accompanying notes (1,861,168) (1,546,694) (1,586,363) (10,133,448) (10,433,923) (11,000,988) (5,250,541) (4,776,937) (4,216,479) 16,363,170 28,984,430 35,354,819 craw!»eJ smith 6 swallow 26 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2010 Infrastructure Environmental 397,139,298 11,621,415 Roads 171,682,162 1,158,387 Water 106,925,710 840.646 575,747,170 13,620,448 Work in Progress December 31, 2010 See accompanying notes Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value General Land 2,962,498 3,718,353 285,001 6,395,850 6,395,850 Land improvements 7,530,498 2,467,924 45,515 9,952,907 3,487,221 308,411 44,605 3,751,027 6,201,880 Buildings 40,407,376 33,941.474 74,348,850 15.992,964 962,593 16,955,557 57,393,293 Furniture and equipment 7,224,490 2,701,816 362,284 9,564,022 3,722,905 1,000,523 362,284 4,361,144 5,202,878 Vehicles 32,501,011 978,734 702,792 32,776,953 16,425,415 2,285.360 697,237 18,013,538 14,763,415 90,625,873 43,808,301 1,395,592 133,038,582 39,628,505 4,556,887 1,104,126 43,081,266 89,957,316 408,760,713 127,469,454 5,215,833 92,351 172,748.198 84,498,819 4,642,960 14,162 1(17,752,194 37,014,087 1,732,895 106.513 589,261,105 248,982,360 11,591,688 79,02 2 60.495,026 428,766,079 93,397,871 17,440,016 110,837,887 110,837,887 859,770,914 74,868,765 1,502,10.5 933,137,574 288,610,865 16,148,575 1,183,148 303,576,292 629,561,282 crawford smith Z, swallow 132,685,287 276,075,426 7 I ,815 89,069,964 83,678,234 7,207 38,739,775 69,012,419 27 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2010 Work in Progress December 31, 2009 See accompanying notes Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value General Land 2,8 17,376 145,135 13 2 ,962,498 2 ,962,498 Land improvements 6,658,151 972,310 99,963 7,530,498 3,335,340 238,775 86,894 3,487,221 4,043,277 Buildings 39,794,881 612,495 40,407,376 15,372,666 620,298 15,992,964 24,414,412 Furniture and equipment 6,366,695 1,360,143 502,348 7,224,490 3,439,256 785,997 502,348 3,722,905 3,501,585 Vehicles 27,868,917 6,244,381 1,612,287 32,501,011 15,984,388 2,046,408 1,605,381 16,425,415 16,075,596 83,5061)20 9,334,464 7 ,214,611 90,62.5,873 38,131,650 3,691,478 2,194,623 39,628,505 50,997,368 Infrastructure Environmental 39.5,640,072 1,646,041 146,815 397,139,298 122,746,1 17 4,792,291 68,954 127,469,454 269,669,844 Roads 167,266,710 5,279,570 864,118 171,682,162 80,549,613 4,601,701 652,495 84,498,819 87,183,343 Water 1 05,711,195 1 ,277,290 62,775 1 06,925,710 35,358,036 1,71 5,128 59,077 37,01 4,087 69,911 ,623 568,617,977 8,202,901 1,073,708 575,747,170 238,653,766 11,109,120 780,526 248,982,360 426,764,810 33,460,496 59,937,375 93,397,871 93,397,871 785,584,493 77,474,740 3,288,319 859,770,914 276,785,416 14,800,598 2,975,149 288,610,865 571,160,049 crawford smith C.&, swallow 2S Crawford, Smith and Swallow Chartered Accountants LLP 4741 Oueen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopier (905) 356 -3410 Offices in Niagara Falls, Ontario St Catharines Ontario Fort Ere, Ontario Niagara -on- the -Lake. Ontario Port Colborne. Ontario crawford smith fig, swallow INDEPENDENT AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying financial statements of the trust funds of the Corporation of the City of Niagara Falls, Ontario, which comprise the statement of financial position as at December 31, 2010 and the statement of financial activities and changes in fund balances for the year then ended and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment. including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 29 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the trust funds of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2010 and the continuity of trust funds for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 14, 2011 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 30 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 2010 Assets Cash 614.423 18,082 584.119 Investments note 2 Federal 540,193 540.193 Provincial 993,807 993.807 Corporate 1.054,304 1,053,104 2,588,304 2,587,104 GST /HST receivable Liabilities and Fund Balances Due to operating fund Fund balances See accompanying notes Ontario Horne Cemetery Renewal Perpetual Total Plan Care Other S S S S 128 128 3,202,855 18,082 3,171,351 13,422 184.906 3,017.949 18,082 crawford smith swallow 184,894 2 ,986,457 12.222 1,200 1,200 12 13,410 3,202,855 18,082 3,171,351 13,422 31 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2010 Balance, Beginning of Year Expenditures Bad debts - OHRP loan receivable 1,424 Bank charges 17 Cemetery care 115,632 Paid to Mr. Ted Salci campaign 3,336 Paid to Mr. Wayne Thomson 5,720 Paid to Ms. Janice Wing 1.684 Transfer to operating fund 32,102 Balance, End of Year See accompanying notes Ontario Home Cemetery Renewal Perpetual Total Plan Care Other S S S S 2,933,212 19,372 2,858.858 54,982 Receipts Cemetery lot receipts 127,599 127,599 Interest 116,433 134 115,542 757 Land sale deposits 620 620 244,652 134 243,141 1,377 1.424 159.915 1,424 crawford smith aQ, swallow 115,542 17 90 3.336 5.720 1,684 32.102 115,542 42,949 3,01 7,949 18,082 2,986,457 13,410 32 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2010 1. Basis of Accounting Receipts and disbursements on the statement of continuity are reported on the cash basis of accounting, with the exception of revenue derived from cemetery lot sales due to the Cemetery Perpetual Care Fund which has been accrued at year end. 2. Investments Trust fund investments of $ 2,588,304 ($ 2,462,056 - 2009) are recorded on the "Statement of Financial Position" at the lower of cost or market. The market value as at December 31. 2010 is S 2,719,791 ($ 2,510,395 - 2009). 3. Ontario Home Renewal Program The Ontario Home Renewal Program was established by the Ontario Ministry of Housing in 1973 to provide grants for municipalities to make loans to assist owner occupants to repair, rehabilitate and improve their homes to local property standards. Individual loans are limited to $ 7,500 of which the maximum forgivable portion is $ 4,000. On July 13, 1993, the Ontario Home Renewal Program was discontinued. The municipality ceased issuing new loans as of this date and is required to remit the balance of the trust account to the Ontario Ministry of Housing by March 1, 1994. Loan receivables collected in each subsequent calendar year after 1993 must be remitted to the Province by March 1st of each year. In the event of the sale or lease of the home or in the event of the homeowner ceasing to occupy the home, the balances of the repayable loans and the unearned forgivable loan immediately become due and payable by the homeowner. crawford smith A, swallow 33 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2010 4. Other Trust Funds 2010 2009 S S Trust for land sales 215 31.058 Trust for Mr. Ted Salci 3.328 Trust for Mr. Wayne Thomson 5,713 Trust for Ms. Janice Wing 1,688 Riffs Estate 500 500 W. Doran Estate 1,000 1,000 Moore Estate 1,200 1.200 McNiven Estate 500 500 McDonald Estate 400 400 Woodruff Estate 8,295 8,295 Coulsen Estate 300 300 Wilson Estate 500 500 C. J. Doran Estate 500 500 13,410 54,982 crawford smith A, swallow 34 City of Niagara Falls Municipal Works Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: October 24, 2011 and Members of Municipal Council FROM: Geoff I lolman, C.E.T. Director of Municipal Works Ext. 4219 RE: Niagara Falls Water Treatment Plant Source Protection Plan Policies Our File: G -210 -1 At your meeting on October 24, 2011 you will be receiving a deputation from Mr. Brian Wright. Source Water Protection Coordinator, Niagara Peninsula Conservation Authority (NPCA), explaining the draft policies and inviting your comments. These policies will help to ensure that future significant threats are mitigated by adapting significant Official Plan and Zoning By -Law amendments that affect the Intake Protection Zone (IPZ) near the raw water supply line to the Niagara Falls Water Treatment Plant. While staff are supportive of the initiative we would like to understand more clearly what the adoption of these policies would mean with respect to the City's plan to: • Continue the implementation of its Weeping Tile Removal Assistance Program (WRAP) • Stormwater Management Plan, and • Niagara Falls Pollution Control Plan Staff are preparing more concise comments prior to the November 10, 201 1 deadline and hope to have most of the concerns resolved at the staff level. At this time however we are recommending that any firm decision on the adoption of these policies be deferred until they can be suitably considered in the context of the Pollution Control Plan and Stormwater Master Plan scheduled for review in the next two years. There are no existing significant threats in the proposed IPZ. The draft policies are proposed to prevent impacts in the future. Accordingly, would be appropriate to pursue this initiative in the context of future planning studies. RECOMMENDATION: That Council receive the presentation by the NPCA and that staff provide the appropriate comments to the NPCA by the November 10t deadline. Geoff Holman, C.E.T. GH /DI /st Director of Municipal Works Attachment: Letter from NPCA dated Oct. 5, 2011 Working Together to Serve Our Community DRINKING WATER Nia Peninsula Source Protection Area City of Niagara Falls Mr. Dean Iorfida, Clerk 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 October 5, 2011 RE: Significant Drinking Water Threat DRAFT Policies to be implemented by City of Niagara Falls, as required under the Clean Water Act. Dear Mr. lorfida: CONSERVATION We are writing to notify you that the Niagara Peninsula Source Protection Committee (SPC) has begun preparing the Source Protection Plan (SPP) to protect the municipal drinking water sources for the Niagara Falls Water Treatment Plant. The SPP will include policies that not only address existing significant threats, but will prevent any new significant drinking water threats in the future. This letter serves as a notice for the purposes of Ontario Regulation 287/07 made under the Ontario Clean Water Act, 2006. You are receiving this notice because your municipality will be responsible for implementing a number of the proposed SPP policies. More specifically the policies impacting your municipality pertain to significant threats that may occur in the primary intake protection zone (IPZ -1) that is associated with the Niagara Falls Water Treatment Plant (WTP). (See attached map.) More details are provided in the assessment report which can be found at the following website: http:// www .sourceprotection- niaciara.ca /assess report.html . The policies that your municipality will be responsible for implementing, concern four categories of prescribed threat activities that have been identified in our Assessment Report as significant drinking water threats in the Niagara Falls IPZ -1. These are: • Threat Category 2A: Storm water management; • Threat Category 2B: Wastewater treatment plants and sewer systems; • Threat Category 3: Application to land of agricultural source material (ASM); • Threat Category 4: Storage of agricultural source material (ASM); and • Threat Category 21: Lands used for livestock grazing /pasturing, farm animal yards and outdoor confinement areas. As part of the pre - consultation requirement (under sections 35 and 37 of O.Reg. 287/07), we ask that you review and provide comment on the attached policies for future significant threats (Table 1). Additional details on these policies and the rationale for the policies are also provided in Table 1. The City of Niagara Falls is being pre - consulted because we are eager to engage your municipality in the review of the draft policies prior to public posting. Page 1 of 6 The SPC will be posting a draft SPP on the Internet for public review and comment starting February 2012. We will notify you when that posting occurs so you can provide comments again at that time. Further. the proposed SPP will be posted in the spring of 2012 for a final round of public consultation before being submitted to the Minister of the Environment for review and approval. However, we would like you to review these policies now to ensure they are feasible and implementable before they are presented to the public. We ask that you submit your written feedback on these draft policies to the following address by November 10, 2011, in order to allow the SPC enough time to consider your comments before the draft SPP is made available publicly. Brian Wright, Source Water Protection Coordinator Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, Ontario, L3C 3W2 Email: bwright @ npca.ca Thank you for your ongoing assistance with the Drinking Water Source Protection Program. Please contact Brian Wright, Source Water Protection Coordinator, 905 - 788 -3135 ext. 253 for more information or if you have any questions. Sincerely, Mark Neufeld Brian Wright Chair, Niagara Peninsula Source Protection Committee Coordinator, Source Water Protection Encl. Table 1: Draft Significant Threat Policies to be implemented by City of Niagara Falls Maps Figure NF -1: Niagara Falls IPZ -1 Figure NF -2: Stormwater catchments discharging into Niagara Falls IPZ -1 cc. Alex Herlovitch, Director of Planning and Development, City of Niagara Falls Geoff Holman, Director of Public Works, City of Niagara Falls Mark Christie, MSO — Central, Ministry of Municipal Attars and Housing Ministry of the Environment (source.protection @ontario.ca) Table 1: Significant Threat Draft Policies to be implemented by City of Niagara Falls Introduction In developing policies to address drinking water threats, the SPC completed a process that included a review of the prescribed threat circumstances and nature of the threat activity, a review of background information and existing applicable legislation, and identification whether or not the threat activity currently occurs or is likely to ever occur in the IPZ. Various policy approaches (such as land use planning, provincial instruments, Part IV Clean Water Act tools, etc.) were then assessed to determine which approaches were most applicable and best suited to addressing the particular significant threat in the IPZ, if it occurs now, or could occur in future. The results of this analysis are summarized below. Policy for Threat 2A in Niagara Falls IPZ -1 (NF -IPZ1- Threat 2A- Future - Significant -4) Context and Rationale The discharge of untreated stormwater from stormwater management systems (such as storm sewers) is considered a significant drinking water threat in the Niagara Falls IPZ -1 depending on whether it meets the following criteria: • The catchment area of the stormwater system must be at least 100 hectares in size, and • The predominant land use in the catchment area must be commercial or industrial (C /I). Currently the storm sewers systems that discharge into the Niagara Falls IPZ -1 do not meet these criteria and are not currently a significant threat, since the catchment areas are less than 100 ha and the land -uses are not C /I. Figure NF1 (attached) shows delineation of the IPZ -1 and Figure NF2 (attached) shows the storm sewer catchment areas in the vicinity of the IPZ -1. In order to prevent any stormwater management systems from becoming a significant threat in the future, the SPC chose to use three policy approaches: (1) Land use planning to prevent predominant land uses from becoming industrial /commercial in the IPZ -1 in future, (2) Restricting future stormwater systems in the IPZ -1 s using a provincial instrument (i.e. Stormwater management system Certificate of Approval (C of A)), and (3) Outreach and education aimed at the residents and landowners in the IPZ -1. The rationale for drafting the land use planning policy to address this drinking water threat in Niagara Falls IPZ -1 is: 1. There are currently no existing significant threats of this type in the Niagara Falls IPZ -1. 2. This land use approach can be applied to all areas within the Niagara Falls IPZ -1. 3. Land use restrictions (imposed by the policy) will prevent this activity from becoming a significant threat through maintaining current official plans and not further designating industrial and /or commercial land use within the IPZ -1. Currently most land in Niagara Falls IPZ -1 is residential, environmental protection and resort commercial. 4. Key stakeholder acceptance to this policy is expected to be high, partly because it does not impact the current operations of landowners within Niagara Falls IPZ -1. 5. The implementation costs would primarily involve in -house costs to amend Official Plans and By -laws. Page 3 of 6 Threat Policy No new industrial or commercial lands shall be permitted within the Niagara Falls IPZ -1 (see Map Niagara Falls IPZ -1). Niagara Region Policy Plan shall conform to this policy within one year of the approval of the Source Protection Plan by the Ontario Ministry of the Environment (MOE), and the City of Niagara Falls Official Plan and Zoning By -laws shall conform to this policy within two years of the approval of the Source Protection Plan by MOE. Monitoring Policy By February 1 of each year, Niagara Region, and the City of Niagara Falls shall report to the Source Protection Authority on the steps it has taken in the previous calendar year to implement the above - noted policy (NF -IPZ1- Threat 2A- Future - Significant -4). Legal Effect Niagara Region and City of Niagara Falls must conform to this threat policy and monitoring policy. Policy for Threat 2B in Niagara Falls IPZ -1 (NF -IPZ1- Threat 2B- Future - Significant -4) Context and Rationale The discharge from wastewater treatment plants or combined sewer overflows is considered a significant threat in the Niagara Falls IPZ -1 under certain circumstances. Currently, there are no wastewater treatment plants or combined sewers that discharge into the Niagara Falls IPZ -1. The following land use policy is one of two policies proposed by the SPC to ensure this threat activity does not occur in the IPZ -1 in future. (The other policy which is not discussed in this letter is a provincial instrument that uses Certificates of Approval to restrict this activity.) The rationale for drafting the land use planning policy to address this drinking water threat in Niagara Falls IPZ -1 is: 1. There are currently no existing significant threats of this type in the Niagara Falls IPZ -1 and there are not likely to be any in future. The wastewater treatment plant is located several kilometres downstream on the Niagara River. The City of Niagara Falls has an on -going program to replace combined sewers with separate sanitary and storm sewer systems. 2. This land use approach can be applied to all areas within the Niagara Falls IPZ -1. 3. A policy that does not allow wastewater treatment plants or combined sewer overflows to discharge within the IPZ would prevent this activity from becoming a significant threat in future. Such a land use planning policy is compatible with current Official Plans. 4. Key stakeholder acceptance to this policy is expected to be high, partly because it does not impact the current operations of landowners within the IPZ - 1. 5. The implementation costs would primarily involve in -house costs to amend Official Plans and By -laws. Threat Policy No new wastewater treatment plants or sewer system shall be permitted if they would discharge directly into the environment within the Niagara Falls IPZ -1 (see Map Niagara Falls IPZ -1). Page 4 of 6 Niagara Region Policy Plan shall conform to this policy, within one year of approval of the Source Protection Plan by the Ontario Ministry of the Environment (MOE), and the City of Niagara Falls Official plan and Zoning By -laws shall conform to this policy within two years of approval of the Source Protection Plan by MOE. Monitoring Policy By February 1 of each year, Niagara Region, and the City of Niagara Falls shall report to the Source Protection Authority on the steps it has taken in the previous calendar year to implement the above - noted policy (NF -IPZ1- Threat 2B- Future - Significant -4). Legal Effect Niagara Region and the City of Niagara Falls must conform to this threat policy and monitoring policy. Policy for Threats 3, 4, and 21 in Niagara Falls IPZ - 1 (NF -IPZ1- Threats 3/4/21- Future - Significant -1) Context and Rationale The storage, handling, and application to land of agricultural source material (ASM) (Threats 3, and 4), and lands used for livestock grazing /pasturing, farm animal yards and outdoor confinement areas (Threat 21), are significant threats in the Niagara Falls IPZ -1. Livestock lands and the storage, handling and application to land of ASM, are usually associated with farming operations on agricultural lands. However there are no farming operations or lands currently zoned agricultural within the Niagara Falls IPZ -1. This policy uses land use planning tools to prohibit these activities from occurring in the IPZ -1 in future. The rationale for drafting the land use planning policy to address this drinking water threat in Niagara Falls IPZ -1 is: 1. There are currently no enumerated significant threats of this type in the Niagara Falls IPZ -1 and there are not likely to be any in future since the land uses in the IPZ are not agricultural. 2. This land use planning approach can be applied to all areas within the Niagara Falls IPZ -1. 3. A policy that does not allow agricultural land uses within the IPZ would prevent this activity from becoming a significant threat. Land uses under the current official plans, which include residential, environmental protection and resort commercial, would be maintained. 4. Key stakeholder acceptance to this policy is expected to be high, partly because it does not impact the current operations of landowners within Niagara Falls IPZ -1, and is consistent with current Official Plans. 5. The implementation costs would primarily involve in -house costs to amend Official Plans and By -laws. Threat Policy No new agricultural land uses are permitted within the Niagara Falls IPZ -1 (see Map Niagara Falls IPZ -1). Niagara Region Policy Plan shall conform to this policy within one year of the approval of the Source Protection Plan by the Ontario Ministry of the Environment (MOE), and the City of Niagara Falls Official Plan and Zoning By -laws shall conform to this policy within two years of the approval of the Source Protection Plan by MOE. Page 5 of 6 Monitoring Policy By February 1 of each year, Niagara Region, and the City of Niagara Falls shall report to the Source Protection Authority on the steps it has taken in the previous calendar year to implement the above - noted policy (NF-IPZ1 -Threats 3/4/21- Future - Significant -1). Legal Effect Niagara Region and City of Niagara Falls must conform to this threat policy and monitoring policy. Page 6 of 6 Niagara Peninsula Source Protection Plan Niagara Falls Intake Protection Zone One N 0 0 0 0 ) a 0 0 0 0 rn 659000 659000 659500 659500 0 0 0 0 0 0) 0 0 m Ontario DRINKING WATER ;, �t CONSERVATION Disclaimer: This map is intended for illustrative purposes only. Figure is to be read in conjunction with the Niagara Peninsula Source Protection Area Protection Plan. Please refer to report text for digital mapping sources. All Frames: North American Datum 1983, Universal Transverse Mercator 6° Projection, Zone 17N, Central Meridian 81 West. Produced by the Niagara Peninsula Conservation Authority with data supplied under licence by members of the Ontario Geospatial Data Exchange, 2011. 0 50 100 200 300 m Niagara Peninsula Source Protection Plan Niagara Falls Storm Sewer Catchments N 657500 657500 658200 658200 658900 658900 659600 Watershed Boundary Storm Sewer Catchments Regulated limit Storm Sewer Outfall Storm Sewer Network 659600 660300 660300 , - > Y Ontario DRINKING WATER CONSERVATION Disclaimer: This map is intended for illustrative purposes only. Figure is to be read in conjunction with the Niagara Peninsula Source Protection Area Protection Plan. Please refer to report text for digital mapping sources. All Frames: North American Datum 1983, Universal Transverse Mercator 6° Projection, Zone 17N, Central Meridian 81 West. Produced by the Niagara Peninsula Conservation Authority with data supplied under licence by members of the Ontario Geospatial Data Exchange, 2011. 0 100 200 400 600 m September 6, 2011 Niagara ifils REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -41 Transportation Beyond Tomorrow 2031 Niagara Falls Sustainable Transportation Master Plan TS- 2011 -41 October 24, 2011 That the Transportation Beyond Tomorrow 2031 - Sustainable Transportation Master Plan be adopted as a framework to provide strategic direction through 2031. The Transportation Beyond Tomorrow 2031 - Sustainable Transportation Master Plan has been completed by AECOM consulting firm. Strategies, an implementation plan and supporting policies have been identified to promote convenient, accessible and sustainable transportation choices through 2031 and beyond. Attached is the Executive Summary for the Master Plan identifying short, medium and long term strategies and implementation plans for various transportation alternatives related to Wayfinding /Signing, Active Transportation - On and Off-road facilities, Transportation Demand Management (TDM), Road Network Improvements, Protection of Morrison Street Corridor and a Rail Rationalization Study. On March 9, 2009, Council approved hiring AECOM consulting firm to undertake an update to the Transportation Study and Master Plan. Councils Strategic Priorities for the 2007 -2010 period identified the need to `develop and implement a comprehensive transportation plan'. The 2011 -2014 Strategic Priority was elaborated to complete and implement the "Transportation Beyond Tomorrow 2031 " Sustainable Transportation Master Plan while achieving four guiding principles - Optimize the Transportation System; Promote Transportation Choice; Foster a Strong Economy; Support Sustainable Development and Growth ". The mandate of the plan was to provide a vision through 2031 for future transportation, consistent with community values in a sustainable manner. In developing the Master Plan travel demands have been analyzed, transportation network deficiencies evaluated, issues and a full range of potential solutions identified. All the aforementioned formulated the comprehensive plan and resulted in the development of implementation strategies. In addition to the technical component of the plan, public involvement was sought throughout the project and received from an established October 24, 2011 - 2 - TS- 2011 -41 Community Advisory Group, Visioning Focus Group, web and telephone surveys of randomly selected residents in Niagara Falls, Stakeholder groups and three public meetings. The Steering Committee was comprised of staff from the City of Niagara Falls, Niagara Region, Niagara Parks Commission the Ministry of Transportation of Ontario. AECOM consulting firm formulated the plan in conjunction with the input from all of the aforementioned groups /agencies /individuals. The framework of the master plan was built on developing and analyzing the following; • Goals, Principles and Objectives • Background Reports • Public Surveys • Transportation Model which were used as a basis to formulate strategies for: • Active Transportation - Cycling and Walking • Wayfinding /Signing • Road Network Improvements Transportation Demand Management and the development of supporting policies. The parking component of the Master Plan will be completed as an addendum. ANALYSIS /RATIONALE The Master Plan provides strategic direction, policies and an implementation plan for transportation initiatives through 2031. The study addresses goals, principles and objectives, road network improvements, transportation demand management principles, active transportation and a signing strategy. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There are no financial implications by adopting the master plan. However, implementing the plan or components thereof, may require a financial commitment dependant on the project. These projects will be included for consideration in future budgets. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority 2007 - 2010 and 2011 - 2014 to complete and implement the "Transportation Beyond Tomorrow 2031" Sustainable Transportation Master Plan achieving the four guiding principles - Optimize the Transportation System; Promote Transportation Choice; Foster a Strong Economy; Support Sustainable Development and Growth. The objective is to provide convenient, accessible and sustainable transportation throughout Niagara Falls. October 24, 2011 3 TS- 2011 -41 LIST OF ATTACHMENTS Transportation Beyond Tomorrow 2031 Executive Summary Additional Signing Variable Message Signing Off -Road Active Transportation On -Road Active Transportation Future Transit Horizon Implementation Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Chief Administrative Officer NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2011 -09 Combined VTS /Niagara Falls Transit Operations, Maintenance, and Storage Facility RECOMMENDATION: BDD- 2011 -09 October 24, 2011 That Council authorize staff to proceed with a combined Niagara Falls Transit/VTS Operations, Maintenance and Storage Facility, with other possible partners, the scope of which will be subject to the detailed costing associated with the size of the facility and a report will be presented to Council for approval, identifying the preferred alternative. EXECUTIVE SUMMARY: As Council is aware, the Federal and Provincial governments have approved grants equalling $50 million for the development of the VTS system. The combined grant amount is to be used for a variety of capital projects associated with the project including bus purchases and facilities. The current budget allocation to design and build the combined Niagara Falls Transit/VTS Facility is $18.2 million. At present, Class D (high level) estimates have been prepared for three alternatives. Staff is currently engaged with IBI Architects to develop detailed plans which will result in more accurate costing that will be presented to Council for further discussion on possible Niagara Falls Transit NTS facility arrangements. BACKGROUND: In the 2009 Transit Strategic Plan, IBI Group's building and architectural staff conducted a Needs Assessment of the City's transit infrastructure including the operations and maintenance facility on Bridge Street. The facility is located on an approximate 2.0 ha (4- acre) site. The Assessment included a review of the condition and suitability of the existing transit facility and concluded that the facility was not suitable for meeting the future needs of the municipality's transit operation. The Assessment also found that the facility required extensive modifications and repairs in order to meet the short terms needs of the transit system even without expansion. In particular IBI Group concluded that the building was at the end of its economic life, being some 50 years old as parts of the building were October 24, 2011 - 2 - BDD- 2011 -09 originally constructed in 1959 -60 and have been modified and expanded in several stages since with the last major modifications being completed in 1986. Further, there is no capability to expand the building due to its functional layout and size orientation without a total rebuild including acquisition of additional land. IBI concluded in the 2009 Transit Strategic Plan that, given projected future expansion of transit services in Niagara Falls including expansion of transit services to better serve the community, a new facility is required to meet future needs and that further investment in the existing facility would not be wise. All of the repair work noted needs to be undertaken immediately. Estimate cost - $3.0 to $4.0 million. Of particular concern, however, is the vehicle storage building with the constrained interior space and wooden roof. The roof should be replaced as soon as possible. The cost of the roof, alone, could reach $2.0 million. Fundamentally, the deficiencies noted are difficult to address independently as many of them, such as the storage and maintenance area issues, require complete reconstruction in order to resolve them. As such, many of the deficiencies simply cannot be "repaired ". Implications of Two Transit Buildings The establishment of a second operations and maintenance building for the combined Niagara Falls TransitNTS service would represent a duplication of facilities and activities compared to what would be required for the City's transit operation and for what are essentially similar services. Both the city transit and the VTS services require the same infrastructure in order to deliver their services as follows: • Administrative and operations areas including employee areas, offices, lunchroom, washrooms, meeting rooms and storage rooms for supplies and IT technology; Vehicle maintenance area including fuelling, washing, cleaning, repair bays, supervisor offices and employee lunchroom and washroom areas, as well as parts stockroom; Vehicle storage area; • Dispatch office with radio and AVL /GPS monitoring; • Employee parking • External driveways and bus staging areas. It is therefore, staff's recommendation that the City proceed with the combination of VTS /GO /Municipal Transit at the Stanley Avenue site. Proposed Building Alternatives In August 2010, Council authorized staff to investigate the cost to combine the VTS and Niagara Falls Transit operation onto the VTS site located on Stanley Avenue across from the Municipal Works Service Centre. Staff, with IBI Architects, prepared the program requirements to accommodate a combined facility and potentially have all Transportation October 24, 2011 Transportation Project Assessment Process (TPAP) - 3 - BDD- 2011 -09 Services housed in the new facility. A Class D Estimate was prepared, which is a preliminary cost estimate to be further reviewed and refined as detailed design is initiated and completed. The Class D Estimate is a very conservative estimate. Three (3) alternatives were prepared with the associated size estimates for each described below: 1) Alternative A Combined VTS /Niagara Falls Transit maintenance facility with 100% indoor storage for vehicles and office space for Transportation Services. 146,500 sq. feet. Class D Cost estimate: $30,701,100 2) Alternative B Combined VTS /Niagara Falls Transit maintenance facility with 50% indoor storage space and space for Transportation Services. 96,500 sq. feet. Class D Cost estimate: $25,252,500 3) Alternative C Combined VTS /Niagara Falls Transit maintenance facility with no storage space or space for Transportation Services. 45,995 sq. feet. Class D Cost estimate: $19,892,500 If the Niagara Falls Transit and VTS Operations are combined at the Stanley Avenue location, the Bridge Street site would be available for redevelopment. The existing inter -city terminal would remain at its current location. With the recent addition of GO Transit services (train and bus) to this area, which also facilitates several other inter -city carriers and local tourism providers, a portion of the site could be developed to provide an enhanced multi -modal inter - municipal and VTS Station. To establish a new bus maintenance storage facility in Ontario, the City is required to complete a TPAP under the Environmental Assessment Act. The TPAP is a proponent driven self- assessment process that requires a focus on the consultation process and is similar to the Municipal Class EA process. An important and relevant differences are the TPAP starts with a selected transit project. The regulation does not require proponents to consider or evaluate alternative solutions or alternative design concepts. The process requires a description of the project and the surrounding environment, the assessment and evaluation of impacts, the identification and description of mitigation measures, and a comprehensive consultation program. It is the proponent's responsibility to design and implement in an appropriate consultation program and it is up to the proponent to determine the best method to consult interested persons. October 24, 2011 A ministerial decision for the process is guaranteed within (6) six months. The TPAP can be undertaken during the detailed design and site preparation phase once the site layout and conceptual design have been completed. If Council approves the recommendation, we would begin the process once the additional property has been purchased. ANALYSIS /RATIONALE: The opportunity to combine the VTS /Niagara Falls Transit/GO Transit facility provides many mutual benefits to the City. As highlighted in the 2009 Transit Strategic Plan prepared by IBI, it would cost an estimated $4 million just to bring the existing 50- year -old building up to current building code standards. To build a new facility to accommodate Niagara Falls Transit only, it would cost $13 million which does not include the necessary land acquisition to enlarge the site to enhance the service per the 2009 Transit Strategic Plan. FINANCIAL /LEGAL /STAFFING IMPLICATIONS: The City presently is developing a 10 -year capital reinvestment plan for the replacement of City owned assets. The City's bus storage facility has been identified as requiring significant capital reinvestment to upgrade existing facilities. Alternatively, replacement of the facility will require significantly more investment. The proposed VTS facility is an opportunity to combine the needs of both traditional transit and VTS system into one facility. At present, the project has not been included in the approved Capital Budget. This project has several stages to work through before the impact of the project can be determined. Subsequent reports on the preferred alternative will be presented to Council, once the detailed construction estimates have been completed. CITY'S STRATEGIC COMMITMENT: This initiative is supported by Council's Strategic Priorities • Provide Convenient, Accessible, & Sustainable Transportation through the Integration of Niagara Falls Transit facilities with the proposed People Mover facility. Recommended by: Recommended by: Respectfully submitted: - 4 - BDD 2011 - 09 Serge Felicetti, Director of Business Development Karl Dren, Director of Tra sportation Services Ken Todd, Chief Administrative Officer Niagara October 24, 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 -72 Official Plan Amendment No. 99 Garner South Secondary Plan RECOMMENDATION That Council receive the comments submitted and that staff bring back the proposed amendment for adoption once these comments have been addressed. EXECUTIVE SUMMARY The Garner South Secondary Plan Area represents the next growth area for residential development in the City. The Plan Area encompasses approximately 225 gross hectares of land located south of McLeod Road and east of Montrose Road (Figure 1). The Secondary Plan is designed as a complete community, in keeping with the Provincial Growth Plan for the Greater Golden Horseshoe, with a mix of housing types and densities, commercial uses and employment areas. At build -out the Secondary Plan is designed to accommodate, at a minimum: A population of approximately 6,930 people; 2,700 dwelling units; and 2,005 jobs. PD 2011 - 72 At these levels, the overall density will meet the minimum target density of 53 people and jobs per hectare required for Greenfield areas by Niagara Region. Natural heritage areas will be protected and conserved throughout development of the Plan Area. The public meeting is being held to receive comments, after which staff will address the comments submitted and bring the Secondary Plan back to Council for adoption. October 24, 2011 BACKGROUND - 2 - PD- 2011 -72 The City's Official Plan states that secondary plans shall be prepared inadvance of development. Secondary plans are to be adopted as Official Plan Amendments and approved by Niagara Region, in accordance with the Memorandum of Understanding with the Region, and shall generally detail: • the overall population of the community; • the location and areas of various residential densities; • parks and open space; • commercial facilities; • employment areas; • servicing; and • natural heritage constraints. In April, 2009, the Ontario Municipal Board approved Official Plan Amendment No. 82, which converted approximately 77 hectares from Industrial to Residential land. These lands and the related policies of this amendment have been incorporated into the Garner South Secondary Plan (GSSP). The purpose of the GSSP is to provide a detailed land use plan for the future development of the Plan Area, which is expected to reach build -out in 10 to 15 years. Basis of the Plan There are several governing principles that formed the basis of the Plan. It was from these principles that the details of the Plan were developed. 1. The Provincial Growth Plan. The Provincial Growth Plan sets out a series of policies that direct the development of greenfield areas. The fundamental policy is that of the complete community which is where greenfields are to include a mix of uses and housing types so that an individual's needs are met within their lifetime. 2. Compact Development. In addition the Region's recent Growth Plan conformity amendment requires the City to attain a minimum of 53 people and jobs per hectare within its greenfields. This is achieved through a mix of housing types as well as smaller lot frontages. Compact development allows for a more walkable community and can support public transit. 3. Natural Heritage Protection. The Plan Area contains a variety of natural heritage features that include Provincially Significant Wetlands (PSW's), woodlots, fish habitats and the relocated Warren Creek. The Warren Creek Watershed Plan was completed in 2000 and forms the basis for natural heritage protection and the relocation of Warren Creek. The Watershed Plan was also supplemented by a natural heritage constraints study. 4. Niagara Sqaure. The Niagara Square Retail District borders the northeast quadrant of the Plan Area. In order to bolster Niagara Square, and to offset the extent of natural heritage features in this part of the Plan Area, high density residential is proposed. The Plan also limits the amount of commercial space that can be developed. October 24, 2011 - 3 - PD- 2011 -72 5. Cytec Canada. Cytec Canada owns approximately 400 ha of land that is adjacent to the southwest quadrantof the Plan Area. Cytec has negotiated a series of policies that have been included in OPA No.82 and have been carried through into this Plan. Notably these include: • lands within a 2 km arc (measured from the Cytec phosphine storage tanks) are not to be used for residential, overnight accommodation, institutional or assembly -type uses; • buildings within the 2 km arc are to no higher than three storeys; • residential buildings, south of the hydro corridor, east of the 2 km arc, are to be no higher than 2 1/2 storeys; and • retirement residences and similar uses are to be located east of Kalar Road and north of Warren Creek. 6. Creation of a sense of place. The concept of creating a sense of place and community is an objective of the Plan. It is intended that a walkable community that is integrated with the relocated Warren Creek form the basis of development. Synopsis of the Plan The Secondary Plan is designed to meet a minimum density of 53 people and jobs per hectare. Given this and that employment lands anticipated to achieve 30 jobs per hectare, a minimum of approximately 2,005 jobs can be accommodated in the Plan Area. From this, and using an average household size of 2.57 people per unit, the Plan Area can provide a minimum of approximately 2,700 dwelling units for 6,930 people. 1. Residential. As shown on Schedule A -3 (attached), the majority of the lands are devoted to accommodating single and semi - detached dwellings. Lands are also designated for medium and high density residential buildings, the latter of which are located on the east side of Kalar Road, close to Niagara Square, so as to reinforce the commercial viability of this retail district. Both retirement residences and long term care facilities can locate within residential lands. School sites for both the public and Catholic school boards are also planned (shown on the Concept Plan). Building heights and densities generally decrease in a southwesterly direction in the Plan Area in recognition of the 2km separation arc requested by Cytec Canada. Similarly, in response to Cytec Canada, retirement residences and long term care facilities are restricted to area east of Kalar Road or north of the hydro corridor. 2. Employment. Employment lands are located on the west side of Montrose Road, including the Montrose Business Park, and in the vicinity of Garner and Brown Roads. 3. Commercial. Commercial uses are accommodated within lands designated Neighbourhood Commercial and Mixed Use. 4. Natural Heritage. A significant amount of natural heritage features are located within the Plan Area. These include Provincially Significant Wetlands (PSW's), fish habitats, woodlands and the relocated Warren Creek. Policies within the GSSP serve to protect and conserve these natural heritage features. Party Issue /Comment Staff Response Paletta International • Objection to natural heritage • Developer is in discussions mapping as it applies to its lands. with relevant agencies regarding mapping; boundaries will be refined once development plans are prepared. • Requests discussion on possible • Staff will consult with the road connection to Pin Oak Drive landowner once development once development plans are prepared. plans have been prepared. October 24, 2011 - 4 - PD- 2011 -72 5. Servicing and Staging of Development. The Plan contains policies that will guide the development of the Plan Area. From a servicing perspective, sanitary and water services extend through the eastern part of the Plan Area along Kalar and Brown Roads. The pumping station at Kalar and Brown roads has been designed to handle the anticipated flows. Development will generate Development Charges and will provide cost recovery for the pumping station. The Warren Creek realignment, proposed as part of the Warren Creek Watershed Plan, is currently underway, with the southern portion of the waterway near completion. A sub - watershed plan will be required in advance of the development of the lands on the west side of Garner Road. In general, development will proceed in a westerly and northerly direction. Services will have to be extended either through the Warren Woods lands or along Brown and Garner Roads to service the western part of the Plan Area. The Plan's policies allow Council to utilize Holding provisions as lands are rezoned to control what and how much of future stages of the Plan Area will be brought on stream. Public Engagement Throughout the development of the Plan, staff has undertaken to consult with agencies, landowners and the public for comments on the drafts of the secondary plan. Specifically: Two Open Houses were held, one at the initiation of the project, the second last November for comments on the proposed Plan. The notice for the November, 2010 Open House was circulated to all landowners with 120m of the Plan Area boundary. • Several meetings were held with individual landowner to discuss their development concepts and their comments /issues with the Plan. • Meetings were held with agencies, notably Niagara Region, the Niagara Peninsula Conservation Authority and both the public and Catholic school boards. • This statutory public meeting to receive any further comments prior to recommending adoption of the Plan. Comments Received to Date The comments received to the date of report submission are noted below together with a staff response. Labreche Patterson & Associates • Objection to policies governing drive -thru facilities (DTF's) in Neighbourhood Commercial areas. • Appropriate modifications will be made to the Plan prior to adoption. Staff will consult with Labreche Patterson. Warren Woods Land • Request to allow for increases in • Increases in density as a Development Corp. density above the maximum for bonus for brownfield Residential Medium Density for redevelopment is appropriate brownfield sites. and consistent with the Official Plan. Staff will make appropriate modifications. Robert Miller, Planning • Policy 2.11.1.4.1 makes an • Correction will be made. Consultant incorrect reference to Policy 2.12. • Use of the term day nursery may • The term daycare will be used exclude the day care for disabled as this will be a more generic adults as nursery relates children term covering children and only. adults. October 24, 2011 CITY'S STRATEGIC COMMITMENT The GSSP is a detailed land use plan that will guide the development of the lands within the Plan Area over the next 10 to 15 years. It has been prepared to conform to the Growth Plan for the Greater Golden Horseshoe in terms of overall density and by providing a mix of uses and housing types so as to create a complete community. LIST OF ATTACHMENTS ► Appendix 1 - Schedule A -3 Garner South Secondary Plan Recommended By: Respectfully Submitted: J.Barnsley:gd Attach. - 5 - S: \PDR\2011 \PD- 2011 -72, OPA 99, Garner South Secondary Plan.wpd Alex Herlovitch, Director of Planning, Building & Development t Keh Todd, Chief Administrative Officer PD- 2011 -72 October 24, 2011 -6- APPENDIX 1 PD- 2011 -72 Labreche Patterson & Associates Inc_ Professional Planners, Development Consultants. Project Managers VIA MAIL AND EMAIL (barnslevc niagarafalls.ca) Our File: P- 375 -09 PP October 3. 2011 Mr. John Barnsley Manager of Policy Planning Planning & Development City of Niagara Falls Planning. Building and Development Division City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr Barnsley_ Re: City of Niagara Falls — Garner South Secondary Plan Official Plan Amendment No. 99 As we previously advised, we represent the member brands of the Ontario Restaurant Hotel and Motel Association (ORHMA) being A & W Food Services of Canada Inc., McDonald's Restaurants of Canada Limited., the TDL Group Corp. (operators and licensors of Tim Horton's restaurants) and Wendy`s Restaurants of Canada. as well as their industry group /association being the ORHMA. We have previously provided a letter to the City of Niagara Falls dated June 22. 2011 (see attached) containing our detailed review comments of the previously proposed draft Garner South Secondary Plan for the City of Niagara Falls. Despite our previous submission on the City of Niagara Falls Garner South Secondary Plan, which included reference to relevant case law from the Ontario Municipal Board and the Courts stating that use prohibitions at the level of the Official Plan are not appropriate or necessary. the recently released draft of the Garner South Secondary Plan which was released for public review in advance of the public meeting scheduled for October 24, 2011, continues to contain policies that restrict and prohibit drive - through facilities ( "DTF ") within certain designations contained within the Secondary Plan. Based on our review of the recent draft of the Garner South Secondary Plan, section 2.5.4 of the "Neighbourhood Commercial" designation notes that drive - through facilities (DTF) "shall be designed to maximize separation distance from, and buffering of, adjacent residential land uses. Such criteria, together with other applicable regulations, shall be prescribed in an amending zoning by-law.' We would object to this draft policy based on it being too prescriptive and assumes. without any appropriate required study and justification that DTF must maximize distance and buffering from adjacent land uses beyond what would be required to any otherwise 330-A1 Trillium nn Drrve K!t- '.hex er, Onta o N E 3.12 • Tel: 519-896-5955 - Fax. 7 9 - 896 - -)3 permitted commercial parking lot and beyond what the municipality can already reasonably require through its powers under site plan control. Justified setback requirements to any land use is a typical requirement of Urban Design Guidelines or a Zoning By -law and as such this specific policy requirement is not necessary within an Official Plan /Secondary Plan. We would ask that you be please confirm to us what you consider to be `automotive - related uses" as is noted in proposed policy 2.5.5. In addition. section 2.7.3 in the "Employment' designation, notes that a drive - through restaurant is specifically prohibited within this designation. As noted in our June 22, 2011 comment letter. DTF locate in areas within municipalities that already allow for service retail commercial and uses. These uses typically rely on pedestrian and vehicular access which are then accommodated by parking lots on site and in the immediate area. The only unique feature of a DTF in these commercial areas is the drive - through stacking lane which can be appropriately regulated under the municipal powers of Site Plan Control and through urban design guidelines and to a limited extent by the zoning by -law. As such. prohibition based policies at the level of the Official Plan are not warranted. To the best of our knowledge. there was no study completed to form the basis for secondary plan policies that would prohibit and restrict DTF in any part of the Garner South Community and we are not aware of any planning justification provided by the City of Niagara Falls in support of such policies. Based on the foregoing. we again request an opportunity to meet with you and appropriate Planning staff to discuss our objections to the recent draft of the Garner South Secondary Plan as detailed above. Thank you for your consideration to our comments herein and we look forward to working with you to mutually resolve our concerns Finally. please also consider this letter as our formal request to be provided with copies of all future notices. reports. and Committee and /or Council considerations and resolutions related to the Garner South Secondary Plan Official Plan Amendment No. 99. Yours truly, Labreche Patterson & Associates Inc. Victor Labreche, MCIP, RPP Senior Principal 2 VL /sl Attach. Copy Alex Herlovitch. Director of Planning Planning & Development, City of Niagara Falls (via e -mail. aherlovitch(a;niagarafais.ca) Dean lorfida. City Clerk. City of Niagara Falls (via e -mail diorfida(a niagarafalls.ca) Tony Elenis, ORHMA (via e -mail, telenis(c orhma. com) Brandy Giannetta, ORHMA (via e -mail: bgiannetta(a�orhma.com) Susan Rosales, The TDL Group Corp. (via e -mail: rosales susan(atimhortons.com) Leslie Smejkal, The TDL Group Corp (via e -mail smelkal leslie(@timhortons.com) 3 Paul Hewer, McDonald's Restaurants of Canada Limited (via e -mail: paui.hewer @ca.mcd.com) Susan Towle. Wendy's Restaurants of Canada. Inc. (via e -mail: susan towle a(�,wendys.com) Darren Sim, A &W Food Services of Canada Inc. (via e -mail: dsimRaw.com) Labreche Patterson & Associates Inc_ Professional Planners, Development Consultants. Project Managers VIA MAIL AND EMAIL (barnslev(a iagarafalls.cal Our File: P- 375-09 PP June 22, 2011 John Bamsley Manager of Policy Planning City of Niagara Falls Planning, Building and Development Division City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley: Re: City of Niagara Falls — Garner South Secondary Plan We represent A & W Food Services of Canada Inc., McDonald's Restaurants of Canada Ltd., the TDL Group Corp. (operators and licensors of Tim Hortons Restaurants), and Wendy's Restaurants of Canada Inc. as well as their industry association, the Ontario Restaurant Hotel and Motel Association (ORHMA). We are providing this written submission to you on behalf of our clients after having reviewed the proposed draft Garner South Secondary Plan for the City of Niagara Falls which was posted on your website in advance of the November 17, 2010 Open House but which only recently came to our attention Although we understand an "informal' or " public meeting date has not yet been set for this draft secondary plan, we understand that the statutory public meeting will be scheduled in the near future. Our clients have requested that we review the proposed Gamer South Secondary Plan for the City of Niagara Falls to determine if any proposed policies would apply to their operating interests. Based on our review, we note that drive- through facilities (DTF) are proposed to be prohibited in the Neighbourhood Commercial and Employment designations, We object to this specific prohibition, both in terms of it being contained at the level of the Official Plan and on a policy basis. Specific urban design guidelines and to a much lesser extent, zoning based regulation of DTF, are common throughout Ontario. It is important to note that the implementation of official plan based policies that specifically prohibit DTF in areas that would otherwise permit service retail commercial uses and associated parking areas is not a common or appropriate form of policy based regulation applied to these facilities in Ontario. In fact, the Ontario Municipal Board has noted in a case regarding the new official plan for the City of Ottawa that `the proper approach for controlling these is the one adopted by the City of Toronto, which prohibits these facilities through its zoning by -law and not in its Official Plan. Official Plans do not need to be 330 -A1 Trillium Drive, Kitchener, Ontario N2E 3J2 - Tel: 519- 896 -5955 - Fax: E.319-896-5355 prescriptive like zoning by- laws.' This is an approach repeated in almost every case, both at the Ontario Municipal Board and in the Courts, on proposed official plan prohibitions for this specific use. It is important to note that any considered prohibition of DTF, even in a zoning by -law, must be limited to very specific areas which need to be appropriately considered and justified. It is our submission that repeated decisions of the Board and Courts regarding official plan policies prohibiting DTF, clearly demonstrate that such policies are not appropriate at the level of an official plan. We note that the City, through your Director of Planning, Building and Development, Mr. Herlovitch, received a letter from our clients' solicitor, Michael Polowin, on May 13, 2011, in which Mr. Polowin explored these decisions in some detail. Those comments apply equally to this Secondary Plan. In addition, on a policy basis, we believe that it is true that drive- throughs locate in any given city or town in areas that are already designated for service retail commercial land uses all of which typically rely on vehicular and pedestrian access already coming to and accommodated in the area by associated parking lots. As such, the only unique feature of a drive- through in these pre - determined commercial areas is the drive- through stacking or queuing lane. The stacking element of DTF is a detail which can clearly be regulated through under the municipal powers of Site Plan Control and, only if necessary, through urban design guidelines or the zoning by -law. Therefore, prohibition based policies at the level of an official plan are not warranted. Based on the foregoing, we request an opportunity to meet with you and appropriate Planning staff to discuss our objections to the current draft of the Gamer South Secondary Plan as detailed above and provide you with copies of the noted material above upon request. Thank you for your consideration to our comments herein and look forward to working with you to mutually resolve our concerns. Please also consider this letter our formal request to be provided with copies of all notices, reports, and resolutions relating to everything and anything associated with the Garner South Secondary Plan. Yours truly, Labreche Patterson & Associates inc. Vi.tor Labreche, MCIP, RPP Senior Principal Vl1sl Copy: Alex Herlovitch, City of Niagara Falls (via e-mail: aherlovitch(c niaaarafalls.ca) Dean Iodide, City of Niagara Falls (via e-mail: diorfida nJ.. niaoarafalls.ca) 2 Sandy Little, BES Planner, Project Manager Tony Elenis, ORHMA (via e-mail: telenislaborhma.com) Susan Rosales , The TDL Group Corp. (via e-mail* rosales susan(n)timhortons.com) Leslie Smejkal, The TDL Group Corp (via a -mail: smeikal lesliea)timhortons.com) 3 Paul Hewer, McDonald 's Restaurants of Canada Limited (via e- mail: pawLheweraca.mcd.cOm) Susan Towle, Wendy's Restaurants of Canada, Inc. (via e-mail: susan Towle o@wendvs. com) Darren Sim, A &W Food Services of Canada Inc (via e-mail: dsim @aw.com) Michael Polowin, Gowling Lafleur Henderson LLP (via e-mail: michael.polowin THOMSON ROGERS LAWYERS SENT BY Email ONLY October 13, 2011 Mr. Alex IIerlovitch Director of Planning and Development City of Niagara Falls Planning Department P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovitch: Cytec Canada re Garner South Secondary Plan Our File No. 050225 We are the solicitors for Cytec Canada Inc. ( "Cytec "). Jeffrey J. Wilkey 416 -868 -3118 jwilker(athomsoiirogerc.com We are writing further to our previous letters dated March 22, 2010, June 7, 2010 and December 22, 2010 with respect to the proposed Garner South Secondary Plan ( "GSSP ") and our more recent meetings with City staff. We also reference our letter of May 16, 2011 with respect to Official Plan Amendment No. 94 ( "OPA No. 94 ") for continuing context. It is our understanding that City Planning intends to bring the GSSP forward to a statutory Public Meeting on October 24, 2011, and we wish to provide these comments in advance of that meeting. Background As you are aware, Cytec has major landholdings southwest of the GSSP Area. It owns approximately 1,000 acres north of the Welland River. The Cytec property fronts onto Garner Road where it operates a major phosphine facility. Cytec is part of a longstanding industrial precinct in this part of the City. Protection of the continued viability of its SUITE 3100, 390 BAY STREET, TORONTO, ON, CANADA M5H 1W2 1 TF: 1- 888 - 223 -0448 1 T: 416 - 868 -3100 1 F: 416 - 868 -3134 thomsonrogers.com THOMSOk ROGERS 1 .ANA 1 FI R S -2- facility in its current location is of paramount importance to Cytec. Cytec wishes to ensure that the GSSP does not compromise Cytec's ability to use its lands for the industrial purposes for which they are designated and for the heavy industrial uses for which they are zoned. Warren Woods Official Plan Amendment No. 82 Official Plan Amendment No. 82 ( "OPA No. 82 ") re- designated approximately 77 hectares (190 acres) of land owned by Warren Woods Land Corporation from "Industrial" and "Open Space" to "Residential — Special Policy Area 57" and "Environmental Protection Area — Special Policy Area 57 ". A 2.0 km radius for minimum distance separation ( "the Arc ") from Cytec's heavy industrial use was established through the policies of OPA No. 82. Within the Arc, uses including residential, overnight accommodation and institutional /assembly uses (for instance places of worship, conference centres, theatres, etc.) are prohibited and building heights are limited to 3 storeys for employment uses. Additionally there are height restrictions outside the radius with a limitation of 2.5 storeys for residential uses. OPA No. 82 is important as it provides the guiding principles dealing with land use for the lands subject to that Amendment. GSSP and draft Official Plan Amendment No. 94 The Growth Plan requires the protection of "Employment Lands" at Policy Section 2.2.6 of the Plan including Policy 2.2.6.2 which states: "b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses" and at: "c) planning for, protecting and preserving employment areas for current and future uses." As such. it is our view that the achievement of Growth Plan objectives with respect to higher residential densities and intensification must be balanced against these employment policies, and further that the City should plan for those higher density residential land uses and for sensitive land uses in areas further removed from Cytec and the surrounding industrial precinct. As such, Cytec is supportive of higher density residential and mixed uses being directed to lands surrounding the Niagara Square area. While OPA No. 94, the City's Growth Plan Amendment, remains under consideration, it is our position that the GSSP, (once adopted with OPA No. 82 incorporated within), should not be undermined or otherwise diminished by OPA No. 94. It is notable that the Ontario Municipal Board's decision of April 21. 2009 stated: "[t]he Board is satisfied that OPA 82 THOMMSO 1 ROGERS 1 .11\YERS -3- is consistent with, and supports the policies found in the Provincial Policy Statement and the Growth Plan." Revised Draft GSSP We have had the opportunity to review the latest draft GSSP with Cytec and its planning consultant. Cytec recognizes and appreciates that City Planning has addressed certain of the concerns expressed in our prior letters. Unfortunately, other concerns remain outstanding and as such further revisions are requested to the draft GSSP to address the previously identified concerns. Height Permission East of Kalar Road As previously noted, it is Cytec's position that the detailed policies in OPA No. 82 that currently provide protection for Cytec should be incorporated into the GSSP and applied to all lands within the GSSP. The 2.5 storey height restriction implemented through OPA No. 82 has not been fully carried forward in the draft GSSP (reference Policy 2.1.4 and Figure 5). Height was a negotiated and agreed upon restriction with the developer ( "Warren Woods "). With the exception of the long term care facility which is restricted to 2 storeys, it appears that heights up to 4 storeys could be achieved east of Kalar Road for medium density uses such as retirement residences, townhouses and apartments. As such, a revision is requested. Requested Revision: Extend the Maximum Building Height of 2.5 storeys on Figure 5 to the eastern houndary of OPA ;y'o. 82 (i.e. as shown in Special Policy Area 57). Residential Permissions within Residential, Low Density Cytec continues to have concerns with the broad range of residential permissions contained within the Residential, Low Density designation. Uses such as block townhouses, triplexes and quadraplexes are more appropriate in the Residential, Medium Density designation. The built form of these uses tends to accommodate heights greater than 2.5 storeys which also is of concern to Cytec. In fact the Residential, Medium Density designation also includes block townhouses and apartment dwelling units and this designation should be differentiated from Residential, Low Density. THOMSO ROGERS 1. AV, Y ERS -4- Requested Revision: In Policy 2.1.1, delete the reference to "block townhouses, triplexes and quadraplexes. " Residential, Medium Density Designation with 2.0 km Arc The draft GSSP identifies a portion (approximately 50 %) of a Residential. Medium Density designation within the 2.0 km arc. This is contrary to Principle 5 at page 3 of the draft GSSP. Petluitting Residential, Medium Density uses (or any residential uses) within the 2 km Arc is unacceptable to Cytec. Requested Revision: Removal of residential designations from within the 2 kin Arc on Schedule A3. Residential, Medium Density Designation Immediately outside 2.0 km Are With respect to the remainder of the portion of the Residential, Medium Density designation identified in the section above, being the portion (approximately 50 %) immediately adjacent to the 2.0 km Arc, this designation if it is going to be residential, should be Residential, Low Density to provide for a transition from the prohibition on residential land uses within the Arc to permitting residential land uses outside the Arc. Requested Revision: Redesignation of the identified Residential, Medium Density portion to Residential, Low Density (if it is going to be designated residential). Dav Nurseries within Neighbourhood Commercial Designation Cytec recognizes that City Planning has appropriately revised Policy 2.5.5 to restrict day nurseries within the 2.0 km arc within the Neighbourhood Commercial designation. The vast majority of the Neighbourhood Commercial block in question appears to be about 80% - 90% within the 2.0 km arc. We request that the Policy be further modified so as to remove the day nursery permission from the Neighbourhood Commercial designation on this block. Requested Revision (in hold to show context): Amend the second bullet point on Policy 2.5.5 to state: "day nurseries within the 2.0 kin radius of the Cytec phosphene plant, or on any part of the Neighbourhood Commercial designation that is part of that radius: and, Medical Clinic within Employment Designation THOMSON ROGERS LAWN FRS -5- Cytec notes that the latest draft GSSP has included "medical clinic" within the permissible uses within the Employment Area west of Montrose Road at Policy 2.7.2 (a). Our reading of the draft GSSP is that such a use is not permitted on the lands within the southwest quadrant of the Plan Area. Cytec supports such an exclusion. Cvtec Ownership of Thompson's Creek Cytec appreciate the revisions to the draft GSSP made by City Planning so as to require the consent of the owner (i.e. Cytec) of Thompson's Creek should there be any impact or alteration to existing conditions (reference Policy 2.10.1.9). In order to ensure that this Policy functions most appropriately and efficiently, it is our view that it would be prudent to also include the requirement for consultation with the owner of Thompson's Creek in the preparation of the Scoped Watershed and Master Drainage Plan which Plan is required to address the development of lands within the Thompson's Creek watershed (reference Policy 2.10.1.7). Requested Revision: Add the following bullet to the end of Policy 2.10.1.7: • consult with the owner of Thompson's Creek in the preparation oldie Plan. Conclusion Cytec appreciates the opportunity to comment further on the proposed GSSP and requests that the requested revisions be made to the draft GSSP prior to the City adopting the Secondary Plan. We request that City Planning provide a copy of this letter to City Council for Council's consideration and deliberations as part of the planning process. We further request that Cytec continue to be advised of the secondary plan process, and that copies of any reports being prepared in this matter be provided to Cytec. Cytec requests notice of any further open houses and meetings, including any statutory meetings under the Planning Act together with notice of the passage andior adoption of any planning instruments under the Planning Act with respect to these lands. This same request also extends to any consideration of OPA No. 94, We ask that both the writer and Mr. Ken Milo at Cytec be kept advised regarding the GSSP and OPA No. 94. Mr. Milo's mailing address is: Cytec Canada Inc., 9061 Gamer Road, Niagara Falls L2E 6S5. THOMSON ROGERS 1.. \WYE RS We thank City Planning and City Council for its consideration of this letter. Yours very truly, Jeffrey J. Wilker lc/trey lc/trey If ilker Lau Prole, sional Corporation JJW /JJ W, -6- cc: John Barnsley, City Planning cc: Dean Iorfida, City Clerk cc: Ken Milo /Rene Lemay, Cytec Canada Inc. cc: Glenn Wellings, Wellings Planning Consultants Inc. Niagaraaalls October 24, 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 -76 AM- 2011 -007, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendments to Zoning By -law No. 79 -200 RECOMMENDATION That Council approve the updates to the regulations of Zoning By -law No. 79 -200, as outlined in this report, with an amendment that the set back be 10 metres from the property line to the lane adjacent to the speaker box. EXECUTIVE SUMMARY Staff is initiating a number of amendments to Zoning By -law No. 79 -200 in response to development trends. Others are proposed to ensure the by -law remains current, to promote compact development and to improve the by -law's readability. Additional changes are intended to streamline the amendment process. BACKGROUND Proposal PD- 2011 -76 Zoning By -law No. 79 -200 is the City's comprehensive zoning by -law which regulates the use of land and the construction of buildings and structures in the north half of the City, as shown on Schedule 1. Although the by -law has served the City well since it was passed in 1979, periodic updates have taken place to respond to new development trends as well as new Corporate priorities. The proposed changes are detailed in this report. Although the majority of the changes are of a housekeeping nature or intended to bring greater clarity to the by -law, several changes are intended to reflect trends in development and planning. These include regulations for drive - throughs, the introduction of an Environmental Protection (EP) zone to guide the protection of natural areas in or adjacent to new developments and the introduction of a Residential Single Family 1F Density (R1 F) zone to provide regulations for compact development. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region and agencies for comment. A notice was also placed in the Niagara Falls Review. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Regional or Provincial perspective. October 24, 2011 • Municipal Works, Parks and Recreation, Building Services, Legal Services, Fire Services, Niagara Falls Transit ANALYSIS Transportation Services No objections. The proposed parking standard fora retail store's storage are is in accordance with accepted parking standards. The proposed standards for drive throughs are in accordance with accepted transportation standards. - Prefer to see maximum driveway width in the R1 F zone capped at 3 metres to allow for on- street parking. No objections. • Public Comments Neighbourhood Open House - 2 - PD- 2011 -76 A letter has been received from a Planner representing the Ontario Restaurant, Hotel and Motel Association and is included on tonight's agenda. This letter raises concerns about the proposed provisions for drive - through facilities, including the locational criteria and the proposed setbacks from residential zones. A neighbourhood open house was held on September 21, 2011 to explain the proposal and to answer questions. Two members of the public attended and sought clarification on a number of proposed changes, in particular allowing dwelling units in cellars and the reconstruction of legal non - conforming buildings. It was noted that dwelling units would only be permitted in cellars where zoning currently allows a second dwelling unit and to ensure safety of occupants any dwelling unit would need to meet applicable building and fire standards. It was also clarified the provisions were changed to state that rebuilding legal non - conforming buildings would be permitted provided there were no increases in building size. This addresses the situation where a legal non - conforming dwelling located in a non - residential zone suffers fire damage and needs to be rebuilt. The residents were satisfied with the explanations given. The following amendments to Zoning By -law No. 79 -200 are recommended by staff: 1. Introduce zoning standards for drive through facilities. Drive through facilities have become a standard accessory feature to many fast food restaurants and coffee shops in recent years. In addition they are increasingly found accessory to other uses, such as banks and convenience stores. To address this trend and potential impacts Council directed staff to investigate standards for drive through facilities. A review of standards in other Municipalities is attached as Appendix 1. Most municipalities require between 10 to 15 vehicle queuing spaces for a drive through associated with a restaurant and 2 to 5 spaces for a drive through associated with other uses and a 10 to 30 metre setback between the drive through lane and a residential zone or residential property. In addition, Some municipalities prohibit drive throughs in small scale local or neighbourhood commercial areas as well as central business areas (Mississauga, Barrie and Ajax). October 24, 2011 A total of 23 drive throughs have been approved in the City via site plans in the last 30 years. Although conditions vary, there has been a trend in recent years to provide a substantial amount of queuing spaces (at least 9 for fast food restaurants). In addition, the majority of drive throughs developed in the last 10 years have been set back at least 10 metres from residential properties. It is recommended that drive throughs be permitted in all commercial zones except Neighbourhood Commercial (NC) and Central Business Commercial (CB). Drive throughs tend to be substantial commercial operations that generate significant volumes of traffic and can have certain off -site impacts due to traffic, lighting, speaker boards and late night usage. Sites zoned NC are typically integrated into residential communities and have a limited range of small scale uses to serve a local market. These smaller sites often have limited room for vehicle queuing and buffering as such drive throughs on these sites have the potential of adversely impacting surrounding residences. As well, lands in the CB Zone are not intended to be developed with uses serving a significant automobile function but rather to be developed to serve a pedestrian function. Drive throughs are better located on sites within Commercially designated lands that are zoned General Commercial (GC), Planned Shopping Centre Commercial (SC), Tourist Commercial (TC) and Automobile Service Station and Gasoline Bar (AS). These lands are intended to accommodate substantial commercial operations and as such could accommodate drive throughs. Properties in these zones often adjoin other commercial properties, minimizing exposure of drive throughs to residential properties. The proposed regulations would permit a drive through accessory to a restaurant, financial institution and a retail store. As convenience stores are intended to be introduced in the Automotive Service Station and Gasoline Bar (AS) zone it is appropriate to permit drive throughs accessory to them. The following regulations are recommended: - 3 - PD- 2011 -76 require a minimum of 12 queuing spaces for a drive through accessory to a fast food restaurant measured from the pick -up window to minimize queuing spilling out on adjacent streets. The number of queuing spaces is consistent with what is required in other municipalities and has been consistently recommended by Transportation Services in their review of site plans containing drive throughs. require a minimum of 3 queuing spaces for a drive through accessory to other uses. The recommended standard is consistent with standards in other municipalities and is supported by Transportation Services. require a minimum setback of 10 metres from a residential zone boundary to minimize impacts on adjacent residential properties. This is also consistent with the standard used in other municipalities. The standard ensures the drive through lane will be separated from a residential property by either a 10 metre wide landscaped buffer, or a 7 metre wide driveway with a minimum 3 metre wide landscape strip. Council directed staff to investigate other methods, including restrictive covenants, to regulate drive throughs. Restrictive covenants were used in the era before zoning controls as a means of land use control. Zoning by -law evolved largely due to the problems created by the inflexibility of restrictive covenants which, unlike zoning by -laws, do not have any formal procedure for amending and varying them. October 24, 2011 - 4 - PD- 2011 -76 A restrictive covenant must also name the land which benefits from the covenant. A covenant would typically be used by private landowners to secure controls over one another. There is no public process nor any potential to vary the controls. As such, the flexibility of zoning by -laws and site plan control makes them superior instruments for achieving Council's objectives. Therefore, restrictive covenants are not recommended to regulate drive throughs. 2. Eliminate restrictions on number of motor vehicles that can be parked in a private garage. Currently the maximum number of motor vehicles that can be parked in garage associated with a dwelling is two (2). The size of private garages is more effectively governed by the lot coverage and driveway /surface parking area regulations currently included in By -law No. 79 -200. As the subject restriction does nothing to ensure compatibility of garages with surrounding properties, it is redundant and should be deleted. 3. Remove prohibition on dwelling units in cellars. By -law No. 79 -200 prohibits dwelling units or parts thereof in cellars. A cellar is defined as a level of the dwelling that is at least 50% below the level of the ground. The provision was originally meant to prevent potentially unsafe cellar dwelling units. However the provision also prohibits components of a dwelling (ie. living areas) from the cellar. The safety of cellar dwelling areas is now effectively governed by the Ontario Building Code. Provided compliance with these regulations is met there is no concerns with locating part of a dwelling in the cellar. The deletion of this provision means if current zoning allows a second dwelling unit (such as a duplex dwelling) the second dwelling unit can be located in the cellar. Any such dwelling unit will need to conform to any applicable building or fire regulations and permits. 4. Remove separation distances between group homes. Group homes provide housing for those who require a group living due to their intellectual, mental health, social or physical condition or legal status. Currently, group homes are subject to a 350 metre separation distance between one another. Such separation distances have been challenged as a human rights violation as they may be discriminatory. Therefore, it is proposed that the above noted separation distance be deleted. As there is a limited number of group homes in Niagara Falls it is not expected that this change will result in a concentration of group homes. Reduce side yard setbacks for 2 storey single, semi detached and duplex dwellings to 1.2 metres. Currently 2 storey single, semi - detached and duplex dwellings are required to have an interior side yard setback of 1.8 metres. The same dwelling types can provide a side yard setback of 1.2 metres if they are constructed in a bungalow, 1 1 /2 storey or split level design. It is recommended that 2 storey dwellings have the same interior side yard setback as these other dwelling types. October 24, 2011 The recommended reduction in the side yard setback is not expected to have any adverse impacts. A minimum separation of 2.4 metres would be provided between dwellings on adjacent lots, enough to mitigate any impacts the dwellings may have on one another. The recommended standard has already been implemented in site specific zoning by -laws and Committee of Adjustment decisions. 6. Introduction of an R1F zone. Developers in the City have recently been requesting site specific Residential Single Family 1E (R1 E) zones with smaller lot frontages and lot areas. To recognize trends to smaller lot sizes, provide housing choices to residents and to promote compact development, it is proposed that a new Residential Single Family 1F Density (R1 F) zone be introduced into By -law No. 79 -200. A summary of the standards for the proposed R1 F zone is as follows: - minimum lot area: 320 square metres proposed; - minimum lot frontage: 10 metres; - 5 - PD- 2011 -76 minimum front yard depth: 3 metres for the dwelling and 6 metres for the garage. This provides options for siting the dwelling on the property without losing parking for the dwelling; minimum side yard width: 0.9 metres. This is similar to site specific standards sought in greenfield areas and allows for flexibility in siting a house on the lot; maximum lot coverage: 45% (maximum coverage in other R1 zones is 40 %). This assists in providing a reasonably sized dwelling on a smaller lot; and maximum width of a driveway: 55% of the lot (maximum driveway width on other R1 zones is 50 %). Permitting a slightly wider driveway will allow 2 off - street parking spaces to be provided per dwelling unit. Providing the opportunity for additional parking spaces per dwelling will compensate for any Toss of on- street parking as a result of the wider driveways. All other regulations in the proposed R1 F zone are consistent with regulations found in other R1 zones. 7 Landscaped open space provisions for the Prestige Industrial (PI), Light Industrial (LI) and Transportation Distribution Industrial (TDI) zones and front yard parking for all industrial zones. To promote attractively landscaped business parks and buffer adjacent streets, industrial zones require a portion of the front and exterior side yards to be landscaped. In the Prestige Industrial (PI), Light Industrial (LI) and Transportation Distribution Industrial (TDI) Zones 67% of the required front exterior side yards are to be landscaped, leaving 33% of the required yard for parking and access. These provisions are not proposed to be changed, however the following wording is recommended to clarify the landscaping requirements: October 24, 2011 - 6 - PD- 2011 -76 Minimum landscaped open space (I) for an interior lot 67% of the required front yard (ii) fora corner lot 67% of the required front yard and 67% of the required exterior side yard In addition to the landscaping requirements the by -law contains provisions that permit a maximum of 33% of the front and exterior side yards in industrial zones to be used for parking and access. These parking provisions are not necessary due to the above noted landscaping provisions and should be removed. 8. Eliminate minimum floor area for all dwellings. By -law No. 79 -200 has minimum requirements for floor areas for dwelling units in the Residential Single Family (R1A through to R1 E), Residential Single Family and Two Family (R2), Residential Mixed (R3) and Residential Low Density, Grouped Multiple Dwellings (R4) zones. The floor area requirements for units in apartment dwellings were deleted 3 years ago. The Ontario Building Code (OBC) regulates the size of dwelling units as well as the minimum size of rooms and required facilities. With these controls already in place it is unnecessary to include these controls in By -law No. 79 -200. 9. Add an Environmental Protection Area (EPA) zone. The City recently adopted Official Plan policies to protect the natural heritage system in the City. To implement these policies it is recommended an Environmental Protection Area (EPA) Zone be introduced into By -law No. 79 -200 that can be applied to these lands. At this time no lands are proposed to be rezoned EPA; the zone is only intended to be available for use in future applications for new developments for lands with natural features on them. The zone would permit the following uses: conservation use, wildlife management, works of a Conservation Authority and existing agricultural uses. These uses are consistent with the Official Plan policies and require any applicable permits from Niagara Peninsula Conservation Authority (NPCA) and /or the Province. Buildings and structures are limited to those required for flood control under necessary permits. 10. Parking for factories and warehouses. Currently, parking for these uses are required to be provided at either 1 space per 90 square metres of floor area or for each 4 employees, whichever is greater. As the number of employees in a factory or warehouse is subject to constant change, it is not practical to calculate parking based on a variable work force. Requiring parking for these uses be calculated solely on the basis of 1 space per 90 square metres of floor area would simplify the by -law. 11. Clarify provisions with respect to retail storage. Retail stores are required to have one parking space per 18 to 25 square metres of gross leasable floor area. The issue of applying a parking calculation for storage areas associated with retail stores is ambiguous. Historically, it has been interpreted that such storage areas should use the same parking ratio as warehouses (1 space per 90 square metres of floor area). October 24, 2011 - 7 - PD- 2011 -76 This interpreted parking standard for storage areas associated with retail stores is consistent with industry standards. Therefore, it is recommended that this standard be formalized in the zoning by -law. This will provide clarification to the public and applicants. 12. Introduction of retail (convenience) stores in the Automotive Service Station and Gas Bar (AS) zone. Convenience stores have become a common accessory use to most gas bars or service stations in recent years. These stores are generally unobtrusively incorporated into a gas bar or service station, and provide a convenience feature to motorists. Permitting accessory convenience stores in this zone recognizes this trend. A number of recently built or redeveloped gas bars and service stations in the City include such convenience stores. The stores range in size from 110 square metres to approximately 200 square metres. Therefore limiting these retail stores to 200 square metres in size will recognize the small scale of these uses. 13. Height restrictions in the Agricultural (A) zone. Currently, there are no height restrictions in the Agricultural (A) zone. This is appropriate for buildings used for the main permitted uses (such as agricultural uses, commercial forestry and commercial riding stable) which may include barns, silos, grain elevators and stables. However, it would allow for excessively over- sized dwellings and associated accessory buildings. It is recommended that the standard applied to dwellings and accessory buildings and structures in residential zones be extended to the A zone. Accordingly, single detached dwellings are to be restricted to a height of 10 metres while associated accessory buildings and structures are restricted to a height of 4.6 metres. 14. Standards for gasoline bars in Tourist Commercial (TC) zones. Automobile service stations and gasoline bars are permitted in the Tourist Commercial (TC) zone. Automobile service stations in the TC zone must comply with the same development standards that apply to service stations in the Automobile Service Station and Gasoline Bar (AS) zone. However no such provisions exist for gasoline bars in the TC zone, which appears to be an oversight It is therefore recommended a provision be added to the TC zone requiring gasoline bars be subject to the same regulations that apply to gasoline bars in the AS zone. 15. Replacement of a legal non - conforming building. Provisions in the by -law permit the legal non - conforming buildings and structures to be strengthened or restored to a safe condition. The by -law is ambiguous where a more substantial rebuilding is necessary. To address this ambiguity it is recommended these provisions be amended to permit the rebuilding of a legal non- conforming building or structure, provided the footprint or dimensions of the building or structure do not change. October 24, 2011 - 8 - PD- 2011 -76 16. Removal of fencing standards from general provisions. By -law No. 79 -200 includes provisions that regulate the height and location of fences, walls and perimeter hedging on residential properties. These standards are duplicated in the City's Fence By -law (No. 2005 -70). Therefore these provisions are redundant and should be deleted from By -law No. 79 -200 for ease of administration. However, provisions that require a wood fence or a wall between non - residential uses which abut residential properties are to remain to ensure residents are buffered from potentially disruptive uses. To ensure adequate buffering, a minor change is proposed to this subsection increasing the height of a fence or wall from 1.2 metres to 1.8 metres. 17. Removal of TV dish antennae standards from general provisions. The By -law includes provisions for TV dish antennae. When the applicable provisions were adopted in 1982, satellite dishes were relatively large structures that had the potential of being intrusive to adjacent properties. To address this TV dishes were limited to the rear yard. Technological advances have significantly reduced the size of a dish, and the dishes are now unobtrusively placed on the walls or roofs of dwellings. Such dish antennae have become common place and it is no longer necessary to control these devices through zoning. 18. Replace the term veterinarian office with the term animal clinic. Veterinarian offices are permitted in the Neighbourhood Commercial (NC), General Commercial (GC), Planned Shopping Centre Commercial (SC), Central Business Commercial (CB) and General Industrial (GI) zones. As veterinarians now operate in a clinic like setting, the term "office" is a outdated. Veterinarians routinely keep animals overnight for observation or for recovery after minor surgery, however overnight stays are not permitted under the current definition of a veterinarian office. It is recommended that the term veterinarian office be replaced in the above noted zones with the term animal clinic and the following definition be added to By -law No. 79 -200: "ANIMAL CLINIC" means a building or structure or part thereof under the control and supervision of a qualified veterinarian who is a member of the Ontario Veterinarian Association, where animals or birds are given treatment, but does not include outdoor kennels. As the definition requires the clinic to be within an enclosed building, allowing overnight stays for pets should have no impacts on neighbouring properties and would recognize existing operations. CITY'S STRATEGIC COMMITMENT The proposed changes are intended to bring better clarification to By -law No. 79 -200, thereby supporting the goal of a more open, transparent municipal government. The goal of ensuring development occurs in an efficient manner is supported by the provisions providing for compact development, while introducing an Environmental Protection Zone will assist in ensuring municipal committees have regard for natural provisions. October 24, 2011 LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Appendix 1 - Zoning Regulations for Drive Throughs in Other Municipalities Recommended By: Respectfully Submitted: A. Bryce: m b Attach. - 9 - PD- 2011 -76 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -76, AM- 2011 -007, General Amendments to By -law 79- 200.wpd October 24, 2011 Subject Land Applicant: City of Niagara Falls - 10 - SCHEDULE 1 LOCATION MAP United States Amending Zoning By-law No 79-200 PD-2011-76 \ \I-2011 -07 October 24, 2011 APPENDIX 1 PD-2011-76 7 : 3 Labreche Patterson & Associates Inc. Pro fess -.o'i .l P =�. .,'s Deveic)prner.- Cons ltar'_ , Project N'ianaccer; VIA MAIL AND EMAIL (aherlovitchOniagarafalls.ca) Our File: P- 375 -09 PP October 3. 2011 Mr. Alex Herlovitch Director of Planning Planning & Development City of Niagara Falls Planning. Building and Development Division City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Re: City of Niagara Falls — General Amendments to Zoning By -law No. 79 -200 City File: AM -2011 -007 — City of Niagara Falls As we previously advised. we represent the member brands of the Ontario Restaurant Hotel and Motel Association (ORHMA) being A &W Food Services of Canada Inc., McDonald's Restaurants of Canada Limited., the TDL Group Corp. (operators and licensors of Tim Hortons restaurants) and Wendy's Restaurants of Canada. as well as their industry group /association being the ORHMA. We have reviewed the City initiated draft general amendments to Zoning By -law No. 79 -200 which have the potential to impact our client's operating interests and make the following comments: Section 4.34 — Drive - through facilities (DTF'') are proposed to be permitted in the General Commercial (GC) Zone, Planning Shopping Centre (SC) Zone, Tourist Commercial (TC) Zone, and the Automobile Service Station and Gasoline Bar (AS) Zone. In terms of the current zoning by -law, it is our understanding that drive- throughs are permitted wherever restaurants are permitted. However. as a result of the City initiated general amendments to Zoning By -law No. 79 -200, there are now two zones that will no longer permit DTF which are the Neighbourhood Commercial (NC) Zone and the Central Business Commercial (CB) Zone It is our belief that if a municipality proposes to prohibit DTF in certain zones but those same zones will continue to permit commercial retail facilities which include restaurants, among other commercial land uses, and their required parking lot areas then a drive - through facility is no different relative to impact on and compatibility with abutting land uses than would be the permitted retail commercial uses, and parking lots otherwise 3130-A ern Drive. Kit. fierier. OntaxIC; (`.!_ %E 3J2 T L 519-895-f-955 9-:-.35S-5355 2 permitted in those same zones. Therefore, we request that drive - through facilities be permitted in all the zones that restaurants are proposed to be permitted Furthermore, we are not aware of any rationale or planning justification for these newly introduced prohibitions within the Zoning By -law. • Section 4.34 (i) — "A drive- through facility shall be separated from any boundary of a Residential Zone by a minimum distance of 10 metres, measured from the nearest point along the lane providing access to and egress from the drive - through facility to the nearest point along the Residential Zone boundary." This amount is excessive and we are not aware of any appropriate rationale or justification being provided for a required setback of 10 metres. We would note that a setback similar to what is applied to any commercial /plaza parking lot abutting a residential zone should be applied in this case. Recently. the City of Ottawa provided within its comprehensive Zoning By -law that queuing lanes be setback a minimum of 3 metres abutting a residential zone which is the same as what is required for a commercial parking lot. Alternatively. the municipality could request a noise study under its powers of Site Plan Control which could be relied on to determine setbacks. • Section 4.34 (ii) — It is noted that a total of 12 queuing spaces, each with a minimum length of 6 metres and a minimum width of 2.75 metres, in advance of a drive - through service window is required. A twelve (12) vehicle stacking requirement is acceptable provided that the stacking spaces are counted from the vehicle stacking space at the product pick -up window back to the end of the required queue and the space at the product pick -up window counts towards the minimum required stacking spaces. Based on our knowledge and experience of a number of zoning by -law regulations and guidelines throughout Ontario, the vast majority of municipalities require a minimum of 10 -12 queuing spaces measured from the final point of service at the contact /product pick -up window. • Section 8.9.5 — It is not clear why it must be stated that all the regulations for DTF in s. 4.34 shall apply to DTF in AS zones when s. 4.34 already states that the regulations contained therein apply to DTF within that zone. • Section 4.6 — This section appears to constrain legal non - conforming rights to buildings only, to current building dimensions and to certain specified relief. The by -law section takes away rights permitted under the Planning Act and as such falls outside of the legal jurisdiction of the City to adopt. The Planning Act does not restrict legal non - conforming rights to buildings only The Act allows legal non - conforming rights to attach to "land" also. In addition. the by- law limits the non - conforming rights to "strengthening, restoration and reconstruction" within existing dimensions and the Planning Act does not restrict legal non - conforming rights to this specific relief. Based on the foregoing. we request an opportunity to meet with you and appropriate Planning staff to discuss our objections to the recent draft of the general amendments to Zoning By -law No. 79 -200 as detailed above. Thank you for your consideration to our comments herein and we look forward to working with you to mutually resolve our concerns. Finally, please also consider this letter as our formal request to be provided with copies of all future notices, reports. and Committee and/or Council considerations and resolutions related to the City initiated General Amendments to Zoning By -law No. 79 -200. Yours truly, Labrephe Patterson & Associates Inc. I r it Victor Labreche, MCIP, RPP Senior Principal VL /sl Copy: Andrew Bryce, Planner 2. City of Niagara Falls (via e -mail: abryce(aniagarafalls.ca) Dean lorfida, City Clerk. City of Niagara Fails (via e -mail. diorfida@niagarafails.ca) Tony Elenis, ORHMA (via e-mail: telenis @orhma corn) Brandy Giannetta. ORHMA (via e -mail: baiannetta@orhma.com) Susan Rosales, The TDL Group Corp. (via e -mail rosales susan(6 timhortons. com) Leslie Smejkal, The TDL Group Corp (via e -mail: smelkal leslie(&timhortons.com) 3 Paul Hewer. McDonald's Restaurants of Canada Limited (via e -mail paul.hewer(Wca.mcd.com) Susan Towle, Wendy's Restaurants of Canada, Inc. (via e-mail. susan towlec(�wendys.com) Darren Sim. A &W Food Services of Canada Inc. (via e -mail: dsim(Waw.com) Niagarajalls October 24, 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 -74 Studio 55, Outstanding Site Plan & Related Matters 4114 Portage Road RECOMMENDATION It is recommended that staff continue to work with Mr. Albanese to amend the Site Plan Agreement to address the expanded parking lot needed to serve the building addition and ensure that storm water run off from the parking lot is accommodated on site. EXECUTIVE SUMMARY Mr. John Albanese wishes to proceed with an expansion to his Studio 55 salon. It is necessary to amend the existing Site Plan Agreement registered on title. Mr. Albanese has objected to providing a daylighting triangle, development charges, installation of storm water management features. This report addresses his concerns. BACKGROUND On August 15, 2011, Mr. John Albanese applied to amend an existing Site Plan Agreement for his salon and studio at 4114 Portage Road (corner of Virginia Street) to accommodate a 108 square metre (1,162 sq ft) building addition. The amendment application was circulated to various internal departments for comment; the application is still being processed. On September 19, 2011, Council passed a motion that the owner's concerns regarding development charges and site plan be reviewed and staff report back. Site Plan & Related Matters 1. Site Plan Amendment PD- 2011 -74 The size of the addition and the necessity for a greater number of required parking spaces represents an increase in usability of the property; accordingly, the owner has applied to amend the existing Site Plan Agreement. Site Plan Agreements are used by the municipality to secure the location /massing /conceptual design of the building, site servicing, road widenings, parking facilities, walkways and ramps, lighting, fencing, landscaping, refuse collection areas, easements and lot grading. The only matter outstanding is the storm water management for the parking lot. Once this matter is resolved (as outline on the next page) the site plan can be signed and the new plans attached to the agreement. October 24, 2011 3. Parking Lot 4. Development Charges - 2 - PD- 2011 -74 2. Daylighting Triangle The City's Official Plan identifies the need for 5 m x 5 m daylighting triangles at the intersection of collector and local streets. The daylighting triangles are acquired, without cost, to allow the municipality to control visibility and ensure pedestrian and vehicular safety at intersections. At the time the original Site Plan Agreement was negotiated, Portage Road was a Regional Road and the Region did not have policies to allow it to take road widenings and daylighting triangles. Given the history of the site, there may be some question as to whether the owner could have been required to provide the daylighting triangle. Council waived the right to take the daylighting triangle at the September 19, 2011 meeting. Mr. Albanese has agreed that he will not construct a set of steps planned in this location in order to ensure visibility at the intersection remains. The original Site Plan Agreement required 11 parking spaces. This area was constructed and paved. Some time later, Mr. Albanese expanded the parking lot to provide a total of 17 parking spaces, the expanded portion of the parking area is graveled. Fifteen parking spaces are required to serve the existing building and the expansion. The area is not served by storm sewers. To accommodate storm drainage from the parking lot, the Municipal Works Department has requested that a "soak away pit" (covered rock pit designed to take surface drainage and allow it to infiltrate the ground), designed by an engineer, be installed in order to ensure that storm water run off does not flow onto neighbouring properties. Mr. Albanese says this is an additional requirement which is different from the position provided by staff earlier in the year. Staff met with Mr. Albanese and his architect on September 28, 2011. As a result of that meeting, the owner agreed to provide an engineer's statement that the parking lot as constructed with small berm at the edge is sufficient to contain the storm water flows generated in a 5 year storm condition. The site plan drawing should reflect this. The owner has paid his development charges in full. City Council does not have the legislative authority to waive the payment of development charges nor can Council issue a grant equal to the development charges levy to a commercial operator, as it would be considered bonusing. The Development Charges Act allows a person paying a development charge to appeal to Council only if there is an error in the application of the development charge or the amount of the development charge (or credit) was incorrectly calculated. The person paying a development charge cannot complain to Council solely on not liking or disagreeing with a provision of the Municipality's development charge by -law. The City fee for commercial buildings is charged for every floor including basements. A survey of the municipalities (attached) throughout the Region shows that about half of the municipalities similarly charge for basements. . October 24, 2011 5. Building Permits Mr. Albanese applied for and received from the Building Division conditional building permits for the footings and foundations and structural shell for his building addition. Final permits can only be issued after the Site Plan has been approved. FINANCIAL IMPLICATIONS The City has adopted a strategy whereby rates and fees for development ensure long term sustainability of the City. The provision of grants and waiver of fees means that the lost income must be made -up from the general taxpayer. CITY'S STRATEGIC COMMITMENT The proposed business expansion represents a reinvestment in the community and addresses the economic vitality of the City. LIST OF ATTACHMENTS ► Appendix 1 - Survey of Development Charges by Municipality Recommended By: Respectfully Submitted: A. Herlovitch:gd - 3 - PD- 2011 -74 S: \PDR\2011 \PD- 2011 -74, Studio 55, Outstanding Site Plan & Related Matters wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer Town of Niagara On The Lake Rolf Wiens, CBO Town of Pelham Keegan Gennings, CBO Town of Lincoln Andrew Greenway, CBO • Survey of Development Charges by Municipality Development Charges for floor areas below grade are charged except for: mechanical rooms electrical rooms telecommunication rooms loading facilities parking garages Development Charges for floor areas below grade are charged except for: accommodations of heating, cooling, ventilation, electrical, mechanical or telecommunication equipment that service the building. APENDIX 1 Development Charges for floor areas below grade are charged except for: an area that is used exclusively for mechanical, electrical services that service the building. an area that is used for parking of motor vehicles or for storage or other accessory use. City of Welland Mike Mantesso, CBO • Welland does not charge Development Charges for floor areas below grade. Town of Grimsby John Schonewille, CBO • Grimsby does not charge Development Charges for floor areas below grade. City of St. Catharines Sandra Burrows, CBO • St. Catharines does not charge Development Charges Collect Regional Development Charges only. Town of Fort Erie Robert Romanuk, CBO • Fort Erie does not charge Development Charges for floor areas below grade. City of Niagara Falls John Castrilli, CBO • Development Charges are charged for floor areas below grade. City of Port Colborne Ernie Cornier, CBO • Development Charges are not charged for floor areas below grade. Town of West Lincoln Tom Neufeld, CBO • Development Charges are charged for floor areas below grade except for: an area that is used exclusively for mechanical, electrical services that service the building. an area that is used for the parking of motor vehicles for storage or other accessory uses. City of Thorold Jeff Menard, CBO • Development Charges are not charged for floor areas below grade. Town of Wainfleet CBO position currently vacant • Region -2- Development Charges are charged for all floor areas except for: a room or enclosed area within the building or structure above or below grade that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building. loading facilities above or below grade; and a part of the building or structure below grade that is used for parking of motor vehicles or other accessory use. Does not charge Development Charges for floor areas below grade. September 26, 2011 NiagaraJalls October 24, 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 -75 Commercial Policy Review Survey of Major and Minor Commercial Districts RECOMMENDATION That Council receive this report for information and as an update on the progress of Planning staff's Commercial Policy Review. EXECUTIVE SUMMARY Planning staff has undertaken a survey of the City's Major Commercial Districts and Minor Commercial areas to determine the extent of occupied, vacant and approved /unbuilt space. The survey will be used to update the City's Official Plan policies. The survey determined: PD- 2011 -75 The City has a total of approximately 421,000 square metres (4.53 million square feet) of commercial space within its Major Commercial Districts and Minor Commercial areas. Of the 333,397 square metres (3.59 million square feet) of Major Commercial space 216,443 square metres (2.33 million square feet) is occupied, 39,048 square metres (420,323 square feet) is vacant and 77,876 square metres (838,278 square feet) is approved but unbuilt. • Within the Minor Commercial areas, a total of 70,240 square metres (756,082 square feet) is occupied and 18,993 square metres (204,446 square feet) is vacant. The combined total vacant and approved but unbuilt gross floor area for both Major Commercial Districts and Minor Commercial areas is 135,917 square metres (1.46 million square feet). This is approximately the equivalent of three Niagara Squares. BACKGROUND The Official Plan (OP) divides the City's commercial lands into a hierarchy of three distinct categories: Major Commercial, Minor Commercial and Neighbourhood Commercial. Major Commercial and Minor Commercial lands are designated in the Official Plan (see Appendix 1) whereas Neighbourhood Commercial uses, being considered ancillary to residential lands, are under the Residential designation. Major Commercial districts contain greater than 10,200 square metres (110,000 square feet) of gross floor area with Minor Commercial having a gross floor area of between 3,700 and 10, 200 square metres (40,000 and 100,000 square feet). The commercial hierarchy is based on the Commercial Office Opportunities Study of 1988 and was adopted as part of the current OP in 1991. Minor Commercial Retail Areas 2011 (sq. m.) District Existing Approved but Unbuilt 0 but 2011 Occupied Vacant Drummond/ McLeod 4,936 2,393 Stanley/ 420 2,224 195 0 Morrison/ Drummond 3,068 0 0 Dorchester/ McLeod 9,704 1,317 0 Drummond/ Dunn 7,841 808 0 Chippawa 6,024 1,105 0 T.S/ Dorchester 5,586 1,524 0 Main/ Ferry 16,575 5,691 0 Victoria/ Bridge 14,282 5,960 0 TOTAL* 70,240 18,993 0 Major Commercial Retail Districts Comparison 2009/ 2011 (sq. m.) District Existing Approved Unbuilt 2009 but 2011 Occupied 2009 2011 Vacant 2009 2011 Central Business District 34,40E 29,135 19,362 20,235 0 C Stamford 52,855 54,803 3,087 3,123 0 247 Morrison Dorchester 49,91E 40,273 387 10,03C 23,042 23,042 Northwest 19,932 19,995 782 555 8,550 8,55C Niagara Square 28,035 72,237 4,712 5,102 76,798 46,037 TOTAL 185,149 216,443 28,330 39,048 108,390 77,876 TOTAL 2009 321,869 TOTAL 2011 333,367 October 24, 2011 - 2 - PD- 2011 -75 As part of Planning staffs on -going update of the OP, a survey of the Major Commercial districts was undertaken in 2009 and updated in 2011, with the Minor Commercial areas being surveyed in 2011. The data collection was completed as of August, 2011. Survey Method The survey was broken into two parts: existing buildings /developments versus approved but unbuilt development. The floor space for the Iatter was obtained from the site specific zoning by -laws that affect each site. The floor space for existing buildings /developments was determined by: Reviewing any approved site plans; Airphoto analysis; and Site inspections. In a number of cases, information was obtained from the landowner. Survey Results The following tables summarize that data obtained: Table 1 Major Commercial Districts Table 2 Minor Commercial Areas *total of all minor districts Major & Minor Commercial Retail Districts 2011 Occupied Vacant Approved but Unbuilt TOTAL 67.8% 13.7% 18.4% TOTAL MAJOR/MINOR 286,683 58,041 77,876 October 24, 2011 Planning Analysis Major Commercial As can be seen from Table 1, there has been an overall increase in occupancy between 2009 to 2011 together with a corresponding decrease in the approved but unbuilt floor space. However, there has been an increase in the amount of vacant space. This is largely due to the opening of the new WalMart superstore on Oakwood Drive and the vacancy of the former store in the Adam's Centre. In addition, some of the smaller retail stores have also moved from the Adam's Centre to the Oakwood Drive retail facility. Elsewhere vacancy rates range from 41 % (Downtown) to 1.9% for the Northwest District with an average of about 11 %. In terms of approved but unbuilt floor space, there is in excess of 74,320 square metres (800,000 square feet). Minor Commercial Next Steps - 3 - Table 3 Combined Totals for Major and Minor Commercial PD- 2011 -75 On average, the Minor Commercial areas have a vacancy rate of approximately 21% which is about 19,000 square metres (204,000 square feet). Only 3 of the 9 areas have a vacancy rate of about 9% or less which would be considered acceptable. The highest vacancy rates are within the Drummond /McLeod and Victoria /Bridge areas with around 30 %. The survey has revealed that Niagara Falls has a very large supply of both existing vacant and approved but unbuilt commercial floor space. In terms of vacancy rates of existing facilities, it is generally accepted that a vacancy rate of between 5 to 10% is healthy. (Within this range, there is enough vacant space to fulfill demand and rent and lease rates remain competitive. Below 5 %, there is insufficient vacant space to meet demand, and above 10% places downward pressure on rent and lease rates.) Based on this, 2 of the 5 Major Commercial Districts as well as the majority of the Minor Commercial areas are significantly underperforming. When combined with the approved but unbuilt floor space, the total available gross floor area amounts to 135,917 square metres (1,463,080 square feet). The survey marks the beginning of the Commercial Policy Review. Planning staff will be continuing this work through 2012, undertaking the following: • a survey of Neighbourhood Commercial areas to determine their extent; a refined forecast of the amount of commercial space needed to service the City's future population taking into account spending characteristics and demographics; a review of the commercial hierarchy; and preparation of policy revisions. October 24, 2011 Public engagement will play a significant role in the review including the general public, agencies and stakeholders. A schedule of open houses will be created for next year. LIST OF ATTACHMENTS ► Appendix 1 - Map of Major and Minor Commercial Areas Recommended By: Respectfully Submitted: J.Barnsley:gd Attach. S \PDR\2011 \PD- 2011 -75, Survey of Major & Minor Commercial Districts.wpd - 4 - PD- 2011 -75 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer ��,� e llA10031 CIA < I ' OR g 5 October 24, 2011 4 Vitt. inn Sid .A8:5 ^ Ls,. RA" o ST w�.,RawM K )i AO '*s 1 . elOURO all A ". "A 00544444t. 0 I' ......... 1 e ws u0. ' nw.o n Y ° ' ,w e* yyss F €( mom... pe woe was°` R R.Rao r maim. ea 3 MRSIu n i a Y S Ep 4 Rs r ...Alt 5 I I I ooQAw e } S WOOS 4. ' TMpA MITA r �' q 5 Ti+. `R.� 'OE OR, A NDYS L .0011R5 AMY WI 'C 8 A g ,'S I n ionn § "5.5 OR M.� . rEe°""O'N oEawa� i i Er 1 O�.T •vE n i f nom" 4 '4 0rff `J MO 04 R.N. � w" , f'^ao° s �� ° 9 € 1 21 tstr w .sRw:. oR QwroAm 'tae' a oCOOSV.. ARO ri,. �OA57 yyY;..rr O. tis Nor a,.ur•. n /AO ST TAYLOR sr OR WO V rt*,.RUOa 7 i motes Sr x uwOE Sr CRONAMAJAAI ..95T Riv..0 51a 9 rO L n m'°M OR 'u+' ^Y o0ALIAA OR I la rwMO.+m 10.5 - O,R.M 1l.wOW OR < � * • i � ' waonu r I 1 n l0' i tim.nY - eery r i COO .aMM..wn$ RM... n RR n 5 Ra.�., .wm - 2 MCLEOD RD -- ey i MOCErrE i ry - s p 20"'" 3'.,.' 4. r X 8� wary wnY 6420 NM' is aOSAnP ,E.M. ,.a.. A. A. LE g A 41.1 S """'Luro LANE APPENDIX 1 WAYS IRIONIERAL - 5 - STONE RC) -R..a r MORRtSON ST .115. oR OAALTOM ST ha.iroR.r WADE r ELMO MME ST PIVRO ST .cwro n FERRY ST ...OTT 5 ORw.RR PION River 4,7 7affn 2g M s..00E ,rr.o.51 ARMOURY .6 '4 .' 7 M s ly ROOD. y r RceERTAT S S r c f 1 2 1 o \s .x A ,, !, cm.Tao RD < _BRIOGE ST /-6 River Niagara/lab, Major and Minor Commercial Areas 0 l km LEGEND PD- 2011 -75 Major Commercial Minor Commercial Urban Area Boundary Municipal Boundary International Border Rail Hydro Road Allowance Rivers Otter Municipalities USA Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: October 24. 201 1 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Sam's :Montrose Inn Attached please find correspondence between Mr. Simo Bielich and the writer on the issue of an adult entertainment parlour licence. In summary: ✓ Council amended the Live Adult Businesses By -law (2002 -197. as amended) in 2009. ✓ The by -law permits three (3) adult entertainment parlours in the municipality. All available licences are spoken for at this time. ✓ Either an existing licence would have to lapse or Council would have to amend the bylaw to increase the numbers permitted to four (4). ✓ Sam's Montrose is in the right zoning for an Adult Entertainment parlour. however. there are other Planning requirements that need to be satisfied. These are outlined in the attachment and have been provided to Mr. Bielich, ✓ Sam's Montrose currently holds a valid Body Rub parlour licence. 'fhe Live Adult Businesses By -law does not permit a body rub and adult entertainment parlour on the same premises. unless grandfathered. Simo is willing to give up his body rub licence. if an adult entertainment parlour licence was available. ✓ If a licence was available. all owners. operators and staff would have to satistY the licensing provisions of the by -law. ✓ Council is reminded that licensing and enforcement of adult entertainment parlours is delegated to the Licensing Unit of the Niagara Regional Police. Staff has not sought their comments on any increases to the number of licences available under the by -law. ✓ Mr. Bielich or his representative wish to speak to the matter. ✓ It would be for Council to decide whether to amend the by -law. RECOMMENDATION: For the Consideration of Council Working Together to Serve Our Community /Y, NiagaraaJ1s September 29. 2011 Mr. Simo Bielich Sam's Montrose 8675 Montrose Road Niagara Falls ON L2E 6S5 FAX: 905 -353 -9847 Dear Mr. elich: Re: Adult Entertainment Licence Thank you for y our fax and patience. 1 wanted to ensure that I had the pertinent information to pass on to you. In November 2002. Niagara Falls City Council passed the Live Adult Businesses By -law (2002 -197). a licensing by -Iaw, and related zoning by- laws. The by -law "grandfathered" a number of locations for adult entertainment parlours and hods rub parlours. The related locational requirements stipulated that future adult entertainment uses would be restricted to lands zoned industrial. The by -law also set limits on the numbers of the aforementioned uses: adult entertainment parlors at four (4) and body rub parlours at five (5). The licence for the fowler Concord a.k.a. Gentleman's Lounge lapsed in 2009. Also. despite hax ing a valid licence in 2008, the business had not operated for much of that calendar year. As a result. Niagara Falls City Council directed in late 2009 that the Live Adult Businesses By -law be amended to reduce the number of permitted adult entertainment parlours to three (3). I have attached a copy of the Council minutes and the amendment to the bylaw. Therefore, based on the above history, there is not a licence available. Council would have to amend the Live Adult Businesses By -law to increase the number of licences for your request to be considered. If a licence was available. there may be some additional Planning requirements that you would have to fulfill. Please refer to the attached provisions and schedules that have been provided by our Planning Department. If you have any questions, feel free to contact me. incerely, Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida @niagarafalls.ca -7- November 2. 2009 Council Minutes s:a vev 1ie No Parking restrictions on the westside of Ka la: Road to tetemnire -stEe.,et parking could be permitted in the winter months. F......3f. estigate arc` report back, to Counc.‘,11 on the bike iane narkes St Collections esea — s7a7ted Accounts RATIFICAT7ON OF CORPORATE SERVICES COMMITTEE ACTIONS he 7noCo7 of Councillor Pietrangelo, seconded by Coucflo Dicdat :=1T :ne :;=•7 1' ,..:orborate Seni;ces Committee. or No 2 2'72;00 ce tne 1 la. 2009 meeting be adopted as ecorciec: 7:'•0(D't back to CnUnri! Viith a rev dens i7 ac': . .=.7 - ,anted accounts 7. of transferring arrears of unpaid 'yvaterlseweT charges onto - tbe '.:ax account be discontinued effechie Noyerribe 3 2000 . BY-LAWS Carried :_;naniTious:%; - - - ontian..7; amendments to the Live Adult Busnesses By-aw Entertainment Parlours to three (IL with an effect,ie are C n e :r.OtiOr of Councillor P etrangelo, seconded by Co rroillo7 DiodP.t tha - :. the ;en a i7s reading. Carried Unanimously 201',; - eouire pre-consultation on certain Planning Act apoiloat:ons :ne o i\:.agara Falls. tc. amend By-law No. 89-2000, being a by-law to regulate parkirc and tra'ro CT, City Roads. ( Stopping Prohibited, Standing Prohibited, Pai Feavy '1/4./ehicle Restriction, Stop Signs at lntersections; 200 77 A by-:FI Iemporarily remove the public right of passage over a highway CITY OF NIAGARA FALLS By-law No. 2099 - 179 A by-law to amend B v-Jaw 2002-197, the _Live Adult Businesses By-law. WHEREAS in N 2002, Niagara Fails Counci passed the Live \du1t Businesses Hy-lin-v (tha "By-:aw"). a licensing by-Jaw; and WHEREAS tho‘ by-law Lirandfathered four f;Ht) existing locations for adult entertainment parlours, and \NA FREAS one or rhe four (4) permitted adult. entertainment parlours was located aL 5769 :arty Sire:: and WHEREAS the lCorice under the Fiy-1a;3.- fer 5769 Ferry Stre,at expired at the end of December 204 and WHEREAS ttiz1nce f:y 5769 1- ery Street, was not applied fo r renewed in 2069, as .nez the By - L and ‘8 2; 5 - .-k" af tile' prc dos rhai ft r_he Leer 1. :.1 adult eir_ertainniert pat lott: a1ewd to exniro. ho J ianaticn of the property i reoea.led und issuing an adult enter licence for Cre ` becomes p:ollibited. and WHEREAS based on .section 2(5) o!: Schedule "A" of the By-law, the issuance o: an adult enlertainment !icence IS prchibted at 5759 Ferry Street and NVIIEREAS on tic \- 2, 2509,7\::a:zara Falls City Council passed a resolution than it as no 1:31 in the pub,ie intere-st have four (4) adult eniariainim-mt i. in the inunijpality; and WHEREAS fen faiitlf,:. of 1:11a ani.Lt:,mierrair nient - 5arlour at s /69 Ferr indicates that tda N'itigara Fal:s r,o rno than_ 13 EIJI& ,T.n.it--t parlours 111E, COUNC11 OE 1 HE CORPORA ! ki 1 OF IARA FALLS F ACTS AS FOLLOWS; SCht :A„ section 2( 1 la) s hereby amended by deleting the word - fetus' and replat:ing it with the word "three". Schedule A. section 2( 1)(b) is hereby amended by deleting the word "four" and replacing it with the word "three". . Schedule A, section 2(2) is hereby amended by deleting the word "four" and replacing it with the word "three". SLduL A. i 2i1) Eir1cleci ktir Rtry tret hcJu1 \. sec :t.111 2 k 11;!rchN a to read a roEitm's: 8860 1 und 's Lone i 21 88 / .(.1ri1/4.1\ * S. fatIl Stro_st taL ;v1,1 2( _Passed ti s sixteenth dav of November, 2009, .! 1). / j , i t .t /..4 I i .4..,. .. \ ',`-.. ic q?,..1n) \,('I. v (..''. 1-RK ;41 • , P.) HP rh H. '.{)-4 -2- ( .■ t ..... . . . ..... . . , , RI SAT-CL MAYOR GENERAL PROVISIONS FOR INDUSTRIAL ZONES 10.1 Subject to section 10.2, no person shall, within any Industrial Zone, use any land or erect or use any building or structure for the purpose of a retail store. 10.2 Section 10.1 shall not apply to prevent the offering or keeping for sale at retail of goods, wares, merchandise, substances or articles through a "factory outlet" but only where and as long as: (a) such "factory outlet" is incidental, subordinate and exclusively devoted to an industrial undertaking being carried on at the same location as such "factory outlet ", (b) such goods, wares, merchandise, substances or articles are manufactured or produced at such location by such industrial undertaking. (c) such "factory outlet" is contained in or attached to the building in which such industrial undertaking is being carried on. 10.3 Where a building or structure within any PI, LI, GI, or HI Zone was lawfully used at the 81 -62 day of the passing of this By -law for a purpose prohibited by this By -law, nothing in this By- #51 law shall apply to prevent, (a) the reconstruction of any such building or structure that is damaged subsequent to the day of the passing of this By -law by a cause or causes beyond the control of the owner, or (b) the alteratio or rep of any such building or structure, provided that (i) such reconstruction, alteration or repair will not increase the height, size or volume of such building or structure and (ii) such building or structure continues to be used in the same manner and for the same purpose as it was used on the day of the passing of this By -law. 10.4 Where a lot in any PI, LI, GI or HI Zone having a lesser lot area and /or lot frontage than that required under this By -law is held under distinct and separate ownership from all abutting lands as shown by a registered conveyance in the records of the Land Registry Office as at the 5th day of November, 1979 or is created as a result of an expropriation, nothing in section 4.11 or in the regulations for the zone in which such lot is located shall prevent the use of such lot or the erection or use of any building or structure on such lot for a use permitted in such zone provided that the lot area of such lot is not less than 650 square metres and lot frontage of such lot is not less than 15 metres and further provided that all the remaining regulations for the zone in which such lot is located shall apply and are complied with. Adult Entertainment Parlours and Body -Rub Parlours which are permitted within PI, LI, GI, HI and TDI zones shall only be permitted subject to the provisions of the applicable zone category as well as the following provisions: 6996.8 sq. ft. 49.2 ft. 10.5 2002 -201 111 (a) Adult entertainment parlours and body -rub parlours are only permitted within areas 2004 -14 shown hatched on Schedule C and Schedules C -A through to and including C -F and Schedules C -H through to and including C -K. (b) Adult entertainment parlours and body rub parlours must be separated from each other by a minimum distance of 300 metres measured from building to building; and (c) Adult entertainment parlours and body -rub parlours are permitted only in freestanding, single use structures. (d) No body -rub parlour shall have a gross leasable floor area greater than 300 square 3229 sq.ft. metres. (e) No adult entertainment parlour shall have a gross leasable floor area greater than 10.000 sq.ft. 929 square metres. 112 SECTION 11 - INDUSTRIAL ZONES 11.1 PRESTIGE INDUSTRIAL ZONE (PI ZONE). 11.1.1 PERMITTED USES: No person shall within any PI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses, provided that each such use except the uses described in clauses b, I, j and I is conducted within a completely enclosed building and is not prohibited under section 4.8: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi - processed or fully processed materials. and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water carried waste (b) Car rental establishment, truck rental establishment (c) Car wash (d) Cold storage plant (e) Commercial printing and associated services establishment (f) Consulting engineering office (g) Ice manufacturing plant (h) Laboratory - experimenting, commercial or testing (i) New car agency (i) Nursery for trees, shrubs, plants (k) Public garage, mechanical (I) Used car lot (m) Warehouse (n) Wholesale establishment (o) Winery 2002 -201 (p) Adult entertainment parlour, subject to the provisions of section 10.5 2002 -201 (q) Body -rub parlour, subject to the provisions of section 10.5 (r) An office which is an accessory use to one of the foregoing permitted uses. 11.1.2 REGULATIONS: Subject to section 11.1.3, no person shall within any PI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations. 99.0 ft. (a) Minimum lot frontage 30 metres 21530.0 ft. (b) Minimum lot area 2000 square metres 33.0 ft. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 113 11.5 ft. (d) Minimum interior side yard width 24.6 ft. (e) Minimum exterior side yard width (f) Minimum rear yard depth 50.0 ft. ( where the rear lot line abuts a residential zone 24.6 ft. (ii) where the rear lot line does not abut a residential zone 40 0 ft. (g) Maximum height of building or structure (m ) (0) 114 3.5 metres 7.5 metres plus any applicable distance specified in section 4.27.1 15 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 12 metres subject to section 4.7 (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid point of the wall in question. (1) Maximum lot coverage 60% (j) Minimum landscaped open space 5% of the lot area AU of the required front yard, except for any driveways and parking area, which shall not exceed, in the aggregate, 33% of the required front yard shall be maintained as landscaped open space. In the case of a corner lot, the exterior side yard shall be subject to the same landscaped open space regulations as for a front yard. In addition, that portion of the rear yard abutting on a side street, except for any driveways, shall be maintained as landscaped open space to a depth of 1.5 metres. (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 Property abutting railways. Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right -of -way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right -of -way (n) Outside storage: Except in the case of the uses described in clauses b,i,j and I of section 11.1.1, no person shall use any part of the front yard or exterior side yard of any lot for the purpose of outside storage. External design: The front exterior walls of any such building shall consist of stone, brick, architectural reinforced concrete, profile type concrete masonry units, glass and metal combinations, or any combination thereof. The front 6 metres of each side exterior wall of any such building shall consist of any of the foregoing or of masonry, architectural metal, asbestos cement or material of similar standards provided that where a side exterior wall faces an abutting street it shall consist of the same materials prescribed for the front exterior wall of such building 11.1.3 REGULATIONS FOR CAR WASHES: The regulations in clauses a to g inclusive, i,j, and m of section 11.1.2 shall not apply to car washes in PI Zones. The remaining provisions of section 11.1.2 and all of the supplementary regulations for car washes in section 4.22 shall apply to car washes in PI Zones. 115 Applicant: City of Niagara Falls SCHEDULE C (INDEX MAP) TO BY-LAW No 79 200 Industrial Areas Permitting Adult Entertainment Parlours and Body-Rub Parlours (After app!;cation of separation distances from sensitive Yonee, and uses and QEW High\Aiay) /- • - •__ _ = ; - " - 5 - , ttiti,rw."S , - _ - _ Tr; n - - - 14c,IE-O3 _ - -1- - --_ , _ - -...., - - - ---... - _ . 70- - > < = - _ _ Amending Zoning By-Law No. 79-200 N 1:NTS AM-2909-002 SCHEDULE CC TO BY-LAW Nos 79-200 Applicant: City of Niagara Falls Industrial Areas Permitting Adult Entertainment Parlours and Body-Rub Parlours (After application o paration distances from sensidve zones, and uses and QEW Highway) Amending Zoning By-Law No 79-200 (r: 1:NTS AM-2009-002 (10/19/2011) Dean Iorfida - licence appeal.docx Page 1 To: The Mayor and the City Council We, Valerie and Simo Bielich have been together since highschool.We have both lived in this beautiful city since we were born. Valerie lived across the highway on Oakwood while Simo lived at the Montrose. Simo was brought up in the businesses including the Fairway Motel which was located on Clark and Buchannan, and Sam's Montrose. My grandparents raised me with much dignity. When my grandfather left Stelco Steel he came to Niagara Falls and bought the Fairway Motel and Montrose Motel. He had the first adult entertainment in 1967; he would bounce back and forth from the Montrose to the Fairway Motel. He helped over 500 families come to Canada and the majority coming to the Niagara Falls. Most of the businesses that were set up were because of my grandfather and city hall. The Montrose sponsored and donated to the working class, the management, the union and the professionals. The Montrose Hotel has seen a lot of business leave the area resulting in major businesses loss (Cyanamid, BF Goodrich, and Ford. Etc.). Also the closing of the highway accessible to the Montrose. We have tried to get our adult entertainment licence back for a long time. When David Crowe was alive we tried to get the grandfather clause but were told to wait until Mints or Concord sold or relocates to the Montrose. I have waited patiently for this to happen. Since the old Concord is gone, I'm asking for that licence to be issued back to the original property which is Sam's Montrose. The Montrose has all the criteria to host such a license. I'm not in the city but in the twilight zone out here. I'm asking you please consider my request for this licence for the Montrose. It has been left in the dark for quite some time now. I have no street lights, no sidewalk, no cable, no transit, simply no life out here. I'm asking again please give us a chance to repeat my grandfather's legacy. Yours Truly, Valerie and Simo Bielich 2011.09.22 12:12 PM SAMS MONTROSE Sam's Montrose 8675 Montrose Rd Niagara Falls, On. 1,2E 6S5 9U5 374 4544 Attn Mr. Dean idorforu 9053539547 PAGE. 2/ 2 I Simo Bielich and family have owned and operated Sam's Montrose since 1962. In that time we have seen a lot ofchanges inside and out, We've lost the Ford Plant, Cyanamid, I3F Goodrich and most of the traffic that passes by has died oft: in 1967 my grandfather had the first adult entertainment licence in the Niagara Falls. When my brother and 1 were getting older he transformed the bar into country and western so WC could help operate it while he was running the Fairway Motel on Clark/Buchanan. Several years ago Mr. David Crowe and I tried to get that licence back through the grandfather clause but was denied because the by -law stated only 4 in Niagara Falls were allowed, Meetings that were put forth indicated to me that if the Concord or Mints wanted to relocate that the Montrose hotel would be the l spot, Since there's no Churches /schools close by. Since business has been bad for everyone, mine also has dropped significantly. My intentions are to ask the city for the old Concords licence to operate at Sam's Montrose. It would insure money to be pulled in to enable the taxes to he paid along with 15 or more people to he given employment, The city hired the Butler Group to analyze the properties that could have adult entertainment and I meet the Criteria. I would ask the city "please" give nie a chance at surviving on the out skirts of town for 1 am voung and adore to work Would you please look into my situations and consider granting me niy uncles old licence. The Montrose Hotel is a legacy and I want to insure it keeps going. Thank for your time and consideration.. Yours truly. Simo T3ielich 2011.10.03 06:59 PM SAMS MONTROSE Sam's Montrose 8675 Montrose Rd Niagara Falls, On L2E 655 905 374 4544 Attn: Dean torfida 9053539547 PAGE. 2/ 10 These are documents I have saved. I hope you can take some time and look over them. To my knowledge I was in the understanding that I was grandfathered under the adult entertainment licence. I thought there was a bylaw stating. " If the same owner and same building" would be grandfathered since my grandfather had the first one in Niagara falls In 1967 and before his passing away, Mr. Crown and I filed to the city. At Tuesday's march 24` 1998 at city hall, there was a meeting that I attended. It was stated that if one of these licences wanted to move or relocate to Sam's Montrose it would be a blessing for the city. That the bylaw would state 4 only, then if one forfeited or closed I wold under the grandfather clause be able to apply for that licence. I think I've done a great job In maintaining this property and my grandfather would be so pleased, but traffic and business have change dramatically over the years. I just want a chance to survive out here. I would ask you to consider my request and hope to hear from you soon. Yours Truly. Simo Bielich Jr. 2011.10.03 06:59 PM SAMS MONTROSE February 18, 1998 DELIVERED E. C. Wagg, City Clerk, City of Niagara Falls City Hall, 4310 Queen Street, Niagara Fails, Ontario 1.2E 6X5 Dear Sir: DAVID A. CROWE, 8.n., Barrister and Solicitor 6617 Drummond Road, Niagara Falls, Ontario L2G 4N4 TEL.: (905) 356 -7755 FAX: (905) 356 -7772 9053539547 PAGE. 4/ 10 Re: Proposed By -law No. 98 -33 being a by -law to amend By -law No. 97 -249 Your File No 91 CNF000.065 Re: 516079 Ontario Limited carrying on business as "Sam's Montrose Hotel ", Jovo Bielich, President 8675 Montrose Road (corner of Montrose Rd, and Creek Rd), Niagara Falls, Ontario I have been asked to write to the City of Niagara Fails on behalf of the above -noted establishment and owner to request consideration of including the lands and premises of Sam's Montrose Hotel as a defined area of owners' licences for an adult entertainment parlour. The lands and premises of Sam's Montrose Hotel are located at the corner of Creek Road and Montrose Road approximately 1.5 kilometres south of Niagara Square. There is little or no residential area (which is unowned by 516079 Ontario Limited which operates Sam's Montrose Hotel) adjacent to or, in fact, within a considerable distance of these premises. The hotel premises are bounded on the east by the Queen Elizabeth Highway; on the south by a commercial use junkyard, one residence and the Welland River; on the west by lands zoned "light industrial" which ultimately becomes "heavy industrial "; and, on the north by lands zoned "light industrial" extending approximately 1 .5 kilometres to Niagara 2011.10.03 06:59 PM SAMS MONTROSE 2 9053539247 PAGE. 5/ 10 Square. This site is ideally situated for the establishment of an adult entertainment parlour in that there would be no intrusion on existing residential areas or on existing commercial areas or in any way an intrusion on the tourist commercial centre of Niagara Falls. Mr. Bielich and his family have operated their business since 1963 and Mr. Bielich was one of the first proprietors to have adult entertainment (exotic dancers) as a form of entertainment in his business. Mr. Biefich has tried a multiplicity of forms of entertainment to attract business to his establishment and all have proven to date to be relatively unsuccessful. In the years since Mr, Bielich has owned the premises, he has lost his access to the Queen Elizabeth Highway and has watched the demise of heavy industry to the west of his premises along Creek Road and the closure of the Ford Glass Plant north of his premises. In general, an overall decline in the number of persons passing through the area or being employed in the vicinity of his establishment has occurred Mr. Bielich's ability to obtain an adult entertainment parlour licence would enhance the economic viability of his business, make him more competetive and allow for extensive renovations of his property. It is anticipated that once fully in operation, fifteen to twenty fulltime jobs would be created and perhaps as many as an additional fifteen to twenty part - time jobs would be created. If one were to review all existing sites for an adult entertainment parlour, I am sure one would agree that this is the most logical venue and the least intrusive upon any other existing use. I am certain that Mr. Bielich's request for the inclusion as a defined area will meet some opposition from persons who have some "moral aversion" to adult entertainment parlours in particular but however I point out to you that Mr. Bielich has operated his business for now some thirty - five years in a good and conscientious manner and in accordance with law. It is to be assumed that he will continue to do so and that there will not be any illegal purposes conducted on the premises whatsoever. It makes good economic sense and is for a valid business purpose. I would certainly hope that Council will consider this request on its individual merits and not on a blanket agenda without regard to Mr. Bielich's individual circumstances and economic needs. 1 will be available at the Council meeting scheduled for Monday, March 2, 1998 at which time I am made to understand this issue will be again revisited. 2011.10.03 06:59 PM SAMS MONTROSE In light of the fact that the bylaws in question are licencing by -laws rather than zoning by- laws, I would ask that you accept this letter as Mr. Bieiich's application for inclusion as have indicated. Yours very truly, DAVID A. CROWE DAC:cd cc. Mayor Wayne Thomson cc. Mr. R. Kallio, City Solicitor cc. Mr. Jovo Blelich 3 9053539847 PAGE. 6/ 10 2011.10.03 07:00 PM SAMS MONTROSE April 17, 1998 Mr. E. C. Wagg, City Clerk, City of Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Dear Sir: Re: Proposed By -law No. 98 -33 being a by -law to amend Bylaw No. 97-249 Your File No. 91 CNF000.065 Re: 516079 Ontario Limited carrying on business as "Sam's Montrose Hotel ", Jovo Bielich, President 8675 Montrose Road (corner of Montrose Rd. and Creek Rd), Niagara Falls, Ontario My client has requested that I write and request that the above matter be brought forward as soon as the staff report is prepared. We are hoping same can be brought on before Council prior to May 15, 1998. Yours very truly, DAVID A. CROWE DAC:cd cc. Mayor Wayne Thomson cc. Mr. R. Kallio, City Solicitor cc. Mr, Jovo Bielich DAVID A. CROWE, B.A., LL.B. Barrister and Solicitor 6617 Drummond Road, Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 9053539047 PAGE. 7/ 10 2011.10.03 07:00 The City of Niagara Falls Cant I)C;[r Sir: PM SAMS MONTROSE Da‘ id A. Crowe_ E3.1 \,. L (..li. E3.irri:ster :old Solicitor. (4)17 1 )rtuntttund Road. '\iallara Falls, Ontario. i 1( 4N4 Clerk's Department 4310 Que: nn Street P.O. Box 1023 Niagara Falls. Ontario L2F 6X5 Tel Fax E -mail. wet) site (9051 356 -752' (Kb) 356 -9083 clerks @caty.niagarafails.on.ca www city niag irafalls on. ca 9053539847 lvlarch 3. 1998 Re: Proposed Us -lark No. 9H -33 being a by-law to amend By-law :; \o. 97 -249 - 516079 Ontario Limited carrying on business as "Nam's Montrose Hotel" 8675 Montrose Road. Niagara balls. O„)ntar his \A. i f I acl.rnu\`r ieduc receipt 01 \ our correspondence or Fchrr;an 18. 1 and wilt scrvt= to inft )rm ou that (ouneil at their I tit rt ,uHi n held on IN I wda\ . 11;irch 2, 1 c?OX referred the request to Stahl for consideration Yours truly. I'. C. \;1 du . ('Icil. L:xt: 4271 PAGE. 2/ 10 EC. Wagg, C.M.O. City Clerk MAR 8 5 t 2011.10.03 07:00 PM SAMS MONTROSE March 3, 1998 City of Niagara Falls Clerk's Department P.O. Box 1023 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Yours very truly, DAVID A. CROWE DAC:ic CC: Mr. George Radojcic DAVID A. CROWS, Bak., LL.B. Barrister and Solicitor 6617 Drummond Road, Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 9053539247 PAGE. 9/ 10 Re: By -Law No. 98 -09, Adult Entertainment Licensing By -Law And Re: Proposed By -Law No. 98 -33 amending By -law 97 -249 And Re: Application by 516079 Ontario Limited for inclusion in defined area of owners' licences for an adult entertainment parlour I am writing to confirm my attendance at the Council meeting of yesterday's date wherein this matter was referred to staff for further discussion. In relation to the above matters, I would be pleased to meet with staff and /or members of Council at the earliest opportunity so that this matter can be discussed and hopefully, some consensus reached. I look forward to being advised by your office of proposed meeting times and places at your earliest convenience. 2011.10.03 07:00 PM SAMS MONTROSE GF-ORGE RADOJCIC BARRISTER & SOLICITOR NOTARY PUBLIC P.O. BOX 925 4672 QUEEN STREET NIAGARA FALLS, ONTARIO L2E 6V8 (905) 374 -7727 FAX: (905) 374 -4031 J March 9, 1998 SENT BY FAX - 336-7772 DAVID A. CROWE Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Dear Sir: Re: By -Law No. 98 -09, Adult Entertainment Licensing By -Law Proposed By -Law No. 98 -33 amending By -Law 97 -249 Application by 516079 Ontario Limited for inclusion in defined area of owners' licences for an Adult Entertainment Parlour Further to my secretary's telephone discussions with Kathy from your office, pleased be advised that a meeting has been scheduled for Tuesday, March 24th, 1998 at 11:00 a.m. at City Hall in regard to the above -noted matter. I trust the above is satisfactory. Yours very truly, 9053539547 George Radojcic /ed cc: Mike Rudan - Sundowner Inn cc: Carmen Grisafi - Mints Night Club cc: Umberto Varela - Seductions Executive Lounge PAGE. 10/ 10 OA re 4; f';1 /1 L � iv? Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: October 24. 2011 & Members of Council FROM: Dean Iorfida Cite Clerk Ext. 4271 RE: Dm% ntoIN n BIA Request Attached please find correspondence from the BIA requesting free parking. The construction was slated to go to November 25'. Obviously. the BIA is contending that the construction has had an impact on business. Transportation Services reports that the impact on our operations budgets both meter revenues and parking fines would be 58.000.00 for this time period... It should he noted that the BIA usually makes such a request for December Ibr the holiday season. Finally_ staffvould still enforce the tNAo- hour parking limit for the Queen Street spots. RECOMMENDATION: For the Consideration of Council Working Together to Serve Our Community (10/19/2011) Dean lorfida - Free Parking Page 1 From: "General Manager" <gm ©niagarafallsdowntown.com> To: "Dean lorfida " <diorfida ©niagarafalls.ca> CC: "Bob Bolibruck " <bbolibruck ©niagarafalls.ca >, "Bert McCatty" <4342queen... Date: 10/13/2011 4:39 PM Subject: Free Parking Hi Dean: The BIA held its monthly board meeting last night. The board is very upset with Al asphalt the company awarded the sidewalk construction on Queen Street. It appears that the construction is not going to be completed on time Therefore the BIA is requesting that parking on Queen Street be made free until all construction is completed. Can you bring this to council on October 24? Regards, Nemanja Kuntos BSc General Manager BIA Downtown Board of Management Office Location 4660 Queen Street Niagara Falls. ON L2E 2L8 P 905-356-5444 C. 289 - 407 -2989 F 905- 356 -5667 <mailto:gm ©niagarafailsdowntown com> gm ©niagarafallsdowntown.com < http:// www .queenstreetniagarafalls.com /> www.queenstreetniagarafalls.com < http:/ /www.niagarafallsdowntown.com /> www.niagarafallsdowntown.com Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: October 24. 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Filling of Vacancies Library Board Dr. Ken Smith has tendered his resignation from the Library Board. Based on the vote from April 2011, the next candidates. tied in votes, are Elisabeth Teunis and Louis Visentin. The Finance Committee of the Library Board is recommending Anne Andres - Jones. Ms. Jones sat on the Library Board last term. She intended to apply this time but missed the deadline. Council is free to select one of the runners -up or the candidate recommended by the Finance Committee of the Library Board. Museums Advisory Board Kerry Painter has tendered her resignation from the Museums Advisory Board. Based on the vote from April 2011, the next candidate for consideration is Marie Henry. who served on the former Museum Board. RECOMMENDATION: For the Consideration of Council Working Together to Serve Our Community (10/19/2011) Dean Iorfida - Library Board replacement Page 1 From: Monika Seymour To: Dean Iorfida Date: 10/13/2011 8:19 AM Subject: Library Board replacement Dean, Thanks for you reply. As we had a Board Finance Committee meeting last night, we were able to discuss your information. The Board would like to recommend that Anne Andres -Jones be reappointed to replace the resigning member. We have re confirmed with her that is she is interested, and as I previously mentioned - it was a technical glitch that resulted in her application not being filed in time. She is experienced and has always been a real asset to our Board. If you need any thing further, please let me know. Please try to have this placed on the Council Agenda as soon as possible. Sincerely Monika Seymour Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: October 24, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Opposing Centralization of Provincial Offences (POA) Courts Please find attached a resolution from the Town of Fort Erie opposing the proposed centralization of the Provincial Offences and related documentation. The POA courts are at admittedly at capacity. Centralization may mean cost savings for the Region and Niagara Regional Police but could mean increased costs to the lower -tier municipalities to send their appropriate staff (Bylaw. Fire, Traffic) to attend to a centralized facility, if it is out of town. As the Welland County Law Association argues. the public should have easy access to the courts. Centralizing services will make access more difficult. especially for those without the means to transportation. Alternatively. with the Police Headquarters proposed for Niagara Falls. a consolidated POA facility would make sense in our community. RECOMMENDATION: For the Consideration of Council Working Together to Serve Our Community Legal & Legislative Services Bill Bernard, Associate Director, Court Services Niagara Region 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 September 15, 2011 Sent via email: bill.Bernardia,niagararegion.ca Dear Chair Burroughs. Re: Centralization of POA Courts in the Region of Niagara At the Council Meeting of September 12, 2011, the following resolution was passed regarding the above matter. WHEREAS there are four Provincial Offences Courts operating in the Niagara Region, and WHEREAS the Court Services Department of the Regional Municipality of Niagara is proposing the centralization of all Provincial Offences Courts into one location, and WHEREAS the Justice of the Peace is often the first point of access for the general public to the judicial system, and WHEREAS the Provincial Offences Court deals with a wide range of legal issues including enforcement of the Highway Traffic Act, the Ontario Building Code, the Ontario Fire Code, the Occupational Health and Safety Act, and offences as regulated by the Ministry of Transportation and the Ministry of the Environment, and WHEREAS these offences while not criminal can have quasi criminal ramifications including extensive fines demerit points for driving offences, loss of driving privileges and in some cases loss of liberty, therefore access to justice for the defendants is paramount, and WHEREAS the Welland County Law Association, of which three of the Provincial Offences Courts falls within its jurisdiction, being Welland Niagara Falls and Fort Erie indicates their members are adamant in the necessity of maintaining the multiple courthouse facilities in order to ensure the continued access to justice for the defendants on all provincial offence matters and WHEREAS the members of the Wetland County Law Association are concerned that the Regional report emphasizes monetary efficiency and judicial police and /or staff convenience without representing and reference to the general interests of the public at large, NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby supports the Welland County Law Association in its opposition to the Regional Report proposing the centralization of POA Courts in the Region of Niagara for the reasons set out in their position letter dated August 15, 2011 and further The Corpnrarton of the Tow n of Fort 1 • ne Muni, ipal ( entre 1 f 1unieipal Centre Drive Fort Erie Ontario ( anada 1 'A 2S6 (Mitt. HF■urti 8 10 a lit ti, 5 00 p ni Tel (905) 871 1600 Fax (905) 871 4022 Web Site tnrtene (In /2 Bill Bernard, Associate Director, Court Services Page two THAT:The Regional Municipality of Niagara be so informed of this action and the detrimental affect it will specifically have on the POA Court in Fort Erie, the citizens and defendants of Fort Erie and the impact on the downtown area of Jarvis Street, and further THAT:The appropriate persons be so notified of this action. We thank you for your attention to this matter. Ygxtis very truly, Carolyntl. Kett, A.M. .T., Town Clerk ckett(afbnerie.on.ca CJK /dlk c.c. Jennifer L. Feren, President Welland County Law Association wcla(ci.execulink.com Niagara Area Municipalities sent via email August 15, 2011 WELLAND COUNTY LAW ASSOCIATION SENT VIA E -MAIL TO: bill.bernard @niagararegion.ca Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 RECEIVED AU MAYO = 'S 0 TOWN OF FORT ERIE Attention: Bill Bernard, Associate Director, Court Services Dear Sir: RE: CENTRALIZATION OF POA COURTS IN THE REGION OF NIAGARA Currently there are four locations where Provincial Offences Courts operate that service the 12 jurisdictions, which courts are located throughout the geography of the Region. It is the proposal of the Court Services Department that there may be cost benefits and savings to centralizing in one location, although the exact location is not stated. Various cost efficiencies are explained. However, the real impact on the public is completely overlooked. At the recent swearing in of the Honourable Justice of the Peace Nancy Elizabeth Rogers -Bain, each of the parties addressing the court from the representatives of the Ministry of the Attorney General, the Ontario Bar Association and representatives of the Bar each spoke of the fact that the Provincial Offences Court is overseen by the Justice of the Peace is often the first point of access of the general public to the judicial system. The Provincial Offences Court deals with a wide range of legal issues including enforcement of the Highway Traffic Act, the Ontario Building Code, the Ontario Fire Code, Occupational Health and Safety Act, and offences as regulated by the Ministry of Transportation and the Ministry of the Environment. These offences while not criminal can have quasi criminal ramifications including extensive fines, demerit points for driving offences, loss of driving privileges and in some cases, loss of liberty. The importance of the access to justice for the Defendants is paramount. The ability to offer a defence with regard to any charges is a fundamental foundation to our system of law. The Regional Report was forwarded to the undersigned as the President of the Welland County Law Association, an association of approximately 150 members of the civil and criminal Bar practicing primarily in Niagara South, which comprises the municipalities of Welland, Niagara Falls, Fort Erie, Port Colborne, Wainfleet, Pelham and Thorold. Of the Provincial Offences courthouses, three of them fall within our jurisdiction being in Welland, Niagara Falls and Fort Erie. www.execulink.comJ-wellaw 102 East Main Street Welland, Ontario L3B 3W6 Telephone: 905.734.3174 Facsimile: 905.734.1883 wcla @execulink.com ti cc_ / RECEIVED SEP 1 2 2011 - 2 - In canvassing our members with regards to the report tendered, the members that responded were adamant in the necessity of maintaining the multiple courthouse facilities in order to ensure a continued access to justice for the Defendants on all Provincial Offence matters. The members of the Welland County Law Association are concerned that the report emphasized solely monetary efficiency and judicial police and/or staff convenience without representing and reference to the general interest of the public at large. The general public is a stakeholder too. In fact, the most important one, as the courts are present in order to serve their interests. Access to justice can be negatively affected by one sole centralized POA court. We live in a Region of many municipalities and do not currently have effective inter- municipal transportation. Considering a vast majority of the charges heard in Provincial Offences Court are Highway Traffic Act charges, many of the Defendants may be disentitled to drive a motor vehicle due to the very charges before the courts. Without reliable, quick, efficient and cost effective inter - municipal transportation, how are these Defendants to find their way to a court in order to have their entitlement to defend themselves on the charges laid? The costs to community members on restricted income to incur the cost of taxi transportation, which could be from outlying regions in Fort Erie, Ridgeway, Crystal Beach, Port Colborne and Wainfleet to possibly St. Catharines, could be cost prohibitive, thereby causing a Defendant to simply plead guilty due to the impossibility of proceeding to defend their action in court and due to the costs of attending. It must be remembered, that most Defendants do not merely appear in court on one occasion prior due to a charge laid. A Defendant often has multiple occasions for attendances while waiting to get disclosure, while attending pre - trials, attempting to negotiation a resolution, enter a plea bargain if appropriate, or stand for trial. In addition, those same individuals would be required to travel further, which would mean more of their time would be tied up in attendance at court with parties from Crystal Beach for example, having approximately a 40 minutes drive to St. Catharines, if they are able to travel in their own motor vehicle, extensively longer if trying to access inter - municipal transportation in each direction, over and above their actual court appearance time. This will change their experiences from potentially attendance times and absences from work of a few hours to the better part of a day. For a Defendant who is in a low paying or minimum wage job, the loss of income for having to take the additional time off to include the travel time, again may be a reason that a Defendant pleads guilty in order to avoid the additional costs from lost wages to attend court. Similarly, if a Defendant in an outlying area such as Crystal Beach needs representation for these charges, they will then be forced with having to decide between: (a) retaining counsel in their local municipality for ease of attending appointments with counsel but the unfortunate consequence of having to pay their counsel additional costs for travel time to the further courts and/or the additional wait times their counsel will endure due to the increased length of lists when court is only held in one jurisdiction; or, (b) retaining counsel outside their immediate municipality but closer to the court where they will then have increased costs and/or inefficiencies in having to make arrangements to meet with their counsel in the outlining community simply to save the cost of their counsel's travel and attendance time. It will be difficult for the Defendant who is in a low paying job, senior citizen with a fixed income or the Defendant who has recently lost work to determine how to budgetarily balance the personal - 3 - expenses versus the cost of defending their action in court, which costs will increase if the courts are centralized, especially if centralized in St. Catharines. In addition to all members of the Welland County Law Association being committed to ensure that the general public has access to justice in a cost effective and efficient manner, it is also the concern that members of the Bar, if they cannot offer the services in a cost effective manner for their clients, may choose to no longer be able to represent clients in the Provincial Offences Court, which thereby may limit the choice of counsel available to Defendants, which also may affect their access to justice. It is the position of many of our members that the default position of the government should be that persons have the right to be tried in their own communities. The concern is that the people who are most vulnerable to centralization are the ones that might also have the most to lose and be most hurt by the decision to move towards centralization. Concern with regard to centralization will be that instead of their being efficiencies with regard to court time, having one location will simply mean that all cases are held in one location, which may mean the time to process all of the cases on the list each day will be expanded and cause longer wait times throughout the day due to the increased volume in the one location. What is most troubling about the report is that the report is promoting ways to save tax dollars. However, the report fully acknowledges that the current system of Provincial Offences is a net revenue line item for the Region, who has 'net $25,000,000.00 since inception to the general coffers. The so called inefficiencies in the current four courthouse system obviously are not such that the taxpayer in fact is suffering any loss. Instead the Region is proposing to even further increase the revenue from the Provincial Offences at the very expense of the Defendants who have a right to have their day in court. In addition, from a municipal point of view, each of the four courthouses are in the downtown Regions of the municipalities. The courthouses in Welland, Niagara Falls and Fort Erie are in parts of the community who have struggled over the years to retain businesses and employment opportunities. Each of these three courthouses are large tenants in business districts who have suffered over the years with the exodus of business and citizens from the old downtown cores. These courthouses help provide a foundation to potential downtown revitalizations in each of the three communities. These courthouses bring people to the downtown, which generates additional parking revenues in their municipalities. As well, both the employees and other professionals participating in the justice system in these courthouses, along with the Defendants and other witnesses, support other local business within the same communities because of the fact that people are brought into a community and are proximate to the businesses that remain in the downtown cores. In conclusion, it is quite troubling to the members of the Bar to think that a department of the Regional Municipality of Niagara, which is meant to protect all of the citizens in our Region would suggest that a profit generating operation ought to be consolidated to a point that access for justice is damaged solely to elicit even further profit out at the expense of the general public's interest. As was clearly emphasized at the Swearing In of the Honourable Justice of the Peace Nancy Elizabeth Rogers -Bain, it is important for the members of the general public to have great confidence in our system of justice at their first access point, being the Provincial Offences Court. Yours very truly, WELLAND COUNTY LAW ASSOCIATION Per: JLF:kb Copy to: Je . Feren Pr: ent - 4 - Gary Burroughs, Regional Chair Douglas Martin, Mayor - Fort Erie John Teal, Councillor Jim Diodati, Mayor — Niagara Falls Bart Mayes, Councillor Barbara Greenwood, Councillor Selina Volpatti, Councillor Dave Augustyn, Mayor — Pelham Brian Baty, Councillor Vance M. Badawey, Mayor — Port Colborne David Barrick, Councillor Ted Luciani, Mayor — Thorold Henry D'Angela, Councillor April Jeffs, Mayor — Wainfleet Barry Sharpe, Mayor — Welland Cindy Forster, Councillor George Marshall, Councillor REPORT TO: Co- Chairs and Members of the Corporate Services Committee SUBJECT: POA Program Facilities- -Long Term Accommodation Plan RECOMMENDATIONS That this Committee recommend to Regional Council: That the Provincial Offences Act ( "POA ") Program, including all courtrooms, associated operations, administration and support services be consolidated into a single facility; and That staff be directed to develop a short list of sites and report back to Committee /Council with recommendations for the location and implementation of a single POA Program facility EXECUTIVE SUMMARY Niagara Region CSD 163 -2011 October 19. 2011 • On April 27, 2011, Committee received Report CSD 85 -2011 entitled "POA Program Facilities — Long Term Accommodation Needs" which noted that the present POA Program facilities suffer from difficulties in responding to the increasing number of charges, space and design inadequacies, unfavourable leases and building maintenance issues The Report recommended the consolidation of all POA Program operations into a single facility. As a result, Committee directed staff to `expedite planning and development of all POA courts not later than 2014 — including an expedited examination of the options for consolidation or continuing with community courts " • Staff have since provided an interim report to Committee and sought the input of the public and other stakeholders A summary of, and comment on, that input is outlined in this report • On October 19, 2011, staff and Niagara Region's consultants will present their findings to Committee and recommend that the POA Program, including all courtrooms, associated operations, administration and support services be consolidated into a single facility as the consolidation will facilitate: 1 the long -term delivery of more consistent, accessible and timely services to the public and all stakeholders; 2 the rectification of existing building, occupational, security and operational deficiencies; and 3 savings estimated at $500,000 per year rising to approximately $1,000,000 per year once the cost of a single consolidated facility is paid FINANCIAL IMPLICATIONS As indicated in staffs April 27, 2011 presentation to Corporate Services Committee (Appendix 1), a single facility housing all POA Program operations will result in savings of approximately $500,000 per year rising to approximately $1 million ('M ") per year once the cost of a consolidated facility is fully paid A subsequent analysis conducted by Niagara Region's consultants McClaren, Wilson and Lawrie, Inc , Architects ( "MWL ") indicates that annual savings may exceed $1M per year The 2011 POA budget included $310,427 for leasing costs for all facilities and a contribution of $ 500,000 to the POA Facilities Renewal reserve fund For each of budget years 2012 and 2013, staff propose to transfer a further $1 5M to this reserve fund which will, by the end of 2013, result in a total of $4 7M to address existing facility deficiencies, Niagara Region's Capital forecast has earmarked $6 875M towards the cost of rectifying POA facility deficiencies PURPOSE This report intends to update Committee and Council on the current status of POA Program facilities and recommend a plan for addressing POA facility deficiencies BACKGROUND The Region agreed to sub -lease an existing POA facility in Niagara Falls and entered into a per diem arrangement for the use of an existing POA facility in Fort Erie In both instances, the Region assumed turn key facilities. In St Catharines, plans to use space within the existing Provincial Courthouse did not materialize and alternate space in the downtown core area was leased In Welland, appropriate space adjacent to the existing Provincial Courthouse was leased Both the Welland and St Catharines locations required renovations prior to becoming operational CSD 163 -2011 October 19. 2011 Niagara Region assumed responsibility for the administration of the Provincial Offences Act ( "POA ") Program on January 29, 2001 Given the "as is" nature of the transfer and the compressed implementation timelines, a decision was made to lease facilities in Niagara Falls, St Catharines, Welland and Fort Erie From information provided by Ministry of the Attorney General ( "MAG ") officials prior to the POA transfer, Regional planning efforts focused on resources and facilities deemed sufficient to service a volume of forty thousand charges per year. Significantly, the charge 2 volume in 2012 is anticipated to exceed seventy thousand charges which has highlighted the urgency to address POA facility deficiencies Initial staffing levels suggested by MAG officials proved to be understated This fact and significant growth in workload volume for the period 2005 -2010 resulted in Council approving three additions to the POA staff complement (1 Prosecutor and 2 Court Administration Clerks) Growth and trends experienced over the past six years clearly demonstrate the need to develop a strategy to address long term accommodation needs A review of MAG data for the period 2005 -2010 confirms that, Niagara's POA courts have experienced a growth rate of 104% in charges filed. When compared with 14 other municipally administered POA Programs which have moved, or are in the process of expanding their facilities, Niagara's percentage growth rate was significantly larger than its nearest competitor and was over four times greater than the average provincial increase of 24% POA Court % Increase /Decrease in Charges Filed (2005 -2010) Moved /Expanded to Larger Facilities Since Transfer Niagara Region +104 Request at Council Oxford County +68 Planned for 2010 Durham Region j +59 Yes City of Toronto +48 Yes York Region +39 Yes City of Peterborough +30 Request at council Provincial Average + 24 n.a Grey County +17 Yes T City of Thunder Bay i +16 Planned for 2010 City of Barrie +15 f Yes Lambton County +11 -r Yes Town of Caledon 1 +2 Yes City of Mississauga -0 5 Yes City of Guelph -7 Yes City of Ottawa City of Brampton -8 Yes -15 ! Yes 3 CSD 163 -2011 October 19, 2011 Payments received (including Paytickets) +51% Suspensions +12% Applications for Extensions of Time to Pay +33% Appeal applications +13% Re- openings +130% Trial requests (Part I & III) +36% Disclosure requests +84% Part I Appeal appearances }99 Increased Work Volume The following chart illustrates percentage increases in workload volume experienced over the past six years as staff responded to demands for service from the public, the judiciary, enforcement agencies, members of the local bar associations and agents Number of: Charges fled Counter customers served % Change '05 to 10 +104% +5 CSD 163 -2011 October 19, 2011 Given the significant increases in service demands, the present condition of the court facilities, the time remaining in current leases and the lead time required for determining and implementing a solution, it is timely for Council to consider a long term accommodation plan for the POA Program. Current Lease Arrangements Niagara Region's POA facilities occupy 19,222 square feet of leased space in three permanently staffed sites located in Niagara Falls, St Catharines & Welland An additional 2,400 square feet is leased approximately 16 days per year, on a per diem basis, to serve Fort Erie matters POA facility leasing costs for 2011 have been budgeted at $ 310,427 Each location has space utilized for public areas, a single courtroom, an intake office, and secure areas reserved for the exclusive use of the judiciary and for prisoner detention The following table summarizes current lease arrangements 4 CSD 163-2011 October 19, 2011 Location Space Courtroom Leased Size Term of Lease Renewal Options Niagara Falls 7,024 sq ft 1,325 sq ft Nov 1/08 —Oct 2 additional one 31/11 year terms l � St 4,913 sq ft 1,223 sq ft Nov 1/08 —Oct 2 additional one Catharines j 1 31/11 year terms Welland I 7,285 sq ft 891 sq ft Nov 1/08 —Oct 2 additional one 31/11 year terms Fort Erie Feb 1/07 —Jan Currently der u 2,400 sq ft 1,307 sq ft 31/10 negotiation Total 1 21,622 sq. ft., ( 4,746 sq. ft., J Space & Design Inadequacies All current Program facilities fail to meet MAG design standards which require separate and secure areas for administration staff, prosecutors. the judiciary and enforcement officials The Niagara Regional Police Service, who provides courtroom security, and the judiciary, have both commented on the need to address security deficiencies in each site The Niagara Falls office (8 staff) has virtually reached maximum staff capacity There is inadequate records storage space and limited room for future growth in this location unless additional space is leased and major renovations are undertaken A recent building condition report noted that major and costly maintenance work will be required on this building in the near future Accommodation needs are particularly acute in the St Catharines office (9 staff) which is the busiest location Court proceedings are scheduled 5 days per week and staff provide service to approximately 48% of our total service counter volume This office has numerous design deficiencies including insufficient public floor space, a lack of records storage space and inadequate staff lunch room facilities Staff in this office have expressed concerns over the limited floor space in the service counter area and their ability to provide adequate customer service to the public There is no space to accommodate additional staff to assist in serving the public or to assist with the workload Simply put, this facility was not designed to accommodate current service volumes and the Program has outgrown the available space The design of the Wetland office is inefficient and has two office areas separated by a public entrance and stairwell. The "collections" side (5 staff) has limited growth capacity The "administration" side (3 staff) which includes the courtroom, an intake office, prosecutors' offices and judicial retiring chambers, has no growth capacity and lacks space to accommodate additional staff to assist in serving the public or assist with the workload 5 6 CSD 163 -2011 October 19. 2011 Aging and inefficient HVAC systems have periodic malfunctions which result in complaints from the public and uncomfortable working conditions for staff The costs of using and maintaining these aging systems are reflected in higher operating expenses When increasing demands for service, increased workload volumes, shortage of floor space, additions to the staff complement and the increasing need for on -site record storage are factored in, it is readily apparent that the building layout in each of the three sites contributes to inefficiency Efficiency Issues The staffing operation of multiple sites results in higher operating costs for office equipment and related office support systems It is necessary to purchase, maintain and support multiple pieces of office equipment (e g printers, photocopiers, and fax machines), maintenance agreements, high speed internet connections and telephone systems As well as the direct costs of mileage and parking, there are hidden costs related to foss of productivity as staff travel between sites. Supervisors must regularly visit each site to provide direction, oversight and guidance to staff. Prosecutors and Court Monitors travel regularly, and transport court records, between locations as dictated by the court master schedule Inevitably, there is a need to transfer staff to other locations to cover scheduled or unexpected staff absences The staffing of multiple sites precludes the efficiencies, synergies, consistent communication and customer service that would result if all services, records and staff were located on one site At present. training and work instruction for staff must be repeated in each location Given the variations in service demands, staffing levels and court schedules, certain activities and processes have, of necessity, been assigned to certain locations The transfer of court records between sites, and the processing delays which result, is a major inefficiency which would be eliminated by a single, consolidated facility Courtroom Utilization Courtroom utilization is determined by the master court plan developed by the Local Administrative Justice of the Peace, and approved by the Regional Senior Justice of the Peace, having regard for the availability of judicial resources, the availability of courtrooms and the number and type of matters being set for trial Over the past six years there has been a 36% increase in trial requests. These demands have resulted in a 65% increase in courtroom utilization and an increase in the number of days allocated on the master court schedule In addition, we have experienced a significant number of additional "ad hoc" court days being scheduled The increase in the master court schedule coupled with increase in the number of "ad hoc" court days has resulted in increased courtroom utilization As a result, Niagara is approaching a point where the demand for court -time may outstrip our ability to provide timely access to justice CSD 163 -2011 October 19, 2011 As this report is drafted, staff is scheduling trials into late June /early July of 2012, a delay in time to trial of approximately 9 months Case law suggests that delays beyond the 9 month range (from the date of the trial request to the trial date) may place prosecutions at risk of a successful constitutional challenge for delay of process Courtroom utilization rates have escalated to a point where consideration must be given fo securing additional Courtroom space to facilitate the setting of trials in a timelier manner The following table illustrates the current courtroom utilization rate and confirms that Niagara's POA Program is approaching maximum courtroom capacity i Location Courtroom Utilization Courtroom Utilization Rate 1 Rate i as a Niagara Falls 3 %days per week I 70% St Catharines 1 5 days week 100% 100% LWelland 3 1/2 days per week 70% Fort Erie i 16 days per year 100% J "Per Drem renfar from MAG REPORT The landscape of challenges facing the POA Program has broadened and has become better defined with time For several years staff has been reporting on challenges presented by an increased workload, inadequate facility design, structural deficiencies. lack of adequate space and increasing operating and maintenance costs In reports JBM 1 -2005 dated June 14, 2005 and CSD 142 -2006 dated October 24, 2006. staff reported on challenges related to the condition and operation of three permanently staffed POA Program facilities Subsequently, on September 28, 2010. the Joint Board of Management overseeing the POA Program on behalf of all municipalities requested that staff develop a long term plan for facilities and passed the following motion: "That Mr: Bernard, Associate Director, Program Services, meet with Mr. Brian Hutchings, the new Commissioner of Corporate Services, as soon as possible, to discuss facilities for POA courts and advised that POA Court facilities are a priority matter". Committee /Council Direction On April 27, 2011, Committee received Report CSD 85 -2011 and directed "That staff be directed to expedite planning and development of all POA courts not later than 2014 — including an expedited examination of the options for consolidation or continuing with community courts," 7 8 CSD 163 -2011 October 19, 2011 As a result of this direction, Niagara Region engaged the services of McClaren, Wilson and Lawrie, Inc , Architects and Planners ( "MWL ") to assist in the planning and development of options for long term accommodation needs for POA Program facilities MWL was selected primarily due to their experience with public institutions throughout North America and the experience and knowledge gained in developing the Niagara Regional Police Service accommodation master plan As part of theft work plan, MWL representatives attended fact finding meetings with POA and facilities management staff, participated in numerous information gathering conference calls and undertook site visits to all POA Program facilities and toured council chambers in Fort Erie, Welland and Niagara Region To ensure alignment with Committee expectations and to allow an opportunity for feedback and clarification, staff and MWL representatives presented an interim report on July 20, 2011 which generated additional questions /research Public /Stakeholder Input Staff also developed a website portal explaining the POA facility proposal, posting all reports and invited public comment through the use of popular social media In addition to public input, comments were also specifically sought from a variety of stakeholder groups including the judiciary, various provincial ministries, local enforcement agencies, the Niagara Regional Police Services Board as well as the Lincoln and Welland County Bar Associations. Of the forty -four (44) responses received, thirty -four (34) responses (77 %) were in favour of fewer POA Program facilities Generally, respondents cited efficiency, quality of service, reduced costs, a central location and access to public transportation as major factors to be considered, A copy of all responses and a summary chart can be found on the Niagara Region web site. All feedback was shared with the MWL consultants Support for a single, consolidated facility has been expressed (see Appendix 2) by the Local Administrative Justice of the Peace (LAJP) who noted that "a consolidated /central POA facility would allow us to better schedule matters before our Courts as well as the judiciary that preside in those Courts " The LAJP went on to state that "[A]ny reduction in these split assignments and consolidation of POA services generally would be an improvement from our standpoint " The Regional Municipality of Niagara Police Services Board and the Chief of the Niagara Regional Police Service (NRPS) provided a joint response (see Appendix 3) which confirmed that "consolidation will result in several cost benefits to the NRPS in the area of the administration and processing of Provincial Offence Notices along with a reduction in cost for court security Their response went on to state "the Board and the NRPS support the consolidation of POA courts into a single facility as being the most efficient and cost - effective option to the Niagara Region " The Niagara Detachment Commander of the Ontario Provincial Police also indicated his support for a consolidation of POA facilities in the Niagara area into one central location His response (see Appendix 4) noted that "efficiencies in scheduling of justices and admin staff will result in a more efficient manner in which trial and cases are managed " He went on to state that "[A] centralized location also keeps officers close at hand to respond to calls for service and attend court when needed Opposition to the Consolidation Proposal On September 12, 2011, the Town of Fort Erie has passed a resolution (see Appendix 5) supporting "the Welland County Law Association in its opposition to the Regional Report proposing the centralization of POA Courts in the Region of Niagara for the reasons set out in their position letter dated August 15. 2011 " The Welland County Law Association (WCLA) represents members of the civil and criminal bar who practice primarily in the Niagara South jurisdiction (which comprises the municipalities of Welland, Niagara Falls, Fort Erie, Port Colborne, Wainfleet, Pelham and Thoro(d) On August 15. 2001, the WCLA submitted a comprehensive response (see Appendix 6) opposing centralization of the POA Program Court facilities The issues raised by the WCLA, and staff's response. are summarized below: Welland County Law Association Issue Staff Response CSD 163 -2011 October 19, 2011 • Multiple Courthouse necessary to • Niagara South has 3 POA ensure continued access to justice courthouses serving 51 % of the Niagara Region population and is where 52% of the charges are filed • By comparison. Niagara North has 1 POA courthouse serving 49% of the Niagara Region population and is where 48% of the charges are filed • Consolidation proposal emphasizes • All apparently agree that monetary efficiency and convenience consolidation will reduce costs and over the general public interest create efficiencies 9 • Improved service levels to the general public due to concentration of courtroom, judicial, prosecution and administrative services and reduction in duplication • Enhanced building design including incorporating barrier free access requirements outlined in the Accessibility for Ontarians with Disabilities Act and security measures not available in existing facilities • Implementation of `function specific" service wickets will reduce wait times • Lack of an effective inter - municipal transportation will adversely impact defendants ability to attend trial and contest charges • Defendants must attend courthouse several times prior to the final disposition of their matter • Defendants face increased travel time • Defendants should have the right to be tried in their own community • Defendants do not presently have the automatic legal right to be tried in their own community or focal municipality The Provincial Offences Act requires that the proceeding be heard in the "county or district where the offence is alleged to have occurred ". • The Provincial Offences Act also permits the municipality to establish the court office in the location designated by the municipality 10 CSD 163 -2011 October 19, 2011 • Reduce confusion for the general public regarding appropriate location • Although no site has been recommended for a consolidated facility, a fundamental requirement of any recommended site will be that it be located on a transit route • 97% of POA trials involve defendants charged with traffic offences • In most cases, a defendant attends the POA facility to obtain disclosure and to attend trial • It is anticipated pre -trial appearances will be further reduced through the anticipated province wide implementation of Early Resolution measures in March, 2012 • Presently commute times to Niagara's POA facilities range from 7 to 51 minutes This compares favorably with other surveyed municipalities where commute times range from 18 minutes (Mississauga) to 1 hr and 15 minutes in (Durham) • Analysis of travel times to all Niagara Region POA facilities indicates 70% of Niagara's population would live within 30 minutes of a centrally located facility • Only forty (40 %) percent of defendants reside in the local municipality in which their trial is scheduled. CSD 163 -2011 October 19, 2011 • 30% of all POA defendants residel outside of Niagara Region • Centralization may result in longer 1 a Multiple courtrooms judicial officials wait times due to the increased prosecutors and other resources in volume in the one location one location will permit real time" transfer of cases from busy courts to less busy courts facilitating the earlier resolution of all matters • Taxpayers are not suffering any loss • Ail POA activities are funded by under the current system Program revenues rather than the property tax levy • However, more efficient use of POA resources will reduce operating costs and increase net revenue which lessens the burden on taxpayers and local municipalities and increases funds available to fund necessary municipal services • Consolidation will adversely impact ! • There is no known data available local parking revenue and support for i which indicates that defendants local businesses generate significant parking revenue or support for local businesses • most POA proceedings are resolved relatively quickly minimizing the defendant's stay in the downtown Responses to Councillor Information Requests 1) Provide data showing how many tickets issued and challenged In 2010, there were 66.188 Traffic Offences filed and 9,984 charges went to trial 2) Provide a chart showing how many POA charges relate to fatalities Staff could not find data specifically linking POA charges to fatalities but offers instead the following "Collision" statistics provided by the NRPS 11 COMPARISION OF POA CHARGES FILED TO FATAL & LIFE - THREATENING INJURY COLLISIONS 2005 - 2010 39 40 36 32 35 34 3) How do other municipalities compare in fatalities? This information has been requested but not yet received 4) Provide a comparison of square footage of courtrooms See chart page 5 re: leased space 5) What percentage of trials is related to driving versus other charges? In 2090, of the 68,229 provincial offences filed, 97% were traffic related and 3% related to other offences 6) Can municipal council chambers be used as POA courtrooms? CSD 163 -2011 October 19, 2011 Although the consultants have not yet completed an analysis of suitable sites for either single or multiple courtroom facilities, they have toured council chambers in Fort Erie, Welland and Niagara Region The consultants have concluded that these municipal council chambers are not suitable for use as courtrooms given design, accessibility, continuity and security challenges 12 CONCLUSION Operating multiple POA facilities is administratively inefficient, results in higher operating costs, increases the tax burden on the public and area municipalities and increases costs for other publicly funded stakeholders such as the judiciary and police In addition, the POA Program facilities leased by Niagara Region in St Catharines, Niagara Falls and Welland are not optimally designed to provide services and suffer from numerous operational, security and mechanical deficiencies that will have to be rectified promptly to ensure that the Niagara Region POA Program continues to provide public access to justice on a timely basis Consolidating POA Programs into a single, appropriately sized, purpose built facility will improve access to justice through more efficient administration and additional courtroom space which will facilitate greater flexibility, the scheduling of more trials and other proceedings and a reduction in the time to trial Program efficiencies will result from the concentration of judicial, prosecutorial, staff and physical resources as well as the ability to streamline service which will, in turn, increase access to timely justice and reduce service counter wait times for all stakeholders In addition, a consolidated facility will allow more effective supervisory oversight and will enhance staff training and process improvement opportunities Lower operating costs will maximize the potential for sharing larger amounts of net revenue between the Region and its area municipal partners Higher net revenue will assist in reducing the need to rely upon the tax levy to support local municipal services Staff believe that the public and the taxpayer will be the primary beneficiaries of this change. The consolidated approach for POA Program facilities is consistent with Council's stated objective to find program efficiencies and is echoed by the seventy -seven (77 %) percent of survey respondents who favor fewer POA Program locations. Submitted by: Approved by: Appendices - 6 13 2 Mike Trojan Brian Hutchings Commissioner of Corporate Services/ Chief administrative Offic r Treasurer CSD 163 -2011 October 19, 2011 This report was prepared by Bill Bernard, Associate Director; Program Services and has been reviewed by Mike Kyne, Director, Legal Services E-- (J W C N N N N N N N N N) N N N A s V 0) C 0) O) 0) A .A .A co CJ co N N N Cn "J N G1 O A A N O O O O O O A A A- N O O O 0 0 0 0 Ca -> Cr) Co G.: 0 co w 0) co N O C7nC � G)_C J m m _ �'_' (T� _E (D CD - C< (4. 5.; 5i CJ O co . c U, U.) C _" - < 0 n -0 CD O - ill S ce r CD n U =- ; CAD 0 a C n = AI Sp — (n - 1 a 1y I ll _ ..' 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CO A (0 (7> G) N A N' CO CJ o ' N W O • 00 Appendix 2 From: Phillips, Bruce Justice of the Peace (OCJ) i mailto:Bruce Philiips@ocj -cja caj Sent: Monday, August 22, 2011 3:12 PM To: Bernard, Bill Cc: Ceelman, John E Regional Senior Justice of the Peace (00.3) Subject: Consolidation uir POA Courts Importance: Hiah Mr BERNARD, Concerning your request for a response by the judiciary, we would like to make the following comments: From art administrative point of view, a consolidated /central POA facility would allow us to better schedule both matter before our Courts as well as the judiciary that preside in those Courts As you are aware, our Master Court Plan currently has spot assignments between different locations and various complexities that require Justices to travel between locations within the region, often for very short Court attendances Any reduction of these split assignments and consolidation of POA services generally would be an improvement from ow standpoint Whatever approach the Region decides to proceed with, the fudiciary would need to review that approach and provide specific comment as to how we can effectively provide judicial resources. We would also ask that r egardless of what plan is decided upon, that any new or refurbished facilities be built to the cur rent standards set by the Ontario Court of Justice We are please to assist the Region these regards Regards, Bruce EC W duce W Pff/L&ES Lrx•l Administrative frzstice of the Peaco_4ia,fara Clambers (9(la� 988-6200 r590 Cal (99D 9-3g-2989 App radix 3 July 28, 2011 Mr Bill Bernard Associate Director, Court SerV CeS Provincial Offences Court Administration 4835 Que Street, P 0 Box 840 Niagara Falls, Ontario L2E 6V6 Dear Mr Bernard: Sin erely, alts _ i sig Board Chair Niagara Police Services Board REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD 63 CF;LiiCH. S! BEET ST CAT HARINES 3tTFARiO I. 2R 37—'5 T !: (205) 685 -0321 =ax: (905) 635-005 -mail : nrpbasrdtc'3n rps c ;m Webslte :4'rt ;!a n-cs coal F - = =� `'fees °3'r`>4 ' FI Please accept this fetter on behalf of the Regional Municipality of Niagara Police Services Board and the Niagara Regional Police Service (NRPS) in response to your letter dated June 20, 2011 regarding the Provincial Offences Act (P0A) court operations in Niagara Region. Generally. the Board and the NRPS are it support of the oorsasidation of all POA Courts to a centralized location The Board and the NRPS have had an opportunity to review the report presented to the Regional Corporate Services Committee (CSD 85 -2011) with the options for consolidation or continuing with the three POA. court locations in Niagara Falls, St Catharines and Weiland, along with a satellite location in Fort Erie The Board and the NRPS have evaluated these options as referenced in Board Report #C. `01!2011. The Board Report identifies that consolidation will result in several cost benefits to The NRPS in the area of the administration and processing of Provincial Offence Notices (P {rat's), along with a reduction in cost for court security The only operational drawback identified is the potential of increasing travel times for officers. In an effort to reduce travel times, consideration of a court location in St Catharines is requested, as a larger proportion of PON's are :slued by officers in District 41 and the Special Enforcement Unit (SEU). which are both located in St Catharines i n closing, the Board and the NRPS support the consolidation of POA Courts into a single facility as being the most efficient and cost elective option to the Niagara Region I t will also benefit the taxpayers of Niagara through the reduction of ope rating expenses and the sharing of a potential increase in ref revenue koJA Wendy E. Southal Chief of Police Niagara Regional Police Service From: Sent. To Subject: Thanks Appendix 4 Bernard, Bill Idzenga., Jan (JUS) [Jan.ldzenga@uor:tario ea] Wednesday, June 29, 2011 2:39 PM Barnard, Bill Consolidation of POA Courts I am in receipt of your memo dated 22Jun11 in relation to the above noted subject I am in full suppclt of the consolidation of PCA courts in the Niagara area into one central location E believe efficiencies in scheduling of justices and adrnin staff wiii result in a more efficient manner in which trials and cases are managed One location, as we have expressed in our recent move to have all OPP matters moved to one location allows for more "available court dates" for officers to see that matters are dealt with in a timely and efficient manner A centralized location also Beeps officers close at hand to respond to calls for service and attend court when needed. "This would also allow fcr a tiered court system in vwt:ic`r we can assign officers to tiers so we are not having the entire shift off the road sitgng in court Personally, i feel that one central ral courthouse for both POA and Criminal matters under the same roof would be the best and ideal solution for all in relation to security, resource management, coordination of court space and justices and most importartiy fiscal responsibility 1 would encourage a pursuit of such a project as "the way to go" Jan Idzenga Staff Serb etn£ Detachment Corrma7dea Niagara Derachmem O.P.P Highway Safety Divk on Phoc. :e(9O )356= 1311EJ t 4410 CeLI (905) 331 -7249 C o' fL /1 * P"- u Niagara'IW`f Region REPORT TO: Co- Chairs and Members of the Corporate Services Committee SUBJECT: POA Court Facilities —Long Term Accommodation Nve.ds CSD 85 -2011 April 27, 2011 RECOMMENDATION That this Committee recommends to Regional Council: That POA court operations be consolidated into a single court facility and That staff be directed to expedite planning and development to enable consolidation of all POA courts not later than 2014. EXECUTIVE SUMMARY As agent for the twelve area municipalities, the Niagara Region operates three permanently staffed POA courts located in Niagara Falls, St. Catharines and Welland as well as a satellite court in Fort Erie. In administering multiple court facilities the Region, and the NRPS who are provision of court security, incur additional operating expenses beyond those which would arise from the operation of a single, consolidated court facility. Support for a single, consolidated court facility has been expressed by major stakeholder groups including the Joint Board of Management, provincial and local judicial officials, senior representatives of the Niagara Regional Police Service and the local detachment commander for the Ontario Provincial Police. The consolidation of POA court operations to a single facility would be the most cost effective and operationally efficient approach over the long term. Reduced operating expenses and efficiencies achieved would further ease the burden on Niagara's taxpayers through the sharing of potentially larger amounts of net revenue. 2 FINANCIAL IMPLICATIONS As discussed in this report. PURPOSE This report is to update Committee and Council on the current status of POA court accommodations and to obtain direction from Council on long term accommodation plans for POA court facilities. BACKGROUND When it assumed responsibility for the courts on January 29, 2001, the administration of Provincial Offences courts was a new line of business for the Region. Given the "as is" nature of the transfer, the Region entered into a rental sub -lease arrangement for the use of an existing POA court facility in Niagara Falls. Similarly, a per diem rental arrangement was entered into for the use of an existing POA court facility in Fort Erie. In both instances, the Region assumed turn key facilities. In St. Catharines, plans to utilize space within the existing Provincial court house failed to materialize and staff secured alternate space in the downtown core area. In Welland, appropriate space adjacent to the existing Provincial Court House was leased. While the Welland location required relatively minor renovations, the St. Catharines location required substantial renovations prior to becoming operational. In reports JBM 1 -2005, dated June 14. 2005 and CSD 142 -2006, dated October 24, 2006, staff reported on the challenges related to the condition and operation of three permanently staffed POA court facilities. No definitive action related to POA facilities was taken by Council at that time. The landscape of challenges facing the POA courts has broadened and become better defined over the past six years. Given the trends experienced, it is timely to update Council on the current state of POA court facilities and to request that Council consider this issue and provide direction to staff with respect to the long term accommodation goals for the POA courts. REPORT Based on information provided by provincial officials prior to the transfer of the POA court, Regional planning efforts focused on staff resources and facilities deemed sufficient to service a projected volume of forty thousand charges per year. 2 CSD 85 -2011 ApriI27, 2011 Moved/Expanded to Larger rt Facilities Since Transfer Request at Council Planned for 2010 Yes Yes Yes Request at council n/a Yes Planned for 2010 Yes Yes Yes Yes Yes Yes Yes While the volume projections were appropriate at the time, growth experience and trends over the past six years clearly demonstrate the need to recognize current workload issues and to address long term accommodation needs. A review of Ministry of the Attorney General data for the period 2005 -2010 confirms that, when compared to all municipally operated courts in the province, Niagara's POA courts have experienced the second largest percentage growth rate ( +104 %) in charges filed with the court. When compared with 14 other municipally administered POA courts which have moved, or are in the process of expanding their facilities, Niagara's percentage growth rate was significantly larger than its nearest competitor and was over four times greater than the 24% provincial total increase. POA Court Niagara Region Oxford County Durham Region City of Toronto York Region City of Peterborough Provincial Average Grey County City of Thunder Bay City of Barrie Lambton County Town of Caledon City of Mississauga City of Guelph City of Ottawa City of Brampton Increased Work Volume % increase /Decrease in Charges Filed with the Cou (2005 -2010 +104 +68 +59 +48 +39 +30 +24 +17 +16 +15 +11 +2 -0.5 -7 - 8 -15 3 CSD 85 -2011 April 27, 2011 Location Size Term of Lease Renewal Options Niagara Falls 7,024 sq. ft. Nov 1/08 — Oct 31/11 2 additional one year terms 2 additional one year terms 2 additional one year terms St. Catharines 4,913 sq. ft. Nov 1/08 — Oct 31/11 Welland 7,285 sq. ft. Nov 1/08 — Oct 31/11 Number of: % Change '05 to `10 Charges filed with the courts +104% Counter customers served +50% Payments received (including Paytickets) +51% Suspensions +12% Applications for Extensions of Time to Pay +33% Appeal applications +13% Re- openings +130% Trial requests (Part I & Ill) +36% Disclosure requests +84% Part I Appeal appearances +99% CSD 85 -2011 April27, 2011 The following chart illustrates percentage increases in workload volume experienced over the past six years as staff attempt to satisfy demands for service from the judiciary, members of the public, enforcement agencies, members of the local bar associations and agents. From 2005 to 2010, Council responded to the increasing demands for service by approving three additions to the POA staff complement (1 Prosecutor and 2 Court Administration Clerks) and the additional resources were appropriate, timely and assisted in addressing the workload. Given the trend in service demands, the present condition of our court facilities, the time remaining in current leases and the lead time required for determining and executing a facilities solution, it is timely and appropriate to bring the issue of long term accommodation of POA courts to Council for consideration and direction. Current Lease Arranqements POA court operations occupy 19,222 square feet of leased space in three permanently staffed sites located in Niagara Falls, St. Catharines & Welland. An additional 2,400 square feet is leased approximately 16 days per year on a per diem basis to serve Fort Erie matters. Total POA facility leasing costs for 2011 have been budgeted at $ 310,427. Each location has space utilized for public areas, the courtroom, the intake court, and secure areas reserved for the exclusive use of the judiciary and for prisoner detention. The following table summarizes current lease arrangements. 4 Fort Erie j 2,400 sq. ft. Total 21,622 sq. ft. Space & Design Inadequacies Feb 1/07 — Jan 31/10 5 CSD 85 -2011 April 27, 2011 Currently under negotiation 1 The three permanently staffed locations were originally designed for uses other than a Provincial Offences court and were not purpose built. In order to minimize initial start -up costs, design modifications were minimized. All locations fail to meet Ministry of the Attomey General requirements to provide separate and secure areas for administration staff, prosecutors, the judiciary and enforcement officials. Both the NRP and judicial officials have commented on the need to address and update numerous security deficiencies in each of the three locations. The Niagara Falls office (8 staff) has virtually reached its maximum staff capacity. There is inadequate records storage space and limited room for future growth in this location unless additional space is leased and major renovations are undertaken. Based on a recent building condition report, major and costly maintenance work will be required on this building in the near future. Our accommodation needs are particularly critical in the St. Catharines office (9 staff) which is our busiest location. This office has numerous design deficiencies including insufficient public floor space, a lack of records storage space and inadequate staff lunch room facilities. This location has court scheduled 5 days per week and staff attend to approximately 48% of our total service counter volume. Staff in the St. Catharines office have vocalized concerns over working conditions and their ability to provide adequate customer service to the public. There is no space to accommodate additional staff to assist in serving the public or to assist with the workload. Simply put, this facility was not designed to accommodate current service volumes and we have outgrown the available space. The design of the Welland office is inefficient, wasteful and houses two office areas separated by a common area. The "collections" side (5 staff) has limited growth capacity. The "administration" side (3 staff) which includes the courtroom, the intake court, prosecutors offices and the judicial retiring chambers, has no growth capacity and lacks space to accommodate additional staff to assist in serving the public or assist with the workload. Aging and inefficient HVAC systems have periodic malfunctions which result in uncomfortable working conditions for staff and complaints from the judiciary. With ever increasing utility rates, the costs of operating and maintaining these aging systems are reflected in high utility expenses. When increasing demands for service, increased workload volumes, shortage of floor space, additions to the staff complement and the increasing need for on -site record storage are factored in, it is readily apparent that the building layout in each of the three 6 CSD 85 -2011 April27, 2011 sites contributes to inefficiency and result in higher operating costs. Delays in addressing POA facility issues will negatively impact all stakeholders utilizing the POA courts. Based on past experience, staff believes that leasing facilities to house POA courts is untenable over the long term given the lack of control over maintenance and repair costs which are then passed along to the Region as tenant. Staff supports building ownership as a more effective, efficient, controllable and preferred method for POA accommodations. Efficiency Issues The staffing operation of multiple sites results in higher operating costs for office equipment and related office support systems. It is necessary to purchase, maintain and support multiple pieces of office equipment (i.e. printers, photocopiers, and fax machines), maintenance agreements, high speed internet connections and telephone systems. As well as the direct costs of mileage and parking, there are the hidden costs related to loss of productivity as staff travel between sites. Supervisors must regularly visit each site to provide direction, oversight and guidance to staff. Prosecutors and court administration staff must travel regularly between locations as dictated by the court master schedule. Inevitably there is a need to transfer staff to other locations to cover unexpected or scheduled staff absences. The staffing of multiple sites often precludes the opportunities, enhanced working environment, synergy and personal interaction that results when larger numbers of staff are located on site. Training and work instruction for staff must be repeated in each location. Given the variations in service demands, staffing levels and court schedules, some activities and processes have, of necessity, been assigned to certain locations. The movement of court records and information between sites, and the processing delays which result, is a major cause of inefficiency for court administration staff. Co- location of all POA staff to a single, consolidated facility would eliminate these costly inefficiencies. Courtroom Utilization Court utilization is determined by the master court plan developed by the Local Administrative Justice of the Peace, and approved by the Regional Senior Justice of the Peace, having regard for the number of matters being set for trial, the availability of judicial resources and the availability of courtrooms. Over the past six years we have experienced a 36% increase in trial requests. These demands have led to a 65% increase in courtroom utilization and a permanent increase in the number of days on the master court schedule. In addition, we have experienced a significant number of additional (ad hoc) court days being scheduled. Notwithstanding the permanent increase in the master court schedule, the increased number of ad hoc court days being scheduled and the increased court utilization, Niagara is quickly approaching a point where the demand for court time may outstrip our ability to provide access to justice in a timely manner. As this report is drafted, staff is currently scheduling trials late into the fourth quarter of 2011 and additional "blitz court" days are being scheduled to avoid scheduling trials into 2012. Case law suggests that delays beyond the 6 -8 month range (from the date of the trial request to the trial date) may place matters at risk of a constitutional challenge for delay of process. Our courtroom utilization rates have escalated to a point where consideration must be given to securing additional courtroom space which would not only relieve pressure for setting additional trials in a timely manner but which could potentially be utilized for quasi - judicial matters including OMB hearings. The following table illustrates the current courtroom utilization rate and confirms that Niagara's POA courts are approaching maximum courtroom capacity. Niagara Falls Welland Fort Erie* Location St. Catharines Per Diem rental from MAG for use by POA Court Maior Stakeholder Support Courtroom Utilization Rate 3 % days per week 5 days per week 3 % days per week 16 days per year 7 Courtroom Utilization Rate as a % 70% 100% 70% 10 CSD 85 -2011 April 27, 2011 The Niagara Regional Police and the Ontario Provincial Police, collectively, lay in excess of 90% of all POA charges. Senior representatives of both enforcement agencies have confirmed their support for a single, consolidated court facility. In addition to laying the majority of charges in the POA court, the Niagara Regional Police are responsible for providing court security. A single, consolidated court facility would simplify scheduling of court security officers, elevate the current level of security being provided through the establishment of perimeter security and would reduce the costs related to the number of security deficiencies currently requiring attention. The Joint Board of Management has expressed support for consolidation of POA courts as a means of maximizing net revenue potential. The Regional Senior Justice of the Peace and the Local Administrative Justice of the Peace have both indicated their strong support and preference for a single, consolidated court facility. They note that a single facility would assist in relieving judicial scheduling pressures, would improve overall efficiency and reduce the number of security concems. FINANCIAL IMPLICATIONS 8 CSD 85 -2011 April 27, 2011 In 2011, the POA budget included $ 310,427 for leasing costs for all facilities and a contribution of $ 500,000 to the POA Facilities Renewal reserve fund. In total, $ 810,427 was budgeted for POA facility issues, which is more than the $ 800,000 which would be required to finance the capital necessary to construct a new court facility. Based on figures used in the NRP Master Plan and recent tenders for the Grimsby and Fort Erie police facilities, staff estimates the cost to construct a new court facility at $ 356 per square foot. Assuming construction of a 10,000 square foot facility, costs are anticipated to be in the vicinity of $ 3,560,000 (in 2011 dollars.) This estimate includes construction and soft costs (contingency, architects fees, furniture, permits, etc.) but does not include property costs. Given the increase in requests for trial, demands for service, and noting the many facility deficiencies mentioned earlier in this report, a replacement for the St. Catharines POA court is viewed as a high priority concern. A 10,000 square feet replacement facility for the St. Catharines court would allow the construction of a much needed second courtroom which would greatly assist in reducing time to trial and would also reduce the need to transfer matters to other court locations. The additional space would increase the size of areas allotted for both public waiting and service areas, allow more space for staff and provide much needed storage space. While a new 10,000 square foot court facility can be expected to generate some efficiency through lower operating costs, such efficiency would be offset by increasing operating costs in the remaining leased court facilities. Staff believe that a far greater level of efficiency can be anticipated through a model which would see all courts consolidated in a single, appropriately sized, purpose built and owned facility. A single facility should result in lower operating costs over the long term, will increase staff efficiencies due to a concentration of resources, will provide more effective supervisory oversight will allow one time delivery of staff training, will maximize the potential for process improvement opportunities, and therefore presents the greatest potential to contribute to higher net revenue. It is estimated that consolidation of the POA courts could result in direct operational savings in the range of $ 142,574 to $ 162,443 annually_ Additional savings, which are more difficult to quantify, can be anticipated from the efficiencies gained by having all staff co- located in a single site. it is also anticipated that modest annual savings would also be achieved with the operation and maintenance costs due to the reduction in the number of facilities and a more efficient new building. Life cycle costs for the major building components are anticipated to be less than those associated with continued use of leased facilities. The following page provides an overview of capital requirements, reserves available as of the end of 2011, the estimated annual payment and years to pay off the debt. The POA Facilities Renewal reserve fund will have an approximate balance of $ 1.7 million at the end of 2011, funds which have been specifically set aside to assist in offsetting the costs of a new court facility. The $ 800,000 annual payment required to finance a new, owned POA court facility is less than the $ 810,427 amount allocated for facility related costs (i.e. lease costs and contributions to the reserve fund) in the 2011 approved budget. A comparative overview of costs related to a 10,000 square foot facility and a 20,000 square foot facility is noted below. Years to pay off debt ** St. Catharines Only CSD 85 -2011 ApriI27, 2011 Consolidated Model (10,000 sq. ft) (20,000 sq.ft.) Capital cost 3,560,000 7,120,000 Less: Reserves 1,694,058 1,694,058 Debt incurred 1,865,942 5,425,942 Interest Rate * 5% 5% Annual Payment $800,000 $800,000 2.54 8.49 * The interest depends on the market and Regional debt acquisition strategy at the time of acquisition. This is an estimated average rate. ** The debt issue length is subject to the Regions total debt issue and can vary. This is a high level estimate of options. Currently the Region is reviewing debt issuance practices and in a few months would be able to better substantiate the impact to POA_ If contributions to the reserve fund continue at the $ 500,000 level for the period 2012- 2014 (when construction of a new facility could be completed) an additional $ 1.5 million (for a total of $ 3.2 million) could be available from the reserve fund to offset costs. This would reduce the "debt incurred" amount to approximately $ 365,942 for a 10,000 square foot facility and to $ 3,925,942 for a consolidated 20,000 square foot facility, as well as reducing the years required to pay off the debt. The inclusion of this project in the Region's capital program will not negatively impact taxpayer affordability targets as the POA courts are self funding and do not rely on the tax levy. 9 Submitted by: Approved by: Since assuming responsibility for administration of the POA courts in 2001, the Region and the twelve area municipalities have shared net revenue totaling over $ 25 million. The sharing of net revenue proceeds has lessened the burden on local taxpayers. CONCLUSION Mike Trojan Chief administrative Officer The lease and operation of multiple POA court sites results in higher operating costs, inefficiencies and, over the long term, reduces the potential for the Region and area municipalities to share a larger base of net revenue. Appendix 1 (attached) provides an overview of the benefits and drawbacks of a consolidated court option compared to a multiple court option. As well as reducing time to trial for the public, consolidation of POA court facilities into a single, appropriately sized, purpose built and owned facility should result in reduced operating costs over the long term; increased staff efficiencies due to a concentration of resources and more effective supervisory oversight, staff training and process improvement opportunities. In addition, a consolidated facility could elevate the current level of security being provided through the establishment of perimeter security and would reduce the costs related to the number of security deficiencies currently requiring attention. Such changes may assist the NRP in reducing manpower costs for court security. Efficiency improvements will increase the potential to reduce operating expenditures and should result in higher net revenue available for sharing between the Region and area municipalities. In turn, higher net revenue will assist in reducing the need to rely upon the tax levy to provide local municipal services. Council will need to determine if money spent to lease multiple POA court facilities locations is money which could be better utilized to construct a new, consolidated court facility which would reduce operating expenditures, thus maximizing the potential for sharing larger amounts of net revenue. Brian Hutchings Commissioner of Corporate Services/ Treasurer 10 CSD 85 -2011 April 27, 2011 BENEFIT COMPARISON- CONSOLIDATED VS. MULTIPLE SITES CONSOLIDATED COURT OPTION MULTIPLE COURT OPTION Financial Benefits Reduced costs of operating one facility (lease, utilities, armoured car services, etc.) Potential for increasing net revenue distributions due to reduced operating costs and efficiencies Reduction in duplication of space requirements (secure parking, holding cells, Intake Courts, meeting rooms, etc.) Reduction in travel costs and staff time required for travelling between courthouses Possibility of enhancing court security Reduction in duplication of equipment (photocopiers, IT servers, printers, etc.) and associated maintenance contracts Elimination of duplication of court forms and stationery to meet requirements of multiple court locations Operational Benefits Improved communication among staff and between Units Improved supervision during management absences Optimal court scheduling opportunities and ability to re- assign cases between courtrooms when required V Improved court scheduling of various enforcement agencies due to attendance at one courthouse U Increased flexibility and improved staff coverage during staff absences or sudden shift In work volumes v Increased efficiency in workload distribution among staff in each Unit V No requirement to fax /transport/duplicate court records on a daily basis between courts Increased capacity to re -align workloads and reassign staff according to special demands or projects v Simplified staff scheduling V Greater use of prosecutorial resources between courtrooms Less travel for local enforcement agencies when charges are assigned to a specific courthouse Customer Service Benefits Reduced confusion for general public /defendants regarding court location Improved service levels to the general public due to concentration of judicial and administrative services (intake court, access to prosecution staff, etc) d CSD 85 -2011 ApriI27, 2011 This report was prepared by Bill Bernard, Associate Director, Court Services and has been reviewed by Mike Kyne, Director, Legal Services Appendix 1 11 Ability to offer services to local defendants in a geographically dispersed region recognizing that the region consists of more than one municipality Less travel for some defendants, counsel and witnesses ...CSD 85 2011 POA Court Facilities Long Term Accommodation Needs April 12 201 1.docx 12 CSD 85 -2011 April27, 2011 v Appendix 1 DRAWBACK COMPARISON- CONSOLIDATED VS. MULTIPLE SITES CONSOLIDATED COURT OPTION MULTIPLE COURT OPTION Financial Drawbacks Increased costs of operating multiple facilities (leases, utilities, armoured car services) v Duplication of court forms and stationery to meet requirements of multiple court locations v Duplication of space requirements (secure parking, holding cells, Intake Courts, meeting rooms, etc.) v Additional travel costs and impact on staff time for requirement to travel between courthouses v Requirement for multiple NRPS officers to provide court security V Duplication of equipment (photocopiers, IT servers, printers, etc) and associated maintenance contracts v Operational Drawbacks Efficient communication impacted by separation of staff between courthouses v Lack of on -site supervision during management absences v Inability to re- assign cases between courtrooms when required v Potential for increasing travel for some enforcement agencies v Less ability to ensure sufficient staff coverage during staff absences or sudden shift in work volumes v Limited ability to shift workload distribution among staff in each unit v Requirement to fax /transport/duplicate court records on a daily basis between courts v Limited ability to re -align workloads and reassign staff according to special demands or projects v Not meeting focal judiciary preference for a consolidated site to simplify the judicial schedule v Greater impact on prosecutorial resources due to inability to provide assistance between courtrooms and travel time v Customer Service Drawbacks Potential for increasing travel for some defendants, counsel and witnesses v Potential concern about loss of court services in local municipalities where service has been provided since transition v Ability to offer services to local defendants in a geographically dispersed region recognizing that the region consists of more than one municipality Less travel for some defendants, counsel and witnesses ...CSD 85 2011 POA Court Facilities Long Term Accommodation Needs April 12 201 1.docx 12 CSD 85 -2011 April27, 2011 v Appendix 1 DRAWBACK COMPARISON- CONSOLIDATED VS. MULTIPLE SITES October 6, 2011 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ont. L2E 6X5 Dear Mr. Iorfida : I am writing on behalf of our board of directors to request that Council fly the United Way flag at City Hall and the Gale Centre during the months of October and November. We kicked off our annual fundraising campaign on Sept. 16 and expect our drive to be completed towards the end of November. The bulk of our work and activity takes place in October, so flying our flag would be an excellent way to bring attention to the campaign and help stimulate donations. If you have any questions about the United Way, please do not hesitate to contact me. Sincerely, Carol Stewart- Kirkby Executive Director 7150 Montrose Road, Niagara Falls, ON L2H 3N3 • Tel: 905 - 354 -9342 P.O. Box 266, Fort Erie, ON L2A 5M5 • Tel: 905- 871 -5454 Fax: 905 -354 -2717 • un+tedway@caninet.com • wvvv .unitedwayniagara.org United Way of Niagara Falls and Greater Fort Erie (10/5/2011) Kristine Elia - Re Proclamation for Diabetes Awareness month Page 1 From: Jim Diodati To: Michelle Miller CC: Kristine Elia Date: 9/30/2011 3:00 PM Subject: Re: Proclamation for Diabetes Awareness month Thanks, Michelle. Well have your request included on a forthcoming City Council agenda. Jim MAYOR JAMES M. DIODAT! City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls. ON L2E 6X5 905.356.7521 X 4201 _uar �a.a »> Michelle Miller < M e e_ i =dia ees _a> 9/30/2011 12:31 PM »> Dear Mayor Jim Diodati, The Canadian Diabetes Association would like the City of Niagara Falls to officially proclaim November as Diabetes Month and November 14th as World Diabetes Day. We urge you to help us educate our communities about the seriousness of diabetes as it affects all of us. The personal costs of diabetes may include a reduced quality of life and the increased likelihood of complications such as heart disease, stroke, kidney disease, blindness, atnputation and erectile dysfunction. Every 8 seconds someone dies from diabetes related causes Approximately 8o% of people with diabetes will die as a result of heart disease or stroke. Diabetes is a contributing factor in the deaths of approximately 41,50o Canadians each year. Canadian adults with diabetes are twice as likelc to die prematurely, compared to people without diabetes. Life expectancy for people with type 1 diabetes may be shortened by as much as 15 years. Life expectancy for people with type 2 diabetes may be shortened by 5 to to years. The financial burden of diabetes and its complications is enormous. People with diabetes incur medical costs that are two to three times higher than those without diabetes. A person with diabetes can face direct costs for medication and supplies ranging from S1,000 to S15,000 a year. By 2020, it is estimated that diabetes will cost the Canadian healthcare system S16.9 billion a year. The health of our community is very important. By raising awareness, Canadians can play an active role in helping to combat diabetes and health complications related to the disease. Our public program education team would be most delighted to present basic information on diabetes as well as healthy lifestyle management to City of Niagara Falls employees. If you are interested in booking a presentation, please contact Terri Young, Public Programs, and Services Coordinator, at 905-646-4843 ext. 222 Please help us to mark this special day and month with a proclamation and help to increase the awareness of the seriousness of diabetes. Thank you for your time, Michelle Michelle Miller Coordinator of Volunteer Development Canadian Diabetes Association Central South Ontario 1685 Main Street WestUnit 17 Hamilton, Ontario L8S 1G5 T: 905- 540 -2515 ( http:L /rvww.diabetes.ca ) ( rr y �,1. � _ ' "' �'.. 1e jvs at e - 5 _ , pi e _o� _. (10/19/2011) Kristine Elia - Re: Proposal to Declare November 2 - Vitamin D Day From: To: CC: Date: Subject: Attachments: Hi Perry: MAYOR JAMES M. DIODATI 4310 Oorsen 3'. z 1023 sgssa ON L.25 SX5 9r5 . 358 75.21X 42 dicdati @nragarafalls.ca Jim Diodati Perry Holman Kristine Elia 10/18/2011 1:29 PM Re: Proposal to Declare 2011 - Scientists Call to My name is Perry Holman and I work for the Vitamin D Society. We are helping InspireHealth by following up on their previous request for you to declare a "Vitamin D Day" proclamation in your city for November 2, 2011. Please consider. a) Cancers, all combined, reduced by 75% b) Breast Cancer, reduced by 50% c) Ovarian Cancer, reduced by 25% d) Colon Cancer, reduced by 67% e) Non - Hodgkins, reduced by 30% f) Kidney Cancer, reduced by 67% g) Endometrial Cancer, reduced by 35% h) Type 1 Diabetes, reduced by 80% i) Type 2 Diabetes, reduced by 50% j) Fractures, all combined, reduced by 50% November 2 - Vitamin D Day D Action.pdf; VITAMIN D DAY.doc Thanks for your request. I've included Kristine in my office, as she will ensure that this gets to our City Clerk's office for inclusion on an upcoming agenda. Many thanks for writing. Jim »> Perry Holman < nolman.vitamindsocietyL gmail.com> 10/18/2011 11:39 AM »> Hi, November is Vitamin D Awareness month. A time to remind Canadians that they need to seek alternative methods from UV, food or supplements to keep their Vitamin D levels optimal during the long winter months. Optimal Vitamin D levels represent the greatest opportunity for people to optimize their health, prevent cancer and serious diseases and at a very low cost. Over 40 of the top Vitamin D Doctors and Scientists in North America have recommended that people obtain a blood serum level for 25(OH)D of between 100 -150 nmol /L for cancer and disease prevention. This is the natural levels that the human body had as it evolved over thousands of years. Everyone should be tested and make sure they are within these guidelines. Stats Canada completed a study in 2010 that found that 90% of all Canadians were below these levels. We need to improve this and make people aware that optimal Vitamin D levels will have a profound positive impact on their personal health. Holick, Michael F., PhD., M.D., Boston University School of Medicine, textbook - Physiology, Molecular Biology, and Clinical Applications (2nd Ed 2010 Humana Press). Page 12 of this 1155 page medical textbook shows a summary of the health benefits and disease incidence prevention that could be achieved by raising the public's vitamin D levels to 125 nmol /L: Page 1 (10/19/2011) Kristine Elia - Re: Proposal to Declare November 2 - Vitamin D Day Page 2 k) Falls, women reduced by 72% I) Multiple Sclerosis, reduced by 50% m) Heart Attack, men, reduced by 50% n) Peripheral Vascular Disease, reduced by 80% o) preeclampsia reduced by 50% p) Cesarean Section, reduced by 75% Most people think that Vitamin D is best received through a healthy balanced diet. The problem with this advice is that there are very few foods with Vitamin D and the amount contained is very small ie. wild salmon has approximately 400 IU. A study by Dr. Robert Heaney showed that the average man used 4,000 IU of Vitamin D a day. So we must replace at least this amount to keep our Vitamin D tank full. That would be 10 meals of salmon or 40 glasses of vitamin D fortified milk every day. This is why diet is not your best source of vitamin D. Dr. William Grant released a study in 2010 which estimated that if Canadians raised their vitamin D blood levels to 105 nmol /L it would prevent 37,000 deaths and save $14B in associated healthcare costs. It is important to get this message out to as many people as possible so they re -gain control of their health and live a long healthy life. Anderson et al., 2011 — Ontario, Canada — This large population- based, case - control study of 3,101 people found that time spent outdoors between May and September was associated with reduced breast cancer risk of 50% for women aged 60 -74 years old. The authors concluded "This study suggest that factors suggestive of increased cutaneous production of vitamin D are associated with reduced breast cancer risk." I have attached the following for you: - Vitamin D Day proclamation - Scientists Call to D *action Please consider declaring November 2 as Vitamin D Day in your city. Please call me at 1- 877 - 520 -4867 for more information or to confirm that your city is joining others from across Canada in the Nov. 2 Vitamin D Day proclamation. Thank you for your consideration. Sincerely, Perry Perry Holman Executive Director Vitamin D Society 1- 877 - 520 -4867 APPLICATION FOR MAYOR'S PROCLAMATION Submitted via email Name: David Adams Title: Director of Operations Name of organization: InspireHealth Address: Suite 200 - 1330 West 8 Avenue, Vancouver, BC V6H 4A6 Phone: 604.734.7125 x227 Fax: 604.734.7105 Email: dadams@inspirehealth.ca Title of Proclamation: Vitamin D Day Date of Proclamation (day, week or month): November 2nd (or closest day in November thereof) Background information for this request: • As a province, we are faced with rising healthcare costs that could prove financially unsustainable -the provincial budget for conventional cancer treatment drugs has been increasing at an average of 27% per year and, according to the Ministry of Health Services' own figures, it is anticipated that by 2017 health care costs will comprise 70% of the total provincial budget (compared to the 2007/08 figure of 39 %). With an aging population and increasing cancer drug costs, the rapidly rising conventional cancer budget is financially unsustainable. Conventional cancer treatment in BC averages more than $25,000 per new patient with a cost of up to $40,000 for one course of chemotherapy alone. • Substantial and growing evidence exists that engaging cancer patients in their own health through an integrative approach to care (i.e. exercise, healthful nutrition, emotional support, supplements, etc.) can substantially improve quality -of -life, reduce the risk of recurrence, improve survival, and reduce overall healthcare costs. • Vitamin D supplementation is particularly noteworthy. It was found to reduce cancer incidence by 60% (by 78% if supplementation was continued for more than one year)." Two recent studies (breast cancer; colon cancer) have clearly demonstrated that vitamin D blood level at the time of cancer diagnosis is highly correlated with survival, '" strongly suggesting that vitamin D has an important role, not just in cancer prevention, but in treatment as well. Patients in whom vitamin D levels were high were half as likely to have a recurrence or to die from their disease compared to patients with low vitamin D levels, again, a remarkable association with a simple, easily addressable health factor. Potentially, 12,000 or more cases of cancer could be prevented each year in BC alone by simply adequately supplementing with vitamin D. • In a recently published study in the Annals of Epidemiology (2009 July), Garland et al concluded that supplementation with vitamin D (2,000 IU per day) "would prevent approximately 58,000 new cases of breast cancer and 49,000 new cases of colorectal cancer each year, and three fourths of deaths from these diseases in the United States and Canada." • Most Canadians have sub - optimal levels of vitamin D. • It is simply untenable that we are not doing more engage people in this simple, safe, approach to prevention. • In addition to cancer prevention, vitamin D supplementation has the added benefit of substantially reducing our risk of heart disease, diabetes, strokes, MS, depression, and even the flu. BC Health_2007 Strategic_Plan.pdf, p.11 Lappe, JM. D. Travers- Gustafson, K. M. Davies, R. R. Recker and R. P. Heaney. Vitamin D and Calcium Supplementation Reduces Cancer Risk: Results of a Randomized Trial Am JClin 1Vutr. 2007 Jun; 856: 1586- 1591. ' Ng. K. J. A. Meyerhardt, K. Wu. et al. Circulating 25- Hydroxyvitamin d Levels and Survival in Patients with Colorectal Cancer Journal of Clinical Oncology. 2008 Jun 20; 2618: 2984 -2991. Palmieri, C, T. MacGregor, S. Girgis and D. Vigushin. Serum 25- Hydroxyvitamin D Levels in Early and Advanced Breast Cancer J Clin Pathol. 2006 Dec; 5912: 1334 -1336. WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS "VITAMIN D DAY" Many Canadians have sub - optimal levels of vitamin D; As a province, we are faced with rising healthcare costs that could prove financially unsustainable; With an aging population and increasing cancer drug costs, the rapidly rising conventional cancer budget is financially unsustainable; Substantial and growing evidence exists that engaging cancer patients in their ozvn health through an integrative approach to care (i.e. exercise, healthful nutrition, emotional support, supplements, etc.) can substantially improve quality of life, reduce the risk of recurrence, improve survival, and reduce overall healthcare costs; Vitamin D supplementation is particularly noteworthy. It zvas found to reduce cancer incidence by 60 %. Two recent studies (breast cancer and colon cancer) have clearly demonstrated that vitamin D blood level at the time of cancer diagnosis is highly correlated zvith survival; AND WHEREAS In addition to cancer prevention, vitamin D supplementation has the added benefit of substantially reducing our risk of heart disease, diabetes, strokes, MS, depression, and even the 'flu; AND WHEREAS The most cost effective way to reduce global cancer mortality rates is through optimal sunlight exposure and by simply adequately supplementing with vitamin D; NOW, THEREFORE, I, , Mayor of , DO HEREBY PROCLAIM Wednesday, November 2", 2011 as "VITAMIN D DAY" in the Municipality of MAYOR E University of California Scientists Panel University of California Davis Bruce D. Hammock, Ph.D. Hari A. Reddy, Ph.D. Ray Rodriguez, Ph.D. University of California Los Angeles John Adams, M.D. Martin Hewison, Ph.D. H. Phillip Koeffler, M.D. Keith C. Norris, M.D. University of California Riverside Mathew Mizwicki, Ph.D. Anthony W. Norman, Ph.D. Laura P. Zanello, Ph.D. University of California San Diego Richard L. Gallo, M.D., Ph.D. Cedric F. Garland, Dr. P.H. Frank C. Garland, Ph.D. Edward D. Gorham, Ph.D. Tissa Hata. M.D. University of California San Francisco David Gardner, M.S., M.D. Bemard P. Halloran. Ph.D. International Scientists Panel Atascadero State Hospital John J. Cannel!, M.D. Boston University School of Medicine Michael F. Holick, Ph.D., M.D. Creighton University Robert P. Heaney, M.D. Joan M. Lappe, Ph.D.. R.N. Emory University Vin Tangpricha, M.D., Ph.D. Harvard School of Public Health Edward Giovannucci, M.D., ScD. Walter C. Willett, Dr. P.H., M.D. International Medical Center of Japan Tetsuya Mizoue, M.D., Ph.D. Linus Pauling Institute Adrian F. Gombart, Ph.D. Massachusetts General Hospital Carlos A. Camargo, Jr.. M.D., Dr. P.H. McGill University John H. White, Ph.D. Medical University of Graz, Austria Stefan Pilz, M.D. Medical University of South Carolina Bruce W. Hollis, Ph.D. Carol L. Wagner, M.D. Roswell Park Cancer Institute Candace Johnson, Ph.D. Donald L. Trump, M.D. Society For Medical Information and Prevention Joerg Spitz, M.D. Sunlight, Nutrition and Health Research Center William B. Grant, Ph.D. University of Albany - SUNY JoEllen Welsh, Ph.D. University of Alberta Gerry Schwalfenberg, M.D., CCFP University of Saskatchewan Susan J. Whiting. Ph.D. University of Toronto, Mt Sinai Hospital Reinhold Vieth, Ph.D. Scientists' Call to D *action The Vitamin D Deficiency Epidemic 40 -75% of the world's population is vitamin D deficient. Revised 1/12/11 A Consortium of Scientists. Institutions, and Individuals Committed to Solving the Worldwide Vitamin D Deficiency Epidemic The causal link between severe vitamin D deficiency and rickets or the bone disease of osteomalacia is overwhelming, while the link between vitamin D insuffiency and osteoporosis with associated decreased muscle strength and increased risk of falls in osteoporotic humans is well documented by evidence - based intervention studies. There are newly appreciated associations between vitamin D insufficiency and many other diseases, including tuberculosis, psoriasis, multiple sclerosis.. inflammatory bowel disease, type -1 diabetes, high blood pressure, increased heart failure, myopathy, breast and other cancers which are believed to be linked to the non - calcemic actions of the parent vitamin D and its daughter steroid hormone. Based on the evidence we now have at hand, action is urgent. It is projected that the incidence of many of these diseases could be reduced by 20 % -50% or more, if the occurrence of vitamin D deficiency and insufficiency were eradicated by increasing vitamin D intakes through increased UVB exposure. fortified foods or supplements. The appropriate intake of vitamin D required to effect a significant disease reduction depends on the individual's age, race. lifestyle. and latitude of residence. The latest Institute of Medicine (IOM) report, 2010, indicates 10.000 IU /day is considered the NOAEL (no observed adverse effect level). 4000 IU /day can be considered a safe upper intake level for adults aged 19 and older. It is well documented that the darker the skin, the greater the probability of a vitamin D deficiency. Even in southem climates, 55% of African Americans and 22% of Caucasians are deficient. More than 1 billion people worldwide are affected at a tremendous cost to society. A Scientists' Call to Action has been issued to alert the public to the importance to have vitamin D serum levels between 40 and 60 nanograms /milliliter (100 - 150 nanomoles /liter) to prevent these diseases. Implementing this level is safe and inexpensive. The benefit of an adequate vitamin D level to each individual will be better overall health and a reduction in illnesses and, ultimately, a significant reduction in health care costs. The benefit of adequate vitamin D levels to society/businesses is a more productive workforce and, lower health care costs. The D*action project has as its purpose to serve as a model for public health action on vitamin D. It is a test bed for techniques, and for providing outcome evaluation at a community level. GrassrootsHealth. A Public Health Promotion Organization 119 N. El Camino Real. Suite E -127. Encinitas. CA 92024 www.grassrootshealth.net EarlyYears NIAGARA Good Life At�Js a Good Start 3340 Schmon Parkway, Unit 2 . Thorold, Ontario . L2V 4Y6 . phone: 905 -684 -7200 ext. 1710. fax: 905 -684 -4230. info @earlyFarsniagara.orc July 21, 2011 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, Re: ?- tuber 20, 2011 On behalf of the Children's Rights Interest Group of Niagara, it is our pleasure to invite the City of Niagara Falls to join us in celebrating National Child Day on November 20 2011. To recognize our youngest citizens on this important day, we encourage you to host a free family skate during one of your regularly scheduled public sessions on National Child Day or in the month of November. National Child Day is a day to celebrate children and to demonstrate our respect for their rights and aspirations. It is celebrated throughout the world, commemorating the adoption of the United Nations Declaration on the Rights of the Child in 1959 and the United Nations adoption of the Convention on the Rights of the Child in 1989. National Child Day holds significance for Niagara as it is one of the first communities in Canada to institute a charter of rights for children and teens. The charter has since been endorsed by the Niagara Region including all 12 municipalities, all local school boards, and several local businesses and community organizations. In your ongoing commitment to the Niagara Children's Charter of Rights, we would be proud to acknowledge the City of Niagara Falls as hosts of this free family skate event. As hosts, you will be publicly demonstrating your commitment to the children of Niagara and awareness of the importance of recognizing them on this day. To schedule a free family skate for your municipality, or for further information, please contact: Natalie Chaumont, Early Years Niagara at: nchaumont @becon.org or 905 - 684 -7200 ext. 1410 by September 30 2011. Once your date has been confirmed, we will be happy to provide you with promotional flyers, copies of the Niagara Children's Charter. and National Child Day bookmarks to help you promote your event. Thank you for your support and ongoing commitment to the children of Niagara. We look forward to hearing from you. Sincerely, Judy Reid Co- Chair, Children's Rights Interest Group of Niagara Business Education Council cc. Ken Todd, Chief Administrative Officer Kathy Moldenhauer, Acting Director of Parks, Recreation & Culture Adolescent's Family Support Services of Niagara . Business Education Council of Niagara . Brock University Centre de Sante Communautaire . Conseil scolaire de district catholique Centre -Sud . Conseil scolaire de district du Centre-Sud-Ouest . Contact Niagara District School Board of Niagara . Early Childhood Community Development Centre . Family and Children's Services Niagara Ministry of Children and Youth Services . Niagara Best Start Network Francophone Advisory Committee Niagara Aboriginal Children's Planning Council . Niagara Catholic District School Board . Niagara Child and Youth Services Niagara Child Care Sector . Niagara College . Niagara Peninsula Children's Centre . Niagara Region . Niagara Region Children's Services RESTORATIVE SEMAINE DE LA JUSTICE WEEK JUSTICE REPARATRICE Re"vt,S4QIrliA9 Nou.veatt re9o;rd usEi.ce sur La jusace It gives me great pleasure to call upon all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2011. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2011 will be held in Canada, and throughout the world, from November 13 - 20 for the purpose of sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative justice approach and processes. The theme this year is "Re- visioning Justice ". This theme calls upon all of us to envision how a restorative justice approach can be applied and implemented within existing systems. It is a challenge to the health care systems. educational systems, justice systems, correctional systems, and all other systems and /or levels of government, to be creative and innovative in looking at 'justice' through a restorative justice lens. Municipal recognition of Restorative Justice Week increases from year to year. In 2010, 378 municipalities across Canada proclaimed Restorative Justice Week; an increase of 130% from 2009. In addition, the provinces of Nova Scotia, Manitoba, Saskatchewan, and British Columbia proclaimed the Week. Restorative Justice Week was also ceiebrated in at least 19 other countries. This year, with your support, we hope to build on this success. Here are some ideas of things you could do as leaders in your community: • Declare / proclaim Restorative Justice Week 2011. We have included with this letter a copy of the proclamation. A printable version can also be found on our website: • Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities: • Challenge your community partners to create a local planning committee for Restorative Justice Week 2011 activities; • Invite a guest speaker from your community, who is involved in restorative justice, to share their perspectives. Should you require someone to talk to your city council or if you would like more information, please contact CSC's Restorative Justice Division at _ ,. Please fax a copy of the proclamation or the minutes of the meeting declaring /proclaiming Restorative Justice Week 2011, as well as your contact information, to (613) 943 -2171. For more information on Restorative Justice Week 2011 and available resources, or to let us know if your city, town or village is planning an event, visit _ _ . Not only will your Restorative Justice Week event be posted online, it will also be published in the Restorative Justice Week National Report. j _' Don Head Commissioner 1401 Correctional Service Service correctionnel Canada Canada Canada RESTORATIVE 20 JUSTICE WEEK CC enco a! The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor October 24. 2011 WHEREAS draft approval for the Plan of Vacant Land Condominium for Part of Township Lot 35 Stamford, Part 1, Reference Plan 59R-5511, was given by the Council of the Corporation of the City of Niauara Falls effective on October 18. 2007: and WHEREAS Klein Building Company Limited is proposing changes to the type of units in the Plan from townhouse dwellings to single detached and semi - detached dwellings: and WHEREAS the result of the changes will decrease the number of lots by 6 units from 26 units to 20 units: and WHEREAS despite the change in unit type. the proposed development is very similar to the original plan in its layout: and WHEREAS the modification does not affect any abutting properties. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance 1.yith Section 51 (47) of the Planning Act. R.S.O., that the proposed changes in the draft Plan of Vacant Land Condominium (26CD -1 1- 2007 -04) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. WILLIAM MATSON JAMES NI. DIODATI ACTING CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Association of Municipalities of Ontario (AMO) is a non-profit organization representing almost all of Ontario's 445 municipal governments; and WHEREAS the annual AMO Conference (the "Conference") in August is the preeminent conference for municipal politicians and administrators: and WHEREAS the Conference attracts 2600 delegates. not to mention support staff and spouses to a community: and WHEREAS the host community s obligations are to provide volunteers. local shuttle transportation between hotels. sponsorship for a welcome reception and greetings from the head of Council: and WHEREAS the City of Niagara Falls can fulfill the requirement ofa minimum of 2200 guest rooms per night for three nights; and WHEREAS the Scotiabank Convention Centre is an 18.000 square metre facility with 100.000 square feet of exhibition space. fully capable of hosting the conference. THEREFORE BE IT RESOLVED that the Niagara Falls City Council supports bids for our community to host the AMO Conference from 2014 to 2016: and FURTHER BE IT RESOLVED that the Niagara Falls City Council approves the contribution of up to S50,000 annually for the host community's responsibilities; and FURTHER BE IT RESOLVED that City staff work with Niagara Falls - tourism. the Scotiabank Convention Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. AND The Seal of the Corporation be hereto affixed. WILLIAM MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2011 -10 Association of Municipalities of Ontario Request for Proposal to Host Annual General Meeting, Conference and Trade Show Events RECOMMENDATION: EXECUTIVE SUMMARY: BACKGROUND: BDD- 2011 -10 Niagarargps October 24, 2011 That a resolution be submitted to the Association of Municipalities of Ontario (AMO) in response to their Request for Proposals for the selection of a host municipality for their 2014, 2015, and 2016 Annual General Meeting, Conference and Trade Show indicating that the City of Niagara Falls is willing and able to host these events. The City of Niagara Falls has been invited to submit a proposal to host up to three of AMO's upcoming Annual General Meeting, Conference and Trade Show events in 2014, 2015 and 2016. A resolution from Council is required to provide assurance to AMO that the City of Niagara Falls will be responsible for the specific activities and expenses. For each year that the City of Niagara Falls is selected to host the event, a maximum contribution of up to $50,000 would be required. Hosting the AMO is an honour and would be a milestone in the City's history. There is also considerable economic benefit to the host community. Each year in August, AMO holds its Annual General Meeting and Conference. The event is Ontario's largest municipal conference attracting approximately 2,600 attendees over the course of four days. This includes 1,600 delegates, almost 100 companions, and 142 exhibit booths with representatives from the private sector and government departments. Attendance at the conference has been steadily increasing. The event provides the opportunity for municipal leaders to learn from colleagues and experts, share their own knowledge and experiences, and participate in local tours that showcase innovation and successes. Selection of the host location(s) for the 2014, 2015 and 2016 conference events will be conducted by an AMO review panel. The panel's recommendation could be that one location would be selected for all of the years; two of the years; or a different location could be selected for each year. October 24, 2011 ANALYSIS /RATIONALE: - 2 - BDD- 2011 -10 The selection of Niagara Falls to host the AMO Annual General Meeting, Conference and Trade Show would have a positive impact on the Scotiabank Convention Centre and local hotels, restaurants and businesses. A minimum of 2,200 guest rooms per night for three nights would be required to accommodate conference attendees. In addition, the conference affords the municipality and region the opportunity to showcase local innovation and successes to senior provincial and federal government elected officials and staff, and opinion makers from across Ontario through study tours. The City of Niagara Falls, as host municipality would be responsible for: • hosting and financing the Welcome Reception • providing volunteers • developing study tours and companions' programs • providing study tour, companions program and shuttle buses • Mayor's greetings to delegates FINANCIAL /LEGAL /STAFFING IMPLICATIONS: For each year that the City of Niagara Falls is selected to host the event, a maximum contribution of up to $50,000 to address the above noted responsibilities is required. The City does have the ability to obtain sponsors to help offset its portion of the cost of the conference. CITY'S STRATEGIC COMMITMENT: Submitting a proposal for the upcoming AMO Annual General Meeting, Conference and Trade Show events meets the intent of actively pursue economic development opportunities including capitalizing on the opportunities the development of the Scotiabank Convention Centre brings. Recommended by: Respectfully submitted: Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer Niagaraaalls October 24, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2011 -46 2010 Municipal Performance Measures RECOMMENDATION 1. That this report be received for the information of City Council. 2. That staff post the information on the City's website. EXECUTIVE SUMMARY BACKGROUND F- 2011 -46 The City of Niagara Falls is required to submit provincially determined benchmarks on an annual basis. In addition, these measures are required to be publicly posted for City tax payers to consider. The City has completed the inventory of capital assets owned by the City to comply with PSAB 3150 which has resulted in changes to asset amounts. The City's results are consistent with previous years' results. The City of Niagara Falls is required to measure its performance and report the results to the Province of Ontario annually. In addition, the City is required to provide these measures to the taxpayers of the municipality. ANALYSIS /RATIONALE The performance measures used in the supporting documents are determined by the Province and are not developed by local municipalities. Comparability between municipalities is limited due to differences in accounting policies amongst municipalities. The Municipal Performance Measurement Program is designed to indicate a municipality's performance in selected core services areas according to their service responsibility. These measures are developed by the Province of Ontario. The results of the City's year 2010 Municipal Performance Measurement Program are identified in the attachment. Each measure reports as follows: • the name of the measure • the year in which the measure relates • a description and definition of the measure • how the measure was calculated • the result of the measure October 24, 2011 - 2 - F- 2011 -46 FINANCIAL IMPLICATIONS Public presentation of the Province's MPMP results is one in a series of requirements for payment of the OMPF funding. The measures are not used as an evaluation tool for any grant programs of the province and /or federal government. Thus, these have no financial considerations. CITY'S STRATEGIC COMMITMENT Performance Measures are instruments that provide information for decision making and while not explicitly identified in Council strategic commitments, measures do not provide outcome results that speak to effectiveness of services. The provincial (mandated) performance measures are limited in applicability, but staff recognizes the significant value of establishing useful measures for each division. Staff will commit to developing internal performance measures that compliment the Province's measures for use in the preparation of the 2012 budget. LIST OF ATTACHMENTS 2010 Municipal Performance Measures Recommended by: TH /Iw Todd Harris n, Dire.t.r of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer 2010 Municipal Performance Measures Prepared by: Finance Department Date: October 24, 2011 Table of Contents 2010 Municipal Performance Measures 1 Overview 1 2 City of Niagara Falls Statistics 2 3 Operation or Core Areas Being Measured 2 4 General Government 4.1 General Government - (LT) 3 5 Protection 5.1 -5.4 Fire Services - (LT) 4 5.5 -5.6 Fire Services 5 6 Roadways 6.1 Paved (Hard Top) Roads - LT 6 6.2 Unpaved (Loose Top) Roadways - LT 6 6.3 Winter Control - LT 7 6.4 Bridges and Culverts 7 6.5 Adequacy of Roads - LT 8 6.6 Effective Snow and Ice Control for Winter Roads 8 6.7 Adequacy of Bridges and Culverts 8 7 Transit 7.1 Conventional Transit - Operating Costs - LT 9 7.2 Conventional Transit Ridership - LT 9 8 Wastewater 8.1 Wastewater Collection - LT 10 8.2 Wastewater Main Backups - LT 10 9 Stormwater 9.1 Urban Storm Water Management - LT 11 9.2 Rural Storm Water Management - LT 11 10 Drinking Water 10.1 Distribution of Drinking Water - LT 12 10.2 Boil Water Advisory Issued - UT 12 10.3 Water Main Breaks - LT 12 11 Solid Waste 11.1 Solid Waste Diversion (Recycling) - Shared 13 12 Parks and Recreation 12.1 Parks - LT 14 12.2 Recreation Programs - LT 14 12.3 Recreation Facilities - LT 15 12.4 Subtotal: Recreation Programs & Recreation Facilities - LT 15 12.5 Subtotal: Parks, Recreation Programs and Facilities - LT 16 12.6 Participant Hours for Recreation Programs - LT 16 12.7 Hectares of Open Space - LT 17 12.8 Trails - LT 17 12.9 Indoor Recreation Facilities - LT 18 12.10 Outdoor Recreation Facility Space - LT 18 13 Library Services 13.1 Library Services per Person — LT 13.2 Library Services per Use — LT 13.3 Library Uses per Person — LT 13.4 Electronic Library Usage — LT 13.5 Non - electronic Library Usage — LT 14 Landuse Planning 14.1 14.2 14.3 14.4 14.5 14.6 14.7 Location of New Residential Development — Shared Preservation of Agricultural Land in Reporting Year — Shared Preservation of Agricultural Land Relative to base Year — Shared Number of Hectares Re- designated during Reporting Year — Shared Number of Hectares Re- designated since Jan. 1, 2000 — Shared Size of Settlement Area Change in Size of Settlement Area 2010 Municipal Performance Measures 19 19 20 20 21 21 22 22 23 23 24 24 1 Overview The Municipal Performance Measurement Program (MPMP) is a program developed by the Ontario Ministry of Affairs and Housing requiring Ontario Municipalities to measure and report to the Ministry and taxpayers annually service delivery performance. MPMP is intended to enhance discussion about municipal service delivery and may be used as a starting point to investigate and identify best practice measures such as those identified by the Ontario Centre for Municipal Best Practices (OCMBP). MPMP data may be used by municipalities in budget discussions because trend data provides information on progress towards service objectives and information on how operating costs relate to service level decisions. MPMP indicates a municipality's performance in selected core service areas. Currently there are 54 performance measurements in 12 core service areas. Since different levels of government are responsible for the delivery of services, the level of government which delivers a service will be the body responsible for reporting. For example, municipalities are responsible for reporting only the information relating to the local roads for which they are responsible. MPMP includes both efficiency and effectiveness performance objective. Efficiency measures provide information on the cost of delivering services while effectiveness measures provide information on the performance relative to a goal. Together these two measures provide a picture of what is spent in a core service area and what is achieved. Local circumstances such as geography, micro - climate conditions, municipality type and population affect results and need to be taken into consideration when comparing the date with other municipalities. Municipalities may compare their results with other similar municipalities; however, results may also be affected by significant differences in service delivery. Core services selected for the program must meet the following criteria: • Reflect major expenditure areas for municipalities; • Reflect areas of provincial - municipal interest; • Reflect high interest and value to the public; • Use data that is relatively easy to collect; and • Falls under municipal responsibility. MPMP will assist the City of Niagara Falls to provide better services to its citizens. The four main benefits of a performance measurement are enhanced accountability, innovation, improved performance and cost effectiveness. • Accountability — Performance measurement demonstrates accountability to taxpayers, how they are being served and the value they are receiving for their tax dollars. Accountability is strengthened by setting targets within each of the core service areas. Improved Performance — Performance measurement identifies ways to provide efficient and effective services to the citizens. • Productivity and Creativity — Performance measurement can be used to stimulate staff creativity and productivity. • Improved Budget Process — Performance measurement can be used to assist municipalities in developing their budgets. It can also be used as a monitoring tool to determine if expected service levels are being achieved. • Notes 1. Lower Tier Responsibility of Service = LT 2. Upper Tier Responsibility of Service = UT 3. Shared Responsibility of Service = Shared 4. One Megalitre = 1,000,000 Iitres 2010 Municipal Performance Measures Page 1 2 City of Niagara Falls Statistics Households Population Youth Population Total Hectares in the Municipality Recreational Trails (Km) Hectares of Open Space Fire Stations Libraries Community Centres (City Owned) Swimming Pools — City Owned (5 Outdoor; 1 Indoor) Ice Pads (2 Arenas) 3 Operation or Core Areas Being Measured 1. General Government 2. Fire Services 3. Police Services 4. Roadways 5. Transit 6. Wastewater 7. Storm Water 8. Drinking Water 9. Solid Waste Management 10. Parks and Recreation 11. Library Services 12. Land -Use Planning 2010 Municipal Performance Measures 34,253 82,184 6,655 21,200 6.7 414 6 4 2 6 (Ice Pads) 5 The measures in MPMP indicate a municipality's performance in selected core service areas. Over time and with feedback from municipalities and others, the Province may add additional measures. Currently there are 54 performance measurements in 12 core service areas. As noted earlier the municipality will only include in its report those services for which it is responsible. The core service areas for performance measurement include: Page 2 4 General Government 4.1 General Government — (LT) Calculation Costs for Governance and Corporate Management Total Municipal Costs 2010 Municipal Performance Measures 2009 2010 3.7% 3.7% 3,504,456 3,781,416 95,317,036 101,771,616 Efficiency Measure — Costs for governance and corporate management as a percentage of total municipal costs. Definition — Costs for General Government support include expenditures for Council, CAO and Executive Directors. Total Municipal Costs include total costs for General Purposes, Wastewater, Libraries, Museums and Transit. Objective — Efficient municipal government. Page 3 Efficiency Measure — Costs for Fire Services per 1,000 of Total Property Assessment. Definition — Costs for Fire Services include administration, equipment inspection. Total Property Assessment means the total assessed value of taxable Assessment Corporation (MPAC). Objective — Efficient Fire Services. 5.2 Fire Services Effectiveness Measure — Number of residential fire related civilian injuries Definition — Objective — Effective Fire Services. 5.3 Fire Services Calculation 2010 .11 9 82,184 Effectiveness Measure — Number of residential fire related civilian injuries averaged over 5 years per 1,000 persons. Total Number of Residential Fire Related Civilian Injuries for 2005 -2009 / 5 Total Population /1,000 Definition — 5 Protection 5.1 Fire Service — (LT) Total Number of Residential Fire Related Civilian Injuries Total Population /1,000 Objective — Effective Fire Services. 5.4 Fire Services Calculation Costs for Fire Services Total Property Assessment/1,000 Calculation Calculation 2010 Municipal Performance Measures 2009 2.04 17, 310, 561 8,489,562 , fire - fighting force, fire halls, fire prevention and properties determined by the Municipal Property 2009 .85 7 82,184 2009 .127 Total Number of Residential Fire Related Civilian Fatalities 0 10 82,184 Total Population /1,000 82,184 Effectiveness Measure — Number of residential fire related civilian fatalities per 1,000 persons Definition — Objective — Effective Fire Services. 2010 2.14 19,064,012 8,889,313 2010 .012 1 82,184 2009 2010 0 0 0 82,184 Page 4 Calculation 2009 2010 0 0.012 Total Number of Residential Fire Related Civilian Fatalities for 2005 -2009 / 5 0 1 Total Population /1,000 82,184 82,184 Effectiveness Measure — Number of residential fire related civilian fatalities averaged over 5 years per 1,000 persons 5.5 Fire Services Definition — Objective — Effective Fire Services. 5.6 Fire Services Calculation Total Number of Residential Structural Fires Total Households /1,000 Effectiveness Measure — Number of residential structural fires per 1,000 households Definition — Objective — Effective Fire Services. 2010 Municipal Performance Measures 2009 2010 .073 1.81 3 62 34,253 34,253 Page 5 6 Roadways 6.1 Paved (Hard Top) Roads - LT Calculation Costs for Paved (hard top) Roads Total Paved Lane Kilometers Efficiency Measure — Costs for paved (hard top) roads per lane kilometer. Definition — Paved (hard top) roads are defined as roads with an asphalt surface, concrete surface, composite pavement, Portland cement or surface treatment. A lane kilometer is a continuous land of road that conveys traffic in one direction. Maintenance includes heave /base /utility cut repair, cold mix patching, hot mix patching, shoulder maintenance, surface maintenance, surface sweeping and surface flushing. Objective — Efficient maintenance of paved roads. 6.2 Unpaved (Loose Top) Roadways LT Calculation Costs for Unpaved (loose top) Roads Total unpaved lane kilometers 2010 Municipal Performance Measures 2009 2010 8,456.78 9,999.49 8,989,559 10,739.448 1,063 1,074 2009 2010 13,757.06 10,217.00 467,740 490.416 34 48 Efficiency Measure — Costs for unpaved (loose top) roads per lane kilometer. Definition — Unpaved (loose top) roads are defined as roads with gravel. stone or other loose traveling surface. A lane kilometer is a continuous lane of road that conveys traffic in one direction. Objective — Efficient maintenance of unpaved roads. Page 6 6.3 Winter Control - LT 6.4 Bridges and Culverts Calculation Costs for winter maintenance per lane km Total lane km maintained Calculation Costs for bridges and culverts Total square metres of surface area on bridges and cuverts 2010 Municipal Performance Measures 2009 2010 2,836.48 3,242.97 3,111617 3,638,612 1,097 1,122 Efficiency Measure — Costs for Winter Maintenance of Roadways per lane kilometer maintained in winter. Definition — Winter maintenance of roadways include sanding, salting, snow plowing, and snow removal. Objective — Efficient maintenance of roadways. Efficiency Measure — Costs for bridges and culverts per square meter of surface area of bridges. Definition — Objective — Efficient maintenance of bridges and culverts. 2009 2010 46.65 38.12 676.475 623.466 14,502 16,356 Page 7 6.5 Adequacy of Roads - LT Calculation Number of paved lane kilometers where the condition is rated as good to very good Total number of paved lane kilometers Effectiveness Measure — Percentage of Paved Lane Kilometers where the condition is rated Good to Very Good. Definition — The Ministry recommends that municipalities use the Pavement Condition Index (PCI) or the Roads Inventory Management System (RIMS) Objective — Provide a paved road system that has a pavement condition that meets municipal objectives. 6.6 Effective Snow and Ice Control for Winter Roads — LT Calculation Number of winter events where the response met or exceeded locally determined municipal service levels for road maintenance Total number of winter events Effectiveness Measure — Percentage of Winter Events where the response met or exceeded locally determined municipal service levels for road maintenance standards. Definition — A winter response is a series of winter control activities performed in response to a winter event. A winter event is a weather condition affecting roads such as snow fall, wind blown snow, sleet, freezing rain, frost, black ice. Objective — Provide an appropriate winter storm event response. 6.7 Adequacy of Bridges and Culverts Calculation Number of bridges and culverts where the condition of primary components is rated as good to very good, requiring only maintenance Total number of bridges and culverts 2010 Municipal Performance Measures 2009 2010 69.1% 67.0% 735 720 1,063 1,074 2009 2010 100% 100% 20 28 20 28 2009 2010 63.1% 74.0% 41 108 65 146 Effectiveness Measure — Percentage of bridges and culverts where the condition is related as good to very good. Definition - Objective - Page 8 7 Transit 7.1 Conventional Transit — Operating Costs — LT Calculation 2009 2010 6.47 6.54 Costs for conventional transit Total number of regular service passenger trips on conventional transit in service area Efficiency Measure — Conventional Transit costs per regular service passenger trips. Definition — Operation and maintenance of local conventional transit per regular service passenger trips, defined as all passenger trips where the fare system is applicable, including regular fare, reduced fare, free trips, passes and tickets. Transfers are not counted as passenger trips. Objective — Efficient Conventional transit services. 7.2 Conventional Transit Ridership — LT Calculation Total number of regular service passenger trips on conventional transit in the service area Population of service area 2010 Municipal Performance Measures 9 410,190 1,453,907 2009 2010 17.69 17.99 1,453,907 1,478,100 82,184 82,184 Effectiveness Measure — Number of Conventional Transit Passenger Trips per person in the service area. 9,670,991 1,478,100 Definition — Regular passenger trips are defined as all passenger trips where the fare system is applicable, including regular fare, reduced fare, free trips, passes and tickets. Transfers are not counted as passenger trips. Objective — Maximum utilization of transit services. Page 9 8 Wastewater 8.1 Wastewater Collection — LT Calculation Costs for Wastewater Collection /Conveyance Total km of Wastewater Mains Efficiency Measure — Total Costs for the collection /conveyance, treatment wastewater main. Definition — Operating costs for wastewater collection include expenditures pipes, catch basins, pumps and overflow outlets, inspection and monitoring, Objective — Efficient municipal wastewater collection. 8.2 Wastewater Main Backups — LT Calculation Total number of backed up wastewater mains Kilometers of wastewater mains /100 2010 Municipal Performance Measures 2009 2010 10,902.76 11,161.72 4,481,036 4 777 218 411 428 and disposal of wastewater per kilometer of for repair and maintenance of collection, cleaning and flushing. 2009 1.2165 5 4.11 2010 0.9346 4 4.28 Effectiveness Measure — Number of wastewater main backups per 100 kilometers of wastewater main in a year. Definition — backed up wastewater main occurs when the inflows to the wastewater collection pipe exceed the pipe capacity, forcing the inflows to back -up /flood. Objective — Municipal sewage management practices prevent environmental and human health hazards. Page 10 9 Stormwater 9.1 Urban Storm Water Management — LT Calculation 2009 2010 9,754.05 10,444.23 Costs for Urban Storm Water Management 3,365,148 3 613 704 Total km of Urban Drainage System plus (0.005 km times no. of catch basins) 345 346 Efficiency Measure — Costs for urban storm water management (separate storm water system — collection treatment, disposal) per kilometer of drainage system. Definition — Operating costs for urban storm water management include expenditures for maintaining catch basins, maintenance holes, monitoring and inspection, sewer cleaning, storm pump station and wetland maintenance. Objective — Efficient urban and rural storm water management. 9.2 Rural Storm Water Management — LT Calculation Costs for Rural Storm Water Management Total km of rural drainage system, plus (0.005 km time no. of catch basins) Efficiency Measure — Costs for rural storm water management (separate storm system - collection, treatment & disposal) per kilometer of drainage system. Definition — Operating costs for rural storm water management include expenditures for administration, catch basins, maintenance holes, culverts, ditching, vegetation maintenance and other rural storm water management expenditures. Objective — Efficient urban and rural storm water management. 2010 Municipal Performance Measures 2009 2010 45.97 34.91 13,468 10,228 293 293 Page 11 10 Drinking Water 10.1 Distribution of Drinking Water - LT 10.3 Water Main Breaks - LT 2010 Municipal Performance Measures Calculation 2009 2010 14,007.14 15,728.88 Costs for the Distribution of Drinking Water 6 205 161 6,967,894 Total km of water distribution pipe 443 443 Efficiency Measure — Costs for the distribution of drinking water per total km of water distribution pipe. Definition — Operating costs for the distribution of drinking water include repair and maintenance to water distribution pipe, valves, pumps and meters, flushing mains, testing water facility. Objective — Efficient distribution costs of drinking water. 10.2 Boil Water Advisory Issued — UT Calculation Summation of: number of boil water days times the number of connections affected Total connections in the service area Effectiveness Measure — Weighted number of days a Boil Water Advisory issued by the Medical Officer of Health, applicable to a municipal water supply was in effect. Definition — Weighted number of days a boil water advisory is in effect for a municipal water supply weighted by the number of connections affected. Objective — Water is safe and meets local needs. Calculation Number of water main breaks in a year Total km of water distribution pipe /100 2009 2010 0.0 0.0 0 0 27,142 27,142 2009 2010 14.8984 14.8984 66 66 4.43 4.43 Effectiveness Measure — Number of water main breaks per 100 kilometers of water distribution pipe in a year. Definition — Reports in water main breaks per 100 km of water distribution pipe. Objective — Improve system reliability. Page 12 11 Solid Waste 11.1 Solid Waster Diversion (Recycling) - Shared Calculation Costs for Solid Waste Diversion Total Households 2010 Municipal Performance Measures 2009 2010 6.22 5.08 212,930 173,889 34,253 34,253 Efficiency Measure — Costs for solid waste diversion per household. Definition — Results for this measure may be affected by rural and urban mix; scope of diversion program and materials diverted; solid waste diversion rate, including level of public participation; pick -up services and frequency of pick -up. Objective — Efficient solid waste diversion services. Page 13 12 Parks and Recreation 12.1 Parks — LT Efficiency Measure — Costs for parks per person. Definition — C osts for parks include expenditures for administration, Boards of Park Management, allotment (community gardens), flower gardens and floral displays, horticultural areas, natural areas, parks and parkettes, playgrounds, public squares, sports fields, skateboard parks and outdoor skating rinks. Objective — Efficient operation of parks. 12.2 Recreation Programs — LT Calculation Costs for Parks Total Population Calculation Costs for Recreation Programs Total Population Efficiency Measure — Costs for recreation programs per person. Objective — Efficient operation of recreation programs. 2010 Municipal Performance Measures 2009 2010 56.65 62.72 4.655,606 5.154.206 82,184 82,184 2009 2010 10.87 8.69 893,720 82,184 714.019 82,184 Definition — A recreation program involves some form of activity taking place in a municipality owned or leased facility or area. Recreation programs include both registered programs and unregistered drop -in programs. Page 14 12.3 Recreation Facilities — LT Calculation Costs for Recreation Facilities Total Population Efficiency Measure — Costs for recreation facilities per person. Definition — Costs for recreation facilities include expenditures for administration, arenas, community centres and halls, gymnasiums, fitness centres, lawn bowling greens, skating rinks (excluding outdoor natural rinks), stadiums, swimming /wading pools, tennis courts, tourist camps and youth centres. Objective — Efficient operation of recreation facilities. 12.4 Subtotal: Recreation Programs & Recreation Facilities— LT Calculation Costs for Recreation Programs & Facilities Total Population 2010 Municipal Performance Measures 4,860,548 82,184 Efficiency Measure — Costs for recreation programs and recreation facilities per person (subtotal). 2009 2010 59.14 76.13 6,256,612 82,184 2009 2010 70.02 84.82 5,754,268 6,970,631 82,184 82,184 Definition — This measure is based on the sum of expenditures for recreation programs and recreation facilities reported and results are influenced by the number and type of parks and recreation facilities, the extent of recreation programming and volunteer involvement. Objective — Efficient operation of parks, recreation programs and recreation facilities. Page 15 12.5 Subtotal: Parks, Recreation Programs and Facilities - LT Calculation Costs for Parks, Recreation Programs & Facilities Total Population Efficiency Measure — Costs for recreation programs and recreation facilities per person (subtotal). Definition — This measure is based on the sum of expenditures for recreation programs and recreation facilities reported and results are influenced by the number and type of parks and recreation facilities, the extent of recreation programming and volunteer involvement. Objective — Efficient operation of parks, recreation programs and recreation facilities. 12.6 Participant Hours for Recreation Programs — LT Calculation Total Participant Hours for Recreation Programs Total Population /1,000 persons Effectiveness Measure — Total participant hours for recreation programs per 1 permitted programs). Definition — Results are influenced by a number of factors including whether a recording each type of programming, volunteer level and availability of facilities agreements with school boards. Objective — Recreation programs serve needs of residents. 2010 Municipal Performance Measures 2009 126.67 10 409 874 82,184 2009 5,044.838 414,605 82,184 2010 147.53 12,124,837 82,184 2010 5,452,132 448 82,184 ,000 persons (registered, drop -in and municipality has a system in place for for programs, including reciprocal Page 16 12.7 Hectares of Open Space — LT Calculation Total Hectares of open space (municipality owned) Total Population /1,000 Effectiveness Measure — Hectares of Open Space per 1,000 persons (municipally owned). Definition — This measure standardizes the number of hectares of open space by dividing hectares by total population /1,000. Results may be influenced by types of open space, such as parks, natural areas, managed forests, etc. Objective — Open space is adequate for population. 12.8 Trails — LT Calculation Total kilometers of trails (municipally owned & third party) Total Population /1,000 2009 2010 5.037 5.037 414 414 82,184 82,184 Definition — Trails provide an important resource and opportunity for recreation, leisure and physical activity. The total kilometers of trails include the length of all trails that fall under municipal responsibility or control. Trails may support a range of non - motorized and motorized recreational uses. Examples are walking /hiking, bicycling, riding /equestrian, and snowmobiling. 2010 Municipal Performance Measures Effectiveness Measure — Total kilometers of trails per 1,000 persons (owned by municipality and third parties). Objective — Trails provide recreation opportunities. 2009 2010 0.61 .085 5 7 82,184 82,184 Page 17 12.9 Indoor Recreation Facilities - LT Calculation Square metres of indoor recreation facilities (municipally owned) Total Population /1,000 Effectiveness Measure — Square meters of indoor recreational facility space per 1 persons (municipally owned). Definition — Indoor recreation facilities include built or endorsed structures used for the purposes of community recreation and leisure. Objective — Ensure recreation facility space is adequate for population. 12.10 Outdoor Recreation Facility Space — LT Calculation Square metres of outdoor recreation facility space with controlled access and electrical or mechanical functions (municipally owned) Total Population /1,000 2010 Municipal Performance Measures Effectiveness Measure — Square metres of outdoor recreation facility space per 1,000 persons. Definition — Outdoor recreational facilities include city owned outdoor recreational facilities. Objective — Ensure recreation facility space is adequate for population. 2009 2010 4,124.306 4,355,957 338,952 357,990 82,184 82,184 2009 2010 24,112.759 24,096,126 1,981,683 1,980,316 82,184 82,184 Page 18 13 Library Services 13.1 Library Services per Person — LT Calculation Costs for Library Services Total Population Efficiency Measure — Costs for library services per person. Definition — Costs for library services include expenditures for salaries, wages and employment benefits, materials, contracted services, rents and financial expenses, interfunctional adjustments and allocation for program support. Objective — Efficient Library Services 13.2 Library Services per Use — LT Objective — Efficient Library Services. Calculation Costs for Library Services Total Library Uses for Your Municipality Efficiency Measure — Costs for Library Services per use. 2010 Municipal Performance Measures 2009 2010 61.11 60.41 5,022,319 82,184 4 964 716 82,184 2009 2010 0.57 0.45 5,022,319 4,964,716 8,770,340 10,998,462 Definition — This measure applies to a single -tier or lower -tier which is not a member of a union public library. Service delivery must involve a library board and the board has no service delivery contract with other municipalities. Total library uses include total annual circulation, library materials use, electronic information use, reference and library visits. Page 19 13.3 Library Uses per Person — LT Calculation Total Library Uses Total Population Effectiveness Measure — Library Uses per person. Definition — Library uses include annual circulation, program attendance, library materials in use, number of people using computer workstations, number of time electronic databases are accessed by library users, number of standard reference transactions, number of electronic reference transactions, number of visits to library made in person and number of electronic visits to the library. Objective — Increased use of library services. 13.4 Electronic Library Usage — LT Calculation 2009 2010 80.5% 84.8% Electronic library uses a percentage of total library uses Effectiveness Measure — Electronic Library uses as a percentage of total library uses. Definition — Electronic library uses are based on the Annual Survey of Public Libraries conducted by the Ministry of Culture. Electronic library uses include the number of people using computer workstations, the number of times electronic databases are accessed by library users, the number of electronic reference transactions, and the number of electronic visits to the library. Objective — Increased use of library services. 2010 Municipal Performance Measures 2009 2010 106.716 133.827 8,770,340 10,998,462 82,184 82,184 Page 20 13.5 Non - electronic Library Usage — LT Calculation 2009 2010 19.5% 15.2% Non - electronic library uses as a percentage of total library uses Effectiveness Measure — Non - electronic library uses as a percentage of total library uses. Definition — Non - electronic uses are based on the Annual Survey of Public Libraries conducted by the Ministry of Culture. Non - electronic library uses include annual circulation, program attendance, library materials in use, the number of standard reference transactions and the number of visits to library made in person. Objective — Increased use of library services. Calculation — Since the measure is a percentage, the sum of electronic library uses and non - electronic library uses cannot exceed 100% 14 Land use Planning 14.1 Location of New Residential Development — Shared Objective — New lot creation is occurring in settlement areas. 2010 Municipal Performance Measures Calculation 2009 2010 100.0% 100% Number of new lots, blocks, and /or units with final approval which are located within settlement areas. Total number of new lots, blocks and /or new units with final approval which are located within the entire municipality. 279 279 Effectiveness Measure — Percentage of new lots, blocks, and /or units with final approval which are located within settlement areas. 301 301 Page 21 14.2 Preservation of Agricultural Land in Reporting Year — Shared Objective — Preservation of Agricultural Land. Calculation 2009 2010 100% 100% Hectares of land designated for agricultural purposes in the Official Plan as of December 31 of the reporting year Hectares of land designated for agricultural purposes in the Official Plan as of January 1' 2000 14.3 Preservation of Agricultural Land Relative to Base Year — Shared Calculation Hectares of land designated for agricultural purposes in the Official Plan as of December 31 of the reporting year Hectares of land designated for agricultural purposes in the Official Plan as of January 1 of the reporting year Objective — Preservation of Agricultural land. 2010 Municipal Performance Measures 9, 542 9,542 Effectiveness Measure — Percentage of land designation for agricultural purposes which was not re- designated for other uses during the reporting year. Definition — Results for this measure may be influenced by changes to the Official Plan or adoption of a new Official Plan; whether agricultural land is interpreted as land bearing any designation intended to preserve agricultural land; demand for new development; Geographic Information System (GIS) leads to changes in the number of hectares. 9.542 9,548 2009 2010 99.9% 100.00% 9,542 9,542 9,548 9,542 Effectiveness Measure — Percentage of land designated for agricultural purposes which was not re- designated for other uses relative to the base year of 2000. Definition — Results for this measure may be influenced by changes to the Official Plan or adoption of a new Official Plan; whether agricultural land is interpreted as land bearing any designation intended to preserve agricultural land; demand for new development; Geographic Information System (GIS) leads to changes in the number of hectares. Page 22 Number of Hectares Re- designated During Reporting Year Objective — Preservation of agricultural Land. 14.5 Number of Hectares Re- designated since January 1, 2000 — Shared Objective — Preservation of Agricultural land. 2010 Municipal Performance Measures 14.4 Number of Hectares Re- designated During Reporting Year — Shared Calculation 2009 0 2010 0 Effectiveness Measure — Number of hectares of land originally designated for agricultural purposes which was re- designed for other uses during the reporting year. Definition — This measure provides the number of hectares that were re- designed during the reporting year and supplements the measure — percentage of land designated for agricultural purposes which was not re- designated for other uses during the reporting year. Calculation 2009 2010 6 6 Number of Hectares Re- designated since January 1, 2000 — Shared Effectiveness Measure — Number of hectares of land originally designated for agricultural purposes which was re- designated for other uses since January 1, 2000. Definition — This measure provides the cumulative number of hectares that were re- designated since January 1, 2000 and supplements the measure — percentage of land designated for agricultural purposes which was not re- designated for other uses relative to the base year 2000. Page 23 14.6 Size of Settlement Area Calculation Hectares of land in the settlement area as of December 31 of reporting year. Effectiveness Measure — Hectares of land in the settlement area as of December 31 of the reporting year. Definition — Objective — 14.7 Change in Size of Settlement Area Calculation Hectares of and in the settlement area as of December 31, 2010 less the number of hectares of land in the settlement area as of January 1, 2004 Hectares of land in the settlement area as of January 1, 2004 Effectiveness Measure — Hectares of land in the settlement area as of December 31 of the reporting year. Definition — Objective — 2010 Municipal Performance Measures 2009 2010 9,215 9,215 2009 2010 0.1% 0.0% 5 5 9,210 9,210 Page 24 F- 2011 -47 Niagara October 24, 2011 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Recommended by: Respectfully submitted: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2011 -47 Municipal Accounts That Council approve the municipal accounts totalling $20,636,582.69 for the period September 1, 2011 to September 28, 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. Todd Harris n, Dir -. or of Finance fig' Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATH 180 MARKETING 2095527 ONTARIO LTD 2232560 ONTARIO INC 540938 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING A ROSE OF SHARON LTD ACA ENGINEERING SERVICES ACCU LOCK AND SECURITY ACTIVE NETWORK LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANTAGE PRODUCTS ADVANTAGE PRODUCTS ADVANTAGE PRODUCTS AECOM CANADA LTD AFFILIATED CUSTOMS BROKERS LTD AGL GRASS AGNOLETTO,TAMMY AIKMAN,LOUISE AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALLEN,ALICE JUNE ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED INDUSTRIES ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANDREW,JAMES JOHN ANTHONY'S EXCAVATING CENTRAL INC ANTHONY'S EXCAVATING CENTRAL INC APPLIED GEOLOGICS INC ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ASCAH,KELLY CAMERON AUTO FX GRAPHICS AND SIGNS AVA LINGUISTS AVENUE INDUSTRIAL SUPPLY CO LTD B & B LIFT TRUCK SERVICE B & S POOL SERVICES B.M.R. MFG. INC. BARRATT,NATALINA & NEIL BATTLEFIELD INTERNATIONAL INC BEACH,JAMES ARTHUR BEAMAN, KEN BEATTIES BASICS BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BERNAT,CLARK BERNAT,CLARK Cheque No. Cheque Date Purpose 348949 14- Sep -2011 348845 07- Sep -2011 349260 28- Sep -2011 348846 07- Sep -2011 348951 14- Sep -2011 348847 07- Sep -2011 349261 28 -Sep -2011 349385 28- Sep -2011 348848 07- Sep -2011 349262 28- Sep -2011 349123 21- Sep -2011 348849 07- Sep -2011 348952 14- Sep -2011 349124 21- Sep -2011 349263 28- Sep -2011 348850 07- Sep -2011 348953 14- Sep -2011 349264 28- Sep -2011 348851 07- Sep -2011 348954 14- Sep -2011 348955 14- Sep -2011 349265 28- Sep -2011 349266 28- Sep -2011 348852 07- Sep -2011 349125 21- Sep -2011 349267 28- Sep -2011 348956 14- Sep -2011 348957 14- Sep -2011 349126 21- Sep -2011 349268 28- Sep -2011 348853 07- Sep -2011 348958 14- Sep -2011 349269 28- Sep -2011 349129 21- Sep -2011 348959 14- Sep -2011 348960 14- Sep -2011 349127 21- Sep -2011 349270 28- Sep -2011 348854 07- Sep -2011 349128 21- Sep -2011 348961 14- Sep -2011 349271 28- Sep -2011 348962 14- Sep -2011 348963 14- Sep -2011 349272 28- Sep -2011 349130 21- Sep -2011 348855 07- Sep -2011 348964 14- Sep -2011 349273 28- Sep -2011 348856 07- Sep -2011 349131 21- Sep -2011 348965 14- Sep -2011 349132 21- Sep -2011 348966 14- Sep -2011 349133 21- Sep -2011 349274 28- Sep -2011 348967 14- Sep -2011 348969 14- Sep -2011 348968 14- Sep -2011 349141 21- Sep -2011 349275 28- Sep -2011 348857 07- Sep -2011 349134 21- Sep -2011 349135 21- Sep -2011 348858 07- Sep -2011 349136 21- Sep -2011 349138 21- Sep -2011 349139 21- Sep -2011 349276 28- Sep -2011 349277 28- Sep -2011 348970 14- Sep -2011 348859 07- Sep -2011 349140 21- Sep -2011 SERVICES MEMBERSHIP LICENSE AGREEMENT REFUND REFUND - DAMAGE DEPOSIT MATERIALS MATERIALS REFUND 5955 KISTER RD SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID# 768 MATERIALS MATERIALS MATERIALS SUSTAINABLE TRANSPORTATION S SERVICES CONTRACT SERVICES TRAVEL/MILEAGE SERVICES MATERIALS MAINTENANCE /REPAIRS SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SENIOR PROPERTY TAX REBATE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE TRAVEL /MILEAGE REFUND - DAMAGE DEPOSIT SERVICES SERVICES CONSULTING SERVICES MATERIALS VEH ID #532 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE /REPAIRS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS REFUND MATERIALS REFUND - DAMAGE DEPOSIT TRAVEL/MILEAGE LEASES AND RENTS MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES PETTY CASH TRAVEL /MILEAGE Page 1 of 8 Amount 1,460.10 67.80 1,130.00 16.00 1,000.00 1,450.92 10,701.88 100.00 565.00 2,092.48 395.50 169.50 550.88 50.85 220.35 836.26 520.65 683.50 74, 722.94 34.90 2,278 08 73.22 275.00 1,831.66 732.90 3,476.59 4,806.93 239.641.45 2,635.16 98,563.75 666.42 7345 31.08 395.50 40.00 81.36 81.36 27.12 168.08 170.07 2.855.80 43.68 750.00 4,746 00 3.390.00 9,802.19 3.726.80 354.93 42.94 596.75 854.34 426.58 28.25 612.09 96.05 256.52 2,070.16 309.08 5,746.35 17,212.16 890.56 660 37 750.00 21.13 4,256.03 1,127.06 17.13 325.96 206.78 113.32 113.00 193.87 153.92 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOLDT POOLS LTD BOOTH,TERRY & RITA BORDEN LADNER GERVAIS BOYS & GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRODERICK & PARTNERS BROWNS SEPTIC SERVICE LTD BURLEY,RON C D W CANADA INC C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN AND UNIFORM SERVICE CANADIAN LINEN AND UNIFORM SERVICE CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SPECIALTY CASTING INC CANADIAN SPECIALTY CASTING INC CANAVAN, WENDY CANAVAN, WENDY CANHAM.DONALD CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P CANPAR TRANSPORT L.P. CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CEDAR SPRINGS CEDAR SPRINGS CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTRAL COMMUNICATIONS CENTRE COURT CAFE CENTRE COURT CAFE CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERMINARA,JAMES CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIECA,LUCIANO CHRIS CRISTELLI & ASSOCIATES INC CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CLIFTON HILL BIA CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO LIMI1 CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO LIMI1 C -MAX FIRE SOLUTIONS COLLABORATIVE STRUCTURES LIMITED COLLEE, DOUGLAS COLLEE,DOUGLAS COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERNATIONAL INC CONS DE DISTRICT CATHOLIQUE CENTRE -SUD CONS DE DISTRICT DU CENTRE - SUD -OUEST CONTINENTAL TIRE CANADA INC CONWAYS MECHANICAL CONTRACTING INC COTTON INC Cheque No. 348971 349278 348972 349279 348973 348974 349280 349281 349282 348975 349142 348861 348866 348995 349283 348863 349144 348864 349146 348978 349285 349286 349145 348980 349148 348862 348976 349284 348865 348979 349147 349287 349149 349288 349150 348982 349151 348867 348983 349290 348868 348869 348984 349152 348870 348985 348871 348872 348873 348986 349153 349291 348987 348988 349292 348874 348989 349293 349422 349154 349294 349155 349295 348990 349156 348875 348991 349296 349297 WIRE WIRE 348876 348992 349298 Cheque Date 14- Sep -2011 28- Sep -2011 14- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -2011 21- Sep -2011 14- Sep -2011 28- Sep -201 1 28- Sep -2011 21- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 07- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -201 1 28- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -201 1 29- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 30- Sep -2011 30- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 Purpose MATERIALS MATERIALS SERVICES SERVICES REFUND - DAMAGE DEPOSIT REFUND - DAMAGE DEPOSIT SERVICES GRANT MATERIALS CONSULTING SERVICES - PEOPLE M SERVICES TRAINING REIMBURSEMENT MATERIALS MATERIALS SERVICES SERVICES SERVICES LEASES AND RENTS LEASES AND RENTS MATERIALS LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES REFUND - DAMAGE DEPOSIT REFUND - DAMAGE DEPOSIT TRAVEUMILEAGE TRAVEL/MILEAGE DRIVERS MEDICAL COURIER SERVICES COURIER SERVICES SERVICES SERVICES MATERIALS SERVICES SERVICES MATERIALS CONTRACT SERVICES MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAINING REIMBURSE MATERIALS MATERIALS MATERIALS MATERIALS REFUND SERVICES MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS 2011 BIA LEVY SERVICES SERVICES MATERIALS CONTRACT SERVICES REIMBURSEMENT TRAVEUMILEAGE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS TAX LEVY TAX LEVY MATERIALS MATERIALS CONTRACT SERVICES Page 2 of 8 Amount 77.97 1,008.53 791.00 791.00 750.00 750.00 6,489.07 16,066.67 2,749.22 45,589.38 1,830.60 231.77 3,335.38 18,215.60 915.30 1.683.70 203.40 245.77 1,160.49 245.77 385.28 571.71 1,105.91 750.00 750.00 472.44 406.50 100.00 4.94 54.93 7.75 63.12 3,799.24 12, 384.72 199.34 1,020.39 2,288.25 822.64 340.635.52 3.331.25 423.75 227 18 145.71 177.75 3,145.00 450.87 1,700.77 968.65 4,070.80 1.381.52 163.19 1,034 29 150.00 395.50 978.70 2,232.32 887.16 535.74 6,250.00 305.10 3,013.17 414.97 568,820.09 52.84 45.00 581.11 21.868.83 57, 936.94 372.90 267.706.50 80.356.69 3.782.29 279.68 46,331 96 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD SMITH & SWALLOW CRI FIRE PROTECTION INC. CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC DARCH FIRE DAVIDSON ENVIRONMENTAL DEEP STEAM DEPENDABLE EMERGENCY VEHICLES DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DETENBECK,TOM DEVRON PIPE SALES DIGITAL MOTION PRODUCTIONS DIODATI,JIM DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRUXY'S DULUX PAINTS E P S R C TEAM EMERGENCY PATROL SEARCH & RESCUE COMI EASTLAND GRAPHICS EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA E -QUIP RENTALS & REPAIRS INC EQUIPMENT SPECIALIST INC ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVOLUTION TRUCK & TRAILER SERVICE FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS MANOR MOTEL & RESTAURANT FALLSVIEW BIA FANSOLATO.WAYNE FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FELICETTI,ANNY FEREN SIGNS & AWNINGS LTD FIFE,BRANDON FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FREDERICK CAMERON LLP FREDERICK CAMERON LLP G C DUKE EQUIPMENT LTD G C DUKE EQUIPMENT LTD GALBRAITH ELECTRIC LTD GARDNER,CAROL GARRISON,JOANNE GATTI,ANTONIO GENIVAR CONSULTANTS LIMITED PARTNERSHIP GEORGIAN COLLEGE Cheque No. 349299 348877 349301 348993 348994 348996 348997 349302 348998 348999 349157 349303 349304 348878 349000 349158 349305 349159 348879 349001 349306 349423 349160 349161 349162 349005 349307 348880 349002 349163 349308 348881 349003 349164 349309 349004 349310 349165 349006 348882 349007 349166 349311 348883 349167 348884 349008 349009 349312 349313 349424 349168 348885 349010 349169 349314 349170 349171 349172 348886 349011 349173 349315 349012 348887 349316 349013 349176 348888 349175 349317 348889 349014 349318 Cheque Date 28- Sep -2011 07- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 29- Sep -201 1 21- Sep -2011 21- Sep -2011 21- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 28- Sep -201 1 21- Sep -2011 14- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 29- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 21- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 07- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 Purpose MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE REPLENISH ACCT # 98030007 MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE 2011 BIA LEVY SERVICES MATERIALS MATERIALS DONATION MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONSULTING SERVICES MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS VEH ID# 42 MATERIALS MATERIALS REFUND- CANADA DAY 2011 BIA LEVY TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE ADMINISTRATIVE KALAR RD RECONSTRUCTION PRO. MATERIALS MATERIALS MATERIALS DRIVERS MEDICAL REFUND REFUND DUP PRKG PYMT SERVICES REGISTRATION FEES Page 3 of 8 Amount 5,582.20 5,665.00 6,072.00 5,650.00 169.50 1,697.03 11,074.77 8,764.75 500.00 142.95 63.28 4,235.92 13,498.98 148.31 1.969.84 261.55 358.96 66.31 261.60 169.50 1,155.00 100.750.00 457.65 141.25 632.03 250.00 1,130.00 2,289.38 775.86 1,681.44 40.666 60 22.08 2,476.05 480.50 6,182.56 165,447.04 655.40 180.80 1.000.20 78.52 11,558.04 11, 381.47 86.11 396.80 574.60 482.42 904.00 641.81 6,380.80 250.09 387,500.00 45.00 592.13 537.89 825.45 17822 395.20 348.24 82.19 420.93 412.27 2,526.69 54.10 109.72 36, 000.00 1,018.24 72.72 3187 659.92 100.00 711.00 26.50 769.56 292.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GERBRANDT,KIMBERLY GLOBALSTAR CANADA SATELLITE CO GOODY,ROBERT GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREEN,BRUCE GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENLAWN GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUP92 GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUGLIOTTA,JOE GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY NALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HENDERSON RECREATION EQUIPMENT LIMITED HENDERSON RECREATION EQUIPMENT LIMITED HEWITT.CARL & MARCELLA HILL, MIKE HISTORIC NIAGARA DEVELOPMENT INC HOLMAN.GEOFF HY GRADE PRECAST CONCRETE INNOVATIVE SURFACE SOLUTIONS CANADA INSPEC SOL INC. INSPEC SOL INC INTERFLEET INC IORFIDA,DEAN JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACKSON,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS KAN DU POOLS LTD KAN DU POOLS LTD KEDZIERSKI,JOHN KELLY DIGS LANDSCAPING KLENZOID KONE INC KROWN RUST CONTROL KWIK MIX MATERIALS LIMITED LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAMB,HAROLD LEGACY,CANDICE LEWIS MANUFACTURING LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LMCBO GROUP LUEY,CATHERINE LUNDY'S LANE BIA M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MAIN & FERRY BIA MAIURI,ELVIRA MAIURI,TODD Cheque No. 349015 349016 349017 348891 349018 349177 349319 349320 349178 349019 349179 349321 349322 348892 349180 349323 349181 349182 349324 348893 349183 349325 348895 348894 349326 348896 349327 349020 349184 349328 348897 349021 348898 348899 349023 349024 349186 349025 349187 349329 348900 349026 349188 348901 349027 349189 349330 348902 349028 349331 349029 349030 349031 349190 349332 348903 349032 349333 349334 349335 348904 349034 348906 349035 349337 349192 348907 349425 349200 349348 349347 349426 349036 348908 Cheque Date 14- Sep -2011 14- Sep -2011 14- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28 -Sep -201 1 21- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 07- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 07- Sep -2011 28- Sep -2011 07- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -201 1 14- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 21- Sep -2011 07- Sep -2011 29- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 29- Sep -2011 14- Sep -2011 07- Sep -2011 Purpose REFUND DAMAGE DEPOSIT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE TRAVEUMILEAGE SERVICES SERVICES SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAINING TUITION REIMBURSE MATERIALS MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS CONTRACT SERVICES CEMETERY PLOT SELL- BACK TO C. REFUND LEASES AND RENTS TRAVEUMILEAGE MATERIALS MATERIALS CONSULTING SERVICES SERVICES SERVICES TRAVEUMILEAGE VEH ID# 135 VEH ID# 96 VEH ID# 592 TRAVEUMILEAGE SERVICES SERVICES TICKET REVENUE TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING REFUND BP- 2011 -0860 MATERIALS TRAVEUMILEAGE CONTRACT SERVICES MATERIALS LEASES AND RENTS VEH ID# 51/320/651/303 MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES REFUND DRIVER MEDICAL GRANT 4660 QUEEN ST MATERIALS MATERIALS FUEL FUEL FUEL TRAINING TRAINING TUITION REIMBURSE GRANT MATERIALS MATERIALS SERVICES GRANT REFUND BP- 960693 TRAVEL /MILEAGE Page 4 of 8 Amount 750.00 139.89 105.04 900.76 174.98 35.61 603.10 99.40 100.00 3,785.50 2,474.21 855.98 96.05 31,239.24 46, 805.73 15,240.40 3,277.00 1,542.38 735.53 231.77 67.57 664.21 590.76 621.50 621.50 571.78 49.879 17 1,070.00 150.00 3.502 86 72.80 2.137.94 4,344.90 18.704.89 1,426.06 3,032.90 176.80 141 13 79.10 39.55 172.12 271.20 3,390.00 2,096.00 2,990.00 2,478.00 3,024.00 750.00 198.33 83.58 18,274.91 3,360.09 556.06 553.47 1,579 47 1,921.00 246.91 2,666.82 115.00 6,161.43 378.00 103.90 21,484.77 24, 291.78 23,070.79 650.00 514.15 69,012.60 328.78 15,830.26 822.06 13,750.00 500.00 45.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MAPLE LEAF COLLISION CENTRE MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MAR -CO CLAY PRODUCTS INC MARINE CLEAN LTD MARINE CLEAN LTD MARONE,ROSETTA& MARONE, GIUSEPPE MARR,TYLER MAXXIMUM MOTORS TREVOR DESILETS MCINNES,NANCY MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MEDIA PRO INC MEYER,CHRISTEL MHPM PROJECT MANAGERS INC MICHAEL HALLE MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE ONTARIO HIGHWAY TRANSPORT MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MMM GROUP LIMITED MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MOROCCO,JOHN MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MR QUICK SOFT CLOTH MTE PARALEGAL PROFESSIONAL CORPORATION MULLER'S WORKWEAR MUSSARI,TOM MYER SALIT LIMITED -NF MYER SALIT LIMITED -NF N Y STYLE DELI N.S.M FABRICATING LIMITED NATIONAL BOARD OF FIRE SERVICES NEUFELD,RAYMOND& NEUFELD, SYLVIA NIAG CATHOLIC DISTRICT SCHOOL BOARD NIAG DISTRICT SCHOOL BOARD OF NIAGARA NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA FALLS ART GALLERY NIAGARA FALLS COMMUNITY HEALTH CENTRE NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS SERTOMA CLUB NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA INFLATABLES & GAMES INC. 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 PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE Cheque No. 349037 349038 349193 349338 349194 349339 349195 349196 349039 349040 349041 349197 349340 349342 349042 349198 US DRAFT 349199 349344 349345 349346 BOARD 349044 349043 349343 349349 349045 349350 348910 348911 349047 349201 349351 349352 349353 349048 349049 349354 349366 349213 US DRAFT 349050 WIRE WIRE 349051 349052 349202 349203 349355 349054 349055 349356 349357 349204 349358 349056 349057 349359 349121 349360 349361 349205 348913 349206 348914 348915 349058 349122 349207 349208 349209 349362 349363 349364 348916 Cheque Date 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 21- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 15- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 21- Sep -201 1 13- Sep -2011 14- Sep -2011 30- Sep -2011 30- Sep -2011 14- Sep -201 1 14- Sep -2011 21- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -201 1 28- Sep -201 1 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 16- Sep -2011 28- Sep -2011 28- Sep -2011 21- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 16- Sep -2011 21- Sep -2011 21- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 28- Sep -2011 07- Sep -2011 Purpose VEH ID# 189 MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND TRAVEUMILEAGE ADVERTISING REFUND BP- 2008 -0868 VEH ID# 198 VEH ID# 75 VEH ID #181 MATERIALS TRAVEUMILEAGE CONSULTING SERVICES COMBAT CHALLENGE ENTRY MATERIALS LEASES AND RENTS PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS SERVICES SERVICES TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS SERVICES CONSULTING SERVICES MATERIALS PETTY CASH VEH ID#421 MATERIALS MATERIALS VEH ID#421 CERTIFICATIONS REFUND BP- 2011 -0798 TAX LEVY TAX LEVY VEH ID# 38 VEH ID #532 VEH ID# 283 MATERIALS GRANT ADVERTISING MATERIALS MATERIALS GRANT REFUND LOT 10 PERMITS CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADMINISTRATIVE GRANT SERVICES MATERIALS CONSULTING SERVICES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES SERVICES SERVICES Page 5 of 8 Amount 253.12 1,878.06 44,141.19 850.44 345.26 3,067.64 750.00 46.28 621.50 750.00 254.25 339.00 254.25 128.82 45.00 614.20 290.00 525.45 450.00 6,010.66 95, 835.74 500.00 2,156.47 2.156.47 1,130.00 1,748.12 2,264.93 180.96 260.00 71.91 1,380.10 185.32 392.68 94.92 12661 495.67 423.75 261.88 2,395 60 375.00 750.00 3,631,430.19 6,933.887.79 90.40 10,330.17 6,635.50 27.53 33,202.33 55.37 153.68 226.00 2,250.00 33.90 37,711.83 7,233_55 6,946.65 6.946.65 150.00 30, 000.00 45.00 383.07 4,251.00 93.11 12.014.39 3,156.44 3,730.26 18,470.41 158, 224.10 27,957.80 80,469.91 10,833.88 122.011.06 2,781.29 50.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA SAW SALES AND SERVICE NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA.COM NORTON,GAGE NORTRAX O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS ONTARIO PARKS ASSOCIATION PAGENET OF CANADA INC PANG,JUN PASCO,JOHN PELHAM MOTORS & GENERATORS INC. PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PERSPECTIVE MARKETING INC PIGEON, ROGER PIRO,STEVEN PLAS, HARRY PORTER,GAIL PRATA,GUY PRAXAIR PRECISE PARK LINK INC PRECISION CURB CUTTING LTD PREMIER ELECTION SOLUTIONS INC. PROJECT SHARE PUBLIC SECTOR DIGEST PURE WATER PUROLATOR COURIER O'STRAINT CANADA R AND R ASSOCIATES INC. R W HAMILTON LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY READ SPEAKER RECEIVER GENERAL RECEIVER GENERAL REGIONAL DOORS & HARDWARE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REJVOID,JARMILA RIAD,MIKHAIL MAGED RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED ROCCA,FRANK ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROSA,DAVID ROUPAS,ELLEN ROUSOM.RYAN SAFETY KLEEN CANADA INC SAFETY -KLEEN CANADA INC. OIL DIVISION SAFETY -KLEEN CANADA INC. OIL DIVISION SANI GEAR FIRE Cheque No. 349210 349365 349059 348917 349060 349211 349212 349053 349174 348918 349062 349215 349367 349063 349368 349369 349216 349217 349370 349064 349218 349066 349220 349421 349219 349420 349067 349068 349070 349221 349372 349071 349072 349222 349373 349073 349374 349375 349376 349074 348919 348920 349378 349082 348921 349075 349223 349377 349224 349379 349380 US DRAFT 349076 349381 349225 348922 349077 349382 WIRE WIRE WIRE 349383 349078 349079 348924 349384 349080 349226 349386 349081 349083 348925 349227 348926 Cheque Date 21- Sep -2011 28- Sep -2011 14- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 21- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 28- Sep -2011 28- Sep -2011 21- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -201 1 28- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 07- Sep -2011 07- Sep -2011 28- Sep -2011 14- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 22- Sep -2011 14- Sep -2011 28- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 14- Sep -2011 30- Sep -2011 30- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 07- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -2011 Purpose SERVICES VEH ID# 653 MATERIALS VEH ID# 86 VEH ID#678 ADVERTISING MATERIALS SERVICES REFUND VEH ID# 481 CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT SERVICES REFUND TAX O /PYMT REFUND MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID #58 ADVERTISING TRAVEUMILEAGE REFUND REFUND TRAVEL /MILEAGE TRAVEL/MILEAGE MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES GRANT SERVICES SERVICES COURIER MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ANNUAL SERVICE AGREEMENT PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS SERVICES DEBT 45 -2011 AUG WATER GRANT REFUND BP- 2007 -0464 CONSULTING SERVICES REFUND BP- 2011 -0860 MATERIALS SERVICES REFUND TRAVEUMILEAGE GRANT MATERIALS MATERIALS MATERIALS MATERIALS Page 6 of 8 Amount 50.00 63.28 190.81 3,019.36 2,764.64 364.03 1,717.60 13.56 150.00 92.60 8,899.89 12,418.14 3,119.93 762.07 42,473.46 776, 515.72 500.00 16.89 641.00 150.00 2,087.22 194.36 678.00 474.60 405.00 20.00 84.75 4,541.75 45.00 750.00 150 00 104.52 53.04 758.60 3,242.33 2,706.54 4.570.85 24,866.67 1,723.25 42.25 22.11 355.27 6,109.91 545.06 374.12 87.69 886.10 773.39 57.57 9,200.65 1,325.79 4,068.00 481,301.17 399,115.75 40.12 2,222.26 1,382.06 973.54 18,270.06 1,033,952.12 2,110, 097.68 1,319.49 750.00 1,600.53 750.00 1,988.98 1,550.28 5,530.43 88.35 25, 000.00 431 17 4.847.70 2,699 29 1,351 21 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SCHOLTENS,SOPHIA SCOTIABANK CONVENTION CENTRE SECURITY THROUGH SAFE DESIGN SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SETON SHERWIN WILLIAMS SHERWIN WILLIAMS SHORTHILLS TREE SERVICE INC SHRED IT KITCHENER SIGNATURE SIGNS SOLID CADDGROUP INC. SOLYK,LYNDA SOUTHWEST BINDING SYSTEMS LTD SPATIAL GEO LINK SQBOX SOLUTIONS LTD ST JOHN AMBULANCE STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STAR APPLIANCES (NEW & USED) STAR COLLISION SERVICE STICCA,JAMES STITCH IT CANADA'S TAILOR STORAGE NIAGARA STORAGE NIAGARA STREAMLINE STRONGCO EQUIPMENT SUN LIFE SUN LIFE ASSURANCE COMPANY OF CANADA SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC SUTPHEN CORPORATION TALK WIRELESS INC TALK WIRELESS INC TAYLORS WATER SERVICE TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TERANET INC THE CANADIAN INSTITUTE OF CHARTERED ACCOUNTANTS THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNCIPALITY NIAGARA EMERGENCY MEDICAL THE REVIEW THE TOWN OF INNISFIL TOPLIFFE,T TOROMONT TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRAPASSO,JACK TRENCHLESS UTILITY EQUIPMENT INC TRIFKOVIC,ZORAN TURF CARE PRODUCTS CANADA LIMITED TURNBULL,NANCY TWARDAWSKY,NICK UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS UPS CANADA Cheque No. 349084 349228 349387 349085 348928 349229 349086 349388 349087 349088 349389 349089 349090 349091 349231 348929 349232 348930 349390 349394 349092 349233 349391 349392 349234 349393 348931 349395 348932 349235 WIRE - BILLING AND CO 349237 348933 349069 349093 349236 349396 349095 349094 349397 US DRAFT 349097 349398 349399 348934 349238 348935 348977 348936 349400 348923 349098 349242 349240 349241 349099 349258 349259 349401 348937 349101 349243 349402 349102 349103 349104 349105 348938 348939 349107 349403 348940 349108 349109 Cheque Date 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 07- Sep -2011 21- Sep -2011 14- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -2011 28- Sep -2011 28- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 28- Sep -2011 21- Sep -2011 28- Sep -2011 07- Sep -2011 28- Sep -2011 07- Sep -2011 21- Sep -2011 30- Sep -2011 21- Sep -2011 07- Sep -2011 14- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -2011 28- Sep -2011 15- Sep -2011 14- Sep -2011 28- Sep -201 1 28- Sep -2011 07- Sep -2011 21- Sep -2011 07- Sep -201 1 14- Sep -2011 07- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 21- Sep -2011 21- Sep -2011 14- Sep -201 1 27- Sep -2011 27- Sep -2011 28- Sep -2011 07- Sep -2011 14- Sep -2011 21- Sep -2011 28- Sep -2011 14- Sep -2011 14- Sep -201 1 14- Sep -2011 14- Sep -2011 07- Sep -2011 07- Sep -2011 14- Sep -2011 28- Sep -2011 07- Sep -201 1 14- Sep -2011 14- Sep -201 1 Purpose MATERIALS MATERIALS MATERIALS SENIOR TAX REBATE ADMINISTRATIVE TRAINING SERVICES SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS SUBSCRIPTION REFUND BP- 2011 -0678 MATERIALS LEASES AND RENTS LEASES AND RENTS GRANT MATERIALS MATERIALS MATERIALS VEH ID# 126 TRAVEUMILEAGE SERVICES SERVICES SERVICES VEH ID# 678 VEH ID# OCT PREMIUMS REMITTANCE FUEL FUEL FUEL FUEL FUEL MATERIALS FUEL FUEL PARTS SERVICES SERVICES SERVICES SERVICES SERVICES ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING TRAINING REFUND VEH ID# 571 TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS GRANT QUEEN STREET MATERIALS REFUND TRAVEUMILEAGE VEH ID#459 PAYROLL REMITTANCE CONSULTING SERVICES CONTRACT SERVICES COURIER Page 7 of 8 Amount 1,552.64 904.86 1,319.69 40.00 2.260.00 4,068.00 84.75 2,028.35 42.75 577.76 122.72 9,040.00 88.30 160.01 13,729.50 750.00 4,150.49 1,807.76 1,497 25 2,491.67 4313 8.69 282.50 1,852.97 83.20 101.43 219.22 384.20 124.30 22.15 315,511.75 1,490.54 79,083.05 1,867.61 16,393.51 30,311.31 50,431.20 1.487.16 55.38 55.38 2,255.00 1.009.79 926.37 120.00 146.89 1,053.66 10, 000.00 146.34 191.54 158.20 106.62 4.125.23 70.00 150.00 460.00 189.28 79,401 55 2,625.00 34,997.53 370.68 488.78 81.22 49.89 135.41 234.05 10,000.00 231.09 20.00 56.68 897.67 1,690.50 19,080 05 6,731.57 114.67 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VAIL,TIM VAILLANCOURT,TLESPHORE& VAILLANCOURT, PAULINE VANCOR SUPPLY VERLY CONSTRUCTION GROUP INC VICTIM SERVICES NIAGARA 0/0 NIAGARA REGIONAL POLICE SE VICTORIA CENTRE BIA VIKING CIVES LTD WAJAX INDUSTRIES WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALL,LISA WASTE MANAGEMENT WATERS,RON WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTERN NEW YORK STRESS REDUCTION WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHITE.CATHERINE WHITE,DAVID& WHITE, CHERYL WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WORK AUTHORITY WSIB WSIB WSIB WSIB WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YMCA YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEP SALES & SERVICE OF CANADA Cheque No. Cheque Date 349244 21- Sep -2011 349404 28- Sep -2011 349405 28- Sep -2011 348941 07- Sep -2011 349110 14- Sep -2011 349111 14- Sep -2011 349245 21- Sep -2011 349246 21- Sep -2011 349427 29- Sep -2011 348942 07- Sep -2011 349247 21- Sep -2011 349248 21- Sep -2011 349113 14- Sep -2011 349250 21- Sep -2011 349407 28- Sep -2011 348943 07- Sep -2011 349112 14- Sep -2011 349249 21- Sep -2011 349406 28- Sep -2011 349251 21- Sep -2011 349408 28- Sep -2011 349114 14- Sep -2011 349409 28- Sep -2011 349410 28- Sep -2011 348944 07- Sep -2011 349115 14- Sep -2011 349253 21- Sep -2011 349411 28- Sep -2011 US DRAFT 22- Sep -2011 349252 21- Sep -2011 349116 14- Sep -2011 349254 21- Sep -2011 349117 14- Sep -2011 349412 28- Sep -2011 348945 07- Sep -2011 349413 28- Sep -2011 349414 28- Sep -2011 349022 14- Sep -2011 348946 07- Sep -2011 349255 21- Sep -2011 349415 28- Sep -2011 349416 28- Sep -2011 349256 21- Sep -2011 348947 07- Sep -2011 349118 14- Sep -2011 349257 21- Sep -2011 349417 28- Sep -2011 349418 28- Sep -2011 349119 14- Sep -2011 349419 28- Sep -2011 349120 14- Sep -2011 Purpose CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES TRAVEUMILEAGE REFUND BP- 2011 -0252 MATERIALS CONTRACT SERVICES TRAINING GRANT VEH ID# 678 VEH ID# 210 VEH ID# 456 SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAINING C LUEY SERVICES TRAINING VEH ID# 532 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAINING MATERIALS SENIOR TAX REBATE REFUND SERVICES GRANT MATERIALS MATERIALS GRANT MATERIALS REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE PETTY CASH ADVERTISING MATERIALS MATERIALS MATERIALS GRANT VEH ID #914 MATERIALS MATERIALS Page 8 of 8 Amount 1,005.70 12,278 -69 3,559.50 45.00 750.00 212.89 7,762.80 100.00 83, 750.00 889.30 263.04 1,794.08 202.39 79.50 366.12 4,954.91 1,084.58 177.92 2,650.98 142.38 103.83 1,000.00 1,137.11 498.74 511.01 3,177.79 1,606.35 3,103.35 100.00 546.47 40.00 750.00 226.00 14,214.29 4,782.00 807.09 1,612.50 150.00 18,181.78 4,290 42 24, 962.79 1,203.16 681.60 53.85 1,349.00 1,899.60 3,197.02 4,277.75 3,506.06 1,384.69 274.88 Total 20,636,582.69 F- 2011 -48 Niagaraaalls October 24, 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 -48 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of September 30, 2011 were $26.8 million compared to $26.5 million in 2010. During September, tax receivables as a percentage of taxes billed decreased slightly from 31.6% in 2010 to 30.2% in 2011. The City's finance staff has had success in resolving 91% of properties that are subject to registration for 2011. There are currently twenty -three properties scheduled for tax sale in the next two years. A tax sale is scheduled for November 9, 2011 during which eight (8) properties are scheduled for sale. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2011 lags slightly behind the collection history for 2010. Table 1 shows that taxes outstanding at September 30, 2011 are $26.8 million. This represents an increase from $26.5 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 nine months of activity. This table shows 91.2% of the tax accounts or 356 properties have been paid in full or the owners have made suitable payment arrangements. During September, eight accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 89.0% (August) to 91.2% (September). October 24, 2011 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of September, eight registered properties were redeemed and one property was registered. The outstanding taxes for registered properties represents 4.7% 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 September 30, 2011 is 30.2% which is a decrease from 2010's value of 31.6 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: - 2 - F- 2011 -48 A. Felicetti Taxes Receivable at September 30, 2011 Taxes Receivable by Property Class at September 30, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Ha ison, D -ctor of Finance Respectfully submitted: ice` Ken Tddd, Chief Administrative Officer Taxes Receivable by Property Class as at September 30, 2011 Outstanding Taxes @ August 31, 2011 2011 Taxes Owing % of Class 2010 Taxes Owing % of Class Residential $ 17,318,077 34.34% $ 16,937,193 32.38% Multi- Residential $ 1,829,907 3.63% $ 1,919,877 3.67% Commercial $ 29,198,682 57.89% $ 31,331,438 59.89% Industrial $ 2,055,336 4.08% $ 2,095,132 4.01% Farmlands $ 32,705 0.06% $ 28,736 0.05% Total Receivables $ 50,434,707 100.00% $ 52,312,376 100.00% Total Taxes Receivable Owing at September 30, 2011 2011 2010 Outstanding Taxes @ August 31, 2011 $ 20,559,955 $ 20,187,079 Taxes Billed and Due September 30, 2011 $ 20,952,565 $ 20,445,597 Penalty charged in September $ 248,247 $ 252,200 Taxes Collected during September $ 14,963,190 $ 14,346,184 Outstanding Taxes @ September 30, 2011 $ 26,797,576 $ 26,538,692 Taxes Due October 31, 2011 $ 21,892,045 $ 21,713,057 Supplemental Due October 31, 2011 $ 872,543 $ 2,030,314 Supplemental Due November 30, 2011 $ 872,543 $ 2,030,313 Total Taxes to be Collected $ 50,434,707 $ 52,312,376 TABLE 1 TABLE 2 Scheduled Tax Sales Date Properties Subject to Registration as at August 31, 2011 Properties Subject to Registration as at September 30, 2011 % Initial Amount 390 390 6 Paid in Full 122 130 33.3% Payment Arrangements 225 226 57.9% Ongoing Collection Action 42 32 8.2% Registered 1 2 0.5% 390 390 100.0% Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2011 9 $ 1,311,685 May 2012 6 $ 963,476 November 2012 8 $ 98,851 Totals 23 $ 2,374,012 TABLE 3 TABLE 4 Niagaraag14 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -43 Bulk Sodium Chloride (Road Salt) Tender 2011 -T -31 RECOMMENDATION EXECUTIVE SUMMARY MW- 2011 -43 October 24, 2011 That the Bulk Sodium Chloride (road salt) tender be awarded to Canadian Salt Co. as set out in Tender 2011 -T -31 for the quoted pricing for the 2011/2012 winter season. The City's Winter Maintenance Policy specifies the type of material used to respond to winter conditions. Although Municipal Works staff use a brine mixture to treat steep hills, bridge decks and mist areas the majority the majority of the material spread for winter control on City roads is a mixture of sand and granular salt. It is anticipated that the City may use up to 6,000 tonnes of salt for this winter season. The unit price to supply road salt for the 2011/2012 winter season will be $60.89 per tonne for a projected cost of $365,340 excluding taxes. BACKGROUND The City of Niagara Falls participated in the 2011 Regional tender for the supply of Bulk Sodium Chloride (road salt). Tenders were received from two suppliers with results as follows: Suppliers Canadian Salt Co. Ltd Mississauga, ON Cargill Limited Pickering, ON ANALYSIS AND RATIONALE Unit Price (per tonne) 2011/2012 2012/2013 2013/2014 $60.89 +2% +2% $61.39 +3% +4% Tender 2011 -T -31 included options to supply road salts for Year II and Year III of the contract. The Niagara Regional Public Purchasing Committee has reviewed the tender and pricing and has recommended that the contract by awarded to Year I of the tender. The salt price for the 2011/2012 winter season will be $60.89 per tonne. Recent winter weather patterns have placed higher demand on the supply of road salt thus resulting in a higher unit price. October 24, 2011 FINANCIAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT LIST OF ATTACHMENTS None Recommended by: Approved by: T. Mussari -2- MW -2011 -43 The order will be placed by the Supplies and Services Division and the supplier will invoice the City upon delivery. Due to the limited storage capacity for this material at the Service Centre we will order material on an as- needed basis. The 2012 Operating Budget includes an anticipated expenditure of $475,000 for the purchase of Sand and Salt material. To date, we have spent approximately $559,000 or 39% over budget. This was due to the unpredictable weather conditions we experienced last winter. We currently have 50 tonnes of Salt and 100 tonnes of Sand in stock, but this stock pile may not be sufficient to cover the months of November and December. It is anticipated that an order will be placed before the end of this year. The impact of this purchase will be realized in the 2012 Operating Budget however authorization to purchase up to 6,000 tonnes at this quoted price is needed now in order to prepare for the onset of winter conditions. This purchase meets the intent of Council's priority to continue to monitor and improve the efficiency of the organization. Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer NiagaraJq0 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works Department MW- 2011 -30 Municipal Backflow Prevention Program MW- 2011 -30 October 24, 2011 That staff be directed to conduct a risk assessment of all commercial, industrial and institutional properties connected to the municipal water distribution system and report back to Council with recommended measures needed to protect drinking water users from adverse impacts caused by backflow from private side connections. Through Ministry of the Environment Inspection reports and Drinking Water Quality Management System Risk Assessments, backflow has been identified as a significant risk to the drinking water system. Currently, the City does not have a program or by -law in place that would require property owners to install and maintain a backflow prevention device. Backflow, can be described as reversal of flow in the drinking water system. There are two types of backflow, • backsiphonnage, and • backpressure. Backsiphonnage: Where the Municipal supply pressure is less than that of the building it is supplying. The low Municipal pressure could create suction from the private side, drawing water from private plumbing. For example, if a watermain break were to occur near a commercial waterpark or high rise hotel. If adequate backflow protection is not in place the potential exists for untreated water to be drawn (siphoned) back into the City system. Backpressure: Where private plumbing operates at a higher pressure than the distribution system, forcing contaminates into the distribution system. For example, if a watermain break were to occur near a commercial car wash. If adequate backflow protection is not in place the potential exists for soap and other cleaning fluids to be pushed back into the municipal distribution system. October 24, 2011 ANALYSIS AND RATIONALE - MW- 2011 -30 Currently, a backflow prevention device is required under the Ontario Building Code (OBC) where a potential cross connection has been identified. However, the OBC does not give power to any inspector to ensure the backflow prevention device is in working order following initial installation. There is no Provincial legislation that requires the annual testing and maintenance of a backflow prevention device. Additionally, all construction completed prior to the 2006 OBC amendments may not have a backflow prevention device. More than 40 backflow incidents have occurred in Canada since 1983. The most publicized incident in Ontario took place in Stratford, in 2005. Where a carwash cleaning agent was pumped into the drinking water system, 30,000 people were affect and 19 needed to seek medical attention. This carwash did have a backflow prevention device, but it had not been maintained nor inspected. This incident cost the City of Stratford over $100,000 in Staff overtime costs. Other Municipalities around the Province have created backflow prevention programs with appropriate by -laws including; Barrie, Cambridge, Hamilton, Halton Region, Guelph, Stratford, Toronto and Waterloo. Locally, St. Catharines, Grimsby and Lincoln all have programs and by -laws in place. The aforementioned Municipalities are using a standard created by the Canadian Standards Association entitled: B64.10- 07- B64.10.1 -07 Selection and installation of backflow pre venters /Maintenance and field testing of backflow pre venters. This standard is being used as a method of categorizing the risk to the drinking water system based on building type. Staff would use this standard as a starting point as to which properties would be protected first. The creation of a backflow prevention program and by -law, which would protect the City's drinking water system from severe hazard facilities at a minimum has been identified as a best practice by the Ministry of the Environment in three consecutive inspection reports. Staff feels going beyond the suggested minimum, to include moderate hazard facilities as well, would provide better protection of the drinking water system. To date, Staff has been waiting for Ministry guidance and regulatory framework prior to the creation of a program. Thus, insuring any City program would meet Provincial requirements. On January 1, 2013, section 19 of the Safe Drinking Water Act, 2002 comes into force. Section 19, entitled Standard of Care, states that, "each person with decision making authority over the drinking water system shall exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system." The above refers to "each person with decision making authority ", this includes Mayor, Council and all levels of staff. October 24, 2011 STAFFING IMPLICATIONS -3- MW-2011-30 Staff is not optimistic that the Provincial regulatory framework guiding backflow prevention programs will be enacted prior to January 1, 2013., however, given that the City has been encouraged to create a backflow prevention program as a best management practice initiative by the Ministry of the Environment, staff feel that by conducting a risk assessment we can better understand what actions would be needed to reduce the risk and liability in the event of a backflow incident. Environmental Services staff are qualified to aid stakeholders during the implementation process. Technical support and advice can be provided during the process. FINANCIAL /LEGAL IMPLICATIONS Financial implications will vary from property to property. At a minimum there will be a cost to the property owner to have the backflow device inspected annually. Other costs may include, backflow prevention device purchase and installation, if not already installed. In the event of a backflow incident, the City could be charged with violation of the Safe Drinking Water Act, 2002 and would be subject to the fines and penalties as described in the Act. CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations and enhance community safety. ATTACHMENTS 1. CSA B64.10.07 Guide to degree of hazard - Premise Recommended by: Respectfully submitted: J Sticca Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer CSA B64.10.07 Guide to degree of hazard - Premise Airport Moderate Animal feed lot Moderate to severe Animal stock yard Moderate to severe Apartment building Moderate Aquaculture farm Severe Aquarium (public) Severe Arena Moderate Asphalt plant Severe Auto body shop Severe Auto dealership Moderate Automotive repair Severe Automotive repair shop Severe Beverage processing plant Severe (includes distillery and brewery) Blood clinic Severe Campsite Moderate Campsite with RV hook -ups or dump- stations Severe Carwash Severe Chemical plant Severe Church Minor to moderate Commercial premises Moderate to severe Concrete plant Severe Dental office Moderate Dental surgery facility Severe Dock and marine facility Severe Dry cleaning plant Severe Duplex housing with shared service Minor Dye plant Severe Exhibition ground Severe Farm Moderate to severe Film processing facility Severe Fire station Moderate to severe Fish farms or hatchery Severe Food processing plant Severe Fuel dispensing facility Moderate Funeral home Moderate to severe Garbage transfer facility Severe Golf course Moderate to severe Grocer Moderate Hair salon Moderate Hospital Severe Hotel Moderate Industrial and institutional premises Moderate to severe Kennel Moderate Laboratory Severe Laundry (commercial) Severe Laundry (commercial, coin - operated) Moderate Manufacturing plant (not specified) Moderate Marina (pleasure -boat) Moderate to severe Meat packing plant Severe Medical clinic (non surgical) Moderate Medical clinic (surgical) Severe Milk processing plant Severe Mining facility Severe Mobile home park Moderate Mortuary or morgue Severe Motel Moderate Motorcycle repair facility Severe Nursing home Moderate Oil refinery Severe Paint manufacturing plant Severe Penitentiary Moderate Petroleum processing or storage facility Severe Pharmaceutical manufacturing facility Severe Photo processing facility Severe Plants using radioactive material Severe Plastic manufacturing plant Severe Plating shop Severe Poultry farm Severe Power generating facility Severe Premises where access is prohibited Severe Printing plant Severe Pulp and /or paper plant Severe Radiator shop Severe Recycling facility Severe Refinery, petroleum processing Severe Rendering facility Severe Research building Severe Residential premises Minor Restaurant Moderate School (elementary, junior high, and senior high) Moderate Sewage dump station Severe Sewage treatment plant Severe Steel manufacturing plant Severe Swimming pool facility Moderate Townhouse (shared services) Minor University Moderate to severe Veterinary clinic Moderate to severe Waste disposal plant Moderate to severe Wastewater facility Severe Wastewater pump station Severe Wastewater treatment plant Severe Water filling station Severe Water park Moderate Water treatment plant Severe Water treatment pump station Severe Zoo Severe Information taken from CSA standard B64.10- 07- B64.10.1 -07 SUBJECT: Niagaraaalls REPORT TO: SUBMITTED BY: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -40 All Saints Cemetery Maintenance Agreement MW- 2011 -40 October 24, 2011 That the Mayor and Clerk be authorized to execute the Maintenance Agreement for the All Saints Church and Cemetery property. Council was approached in November, 2010 by the Anglican Diocese of Niagara requesting that the City consider taking over the ownership of the cemetery adjoining the All Saints Church at 5680 Robinson Street. The church was established in 1854 and was disestablished in 2004. The church and property is recognized by a Heritage Designation through By -law #2008 -111, passed by City Council in 2008. City Staff and the Anglican Diocese have been in discussions the past several months and, as a result, have determined that the parties enter into an agreement whereby the City takes over the maintenance of the cemetery grounds and front landscaping until a decision can be made regarding the final purchase of the church and cemetery. The primary purpose of this engagement is to reserve a first right of refusal should the City decide it will require ownership of this property. The City contracts out the grass cutting at eleven (11) of the abandoned /pioneer /church cemeteries, as well as a dedicated attendant for a higher level of service, six months of the year, at the Drummond Hill Cemetery. The 2011 contract budget for all cemetery grass cutting is $33,500. The All Saints cemetery is a small parcel of land (1.5 acres) at the side and behind the church. The cost to maintain the cemetery is established at $1500.00 per year for grass cutting, shrub bed maintenance and general maintenance. This amount will be fully recovered from the Diocese under the terms of this Agreement. Cemetery Services is currently conducting a Service Delivery Review. A Cemetery Business Plan will be conducted in 2012, with one component focussing on opportunities for revenue generation. At that time Staff will explore the feasability of taking ownership of the All Saints Church and Cemetery. October 24, 2011 In the meantime a Maintenance Agreement between the City and the Anglican Diocese allows for the continued grounds maintenance and beautification, until a decision to purchase the church and cemetery is made. FINANCIAL IMPLICATIONS The Anglican Diocese has agreed to pay the City $1,500 for the duration of this Maintenance Agreement, for the grass and shrub bed maintenance of the All Saints property. Further, the Anglican Diocese has agreed to continue to be responsible for the maintenance, repair and restoration of all monuments. As a result there will be no additional costs to the City for the upkeep of the All Saints cemetery grounds. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with Council's Strategic Priorities to enhance financial stability by en suring efficient and effective delivery of core services. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Geoff Holman - 2 - MW- 2011 -40 Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer Metric Scale 1:800 6214 -6218 All Saints - 5680 Robinson St 2006 Aerial Photography KKy�, -6245 '�`...:. ilcusraoi6iYtMv ."_•- -- 5685 5655. 6257 4560, 5595 . 6 t 5592 City of N.i" Oty) exp ' o the .ta The ' - i ngs al lay. gs For .on, Kahle for ' tal, the use of may be ted 4aATtx.♦ All Saints Church and Cemetery NiagaraFalls October 24, 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 - 77 Matters Arising from Municipal Heritage Committee RECOMMENDATION PD- 2011 -77 That Council approve the grant for the designated property known as Old St. John's Heritage Columbarium, 3428 Portage Road, trustees Old St. John's Heritage Association, for the cost of restoring the cedar shake roof. EXECUTIVE SUMMARY At the October 3, 2011 meeting of the Municipal Heritage Committee, the following motions were adopted: That the Committee supports the grant application for Old St. John's Heritage Columbarium to a maximum of $3,000 with the exception that the cedar shake roof be the only item in the grant application as the exterior painting costs had been the subject of a previous grant application in 2004 . BACKGROUND The Municipal Heritage Committee met on October 3, 2011 to consider a Designated Property Grant application for Old St. John's Heritage Columbarium. The Committee was supportive of the application. 1. Designated Property Grant Application 3428 Portage Road, the Old St. John's Heritage Columbarium An application was received from the trustees of the above noted property for the restoration of the cedar shake roof and also the painting of the exterior of the tower and the wooden buttresses. The application as received included the restoration of the roof as well as exterior painting. As the painting had been the subject of a previous grant application in 2004, it was the Committee's recommendation that this item be excluded from this application. The proposed roof restoration will assist in preserving the original interior and the exterior of the church. The Municipal Heritage Committee supports this restoration project, as amended. The grant October 24, 2011 - 2 - PD- 2011 -77 FINANCIAL IMPLICATIONS The 2011 Budget allocates $9,000 to the Municipal Heritage Designated Property Grants. This project represents, if used to the maximum, all of the funds allocated in the current budget year. LIST OF ATTACHMENTS ► None. Recommended by: Respectfully submitted: P.Boyle:mb guidelines state that two- thirds of the eligible costs of a project to a maximum of $3,000 will be paid to an owner. The roof restoration cost is $50,870. Grant guidelines cap the amount of eligible costs at $3,000. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application, with the exception of the exterior painting of the building, for two - thirds of the cost to a maximum of $3,000 for the restoration of the cedar shake roof." Alex Herlovitch, Director of Planning, Building & Development S: \PDR \2011 \PD - 2011 -77, Matters Arising from MI Ken Todd, Chief Administrative Officer Niagara October 24, 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 -78 26CD -11- 2007 -04 Modification to a Draft Approved Plan of Vacant Land Condominium 2700 Mewburn Road Owner: Klein Building Company Limited RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal PD- 2011 -78 1. That the Draft Approved Plan of Vacant Land Condominium for 2700 Mewburn Road be modified subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved ". 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. 5. That Council determine by resolution that the changes to the Draft Approved Plan of Vacant Land Condominium are minor and no further public notice is required. The applicant has requested modifications to the Draft Approved Plan of Vacant Land Condominium for 2700 Mewburn Road to provide for the development of the property with12 detached and 4 semi - detached dwellings (20 units in total) instead of 26 townhouse dwelling units. A resolution of Council is needed to confirm that Council has determined the requested modifications are minor and can be supported without further public notice. The revised Conditions of Draft Plan Approval are listed in Appendix 1 attached to the report. In 2007, Council granted draft approval to a Plan of Vacant Land Condominium for a 26 unit townhouse development on a 0.979 hectare (2.419 acre) parcel located on the east side of Mewburn Road (see Schedule 1). In 2010, Council extended draft approval for one year. Earlier this year the City's Committee of Adjustment approved an application (A- 2011 -017) to vary the permitted use of the property from 26 townhouse units to 12 October 24, 2011 detached dwellings and 4 semi - detached dwellings (8- units) having a total of 20 units. The applicant is now requesting modifications to draft approval of the Plan of Vacant Land Condominium to create 20 vacant units for the future construction of detached and semi- detached dwelling units - 14 units with access from a private driveway and 6 units with direct access to Mewburn Road. The proposed plan is illustrated on Schedule 2. The plan of condominium will permit the individual ownership of each unit of land in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Surrounding Land Uses The property is bounded by a condominium townhouse development to the north, detached dwellings to the east and south, and vacant land (intended for future residential and commercial development) to the west. Planning Process Conditions of Approval - 2 - PD 2011 - 78 In 2007, Council draft approved a Plan of Vacant Land Condominium to permit the land to be divided into 26 units of land to permit individual ownership of each townhouse dwelling unit. A one year extension to draft approval was granted last year. Earlier this year the Committee of Adjustment granted a minor variance application (A- 2011 -017) to permit the property to be used for 12 detached dwellings and 4 semi - detached dwellings. None of the zone changes or plan of condominium have ever been appealed by the public. Area residents were made aware of the latest changes to the plan of condominium through the recent application to the Committee of Adjustment. The proposed development is very similar to the original plan in its layout, with units fronting onto Mewburn Road and a T- shaped internal driveway, as well as similar setbacks from property lines. The requested modifications are relatively minor. Council should determine through resolution that the changes in Draft Plan of Condominium are minor and no further public notice is required. The vacant land condominium process divides property into "units" of land which are sold much like Tots or blocks in a typical plan of subdivision with Building Permits being issued for each dwelling unit. Issues that are typically addressed through site plan approval are addressed in the Conditions of Approval for the Vacant Land Condominium. Matters to be addressed through the previous conditions of condominium approval including servicing, grading /drainage, the private driveway, lighting, landscaping /fencing, fire access route, payment of cash -in -lieu of parkland dedication, construction of noise attenuation measures and warning clauses to address potential QEW noise impacts, the design of the internal driveway to meet Regional access requirements for waste collection vehicles, mail delivery and phone service are still appropriate. The change in plan requires modification to 3 conditions in the current list and the addition of 2 new conditions. Condition 1 is modified to reflect the proposed 20 unit development shown in Schedule 2. Condition 11 is modified to indicate how the developer must demonstrate conditions have been fulfilled including zoning. Condition 15 has been modified to require specific wording for the warning clause to be included in the condominium agreement and any sales agreement regarding garbage collection. Two new conditions of approval are included. Condition 9 addresses the planting of boulevard trees. Condition 10 has been added to address the payment of development charges in accordance with current policy. October 24, 2011 LIST OF ATTACHMENTS - 3 - PD- 2011 -78 ► Appendix 1 - Conditions of Draft Plan of Vacant Land Condominium Approval ► Schedule 1 - Location Map • Schedule 2 - Site Plan Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken `Todd, Chief Administrative Officer AB:mb Attach. S: \PDR\2011 \PD- 2011 -78, 26CD -11- 2007 -04, 2700 Mewburn Rd, Draft Plan of Vacant Land Condominium.wpd October 24, 2011 - 4 - PD- 2011 -78 APPENDIX 1 Conditions of Draft Plan of Vacant Land Condominium Approval Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated August 31, 2011 showing vacant land units for 20 units as well as common element areas for a private driveway, visitor parking and landscaping. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lighting, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer submit servicing plans indicating driveway dimensions and the location of fire hydrant(s) to the satisfaction of Fire Services. 6. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 7 The developer pay the City cash -in -lieu of 5% parkland dedication. 8. The developer submit a landscaping and fencing plan for the review and approval of the City including the streetscape treatment along Mewburn Road and the design details and locations of any garbage enclosures. 9. The developer provide boulevard trees along Mewburn Road in accordance with City policy. 10. The developer pay the applicable development charges in place at the time of the Condominium Subdivision Agreement execution and Building Permit issuance in accordance with By -law No. 2009 -120, as amended. 11. The developer provide five copies of the pre- registration plan to Planning, Building & Development and a letter stating how all conditions imposed have been or are to be fulfilled, along with any necessary information to confirm compliance with the zoning by -law. 12. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to October 24, 2011 - 5 - PD- 2011 -78 and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 13. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 14. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 15. The developer comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW2.W07) and enter into an Indemnity Agreement with the Region to the satisfaction of the Regional Niagara Public Works Department. Should waste collection be private, a clause be included in the condominium agreement and all Agreements of Purchase and Sale or Lease for each unit that advises waste collection for the development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided bty the condominium corporation through a private contractor. 16. The following noise mitigation measures be implemented for the development: a) The dwelling units be constructed with double glazed windows and central air conditioning. b) The following warning clauses be registered on title and included in all offers of purchase and sale: "Purchasers are advised that sound levels due to increasing highway traffic may occasionally interfere with some activities of the dwelling occupants." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria." October 24, 2011 Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - 6 - PD- 2011 -78 Bell Canada for Condition 12 Canada Post for Conditions 13 & 14 Regional Niagara Public Works Department for Conditions 15 & 16 October 24, 2011 - 7 - SCHEDULE 1 PD-2011-78 Modification of Draft Plan Approval Draft Plan of Vacant Land Condominium 2700 Mewburn Road File: 26CD-11-2007-04 Subject Land Location Map ._„ October 2011 October 24, 2011 - 8 - PD- 2011 -78 SCHEDULE 2 COLUMN 1 HIGHWAY First Reading: October 24, 2011 Second Reading: October 24, 2011 Third Reading: October 24, 2011 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 . - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1 . By - IaNA No. 89 -2000. as amended. is hereby further amended by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC Preston Avenue & Thorton Street Eastbound on Thorton Street This By -law shall come into force when the appropriate signs are installed. Passed this twenty- fourth day of October, 2011. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By-law No. 2011 - A by -law to amend the description of part of a highway previously closed by By -law No. 2009 -81 of the Corporation of the City of Niagara Falls. WHEREAS Section 11 of the _ Vlzrnicipal Act, 2001. provides, in part. that the council of every municipality may pass by- laws in respect to a highway; AND WHEREAS By-law 2009 -81 of The Corporation of the City of Niagara Falls was passed May 25. 2009 to permanently close a section of the local highway know as Pew Street: AND WHEREAS it is the intention of The Corporation of the City of Niagara Falls to convey a portion of Pew Street closed by By -law No. 2009 -81: AND WHEREAS the purpose of this by -law is to amend section 1 of By -law No. 2009 -81 so that the description of the section of the local highway that is known as Pew Street Plan 96 that was closed by By -law No. 2009 -81 will include a reference to Part Township Lot 141 Stamford as in BL 107 being Pew Street: AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITN OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2009 -81 be amended to read Pew Street Plan 96: Part Township Lot 141 Stamford as in BL107 being Pew Street: in the City of Niagara Falls. in the Regional Municipality of Niagara. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty- fourth day of October, 2011. BILL MATSON. ACTING CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: October 24. 2011. October 24, 2011. October 24. 2011. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of a Maintenance Agreement with The Synod of the Diocese of Niagara, respecting the maintenance of the cemetery lands located at the All Saint's Anglican Church on Robinson Street in Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Maintenance Agreement dated August, 2011 and made between The Synod of the Diocese of Niagara as Owner and The Corporation of the City of Niagara Falls as City. respecting the ongoing lawn and landscaping maintenance of the cemetery lands located at the All Saint's Anglican Church. 5680 Robinson Street. Niagara Falls. as attached hereto. is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Maintenance Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Maintenance Agreement. Passed this twenty -fourth day of October. 2011. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 24, 2011 October 24, 2011 October 24, 2011 THIS MAINTENANCE AGREEMENT made this day of August, 2011. BETWEEN: 1. Grant 2. Term and Fee THE SYNOD OF THE DIOCESE OF NIAGARA Hereinafter referred to as the "Owner "; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Owner is the registered owner of the lands and premises municipally known as All Saint's Anglican Church and Cemetery, 5680 Robinson Street, Niagara Falls. and more particularly described in Schedule "A" attached hereto (the "Lands "); AND WHEREAS the Owner desires to have the City maintain the cemetery portion of the Lands. including the front lawn and driveway (the "Cemetery Lands "), as shown outlined on the sketch attached hereto as Schedule `B "; AND WHEREAS the City and the Owner have agreed to enter into this Maintenance Agreement (the "Agreement ") in respect of the rights and obligations of the parties hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1.1 The Owner grants to the City, and the City accepts, an exclusive right of entry upon the Lands for ongoing lawn and landscaping maintenance of the Cemetery Lands, at the City's sole cost and expense. 2.1 The initial term of this Agreement (the "Initial Term ") shall be for a period of approximately ten months commencing on the 6 day of June, 2011 (the "Commencement Date ") and terminating on the 31' day of March, 2012. 3. Terms and Conditions 4. Right of First Refusal -2- 2.2 This Agreement will automatically renew for successive terms of one year each (the '`Renewal Term ") unless written notice of termination is provided by either party to the other at least 60 days prior to the expiration of the Initial Term or any Renewal Term, as the case may be. in which case this Agreement will expire on the expiration date of the Initial Term or the Renewal Terns, as the case may be. 2.3 The Owner shall pay to the City, an annual fee in the amount of ONE THOUSAND AND FIVE HUNDRED DOLLARS ($1,500.00) plus HST, payable on the Commencement Date and on each anniversary of the Commencement Date. 3.1 The City acknowledges and agrees that it will maintain the Cemetery Lands in accordance with the City's Cemetery Maintenance Standards. 3.2 (1) The Owner acknowledges and agrees that it shall continue to be responsible for the operation and maintenance of the church building situate on the Lands. (2) The Owner further acknowledges and agrees that it shall continue to be responsible for the maintenance, repair and restoration of all monuments on the Cemetery Lands and shall diligently undertake such maintenance. repair and restoration at its own cost and expense. 3.3 The City acknowledges and agrees that the Owner shall have the right to install and maintain services. utilities or uses on, in, under or over the Cemetery Lands. 3.4 The City acknowledges and agrees that it shall undertake a Feasibility Study with respect to the potential purchase of the Lands by the City and shall further provide the Owner with written notification of the City's position with respect to such potential purchase. 3.5 In the event that the City does elect to purchase the Lands as set out above, the Owner shall immediately undertake whatever steps are required in order to: (a) Deconsecrate the church building and Cemetery Lands located on the Lands; and (b) Obtain approval from The Cemeteries Regulation Unit in Toronto, Ontario, for the transfer of the Lands to the City. 4.1 Provided that the City is not in default under the terms of this Agreement, the City shall have the continuous right of first refusal (the "Right of First Refusal ") to purchase the Lands as follows: -3- (a) In the event that, at any time and from time to time during the Initial Term or Renewal Term, the Owner receives a bona fide offer for the purchase of the Lands which is acceptable to the Owner in all respects (the "Acceptable Offer "), the Owner shall give the City notice of the Acceptable Offer, together with a true and complete copy of the Acceptable Offer (provided that the name of the purposed purchaser may be deleted). An Acceptable Offer shall provide that the purchase price thereunder shall be payable in cash or a combination of cash and mortgage. An agreement of purchase and sale that is conditional on the City not exercising this Right of First Refusal shall be deemed to be an Acceptable Offer. The Owner agrees that the City shall have the prior right to elect to purchase the Lands for the price and on the terms and conditions contained in the Acceptable Offer, which right may be exercised at any time within three business days following receipt of such written notice of the Acceptable Offer by written notice of such exercise given to the Owner; (b) If the City does so elect, the notice given by it shall constitute a binding agreement of purchase and sale; (c) if the City does not so elect. the Owner shall be free to sell the Lands on the terms and conditions set forth in the Acceptable Offer and subject to this Agreement, and this Right of First Refusal shall be of no further force and effect. If such Acceptable Offer is not completed, this Right of First Refusal shall remain in force for any subsequent Acceptable Offer; and (d) The Owner covenants and agrees not to sell the Lands unless the Owner has first complied with the terms hereof. The Owner shall be entitled to transfer the Lands to any affiliated corporation without triggering this Right of First Refusal. 5. Liability and Insurance 5.1 The City agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would have not have happened but for this Agreement or anything done or maintained by the City thereunder or intended so to be and the City shall at all times indemnify and save harmless the Owner, its officers, employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings. costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Agreement or anything done or maintained hereunder. 5.2 The City agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the solicitor for the Owner, protecting and indemnifying the City and the Owner, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Lands with all inclusive coverage of not less than Five Million Dollars ($5,000,000.00). such policy to include the Owner as an additional insured and to be endorsed to include the contractual obligation of the City to the Owner under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the Owner thirty (30) days prior written notice. The Owner may, in its sole discretion acting reasonably, require the City to raise the minimum amount of coverage and shall so advise the City in writing, who then shall immediately increase the minimum coverage and deliver to the Owner within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the solicitor for the Owner, showing the amended coverage. Failure of the City to comply with this provision shall constitute a breach of this Agreement and shall entitle the Owner to terminate hereunder. -4- 5.3 The City shall furnish the Owner with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the solicitor for the Owner, prior to the commencement of this Agreement in accordance with the provisions of this Agreement and at each insurance renewal date. 6. Termination 6.1 The City may, without liability, terminate this Agreement during. the Initial Term or any Renewal Term, immediately on notice to the Owner. Where the City is in default of any provisions of this Agreement, the Owner may terminate this Agreement on 30 days' notice to the City, unless the City has cured such default within such 30 day period, or is in the process of curing such default within such 30 day period, and thereafter diligently cures such default. 7. Arbitration and Mediation 7.1 Despite anything contained in this Agreement to the contrary, in the event that a dispute or difference arises with respect to this Agreement that cannot be resolved by negotiation between the parties and the parties agree that they do not wish to terminate this Agreement, then in such event the parties agree to use the services of a single, experienced, qualified mediator to attempt to resolve their dispute or difference, or failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the "Rules of Procedure for the Conduct of Mediating" of the ADD Institute of Ontario. 72 In the event that mediation does not result in a resolution of the dispute or difference and the parties agree that they do not wish to terminate this Agreement, then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be agreed upon, the arbitration will be conducted by a single, qualified, experienced arbitrator, in accordance with the "Rules of Procedure for the Conduct of Arbitrations" of the ADD -5- Institute of Ontario pursuant to the Arbitration Act, 1991 (Ontario). 8. Notices 8.1 Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail. by fax or be prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. 8.2 Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. 8.3 Notice shall be given to the Owner at: The Synod of the Diocese of Niagara Anglican Church of Canada Cathedral Place 252 James Street N. Hamilton, Ontario L8R 2L3 Attention: The Venerable Michael Patterson, Executive Office Telephone No. Facsimile No. and to the City at: (905) 527 -1316 (905) 527 -1281 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Legal Services Telephone No. Fax No. 9. Headings 9.1 The headings in this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions of this Agreement. 10. Time of the Essence 10.1 Time is of the essence of this Agreement and all provisions of it. 11. Governing Law 11.1 This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario. 12. Entire Agreement 12.1 This Agreement embodies the entire agreement of the parties with regard to the matters herein, and no other agreement shall be deemed to exist except as entered into in writing by both parties to this Agreement. 13. Assignment (905) 356 -7521 (905) 371 -2892 -6- 13.1 The Owner shall not assign this Agreement or any part of it and may not employ or retain anyone as a subcontractor or otherwise, to perform any part of its obligations under this Agreement without in each instance obtaining the prior written consent of the City, which consent may be unreasonably withheld. The City shall have the right, at its election, to assign this Agreement to any person, firm or corporation. 14. Enurement 14.1 This Agreement shall enure to the benefit of and be binding on the parties and their respective successors and assigns. 15. Partial Severability 15.1 If any part of this Agreement is held or rendered invalid or illegal, the remainder of this Agreement continues to apply. 16. Counterparts -7- 16.1 This Agreement may be executed in any number of counterparts and all such counterparts shall for all purposes constitute one agreement binding on the parties, notwithstanding that not all parties are signatories to the same counterpart. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE SYNOD OF THE DIOCESE OF NIAGARA THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: James M. Diodati, Mayor Dean Iorfida, City Clerk SCHEDULE "A" Part of Lot 2. South Side of Robinson Street, Plan 653, abstracted as Block 27, Village of Niagara Falls, surface only, as in Instrument Number NF58332; Part of Lot 3, South Side of Robinson Street, Plan 653, abstracted as Block 27, Village of Niagara Falls, surface only, as in Instrument Number NF58333; subject to Instrument Number RO739234; City of Niagara Falls, Regional Municipality of Niagara, being all of PIN 64350 -0160 (LT). Schedule .,B" Al! Saints Anglican Church and :eintery - 5680 Robins Street .�. Ail Sairt Cherc - 5580 Robinson Si Property Parce! 2010 Aerial Photography CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees. agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and that Schedule "C attached hereto shall be inserted in lieu thereof. 2. That By -law 2011- 123 be hereby repealed. Passed this 24th day of October. 2011. BILI, MATSON. ACTING CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: October 24. 2011. October 24. 2011. October 24. 2011. 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Marzenna Carrick Marianne Catherwood Julio Cavaliere Don Ceci Bob Chambers Joe Corradi Bill Crowder Ron Dayton Alex DeGaust Larry Desormeaux Mario Digianni Bob DiGirolamo Larry Downing Tracey Gauthier Kevin Howe Lou Hussey Ensio Ingman Les Jarvis Arnold Larian Norm Leonard David Lewis Ian MacKay John MacLeod John McPherson Alyssa Minicucci Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Dave Timpson Gary Statchura Jana Vermeulen SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2011 - A by -la■ to authorize the payment of $20,636,582.69 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 September 1, 2011 to September 30. 2011. Passed this twenty- fourth day of October 201 1. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 24, 2011 October 24. 2011 October 24, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -laic to adopt, ratify and confirm the actions of City Council at its meeting held on the 24`" day of October, 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 oi'the Council at its meeting held on the 24` day of October. 2011 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted. ratified and confirmed as if they were expressly embodied in this by-law. except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. First Reading: Second Reading: Third Reading: 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 behal lo f 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 twenty- fourth day of October. 2011. BILL MATSON. ACTING CITY CLERK JAMES M. DIODATI, MAYOR October 24, 2011 October 24, 2011 October 24. 2011