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2012/03/27Niagaraa11sC \ 1 t) . COUNCIL MEETING March 27, 2012 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of February 28, 2012 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PLANNING MATTERS Public Meeting 26T -11- 2011 -01 & AM- 2011 -003 Optimist Park Draft Plan of Subdivision (revised) Official Plan Amendment Application (revised) Zoning By -law Amendment Application (revised) Dorchester Road (West Side) North of Morrison Street Owner: River Realty Development (1976) Inc. Background Material: Recommendation Report: PD- 2012 -22 -AND- Correspondence from Stephanie Rozon 2 Public Meeting AM- 2011 -016, Zoning By -law Amendment Application 5982 Culp Street Applicant: David Tetrault Agent: Chris Cristelli Proposed Bed and Breakfast Background Material: Recommendation Report: PD- 2012 -24 BUDGET MATTERS The Director of Finance will make a presentation on the status of the operating budget and a debt management strategy. 1. F- 2012 -11 - Debt Management RECREATION & CULTURE MATTERS 1. R &C- 2012 -05 - Gale Centre Update 2. R &C -2012 -08 - Biodegradable Bottles NOTE: There will be deputations related to the item noted above. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Regional Labour Council - requesting Council approve a resolution related to the Canada /European Union Comprehensive Economic and Trade Agreement (CETA). RECOMMENDATION: That Council approve the related AMO resolution. NOTE: Heather Kelley, Vice President of the Niagara Regional Labour Council will speak to this matter. - 3 - 2. Canadian National Autism Foundation - requesting that April 2nd be proclaimed as "Autism Awareness Day" and that a Zink be placed on the City's website. RECOMMENDATION: For the approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2012 -04 - Kinsmen Court Business Park Sign F- 2012 -12 - Municipal Accounts F- 2012 -13 - Annual Statement of Remuneration and Expenses F- 2012 -14 - Monthly Tax Receivables Report MW- 2012 -03 - Weeping Tile Removal Assistance Program (WRAP) Update MW- 2012 -18 - New Chippawa Public Dock Development MW- 2012 -04 - 2012 Boulevard and Winter Restoration Program PD- 2012 -23 - PLC - 2012 -001, Request for Removal of Part Lot Control, Block 42, Plan 59M -251, More Specifically Described as Parts 1 and 2, Plan 59R -_, Pinestone Road, Owner: Nikola & Caroline Matovic PD- 2012 -25 - Matters Arising From Municipal Heritage Committee R &C- 2012 -06 - Skating Aids TS- 2012 -07 - Douglas Street Parking Control Review - 4 - STREET RENAMING BY -LAW The Mayor will request whether there is anyone presentthat has an interest respecting the following: CD- 2012 -03 - Re- naming Northern Portion of Falls Avenue to Blondin Avenue BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -12 A by -law to rename Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and John Street, City of Niagara Falls, as Blondin Avenue. 2012 -13 A by -law to designate Blocks 42, Registered Plan 59M -251, not be subject to part-lot control. (PLC- 2012 -001) 2012 -14 A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling on the Lands in addition to the uses permitted in an R2 zone. (AM- 2011 -012) 2012 -15 A by -law to amend By -law No. 2002 -148, which amended By -law 79 -200, to revise the legal description of the lands. (AM- 2011 -013) 2012 -16 A by -law to amend By -law No. 2009 -84, which amended By -law 79 -200, to revise the legal description of the lands and to adjust the landscaping provision. (AM- 2011 -013) 2012 -17 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Community Safety Zones) 2012 -18 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, Yield Signs at Intersections, Stopping Prohibited, Community Safety Zones) 2012 -19 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2012 -20 A by -law to authorize the payment of $20,636,684.28 for General Purposes. 2012 -21 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of March, 2012. NEW BUSINESS -AP Niagara) alls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -22 March 27, 2012 SUBJECT: PD- 2012 -22 26T -11- 2011 -01 & AM- 2011 -003 Optimist Park Draft Plan of Subdivision (revised) Official Plan Amendment Application (revised) Zoning By -law Amendment Application (revised) Dorchester Road (West Side) North of Morrison Street Owner: River Realty Development (1976) Inc. RECOMMENDATION 1. That Council grant draft plan approval to the Optimist Park Plan of Subdivision as detailed in this report and subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 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 application to amend the Official Plan be approved as detailed in this report. 5. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. 6. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant previously filed applications for an Official Plan amendment, plan of subdivision (for a total of 114 residential lots, a block for 18 on- street townhouse dwellings and a block for commercial development) and Zoning By -law amendment for the majority of Optimist Park. The applications were revised in February 2012 to reflect a redesigned plan of subdivision containing 120 residential lots, a smaller block for commercial development and a new block for a park. The revised plan of subdivision addresses Council's decision to maintain Morrison Street for a future flyover. March 27, 2012 - 2 - PD- 2012 -22 Planning staff support the applications for the following reasons: • The proposed Official Plan amendment is consistent with Provincial Policies and conforms to the general policies of the City's Official Plan; The proposed Zoning By -law amendment conforms with the City's Official Plan and provides appropriate regulations for the development; The proposed street connection with Close Avenue completes a road design which was anticipated when Queensway Gardens subdivision first development. The connection will not have a negative impact on the adjoining neighbourhood to the north; • The proposed Tots accommodate detached dwellings which are compatible with the surrounding neighbourhood to the north; • The proposed commercial block will accommodate a minor rounding out of the Morrison /Dorchester retail district; and • The proposed subdivision conforms to the City's Official Plan with respect to compatibility and maximum density. BACKGROUND Proposal Council considered these applications previously at its July 18, 2011 meeting. At that time, it was decided that the applications should be deferred until a decision was made with respect to the Sustainable Transportation Master Plan (STMP). The STMP was adopted by Council on October 24, 2011 and recommended that the unopened portion of Morrison Street be retained by the City for the possibility of a future flyover over the Q.E.W. This has required the applicant to redesign the proposed plan of subdivision to exclude the unopened portion of Morrison Street. The revised plan of subdivision consists of 120 lots for single detached dwellings and a 2.1 hectares (5.2 acres) block (Block 122) for commercial development. There are no longer any townhouse dwellings proposed and a 0.4 hectare (1.0 acre) block (Block 123) has been included for parkland. The requested Official Plan amendment would apply the Residential designation to the 120 Tots and Major Commercial designation to Block 122. Block 123 is proposed to be designated Open Space. The proposed commercial block would add approximately 4,645 square metres (50,000 square feet) of floor space to the node. Requested policies would limit the amount of gross leasable floor area on the commercial lands: 1,114.8 square metres (12,000 square feet) per unit for any building fronting onto Dorchester Road and 464.5 square metres (5,000 square feet) per unit for any building fronting onto Morrison Street. The limitations are intended to insure that complimentary uses will develop rather than ones that would compete with the large format retail stores to the south. March 27, 2012 - 3 - PD- 2012 -22 The Zoning By -law amendment application requests to rezone Lots 1 -120 to a site - specific R1E zone. The R1E zone would have site specific provisions for reduced minimum lot area, reduced minimum lot frontage, reduced minimum side yard width, reduced minimum rear yard for Lots 34, 35 and 36, increased maximum lot coverage and establish a requirement for attached garages. The requested standards are similar to those applied to similar sized lots in other parts of the City. A site specific GC zone is requested for Block 122 that would have reduced front yard depth, provide limits for the maximum amount of gross leasable retail floor area and the size of the commercial units. Block 123 would be rezoned to a site - specific Open Space (OS) for reduced lot frontage, reduced lot area, and frontage on an unopened road. Surrounding Land Uses The subject lands are known as Optimist Park (4907 Dorchester Road). To the north of the subject lands are existing residential subdivisions (single detached and semi detached dwellings), that would be connected with the proposed subdivision by Close Avenue. To the east and south are a variety of commercial uses (Zehrs, Home Depot, former Walmart and other smaller retail stores). The subject lands are bordered on the west by the Q.E.W. The Optimist Club will retain 0.976 hectares (2.41 acres) of land for their use, which is not part of the subdivision. The subject lands are adjacent to the Morrison - Dorchester retail district, which is to function as a Sub - Regional shopping district and be comprised predominantly of large, freestanding retail outlets to provide the municipality with a greater opportunity to recapture outflowing expenditures and alternative commercial shopping for its residents. It is noted that the former Walmart building is expected to be occupied by Target in the near future. Circulation Comments • Ministry of Transportation (MTO) Land -use permits and sign permits will be required for the proposed subdivision. The MTO also requires a 14 metre setback to be established for Tots backing onto the Q.E.W. These matters can be addressed through conditions of draft approval and the Zoning By -law amendment. • Municipal Works Department Notes that the draft plan of subdivision is an improvement over previous plans. It is encouraged that existing mature trees on the Optimist Club lands continue to be preserved. Does not support accepting Block 123 as parkland as there is already sufficient parkland available for the proposed subdivision. Parkland dedication should be provided as cash -in -lieu. The other matter identified is the need for a pathway to connect Optimist Lane with the lands the Optimist Club intends to retain for park purposes. To address this, the applicant has provided a 2.5 metre wide pathway between Optimist Lane and the Optimist Club lands. March 27, 2012 • Park in the City Committee • • - 4 - PD- 2012 -22 Had previous concerns with the tree preservation plan submitted by the applicant. No new comments were provided. Transportation Services Department Transportation Services is satisfied with the location of Street A. To continue to protect the Morrison Street corridor, a 0.3 metre (1 foot) reserve will be required on both sides of Morrison Street west of Street A. The traffic study submitted with the original application does not have to be updated, however the median on the west approach of Morrison Street at Dorchester Road is to be extended westerly beyond the first proposed commercial access to limit movements to a right in- right -out only. Other access issues to Block 122 can be addressed at the time of Site Plan Control. Transportation Services supports the connection of Optimist Lane with Close Avenue since it provides interconnectivity between subdivisions. To mitigate any concerns about the potential of traffic cutting through the Queensway Gardens subdivision, speed humps are recommended in the Optimist subdivision in accordance with City standards. A condition to address this is included in Appendix A. The Transit Division notes that there are three bus routes that service the area. There will be a requirement for transit bus stops and associated amenities (bush shelters, hard surfaced boulevards, benches and litter containers) on both sides of Morrison Street and Dorchester Road. The cost of these items will be the responsibility of the developer of Block 122. Building Scrviccs No concerns. Fire Department Supports the road pattern west of Street A. Standard conditions are provided to address the Fire Department's requirements with the subdivision. Specific matters for Block 122 can be addressed through the Site Plan Control and Building Permit processes. • Region of Niagara Does not object to the applications, however, the noise study submitted with the application requires updates to consider the impact from the Canadian National Railway and industrial uses on the west side of the Q.E.W. There are several warning clauses to be included in the subdivision agreement. The Region provided conditions of draft approval to address their concerns. March 27, 2012 Neighbourhood Open House - 5 - PD- 2012 -22 A neighbourhood open house held on April 19, 2011 was attended by the applicant and his representatives; members of the Optimist Club; and approximately 30 residents. The residents are concerned that if Close Avenue is opened and extended in the proposed subdivision, there would be an increase in traffic through the existing neighbourhood to the north, creating safety concerns. The residents do not support the connection with Close Avenue. Residents also had issues about stormwater management, maintaining a connection with the Optimist Park, the height of future dwellings that back onto existing dwellings, the future of the unopened portion of Morrison Street, too much commercial land in the area, the locations of entrances to the proposed commercial lands, and dust/noise from construction of the subdivision were also raised. A second open house was held on March 1, 2012. Those in attendance expressed concerns about extra traffic resulting from the connection with Close Avenue. Other concerns raised included site drainage, capacity of the stormwater and sanitary sewers and the increase in traffic congestion at the Morrison /Dorchester intersection. Three letters of objection were submitted by residents outlining concerns with the proposed plan of subdivision. The concerns raised in the letters echoed the concerns noted above and also include parkland dedication, Toss of Optimist Park, traffic congestion on Morrison Street/Dorchester Road, excess housing supply, excess commercial land supply, and reductions to the zone regulations. The Niagara Falls Chamber of Commerce also submitted a letter requesting that the City retain the unopened portion of the Morrison Street road allowance. ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan The applications conform to the Growth Plan and are consistent with the Provincial Policy Statements as follows: • The proposed subdivision promotes efficient urban development and land use patterns; • The proposed subdivision provides for both residential and commercial development; • • The proposed subdivision promotes cost - effective development standards to minimize land consumption and servicing costs; Public infrastructure is available and optimized (including water, sewers, roads and transit facilities) and public services are nearby; The proposed subdivision preserves the option of a Morrison Street flyover over the Q.E.W., thereby promoting an efficient future transportation system; and The proposed subdivision will contribute an additional 1.2 years to the City's short term supply of land through residential intensification, redevelopment and land in draft approved plans. March 27, 2012 2. Official Plan - 6 - PD- 2012 -22 The Official Plan states that privately owned land in the Open Space designation will not necessarily remain so designated indefinitely. The Official Plan designates the subject lands mainly Open Space because of Optimist Park with a small portion designated as Major Commercial since it abuts the Adams Centre. The applicant has requested an Official Plan amendment to redesignate the lands to Residential, in part, Major Commercial, in part, and Open Space, in part. The proposed Residential designation is consistent with the surrounding land uses. Furthermore, the form of housing proposed (single detached dwellings) is consistent with the neighbourhood to the surrounding subdivisions. It is necessary to redesignate the lands to residential to allow residential development. The proposed Major Commercial designation would abut the Residential designation to the north (existing lot) and the proposed Residential designation (to the west). The Zoning By -law amendment will include regulations to ensure compatibility with all surrounding land uses. In addition, since all commercial development is subject to Site Plan Control, appropriate measures (fencing, planting strips, etc.) are required to ensure compatibility with all abutting residential lands. The lands to the south and east are designated Major Commercial. In this case, the proposed Major Commercial designation is a minor rounding out of the existing commercial district. It should be noted that Official Plan Amendment No. 91 eliminated the requirement for market studies, therefore, no market study was submitted with the application. The proposed Major Commercial designation is in an appropriate location given the surrounding land uses, its location at the corner of two arterial roads (good intersection access), its access to public transit, and its proximity to the Morrison /Dorchester retail district and is considered a minor rounding out of the Morrison /Dorchester commercial node. The Major Commercial designation is intended to represent the largest concentrations of commercial space to serve the sub - regional area. The applicant is proposing a maximum of 4,645 square metres (50,000 square feet) of gross leasable floor area, several other sites within the Morrison Dorchester retail district contain less gross leasable floor area. Much of the gross leasable floor area of the district is in the form of large format retail stores, which are to be retained and not converted to smaller format retail stores. The proposed commercial lands will offer smaller retail stores that would compliment the existing retail district. The applicant has proposed a specific Official Plan policy that would provide floor area limits on the individual units within Block 122. Planning staff recommend these restrictions not be included as they are considered unnecessary. Based on the above, Staff considers the applications to conform to the Official Plan as follows: The proposed subdivision is compatible with the surrounding development and has regard to such matters as housing mix, density, building mass, setbacks and building heights; March 27, 2012 - 7 - PD- 2012 -22 The subdivision is coordinated with the pattern of adequate housing providing lots for single detached dwellings next to existing single detached dwellings and continues a road connection that was anticipated more than 50 years ago; • The density of the proposed subdivision is 18.5 units per hectare, which is acceptable for this type of development; The plan makes use of existing water, stormwater and sanitary sewer services; • The area is adequately serviced by schools and public transit; • The plan is consistent with the STMP as it preserves Morrison Street; • The plan contributes to the City's long term supply of residential land and contributes 1.2 years to the City's short term supply of serviced lots and blocks in draft approved plans; and • The plan provides further variety of lot sizes for residential development in the City. 3. Subdivision Design In response to Council's decision to preserve Morrison Street for a future flyover over the Q.E.W., the subdivision has been revised to eliminate the need to purchase the unopened portion of Morrison Street. This has resulted in Optimist Lane terminating in a cul -de -sac at the west end. An additional street (Street B) was added to ensure that Optimist Lane does not contain a cul -de -sac longer than 150 metres This design is supported by the Fire Department and the Transportation Services Department. The revised subdivision plan maintains the connection with Close Avenue at the north end and Morrison Street at the south end. The design of the neighbourhood to the north and the fact that Close Avenue was not ended in a cul -de -sac (the houses at the corner of Close Avenue have driveway access onto Close Avenue) indicates that it was intended to be extended to the south into a subdivision when the lands became available for residential development. This connection was requested by City staff during a preliminary review before the applications were submitted. Integration of this development with the area to the north is necessary to create inclusive neighbourhoods. Also, the Province encourages the creation of complete communities. Prior to the subdivision application being formally submitted, the applicant considered alternatives to the connection with Close Avenue. One alternative was to have Optimist Lane continue east to Dorchester Road. This would result in a new street too close to the existing intersection at Morrison Street and Dorchester Road which could create an unsafe situation. Another alternative was to have a second road extend south from Optimist Lane to Morrison Street. However, this would create emergency access problems if there was a closure on Morrison Street, west of Dorchester Road. These concerns lead Staff to the preferred option to connect the street pattern with Close Avenue. March 27, 2012 - 8 - PD- 2012 -22 The applicant submitted a traffic impact study which supports the connection with Close Avenue and concludes that there would be no adverse impacts to the existing Queensway Neighbourhood. It is good practice for local streets to be interconnected to provide multiple vehicular access routes to all properties within a neighbourhood. The existing Queensway Neighbourhood contains 749 dwelling units that currently have only three access points to Dorchester Road. The proposed subdivision design would provide access to Morrison Street. The Traffic Division has noted that the developer of Block 122 will be required to contribute money towards the installation of transit stops and associated amenities. This can be more appropriately addressed at the time of Site Plan Control. The lots that back onto the Q.E.W. are subject to a 14 metre MTO setback. Previously, Staff had a concern that the depths of lots backing onto the Q.E.W. were too shallow to provide reasonable amenity space if the MTO were to widen the Q.E.W. The applicant has revised the plan to ensure that Lots 37 to 40 are of sufficient depth to afford an additional setback of 7.5 metres from the MTO 14 metre setback. Lots 34, 35 and 36 would have an additional setback of 6 metres from the MTO setback due to their shallower depth. The applicant proposes to dedicate Block 123 as parkland. However, a 15 metre road widening is required for Morrison Street along the north part of Block 123. The remaining portion of Block 123 would represent approximately 2.69 percent of the residential portion of the subdivision. The outstanding 2.31 percent would be taken as cash -in -lieu of parkland. The majority of this land will be needed for the flyover if it is constructed. It is appropriate to take the land now and use the land as an open park/playground area in the interim until Morrison Street is expanded over the Q.E.W. It should also be noted that the Optimist Club intends to maintain a small park with playground equipment on their lands. Although this is private land, the Optimist Club has expressed its desire to keep the park open to the public. A 2.5 metre wide walkway between Optimist Lane and the park is provided to maintain access to the Optimist Park. Previous concerns were raised by the Park in the City Committee about the loss of healthy, mature trees on the Optimist Club lands. The frontage along Morrison Street of Block 122 has now been reduced in size by 31.86 metres (104.5 feet) which results in preserving nearly all the healthy mature trees identified in the tree preservation report. The applicant has submitted a servicing report that details how stormwater management will be handled throughout the subdivision. Stormwater flows will be managed by using in- ground services, which eliminate the need for a stormwater management pond. Stormwater services, as well as water and sanitary service, are proposed to tie into existing services at the end of Morrison Street and Close Avenue. The plan will need to be updated to reflect the new subdivision layout. This can be addressed as a condition of draft approval. Staff support the revised plan as it address concerns previously raised and is compatible with the surrounding area. March 27, 2012 4. Zoning By -law Amendment -9- PD- 2012 -22 The majority of the subject lands are currently zoned Open Space (OS), in keeping with their use as the Optimist Park. Block 123 is zoned Shopping Centre Commercial (SC), in part, and Open Space (OS), in part. The applicant requests the zoning on Lots 1 to 120 to be changed a site specific R1 E zone. The proposed amendments are: The requested residential zone amendments are small deviations from the by -law requirements and are necessary to achieve the Province's mandate of higher densities. The requested standards are similar to the R1F zone provisions which have been accepted in other parts of the City. It should also be noted that the requested residential zone amendments are consistent with regulations proposed in the City's new comprehensive Zoning By -law, which reflect typical standards for small single detached development. The applicant requests Block 122 be rezoned to a site specific GC zone to reduce the required front yard depth and establish a maximum gross retail floor area. The front yard depth would be amended to eliminate the reference to section 4.27.1 (15 metres from the centreline of Morrison Street and 13 metres from the centreline of Dorchester Road). The applicant is also requesting a maximum commercial floor area limit of 1,114.8 square metres (12,000 square feet) per unit be established for any building fronting onto Dorchester Road and 464.5 square metres (5,000 square feet) per unit for any building fronting onto Morrison Street. Planning staff do not consider this restriction necessary as it has the potential to create unnecessary Minor Variances. The amount of commercial floor area will actually be limited by the required parking for the site. Additional amendments are recommended by Planning staff. The first implements the MTO's requirement for a 14 metre (46 feet) setback from the Q.E.W. In addition, a 7.5 metre (25 feet) setback would apply to all Tots backing onto the Existing Provision Proposed Provision Minimum Lot Area Interior Lot: 370 sq. m. Corner Lot: 450 sq. m. Interior Lot: 280 sq. m. Corner Lot: 400 sq. m. Minimum Lot Frontage Interior Lot: 12 m. Corner Lot: 15 m. Interior Lot: 10 m. Corner Lot: 13 m. Minimum Side Yard Width Interior: 1.2 m./1.8 m. Exterior: 4.5 m. Interior: 0.9 m./1.2 m. Exterior: 3 m. Minimum Rear Yard Depth (Lots 34, 35, and 36 7.5 metres 6 metres Maximum Lot Coverage 40% 45% Minimum Number of Attached Garages N/A 1 The requested residential zone amendments are small deviations from the by -law requirements and are necessary to achieve the Province's mandate of higher densities. The requested standards are similar to the R1F zone provisions which have been accepted in other parts of the City. It should also be noted that the requested residential zone amendments are consistent with regulations proposed in the City's new comprehensive Zoning By -law, which reflect typical standards for small single detached development. The applicant requests Block 122 be rezoned to a site specific GC zone to reduce the required front yard depth and establish a maximum gross retail floor area. The front yard depth would be amended to eliminate the reference to section 4.27.1 (15 metres from the centreline of Morrison Street and 13 metres from the centreline of Dorchester Road). The applicant is also requesting a maximum commercial floor area limit of 1,114.8 square metres (12,000 square feet) per unit be established for any building fronting onto Dorchester Road and 464.5 square metres (5,000 square feet) per unit for any building fronting onto Morrison Street. Planning staff do not consider this restriction necessary as it has the potential to create unnecessary Minor Variances. The amount of commercial floor area will actually be limited by the required parking for the site. Additional amendments are recommended by Planning staff. The first implements the MTO's requirement for a 14 metre (46 feet) setback from the Q.E.W. In addition, a 7.5 metre (25 feet) setback would apply to all Tots backing onto the March 27, 2012 -10 - PD- 2012 -22 Q.E.W. with the exception of Lots 34, 35, and 36 which would have a setback 6 metres (20 feet) since its rear lot line is at the 14 metre setback. These should be included in the amending By -law. The reduced lot frontage along Morrison Street of Block 122, no longer makes it necessary to include a requirement for a 3 metre wide planting strip along the west lot line of Block 122, which was previously requested to protect additional trees. A 6 metre wide planting strip will be required along the front lot line and exterior side lot line and a 1.5 metre wide planting strip combined with a solid board on board fence, 1.8 metres in height, will be required along all property lines that abut a residentially zoned property. This would provide buffering for the abutting residential land uses. Finally, there should be a requirement for a minimum of 15% landscaped open space. Block 123 is requested to be zoned OS. Because Block 123 is intended to be used entirely for a future flyover, it would not be appropriate to zone it OS as this may be interpreted as intending for the park to be permanent. Planning staff recommend that the R1 E zone be extended to cover Block 123 as this will permit a municipal park but does not imply that the park is to be permanent. Based on the above, Staff supports the requested Zoning By -law amendment, with the exception of imposing commercial floor area limits for individual units in the proposed GC zone. FINANCIAL IMPLICATIONS The proposed development would generate development charge contributions and tax revenue for the City. CITY'S STRATEGIC COMMITMENT The applications conform to the City's Official Plan with respect to intensification and efficient use of land. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Subdivision Plan ► Appendix A - Conditions of Draft Approval Recommended by: Respectfully submitted: D.Deluce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Kin Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -22, 26T -11- 2011 -01 & AM- 2011 -003, Optimist Park Draft Plan of Subdivision.wpd March 27, 2012 SCHEDULE 1 PD-2012-22 Subject Land 1 iett -< r --Li 3 i. • *If 7—HT T LOCATION MAP 1:4706 rut ME rit re 1-T T1 z 74. Isom sr 1C-7— pc eit III fill • ..- ‘--.4 <.. • i - -r' 7.1.'.* iillc 17 , , . - •• ,,,,..,„„„ ,, .1. , {......t.,: _...:........it--.1.--- , 1 i , , I, l• < 4 ra 2 11. r —„-- pit z itEsrs te Location: 4907 Morlsor Street Applicant: River Realty (1976) irc ocutzsON ST "lb P44.41„ Cifiefr 44,/pigle(ifON romPl Amending the Zoning 5g-law No. 79-200 1 7 I, 8 „---1 , tittwo'sr- Tr AM-2011-003 and 26T-11-2011-01 BORCRETF.R ROAD aL March 27, 2012 - 13 - APPENDIX A Conditions for Draft Plan Approval PD- 2012 -22 1 The Optimist Park Draft Plan of Subdivision prepared by Upper Canada Consultants, dated February 22, 2012, showing 120 Tots for single- detached dwellings, 1 block for commercial development, 1 block for a walkway and 1 block for parkland, be approved. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 5 metre legs at the intersection of Close Avenue and Optimist Lane, Morrison Street and Street A; (c) the tapering of Morrison Street from 4 lanes to 2 lanes; (d) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010, as amended; (f) sump pumps to discharge to the storm sewer; (g) walkway (Block 121) be constructed to municipal requirements; (g) provision of an overland stormwater flow route; (h) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010, as amended; and (i) dedication of a 15 metre road widening along the north portion of Block 123 to the City's satisfaction. 5. The developer remove the existing turning bulb at the end of Morrison Street to the satisfaction of Transportation Services. 6. The developer dedicate to the City a 0.3 metre reserve along the north side of Morrison Street, west of Street A, to the satisfaction of Transportation Services. 7 The developer request that the City remove the 0.3 metre reserve at the end of Close Avenue. 8. The developer construct sidewalks to City standards along one side of Optimist Lane, the east side of Street A, and both sides of Morrison Street connecting to the existing terminuses in accordance with City practices and procedures. 9. The developer provide speed control devices in the subdivision to the satisfaction of the Transportation Services. March 27, 2012 -14 - PD- 2012 -22 10. The developer agree in the subdivision agreement to extend the centre median of Morrison Street on the west approach of Morrison Street at Dorchester Road, beyond the easterly most entrance to Block 122. 11. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 12. The subdivision agreement require the developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 13. That the developer provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into the Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 14. The subdivision agreement require the developer to construct a board on board wood fence, 1.8 metres in height along all portions of Block 122 that abut residentially zoned properties, to the satisfaction of the City. 15. The subdivision agreement require the developer to construct a 1.2 metre high chain link fence along the portion of the Morrison Street road allowance that abuts Lots 12 to 20 (inclusive) and Lots 30 to 34 (inclusive), to the satisfaction of the City. 16. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 17. The portion of Block 123 (not required for future improvements to Morrison Street) be dedicated to the City as parkland. The balance of the 5% parkland dedication shall be provided as cash -in -lieu of parkland. 18. The developer grant the City and Public Utilities any easements required to service the subdivision. 19. The developer contribute funds to provide boulevard trees in accordance with City policy. 20. The developer agree in the subdivision agreement to protect all existing trees within the Morrison Street road allowance. 21. The developer receive final approval from the City of the Official Plan amendment. 22. The developer receive final approval from the City to the Zoning By -law amendment to provide land use regulations to guide the development of the subdivision. 23. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all Tots comply with the Zoning By -law. March 27, 2012 -15 - PD- 2012 -22 24. The developer provide five copies of the pre- registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 25. 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 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). 26. 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. 27. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 28. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities. 29. The developer construct streets in accordance with the composite utility plans noted in condition 28. 30. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 31. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 32. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a stormwater management report indicating the intended treatment of the calculated runoff and the impacts of drainage on the Q.E.W. right -of -way. The developer is required to obtain the appropriate development permits from the Ministry of Transportation. March 27, 2012 -16 - PD- 2012 -22 33. The subdivision agreement between the City and the developer contain the following warning clause for Lots 12 to 21 and Lots 30 to 34: "The developer, and all future owners, include in all offers of purchase and sale, a statement that advises the prospective purchaser that the City has protected the Morrison Street corridor beyond its current road terminus for a potential future overpass across the Queen Elizabeth Way." 34. The developer shall update the Functional Servicing Report, prepared by Upper Canada Consultants, dated March 2011 to the satisfaction of the City. The developer shall agree in the executed subdivision agreement to implement all recommendations of the updated Functional Servicing Report, to the satisfaction of the City. 35. The developer shall update the Tree Preservation Report, prepared by Arborwood Tree Service Inc., dated March 11, 2011 to the satisfaction of the City. 36. The developer shall update the Niagara Falls Optimist Club Subdivision - Traffic Noise Study, prepared by Paradigm Transportation Solutions Ltd., dated February 2011, to the satisfaction of the Regional Municipality of Niagara and the City. The developer shall agree in the executed subdivision agreement to implement all recommendations of the updated Niagara Falls Optimist Club Subdivision - Traffic Noise Study, to the satisfaction of the Regional Municipality of Niagara and the City. 37. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre - servicing will be at the sole risk and responsibility of the owner /developer. 38. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. 39. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Development Services Division for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 40. That prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval under the Transfer Review Program for the sanitary sewer and the storm drainage system to the satisfaction of the Development Services Division. 41. That following completion of the required site remediation, the owners shall file a Record of Site Condition (RSC) on the Ministry of the Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be March 27, 2012 -17 - PD- 2012 -22 provided to the Regional Development Services Division and the City of Niagara Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC. 42. That the owner complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the owner shall ensure that all streets and development blocks can provide a through access. 43. That an updated noise impact assessment prepared and endorsed by a qualified professional engineer assessing potential noise impacts on the development and recommending within the development in accordance with the Ministry of the Environment's noise criteria be submitted to the Development Services Division for review and approval. The updated assessment shall also address: • Any noise impacts from the railway line located approximately 280 metres to the south of the subject lands. The consultant should confirm that the separation distance and intervening development results in noise impacts being acoustically insignificant. Any noise impacts from the nearby existing commercial and industrial uses. 44. That the subdivision agreement contain provisions whereby the Owner /Developer agrees to implement the approved noise control measures in accordance with condition 43 above. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 25 Canada Post for Conditions 26 and 27 Enbridge Gas Distribution Inc. for Conditions 28, 29, 30 and 31 Ministry of Transportation for Condition 32 Regional Municipality of Niagara for Conditions 37 to 44 Ale: Pkanrvnq Scanned Stephanie Rozon 7230 Apollo Crescent Niagara Falls, Ontario L2E 5W3 289 - 296 -2101 Thursday, March 22, 2012 Director of Planning Building & Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 RE: Official Plan and Zoning By -law Amendment Application — File: AM -2011 -003 (Revised) I am writing to express my input in regards to the above amendment application. As a resident of Niagara Falls, I greatly disapprove this proposal. I am writing as a mother, taxpayer, recreational enthusiast, and environmental steward. Block 123 in the proposed application is too close to the QEW and does not allow adequate room for children in our society to play outside and enjoy nature. More residential dwellings and commercial space lowers the value of existing properties in the area and will greatly increase vehicle traffic, both of which are not favourable outcomes. Also, being active in nature helps people develop an appreciation and take ownership for our environment. If we do not step up and take ownership for our environment, soon, there will be nothing left for us to enjoy. My desire for the land at Optimist Park is to invest in the families in our community. Some suggestions include: • Build a family- friendly accessible playground for children of all ages and abilities • Plant community vegetable gardens to encourage self- sufficiency With RibFest, the Canada Day Parade, Air Cadets, and numerous baseball teams, it is evident that Optimist Park is well used and an integral part in our community. To see this amendment pass would be a detriment to our community. Sincerely, Stephanie Rozon RECEIVED MAR 2 2 2012 PLANNING & DEVELOPMENT Niagara&lls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -24 March 27, 2012 SUBJECT: PD- 2012 -24 AM- 2011 -016, Zoning By -law Amendment Application 5982 Culp Street Applicant: David Tetrault Agent: Chris Cristelli Proposed Bed and Breakfast RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the existing single detached dwelling to be used as a tourist home (bed and breakfast) with a maximum of three (3) bedrooms to be used for tourists. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit the existing single detached dwelling on the property to be used as a tourist home (bed and breakfast) with three rooms for tourists. The amendment can be supported because: • the Official Plan permits tourist homes in residential areas where they are compatible with the surrounding neighbourhood; • restricting the tourist home to 3 rooms will keep it at a scale that is compatible with the neighbourhood; • the site is close to services and tourist attractions; • the tourist home is not expected to generate a significant amount of traffic; the site is easily accessed from the City's arterial road network; and using a heritage dwelling as a tourist home can assist in maintaining it. BACKGROUND Proposal A Zoning By -law amendment is requested for 4982 Culp Street which is located on the southeast corner of Culp Street and Orchard Avenue (see Schedule 1). A detached dwelling exists on the 1023 square metre (11,010 square foot) property. The amendment March 27, 2012 - 2 - PD- 2012 -24 is requested to permit the existing dwelling to be used as a tourist home (bed and breakfast) and to permit up to 3 bedrooms to be used for tourists. Schedule 2 shows details of the property. The current Residential Single Family and Two Family (R2) zoning of the property does not permit a tourist home. The applicant is requesting the R2 zoning of the property to be site specifically amended to add a tourist home to the list of permitted uses. In addition, the applicant is requesting site specific relief from the rear and exterior side yard setbacks, building height and parking area regulations to recognize existing yards, the height of the dwelling and a recently enlarged parking area in the exterior side yard. Site Conditions and Surrounding Land Uses The single detached dwelling on the property was constructed in 1875 and is a listed heritage building. The dwelling has a generous interior side yard to the east that is extensively landscaped. The surrounding land uses are primarily single detached dwellings interspersed with several converted dwellings. The property is located a short walking distance from commercial services on Main Street and tourist attractions on Lundy's Lane. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections. The amendment is consistent with Provincial and Regional policies as it provides for tourist and hospitality uses that support strong urban economies. City Clerk A license to operate the tourist home will be required. Building Services A Change of Use Building Permit will be required to convert the dwelling to a tourist home. Fire Services No objections. Fire safety concerns will be addressed through the Building Permit process. Municipal Works, Parks and Recreation, Transportation Services, Legal Services, Niagara Falls Transit No objections. March 27, 2012 Neighbourhood Open House - 3 - PD- 2012 -24 A neighbourhood open house was held on February 13, 2012 to explain the proposal and to answer questions. The applicant, his agent and 7 residents were in attendance. The residents expressed no concerns or objections to the application. One resident received clarification on the nature of the relief required to recognize the existing dwelling. A couple who had recently purchased a nearby house received direction on the process of converting a dwelling into a tourist home. ANALYSIS 1. Official Plan The land is designated Residential in the Official Plan. While dwellings are intended to be the predominant use under this designation, a variety of ancillary uses including bed and breakfast establishments (tourist homes) may also be permitted where they are compatible with the residential environment. Such facilities are to be carefully regulated as to their location, size and traffic generation in order to minimize disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The proposed development complies with the Official Plan as follows: the residential character of the property and the surrounding neighbourhood will be maintained as no significant changes are required to accommodate the change of use; the site is within walking distance of services on Main Street, the Falls and tourist attractions including the Niagara Falls History Museum and Fralick's Tavern on Lundy's Lane; the use is not expected to disturb surrounding residents as the scale of the tourist home is in keeping with the homes in the area and ample amenity space and parking is available for guests; the tourist home is not expected to generate a significant amount of traffic, and the site is easily accessed from the City's arterial road system without the need to infiltrate the neighbourhood; and the use of the dwelling as a tourist home represents an adaptive use of a heritage building. 2. Zoning By -law The R2 zone only permits single detached, semi - detached and duplex dwellings on appropriately sized parcels. The requested site specific zone change is to add a tourist home (bed and breakfast) to the list of uses permitted on the property. The tourist home should be limited to 3 rooms for tourists to ensure it remains at a scale compatible with the surrounding neighbourhood. Amending the Zoning By-la Location: 5982 Culp Street Applicant: David Tetrauft March 27, 2012 - 6 - SCHEDULE 2 PD-2012-24 .t c e — *-TOS- ' • T tr clresAsS5 41' . tt».44/1A..t... 044 Lct .17.14.1 +.) r evz,r6c, t 2t4 Z A5') IJ T oes, 240 . CtiMe"....f.r.t • Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Finance Department F- 2012 -11 Debt Management Strategy F- 2012 -11 March 27, 2012 RECOMMENDATION That Council adopt Option 2 as outlined in the report as a debt management plan, and direct staff to utilize the plan in the development of the 2012 Capital Budget and a long term ten year capital plan for presentation in June, 2012. EXECUTIVE SUMMARY The City of Niagara Falls, like most municipalities in Ontario, faces extreme pressure for financing its capital asset reinvestment needs. Staff have evaluated the current financial position of the municipality with the intention of identifying a long term funding plan that provides additional resources while minimizing the impact in current budget expenditures. The recommended approach accomplishes these dual objectives. The debt management strategy shown provides staff with predictability of funding for its capital works requirements. It utilizes existing expenditures and room created by debt retirement to fund additional projects. The success of this plan will require management oversight on project selection and management to ensure that the municipality maximized its reinvestment plans. BACKGROUND A municipality like the City of Niagara Falls, derives its ability to borrow from the Municipal Act, 2001. The lower Tier Municipality issues debentures through the Upper Tier, in the case of Niagara Falls, the debentures are issued by the region of Niagara. The City of Niagara Falls, is required to repay the Region under the terms of the debenture agreement, over the course of the debenture. The municipality is permitted to utilize construction financing during that phase of a capital project and to incur long term debentures over a fixed period of time. The City of Niagara Falls has utilized debenture financing in the last decade as its capacity to finance required capital programs has exceeded its immediate resources. Senior staff across departments have engaged in a process to identify capital re- investment needs as well with the introduction of PSAB 3150 as the applicable financial reporting requirements, staff are required to identify the condition and life expectancy of the City's capital assets. As at December 31, 2010, the net book value of the City's capital assets are $518.7 million. As a general rule, these assets will need to be replaced sometime in the future. March 27, 2012 - 2 - F- 2012 -11 In addition, new capital investments are needed, in some cases these can be offset by development charges or special funding from other levels of government. However, irrespective of these other funding sources, staff are required to fund these initiatives from existing sources if debt is not utilized. All of these factors point to the need for a long term debt management strategy. ANALYSIS /RATIONALE As was cited earlier, the City of Niagara Falls has utilized debt financing in the past decade. Attached is a list of the outstanding debt as at December 31, 2011 (Schedule A). The need for a debt strategy has been established due to the limited funding sources available to the City as it attempts to meet its significant capital re- investment needs. At present, staff do not have a formal plan on the utilization of debt financing to meet its current or future capital needs. Decisions to utilize debt as a financing option has been made on a project by project basis. At this time, the only future commitment of debt is in respect to the Niagara Falls Museum project. It is anticipated that a debenture will be issued later in the year or early in 2013. To further understand the need for a debt management plan, staff has identified for Council the four primary sources of funding available for Capital project re- investment. Firstly, direct transfers to capital projects from the City's operating budgets ( both taxation and utilities). Focussing strictly on the Taxation Budget, the annual contribution is budgeted at $4.5 Million for 2012. It is important to note, that this funding must cover all capital assets that are not related to water and sewer infrastructure, including fleet replacements. The second source of funding is from reserves, with the primary source of funding coming from Development Charge reserves. This option is limited to growth related projects that have been previously identified and included in the DC Bylaw. Usually, these projects also require funding from the first source previously mentioned due to the benefit for existing property owners. At present a Peer Review is being conducted on the existing Bylaw which will provide additional information on this source of funding. Thirdly, funding is available from other levels of government. This can take the form of special funding usually one time funding. Examples of this funding includes the recent contributions to the RINC projects, the Convention centre and the ongoing VTS project. Alternatively, this form of assistance can be a sustainable funding model. The present example is the Federal Gas Tax Grant, which is a permanent source of funding and is to be used strictly for infrastructure spending. The present level is $2.52 Million annually, and will remain the same amount until 2014. Details of grant levels after 2014 have not been determined at this time. The Province of Ontario provides a Transit Gas Tax Grant but the amounts are announced annually and for the purposes of this strategy is not considered a permanent funding source. Lastly, the City can issue debt financing to fund capital re- investment. At present the only municipal project identified to utilize debt funding is the Niagara Falls historical museum. Debenture funding of $2.0M was approved at the time the project was initiated and approved. A debenture will be issued later in 2012 once the project is completed. In developing an effective debt management strategy, staff has been careful to seek options that maximize opportunities for capital re- investment without significantly increasing the operating expenditures of the City. March 27, 2012 - 3 - F- 2012 -11 FINANCIAL /STAFFING /LEGAL IMPLICATIONS Staff have developed three (3) debt strategies for Council's consideration: 1. Existing capital contribution from Operating Budget (Schedule B) 2. Debt Management Option 1: Old Debt for New Debt (Schedule C) 3. Debt Management Option 2: Capital Contribution Conversion to Debt (Schedule D) The implications of the various options for a council approved debt management strategy is identified in the attached charts. The first alternative is the maintain no new debt issuance and is identified in Schedule B. This schedule shows the existing debt position and repayment projections. This shows that without additional debt financing, the debt level will be reduced over the next twenty years. This method results in $123.8M of capital re- investment over the twenty years with an annual contribution of $6.5M. While this results in the reduction of debt outstanding and servicing charges over time, it does not address the capital re- investment needs of the Municipality. This will likely result in increased future operating costs as the City staff spends more money on repair and maintenance of its infrastructure. As a result, the expenditure savings created by debt repayment will likely be offset with increased costs in repairs and maintenance. The second alternative, known as Option 1, is shown in Schedule C. This chart shows the impact of replacing the retired debt with new debt as obligations are retired. In this manner, additional funding for capital reinvestment projects is created without increasing the expenditures in the operating budget. The twenty year model provides for an additional $71 million of capital expenditures up to $195 million in total, over the same time period when compared to the present model. Since this strategy only results in the utilization of debt payments presently in the budget, this option provides additional expenditures without an increase to 2012 expenditure levels. The third alternative for Council's consideration, known as Option 2, represents an opportunity to build on Option 1 and create further additional capital re- investment funding, without addition budget expenditures shown in Schedule D. This option requires a gradual transition of funding presently in the budget to debt servicing. In effect, this option replaces direct investment in capital projects with debt servicing. In this manner, the existing $4.5 million expenditure for capital asset reinvestment is re- distributed by $400,000 per year to debt servicing. In this fashion, the available funding for capital reinvestment is increased without an increase in the taxation budget. This option increases available funding to $200M and is an increase of $4.5 Million from Option 1. As Council is aware the province of Ontario provides guidelines to municipalities on the maximum level of debt servicing that can be carried. The guidelines require that a Municipality shall never have debt servicing greater than 25% of its own source funds. At present the City debt servicing is 8.4% of own source funds. The present debt schedule results in the ratio falling since no new debentures will be issued except the Museum. Under Option 1 the maximum percentage remains at the current level of 8.4 %, but the percentage declines less rapidly than in the existing model. Lastly, under Option 2, the ratio increases during the first decade as the direct transfer is replaced by debt servicing. In this case, the option increases to 9.8% of own source revenues. March 27, 2012 - 4 - F- 2012 -11 All of these options are well below the thresholds established by the Province. As stated both options 1 and 2 use current budget expenditures and do not result in a new level of spending. Options 1 and 2 both address some of the capital expenditure reinvestment that staff have previously identified for Council. Prudent choices and management oversight will be required to ensure that all projects chosen are the best decisions in the future. LIST OF ATTACHMENTS Schedule A - Outstanding Debt as at December 31, 2011 Schedule B - Existing Debt retirement Schedule Schedule C - Debt Management Plan - Option 1 Schedule D - Debt Management Plan - Option 2 Recommended by: Respectfully submitted: Todd Ha Finance Ken T.dd, Chief Administrative Officer CITY OF NIAGARA FALLS OUTSTANDING DEBT at December 31, 2011 F- 2012 -11 Schedule A Originial Debt Debt Principal Amount Remaining at December 31, 2011 2001 Wiltshire Boulevard road Reconstruction 303,000 Zimmerman Avenue Road Reconstruction 550,000 Collins Drive & Tony Cres - curb & gutter 190,000 Acquiring Lands - Roberts St 1,000,000 Restoration - LL Battlefield 216,000 Millenium Trail - Phase 1 163,000 2002 Montrose Road Reconstruction 840,000 104,963 Front St Watermain & Sanitary Sewer 1,284,473 160,502 Community Centre 372,556 46,553 Library - Phase II 400,000 49,982 2003 Radio System - Fire 435,000 103,471 SCBA Equipment Replacement - Fire 496,000 117,981 Drummond Rd Hydro Bridge Deck Replacement 866,000 205,991 Stanley Avenue Underground (Main to McLeod) 1,000,000 237,865 Chippawa Outdoor Pool 152,000 36,156 Transit Coaches 535,000 127,258 New SW Library Branch Materials 245,000 58,277 2004 Renovations to Fire Station #1 700,000 246,843 Casino Roads Reconstruction 2,700,000 952,109 Transit Coaches 300,000 105,790 New SW Library Branch Materials 130,000 45,842 2005 Aerial # 4 Replacement - Fire 255,000 113,155 P Cummings Sports Complex 793,000 351,890 Transit Coaches 300,000 133,124 New SW Library Branch Materials 83,000 36,831 2006 Renovations to Fire Station #1 170,000 95,018 Aerial Truck Purchase 500,000 279,464 Fire Station # 6 Replacement 600,000 335,356 Radio System - Fire 70,000 39,125 Pumper Purchase - Fire 445,000 248,723 Rescue Vans Purchase - Fire 120,000 67,071 Dorchester Rd 3,700,000 2,068,032 McRae & Stamford Streets Reconstruction 215,000 120,169 Park Street Sewer Separation 1,404,000 784,734 P Cummings Sports Complex 80,000 44,714 Redmond / Coronation 100,000 55,893 Victoria Avenue Library Automation 90,000 50,303 Transit Coaches 718,000 401,310 Downtown CIP 1,410,000 788,088 MacBain Community Centre 12,300,000 10,318,528 2007 Aerial Truck Purchase 800,000 525,857 Fire Station # 6 Replacement 800,000 525,857 Rescue It 2 - Fire 275,000 180,763 Rescue & Aeral Equipment - Fire 40,000 26,293 High Rate Treatment 200,000 131,464 Chippawa Arena Roof 275,000 180,763 Transit Coaches 430,000 282,648 2009 Renovations to Fire Station #1 424,332 348,687 Fire Station # 6 Replacement 102,289 84,054 Rescue # 2 - Fire 122,242 100,450 Pumper Purchase - Fire 426,341 350,338 Clifton / Victoria Intersection 449,689 369,524 Portage Road Traffic Calming 66,141 54,350 Woodbine Street Traffic Calming 183,831 151,060 Kalar Park 350,000 287,606 P Cummings Sports Complex 834,739 685,931 2010 Bridge Street Storm 1,796,891 1,648,264 Boys & Girls Club 2,159,000 1,980,422 Grassy Brook Pumping Station 6,562,189 6,234,080 Garner Southwest - Pumping Station 5,411,361 5,140,793 2011 EE Mitchelson Park 87,998 87,998 Oakes Park 66,580 66,580 Fire Radio System 3,110,199 3,110,199 Patrick Cummings Park 511,478 511,478 Gate Centre 32,812,500 32,561,126 74,557,698 EXISTING F- 2012 -11 Schedule B 123,898,890 Transfers to Contribution to Capital Re- Investment Debt Servicing Total Cost to Taxpayers Infrastructure Gas Tax New Capital Investment with debt Potential Total Capital Investment 2012 4,000,000 7,349,434 11,349,434 2,520,994 - 6,520,994 2013 4,000,000 7,153,916 11,153,916 2,520,994 - 6,520,994 2014 4,000,000 6,676,161 10,676,161 2,520,994 6,520,994 2015 4,000,000 6,174,919 10,174,919 2,520,994 - 6,520,994 2016 4,000,000 6,003,090 10,003,090 2,520,994 - 6,520,994 2017 4,000,000 4,724,863 8,724,863 2,520,994 6,520,994 2018 4,000,000 4,359,179 8,359,179 2,520,994 - 6,520,994 2019 4,000,000 4,358,836 8,358,836 2,520,994 6,520,994 2020 4,000,000 3,991,836 7,991,836 2,520,994 - 6,520,994 2021 4,000,000 3,507,810 7,507,810 2,520,994 - 6,520,994 2022 4,000,000 3,077,311 7,077,311 2,520,994 - 6,520,994 2023 4,000,000 3,077,311 7,077,311 2,520,994 - 6,520,994 2024 4,000,000 3,077,311 7,077,311 2,520,994 - 6,520,994 2025 4,000,000 3,077,311 7,077,311 2,520,994 - 6,520,994 2026 4,000,000 3,077,311 7,077,311 2,520,994 - 6,520,994 2027 4,000,000 2,067,904 6,067,904 2,520,994 - 6,520,994 2028 4,000,000 2,067,904 6,067,904 2,520,994 - 6,520,994 2029 4,000,000 2,067,904 6,067,904 2,520,994 - 6,520,994 2030 4,000,000 2,067,904 6,067,904 2,520,994 - 6,520,994 2031 4,000,000 2,067,904 6,067,904 2,520,994 - 6,520,994 123,898,890 Option 1- Utilize Debt Replacement Room F- 2012 -11 Schedule C 20 Year Potential Capital Reinvestment $195,409,584 Transfers to Contribution to Capital Re- Investment Debt Servicing Total Cost to Taxpayers Infrastructure Gas Tax Potential New Capital Investment Utilizing Debt Issuance Total Capital Investment A B C =A +B D E F =A +D +E 2012 4,000,000 7,349,434 11,349,434 2,520,994 642,650 7,163,644 2013 4,000,000 7,349,435 11,349,435 2,520,994 3,813,400 10,334,394 2014 4,000,000 7,349,439 11,349,439 2,520,994 4,000,850 10,521,844 2015 4,000,000 7,349,440 11,349,440 2,520,994 1,339,350 7,860,344 2016 4,000,000 7,349,442 11,349,442 2,520,994 9,963,250 16,484,244 2017 4,000,000 7,349,443 11,349,443 2,520,994 2,850,350 9,371,344 2018 4,000,000 7,349,443 11,349,443 2,520,994 - 6,520,994 2019 4,000,000 7,349,100 11,349,400 2,520,994 2,863,290 9,384,284 2020 4,000,000 7,349,444 11,349,444 2,520,994 3,772,780 10,293,774 2021 4,000,000 7,349,444 11,349,444 2,520,994 3,355,560 9,876,554 2022 4,000,000 7,349,444 11,349,444 2,520,994 612,700 7,133,694 2023 4,000,000 7,349,445 11,349,445 2,520,994 3,723,940 10,244,934 2024 4,000,000 7,349,446 11,349,446 2,520,994 3,907,000 10,427,994 2025 4,000,000 7,349,449 11,349,449 2,520,994 1,339,350 7,860,344 2026 4,000,000 7,349,449 11,349,449 2,520,994 9,963,250 16,484,244 2027 4,000,000 6,340,042 10,340,042 2,520,994 2,850,350 9,371,344 2028 4,000,000 6,340,041 10,340,041 2,520,994 - 6,520,994 2029 4,000,000 6,340,041 10,340,041 2,520,994 2,863,290 9,384,284 2030 4,000,000 6,340,041 10,340,041 2,520,994 3,772,780 10,293,774 2031 4,000,000 6,340,041 10,340,041 2,520,994 3,355,560 9,876,554 20 Year Potential Capital Reinvestment $195,409,584 Option 2 - Debt Replacement Room & Reallocation of Annual Capital Funding F- 2012 -11 Schedule D 20 Year Potential Capital Reinvestment $200,246,334 Transfers to Contribution to Capital Re- Investment Debt Servicing Total Cost to Taxpayers Infrastructure Gas Tax New Capital Investment with debt Total Capital Investment A B C =A +B D E F =A +D +E 2012 4,000,000 7,349,434 11,349,434 2,520,994 3,912,950 10,433,944 2013 3,600,000 7,749,436 11,349,436 2,520,994 7,006,100 13,127,094 2014 3,200,000 8,149,434 11,349,434 2,520,994 7,024,800 12,745,794 2015 2,800,000 8,549,434 11,349,434 2,520,994 4,457,170 9,778,164 2016 2,400,000 8,949,434 11,349,434 2,520,994 13,081,075 18,002,069 2017 2,000,000 9,349,434 11,349,434 2,520,994 5,968,180 10,489,174 2018 1,600,000 9,749,433 11,349,433 2,520,994 3,120,500 7,241,494 2019 1,200,000 10,149,432 11,349,432 2,520,994 5,978,450 9,699,444 2020 800,000 10,549,433 11,349,433 2,520,994 6,890,600 10,211,594 2021 400,000 10,949,431 11,349,431 2,520,994 6,473,400 9,394,394 2022 11,349,439 11,349,439 2,520,994 3,912,950 6,433,944 2023 11,372,836 11,372,836 2,520,994 7,006,100 9,527,094 2024 11,393,924 11,393,924 2,520,994 7,024,800 9,545,794 2025 11,393,924 11,393,924 2,520,994 4,457,170 6,978,164 2026 11,393,924 11,393,924 2,520,994 13,081,075 15,602,069 2027 10,384,517 10,384,517 2,520,994 5,968,180 8,489,174 2028 10,384,517 10,384,517 2,520,994 3,120,500 5,641,494 2029 10,384,517 10,384,517 2,520,994 5,978,450 8,499,444 2030 10,384,517 10,384,517 2,520,994 6,890,600 9,411,594 2031 10,384,517 10,384,517 2,520,994 6,473,400 8,994,394 20 Year Potential Capital Reinvestment $200,246,334 Niagara& lls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Recreation & Culture R &C- 2012 -05 Gale Centre Update R &C- 2012 -05 March 27, 2012 RECOMMENDATIONS That Council approve the following actions: Gale Centre Staffing Complement • Review the staffing levels and examine shifts in order to maximize the effectiveness of current staff. This may require changes to schedules and duties of existing employees. • Examine arena hours of operation including: the reduction of summer ice at the Gale Centre and the Chippawa/WilloughbyArena hours of operation to help reduce staffing costs to the arena operations. This may include the need for some seasonal transfers. Facility Cleanliness /Maintenance • Continue discussions with operational staff to address the cleanliness of the facilities. This includes undertaking a "time analysis" to determine maintenance schedules and standards. Utility Rates and Energy Efficiencies • Complete the review of the energy efficiency of the Gale Centre and prepare an update report to Council. • Reduce operation costs by shutting down one to two pads at the Gale Centre in the summer months. Operating two to three pads of ice during the summer months will assist in lowering utility costs and labour costs. Facility Utilization and Rental Rates • Reduce the number of available ice pads to two pads at the Gale Centre for the majority of the spring /summer season, commencing May 15th • Consolidate daytime ice hours at the Gale Centre, as opposed to Chippawa / Willoughby, with the exception of tournaments. • Review operation costs to ensure ice rentals rates are covering the cost of maintaining one hour of prime time ice. • Review the youth prime rate for resident / non - resident organizations and adult non - prime groups. The review will include discussing possible future increases with youth organizations to enhance ice rental revenues. March 27, 2012 - 2 - R&C- 2012 -05 • Lower the adult non -prime rate to be more competitive with surrounding communities in order to attract additional daytime, Monday to Friday non -prime rentals at the Gale Centre. Develop a nominal education rate to charge elementary schools when booking the non -prime ice for skating sessions. Tournaments Revisit the tournament and special events policy in an attempt to maximize revenue opportunities. Review tournament pricing to ensure competitiveness in order to secure additional events. Sport Tourism and Facility Marketing • Ensure that the availability of the Sports Tourism Grant Program is marketed to potential visiting tournaments for the Gale Centre. • Promote spring and summer ice and floor rental opportunities to attract new users. • Develop a marketing plan and corresponding promotional materials for the Gale Centre. Third Party and Tenant Agreements • Monitor the existing agreements and report back to Council. • Meet on a regular basis with tenant groups to discuss and resolve any issues that may arise. EXECUTIVE SUMMARY Council requested an update on the status of the projected efficiencies of operating the Gale Centre, as forecasted in past Council reports. On May 7, 2007, staff presented Report R- 2007 -07 (Attachment #1) which detailed the anticipated benefits of moving forward with the four -pad arena complex, instead of a twin pad operation. The forecasted operational efficiencies suggested in that report have not been achieved, as outlined later in this report under Financial Considerations. Simply put: • operational expenses have exceeded the expectations outlined in 2007 and the 2011 budget; • utilization of ice has not met expectations; • revenues have not met the expectations outlined in 2007; there has been a modest reduction in the net operating cost from the previous arena operating model. To achieve the expectations, changes to the current staffing model, ice operational dates, and ice rates need to be made. In addition, further research /implementation of energy efficiency programs need to take place. Staff met with Gale Centre stakeholders including youth tenant organizations, Recreation Committee members and arena staff to discuss ideas to improve operational efficiencies and to enhance revenues. March 27, 2012 BACKGROUND - 3 - R&C- 2012 -05 The May 7, 2007 staff report on the 4 -Pad Arena Complex Development addressed the question, "Why a four -pad and does it make economical sense ? ". The report indicated that: • Net Operating Deficit under a four -pad arena scenario would be significantly reduced from the current situation, Construction costs are higher to build a four -pad arena, however; net costs are in fact lower due to operating efficiencies; Various efficiencies and economies of scale are realized when all ice surfaces are located on one site (i.e., staffing, utilities, materials, contracts, major equipment); Revenue achievable through a four -pad operation is significantly higher. Key assumptions regarding a Four -Pad Arena Complex were also presented in Report R- 2007 -07. The following assumptions have been adhered to: • All revenues generated through the arena operation will remain in the City. Loss of revenue for applicable user groups (Junior B's and Junior C's), through board advertising will be offset. Chippawa Willoughby Arena will continue to operate. Two assumptions have not been implemented: A more market driven approach to establishing ice rental rates will be taken. A market - driven approach to establish fall /winter ice rates has not been presented to Council. The rates have increased based on a standard approach of 3% annually. Council has approved a new approach to spring /summer ice rates and last- minute ice rates. Consideration of a more innovative facility management approach. The facility operation of the Gale Centre has remained a traditional approach. Staff is looking into ten hour shifts and does recommend the addition of part-time staff to allow more flexibility for special event scheduling during evenings and weekends. The operation of one facility with four pads of ice compared to two or three separate facilities with four pads of ice is a better operating model. Some of the operational efficiencies proposed in the original report have been achieved including an increase in ice rental revenue. However, the 2007 four -pad operation plan proposed a reduction in the staffing complement, projected lower future utility rates and enhanced revenues from facility leases. These have not been achieved. ANALYSIS AND RATIONALE Gale Centre Staffing Complement Past Arena Staffing Model: Niagara Falls Memorial, Stamford /Jack Bell & Chippawa The past arena staffing model to operate four pads of ice at three facilities consisted of a staff complement of 24 positions: management (3), administration (2) Niagara Falls March 27, 2012 - 4 - R&C- 2012 -05 Memorial Arena (6) operators, Stamford /Jack Bell (9) operators and Chippawa (4) operators. Proposed 2007 Gale Centre and Chippawa Staffing Model - R- 2007 -07 An arena operation plan for the Gale Centre and Chippawa Arena recommended a staff complement of 21 staff positions: management(3), administration (3) and facility operators Gale (12), Chippawa (3). This would have been a reduction of three full time positions. Current Staffing Model The current arena staffing model to operate five pads of ice at two facilities consists of a staff complement of 24.5: management (3), administrative (3.5), Gale Centre facility operators (15), and Chippawa Willoughby Memorial Arena operators (3). The current staffing model was approved by Council during 2010 budget discussions. In order to achieve the proposed staff model of 12 operators, three arena staff members would have been displaced. Council directed that the current staffing level is maintained and monitored to determine the need for additional facility operators. The Gale Centre complex operates with a staffing model that utilizes a complement of 15 attendant/operators working in a daily shift rotation, seven days a week. The shift rotation employs five operators on each day shift and afternoon shift. This staffing model is supplemented with additional casual staff for higher volume programs, special events and tournaments, including the Junior B games. Staff is divided into specific zones of responsibility within the building and their daily tasks are completed within these zones. The five work zones are Pad 1, 2, 3, 4, and the Galleria. To improve customer service, the administrative staff has been increased by one part-time position to cover the front information /welcome desk seven days a week from 8:30 a.m. - 11:00 p.m. The third customer service position was reallocated from the MacBain Community Centre administration complement. The following chart shows a comparison of the staffing models that are employed in a number of other similar -sized four pad arenas in Ontario. The sample group represents municipally operated facilities, as well as one privately operated facility. It should be noted that all facilities share many similarities in their operational model, but each has developed some staffing approaches that are unique to their facilities in order to cost effectively meet certain demands and requirements from their customers. Whereas the Gale Centre operates with a full time staff complement of similarly trained and skilled staff, many other facilities have opted to work with a mix of full time, part time, and contract employees that have a range of specific training, skills, work responsibilities, hours of work and other limitations of work that both allow, and require, that they are used and matched -up to specific requirements of operations and customer demand. March 27, 2012 -5- R&C- 2012 -05 Comparison of other Four -Pad Staffing Models Name Municipality Owned Building Shift Schedule Daytime Staff Evening Staff Total Hrs /wk Gale Centre Niagara Falls Municipal — 200,000 ft2 8 hr 5 Operators 5 Operators 1 Casual 568 16 Mile Creek Oakville Municipal —200,000ft2 10 hr 3 Operators Lead hand 3 Operators 3 Student helpers/ Contract employees 676 Invista Centre Kingston Municipal -- 200,000 ft2 10 hr 4 operators 4 Operators 1 Cleaner 609 Mohawk 4 Pad Hamilton Private 160,000 ft2 10 hr 2 Operators 2 Helpers 1 Cleaner 2 Operators 2 Helpers 490 Seymour- Hannah St. Catharines Municipal 145,000 ft2 10 hr 3 Operators 2 Operators 2 Students 512 Legends Centre Oshawa Municipal 8 hr Lead hand Foreman 3 Operators/ PT Operators 3 Operators/ PT operators 2 Student helpers 459 Recommendations: • Staffing levels will be reviewed and shifts examined in order to maximize the effectiveness of current staff. This may require changes to schedules and duties of existing employees. • Hours of operation are to be fully examined including: the reduction of summer ice and the further examination of Chippawa/Willoughby hours of operation to help reduce staffing costs to the arena operations. This may include the need for some seasonal transfers to other municipal departments to assist in reducing the staffing costs at the Gale Centre. Facility Cleanliness /Maintenance Based on comments from the public and users, there is a need to develop enhanced facility maintenance standards and practices. To ensure the facility is maintained at an acceptable level, facility staff and management have discussed options including: a ten - hour shift, an overnight or early morning cleaning shift, contracting out detailed cleaning, and reclassifying operational staff to custodial staff. Cleaning shifts may need to be created or existing schedules altered to allow for dedicated "cleaning time ". Recommendation: • Discussions with operational staff have already begun with the purpose of addressing the cleanliness of the facilities. This includes the undertaking of a "time analysis" to determine maintenance schedules and standards. Utility Rates and Energy Efficiencies The energy efficiencies projected for the Gale Centre have not been achieved, and energy costs are, in fact, greater than anticipated. It should, however; be noted that although the energy costs are greater than anticipated at the Gale Centre, the overall operational costs March 27, 2012 - 6 - R&C- 2012 -05 are lower than experienced at the former three (3) arenas. Also, operating four -pads of summer ice is expensive and 2011 was the first full year of summer ice operation. Recommendations: • The energy efficiency of the Gale Centre is currently being reviewed by an external energy consultant and a subsequent report to Council is forthcoming. • Reduce operation costs by shutting down one to two pads in the summer months. Operating two to three pads of ice during the summer months will assist in lowering utility costs and labour costs. This is subject to the utilization of the facilities by tournaments. Facility Utilization and Rental Rates The biggest impact on the revenue generation of the new facility is ice utilization. Staff has compiled the utilization achieved for the 2011 calendar year for both the Gale Centre and the Chippawa/Willoughby Arena. These figures represent the business objective of having the four pads at the Gale Centre open throughout the summer and to utilize the Chippawa/Willoughby Arena only during the main winter season, once all of the main user groups are up and running. Facility utilization is summarized in the following charts: Gale Centre Ice Utilization Summary 2011 Overall Prime (hours) Non -Prime (hours) Total Available 11800 8651 20452 Used 7717 2821 10538 Unused 4083 5830 9913 Percentage Used 65.39% 32.61% 51.53% Gale Centre Winter Ice Utilization Summary Winter Season (Jan 1 -April 30; Sept 1 -Dec 31) Prime (hours) Non -Prime (hours) Total Available 8185 5703 13889 Used 6383 2198 8581 Unused 1802 3505 5308 Percentage Used 77.98% 38.54% 61.78% March 27, 2012 -7- R&C- 2012 -05 Gale Centre Summer Ice Utilization Summary Summer Season (May 1 - Sept 1) Prime (hours) Non -Prime (hours) Total Available 3617 2985 6602 Used 1334 623 1957 Unused 2283 2362 4645 Percentage Used 36.88% 20.89% 29.65% Chippawa Arena Ice Utilization Summary 2011 Overall (no summer season) Prime (hours) Non -Prime (hours) Total Available 1815 1166 2981 Used 1238 475 1713 Unused 577 691 1268 Percentage Used 68.21% 40.75% 57.46% The utilization charts indicate that there is significant opportunity to improve. The overall utilization at the Gale Centre is 51.5 %, with prime time having an overall utilization of 65.39% and non prime having a utilization rate of 32.61% The Winter season has a utilization rate during prime time of 77.98 %, however; non prime is still only 38.54% utilization. The overall utilization at Chippawa/WilloughbyArena is 57.46 %. The prime time utilization is 68.21 % and non prime is 40.75 %. It should be noted that there is no summer ice at this facility which operates from September through April. Since increased utilization improves the revenue stream, strategies that result in improvement of ice use are critical. During construction of the four -pad, staff discussed ice needs with the user groups and there was indication that five pads of ice were required during the main season. Staff continues to believe, at the present time, that operating five pads during the main ice season is required and more emphasis on marketing the available ice is required, however; where opportunities exist to consolidate hours at the Gale Centre, staff will implement these strategies. Staff has also reviewed revenues and ice rental rates. Discussions have taken place with user groups and the Recreation Committee. The ice rental chart outlines the various rates being charged by municipalities. Of particular interest is the fact that while Niagara Falls has the highest rate in the Region for Adult prime time ($213.42 per hour), Niagara Falls has one of the lower Youth prime rates ($138.02 per hour). March 27, 2012 -8- R&C- 2012 -05 Discussions with user groups and the Recreation Committee suggest that staff should review the entire fee structure, including the introduction of a non resident youth rate, an education rate, and a review of Adult non prime rate. Fall/Winter Prime Rate for Niagara Area Municipal Arenas Municipality Youth Prime Rate (incl. HST) Youth Non -prime (incl. HST) Adult Prime Rate (incl. HST) Adult Non -prime (incl. HST) Niagara Falls $138.02 $90.72 $213.42 $123.05 St. Catharines (includes a $10.00 surcharge) $175.15 $71.19 $207.92 $97.00 Fort Erie $127.69 $63.04 $178.83 $90.25 Welland $160.46 $159.33 $201.14 $159.33 Thorold $210.38 $110.00/ $100.00 $210.38 $201.87 $110.00/ $100.00 Port Colborne $117.97 $68.82 $181.87 $137.63 Pelham $144.96 $144.96 $202.94 $144.96 Based on these facts, staff has presented a series of recommendations to improve utilization, revenues, and operating costs. it should be noted that, based on the current utilization rate, it costs $254.00 to produce one hour of ice, however; if all available hours were utilized (100% utilization) that cost would reduce to $131.00 per hour. Recommendations: • Based on limited demand and a surplus of spring /summer ice available throughout the Niagara Region, staff recommends reducing the number of available ice pads to two pads at the Gale Centre for the majority of the spring /summer season. This could vary depending on tournament bookings. Consolidate all daytime ice hours at the Gale Centre, as opposed to Chippawa/ Willoughby, with the exception of tournaments. Review operation costs to ensure ice rentals rates are covering the cost of maintaining one hour of prime time ice. Staff recommends further review of the youth prime rate for resident / non - resident organizations and adult non -prime groups. The review will include discussing possible future increases with youth organizations to enhance ice rental revenues. To attract additional daytime, Monday to Friday, non -prime rentals at the Gale Centre, user groups recommend lowering the adult non -prime rate to be more competitive with surrounding communities. User groups also recommended developing a nominal education rate to charge elementary schools when booking the non -prime ice for skating sessions. Currently, only secondary schools pay for their non -prime ice used primarily for high school hockey practices and games. March 27, 2012 - 9 - R &C- 2012 -05 Tournaments The City of Niagara Falls operates on the principle that local youth and local adult users are accommodated first at our arenas. The Gale Centre receives many inquiries to host tournaments throughout the year. Local user organizations' are consulted to ensure that their ice needs are first priority with any new tournament scheduled during the off season or if an existing tournament is no longer in operation. The ice allocation policy provides guidelines for staff to follow to allocate ice time for tournaments. The current Ice Allocation Policy provides guidelines for staff to evaluate and schedule tournaments: • Events will be given dates as similar as possible to previous years. • An existing group can ask for a different date for their event as long as that event does not conflict with another organization's event date. When a user group cancels their tournament, all ice users and applicants including tournament organizers, will be informed by email or telephone of the opportunity to implement a new tournament. Staff will evaluate tournament requests based on the following criteria: • Impact on regularly scheduled resident user groups • Number of pads booked • Days and time requested • Overall financial impact to arena operations • Economic development for the City • Relationship to the City • All criteria will be considered, and with everything being equal, priority will be given to resident organizations. A tournament which has cancelled 50% or greater of its allocated ice in each of the last two years will lose its historical precedence and will be required to apply as a new event in the future. • When an existing tournament has been cancelled, the ice time may be reserved for a new tournament. Dry floor special events will be considered based on demand of ice at the day of the special event, impact on user groups, number of pads booked, days, times, overall financial impact to arena operations, economic development for the City and relationship to the City. March 27, 2012 - 10 - R&C- 2012 -05 Tournament/Special Events Chart Season Number of Tournaments Total Hours of ice time Notes 2009/2010 Fall/Winter 18 1456 hours 2010 Spring /Summer 3 247 hours Gale Centre opened mid - June 2010 2010/2011 Fall/Winter 22 1365.25 hours 2011 Spring /Summer 4 414.25 hours 2011/2012 Fall/Winter 23 1539.5 hours three new events, two past cancelled 2012 Spring /Summer 6 336.5 hours projected The above chart clearly shows the increase in the number of tournaments hosted at the Gale Centre. Tournament organizers prefer to host their event in a four -pad facility compared to single or double pad allowing them to schedule all of the games and activities at one facility. New fall /winter tournaments are challenging to schedule, based on ice commitments to local user groups. There are opportunities to host new tournaments and events at the Gale Centre during the spring and summer seasons. The spring and summer tournament business is very competitive with organizers shopping around to secure the best deal for their event. Recommendations: • The tournament and special events policy be revisited in an attempt to maximize revenue opportunities. Staff will review tournament pricing to ensure competitiveness in order to secure additional events. Sport Tourism and Facility Marketing Spending associated with the Canadian sport tourism industry reached $3.6 billion in 2010, an increase of 8.8% from 2008, based on Statistics Canada (2010) data commissioned by the Canadian Sport Tourism Alliance (CSTA). This compares to a 0.7% decrease in tourism demand for the Canadian tourism industry as a whole over the same period, thus continuing sport tourism's trend of being one of the fastest growing segments within Canada's tourism industry. The increase in sport tourism spending was driven by domestic sport travellers, while U.S. sport tourism demand remained relatively steady and overseas expenditures declined. March 27, 2012 - 11 - R&C- 2012 -05 On a local level, Gale Centre tournaments and special events attract out of town visitors with significant economic impact for the local economy. A recent example is the Canlan Youth Niagara Falls Hockey Challenge II which attracted 32 teams of 12 - 14 youth, 400 participants and approximately 800 spectators over the three -day tournament. Approximately 53% of the participants and 52% of the spectators stayed overnight in local hotels /motels and enjoyed local restaurants, stores, and attractions. Marketing efforts need a new focus for the Gale Centre. Staff will develop a market strategy to enhance off - season rentals. Council approved a Sport Tourism Policy on April 4, 2011, establishing a Sport Tourism Policy and Grant Program to provide assistance in the provision of hospitality for visiting sports teams, officials, and spectators attending a major sporting event being held in Niagara Falls. Staff will ensure that the availability of this program and related funding is marketed to potential visiting tournaments for the Gale Centre. Recommendations: • Promote spring and summer ice and floor rental opportunities to attract new users. • Develop a marketing plan and corresponding promotional materials for the Gale Centre. • Ensure that the availability of the Sport Tourism Grant Program is marketed to potential visiting tournaments for the Gale Centre. Third Party and Tenant Agreements Front Row Sports Front Row Sports was selected as a result of a process that was initiated in February 2009 with the issuance of a Request for Proposal (RFP) by the City for a retail pro shop in the Gale Centre. Council accepted the tenant as the preferred proponent on April 6, 2009 — R-2009-20 - Award of Retail Pro Shop at the Gale Centre. The City receives a $14,180 per year over the five (5) year agreement that outlines the commitments and obligations of the proponent as submitted in their RFP. Niagara Falls Review Staff issued a Request for Proposal (RFP) to provide advertising sales, production and installation in the Gale Centre in November 2008. The right to provide this service was awarded to the successful proponent, the Niagara Falls Review, on February 23, 2009 (R- 2009-12 Award of Advertising Sales, Production and Installation - Gale Centre). The five (5) year agreement is a reflection of the obligations and rights granted to the Review in that Council report, except for following additions: 1) In addition to the arena board advertising and the panel wall signs, the proponent will also have the right to sell ice surface advertisements. March 27, 2012 -12 - R&C- 2012 -05 2) As the agreement obligates the proponent to pay percentages of gross sales on an annual basis to the City, the opportunity to market and sell additional advertising products are seen as beneficial to the City, as it will increase the overall revenues that the City collects from advertising in the arenas. The agreement with the Niagara Falls Review generated $55,233 for the City in 2011. The amount has fallen short of the City's expectations. FRT Hospitality - Break -A -Ways The proponent was selected to provide exclusive food and beverage services in the Gale Centre as a result of a process that commenced with the issuance of a Request for Proposals (RFP) in 2008. The RFP closed on November 22, 2008. A report (R- 2009 -11) was brought to Council on March 9, 2009. The proposal from FRT required the exclusive rights for the sale of all food and beverage, including liquor and catering sales in the Gale Centre. In exchange FRT would pay the City a rent of $42,756/year for a five(5) year term with an option to renew for a further (5) years. In addition, FRT pays a further 3% to the City on all net sales more than $400,000.00, and is also responsible for all realty taxes. With respect to the exclusivity of sales, this is seen as necessary to guarantee the long term viability of the service. FRT does assist facility users with arrangements and innovative products to allow them to share in the success of the food and beverage services. During the 2011/12 season, Break -A -Ways provided approximately $20,000 worth of donations to tenant user groups and tournament organizers including Junior B's, adult hockey tournaments including Al Reid, Black Hawks Tournament, Jim Thorpe Tournament, Ringette Tournament and the upcoming Clarkson Cup. Tenant Organizations 1) Niagara Falls Girls Hockey Association 2) Niagara Falls Minor Hockey 3) Niagara Falls Ringette 4) Niagara Falls Skating Academy 5) Recreational Minor Hockey Each of the user groups has a licensing agreement with the City. The licence states the office and storage space for which the City grants access to each of the respective organizations. The agreements also outline the obligations of each of the organizations with respect to maintaining and operating their business within the spaces allotted, the insurance they must carry, etc. The licensing agreement is for the period of ten years, commencing June 1, 2010 and expiring May 31, 2020. The space allocated to each group is free of charge. The City pays all utility costs for the user groups. Junior B and Junior C Agreements The Gale Centre agreements for the Junior B's and Junior C's are similar to previous agreements with the City, prior to the construction of the Gale Centre, in that they outline the dressing room, office, storage spaces and other amenities which the City makes available to each Club to operate their programs. The agreements are for five (5) years. March 27, 2012 - 13 - R &C- 2012 -05 Each agreement has a provision for an operating grant to each Club to offset the lost revenue opportunity from advertising under previous agreements with the City. The value of each operating grant was determined from each Club's board advertising revenue, as stated in their financial statement at the time of entering into the agreement. The Junior B team receives an annual operating grant of $60,000 and the Junior C team receives an annual operating grant of $20,000. To put this into perspective, an annual operating subsidy of $80,000 is paid out by the City and in 2011 only $55,233 in offset advertising revenue was received. Since the agreements are all in place for periods of 5 to 10 years, options for increasing facility lease revenues are limited. Staff will revisit these agreements in advance of their expiration. Recommendations: Staff will monitor the existing agreements and report back to Council prior to the expiration of the existing agreements. Staff will meet on a regular basis with tenant groups to discuss and resolve any issues that may arise. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Report R- 2007 -07 presented a business case for the construction of a four -pad facility and the decommissioning of three old arenas. A priority, at the time this proposal was considered, was the annual operating deficit of the arena operations and the condition of all of the facilities. At the time, in 2007, the operating subsidy was $1,508,547. The proposal for building the future Gale Centre predicted that by decommissioning Niagara Falls Memorial, Jack Bell and Stamford and replacing them with the proposed Gale Centre while continuing to operate Chippawa Arena would result in a net operating subsidy of $648,625. In that report the following information was presented. 2007 Projections Proposed Four Pad Chippawa Total Total Expenditures $2,011,500 $703,520 2715020 Less Debt Servicing 0 0 0 Total Operating Costs 2011500 703520 2715020 Less Total Revenues - 1767000 - 299395 - 2066395 Net Operating Deficit $244,500 $404,125 $648,625 The 2007 report projected that the operating deficit of the arenas would be $648,625 (new four -pad and Chippawa/Willoughby). These targets have not been met and staff does not believe that the estimates presented in 2007 were realistic. March 27, 2012 - 14 - R&C- 2012 -05 In comparing 2011 results with preliminary operating projections, it is important to make relevant comparisons. The 2007 report indicated that investing in a new four -pad would achieve operational savings. Thus, the charts provided do not include the debt servicing cost of the new facility. As previously reported, during the 2012 Budget deliberations, staff indicated that the operating results of the Gale Centre did not meet expectations. Earlier in the report, staff outlined some of the factors impacting operational results. In evaluating the present situation, it is important to make two comparisons. First, the 2011 operating results should be compared to the original business core projections. Secondly, 2011 operating results must be compared to the operating costs in 2007 of the previous arenas. The chart below reflects the combined 2011 operating results for the Gale Centre and Chippawa Arena. The current net operating deficit is as follows: 2011 Operating Results Actual Net Operating Deficit 2007 Gale Centre Chippawa Total Total Expenditures $4,304,160 $350,166 $4,654,326 Less Debt Servicing - 1623535 -35049 - 1658584 Total Operating Costs 2680625 315117 2995742 Less Total Revenues - 1451447 - 160197 - 1611644 Net Operating Deficit $1,229,178 $154,920 $1,384,098 In comparing actual 2011 operations with the 2007 preliminary projections, it is evident that the significant operating improvements were not achieved, however, there has been a modest reduction in net operating costs from the previous arena operating model. The chart below compares the three models. Net Operating Positions - Arena Operations Actual Net Operating Deficit 2007 $1,508,507 Proposed Net Operating Deficit for Arena Operations per Report R- 2007 -07 648625 Actual Net Operating Deficit 2011 $1,384,098 Expenditure Analysis The expected cost of operation for the Gale Centre in 2007 was $2,011,500. The 2011 operating costs incurred were $2,680,625. This is a result of significantly increased utility costs and labour costs. The strategies recommended by staff earlier in the report should improve this result for 2012. March 27, 2012 - 15 - R&C- 2012 -05 On a positive note, significant cost reductions were achieved at Chippawa as compared to the 2007 projection. Thus, the combined operating costs in 2011 are $2,995,742 compared to $2,715,020 that was predicted in 2007, a variance of $280,722. As the charts show, the Gale Centre is costing more than predicted. Revenue Analysis In the 2007 report, the expected revenues for the proposed four -pad and Chippawa arena were $2,066,395. The actual results were $1,611,644 in 2011. As a result, from this perspective, the revenues in 2011 are $454,000 Tess than expected. As previously discussed in the report, a variety of factors including ice utilization, ice fees and other revenues have factored in this reduction. Staff has recommended a series of strategies for improvement in this area. The Gale Centre 2011 Operating Budget projected $1,290,046 in ice revenue, and the actual ice revenue received was $1,343,445. The total 2011 Gale Centre revenue including facility rental fees and other revenue from facility advertising and leases is $1,451,477. Ice utilization has increased during the last year at the Gale Centre, but decreased at Chippawa Willoughby Arena. The total 2011 revenue for Chippawa Willoughby Arena was $160,197. This is approximately $299,395 Tess than the 2007 staff report projected. Net Impact Staff recognizes the benefit of reviewing the operating results for a full year in the hopes of achieving fiscal improvements. In general, the construction of the Gale Centre has been a necessary capital reinvestment to ensure that residents have adequate facilities for today and in the future. Although the facility has not met the expectations of the 2007 report, the operating costs are less today than they were under the old arena model. In this regard, the costs of arena operations in 2011 should be compared to the predicted model and the previous operating model. The operating subsidy of $1,384,098 is $735,473 more than predicted in the 2007 business plan. This variance is 38% expenditure - related and 72% revenue - related. On the other hand, the 2011 results are an 8% improvement from actual 2007 operations. As indicated many times in this report, staff has made recommendations based on 2011 experiences that will provide improved operating performance for 2012 and future years. CITY'S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to, Ensure efficient and effective delivery of the core municipal services. Staff will continue to evaluate and implement efficient and effective operating models for arena operations. March 27, 2012 ATTACHMENT 1. R- 2007 -07 — Potential 4 -Pad Arena Complex Development - 16 - Prepared by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture Todd Herison, Director of Finance R&C- 2012 -05 Ken Todd, Chief Administrative Officer May 7, 2007 ATTACHMENT 1 Niagaraa11s CANADA His Worship Mayor Ted Said and Members of the Municipal Council City of Niagara Falls, Ontario R- 2007 -07 The recommendation(s) contained in this report were adopted by City Council Members: Re: R- 2007 -07 - Potential 4 -Pad Arena Complex Development RECOMMENDATION: 1) That Council approve the development of a 4 -Pad Arena Complex with 2000 seats in the main arena pad. That the following capital funding sources be allocated to the arena project; proceeds from the sale of Memorial and Stamford /Jack Bell arenas; Section 37 contribution from Hilton Hotels of $1.2 Million; and that the annual compensation contribution from Walker Brothers Quarries Limited be allocated to the annual debt financing. 3) That the capital budget be approved for up to $34,7 Million (2008$), including all funding sources and borrowing of up to $29.5 Million be authorized. BACKGROUND: On February 5, 2007, Council directed staff to "report on the economical and financial benefits to update the twin pad project to a four- plex ". This report undertakes, and summarizes, a comprehensive comparison of arena development options. It will be shown that the development of a 4 -Pad 2000 seat arena complex is the most effective short and long term financial strategy. A 4 -Pad also provides a modern, community arena facility that is responsive to current and future user needs. Working Together to Serve Our Community Community Services Department Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023, Nia ara Falls ON , a ; 7 may t, cvvr - L - R- 2007 -07 in order to conduct this comparison, it was necessary to examine: a) the current operating budgets for the existing three (3) arena locations (Niagara Falls Memorial, Stamford /Jack Bell and Chippawa Willoughby) b) the operation of a new 2 -pad arena with a 3,000 seat main bowl, as previously approved by Council, while maintaining Stamford /Jack Bell and Chippawa Willoughby arenas, c) the proposed new 4 -pad arena (2000 seats) while maintaining Chippawa Willoughby arena As indicted below, the result of this analysis is, that when compared to our current net operating deficit, a 4 -pad scenario is significantly more economical to operate. Option Net Operating Deficit current operation $1,508,507 2 -pad scenario with 3000 seat main bowl $1,171,088 4 -pad scenario with 2000 seat main bowl $ 648,395 A more detailed analysis is shown in Appendix 1 - Detailed Annual Operating and Financial Efficiencies. The financial conclusions were derived from information on the City's current operating costs, understanding of industry operating principles, comparisons with other arena 4 -pad complexes, and appropriate future economic projections. Key Assumptions Regarding a Four -Pad Arena Complex The significant cost reduction with the 4 -pad scenario has been developed predicated on several key assumptions: • All revenue generated through the arena operation will remain with the City. • Loss of revenue, for applicable user groups, through board advertising will be offset. • A more market driven approach to establishing ice rental rates will be taken. • Consideration of a more innovative facility management approach. • Chippawa Willoughby Arena will continue to operate regardless of the proposed arena scenario (2 -pad versus 4 -pad). Why a Four -Pad and Does it Make Economical Sense? • • While the capital cost to construct a 4 -pad arena is obviously greater than the cost to construct a 2 -pad arena, the net carrying costs are in fact lower due to operating efficiencies resulting from a 4 -pad operation. Various efficiencies and economies of scale are realized when all ice surfaces are located on one site (i.e., staffing, utility costs, supplies, materials, contract costs and major equipment). The revenue achievable through a 4-pad option is significantly greater than could be realized through a 2 -pad arena operation, or two 2 -pad arenas on separate sites. The capital cost on a per pad basis is lower with a 4-pad that with a 2 -pad (see Appendix 2). Significant capital improvement and maintenance costs for Stamford/ Jack Bell will be eliminated. may (, ;tutu How Will a Four -Pad Arena be Funded? - 3 . R- 2007 -07 LeisurePlan international Inc. completed an Arena Feasibility Study, in May 2004, which identified deteriorating conditions at both Stamford /Jack Bell and Niagara Falls Arenas. LeisurePian's recommendation was that Niagara Falls Arena be replaced as soon as possible, due to its age and high operating costs which currently account for 50% of our total Arena operating budget The report also suggested that due to the age of Stamford /Jack Bell arena, significant capital improvements will be required over the next several years, and by 2014 the facility would need to be replaced. While there is additional cost to construct the 4 -pad, when we apply the net operating savings from the 4 -pad, the carrying costs are reduced to a level lower than required to fund the 2 -pad. Appendix 2: Financial Comparison Summary shows various funding scenarios that could be applied to our capital construction. Some of these funding scenarios would apply regardless of whether to continue with a twin -pad or go with a four -pad such as the section 37 contribution from the Hilton, sale of land proceeds from Niagara Falls Memorial Arena and the major fund- raising initiative. A four -pad also has the source of sale of land proceeds from Stamford/ Jack Bell and greater naming rights potential. Financing for Annual Debt Costs is improved by annual operating savings, resulting in a reduction in the amount required to be debentured. Why Not Two (2) Pads on Two (2) Separate Locations? • Economies of scale will not be realized having concurrent construction on two different sites. Less realization of operational efficiencies with more arena locations (i.e., need for additional staffing, double the fixed costs, double the utility costs etc.). A four -pad has the potential of greater ancillary services such as a restaurant, pro shop, etc. If there were two 2 -pads on separate locations, it is unlikely that such ancillary services would be provided. A four -pad will have greater attendance than two twin pads on separate sites, therefore, increased client exposure. Why Reduce the Seating Capacity in the Main Pad from 2,000 or 3,000 Seats? In reviewing the seating capacity of the main pad, which is currently approved at 3,000 seats, a number of factors were considered: Based on utilization in 2005 and 2006, 97% of events held at Niagara Falls Memorial Arena required less than 2,000 seats. Most of the events that exceeded the need for 2,000 seats were `non -ice' events. The proposed convention centre is expected to provide up to 10,000 seats and is proposed to serve the non -ice market currently using Niagara Falls Memorial Arena, including special events and concerts. The convention centre is also expected to have the ability to bring in 'temporary ice' for large community special events. iviay ',tutu - 4 - R- 2007 -07 Much lower capital construction costs and annual operating costs are achieved with a 2,000 seat main arena in contrast to a 3,000 seat main arena. Is There Community Support for a Four -Pad by the Prospective Users? A Committee with representation from all major user groups has been involved in the arena discussions since the project was initiated. These groups include representatives from the Recreation Committee, the Arena Fundraising Committee, the Junior B Hockey Club, the Junior C Hockey Club, Niagara Falls Girls Hockey, Stamford Skating Club, as well as City staff. A special meeting was recently held on April 25, 2007 to confirm support of the user groups for a 4 -pad arena complex. • The community users are in support of a four -pad arena complex. • There is a commitment to continue to raise $1.5 million in fundraising. • A four -pad will better be able to accommodate the needs of all user groups. • The community users support the proposed revenue model. Conclusion In recognition of the fact that the 4 -pad arena option is more financially viable, and has significant support from the major user groups, it is recommended that Council authorize staff to proceed with the appropriate steps to commence construction of the 4 -pad arena complex. Recommended by: Approved by: Respectfully submitted: 47" Minis' Denyse�uforrissey, Director gf✓Parks, Recreation & Culture egoLtir 094 Ed Dujlovic, Execcfiive Dir ommun'. Services hn MacDonald, Chief Administrative i • er APPENDIX 1 DETAILED ANNUAL OPERATING AND FINANCIAL EFFICIENCIES EXPENSES Arena Memorial Chippawa Stamford /Jack Bell Total 7. Operating Cost % of Operating $981,004 34.94% $703,520 25.06% $1,123,121 40.00% $2,807,645 100% REVENUES Arena Revenue % of Revenue Memorial $306,035 23.55% Chippawa $299,395 23.04% Stamford /Jack Bell $694,158 53.41% Total $1,299,588 100.00% NET OPERATING COST /SUBSIDY PER YEAR $1,508,057 By Arena Memorial $674,969 44.76% Chippawa $404,125 26.80% Stamford /Jack Bell $428,963 28.44Y Total $1,508,057 100.00% EXPENSES Arena 2 Pad 13,000 seats) Chippawa Stamford /Jack Bell Total REVENUES Arena 2 Pad (3,000 seats) Chippawa Stamford /Jack Bell Total Operating Cost % of Operating $1,245,000 $703,520 $1,123,121 $3,071,641 Revenue % of Revenue 40.53% 22.90% 3636% 100.00% $907,000 41.72% $299,395 15.75% $694,158 36.52% $1,900,553 100.00% NET OPERATING COST /SUBSIDY PER YEAR $1,171,088 2 Pad (3,000 seats) Chippawa Stamford /Jack Bell $338,000 28.86% $4404,125 34.51% $428,963 3$.63% Total $1,171,088 100.00% a.ortom 4 Pad'' rt0 Clews," Afena .- t/ e'mei 1, EXPENSES Arena 4 Pad (2,000 seats)* Ch ippawa Total REVENUES Arena 4 Pad (2,000 seats) Chippawa 'Total Operating Cost $2,011,500 $703,520 $2,715,020 Revenue $1,767,000 $299,395 $2,066,395 % of Operating 74.09% 25.91% 100% % of Revenue 85.51% 14.49% 100% NET OPERATING COSTISUBSIDY PER YEAR $648,625 'annual operating costs Includes $60 K per year contribution to reserve each year. 4 Pad (2,000 seats) $244,500 Chtppawa $404,125 Total $648, 625 38% 62% 100% C:\ Documents and Sattings\kh1011Local Settings \Temp\XPgrpwise'Appendix 1 - REVISEDDetailed Annual Operating and Financial Efficiencies.wpd FINANCIAL COMPARISONS: SUMMARY Excludes external site servicing requirements which are to be addressed separately by the Works Department 2 Does not include potential CNH revenues 3 Debt - $87,000 per million applied per year impact to tax levy based on 1% increase for every 3406,000 in additional debt payments (based on 2006 General Tax Levy) 2 Pads 3,000 Main Bowl 158,800 sq.ft. 1.0 Estimated Capital Cost' $ 28,325,000.00 $ 2.0 Capital Funding Sources 2.1 s.37- Hilton' $ 1.200,000.00 $ 2.2 Sale of Land Proceeds - Memorial S 1,100,000.00 $ 2.3 Sale of Land Proceeds - Stamford/Jack Bell N/A $ 2.4 Fund Raising $ 1.500,000.00 $ 2.5 Naming Rights $ 500,000.00 $ 2.6 Total Capital Funding Sources (2.1 to 2.5) $ 4,300.000.00 $ 2.7 Amount of Debt Required to Fund Capital Costs (1.0 - 2.6) $ 24,025,000.00 $ 3.0 Required Borrowing (on 2.7) ® Tax Funded Annual Debt Payment' $ 2,090,175.00 $ 4.0 Financing Plan for Annual Debt Costs (on 3.1) 4.1 Allocation: Walker Funding $ 575.000.00 $ 4.2 Allocation: Net Annual Arenas Operating Savings $ 336,969.00 $ 4.3 Total Debt Financing Available Per Year (4.1 + 4.2) $ 911,969.00 $ 5.0 Summary: Difference Annual City Debt (3.1) and Total Financing Available (4.3) 5.1 Total Additional Tax Funded Debt Payment Per Year S 1,178,206.00 S 6.0 % Impact to Tax Levy` 6.1 Impact to tax levy (on 3.1) $ 5.15 $ = 6.2 Impact to tax levy (5.1) with financing plan allocations $ 2.90 $ Excludes external site servicing requirements which are to be addressed separately by the Works Department 2 Does not include potential CNH revenues 3 Debt - $87,000 per million applied per year impact to tax levy based on 1% increase for every 3406,000 in additional debt payments (based on 2006 General Tax Levy) FINANCIAL COMPARISONS: SUMMARY APPENDIX 2 Excludes external site servicing requirements which are to be addressed separately by the Works Department 2 Does not include potential CNH revenues J Debt - $87,000 per million applied per year • Impact to tax levy based on 1% increase for every $406,000 in additional debt payments (based on 2006 General Tax Levy) 2 Pads 3,000 Main Bowl 158,800 sq.ft. 4 Pads 2,000 Sean Main Bowl 196,600 sq.ft. 1.0 Estimated Capital Cost' $ 28,325,000.00 $ 34,700,000.00 2.0 1.113111 Capital 2.2 Funding Sources IIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIMIII $ 1.200,000.00 $ 1,200,000.00 s.37- Hilton= Sale of Land Proceeds - Memorial $ 1,100,000.00 $ 1,1 00,000,00 ME24 MEINaming 2.3 2.6 Sale of Land Proceeds - Stamford/Jack Bell NIA $ 650,000.00 Fund Raising Rights Total Capital Funding Sources (2.1 to 2.5) $ 1,500,000.00 $ 1,500,000.00 $ 500,000.00 3 750,000.00 $ 4,300,000.00 $ 5,200,000.00 linAmount of Debt Required to Fund Capital Costs (1.0 - 2.6) $ 24,025,000.00 $ 29,500,000.00 3.0 - MIMI 4.0 Required Borrowing (on 22) 3.1 Tax Funded Annual Debt Payment' $ 2,090,175.00 $ 2,566,600.00 Financing Plan for Annual Debt Costs (on 3.1) rMAllocation: EllAllocation: IIIMIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIMIINIIIIIIIIIIIIIIIIIIIIIIIIIIMIMI 4.3 Walker Funding Net Annual Arenas Operating Savings Total Debt Financing Available Per Year (4.1 + 4.2) $ 575,000.00 $ 575,000.00 $ 336,969.00 $ 911,989.00 $ 859,432.00 $ 1,434,432.00 - 5.0 Summary: Difference Annual City Debt (3.1) and Total Financing Available (4.3) 5.1 Total Additional Tax Funded Debt Payment Per Year $ 1,178,206,00 $ 1,132,068.00 6.0 =CIO % Impact 6.2 to Tax Levy' IIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIII $ 6.32 Impact to tax levy (on 3.1) $ 5.15 impact to tax levy (5.1) with financing plan allocations $ 2.90 $ 2.79 Excludes external site servicing requirements which are to be addressed separately by the Works Department 2 Does not include potential CNH revenues J Debt - $87,000 per million applied per year • Impact to tax levy based on 1% increase for every $406,000 in additional debt payments (based on 2006 General Tax Levy) R &C- 2012 -08 NiagaraJalls March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2012 -08 Biodegradable Water Bottle Update RECOMMENDATION: 1. That City Council adopt Staff's definition of a biodegradable single use beverage container describing a product that is certified by the Biodegradable Products Institute (BPI) (that include ASTM D6400 and /or D6868 standards) and US Compost Council. Product must meet standard specifications for use in municipal composting facilities. Product must have BPI logo and/or the Compostable logo that is recognized by the Compost Council of Canada as a product that is certified with the standard CAN /BNQ 0017 -988 included on packaging (attachment #1 and #2). 2. That based on the recommended definition of a biodegradable single use beverage container, the Red Leaf water bottle does not adhere to the recommended definition. 3. And that at this time there is no biodegradable single use beverage container that meets this definition, therefore no biodegradable single use beverage containers can be sold at City facilities. EXECUTIVE SUMMARY The definition of a biodegradable single use plastic beverage container recommended by staff is as follows, a container that is deemed appropriate is to be disposed of in a green organic bin that is provided by the Niagara Region Waste Management Public Works Department to be considered biodegradable. Since disposal of all garbage, recycling and compostable products within the City of Niagara Falls is the responsibility of the Niagara Region Waste Management Public Works Department, products that are acceptable to be discarded in the green organic bin shall be accepted as biodegradable. Niagara Region Waste Management Public Works Department staff have been consulted by City Staff to recommend definition for what is an acceptable biodegradable single use beverage container that can be discarded in their green organic bin. March 27, 2012 BACKGROUND - 2 - R&C- 2012 -08 On February 23, 2009, Council made the decision to eliminate the sale of plastic beverage bottles at City owned facilities and municipal buildings with an implementation date of January 1, 2010. According to Break -A -Way Concession staff, since opening June 2010, concession staff has received several requests for bottled water. Aware of the Council direction to not sell beverages in plastic bottles, the food and beverage provider researched non - plastic and biodegradable container water options. On February 14, 2012, Council directed staff to research and derive a definition for a biodegradable single use beverage container that would be acceptable for sale at public facilities. As directed by City Council, staff researched the validity of what is accepted to be deemed a biodegradable single use beverage container. Research has indicated that most makers of self proclaimed biodegradable plastics do not voluntarily provide 3rd party laboratory reports that indicate concluding results to their claim of 100% biodegradable. Most biodegradable water bottle claims cannot be substantiated. Truly biodegradable plastics are plastics that can decompose into carbon dioxide, methane, water, inorganic compounds, or biomass via microbial assimilation (the enzymatic action of a microorganism). To be considered biodegradable, this decomposition has to be measured by standardized tests and take place within a specified time period. The Niagara Region Waste Management Public Works Department, who is responsible for the process of discarding waste and managing recycling and organic within the City, has been consulted to see what type of biodegradables are acceptable to be discarded in the green organic bins. Currently, Walker Environmental Group is contracted by the Niagara Region to provide the composting service. Walker Environmental Group has been contacted by the Niagara Region to provide a definition of what is an accepted biodegradable product that can be discarded in a green organic bin (attachment #3). The explanation of a biodegradable product from Walker Environmental Group mirrors the definition described that City Staff recommend Council to adopt. Further discussion with Regional Staff has highlighted that the Compost Council of Canada's "Compostable" logo is also recognized and approved for products to be discarded in the green organic bins. Either logo (BPI or Compostable) on product does indicate that the product is green bin friendly. On March 7, 2012, the Mayor's Youth Advisory Committee considered the definition of biodegradable suggested by staff and made the following motion: IT WAS MOVED BY Katie Wyslocky, seconded by Stephanie Philpott, that the Mayor's Youth Advisory Committee support the definition of biodegradable plastic beverage bottles suggested by staff. In order for a plastic beverage bottle to be considered compostable it must be accepted in the municipal green bin composting program. Motion Carried Unanimously March 27, 2012 - 3 - R &C- 2012 -08 ANALYSIS /RATIONALE The rational for adopting this definition of what is a biodegradable single use beverage container is due to the fact that the ultimate responsibility for handling recyclables and compost waste is with the Niagara Region. Guidelines are needed by the Niagara Region and its contractors in order to ensure the City's definition of a biodegradable single use beverage container can be disposed of properly. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Coca -Cola and the City of Niagara Falls have an exclusive three -year agreement (June 1, 2010 to May 31, 2013) that states Coca -Cola is the authorized sole supplier and advertiser of all cold carbonated and non - carbonated beverages with the exclusion of milk products at the Gale Centre, Chippawa Arena and F. H. Leslie Pool Concession. The City cannot permit Break -A -Way Concession, the third -party concession provider to enter into an agreement with another beverage provider. Coca -Cola has informed staff they are unable to provide the City with a single serve water package that is biodegradable. It has been agreed that the sale of water from another supplier will only be allowed up until Coca -Cola has a similar package to offer. Coca -Cola is currently drafting a legal letter to be sent to the City stating this statement (attachment #4). CITY'S STRATEGIC COMMITMENT The Strategic Priority of Healthy and Safe Community, healthy living includes environmental stewardship on behalf of the City. LIST OF ATTACHMENTS 1. BPI logo 2. Compost Council of Canada 3. Correspondence with Niagara Region 4. Correspondence with Coca -Cola Recommended by: Approved by: Kathy Moldenhauer, Acting Director of Recreation & Culture Ken Todd, Chief Administrative Officer Jeff Guarasci - Fw: Logo From: To: Date: Subject: Attachments: ATTACH MENT1 " Habermebl, Catherine" < cathcrinc .habertneblAniagararegion.ca> "'JCluarasei3Oiagarafalls.ca' <JGuarasci djniagarafalls.ca= 3/2/2012 I I :35 AM Fw: Logo C'ompostahlc Fina1.jpg Here is some additional info to add - see below Catherine Habermebl Associate Director, Collection & Diversion Operations Waste Management Services 905 685 4225 ext. 3204 From: Mucciarelli, Silvio Sent: Friday, March 02, 2012 10:20 AM To: Habermebl, Catherine Subject: FW: Logo Page 1 of 2 Catherine, To clarify, this logo attached above is in addition to the BPI logo. Most compostable bag manufacturer will have the BPI logo on their products. r COMP Oy:TABLE draGroredable i INME rr" hc�u:R ra6RR� Silvio From: Mucciarelli, Silvio Sent: Friday, March 02, 2012 9:42 AM To: Habermebl, Catherine Subject: Logo Catherine, Attached is the compostable logo that is also recognized by the Composting Council of Canada. Silvio The Regional Municipality of Niagara Confidentiality Notice The inionnation contained in this communication including any attachments may be confidential, is file: //C:1Documents and Settings\jg341\Local Settings' Temp\. X1'grpw -ise\4F501307DDomain... 3/2/2012 Page 2 of 2 intended only for the use of the recipient(s) named above, and may he legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. file: / /C:: \Documents and Settings\jg 341 \I ocal Settings\TempAPgrpwise \41' 501107DDomain... 3/2/2012 COMPOSTABLE ww. campostableinfo ATTACHMENT 3 Jeff Guarasci - FW: Composting From: "1labermebl, Catherine" .; catherine. haberrnehl`ri!niagararegion.ca> To: "'JGuarascirc%niagarafalls.ca "" <1Guarasci,'ciniagarafalls.ca= Date: 3/1/2012 3:51 PM Subject: FW: Composting Jeff — in response to your vmail, please see the response below from Walkers From: Greg Robles [mallto:GRobles @walkerind.comJ Sent: Thursday, March 01, 2012 3:47 PM To: Cc: Mike Deprez; Habermebl, Catherine; Taylor Webb Subject: RE: Composting Page 1 of 1 We accept Certified Compostable products only as certified by the Biodegradable Products Institute (BPI) and US Compost Council. Biodegradable doesn't necessarily mean products will breakdown in a composting facility. Certified compostable products meet standard specifications for use in municipal composting facilities. This is the symbol to look for: r' COMPOST ABLE diedcprpdable . i rornQnsrirtci ?rciu :w HliFrcs i C.C1 liCI. Here is BPI's web site: http: / /www.bpworld.org( As for RedLeaf, they appear to be biodegradable not compostable. I hope this helps. Let me know if you need more information. The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may he confidential, is intended only for the use of the recipient(s) named above, and may he legally privileged. I f the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. I)ocutnents and Settings\jg341\1.ocal Settings\Temp \XPgrpwise \4F41 c3AE7DOmain... 3/2/2012 6s, �...:i ATTACHMENT 4 Re: City of Niagara Falls, Exclusive Beverage Agreement Date: March 6, 2012 At this time, Coca -Cola does not offer any of its water options in biodegradable packaging to meet the needs of the City of Niagara. I understand that you have sourced an alternate supplier for water for your Gale Centre facility. We will allow this, for water only, up until such time Coca -Cola has a similar package of its own to offer. Accepted and agreed on this date , 2012. City of Niagara Falls Per: Authorized to Sign Gabriella Carobelli Business Development Manager Coca -Cola Refreshments Hamilton, Ontario Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: March 27, 2012 & Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Canada/European Union Comprehensive Economic and Trade Agreement Heather Kelley. VP. of the Niagara Region Labour Council will be addressing Council regarding the Canada/European Union Comprehensive Economic and Trade Agreement. The agreement has received some media attention due to the lack of information surrounding the agreement and the potential impacts (see Toronto Star article) attached. It is unknown if the trade agreement will affect municipalities. Traditionally, with all previous international trade agreements, municipalities have not been required to be a participant. As the Comprehensive Economic Trade Agreement (CETA) is being negotiated between the Federal Government and international jurisdictions, there is no indication that any statements allegedly binding municipalities will have legal status for the said municipalities. Also international trade agreements have not be legislated to be legally applicable to Ontario Broader Public Sector (BPS) Agencies. The Labour Council is proposing Council pass a resolution. Staff would suggest that Council adopt the standard resolution developed for municipalities by AMO. Council is also reminded that Ontario has a legally binding legislation affecting local preference, The Discriminatory' Business Practices Act, RSO 1990 as amended. This act specifically forbids discrimination based upon geographical location thus preventing Ontario ministries and BPS agencies from enacting bylaws which promote geographical local preference business practices. Notwithstanding the above the City of Niagara Falls has requested its bidders and contractors to abide by the spirit of hiring local labour. The following clauses are contained in all City of Niagara Falls tenders for contracts involving labour: Local Labour (Per Item G4, Page SPG 2, Special Provisions, Niagara Peninsula Standard Contract Document, Rev. 11, 2010 -06) The Contractor shall employ only orderly, skillful and competent persons to do the work. The Contractor is requested to consider the hiring of local labour whenever possible and shall give preference to the hiring of local labour within the Regional Municipality of Niagara, provided the labour is available locally and is physically fit and properly qualified by training and experience to meet the Contractor's requirements. The foregoing shall not apply to supervisory staff, major Working Together to Serve Our Community equipment operators, nor shall it apply until ten days after the Contractor has actually commenced operation. Whenever, the Contract Administrator shall inform the contractor in writing that any person or persons on the work are, in the opinion of the Contract Administrator, incompetent or disorderly, such person or persons shall be discharged from the work and shall not again be employed on the work without the consent in writing of the Contract Administrator." RECOMMENDATION: That Council approve the related AMO resolution. (3/22/2012) Dean Iorfida - Niagara Falls Labour Council request for delegation From: To: Date: Subject: Attachments: Kelley Heather <hkelley @iamaw.org> "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> 2/7/2012 12:32 PM Niagara Falls Labour Council request for delegation CETA Niagara Falls.doc I am requesting to present a resolution at the next council meeting on behalf of the Niagara Regional Labour Council and I am attaching the written request and resolution. Thank you Heather Kelley, VP Niagara Regional Labour Council 905 - 871 -7943 hkelley @iamaw.org <mailto: hkelley @iamaw. org> Notice: This message is intended for the addressee only and may contain privileged and /or confidential information. Use or dissemination by anyone other than the intended recipient is strictly prohibited. Page 1 (3/22/2012) Dean lorfida - CETA Niagara Falls.doc Page 2 Niagara Regional Labour Council and the City of Niagara Falls Feb 7, 2012 Comprehensive Economic and Trade Agreement (CETA) RESOLUTION WHEREAS the government of Canada and the European Union have been negotiating a trade agreement known as the Comprehensive Economic and Trade Agreement (CETA); and WHEREAS the European Union and EU -based corporations are insisting on unobstructed access to procurement by subnational governments — including municipalities, school boards, universities, hospitals and other provincial agencies — which could significantly reduce or eliminate the right to specify local priorities when public money is invested in goods, services or capital projects; and WHEREAS Canadian municipalities have expressed growing concerns with trade agreements and their potential impacts on municipal programs and services and local autonomy; and WHEREAS unobstructed access to Canadian municipal procurement by both EU and Canadian corporations, combined with investment protections in CETA on government concessions related to transit, water, electricity and other social services delivered locally may encourage privatization and reduce economic development options for local communities; and WHEREAS the provincial and territorial governments have been actively involved in negotiating CETA with the European Union: (3/22/2012) Dean lorfida - CETA Niagara Falls.doc Page 3 Niagara Regional Labour Council and the City of Niagara Falls Feb 7, 2012 THEREFORE BE IT RESOLVED that the City of Niagara Falls request: • That Ontario issue a clear, permanent exemption for the Regional Municipality of Niagara from the Canada -EU CETA, and it otherwise protect the powers of municipalities, hospitals, school boards, utilities, universities and other sub - federal agencies to use public procurement, services and investment as tools to create local jobs, protect the environment, and support local development; and that • That Ontario disclose its initial procurement, services and investment offers to the EU, explain the impacts CETA would have on municipal governance and give M.U.S.H. sector entities (Municipalities, Universities /Colleges, School Authorities, and Hospital Authorities) the freedom to decide whether or not they will be bound by the procurement, investment and regulatory rules in the agreement; and that • This resolution be sent to the Ontario Municipal Association and the Federation of Canadian Municipalities, the Ontario Hospital Association, the Ontario University Association and the Ontario School Board Association and any other relevant bodies for consideration and circulation. 3 (3/22/2012) Feb 7, 2012 Niagara Falls.doc Niagara Regional Labour Council Chartered by the Canadian Labour Congress City of Niagara Falls Clerk 4310 Queen St., Niagara Falls, ON L2E 6X5 The Niagara Regional Labour Council (NRLC) represents thousands of unionized workers across Niagara. Operating under the umbrella of the Canadian Labour Congress, the NRLC promotes social justice, human rights, fair labour laws, safe workplaces, and is an advocate for issues affecting all workers across Niagara. We have prepared a resolution and are reaching out to the City of Niagara Falls for your support and endorsement. The resolution deals with the Comprehensive Economic Trade Agreement (CETA) which is currently being negotiated by the Canadian Federal Government and the European Union (EU). You may ask what this has to do with the City Council, we believe there are several items in the trade agreement which will directly affect local communities, their policies and the work we perform. We believe that CETA, as it is currently contemplated, would negatively restrict the ability of the City Council, its Area Municipalities, and other public institutions within Niagara to make the procurement decisions necessary to revive the manufacturing economy in the area. We would ask to have an opportunity present our resolution to Council at the February 14h, 2012 meeting or as soon as possible and would ask that Council pass a motion to adopt this resolution on behalf of the citizens of Niagara Falls. I would be glad to answer any questions or concerns you may have at that time. I have attached a copy of our resolution for your review. Thank you in advance for this opportunity to bring this extremely important issue before you on behalf of the workers in the Niagara Region. Respectfully, Heather Kelley, VP Niagara Regional Labour Council PO Box 42, Stn Main, Thorold, Ontario. L2V 3Y7 nrlc.cic @gmail.com Page 1 AMO Canada — EU Comprehensive Economic and Trade Agreement Update �1,trch n ' Association of Municipalities of Ontario Page 1 of HOME PRODUCTS & SERVICES SITE MAP CONTACT LIS LINKS LDGIN LO ,OUT About .tNIO Bents & .%nerds Sustainable SIunicipalities Views Media Policy hues \lea hers & Subscribers Policy 2011 Provincial Election AMC Top 12 Asks AODA Advocacy Breaking News and Policy Updates 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 Cabinet and Shadow Cabinet CETA Economic Development Resources Energy Housing immigration infrastructure Funding Municipal Liability Planning Policy Backgrounders Property Assessment Provincial - Municipal Fiscal & Service Delivery Review Reports and Submissions Status of Bills Waste Management ',Ili it »s V iyo Horne policy Breaking News and uoh;y _iodates Policy Issues • .tttnn nr tlwrH ip.ii tic ■vt Canada - EU Comprehensive Economic and Trade Agreement Update AMO BREAKING NEWS October 5, 2011 Canada - European Union talks toward the Comprehensive Economic and Trade Agreement (CETA) continue to evolve and AMO is committed to updating members with information as available to ensure that discussions regarding CETA by Ontario's local governments are as Informed as possible In our Breaking News of August 15, 2011, we provided members with information on the status of negotiations, areas under discussion in a final deal and resources for members to obtain more in -depth details on the talks. As members may know. CETA negotiations have progressed through eight rounds since they began in 2009 and as many local governments are now aware. access to sub - national (provincial /territorial /municipal) procurement markets for Canadian and European firms w being actively discussed as part of the final deal AMO understands that municipal governments and citizens groups across the province continue to be interested in the progress of the CETA discussions and the potential Impacts on municipalities Members have Informed us that some citizens groups are seeking to make presentations to councils regarding CETA. including a draft resolution for adoption AMO is guided by the multiple interests of municipal governments and local decision making in all matters of policy and administration - interests that consider local autonomy municipal property taxpayer value and the broader economic well -being of communities and Ontario among the myriad of other interests - so that municipalities are safeguarded in any Initiative We recognize that while some members of our communities may have some concerns about the agreement's impact on municipalities and some businesses others are looking to take advantage of the opportunities presented to Ontario businesses by the agreement to grow and diversify trade and operations To help to articulate the interests of municipal governments in trade negotiations generally, and for CETA specifically the Federation of Canadian Municipalities set down some principles to guide the federal government In Its discussions The principles, which were adopted by AMO, require that any deal offer significant opportunities for economic development for our local companies for any limitations that may be accepted In September, the federal Minister of International Trade, the Honourable Ed Fast, attended the FCM meeting in Nelson BC along with Canada's Chief Negotiator for CETA Minister Fast confirmed to FCM at that meeting and in a letter to FCM s President, Berry Vrbanovic that the federal government accepted the principles and that he believed the final CETA deal would conform to them In his letter Minister Fast stated that CETA would not affect municipalities' ability to use procurement selection criteria that Included relevant experience, social and environmental factors and quality nor would it require privatization of municipal services or affect the ability of municipalities to regulate within their jurisdiction Minister Fast also confirmed that municipalities would not be subjected to any disputes under CETA as these would be between the signatories of the agreement the governments of Canada and the European Union AMO considers these statements encouraging and will continue to work with FCM and the next provincial government to ensure the interests of Ontario municipalities are understood and addressed in the final agreement In the meantime, recognizing these developments and the concerns shared by citizens, some AMO members have passed resolutions which encourage the Province of Ontario and the federal government to continue to engage with FCM and AMO to address the interests of our members The resolution is provided below for members to consider and adopt should councils wish to take action on CETA. Whereas the Govemment of Canada and the European Union have been negotiating a trade agreement known as the Comprehensive Economic and Trade Agreement (CETA). And Whereas the Canada - European Union relationship holds great potential for growing Canada s trade and collective prosperity. And Whereas the Council has been made award that some members of our community have concem regarding the impact of CETA negotiations currently underway between Canada and the European Union, And Whereas the (municipality of ) supports the guiding pnnciples as set out by the Federation of Canadian Municipalities (FCM) and endorsed by the Association of Municipalities of Ontano (AMO). Be it Resolved that the (municipality of ) requests the Federal Govemment and the Province of Ontano to continue to ensure that the municipal sectors' interests are represented in the ongoing negotiations. and That the federal govemment's negotiations ensure that the FCM guiding pnnciples will be fully reflected in any trade agreement reached between Canada and the European Union, and http:// wwtiv .amo. on. ca/AM/Template.cfm?Section= Breaking News and Policy_Updatesl... 3/22/2012 AMO Canada — EU Comprehensive Economic and Trade Agreement Update Page 2 of 2 That the federal and Ontano governments provide FCM and AMO with regular detailed updates on the status of the European Union trade negotiations to the fullest extent possible. This resolution be forwarded to the Minister of International Trade, our local MPs. the Premier of Ontario, our local MPPs. the Ontano Minister responsible for Trade and Economic Development, FCM and AMO. AMO Contact: Craig Reid, AMO Senior Policy Advisor, at CReid @amo on ca or 416 971 9856 ext 334 ©2012 Association of Municipalities of Ontario (AMO) All rights reserved Disclaimer; Web Site Privacy Policy; Personal Information Protection Policy, Copyright Policy Images Courtesy of The Ontario Tourism Marketing Partnership Corporation http:// www.amo.on.caiAM /Ternplate.cfm? Section= Breaking_News and_Policy Updates l... 3/22/2012 FCM Backgrounder FCM has developed seven principles for the federal government to apply to CETA or any future trade deal: 1. Reasonable procurement thresholds: Inappropriately low or broad procurement thresholds may force municipalities to tender projects when tendering is neither practical nor financially justified. 2. Streamlined administration: Ensuring that municipal procurement policies are free -trade compliant will likely create new costs and may require specialized expertise. The administrative design of these rules must be as streamlined as possible and developed in close cooperation with municipal procurement practitioners. 3. Progressive enforcement: Enforcing provisions of any deal should be progressive, starting with verbal or public warnings before moving to financial penalties, and should recognize and not penalize inadvertent non - compliance, particularly in cases where municipalities do not have the expertise to appropriate apply the rules. 4. Canadian content for strategic industries or sensitive projects: A trade deal must recognize strategic and public interest considerations before barring all preferential treatment based on country of origin. There may be industries of strategic significance to a particular region, such as transit, or projects where considerations of quality, public benefit, environmental protection or business ethics means that a local government may wish to implement minimum Canadian - content levels. This should be allowed, within reason. 5. Dispute resolution: A dispute - resolution process, like the one in NAFTA, may require a careful review of the municipal role in that process so they can appropriately defend their policies and by -laws as an order of government. 6. Consultation and communications: Consultation and communications during negotiations are required to ensure any resulting agreement responds to municipal concerns. 7. Reciprocity: Canada's negotiating position must support reciprocity in Canadian and foreign municipal procurement practices. Municipalities and the Comprehensive Economic and Trade Agreement (CETA) Trade and Economic Policy Update • Spring 2011 The Canada -EU Comprehensive Economic and Trade Agreement (CETA): A threat to local gov- ernment powers A recent legal opinion commissioned by the Centre for Civic Governance raises troubling questions about the local governance implica- tions of the proposed Canada - European Union Comprehensive Economic and Trade Agree- ment, or'CETA'.1 According to the legal opinion, CETA negotia- tions may be bargaining away the ability of local governments to include local and Canadian con- tent requirements in procurement processes, and may also open the door to privatization of municipal water services. Background A municipality's ability to 'buy local' or 'buy Ca- nadian' can be an important tool for stimulating the local and national economy, and can also be used to protect the environment and foster in- novation. Although Canada has signed on to several international trade agreements since the 1980s, the ability to use buy -local and buy - Canadian policies remained largely intact until this year. 2 But in February 2010, the Canadian government signed a deal with the US (the Canada -US Pro- curement Agreement, or 'CUSPA') that includes measures preventing local governments in Can- ada from giving Canadian or local contractors preference in many municipal construction pro- jects until the fall of 2011. The current CETA negotiations between Canada and the EU seem to be going even further. Le- gal analysis of a leaked draft of the EU's negoti- ating document concludes that if the deal is signed, "local governments will no longer legally be able to give preference to local or Canadian suppliers," and "would bear significant adminis- trative costs and litigation risks" related to po- tential legal challenges from European compa- nies.3 If the deal is signed, it would extremely difficult for Canada to cancel or renegotiate the agreement. Undermining Local Decision Making According to the legal opinion, proposed CETA procurement rules would: Prohibit municipalities from restricting ten- der calls to local or Canadian companies or requiring that bidders use some proportion of local or Canadian goods, services or la- Canadian communities and public services targeted in CETA CETA has implications for all Canadian municipalities, but leaked European Union negotiating documents specifically name many Canadian communities, and public services as targets, including: Airports Toronto, Vancouver, Montreal, Calgary, Edmonton , Winni- peg , St John, Regina, Saskatoon, Charlottetown, Quebec City, Prince George, Kelowna, Victoria, London, Ottawa, Thunder Bay, St John's, Gander, Halifax, Charlottetown, Fredericton, Moncton, Yellowknife, Iqualit, Whitehorse. Public Transit Toronto Transit, Metrolinx (Ontario), Ontario Transit, Societe des Transports de Montreal (STM), Agence Metrepolitaine des Transports (Quebec), Translink Vancouver, OC Transpo (Ottawa), Edmonton Transit System (ETS), Calgary Transit, Winnipeg Transit, Halifax Transit , Saskatoon Transit, Regina Transit, Societe de Transport de Laval, Reseau de Transport de Longueuit, Via Rail, GO Transit. Energy Utilities Ontario Power Generation, BC Hydro, EPCOR (Edmonton), Hydro Ottawa, Hydro Quebec, Newfoundland and Labrador Hydro , Hydro One (formerly Ontario Hydro), Manitoba Hydro - Electric Board, Toronto Hydro, Saskpower, Veridian, Aurora Hydro Connections ltd., Hamilton Hydro, New Brunswick Power Corporation, Manitoba Hydro - Electric Board, Sasken- ergy General public procurement of goods and services All sub - central government entities, including: Ottawa, Toronto, Hamilton, London, Richmond Hilt, Kitch- ener, Vaughan, Brantford, Windsor, Markham, Greater Sud- bury, Burlington, Oakville, Oshawa, St Catherine's- Niagara, Sherbrooke, Thunder bay, Kingston, Barrie, Guelph, Montreal (and /or Ville de Montreal ex -CUM), Quebec, Longueuil, Gati- neau, TroisRivieres, Laval, Chicoutimi - Jonquiere; Calgary, Edmonton, Vancouver, Richmond, Coquitlam, Burnaby, Ab- botsford, Victoria, Kelowna, Winnipeg, Regina, Saskatoon, Halifax, St John's (Newfoundland). CETA could open the door to privatization of municipal water services in Canada by European multinationals. Privatized municipal water systems operated by EU companies have led to poor service, high water prices and corruption scandals. In the past decade, a growing number of French municipalities, are taking their water systems back under public controls bour. This would essentially end the ability of municipalities to use procurement as a local economic or social development tool; Prohibit municipalities from using procure- ment for strategic purposes, such as creat- ing or supporting a market for innovative goods and services, including green tech- nologies if the effect would favour Cana- dian producers or attract investment to Canada; Prohibit municipalities from using procure- ment for sustainable development pur- poses such as promoting food security by adopting "buy local" food practices. Increased costs and legal problems for local governments The legal opinion also points out that CETA would also allow multinational corporations to put intense pressure on municipalities. Under the proposed agreement, unsuccessful corpo- rate bidders will have the right to challenge a municipality's decision in awarding a contract. This could mean significant litigation risks and increased administrative costs as local govern- ments are forced to report on and defend pro- curement choices. There is even a real danger that local governments would have to compen- sate unsuccessful bidders if a court finds that CETA procedures and rules were not strictly observed. Administrative costs: The legal opinion warns that CETA would re- quire municipalities to shoulder administrative costs associated with: Providing the federal government with in- formation and statistics about their pro- curement practices and activities: Publishing detailed notices and announce- ments of intended procurements; Issuing tenders in accordance with CETA procedures and technical specifications; Accounting to unsuccessful suppliers for their procurement decisions; and Defending their actions if challenged, be- fore domestic administrative, judicial and appellate bodies; Legal Risks The opinion also found that proposed CETA rules could slow or derail procurement proc- esses by forcing municipalities to: Provide unsuccessful EU bidders with suffi- cient time to appeal their decisions; Contend with an order suspending the pro- curement pending the resolution of such an appeal; or Pay damages to an unsuccessful bidder or bidders where [municipalities] fail to com- ply with CETA rules. Water at Risk? Another issue identified in the report is the pos- sibility that multinational companies could gain unprecedented access to municipal water ser- vices. While the Canadian government has in the past made efforts to preserve its sovereign control over water when negotiating interna- tional trade agreements, the EU has specifically requested that drinking water services be in- cluded in CETA. This could open the door to pri- vate ownership and operation of municipal wa- ter infrastructure by multinational corpora- tions. The world's two largest multinational pri- vate water companies, GDF Suez and Veolia Water, are both based in the EU, and other large multinational water companies are based in EU countries such as Germany and the UK. According to the legal opinion, "CETA rules would allow a water conglomerate to get its foot in the door whenever a Canadian municipal- ity or covered water utility tenders for any goods (eg. water treatment technology) or services (eg. for engineering, design, construction, or the op- erational services) relating to water supply sys- tems. That contractual relationship could then provide a platform for the company to expand its interests in the water or waste water sys- tems." The report further notes that proposed CETA rules could ultimately lead to "the risk of private entities being able to establish a proprie- tary claim to the water itself.i6 Give municipalities a real say on trade deals Procurement is of crucial importance to munici- palities, and it is troubling that the federal gov- ernment is negotiating CETA behind closed doors without an open, thorough and effective consultation with municipalities and the Cana- dian public. Although CETA is currently in the draft stage of development, the Federal Government is on track to finish negotiations early, and the Fed- eral Trade Minister recently suggested that the final deal could be signed well before the end of 2011.7 Given the high stakes involved in CETA, the Cen- tre for Civic Governance - commissioned legal opinion recommends that the federal govern- ment provide objective information about the costs and benefits tor municipalities, give mu- nicipalities a meaningful place at the table and allow municipalities time to gain public input on the impacts of these changes. Local governments & allies speaking out on CETA Municipalities and other organizations across Can- ada are demanding that the Canadian government addresses their concerns about CETA. In October, the Union of British Columbia Munici- palities (UBCM) annual convention passed a reso- lution asking that the provincial government ne- gotiate a clear, permanent exemption for local governments from CETA (see box below). in September 2010, the Federation of Canadian Municipalities (FCM) passed a resolution calling on the federal government to respect municipal autonomy in trade negotiations with the Euro- pean Union. City councils across Canada, from Burnaby, BC, to Drayton Valley AB, to Lashburn SK, all the way to Lunenburg NS, have been passing resolutions ask- ing that municipalities have a say in CETA negotia- tions. The National Farmers Union has spoken out on CETA, warning that the agreement could prevent municipalities from setting local food preference policies and even extinguish farmers' rights to save and re -use seeds. Read more at vvww.nfu.c� Environmental groups such as the Sierra Club of Canada and the Indigenous Environmental Net- work have joined with farmer, labour and other civil society organizations to declare serious con- cerns about CETA. Union of British Columbia Municipalities resolution on CETA, passed October 2010 WHEREAS the Canadian government has entered into negotiations with the European Union for a comprehensive economic trade agreement; AND WHEREAS European corporations are insisting on full access to procurement by sub national governments - including local governments, school boards, universities, hospitals and other provincial agencies, which could sig- nificantly reduce or eliminate the right to specify local priorities when public money is invested in goods, services or capital projects; THEREFORE BE IT RESOLVED that the UBCM request: • a briefing from the Province of BC on the scope and content of trade negotiations with the European Union; • the Federation of Canadian Municipalities to provide sector -by- sector analysis of the potential impacts on mu- nicipal functions and powers of the procurement regime that the European Union is seeking; • the Federation of Canadian Municipalities to urge the government of Canada not to provide the European Union with access to sub national government procurement; and • that the provincial government negotiate a clear, permanent exemption for local governments from CETA. CETA a threat to local economies The fCM estimates that Canadian municipal governments collectively purchase more than $98 billion per year in goods and services. By opening up this sector to foreign corporations, the CETA would make it harder to keep these dollars circulating in Canada's local, regional and national economies.& Economist Jim Stanford found that CETA would create a huge trade deficit for Canada, resulting in the loss of up to 150,000 Canadian jobs ? CETA would give big European drug companies extended patent rights, resulting in massive cost in- creases for Canadian drug plans, including $1.3- billion per year on taxpayer - funded public drug plans and $1.5- billion on private drug plans. la Hydro Quebec's Research Institute warns that CETA's procurement chapter could Limit the ability of government agencies to use public spending to achieve goals such as economic development and re- gional employment. If CETA had been in place in 2003, Quebec would likely not have been able to insist on 60 per cent provincial content in wind projects. Local content requirements under Ontario's Clean Energy Act could face similar problems under CETA.21 Resources Municipal Procurement Implications of the Proposed Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Legal opinion prepared by Steven Shrybman of Sack Goldblatt Mitchell LLP for the Centre for Civic Gov- ernance at Columbia Institute, May 28, 2010. Avail- able online from www.civicgovernance.ca A Leaked Draft of the CETA text, dated January 2010, can be downloaded from the Trade Justice Network website: tradejustice.ca Negotiating from weakness: Canada -EU trade treaty threatens Canadian purchasing policies and public services, 2010 report by Scott Sinclair for the Cana- dian Centre for Policy Alternatives: www.policyalternatives.ca /projects /trade -and- i nvestment- research - project Out of Equilibrium: The Impact of EU- Canada Free Trade on the Real Economy, October 2010 report for the CCPA by economist Jim Stanford: www.policyaIternatives.ca /publications /reports /out- equilibrium Sources and Endnotes 1 Steven Shrybman (Sack Goldblatt Mitchell LLP), Municipal Procurement Implications of the Proposed Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union Legal opinion prepared by for the Centre for Ovic Governance at Columbia Instdute, May 28, 2010 Available online from www crvlcgovernance.ca/ 2 Local procurement above certain dollar thresholds is already constrained to some extent by the Agreement in Internal Trade (AIT) However, the con- straints imposed by CETA go well beyond those of the AIT, which allow mu- nicrpal procurement to favour Canadian goods and services and which unlike CETA rules, exempt procurement relating to water and water related services 3 Shrybman, 2010 4. A Leaked Draft of the CETA text, dated January 2010, can be downloaded from the Trade Justice Network website. tradelustice ca 5 For more information, see Food and Water Europe, Paris Reclaims Public Water, Backgrounder, March 2010 Available online at foodandwater- watch org /ParisReclarmsWater.pdf 6 Shrybman, 2010 7 Nirmala Menon, "Canada Minister Confident Of EU Trade Pact Before End 2011 ", Wall Street Journal Online, MAY 6, 2010 8. Federation of Canadian Municipalities, "The Benefits of Becoming a Corpo- rate Partner" (2009 brochure). Available online at: www fcm ca /cmfiles/ FCM °420CP %20lnfo App %20En1PBL - 1212008 -2149 pdf 9 Jim Stanford, Out of Equilibrium, CCPA, 2010 www policyalternatnes.ca/ publications /reports /out - equilibrium 10 Andre Picard, 'EU trade deal could cost Canadian drug plans billions " The Globe and Mail. Feb 7, 2011 www theglobeandmail com /life /health /eu- trade - deal -cou ld- cost- canadia n -drug- plans - billions /article 1896747/ 11. Eric Desrosiers 'Libre - echange Canada - Europe - La souverarnete economi- que du Quebec est menacee" " Le Devoir, Jan 29, 2011 www ledevoir com/ economie/ actualites - economiques /315712/libre- echange- canada- europe -la- souverainete-economique du- quebec -est- menacee Co umbia I N S T I T U T E The Centre for Civic Governance is an initiative of the Columbia Institute, a charitable organization focused on nurturing leader- ship for inclusive, sustainable communities. Ste 1200 1166 Alberni Street, Vancouver, BC V6E 3Z3 Phone: 604 - 408 -2500 Fax: 604 - 408 -2525 Web: Email: : . Print Article thestar.c ©m Page 1 of 3 Back to Canada - Europe trade deal prohibits provinces municipalities from favouring local bidders on contracts Canada- Europe trade deal prohibits provinces, municipalities from favouring local bidders on contracts February 24, 2012 Linda Dicbel An impending trade deal with Europe is ringing alarm bells across the country. Under the deal, Canada has agreed to European demands to prohibit municipalities and provinces from offering incentives or otherwise favouring local bidders on procurement contracts The effects on Toronto could be serious: Could the TTC still impose Canadian content rules for its vehicles if faced with a European trade challenge? Could the city continue to ensure certain construction projects hire youths from priority neighbourhoods? Could the city still award food procurement contracts to support local farmers? A special report by city manager Joseph Pennachetti and obtained by the Starraises red flags about its consequences. Under the draft agreement any contracts above $340 000 for goods and services and 58 5 million for construction would be subject to challenge if a European company thought d was being excluded crcre And last week. Toronto's executive committee. armed with the report . asked Ontario to ensure municipal procurement needs are preserved under the trade deal It thereby joined 34 towns and cities across Canada that filed similar protests — some seeking outright exemptions We are alarmed." said city councillor Michael Thompson, an executive committee member. 'We want to take a position that supports free trade (but) we don't want to see our economic independence impacted in a negative way.' said Thompson, adding that the committee's biggest concern is that it doesn't understand the process Under the draft agreement. any contracts above $340,000 for goods and services and $8 5 million for construction would be subject to challenge if a European company thought it was being excluded. Stuart Trew, a Council of Canadians trade campaigner, says the U S. government and states always carve out protection for 'Buy America" policies in their trade deals `But in CETA, Buy Canada' simply disappears over the low thresholds — which seems like a big thing to throw away forever." Councillor Glenn De Baeremaeker who sought a full exemption, argues the deal jeopardizes Toronto's economic future: "There's a Trojan horse outside city hall, it's being invited in and we have no idea at all what's going to happen " The pact is called the Canada /European Union Comprehensive Economic and Trade Agreement (CETA) and its scope is unprecedented. The previous comprehensive deal signed by Canada. the U.S. and Mexico (NAFTA) covers only federal procurement. This time, Europe was "determined" to open up all levels of government, according to the Feb. 2 Pennachetti report . The deal accesses °ABCCDs" — the city's agencies. boards, commissions, corporations and divisions They include the TTC, nursing homes and the water system. And the same rules also apply to provincial agencies for the first time. It may already be too late for exemptions, according to Ontario Economic Development Minister Brad Duguid. "The challenge with exempting municipalities is that, once you start, you might exempt your way right out of an agreement ... It's a slippery slope and not something I would contemplate doing." http: / /www.thestar.com /printarticle /1136423 3/22/1012 Print Article Page 2 of 3 Talks began in 2009 and officials completed their ninth and apparently final round last October, with the agreement expected to be signed by summer The ultimate implications of CETA are difficult to predict," says the Pennachetti report . "This is particularly true given that offers have not been made public and there has been very little analysis shared by federal negotiators about the specific Canadian industries or labour force members that would benefit." Concerned citizens across the country have banded together to fight the deal. They include municipal politicians, activists, farmers . environmentalists, economists, students, teachers and students. In Noelville, in the French River region of Ontario, Julie Dupuis supports her council's decision to seek an exemption. For her, it's deeply personal. She says her great - grandfather was a co- founder of the caisse populaire in an area where coureurs des bois once travelled It's important to buy and hire locally, she says, and ensure residents have control over their own development in such a beautiful environment. Brian McHattie. a Hamilton councillor who spearheaded a successful exemption motion, argues cities will lose their ability to control local hires and value -added benefits. He sees 'large European firms coming in and bidding against us on infrastructure projects or sewage treatment plants and that's a hugely unfair advantage " In Sackville, N.B Merrill Fullerton fought as a rookie councillor for exemption from CETA because he says growing globalization, including more than two decades of trade deals, left his city without foundries and many blue - collar industries. He doesn't blame trade deals alone . but sees a pattern of people pitted against global giants — and losing. International Trade Minister Ed Fast was not available for comment But an aide sent an email. "With one in five Canadian jobs generated by trade we will continue to deepen our trade and economic ties with high growth markets to set the foundations for long -term economic growth in Canada." The Pennachetti report says the deal could provide significant new markets, but that strategies must be in place to ensure "the agreement delivers on promised benefits." It says a Canadian /European study estimates a comprehensive deal will result in an annual GDP increase of $15 6 billion (Canadian) for the EU and about $11 billion for Canada Public policy lawyer Steven Shrybman condemns the secrecy behind this latest deal in Ottawa's brisk march of successive trade and investment deals that also include, talks with China and Japan, along with broader agreements with Pacific nations and more deals with the U S under the umbrella of North American Perimeter talks. 'The whole thing is just outrageous." he said. "What possible justification can they have for doing this all in secret hidden from their own citizens? It's tantamount to writing a new economic constitution for the country and Canadians are being kept out of it " The Pennachetti report examines 'municipal considerations" at risk to trade challenges. including. • Toronto's 'value -based procurement" that mandates that "certain construction projects hire and provide apprenticeship hours to youth from priority neighbourhoods ' • Toronto's local food procurement policy to "reduce the greenhouse gas emissions associated with the provision of food purchased for city operations and facilities. plus support for local farmers " • The TTC policy that states that transit vehicles procured using any sources of provincial funding must have 25 per cent Canadian content, in accordance with provincial requirements. • Strategic procurement that's used to help strengthen and expand Toronto. Ontario and Canada -based companies by "pulling" locally developed innovative services into the marketplace, helping create local jobs and expand the tax base, i.e. Ontario's feed -in tariff program to develop renewable energy that contains a local manufacturing content. Trade disputes go to arbitration panels, not the courts. The report questions whether a challenge under the dispute settlement mechanism would shut down all procurement on a construction project in Toronto. De Baeremaeker says CETA invites European multi - nationals to ignore a city's attempts to impose local incentives because they're toothless For instance he asks what would happen to a municipal ban on selling bottled water at city events if a big European bottler appeared on the scene http://WWW.thestar.com/printarticle/1136423 3/22/2012 Print Article Pate 3 of 3 Municipalities have no place at the bargaining table and must rely on the provinces. The agreement goes beyond public procurement to include investment and services, intellectual property rights. dispute settlement, sustainable development (labour and environment) and regulatory cooperation It gives European companies equal treatment with Canadian companies. Osgoode professor Gus Van Harten. an expert in international investment law, says it's understandable the Pennachetti report cites growing opposition to the accord "This deal isn't an issue of left or right, particularly after the Caterpillar shutdown," he said by phone from Burlington That was a wake -up call I know people in Burlington, very conservative people and all they care about is whether their kids will have jobs." Van Harten believes it's vital Canadians understand that dispute settlement in trade disputes "trumps Canadian legislatures and courts and are all- powerful ... It's been my experience their interests lay on the side of the investor " This is particularly worrisome, he says, because Canada doesn't have the best reputation for fighting back when challenged by big companies. Ottawa paid Abitibi- Bowater $130 million rather than face a challenge under a NAFTA panel for lands, timber and water rights the company claimed they owned when they were expropriated by the Newfoundland government. As a professor at the London School of Economics, he learned the motto for a business conflicts "Whatever you do, don't pull a Canada." http: /'www, . thestar .com /printarticle /1136423 3/22/201 (3/22/2012) Dean lorfida - World Autism Awareness Day Page 2 We at the Foundation are hoping that we can count on you to help us in raising awareness to Autism. You might wish to -light up you business with blue lights -your webpage with blue, blue puzzle pieces and the foundations logo to show you support us -have a dress down day with the proceeds going to our foundation -do your own fundraiser for the day and we can help you with the proceeds going to our foundation A bit about Autism Autism is a developmental disability also called a neurological disorder which affects the functioning of the brain, and also inhibits a person's ability to communicate and develop social relationships. It is often accompanied by behavioral challenges and typically appears during the first three years of life. It ranges in severity from a handicap that limits an otherwise typical life to a devastating disability requiring institutional care. Even with a diagnosis of autism, no two children are alike. Approximately 25 -30 percent may develop a seizure pattern from mild to severe at some period during their life. As many as one in 20 children diagnosed with autism by age 3 could either already have epilepsy or develop epilepsy later in life. "Sudden, unexpected or unexplained death in autism is often, but not always related to epilepsy. Eighty percent of special needs girls and 50% of boys are believed to be abused or molested by age 18. It is estimated that every 20 minutes, another family receives the devastating diagnosis of autism. "So if you don't already know someone with autism, you definitely will soon. On Behalf of the Canadian National Autism Foundation Tina Fougere President & Founder, Canadian National Autism Foundation Tel 905 - 930 -8682 Website: http: / /www.cnaf.net Foundation Email: info @cnaf.net Facebook Group:http: / /www.facebook.com /groups/ Canadian. National. Autism. Foundation/ Foundation Blog: http: / /cnaf. net/blog (3/22/2012) Dean lorfida - World Autism Awareness Day Poster 2012 - 6 jpg Canadian National Autism Foundation Thanks You in advance foi m 0 XI cn Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Business Development BDD- 2012 -04 Kinsmen Court Business Park Sign BDD- 2012 -04 March 27, 2012 RECOMMENDATION: That Council authorize staff to work in partnership with the Kinsmen Court businesses regarding the design, installation and maintenance of a Business Identification sign to be located on Montrose Road at Kinsmen Court. That Council authorize the Mayor and Clerk to sign the agreement with the Region to permit the sign on the Regional road allowance. EXECUTIVE SUMMARY: Staff was contacted by Kinsmen Court business representatives to discuss the installation of a sign highlighting the businesses located behind the MacBain Community Centre. The business node has been difficult for customers and suppliers to find the businesses located in the area. The sign would identify the businesses located on Kinsmen Court. In addition, the sign will have a message board which would be used to promote the business in the park and community events such as Canada Day, Santa Claus Parade, etc. The sign will be located on Montrose Road (Regional Road 98) at Kinsmen Court as per Schedule A. Staff will facilitate the sign application to the Region for approval. The sign will be owned by the City, however, the manufacturing, installation, and maintenance will be donated by Feren Signs on behalf of the Kinsmen Court businesses. BACKGROUND: Businesses representing the Kinsmen Court business node approached City staff regarding the installation of a way- finding sign for the businesses located on Kinsmen Court. Customers and suppliers have had a difficult time locating the business in the node and a business identification and way- finding sign would assist in alleviating the issue. The sign will be located on Montrose Road (Regional Road 98) at Kinsmen Court. Staff have facilitated a similar sign at the Stanley Avenue Business Park. The design, manufacturing, installation, and maintenance of the sign is being donated by Feren Signs who will be acknowledged on the sign. The sign will be owned by the City. March 27, 2012 ANALYSIS /RATIONALE: - 2 - BDD- 2012 -04 Business Development have facilitated a similar sign identification program at the Stanley Avenue Business Park. The businesses in the Kinsmen Court node have advised staff that customers and suppliers have difficulty finding their location. The sign will help to mitigate the issue. In dealing with the Region staff on the issue, they were reluctant to start negotiating with a group of independent business owners which do not have the authority to bind each other to the agreement. Therefore, the City would enter into an agreement with the Region to occupy a portion of the road allowance for the sign which will expedite the process. FINANCIAL /LEGAL IMPLICATIONS: Costs to design, manufacture, install, and maintain the sign will be donated by Feren Signs. CITY'S STRATEGIC COMMITMENT: The recommendation in this report is consistent with Council's Strategic Priorities of Economic Vitality. Recommended by: Respectfully submitted: SF:Ib Serge Felicetti, Director of business Development Ken Todd, Chief Administrative Officer NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -12 Municipal Accounts F- 2012 -12 March 27, 2012 RECOMMENDATION That Council approve the municipal accounts totalling $20,636,684.28 for the period January 25, 2012 to March 7, 2012. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Director of Finance Ken Todd, Chief Administrative Officer Page 1 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 101 DELIVERY 1049517 ONTARIO INC 1186566 ONTARIO INC 0/A TIM HORTON'S 1186566 ONTARIO INC. 0/A TIM HORTON'S 1346704 ONTARIO INC 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATH 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATH 1643722 ONT INC 1655101 ONTARIO INC O/A DR NASIMAL HUQ 1814042 ONTARIO INC 2 GUY'S GLASS INC 2030688 ONTARIO LTD 2095527 ONTARIO LTD 2095527 ONTARIO LTD 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD Al ASPHALT MAINTENANCE AACES CONTRACTING ABBATIELLO,SAMUEL ACTIVE NETWORK LTD ACTIVE NETWORK LTD ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE FIRE CONTROL ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCED OFFICE SOLUTIONS INC AECOM CANADA LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIRON HVAC ALBANESE, LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALT,LORI ALTEC INDUSTRIES LTD ALTEC INDUSTRIES LTD ALZHEIMER SOCIETY AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMERICAN BUS ASSOCIATION ANGLE,BETH APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC ARAMARK ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD 352635 08- Feb -2012 SERVICES 352636 08- Feb -2012 VEH ID# 154 352899 15- Feb -2012 MATERIALS 353209 29 -Feb -2012 MATERIALS 352458 01- Feb -2012 REFUND 352637 08- Feb -2012 SERVICES 352773 15- Feb -2012 SERVICES 352920 22- Feb -2012 MATERIALS 352774 15- Feb -2012 REFUND 353223 01- Mar -2012 CB &FIG- 2010 -003 353224 07- Mar -2012 VEH ID# 199 352922 22- Feb -2012 MATERIALS 352459 01- Feb -2012 LEASES AND RENTS 352460 01- Feb -2012 ANTENNA LICENSE AGREEMENT - J 353086 29 -Feb -2012 LICENSE AGREEMENT FOR THE MC 352921 22- Feb -2012 SERVICES 353087 29- Feb -2012 SERVICES 352638 08- Feb -2012 VEH ID# 352461 01- Feb -2012 SERVICES 352639 08- Feb -2012 MATERIALS 352923 22- Feb -2012 MATERIALS 353088 29- Feb -2012 MATERIALS 353089 29- Feb -2012 CONTRACT SERVICES 353090 29- Feb -2012 CONTRACT SERVICES 352928 22- Feb -2012 MATERIALS 352775 15- Feb -2012 CONTRACT SERVICES 353091 29 -Feb -2012 REFUND 353225 07- Mar -2012 FAIRVIEW SECTION S # 157 352462 01- Feb -2012 EQUIPMENT 352640 08- Feb -2012 MAINTENANCE & SUPPORT 352464 01- Feb -2012 SERVICES 352642 08- Feb -2012 SERVICES 352778 15- Feb -2012 SERVICES 352463 01- Feb -2012 SERVICES 352641 08- Feb -2012 SERVICES 352776 15- Feb -2012 SERVICES 352924 22- Feb -2012 SERVICES 353092 29- Feb -2012 VEH ID# 107 353226 07- Mar -2012 VEH ID# 251 352925 22- Feb -2012 MATERIALS 353227 07- Mar -2012 CONSULTING SERVICES 352466 01- Feb -2012 MATERIALS 352643 08- Feb -2012 SERVICES 352779 15- Feb -2012 SERVICES 352927 22- Feb -2012 MATERIALS 353093 29- Feb -2012 MATERIALS 353228 07- Mar -2012 MATERIALS 352467 01- Feb -2012 MAINTENANCE /REPAIRS 353229 07- Mar -2012 TRAVEUMILEAGE 352644 08- Feb -2012 CONTRACT SERVICES 352929 22- Feb -2012 SERVICES 353094 29- Feb -2012 CONTRACT SERVICES 352645 08- Feb -2012 MATERIALS 352780 15- Feb -2012 MATERIALS 353230 07- Mar -2012 MATERIALS 352930 22- Feb -2012 MATERIALS 352781 15- Feb -2012 MATERIALS 353095 29- Feb -2012 TRAINING 352468 01- Feb -2012 VEH ID# 185 352782 15- Feb -2012 MATERIALS 352783 15- Feb -2012 MATERIALS 352469 01- Feb -2012 PAYROLL REMITTANCE 352784 15- Feb -2012 PAYROLL REMITTANCE 353096 29- Feb -2012 PAYROLL REMITTANCE US DRAFT 26- Jan -2012 MEMBERSHIP 353097 29- Feb -2012 TRAVEUMILEAGE 352646 08- Feb -2012 CONSULTING SERVICES 352933 22- Feb -2012 CONSULTING SERVICES 353231 07- Mar -2012 CONSULTING SERVICES 353232 07- Mar -2012 MATERIALS 352647 08- Feb -2012 MATERIALS 352785 15- Feb -2012 VEH ID# 679 352934 22- Feb -2012 MATERIALS 50 85 2,450 74 80 32 124.64 1,729 72 133.62 109 89 246 78 4.09 20,000.00 141 19 254.70 3,502 86 1,130 00 1,130 00 206 90 454 59 226 00 152.55 4,489 49 107 35 84.75 147,144 95 17,15710 1,539 58 53,931.03 750.00 535 00 3,521 08 1,655.45 678 00 813 60 282 50 683 65 581 95 50.85 536 75 50 85 350 30 1,466 18 6,438 84 2,291 07 2,71324 348.91 3,847 49 2,072 55 946 04 3,892 95 136 24 27,738 87 6,400 89 50,802 43 14 41 26 84 10 74 477.31 1,195.95 200 00 3,215.34 6,720 54 43 33 2,485 20 2,441.60 2,485 20 614 00 128 64 15,248 79 27,487 00 15,302 52 102.55 664 82 504 75 25,082 00 Page 2 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARIVA ARIVA ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ASHLAND CANADA CORP ASHLAND CANADA CORP ASSOCIATION OF ONTARIO ROAD SUPERVISORS ATTRACTIONS ONTARIO ATTN CINDY PHU B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B &13 LIFT TRUCK SERVICE B & C TRUCK CENTRE B & C TRUCK CENTRE BAIOCCO CONSTRUCTION CORPORATION BANK OF MONTREAL BARCLAY & TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BASS,GEORGE BATES,SHAWN BATTLEFIELD EQUIPMENT RENTALS BAUER,OTTO RICHARD BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BENCON DESIGN /BUILD LTD BERNAT,CLARK BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BIGGARS KEY SHOP BLAIR,RICK BOB ROBINSON & SON CONSTRUCTION BONK,KEN BORDEN LADNER GERVAIS BREAK A WAY CONCESSIONS BREAK A WAY CONCESSIONS BREAK A WAY CONCESSIONS BRENNAN PAVING LTD. BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK FORD LINCOLN BRODART CO. BRODERICK & PARTNERS BURDON,JEFF BURGESS,DAVE BURNETT,MIKE BUSINESS COMMUNICATION SERVICES LTD BUTLER,ANGUS CACPT CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,DAVID Cheque No. 353233 353098 352470 352648 353099 353234 352471 352786 352786 352936 353100 353235 352649 352937 352472 352650 352474 352652 352789 352653 352790 353101 352787 352788 353236 352651 352938 352939 352473 352940 352475 352476 352477 352654 352656 352657 352791 352792 353237 352655 353238 352478 352658 352479 352480 352659 352793 352942 353102 352481 353103 352943 353239 352482 353105 352483 352483 352794 352660 352484 352944 353106 352945 353240 352946 352485 352661 352947 352795 353241 352486 352948 353242 352949 Cheque Date 07- Mar -2012 29- Feb -2012 01- Feb -2012 08- Feb -2012 29- Feb -2012 07- Mar -2012 01- Feb -2012 15- Feb -2012 15- Feb -2012 22- Feb -2012 29- Feb -2012 07- Mar -2012 08- Feb -2012 22- Feb -2012 01- Feb -2012 08- Feb -2012 01- Feb -2012 08- Feb -2012 15- Feb -2012 08- Feb -2012 15- Feb -2012 29 -Feb -2012 15- Feb -2012 15- Feb -2012 07- Mar -2012 08- Feb -2012 22- Feb -2012 22- Feb -2012 01- Feb -2012 22- Feb -2012 01- Feb -2012 01- Feb -2012 01- Feb -2012 08- Feb -2012 08- Feb -2012 08- Feb -2012 15 -Feb -2012 15- Feb -2012 07- Mar -2012 08- Feb -2012 07- Mar -2012 01- Feb -2012 08- Feb -2012 01- Feb -2012 01- Feb -2012 08- Feb -2012 15- Feb -2012 22- Feb -2012 29- Feb -2012 01- Feb -2012 29- Feb -2012 22- Feb -2012 07- Mar -2012 01- Feb -2012 29- Feb -2012 01- Feb -2012 01- Feb -2012 15- Feb -2012 08- Feb -2012 01- Feb -2012 22- Feb -2012 29- Feb -2012 22- Feb -2012 07- Mar -2012 22- Feb -2012 01- Feb -2012 08- Feb -2012 22- Feb -2012 15- Feb -2012 07- Mar -2012 01- Feb -2012 22- Feb -2012 07- Mar -2012 22- Feb -2012 Purpose VEH ID# 422 VEH !D# 437, 449 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES TRAINING MEMBERSHIP VEH ID# 211 MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES REFUND -WATER PYMT MADE TO CI MATERIALS SERVICES REFUND REFUND MATERIALS REFUND SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MAINTENANCE /REPAIRS TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND SERVICES REFUND SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS SERVICES MATERIALS MATERIALS SERVICES MATERIALS REFUND VOLUNTEER AWARD A FIFTIES THE ADVERTISING REFUND MEMBERSHIP SERVICES SERVICES REFUND Amount 1,165 68 46 60 2,203 76 74.69 1,126 66 1,089.30 850.77 909.65 28 25 141 25 33 90 62 15 498 24 498.24 2,018 29 141 25 915 30 708 04 133.49 649 48 45 67 55,746 05 74.74 316 34 5,989 00 150 00 129 36 1,082 09 368.78 168 25 69 97 98 25 1,100 00 134 94 318 10 6,506 59 17 51 318 10 204 91 113.00 113.00 2,712 00 335.24 330 00 305.17 62.83 1,799 14 199 95 223.74 90.40 200.58 135 41 1,087.63 150 00 14,533.66 3,754.75 161 03 718.12 29,707 44 1,864 76 164.75 1,754 02 2,040 93 62.43 4,099.65 188 13 150.00 150 00 6,102.00 150 00 170 00 141.25 1,915 35 109.98 Page 3 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADA POST CORPORATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LAW ENFORCEMENT ORGANIZATION CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANASTRAROJUSTIN CANAVAN,WENDY CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L P. CANPAR TRANSPORT L CANPAR TRANSPORT L.P. CANPAR TRANSPORT L P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L P. CANQUEST COMMUNICATIONS (WIRELESS) INC. CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CARR MCLEAN CARR MCLEAN CARRICK,MARZENNA CARRICK,MARZENNA CARRIERE,RYAN CARSWELL CARSWELL CARSWELL CARSWELL CASTLE MECHANICAL CASTLE MECHANICAL CATARACT COLLISION CENTRE CEDAR INFRASTRUCTURE PRODUCTS INC CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL COMMUNICATIONS CENTRAL COMMUNICATIONS CENTRE COURT CAFE CHAMBER OF COMMERCE NIAGARA FALLS CHAPTER 2 BLASTING CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES,TRACY CHARNOCK,SIMON CHIPPAWA PUBLIC DOCK COMMITTEE CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOC CIBC ELECTRONIC BANKING OPERATIONS CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF ST CATHARINES CITYGREEN C -MAX FIRE SOLUTIONS COGECO CABLE CANADA LP COGECO CABLE CANADA LP COLLABORATIVE STRUCTURES LIMITED COLLABORATIVE STRUCTURES LIMITED COMMERCIAL DIGITAL PRINT INC COMMERCIAL SOLUTIONS INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES Cheque No Cheque Date Purpose Amount 352664 08- Feb -2012 352662 08- Feb -2012 352950 22- Feb -2012 353243 07- Mar -2012 352487 01 -Feb -2012 352489 01- Feb -2012 352797 15- Feb -2012 352951 22- Feb -2012 353109 29- Feb -2012 353245 07- Mar -2012 353110 29- Feb -2012 352796 15- Feb -2012 352796 15- Feb -2012 352491 01 -Feb -2012 352665 08- Feb -2012 352800 15- Feb -2012 352954 22- Feb -2012 353112 29- Feb -2012 353247 07- Mar -2012 352488 01- Feb -2012 353108 29- Feb -2012 352490 01- Feb -2012 352490 01- Feb -2012 352663 08- Feb -2012 352798 15- Feb -2012 352798 15- Feb -2012 352952 22- Feb -2012 353111 29- Feb -2012 353246 07- Mar -2012 352953 22- Feb -2012 352492 01- Feb -2012 352955 22- Feb -2012 353113 29- Feb -2012 352801 15- Feb -2012 352667 08- Feb -2012 352956 22- Feb -2012 352666 08- Feb -2012 353114 29- Feb -2012 352493 01- Feb -2012 352495 01- Feb -2012 352803 15- Feb -2012 352957 22- Feb -2012 353249 07- Mar -2012 352668 08- Feb -2012 352958 22- Feb -2012 352669 08- Feb -2012 353115 29- Feb -2012 353116 29- Feb -2012 352670 08- Feb -2012 353250 07- Mar -2012 353117 29- Feb -2012 352960 22- Feb -2012 353251 07- Mar -2012 352671 08 -Feb -2012 352805 15- Feb -2012 353118 29- Feb -2012 353252 07- Mar -2012 352496 01- Feb -2012 352634 07- Feb -2012 352672 08- Feb -2012 352673 08- Feb -2012 352497 01- Feb -2012 352498 01- Feb -2012 353119 29- Feb -2012 352499 01- Feb -2012 352961 22- Feb -2012 352500 01- Feb -2012 353253 07- Mar -2012 352501 01- Feb -2012 352674 08- Feb -2012 353120 29- Feb -2012 352675 08- Feb -2012 353254 07- Mar -2012 352502 01- Feb -2012 SERVICES -BAG SERVICE MATERIALS MATERIALS MATERIALS TRAINING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES INTERNATIONAL BRIDGE MAINENAI• CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES LEASES AND RENTS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEL /MILEAGE REFUND MATERIALS MATERIALS ON LINE CHARGES MATERIALS MATERIALS SERVICES VEH ID# 18 MATERIALS CONTRACT SERVICES SERVICES SERVICES MATERIALS STATE OF THE CITY LUNCHEON SERVICES MATERIALS MATERIALS MATERIALS REFUND - PARKING TICKET C014317 REFUND ADVANCE MATERIALS REFUND SERVICES LEASES AND RENTS MATERIALS MATERIALS MATERIALS SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES 813.60 418 10 1,130.00 226 00 550 00 381.66 331 28 520 50 252.86 252 86 3,774 87 39,138 48 1,10591 4.928 55 41,668 72 54,570 49 4,977 40 36,226 87 67,370 39 66 51 130.44 4.31 24 42 32.59 431 17.24 25.86 45.03 14 13 1,977.50 1,453 64 4,503 01 226.00 1,241 82 78 36 363 35 131 56 113 88 96 04 389.70 246 26 4,291.22 139.60 3,470 26 468 95 2,013 89 1,437 36 3,475.64 423 75 423.75 1,061 58 361 60 734.50 332 76 342 54 3,753 86 20.00 100 00 7,098 88 286.17 127 60 314.94 1,796.70 165.00 3,256 21 321.76 847 50 847 50 878,130 71 95,423.82 44.97 80 19 842 98 4,074.46 Page 4 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPUGEN INC CONDOTTA MERRETT & CO INSURANCE BROKERS CONTINENTAL TIRE CANADA INC CORRADI,JOE COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRE -8 -IT SIGNS CRECAN INTERNATIONAL LIMITED (EXPOGRAPHIQ) CRECAN INTERNATIONAL LIMITED (EXPOGRAPHIQ) CRI FIRE PROTECTION INC. CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN INC D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D M. HENDERSON IN TRUST, DAFCO FILTRATION GROUP DAISY MART DARCH FIRE DARCH FIRE DARDAN CONTRACTING LIMITED DAVIDSON ENVIRONMENTAL DAVIDSON,ANGELA DAVIDSON,ANGELA DAY TIMERS OF CANADA LTD DAY TIMERS OF CANADA LTD DECARIA,RON DELCAN CORPORATION DELL CANADA INC DEMAR CONSTRUCTION DEMOL'S TIRE SALES & SERVICE DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESORMEAUX,LARRY DEVINE & ASSOCIATES LTD DEVINE & ASSOCIATES LTD DICAN INC - DIGITAL INSTRUMENTS CANADA INC DIODATI,JIM DIODATI,JIM DIODATI,JIM DISTRICT SCHOOL BOARD OF NIAGARA DJURIC,GORAN DR GHAZANFAR,AHMED DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DTZ BARNICKE NIAGARA LIMITED DUERKSEN,ANGELA DULUX PAINTS E3 LABORATORIES EASTGATE TRUCK CENTRE ECO SOLUTIONS (MILTON) INC EDWARDS,KATHRYN ELECTRICAL SAFETY AUTHORITY ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE Cheque No Cheque Date Purpose 352502 01- Feb -2012 CONTRACT SERVICES 352806 15- Feb -2012 CONTRACT SERVICES 353121 29- Feb -2012 CONTRACT SERVICES 352962 22- Feb -2012 LICENCE 352503 01- Feb -2012 ENDORSEMENT 353255 07- Mar -2012 MATERIALS 353256 07- Mar -2012 REFUND 352963 22- Feb -2012 MATERIALS 352504 01- Feb -2012 SERVICES 352807 15- Feb -2012 SERVICES 353122 29- Feb -2012 MATERIALS 352676 08- Feb -2012 CONTRACT SERVICES 353123 29- Feb -2012 CONTRACT SERVICES 353124 29- Feb -2012 SERVICES 352505 01- Feb -2012 MATERIALS 352677 08- Feb -2012 MATERIALS 352965 22- Feb -2012 MAINTENANCE /REPAIRS 352506 01- Feb -2012 PAYROLL REMITTANCE 352809 15- Feb -2012 PAYROLL REMITTANCE 353125 29- Feb -2012 PAYROLL REMITTANCE 352678 08- Feb -2012 REPLENISH ACCT # 98030007 352817 15- Feb -2012 SERVICES 352971 22- Feb -2012 SERVICES 352682 08- Feb -2012 DEPOSIT FUNDS 2011 -156 353258 07- Mar -2012 MATERIALS 352679 08- Feb -2012 REFUND 352966 22- Feb -2012 VEH ID# 536, 535 353126 29- Feb -2012 VEH ID# 535 353259 07- Mar -2012 CONTRACT SERVICES 352967 22- Feb -2012 MATERIALS 352810 15- Feb -2012 TRAVEUMILEAGE 352968 22- Feb -2012 TRAINING 352811 15- Feb -2012 MATERIALS 352811 15- Feb -2012 MATERIALS 353260 07- Mar -2012 REFUND 352812 15- Feb -2012 CONTRACT SERVICES 353127 29- Feb -2012 COMPUTER 352813 15- Feb -2012 CONTRACT SERVICES 352969 22- Feb -2012 MATERIALS 352680 08- Feb -2012 SERVICES 352814 15- Feb -2012 MATERIALS 353128 29- Feb -2012 MATERIALS 352815 15- Feb -2012 MATERIALS 352816 15- Feb -2012 MATERIALS 353261 07- Mar -2012 MATERIALS 352681 08- Feb -2012 MATERIALS 352507 01- Feb -2012 TRAVEUMILEAGE 352507 01- Feb -2012 TRAVEUMILEAGE 352970 22- Feb -2012 REFUND 352919 17- Feb -2012 DEPOSIT 352508 01- Feb -2012 REFUND 352926 22- Feb -2012 COMPUTER 352509 01- Feb -2012 CONTRACT SERVICES 353129 29- Feb -2012 SERVICES 352510 01- Feb -2012 MATERIALS 352683 08- Feb -2012 SERVICES 352511 01- Feb -2012 TRAVEUMILEAGE 352818 15- Feb -2012 MATERIALS 352972 22- Feb -2012 SERVICES 353262 07- Mar -2012 VEH ID# 82 352819 15- Feb -2012 MATERIALS 352513 01- Feb -2012 TRAVEL/MILEAGE 352685 08- Feb -2012 SERVICES 352973 22- Feb -2012 CONSULTING SERVICES 352514 01- Feb -2012 MATERIALS 352974 22- Feb -2012 MATERIALS 353263 07- Mar -2012 MATERIALS 352975 22- Feb -2012 REMITTANCE 352515 01- Feb -2012 UTILITIES 352686 08- Feb -2012 UTILITIES 352820 15- Feb -2012 UTILITIES 352976 22- Feb -2012 UTILITIES 353130 29- Feb -2012 UTILITIES 353131 29- Feb -2012 UTILITIES Amount 18,869.51 21,882.95 22,548.58 1,154 65 232 20 3,340 37 101.51 1,71741 1,056.10 3,951 00 13,436 83 36,756 28 102,002 33 226 00 110 24 1,348.20 3,709 65 7,625 02 7,567.28 7,612 45 500 00 942 59 1,854 33 25,000 00 1,561 65 67.90 479 12 201 03 2,710 87 94.92 214 24 500 00 61.83 74.02 150 00 9,172 81 11,238.98 213,339.41 8,741 45 468 38 676.76 9,421 64 85 00 2,244 18 1,290 46 1,310 80 1,393 45 1,155 00 100.00 25,000.00 124 29 3,343 32 263 62 233 47 310 07 1,290.15 128 96 481.46 2,770 92 353 04 4,237.50 198 49 1,939 08 11,230.82 144 58 1,532 28 1,648 04 39,973.08 203.36 18,535 14 8,418.02 2,775 36 19,019.19 4,109 81 Page 5 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENBRIDGE GAS DISTRIBUTION INC ENNS,GEORGE ETHERINGTON,DAVE EVANOFF,VICTOR EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FARMERS MARKETS ONTARIO FARRELL,PETE FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEREN SIGNS & AWNINGS LTD FILICE,DOMENICO FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORIO,MIRELLA FORLIN,KATHY FOX,SPENCER FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRANKLIN INSTITUTE GALES GAS BARS GALT MACHINE KNIFE & SAW GAMMA - DYNACARE MEDICAL LABORATORIES GAULEY,ROBERT (DAN) GENIVAR CONSULTANTS LIMITED PARTNERSHIP GENIVAR CONSULTANTS LIMITED PARTNERSHIP GIURA BROTHERS GLOBAL CORPORATE XPANSION GLOBALSTAR CANADA SATELLITE CO GNGH FOUNDATION GOFF,JACKLINE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT GULF (TORONTO 2000) GREATER FORT ERIE CHAMBER OF COMMERCE GREATER NIAGARA RADIATORS GRIFFIN LANDSCAPING GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED H D UTILITIES SUPPLY H2OPTS NALCO MOBILE MFG SALES & SERVICE INC Cheque No. Cheque Date Purpose 353264 07- Mar -2012 UTILITIES 352516 01- Feb -2012 UTILITIES 353265 07- Mar -2012 UTILITIES 353266 07- Mar -2012 REFUND 353267 07- Mar -2012 TRAVEUMILEAGE 352821 15- Feb -2012 TRAVEUMILEAGE 352687 08 -Feb -2012 SERVICES 353132 29- Feb -2012 SERVICES 353268 07- Mar -2012 SERVICES 352517 01- Feb -2012 VEH ID# 71 352518 01- Feb -2012 MATERIALS 352518 01- Feb -2012 MATERIALS 352822 15- Feb -2012 SERVICES 353133 29 -Feb -2012 SERVICES 353269 07- Mar -2012 MATERIALS 353270 07- Mar -2012 MEMBERSHIP 353271 07- Mar -2012 REFUND 352519 01- Feb -2012 MATERIALS 352688 08- Feb -2012 MATERIALS 352823 15- Feb -2012 MATERIALS 352977 22- Feb -2012 MATERIALS 353134 29- Feb -2012 MATERIALS 353272 07- Mar -2012 MATERIALS 353135 29- Feb -2012 SERVICES 353136 29- Feb -2012 REFUND 352520 01- Feb -2012 MEMBERSHIP 352521 01- Feb -2012 MATERIALS 352824 15- Feb -2012 MATERIALS 352522 01- Feb -2012 MATERIALS 352689 08- Feb -2012 MATERIALS 352825 15- Feb -2012 MATERIALS 352979 22- Feb -2012 MATERIALS 353137 29- Feb -2012 MATERIALS 353273 07- Mar -2012 MATERIALS 352523 01- Feb -2012 CB &FIG - 2011 -009 352826 15- Feb -2012 TRAVEL/MILEAGE 352980 22 -Feb -2012 REFUND 352827 15- Feb -2012 REMITTANCE 352981 22- Feb -2012 REMITTANCE US DRAFT 28- Feb -2012 MUSEUM EXHIBIT RENTAL 352982 22- Feb -2012 FUEL 352983 22- Feb -2012 SERVICES 353274 07- Mar -2012 SERVICES 352524 01- Feb -2012 TRAVEUMILEAGE 352690 08- Feb -2012 SERVICES 353138 29- Feb -2012 SERVICES 353276 07- Mar -2012 MATERIALS US DRAFT 28- Feb -2012 BUSINESS DEVL ADVERTISING 352691 08- Feb -2012 SERVICES 352829 15- Feb -2012 ADMINISTRATIVE 353139 29- Feb -2012 REFUND ROLL 352526 01- Feb -2012 MATERIALS 352828 15- Feb -2012 MATERIALS 352985 22- Feb -2012 MATERIALS 353140 29- Feb -2012 MATERIALS 352830 15- Feb -2012 REFUND 353277 07- Mar -2012 MATERIALS 352692 08- Feb -2012 MAINTENANCE /REPAIRS 353278 07- Mar -2012 SERVICES 352527 01 -Feb -2012 CONTRACT SERVICES 352693 08- Feb -2012 CONTRACT SERVICES 352694 08- Feb -2012 CONTRACT SERVICES 352831 15- Feb -2012 SERVICES 353141 29- Feb -2012 CONTRACT SERVICES 353279 07- Mar -2012 CONTRACT SERVICES 352528 01- Feb -2012 MATERIALS 352695 08- Feb -2012 MATERIALS 352832 15- Feb -2012 MATERIALS 352986 22- Feb -2012 MATERIALS 353142 29- Feb -2012 MATERIALS 353280 07- Mar -2012 MATERIALS 352834 15- Feb -2012 MATERIALS 352529 01- Feb -2012 MATERIALS 352833 15- Feb -2012 LEASES AND RENTS Amount 17,991.56 4,764 43 3,312 78 750 00 72.80 160 00 169 50 307 36 413 58 4,073 82 3,117 11 366.50 451 21 93 23 171 42 141.25 135.41 1,281 51 608.37 248.14 787 49 1,275 75 59 14 920 27 750 00 100 00 628 26 3,194 83 1,252 69 520.88 1,029 30 2,020 80 399 05 1,795.93 10,000 00 138 84 2,714 58 105,667 66 12,031.90 10,000.00 37 90 406.80 170 03 118 56 1,11410 2,886 90 689 30 400.00 139 89 650 00 2,427 51 2,581 90 369 49 2,128 70 2,959 13 5,657 00 4,000 00 3,683.80 3,616.00 25,494 03 24,749.02 1,194 85 347 27 868.19 26,906.40 2,674 33 622 42 2,236 30 62 00 2,541 34 1,612 14 175.15 666.70 621.50 Page 6 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HARVEY BEAM EXCAVATING HEAT DESIGN EQUIPMENT LTD HEMSON CONSULTING LTD HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HOLMAN,GEOFF HOLMAN,GEOFF HYDRO ONE NETWORKS INC 181 GROUP IBI GROUP ICECO ADVANCED ARENA PRODUCTS INNOVATIVE SURFACE SOLUTIONS CANADA INNOVATIVE SURFACE SOLUTIONS CANADA INSPEC SOL INC. INSPEC SOL INC. INSPEC SOL INC. INSPEC SOL INC. INTACT INSURANCE COMPANY INTEGRATED MUNICIPAL SERVICES INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS INTERFLEET INC INTERFLEET INC IORFIDA,DEAN IRON TRIO INC J & B PROCESS SERVING INC J & B PROCESS SERVING INC J & B PROCESS SERVING INC J A.L S CORPORATION JACKET CELLAR THE JACKSON,DAVE JACKSON,DAVE JACKSON,DAVE JARDINE LLOYD THOMPSON CANADA LTD JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHN O'KANE JOHNNY RAG JOHNNY ROCCO'S ITALIAN GRILL JONES,CATHY JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS KEITH LAY ENTERPRISES KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENMORE HOMES (NIAGARA FALLS) INC KENMORE HOMES (NIAGARA FALLS) INC KOPP,ARAN KRAMER DESIGN ASSOCIATES LIMITED KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK KROWN RUST CONTROL KROWN RUST CONTROL KROWN RUST CONTROL KROWN RUST CONTROL KROWN RUST CONTROL L WALTER & SONS EXCAVATING (2008) LTD. Cheque No. Cheque Date Purpose 352987 22- Feb -2012 LEASES AND RENTS 353281 07- Mar -2012 SERVICES 352988 22- Feb -2012 SERVICES 353143 29- Feb -2012 PETTY CASH 352696 08- Feb -2012 CONTRACT SERVICES 353144 29- Feb -2012 VEH ID# 624 352989 22- Feb -2012 SERVICES 352530 01- Feb -2012 MATERIALS 352835 15- Feb -2012 MATERIALS 352990 22- Feb -2012 MATERIALS 353282 07- Mar -2012 MATERIALS 352698 08- Feb -2012 TRAVEUMILEAGE 353283 07- Mar -2012 TRAVEUMILEAGE 353145 29- Feb -2012 UTILITIES 352700 08- Feb -2012 CONTRACT SERVICES 353146 29- Feb -2012 CONSULTING SERVICES 353147 29- Feb -2012 MATERIALS 352838 15- Feb -2012 MATERIALS 353284 07- Mar -2012 MATERIALS 352532 01- Feb -2012 SERVICES 352701 08- Feb -2012 SERVICES 352839 15- Feb -2012 SERVICES 352991 22- Feb -2012 SERVICES 353285 07- Mar -2012 INSURANCE POLICY 353149 29- Feb -2012 REFUND 353150 29- Feb -2012 MATERIALS 352533 01- Feb -2012 SERVICES 352992 22- Feb -2012 SERVICES 353151 29- Feb -2012 TRAVEUMILEAGE 352993 22- Feb -2012 REFUND 352996 22- Feb -2012 SERVICES 353153 29- Feb -2012 SERVICES 353288 07- Mar -2012 SERVICES 352534 01- Feb -2012 REFUND 352994 22- Feb -2012 MATERIALS 352702 08- Feb -2012 TRAVEUMILEAGE 352702 08- Feb -2012 TRAVEUMILEAGE 353286 07- Mar -2012 TRAVEUMILEAGE 352995 22- Feb -2012 MATERIALS 352840 15- Feb -2012 SERVICES 353152 29- Feb -2012 SERVICES 353287 07- Mar -2012 SERVICES 353154 29- Feb -2012 SERVICES 352841 15- Feb -2012 MATERIALS 352587 01- Feb -2012 MATERIALS 352535 01- Feb -2012 REFUND 352536 01- Feb -2012 TICKET REVENUE - CLEARING 352703 08- Feb -2012 TICKET REVENUE - CLEARING 352842 15- Feb -2012 TICKET REVENUE - CLEARING 352997 22- Feb -2012 TICKET REVENUE - CLEARING 353155 29- Feb -2012 ADVERTISING 353156 29- Feb -2012 TICKET REVENUE - CLEARING 353289 07- Mar -2012 TICKET REVENUE - CLEARING 353157 29- Feb -2012 MATERIALS 352538 01- Feb -2012 CONTRACT SERVICES 352704 08- Feb -2012 CONTRACT SERVICES 352704 08- Feb -2012 CONTRACT SERVICES 352844 15- Feb -2012 CONTRACT SERVICES 352844 15- Feb -2012 CONTRACT SERVICES 352998 22- Feb -2012 CONTRACT SERVICES 353158 29- Feb -2012 CONTRACT SERVICES 353290 07- Mar -2012 CONTRACT SERVICES 352537 01- Feb -2012 REFUND BP- 2009 -0719 352843 15- Feb -2012 REFUND BP- 2009 -0127 353159 29- Feb -2012 REFUND 353160 29- Feb -2012 CONTRACT SERVICES 353000 22- Feb -2012 CONTRACT SERVICES 352845 15- Feb -2012 TRAVEUMILEAGE 352539 01- Feb -2012 VEH ID# 61 352705 08- Feb -2012 VEH ID #157 352846 15- Feb -2012 VEH ID# 652 353161 29- Feb -2012 VEH ID# 136 353291 07- Mar -2012 VEH ID# 324 352711 08- Feb -2012 CONTRACT SERVICES Amount 84 75 367.25 1,762 80 956.84 4,068.00 875.75 5,840.12 119 96 253 73 101.30 7 16 164 28 102.44 646,186 64 227,875 80 25,354 94 757.78 4,511 72 4,556 87 48,953.86 841 85 7,984 58 1,073 50 3,493 16 250.00 2,244 54 4,077 24 4,006 95 154 96 108 00 186 45 39 55 39 55 750 00 175 15 74 88 82 16 110.76 7,474.68 271.20 442 96 745.80 4,025 07 417 64 565 00 124 29 4,680 00 2,950 00 3,102 00 2,942 00 150 00 2,958.00 6,060.00 859.70 3,115 92 364 99 5,108 73 717.55 4,090 49 5,712.72 3,940.31 9,746 14 750.00 750.00 80.00 9,040 00 2,260.00 150.00 169.44 514 03 881 04 299.33 158 14 1,231 70 Page 7 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name L WALTER & SONS EXCAVATING (2008) LTD. LAERDAL MEDICAL CANADA LTD LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAKE'S MAINTENANCE LAKE'S MAINTENANCE LANGENDOEN HOMES LTD LINCOLN APPLIANCE SERVICE CENTRE INC LINCOLN APPLIANCE SERVICE CENTRE INC LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIQUID INDUSTRIES CANADA LMCBO GROUP LONDON TRANSIT COMMISSION LUEY,CATHERINE M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MAIN & FERRY BIA MANIFOLD DATA MINING INC MANOR CLEANERS MAPLE LEAF COLLISION CENTRE MARSILI,MIKE MARTENS,TOM MARVEL SIGN & DISPLAY INC MAYHEW & ASSOCIATES (BURLINGTON) INC MCCONNELL,LUCILLE MCLAUGHLIN,SCOTT MCNAMARA,SUSAN MCRAE,LINDA MEDIA PRO INC MEDIA PRO INC MERIDIAN CREDIT UNION METRO COLLISION SERVICES INC METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING MEYER,CHRISTEL MEYER,CHRISTEL MG PROMOTIONS MICK AND ANGELO'S PREHISTORIC OLDTIMERS HOCKEY CLUB MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISTER CHEMICAL LTD. MJC CONTRACTING AND CONSULTING INC MMM GROUP LIMITED MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MORGAN,DAVE MOROCCO,JOHN MOROCCO,JOHN MOTOR COACH INDUSTRIES LIMITED MR QUICK SOFT CLOTH Cheque No Cheque Date Purpose 353167 29- Feb -2012 CONTRACT SERVICES 353292 07- Mar -2012 TRAINING 352847 15- Feb -2012 MATERIALS 353293 07- Mar -2012 MATERIALS 353294 07- Mar -2012 REFUND 352706 08- Feb -2012 MAINTENANCE /REPAIRS 353295 07- Mar -2012 MATERIALS 352707 08- Feb -2012 REF BP- 2011 -0390 352709 08- Feb -2012 MAINTENANCE /REPAIRS 353163 29- Feb -2012 MAINTENANCE /REPAIRS 352541 01- Feb -2012 MATERIALS 352542 01- Feb -2012 FUEL 352710 08- Feb -2012 FUEL 353001 22- Feb -2012 FUEL 353164 29- Feb -2012 FUEL 353297 07- Mar -2012 FUEL 353165 29- Feb -2012 MATERIALS 352849 15- Feb -2012 MEMBERSHIP 353166 29- Feb -2012 MATERIALS 353002 22- Feb -2012 TRAINING 352553 01- Feb -2012 MATERIALS 352859 15- Feb -2012 MATERIALS 352552 01- Feb -2012 SERVICES 352713 08- Feb -2012 SERVICES 353172 29- Feb -2012 SERVICES 353085 24- Feb -2012 GRANT 353003 22- Feb -2012 SUBSCRIPTION 353004 22- Feb -2012 SERVICES 353005 22- Feb -2012 VEH ID# 112 353168 29- Feb -2012 REFUND 352850 15- Feb -2012 MATERIALS 352543 01- Feb -2012 MATERIALS 353006 22- Feb -2012 MATERIALS 352852 15- Feb -2012 TRAVEUMILEAGE 353298 07- Mar -2012 REFUND 352853 15- Feb -2012 TRAVEUMILEAGE 353299 07- Mar -2012 ADMINISTRATIVE 352544 01- Feb -2012 MATERIALS 353007 22- Feb -2012 MATERIALS 353300 07- Mar -2012 REFUND 353301 07- Mar -2012 MATERIALS 352855 15- Feb -2012 MATERIALS 352856 15- Feb -2012 CONTRACT SERVICES 352856 15- Feb -2012 CONTRACT SERVICES 353008 22- Feb -2012 CONTRACT SERVICES 353009 22- Feb -2012 TRAVEUMILEAGE 353169 29- Feb -2012 TRAVEUMILEAGE 352545 01- Feb -2012 MATERIALS 353170 29- Feb -2012 ADVERTISING 352548 01- Feb -2012 PAYROLL REMITTANCE 352549 01- Feb -2012 PAYROLL REMITTANCE 353011 22- Feb -2012 PAYROLL REMITTANCE 353012 22- Feb -2012 PAYROLL REMITTANCE 353302 07- Mar -2012 REMITTANCE 352712 08- Feb -2012 TRAINING 352547 01- Feb -2012 PAYROLL REMITTANCE 352857 15- Feb -2012 PAYROLL REMITTANCE 353171 29- Feb -2012 PAYROLL REMITTANCE 352550 01- Feb -2012 MATERIALS 352551 01- Feb -2012 CONTRACT SERVICES 353013 22- Feb -2012 CONSULTING SERVICES 352554 01- Feb -2012 SERVICES 353014 22- Feb -2012 SERVICES 353303 07- Mar -2012 SERVICES 352714 08- Feb -2012 CONTRACT SERVICES 352860 15- Feb -2012 MATERIALS 352918 15- Feb -2012 CONTRACT SERVICES 353015 22- Feb -2012 MATERIALS 353304 07- Mar -2012 CONTRACT SERVICES 352861 15- Feb -2012 REFUND 352716 08- Feb -2012 TRAVEUMILEAGE 353305 07- Mar -2012 TRAVEUMILEAGE 352717 08- Feb -2012 MATERIALS 353016 22- Feb -2012 VEH ID# VARIOUS Amount 1,354 87 622 07 18,361 77 14,423.16 14,550 20 526 02 1,739 09 750 00 88.14 84 75 1,026 72 36,628.24 29,806 80 29,664 54 27,922 21 29,985 41 612 46 250.00 180 00 514 15 575 11 48.96 863 17 163 85 863.17 27,500 00 282 50 35 98 1,864 50 150 00 15.00 239.56 575.17 90 00 150.00 130.00 198.82 265.55 67 80 1,007 16 113 00 9,325 61 3,879 41 7,779 38 3,898 50 45.00 44.97 528.39 265 00 3,847 42 57,136.88 3,899 70 55,905 01 914 34 1,535.00 1,943 23 1,943.23 1,943 23 856.25 5,473.72 3,578.64 557.09 3,864.20 459 24 2,661.15 116.39 13,678.65 255.38 2,800 14 105.00 213 20 220 48 35 46 211.31 Page 8 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MULLER'S WORKWEAR MUNICIPAL RETIREES ORGANIZATION ONTARIO MURPHY,D MYERS TIRE SUPPLY N BARRY LYON CONSULTANTS LIMITED N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NATIONAL LEASING NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CUSTOM POWDER COATING INC NIAGARA ENGINEERING WEEK NIAGARA FALLS COMMUNITY HEALTH CENTRE NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA INDUSTRIAL ASSOCIATION NIAGARA MOTORS LTD NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA 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 MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL POLICE SERVICE NIAGARA ROADS SUPERVISORS ASSOCIATION NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA.COM NIAGARA'S OWN LANDSCAPING INC NORRIS,STEVE O'HARA TRUCKING & EXCAVATING Cheque No. Cheque Date 353173 29- Feb -2012 352555 01- Feb -2012 353017 22- Feb -2012 352556 01- Feb -2012 353174 29- Feb -2012 352727 08- Feb -2012 353027 22- Feb -2012 352718 08- Feb -2012 352557 01- Feb -2012 352558 01- Feb -2012 352558 01- Feb -2012 352719 08- Feb -2012 352862 15- Feb -2012 353018 22- Feb -2012 353175 29- Feb -2012 353175 29- Feb -2012 352863 15- Feb -2012 353306 07- Mar -2012 352721 08- Feb -2012 353177 29- Feb -2012 352723 08- Feb -2012 352722 08- Feb -2012 352560 01- Feb -2012 352864 15- Feb -2012 352865 15- Feb -2012 353176 29- Feb -2012 352561 01- Feb -2012 353178 29- Feb -2012 353019 22- Feb -2012 353020 22- Feb -2012 352562 01- Feb -2012 352563 01- Feb -2012 352563 01- Feb -2012 352724 08- Feb -2012 352725 08- Feb -2012 352866 15- Feb -2012 352867 15- Feb -2012 353021 22- Feb -2012 353022 22- Feb -2012 353180 29- Feb -2012 353181 29- Feb -2012 353308 07- Mar -2012 353309 07- Mar -2012 353023 22- Feb -2012 352581 01- Feb -2012 352581 01- Feb -2012 352738 08- Feb -2012 352738 08- Feb -2012 352877 15- Feb -2012 353191 29- Feb -2012 353222 01- Mar -2012 353322 07- Mar -2012 WIRE 02- Mar -2012 WIRE 03- Feb -2012 WIRE 03- Feb -2012 WIRE 10- Feb -2012 WIRE 10- Feb -2012 WIRE 16- Dec -2011 WIRE 16- Feb -2012 WIRE 17- Feb -2012 WIRE 24- Feb -2012 WIRE 29- Feb -2012 WIRE 30- Jan -2012 WIRE 31- Jan -2012 352726 08- Feb -2012 352868 15- Feb -2012 353024 22- Feb -2012 353310 07- Mar -2012 353025 22- Feb -2012 353311 07- Mar -2012 352720 08- Feb -2012 353179 29- Feb -2012 353026 22- Feb -2012 353028 22- Feb -2012 Purpose Amount MATERIALS MEMBERSHIP REFUND MATERIALS CONSULTING SERVICES VEH ID# 533 & 535 MATERIALS LEASES AND RENTS VEH ID# 295 VEH ID# 592 VEH ID# 299 VEH ID# 298 VEH ID# 157 VEH ID# 152 VEH ID# 672 VEH ID# 304 MATERIALS MATERIALS TRAINING REFUND SERVICES REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MEMBERSHIP VEH ID# SERVICES SERVICES CONTRACT SERVICES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE CONTRACT SERVICES VTS PEOPLE MOVER DEBT 83 -2011 DEBT 67 -2009 SIGNAL BILLING PORTAGE RD /OCT -DEC LEACHATE DEBT 61 -2005 DEBT 97 -2010 DEBT 75 -2003 2011 FINAL TAX LEVY JAN WATER DEBT 89 -2004 DEC WATER SERVICES MEMBERSHIP VEH ID# 82 VEH ID# 84 ADVERTISING MATERIALS SERVICES CONTRACT SERVICES SERVICES MATERIALS 31 64 75.00 150.00 199 07 10,170 00 1,073 50 452.00 1,881 45 308.49 19.99 4,258.46 3,268 24 602.46 3,369 04 36 16 9.04 308 43 1,005 70 400.00 67 80 648 00 240 00 6.758.19 7,145 67 6,623 55 6,623.55 282.50 17,910 50 576 30 114 85 12,465 69 6,724.76 2,395.95 11,077 60 707.51 6,283 39 2,597 52 4,471 71 273,649.14 12,105.01 4,258 30 21,397 80 11,061.94 3,690.94 1,756 80 3,758.73 34,313 04 137 50 2,995 00 1,231 51 1,100.00 10,612.06 136,807.38 56,174.75 47,846.75 30,027 92 132,950 53 13,079 75 552,789 61 23,511 25 6,892,317 73 1,841,970.18 35,137.07 1,841,575.41 50 00 540.00 390 75 3,463.74 554 83 316 40 13 56 2,511 36 129 47 13,930 06 Page 9 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS OMERS OMERS OMERS OMERS ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS ONTARIO BUILDING OFFICIALS ASSOCIATION ONTARIO BUILDING OFFICIALS ASSOCIATION ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO FIRE COMMUNICATORS ASSOCIATION ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ONTARIO MUNICIPAL FIRE PREVENTION OFFICER ASSOCIATION ONTARIO MUNICIPAL HUMAN RESOURCES ASSOCIATION ONTARIO PARKS ASSOCIATION PAGENET OF CANADA INC PARIS EQUIPMENT MANUFACTURING LTD PARKS & RECREATION ONTARIO PELHAM MOTORS & GENERATORS INC. PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERRI -MED PETERS EXCAVATING INC PIPEFLO CONTRACTING CORPORATION PISCITELLI,FRANCO PITNEY BOWES GLOBAL CREDIT SERVICES PITNEY BOWES OF CANADA LTD PITNEY WORKS PORTER,GAIL POTTHAST,FRED PRAXAIR PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PURE WATER PURE WATER QUIQUERO,KATHLEEN R & W HOIST REPAIRS LTD R & W HOIST REPAIRS LTD R & W HOIST REPAIRS LTD R & W HOIST REPAIRS LTD R W HAMILTON LTD R W HAMILTON LTD R J. MCCARTHY LIMITED PARTNERSHIP R.J MCCARTHY LIMITED PARTNERSHIP R . MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO & ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RBC RBC RBC LIFE INSURANCE COMPANY REALTAX INC REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL Cheque No. Cheque Date 353313 07- Mar -2012 352564 01- Feb -2012 352565 01- Feb -2012 352566 01- Feb -2012 352567 01- Feb -2012 352728 08- Feb -2012 353029 22 -Feb -2012 353030 22 -Feb -2012 352569 01- Feb -2012 353031 22- Feb -2012 352568 01- Feb -2012 352729 08- Feb -2012 352730 08- Feb -2012 353032 22 -Feb -2012 353033 22- Feb -2012 353182 29- Feb -2012 353314 07- Mar -2012 352570 01- Feb -2012 352732 08- Feb -2012 352571 01- Feb -2012 352731 08- Feb -2012 353315 07- Mar -2012 353034 22- Feb -2012 353316 07- Mar -2012 353035 22- Feb -2012 353037 22- Feb -2012 353039 22- Feb -2012 353183 29- Feb -2012 353319 07- Mar -2012 352733 08- Feb -2012 353318 07- Mar -2012 352870 15- Feb -2012 353038 22- Feb -2012 353317 07- Mar -2012 353040 22- Feb -2012 352734 08- Feb -2012 352871 15- Feb -2012 353041 22- Feb -2012 352735 08- Feb -2012 353042 22- Feb -2012 353043 22- Feb -2012 352573 01- Feb -2012 353044 22- Feb -2012 353184 29- Feb -2012 352736 08- Feb -2012 352872 15- Feb -2012 353045 22- Feb -2012 353185 29- Feb -2012 352574 01- Feb -2012 352873 15- Feb -2012 352575 01- Feb -2012 352739 08- Feb -2012 352881 15- Feb -2012 353049 22- Feb -2012 353325 07- Mar -2012 352589 01- Feb -2012 352880 15- Feb -2012 352586 01- Feb -2012 352878 15- Feb -2012 353047 22- Feb -2012 352576 01- Feb -2012 352737 08- Feb -2012 352874 15 -Feb -2012 353046 22- Feb -2012 352577 01- Feb -2012 352578 01 -Feb -2012 352875 15- Feb -2012 353188 29- Feb -2012 353187 29- Feb -2012 352579 01- Feb -2012 353189 29- Feb -2012 352580 01- Feb -2012 352876 15- Feb -2012 353190 29- Feb -2012 Purpose Amount MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADVERTISING MATERIALS TRAINING CERMINARA MEMBERSHIP MEMBERSHIP & TRNING TRAINING HVAC HOUSE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES ADVERTISING LEASES AND RENTS ADVERTISING MEMBERSHIP MATERIALS SERVICES CONTRACT SERVICES MEMBERSHIP MAINTENANCE /REPAIRS SERVICES SERVICES CONSULTING SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS TRAINING CONTRACT SERVICES CONTRACT SERVICES REFUND LEASES AND RENTS SERVICES LEASES AND RENTS TRAVEL/MILEAGE REFUND MATERIALS CONTRACT SERVICES SERVICES SERVICES REFUND WILLOUGHBY & MUNDARE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS REFUND REFUND REMITTANCE ADMINISTRATIVE REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE 4,157 09 381 03 497,486 87 28,457.20 3,745.86 307 28 30,540 52 522,192 67 339 00 194.25 660 00 180 00 916 43 791.00 6,333 65 4,551 64 1,706.30 50 00 2,512 01 300.00 113 00 338 83 16.89 70,434.03 1,284 00 422 36 221.73 65 21 111.72 115 26 465 56 240 00 355 00 20.00 175 15 420,60 182.89 853.96 19,428.79 4,237.50 101 67 205 43 450.87 2,275 34 88.92 150 00 771.13 5,250 00 17 25 35.00 445.82 544.32 2,648 58 2,273.90 726.25 93.61 227.74 23,726 32 392.59 141.23 91.53 853.33 3,921 76 496.27 2,762 60 6,091.52 141.11 155 21 1,315 79 6,508.80 1,977 50 489,507 58 477,721 00 488,236 32 Page 10 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date 352583 01- Feb -2012 352582 01- Feb -2012 352584 01- Feb -2012 353323 07 -Mar -2012 352585 01- Feb -2012 352588 01- Feb -2012 353048 22- Feb -2012 352879 15- Feb -2012 353324 07- Mar -2012 353192 29- Feb -2012 352590 01- Feb -2012 352740 08- Feb -2012 353050 22- Feb -2012 353193 29- Feb -2012 352882 15- Feb -2012 352883 15- Feb -2012 352591 01- Feb -2012 352741 08- Feb -2012 353326 07 -Mar -2012 352884 15- Feb -2012 353051 22- Feb -2012 352592 01- Feb -2012 352885 15- Feb -2012 353194 29- Feb -2012 352593 01- Feb -2012 353052 22- Feb -2012 353195 29- Feb -2012 352594 01- Feb -2012 353053 22- Feb -2012 353327 07- Mar -2012 352595 01- Feb -2012 353055 22- Feb -2012 352742 08- Feb -2012 353328 07- Mar -2012 352596 01- Feb -2012 352596 01- Feb -2012 352887 15- Feb -2012 353329 07- Mar -2012 352888 15- Feb -2012 353197 29- Feb -2012 352743 08- Feb -2012 353198 29- Feb -2012 352598 01- Feb -2012 353056 22- Feb -2012 353058 22- Feb -2012 352744 08- Feb -2012 353201 29- Feb -2012 352602 01- Feb -2012 353199 29- Feb -2012 352890 15- Feb -2012 353200 29- Feb -2012 353332 07- Mar -2012 352599 01- Feb -2012 352632 02- Feb -2012 352633 02- Feb -2012 353333 07- Mar -2012 352745 08- Feb -2012 352601 01- Feb -2012 353202 29- Feb -2012 352891 15- Feb -2012 352603 01- Feb -2012 352746 08- Feb -2012 353059 22- Feb -2012 353203 29- Feb -2012 352892 15- Feb -2012 353334 07- Mar -2012 352893 15- Feb -2012 352604 01- Feb -2012 353060 22- Feb -2012 353204 29- Feb -2012 WIRE 01- Feb -2012 WIRE 02- Mar -2012 353061 22- Feb -2012 353337 07- Mar -2012 REGIONAL MUNICIPALITY OF NIAGARA C/O INTEGRATED COMML REGIONAL NIAGARA FIRE BUFFS ASSOCIATION REMPEL MASONRY RESTORATION INC REU,GERALD E RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED ROCHESTER MIDLAND LIMITED ROCKHURST COLLEGE CONTINUING EDUCATION CENTRE INC ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC ROSANO,GINETTE RYTE'S ENTERPRISES LTD S &S (MEDICI) CONCRETE WORKS LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFETY -KLEEN CANADA INC. OIL DIVISION SAINT PAUL CATHOLIC HIGH SCHOOL SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHINDLER ELEVATOR CORPORATION CIO T52649 SCOTIABANK CONVENTION CENTRE SEAWAY FLUID POWER GROUP SEAWAY HOSE & HYDRAULICS LTD SECURAL DATA SHRED SECURITY THROUGH SAFE DESIGN SECURITY THROUGH SAFE DESIGN SENECA COLLEGE SERVICEMASTER CLEAN OF NIAGARA SETON SHARP,MIKE SHEEHAN ARBITRATION MEDIATION SERVICES SHRED IT KITCHENER SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SKY CAST INC SMITH,CHARLIE SMITH,LEE SOCAN SOCAN SPEARE SEEDS ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST JOHN AMBULANCE STAMFORD HOME HARDWARE STAR COLLISION SERVICE STAR COLLISION SERVICE STEPHENSON'S RENTAL SERVICES STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STICCA,JAMES STILLWATER CONSULTING LIMITED STITCH IT CANADA'S TAILOR STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STORAGE NIAGARA STORAGE NIAGARA STORAGE NIAGARA STORAGE NIAGARA STREAMLINE STREAMLINE STRESS CRETE LIMITED STRONGCO EQUIPMENT STRONGCO EQUIPMENT STUART, DAV E SUN LIFE SUN LIFE SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUN LIFE FINANCIAL Purpose Amount MATERIALS SUBSCRIPTION CONTRACT SERVICES REFUND CO135585 CONSULTING SERVICES MATERIALS TRAINING SERVICES CONSULTING SERVICES TRAVEL/MILEAGE REFUND PRKG C0137923 REFUND BP- 2011 -1047 CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES VEH ID# 214 MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES TRAINING SERVICES MATERIALS REFUND CONSULTING SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAINING PETTY CASH CONTRACT SERVICES LEASES AND RENTS MATERIALS VEH ID# 81 & 83 VEH ID# 83 CONTRACT SERVICES MATERIALS VEH ID# 303 VEH ID #136 LEASES AND RENTS CONTRACT SERVICES MATERIALS CONTRACT SERVICES TRAVEL/MILEAGE TRAINING SERVICES SERVICES MATERIALS SERVICES SERVICES SERVICES SERVICES VEH ID# 535 MAINTENANCE /REPAIRS MATERIALS VEH ID# 422 VEH ID# 421 PETTY CASH FEB PREMIUMS MARCH PREMIUMS REMITTANCE SERVICES 25 00 20 00 2,542 50 20 00 1,261 53 2,827 33 337 87 1,540 53 1,384 90 113.49 20 00 750 00 5,944 08 3,557.81 1,833 50 390 00 69.34 429 41 49.02 528.84 2,874 72 200 01 54.16 607 94 21,447 40 4,859 00 7,797 00 2,260 00 2,169 60 324.71 150 00 716 37 88 30 94 48 2,895 97 381 64 4,931 26 4,530 62 495.45 4,135.80 216 09 249 85 1,297 77 12 86 437 31 586.29 398.02 33,202 33 93.74 2,676.80 4,989 33 86.14 44,689.52 1,130 00 20,899 92 64.48 1,033 11 67.73 33.88 1,213 85 836.38 234.52 480 25 384.20 96.05 628 28 4,295.13 179.25 878 97 604 79 325,366.51 283,770 95 1,333 36 5,650 00 Page 11 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SUN LIFE MONTREAL SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE (NC SUPERIOR PROPANE INC SUTPHEN CORPORATION TAB TALARIS CANADA INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TD CANADA TRUST TECHNICAL STANDARDS & SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TERANET INC THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE TRAP DOC INC TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TORONTO STAMP INC TORONTO STAMP INC TORONTO STAMP INC TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRACTION HAMILTON TRACTION HAMILTON TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRAVELPIC NIAGARA FALLS TREES UNLIMITED FORESTRY CONSULTANT TROPHY SHOP THE TRUDEL,DARRYL TUFF BOYS PLOW AND LANDSCAPE TWARDAWSKY,NICK ULINE CANADA CORPORATION ULINE CANADA CORPORATION UNISAN UNITED WAY UNIVERSITY OF WATERLOO UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URGENT CARE NIAGARA - NIAGARA FALLS VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALLEY BLADES LIMITED VAPOR BUS INTERNATIONAL VENDRAMIN,LOUIS VIKING CIVES LTD WAJAX EQUIPMENT WAJAX POWER SYSTEMS WALDICK,NEIL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC Cheque No. Cheque Date Purpose 352748 08- Feb -2012 REMITTANCE 352572 01- Feb -2012 FUEL 352605 01- Feb -2012 FUEL 352747 08- Feb -2012 FUEL 352894 15- Feb -2012 FUEL 353205 29- Feb -2012 FUEL 353335 07- Mar -2012 FUEL 352607 01- Feb -2012 MATERIALS 352896 15- Feb -2012 MATERIALS 353206 29- Feb -2012 MATERIALS 352895 15- Feb -2012 FUEL 352895 15- Feb -2012 FUEL US DRAFT 10- Feb -2012 PARTS 352897 15- Feb -2012 MATERIALS 352749 08- Feb -2012 MATERIALS 352750 08- Feb -2012 ADVERTISING 353207 29- Feb -2012 ADVERTISING 352608 01- Feb -2012 SERVICES 353208 29- Feb -2012 REFUND TAX 353063 22- Feb -2012 CONTRACT SERVICES 353338 07- Mar -2012 LEASES AND RENTS 352609 01- Feb -2012 MATERIALS 352752 08- Feb -2012 SERVICES 352753 08- Feb -2012 SERVICES 352610 01- Feb -2012 MATERIALS 352898 15- Feb -2012 ADVERTISING 353064 22- Feb -2012 MATERIALS 353065 22- Feb -2012 ADVERTISING 353211 29- Feb -2012 MAINTENANCE /REPAIRS 353210 29- Feb -2012 MATERIALS 352611 01- Feb -2012 VEH ID# 205 352754 08- Feb -2012 VEH ID# 205 352612 01- Feb -2012 MATERIALS 352900 15- Feb -2012 MATERIALS 353339 07- Mar -2012 MATERIALS 352755 08- Feb -2012 TRAVEUMILEAGE 352613 01- Feb -2012 CONTRACT SERVICES 352614 01- Feb -2012 MATERIALS 352756 08- Feb -2012 MATERIALS 352901 15- Feb -2012 MATERIALS 352757 08- Feb -2012 MATERIALS 353212 29- Feb -2012 MATERIALS 352615 01 -Feb -2012 CONTRACT SERVICES 353066 22- Feb -2012 MATERIALS 353340 07- Mar -2012 REFUND 353213 29- Feb -2012 CONTRACT SERVICES 353341 07- Mar -2012 TRAVEUMILEAGE 352758 08- Feb -2012 MATERIALS 353067 22- Feb -2012 MATERIALS 352777 15- Feb -2012 MATERIALS 352902 15- Feb -2012 PAYROLL REMITTANCE 352759 08- Feb -2012 TRAINING 352616 01- Feb -2012 CONSULTING SERVICES 353068 22- Feb -2012 COURIER 353343 07- Mar -2012 COURIER 352617 01- Feb -2012 CONSULTING SERVICES 352760 08- Feb -2012 CONSULTING SERVICES 353344 07- Mar -2012 CONSULTING SERVICES 353345 07- Mar -2012 SERVICES 352904 15- Feb -2012 MATERIALS 353346 07- Mar -2012 TRAINING 352618 01- Feb -2012 VEH ID# 680 352761 08 -Feb -2012 MATERIALS 353069 22- Feb -2012 TRAVEL/MILEAGE 353070 22- Feb -2012 VEH ID# 681 352905 15- Feb -2012 VEH ID# 214 353071 22- Feb -2012 VEH ID# 82 353348 07- Mar -2012 TRAVEUMILEAGE 352763 08- Feb -2012 SERVICES 352907 15- Feb -2012 SERVICES 353073 22- Feb -2012 SERVICES 352619 01- Feb -2012 MATERIALS 352762 08- Feb -2012 MATERIALS 352906 15- Feb -2012 MATERIALS Amount 1,814 40 1,650 59 21,708 94 29,976 13 54,488 63 20,249.89 72,055 28 180.74 412 46 197.48 55 38 1,582 83 535 00 325.62 2,587 70 2,621 24 1,141 07 60 00 713.39 293 80 791 00 316 38 1,350 12 10,000 00 33.90 1,144 13 67.80 6,957 20 157.30 13 19 154 09 1,174.93 82 42 52 48 45 52 36 92 16,556.00 682 52 568 84 171 53 985 98 113 00 500 00 92 00 616 00 1,403.46 130 52 50 67 216 65 836.99 2,913 40 3,954 30 9,274 27 120.70 204 34 18,853.82 643 37 11,288 70 125.00 10,684 15 395.50 90.29 806 04 61.25 1,065 51 53.52 4,637.42 271 44 136.39 30 17 285.56 2,146 80 910 82 1,842 61 Page 12 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WARCHALA,MICHAEL WASTE MANAGEMENT WATKINSON,LAURIE WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTPIER MARINE & INDUSTRIAL SUPPLY INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHEELER,SUE WIMBUSH,ROB WINDJACK,JIM WINDYLANE DEVELOPMENTS INC WINGER,TERRI WINGER,TERRI WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WONG,WILLIAM W K WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORKPLACE SAFETY & INSURANCE BOARD COLLECTIONS BRA WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WYLIE, BRENDA WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YMCA YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD Cheque No 353072 353214 353347 352908 353075 352764 353349 352620 352765 353215 352622 352621 352766 352909 353216 353076 352623 352910 352624 353350 352625 352767 352911 353077 353217 352912 352913 353352 352531 352837 353148 352626 352768 353078 352914 352627 352628 352769 352915 353079 353080 353218 353353 352629 352770 353081 352630 353082 353219 352771 353220 352631 352772 353083 353083 353221 352916 352917 353084 Cheque Date 22- Feb -2012 29- Feb -2012 07- Mar -2012 15- Feb -2012 22- Feb -2012 08- Feb -2012 07- Mar -2012 01- Feb -2012 08- Feb -2012 29- Feb -2012 01- Feb -2012 01- Feb -2012 08- Feb -2012 15- Feb -2012 29- Feb -2012 22- Feb -2012 01- Feb -2012 15- Feb -2012 01- Feb -2012 07- Mar -2012 01- Feb -2012 08- Feb -2012 15- Feb -2012 22- Feb -2012 29- Feb -2012 15- Feb -2012 15- Feb -2012 07- Mar -2012 01- Feb -2012 15- Feb -2012 29- Feb -2012 01- Feb -2012 08- Feb -2012 22- Feb -2012 15- Feb -2012 01- Feb -2012 01- Feb -2012 08- Feb -2012 15- Feb -2012 22- Feb -2012 22- Feb -2012 29- Feb -2012 07- Mar -2012 01- Feb -2012 08- Feb -2012 22- Feb -2012 01- Feb -2012 22 -Feb -2012 29- Feb -2012 08- Feb -2012 29 -Feb -2012 01- Feb -2012 08- Feb -2012 22- Feb -2012 22- Feb -2012 29- Feb -2012 15- Feb -2012 15- Feb -2012 22- Feb -2012 Purpose MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE TRAVEL/MILEAGE TRAVEL/MILEAGE REFUND SEPT OVERPYMT SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS GRANT CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS VEH ID# 294 VEH ID# 295 VEH ID# 295 REFUND VARIOUS ACCTS REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE PETTY CASH PETTY CASH PETTY CASH MATERIALS MATERIALS MAINTENANCE /REPAIRS ADVERTISING ADVERTISING CONTRACT SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES SERVICES GRANT VEH ID# 910 VEH ID# 917 Amount 2,093 39 1,529 32 1,662 58 231 84 72 18 65.54 559 35 355 95 2,938.65 585.79 633 79 2,267 68 210 18 274.25 78.00 45 00 320 32 243.00 65 00 65.00 3,211 18 2,363 49 2,639 02 3.263.02 844 46 4,837 50 900.00 1,350 00 172 87 150.00 600 00 4,536 27 1,238 28 2,764 06 14,298.65 4,894.74 789 24 12,038 17 10,124.95 26,870 24 900 77 2,913 51 16,360 00 816 53 501 47 434.27 219 23 392.51 163.85 119 67 65 82 2,787.22 1,496 95 592.66 4,753.80 6,388 28 12,833 25 203.26 61.91 Total 20,636,684.28 F- 2012 -13 NiagaraFalls March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2012 -13 Annual Statement of Remuneration and Expenses RECOMMENDATION For the information of the Municipal Council. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS The attached statement of remuneration and expenses for the year ending December 31, 2011 has been prepared pursuant to sections 283 and 284 fo the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By- law#2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2011 is provided below: Remuneration Benefits Expenses Total City Council $245,746.54 $60,501.83 $36,497.66 $342,746.03 Committee of Adjustment $3,500.00 0.00 $1,231.90 $4,731.90 Niagara Falls Hydro Holding Corporation Board $43,200.00 0.00 $2,500.00 $45,700.00 Committees & Commissions $0.00 0.00 $815.64 $815.64 March 27, 2012 - 2 - F- 2012 -13 LIST OF ATTACHMENTS 2011 Statement of Remuneration and Expenses - Niagara Falls City Council 2011 Statement of Remuneration and Expenses - Committee of Adjustment; Niagara Falls Hydro Holding Corporation Board 2011 Statement of Remuneration and Expenses - Municipal Heritage Committee Recommended by: Respectfully submitted: T. Luey Todd Harrison, Dire tor of Financial Services Ken Todd, Chief Administrative Officer March 27, 2012 - 3 - 2011 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F- 2012 -13 Council Member Remuneration Benefits Travel Other Expenses* Expense Allowance Total Diodati, J. 83,259.02 15,961.78 13,860.00 4,299.83 200.00 117,580.63 Gates, W. 20,310.94 3,767.87 71.76 1,557.01 0.00 25,707.58 loannoni, C. 20,310.94 6,834.19 667.07 4,324.60 180.00 32,316.80 Kerrio, V. 20,310.94 1,758.11 0.00 705.30 0.00 22,774.35 Mayes, B. 20,310.94 6,337.07 0.00 1,401.40 300.00 28,349.41 Morocco, J. 20,310.94 6,834.19 702.94 4,428.81 57.70 32,334.58 Pietrangelo, V. 20,310.94 6,834.19 0.00 821.65 139.00 28,105.78 Thomson, W. 20,310.94 5,340.24 0.00 1,737.49 200.00 27,588.67 Wing, J. 20,310.94 6,834.19 0.00 788.10 55.00 27,988.23 TOTAL $245,746.54 $60,501.83 $15,301.77 $20,064.19 $1,131.70 $342,746.03 * includes internet & cell phone expense March 27, 2012 - 4 - 2011 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT F- 2012 -13 Member Remuneration Expenses Total Antonio, C. 600.00 263.74 863.74 Cahill, M. 660.00 110.00 770.00 Collinson, J. 800.00 111.28 911.28 Prata, G. 720.00 205.26 925.26 Stranges, L. 720.00 541.62 1,261.62 Total $3,500.00 $1,231.90 $4,731.90 NIAGARA FALLS HYDRO HOLDING CORPORATION BOARD (only members of City Council are listed) Member Remuneration Expenses Total Diodati, J. 4,800.00 0.00 4,800.00 Gates, W. 4,800.00 0.00 4,800.00 loannoni, C. 4,800.00 1,500.00 6,300.00 Kerrio, V. 4,800.00 0.00 4,800.00 Mayes, B. 4,800.00 0.00 4,800.00 Morocco, J. 4,800.00 0.00 4,800.00 Pietrangelo, V. 4,800.00 0.00 4,800.00 Thomson, W. 4,800.00 1,000.00 5,800.00 Wing, J. 4,800.00 0.00 4,800.00 Total $43,200.00 $2,500.00 $45,700.00 Member Remuneration Expenses Total Campbell, L 0.00 815.64 815.64 Total 0.00 $815.64 $815.64 March 27, 2012 -5- F- 2012 -13 COMMITTEES / COMMISSIONS (only members who received remuneration /expenses are listed) ITAGE COMMITTEE Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -14 Monthly Tax Receivables Report F- 2012 -14 March 27, 2012 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 February 29, 2012 were $21.1 million compared to $23.8 million in 2011. During February, tax receivables as a percentage of taxes billed decreased from 30.0% in 2011 to 26.3% in 2012. The City's finance staff has begun the tax collection process for properties that are subject to registration for 2012. There are currently nineteen properties scheduled for tax sale in the next two years. 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 2012 improved during the month of February. Table 1 shows that taxes outstanding at February 29, 2012 are $21.1 million. This represents a decrease from $23.8 million in arrears for the same period in 2011. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class have decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2012, 403 properties were subject to registration. Table 3 summarizes the progress of these actions after two months of activity. This table shows 56.3% of the tax accounts or 227 properties have been paid in full or the owners have made suitable payment arrangements. During February, ten accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 44.1 % (January) to 56.3% (February). March 27, 2012 - 2 - F- 2012 -14 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 February, one registered propery was redeemed and one property was registered. The outstanding taxes for registered properties represent 2.2% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at February 29, 2012 is 26.3% which is a decrease from 2011's value of 30.0 %. 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 Taxes Receivable at February 29, 2012 Taxes Receivable by Property Class at February 29, 2012 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti Todd Har son, a rector of Finance Ken Todd, Chief Administrative Officer TABLE 1 Total Taxes Receivable Owing at February 29, 2012 2012 2011 Outstandin• Taxes ' Janua 31, 2012 $ 17,678,001 $ 18,747,488 Taxes Billed and Due Februa 29, 2012 $ 40,172,004 $ 39,713,703 Penal charged in February $ 236,834 $ 267,851 Taxes Collected during February $ 36,966,898 $ 34,869,631 Outstandin• Taxes • Februa 29, 2012 $ 21,119,941 $ 23,859,411 Taxes Billed and Due April 30, 2012 $ 40,172,004 $ 39,713,702 Total Taxes to be Collected $ 61,291,945 $ 63,573,113 TABLE 2 Taxes Receivable by Property Class as at February 29, 2012 2012 Taxes Owin• % of Class 2011 Taxes Owin• % of Class Residential $ 27,044,969 44.12% $ 26,586,532 41.82% Multi- Residential $ 1,836,132 3.00% $ 1,918,570 3.02% Commercial $ 30,409,767 49.61% $ 32,891,481 51.74% Industrial $ 1,904,943 3.11% $ 2,114,964 3.33% Farmlands $ 96,135 0.16% $ 61,566 0.10% Total Receivables $ 61,291,945 100.00% $ 63,573,113 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at January 31, 2012 Properties Subject to Registration as at February 29, 2012 May 2012 Initial Amount 403 403 8 Paid in Full 30 40 9.9% Payment Arrangements 148 187 46.4% Ongoing Collection Action 225 176 43.7% Registered 0 0 0.0% 403 403 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount May 2012 3 $ 820,941 November 2012 8 $ 104,501 May 2013 8 $ 439,572 Totals 19 $ 1,365,015 MW- 2012 -03 Niagaraialls March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -03 Weeping Tile Removal Assistance Program (WRAP) Update RECOMMENDATION That Council authorize staff to continue with implementation of the Weeping Tile Removal Assistance Program (WRAP), including the modifications as recommended in this report. EXECUTIVE SUMMARY The City of Niagara Falls is committed to the elimination of chronic basement flooding and combined sewer overflows (CSO) into the natural environment. It has adopted a two pronged strategy that addresses both source control and end -of -pipe initiatives. The WRAP program is designed to divert ground water from the sanitary sewer system by encouraging the removal of weeping tile connections. The purpose of this report is to recommend some modifications to the program that will provide additional incentives and raise the public awareness of this progressive strategy. BACKGROUND The City of Niagara Falls Pollution Control Plan (2008) identifies the need to mitigate wet weather impacts to the City Sewers systems and the environment through City Wide source control initiatives. The Weeping Tile Removal Assistance Program (WRAP) has been in place in its current form since April of 2010, as per the recommendations approved by Council in Report MW- 2010 -24 (attached). The WRAP program is one of the components of the City's ongoing efforts to reduce or eliminate extraneous flows (such as stormwater runoff inflow and groundwater infiltration flow) from entering the sanitary sewer system. The program is designed to assist residents in disconnecting existing Weeping Tile connections to the Sanitary sewer as a method of source control to limit the amount of stormwater runoff and collected groundwater entering the sewer system. Also, on April 26, 2010, City By -Law 2010 -61 was passed which prohibits the connection of Weeping Tile (foundation drains) to the Sanitary sewer system. The incentives in the WRAP program are to aid residents in complying with the provisions of this by -law. Enforcement of the By -law is subject to the discretion of the Director of Municipal Works and at this time the focus is voluntary compliance due to the City's limited resources. The WRAP program is a proactive tool providing residents technical assistance and a financial incentive (in the form of a monetary subsidy) when they disconnect existing private weeping tile connections to the sanitary sewer system. This will reduce the potential for sewer surcharging within the existing wastewater infrastructure network and, in turn, lower the risk of combined sewer overflows (CSO's) into basement flooding and March 27, 2012 the natural environment. - 2 - MW- 2012 -03 Another component of the WRAP program is a public awareness campaign to inform residents of both the direct and indirect long term benefits of removing weeping tile connections to the sanitary sewer system. The City budgeted $930,000 in 2010 and $760,000 in 2011 to fund this program. Starting in April of 2010, the following is a summary of installations undertaken with respect to Weeping Tile Disconnections and Backwater Prevention Valve installations: Date Range Number of Installations Funding from City April to July 2010 (pre -WRAP) 18 $ 41,755 WRAP Program (2010) 29 $ 92,244 WRAP Program (2011) 59 $ 196,966 Public Awareness efforts include a dedicated web -page on the City of Niagara Falls web - site. Additionally, two (2) Information Sessions were held on July 13, 2010 for the residents of Chippawa (one of the targeted areas for the WRAP program) and for licensed plumbers interested in participating in the program. The public information sessions were very heavily attended, but the feedback was largely negative against the program. There was only a handful of inquiries requesting additional information on the program or an application for subsidy. ANALYSIS /RATIONALE The current program has had some challenges that require modifications to improve its effectiveness. The program application and the implementation process are somewhat confusing and difficult to understand. The terms and conditions need to be expressly spelled out for all the involved parties as the City is to act only as the facilitator, providing technical and monetary assistance. The contractual relationship is to be between the applicant (homeowner) and the contractor (plumber), but the strong prevalent perception is that the City is responsible for all aspects of the program, including liability for and maintenance of the installed equipment in perpetuity. This is despite the applicants signing an acknowledgement and release regarding the City's liability and responsibilities. Although it is clearly spelled out in the terms and conditions that interior and exterior restoration and landscaping is not considered as eligible costs under the program, extensive staff time is devoted to dealing with these and system performance complaints, in some cases several years after the installation. This has resulted in multiple site visits by staff both prior to and following installation and extensive consultation with applicants both in- person and over the telephone in regard to the rules and details of the program. Efforts to target problematic areas through the use of the adopted by -law prohibiting weeping tile connections to the sanitary sewer system have not been effective on an area - specific basis. The original WRAP reports reference studies that detail the potential cost - effective benefits realized through source controls -in reducing extraneous flows entering the sanitary sewer system. In order to properly quantify the effectiveness of the program, field monitoring and assessment is required. The voluntary nature of the program and lack of ability to target problem areas has resulted in a scattered pattern of installations over the years. (See March 27, 2012 - 3 - MW- 2012 -03 attachment 2 to 6). Based on all the above, it is our conclusion that in order to achieve the originally envisioned desired outcomes from this program, the scope and magnitude of the program and associated resource commitments need to be modified. Staff is not currently positioned to conclude that the potential benefits gained are commensurate with the program costs. Further research, monitoring and assessment, along with extensive public education and the development of more effective implementation tools is required before we can reach that point determining the ultimate fate of this program. As such, it is recommended that the current program continue at a reduced scale, and that the program rules, terms and conditions and procedures be modified to give staff more flexibility in administering and coordinating the program. The following are the recommended revisions and adjustments to the WRAP program for 2012: 1. The program application and approval forms be streamlined and made more user - friendly. 2. That funding limits on individual applications be adjusted as follows: ► Weeping tile disconnection and sump pump installation - $3,000 ► Weeping tile disconnection, sump pump installation and backwater prevention valve installation - $3,900 ► Backwater valve installation - $900 3. That the program administrator be granted the authority to approve additional funding up to a maximum of $5,000 per application to address unique nonstandard installations that arise from time to time. Any funding over this limit would be subject to approval from the Director of Municipal Works. 4. That the program administrator be granted the authority to approve funding for remedial sump pump discharge relocation redirection works where the standard or existing discharge location is creating what the administrator deems to be a safety or flooding hazard. These measures could consist of direct connection to the municipal storm sewer system or a private soak away pit, or redirection of the current discharge. 5. That the Terms, Conditions, Procedures, Liabilities and Responsibilities of the program be revisited and clearly delineated to promote better understanding by all participants in the program, including signed acknowledgements from both the applicants and the contractors in regard to adhering to the program rules. 6. That the overall scope of the funding for the program be reduced to fall in line with the average installation rates currently being experienced and described more fully in the Financial Implications section of this report. 7 That a more aggressive Public education campaign be developed and implemented. 8. That staff conduct wet weather flow monitoring and analyse basement flooding and sewer surcharge histories. To monitor the effectiveness of the diversion efforts of the WRAP program and identify candidate areas for future pilot test program implementation. FINANCIAL IMPLICATIONS The 2011 Municipal Utility Budget had funding in the amount of $760,000 set aside for the implementation of this program. Based on the analysis of the WRAP program to date, the average is 67 installations at an average cost to the City of $3,250. Allowing for a 10% increase in applications or costs, and including an allowance for Public Awareness March 27, 2012 - 4 - MW- 2012 -03 spending, a more realistic funding level for this program in 2012 should be $260,000. STAFFING IMPLICATIONS Based on the recommendations contained in this report, the proposed revisions to the WRAP program will not pose any staffing implications. LEGAL IMPLICATIONS Based on the recommendations contained in this report, the current proposed revisions to the WRAP program should not pose any legal implications. It is recommended that a risk management analysis be undertaken for the consideration to have the City contract this program's activities out in future years. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic priorities to undertake reviews to improve infrastructure sustainability and to continue to enhance organizational efficiency and effectiveness. LIST OF ATTACHMENTS 1. Report MW- 2010 -24 2. Sump Pump Parcels Map - Quadrant 1 3. Sump Pump Parcels Map - Quadrant 2 4. Sump Pump Parcels Map - Quadrant 3 5. Sump Pump Parcels Map - Quadrant 3S 6. Sump Pump Parcels Map - Quadrant 4 Recommended by: Respectfully submitted: Kent Schachowskoj /Geoff Holman ci l (i Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer r- Niagararqps REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services CommiittPP City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department MW- 2010 -24 April 26, 2010 The recommendation(s) contained in this report were adopted in committee and ratified by City Council SUBJECT: MW- 2010 -24 Weeping Tile Removal Assistance Program (WRAP) & Weeping Tile Removal By -Law RECOMMENDATION 1. That Committee authorize staff to proceed with Weeping Tile Removal Assistance Program (WRAP) as set out in this report. 2. That Committee recommend Council receive the report and approve the Weeping Tile Removal By -law listed later on the agenda. EXECUTIVE SUMMARY The storm water and wastewater infrastructure that serves the City of Niagara Falls has been under increasing stress in recent years due to new development, climate change and aging infrastructure. This stress has contributed to more frequent combined sewer overflows (CSO's), basement flooding and costly premature capital investments. Efforts to treat and intercept storm water before it reaches the Stanley Avenue Wastewater Treatment Plant have been slow and expensive. Sewer separation projects, High Rate Treatment and in -line storage strategies have proven to be helpful but capital intensive initiatives. Studies have shown that the most cost effective solution to the problem is to eliminate the problem at its source. To achieve this, the City needs to redirect any connection that allows the inflow of surface drainage and groundwater into the sanitary sewer system. While the impacts from residential weeping tile connections are only part of the City's strategy to address these issues, it is a critical and cost - effective part of the overall Pollution Control Plan. Although these weeping tile connections have been prohibited since 1989 through provisions in the Ontario Building Code, there were approximately 19,500 homes built in Niagara Falls between mid 1940's and late 1980's that may have weeping the connected to the sanitary sewer system. The proposed City's Weeping Tile Removal Assistance Program (WRAP) has been planned to achieve five specific goals; 1. Raise the awareness and inform residents of the long term benefits of removing weeping tile connections to the sanitary sewer system; and, April 26, 2010 MW-2010-24 2. Provide a financial incentive to assist residents to comply with this new standard which is being implemented retroactively; and, 3. Confirm the City's ongoing commitment to the Ministry of the Environment to protect the natural environment from the downstream impacts of CSO's and sewer bypasses; and, 4. Reduce the volume of clean water entering the sanitary sewer using capacity that otherwise could be utilized for future development; and, 5. Reduce the City's sewage treatment costs by removing the sources of clean water prior to its arrival at the Region of Niagara's Sewage Treatment Plant. BACKGROUND Many areas of the City are serviced with separated storm and sanitary sewers however homes built prior to the 1980's were permitted to connect the weeping tile (external foundation drain that collects subsurface water from around the basement footing) directly into the sanitary sewer lateral (piping that discharges sanitary effluent from the home to the sewer main out in the municipal road allowance). This connection becomes problematic during wet weather conditions when ground water can outlet to the sewer system at an uncontrolled rate. These large volumes of clean water entering the sanitary sewer system overload the downstream sewer network causing surcharging (i.e., backups) in the system. Those areas that have deep basements or are serviced with shallow sewers often are prone to sewer lateral backups and basement flooding. During storm events of abnormal intensity or duration staff conduct emergency pumping from the sanitary sewer either directly into the natural environment or into a local storm sewer system to minimize damage to public and private property. The Niagra Falls Pollution Control Plan Update (June 2008) identified this problem as having detrimental effects on property values and recommended action to regulate and remove all sources of storm water from the sanitary sewer system. In 2007 the City of Niagara Falls participated in a joint study with the Town of Fort Erie in an effort to "supplement anecdotal evidence concerning the efficacy and financial impact of weeping tile disconnection as part of an overall extraneous flow removal program." This report published in March 2008 concluded that; The average yearly discharge from weeping tile sources per residence in the City of Niagara Falls ... averages 114.5m3. This equates to 0.0036 I/s .. . on a yearly basis. In terms of system capacity this is equivalent to the base flow from 4 -5 new homes. From these conclusions it is evident that a program targeting the removal of weeping tile would be worthy of consideration. On December 24, 2008, the City experienced basement flooding due to a number of operational and wet weather - related problems. Council considered the information provided by staff in Report MW- 2009 -03 and passed a resolution directing staff to prepare a report on Weeping Tile Disconnection Program and a Comprehensive Sewer Use By- April 26, 2010 Law. -3- MW- 2010 -24 The City has a Down Spout Disconnection By -law (By -law #83 -254) that prohibits the connection of roof leaders (down spouts) to the sanitary sewer system. Efforts to enforce this matter more aggressively will help to mitigate the impacts of extreme storm events. However, a more comprehensive approach targeting weeping tile connection is more likely to produce better results. ANALYSIS /RATIONALE Under the current Residential Flood Relief Program Municipal Works staff; 1. Complete the initial investigations, 2. Obtain permission to access private property, 3. Engage and direct contractors in the installation of the sump pumps and backwater valves, and, 4. Complete follow up inspections. This process has worked but, the process is very labour intensive and has led many property owners to perceive that our staff will clean and maintain the sump pumps and backwater valves on an ongoing basis. There is also the perception that the City is liable when these devices do not function as they are intended. The Infrastructure section of the Municipal Works department does not have sufficient staff to implement this process on a larger scale. In the past they have accommodated 20 -30 requests each year. The proposed WRAP program is targeting 300 homes per year. Therefore, staff recommend that the subsidy be offered through a rebate program, rather than having staff directly involved in the installation. City staff will provide initial consultation lo the property owners and TV inspect their internal sanitary sewer to determine, where possible, the location of their weeping tile disconnection. The property owner and/or their contractor will be responsible to locate their weeping tile connection point. Staff has experienced several homes where sump pumps have been installed, not under the City's direction that have experienced basement flooding as a result of the installation of a sump pump or sump pump pit of an insufficient size or lack of a backwater valve in areas that experience basement flooding. These minimum material standards and this procedure will reduce the potential of future basement flooding. In most cases, the weeping tile disconnection will involve property owners that have never experienced basement flooding but contribute significantly to the wet weather problems. As a result, staff is recommending that we take the following actions; 1. Prepare an education program informing the public of the City's intentions to proceed with this new policy and prepare an effective information campaign highlighting the benefits of this initiative and the importance of the maintenance of this equipment. 2. Prepare a Comprehensive Sanitary Sewer By -law that targets all technical and administrative aspects of the Sanitary Sewer system. April 26, 2010 -4- MW- 2010 -24 3. Provide an Annual Weeping Tile Disconnection Program update report on the effectiveness of the Weeping Tile Removal Assistance Program for Community Services Committee. To assist in the public awareness campaign the details of the Weeping Tile Removal Assistance Program or WRAP program will be communicated using; Letters Newspapers Ad Website Link • • Radio Sound Bites Brochures Open House Staff is proposing the adoption of this by -law that makes disconnection of all weeping tile mandatory subject to the discretion of the Director of Municipal Works. This flexible approach is needed so that problematic areas like Chippawa and the Kalar Road Pumping Station drainage areas can be targeted more aggressively with the WRAP program. A more comprehensive by -law is needed to address issues such as; • Right of entry • Owner responsibility to maintain private works • Right to connect • Obligation to connect • Backflow prevention • Abandonment of service laterals • Swimming Pool discharge • Effluent quality standards. These matters will require more extensive public feedback. Staff is aware that the Provincial government is currently proposing new effluent quality standards and requirements for bypass monitoring which will affect the City's approach. There is also discussion regarding the implementation of new quality management standards similar to those imposed for the Drinking Water System (DWQMS). FINANCIAL IMPLICATIONS The approved 2010 Utility Budget has funding in the amount of $1,000,000 set aside for this program and will utilize these funds on average up to $3,000 per household. Up to $50,000 will be earmarked for the education /awareness component of this program. An ongoing monitoring report will be provided to help analyse the effectiveness of the program and assist Council in allocating funding in subsequent years. LEGAL IMPLICATIONS In the past the City has offered the Residential Rood Relief Program on a voluntary basis which achieved a success rate of approximately 600 homes. The need to make weeping tile connections into the sanitary sewer system illegal under a local by -law is necessary to force compliance. April 26, 2010 COUNCIL'S STRATEGIC PRIORITIES -S- MW- 2010 -24 This recommendation is consistent with Council's strategic commitments to establish infrastructure investment priorities and to continue to monitor and improve the efficiency of the organization. LIST OF ATTACHMENTS 1. Copy of presentation - City of Niagara Falls WRAP Recommended by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ken Tbdd, Chief Administrative Officer S:'REPORTS`2010 Reports\MW- 2010 -24 - Weeping Tile Removal Assistance Program (Wrap) Report_wpd MW- 2012 -18 NiagaraFgys March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -18 New Chippawa Public Dock Development RECOMMENDATION That staff be authorized to complete the engineering phase ($15,000) of the New Chippawa Boat Dock and the construction costs be considered in the 2012 Capital Budget deliberations. EXECUTIVE SUMMARY Approval of the recommendations are necessary to finalize engineering design for the new Chippawa public boat dock, commence construction and operate the facility. This project is a collaborative partnership between the Chippawa Public Dock Committee and the City of Niagara Falls. The Chippawa Public Dock Committee has been successful in fundraising the costs associated with the dock proper. The City funding commitment of $65,000 is necessary to address all site related requirements including parking, sewers, sidewalk links, emergency access, amenity space and shoreline erosion protection. The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. BACKGROUND On May 30, 2011 City Council endorsed report # MW- 2011 -20 Proposed New Chippawa Boat Dock. This report requested endorsement the boat dock concept plan in partnership with the Chippawa Public Docks Committee and provided City staff with direction to proceed with securing regulatory approvals along with additional design work. In addition this report stated the commitments by the Chippawa Public Docks Committee to fundraise $50,000 to cover costs associated with the construction of the physical dock. City staff have been in actively working with Ontario Power Generation (OPG) to secure necessary agreements to facilitate the public boat dock development. In addition, we anticipate that other required agreements /permits from regulatory agencies including Ministry of the Environment, Transport Canada and the Niagara Peninsula Conservation Authority will be achieved shortly. Since May 2011, the Chippawa Public Docks Committee has been able to raise funds through special events and a Trillium grant. Additional funding opportunities through the WaterSmart Program are also being pursued. March 27, 2012 ANALYSIS /RATIONALE - 2 - MW- 2012 -18 The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. Plans indicating the proposed location and design layout have been included as attachments #1 and #2. Through the development of the new Chippawa public boat dock and associated site works, the area will become a new waterfront park. As a result an opportunity will arise for naming this new waterfront park. With their funding in place, the Chippawa Public Docks Committee is anxious to start construction of public boat dock construction to achieve project completion during summer 2012. The City's share of the funding is needed to complete engineering design (Civil and Electrical) construction of site improvements. To meet the targeted project completion time line City staff need to progress directly to finalizing design details and issue a tender call. As a result staff are requesting through this report early approval of funding of the engineering phase of this project in the amount of $15,000. The construction phase could commence once the Capital Works budget it approved. FINANCIAL IMPLICATIONS This project has been identified in the proposed 10 year capital plan for Municipal Works and is included for Council deliberation in 2012 capital budget. The anticipated cost of the project (including external contributions) is estimated at $170,000, subject to the public procurement process. Costs Budget Engineering $15,000 Fundraising $40,000 Furniture /Equipment $60,000 Trillium Grant $15,000 Sitework /Landscaping $85,000 WaterSmart Grant $50,000 Contingency $10,000 City of Niagara Falls $65,000 Total $170,000 Total $170,000 LEGAL IMPLICATIONS Under the proposed arrangement the Chippawa Public Docks Committee would construct the physical dock to City of Niagara Falls requirements and sub - license the property for the dock from the City of Niagara Falls for a period of five (5) years. For the five (5) year period of the property sub - license, the City of Niagara Falls would lease the public boat March 27, 2012 - 3 - MW- 2012 -18 dock from the Chippawa Public Dock Committee for a small nominal fee. This proposed arrangement has been developed to satisfy Trillium grant requirements. At the end of the five (5) year lease period, the Chippawa Public Dock Committee will convey the ownership of the public boat dock to the City of Niagara Falls. Maintenance operations of the dock will be provided by City Parks Services staff. Staff anticipate that these operations will be accommodated within existing resources. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities LIST OF ATTACHMENTS 1. New Chippawa Boat Dock Location Plan 2. New Chippawa Boat Dock Design Layout Plan Recommended by: Approved by: Geoff Holman /David Antonsen Geoff Holr1'ian, Director of Municipal Works Ken Tddd, Chief Administrative Officer MW- 2012 -04 NiagaraJalls March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -04 2012 Boulevard and Winter Restoration Program RECOMMENDATION That Council approve; 1. the revised Level of Service for the annual Boulevard and Winter Restoration Program, and that; 2. the Mayor and Clerk be authorized to execute an agreement with the successful bidders being; Phoenix Landscaping, Jason Steele Contracting Inc., Sacco Construction and Centennial Construction. EXECUTIVE SUMMARY The Municipal Works Department is responsible for the repair and replacement of municipal boulevards that have been damaged as a result of emergency repairs (such as watermain breaks) or snow plow damage. Past practices using in -house and contracted services have been unsatisfactory and as part of its commitment to continuous improvements staff is proposing modifications to the current Level of Service (LOS). The purpose of this report is to seek Council's endorsement of the proposed changes so that staff can plan and implement the new program as soon as possible this Spring. BACKGROUND Each Spring, Municipal Works staff commence restorative work to repair damaged boulevards, concrete and asphalt from water main breaks, sewer lateral repairs and winter plow damage. In the past, in -house resources were deployed to repair damaged road allowances. This work, however, was time consuming and took Environmental Services staff away from the preventive upkeep and maintenance of the infrastructure. Additionally, due to the increased requirements for the annual inspection of municipal sidewalks, the City's internal concrete restoration crew was not available for this work in 2011. March 27, 2012 - 2 - MW- 2012 -04 In an effort to expedite the work, and ensure municipal staff remained dedicated to their trained functions, the City tendered out the grass and concrete work. Unfortunately, neither the internal, nor the external methods have been as successful as planned. To compound this concern, last year due to the severe weather conditions, the City received almost double the number of locations as the previous year. 2010 Total 323 Sod Damage 202 Asphalt Damage 63 Concrete Damage 58 2011 Total 624 Sod Damage 406 Asphalt Damage 121 Concrete Damage 97 Of these jobs, approximately 490 were contracted out, 111 asphalt repairs were handled "in house" and 29 minor sod /seed repairs were completed internally. In 2011 the grass and concrete work was included in the City's Asphalt Patching Contract as awarded in the spring. This is a large contract of which the main focus is asphalt overlay, with grass and concrete restoration contracted to sub trades. The City maintained its own asphalt restoration crew which very successfully handled the asphalt damaged areas. Unfortunately, as asphalt restoration work is dependant upon concrete being completed, our crews were dependant upon the larger contractor's sub trades to come in from out of town. Additionally, some of the large asphalt patching was completed through the annual Asphalt Patching Contract. Issues related to sod damage were identified in report MW- 2011 -54 approved by Council on November 28, 2011. Staff recognize that efforts to control these annual costs can be better achieved through avoidance. At its meeting on February 28, 2012, Council requested additional information on how sidewalk snowplow damage could be mitigated. ANALYSIS /RATIONALE To improve the program this year, staff has called tenders for sod and concrete work to attract local companies to bid on the work. The tenders closed on February 24, 2012. The tender has the City broken into two segments, each with a minimum of two grass restoration crews and one concrete restoration crew. The tender is designed to ensure that prompt response times and that the successful bidders will not be permitted to sub trade any of their work. It is also an essential element of the tender that successful bidders ensure their primary focus is dedicated to the City of Niagara Falls. Staff is using the Cartegraph system to track areas that have plow damage. Delineators were installed as a preventive measure to mitigate plow damage in susceptible areas. This year's tender is designed to improve response time by: • utilizing four sod /seed restoration crews rather than one, • utilizing two concrete contractors, March 27, 2012 • • - 3 - MW- 2012 -04 crews are a direct report to Environmental Services - no third party contracting, crews are assigned specific areas, but may be mobilized at staff's discretion, 20% reduction in payment if work goes beyond 30 days of initial assignment. With respect to cost avoidance some improvements are expected through enhanced driver training and the use of delineators. The mild conditions this year have meant that the boulevards, particularly on the narrower sidewalks have been susceptible to damage. Despite fewer plowing events we anticipate that we will continue to have some challenges in this respect. Alternatively, we could consider the replacement of existing equipment and /or widening of existing sidewalks. The existing sidewalk plowing equipment was selected to perform its duties in extreme conditions for extended periods of time. Although this equipment is expensive it has proven to be capable of handling major snowfall events. The equipment is an industry standard of 1.28 m wide. Blades cannot be set narrower than the wheel base or it leaves a compacted windrow on the surface of the sidewalk, leaving an uneven walking surface. Fleet Services staff are continually investigating more efficient products that suit our particular needs. With respect to upgrading the existing sidewalks to the proper 1.5 m standard width on the seven approved sidewalk routes, staff have estimated the following costs. Sidewalk Width (m) Total Length (km) 1.1 m or less 7.48 km 1.2m 51.87 km 1.25m 0.72 km 1.4m 0.48 km Total 60.55 km 60.55 km at $75 per meter $4,541,250 *Note: The City's annual sidewalk replacement budget is approximately $350,000 /year. FINANCIAL IMPLICATIONS Environmental Services has budgeted $460,733 for the annual restoration program, attempting to estimate based on previous years' and winter forecasts. Cost of Internal and Contracted Services for Asphalt, Grass & Concrete In 2010 the cost of the annual restoration program was approximately $443,340 at 323 locations. In 2011, the cost of the program reduced to $369,490 for 624 locations but the work was not completed in a timely manner resulting in numerous complaints. Staff are proposing a total budget of $349,733 and are expecting to repair approximately 685 locations. The allocation of cost is split between the Operating and Utility Budgets as follows: March 27, 2012 Winter Paved Surface Winter Sidewalk Maintenance Sanitary Sewer Maintenance Waterworks Maintenance Total - 4 - MW- 2012 -04 $ 30,000 $ 75,000 $ 90,000 $ 70,000 $265,000 The remaining costs for in house work includes labour and materials is approximately $84,733. Staff are expecting an increase this year in the number of restoration jobs. This is due to the mild winter which creates soft ground conditions that are susceptible to damage. The budget has been increased accordingly. Municipal Works has budgeted $216,000.00 for contracted services for this program in 2012. No additional internal staff are required for this program. In 2010 staff identified the high cost of asphalt patching. To save costs, the focus was on internal staff performing the asphalt patching, and contracting the sod /seed and concrete. In 2011, despite almost double the jobs, staff noted that Tess money was spent than the previous years budget, and $50,000.00 less than budgeted for 2011. Should a continuation of reduced costs be confirmed this year, staff anticipate a reduction in this years actuals and next year's budget. The results of this years tenders, as opened on February 24, 2012 are shown on attachment #1 to #4. 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. LIST OF ATTACHMENTS 1. Area #1 Cost Comparisons Sod /Seed /Soil 2. Area #2 Cost Comparisons Sod /Seed /Soil 3. Area #1 Cost Comparisons Concrete 4. Area #2 Cost Comparisons Concrete Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted:y�r -v Ken Todd, Chief Administrative Officer Geoff Holman /Sue Wheeler AREA #1 - Cost Comparison Sod /Seed /Soil Stevensville Country Side Jason Steele Phoenix Supply 100 mm Topsoil Supply m2 Sod Supply m2 Seed Vehicle Total Requirements Met? 3000 9.00 27,000.00 • 2500 10.00 25,000.00 • 500 $ 5.00 $ 2,500.00 54,500.00 NO 3000 11.00 33,000.00 • 2500 4.00 10,000.00 I 500 $ 2.00 $1,000.00 44,000.00 YES 3000 4.00 12,000.00 • 2500 10.40 26,000.00 U 500 $ 5.30 $ 2,650.00 40,650.00 YES 3000 5.00 15,000.00 • 2500 3.50 8,750.00 I 500 $ 1.50 $ 750.00 24,500.00 YES MW- 2012 -04 Attachment 1 AREA #2 - Cost Comparisons Sod /Seed /Soil Stevensville Country Side Jason Steele Phoenix MW- 2012 -04 Attachment 2 Supply 100 mm Topsoil 3000 $ 9.00 $ 27,000.00 $ 44,000.00 YES 3000 $ 11.00 $ 33,000.00 YES 3000 $ 4.00 $ 12,000.00 3000 $ 5.00 $15,000.00 Supply m2 Sod 2500 $ 10.00 $ 25,000.00 $ 44,000.00 YES 2500 $ 4.00 $10,000.00 YES 2500 $ 10.40 $ 26,000.00 2500 $ 3.50 $ 8,750.00 Supply m2 Seed 500 $ 5.00 $ 2,500.00 $ 44,000.00 YES 500 $ 2.00 $ 1,000.00 YES 500 $ 5.30 $ 2,650.00 500 $ 1.50 $ 750.00 Vehicle Total Requirements Met? $ 54,500.00 NO $ 44,000.00 YES $ 40,650.00 YES $ 24,500.00 NO AREA #1 - Cost Comparisions Concrete Ralph's Steele Contrct. Centennial Sacco Nick's Concrete Jason Steele CTC Contract. Concrete Curb /Gutter 200 160 00 32,000 00 25 200 00 5,000 00 200 110 00 22,000 00 -_- 100 200 100.00 20,000 00 25 30 00 750.00 200 84.00 16,800.00 -_- -_- 100 00 20,000.00 200 80.00 16,000.00 - -- 100 200 190 00 38,000 00 200 84 00 16,800.00 200 120.00 24,000.00 -_- MW- 2012 -04 Attachment 3 Concrete Curb Catch Basin Tangents 200 160 00 32,000 00 25 200 00 5,000 00 100 71 00 7,100 00 -_- 100 200 100 00 20,000 00 25 30 00 750.00 100 66 00 6,600.00 200 100 00 20,000.00 25 125 00 3,125 00 100 100 105 00 10,500.00 200 84 00 16,800.00 25 84.00 2,100.00 -_- - -- 200 80 00 16,000 00 25 700 00 17,500 00 200 190 00 38,000 00 25 1,245 00 31,125 00 200 120 00 24,000 00 25 130 00 3,250.00 Ordinary Sidewalk 100 84 00 8,400 00 -_- 100 100 71 00 7,100 00 -_- 100 100 48 00 4,800.00 - -- 100 100 66 00 6,600.00 -__ 100 100 80.00 8.000.00 100 100 105 00 10,500.00 100 100 120 00 12,000 00 - -- Curb Faced Sidewalk 100 160 00 16,000 00 - -- 100 85 00 8,500.00 3,750 00 -_- 100 60 00 6,000 00 -_- 100 66.00 6,600.00 3,500.00 -__ 100 150 00 15,000.00 7,500.00 100 160 00 16,000 00 5,400.00 100 130 00 13,000 00 - -- Sidewalk c/w mesh 50 $ 94 00 4,700 00 50 $ 75.00 3,750 00 -_- 50 $ 60 00 3,000.00 50 $ 70.00 3,500.00 -__ 50 $ 150.00 7,500.00 50 $ 108.00 5,400.00 50 $ 140.00 7,000 00 Total 98,100 00 62,100 00 56,925.00 52,400.00 80,000.00 139,025.00 83,250.00 Meet Vehicle Requirements? Leased YES YES YES Equip. 1 area only NO NO NO AREA #2 - Cost Comparisons Concrete Ralph's Steele Contrct. Centennial Sacco Nick's Concrete Jason Steele CTC Contract. Concrete Curb /Gutter 200 160 00 32,000 00 3,750.00 200 110 00 22,000.00 3,000.00 200 100.00 20,000.00 50 $ 70 00 3,500.00 200 84 00 16,800.00 7,500 00 200 80.00 16,000 00 5,400.00 200 190.00 38,000 00 7,000 00 200 120.00 24,000.00 MW- 2012 -04 Attachment 4 Concrete Curb Catch Basin Tangents 200 160.00 32,000 00 3,750.00 200 100 00 20,000 00 3,000.00 200 100.00 20,000 00 50 $ 70 00 3,500.00 200 84.00 16,800 00 7,500 00 200 80 00 16,000 00 5,400.00 200 190 00 38,000 00 7,000 00 200 120.00 24,000 00 25 200 00 5,000 00 3,750.00 25 30 00 750 00 3,000.00 25 125.00 3,125.00 50 $ 70 00 3,500.00 25 84 00 2,100 00 7,500 00 25 700.00 17,500 00 5,400.00 25 1,245 00 31,125 00 7,000 00 25 130 00 3,250 00 Meet Vehicle Ordinary Sidewalk Cu b Faced Sidewalk Sidewalk c/w mesh Total Requirements? 100 84 00 8,400 00 3,750.00 100 71 00 7,100 00 3,000.00 100 48 00 4,800.00 50 $ 70 00 3,500.00 100 66 00 6,600 00 7,500 00 100 80 00 8,000 00 5,400.00 100 105.00 10,500 00 7,000 00 100 120 00 12,000 00 100 160 00 16,000 00 3,750.00 100 85 00 8,500 00 3,000.00 100 60.00 6,000.00 50 $ 70 00 3,500.00 100 66 00 6,600 00 7,500 00 100 150 00 15,000.00 5,400.00 100 160 00 16,000 00 7,000 00 100 130 00 13,000 00 50 $ 94 00 - -- 50 $ 75 00 4,700 00 3,750.00 50 $ 60.00 3,000.00 50 $ 70 00 3,500.00 50 $ 150 00 7,500 00 50 $ 108 00 5,400.00 50 $ 140 00 7,000 00 98,100.00 Leased 62,100 00 YES 56,925.00 YES Equip for Area #2 52,400 OD NO 80,000 00 NO 139,025 00 no 83,250 00 NO Niagaratalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -23 March 27, 2012 SUBJECT: PD- 2012 -23 PLC - 2012 -001, Request for Removal of Part Lot Control Block 42, Plan 59M -251 More Specifically Described as Parts 1 and 2 Plan 59R- Pinestone Road Owner: Nikola & Caroline Matovic RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 42 of Registered Plan 59M -251, as exempt from Part Lot Control. 2. That the owner be given two years to create the new parcels and notify the City when the separate deeds have been registered. EXECUTIVE SUMMARY Nikola and Caroline Matovic have requested a by -law be passed to exempt Block 42from being subject to Part Lot Control to allow the division of Block 42 into two separate parcels for single detached dwellings. The request can be supported based on the following: The use of this Planning Act mechanism is an acceptable alternative to a consent because the block of land is located within a registered subdivision and its division into more than one parcel has been anticipated. • The approval will permit a deed to be created for each parcel. • The zoning permits single detached dwellings and the proposed parcels comply with the zoning requirements. • The concerns of the Niagara Peninsula Conservation Authority can adequately be addressed at the Building Permit stage. BACKGROUND Proposal Nikola and Caroline Matovic have submitted a request to have Part Lot Control removed from their lands (Parts 1 and 2 of 59R -) located on the northwest side of Pinestone Road (see Schedule 1). The removal of Part Lot Control is a planning tool that is intended to March 27, 2012 - 2 - PD- 2012 -23 allow the reconfiguration of lot lines and /or the division of blocks of land within registered plans of subdivision. ANALYSIS /RATIONALE The subject land is within the Neighbourhoods of St. David's Plan of Subdivision (59M -251) which was registered on July 8, 1998. The subdivision contains a mix of lots for single - detached dwellings and blocks for on- street townhouses. Services have been provided throughout the plan. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt a property from Part Lot Control, which would allow an owner to sell part of their lot without a consent. Approval of a Part Lot Control exemption by -law would allow Block 42 to be divided into two separate parcels. A by -law time limit of two years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The block is zoned Residential Mixed (RE 430) by By -law 1997 -174. The R3 430 zone allows detached, semi - detached and on- street townhouses. Part 2 is to be used for a detached dwelling by the applicant. Part 1 could develop for any of the residential uses subject to the regulatory provisions of the By -law. The Niagara Peninsula Conservation Authority (NPCA) notes that the subject land contain steep slopes associated with the Four Mile Creek Valleyland system. NPCA regulations require a 7.5 metre (25 feet) setback from the stable top -of -bank. The NPCA has also required that the applicant submit a geotechnical report demonstrating that any proposed building envelope is considered stable and be affected by the steep slope on the property. This requirement can be adequately addressed at the Building Permit stage. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Draft Reference Plan (Block 42) Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer D Deluce Attach. S. \PDR\2012 \PD- 2012 -23, PLC - 2012 -001, Block 42, Pinestone Road wpd March 27, 2012 - 3 - SCHEDULE 1 PD-2012-23 ,c* socy,C.LIFFE ET 0 `,_ •-- Rocxymati Mw siCtivEititio sT°N,EFitio p K Subied and E Ro STONE iv,. Nr4,--4-- 4 AV lflVd IS go f 1:2353 March 20 fg aew -202+9 WTd i13Q78~ 92G£ 3.O P NiagaraFags REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -25 March 27, 2012 SUBJECT: PD- 2012 -25 Matters Arising from Municipal Heritage Committee RECOMMENDATION That Council direct staff to add the Niagara Transformer Station at 6389 Allendale Avenue to the Municipal Register of Heritage Properties as it is significant to the community for its associative value with the development of the Hydro electric industry in the City and the province and its association with prominent architect John Lyle. EXECUTIVE SUMMARY The Municipal Heritage Committee was invited by OPG to offer its comments about the heritage significance of the Niagara Transformer Station on Allendale Avenue. The Municipal Heritage Committee toured the facility and completed its Evaluation Criteria form. The Committee came to the conclusion that the due to the Transformer Station's role in the overall development of hydro electricity in the City and the Province and its architectural significance for its association with prominent architect John Lyle, it is worthy of listing on the Municipal Register of Heritage properties. BACKGROUND The property located at 6389 Allendale Avenue is presently owned by Ontario Power Generation (OPG). It has been determined that this property is surplus to their needs and they intend to divest themselves of it. The Niagara Transformer station was built in three stages, 1910, 1912 and 1916 as demand for hydro expanded. It was designed by John Lyle, who was the architect responsible for the design of Union Station in Toronto, the Toronto Stock exchange, Woodbine Racetrack, the High Level Bridge in Hamilton, over Coote's Paradise and many banks in Toronto and throughout Ontario. The Niagara Transformer Station was the largest of the early Transformer Stations and still retains some of the original transformers. March 27, 2012 -2- PD- 2012 -25 The Niagara Transformer Station is a provincial heritage property and is one of a number of transformer stations which along with the various Generating Stations form part of the story of the development of Hydro Electric Power in the City of Niagara Falls. The purpose of the large buildings associated with power generation had to do with the transformer technology of the early 20th Century. The early transformers and associated switching gear were housed inside structures to be protected from the weather. The Niagara Transformer Station accepted low voltage power purchased from the Ontario Power Company generating station located at the base of the Canadian Falls. It was transmitted through underground cables and stepped up to a higher voltage and sent out via the interswitching station at Dundas along high tension power lines. When OPG intends to dispose of buildings more than 40 years old, it must comply with the Ministry of Culture, Tourism & Sport Standards and Guidelines for Conservation of Provincial Heritage Properties. The Standards and Guidelines require OPG to "engage groups and individuals with associations to provincial heritage properties by providing them with opportunities to participate in understanding and articulating the property's cultural heritage value and in making decisions about its future ". Accordingly, OPG had a Cultural Heritage Evaluation Report prepared by Golder Associates to assist with the evaluation of the property and this report includes a Statement of Cultural Heritage Value and a description of the buildings heritage attributes. This report was made available to the Municipal Heritage Committee. OPG invited the Municipal Heritage Committee and City staff, along with staff from the Ministry of Tourism, Culture and Sport and the Ontario Heritage Trust to tour the site. The Municipal Heritage Committee completed its Evaluation Criteria form for Heritage Resource properties and came to conclusion that the building and surrounding property were of significance to the Community for its values associated with architecture, history, environment and its integrity. It scored a 67 out of a possible 77 points therefore rating it as a tremendous Toss to the community should it be demolished. It is appropriate to add the Niagara Transformer Station to the Municipal Register of Heritage Properties. The Committee made the following motion at its meeting of February 28, 2012: "That the Municipal Heritage Committee recommends that the Niagara Transformer Station building located at 6389 Allendale Avenue is of historical and cultural significance to the City, and should be protected as a listed property on the Municipal Heritage Register." March 27, 2012 - 3 - PD- 2012 -25 By adding the property to the Municipal Register, the City is publically identifying its heritage value should OPG dispose of the property to private interests. If listed, a private owner must give the City 60 days notice prior to its demolition, according to the Ontario Heritage Act. Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer P. Boyle :mb S. \PDR\2012 \PD- 2012 -25, Matters Arising from MHC.wpd R &C- 2012 -06 Niagara& lls March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2012 -06 Skating Aids RECOMMENDATION: 1. That skating aids not be permitted during public skating sessions. 2. That skating aids only be permitted during family skates, pre - school skates and other learn -to -skate programs. 3. And that staff schedule a new weekend family public skating session to run concurrently with a public skating session and that a maximum of 50 participants be permitted for the family skate to permit the required space for the use of skating aids. EXECUTIVE SUMMARY At the February 14, 2012, Council meeting, staff was requested to prepare a report to review the use of skating aids (learn to skate assistive devices) at public skating and other skating programs. Recreation Departments within the Niagara Region and surrounding municipalities were contacted to inquire if skating aids are permitted during public skating sessions and /or other skating programs. Considering safety concerns and common practices, staff do not recommend the use of skating devices during public skating sessions. Skating aids should only be permitted during family skate, pre - school skating sessions and other learn to skate activities as recommended by the Ontario Recreation Facility Association (ORFA). BACKGROUND Public Skating is defined as a regular scheduled skating program that is offered to the general public with or without admission being charged for admittance. Public Skating traditionally occurs in a one to two hour block of time.(ORFA) The Ontario Recreation Facility Association (ORFA), Suggested Guidelines for Public Skating states the following in respect to allowing approved skating aids during public skating sessions: No person should enter on to the ice surface during any public skating program unless on ice skates. Street shoes should never be worn on any ice surface. The use of any skating March 27, 2012 - 2 - R &C- 2012 -06 aids should not be permitted on the ice during public skating programs under any conditions. Facility staff should be educated on when "learn to skate" programs are held and advise patrons of such services. Staff contacted eleven municipalities to inquire if skating aids are permitted. See Attachment #1 for the detailed chart. Niagara municipalities that do allow the skating aids are NOTLNirgil, Welland and Port Colborne. Two of the communities have purchased a limited number of skating aids. The three communities on average attract approximately 50 skaters to their public skating sessions. Skating sessions at the Gale Centre attract approximately 200 skaters during the session, with a maximum of 150 participants permitted on the ice. The other surrounding communities only allow the devices during pre - school skating sessions. The aids are not permitted in the communities due to safety concerns. ANALYSIS /RATIONALE Weekend and holiday public skating sessions are very popular at the Gale Centre. Approximately 200 patrons attend an average two hour Sunday afternoon public skating session. Due to the volume of patrons on the ice pad, there is limited space for children learning to skate with the assistance of a skating aid. Based on the recommendation included within the public skating guidelines developed by ORFA, staff cannot support allowing skating aids during an active skating session. The devices are better suited during skating sessions geared to families with young skaters with limited participants on the ice. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Public Skating patrollers, part -time Gale Centre staff are responsible for ensuring a safe and enjoyable skating experience for all skaters. Public Skating rules are posted at the arena and on the City's web site. The patrollers monitor the ice pad throughout the skating session to ensure patrons are adhering to the posted rules. Staff is responsible for enforcing the public skating rules. Risk Management staff has reviewed the request with our insurance provider and they are recommending that we not allow the skating aids during a public skating because of the increased risk to public safety due to the conflicting use and the possible trip hazards of the skate aids themselves. The skating aid can also bring contaminants to the ice if they are not cleaned prior to using on the ice. Refer to Attachment #2 to review considerations for public skating provided by the City's insurance provider. CITY'S STRATEGIC COMMITMENT The Healthy and Safety Community strategic priority reinforces the need to promote awareness and opportunities for active living. Providing opportunities for public skating in a safe and enjoyable environment supports this priority. March 27, 2012 - 3 - R&C- 2012 -06 LIST OF ATTACHMENTS 1. Skating Aid Chart 2. Risk Management Considerations for Public Skating Recommended by: Approved by: Kathy Moldenhauer, Acting Director of Recreation & Culture Keri Todd, Chief Administrative Officer ATTACHMENT 1 Skating Aids /Devices - Survey of other Municipalities Feb -12 Do you allow skating assistance devices? Are devices only allowed in a particular area of the ice? Do you allow devices during public skating? How many people do you typically get for public skating? Can you please provide us with a copy of your skating rules and regulations? St. Catharines No, not at all 175 max Received Thorold Yes, only during pre - school skating during the week No No, eliminated it due to danger 25 -40 No set rules and regulations - skating times are not busy at all Virgil Yes, Town purchased devices and provides to participants No Yes 25 -40 No set rules and regulations - skating times are not busy at all Welland Yes No Yes 50- 75(119 maximum) Received Fort Erie Yes, only durnig parent and tot skating No No, only during parent and tot skating 20 -50 No set rules and regulations - skating times are not busy at all Port Colborne Yes, Town purchased devices and provides to participants No Yes 50 (200 max) Yes - waiting to receive Pelham Yes, during parent pre - school skate No No, during parent pre - school skate 75 - 100 Received Burlington Yes, during recreational and family skates - City provides at each arena Yes, pylons are placed along the blue line Yes, in the designated area 100 Received Hamilton Yes, during parent & tot only (must be CSA approved) No No 75 - 100 Yes, follow ORFA rules Oakville Yes (Only CSA approved devices) Yes Yes, in a designated area only (roped off area) 100 -150 Yes - waiting to receive Brampton Yes, a maximum of 10 aids allowed on the ice Yes Yes, only in the beginner area • Ions alone blue line 100 Received Cowan ATTACHMENT 2 Risk Management Centre of EXCELLENCE Risk Management Considerations for Public Skating 40- year -old female was injured while practicing figures during an unsupervised adult public skate. A person skating backwards, against the flow of traffic, collided with the female skater. The accident resulted in a significant head injury and permanent disability to the female skater. A lack of supervision was alleged to have contributed to the claim. The claim payout was $1,150,000. Factors that Can Increase the Likelihood of a Claim: • Conflicting uses allowed during public skating. • Poor ice conditions during the skate. • Deteriorating ice conditions during the skate. • Dirt or debris on the ice surface. • Unruly patrons. What is Public Skating? Public skating is a leisurely skating program open to anyone, of any age and skill level. Every municipality tailors the skate to meet the needs of their community. Managing the Risk Ice Maintenance & Inspections • Make sure the ice is inspected and repaired prior to the skate. Pay specific attention to ice depth, goal areas and net peg holes. Provide your concerns to the ice resurfacing operator immediately. • Do not allow skaters on the ice until the resurfacer is off the ice and the access doors are secured. Make sure there is no debris on the ice before and after the flooding process. • Evaluate the boards, glass and any other area that the public has access to for poor or dangerous conditions. Inspections should be documented, including any repairs or maintenance completed. All hazards found during inspections should be reported immediately. Document that all inspections and tests were conducted. Remind skate patrol staff to continually check for deteriorating ice conditions during the skate and to take appropriate measures to repair immediately. • Keep the ice surface well lit during public skating sessions. • Remember your ice load capacity. On -Ice Supervision The Ontario Recreation Facilities Association (O.R.F.A) recommends that public skating programs have the following on ice supervision: On -Ice Patrol to Skater Ratio 1 Skate Patrol 1 to 59 persons 2 Skate Patrol 50 - 119 persons 3 Skate Patrol 120 - 160 persons • All on -ice supervisors should wear a helmet. safety vest and skates. All on -ice supervisors should carry a whistle for control purposes. • Use a logbook to record public ice skating events. All acts of vandalism, unruliness, violence or general • Concerns must be recorded. • Complete accident reports for all injuries. • Complete incident reports for all unruly behaviour or patron eviction. Create and adopt a policy and procedure to govern unruly persons. Train your staff on how to follow this procedure. Adopt a zero tolerance policy for verbal /physical abuse by patrons to staff. Follow your "unruly persons" policy and procedure. Signage Rules of Conduct signs are a positive risk management tool and must be posted in a highly visible area to achieve their full potential. • Safety signs should be posted around the rink. • Consider posting Rules of Conduct on your website. • Say what you mean and mean what you say. Enforce your rules. http : / /excellence.frankcowan.corn www.frankcowan.cotn Sample Rules of Conduct • No food or drink on ice surface. • No horseplay /games. • No skating backwards. • No figure skating maneuvers. • No erratic /excessive speed skating. • No balls / pucks /chairs /pylons /strollers /sticks or any other item that might interfere with the safety of any skater while on the ice surface. • No headsets, earphones, cell phones or hand held electronic devices are to be used while skating. • Carrying of children is not permitted on the ice surface. • No sitting on the boards. • Skate with the direction of all skaters. • Skaters are required to conduct themselves appropriately at all times. • Alcohol is prohibited. • Helmets are strongly recommended. • Location of nearest telephone - 911 is a free call. • Children should be supervised. • Respect and listen to the skate patrol supervisors. They are there for everyone's safety. • Skate guards must be worn in un- matted areas of the facility. Skating Aids • No person should go on the ice surface during any public skating program unless on ice skates. • Use of any skating aids such as chairs, pylons, strollers or any other item which might interfere with the safety of any skater while on the ice surface should not be permitted during public skating programs under any condition. • Educate your staff and the public when "Learn to Skate" programs are held. Wheelchairs • For the safety of all involved, designate a specific area for wheelchair use during your public skate. • Set a specific area i.e. close to the boards. • Wheelchairs must not interfere with the flow of skaters. People accompanying those with a wheelchair must wear skates on the ice and be a skilled skater. For safety of all skaters a wheelchair shall have its wheels cleaned prior to going on the ice surface as Not to track debris or dirt onto the ice. Other Considerations 1. Divide public skate programs into • Public Skating - offered to everyone. • Family Skating - for families only. • Adult Skating - adults over the age of 18. • Mature Adult Skating - adults over the age of 50. • Each will require its own set of rules. Risk Management Centre of EXCELLENCE 2. Create public skating announcements over your PA system reminding patrons of the rules governing the public skating session. Repeat the rules a couple of times during the session for late arrivals. Remember to mention the points of egress in the event of emergency. 3. Understand your governing legislation — Occupational Health & Safety Act; Human Rights Code. 4. Consider the scheduled ice events that precede the public skate. Figure skating or hockey use can leave the ice in poor condition. Allow appropriate time to repair the ice. 5. Emergency evacuation procedures — post them for the benefit of the user and make sure all staff are trained in your procedures. Staff training should be done regularly so that staff are prepared to act during the emergency. 6. Defibrillators — make sure they are accessible and staff are trained to use the unit. 7. Perform regular inspections of your facilities to make sure they are safe for public use. 8. Keep your sidewalks and parking lots plowed, shoveled and free of ice. 9. Make sure your floors and mats are safe for the public. 10. Remind patrons that their personal belongings are their responsibility — not yours. 11. It is recommended that all public skating events be supervised. Frank Cowan Company Limited regularly researches and writes about issues that could affect our clients. These documents provide an opinion on key risk management issues but are not meant to provide any form of legal opinion or official interpretation. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. All rights reserved. ©2012 Frank Cowan Company Limited. http : / /excellence.frankcowan.com www.frankcowan.coin /y'1/4 Niagaraag11s REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2012 -07 Douglas Street Parking Control Review TS- 2012 -07 March 27, 2012 RECOMMENDATION A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the south side of Douglas Street between Dorchester Road and Warden Avenue. EXECUTIVE SUMMARY The proposed stopping prohibition will enable unobstructed traffic progression on Douglas Street throughout the school year while maintaining on- street parking on one side for parents of children attending James Morden Public. Parking will remain available on both sides for residents after 4:30 p.m. on weekdays and all day on weekends. BACKGROUND In response to safety concerns, staff has carried out a parking review on Douglas Street. The concern at this location stem from vehicles belonging to parents /guardians of children attending James Morden Public School on Dorchester Road being parked on both sides of Douglas Street restricting two -way traffic flow. Douglas Street is a 90 -metre residential roadway extending in an east/west direction between Dorchester Road and Warden Avenue. The roadway is 8 metres in width and consists of a concrete sidewalk and a grass boulevard on each side. At present time there are no daytime parking restrictions on Douglas Street. James Morden Public School is located on the east side of Dorchester Road, across from Douglas Street. The school parking lot was recently reconstructed in conjunction with a building addition. Whereas school buses previously stopped on the east side of Dorchester Road, drivers now Toad /unload within the parking lot directly adjacent to the building. The school has 46 parking spaces for 28 staff and 18 visitors. At present time construction is taking place on the gymnasium, and some of the existing parking spaces are being utilized for the construction crew. A school crossing is present on the north side of the Dorchester Road at Douglas Street intersection. A school crossing guard is on duty between the hours of 8:00 a.m. to 8:30 March 27, 2012 -2- TS- 2012 -07 a.m., 12:45 p.m. to 1:45 p.m., and 3:05 p.m. to 3:50 p.m. to supervise school children across Dorchester Road. ANALYSIS /RATIONALE During a technical assessment of the area, Staff observed that vehicles parked on both sides of Douglas Street between Dorchester Road and Warden Avenue obstructed through traffic and reduced drivers' ability to negotiate turns. These parking concerns are prevalent during the drop off /pickup time at James Morden Public School and can be exacerbated during the winter months when snow banks further reduce the road width. To mitigate the aforementioned concerns, Staff is recommending a no stopping zone during school days /hours on the south side of Douglas Street between Dorchester Road and Warden Avenue. Children who cross Dorchester Road at the existing school crossing location will be able to access their guardian's vehicle without the necessity of crossing Douglas Street, thus reducing their exposure to traffic. This restriction will enable traffic to adequately proceed along Douglas Street. The results obtained from a parking petition on Douglas Street did not reveal a statistical consensus. A review of the collision files reveals that there were no collisions reported in the study area in the previous three years. The proposed parking controls are supported by the school principal. In addition, the principal supports a Kiss & Ride Program on school property and will contact City Staff for assistance once the construction of the gymnasium is completed. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2012 General Purposes Budget. Cost studies estimate that the cost to install the required signage is approximately $250. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing Recommended by: Respectfully submitted: /M. Carrick Karl Dren, Director of Transportation Services Ken 'Todd, Chief Administrative Officer r1/4 Douglas Street Parking Control Review TS- 2012 -07 • • • • • Proposed "No Stopping 8:00 a.m. to 4:30 p.m., Monday to Friday" Zone Niaga rarolls NORTH Niagarafnys REPORT TO: SUBMITTED BY: SUBJECT: CD- 2012 -03 March 27, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2012 -03 Re- naming Northern Portion of Falls Avenue to Blondin Avenue RECOMMENDATION That Council approve the renaming of the northern portion of Falls Avenue to Blondin Avenue and approve the related by -law listed later on the Council agenda. EXECUTIVE SUMMARY As a result of implementation of Council's direction, as per the approval of the Roberts Street name change to Falls Avenue, a name change was required for the portion of Falls Avenue between the Rainbow Bridge Custom's Plaza and John Street. The proposed North Falls Avenue is not in keeping with 9 -1 -1 addressing protocols. The owner, of the only affected address, has since sold their property. Staff is recommending Blondin Avenue, after the famed aerialist. The avenue's proximity to the gorge makes it appropriate to name the road after Charles Blondin. BACKGROUND Council approved PD- 2011 -57, recommending to the Region that the name of Roberts Street (Regional Road #20) be changed to Falls Avenue. The Region subsequently approved the name change. Renaming Roberts Street as Falls Avenue meant that the portion of Falls Avenue between the Rainbow Bridge Custom's Plaza and John Street also needed a name change. The owners of the only affected property, 5600 Falls Avenue, did not want the portion of the road renamed, especially for marketing of the property for potential sale. City staff had suggested Blondin Avenue but agreed to the owners' request. As a compromise, staff recommended the portion be renamed North Falls Avenue. The property has subsequently been sold and operational staff has expressed concerns regarding possible confusion over the variance in names, especially if an emergency was to arise. ANALYSIS /RATIONALE As indicated in the background section, the original proposal was to rename the portion of Falls Avenue, between the Rainbow Bridge Custom's Plaza and John Street, North Falls Avenue. Internal staff that was implementing the Roberts Street address changes, has recommended that a complete name change instead of adding a directional prefix (i.e., north) occur for the portion proposed to be North Falls Avenue. Staff follows 9 -1 -1 addressing protocols, which frown upon similar names for different streets because of possible confusion created, especially in an emergency scenario. March 27, 2012 - 2 - CD- 2012 -03 The ownership of 5600 Falls Avenue has subsequently changed hands, therefore, the requester of North Falls Avenue no longer owns the property. The new owners have officially been sent a letter (attached) asking if they have any objections to the name of section being changed to Blondin Avenue. In addition, a notice has been placed in the Niagara Falls Review. The name (Charles) Blondin has historical significance to the municipality and the area in the vicinity of the Falls. Blondin was the famous aerialist who crossed the Niagara River on a tightrope on multiple occasions circa the 1860's, drawing many spectators and visitors to Niagara Falls. A depiction of Blondin has previously been over Clifton Hill and currently is located in association with Madame Tussauds on Victoria Avenue. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Municipal Act is no longer prescriptive on how municipalities choose to change the name of a street under their authority. Similar to Roberts Street, staff has notified directly affected property owners and placed an advertisement in the daily newspaper. Also, in keeping with the Council approval related to Roberts Street, the property owner at 5600 Falls Avenue can receive reimbursement up to $150 for any costs associated with the address change upon submission of receipts. There will be minimal change of existing signage. CITY'S STRATEGIC COMMITMENT This is mostly a housekeeping matter as a result of implementation of Council's direction, as per the approval of the Roberts Street name change to Falls Avenue. Recognizing Charles Blondin is in keeping with heritage tourism, LIST OF ATTACHMENTS Letter to property owner of 500 Falls Avenue Recommended by: Respectfully submitted: DI Dean lorfida, pity Clerk Ken Todd, Chief Administrative Officer ' Niararaj-'alls Proposed Blondin Avenue K. \GIS_Req uests \2012 \Custom \Internal \Planning \Fal IsAv_Blond inAv. map March 2012 NiajaraFalls March 2, 2012 2298642 Ontario Inc. 10 Canal Street St. Catharines, ON L2N 4S6 Dear Madam/Sir: Re: 5600 Falls Avenue, Niagara Falls Re- naming of Falls Avenue As the current owner of the property at 5600 Falls Avenue, the City of Niagara Falls would like to inform you of a planned change in the street name of Falls Avenue between Newman Hill and John Street. This two block section of Falls Avenue is being renamed to avoid confusion with the recent change of Roberts Street to Falls Avenue. The enclosed map shows the current street names and proposed street to be re- named. The previous owner of the property did not want to have the street re- named, so as a compromise, the new name was to have been 'North Falls Avenue'. This would be indicative of its geographic location, but emergency services protocol finds this prefix on a street name to be confusing, so it is proposed now to name it Blondin Avenue. The name Blondin has historical significance in the area and to the City. 'Blondin' was an aerialist who crossed the Niagara River on a tightrope stretched 260 ft above the river on June 30th 1859 in front of 50,000 spectators. On September 15, 1860, Blondin completed the crossing carrying a man on his back. This feat was repeated several times during the next year and drew many spectators and visitors to Niagara Falls. Canada Post delivers by postal code and the change should not affect your mail delivery to this address. City Council provides compensation to a maximum of $150 towards your costs associated with the change of street name where corresponding receipts are supplied. Working Together to Serve Our Community Planning, Building & Development Department Ext 4231 Fax 905 - 356 -2354 aherlovitch @niagarafalls.ca -2- 2298642 Ontario Inc. March 2, 2012 The by -Law to effect this street name change is scheduled to go before Council on March 27, 2012, so it would be appreciated if you could respond with your confirmation before March 19, 2012. Yours truly, Alex Herlovitch, MCIP, RPP Director of Planning, Building and Development AH:bm enclosure S: TRA.\ SPQR `STNAME'RobertstoFalls'2298642 Ontario Inc.wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to rename Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and John Street. City of Niagara Falls, as Blondin Avenue. WHEREAS Section 11(3) of the 1, IunicipalAct, 2001 provides that passing a by -law related to highways is within the sphere of jurisdiction of a lower -tier municipality. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Falls Avenue Plan 294 Town ofNiagara Falls lying between Newman Hill Road and John Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, be known as Blondin Avenue. Passed this twenty - seventh day of March, 2012 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading Second Reading Third Reading March 27, 2012 March 27, 2012 March 27, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Blocks 42, Registered Plan 59M -251, not be subject to part -lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 97 -174 to permit the erection of single detached dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Block 42 into two parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 42, Registered Plan 59M -251, described as Parts 1 and 2 on Reference Plan 59R -, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twenty- seventh day of March, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 27, 2012 March 27, 2012 March 27, 2012 S: \PART L01 CONTROL \2012 \PLC -01 \Block 42 PLC By- law .wpd CITY OF NIAGARA FALLS By -law No. 2012- A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling on the Lands in addition to the uses permitted in an R2 zone. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By-law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in an R2 zone; and (b) Cottage rental dwelling 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 357 square metres (b) Minimum front yard depth 3.4 metres (c) Minimum exterior side yard width 3.5 metres (d) Maximum number of bedrooms in a 3 cottage rental dwelling (e) Maximum occupancy of a cottage rental 6 persons dwelling (f) The balance of regulations specified for an R2 use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. -2- 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet D3 of Schedule "A" of By -law No. 79- 200 by numbering the Lands 949. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.949 Refer to By -law No. 2012 - Passed this twenty- seventh day of March, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 27, 2012 March 27, 2012 March 27, 2012 S:\ZON NG\AMS`2011 \By- laws\ByamO 12 wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land /, Amending Zoning By -law No. 79 -200 Description: Pt Lt 171 PI 304 Niagara Falls; Pt Lt 172 PI 304 Niagara Falls As In R0552933; Niagara Falls Applicant: Michael and Kristine Adams Assessment #: 272501000618500 K: \GIS_Requests\ 2011 \Schedule\ZoningAM \AM- 12 \mappi ng. map N s 1: NTS AM- 2011 -012 December 2011 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2002 -148, which amended By -law No. 79 -200, to revise the legal description of the lands and replace Schedule 1. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -148 is amended by deleting sections 1 and 6 and inserting the following: "1. Sheet D4 of Schedule "A" to By -law No. 79 -200, as amended, is further amended by numbering 588 the land on the south side of Centre Street, bordered by Ellen Avenue and McGrail Avenue, being Firstly: Part of Lots 49, 72 and 73, Plan 291, being Part 1 on Reference Plan 59R- 14596, Town of Niagara Falls (part of PIN 64345 -0109 LT); Secondly: Part of Lots 48 and 73, Plan 291, Town of Niagara Falls (PIN 64345 -0103 LT);Thirdly: Part of Lot 73, Plan 291. being Parts 1 and 2 on Reference Plan 59R- 9335, Town of Niagara Falls (PIN 64345 -0060 LT); Fourthly: Lots 47, 88, 89, Part of Lots 46 and 48, Plan 291, Part of Lot 128, Plan 1002, being Part 2 on Reference Plan 59R -8276, save and except Parts 2, 3 and 4 on Reference Plan 59R -11876 (PIN 64345- 0100 LT); and Fifthly: Part of Lots 46, 74, 75 and 76, Plan 291; Part of Lot 1, north side of Ellen Street, Plan 1001; Part of Lot 128 and Part of 10 foot Alleyway, Plan 1002, being Part 1 on Reference Plan 59R -8276, save and except Part 1 on Reference Plan 59R -11876 (PIN 64345 -0098 LT), in the City of Niagara Falls, in the Regional Municipality ofNiagara, now shown hatched and designated TC and numbered 588 on plan Schedule 1 attached to and forming part of this by -law. 6. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.588 Refer to By -law No. 2002 -148, as amended by By -law No. 2012 - By -law No. 2002 -148 is amended by deleting Schedule 1 and replacing it with Schedule 1 attached. 2. Passed this twenty- seventh day of March, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 27, 2012 March 27, 2012 March 27, 2012 S: ZONING\ AMS\2011 \ By-laws \Byam013(a).wpd SCHEDULE TO BY -LAW No. 2002 -148 Subject Land Description: Amending Zoning By -law No. 79 -200 Firstly: Part of Lots 49, 72 and 73, Plan 291, being Part 1 on Reference Plan 59R- 14596, Town of Niagara Falls (part of PIN 64345 -0109 LT); Secondly: Part of Lots 48 and 73, Plan 291, Town of Niagara Falls (PIN 64345 -0103 LT); Thirdly: Part of Lot 73, Plan 291, being Parts 1 and 2 on Reference Plan 59R -9335, Town of Niagara Falls (PIN 64345 -0060 LT); Fourthly: Lots 47, 88, 89, Part of Lots 46 and 48, Plan 291, Part of Lot 128, Plan 1002, being Part 2 on Reference Plan 59R -8276, save and except Parts 2, 3 and 4 on Reference Plan 59R -11876 (PIN 64345 -0100 LT); and Fifthly: Part of Lots 46, 74, 75 and 76, Plan 291; Part of Lot 1, north side of Ellen Street, Plan 1001; Part of Lot 128 and Part of 10 foot Alleyway, Plan 1002, being Part 1 on Reference Plan 59R -8276, save and except Part 1 on Reference Plan 59R -11876 (PIN 64345 -0098 LT). All of which are located with the City of Niagara Falls, in the Regional Municipality of Niagara. Applicant: Ashak Merani - 1174757 Ontario Inc. & 1234917 Ontario Ltd. Assessment #: PT 272503000304900; 272503000302400; 272503000304700; 272503000302002 AM -2002 -148 K: \GIS_Requests\ 2012\ Schedule \ZoningAM \AM - 2002 - 148 \mapping.map March 2012 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to amend By -law No. 2009 -84, which amended By -law No. 79 -200, to revise the legal description of the lands, adjust the landscaping regulation, and replace Schedule 1. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By -law No. 2009 -84 is amended by deleting subclause (iii) of clause (e) of section 5 and section 10 and inserting the following: "5(e)(iii) along and abutting the easterly interior lot line save and except for one canopy and one waste disposal enclosure which may extend into the required landscaping strip 3.4 metres 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.863 Refer to By -law No. 2009 -84, as amended by By -law No. 2012- By -law No. 2009 -84 is amended by deleting Schedule 1 and replacing it with Schedule 1 attached. Passed this twenty- seventh day of March, 2012. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: S: V ON ING\AMS\201 1 \By March 27, 2012 March 27, 2012 March 27, 2012 - laws \Byam013(b).wpd JAMES M. DIODATI, MAYOR SCHEDULE 1 TO BY -LAW No. 2009 -84 Subject Land Amending Zoning By -law No. 79 -200 Description: PTS 02 & 03, 59R14008, SAVE AND EXCEPT FOR PT 01, 59R14596 Applicant: Ashak Merani- 1174757 Ontario Inc. & 1234917 Ontario Ltd. K: \GIS_Requests \2012 \Schedule \ZoningAM \AM - 2009- 084 \mapping.map N s 1:NTS AM- 2009 -084 March 2012 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by- -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Community Safety Zones) WHEREAS pursuant to Section 214.1(1) of the Highway Traffic Act, R.S.O., 1990 Chapter H.8, as amended, the Council of a Municipality may by by -law designate a part of a highway under its jurisdiction as a community safety zone, if in the opinion of Council, public safety is of special concern on that part of the highway; AND WHEREAS the Council of the Corporation of the Niagara Falls deems public safety is of special concern on certain highways to implement such a by -law; NOW THEREFORE The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: By Adding Section 306.01: 306.01 Where official signs are erected or placed on highways in accordance with the regulations of the 1lighway Traffic Act, R.S.O." 1990 Chapter H.8, as amended from time to time. the highways set out in Column 1 and limits as defined in Column 2 of Schedule "AD "' are hereby designated as Community Safety Zones and shall be enforced during the period of times" days or months as set out in Column 3 to the said Schedule "AD " ". -2- This By -law shall come into force immediately. Passed this twenty- seventh day of March, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Readin <_: Second Reading: third Reading: March 27, 2012 March 27, 2012 March 27, 2012 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - 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, Yield Signs at Intersections. Stopping Prohibited, Community Safety Zones) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Cherrygrove Road & Dovewood Drive Carolyn Avenue & Heather Avenue Acheson Avenue & Leader Lane Dyson Avenue & Leader Lane Leader Lane & Muir Avenue Leader Lane & Martin Avenue Broughton Avenue & Leader Lane Hickson Avenue & Leader Lane Southbound on Dovewood Drive Southbound on Heather Avenue Northbound on Acheson Avenue Northbound on Dyson Avenue Northbound on Muir Avenue Northbound on Martin Avenue Northbound on Broughton Avenue Northbound on Hickson Avenue (2) by removing from the specified columns of Schedule Q thereto the following item: -2- YIELD SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Carolyn Avenue & Heather Avenue (3) Southbound on Heather Avenue by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN McMicking Street McMicking Street McMicking Street North Dorchester Road and Piva Avenue South A point 10 metres west of Piva Avenue and a point 10 metres east of Piva Avenue North Piva Avenue and a point 15 metres east of Piva Avenue COLUMN 4 TIMES OR DAYS 8: 00 a.m. to 4.30 p m Monday to Friday At All Times At All Times (4) by adding to the specified columns of Schedule AD thereto the following items: COMMUNITY SAFETY ZONES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 TIMES /DAYS /MONTHS Kalar Road A point 130 metres north of Forestview Boulevard /Rideau Street and a point 105 metres south of McLeod Road McLeod Road A point 40 metres east of Garner Road and a point 115 metres east of Kalar Road This By -law shall come into force when the appropriate signs are installed. Passed this twenty- seventh day of March, 2012. At All Times At All Times DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading. Second Reading Third Reading March 27, 2012 March 27, 2012 March 27, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #1, being appointments to the Arts & Culture Committee, be amended to delete the names Laurie Cain -Anez, Torena Gardner- Durdle, Nicolina Maruca. 2. That Paragraph #1, being appointments to the Arts & Culture Committee. be amended to add the names Priscilla P. Brett, David Fanstone, Jordan Fry, Leona Grandmond, Angela Heppner and Laura Moffat. 3. That Paragraph #2, being appointments to the Committee of Adjustment, be amended to delete the name Guy Prata. 4. That Paragraph #5, being appointments to the Municipal Heritage Committee, be amended to add the names Aaron Butler and Len Inkster 5. That Paragraph #7, being appointments to the Niagara Falls Public Library Board. be amended to delete the names Nancy Eidt- Reynolds and Shirley Fisher. 6. That Paragraph #7, being appointments to the Niagara Falls Public Library Board, be amended to add the names Louis Visentin and Brad Peters. Passed this twenty - seventh day of March, 2012 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 27, 2012 Second Reading: March 27, 2012 Third Reading: March 27, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the payment of $20,636,684.28 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning January 27, 2012 to March 7, 2012. Passed this twenty- seventh day of March 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 27, 2012 March 27, 2012 March 27, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of March, 2012. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 27th day of March, 2012 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted. ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty - seventh day of March, 2012. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 27, 2012 March 27, 2012 March 27, 2012