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2012/07/24Niagaraaa1ls , 1 , COUNCIL MEETING July 24, 2012 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of June 26, 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. PRESENTATIONS/ DEPUTATIONS GNGH Foundation Ruth Ann Nieuwesteeg, Chair of the Greater Niagara General Hospital Foundation, will be requesting that Council purchase a table for their gala fundraiser. Heartland Forest Elisabeth Graham, Executive Director, Heartland Forest, will be requesting City participation in the Niagara Falls Canada Chamber of Commerce Golf Tournament which benefits Heartland Forest this year. Niagara District Airport Commission Reudi Suter, Chairman of the NDAC will request approval of a budget amendment to the Commission's 2012 budget related to a Fixed Based Operator (FBO) agreement. - 2 - PLANNING MATTERS Public Meeting 26T -11- 2012 -01 & AM- 2012 -003 Deerfield Estates Phase 10 Draft Plan of Subdivision and Zoning By -law Amendment Application Block 209, Plan 59M -384 Kalar Road(West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) Background Material: Recommendation Report: PD- 2012 -42 Public Meeting AM- 2012 -006, Official Plan nd Zoning By -law Amendment Application: 9941 Lundy's Lane, Applicant: Futecan Canada Inc. Agent: Quartek Group Inc. Proposed Winery & Ancillary Uses Background Material: Recommendation Report : PD- 2012 -41 Public Meeting AM- 2012 -005, Official Plan and Zoning By -law Amendment Application 5555, 5599 and 5651 River Road, 4369 Hiram Street and 5600 Blondin Avenue. Applicant: 2298642 Ontario Inc. and 2302846 Ontario Inc. (Ralph Terrio and Hunter Milborne) Agent: MMM Group (Chad John - Baptiste) Background Material: Recommendation Report : PD- 2012 -46 -AND- Correspondence from John & Theresa Prentice MISCELLANEOUS PLANNING MATTERS PD- 2012 -36 - Proposed Change from Residential Loan to Residential Grant Downtown Community Improvement Plan - Revised TRANSPORTATION MATTERS TS- 2012 -30 - WEGO Operations, Maintenance and Storage Facility Class B Cost Estimate Update. - 3 - MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1.a Victoria Centre BIA - requesting approval of their 2012 budget. 1.b Fallsview BIA - requesting approval of their 2012 budget. 1.c Lundy's Lane BIA - requesting approval of their 2012 budget. RECOMMENDATION: For the Approval of Council. 2. CIBC Queen Street - requesting an encroachment of a minor nature to enable an accessible ramp into their Downtown branch. RECOMMENDATION: For the Approval of Council. 3. Memo from City Clerk - background on the Line Fences Act and Fence Viewers. RECOMMENDATION: For the Direction of Council. 4. NFCS Titans - requesting relief to the City's Noise By -law in relation to the 50`h Anniversary of the A.C. Douglas tournament. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS RATIFICATION OF "IN CAMERA" RECOMMENDATIONS - 4 - RESOLUTIONS 1 THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Battlefield Redevelopment Projectfor consideration for the Community Infrastructure Improvement Fund (CIF) 2. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Millennium Trail Section Three for consideration for the Community Infrastructure Improvement Fund (CIF) 3. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Reconstruction and Road Widening of McLeod Road for consideration for the Community Infrastructure Improvement Fund (CIF) 4. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Prince Charles Park and Pool Redevelopment Project for consideration for the Community Infrastructure Improvement Fund (CIF) 5. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls request that the Regional Municipality of Niagara submit the Thorold Stone Road extension for consideration for the Community Infrastructure Improvement Fund (CIF) 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. CD- 2012 -08 - Adult Entertainer Hearings June 26 F- 2012 -31 - 2011 Development Charges F- 2012 -36 - Municipal Accounts F- 2012 -37 - Major Receivables Monthly (June) HR- 2012 -06 - Council Chambers L- 2012 -17 - Niagara Falls Bridge Commission Lease Agreement with the City and Region Parts 2, 3 & 4 on Reference Plan 59R- 11659, 4300 Buttrey Street MW- 2012 -39 - 2012 Surface Treatment Program, Tender Award - Contract #2012 -08 -5- MW- 2012 -40 - Willoughby Drive Extension Construction Development Agreement MW- 2012 -41 - 2012 Asphalt Overlay Program Phase 1, 2 & 3. Tender Award - Contract #2012 -03. MW- 2012 -43 - Deerfield Estates Phase 9 (River Realty) Request to Amend Subdivision Staging. MW- 2012 -44 - Dixon Street/Cleveland Avenue Municipal Services Improvements Tender Award - Contract # 2012 - 212 -08. MW- 2012 -33 Authorization to Execute Contract Documents Various Municipal Works Capital Projects. PD- 2012- 26 -TARG- 2011 -001, "Revised" Brownfield Rehabilitation Grant. Agreement - 7549 Kalar Road - 2124484 Ontario Ltd. ( Warren Woods Development) Agent: Luciano Piccioni - RCI Consulting. PD- 2012 -39 - Deeming By -law Application, 4749 Buttrey Street. Applicant: Niagara Energy Products Corp. Proposed Industrial Redevelopment. PD- 2012 -40 - DB- 2012 -002, Deeming By -law Application. 6935 Oakwood Drive. Applicant: 1788615 Ontario Limited. Agent: Chris Cristelli. Proposed Industrial Development. PD- 2012 -43 - Matters Arising from Municipal Heritage Committee, 2012 Designated Property Grant Application. PD- 2012 -44 - PLC - 2012 -004, Request for Removal of Part -Lot Control, Lots 12 -15, Part of 16, Plan 59M -251. 6310 -6346 Pinestone Road. Developer: Mountainview Homes. PD- 2012 -45 - PLC - 2012 -006, Request for Removal of Part -Lot Control Block 44, Plan 59M -251. Pinestone Road. Developer: Joe DiCosimo. TS- 2012 -29 - Transit Agreement with Niagara College's Student Administrative Council BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -56 A by -law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Properties Inc. respecting Chippawa West Phase II- Stage 1 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. 2012 -57 2012 -58 - 6 - A by -law to authorize the execution of a Lease Extension Agreement with The Regional Municipality of Niagara and the Niagara Falls Bridge Commission, respecting the use of Parts 2, 3 & 4 on Reference Plan 59R -11659 (Buttrey Street), for parking purposes. A by -law to designate Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5, Lot 6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive, Registered Plan 997, Town of Niagara Falls;to be deemed not to be within a registered plan of subdivision. (DB- 2012 -001) 2012 -59 A by -law to designate Lots 10 and 11, Registered Plan 228 to be deemed not to be within a registered plan of subdivision. (DB- 2012 -002) 2012 -60 A by -law to amend By -law No. 79 -200 to establish new parking standards in portions of the Clifton Hill and Fallsview Subdistricts. (AM- 2011 -002) 2012 -61 A by -law to amend By -law No. 79 -200 to exempt certain uses in the Victoria, Clifton Hill and Fallsview Business Improvement Areas from having to provide parking. (AM- 2011 -002) 2012 -62 2012 -63 A by -law to amend By -law No. 94 -212, which amended By -law No. 79 -200, to eliminate the requirement to provide off -site parking and to replace Schedule 1. (AM- 2011 -002) A by -law to amend By -law No. 2010 -152, which amended By -law No. 79 -200, to guide the development of part of the Deerfield Estates Phase 10 plan of subdivision and Block 209, Registered Plan 59M -384. (AM- 2012 -003) 2012 -64 A by -law to amend By -law No. 79 -200, to guide the development part of the Deerfield Estates Phase 10 plan of subdivision on the Lands. (AM- 2012 -003) 2012 -65 A by -law to designate Lots 12 to 15 and Part of Lot 16, Registered Plan 59M- 251, not be subject to part-lot control. (PLC- 2012 -004) 2012 -66 A by -law to designate Block 44, Registered Plan 59M -251, not be subject to part-lot control. (PLC- 2012 -006) 2012 -67 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2012 -68 A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and breakfast) for 4 bedrooms and an estate winery and ancillary uses on the Lands in addition to the uses permitted in an A zone and repeal By -law No. 2004 -90, which permitted a tourist home with not more than 4 bedrooms. (AM- 2012 -006). 2012 -69 A by -law to provide for the adoption of Amendment No. 104 to the City of Niagara Falls Official Plan. (AM- 2012 -006). 2012 -70 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2012 -71 A by -law to authorize the execution of an Agreement with Neil and Natalina Barratt to convert a part of Willoughby Drive to an Improved Street. 2012 -72 A by -law to authorize the execution of an Agreement with Niagara College Student Administrative Council Inc. to provide Niagara Transit Services for the 2012 -2013 school year. 2012 -73 A by -law to authorize the payment of $20,363,183.93 for General Purposes. 2012 -74 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of July, 2012. NEW BUSINESS (7/19/2012) Dean lorfida - diodatigngh.docx June 29, 2012 Dear Mayor Diodati, I am writing on behalf of the Greater Niagara General Hospital Foundation to request that the city purchase or sponsor a table for our upcoming gala- fundraiser on Sept. 22, 2012. As you know, the Foundation is the fundraising arm of the local hospital. We generate money to buy all the equipment that keeps the hospital running, and allows it to provide health care to the people of Niagara Falls - and to the millions of visitors who come to our city each year. The provincial government does not provide funding for medical equipment; that money must be raised in the community, and the gala, in its second year, is a vital tool in that cause. Each table costs $1,000 and comes with 10 tickets. This year's event takes place at the Crowne Plaza Hotel in its historic ballroom which was constructed in 1929. The Foundation greatly appreciates the leadership shown by city council on health- care issues, and its past support, financial and otherwise, of our organization. We look forward to celebrating with you on what promises to be a fun and entertaining evening. I would like to request that our chairwoman, Ruth Ann Nieuwesteeg, be permitted to address council about this project at the earliest opportunity. Please do not hesitate to contact me if you require further information. Peter Conradi Board Member, GNGH Foundation (7/19/2012) Dean lorfida - Heartland Forest - golf tournament From: To: Date: Subject: Attachments: <elisabethgraham @sympatico.ca> "'Dean lorfida "' <diorfida @niagarafalls.ca> 7/17/2012 11:39 AM Heartland Forest - golf tournament City of Niagara Falls Golf Tournament Request.pdf; Golf Flyer.JPG; Registra tion Form.pdf Hi Dean, as promised please find attached the Niagara Falls Chamber of Commerce golf tournament flyer and registration form along with a cover letter. I would like to confirm that I would like to make a deputation to City Council about their potential involvement in the tournament at your next meeting - July 24th. Thanks for your support! Elisabeth Graham Page 1 July 17, 2012 Dean lorfida, City Clerk Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON, L2E 6X5 Dear Dean, Heartland Forest Nature Experience 8400 Kalar Rd. between Chippawa Creek Rd. & Brown Rd. www.heartlandforest.org 905.356.7384 As you know Heartland Forest is building a permanent nature centre that will provide year -round access and programming and fulfills Heartland's desire is to be seen as a leading example of accessibility issues and environmental stewardship. In support of our capital campaign The Niagara Falls Chamber of Commerce has selected Heartland Forest to be the beneficiary of this year's golf tournament. On September 19th businesses — large and small — and individuals will gather to enjoy a day of golf, friendship and the opportunity to reinvest in our community. We invite the City of Niagara Falls Councillors and staff to be part of this exciting event. Please find attached a golf tournament flyer and registration form. The new Nature Centre will certainly be a catalyst to grow Heartland Forest and we would be honoured to have representatives from the City of Niagara Falls participate. Sincerely, Elisabeth Graham Executive Director Office Mailing Address 7201 Beechwood Rd. Niagara Falls, ON L2E 6S5 Niagara this Week Chamber of Commerce Niagara Falls Golf Tournamen In Support of: FOREST Wednesday, September 19, 2012 Willodeli Golf Club of Niagara Registration & Lunch @ 11 am / Shotgun Start @ 1 pm Registration Includes Tournament Entry Fee Options More Fun on the Fairway • 18 Holes of Golf with Cart - Scramble Format • BBQ Lunch with Complimentary Beverage • Buffet Dinner • Contest Prizes Individual Play - $154 plus HST Foursome Play, Sponsor & Save - $700 plus HST (Includes ONE hole sponsor on the green) Dinner only - $75 plus HST A portion of the proceeds to Benefit Heartland Forest Golfers will receive a charitable receipt for portion of the Golf Registration • 50/50 Draw • Silent Auction • Putting Contest • Wine Sample • $10,000 Hole in One contest 905 - 374 -3666 • www.niagarafallschamber.com NJAGARA th/s \VEEK Niagara This Week Chamber of Commerce Niagara Falls, Canada Golf Tournament Wednesday, September 19, 2012 Willodell Golf Club Of Niagara Ltd. MAGARA this TEK GOLF RE GISTRATION FORM.. Company Name Address: City: Postal Code: Contact Person: Email Address: Foursome Names: 1. 3. 2. 4. Foursome Play, Sponsor & Save ($700.00 plus HST) $ Individual Play ($154.00 plus HST) $ Dinner Only ($75.00 plus HST) Sponsorship (Please see attached form) $ Prize Donation ❑ Pick Up ❑ Deliver to Chamber Goody Bag Donation ❑ Pick Up ❑ Deliver to Chamber Total $ • Method of Payment: Cheque Enclosed L. Invoice Me a VISA a MasterCard J AMEX Card Number Cardholder's Name Expiry Date By signing the above, you agree to abide by the rule and regulations of the event as established by the Chamber of Commerce Niagara Falls, Canada and Willodell golf Club of niagara and herby agree to hold harmless the same for any loss, damage, or injury suffered while participation (or from participation in) this event. Please complete this sheet and return to the: Chamber of Commerce Niagara Falls, Canada 4056 Dorchester Road • Niagara Falls, Ontario • L2E 6M9 Fax Number: (905) 374 -2972 email: marilena @niagarafallschamber.com In salmon pt Making Nature Accessible ter All Page 1 of 1 Dean Iorfda - Airport: Presentation July 24 From: <ruedi ii;herutex.com> To: "Dean Iorfida" <diorfidaniagarafalls.ca> Date: 7/16/2012 8:20 PM Subject: Airport: Presentation July 24 CC: "Janice Wing" <janice wing gcogeco.ca> Hello Dean hope you're doing fine! ! ! Following up on your /our /their conversation re the Airport FBO agreements: I would like to request for a presentation (10 minutes) before Council on Tuesday, July 24th, 2012: Ruedi Suter, Chairman, Niagara District Airport Commission. Title: Niagara District Airport Budget Amendments I will provide supporting documents later this week, if that's OK with you? Thanks a lot and have a great day, Ruedi Ruedi Suter, Chairman Niagara District Airport Commission Phone (1) 905-325-8473 rued i ©herutex. com rsuter @niagaradistrictairport.ca file: / /C:ADocuments and Settings \di202 \Local Settings\ Temp \XPgrpwise \5004779FDomai... 7/19/2012 To: July 19, 2012 NIAGARA e 't1 3 y DISTRICT AIRPORT pe su 3 Council of the City of St. Catharines Council of the City of Niagara Falls Council of the Town of Niagara -on- the -Lake Dear Mayors and Councillors Airport Budget Amendments & Fixed Base Operator (FBO) Agreements As every year, by the end of November 2011 the Airport Commission has submitted its 2012 Operational Budget and Business Plan to the three funding Municipalities. In our 2012 outlook we highlighted that a Request for Proposal (RFP) for a Fixed Base Operator (FBO) had just been released. This comprehensive RFP process was concluded in April 2012 with the Commission's selection of the preferred candidate from a shortlist of four proponents. During May /June of 2012 the contract negotiations took place and the Commission has approved the finalized agreements with the future FBO at its monthly Meeting on June 2l'. From Wikipedia: ".4 fixed -base operator (FBO) is a commercial business granted the right by an airport to operate on the airport and provide aeronautical services such as fueling, hangaring, tie -down and parking, aircraft rental, aircraft maintenance, flight instruction, etc. In common practice, an FBO is a primary provider of support services to general aviation operators at a public -use airport either located on airport leasehold property or adjacent to airport leasehold property.... .. Airport Commission and Management are very excited with the prospect of having one of the most reputable and experienced FBO service providers at Niagara District Airport starting in August 2012. Our airport will be put on the FBO's operating map together with major airports in North and South America, such as Toronto Pearson, New York JFK, Montreal, Gander and more. The partnership with our FBO is defined in three agreements; the FBO Services Agreement, the Lease Agreement and a Fuel Equipment Purchase Agreement. • FBO Services Agreement: Defines the services and standards to be provided by the FBO. • Lease Agreement: The FBO will lease a) the FBO hangar, b) the lands around the hangar and c) the fuel -farm lands. The hangar lease will generate approximately $260,000 in revenues over the initial lease term of 5 years. The hangar lands will add $40,000 over the same period and starting in 2017, the land lease of the fuel -farm will generate additional $6,000 per year. The lease agreement includes a purchase option for the hangar. P.O. Box 640, Virgil, Ontario LOS I TO (905) 684 -7447 tax (905) 684 -2433 e -mail: infoniagaradistrictairport.ca website: wwtiv.niagaradistrictairport.ca • Fuel Equipment Purchase Agreement: The FBO will purchase the fuel -tanks and trucks (which we had to take over in early January 2009 from Imperial -Esso) at a book value of $89,000. This will not only improve our cash position but also free up around S60,000 of reserves allocated towards the renewal of this equipment. The royalties of Scents /litre from fuel sales will generate net revenues in excess of $25,000 per year. This will re- establish the fuel- services at NDA to how it was meant to function before 2009, when Air Mobile Inc. (the former FBO) failed to provide this core service and we had to step in in order to secure the fuel services. It was always clear that this was a temporary solution only and that the fuel- equipment should be owned and operated by a Fixed Base Operator (FBO). The contractual arrangement with our new FBO is consistent with the Commission's mandate as outlined in the Municipal Agreement, to "provide land and facilities to attract aviation related businesses to locate at the airport ". Two of the contract components were not predictable when the RFP process was launched in December 2011 and were not reflected in our 2012 business update and budget. Therefore and on behalf of the Airport Commission, I seek your formal consent to: 1. Sell the Fuel Equipment (above ground tanks and fuel trucks) to our FBO, and 2. Grant our new FBO the Option to Purchase the FBO Hangar FBO Hangar: Extraordinary circumstances resulted in us owning this hangar. Four parties were involved in legal proceedings over land - lease, tax and mortgage payment arrears by former hangar -owner Air Mobile Inc. in June 2011. Within less than two months we ended up owning the building for less than half of its real value even though this outcome was not planned by the Commission. We were able to secure the transaction without increasing the municipal funding requirements. Being in control of the hangar building however was crucial in successfully selecting our new FBO. It is not unusual that the FBO asked for an option to purchase the hangar while leasing the facility in the interim. Dear Members of Council, this great opportunity is a direct result of our infrastructure improvements and an important milestone in the 83 year history of the airport. Our new FBO's extensive aviation business network and strong financial position will help promoting the Niagara District Airport far beyond its regional borders. Closing this FBO deal will greatly improve the long -term viability of the Airport as a commercial entity (as per our mandate) and brings us one step closer to a self- sustainable operation of the Niagara District Airport. Sincerely, Niagara District Airport Commission Ruedi Suter, Chairman P.O. Box 640, Vircil, Ontario LOS ITO (905) 684 -7447 fax (905) 684 -2433 -mail: info (4,niagaradistrictairport.ca website: www.niagaradistrictairport.■a Corporate Services Department Legal Services Inter - Department Memorandum TO: Dean Iorfida City Clerk FROM: Ken Beaman City Solicitor Ext. 4242 RE: Deputation of Niagara District Airport Chairman Ruedi Suter Our File No. 92 -38 DATE: July 17, 2012 The terms of the Operating Agreement dated August 17, 2006, ( "the Agreement "), by which the four participating municipalities oversee the operation of the airport requires that expenditures and undertakings of the extent and type contemplated by the Airport Commission in these transactions are subject to approval by the participating municipalities. The following characteristics of the Agreement demonstrate the requirement for municipal approval. The Agreement requires that the budget of the Airport Commission be approved by the participating municipalities. The expenditures in question are not within the current approved budget and, therefore, require approval of the participating municipalities. Further, one of the transactions involves the disposition of property owned by the Airport Commission. As the property of the airport is made trust property by the Agreement, the approval of the participating municipalities is, once again, required. Finally, the Agreement makes the Airport Commission a Joint Municipal Services Board pursuant to section 202 of the Municipal Act, 2001. That section of the Municipal Act, 2001 makes the Airport Commission an agent of each of the participating municipalities, providing all the more reason for the need of municipal approval. KB. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development NIAGARA gateway 30 November 2011 Mayor Jim Diodati & Town Council Via Mr Dean lorfida City Clerk City of Niagara Falls PO Box 1023 Niagara Falls, ON L2E 6X5 DISTRICT AIRPORT reninsu'!a Subject: Niagara District Airport Annual Budget for 2012 Please find the Niagara District Airport's operating and capital budget for 2012 attached This budget is provided in accordance with the Municipal Agreement signed on August 17th, 2006 between the Corporations of St. Catharines, Niagara Falls, Thorold and Niagara -on- the -Lake The budget for 2012 as approved by the Niagara District Airport Commission at its regular meeting on November 17th is in the rightmost column of the spreadsheet attached. Also shown for information purposes is projected performance to the end of 2011. The attached documentation contains a brief review of the current operating year and the highlights of the proposed 2012 budget and business plan. This information has also been provided to the Airport Liaison Committee at a meeting held on October 26, 2011 The current Municipal Grants are based on the per - resident contribution of $1.18 and the Ontario Municipal Directory population figures for 2006. the same assessment that was requested for 2007. 2008. 2009, 2010 and 201 1 _ As outlined in the attached Budget Highlights. the Airport Commission asks for an increase of the above contribution from $1.18 to $1.25 per resident for the year 2012. Specifically, the requested levy from each funding community is. St_ Catharines $155,113.75 (from $146. 427.38 in 2011 ) Niagara Falls $ 94,587.50 (from $ 89.290.60 in 2011) Niagara -on- the -Lake $ 17,076.25 (from $ 16,119_98 in 2011) Sincerely Ruedi Suter Chair Niagara District Airport Commission Attachments: 2 NIAGARA DISTRICT AIRPORT gateway to the peninsula 2012 Operational Budget, Business Plan and Budget Notes Review of 2011 2011 was one of the most exciting years in our Airport's recent history. The construction phase of the infrastructure improvements ($12 Mil) was completed on time and the Grand Opening ceremony was held on August 27th 2011. Both visitor turnout and media coverage exceeded our expectations. After four years of excellent service, Airport Manager Kenn Moody has retired and handed the keys over to our new Manager Len O'Connor. With over 20 years of operational experience in the Airport Industry, most of it at Pearson International Airport, Len has assumed his position on September 1st Operationally, the year of 2011 had a post construction start with Business Jet traffic up by 20 %, considerably higher than pre- construction traffic while General Aviation traffic remained stable. Fuel sales have increased more than projected last year due to the increase in Jet traffic. Additionally, we continue to earn revenues from automotive events we were able to rent our main hangar for a substantial fee for a five day automotive event. The Southern Ontario Gliding Centre (SOGC) conducted part of its program at Niagara Central Airport this year and contributed 520 movements. As indicated last year, the Commission has committed up to $160,000 towards the ISF project funded by all three levels of Government. Several capital expenditures were directly related to the infrastructure project but not eligible for funding under the program, e.g. the demolition of the old Terminal building, furniture and audio /video components in the new Terminal, purchase of an existing hangar building etc. Furthermore there was $194,000 for maintenance equipment which was long overdue set in the budget for capital expenditures. We purchased a new tractor along with a plow attachment. More necessary attachments and maintenance components will be covered in the 2012 budget. The vast majority of our 2011 capital expenditures are considered extraordinary as they were directly and indirectly related to the infrastructure improvements. Our reserves of $522,000 at the beginning of the year will therefore shrink to just below $100,000 by the end of 2011. It is obvious that our reserves have to gradually be increased to pre -ISF levels over the coming years and that the current marginal level must not be allowed to further decrease. Finally, Chairman Ruedi Suter has made presentations to all three Councils during 2011 and most recently to the Regional Transportation Strategy Steering Committee. The TSSC has subsequently moved that the issue of ownership and operation of the Niagara District Airport be put on the agenda at a Regional Council Business Planning Session in 2012. Niagara District Airport: 2012 Budget Highlights — prepared 30 November 2011 The 2012 Business Plan: Year one of the new Niagara District Airport The key elements of the 2012 Strategic Planning were presented to the Mayors and CAOs at the most recent Airport Liaison Committee meeting on October 26, 2011: > A Request for Proposals (RFP) for a Fixed Based Operation (FBO) has been made available to the public that will in turn attract business whether it be scheduled /charter or another type of aviation service; The project to acquire instrument approaches (LPV, Localizer Performance with Vertical Guidance) has been implemented by NAV Canada and the design is due to start in January 2012. However, implementation could possibly take a year. NAV CANADA indicated their intention to develop these approaches at no cost to the Airport Commission. fr Exploration of hangar development opportunities in the SW Aviation sector; Exploration of strategies for expanding non - aviation automotive events with our agent for such events, particularly in winter when flying activity is low; Implementation of required, regulatory elements of the Airport's Safety Management System (SMS). The work required to remain in compliance is considerable and will occupy a significant amount of management and administrative time. Phase 4 of SMS implementation is supposed to be completed on March 2012. The 2012 Budget Highlights The 2012 budget is attached. The overall budget captures the revenues gained from fuel operations in a single line on page 3 identified as "Net Margin on Fueling Operations before Non -Cash Expenses ". With the current amount of Grants the overall result (Net Margin) would increase to $133,000 from $59,000 in 2011. As mentioned before, the airport still needs additional investments in the amount of $148,000 to complete the necessary upgrades. This would result in a further decline of the already marginal level of reserves. The Airport Commission is therefore asking the funding Municipalities for a moderate increase of their Grants to cover the "shortfall" for capital expenditures of $15,000, which translates to a new per- resident contribution of $1.25 per year, an increase of 7 cents from the current $1.18. Since 2008, the per- resident contribution has never increased, despite Thorold's departure from the airport's funding agreement in 2007. Thorold's annual Grant of $25,000 has resulted in a funding reduction of $100,000 over the past four years. Please feel free to contact Chairman Ruedi Suter, Airport Manager Len O'Connor or Treasurer Bob White for more information. Niagara District Airport: 2012 Budget Highlights — prepared 30 November 2011 Draft Niagara District Airport Commission Operating and Capital Budget 2012 Gamble 07/12/2011 1 Projected 2011 2012 2011 Total Budget Budget Operating Revenue (before fuelling) - - $5,600.00 - - - $3,000.00 -- _ $500.00 4010 • Interest on Reserves 4050 • Municipal Grants $251,000.00 - $251,000.00 _ $266,000.00 4060 • Land Rentals $115,000.00 $118,500.00 $121,000.00 4070 • Landing Fees $9,000.00 - $7,500.00 - $9,000.00 4075 - Event Rentals $32,000.00 $0.00 - $20,000.00 4085 - Hangar Rentals $0.00 $0.00 - $70,000.00 4090 • Water Revenues $10,000.00- $4,500.00_ $13,000.00 4110 • General Services $1,600.00 $1600.00- $1,700.00 4120 • Office Rentals $23,000.00 _ $23,000.00 - $32,000.00 4130 • Snow Plowing $500.00 $1,000.00 $1,100.00 4140 • Parking $3,700.00 - $3,500.00 - $7,700.00 4200 • US Exchange /Interest $0.00 - $0.00 _ $0.00 Total Operating Revenue $451,400.00 $410,600.00 - $542,000.00 Operating Expenditures -- -_- 5000 • Payroll Expenses - - - -_- $123,222.00 $123,000.00 __ 5010 • Wages, Full Time $120,500.00 5020 • Wages, Part Time $33,000.00 - $30,300.00 - $50,000.00 5030 • Overtime Paid $5,000.00 _ $4,040.00 - $7,000.00 5040 • Vacation Pay $10,500.00 - $10,100.00 - $14,000.00 5310 • UI Expense - Employers Portion $4,150.00 - $3,330.00 - $4,200.00 5320 • CPP Expense - Employers Portion $7,000.00 - $5,650.00 - $8,400.00 5330 • WCB Expense $3,000.00 - $2,950.00 _ $4,000.00 5350 • OMERS Retirement Fund - Employer $11,250.00 - $9,750.00 - $15,500.00 5370 • Medical Benefits $12,000.00 - $12,120.00 - $20,000.00 Total 5000 • Payroll Expenses $206,400.00 - $201,462.00 - $246,100.00 Gamble 07/12/2011 1 Draft Niagara District Airport Commission Operating and Capital Budget 2012 Gamble 07/12/2011 2 Projected 2011 2012 2011 Total Budget Budget 5050 • Training $1,500.00 - $7,500.00 - $7,500.00 5050 - Clothing & Boot Allowance $400.00 $600.00 - $800.00 5200 • Consulting Services $15,000.00 - $15,000.00 - $15,000.00 5500 • Hydro and Heating $21,000.00 - $25,250.00 - $6,000.00 5510 • Water and Sewage $10,000.00 $3,737.00 - $15,000.00 5520 • Telephone Expense $10,000.00 - $5,500.00 - $6,000.00 5530 • PR and Advertising $15,000.00 - $15,000.00 - $15,000.00 5540 • Office and General Expense $10,000.00 - $7,500.00 - $10,000.00 5550 • Audit Fees $7,800.00 - $7,575.00 - $7,800.00 5560 • Legal Fees $8,500.00 - $6,000.00 - $6,000.00 5570 • Municipal Tax Expense $7,300.00 - $7,300.00 - $7,300.00 5580 • Conference, Convention & Meeting $7,400.00 - $7,575.00 - $7,600.00 5610 • Airport Insurance $12,800.00 $15,000.00 $20,000.00 5620 •Miscellaneous Miscellaneous Expense $ $6,300.00 - $ $5,050.00 - $2,500.00 5625 • Bank Charges & Interest $700.00 - $250.00 - $900.00 5630 • Terminal Bldg. Expense $5,400.00 - $6,250.00 - $6,300.00 5635 - Hangar $5,700.00 - $0.00 - $9.000.00 5640 • Garage Expense $1,500.00 - $4,040.00 - $5,000.00 5650 • Airfield Lighting Expense $300.00 - $4,000.00 - $2,000.00 5660 • Runway Maintenance Expense $2,900.00 - $5,000.00 - $1,000.00 5670 - Building Demolition $18,000.00 - $0.00 - $0.00 5680 • Property & Roads Expense $20,000.00 - $12,000.00 - $5,000.00 5690 • Equipment Rental Expense $4,300.00 - $3,000.00 - $3,000.00 $12,000.00 5700 • Vehicle Gas & Oil Expense $11,000.00- $12,120.00 5720 • John Deere Gator $100.00 - $505.00 - $500.00 $0.00 5730 • Ford Plow Expense $0.00 $505.00 5740 • John Deere Tractor Expense $2,700.00 - $1,515.00 - $2,000.00 5760 - John Deere 7930 $200.00 - $0.00 _ $200.00 $1,000.00 5770 • Sicard Sweeper Expense - -- $505.00 5790 • Sicard Blower Expense $1,500.00 - $2,020.00 - $0.00 Gamble 07/12/2011 2 Draft Niagara District Airport Commission Operating and Capital Budget 2012 Gamble 07/12/2011 3 Projected 2011 2012 2011 Total Budget Budget 5830 • Misc. Equipment Expense $1,000.00 - $1,515.00 $1,500.00 5840 • White Plow Expense $200.00 $1,515.00 $1,500.00 5850 • GMC Pickup Expense $650.00 $1,515.00 $1,500.00 5870 - Dodge Caravan $350.00 _ $500.00 - $500.00 5890 - Bad Debt Expense - -- $1,000.00 - $1,000.00 5900 - General Contingency - -- $1,110.00 - $1,100.00 Total Operating Expenditures $415,900.00 _ $392,936.00 - $432,000.00 Net Margin on Operations before non cash expenses $35,500.00 - $17,664.00 - $110,000.00 Net margin on fueling operations before non cash expenses $23,650.00 - $25,745.00 - $38,000.00 Total Net Margin $59,150.00 - $43,409.00 _ $148,000.00 Projected Reserves at January 1 $522,000.00 - $550,861.00 - $96,000.00 Sub -Total - $581.150.00 - $594,270.00 - $244,000.00 Less Capital Expenditures -$325,000.00 _ -$244,000.00 - - $148,000.00 Less Infrastructure Improvement Expenditures - $160,000.00 - - $135,000.00 - $0.00 Sub -Total - - $485,000.00 - - $379,000.00 - - $148,000.00 Projected Capital Reserves at December 31 $96,150.00 - $215,270.00 - $96,000.00 Less Fuel Equipment Reserves $34,500.00 - $34,500.00 - $51,000.00 General Capital Reserves $61,650.00 $180,770.00 - $45,000.00 Gamble 07/12/2011 3 Draft Net Margin on Operations before non cash expenses Less non cash expenses Net Margin on Operations Net Margin on Fuelling Operations before non cash expenses Less non cash expenses Net Margin on Fuelling Operations Total Net Margin Gamble 07/12/2011 Niagara District Airport Commission Operating and Capital Budget 2012 Projected 2011 2012 2011 Total Budget Budget $35,500.00 $17,664.00 $110,000.00 $0.00 $0.00 $13,500.00 $35,500.00 $17,664.00 $96,500.00 $23,650.00 $25,745.00 $38,000.00 $22,650.00 $22,623.00 $22,700.00 $1,000.00 $3,122.00 $15,300.00 $36,500.00 $20,786.00 $111,800.00 4 Draft Niagara District Airport Commission Operating and Capital Budget 2012 Gamble 07/12/2011 5 Projected 2011 2012 2011 Total Budget Budget Furniture for Terminal Building $30,000.00 $30,000.00 -- -- -- -- Maintenance Equipment $193,000.00 _ $194,000.00 Signage /Paving $32,000.00 - $20,000.00 Tug $2,000.00 $0.00 Hangar Purchase $50,000.00 - $0.00 Audio Visual Equipment for Terminal Bldg. $18,000.00 - $0.00 -- $325,000.00 _ $244,000.00 -- John Deere 4 x 4 Lawn Mower - - - -- $13,500.00 Sweeper Attachment _ - - -- $14,000.00 Sidewalk Snow Blower -_ - -- $2,000.00 FOD Boss Sweeper - -_ -_ $8,300.00 Snow Blower - - - -- $37,000.00 Paving - - - -- $18,200.00 Hangar Payment - - - -- $50,000.00 Office Preparation - -___ $5,000.00 -_ - -� -- $148,000.00 Gamble 07/12/2011 5 S21311HIN ONINNV1d PD- 2012 -42 Niagarajalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -42 26T -11- 2012 -01 & AM- 2012 -003 Deerfield Estates Phase 10 Draft Plan of Subdivision and Zoning By -law Amendment Application Block 209, Plan 59M -384 Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) RECOMMENDATION 1. That the Deerfield Estates Phase 10 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix "A ". 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 Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the proposed subdivision, and the development of Block 209, Plan 59M -384. 5. 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. 6. That Council pass the related Zoning By -laws appearing on tonight's agenda. EXECUTIVE SUMMARY The applicant has requested approval of a draft plan of subdivision and a zoning amendment to permit the development of a subdivision with 45 lots for single detached dwellings, as well as zoning approval for the future development of a multiple residential block outside the proposed plan of subdivision. This request can be supported because: • the proposal complies with Provincial and Regional policies with respect to providing compact development in the designated Greenfield Area; July 24, 2012 - 2 - PD- 2012 -42 • the proposal complies with the Official Plan with respect to the location of higher density residential developments; and, • the plan of subdivision provides a logical extension of development and a housing mix to address current trends. The conditions of approval are listed in Appendix "A ". BACKGROUND Proposal The submitted applications involve two parcels of land, as shown on Schedule 1. Parcel 1 is 2.4 hectares and comprised of Blocks 210 and 211 in the Deerfield Estates Phase 9 Plan of Subdivision (59M -384) and land to the north of these blocks. Parcel 2 is 0.6 hectares and known as Block 209 in the Deerfield Estates Phase 9 Plan of Subdivision. The applicant proposes to subdivide Parcel 1 into 45 lots for single- detached dwellings. Schedule 2 illustrates the design of the draft subdivision. A zoning by -law amendment application is being processed concurrently with the subdivision application. Parcel 1 is currently zoned Development Holding (DH), in part, Residential Apartment 5B Density (R5B -920), in part, and Residential Apartment 5C Density (R5C -921), in part, by Zoning By -law No. 79 -200, permitting the development of apartment buildings and /or a retirement home between 3 and 6 storeys in height. The zoning of Parcel 1 is requested to be changed to a Residential Single Family 1F (R1 F) zone with site specific lot area, rear yard and exterior side yard setback requirements. The applicant is also requesting a zoning amendment for Parcel 2 that would permit the development of either an apartment building or a retirement home with a building height up to 19 metres and between 45 and 58 units. Schedule 3 illustrates a conceptual site plan Parcel 2 is currently zoned Residential Low Density, Group Multiple Dwelling (R4 -919), permitting the development of townhouse dwellings. The applicant is requesting the zoning of Parcel 2 to be changed to Residential Apartment 5C Density (R5C) with site specific minimum density, front, rear and side yard setback and landscaped open space requirements. Surrounding Land Uses The Deerfield Estates Phases 8 and 9 Plans of Subdivision, which are now registered and are being developed with dwellings, exist to the south and west, respectively. Single detached dwellings exist on the east side of Kalar Road. Commercial lands abut to the north and north west, fronting onto Lundy's Lane and Kalar Road. The Americana Hotel exists to the north west. A Freshco supermarket is under construction on the abutting lands to the north. Neighbourhood Open House A neighbourhood open house was held on June 11, 2012. No neighbours attended to hear about the proposal or to ask questions. July 24, 2012 - 3 - PD- 2012 -42 ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan The subject lands are located in an area considered a greenfield. Provincial policies require minimum density targets to be achieved in these areas. The Region who oversees the implementation of Provincial policies has determined that a density of 53 persons /jobs per hectare is to be achieved in the City's greenfield area. The subdivision together with the zone change requested for Parcel 2 is close to the target and represents an efficient use of residential land and urban services. The Region is satisfied the plan is consistent with Regional and Provincial policies and has no objections to its approval. 2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan designates the land Residential. Residential lands are intended to be developed with a variety of compatible housing forms to provide a full range of housing opportunities to meet the needs of all residents. Higher density developments such as apartments are directed to lands that have access to the arterial road system to minimize traffic impacts on local streets and take advantage of transit routes. Lands in proximity to commercial districts can be developed with apartments between 4 and 6 storeys in height up to a density of 100 units per hectare. The proposed subdivision provides Tots with 10 metre frontages for detached dwellings. These lot sizes are a compact form of development and provide for the efficient use of infrastructure. The proposed lots for detached dwellings are compatible with the forms of housing that exist or are planned in the area. Although the development of these lands for single detached dwellings instead of 2 apartment buildings as permitted by current zoning represents a loss of residential density, this will be offset by the apartment building or retirement home proposed on Parcel 2. Further opportunities to develop multiple unit dwellings will exist along Lundy's Lane west of Kalar Road with the approval of Council adopted Official Plan Amendment No. 94 (OPA No. 94). The development of Parcel 2 with an apartment building or retirement home is supported by the policies of the Official Plan and OPA No. 94. The combination of the separation provided by Kalar Road along with on -site yard setbacks and coverage restrictions provides a setback from dwellings on the east side of Kalar Road from the proposed apartment dwelling or retirement home on Parcel 2. These measures should assist in mitigating the impact on residences along the east side of Kalar Road. A housing mix target of 70% single /semi- detached units and 30% multiple residential units is specified for the Garner Neighbourhood. The proposed subdivision with the Deerfield Estates Phase 9 Plan of Subdivision provides a housing mix of 80% single /semi- detached dwellings and 20% multiple residential units. Although this is below the target, 5 blocks for multiple unit dwellings still exist in the Deerfield and Edgewood Estates subdivisions and will provide opportunities for multiple residential development. July 24, 2012 3. Subdivision Design - 4 - PD- 2012 -42 The subdivision provides a cul -de -sac (Street A) running north off Angie Drive as well as another local road (Street B) off Kalar Road. This design satisfies both Transportation Section's requirement to provide efficient traffic flow on Kalar Road by minimizing the number of new intersecting streets, as well as Fire Services' requirement to keep cul -de -sacs less than 150 metres in length. Sidewalks along the north side of Angie Drive and the west side of Kalar Road are to be provided in accordance with City standards. Parkland requirements for most of the applicant's holdings were satisfied through the initial Deerfield subdivision in 2006. Since no parkland dedication has been made for 0.75 hectares of the lands not included in the Deerfield Estates Phase 9 Plan of Subdivision, a cash -in -lieu payment is required for this portion. Wood screen fencing should be required to be erected along Kalar Road and the boundary of commercial properties to ensure future residents are properly buffered from the traffic and commercial operations. The conditions of approval address this requirement. 4. Zoning By -law Amendment The Residential Single Family 1F Density (R1 F) zone provides standards for lots with frontages of 10 metres and lot areas of 320 square metres. A modified R1F zone has been requested for the plan of subdivision as noted below: A minimum lot area of 290 square metres. This minor reduction does not impact on surrounding development and will assist in promoting compact development. Remove references to the provisions that protect future road widenings. These provisions are unnecessary as the required widenings to accommodate the future reconstruction of Kalar Road have been dedicated. The requested site specific Residential Apartment 5C Density (R5C) zone requested for Parcel 2 (Block 209, Plan 59M -384) would permit the development of an apartment dwelling or a retirement home up to 19 metres (6 storeys) in height with between 45 and 58 units. This amendment replaces zoning on a block that is being lost with the development of the subdivision with lots exclusively for detached dwellings. The following site specific regulations are requested: - A rear yard depth of 7.5 metres from Kalar Road rather than 10 metres. The requested setback is consistent with setbacks required for existing and approved multiple unit developments to the south. - A minimum landscape open space requirement of 30% of the lot area rather than 40 %. Sufficient amenity space and buffering will be provided as long as the recommended landscape strips are provided. A 3 metre wide landscape strip between a parking area and a street is proposed rather than a 1 metre tall wall or berm. The requested landscape strip will allow for the planting of trees and shrubs which will provide adequate buffering from adjacent streets and a landscape amenity more in keeping with character with the surrounding area. July 24, 2012 - 5 - PD- 2012 -42 The recommended standards have been incorporated into the draft by -law on tonight's agenda for Council consideration. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan in terms of its residential policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Subdivision Plan (Parcel 1) ► Schedule 3 - Conceptual Site Plan (Parcel 2) ► Appendix A - Conditions for Draft Plan Approval Recommended by: Respectfully submitted: A. Bryce: m b: bm Attach. rr Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -42, 26T -11- 2012 -01 & AM- 2012- 003,Deerfield Estates Phase 10 Draft Plan of Subdivision.wpd July 24, 2012 - 6 - SCHEDULE 1 PD- 2012 -42 Plan of Subdivision and Zoning By -law Amendment Applicatio Files: 26T -11- 2012 -01 and AM- 2012 -001 Deerfield Phase 10 Plan of Subdivision and Block 209, Plan 59M -384 River Realty Development (1976) Inc. Location Ma July 24, 2012 - 7 - SCHEDULE 2 PD-2012-42 DEERFIELD ESTATES - PHASE 10 CITY OF MAGMA FALLS 411,1•2111111_ 14 17 1 15 19 13 r 20 21 7.2 10 23 9 24 5 2, 29 29 30 25 STREET .R" 5 4 1 • 31 32 33 14 Y ;81 37 38 2 , 1 / ' I 39 40 41 42 .. , -BLOCK 48 July 24, 2012 - 8 - SCHEDULE 3 PD-2012-42 ANGIE DRIVE 7 50m. 0) 0 c\I 0 —J CO 7 KALAR ROAD NCVMaCIS DNOD u40c:,-; E 7, 7 5m ■•••-• ›- 0 2 6.00m , E 35 51m I Ej 2.13m .1— 6 arn 9.95m VMJCS ONOD wpc" KELSEY CRESCENT July 24, 2012 Conditions for Draft Plan Approval - 9 - PD- 2012 -42 APPENDIX A 1. Approval applies to the Deerfield Estates Phase 10 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated May 9, 2012, showing 45 lots for single- detached dwellings. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersections of Kalar Road and Angie Drive and Kalar Road and Street B and with 5 metre legs at all other intersections; (c) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010 as amended; (e) weeping tile flow to be directed to the storm sewer by use of sump pumps; (f) provision of an overland stormwater flow route to the Kalar Road right -of- way; and (g) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010 as amended. 5. The developer dedicate Blocks 46 and 47 to the City as 0.3 metre reserves. 6. The developer construct a sidewalk to City standards on the north side of Angie Drive and provide funds to the City to construct a sidewalk on the west side of Kalar Road abutting the draft plan of subdivision. 7 The developer provide speed control devices along Angie Drive (as approved in Deerfield Estates Phase 9 Plan of Subdivision) to the satisfaction of the City. 8. The developer submit servicing plans to Municipal Works and Fire Services for review and approval. 9. 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. 10. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. July 24, 2012 - 10 - PD- 2012 -42 11. The developer grant the City and public utility companies any easements required to service the subdivision. 12. The developer provide tender documents and digital data in accordance with the Niagara Peninsula Standard Contract Document format and the Regional Niagara CAD standards to be submitted to the City for compliance to current PSAB requirements. 13. The developer contribute funds to provide boulevard trees in accordance with City policy. 14. That the developer pay 5% cash in lieu of parkland dedication for the parcel of land described as Part of Lot 139 Stamford, Part 2, Plan 59R14616. 15. The developer submit, for the review and approval by the City's Landscape Architect, a fencing plan for lots abutting Kalar Road and commercially zoned properties to the north and west, plus a landscape plan prepared by a landscape architect if landscaped entry features are proposed along Kalar Road (Note: to be installed on private lands only). 16. The developer receive final approval of the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 17. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots comply with the Zoning By -law. 18. 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. 19. 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). 20. 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. July 24, 2012 -11 - PD- 2012 -42 21. 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. 22. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 23. 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. 24. 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. 25. Within 60 days of draft plan approval, the developer 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. 26. Within 60 days of draft plan approval, the developer 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 developer and the City of Niagara Falls. 27. Prior to final approval for registration of this plan of subdivision, the developer submit the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Environmental Compliance Approval under the Transfer of Review Program to the satisfaction of the Niagara Region Public Works Department (Development Services Division). 28. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the developer shall ensure that all streets and development blocks can provide through access. 29. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Division, for review and approval, two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) Detailed erosion and sedimentation control plans. July 24, 2012 - 12 - PD- 2012 -42 Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management plan and other related plans on the Region's behalf and submit comments to the Regional Development Services Division regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. A technical review fee is applicable. 30. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management, erosion and sedimentation control measures required in accordance with Condition 29 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 19 Canada Post for Conditions 20 and 21 Enbridge Gas Distribution Inc. for Conditions 22, 23 and 24 Regional Municipality of Niagara for Conditions 25 to 30 inclusive PD- 2012 -41 NiagaraJalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -41 AM- 2012 -006, Official Plan and Zoning By -law Amendment Application 9941 Lundy's Lane Applicant: Futecan Canada Inc. Agent: Quartek Group Inc. Proposed Estate Winery & Ancillary Uses RECOMMENDATION 1. That Council approve the Official Plan amendment application to permit the establishment of an estate winery and ancillary uses on the property. 2. That the application to amend the Zoning By -law be approved as detailed in this report to permit the establishment of an estate winery and ancillary uses on the property, subject to the inclusion of a holding (H) provision to ensure the completion of an archaeological assessment completed to the Region of Niagara's satisfaction. 3. That Council approve the By -laws on tonight's agenda. EXECUTIVE SUMMARY The applicant has requested an Official Plan and Zoning By -law amendment to permit the establishment of a estate winery and ancillary uses on the property. The property is 25.4 hectares (60 acres) in area, of which 6 hectares (15 acres) is planted with grape vines. Planning staff support the application, but recommend that a holding provision be placed on the property that will be removed once an archaeological assessment has been completed to the Region of Niagara's satisfaction. Planning staff have met with the owner and applicant who advise that they should be in a position to meet this requirement by this Fall and agree to this approach. The amendments can be supported because: • the Provincial Policy Statement permits agriculturally related and secondary uses in prime agricultural areas; • the proposed estate winery and ancillary uses are in appropriate scale to the farm; • the proposed estate winery will not interfere with any of the abutting agricultural operations; and • the use of a holding (H) provision will ensure that any archaeological resources are protected. July 24, 2012 - 2 - PD- 2012 -41 BACKGROUND Proposal An Official Plan and Zoning By -law amendment is requested to establish an estate winery with ancillary uses on the subject property. The proposed estate winery would include a 464 square metre (5000 square foot) production facility, a 464 square metre (5000 square foot) local produce shop, a 279 square metre (3000 square foot) storage barn, and a 1517 square metre (16,328 square foot) main building. There is an existing two storey, single detached dwelling on the property that would be used for wine tasting and retail areas, hospitality areas, cellar /storage and continued residential use (second floor only). In 2004, the property was subject to an Official Plan and Zoning By -law amendment application to permit a winery (AM- 32/2004). The application was approved by Council, subject to the inclusion of a holding (H) provision to ensure that a minimum of 6 hectares (15 acres) of grapes had been planted and were in full production. The amendments to the Official Plan and Zoning By -law were not presented to Council for adoption and passing because the applicant did not pay required fees. The file was eventually abandoned. Site Conditions and Surrounding Land Uses The subject property is located on the north side of Lundy's Lane between Thorold Townline Road and Beechwood Road and is bisected by the Beaver Dams Creek, which includes a locally significant wetland. The total area of the subject property is 25.4 hectares (60 acres), most of which is cultivated. When the application was filed 6 hectares (15 acres) of grape vines were planted on the site. The agent of the applicant has purported that an additional 2.3 hectares (5.75 acres) were planted in the last three weeks. The applicant has retained Howard Staff to oversee the management of the farm. The abutting to the north and west are agricultural uses. To the south is agricultural land, including a nursery, and a wooded area. To the east are residential uses (single detached dwellings). The vineyards on the site are producing grapes, but not to their full potential. A viticulturist report submitted with the application advised that the vineyards need considerable work to increase production, including the removal and replanting of some portions, installation of tile drainage and wind machines. An addendum to this report was submitted on July 17, 2012 and noted that considerable improvement has been made on the site and that grape production will likely be higher than originally expected. The addendum concludes that the current size of the vineyard is capable of supporting a winery. Circulation Comments Information regarding the proposed Official Plan and Zoning By -law amendment was circulated to City divisions, the Region of Niagara, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara Concerned about the level of production on the site. Establishment of estate wineries in other areas of the Region of Niagara generally require the July 24, 2012 - 3 - PD- 2012 -41 vineyards to be in full production. A holding (H) provision should be placed on the zoning and would be lifted upon confirmation from a certified viticulturist or qualified agrologist that a suitable vineyard has been established to support the winery. To ensure that the principal use of the property remains agriculture, the amendments should include requirements for a minimum farm size /lot area and a requirement for the vineyard to be in full production (e.g. the Town of Niagara -on- the -Lake requires 75% of the land to be planted and kept in production). The Region, in co- operation with local municipalities, has reviewed its agriculture value added policies to determine appropriate official plan and policies and zoning by -law provisions for inclusion in the planning documents of local municipalities. This work suggests the minimum lot area for production facilities Tess than 500 square metres (5382 square feet) in size should be between 8 and 12 hectares (20 and 29.6 acres). Concerned about the large size of the local produce shop proposed on the subject property. Consideration should be given to regulating the amount of off -site product sold on the premises. Recommends that regulations be included governing the size of retail, hospitality and other ancillary uses on the site. The subject property is located within 300 metres of a water body and in proximity to a registered archaeological site and, therefore, displays potential for the discovery of archaeological resources. An archaeological assessment (Stage 1 minimum) is required. A holding (H) provision should be placed on the zoning and would be lifted upon satisfactory completion of an archaeological assessment. Several technical issues pertaining to the entrance and private servicing would need to be addressed at the Site Plan Control stage. • Niagara Peninsula Conservation Authority No objections. Advises that the subject property is traversed by the Beaver Dams Creek and contains a locally significant wetland. Development is to remain outside of the Beaver Dams Creek regulatory floodplain and maintain a 30 metre (100 foot) setback from the wetland. Further review will be undertaken at the time of Site Plan Control. • Transportation Services No objections to the application. A 3.05 metre (10 foot) road widening is required along Beechwood Road. This and other issues can be addressed through Site Plan Control. - Supports the revised parking requirement of 44 parking spaces. July 24, 2012 - 4 - PD- 2012 -41 • Municipal Works, Parks and Recreation, Legal Services, Fire Services, Building Services, Niagara Falls Transit - No objections. Neighbourhood Open House A neighbourhood open house was held on June 21, 2012. Two people attended seeking additional detail about the application. No one object to the proposal. ANALYSIS 1. Provincial Policy Statement/Provincial Growth Plan The subject property is considered prime agricultural land within a prime agricultural area. Provincial policy requires the protection of prime agricultural areas for long term agricultural use. To achieve this, proposed secondary uses and agriculturally related uses shall be compatible with and not hinder the surrounding agricultural operations. Wineries are considered an agriculturally related use and must be small in scale and directly related to the farm operation. They are also secondary uses to the principal farm use. Planning staff considers the winery to be compatible with the surrounding agricultural uses since wineries are common features in the agricultural areas of other Niagara municipalities. To ensure that the proposed winery is secondary to the farm on the site, Planning staff propose the winery be subject to a minimum area requirement of planted vineyards. This would ensure that there is an established agricultural operation on the site before the winery can be permitted. With the inclusion of a minimum area of planted vineyards, Planning staff considers the application to be consistent with the Provincial Policy Statement and Provincial Growth Plan. Official Plan The land is designated Good General Agriculture in the Official Plan. A portion of the property is also designated Environmental Protection, which coincides with the Beaver Dams Creek floodplain. The proposed winery and accessory buildings are entirely within the Good General Agriculture designation. The subject property is subject to Special Policy Area 43, which permits a tourist home (bed & breakfast) having up to four rentable bedrooms. The applicant has advised that they wish to retain the tourist home use on the property. In general, wineries can be an appropriate use in the Good General Agriculture designation where they are directly related to the existing farm operation, secondary to the principal farm use, and small in scale. Planning staff support the concept of an estate winery on the subject property, however, there is a concern that the vineyards have not achieved sufficient production for a winery. A review of winery policies from the Town of Lincoln, the Town of Niagara on the Lake and Prince Edward County (Eastern Ontario), suggests that the typical minimum area for an estate winery is 8 hectares (20 acres) and the majority of that area is to be planted July 24, 2012 - 5 - PD- 2012 -41 and fully productive. The subject site has 6 hectares (15 acres) planted, which is not at full production as indicated in the applicant's viticulturist report. Planning staff have included a policy in the proposed Official Plan amendment requiring a minimum area of 8 hectares (20 acres) be planted and 75% of that area be in full production. This is consistent with the approaches taken in other Niagara municipalities and would ensure that the winery is productive and secondary to the principal farm use. The applicant's draft Official Plan policy proposes a local farm produce shop as a permitted use. Planning staff are not opposed to such a use, however, have reduced the size of local produce shop to 186 square metres (2000 square feet) to ensure it remains small scale and ancillary to the farm. To ensure the winery and ancillary uses (retail areas, tasting areas, farm produce shop, etc.), but excluding storage, remain secondary to the farm operation, Planning staff have included limits on the floor area for the winery and ancillary uses. The recommended limit is 1200 square metres (12,917 square feet), which is large enough to accommodate the applicant's proposal. Any future expansions beyond this would require an Official Plan amendment. The subject property is on private services (septic and well). The Regional Health Department is reviewing the application to ensure the septic system will be appropriate for the proposed use. This matter will be fully addressed at the time of Site Plan Control. Based on the above, Planning staff consider the application to conform to the intent of the Official Plan. 2. Zoning By -law The subject property is zoned Agricultural with site specific regulations for a four bedroom tourist home (A -639). The applicant is requesting an estate winery and ancillary uses to be added as permitted uses on the property. Presently, Zoning By -law 79 -200 does not include a definition of an estate winery. Planning staff propose a definition of estate winery be added to establish the specific ancillary uses included with an estate winery. This definition is similar to those in the Town of Lincoln and the Town of Niagara on the Lake. A definition of a hospitality room is also recommended for clarity: "Estate Winery" means an agriculturally related use on an established vineyard and /or fruit farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and wine related products where the fruit used in the production shall be grown within the Region of Niagara. An estate winery may also include the following ancillary uses: a wine retail area, hospitality rooms and outdoor patios and an office. "Hospitality Room" means part of a building where wine and food may be served, but does not include the use of commercial cooking equipment on -site for the preparation of food. July 24, 2012 - 6 - PD- 2012 -41 To ensure the estate winery is secondary to an established agricultural use, the by- law includes a regulation requiring a minimum area of 8 hectares (20 acres) of grapes to be planted and 75% of that area to be in full production. The addendum to the viticulturist report confirms that the vineyard on the property meets these requirements. The applicant has retained a licensed archaeologist to complete the necessary archaeological assessment. Planning staff recommend that a holding (H) provision be placed on the site, which would be removed upon the satisfactory completion of an archaeological assessment. The size of the proposed local produce shop is considered too large for the site. Planning staff have discussed this concern with the applicant and the applicant has agreed to reduce the size to the local produce shop to 186 metres (2000 square feet), which is more appropriate for the agricultural area. A definition of a local produce shop is included in the by -law to provide clarity about what products can be sold. The definition is as follows: "Local produce shop" means a retail store ancillary to an agricultural use and /or farm, which sells food products and other agriculturally related products grown or processed within the Region of Niagara. To implement the Official Plan amendment policies, several provisions have been included in by -law to regulate the scale of the estate winery and ancillary uses. These are summarized as follows: Use Proposed Area m2 (ft.2) Recommended Provision m2 (ft.2) Wine Production Area 520 (5997) 520 (5997) Retail Area 214 (2300) 214 (2300) Hospitality Area (including outdoor patios) 257 (2766) 300 (3229) Local Produce Shop 464 (5000) 186 (2000) The above regulations accommodate the applicant's proposal and provide an opportunity to review any future expansions to ensure compatibility is maintained with the agricultural area and that all uses remain secondary to the vineyard. Since product storage is a normal part of a farm operation, no limit is imposed on storage. The site plan shows 17 proposed car parking spaces and 5 bus parking spaces. Based on the requirements in By -law No.79 -200, the site would require up to 81 parking spaces (since the parking requirement for the hospitality rooms is based on the occupancy of the room, the exact parking requirement would not be known until July 24, 2012 -7- PD- 2012 -41 the applicant applies for a Building Permit). Planning staff consider 81 parking spaces to be excessive for this proposal and have provided an alternative which requires 44 parking spaces. The alternative parking requirement is broken down as follows: Use Floor Area m2 (ft.2) Parking Requirement Parking Wine Production 520 (5997) 1 space /90 m2 5 Local Produce Shop 186 (2000) 1 space /18.5 m2 10 Retail Areas 214 (2300) 1 space /18.5 m2 11 Hospitality Areas 155 (1667) 1 space /18.5 m2 8 Patios 102 (1104) N/A N/A Wine Cellar (basement) 435 (4682) 1 space /90 m2 5 Tourist Home 4 rooms 1 space /room 4 Residential Use 1 Dwelling unit 1 space /dwelling unit 1 The bolded parking requirements are taken from the parking requirements for estate wineries from Niagara -on- the -Lake, which provide a more appropriate level of parking for the proposed use. The remaining parking standards are from By -law No. 79 -200. This will have to be reflected on the Site Plan Control application. In addition to the parking requirements, the site requires 1 loading space. The subject property has frontage on three different roads (Thorold Townline Road, Beechwood Road, and Lundy's Lane). For clarification purposes, Planning staff have included a provision in the amending by -law to deem the frontage to be along Lundy's Lane, since this is the principal access. Overall, Planning staff support the proposed estate winery, subject to the holding (H) provision noted above. The above zone regulations are in keeping with the intent of the Official Plan and are consistent with Provincial Policy. CITY'S STRATEGIC COMMITMENT The proposal conforms to the City's Official Plan in terms of ancillary uses in agricultural areas. Furthermore, the proposed winery is a new tourist feature for Niagara Falls and supports the City's economic vitality. July 24, 2012 LIST OF ATTACHMENTS ► Schedule 1 ► Schedule 2 ► Schedule 3 ► Appendix A Recommended by: - 8 - Location Map Site Plan Site Plan Draft Official Plan Policy Respectfully submitted: PD- 2012 -41 t";(--; Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer DDeluce:mb Attach. S: \PDR\2012 \PD- 2012 -41, AM- 2012 -006, 9941 Lundy's Lane, Futecan Canada Inc.wpd July 24, 2012 - 9 - SCHEDULE 1 PD- 2012 -41 July 24, 2012 - 10 - SCHEDULE 2 PD- 2012 -41 July 24, 2012 -11 - PD-2012-41 SCHEDULE 3 —t- 13 I I ,O.0 July 24, 2012 14.43 Special Policy Area 43 -12 - PD- 2012 -41 APPENDIX A Special Policy Area 43 applies to approximately 24 hectares of land located on the northwest corner of Lundy's Lane and Beechwood Road, through to Thorold Townline Road. In addition to the policies of Part 2, Section 7 - Good General Agriculture, a tourist home having not more than four rentable rooms for tourists shall be permitted on the lands. An estate winery may be permitted as a secondary use to the vineyard operation subject to the following policies: 14.43.1 14.43.2 14.43.3 To ensure an estate winery is secondary to the principal farm use, the minimum area of vineyards to be planted shall be 8 hectares, of which 75% shall be actively producing grapes. A local farm produce building shall be permitted as an agriculturally related use to the farm operation and may sell produce and other local agriculturally related products. The maximum floor area for an estate winery, local farm produce building, and ancillary uses, excluding storage, shall be 1300 square metres in order to ensure the estate winery is small scale. 14.43.4 All ancillary uses to a winery shall not detract from the principal agricultural use nor adversely affect surrounding land uses. 14.43.5 The estate winery shall be subject to site plan control to ensure that the winery operations do not negatively impact the agricultural use of the land and manage servicing, parking, drainage and landscaping. 14.43.6 In addition to the policies contained in Part 4, Sections 4.2.1.1 through to 4.2.1.6 of the Official Plan, Council may apply holding provisions to the land to ensure the completion of an archaeological assessment. Part 5 - APPENDIX 1 DEFINITIONS "Estate Winery" means an agriculturally related use on an established vineyard and /or fruit farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and wine related products where the fruit is used in the production shall be grown within the Region of Niagara. An estate winery may also include the following ancillary uses: a wine retail area, hospitality rooms, and an office. PD- 2012 -46 Niagara Palls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -46 AM- 2012 -005, Official Plan and Zoning By -law Amendment Application 5555, 5599 and 5651 River Road, 4369 Hiram Street and 5600 Blondin Avenue Applicant: 2298642 Ontario Inc. and 2302846 Ontario Inc. (Ralph Terrio and Hunter Milborne) Agent: MMM Group (Chad John - Baptiste) RECOMMENDATION 1. That Council approve the Official Plan and Zoning By -law amendment application to permit the development of 60 and 61 storey hotels and associated ancillary uses and parking on the subject lands. 2. That site specific zoning by -laws be passed based on the regulations recommended in this report including Holding (H) provisions to address the servicing, traffic and /or environmental site assessment matters discussed in this report. 3. That the passage of the amending zoning by -laws be conditional on the execution of a Section 37 agreement for each hotel to secure: the design of the project; a capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys; and the completion of streetscaping works on abutting street frontages. EXECUTIVE SUMMARY The applicant has requested site specific Official Plan and Zoning By -law amendments to permit the development of 60 and 61 storey hotel buildings having a total of 966 suites on 2 parcels of land. The amendments can be supported because: the development reflects the intent of the City's Official Plan; the development is in general conformity with the City's tourist area design guidelines and will provide an iconic addition to the Niagara Falls skyline; and the amending by -laws will establish regulations to implement the recommended policies. The recommended holding (H) provisions will ensure the necessary servicing and transportation infrastructure is available and environmental site assessments are completed prior to development. Section 37 agreements should be used to secure the building form, capital facilities contributions and streetscaping improvements. July 24, 2012 - 2 - PD- 2012 -46 BACKGROUND Proposal The applicant is seeking Official Plan and Zoning By -law amendments for two parcels of land. Parcel 1 is 0.35 hectares and is occupied by the Niagara Falls Aviary. Parcel 2 is 0.78 hectares and includes the Michael's Inn property and a City -owned laneway. The applicant is proposing to develop a 60 storey, 222 metre tall hotel with 488 suites on Parcel 1 and a 61 storey, 229 metre tall hotel with 478 suites on Parcel 2. The proposed development includes a wide range of ancillary uses including retail stores, restaurants, entertainment uses, a chapel, observation decks and 5, two storey residential units at- grade fronting onto Blondin Avenue. Parking for the development is to be provided in on- site parking garages, with a portion of the required parking for Parcel 1 provided on Parcel 2. Approximately 20 percent of the hotel suites may have cooking facilities. The two Parcels are proposed to be connected by a pedestrian bridge over Hiram Street and an underground service tunnel. Schedules 2 and 3 show further details of the proposal. Both Parcels are designated Tourist Commercial in the Official Plan and are located in an area where mid -rise buildings (up to 12 storeys in height) may be considered. The applicant is requesting site specific policies which will permit two buildings with heights up to 60 and 61 storeys, respectively, in exchange for contributions to the City for capital facilities. Parcel 2 and part of Parcel 1 are currently zoned Tourist Commercial (TC). A previous minor variance permits a building height of 19.5 metres on Parcel 1. The balance of Parcel 2 is zoned TC with site specific provisions permitting a hotel with a height of 7 storeys. The applicant has requested site specific TC zones for each Parcel to allow the projects. The requested zoning includes the establishment of site specific parking standards, the use of tandem parking and parking stackers to provide a portion of the required parking, the use of Parcel 2 to satisfy of a portion of the required parking for Parcel 1; and a reduction in the number of required loading spaces. Site Conditions and Surrounding Land Uses Parcel 1 is occupied by the Niagara Falls Aviary which is listed as a heritage building. It was extensively rebuilt in 2002 to accommodate the Niagara Falls Aviary and an associated parking garage. The majority of Parcel 2 is the Michael's Inn property and associated parking areas. The balance of the lands are occupied by two former single detached dwellings which are associated with the Inn. The Niagara River is located to the south -east, while Rainbow Bridge is located to the south. Several parking lots owned by the Ontario Ministry of Transportation are located to the north -west. A residential neighbourhood, consisting of a mix of dwelling types and bed and breakfast establishments, is located to the north and north west of Parcel 2. The proposed Niagara Falls Pointe building, an approved, but unbuilt 119 unit, 4 -6 storey apartment building, is situated to the north of Parcel 2. Circulation Comments Information regarding the requested Official Plan and zoning amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: July 24, 2012 Regional Municipality of Niagara - 3 - PD- 2012 -46 - No objections from a Provincial and Regional policy perspective. The proposal represents an intensification of use. An updated study is underway to determine if there is sufficient servicing capacity for the development and if infrastructure improvements are necessary to permit this development. A Holding (H) provision is requested until the servicing issues are addressed. Due to potential contamination of fill on one of the Parcels, as well as the potential of asbestos, paints containing lead and PCBs in fluorescent light ballasts within the existing buildings, a Phase 2 Environmental Site Assessment is required before the project can be built. - A detailed noise study is requested prior to site plan approval due to potential impacts from the Bender Hill Pumping Station (adjacent to Parcel 1) • Niagara Peninsula Conservation Authority (NPCA) No objections. Detailed grading, drainage and erosion control plans will be reviewed as part of the site plan process. • Niagara Parks Commission No concerns at this time. The project does not appear to have adverse traffic impacts on River Road. Impacts on vegetation in the gorge are to be reviewed by the NPCA. - Further review will be conducted at the site plan stage. River Road will be required to be kept open during construction. • Municipal Heritage Committee The Committee agrees with the Heritage Impact Assessment submitted with the application that states the Niagara Falls Aviary building does not represent a high level of heritage cultural value. The Committee requests that City staff be given an opportunity to document the building prior to demolition, and that they be consulted on a physical representation of the building to be established inside the new building. • Municipal Works The size of the proposed development was not anticipated when the sanitary services for this area were planned. Therefore it is not known if the current system is sufficient to handle anticipated flows, particularly during wet weather events. A monitoring study has been initiated to confirm capacity. Sufficient water services exist for the development. The Stormwater Management Study submitted with the application indicates stormwater is to be contained on -site. Details of stormwater management will be determined at the site plan stage. July 24, 2012 Transportation Services - 4 - PD- 2012 -46 - The Transportation Study should be updated to reflect peak (ie. July /August) traffic counts. The guest drop -off area appears to be insufficient to accommodate the number of guests which may lead to traffic impacts on surrounding streets. The drop -off area should be further studied to determine if improvements can be made. It should be directly connected to the parking garage. - Private bus parking on surrounding streets cannot be supported. Adequate bus parking should be provided on the site. No objections to the proposed site specific parking standards, nor the use of parking stackers or tandem spaces to accommodate parking, however parking spaces should be at least 5.9 metres long to adequately accommodate vehicles. No objections to the number of loading spaces proposed, however these spaces should be sized to accommodate delivery trucks expected to serve large hotels. Road widenings of 2.44 metres in width along Hiram Street and 0.91 metres in width along Blondin Avenue and John Street are required. Daylight triangles of 5 metres by 5 metres and 7 metres by 7 metres are required at intersections. • Parks and Recreation - A payment of 2% cash -in -lieu of parkland dedication will be required at the Building Permit stage, as determined by an appraisal. • Fire Services To ensure safe communications in an emergency response in the building there may need to be enhancements to communications systems within the buildings. • Building Services - The proposed development will be required to conform to Ontario Building Code requirements. • Legal Services No objections. The applicant will need to acquire the City -owned laneway that crosses the parking lot of Michael's Inn, and will need to secure the appropriate agreements to permit the overpass and underpass crossing Hiram Street. July 24, 2012 Neighbourhood Open House - 5 - PD- 2012 -46 A neighbourhood open house was held on June 19, 2012 to explain the proposal and to answer questions. The applicants, the applicants' planner and architect and 14 residents and property owners from the area were in attendance. The residents expressed a number of concerns about traffic. They noted that the drop -off area did not appear to be large enough to serve the development and that there was potential for queueing to spill on surrounding streets, as well as potential difficulty in accessing the loading area from John Street and sight line issues on River Road. The applicant's planner noted that City staff had brought up some of the same concerns and that the traffic matters were being looked at further. Some residents questioned if there was a market for this development. The applicant's agent explained that the intent was to provide a different project than what was already available in the City. A resident expressed concern about the precedent the project may set for the rest of River Road, and was particularly concerned if it resulted in additional height for the Niagara Falls Pointe development to the north of the lands. Staff and the applicant provided information on the Pointe development, and noted that approvals would be required to permit additional height. Residents also asked about capital facilities contributions, and stressed the need to improve roads, infrastructure and streetscaping in the River Road neighbourhood beyond the areas adjacent to the subject lands. ANALYSIS 1. Official Plan The subject Parcels are designated Tourist Commercial in the Official Plan and are located in the Clifton Hill Subdistrict of the Central Tourist District. This district is intended to be the focal point of tourism activities in the City and to accommodate intensive, large scale hotels and tourist facilities. Building heights for the Parcels are currently limited to 12 storeys. The Official Plan contains general tourism policies to guide development on the land and enhance Niagara Falls as a world class tourism destination. These are summarized as follows: Promotion of high standards of building design, with new high -rise buildings of variable heights and mass that do not form a continuous wall of development; Creation of an internationally recognizable skyline; - Reduction of building heights toward the periphery of the tourist core and minimization of shadowing on residential areas. Development of design criteria to ensure new buildings add distinct and interesting features to the Niagara Falls skyline, are reduced in mass above the podium and impacts on residential areas are minimized. - Parking areas /structures to be aesthetically pleasing, with active uses provided at the street level to enhance the pedestrian environment. July 24, 2012 - 6 - PD- 2012 -46 Although the maximum building height in the Central Tourist District is set at 30 storeys, the Official Plan allows for consideration of taller buildings through an Official Plan Amendment. Such proposals are to demonstrate that no adverse impacts will be created as a result of the additional height. In particular, extensive shadowing of residential areas, streets and open space, encroachments on the views of the Falls and street level wind impacts are to be considered. The proposed development reflects the general intent of the Official Plan as follows: It is located in the Central Tourist District, where high rise hotels and a full range of tourist related uses are expected; The towers have been designed to be iconic and will add landmark features to the Niagara Falls skyline that will assist in creating an internationally recognizable skyline; The towers are well set back from existing and other approved hotel towers and the Falls and as such they will not contribute to a wall effect and will not impact on or detract from the Falls; Required parking is contained on -site in parking garages, with active uses developed along River Road and Hiram Street to engage pedestrians; and, - The podium on Parcel 2 is reduced in height on the north side to provide a gradation to the low rise residential neighbourhood. A 12 storey height limit was placed on the land when the maximum building height in the Central Tourist District was established at 30 storeys. Since then a greater emphasis has been put on design elements, rather than height alone, to mitigate the impacts of tall buildings. Under newer design considerations Council has approved 3 hotel towers in the 60 storey range. One of these towers, the Niagara Falls Hilton, has been constructed. Given the greater focus on design excellence rather than height, it is appropriate to consider taller buildings on the subject lands provided they meet planning and design objectives. Planning staff note that the development is located close to a residential neighbourhood to the north and north -west. The podium of the buildings(s) serves as a transition with the massing and scale of the approved, but unbuilt Niagara Falls Pointe development to the north. The height of the building towers would result in some shadowing impacts on the residential neighbourhood. Computer modelling shows that on March 21 and September 21, up to about 45 properties would be affected, primarily by the tower on Parcel 2. The properties closer to the development may be affected up to 90 minutes during the morning and early afternoon. On June 21, about 12 -15 residential properties are affected by the tower on Parcel 2 for a shorter duration, with the tower on Parcel 1 having no shadow impacts at all. These shadowing impacts are not considered extensive because of the duration. 2. Architectural Peer Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Peer Review. This Peer Review evaluates a project's conformity to the 7 principles contained in the City's Tourism Policy Review Implementation Handbook. July 24, 2012 - 7 - PD- 2012 -46 An Architectural Peer Review process has been initiated for this project. The Peer Review Report did not address a number of the objectives of the Handbook and is incomplete. In light of this, Staff have completed the review and summarize the project's conformity with the principles below: Principle 1 - Positive Building Base The project meets the minimum build -to lines along street edges to engage surrounding sidewalks, and provides retail uses along the River Road to animate this frontage. Residential units are included in the podium along the Blondin Avenue to provide an active frontage. At the site plan stage options to reduce or eliminate blank facades and engage pedestrians on other streets can be considered. This could include adding windows and /or architectural treatments to the podium. The podiums for both developments are at a scale consistent with the Niagara Falls Pointe project to the north. Overhangs are provided at various locations to provide some weather protection for pedestrians. "Green" walls consisting of vine type vegetation has been incorporated on the John Street and Blondin Avenue sides to soften the built form adjacent to residential areas. Principle 2 - Public Realm at Grade Streetscape improvements abutting the site will be secured through the Section 37 Agreement. The development represents an opportunity to comprehensively streetscape abutting streets. Details of the streetscaping, including tree planting, sidewalks, benches, and any proposed public art, will be developed and secured through a Section 37 Agreement. Principle 3 - Skyview This principle seeks to ensure Tight and transparency is provided between buildings through a set of built -form regulations. The project conforms to the regulations as follows: The proposal is within the maximum tower floor plate sizes (892 square metres proposed /maximum 1115 square metres permitted); - Separation distances between the towers are well above the minimum requirements (63 metres proposed /minimum 25 metres required); - The podium front yard setback is within the required setbacks (0 m from River Road proposed /0 -3 metres permitted); The towers are slightly above the maximum length to width ratio (1:1.6 versus a maximum of 1:1.5) but this slight variance is acceptable; The height of the podiums varies from 12.6 metres along most of John Street and Blondin Avenue to 20 metres along River Road, with some projections above 20 metres. Although portions of the podium are above the maximum 15 metres height as directed by this Principle, the design provides a step down to sensitive uses to the north, the variations in height provide some July 24, 2012 - 8 - PD- 2012 -46 interest in the design and a human scale is provided along River Road with the overhangs. A small portion of the south tower is 0.9 metres from River Road and is 1.2 metres of the parcel to the west, while a small portion of the north tower is 0.5 metres from Hiram Street. Although towers should be set back 3 metres from a street and 12.5 metres from an interior side yard, the encroachments are unavoidable given the configuration of the sites. Having a small portion of the tower adjacent to the street does not have any massing impacts, nor are any unacceptable wind impacts created. Should the lands to the north- west of Parcel 1 (owned by Ministry of Transportation) be developed in the future, that project could provide additional setbacks from Parcel 1. Principle 4 - Skyline Height The principle states that the taller the building the greater the emphasis should be on slenderness, and that building heights should be stepped down towards the periphery of the tourist district to minimize impacts on residential areas and Queen Victoria Park. Diversity of height can be allowed provided it is shaped and located in a way that warrants the height. The buildings are slender and are organized to provide visible skyview between. The height of these buildings will create diversity in the skyline and are designed as unique shapes. The towers are approximately 150 metres from the approved 30 storey hotel on Canadian Niagara Hotel lands. The buildings are close to a residential area, but shadow impacts are minimal. Principle 5 - Views and Vistas This principle seeks to preserve and enhance visual connections to the Falls. Given the conversion of the Minolta Tower to a hotel and the closure of the Maple Leaf Tower, there has been a reduction in the number of observation towers in the City. The proposed hotels include observation decks that replace these lost viewing opportunities. As the views from the area north of the Michael's Inn towards the Falls are already constrained, the proposed development should not have an impact. Principle 6 - Microclimate A Microclimate Study was completed by RWDI Consultants for the development. This study concluded that with the addition of wind mitigation measures (including tree planting along streets) there were no adverse impacts created by the development. In addition, the project includes overhangs along River Road to protect pedestrians. There are no concerns with compliance with the principle. Principle 7 - Parking and Circulation This principle seeks to reduce the visual impact of parking Tots and traffic impacts caused by remote parking lots by containing parking on -site in garages. The proposed development incorporates required parking within two on -site parking garages. These garages are screened from adjacent streets by retail and active use areas along sidewalks. A further review of the drop -off area on Parcel 2 to ensure it is large enough to serve the development will be conducted. July 24, 2012 3. Icon Status - 9 - PD- 2012 -46 The project represents an opportunity to create iconic structures in the skyline. The Official Plan policies promote architectural excellence and an internationally recognizable skyline. This project adds iconic features to the skyline as follows: The architecture is highly distinct from existing and proposed buildings, therefore it will stand out from existing buildings. The towers will help replace the distinct towers that have been diminished in recent years, such as the Minolta Tower and the Maple Leaf Tower. The buildings will stand at the north end of the tourist district, well separated from other existing and approved tall buildings. The location adjacent to the Rainbow Bridge provides a unique opportunity to create a dynamic first impression upon entering Canada. 4. Transportation and Servicing Impacts and Holding (H) Provisions The City's Transportation Services Section has reviewed the project and the Transportation Study and have a couple of concerns. These include the traffic counts used to generate the study, the adequacy of off - street drop -off areas and the location of bus drop -offs. The applicant is conducting further study to respond to the comments. To ensure surrounding streets and residential areas are not adversely impacted, these issues should be addressed prior to passage of the zoning by -law. If they are not, a holding (H) provision could be utilized. The applicant is also conducting further study on the adequacy of the sanitary services to accommodate this project as well as other approved projects in the Tourist Core. To ensure that adequate services are available, a holding (H) provision should secure the study's completion and any necessary upgrades to the City's and the Region's satisfaction. The applicant has submitted a Phase 1 Environmental Site Assessment which identified possible contamination of the sites. To ensure any contamination is dealt with in accordance with Provincial policies, a holding (H) provision should be used to address the completion of a Phase 2 Environmental Site Assessment as well as the filing of a Record of Site Condition, if necessary. 4. Zoning By -law The applicant has requested site specific Tourist Commercial (TC) zones for each Parcel. The zones would address the height, massing and setbacks of the proposed buildings and their components. The increased height and density (massing) of the buildings will be secured through a Section 37 agreement under the Planning Act. The following site specific relief is sought: Building heights: 222 metres (728 feet) requested for the building on Parcel 1 and 229 metres (751 feet) requested for the building on Parcel 2. Lot coverage: 90% proposed. This adjustment is necessary to accommodate the project and the necessary on -site parking. The design guidelines allow consideration of up to 100% lot coverage. July 24, 2012 - 10 - PD- 2012 -46 Loading spaces: 3 requested for the building on Parcel 1 and 6 requested for the building on Parcel 2. Transportation Services is satisfied sufficient loading facilities are to be provided for the buildings. Cooking facilities in hotel suites: Up to 222 of the 966 suites could be fitted with cooking facilities. To ensure that these suites are not used at the same intensity as a dwelling unit (and thereby requiring a higher parking standard) the applicant is proposing to restrict these units to a size typical of a hotel suite. Staff have no concerns with this aspect of the proposal. Dwelling units on the ground floor: A total of 5 townhouse units are proposed on Blondin Avenue to assist in the transition to the adjacent residential area. The applicant is requesting a range of site specific parking requirements. A parking rate of 0.8 spaces per hotel suite is requested along with reductions for the ancillary assembly areas, restaurants and retail areas. These rates are acceptable as they are in accordance with the standards recently adopted by Council. As Council has exempted certain ancillary uses from providing parking, a lower parking standard will be applied to the development. This will afford some design flexibility for the developer. The applicant has requested a portion of the required parking be provided in parking stackers and as tandem parking within the on -site structure(s). As these spaces will be provided through a valet service, this arrangement can be supported. Reductions in the width of parking aisles (from 6.3 metres to 6 metres) parking spaces (from 2.75 metres to 2.6 metres) and the length of parking spaces (from 6 metres to 5.6 metres) are all requested. Staff can support the first two reductions but cannot support a reduction in the length of parking stalls to 5.6 metres, as this will not accommodate certain passenger vehicles. A parking stall length of 5.9 metres is recommended and has been used previously for hotel projects. A shared parking arrangement is proposed where a portion of the required parking for Parcel 1 is to be provided on Parcel 2. As the two Parcels are expected to operate as one unit, this shared parking arrangement is acceptable and will be zoned accordingly. 5. Section 37 Agreements Section 37 Agreements are permitted under the Planning Act to secure streetscape and community facilities, in return for increased height. All projects over 4 storeys in height in the tourist areas are required to pay for streetscape improvements on abutting streets. As the streetscaping work along the street frontages abutting the subject lands has not been completed, the Section 37 Agreement should require the submission of detailed streetscaping plans, reflecting the Streetscape Master Plan, for these street frontages to the satisfaction of the City and Niagara Parks Commission. A Letter of Credit will be required to secure completion of the streetscaping. The estimated cost of all the streetscaping is $540,000.00 based on the standard charge per lineal metre. Developments over 30 storeys are required to make a cash contribution based on 5% of the construction cost for the net floor areas over 30 storeys, in return for the height increase. The net floor areas excludes elevators, stairwells, mechanical rooms and ventilation /mechanical shafts. Staff estimate the contribution for the development to be between $4.5 and $5 million. July 24, 2012 - 11 - PD- 2012 -46 The contributions are to be directed to one or more of the following municipal community facilities: Downtown revitalization projects Proposed extension of Olympic Legacy Trail over Highway 420 (bridge) Sylvia Place Market As with other projects of this magnitude the general architecture and design of the project would be secured in the Section 37 agreement. 6. Legal Matters The following 3 property matters need to be addressed prior to the lands being developed: - A closed, City -owned laneway exists on Parcel 2 behind Michael's Inn. The applicant has initiated the process to acquire this land. The project includes an overpass and underpass crossing Hiram Street. The applicant will need to enter into the appropriate agreements with the City to permit these crossings. A small sliver of land exists between Parcel 1 and Hiram Street which is owned by the Ontario Ministry of Transportation. This land is required to widen Hiram Street and will need to be acquired. The transfer of this land will need to occur prior to execution of the above noted the crossing agreement. These matters will be dealt with prior to development. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Economic Vitality Strategic Priority in that it provides a new tourism product and iconic architecture to promote the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Schedule 3 - East Elevations Recommended By: Respectfully Submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -46, AM- 2012 -005, 5555, 5599 5651 River Road, Hotel Towers.wpd July 24, 2012 - 12 - SCHEDULE 1 PD- 2012 -46 Subject Lord " Amending the Zoning By -law No. 79 -200 May 2012 Location: 5555, 5599 & 5651 River Road, 4369 Hiram Street, 5600 Slondin Avenue Applicant: Terracorp Holdings Ltd., Amanda Co. and 2302846 Ontario Inc. AM- 2012 -005 July 24, 2012 - 13 - SCHEDULE 2 PD- 2012 -46 July 24, 2012 - 14 - SCHEDULE 3 PD- 2012 -46 / ---41ez-- 0-1 6e-it.x.-e.it,-21...(.2-., .x..../(-L- ic t.„4-1..2.6ta-,z...4_„ _,t,,,c- tc...._AL.-- J..' ,-., 6-ect.,:ei 45_4L, yt/ c..-t 4 2,...-c-c,..A..,-f / , i, ---.) / Z 44, 41L-C-- --, 1 dZ k --rfr7 4:- 4 -6- -/-C-6-t-(-) -4r- Lt.. "2- L -7 .0 • <7:4 O; 6-i 2 at _ ) L ) 2 L, 0-1 1_,e,-1-ti.--11-17(:. L --t r ---t- i L ? .,„12, (71.-, -72-2,-0-2,2_ 0--t„ --3 Lit ) (j-:: / ; ._-,e)—( is--1-- ,....- .,...c,--4..- ' t.L ---- / _ ...4.-- --, !,,N, ---/ ,.../ - -- -1-<-4-4-,- ‘ 1. 71 / 1 '( t•-• c 72- I ../1” Niagaraaays REPORT TO: SUBMITTED BY: SUBJECT: PD- 2012 -36 July 24, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -36 Proposed Change from Residential Loan to Residential Grant for the Downtown Community Improvement Plan - Revised RECOMMENDATION That Council support the following: That the Downtown CIP Residential Loan Program be changed to a Residential Grant Program on a six month trial period to encourage the renovation of old vacant apartments that are in serious disrepair and unused vacant space above businesses to help stimulate the economic recovery of Downtown by encouraging more people to live in the area; and That the maximum grant be 50% of the eligible funds up to $10,000 ($5,000 from the City and $5,000 from the Region) per unit based on a minimum renovation of $20,000; and That the Residential Grant Program come into effect immediately with a 60 day intake period for applications; and That staff report back on the success of the program after the six month trial period; or, in the alternative That Council direct staff to review the Downtown BIA's alternative request, that an increase in time of repayment of approved loans from 5 years to 10 years, and the processing of the first progress payment of the loan at 40% completion (the program currently provides progress payments at 60 %, 80% and 100% completion of the project) be implemented. That the report be referred to staff to work with the Downtown BIA on a revised loan program EXECUTIVE SUMMARY On May 29, 2012 and June 26, 2012, Council deferred Report PD- 2012 -20 (attached) which recommended changing the current Residential Loan Program in the Downtown CIP to a Residential Grant Program. The intention of the proposed revised program is to encourage the construction of additional apartments, and therefore, provide an opportunity for more people to live in the Downtown. There are opportunities to construct new apartments in vacant space above commercial stores, but also, renovate old vacant apartments that have come into serious disrepair. This report outlines a couple of changes to the recommendations from the earlier Report PD- 2012 -20 that was deferred. Firstly, this report suggests the lowering of the maximum amount of the grant from $15,000 per unit to $10,000 per unit ($5,000 from the City and $5,000 from the Region). The lowering of the grant will spread out the funds and thus allow more property owners to take advantage of the program. Secondly, to address a concern of a fairer way of distributing funds, the July 24, 2012 - 2 - PD- 2012 -36 program procedures can include a 60 day intake period for applications and all applications will be reviewed and recommended to Council on their own merits. A third report change is for consideration of Council if they do not favour a change of the Residential Loan to a Grant. The Downtown BIA has requested consideration to increase the time of repayment for approved grants from 5 years to 10 years, and than an additional progress payment for loans be made at 40% completion of the apartment project. BACKGROUND The Downtown CIP was approved by Council in December, 2004 with the intent of encouraging a healthy viable Downtown. One of the main purposes of the CIP is to stimulate private sector investment and a method to do this involved the preparation of a package of financial incentives. The incentives included a commercial building and facade improvement grants and residential loan for new apartments. While the commercial building and facade improvement grants have been quite popular, the City has received only four residential loan applications over the past seven years. Despite some initial success, the Downtown has seen a number of businesses close over the past year or so. This can be attributed to the lack of pedestrian traffic and people living in the Downtown to buy products from local retailers. While some commercial operations are doing well, a majority of retailers may not survive without increased pedestrian traffic and people living Downtown. The question remains, how can more people be attracted to visit and live Downtown. One way is to encourage good quality apartments at attractive lease rates. There has been some renovated apartments recently made available. The rent that can be realized for such apartments is approximately $550 to $600 per month. Similar apartments in other locations in the City could realize $800 to $850 per month. This presents a challenge for apartment owners to occupy their apartments with valued tenants that see living in Downtown a positive experience. The Downtown BIA is supportive of more apartments being encouraged in the downtown. At a meeting held on June 13, 2012 they passed the following motion: To request City Council "to move forward on the urgency to convert the Residential Loan Program to a Grant Program." Carried Representatives of the Downtown BIA will attend tonight's Council meeting and have requested an opportunity to speak on the matter. ANALYSIS The previous report recommended a maximum of $15,000 per apartment ($7,500 from the City and $7,500 from the Region) based on a minimum expenditure of $30,000 of eligible costs. In discussions with the Downtown BIA, they support a reduction to the maximum grant to $10,000 per apartment rather than $15,000. It is felt that the lower grant amount will provide an opportunity for more property owners to take advantage of the potential grant. The Downtown BIA strongly supports the utilization of the CIP funds to encourage more apartments in the area. Many past retail stores left the Downtown because they were not sustainable without adequate population mass to support their businesses. Through July 24, 2012 - 3 - PD- 2012 -36 previous studies, it was felt that resurrecting new larger commercial development was the answer to revitalizing the Downtown. We have seen new commercial businesses come and go. The vision now is to create an environment where people will want to live and work. The Downtown supports a number of professional offices, banks, restaurants, bars, VIA Rail Station and City Transit. The important challenge is to keep the Downtown clean and safe. In creating good quality apartments, places to work and interesting shops and boutiques, there is an opportunity to create a positive quality of life experiences and cool place to live. A question arose at a previous meeting of Council as to who would be eligible to receive the funds. If Council approves the change, it is recommended that rather than processing the applications on a first come first serve basis, that all owners will be required to satisfy certain criteria. To ensure equal processing and review, staff will provide a 60 day period in which to submit an application for funding in 2012. Therefore, all Downtown landowners will have a chance to put forward an application. These applications will be reviewed and weighted based on the type of renovations and potential catalyst to encourage other redevelopment. It is also recommended that property owners have one year from the date of Council approval to carry out the work or risk losing the grant. Staff recommendations on the applications will be provided to Council for approval. Attached as Appendix 2 is the proposed program procedures. There has been some concern expressed that the proposed grant program would be giving incentives to owners in the Downtown area that are not available to other business persons elsewhere in the community. Council is reminded that by approving the Downtown CIP in 2004, it recognized the Downtown as an area of economic decline and the need for financial incentives to encourage private sector investment. The rationale fora Community Improvement Plan is to provide incentives, not available elsewhere in the community, to areas that require rehabilitation and revitalization. Although past grants or monies allocated from the City's CIP's have had, arguably, a benefit to the entire community (facade upgrades improving the aesthetics of areas of the City, proposed enhancements to the Sylvia Place market and monies put into various events), a number of CIP grants approved by Council have only benefited the respective property owner (grants for roof repairs, internal plumbing and heating systems). The Downtown BIA feels that a residential grant program is the stimulus necessary to get people living Downtown, which will encourage the need for supportive business services and and overall improvement to the area. If Council does not support the change from a Residential Loan to a Grant, the Downtown BIA has suggested consideration to extend the length of repaying loans from 5 years to 10 years and the additional progress payment at 40% completion of the projects. These changes will provide some financial flexibility for the developer, as they use a large amount of rent collected to pay back the loan starting one year after the completion of the project in spite of not realizing full and regular occupancy. A progress payment at 40% completion will aid the developer at a stage when a majority of the material supply invoices are due. Staff is less supportive of an extended loan period as it puts the corporation in the position of a banker to the businesses and creates additional administrative issues but is willing to report back to Council, if so directed. July 24, 2012 FINANCIAL IMPLICATIONS - 4 - PD- 2012 -36 As noted in the previous report, there is approximately $600,000 in Special Purpose Reserve resulting from earlier years of surplus from the Downtown CIP Budgets; however, at this time, staff is proposing a six -month trial period, so full utilization of the remaining funds is unlikely. The utilization of the funds for new and renovated apartments is a good utilization of the funds. The reserve money remains available to assist the economic recovery of the Downtown. Money sitting idle in an account is not providing a beneficial return. The change from a Residential Loan to a Grant would be a positive step of encouraging property owners to create more apartments in the Downtown. The grant program can be applied for a specific duration of time. If Council does not support the change to a grant, the extension of time to pay back the loan from 5 to 10 years and the addition of a progress payment at 40% completion of the project to provide additional finance flexibility for the developer, would be appreciated by the Downtown BIA. CITY'S STRATEGIC COMMITMENT The intent of the change of the financial incentive program is to encourage more people to live in residential apartments within the Downtown. Additional residents living in the Downtown will strengthen and promote the economic viability of the Downtown and this satisfies one of Council's strategic priorities. LIST OF ATTACHMENTS ► Appendix 1 - Copy of Previous Staff Report PD- 2012 -20 ► Appendix 2 - Program Procedure for a Residential Grant Application Recommended by: Respectfully submitted: R.Bolibruck /D. lorfida:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer V.`2012 COUNCIL 2012 07 24 \PD- 2012 -36. Revised Report on Residential Loan to a Grant. wpd TS- 2012 -30 Niagaraaalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services /Business Development SUBJECT: TS -2012- 30 WEGO Operations, Maintenance, and Storage Facility Class B Cost Estimate Update RECOMMENDATION: That Council authorize staff to proceed, upon completion of a Class A cost estimate, to tender a combined WEGO /Niagara Falls Transit/Go Transit Operations, Maintenance and Storage Facility, at an upset limit of $27.6 million (includes $5.3 million investment from the City) for the construction of a combined facility with inside storage for 36 (includes 12 for GO Transit) buses. EXECUTIVE SUMMARY: The City of Niagara Falls has been presented with a rare opportunity to leverage Federal and Provincial funding (City's contribution rate of 20% which is well below the traditional 50% level) to construct a new Combined Transit Operations and Maintenance Facility. This funding could not have come at a better time as the current transit facility is more than 55 years old and in need of replacement. The cost to replace the existing building is estimated at $15 million, which would have been solely at the City's expense. At the January 24, 2012 Council Workshop, staff were instructed to explore pricing on the Class C 50% storage and the Class C base options. Based on Council's direction the following was achieved while preparing for the Class B cost estimate: • Building size reduced by 20% • Eliminated one service lane (3 to 2) • Indoor storage reduced by 50% • Removed Parking Operations • Reduced entire Administration Space by 12% From the combined contributions (Federal, Provincial and GO Transit), $22.3 million has been allocated to construct the WEGO/Niagara Falls Transit/GO Transit building. In order to include the conventional transit system operational needs an investment of $5.3 million will be required to construct this new 50 -year facility. July 24, 2012 - 2 - TS- 2012 -30 BACKGROUND: The City's transit consultant, IBI Group, concluded in the 2009 Transit Strategic Plan that, given projected future expansion of transit services in Niagara Falls including expansion of transit services to better serve the community, a new facility is required to meet future needs at an estimated cost of $15.0 million. Prior to the award of funding for the new WEGO system, Staff had identified within the 10- year Capital Budget that by 2014 it would need to fund the replacement of the existing transit operations and maintenance facility. With the announcement of the WEGO project, the City of Niagara Falls has been presented with a rare opportunity to leverage Federal and Provincial funding (at a rate of 20% which is well below the traditional 50% funding level) to construct a new combined Transit Operations and Maintenance Facility. The decision to combine the transit operations and maintenance facility was approved at the October 24, 2011 Council meeting at which time the staff were instructed to proceed with the design of a combined Niagara Falls Transit/WEGO /GO Transit facility. A subsequent Council workshop held on January 24, 2012, where a Class C cost estimate was presented illustrating the combined facility design. Following this presentation, Staff were instructed to look at further opportunities to reduce costs. In response to this, the following actions were undertaken; the building size was reduced by 20 %; eliminated one service lane (3 to 2); indoor storage reduced by 50 %; removed Parking Operations administration space; reduced administration space by 12 %. More specifically the administrative area was reduced as follows: • Reduced total administrative space by over 2,000 ft2 ($355,000) by consolidating spaces and uses • Removed conference room and coffee room /storage area — multi - purpose rooms are planned • "Squeezed" the building to further reduce space, offices, servicing and cost • Administrative space is approximately 12% of the total building A Class B Estimate has now been prepared, which is plus /minus 10% in accuracy. The following identifies (2) alternatives that were prepared with the associated size estimates for each described below: 1) Base Alternative Satisfies Federal and Provincial Funding Partners and GO Transit's requirements, however, does not satisfy conventional Transit's storage needs $2.8 million 2) 50% inside Storage Satisfies daily Conventional /WEGO needs (utilizes maintenance area (20 %), however is a reduced level of service compared to existing). $5.3 million The decision on the provision of indoor bus storage (how much to provide) versus outdoor bus storage has been debated for many years and it is difficult to quantify. Since the acquisition and construction of the current transit facility in 1975, indoor storage for the conventional fleet has always been above the 80% level, all other vehicles including the Chair -a -van, Inter - municipal vehicles, GO Transit and out of town buses have been stored outside. July 24, 2012 - 3 - TS- 2012 -30 The attached appendices provide information related to Transit System Survey Regarding Vehicle Storage, Environmental Issues, and Benefits and Challenges to Outdoor Storage. Although below our current storage levels, the fact is that Staff feel comfortable in providing a 50% level of storage to meet the peak operational needs of both the conventional and WEGO operations without severely impacting the day to day operational costs. There may be times when extra staff may be required to address periodic harsh winter conditions, however, it is anticipated that these instances would be few and far between. Should these instances increase on a regular basis the building is built in a modular fashion that would allow for expansion in the future if warranted and funding is available. ANALYSIS /RATIONALE: The opportunity to combine the VTS /Niagara Falls Transit/GO Transit facility provides many mutual benefits to the City. As highlighted in the 2009 Transit Strategic Plan prepared by IBI, it would cost an estimated $5.0 to 6.0 million just to bring the existing 50- year -old building up to current building code standards. To build a new facility to accommodate Niagara Falls Transit only, it would cost an estimated $15 million which does not include the necessary land acquisition to enlarge the site to enhance the service per the 2009 Transit Strategic Plan. FINANCIAL /LEGAL /STAFFING IMPLICATIONS: The proposed capital cost estimate for the building, requires an investment of City funds. The City's investment allows for consolidation of all Transit operations in one facility. The proposed facility is an opportunity to leverage City funding with other partners contributing. The chart below provides a breakdown of the funding partners in this facility, showing both funding amount and percentage. The City's investment as shown above allows the City to avoid replacement of the existing transit garage at an estimated cost of approximately $15 million, consolidate all transit operations and build a modern facility utilizing a partnership with other funding partners. It is anticipated the proposed facility will accommodate operations for another 40 years. The construction schedule for the project requires the building be completed in 2014. As a result, Council would be required to commit funding in 2014 to this project should the recommended proposal be approved in principle. An investment of $5.3 million exceeds the annual allotment of capital transfers from the General Purposes Budget. As a result, the municipality should expect to debenture its share of the investment. Amount Percentage Federal Government $9.15 million 33.1% Provincial Government 9.15 million 33.1% GO Transit 4.00 million 14.5% City of Niagara Falls 5.30 million 19.3% Total Cost $27.60 million 100% The City's investment as shown above allows the City to avoid replacement of the existing transit garage at an estimated cost of approximately $15 million, consolidate all transit operations and build a modern facility utilizing a partnership with other funding partners. It is anticipated the proposed facility will accommodate operations for another 40 years. The construction schedule for the project requires the building be completed in 2014. As a result, Council would be required to commit funding in 2014 to this project should the recommended proposal be approved in principle. An investment of $5.3 million exceeds the annual allotment of capital transfers from the General Purposes Budget. As a result, the municipality should expect to debenture its share of the investment. July 24, 2012 - 4 - TS- 2012 -30 During 2012, Council considered a debt management strategy and approved additional borrowing for 2012, however, future years were subject to subsequent years' approvals. It should be noted that the proposed investment could be accommodated within the debt management plan as proposed by staff. CITY'S STRATEGIC COMMITMENT: This initiative is supported by Council's Strategic Priorities Provide Convenient, Accessible, & Sustainable Transportation through the Integration of Niagara Falls Transit facilities with the proposed People Mover facility. LIST OF ATTACHMENTS : Appendix A - Transit System Survey Regarding Vehicle Storage Appendix B - Environmental Issues Appendix C - Benefits and Challenges to Outdoor Storage Recommended by: Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Serge Felicetti, Director of Business Development Ke Todd, Chief Administrative Officer July 24, 2012 - 5 - TS- 2012 -30 S: \General Administration \GA 1.01 Reports\2012 Council \11 July 24 \TS -2012- 30 - WEGO Facility Class B Cost Estimate_1.wpd Appendix A Transit System Survey Regarding Vehicle Storage In 2009 a survey was conducted by City of Burlington staff to determine the vehicle storage infrastructure and experience in Ontario Transit systems. Survey responses were received from 21 transit systems and of those, five systems currently have outdoor storage facilities. Of those systems that currently have outdoor storage, only OC Transpo (Ottawa) would build outdoor storage facilities in the future. Below is a summary of experience from the five systems currently using outdoor storage. GO Transit GO Transit currently parks 141 of their 385 buses outdoors (with auxiliary heating systems). Based on the maintenance issues and operating costs associated with outdoor storage, all future storage will be indoors. The two largest facilities (Milton — 25 buses and Bramalea — 58 buses) now have indoor storage. Kingston Transit Kingston Transit currently parks their fleet of 48 buses outdoors in an area that is partially covered. Kingston reports issues with cold temperatures, particularly with the bus air system, ice freezing on windows, heat (customer and bus operator comfort) and farebox malfunctions. As a result, a feasibility study was undertaken in 2009 to consider enclosing the storage area. The Study concluded the need for indoor storage vs outdoor storage and in 2011 City Council approved is proceeding with the transition to indoor storage. Mississauga Transit Mississauga has 422 vehicles with 100 outdoor spaces at 1 location. In 2005 Mississauga commissioned a study re the cost /benefit analysis and net present value assessment for outdoor vs. indoor storage. The study concluded that the life cycle costs of the two options are essentially equal for the indoor and outdoor options and that the decision should be made based on operational needs. The indoor storage of transit vehicles is preferred under considerations related to customer service (comfort, cleanliness, service reliability), employee working conditions (safety) and environmental impact (bus idling, noise, fluid spillage). All new facilities have been built with indoor storage based on challenges with outdoor storage and results of the cost/benefit and net present value assessment of outdoor versus indoor storage. OC Transpo (Ottawa) OC Transpo has 1,000 vehicles with 90 outdoor spaces at 1 location. In June 2004, OC Transpo prepared a report on outdoor vehicle parking following a 3 -year pilot project. OC Transpo uses the Webasto heating system as opposed to the UWE system used in Mississauga and Toronto. OC Transpo concluded the pilot program was successful and provided 34 July 24, 2012 - 6 - TS- 2012 -30 recommendations related to outdoor storage. The first recommendation was "Notwithstanding the positive pilot results, as a hedge against any as yet undiscovered problems, all outdoor bus parking areas in future garage builds should be configured on the site such that they could be enclosed in the future if need be ". OC Transpo is currently designing a second outdoor storage facility. Toronto Transit Commission Toronto has 1600 vehicles with 300 outdoor spaces at 2 locations. The newest facility built in 2007 has 100% indoor storage based on operational challenges with the 2 existing outdoor storage facilities. Although Brampton Transit does not operate an indoor storage facility, Brampton undertook a similar study as Mississauga Transit in 2006. Brampton Transit's study reached the same conclusions as Mississauga Transit. The new Brampton Transit Operations Centre that opened in 2008 was built with indoor vehicle storage. July 24, 2012 - 7 - TS- 2012 -30 Appendix B Environmental Issues Weather Impact For outdoor vehicle storage, steps must be taken to minimize the effect of adverse weather conditions on vehicle mechanical systems (particularly engines, electrical and air systems). Although the outdoor storage technology keeps major vehicle components warm (engine and fluid systems) and maintains battery strength for starting, extra precautions must be taken to ensure the availability of buses for service each day. These precautions include pre - service start-up to warm buses to ensure key operating features are functioning (i.e. brakes /air system, windshield wipers, ramps, etc.) In colder weather conditions, it may be necessary to idle buses for extended periods (one hour or more) while maintenance staff attends to all vehicles. Transit systems reported the increased of salt and sand for outdoor storage areas, as staff are required to move throughout the vehicle parking area to attend to all the vehicles. This results in an increase in the repair and maintenance of the outdoor storage area and a need to replace the pavement sooner. Environmental Impact As discussed above, in colder winter conditions it may be necessary to idle buses for extended periods of time in order to properly warm up and defrost vehicles. Based on the survey of Ontario transit systems, the time required to idle buses ranged from 30 minutes up to 3 plus hours a day in some circumstances (winter conditions). Excessive idling results in increased fuel usage, additional wear on equipment components plus the environmental impacts of idling for extended periods of time. In addition, vehicle maintenance requirements increase due to idling and excessive vehicle exposure to the elements during the vehicles dormant period each night. i.e. engine components, electrical, air system, HVAC, steering, brakes. In addition to an increase in noise pollution produced by idling vehicles, fossil fuel powered vehicles emit several types of greenhouse gases (GHG's). These gases include carbon dioxide (CO2) that contribute to climate change and criteria air contaminants (CAC's) such as volatile organic compounds (VOC's), carbon monoxide (CO) and nitrogen oxides (NOX) that all contribute to air pollution. Heavy duty diesel powered vehicles emit criteria air contaminants (CAC's) such as particulate matter (PM) and nitrogen oxides (NOx ); however, with the latest technological advancements both diesel fuel and engine designs, the diesel powered vehicle of today will rival gasoline powered vehicles on emission standards during vehicle in- service operation. Excessive idling of any fossil fuel powered vehicle contributes to pollution regardless of the performance level of the emission controls. In order to comply with 2010 emission requirements, diesel powered vehicles in 2010 and beyond will be equipped with additional emission equipment including a storage tank under the bus that will contain liquid Urea (an odourless, biodegradable, ammonia based product). Urea will be injected into the exhaust system creating a chemical reaction to change nitrogen oxide (NOx) into water and nitrogen thereby resulting in cleaner emissions. The Urea product cannot freeze as it will not discharge into the exhaust system. Notwithstanding updated federal /provincial regulations and technological advancements, community leaders continue to strive in reducing greenhouse gases through the implementation of programs and /or local regulations. On October 19, 1998, Niagara Falls City Council passed By -law 98 -217, "A by -law to prohibit unnecessary idling of vehicles July 24, 2012 - 8 - TS- 2012 -30 within the City of Niagara Falls". The adoption of this by -law clearly demonstrates Niagara Falls as a leader in this type of environmental initiative. The by -law states that "No person shall cause or permit a vehicle to idle for more than three (3) minutes in a sixty- minute period within the City's boundaries" Niagara Falls Transit vehicles are exempt from this bylaw, however all efforts to conform to the by -law should be taken into consideration in the decision making process. The City, along with various neighbouring communities is a partner in the Regional /Provincial initiative "Spare the Air Program ". The program is geared towards reducing greenhouse gas (GHG) emissions by providing not only an educational and awareness component, but also a follow up process to evaluate the effectiveness of the program. Vehicle Maintenance Requirements In colder weather conditions, servicing may also present challenges in that buses cannot be washed and stored outdoors during the winter season. Although buses can be rotated from indoor to outdoor storage, buses would not be washed every night during winter months when daily bus washing is often required. This constraint results in buses being dispatched into service that have not been cleaned which would project a negative public image. In addition, during inclement and cold weather conditions, minor repairs such as replacement of lights or mechanical adjustments are difficult to undertake, necessitating that vehicles be brought indoors. The major short -term advantage of outdoor storage is the capital cost savings over a facility with indoor storage. While it is generally accepted that the initial cost of construction is higher for indoor storage, the environmental (air quality, noise) and long -term operating cost benefits of indoor storage can outweigh the initial additional capital expense incurred. Outdoor storage also presents employee safety issues during winter months due to snow and ice. Indoor storage provides a controlled work environment thereby ensuring a safer work environment. July 24, 2012 - 9 - TS- 2012 -30 Appendix C Benefits and Challenges to Outdoor Storage The anticipated benefits to outdoor storage include: - Capital costs would be approximately 45% less than indoor storage - Operating costs for heating and hydro would be 65% less than indoor storage - Rate of vehicle corrosion would be slower due to fewer thaw out periods The anticipated challenges to outdoor storage include: - During adverse weather conditions (i.e. winter weather) additional maintenance staff would be required to start the buses, remove snow and ice from the buses. Additional Staffing required to provide the necessary time requirements to ensure vehicles parked outdoors are properly prepared at the end of the day for outdoor parking and the buses are ready in the a.m. for the start of the day.) - Winter yard maintenance would need to be enhanced to provide clear walking paths for drivers and maintenance staff. Snow removal from in between parked buses would be essential for staff safety. - Environmental spill containment requirements would need to be addressed. (Equipment and training) - Increased maintenance on bus heating systems, air systems, brakes, suspension, steering, driveline components. - Environmental and cost issues (fuel, maintenance) related to buses idling in winter months. - Increased use of sand and salt for outdoor storage area, as staff required to move throughout the vehicle parking area to attend to all vehicles. This results in an increase in the repair and maintenance of the outdoor storage area, and a shorter life cycle of the pavement. - Components freezing up including doors, ramps /kneeling systems, mirrors, wipers, air system, suspensions. - The need for thawing of undercarriages would require bus storage rotation to ensure that the undercarriages were clear. Due to accumulation of snow and ice on the underside of the buses they may become difficult to steer if not addressed. - Life expectancy of components may be lessened due to outdoor storage. - Maintenance of outdoor storage equipment (outlets). - Staff training (i.e. adverse weather conditions, electrical). SNOIIV3INf1WWO3 (7/19/2012) Dean lorfida - 2012 VCBIA budget to city.xls Victoria - Centre BIA 2012 Budget marketing & advertising $ 22,600.00 office expenses $ 4,500.00 conventions & meetings $ 1,000.00 HST $ 28,000.00 bank charges $ 100.00 sponsorships (ie: WFOL, NYEve, fireworks) $ 186,000.00 consulting - 2 casinos $ 8,750.00 professional fees $ 12,200.00 salary $ 24,000.00 streetscape $ 31,000.00 contingency $ 31,850.00 convention centre commitment $ 100,000.00 $ 450,000.00 (7/19/2012) Dean lorfida - 2012 FVBIA levy to city.xls Page 1 Fallsview BIA 2012 levy marketing & advertising $ 37,650.00 office expenses $ 5,000.00 conventions & meetings $ 1,500.00 association memberships $ 1,200.00 bank charges $ 100.00 sponsorships(WFOL fireworks, NYE, etc.) $ 327,000.00 insurance $ 2,300.00 professional fees $ 18,000.00 salary & wages $ 44,000.00 miscellaneous $ 5,250.00 convention centre commitment $ 1,000,000.00 beautification $ 27,000.00 skylon reimbursement $ 61,000.00 HST $ 20,000.00 $ 1,550,000.00 Lundy's Lane BIA PROPOSED BUDGET FOR 2012 REVENUE INCOME Tax Levy from City Supplemental Taxes Taxes Written Off Net Tax Levy Transfers from Reserves Battlefireld Achway Benches, Street Signs (prey approved) Illumitated Street Fixtures Pole Painting (300 x $500) Street Signs - for intersections (large signs) Total Transfer from Reserves Interest Received TOTAL REVENUE EXPENSE $265,650.00 $0.00 $265,650.00 $50,000.00 $67,056.46 (owing from 2011 budget on signs $21,772.84) $99,000.00 $150,000.00 $25,000.00 $391,056.46 $2,000 00 $658,706.46 Marketing Advertising $10,000.00 Artwork & Design $12,500.00 Brochure Distribution $10,000.00 CAA /AAA Tour Books $10,800.00 Call Centre $2,000.00 Niagara Seasons Magazine $10,000.00 NFT Dining & Shopping Guide $3,000.00 Lundy's Lane Guide Book $18,000.00 Tods (Canadian) Signage - Ont.HWY $10,000.00 Web Site Development $20,000.00 Website Marketing $18,000.00 Event Sponsorship (WFOL) $30,000.00 Total Marketing $154,300.00 Beautification (BRAG) Banners - all seasons Hanging Baskets and Watering Street Fixtures - Illuminated Street - Landscaping Street - Signs Total Beautification (BRAG) $23,000.00 $40,000.00 $0.00 $20,000.00 $0.00 $83,000.00 Administration & General Expenses General Manager Wages $15.000.00 Audit Expense $3,200.00 Bank Charges & Interest $100.00 Bookkeeping $2,500.00 Legal Fees $5,000.00 Mail Box/Storage Rental $500.00 Meeting Expenses $2,000.00 Membership Dues $575.00 Miscellaneous Expenses $500.00 OBIA Annual Conference $0.00 OBIA Membership $225.00 Printing & Postage $100.00 Office Expense $400.00 Telephone $250.00 Total Administration $30,350.00 Reserve Fund Expenditures Benches, Street Signs (prey. approved) Battlefield Archway Illumitated Street Fixtures Pole Painting (300 x $500) Street Signs - for intersections (large signs) Total Reserve Fund Expenditures TOTAL EXPENSE NET INCOME $67,056.46 $50,000.00 $99,000.00 $150,000.00 $25,000.00 $391,056.46 $658,706.46 $0.00 used for local advertising used for website /banners /maps Lundy's Lane brochure N.F Tourisum Banner Red Bull(committed $10.000).. War of 1812. New Years Eve, Festival Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: July 24, 2012 & Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: CIBC Queen Street Request In consultation with City staff and the City's Disability Advisory Committee, the CIBC Bank is proposing improvements to accessibility improvements to their Queen Street branch. Although the branch has automatic door openers on their Queen Street entrance, there is a 6 inch curb making the entrance inaccessible to those in wheelchairs or other assistive devices. The CIBC is proposing a ramp at the entrance, however, to have an optimal slope for the ramp, they are required to put in handrails. The handrails would have to be attached to the exterior of the building. Due to the age of the property, the property line goes to the building face: therefore, the handrails would be a minor encroachment on City property. Staff recommends the minor encroachment for a variety of reasons: - minor encroachments have been tolerated on Queen Street, where the public portion goes to the building face (sandwich boards, awnings). - the minor encroachment will not impede traffic or sidewalk snow, ploughing. - improved accessibility, especially of older buildings, should be encouraged and is recommended in the City's Downtown Community Improvement Plan. RECOMMENDATION: Council approve the request for an encroachment of a minor nature. Working Together to Serve Our Community (7/19/2012) Dean lorfida - CIBC - Transit 0472 - Queen Street Niagara Falls - Accessibility Project From: To: CC: Date: Subject: Attachments: Stacey Cutting <Stacey.Cutting @bljc.com> Dean lorfida <diorfida @niagarafalls.ca> Amanda Edgeworth <Amanda.Edgeworth @ bljc.com> 7/9/2012 3:59 PM CIBC - Transit 0472 - Queen Street Niagara Falls - Accessibility Project AR00472p1_2012 Existing Ground.pdf; AR00472p1_2012 Proposed Ground.pdf Good Afternoon Dean, As per our discussion on Thursday, July 5th BLJC has been asked by CIBC to undertake an Accessibility Project at the Queen Street Branch. The purpose of the project is to improve access into the Branch for those clients who are physically challenged. We have prepared Feasibility Drawings for our project (attached) and would like you to review /provide comment to ensure that the plans are acceptable for all interested parties. We are open to any suggestions that you may have and are willing to make adjustments accordingly. We look forward to hearing from you. Many Regards, Stacey Cutting, PMP Project Manager Design & Project Delivery Services j Services de conception et de realisation de projet BLJC 1 Toronto Street, Suite 216 Toronto, Ontario M5C 2V6 647.213.1056 stacey. cutting@ bljc. com< mailto :camilla.johnson @bljc.com> 1 www.bljc.com <http: / /www.bljc.com /> Please consider the environment before printing this email - Help save our planet. Veuillez songer a l'environnement avant d'imprimer le present courriel - Aidez -nous a proteger notre planete. (This e -mail may be privileged and /or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e -mail or the information it contains by other than an intended recipient is unauthorized. If you received this e -mail in error, please advise me (by return e -mail or otherwise) immediately. Ce courriel est confidentiel et protege. L'expediteur ne renonce pas aux droits et obligations qui s'y rapportent. Toute diffusion, utilisation ou copie de ce message ou des renseignements qu'il contient par une personne autre que le(les) destinataire(s) designe(s) est interdite. Si vous recevez ce courriel par erreur, veuillez m'en aviser immediatement, par retour de courriel ou par un autre moyen.) 0 0 I 0 0 0 U Z < 0 Q m Q l0 cia ya >- 0 W < > V3 Ye 30IA213 11 0 0 0 K 0 U�J U m Q 0 0 d 0 0 0< O CO j cal 0 ABM LOBBY VESTIBULE m 0 0 a Notes R. Assum C y 'Q N d ea 13 C 0 L r .0 ac3 c R O 7 0 C 7 N N Y 'p Y .y Q w O cc al f0 d :a c N U C i y o C4,t U CO JO 'y° JO a R n 'O R • L m « x . 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To sit as a member of a City advisory committee. one has to have the same qualifications as if they are able to run for Council (resident or property owner or spouse, thereof, in the City of Niagara Falls). Having a criminal conviction does not preclude one from running from Council! Being incarcerated, would prevent one from being able to run for Council, if incarcerated on voting day. Although Ms. Tossounian has not been sentenced. staff feel that it is in the public interest, based on her conviction. to remove her from the committee. It should be noted that the Fence Viewers Committee only meets sporadically. based on applications that fit the narrow requirements under the legislation. Specifically, a fence viewing only occurs with regard to a dispute has to do with construction or maintenance of the fence, where the location of the fence is on the boundary line of two properties and that boundary line is not in dispute. Disputes on fence location or boundary disputes are not within the jurisdiction of the fence viewers. As a result, there have been about a half a dozen fence viewings since the writer became Clerk (2001). The last veiwing was in 2007 and there are no current applications for viewing. Based on the legislation, the City has to have at least three (3) fence viewers, therefore. the position can not be left vacant. Council has the following options: - Appoint the runner up, Tony Caruso. Staff has no issue with this. - Solicit other interested applicants. Staff would do this through the City's website, especially given the fact that the successful applicant may never actually sit as a fence viewer. Staff would not expend money on printed advertisements for a committee that rarely meets. Also, this may seem unnecessary given there is a runner -up. -There is provision under the Municipal Act, for a municipality to opt out of the Line Fences Act. As the legislation was enacted more to deal with farmer fencing issues and issues related to the rail lines. As a result. many urban municipalities have opted out. RECOMMENDATION: Council provide direction. Working Together to Serve Our Community +.1 uP--- (7/19/2012) Dean lorfida - Fwd: Re: NFSC's 50th AC Douglas Tournament Page 1 From: Dean Iorfida To: Subject: Fwd: Re: NFSC's 50th AC Douglas Tournament »> NFSC Titans <nfscoffice ©gmail.com> 7/19/2012 12:27 PM »> Good Afternoon Dean, As you may be aware, we are having our 50th Anniversary AC Douglas Tournament. We are planning a huge celebration of this momentous event by hosting an Opening Ceremony on Friday August 3rd, 2012 with all the teams that have entered, complete with entertainment and a BBQ. We just wanted to know how to go about or that we may have your permission to surpass the by -law time for Neighbourhood Noise in the event that the celebrations pass the hour of 9:OOpm. We are requesting clearance up to 11:OOpm just to allow us the space and time in case it is required. We will be inviting and notifying all the surrounding neighbourhoods with a flyer to ensure that they are all aware that this is a one time occasion and they are all more than welcome to come participate in the festivities. We are looking forward to this and we hope that you will come join us with your family as they are just as much a part of this great moment in NFSC history as well!! Thank you, Niagara Falls Soccer Club Paul Lepiane (905)321 -5109 Niagara Falls Soccer Club Administration 905 374 4040 www. nfsc.ca Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: July 24, 2012 & Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Community Infrastructure Improvement Fund (CIF) The Federal government recently announced the Community Infrastructure Improvement Fund (CIF), a funding program to help rehabilitate, improve and expand existing community infrastructure. As with similar programs in the past, there is a short window between announcement and submission. In light of the fact, there is no Council meeting prior to the deadline, staff recently reviewed the program and is proposing four (4) projects for submission. Staff is also recommending that Council petition the Region to put forward the Thorold Stone Road extension. Applications for CIF funding require a municipal resolution. RECOMMENDATION: Council approve the resolutions under the Resolution section of the agenda. Working Together to Serve Our Community • CANADA'S ECONOMIC ACTION PLAN ° PLAN D'ACTION ECONCMIOUE DU CANADA • JOBS • GROWTH • PROSPERITY 1 EMPLOIS • CROISSANCE • PROSPERITE COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND (CIIF) PROGRAM GUIDELINES BACKGROUND The Government of Canada is committed to strengthening public infrastructure. Economic Action Plan 2012 announced $150 million nationally over two years for a new Community Infrastructure Improvement Fund (CIIF). The new Fund will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities. This will improve the quality of community facilities and provide economic benefits, including support for job creation, in communities across Canada. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) is delivering this program in Ontario. FedNor, the Federal Economic Development Initiative for Northern Ontario, will provide support to FedDev Ontario by promoting and launching the fund in Northern Ontario. The CIIF allocation for Ontario is $49.6 million over two years. ELIGIBILITY I. Eligible Recipients Eligible recipients under the CIIF include: • a local or regional government established by or under provincial statute; • a First Nation government, including a Band or Tribal Council or its agent (including its wholly -owned corporation); • a not - for - profit entity; • a provincial entity that provides municipal -type services to communities, as defined by provincial statute; and • a public- sector body that is wholly owned by a local or regional government (as above). 1I. Eligible Projects CIIF funding is for the rehabilitation or improvement, including expansion, of existing community infrastructure that is non - commercial in nature. Expansions such as adding ramps to improve accessibility to a facility, adding a roof to an Canada outdoor rink or extending a trail or bike path are all eligible activities. Ineligible expansion activities are those that would result in new infrastructure or a significant increase (i.e. 50 per cent or more in square footage) in the footprint of the facility. Construction of new infrastructure is ineligible. The facility needs to be open for use to the public and not limited to a private membership. Eligible projects must: • fall under an eligible category and be proposed by an eligible recipient; • be for the rehabilitation or improvement, including expansion, of existing community infrastructure assets; • leverage a minimum of 50 per cent of funding from other sources. Priority may be given to projects that leverage 66.6 per cent or more; and • be substantially completed by March 31, 2014. For the purposes of the CIIF, "substantially completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. Projects must fall within the following project categories to be eligible for funding under the CIIF: • community centres • cultural centres • parks, recreational trails such as fitness trails, bike paths and other types of trails • libraries • recreational facilities including local arenas, gymnasia, swimming pools, sports fields, tennis, basketball, volleyball or other sport- specific courts, golf courses, ski hills or other types of recreational facilities • tourism facilities • docks • other existing community infrastructure assets that have a local community impact, such as local roads, drinking water treatment and distribution systems, connectivity and broadband, local airports, solid waste management and waste -water infrastructure. 2 Priority will be given to projects that can demonstrate anticipated economic benefits to their community, including the potential for job creation, and the use of new technologies and innovation. III. Eligible Project Costs Eligible costs are costs considered to be direct and necessary for the successful implementation of an eligible project, excluding those explicitly identified in Ineligible Costs, that are paid by an eligible recipient, and that are paid under a contract for goods or services. All eligible costs outlined below can only be reimbursed to the recipient following the signing of a contribution agreement. Costs must first be incurred and paid by the recipient, and will then be reimbursed by Canada at the prescribed percentage of federal contribution. Eligible costs for support under the CIIF are as follows: • costs that are incurred between April 1, 2012 and March 31, 2014; • costs to rehabilitate or improve fixed capital assets of community infrastructure, including expansions; • fees paid to professionals, technical personnel, consultants and contractors specifically engaged for the purpose of the rehabilitation or expansion project; • costs of environmental assessments, monitoring and follow -up programs as required by the Canadian Environmental Assessment Act (CEAA) or equivalent legislation; • costs of any public announcement and official ceremony or of any temporary or permanent signage that includes the cost of creation and posting of signage; • other costs that are considered to be direct and necessary for the successful implementation of the project and that are approved in advance; and • Employee And Other Incremental Costs The incremental costs of the recipient's employees or its direct costs may be included in eligible costs under the following conditions. o the recipient is a local, regional or First Nation government; o the recipient confirms and substantiates that it is not economically feasible to tender a contract; o employees or equipment are employed directly in respect of the work that would have been the subject of the contract; and o the costs were approved in advance and are included in the contribution agreement. 3 IV. Ineligible Project Costs Costs related to the following items are not eligible costs under the CIIF: • project costs incurred before April 1, 2012 or after March 31, 2014; • moveable equipment, including motorized vehicles, furniture and sports equipment; • services or work that is normally provided by the recipient or a related party; • salaries and other employment benefits of any employees of the recipient except as indicated under Employee And Other Incremental Costs above; • a recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the recipient's staff; • the cost of feasibility and planning studies; • taxes, such as GST and HST, for which the recipient is eligible for a tax rebate and all other costs eligible for rebates; • the cost of land or any interest therein, and related costs; • cost of leasing of equipment by the recipient except for as indicated in eligible costs, above; • legal fees; • routine maintenance costs; and, • project administration costs that involve the salaries and benefits of existing staff and general administration costs unrelated to project implementation. FUNDING Under CIIF, eligible recipients may receive a non - repayable contribution of up to 50 per cent of eligible costs of an infrastructure project, with recipients providing the remaining balance. However, priority may be given to those projects that require a CIIF contribution of only 33.3 per cent. Eligible recipients may receive contributions of up to a maximum of $1,000,000. The total funding from all federal sources will not exceed 50 per cent of total eligible project costs. All projects are required to begin and substantially complete construction prior to March 31, 2014. Should this condition of funding not be met, Canada shall have the right to cancel funding in whole or in part, and further, Canada shall have the 4 right to be repaid any funding advanced, in whole or in part, for any project that is not completed by the end of the program. APPLICATION PROCESS Project applications and supporting documentation must be submitted or postmarked no later than 5:00 p.m. EDT on August 24, 2012. Applicants may submit multiple applications but must priority rank their projects on their application forms. A separate application must be submitted for each project. To apply to the CIIF, applicants must: 1. Review these Program Guidelines and the Apolication Guide, to ensure your organization is an eligible recipient and your proposed activities and objectives fit within the CIIF's objectives and criteria. 2. Complete the Community Infrastructure Improvement Fund Application crm. 3. Attach all supporting documents as outlined in the Application Guide. A complete application package must be submitted in order for FedDev Ontario to review your application. 4. Submit the package for consideration online. Alternatively, application packages from southern Ontario may also be sent by: Email: ar :o Mail: Attention: Community Infrastructure Improvement Fund Federal Economic Development Agency for Southern Ontario 151 Yonge Street, 4th Floor Toronto, ON M5C 2W7 Fax: 416- 973 -6505 And, application packages from northern Ontario may also be sent by: Email: 5 F e d li ?I gc. ,a Mail: Attention: Community Infrastructure Improvement Fund FedNor 19 Lisgar Street, Suite 307 Sudbury, Ontario, P3E 3L4 Fax: 705 - 671 -0717 OTHER REQUIREMENTS Endorsement Project applications must be duly authorized or endorsed by a resolution of Council / Band or Tribal Council / Board of Directors, as applicable. The resolution must be submitted at the time of the application. Additional documentation will be required from not - for - profit entities. See for more information. All funded projects will also require a resolution to enter into a contribution agreement. Ownership of Asset If at any time within six (6) years from the date of completion of the project, the recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with the financial assistance contributed under the terms of the CIIF, the recipient must repay the federal government, on demand, a proportionate amount of the financial assistance, as follows: Where Project asset is sold, leased, encumbered or disposed of: Repayment of contribution (in current dollars) Within 2 Years after Project completion 100% Between 2 and 6 Years after Project completion 55% 6 Years after Project completion 0% 6 If an applicant does not own the asset for which CIIF funding is requested, the applicant must complete an Applicant Declaration and Landlord Authorization form at the time of application. Environmental Assessment Projects receiving federal funding may require federal environmental assessment requirements to be met, including the Canadian Environmental Assessment Act. The information requested in the project application will help to determine whether an assessment is required. Eligible costs cannot be reimbursed until this review has been completed. Reporting All recipients of funding for a project, funded under the CIIF, will be required to submit progress reports until project completion. The progress report should detail progress on the implementation of the project, and amounts received from Canada through the agreement, amounts expended on approved projects, and an overall update on the project status. Further information on the details of this reporting will be provided to approved recipients in their contribution agreements. APPLICATION REVIEW FedDev Ontario will review all applications following the application deadline. Applicants will be notified when their projects are approved. It is the intention of FedDev Ontario to have contribution agreements put in place quickly and efficiently so that available funds can flow to projects as soon as possible. The contribution agreements are also an important part of the accountability framework for the investments made under the CIIF. In addition to meeting the eligibility requirements described above, priority will be given to projects that can demonstrate anticipated economic benefits to their community, including the potential for job creation, and the use of new technologies. All eligible recipients will be required to provide a description of the project benefits, which may inform the evaluation and selection of projects under the CIIF. Projects will be assessed on the eligibility requirements and priority areas described above, as well as the following selection criteria. Project Readiness: All eligible recipients will be required to provide information 7 necessary to determine if the project is construction -ready and likely to be substantially completed by March 31, 2014. Incrementality: All eligible recipients will be required to attest, in conjunction with their project application, that the work to be undertaken is an incremental construction activity that would not otherwise have been constructed by March 31, 2014, were it not for funding from the CIIF. Federal funding could be used to provide sufficient funding to allow a project to proceed that would not otherwise be built, or could be used to accelerate a project planned for future years so that it can be completed by March 31, 2014. Extent to which Other Funding is Leveraged: The ability for a given project to leverage 66.6 per cent of project funding from other sources may be considered when making project decisions. Technology and Innovation: All eligible recipients will be assessed on the use of innovative technologies, new techniques, processes or materials used in the project. Partnerships: All eligible recipients will be assessed on the extent to which community -based partnerships have been formed for the use of the facility. PROGRAM CONTACT INFORMATION Community Infrastructure Improvement Fund Federal Economic Development Agency for Southern Ontario 151 Yonge Street, 4th Floor Toronto, Ontario M5C 2W7 Tel: 1- 866 - 593 -5505 Fax: 416- 973 -6505 Email: infrastructure @feddevontario.gc.ca TTY: 1- 800 - 457 -8466 8 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government ofCanada, through the Economic Action Plan 2012, has announced $150 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF): and WHEREAS the CIF will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities; and WHEREAS the Battlefield Redevelopment Project (the "Project ") envisions preservation of the former War of 1812 battle site, expansion of the park land, improved walking trails and interpretive signage and an opportunity for expansion of a nearby commercial business: and WHEREAS the Project will provide greater passive park amenities and the continued preservation of a historical site and WHEREAS projects must be endorsed by a resolution by the submitting municipal council. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Battlefield Redevelopment Project for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES NI. DIODATI CITY CLERK MAYOR CITY OF _ CANADA N,A_ GARA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government of Canada. through the Economic Action Plan 2012, has announced S 1 50 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF): and WHEREAS the CIF will support the rehabilitation and improvement, including expansion. ofexisting community infrastructure facilities such as community centres, recreational buildings, local arenas. cultural facilities and other community facilities; and WHEREAS the Millennium Trail Section Three (the "Project-) envisions the extension of the northern most section of the city's major walking trail, connectivity to the Niagara Parks Commission trail system and a partnership opportunity as part of the Niagara Falls Lions Club Legacy Project; and WHEREAS the Project will provide increased trail opportunities for the community and associated trail amenities; and WHEREAS projects must be endorsed by a resolution by the submitting municipal council. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Millennium Trail Section Three for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Of • CANADA NIAGARA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government of Canada, through the Economic Action Plan 2012. has announced S 1 50 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF); and WHEREAS the CIF will support the rehabilitation and improvement. including expansion, of existing community infrastructure facilities such as community centres, recreational buildings. local arenas. cultural facilities and other community facilities; and WHEREAS the Prince Charles Park and Pool Redevelopment Project (the "Project") envisions a half a million project that will see park improvements to include a play area replacement. a conversion of a wading pool to a splash pad, pathway upgrades, a new pool liner and a roof for the main building; and WHEREAS the Project will provide a much needed upgrade to recreational facilities for the local community; and WHEREAS projects must be endorsed by a resolution by the submitting municipal council. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Prince Charles Park and Pool Redevelopment Project for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government of Canada. through the Economic Action Plan 2012, has announced $150 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF); and WHEREAS the CIF will support the rehabilitation and improvement, including expansion, ofexisting community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities; and WHEREAS the reconstruction and road widening of McLeod Road between Pin Oak Drive and Kalar Road (the "Project') is a $2 million project that envisions improvement to an existing Local road that connects a commercial node to a residential node in the community; and WHEREAS the Project will create jobs, provide improved traffic flow, eliminate a safety hazard, and spur residential development; and WHEREAS projects must be endorsed by a resolution by the submitting municipal council. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Reconstruction and Road Widening of McLeod Road for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government of Canada, through the Economic Action Plan 2012. has announced $150 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF); and WHEREAS the CIF will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas. cultural facilities and other community facilities; and WHEREAS the Thorold Stone Road extension is a project that has long been desired by Niagara Falis City Council; and WHEREAS the Thorold Stone Road extension will allow greater access to the City's four -pad arena complex, the Gale Centre, and the potential for future economic development along the road; and WHEREAS the road authority for Thorold Stone Road is the Regional Municipality of Niagara. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falis request that the Regional Municipality of Niagara submit the Thorold Stone Road extension for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES NI. DIODATI CITY CLERK MAYOR Niagara,Falls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2012 -08 Adult Entertainment Hearings, June 26th CD- 2012 -08 July 24, 2012 RECOMMENDATION That based on the recommendation of the Adult Entertainment Appeals Committee, the decision of the Issuer of Licences in the revocation of a licence be upheld; and That based on the recommendation of the Adult Entertainment Appeals Committee, the Issuer of Licences be directed to issue a conditional licence in the appeal related to the refusal of issuance of a licence. EXECUTIVE SUMMARY Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By -law, a committee of Council has the authority to hear appeals and make recommendations to Council. Two appeals were heard on June 26, 2012 at City Hall. One appeal was as a result of the revocation (Revocation hearing) of a licence of an entertainer and the other appeal was the result of the refusal by the Issuer of Licences from the Police Services Board to issue a licence because of criminal convictions (Refusal hearing). The hearings followed the provisions of the Live Adult Businesses By -law. Upon conclusion of the evidence, the committee made decisions on the two matters and their recommendations are contained in the recommendation report for Council's approval. BACKGROUND City By -law 2002 -197 (the "By- law "), is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197 if an applicant is refused a licence or has their licence suspended, they may appeal the decision of the Issuer of Licences. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, July 26, 2012 be presented to Council. - 2 - CD- 2012 -08 This report is a result of two appeals heard on June 26, 2012 at 3:30 p.m. in Committee Room #1, City Hall arising out of the revocation of an adult entertainer's license by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. ANALYSIS /RATIONALE Revocation Hearing The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licence of an adult entertainer. The entertainer had been before the Committee previously when she had been charged with an assault. Because the charges were still outstanding and a conviction had not been registered, the Committee recommended, and Council approved, the reinstatement of the licence. Although the original assault charges lead to a conditional discharge, the entertainer has subsequently been charged again for an assault. Although the first assault charges could be characterized as arising out of a familial scenario, the recent charges arose out of an incident at the club the entertainer was employed at. Unlike the first appeal hearing, the entertainer did not appear and indicated to the Issuer of Licences that she had no intention of appealing or continuing with her licence. The Issuer of Licences recommended the revocation of licences under the following grounds under the By -law: 19(2) (g): the pastor present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; The decision by the Issuer of Licences to recommend revocation without a formal conviction was based on section 22 of the by -law: 22. In deciding whether to grant, refuse, revoke or suspend a licence, or allow a licence to continue subject to conditions, the Council may receive relevant evidence of and act upon, the fact that one or more persons have been convicted of an offence, but may also consider and act upon evidence of conduct, whether ornot prohibited by this By -law or any other law, or which could be the subject matter of a charge under this By -law or any other law, whether or not any charge or conviction may have resulted or may in the future result, from such conduct. Based on the fact that the appellant has shown a pattern of assault, the incident took place at an adult entertainment establishment and that she was a no -show for the hearing, the Committee recommendations that the recommendation of the Issuer of Licences to revoke the licence be upheld. Based on the Committee's recommendation, Council can uphold the revocation of the licences as per section 15(6)(d) of the By -law. July 26, 2012 Refusal Hearing - 3 - CD- 2012 -08 The Issuer of Licences refused the issuance of a licence related to an application for a licence for an entertainer who had a criminal conviction. The entertainer's conviction was related to a 2006 incident, which involved robbery with violence and assault with a weapon. The entertainer was not the only party to the convictions. Also, in 2010, the entertainer returned to prison for a parole violation. The entertainer has not had any subsequent charges or convictions. The Issuer of Licences may refuse to issue a licence under s. 15(1)(e) of the by -law, if the Issuer reasonably feels that the applicant may not be entitled to the issuance of a licence on grounds referred to in this By -law. In this case, the Issuer relied on the grounds 19(1)(g) that in the interest of public safety the licence should be refused. The Committee heard from the appellant, who indicated that she was making every effort to turn her life around and avoid bad associations. In light of her need to support her children and difficulty to find employment based on her past criminal conviction, this was the only line of work reasonably available to her. The Committee felt the appellant was sincere in her efforts to turn over a new leaf and empathized with her difficulty in securing alternative employment. As a result, the Committee recommends that she be issued a conditional /probationary licence for six months. If she is to be charged with a criminal offense during the six months, the licence will automatically be revoked. If during the six months, she has no incidents, the licence can be renewed be the Issuer of Licences for the remaining six months (Licences are traditionally for one - year). Based on the Committee's recommendation, Council can direct the issuance of a licence with conditions based on sections 15(6)(b), 20 and 25(1) of the By -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By- Iawi(2002 -197, as amended). Recommended by: Respectfully submitted: DI an lorfida,/City Clerk Ken Todd, Chief Administrative Officer F- 2012 -31 NiagaraFalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -31 2011 Development Charges RECOMMENDATION That Council receive and file the attached financial summaries regarding Development Charges for the 2011 fiscal year. EXECUTIVE SUMMARY Finance staff provides Council with annual reports on financial transactions during a fiscal period that complement the annual Financial Statements. This report is a requirement of the Development Charges Act. The report provides a statement outlining the receipts and uses of a l l development charges collected under the authority of Part I I of the Development Charges Act, 1997. During 2011, the City had a net increase of approximately $2.3 million. It is important to note the funds are collected for expenditures identified in the development charge by -law which was approved in 2009. BACKGROUND The City is required by the Development Charges Act to provide Council an annual summary of activity. The required content for this financial reporting is as follows: Balance as of January 1 • The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable • These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded • The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. • The total refunded amount is to be credited to the specific service to which the original charges had been applied. July 24, 2012 - 2 - F- 2012 -31 Accrued Interest • The total interest earned on all reserve fund investments will be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund • The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. • The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services • Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End • The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. Historical Trend of Development Charges The amount in the reserve funds at a point in time is a product of amounts collected, amounts used to fund capital projects and interest earned in the reserves. Ultimately, the purpose of development charges by -law is to collect adequate amounts that can be used to fund growth related projects. The chart below summarizes the historical year end balances. History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2006 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 $11,955,424 2008 $2,931,001 (4,496,182) $661,515 $11,051,758 2009 $1,629,288 (4,328,877) $368,114 $ 8,720,284 2010 $4,704,720 (3,362,456) $205,093 $10,267,642 2011 $3,265,343 (1,227,617) $271,608 $12,576,976 July 24, 2012 - 3 - F- 2012 -31 FINANCIAL /STAFFING /LEGAL IMPLICATIONS As this shows, development charges received in 2011 were lower than the previous year but exceeded the previous three. The amounts used for the funding of DC eligible projects during 2011 was less than previous year because at the end of 2011, there were 17 DC eligible projects. However, not all of these were funded since DC funding is made to capital projects upon completion. This allows the funds to remain in the reserve fund to maximize interest earning. It also allows for all expenses and revenues to be recorded in the capital project so the correct allocation of DC's can be calculated. Interest income was slightly more than the previous year. It is important to recall that while development charges reserves in aggregate totaled $12,576,976 as at December 31, 2011, individual reserves are held for specific expenditures, such as fire, roads, water, sewers, etc. in the future. The year end balance of $12,576,976 can be broken down as shown in the attached Development Charges Financial Statement. The attached summary illustrates the available amounts for each service area. It should be noted that these reserves are designated to be used in the areas that these pertain to and have been collected based on the current Development Charges Study. A summary of the financial statement follows: Balance as at January 1, 2011 $10,267,642 Received Development Charges 3,265,343 Refunded Development Charges 0 Interest Earned 271,608 Transfer to Capital Projects 67,770 Transfer to Operating 1,159,847 Balance as at December 31, 2011 $ 12,576,976 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $67,770 Ontario Grant 535,203 Operating /Utility Revenue Fund 608,052 Reserve Funds 0 Gas Tax Reserve Fund 25,000 Capital Reserve Accounts (5,480) Debenture 32,812,500 Outside Billings 359,010 Interest Revenue 9,982 Special Purpose Reserves 0 Total Funding $34,492,037 It should be noted that the 2009 Development Charges by -law identifies uses for the monies held in the various reserves. Thus, the future projects are dependent upon the continued collection of development charges to ensure funding for committed projects and to maintain adequate balances. At present, a review is being conducted of the City's development charges collection policies and procedures for Council's consideration. July 24, 2012 LIST OF ATTACHMENTS - 4 - F- 2012 -31 Development Charges Financial Statement for the period January 1 to December 31, 2011 Recommended by: Respectfully submitted: Todd Harrison, Dirdctor pf Finance Ken To Chief Administrative Officer F- 2012 -31 CITY OF NIAGARA FALLS DEVELOPMENT CHARGES FINANCIAL STATEMENT FOR THE PERIOD JAN 1 TO DEC. 31, 2011 Add Subtract: Add Subtract: Subtract Allocation: DEVELOPMENT CHARGES RESERVE FUND Opening Received Refunded Interest Transfers Transfers Transfers Closing Sub - Account Purpose/Service Balance Development Development Earned To Capital To Between Balance Jan1 /11 Charges Charges Projects Operating Services Dec 31/11 GENERAL SERVICES - INELIGIBLE (s.s.2.4; s.s.5.3) Government 71,257 Municipal Works 164,886 General Services Total 236,143 0 0 0 0 794 0 (38,500) 0 33,551 0 2,043 0 0 0 166,929 0 2,837 0 (38,500) 0 200,480 CITY WIDE SERVICES Administration (General Gov't) 322,979 35,949 0 8,092 0 0 0 367,020 Roads 2,290,700 235,389 0 51,111 0 0 0 2,577,200 Transit 469,615 38,834 0 17,141 0 0 0 525,590 Parks & Recreation 689,347 215,369 0 17,709 (66,412) 0 0 856,013 Library 652,037 26,737 0 21,712 0 0 0 700,486 City Wide Services Total 4,424,678 552,277 0 115,766 (66,412) 0 0 5,026,310 URBAN SERVICES OTC Water 569,161 590,710 0 12,912 0 (206,094) 0 966,689 Sanitary Sewerage 1,086,947 776,880 0 23,802 0 (331,655) 0 1,555,974 Storm Water Managment 1,752,494 1,345,289 0 38,603 0 (551,079) 0 2,585,307 Fire 1,190,503 0 0 44,162 (801) 0 0 1,233,864 Urban Services OTC Total 4,599,104 2,712,879 0 119,479 (801) (1,088,828) 0 6,341,833 TOURIST CORE SERVICES Water 8,331 9 0 132 0 (1,496) 0 6,976 Sanitary Sewerage 17,206 18 0 272 0 (3,089) 0 14,407 Storm Water Managment 155,580 161 0 2,462 0 (27,934) 0 130,269 Fire 826,599 0 0 30,660 -557 0 0 856,701 Tourist Core Services Total 1,007,716 187 0 33,526 (557) (32,519) 0 1,008,353 SUBTOTAL RESERVE FUNDS GRAND TOTAL 10,031,499 3,265,343 0 268,771 (67,770) (1,121,347) 0 12,376,496 10,267,642 3,265,343 0 271,608 (67,770) (1,159,847) 0 12,576,976 H: \Committee )2012 Committee F-2012-31 Attachment.xls 6/6/2012 2:33 PM F- 2012 -36 Niagaraaalls July 24, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2012 -36 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $20,363,183.93 for the period June 7, 2012 to July 4, 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: nce Ken Todd; Chief Administrative Officer Page 1 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1049474 ONTARIO INC 1057636 ONTARIO LTD 1108846 ONTARIO LIMITED 1149948 ONTARIO LTD 1238838 ONTARIO LIMITED 1322874 ONTARIO LIMITED 1372744 ONTARIO LTD 151702 CANADA INC 1568329 ONTARIO INC 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATH 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1594268 ONTARIO LTD 1671318 ONTARIO LTD 1686541 ONTARIO INC 1692695 ONTARIO LTD 180 MARKETING 1823810 ONTARIO INC 2012278 ONTARIO INC 2030688 ONTARIO LTD 2030688 ONTARIO LTD 2063779 ONTARIO INC 2088937 ONTARIO INC 2094928 ONTARIO LIMITED 2095527 ONTARIO LTD 2131595 ONTARIO INC 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2249419 ONTARIO INC 2249510 ONTARIO INC 374685 ONTARIO LIMITED 488745 ONTARIO LIMITED 4B RANCH PRODUCTIONS 5175 VICTORIA HOLDINGS INC 547554 ONTARIO LIMITED 550857 ONTARIO LTD 550857 ONTARIO LTD 581858 ONTARIO LTD 603755 ONTARIO INC 705336 ONTARIO LIMITED 800460 ONTARIO LTD. O/A FRUITBELT DEVELOPMENT 820089 ONTARIO LIMITED 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING A & T ROBERTO LTD A J STONE COMPANY LTD A J STONE COMPANY LTD Al ASPHALT MAINTENANCE ACAPULCO POOLS ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ADAMTAU,DONNA & TIIU ADEWUMI,AYO ADSHEAD, DON ADVANCE TOWING ADVANCE TOWING AECOM CANADA LTD AGO INDUSTRIES INC. AINSLIE,FRANCIS AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL GREEN IRRIGATION ALL PRO RENTALS ALL PRO RENTALS ALLEN'S LANDSCAPE SUPPLY DEPOT INC 355411 13- Jun -2012 355765 27- Jun -2012 355766 27- Jun -2012 355767 27- Jun -2012 355768 27- Jun -2012 355769 27- Jun -2012 355770 27- Jun -2012 355771 27- Jun -2012 355772 27- Jun -2012 355565 20- Jun -2012 355773 27- Jun -2012 355774 27- Jun -2012 355775 27- Jun -2012 355776 27- Jun -2012 355777 27- Jun -2012 355566 20- Jun -2012 355778 27- Jun -2012 355779 27- Jun -2012 355412 13- Jun -2012 355780 27- Jun -2012 355413 13- Jun -2012 355781 27 -Jun -2012 355782 27- Jun -2012 355783 27- Jun -2012 355784 27- Jun -2012 355414 13- Jun -2012 355785 27- Jun -2012 355786 27- Jun -2012 355787 27- Jun -2012 355788 27- Jun -2012 355789 27- Jun -2012 356044 27- Jun -2012 355790 27- Jun -2012 355791 27- Jun -2012 355792 27- Jun -2012 355793 27- Jun -2012 355794 27- Jun -2012 355795 27- Jun -2012 355796 27- Jun -2012 355415 13- Jun -2012 355797 27- Jun -2012 355798 27- Jun -2012 355567 20- Jun -2012 355814 27- Jun -2012 355419 13- Jun -2012 355571 20- Jun -2012 355799 27- Jun -2012 355800 27- Jun -2012 355801 27- Jun -2012 356143 04 -Jul -2012 356144 04 -Jul -2012 355568 20- Jun -2012 355802 27- Jun -2012 355569 20- Jun -2012 355803 27- Jun -2012 355416 13- Jun -2012 355417 13- Jun -2012 355804 27- Jun -2012 355418 13 -Jun -2012 355805 27- Jun -2012 355572 20- Jun -2012 355420 13- Jun -2012 355421 13- Jun -2012 355573 20- Jun -2012 355574 20- Jun -2012 355575 20- Jun -2012 355576 20- Jun -2012 355806 27- Jun -2012 356145 04 -Jul -2012 356147 04 -Jul -2012 355424 13- Jun -2012 355578 20- Jun -2012 355422 13- Jun -2012 REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND SERVICES MAINTENANCE /REPAIRS REFUND REFUND REFUND REFUND WEB HOSTING REFUND REFUND LEASES AND RENTS LEASES AND RENTS REFUND REFUND REFUND MATERIALS REFUND SERVICES MAINTENANCE /REPAIRS REFUND REFUND REFUND REFUND CANADA DAY ENTERTAINMENT REFUND REFUND REFUND REFUND REFUND REFUND REFUND ASPHALT OVERLAY PROGRAM REFUND MAINTENANCE /REPAIRS CONTRACT SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND TAX OVERPYMT TRAVEUMILEAGE REFUND SERVICES SERVICES CONSULTING SERVICES MATERIALS REFUND SERVICES MATERIALS TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS 4,673.73 2,051.29 2,086.74 71,296.45 3,405.88 874.29 530.03 3,775.21 6,374.60 150.59 251.49 3,075.70 781.38 1,525.68 125.69 343.52 807.00 3,595.87 485.90 3,502.86 3,385.38 2,869.79 469.65 1,130.00 2,919.47 151.53 151.53 129, 672.62 46,128.36 1,577.34 1,453.18 2,938.00 3,916.61 4,343.34 127.53 408.41 1,041.30 1,699.56 1,845.25 90,400.00 310.74 1,443.97 99,612.45 644.49 3,188.86 291.54 165, 952.06 5,650.00 282.22 308.96 223.46 95.68 20.00 395.50 197.75 22,769.50 656.54 471.68 1,777.51 4,741.48 126.36 7,648.22 4,263.49 78,379.62 85,693.43 48,291.13 90.40 18.08 1,600.93 101.70 490.42 463.30 546.92 Page 2 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALSOP,TINA ALTEC INDUSTRIES LTD AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANTHONY'S EXCAVATING CENTRAL INC ANTHONY'S EXCAVATING CENTRAL INC APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC APRONS 'N MORE INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARDEL INVESTMENTS LIMITED ARGES TRAINING & CONSULTING ARIVA ARIVA ARTISTA DESIGN & PRINT INC ASSOCIATED ENGINEERING (ONT) LTD B & A RENTAL PROPERTIES B & C TRUCK CENTRE B & C TRUCK CENTRE B & C TRUCK CENTRE BAIN PRINTING LIMITED BAIN PRINTING LIMITED BANNERMAN,MAJA BARRAGAN,ARMANDO BARRANCA,MARY BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BENNETT,CATHARINE BERNARDI HUMAN RESOURCE LAW BERNAT,CLARK BETTER SHADE BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIDDLE CONSULTING BIGGARS KEY SHOP BIGGARS KEY SHOP BIRD,LUCETTE BOBOROS,TERRY BORDEN LADNER GERVAIS BOX RUN BOX RUN BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRAND BLVD INC BRAND BLVD INC BRANDING COMPANY THE BREAK A WAY CONCESSIONS BRIANT,ROBERT BRINKS CANADA LTD BROCK FORD LINCOLN BRODART CO. BRODERICK & PARTNERS BROOK MCILROY INC BURKE,GARY BURKE GROUP - THE BURSE,PAMELA Cheque No. Cheque Date 355577 20- Jun -2012 355807 27- Jun -2012 356146 04 -Jul -2012 355423 13- Jun -2012 355579 20- Jun -2012 355580 20- Jun -2012 355581 20- Jun -2012 356148 04 -Jul -2012 355808 27 -Jun -2012 355582 20- Jun -2012 356149 04 -Jul -2012 355425 13- Jun -2012 355809 27- Jun -2012 356150 04 -Jul -2012 355583 20- Jun -2012 355811 27- Jun -2012 355810 27- Jun -2012 355812 27- Jun -2012 355426 13- Jun -2012 355813 27- Jun -2012 356151 04 -Jul -2012 356152 04 -Jul -2012 355585 20- Jun -2012 355428 13- Jun -2012 355589 20- Jun -2012 355817 27- Jun -2012 356153 04 -Jul -2012 355427 13- Jun -2012 355586 20- Jun -2012 355587 20- Jun -2012 355429 13- Jun -2012 355815 27- Jun -2012 355588 20- Jun -2012 355816 27- Jun -2012 356154 04 -Jul -2012 355431 13- Jun -2012 355590 20- Jun -2012 355591 20- Jun -2012 355819 27- Jun -2012 355820 27- Jun -2012 355821 27- Jun -2012 356155 04 -Jul -2012 355430 13- Jun -2012 355822 27- Jun -2012 355823 27 -Jun -2012 356156 04 -Jul -2012 356157 04 -Jul -2012 355432 13- Jun -2012 355592 20- Jun -2012 355824 27- Jun -2012 356158 04 -Jul -2012 US DRAFT 15- Jun -2012 355593 20- Jun -2012 355825 27- Jun -2012 355826 27- Jun -2012 355827 27- Jun -2012 355828 27- Jun -2012 355433 13- Jun -2012 355595 20- Jun -2012 355830 27- Jun -2012 355596 20- Jun -2012 355831 27- Jun -2012 356160 04 -Jul -2012 356161 04 -Jul -2012 355597 20- Jun -2012 355832 27- Jun -2012 355833 27- Jun -2012 355834 27- Jun -2012 355835 27- Jun -2012 355836 27- Jun -2012 355837 27- Jun -2012 355839 27- Jun -2012 355838 27- Jun -2012 355840 27- Jun -2012 Purpose MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEL /MILEAGE MATERIALS MATERIALS CONSULTING SERVICES SERVICES MATERIALS VEH ID# 571,572,536 VEH ID# 5,26,516 VEH ID# 103 REFUND TRAINING MATERIALS MATERIALS MATERIALS SERVICES REFUND VEH ID# 533 MATERIALS VEH ID# 535 MATERIALS MATERIALS TRAVEUMILEAGE TRAVEL/MILEAGE REFUND MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES REFUND SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SOFTWARE MAINTENANCE MATERIALS MATERIALS MATERIALS MATERIALS SERVICES DONATION MATERIALS GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MAINTENANCE /REPAIRS MATERIALS CONTRACT SERVICES SERVICES TRAVEL /MILEAGE SERVICES MATERIALS Amount 370.64 39.55 54.24 1,005.00 100.00 683.65 2,227.75 2,194.25 23.40 8,729.25 6,271.50 12,620.30 12,937.94 571.29 163.53 2,500.92 2,972.63 2,427.74 5,853.40 874.25 640.63 819.25 8,463.14 1,075.78 1,422.87 832.67 609.12 271.20 2,203.50 55.22 148.20 647.20 1.359.75 297.80 103.95 326.59 51.12 19.43 574.57 1,361.46 169.50 72.26 113.00 20.00 640.71 197.27 1,006.83 928.29 836.20 2,153.78 724.01 439.00 29.44 209.05 20.00 20.00 21, 074.05 50.00 731.00 16,066.67 512.46 669.53 2,069.63 607.74 169.50 20.00 1,748.37 1,149.45 67.39 731.97 3,943.70 767.95 4,959.29 20.00 Page 3 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BURSHTEIN,TIM BUTLER,DAVID C -MAX FIRE SOLUTIONS CALE SYSTEMS INC CALE SYSTEMS INC CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN IMPERIAL BANK OF COMMERCE CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN TRANSIT ASSOC CANAMED (MORRISON STREET) LTD CANAMED (STAMFORD) LIMITED CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANQUEST COMMUNICATIONS (WIRELESS) INC. CANTEC SECURITY SERVICES INC CANTEX DISTRIBUTION INC CARACCIOLO,CARMELO CARLETON UNIFORMS INC CAROLINE'S CARICATURES CARPACCIO RISTORANTE & BAR CARR MCLEAN CARRICK,MARZENNA CARRIER ENTERPRISE CANADA L.P. CARRUTHERS,ANDREW CASTLE MECHANICAL CEDAR INFRASTRUCTURE PRODUCTS INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONSTRUCTION CENTENNIAL CONSTRUCTION CENTENNIAL CONSTRUCTION CENTRE COURT CAFE CENTRE COURT CAFE CENTURY MANUFACTURING CORPORATION CENTURY VALLEN CERTIFIED LABORATORIES CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS,ROBERT CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIBC ELECTRONIC BANKING OPERATIONS CIBC MORTGAGES & LENDING CICCONE,FRANK CIT FINANCIAL LTD CITY OF THOROLD PIPE BAND 0/0 MR. ALAN SPENCER CITY VIEW BUS & TRUCK REPAIR & SALES LTD CITY VIEW BUS & TRUCK REPAIR & SALES LTD CITY VIEW BUS & TRUCK REPAIR & SALES LTD CITY VIEW BUS & TRUCK REPAIR & SALES LTD CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO CNM INC COBURN,MARY -ANN COCCIMIGLIO,VAL CODE 4 FIRE & RESCUE INC COGECO CABLE CANADA LP COGECO CABLE CANADA LP COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERNATIONAL INC Cheque No. 355598 355841 356177 355842 356162 355435 355844 355845 355436 355600 355846 356163 355847 355848 355599 356166 355438 356140 356141 355437 355601 355849 356164 356165 355850 355434 355851 355440 355439 355602 356167 355441 355852 355853 355604 355443 355445 355446 355854 355444 355605 356168 355855 356169 356171 356170 355856 356172 355857 355858 355859 355447 355606 356173 355861 356174 355862 355863 355607 355448 355608 355864 356176 LIMIT 355865 355866 355867 355609 355610 355449 355868 355450 355611 356178 355869 Cheque Date 20- Jun -2012 27- Jun -2012 04-Jul-2012 27- Jun -2012 04 -Jul -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 04 -Jui -2012 13- Jun -2012 28- Jun -2012 28- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 04 -Jul -2012 27- Jun -2012 13- Jun -2012 27- Jun -2012 13- Jun -2012 13- Jun -2012 20- Jun -2012 04 -Jul -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 13- Jun -2012 13- Jun -2012 13- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 04 -Jul -2012 27- Jun -2012 04-Jul-2012 04 -Jul -2012 04 -Jul -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 04 -Jul -2012 27- Jun -2012 04 -Jul -2012 27 -Jun -2012 27- Jun -2012 20- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 20- Jun -2012 13- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 04 -Jul -2012 27- Jun -2012 Purpose REFUND MATERIALS MATERIALS SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND SERVICES MATERIALS TRAINING REFUND REFUND SERVICES SERVICES SERVICES SERVICES MATERIALS SERVICES MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS TRAVEL/MILEAGE MATERIALS REFUND SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND MATERIALS LEASES AND RENTS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES REFUND MATERIALS PETTY CASH MATERIALS SERVICES SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS Amount 135.59 20.00 1,918.64 915.30 90.35 151.31 4,684.23 2,334.28 397.64 962.22 1,164.46 718.02 3,774.87 1,518.71 1,105.91 406.69 3,610.35 3,899.92 1,479.60 75.94 42.92 33.53 40.47 152.55 826.26 439.68 20.00 6,394.27 300.00 300.00 246.68 197.60 32.71 146.89 1,093.33 2,183.16 6,277.12 821.23 3,568.54 6,365.78 3,086.62 1,571.03 134.75 193.68 131.34 1,691.61 1,084.74 138.65 150.00 20.00 20.00 709.62 2,594.41 351.56 169.39 225.32 20.00 523.86 700.00 324.15 1,367.92 810.94 530.85 3,318.27 3,822.40 20.00 187.59 1,484.82 847.50 2,840.53 233.30 22,965.66 20,617.30 922.27 Page 4 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CONDOTTA MERRETT & CO INSURANCE BROKERS CONDOTTA MERRETT & CO INSURANCE BROKERS CONS SCOLAIRE DE DISTRICT CENTRE SUD OUEST CONS SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE -SUD CONWAYS MECHANICAL CONTRACTING INC COTTON INC COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRE -8 -IT SIGNS CRM CONNECTONS INC CROMBIE LEASEHOLDS LTD CROTEAU,JILL CUKIERSKI,JASON & SARAH CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CURE FOUNDATION CUVIELLO,VINCE CYBERBAHN INC CYRUS WAKEFIELD INCORPORATED D & D DIAMOND CUTTING & CORING INC D'AGOSTINO.ANGELA & VINCENT DALKE,DORIS DANYAAL ENTERPRISES LTD DARCH FIRE DARCH FIRE DAVIDSON ENVIRONMENTAL DE LAGE LANDEN FINANCIAL SERVICES CAN INC DE VALK,ROBERT & ERINA DELCAN CORPORATION DEMAR CONSTRUCTION DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEURLOO,JOAN DIODATI,JIM DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DON'S PORTABLE TOILETS DON'S PORTABLE TOILETS DONNA WARNER DR. DAVID DEC, DRAFTING CLINIC CANADA LTD DRAPEAUX ET BANNIERES L'ETENDARD INC DROLLIS SAFETY SUPPLY CO LTD DTZ BARNICKE NIAGARA LIMITED DTZ BARNICKE NIAGARA LIMITED DUNN AND DRUMMOND INCORPORATED DYCHTIAR,PETER DYNAMIC DISPLAYS LTD E -QUIP RENTALS & REPAIRS INC EARLSCOURT LEGAL PRESS INC EASTGATE TRUCK CENTRE ECONOMY CONTRACTING LTD EDDIES HANG -UP DISPLAY LTD ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELECTROMEGA LTD ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC Cheque No. 355451 355612 WIRE WIRE 356179 355613 355870 355452 355614 355615 355871 355872 355873 355453 356180 355617 356181 356182 355454 355874 355875 355881 355876 355877 355878 355619 355879 355880 356185 355885 355882 355620 355455 355621 355883 356186 355884 355886 355456 WIRE 355623 355887 355757 356184 356187 355624 356188 355457 355888 355889 355625 355890 355631 355891 356189 355893 356190 355627 355628 355894 355895 355459 355629 355896 356191 356142 355460 355630 355897 355898 356192 355899 355461 355900 Cheque Date 13- Jun -2012 20- Jun -2012 29- Jun -2012 29- Jun -2012 04 -Jul -2012 20- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 20- Jun -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 04 -Jul -2012 20- Jun -2012 04 -Jul -2012 04 -Jul -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 27 -Jun -2012 27- Jun -2012 20- Jun -2012 27- Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 29- Jun -2012 20- Jun -2012 27- Jun -2012 20- Jun -2012 04 -Jul -2012 04 -Jul -2012 20- Jun -2012 04 -Jul -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 27- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 04-Jul-2012 20- Jun -2012 20- Jun -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 04 -Jul -2012 28- Jun -2012 13- Jun -2012 20- Jun -2012 27 -Jun -2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 13- Jun -2012 27- Jun -2012 Purpose ENDORSEMENT REMITTANCE TAX LEVY TAX LEVY MAINTENANCE /REPAIRS LEASES AND RENTS CONTRACT SERVICES SERVICES SERVICES MATERIALS SERVICES REFUND CANADA DAY ENTERTAINMENT REFUND VEH ID# 532 PAYROLL REMITTANCE PAYROLL REMITTANCE NATIONAL DENIM DAY REFUND REPLENISH ACCT # 98030007 MATERIALS MATERIALS REFUND MATERIALS REFUND MATERIALS VEH ID# 520 MATERIALS LEASES AND RENTS REFUND MATERIALS CONTRACT SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS TRAVEUMILEAGE REFUND TAX LEVY SERVICES SERVICES SERVICES HONORARIUM CONTRACT SERVICES MATERIALS MATERIALS REFUND REFUND REFUND SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES SERVICES LEASES AND RENTS LEASES AND RENTS Amount 1,456.08 35,280.00 85,880.03 275, 985.52 241.26 327.91 15,561.39 3,189.90 1,078.00 1,469.00 2,286.27 3,391.80 100.00 750.00 1,124.27 8,770.63 8,848.57 105.30 150.00 500.00 263.56 339.00 1,037.96 20.00 4,149 92 5,429.43 1,619.29 142.38 13,267.68 750.00 42,920.02 179,276.89 260.11 387.59 211.88 2,708.47 20.00 1,155.00 675.00 6,649,476.86 28.25 1,276.47 575.00 125.00 324.88 1,841.90 2,270.38 2,547.57 15, 328.36 289.76 150.00 5,537.00 239.56 134.35 1,101.82 750.00 196.09 82.49 559.35 16,695.75 1,909.70 4,253.43 1,239.04 768.40 1,583.17 40,028.05 5,755.83 792.88 4,831.32 79.10 25.91 4,305.30 9,175.60 15,820.00 Page 5 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ESPO ELECTRICAL SUPPLY EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVOLUTION TRUCK & TRAILER SERVICE EXPOGRAPHIQ INTERNATIONAL LIMITED FAFARD ET FRERES LTEE FAIELLA,EILEEN FALLS CHEVROLET CADILLAC FANSOLATO,WAYNE FARE LOGISTICS FARMERS MARKETS ONTARIO FAST,DAVID JOHN FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FERA,TINA FERON,JEANNETTE FERRANTE,PRISCILLA FERRY,LENNY FERRY,LENNY FEX,DOMINIC FIEDOREK,STANISLAW FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FIRE SAFETY DISTRIBUTION CENTRE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FORMICA,ASHLEY FORMISANO,ADRIANO FORTUNA,JOHN FORTUNA CONSTRUCTION FRANK COWAN COMPANY LIMITED FRASER,LINDA FREDERICK,RICK FRETZ,LINDA GALLO,ANTONIO& GALLO, FRANK GALT MACHINE KNIFE & SAW GAULD NURSERIES LTD GAULD NURSERIES LTD GENERAL PAINT GERRIE ELECTRIC WHOLESALE LTD GIRARDI,CHRISTINE GIRARDI,CHRISTINE GIURA BROTHERS GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOFORTH, HANYA GOLIA,VITO& GOLIA, CARMELA GOODWILL INDUSTRIES NIAGARA GRAIL FIREGROUND SOLUTIONS GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT NORTHERN BATTERY SYSTEMS GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENER PROJECT DEVELOPMENTS (2011) INC GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENLAWN GREENSPAN,NED GREIF BROS CANADA INC Cheque No. Cheque Date 356193 04 -Jul -2012 355901 27- Jun -2012 355462 13- Jun -2012 356194 04 -Jul -2012 355463 13- Jun -2012 355632 20- Jun -2012 355902 27- Jun -2012 356195 04 -Jul -2012 356196 04 -Jul -2012 355464 13- Jun -2012 355903 27- Jun -2012 355904 27- Jun -2012 355633 20- Jun -2012 356197 04 -Jul -2012 355905 27- Jun -2012 355634 20- Jun -2012 355906 27- Jun -2012 355465 13- Jun -2012 355635 20- Jun -2012 355907 27- Jun -2012 356199 04 -Jul -2012 356097 27- Jun -2012 355908 27- Jun -2012 355909 27- Jun -2012 355636 20- Jun -2012 355910 27- Jun -2012 355637 20- Jun -2012 355911 27- Jun -2012 355912 27- Jun -2012 355466 13- Jun -2012 355638 20- Jun -2012 355913 27- Jun -2012 356200 04 -Jul -2012 355467 13- Jun -2012 355639 20- Jun -2012 355914 27- Jun -2012 356201 04 -Jul -2012 355468 13- Jun -2012 355640 20- Jun -2012 355915 27- Jun -2012 355916 27- Jun -2012 355917 27- Jun -2012 355641 20- Jun -2012 355918 27- Jun -2012 355469 13- Jun -2012 355919 27- Jun -2012 355920 27- Jun -2012 355921 27- Jun -2012 355642 20- Jun -2012 356202 04 -Jul -2012 355643 20- Jun -2012 355645 20- Jun -2012 355646 20- Jun -2012 356203 04 -Jul -2012 355923 27- Jun -2012 355924 27- Jun -2012 355470 13 -Jun -2012 355925 27- Jun -2012 355926 27- Jun -2012 355927 27- Jun -2012 US DRAFT 15- Jun -2012 355471 13- Jun -2012 355647 20- Jun -2012 355928 27- Jun -2012 356204 04 -Jul -2012 355932 27- Jun -2012 355648 20- Jun -2012 355929 27- Jun -2012 355472 13- Jun -2012 355649 20- Jun -2012 355930 27- Jun -2012 355473 13- Jun -2012 355474 13- Jun -2012 355931 27- Jun -2012 Purpose MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES VEH ID# 102 CONTRACT SERVICES SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS ADVERTISING REFUND MATERIALS MATERIALS MATERIALS VEH ID# 571, 572 REFUND MATERIALS MATERIALS REFUND TRAVEL/MILEAGE REFUND REFUND SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS REFUND MATERIALS MATERIALS REMITTANCE MATERIALS REFUND MATERIALS REFUND SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS SERVICES PETTY CASH REFUND CHARITY REBATE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE REFUND SERVICES SERVICES SERVICES SERVICES REFUND REFUND Amount 2,792.00 20.00 8,280.64 7,766.49 2,656.07 361.04 242.95 519.80 940.56 176,245.76 151.42 20.00 1,245.42 150.00 6,830.82 141.25 434.98 248.19 419.13 511.24 369.44 750.00 20.00 20.00 130.59 84.24 18.72 271.13 1,575.00 1,581 77 691.26 172.90 107.73 1,221.88 2,749.47 390.53 1,856.16 15,662.79 28.25 970.86 20.00 259.90 22,953.45 20.00 200.00 20.00 761.84 196.62 7,051.20 829.72 1,486.11 194.74 339.76 153.60 988.75 1,363.74 139.89 500.00 566.14 5,378.41 2,300.00 488.40 1,485.66 13.45 448.13 1,337.92 78.00 9,774.87 2,098.98 228.83 4,288.35 305.10 200.00 318.06 Page 6 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GRIFFITHS,DAVID GRIMSBY PIPE BAND GRINDLAY,PATRICK GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED HACHEY,DARLENE HAGAN, DAV I D HAGEN,MARY HALCO MOBILE MFG SALES & SERVICE INC HALLEX ENGINEERING LTD HAMDANI DRY CLEANERS LIMITED HANG UPS HANG UPS HARRISON,TODD HD SUPPLY CANADA INC HERITAGE SAFETY PRODUCTS LTD HERLOVITCH,ALEX HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HILLSIDE HOLDINGS INC HODAN INVESTMENT CORPORATION HOGARTH,GARY HOLLINGSHEAD,SHAWN HOLMAN,GEOFF HOLMAN,GEOFF HRDOWNLOADS INC HUSSEY,SHIRLEY HY GRADE PRECAST CONCRETE IAN S. MACKAY BARRISTER & SOLICITOR ICECO ADVANCED ARENA PRODUCTS INDEPENDENT SUPPLY COMPANY INC INNOVATIVE SURFACE SOLUTIONS CANADA INTERFLEET INC INTERFLEET INC INTERNATIONAL BINDING & LAMINATING SYSTEMS INC IT WEAPONS INC J & B PROCESS SERVING INC JACKET CELLAR THE JAMES DEURLOO JASON STEELE CONTRACTING INC JASON STEELE CONTRACTING INC JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JEFF BOUW JEFF BOUW JEFF BOUW JOHNNY RAG JUDSON,PATRICIA K E LYN ROYCE KAPLE,JEROME KARGO PROPERTIES INC KAZAM,ALEX KEALEY & ASSOCIATES INC. KEEPING KITCHENS KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KENMORE HOMES (NIAGARA FALLS) INC KENT,ROBERT& KENT, MOLLY KERRY T HOWE ENGINEERING LTD KEYSTONE MANUFACTURING (PLASTICS) LIMITED KINGSTON EDUCATION CENT INC KIRKWOOD,CORRINE KITNEY,KAREN KLENZOID KLENZOID KNIGHTS OF COLUMBUS COUNCIL 1652 KOREAN PRESBYTERIAN CHURCH KOSANOVIC,DRAGICA KOSIOR,PETER Cheque No. Cheque Date 355933 27- Jun -2012 355650 20- Jun -2012 355934 27- Jun -2012 355651 20- Jun -2012 355935 27- Jun -2012 356205 04 -Jul -2012 355936 27- Jun -2012 355937 27- Jun -2012 355938 27- Jun -2012 356206 04 -Jul -2012 355939 27- Jun -2012 355940 27- Jun -2012 355475 13- Jun -2012 356207 04 -Jul -2012 356208 04 -Jul -2012 355941 27- Jun -2012 355476 13- Jun -2012 355477 13- Jun -2012 355942 27- Jun -2012 356209 04 -Jul -2012 355478 13- Jun -2012 355652 20- Jun -2012 355944 27- Jun -2012 355943 27- Jun -2012 355945 27- Jun -2012 355653 20- Jun -2012 355946 27- Jun -2012 355479 13- Jun -2012 355947 27- Jun -2012 355948 27- Jun -2012 355949 27- Jun -2012 355950 27- Jun -2012 356210 04 -Jul -2012 356211 04 -Jul -2012 355951 27- Jun -2012 355952 27- Jun -2012 355654 20- Jun -2012 355953 27- Jun -2012 355480 13- Jun -2012 356212 04 -Jul -2012 356214 04 -Jul -2012 355655 20- Jun -2012 355622 20- Jun -2012 355481 13- Jun -2012 355656 20- Jun -2012 355482 13- Jun -2012 356213 04 -Jul -2012 355594 20- Jun -2012 355829 27- Jun -2012 356159 04 -Jul -2012 356215 04 -Jul -2012 355954 27- Jun -2012 356261 04 -Jul -2012 355955 27- Jun -2012 355956 27- Jun -2012 355657 20- Jun -2012 355483 13- Jun -2012 355957 27- Jun -2012 355484 13- Jun -2012 355658 20- Jun -2012 355958 27- Jun -2012 355959 27- Jun -2012 355960 27- Jun -2012 356216 04 -Jul -2012 355961 27- Jun -2012 355962 27- Jun -2012 355963 27- Jun -2012 355964 27- Jun -2012 355659 20- Jun -2012 356217 04 -Jul -2012 356218 04 -Jul -2012 355485 13- Jun -2012 355965 27- Jun -2012 355966 27- Jun -2012 Purpose MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS SERVICES REFUND MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS TRAVEL /MILEAGE SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS REFUND REFUND SERVICES MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MEMBERSHIP MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS COMPUTER SERVICES MATERIALS SERVICES MATERIALS MATERIALS SERVICES SERVICES REFUND MATERIALS CLAIM MATERIALS MATERIALS CONSULTING SERVICES MATERIALS REFUND SERVICES CONSULTING SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND CONSULTING SERVICES MATERIALS REFUND MATERIALS REFUND MATERIALS MATERIALS ADVERTISING REFUND MATERIALS MATERIALS Amount 20.00 700.00 20.00 3,066.10 1,363.31 1,999.80 20.00 20.00 20.00 1,243.00 1,243.00 2,911.07 239 56 745.35 236.95 43.17 144.40 46.57 2,862.29 5,258.16 37.18 74.30 235.81 1,275.86 2,812.24 75.00 20.00 163.28 357.91 864.45 20.00 13, 988.27 5,339.25 2,363.79 95.60 4,947.15 2,544.86 2,544.86 621.50 1,535.47 39.55 8,521.06 400.00 10,811.96 5,303.86 293.80 293.80 300.00 75.00 240.00 134.24 20.00 1,695.00 20.00 4,433.88 250.00 5,650.00 271.20 13, 903.09 2,232.88 20, 640.06 2,000.00 222.45 8,962.99 439.45 4,702.48 20.00 150.00 2,953.27 65.68 349.00 4,126.11 10.00 5.00 Page 7 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KRAMER DESIGN ASSOCIATES LIMITED KRAUN ELECTRIC SERVICE KRONSTEIN,MARK KROWN RUST CONTROL KROWN RUST CONTROL KROWN RUST CONTROL KYJORMAC INC KYJORMAC INC LAERDAL MEDICAL CANADA LTD LAIRD PLASTICS (CANADA) INC LAKE'S MAINTENANCE LATOPLAST LTD LATOPLAST LTD LE GROUPE SPORTS -INTER PLUS LEGGE,DEBORAH LEMAY,GERALD LIAN HUA ARTS GROUP LINCOLN & WELLAND REGIMENT BAND LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LOUD + CLEAR LUEY,CATHERINE LYNDESFARNE THEATRE PROJECTS M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACLEAN,JASON MACLEAN,JASON MAIURI,JAKE MAIURI,JAKE MANOR CLEANERS MAPLE LEAF COLLISION CENTRE MAPMOBILITY CORP MAR -CO CLAY PRODUCTS INC MARI -LYNNE EASTLAND MARI -LYNNE EASTLAND MARINE CLEAN LTD MARINE CLEAN LTD MARINELAND OF CANADA MARR,TYLER MARTENS LINGARD LLP IN TRUST MARTIN SHEPPARD FRASER LLP IN TRUST MATER,BRENDAN MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MAXWELL PAPER CANADA INC MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCCAULEY,DON MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCNAMARA,SUSAN MEDIA SUPPLY OUTLET MEDICAL TECHNOLOGY (WB) INC MERIT CONTRACTORS NIAGARA METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO TRUCK NIAGARA MIELE,PETER& MIELE, FRANK MILLER MAINTENANCE LIMITED (NIAGARA) MINGLE,JIM MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISTER TRANSMIISSION MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY BROS & NORTHLAND SUPPLY MOON,JIM SOO& MOON, BONG SON MORNEAU SHAPELL LTD Cheque No. 355967 355486 355968 355487 355660 356219 355488 355969 355970 355661 355662 355663 356221 355971 356222 355972 355489 355665 355491 355666 355974 355975 355492 355667 355504 356229 355990 355493 355976 355669 355670 355494 355671 355672 356224 355626 355892 355673 355978 355979 355980 355564 355495 355496 355497 355981 355674 355982 355498 355499 355983 355984 355675 355676 355985 355501 355677 355678 355986 355502 355987 355679 355503 355988 356226 356227 355680 356225 355989 355991 356230 356231 355992 356232 Cheque Date 27- Jun -2012 13- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 04 -Jul -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 20- Jun -2012 20- Jun -2012 04-Jul-2012 27- Jun -2012 04 -Jul -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 13- Jun -2012 20- Jun -2012 27- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 13- Jun -2012 04 -Jul -2012 27- Jun -2012 13- Jun -2012 27- Jun -2012 20- Jun -2012 20- Jun -2012 13- Jun -2012 20- Jun -2012 20- Jun -2012 04 -Jul -2012 20- Jun -2012 27- Jun -2012 20- Jun -2012 27- Jun -2012 27- Jun -2012 27- Jun -2012 15- Jun -2012 13- Jun -2012 13- Jun -2012 13- Jun -2012 27- Jun -2012 20- Jun -2012 27- Jun -2012 13- Jun -2012 13- Jun -2012 27- Jun -2012 27- Jun -2012 20- Jun -2012 20- Jun -2012 27- Jun -2012 13- Jun -2012 20- Jun -2012 20- Jun -2012 27- Jun -2012 13- Jun -2012 27- Jun -2012 20- Jun -2012 13- Jun -2012 27- Jun -2012 04 -Jul -2012 04 -Jul -2012 20- Jun -2012 04 -Jul -2012 27- Jun -2012 27- Jun -2012 04 -Jul -2012 04 -Jul -2012 27- Jun -2012 04 -Jul -2012 Purpose CONSULTING SERVICES MAINTENANCE /REPAIRS MATERIALS VEH ID# 52 VEH ID# 1341 & 1342 VEH ID# VARIOUS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES FUEL FUEL FUEL CONSULTING SERVICES TRAINING SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS SERVICES SERVICES SERVICES VEH ID# 198 ADVERTISING MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND TRAVEL/MILEAGE ADMINISTRATIVE CONSULTING SERVICES REFUND CONSULTING SERVICES MATERIALS MATERIALS CONSULTING SERVICES TRAVEL /MILEAGE TRAVEL/MILEAGE MATERIALS MATERIALS SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND MAINTENANCE /REPAIRS GRANT REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE VEH ID# 39 SERVICES SERVICES MATERIALS REFUND REMITTANCE Amount 17, 557.37 525.28 20.00 1,039.54 338.89 819.19 14,642.82 12,271.95 823.21 5,460.16 183.06 807.95 1,705.31 8,756.37 178.66 20.00 1,500.00 900.00 7,305.62 1,445.20 43, 569.66 1,401.20 338.09 100.00 68.31 180.63 863.17 33.90 89.31 100.00 100.00 28.48 4,181.50 706.25 4,232.42 299.45 271.20 11,905.25 13,354.15 750.00 32.76 875,000.00 927.46 150.00 2,768.50 20.00 163.17 2,460.43 96.99 160.00 20.00 20.00 700.00 341.94 16, 818.93 1,220.99 1,273.80 3,898.50 6.28 104.53 7,629.33 2,483.18 15,000.00 250.58 3,778.25 63,112.25 1,815.42 1,815.42 593.34 5,547.67 459.27 1,289.34 2,222.72 8,475.00 Page 8 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MOROCCO,JOHN MORTON,DALE MOSS,HIRRELL MR FURNACE /HU -ERO COMMERCIAL DIVISION MR QUICK SOFT CLOTH MRKALJ,JOVO MULLER PROPERTIES INC MULLER'S WORKWEAR MULLER'S WORKWEAR MURAWSKI,CHESTER MYER SALIT LIMITED -NF MYERS TIRE SUPPLY N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NEUFELD,RAYMOND NGUYEN,NHAN VAN& NGUYEN, DUC THI NIAGARA ANALYTICAL LABORATORIES INC NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD OF NIAGARA NIAGARA COMMUNITY NEWSPAPERS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA FALLS INTERNATIONAL MARATHON NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS BADMINTON TENNIS & LAWN BOWLING CLUB NIAGARA FALLS CITY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA MEMORIAL MILITARIES ALUMNI DRUM CORP 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 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 POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA RUBBER SUPPLY INC NIAGARA RUBBER SUPPLY INC NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA TENTS & EVENTS NIAGARA THIS WEEK NIAGARA UNITED ENTERPRISE LTD NIAGARA VIDEO PRODUCTIONS NIAGARA WATER CONDITIONING LTD NIAGARA'S OWN LANDSCAPING INC Cheque No. Cheque Date 355505 13- Jun -2012 355681 20- Jun -2012 355993 27- Jun -2012 355682 20- Jun -2012 355995 27- Jun -2012 355994 27- Jun -2012 355996 27- Jun -2012 355506 13- Jun -2012 356233 04 -Jul -2012 355997 27- Jun -2012 356234 04-Jul-2012 355507 13- Jun -2012 355701 20- Jun -2012 356243 04 -Jul -2012 355508 13- Jun -2012 355998 27- Jun -2012 355999 27- Jun -2012 356000 27- Jun -2012 355683 20- Jun -2012 355684 20- Jun -2012 356001 27- Jun -2012 355509 13- Jun -2012 355685 20- Jun -2012 356002 27- Jun -2012 WIRE 29- Jun -2012 355686 20 -Jun -2012 355510 13- Jun -2012 355511 13- Jun -2012 355688 20- Jun -2012 355689 20- Jun -2012 356235 04 -Jul -2012 356003 27- Jun -2012 356004 27- Jun -2012 355512 13- Jun -2012 356005 27- Jun -2012 356006 27- Jun -2012 355690 20- Jun -2012 356007 27- Jun -2012 356008 27- Jun -2012 355691 20- Jun -2012 355513 13- Jun -2012 356009 27- Jun -2012 355692 20- Jun -2012 355514 13- Jun -2012 355515 13- Jun -2012 355694 20- Jun -2012 355695 20- Jun -2012 356010 27- Jun -2012 356011 27- Jun -2012 356237 04 -Jul -2012 356238 04 -Jul -2012 356012 27- Jun -2012 355532 13- Jun -2012 355717 20- Jun -2012 355764 21- Jun -2012 356049 27- Jun -2012 356260 04 -Jul -2012 WIRE 15- Jun -2012 WIRE 27- Jun -2012 WIRE 29- Jun -2012 WIRE 29- Jun -2012 356013 27- Jun -2012 355696 20- Jun -2012 356014 27- Jun -2012 356239 04 -Jul -2012 355516 13- Jun -2012 355697 20- Jun -2012 356240 04 -Jul -2012 355517 13- Jun -2012 355698 20- Jun -2012 356015 27- Jun -2012 356236 04 -Jul -2012 356016 27- Jun -2012 355693 20- Jun -2012 Purpose TRAVEL/MILEAGE PETTY CASH MATERIALS MAINTENANCE /REPAIRS VEH ID# VARIOUS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID# 131 REFUND REFUND MATERIALS VEH ID# 178 VEH ID# 39 VEH ID# 242 VEH ID# 625 MATERIALS MATERIALS MATERIALS TAX LEVY ADVERTISING MATERIALS GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT GRANT REFUND GRANT GRANT GRANT GRANT REFUND SERVICES MATERIALS MATERIALS UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES SERVICES CONTRACT SERVICES REFUND VARIOUS ROLL #'S REMITTANCE MATERIALS MATERIALS DEBT 61 -2005 DEBT 77 -2002 MAY WATER DEBT 73 -2010 SERVICES VEH ID #ARENA MATERIALS MATERIALS VEH ID# 404 VEH ID# 103 VEH ID# 180 REFUND ADVERTISING REFUND MATERIALS MATERIALS MATERIALS Amount 179.00 60.78 30.00 821.62 227.13 264 06 12,415.70 63.28 345.78 20.00 1,042.14 281.94 1,356.00 1,440.75 750.00 683.92 766.14 160.46 99.44 10, 276.00 168.13 308.43 510.52 255.95 3, 539, 393.17 369.51 384.20 1,500.00 7,364.26 6,677.40 6,677.40 2,250.00 4,000.00 2,401.70 39, 795.17 3,420.00 12,825.00 30, 000.00 881.84 1,000.00 99, 666.00 787.60 102.73 6,933.82 3,963.73 5,604.79 191, 843.62 18, 980.96 7,826.15 11,145.74 4,426.93 4,600.59 4,545.00 27, 682.05 1,100.00 956.37 21, 383.71 162,079.75 372,633.75 2,013,100.09 410,347.29 100.00 33.90 459.62 338.30 1,207.66 3,614.34 264.01 600.00 904.00 4,774.52 339.00 314.43 4,746.00 Page 9 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NICHOLLS MARINE LTD NICKS TRUCK PARTS INC. NORRIS,STEVE NORTRAX NOVUS FIRE PROTECTION CONSULTING INC NRTOA TREASURER O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC OLIVIER,JOHN OMERS OMERS OMNI LIFE SAFETY ONTARIO CLEAN WATER AGENCY ONTARIO POWER GENERATION INC P &C COMPOSTECH INC PAGENET OF CANADA INC PAK,MIJA PALMER,WENDALL PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PAQUETTE,CHRIS PARIS EQUIPMENT MANUFACTURING LTD PARKER,SUSAN PATHSTONE FOUNDATION PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEMBERTON,HOLLY PENINSULA CONSTRUCTION INC. PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERFORMANCE CONCEPTS CONSULTING PERHOT,DAVOR PERRI -MED PHAM,GIANG HUONG PIETRANGELO,NICK PINEWOOD HOMES (TARA) LTD PITNEY WORKS PK HUMMINGBIRD STEEL BAND PKF CONSULTING PORT DRUMMOND LTD PORTAGE BAKERY INC. POS TRANSACTIONS POWER PLAY SPORTS PRACTICA LTD PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PRIME TIME BRASS PROJECT SHARE PURE WATER PURE WATER PURE WATER PUROLATOR COURIER R CLEGG & ASSOCIATES LTD R V ANDERSON ASSOCIATES LIMITED R.J. MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RAINBOW GREENHOUSES LTD RAINBOW PURE WATER Cheque No. Cheque Date 355699 20- Jun -2012 355700 20- Jun -2012 356017 27- Jun -2012 356241 04 -Jul -2012 356242 04 -Jul -2012 355518 13- Jun -2012 355520 13- Jun -2012 355703 20- Jun -2012 356018 27- Jun -2012 355519 13- Jun -2012 355702 20- Jun -2012 356244 04 -Jul -2012 356019 27- Jun -2012 356245 04-Jul-2012 356246 04 -Jul -2012 355521 13- Jun -2012 356020 27- Jun -2012 356247 04 -Jul -2012 356248 04 -Jul -2012 355522 13- Jun -2012 356021 27- Jun -2012 355704 20- Jun -2012 356022 27- Jun -2012 355705 20- Jun -2012 356023 27- Jun -2012 356024 27- Jun -2012 355523 13- Jun -2012 355706 20- Jun -2012 356249 04 -Jul -2012 356250 04 -Jul -2012 356026 27- Jun -2012 355524 13- Jun -2012 355707 20- Jun -2012 356025 27- Jun -2012 355526 13- Jun -2012 355709 20- Jun -2012 356028 27- Jun -2012 356251 04-Jul-2012 355525 13- Jun -2012 355708 20- Jun -2012 356027 27- Jun -2012 356030 27- Jun -2012 356029 27- Jun -2012 356031 27- Jun -2012 356032 27- Jun -2012 355527 13- Jun -2012 356033 27- Jun -2012 355528 13- Jun -2012 355710 20- Jun -2012 355529 13- Jun -2012 356035 27- Jun -2012 356034 27- Jun -2012 356252 04-Jul-2012 356036 27- Jun -2012 356037 27- Jun -2012 355711 20- Jun -2012 356038 27- Jun -2012 356039 27- Jun -2012 US DRAFT 11- Jun -2012 356041 27- Jun -2012 355712 20- Jun -2012 356042 27- Jun -2012 356253 04 -Jul -2012 356254 04 -Jul -2012 356257 04 -Jul -2012 355534 13- Jun -2012 355718 20- Jun -2012 355530 13- Jun -2012 355713 20- Jun -2012 356043 27- Jun -2012 356255 04 -Jul -2012 355714 20- Jun -2012 356256 04 -Jul -2012 355715 20- Jun -2012 Purpose VEH ID# 501 VEH ID# 521 SERVICES VEH ID# 208 CONSULTING SERVICES TRAINING MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE MAINTENANCE /REPAIRS TRAINING SERVICES MATERIALS SERVICES REFUND GRANT REFUND REFUND MATERIALS MATERIALS REFUND MATERIALS MAINTENANCE /REPAIRS MATERIALS MAINTENANCE /REPAIRS SERVICES SERVICES SERVICES VEH ID# 157 VEH ID# 252 VEH ID# 153 VEH ID# 284 MATERIALS MATERIALS MATERIALS CONSULTING SERVICES REFUND TRAINING REFUND TRAVEUMILEAGE REFUND MATERIALS SERVICES CONSULTING SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CANADA DAY ENTERTAINMENT GRANT SERVICES SERVICES SERVICES COURIER CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES Amount 248.59 27.69 700.00 198.55 1,356.00 445.00 18,629.35 9,334.93 14,834.00 417.38 250.63 381.59 17.50 538,481.30 29,850.54 6.50 10,170.00 2,101.80 54.24 16.89 1,622.99 1,522.00 869.76 750.00 1.248.65 15.00 8,605.72 29,584.57 709.74 56.49 791.00 395.00 145.00 130.00 186.45 67.80 50.85 22.60 1,096.76 204.74 391.25 28,815 00 2,514.45 410.70 1,543.89 164.40 5,180.52 22,600.00 800.00 7,345.00 5,073.96 1,578.56 350.81 565.00 2,064.26 1,459.43 746.22 410.87 1,350.00 24, 866.67 46.00 17.25 17.25 15.01 3,983.25 9,177.02 56.49 202.36 656.22 1,653.13 174.09 7214 163.72 395.50 Page 10 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAVEN, BONNIE RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL REGANTI,VANESSA REGENCY ATHLETIC RESORT LIMITED REGIONAL WATERPROOFING & EXCAVATING RENNIE,GEORGE RICHARDS,JUSTIN RIOCAN HOLDINGS INC RIVER REALTY DEVELOPMENT INC RNE REALTY LIMITED ROBBINS,JANE ROBBINS,RICHARD ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROLFE,ROBERT ROMEO,ANTONIO& LEAL, JENNIFER ROSS,LINDA JEAN ROYAL CANADIAN LEGION BRANCH 51 RUDAN EXPORT IMPORT LTD SADUSEK,BRIAN ANTHONY SAFETY CARE INC SAFETY KLEEN CANADA INC SAFETY -KLEEN CANADA INC. OIL DIVISION SAINT GOBAIN CERAMIC MATERIALS CANADA INC SAINT PAUL CATHOLIC HIGH SCHOOL SANI GEAR FIRE SAPEZINSKAS,CHRIS SARANOVICH,OLGA SASSO,MARCO SCAT,JOHNNY SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHULTZ,LORRAINE SCOZZAFAVA, SAM SEALER WORKS SEAWAY FLUID POWER GROUP SECURITY THROUGH SAFE DESIGN SECURITY THROUGH SAFE DESIGN SENTINEAL CARRIAGES INC SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHARIFOV,ETIBAR& SHARIFOV, SARA SHEEHAN ARBITRATION MEDIATION SERVICES SHERWIN WILLIAMS SHIHORA,DHANRAJ V& SHIHORA, ILA KUMARI D SHORTHILLS TREE SERVICE INC SHORTHILLS TREE SERVICE INC SHRED IT INTERNATIONAL INC SIDOFF,ROBERT SIEDERSBERGER,RUTH SIMPLEX GRINNELL SIMPLEX GRINNELL SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 SLAPPENDEL GREENHOUSES INC SLAPPENDEL GREENHOUSES INC SMITH,CHARLIE SMITH,CHARLIE SMITH,LEE SNAP NIAGARA FALLS SNYDER,BILL SPORT SYSTEMS UNLIMITED CORP ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE ST SAGA HOLDINGS INC STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STANCO SIGNS AND PROMOTIONS STANCO SIGNS AND PROMOTIONS Cheque No. Cheque Date 355531 13- Jun -2012 356045 27- Jun -2012 356046 27- Jun -2012 356047 27- Jun -2012 356258 04 -Jul -2012 355716 20- Jun -2012 356259 04 -Jul -2012 356050 27- Jun -2012 356048 27- Jun -2012 356051 27- Jun -2012 356052 27- Jun -2012 355977 27- Jun -2012 356053 27- Jun -2012 356054 27- Jun -2012 356055 27- Jun -2012 356056 27- Jun -2012 356057 27- Jun -2012 356058 27- Jun -2012 355719 20- Jun -2012 356059 27- Jun -2012 356060 27- Jun -2012 355533 13- Jun -2012 356061 27- Jun -2012 356062 27- Jun -2012 355535 13- Jun -2012 355720 20- Jun -2012 355722 20- Jun -2012 355721 20- Jun -2012 356063 27- Jun -2012 355723 20- Jun -2012 356065 27- Jun -2012 355724 20- Jun -2012 356066 27- Jun -2012 355725 20- Jun -2012 355726 20- Jun -2012 356262 04 -Jul -2012 356067 27- Jun -2012 356068 27- Jun -2012 355537 13- Jun -2012 355536 13- Jun -2012 355727 20- Jun -2012 356069 27- Jun -2012 355538 13- Jun -2012 355728 20- Jun -2012 356070 27- Jun -2012 356071 27- Jun -2012 356072 27- Jun -2012 355729 20- Jun -2012 356073 27- Jun -2012 355539 13- Jun -2012 356264 04 -Jul -2012 356074 27- Jun -2012 356075 27- Jun -2012 356076 27- Jun -2012 355540 13- Jun -2012 356265 04 -Jul -2012 355541 13- Jun -2012 356078 27- Jun -2012 355542 13- Jun -2012 355730 20- Jun -2012 356079 27- Jun -2012 356266 04 -Jul -2012 355731 20- Jun -2012 356267 04 -Jul -2012 356080 27- Jun -2012 355733 20- Jun -2012 355737 20- Jun -2012 356083 27- Jun -2012 356084 27- Jun -2012 356088 27- Jun -2012 355734 20- Jun -2012 356081 27- Jun -2012 355735 20- Jun -2012 356268 04 -Jul -2012 Purpose CONTRACT SERVICES MATERIALS MATERIALS SERVICES REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES REFUND CONTRACT SERVICES MATERIALS SERVICES REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS SERVICES REFUND REFUND REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS SERVICES REFUND SERVICES SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES SERVICES SERVICES SERVICES REFUND CONSULTING SERVICES MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS TRAINING TRAINING PETTY CASH ADVERTISING MATERIALS MATERIALS SERVICES GRANT GRANT REFUND MATERIALS MATERIALS MATERIALS MATERIALS Amount 91, 206.59 8,123.31 15.00 1,331.68 644.10 539,590.91 469, 935.56 100.00 6,232.68 10,057.00 20.00 500.00 8,395.98 3,138.74 3,009.43 20.00 20.00 2,120.08 1,553.13 100.00 645.06 149.05 3,699.65 3,937.74 757 11 887.05 1,226.10 3,631.47 4,070.37 390.00 1,487.37 100.00 2,445.13 400.00 350.00 2,891.11 20.00 20.00 436.47 271.20 5,518.92 1,671.27 395.50 474.60 2,644.20 817.75 1,733.75 9.48 1,000.40 2,847.60 3,514.30 94.48 1,514.47 2,723.24 577.66 193.68 2,765.86 198.55 3,153.27 322.06 105.88 105.88 248.74 446.35 20.00 11,130.50 200.00 33,202.33 2,741.67 3,516.08 1,202.97 7.56 170.86 228.83 Page 11 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STERNE,THOMAS ROBERT& CHENG, SUI QIONG STICCA,JAMES STINSON EQUIPMENT LIMITED STORAGE NIAGARA STRACUZZI,ANTHONY STRANGES,DOMENIC STRANGES,LOU STUART,DAVE STUART,DAVE SULLIVAN MAHONEY LLP SULLIVAN MAHONEY LLP SULLIVAN MAHONEY LLP IN TRUST SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING DEPT. SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING DEPT. SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREME OFFICE PRODUCTS SWAYZE,RICK T & C HOLDINGS LIMITED TAB TAB TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TEAM SPIRIT SERVICES TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TERMA HOLDINGS INC TERRA NIAGARA INC TESKEY,BERNADETTE THAT'S FAB DESIGN /COURIERS THE MAGIC OF GREG FREWIN THE PRINTING HOUSE LTD THE REVIEW THE SALVATION ARMY THE SENIORS REVIEW THE TRUCK TOPPERS THISTLEWAITE YARDWORKS THOMSON,SANDIE THOUGHTWARE INTERNATIONAL INC THYSSENKRUPP ELEVATOR TIM HORTONS STORE #30 TODD,KEN TOMYN,SONIA TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOROMONT TOTH,STEVE TOWER RESTORATION LTD TRADE A DOLLAR INC TRANSAXLE PARTS (HAMILTON) INC. TRAVELLING BILLIARD MECHANICS TUFF BOYS PLOW AND LANDSCAPE TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED TURF CARE PRODUCTS CANADA LIMITED UCC INDUSTRIES INTERNATIONAL INC UNISAN UNISAN UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC UTILITY STRUCTURES INC VECCHIO,VINCENZO & VECCHIO, TERESA Cheque No. Cheque Date 356082 27- Jun -2012 355543 13- Jun -2012 356269 04 -Jul -2012 356085 27- Jun -2012 356087 27- Jun -2012 355544 13- Jun -2012 356086 27- Jun -2012 355545 13- Jun -2012 356089 27- Jun -2012 355546 13- Jun -2012 356090 27- Jun -2012 355547 13- Jun -2012 355738 20- Jun -2012 WIRE 29- Jun -2012 355548 13- Jun -2012 356091 27- Jun -2012 356270 04 -Jul -2012 356272 04 -Jul -2012 355549 13- Jun -2012 356092 27- Jun -2012 355739 20- Jun -2012 356093 27- Jun -2012 355550 13 -Jun -2012 356273 04 -Jul -2012 356094 27- Jun -2012 356274 04 -Jul -2012 356095 27- Jun -2012 356275 04 -Jul -2012 355742 20- Jun -2012 356276 04 -Jul -2012 355551 13- Jun -2012 355552 13- Jun -2012 356096 27- Jun -2012 356098 27- Jun -2012 356099 27- Jun -2012 356100 27- Jun -2012 356101 27- Jun -2012 355668 20- Jun -2012 356040 27- Jun -2012 355743 20- Jun -2012 356064 27- Jun -2012 356277 04 -Jul -2012 356102 27- Jun -2012 355744 20- Jun -2012 355745 20- Jun -2012 356103 27- Jun -2012 356278 04 -Jul -2012 355746 20- Jun -2012 356104 27- Jun -2012 356105 27- Jun -2012 355747 20- Jun -2012 355748 20- Jun -2012 356106 27- Jun -2012 356279 04 -Jul -2012 356280 04 -Jul -2012 356281 04 -Jul -2012 356107 27- Jun -2012 356282 04 -Jul -2012 355749 20- Jun -2012 356108 27- Jun -2012 355553 13- Jun -2012 356109 27- Jun -2012 356283 04 -Jul -2012 355554 13- Jun -2012 355570 20- Jun -2012 356284 04 -Jul -2012 355750 20- Jun -2012 355751 20- Jun -2012 355555 13- Jun -2012 356286 04 -Jul -2012 356110 27- Jun -2012 356287 04 -Jul -2012 355752 20- Jun -2012 356111 27- Jun -2012 Purpose REFUND TRAVEUMILEAGE MATERIALS SERVICES SERVICES MATERIALS TRAVEUMILEAGE PETTY CASH TRAVEUMILEAGE CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE REMITTANCE JULY PREMIUMS FUEL FUEL VEH ID# VARIOUS MATERIALS FUEL MATERIALS SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING ADVERTISING SERVICES MATERIALS SERVICES SERVICES SERVICES REFUND REFUND MATERIALS COURIER SERVICES MATERIALS ADVERTISING REFUND ADVERTISING MATERIALS CONTRACT SERVICES SERVICES CONSULTING SERVICES MAINTENANCE /REPAIRS MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS VEH ID# 205 VEH ID# 205 VEH ID# 205 TRAVEUMILEAGE CONTRACT SERVICES REFUND MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE CONSULTING SERVICES COURIER COURIER CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND Amount 724.33 210.20 1,112.49 768.40 200.00 135.54 76.96 552.64 62.92 1,401.15 2,172.25 22, 000.00 886.83 315,235.88 22,796.91 69,479.83 1,287.45 409.33 55.38 34.58 800.00 7,290.32 183.33 275.12 52, 802.63 2,021.76 5,318.64 3,116.37 62.00 227.00 31.63 141.25 78.99 1.600.11 10,825.01 20.00 39.55 1,994.50 388.95 5,357.68 2,283.19 452.00 3,927.83 567.83 550.00 5,621.75 461.04 402.89 2,024.94 15.00 41.05 761.62 1,652.18 3,371.11 201.24 19,662.00 1,080.29 193.56 565.00 4,730.18 415.15 196.79 141.59 2,648.49 520.65 520.65 1,430.70 22, 385.82 31.73 21.98 77,699.20 5,542.65 25,645.35 947.54 Page 12 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VIGNA,PETER& VIGNA, DOROTA VIKING LIVES LTD VINELAND GROWERS' CO- OPERATIVE LTD VOKEY,JEREMEY WAJAX EQUIPMENT WAKUNICK,JAMES WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER INTEGRATED MUNICIPAL SERVICES WALSH,JOHN WALSH,MARIA WALSH,MICHAEL& ABDUL, BERNARD WARREN, DEBBIE WASHINGTON MILLS ELECTRO MINERALS CORP WASTE MANAGEMENT WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTLANE SECONDARY SCHOOL WET & HUMID NO MORE LTD WHAN,HOWARD WILLICK,RONALD WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZARAFONITIS,JASON ZARLENGA,FRANCO & ZARLENGA, JULIA Cheque No. Cheque Date 356112 27- Jun -2012 355753 20- Jun -2012 356288 04 -Jul -2012 355754 20- Jun -2012 355755 20- Jun -2012 356113 27- Jun -2012 355558 13 -Jun -2012 355756 20- Jun -2012 356289 04 -Jul -2012 355557 13- Jun -2012 356116 27- Jun -2012 356115 27- Jun -2012 356117 27- Jun -2012 356118 27- Jun -2012 356119 27- Jun -2012 356120 27- Jun -2012 356121 27- Jun -2012 356122 27- Jun -2012 355559 13- Jun -2012 356123 27- Jun -2012 355758 20- Jun -2012 356124 27- Jun -2012 356290 04 -Jul -2012 356125 27- Jun -2012 356291 04 -Jul -2012 356126 27- Jun -2012 355759 20- Jun -2012 356127 27- Jun -2012 356128 27- Jun -2012 356129 27- Jun -2012 356130 27- Jun -2012 356131 27- Jun -2012 356132 27- Jun -2012 355560 13- Jun -2012 355760 20- Jun -2012 356292 04 -Jul -2012 355761 20- Jun -2012 356133 27- Jun -2012 356293 04 -Jul -2012 356294 04 -Jul -2012 355561 13- Jun -2012 356295 04 -Jul -2012 355762 20- Jun -2012 355562 13- Jun -2012 356296 04 -Jul -2012 355563 13- Jun -2012 356134 27- Jun -2012 356297 04 -Jul -2012 356136 27- Jun -2012 356137 27- Jun -2012 355763 20- Jun -2012 356298 04 -Jul -2012 356139 27- Jun -2012 356138 27- Jun -2012 Purpose REFUND VEH ID# 131 MATERIALS REFUND VEH ID# 210 REFUND SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND MATERIALS SERVICES SERVICES GRANT GRANT CONSULTING SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE PETTY CASH PETTY CASH MATERIALS ADVERTISING ADVERTISING SERVICES SERVICES SERVICES MATERIALS GRANT VEH ID# 910 VEH ID# 910 REFUND REFUND Amount 1,750.00 43.19 225.03 135.59 1,869.74 150.00 101.47 153.28 53.11 3,807.07 14,525.88 194.39 20.00 20.00 1,423.07 20.00 2,114.08 77.64 146.90 1,559.40 16,631.23 12,051.83 303.74 4,900.58 403.18 58.20 750.00 20.00 200.00 65.00 14,214.28 1,612.50 1,500.00 750.00 432.46 424.29 4,983.76 29,082.32 2,336.59 775.00 564.18 398.00 211 88 53.85 65.82 2,526.87 3,197.02 6,251.04 565.00 4,277.75 3,074.76 2,102.09 500.00 1,416.53 Total 20,363,183.93 Niagaraaalls Ly REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2012 -37 Monthly Tax Receivables Report F- 2012 -37 June 24, 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 June 30, 2012 were $22.8 million compared to $24.6 million in 2011. During June, tax receivables as a percentage of taxes billed decreased from 37.6% in 2011 to 36.1% in 2012. The City's finance staff has had continued success in resolving properties that are subject to registration for 2012. At this stage, 75.9% of properties have developed payment arrangements or have paid in full. There are currently thirteen 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 June. Table 1 shows that taxes outstanding at June 30, 2012 are $22.8 million. This represents a decrease from $24.6 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 six months of activity. This table shows 75.9% of the tax accounts or 306 properties have been paid in full or the owners have made suitable payment arrangements. During June, five accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 73.7% (May) to 75.9% (June). July 24, 2012 - 2 - F- 2012 -37 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, two registered properties were redeemed. The outstanding taxes for registered properties represents 1.7% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The 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 June 30, 2012 Taxes Receivable by Property Class at June 30, 2012 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti Todd Harris n, Direct r of Finance Ken Todd , Chief Administrative Officer TABLE 1 Total Taxes Receivable Owing at June 30, 2012 2012 2011 Outstanding Taxes @ May 31, 2012 $ 22,462,463 $ 25,275,288 Taxes Billed and Due June 30, 2012 $ 22,213,038 $ 20,952,565 Penalty charged in June $ 224,595 $ 246,944 Taxes Collected during June $ 22,089,861 $ 21,839,002 Outstanding Taxes @ June 30, 2012 $ 22,810,235 $ 24,635,795 Taxes Billed and Due September 30, 2012 $ 22,213,038 $ 20,952,565 Taxes Past to be Collected $ 45,023,273 $ 45,588,360 TABLE 2 Taxes Receivable by Property Class as at June 30, 2012 2012 Taxes Owing % of Class 2011 Taxes Owing % of Class Residential $ 34,954,210 77.64% $ 33,540,928 73.57% Multi- Residential $ 253,751 0.56% $ 195,678 0.43% Commercial $ 9,102,069 20.22% $ 11,001,800 24.13% Industrial $ 617,025 1.37% $ 781,109 1.71% Farmlands $ 96,218 0.21% $ 68,845 0.15% Total Receivables $ 45,023,273 100.00% $ 45,588,360 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at May 31, 2012 Properties Subject to Registration as at June 30, 2012 % Initial Amount 403 403 5 Paid in Full 76 81 20.1% Payment Arrangements 221 225 55.8% Ongoing Collection Action 106 97 24.1% Registered 0 0 0.0% 403 403 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2012 8 $ 343,555 May 2013 5 $ 402,351 November 2013 0 $ - Totals 13 $ 745,906 HR-2012-06 Niagara,Falls July 24, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Ontario Human Resources HR- 2012 -06 Council Chambers RECOMMENDATION That Council approve option #3 and associated works for the Council Chambers renovation. EXECUTIVE SUMMARY As Council is aware, staff contracted the services of Security Through Safe Design (STSD) to conduct a physical security and formal risk assessment of various City facilities. Recommendations related to Council Chambers are noted in the report. In addition, Council members have expressed an interest in "downsizing" the podium, which cuts off sightlines for Councillors on the west side of the Council Chambers. BACKGROUND The last major renovation of the Council Chambers took place circa 1996. At that time, the Chambers was repainted, new blinds were installed and new carpeting was placed. Subsequently, video display monitors were installed and a new podium, which contains various media, was constructed. In 2004, the decrease in Council membership from thirteen (13) members to nine (9) members, necessitated a redesign of the Council seating arrangement. At the time, the Council members expressed the desire that none of them be seated with their backs to the gallery and that the physical barrier between the gallery and Council be removed. The result was the current horseshoe configuration. In late 2011, the City engaged the services of Security Through Safe Design (STSD) to conduct a physical security and formal risk assessment of various City facilities. Security safeguards and strategies are recommended at City Hall, particularly Council Chambers, where there are no physical barriers, distance or strategies to separate the public gallery from Council members. July 24, 2012 - 2 - HR- 2012 -06 ANALYSIS STSD made the following recommendations related to Council Chambers: • the existing podium be replaced with a smaller podium (i.e., maximum 32 inches height) • a convex mirror be installed behind the Clerk's station to improve sightlines for Council members who sit with their backs to the main entrance. a decorative glass rail be installed for entry into the Council seating area. Although this barrier would not prevent entry into the Council seating area, it would serve as an indicator of separation between public and Council private space. With regard to the last recommendation, Council will have to weigh their desire for security versus being "open" to the public. As indicated, in 2004, the bar or barrier between the gallery and the Council horseshoe was removed. Since then, there has been no incident of someone inappropriately entering the horseshoe during the meeting. STSD commented that although a barrier would not prevent entry into the Council seating area, it would serve as an indicator of the separation between the public and private space. Staff has proposed three options for Council, from least costly to most costly: Option 1: paint chambers, new flooring, new blinds and a convex mirror in the corner. (Estimated cost = $14,000) Option 2: paint chambers, new flooring, new blinds, a convex mirror in the corner and a new, smaller podium. (Estimated cost = $16, 500) Option 3: paint chambers, new flooring, new blinds, a convex mirror in the corner, a new, smaller podium, and a tempered glass and metal frame railing between the gallery and Council seating area. (Estimate cost = $21,000) The Capital Budget identifies $30,000 for Council Chambers renovations. As a result, staff would also look at, upon Council approval, new signage in keeping with the theme started in the front lobby and drywall columns adjacent to the elevator. In addition, the proximity card reader will be corrected so that it secures entry into Committee Room #1. Councils' approval of one of the aforementioned options will allow renovations during the summer break between Council meetings. If a tempered glass and metal frame railing is approved, it should be incorporated in compliance with the FADs (Facility Accessibility Design Standards) for the provisions related to access and circulation (cf. Section 4.1 of the FADS). CITY'S STRATEGIC COMMITMENT The specific recommendations are viewed as consistent with the Corporation's strategic priority to improve the efficiency, safety and operation of the organization. July 24, 2012 FINANCIAL IMPLICATIONS - 3 - HR- 2012 -06 Option #3 is estimated at $30,000, which includes works related to the upper front lobby. The project has been identified in the 20 Capital budget. Recommended by: Approved by: TD Trent Dark, Director of Human Resources Z-------- Iorfida, Cit Clerk armen Migne cting Chief Building Official Ken odd, Chief Administrative Officer (7/17/2012) Dean lorfida - Re: Council Chamber Costs Page 1 From: Carmen Mignelli To: Dean Iorfida Date: 7/17/2012 11:19 AM Subject: Re: Council Chamber Costs Hi Gentleman,here are the prices I have for Chambers. Carpet 8000.00 Paint 4972.00 Chambers and Lobby Mirror 250.00 Podium 2500.00 Railing 4237.00 total 19,959.00 With the left over from the 30 k I would like to do , New signs in chambers,new logo in front of Mayors station and 19 new name signs to match existing signs in City Hall 2351.48 Drywall columns at elevator and match the stone work from downstairs elevator....5000.00 Feel free to ask further questions. Carmen »> Dean Iorfida 7/16/2012 1:31 PM »> Carmen: I know you've been busy on other matters (!). Do you have the estimates, so I can revise the report accordingly? Thanks Dean L- 2012 -17 Niagaraj1alls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2012 -17 Niagara Falls Bridge Commission Lease Extension Agreement with the City and Region Parts 2, 3 & 4 on Reference Plan 59R -11659 4300 Buttrey Street Our File No.: 2012 -152 RECOMMENDATION That the City renew a joint Lease Extension Agreement with The Regional Municipality of Niagara (the "Region ") and the Niagara Falls Bridge Commission (the "Bridge Commission ") with respect to the lease of the premises located on Buttrey Street and described as Parts 2, 3, & 4 on Reference Plan 59R- 11659, Niagara Falls (the "Demised Premises "). EXECUTIVE SUMMARY That a joint Lease Extension Agreement with the Region and City and the Bridge Commission be extended for a further term of five (5) years, commencing May 1, 2012 to April 30, 2017, upon the same terms and conditions as contained in the original Lease Agreement and Lease Extension Agreement, save and except for the rent payable and the right of further renewal. BACKGROUND In 2002, the City and Region jointly purchased the lands described as Parts 2, 3, & 4 on Reference Plan 59R -11659 as part of the lands to be developed for a future high rate treatment facility and sewage pumping station. On April 5, 2002, the City and Region entered into a Lease Agreement with the Bridge Commission (the "Lease "), to permit the Bridge Commission to continue to use the Demised Premises for parking purposes. As per the terms of the original Lease Agreement, the City and Region are each entitled to fifty (50) percent of the rental income and both the Landlord and Tenant have the option to terminate upon sixty (60) days notice. The Bridge Commission covenants to pay its proportionate share of all realty, municipal, school and local improvement taxes, to maintain and pay all premiums for general public liability insurance in the amount of $2,000,000.00 with the City and Region named as additional insureds, and to landscape and maintain and keep the Demised Premises in a tidy and orderly condition. July 24, 2012 - 2 - L- 2012 -17 The term of the Lease Agreement was extended to April 30, 2012 by Lease Extension Agreement dated April 5, 2007. The Region has prepared the Lease Extension Agreement and is recommending that the rent increase by 2.5 percent each year as set out in the Lease Extension Agreement. The rate was negotiated by the Real Estate Section at the Region and they are satisfied that it represents the market rate. Staff have no basis upon which to question the Region's reasoning and recommendation. LIST OF ATTACHMENT • Aerial Photograph Recommended by: Respectfully submitted: L. Banks Attachments Ken Beaman, City Solicitor L'a-adj Ken Todd, Chief Administrative Officer Location Map Subject Land; July 2012 Niagara&Ils REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works Department MW- 2012 -39 2012 Surface Treatment Program Tender Award - Contract #2012 -08 MW- 2012 -39 July 24, 2012 RECOMMENDATION 1. That the Surface Treatment Contract be awarded to the lowest bidder Norjohn Contracting & Paving Ltd. at the tendered price of $394,100.76. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Surface Treatment maintenance contract is completed each year with the goal of improving the road network within the rural areas of the City of Niagara Falls. The roads to be surface treated can be seen on the attached maps. The lowest tender was received from Norjohn Contracting & Paving Ltd. in the amount of $394,100.76. This contractor has previously performed similar type projects for the City. Staff is of the opinion that this contractor is capable of successfully undertaking this project. BACKGROUND The Tender Opening Committee, in the presence of the Deputy City Clerk Mr. Bill Matson, and the Project Manager, Chris Anders opened tenders on Tuesday, June 26, 2012 at 1:30 p.m. for the above noted contracts. The contract tender documents were picked up by two (2) Contractors and two (2) bids were received. Listed below is a summary of the totalled tender prices, excluding HST, received from the Contractors: Contractor City Tender Price 1. Norjohn Contracting & Paving Ltd. Niagara Falls, ON $ 394,100.76 2. Circle P. Paving Stevensville, ON $ 415,550.00 July 24, 2012 FINANCIAL IMPLICATIONS -2- MW- 2012 -39 The Surface Treatment Program was included in the 2012 Capital Budget, with a budget of $400,000.00. The road sections selected need attention this year to prevent further deterioration that will result in additional capital and operating costs. The program is scheduled to commence July 31, 2012 and all work is to carry through until October 4, 2012, or as long as the weather permits. Surface treatment will be completed up to the budgeted amount utilizing the unit cost in the contract. CITY'S STRATEGIC COMMITMENT The completion of the surface treatment contract will continue to improve the quality of the road network throughout the rural areas of the City of Niagara Falls. This is consistent with Council's infrastructure sustainability priority. LIST OF ATTACHMENTS 1. Local Area Maps (3) Recommended by: Approved by: CA Geoff Holm4_41 , Dire for of Municipal Works Ml,'RE S it NIAGARA PARKWA ^snn s-s- II R MF r ` NCNBTIN - J I AE NEIRENVER RD REIAINCER 1 LCGAN MARSHALL RD !I WIL1 ICK RD — - - III I,.III II a 1 01 11 1 0l,1 � II WEAVER RD 11,1 II 1II11I� MARSHALL RI]. _ _ 1 NiagarnAgf III I I III i l 1 li MUNICIPAL WORKS 11 � 111 0 ua_cK RD SCALE N.T.S. = DIRFC "OR Cr tvILJNOCIPAL WOHKS DATE 2012 Si irfaro TrAatmAnt of Rnarlc DATE 06/07/2012 FILE. NO. MAP 2012 -08 1 MEW ©URN RD. O fy I MONiRCSE ROAD G Q' Y I >,) l u ;i` V / III z of 1 R n' rR APPROVED DIRECTOR CDR \AUNICICAL WORKS DATE Niagaratq MUNICIPAL WORKS SCALE N.T.S. DATE 06/07/2012 2012 I FILE. NO. MAP Surface Treatment of Roads 2012 -08 2 VrW3 -2N RD. I� 0I R= VANS AAAA 0 T rCT�J�`�A�� Ili SCHOL)IELD RD. o GREE N BOJ��_ 0 z li WOODINGTO�,� Vi _ K --s ! A. -cc-- ST I WCCCV'� DJ 1 _ /��a� PNa A'- CASEY S' _ — Q I ., ' —DWA'_ -AC (D', <1 )- -->. ' i - L - ,- t, � I .. r SCALE APPROVED Niagaraftlia LORINC CRES. MUNICIPAL WORKS N.T.S DIRECTOR OF MUNICIPAL 'NORKS DATE 2012 Surface Treatment of Roads DATE 06/07/2012 FILE. NO. MAP 2012 -08 3 MW- 2012 -40 NiagaraJalls July 24, 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 -40 Willoughby Drive Extension Construction Development Agreement - Neil and Natalina Barratt RECOMMENDATION 1. That the City enter into a Development Agreement with the adjacent landowner, Neil and Natalina Barratt, that would provide for the construction of Willoughby Drive north of Detenbeck Road in accordance to the terms of the Agreement. 2. That the Mayor and Clerk be authorized to execute the necessary Development Agreement. EXECUTIVE SUMMARY The Development Agreement would set out the terms and conditions for the construction of this road. The entire cost of construction will be borne by the abutting landowner which will provide proper access to the adjacent lands. This Agreement will ensure the road will be constructed to current rural road standards to the City's satisfaction. This agreement will allow for the usual requirements while working in the City's road allowance such as insurance, indemnification clauses and compliance of all laws, rules and regulations. BACKGROUND Staff were contacted by the abutting landowner regarding the requirements necessary to obtain a building permit on the abutting lands being immediately north and east of the Willoughby Drive and Detenbeck Road intersection. Both roads north and east of this intersection are currently classified as unopened roads that are sub - standard for public access. A condition of permit will be that the subject lands be accessed from an improved road to minimum rural road standards. The landowner was advised of the construction requirements which involved obtaining the construction cost estimate for inclusion in the Agreement (which has been submitted). The landowner is also aware that all costs will be borne by themselves including the submission of appropriate securities and payment of all City's fees necessary to prepare the agreement and inspect the construction. All securities will be returned to the landowner once the construction is completed to City standards. ANALYSIS /RATIONALE The Development Agreement will result in the landowner constructing the Willoughby Road extension 60.96 m (200 feet) north of Detenbeck Road to minimum City standards. This July 24, 2012 - 2 - MW- 2012 -40 improved road will meet access requirements necessary for the issuance of a building permit on these lands. FINANCIAL IMPLICATIONS The landowner will be responsible for all costs associated with the construction of the road. The City will be in possession of securities representing the full cost of construction which will be returned once the works are constructed to City standards. The Agreement will also provide for the payment of administration and inspection fees necessary to ensure compliance to the rural road specifications. LEGAL IMPLICATIONS The abutting landowner will be required to enter into the Development Agreement with the City that sets out the terms and conditions necessary to extend the road in accordance to City Standards. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to establish infrastructure investment priorities and to continue to monitor the efficiency of the organization. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Rick Volpini o Geoff Holman, Directo r Mu nicipa(Works Ken Todd, Chief Administrative Officer Location Map Willoughby Drive Extension Willoughby Dr from Detenbeck Rd 200 ft North of Detenbeck Rd Location Map July 2012 This data is provided as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer MW- 2012 -41 Niagara,Falls July 24, 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 -41 2012 Asphalt Overlay Program - Phase 1, 2 and 3 Tender Award - Contract #2012 -03 RECOMMENDATION 1. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 1 to Norjohn Contracting & Paving Ltd. at the tendered price of $624,459.99. 2. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 2 to Norjohn Contracting & Paving Ltd. at the tendered price of $419,249.28. 3. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 3 to Circle P Paving at the tendered price of $171,502.50. 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Asphalt Overlay Program is derived from the City's pavement management system which evaluates each road section based on its structural condition (shape), ride condition (smoothness) and surface distress (cracking and potholes). The condition rating is helpful in determining which sections should be resurfaced and which require reconstruction. Annual asphalt overlay contracts are called to provide timely maintenance to prolong the life of the roadway and postpone the higher cost of reconstruction. Phase 1 of the Overlay Program consist of all of the streets that require top asphalt. These are roads that were part of a capital project that have passed the one year maintenance period and can now be completed. Phase 2 of the Overlay Program consists of older streets that are in need of rehabilitation. This is done through milling, base repairs and replacement of the base and top asphalt. Phase 3 of the Overlay Program is a continuation of our trial of utilizing surface treatment in the City. The roads selected for this program require sewer or watermain replacement in the next few years, or areas with low traffic volumes. For Phase 1 the lowest tender was received from Norjohn Contracting & Paving in the amount of $624,459.99. This contractor has previously performed similar type projects for July 24, 2012 - 2 - MW- 2012 -41 the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The contract value is below the approved budget allocation for this project. For Phase 2 the lowest tender was received from Norjohn Contracting & Paving in the amount of $419,249.28. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The contract value is below the approved budget allocation for this project. For Phase 3 the lowest tender was received from Circle P Paving in the amount of $171,502.50. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The contract value is below the approved budget allocation for this project. BACKGROUND The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida and the Project Manager, Chris Anders opened tenders on Tuesday, July 17, 2012 at 1:30 p.m. for the above noted contracts. Phase 1 Tender documents for Phase 1 were picked up by six(6) contractors and five(5) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors: Contractor City 1. Norjohn Contracting & Paving 2. Rankin Construction Inc *3. A -1 Asphalt Maintenance Ltd 4. Brennan Paving Limited 5. Economy Paving Niagara Falls, ON St. Catharines, ON Dundas, ON Port Colborne, ON Niagara Falls, ON Tender Price Corrected Bid $624,459.99 $632,793.00 Incomplete Tender $721,075.00 $766,000.00 ( *Please note, A -1 Asphalt Maintenance Ltd failed to submit a unit price for item C10aiii). Phase 2 Tender documents for Phase 2 were picked up by seven(7) contractors and seven(7) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors: Contractor 1. Norjohn Contracting & Paving 2. Rankin Construction Inc 3. A -1 Asphalt Maintenance Ltd 4. Alfidome Construction Ltd. 5. Circle P Paving 6. Brennan Paving Limited 7. Economy Paving City Niagara Falls, ON St. Catharines, ON Dundas, ON Niagara Falls, ON Stevensville, ON Port Colborne, ON Niagara Falls, ON Tender Price Corrected Bid $419,249.28 $427,205.00 $452,646.27 $465,189.50 $479,940.00 $497,480.50 $500,000.00 July 24, 2012 Phase 3 - 3 - MW- 2012 -41 Tender documents for Phase 3 were picked up by six(6) contractors and two(2) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors: Contractor City Tender Price Corrected Bid 1. Circle P Paving Stevensville, ON $171,502.50 2. Norjohn Contracting & Paving Niagara Falls, ON $179,436.52 ANALYSIS /RATIONALE Asphalt Overlay Phase 1 The candidate road sections selected for this year's program are listed below and shown graphically on the attached maps. Drummond Road from Kerr Street to Village Crescent Dunn Street from Stanley Avenue to Ailanthus Avenue Fourth Avenue from Armoury to Jepson Street St Clare Avenue from Queen Street to Park Street St. Lawrence Avenue from Queen Street to Park Street Queen Street from Erie Avenue to St. Lawrence Avenue Asphalt Overlay Phase 2 The candidate road sections selected for this year's program are listed below and shown graphically on the attached maps. Cowan Crescent — All Eleanor Crescent — All Janet Crescent — All Kenwood Crescent — All Sheppard Crescent — All Prior Crescent — All Hiram Street from Ontario Avenue to River Road St. George Avenue from O'Neil Street to Russel Street (full depth mill, base, top) Recycled Asphalt Test Phase 3 In an ongoing effort to extend the useful life of the road system, staff have sought alternatives to the asphalt patching program. In this regard, staff have been examining the feasibility of implementing test areas under the Road Rehabilitation Program using recycled materials. The objective is to find a combination of materials that produce an acceptable finished product at a reduced cost and reduced impact on the environment. There are two goals of this program. First, this work is used to bridge the gap between the present day and the start of the underground infrastructure work, essentially buying time or deferring a larger capital investment. Secondly, it may provide another alternative to a traditional overlay on streets with lower traffic volumes. July 24, 2012 - 4 - MW- 2012 -41 Recycled asphalt is a heavily promoted "best practice" in the Province. Recently, larger scale applications have been used throughout the City with considerable success which have prompted staff to continue with test sections in an urban cross section. Utilizing recycled materials has many benefits to the environment. They divert materials away from the landfill, they reduce the dependancy on virgin aggregates, reduce the dependancy on oil (Asphaltic Cement, AC) which are subject to frequent price fluctuations. They also reduce the amount of green house gases produced. These gases are reduced on the production side, mining aggregates and drilling for oil, producing hot mix asphalt, but also on the construction side by using less AC in the production of the materials. This work is a continuation of a pilot project to see how these materials perform under real conditions. Each step of the process will be documented so improvements can be made each year. Given the current number of deteriorating roads that require underground infrastructure work and the challenges faced with budgeting each year, this program may prove to be beneficial in the up coming years. In 2011 this method was used on Longhurst Avenue, Elberta Avenue and Gladstone Avenue. These roads are slated for reconstruction in the future. Given the success of these sections, City Staff would like to further test this method on a traditional urban cross section. The candidate road sections selected for this year's program are listed below and shown graphically on the attached maps. Homewood Avenue - from Bridge Street to Morrison Street Marion Avenue - from Russell Street to O'Neil Street Roseland Crescent - All Homewood Avenue is a full urban cross section with high traffic volumes. This road is has severe cracking and City Staff are looking to extend the pavement life until the road can be reconstructed in the future. Marion Avenue and Roseland Crescent are local streets that have lower traffic volumes. These roads have sunken areas along with cracking. The goal is to use the rap material to reshape the road improving drainage and the surface treatment will provide a new driving surface. This will test how adaptable this method is to an urban cross section and how well it performs when subjected to high traffic volumes and low volumes. These sections will be monitored to see how well they perform. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The project is scheduled to commence July 31, 2012 and all work is to carry through until completion. The work identified in the tendered prices can be funded from the approved 2012 Capital Budget. The overlay contract has a contingency allowance to allow for fluctuations in the market price for asphaltic cement. July 24, 2012 CITY'S STRATEGIC COMMITMENT - 5 - MW- 2012 -41 The recommendation is consistent with Council's strategic priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. 2012 Asphalt Overlay of Roads - Phase 1 2. 2012 Asphalt Overlay of Roads - Phase 2 3. 2012 Asphalt Overlay of Roads - Phase 3 Recommended by: Respectfully submitted: Chris Anders Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer • PARK ST. HURON 2 tV HURON MORRISON ORRIS r LE _ m RAWFORD ELLIS S ELLIS ST WILLMOTT S SIMCOE ST VAL EY SIMCOE ST. SIMCOE ST. AMPFIELD T of vi JEPSON ST. JEPSON ST JEPSON T KINCA FERRY BUCHNER PL. SPENCE S KER ST. PEER ST EER LN ROBINSON STREET STOKES ST. OOKFIELD ACM DR. AINSLIE CRES. ST THOMAS MORE DR DUNN ST. TOBY CRE5. MARGARET ST. LOA G5 CHURCHILL ST VILLAGE GRE5 NCLEOO APPROVED SCALE NiagaraJ� is DIRECTOR OF MUNICIPAL WORKS MUNICIPAL WORKS N.T.S. 06/20/2012 2012 Asphalt Overlay of Roads - Phase 1 FILE. NO. 2012 -03 APPROVED NiagaraMjs, DIRECTOR OF MUNICIPAL WORKS DATE MUNICIPAL WORKS 2012 Asphalt Overlay of Roads - Phase 2 FILE. NO. MAP 2012 -03 CMICKING ST. BROCK ST. UTERNE PL. u_ BBEY CIRCLE BRIAN CRES. ONEIL ST. HAMILTON ST. MENZIE ST. MAPLE ST. HURON ST. MORRIS ST. QUEEN HURON JJ m RAWFORD SIMCOE ST. AMPFIE JEPSON ST. APPROVED SCALE MUNICIPAL WORKS N.T.S. 06120/2012 DIRECTOR OF MUNICIPAL WORKS DATE 2012 Asphalt Overlay of Roads - Phase 3 FILE. NO. 2012 -03 MW- 2012 -43 NiagaraJalls July 24, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2012 -43 Deerfield Estates Phase 9 (River Realty) Request to Amend Subdivision Staging RECOMMENDATION That Council agree to amend the staging of the Deerfield Estates Phase 9 Subdivision subject to the full payment of the Development Charges owing in Stage 2 and the payment of additional administration fees covering the costs of preparing the amending documents. EXECUTIVE SUMMARY The Deerfield Estates Phase 9 Plan of Subdivision was approved by City Council in 2011 and is the being developed under the terms and conditions of a Subdivision Agreement registered August 17, 2011. The development is to be constructed in three stages, the first of which is under construction. The developer (River Realty Development (1976) Inc.) is requesting that they amend the second stage to allow for the construction of 7 lots initially (Stage 2a) and the remaining 42 lots (Stage 2b) at some point in the future, presumably as the market conditions require them. The Subdivision Agreement requires the developer to post securities and make Development Charge and administrative payments for all lots under construction in any given phase. Staff have no objection to splitting the second stage subject to the following conditions; 1. That the developer pay the Development Charges owing for all of the 49 lots originally planned for the second phase; and, 2. That the developer pay additional administrative fees associated with amending the original Subdivision Agreement. The purpose of this report is to seek Council's authorization to amend the Subdivision Agreement to reflect the new phasing schedule. BACKGROUND The Deerfield Estates Phase 9 Subdivision is located on the west side of Kalar Road, between Forestview Boulevard. and Lundy's Lane. The entire project consists of 207 single family and street townhouse lots as well as two multi - family and two condominium townhouse blocks. The development was staged in three phases based on the availability of downstream storm drainage servicing and the construction of a permanent secondary access. July 24, 2012 - 2 - MW- 2012 -43 One of the requirements of advancing the first phase was the prepayment of the Storm Drainage portion of the Development Charges ($2,246 / lot) for all Tots and blocks in the Subdivision upon registration of the Subdivision Agreement. The downstream drainage work on the Warren Creek is now complete and has been funded primarily using Development Charge revenues. The second permanent access has been accommodated by the extension of St. Michael Avenue by the adjacent developer. Attached to this report is a location plan showing the current and proposed staging (see attachment "1"). Also attached is a copy of the request from the developer in a letter dated, July 16, 2012. ANALYSIS /RATIONALE Under the terms of the Subdivision Agreement the developer is required to post securities (in the form of Letters of Credit) to cover the cost of construction the roads, sewers, watermains and other related infrastructure necessary for the issuance of building permits. The developer wishes to proceed with only a portion of the second phase (7 of the 49 lots). The staging of construction allows the developer to provide letters of credit to cover only the lots they are most likely to sell. Staff have no objection to this approach but are recommending that in consideration for this flexibility and convenience, the developer should be required to remit payment of Development Charges for the entire stage (i.e. all 49 Tots) and to cover the administration costs of having to amend the Subdivision Agreement. This position is consistent with Council's strategic priorities to make the funding of growth related Capital projects sustainable and re- direct financial risk back to the development community. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Development Charge revenues help to fund a number of Capital Works projects serving this immediate area including the planned improvement of Kalar Road. The Storm Drainage portion of the Urban Services Development Charge for all phases was prepaid at the registration of the original Subdivision Agreement. The outstanding amount is calculated as follows. Urban Services Development Charge Less: Prepaid Storm Services Total DC Owing $3708/lot x 49 lots = $181,692 $5,954/lot ($2,246/lot) $3,708 /lot By collecting the Development Charge contemplated in the original Subdivision Agreement the City can continue to advance those Capital Works funded from this revenue stream on schedule. July 24, 2012 - 3 - MW- 2012 -43 In addition, staff are recommending that the administration costs associated with the amendment of the Subdivision Agreement to charge to the developer to cover the costs of accommodating this request. According to the latest Schedule of Fees for Services this amount would be $1,650 (including HST). CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priority to improve infrastructure sustainability and financial sustainability. LIST OF ATTACHMENTS 1. Proposed Staging Plan 2. Letter from River Realty Development (1976) Inc., dated July 16, 2012 Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Direcfor of Municipal Works Ken Todd, Chief Administrative Officer Schedule - Page Schedule A Revised Deerfield Phase 9 This is not a Plan of Survey K: \GIS_Requests \2011 \Schedule\ Subdivision \Deerfield Phase9 \m_plan_schedule. map Subdivision Plan Stages 1 -3 Existing Property Parcels Road Allowance N s Scale 1:NTS July 2012 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 TELEPHONE (905) 354 -3853 P.O. BOX 576 FAX (905) 354 -1816 12i0er ltealt/ lleoelopment (1976) Inc. Municipal Works Scanned Fie:! ()) Q -.v1' July 16, 2012 Mr. Geoff Holman City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Holman: Re: Deerfield Estates Phase 9, Stage 2 Lots 1 -7 and 165 -206 As you know. all of the above lots have been serviced with water, sanitary and storm. We respectfully request to divide the above stage 2 into Phase 1 and 2. At this time, we are looking to complete the curb, base asphalt, hydro, bell and gas and obtain building permits for Lots 1 -7 (only). From our standpoint, we would prefer to only provide the necessary cash and securities covering Lots 1 -7. Would you kindly review the above request and provide your thoughts. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. Per: John Mestek, B.A. General Manager JM /am MW- 2012 -44 Niagaraaalls July 24, 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 -44 Dixon Street/Cleveland Avenue Municipal Services Improvements Tender Award - Contract #2012 - 212 -08 RECOMMENDATION 1. The Contract be awarded to the lowest bidder Nexterra Substructures Inc. at the tendered price of $692,898.20. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY In an effort to address the on -going concerns of this area regarding traffic volumes and periodic basement flooding occurrences, it is necessary to upgrade and re -route traffic in this area to eliminate the opportunity of tourist related traffic utilizing residential roads as set out in the Main Street EA Study. This project will provide for the construction of new storm sewers that will greatly assist in relieving drainage issues while also replacing existing sanitary sewers, watermains, sidewalks along with a new road including curb and gutters. BACKGROUND This area has been subject to periodic basement flooding conditions and regular road flooding during intense rainfall events. The project involves the construction of storm sewers, watermain, sanitary sewers, and sidewalk replacement as well as complete road reconstruction. This project has been approved by the Region as meeting the requirements for combined sewer overflow funding for the storm sewer construction costs. The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida and the Manager of Supply and Services, Ray Miller opened tenders on Tuesday July 17, 2012. Tender documents were picked up by eleven (11) Contractors and six (6) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown bold and marked with an asterisk ( *). July 24, 2012 Contractor 1. Nexterra Substructures Inc. 2. Cenntenial Infrastructure 3. Peters Excavating Inc. 4. Provincial Construction Ltd. 5. Alfred Bean Excavating Ltd. 6. Alfidome Construction Ltd. ANALYSIS /RATIONALE - 2 - City Niagara Falls, ON NOTL, ON Stevensville, ON Niagara Falls, ON Fort Erie, ON Niagara Falls, ON MW-2012-44 Tender Price Corrected Bid $692,898.30 $727,234.50 $748,921.00 $792,555.17 $841,598.33 $843,058.00 *$792,507.17 The lowest tender was received from Nexterra Substructues Inc. in the amount of $692,898.30. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $895,265. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within 65 working days of construction start. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2012 with a budgeted expenditure of $1,709,860. CITY'S STRATEGIC COMMITMENT Implementation of the Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Rick Volpini Geoff Holman, Director of Municipal Works Ken T d, Chief Administrative Officer Dixon St & Cleveland Ave - Municipal Services Improvements Dixon Street from Cleveland Avenue to Stanley Avenue Cleveland Avenue from Dunn Street to Dixon Street Murray St Murray St Allendale Ave Main St Location Map N 1:4706 Fallsview Blvd l_evel Ave ixon St leveland Ave Stanley Ave Niagaraf?gIIs Dunn St Failsview Blvd July 2012 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer MW- 2012 -33 Niagaraaalls July 24, 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 -33 Authorization to Execute Contract Documents Various Municipal Works Capital Projects RECOMMENDATION That the Mayor and Clerk be authorized to execute contract documents for specified Capital Works projects that have been approved in the 2012 Capital Budget and identified by the Director of Municipal Works. EXECUTIVE SUMMARY The current schedule for Council meetings provides limited opportunity for Municipal Works staff to report tender results and seek authorization for the execution of certain time - sensitive contracts. The procurement policy requires expenditures of $100,000 or more to be approved by City Council. For those projects that are best suited for summer construction or need to commence in order to be completed before the onset of winter weather it is important that the works be allowed to proceed forthwith. The purpose of the report is to delegate authority to the Mayor and Clerk on the advice of the Director of Municipal Works, to execute the necessary contract documents for those time - sensitive projects that are within the approved 2012 Capital Budget and are awarded to the lowest qualified bidder. BACKGROUND The public tender process is an important element of the City's procurement policy and is designed to ensure the acquisition of goods and services is completed in a competitive and transparent manner. The Municipal Act requires municipalities entering into contracts to pass bylaws authorizing the Mayor and Clerk to sign these documents. The Council schedule for the summer months includes one meeting in July and none in August which, if we follow our standard procedures, would force the close of tenders in time to prepare reports and bylaws for the July 24, 2012 meeting. Alternatively, the tender award would have to wait until September 11, 2012. July 24, 2012 - 2 - MW- 2012 -33 The closure of multiple tenders on the same day creates an administrative challenge to prepare the documents in a timely manner. In addition, contractors are forced to select which tender on which to bid as they may not have the resources to compete on all of the contracts. This effectively defeats any advantage the municipality might gain from competitive bidding if the closing dates are staggered. The following is a list of projects scheduled for summer construction in 2012: Project Description Approved Budget 1 Chippawa Parkway, Flynn, Cook Watermain Replacement Watermain Replacement and Road Improvements $696,900 2 Crack Sealing Program Asphalt Pavement Crack Sealing Contract for various city streets. $70,000 3 Don Johnson Parking Lot Construction New Parking Lot for Don Johnson Park $150,000 4 Oakwood Drive North Watermain Replacement Watermain Replacement $585,200 5 Second Avenue and Hamilton Street Reconstruction Watermain Replacement, Sewer Separation works and Road Reconstruction $1,601,900 ANALYSIS /RATIONALE The list of projects contained in this report are sufficiently funded in the approved 2011 and 2012 Capital Budget and will be awarded to the lowest qualified bidder and comply with the City's procurement policies (apart from the $100,000 limit). Some projects are subject to MOE approval and may be delayed beyond the September 11, 2012 Council meeting. The approval process is beyond the control of staff and therefore, in these circumstances, a construction start date prior to September 11, 2012 cannot be guaranteed. If there is a chance that the contractor is unable to start until after the September 11, 2012 Council meeting staff will follow the standard procedure and submit a report to Council at that time. FINANCIAL IMPLICATIONS The list of projects provided in this report are sufficiently funded in the approved 2011 and 2012 Capital Budget. July 24, 2012 CITY'S STRATEGIC COMMITMENT - 3 - MW- 2012 -33 The recommendations contained in this report meet Council's Strategic Priorities to streamline applications and approval processes and to enhance organizational effectiveness. LIST OF ATTACHMENTS 1. Project Location Maps 2. Summer Tendering Schedule Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, [Director of Municipal Works Ken odd, Chief Administrative Officer Attachment MW- 2012 -33 PROGRAM /PROJECT: CHIPPAWA PARKWAY WATERMAIN REPLACEMENT 2011 BUDGET: $258,500 PROJECT MANAGER: CHRIS ANDERS EXT. 6206 PROGRAM /PROJECT DESCRIPTION: Watermain Replacement on Chippawa Parkway from Thomas Street to Pumping Station. PROJECT INCLUDES: 325m watermain replacement and appurtenances TENTATIVE PROJECT SCHEDULE: SUMMER - FALL of 2012 6 NiagaraJails PROGRAM /PROJECT: COOK STREET WATERMAIN 2011 BUDGET: $266,100 PROJECT MANAGER: CHRIS ANDERS EXT. 6206 PROGRAM /PROJECT DESCRIPTION: Watermain Replacement on Cook Street between Prince Edward Avenue and Woodland Avenue. PROJECT INCLUDES: 125m watermain replacement and road reconstruction TENTATIVE PROJECT SCHEDULE: SUMMER -FALL of 2012 7 Niagara 'alts PROGRAM /PROJECT: FLYNN COURT RECONSTRUCTION 2012 BUDGET: $172,300 PROJECT MANAGER: CHRIS ANDERS EXT. 6206 PROGRAM /PROJECT DESCRIPTION: Flynn Court PROJECT INCLUDES: New watermain, sanitary and full road reconstruction. TENTATIVE PROJECT SCHEDULE: FALL 13 Niagara,7aalls PROGRAM /PROJECT: DON JOHNSON PARKING LOT 2012 BUDGET: $150,000.00 PROJECT MANAGER: JEFF CLAYDON EXT. 3334 PROGRAM /PROJECT DESCRIPTION: Construction of a paved and curbed parking lot on Hydro Lands adjacent to Don Johnson Park for the various slo -pitch teams that use the park diamond. Approximately 60 spaces. PROJECT INCLUDES: New Parking Lot, curbing, paving, storm drainage and Lighting. TENTATIVE PROJECT SCHEDULE: FALL - WINTER 9 Niagara) g1Is PROGRAM /PROJECT: OAKWOOD DRIVE WATERMAIN REPLACEMENT 2011 BUDGET: $585,200 PROJECT MANAGER: CHRIS ANDERS EXT. 6206 PROGRAM /PROJECT DESCRIPTION: Watermain replacement on Oakwood Drive from McLeod Road to north limit. PROJECT INCLUDES: 960m watermain replacement and appurtenances TENTATIVE PROJECT SCHEDULE: SUMMER - FALL of 2012 19 Niagaraj3alls PROGRAM /PROJECT: SECOND AVENUE & HAMILTON STREET RECONSTRUCTION 2011 BUDGET: $1,601,900 PROJECT MANAGER: CHUCK MCLEOD EXT. 4217 PROGRAM /PROJECT DESCRIPTION: Second Avenue from Bridge Street to north limit. Hamilton Street from Second Avenue to Third Avenue. PROJECT INCLUDES: 400m road reconstruction, sewer separation, new watermain and new sidewalks. TENTATIVE PROJECT SCHEDULE: SUMMER - FALL of 2012 21 Niagarafalls Municipal Works - Construction Tendering Schedule - Summer 2012 Revised July 9, 2012 Contract # Name Pro'ecf Manager Advertisment Due Tender on Tender Closing i g Council Approval Counter Date 2012 -08 2012 Surface Treatment Pro•ram Chris Anders June 6, 2012 June 12, 2012 June 26, 2012 Jul 24, 2012 / MW- 2012 -39 2012 -03 2012 As•halt Overla - Phase 1 Chris Anders June 27, 2012 Jul 3, 2012 Jul 17, 2012 Jul 24, 2012 / MW- 2012 -41 2012 -03 2012 As•halt Overla - Phase 2 Chris Anders June 27, 2012 Jul 3, 2012 Jul 17, 2012 Jul 24, 2012 / MW- 2012 -41 2012 -03 2012 As•halt Overla - Phase 3 Chris Anders June 27, 2012 Jul 3, 2012 Jul 17, 2012 Jul 24, 2012 / MW- 2012 -41 2012 - 212 -08 Dixon Street & Cleveland Avenue Reconstruction Rick Vol.ini June 27, 2012 Jul 3, 2012 Jul 17, 2012 Jul 24, 2012 / MW- 2012 -44 2012 - 283 -12 Don Johnson Park Parkin. Lot Jeff Cla don Jul 4, 2012 Jul 10, 2012 Jul 24, 2012 Jul 24, 2012 / MW- 2012 -33 2012 -09 Crack Sealing Pro•ram Chris Anders Jul 11, 2012 Jul 17, 2012 Jul 31, 2012 Jul 24, 2012 / MW- 2012 -33 2012 - 249 -11 Second Avenue & Hamilton Street Reconstruction Chuck McLeod Jul 18, 2012 Jul 24, 2012 Au•ust 7, 2012 Jul 24, 2012 / MW- 2012 -33 2012- 255 -11 Oakwood Drive North Watermain Re.lacement Chris Anders Jul 25, 2012 Jul 31, 2012 Au.ust 14, 2012 Jul 24, 2012 / MW- 2012 -33 2012- 267 -12 2012 New Sidewalk Pro•ram* Kent Schachowsko Au.ust 1, 2012 Au.ust 7, 2012 Au.ust 21, 2012 Se•tember 11, 2012 2012 -02 2012 Sidewalk and Concrete Re•air Pro•ram* Chris Anders Au.ust 1, 2012 Au•ust 7, 2012 Au.ust 21, 2012 Se•tember 11, 2012 2012 - 284 -12 Deerfield Park Develo•ment Jeff CIa don Au.ust 1, 2012 Au.ust 7, 2012 Au.ust 21, 2012 Se•tember 11, 2012 2012 - 253 -11 Chi. sawa Parkwa , Fl nn, Cook Watermain Re•Iacement Chris Anders Au•ust 8, 2012 Au•ust 14, 2012 Au•ust 28, 2012 Jul 24, 2012 / MW- 2012 -33 Pla s•ace Imerovement Pro•ram David Antonsen Au•ust 15, 2012 Au•ust 21, 2012 Se•tember 4, 2012 Se.tember 25, 2012 * - Tendered as one contract imisamiumumal * - Tendered as one contract PD- 2012 -26 Niagararalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -26 TARG- 2011 -001, "Revised" Brownfield Rehabilitation Grant Agreement - 7549 Kalar Road - 2124484 Ontario Ltd. (Warren Woods Development) Agent: Luciano Piccioni - RCI Consulting RECOMMENDATION That Council approve the "Revised" Brownfield Rehabilitation Agreement for 7549 Kalar Road and that the Mayor and Clerk be authorized to sign the agreement. EXECUTIVE SUMMARY City Council approved the Rehabilitation Grant Application for the former AA Auto Salvage at 7549 Kalar Road on October 3, 2011. The City's standard agreement has been requested to be revised by the owner such that the grant will commence upon written request by him and following all the requirements having been met, within 10 years of the execution of the agreement. A further change is to allow the grant to be provided for up to 7 years after the date of the written request by the owner. Therefore, the maximum period for which the agreement will apply is 17 years. The City's standard agreement provides the financial grant to be applicable for 7 years in areas located within the general urban area. The extension request is because of the large number of units being constructed which includes four buildings. The agreement has also been revised to reflect the percentage of development charges being credited to the owner. The City's Brownfield CIP provides an opportunity for the owner to apply the rehabilitation costs against the development charges payable as part of the Rehabilitation Grant. BACKGROUND When Council approved the Rehabilitation Grant in October, 2011, there was no agreement attached to the report. The approved recommendation was that Council approve the grant subject to the applicant meeting the program requirements, including the entering into an agreement with the City. As noted above, the standard draft agreement used by staff has been revised by the owner by extending the years to which the agreement will apply and the percentage of development charges exemption. It is based on these changes that staff is seeking Council's approval of this report. In the future, for Rehabilitation Grant Applications, staff will endeavour to have the agreements prepared in advance, have them signed by the owner and attached to the staff report. July 24, 2012 - 2 - PD- 2012 -26 The site of the former AA Auto Salvage is 1 hectare (2.5 acres) in size and will be developed with four separate buildings totalling 84 residential condominium units. FINANCIAL IMPLICATIONS The maximum eligible grant is estimated to be $628,792 with $578,792 being environmental costs and $50,000 being for on -site infrastructure upgrading costs. The proponent will be required to substantiate these costs with proper invoices. In accordance with the Brownfield CIP, the Rehabilitation Grant Program provides an option whereby the costs of rehabilitation can be applied against the development charges payable which will be deducted from the grant to be paid. This amount is up to 75% of the City's Development Charge that will be applied at the building permit stage. Up to an additional 25% of the Development Charge can be provided if the proposal includes Smart Growth principles of the Region. The Region has not granted full exemption of the property pending a reconsideration once their Smart Growth principles are revised. City staff is proposing a similar approach to the Region whereby when the Region revises their Smart Growth principles, reconsideration of an additional 25% of the Development Charge exemption will be carried out. CITY'S STRATEGIC COMMITMENT The approval of the attached agreement will satisfy Council's strategic priority by implementing the financial incentive programs of the Brownfield CIP and encourages the remediation and redevelopment of a former motor vehicle and salvage yard site into a productive urban land use. LIST OF ATTACHMENTS ► Appendix 1 Location Map ► Appendix 2 Concept Plan for the Proposed 84 -Unit Condominium ► Appendix 3 Copy of Signed Agreement by the Owner Recommended by: Respectfully submitted: B.Bolibruck Attach. -Alex Herlovitch, Director of Planning, Building & Development Ken To d, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -26, Revised Rehab. Agreement, 7549 Kalar Road.wpd July 24, 2012 - 3 - APPENDIX 1 PD-2012-26 July 24, 2012 - 4 - APPENDIX 2 PD-2012-26 / .7 . THIS REHABILITATION GRANT AGREEMENT made this 25th day of April, 2012. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the City) - and - 2124484 ONTARIO LTD. (hereinafter referred to as the Owner) WHEREAS the City has adopted its Brownfield Community Improvement Plan (the "CIP ") pursuant to the community improvement provisions of the Planning Act; AND WHEREAS the Owner is the registered Owner of the lands known municipally as 7549 Kalar Road, Niagara Falls, and more particularly described in Section 1 and Schedule "A" to this agreement (the "subject lands ") which are located within the City of Niagara Falls; AND WHEREAS the Owner has made application (the "application ") to the City for a grant under the City's Rehabilitation Grant Program; AND WHEREAS a condition of approval of this application for a grant, the Owner is required by the City to enter into this Agreement (the "Agreement "); NOW THEREFORE IN CONSIDERATION OF the City providing a grant to the Owner, the Owner and the City agree as follows: 1. INFORMATION ON SUBJECT LANDS 1.1 The grant shall apply to the subject lands as set out in Schedule "A" attached, which is approximately 1 hectare (2.5 acres) in size. 2. GRANT ELIGIBILITY 2.1 To be eligible for the grant, the remediation/risk management and rehabilitation /redevelopment/construction works on the subject lands (hereinafter referred to as "development "), shall conform to and fulfill: (a) the objectives and requirements of the Rehabilitation Grant Program; and, (b) any other requirements as specified by the City, including the Remedial Action Plan prepared by AMEC, dated June 15, 2011. 2.2 The Owner acknowledges that it has received and read a copy of the City's Rehabilitation Grant Program Guide (the "Guide ") and the CIP, and the Owner covenants with the City 1 that the subject lands shall be developed in accordance with the City's objectives, policies and requirements set out in the Guide and the CIP. 2.3 The owner acknowledges and agrees that the total of all payments provided to the owner and any subsequent owners of the subject lands by the City under the City's Rehabilitation Grant Program and the City's Development Charge Exemption Program will not exceed the total eligible Rehabilitation Grant Program costs as described in paragraph 3.2 of this Agreement, currently estimated at $628,792.82 of which $578,792.82 is eligible for the Development Charges Exemption. 3. GRANT CALCULATION AND PAYMENT 3.1 The annual grant to be paid under the Rehabilitation Grant Program will be calculated as 80% of the increase in municipal (City and Region) property taxes on the subject lands that result from the development. 3.2 The reduction of development charges payable to be provided to the Owner or any subsequent owner of the subject lands under the Development Charge Exemption Program will be dependent upon the type and number of units that the Owner or any subsequent owner of the subject lands elects to develop and said reduction of development charges will be calculated based on the City of Niagara Falls Development Charges that are current at the time of building permit issuance. 3.3 The grant payments shall be calculated according to the formulas and schedules set out in Schedule "B" to this Agreement. 3.4 Subject to the provisos of Schedule "B ", the annual grant will commence upon written request by the Owner following the completion of redevelopment, reassessment by MPAC, and payment of the first year of the new property taxes, provided said written request is made within ten (10) years of execution of this Agreement, and the grant will cease on the earlier of: (a) the point in time when the total of all annual grant payments (including the development charge exemptions) provided equals total eligible Rehabilitation Grant Program costs that have been approved by the City (estimated to be $628,792.82); (b) seven (7) years after the date of the written request by the Owner. 3.5 The actual grant payment amounts will be based on the actual post - project assessed value (AV) as determined by the MPAC and actual applicable City and Region property tax rates. 3.6 In the event the subject lands are subdivided in any way or by any means, the actual post - project assessed value (AV) for each parcel will be determined after the completion of development on that parcel. 3.7 Where at any time after the original development of the subject lands as specified in the approved original Rehabilitation Grant Program application, new construction is added to the subject lands that is not part of the original program application, the grant will be 2 calculated only in respect of the original development contained in the original application, based on the assessed value and property taxes in the last year before revaluation by the MPAC as a result of the new construction added to the subject lands. 3.8 The grant payment shall be calculated by the City based upon, and provided the City is satisfied in its discretion that development of the subject lands took place in accordance with the proposed works as specified in the application, accompanying documentation, and this Agreement. 3.9 The City shall review all cost estimates and documentation submitted in support of the application in evaluating the estimated costs eligible for a grant, which costs, when designated by the City shall constitute the maximum costs eligible for a grant. In the event the City is not satisfied with said cost estimates, the City may substitute their opinion of such amounts for purposes of calculating the eligible costs and maximum total grant. 3.10 If the City is not in receipt of sufficient information satisfactory to the City to determine eligible costs and the amount of grant, there shall be no grant. The decision of the City regarding the total amount of eligible costs, the calculation of the total estimated grant, and the calculation of the actual grant is final and within the City's sole discretion. 3.11 Payment of the grant is subject to the City's review and satisfaction with all reports and documentation submitted in support of the application, including but not limited to, documentation of the estimated and actual costs of eligible works. Any and all of these costs may be, where required by the City, subject to verification, third party review or independent audit, at the expense of the Owner. 3.12 The Owner shall not be entitled to a grant payment unless and until they have met all the conditions of this Agreement to the satisfaction of the City. Except where expressly stated in this Agreement, all conditions in this Agreement are for the benefit of the City and may only be waived by the City. No waiver is effective unless in writing. 3.13 The total sum value of the annual grant payments that may be provided to the Owner shall not exceed the total eligible Rehabilitation Grant Program costs that have been accepted by the City in the amount of $628,792.82. 3.14 Any and all grant payments that have been provided to the Owner will become a debt payable to the City upon notice in writing from the City that one or more of the conditions set out in the application, this Agreement, or the Rehabilitation Grant Program have not been met. 3.15 Grants are not payable by the City until such time as additional assessment eligible for a grant has been added to the assessment roll by the MPAC, property taxes have been billed by the City, and property taxes have been paid in full for one year on the property. 3.16 Annual grant payments to the Owner will not be issued if there is an outstanding tax payment. If at any time after the term of this Agreement, property taxes are owing on a property for more than one full year, the City will have the option, at its sole discretion, to terminate this Agreement and all future grant payments. 3 3.17 The grant is not payable by the City until such time as all assessment appeals relating to the value of the subject lands before the additional assessment or as to the additional assessment as a result of the development of the subject lands have been finally decided. 3.18 The first grant payment as finally determined by the City shall be paid to the Owner by the City, subject to the provisions of this Agreement, following completion and occupancy of the said redevelopment of the subject lands, and during or after the property taxation year in which the property taxes increase as a result of the development. 3.19 In the event that the accepted remediation/risk management works as described in the original Rehabilitation Grant Program application are not commenced within one (1) year of execution of this Agreement, this Agreement shall be at an end, and no grant payments shall be paid to the Owner. The City's decision as to when such works are commenced is final. 3.20 In the event that the accepted rehabilitation/redevelopment /construction works as described in the original Rehabilitation Grant Program application are not completed within ten (10) years of the execution of this Agreement, this Agreement shall be at an end, and no grant payments shall be paid to the Owner. The City's decision as to when such works are completed is final. 3.21 Annual grant payments under the Rehabilitation Grant Program will not be provided by the City until the Owner has satisfied the City that: (a) the development of the subject lands has been completed in accordance with the rehabilitation as described in the application; (b) the Owner has supplied the City with the actual amount of the Rehabilitation Grant Program costs incurred by the Owner; (c) there are no outstanding work orders and /or orders or requests to comply from any City department or other regulatory authority in respect of the subject lands, and the business of the Owner conducted on the subject lands; (d) the Owner and the subject lands are in full compliance with: (i) any Agreement(s) relating to the property in favour of the City, including any Agreement relating to: subdivision, modified subdivision, service, site plan approval, encroachment, joint sewer & water use, easement or other Agreement; and, (ii) bylaws of the City and provincial or federal legislation and regulations; (e) there are no unpaid charges where applicable against the subject lands in favour of the City, including but not limited to: development charges, parkland dedication fees, special assessments and local improvement charges; and, (f) the Owner has not appealed the post - project assessed value and there exists no other pending appeal which has not been settled completely in respect of the post - project assessed value. 4. CORPORATE STATUS 4.1 The Owner warrants and represents to the City that: 4 (a) the Owner has been duly incorporated as a corporation and is in good standing under the Business Corporations Act and is in compliance with all laws that may affect it and will remain so throughout the term of this Agreement; (b) the Owner has the corporate capacity to enter into this Agreement and to perform and meet any and all duties, liabilities and obligations as may be required of it under this Agreement; (c) the Owner is a resident of Canada as of the date of this Agreement and that in the event the Owner ceases to be a resident of Canada, the Owner shall immediately notify the Municipality, and it is agreed, the City may deduct from any or all annual grant payments, such sum(s) as may be required by Canada Customs and Revenue Agency in order to meet the Municipality's obligations as a pay or and the Owner's obligations under the Income Tax Act (Canada) and other applicable laws; (d) to the best of its knowledge and belief, there are no actions, suits or proceedings pending or threatened against or adversely affecting the Owner in any court or before or by any federal, provincial, municipal or other governmental department, commission, board, bureau or agency, Canadian or foreign, which might materially affect the financial condition of the Owner or title to their property or assets; and, (e) the Owner shall notify the City immediately of any material change in the conditions set out in paragraphs (a) -(d) above. 5. PROVISIONS RELATING TO THE OWNER 5.1 At the time the Owner signs the Rehabilitation Grant Agreement, the Owner will provide the City with a certified true copy of a resolution of the Board of Directors of the Owner (certified by an officer of the corporation) that authorizes the Owner to enter into this Agreement with the City. 5.2 At the time of application, the Owner shall submit to the City for its review and acceptance all required documentation and plans for the development of the subject lands. 5.3 The Owner shall rehabilitate and develop the subject lands in accordance with the plans submitted to the City to the extent such plans have been accepted by the City for purposes of the application and this Agreement. 5.4 The Owner shall supply to the satisfaction of the City prior to the issuance of any grant payments, environmental reports and documentation on the subject lands. 5.5 Prior to the issuance of any grant payments, the Owner shall file a record of site condition (RSC) in the Environmental Site Registry under Section 168.4 of the Environmental Protection Act and provide the City with a copy of this RSC, and the Owner will provide the City with proof of acknowledgement of receipt of the RSC by the Ministry of Environment. 5.6 The Owner agrees that the development of the subject lands and buildings thereupon shall be made in compliance with all required building permits, and constructed in accordance 5 with the Ontario Building Code and all applicable zoning by -law requirements, municipal requirements and other approvals required at law. 5.7 The Owner covenants to the City that building(s) and improvements that are the subject of this Agreement will not be demolished, in whole or in part, prior to the advance of all of the grant payments. 5.8 Upon completion of the development, the Owner shall provide the City with documentation satisfactory to the City as to the amount of the actual eligible Rehabilitation Grant Program costs actually incurred by the Owner, and the City shall, in its sole discretion designate the approved total rehabilitation grant available. 5.9 The Owner will provide to the City, upon request, a rehabilitation status report signed by the Owner to confirm the status and completion of the approved eligible works, including, but not limited to, the rehabilitation schedule, the existence and extent of any faults or defects, the value of the work done under any contract, the amount owing to any contractor and the amounts paid or retained by the Owners on any contract. 5.10 The Owner shall ensure there are no liens or other claims outstanding in respect of the subject lands, including its development, all accounts for work and materials which could give rise to any claim for a construction lien against the subject lands have been paid; and there is no default by the Owner with respect to any of the teems of this Agreement. 5.11 The Owner shall ensure that the Owner is in compliance with the Construction Lien Act, including its holdback provisions and is not aware of any potential or unresolved Lien claim in respect of the redevelopment. 5.12 The Owner covenants to the City that the Owner shall use the subject lands in compliance with this Agreement, all municipal by -laws pertaining to use, and all applicable environmental laws. 5.13 The Owner covenants to the City that the Owner will require, as a term of every lease, that tenants of the subject lands comply with all municipal by -laws pertaining to use, and all applicable environmental laws. 5.14 The Owner agrees to comply with all outstanding work orders and/or orders or requests to comply from any and all City departments during the term of this Agreement. 5.15 The Owner covenants to the City that the subject lands shall be maintained in their rehabilitated condition and not recontaminated by the Owner during the term of this Agreement. 5.16 The Owner covenants to the City that the Owner shall not commit or permit any waste to be dumped or any nuisance upon the subject lands, or permit any part of the subject lands to be used for any dangerous occupation or business or for any noxious or offensive trade. 5.17 The Owner's lawyer shall provide the City, prior to the City's execution of this Agreement with their Lawyer's Certificate of Title and Registration to certify to the City, in a form satisfactory to the City's Corporate Counsel that: 6 (a) the Owner named in this Agreement is the registered Owner of the subject property; (b) the Agreement has been executed on behalf of the corporate Owner by individual(s) who have authority to bind the corporate Owner; and, (c) a complete legal description of the subject lands is set out in Schedule "A" of this Agreement. 5.18 Where the Owner continues to own the subject lands, the Owner may assign the grant approved under this Agreement to an assignee, provided the Owner is not in default of any of the terns and conditions set out in the application, this Agreement, and the Rehabilitation Grant Program. 5.19 The Owner covenants to the City that where the Ownership of part or all of the subject lands ceases for any reason to be in the Owner's name by sale, conveyance, assignment or otherwise, prior to the advance of all of the grant, the Owner will notify the City in writing of said change of ownership at least 30 days prior to said change of ownership. 5.20 In the event that after this Agreement is executed, the ownership of part or all of the subject lands ceases for any reason to be in the Owner's name while grant payments remain to be paid, the Owner acknowledges that it may not assign its interest in this Agreement or the remaining grant payments to the new owner without the express written consent of the City. The City, entirely at its own discretion and to its satisfaction, prior to the Owner ceasing to be an owner, agrees that such consent shall not be unreasonably withheld, subject to: (a) the new owner agreeing in writing to be bound by all of the Owner's obligations and maintenance conditions under this Agreement that have not been fulfilled. and, (b) the Owner and new owner executing such written consent, agreement or other documentation as required by the City. 5.21 The Owner shall provide the City with any and all information and directions required for the City to communicate with the owner. 5.22 The Owner acknowledges that without limiting the generality of the other provisions of this Agreement: (a) the onus and responsibility is upon the Owner at all times to assume all costs of rehabilitation of the subject lands and to apply for and obtain, at the Owner's expense, all approvals required from the City and all other agencies for the rehabilitation of the subject property, including but not limited to all Official Plan Amendments, Zoning By -law amendments, minor variances, and site plan approval; (b) nothing in this Agreement limits or fetters the City in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by -law, and that in the event the City decides to deny or oppose or appeal any such decision, that such action by the City is not in any manner limited by reason of the City entering into this Agreement; 7 (c) the Owner releases the City from any liability in respect of the City's reviews, decisions, inspections or absence of inspections regarding the rehabilitation works that are subject of this Agreement, the Owner agrees that it is its responsibility at all times to prepare and implement its rehabilitation works as would a careful and prudent landowner; (d) nothing in this Agreement is intended to impose or shall impose upon the City any duty or obligation to inspect or examine the land for compliance or non - compliance or to provide an opinion or view respecting any condition of development; and, (e) nothing in this Agreement is intended to be or shall be construed to be a representation by the City regarding compliance of the land with: (i) (ii) applicable environmental laws, regulations, policies, standards, permits or approvals; or, other by -laws and policies of the Municipality. 5.23 If the City determines in its sole discretion that any of the conditions of this Agreement are not fulfilled, and the City at its sole discretion delays or cancels grant payments, and/or requires repayment of grant payments already made to the Owner, and/or terminates this Agreement, the Owner agrees that notwithstanding any costs or expenses incurred by the Owner, the Owner shall not have any claim for compensation or reimbursement of these costs and expenses against the City and that the City is not liable to the Owner for losses, damages, interest, or claims which the Owner may bear as a result of the City exercising its rights herein to delay or cancel grant payments. require repayment of grant payments already made to the Owner, and/or terminate this Agreement. 5.24 The Owner shall indemnify and save harmless from time to time and at all times, the City and its officials, officers, employees, and agents from and against all claims, actions, causes of action, interest, demands, costs, charges, damages, expenses and loss made by any person arising directly or indirectly from: (a) the City entering into this Agreement; and (b) any failure by the Owner to fulfill its obligations under this Agreement. This indemnification shall, in respect of any matter arising prior to the termination of this Agreement, remain in force following termination or expiry of this Agreement. 6. PROVISIONS RELATING TO THE CITY 6.1 The City agrees to provide a grant to the Owner as specified in Clause 3.4 of this Agreement. 6.2 On an annual basis, the City, upon being satisfied that the Owner is not in default of any of the terms and conditions set out in the application, this Agreement and the Rehabilitation Grant Program, shall pay the annual grant payment. 6.3 If the Owner cannot be reached over a protracted period (more than 2 years), the City will have the option, without notice and at its own discretion, of terminating this Agreement and all future grant payments to the Owner. 8 6.4 If in the opinion of the City the property is recontaminated and/or not maintained in its rehabilitated condition, the City may, at its sole discretion, terminate all future grant payments and require repayment of the grant payments already provided by the City to the Owner. 6.5 The City, its employees and agents are entitled to inspect the subject lands at any time during business hours for the purpose of ascertaining their condition or state of repair or for the purpose of verifying compliance with the application, this Agreement and the Rehabilitation Grant Program. 6.6 The City retains the right at all times to delay grant payments, and/or require repayment of grant payments already made to the Owner, and /or terminate this Agreement where the City deems that there is non - compliance with this Agreement. In particular, without limiting the generality of the foregoing, the grant is conditional upon periodic reviews satisfactory to the City to there being no adverse change in the development works and to there being compliance on the part of the Owner with all other requirements contained in this Agreement. 6.7 Communications from the City to the Owner may be addressed to the Owner at the address of the Owner listed in Section 9 of this Agreement. 7. DEFAULT AND REMEDIES 7.1 On the occurrence of default under this Agreement the City shall be entitled to its remedies to enforce this Agreement, including, but not limited to: (a) delaying or cancelling grant payments; and/or, (b) requiring repayment to the City by the Owner of all grant payments already made to the Owner; and/or, (c) terminating the Agreement. 7.2 The Owner agrees and covenants to the City that if the building(s) and improvements that are the subject of this Agreement are demolished, in whole or in part, prior to the expiration of the term of this Agreement, all subsequent grant payments shall cease, and all grant payments already paid by the City to the Owner shall be repaid to the City. 7.3 Default shall be deemed to occur upon any default of the Owner in complying with the terms set out in this Agreement, including, but not limited to, the following: (a) non - compliance with any City by -laws, provincial, and /or federal laws and regulations; (b) failure to pay and keep in good standing all real property taxes; (c) any representation or warranty, made by the Owner is incorrect in any material respect; (d) failure to perform or comply with any of the obligations contained in this Agreement or contained in any other Agreement entered into between the Owner and the City; (e) the Owner makes an assignment for the benefit of creditors, or assigns in bankruptcy or takes the advantage in respect of their own affairs of any statute for 9 relief in bankruptcy, moratorium, settlement with creditors, or similar relief of bankrupt or insolvent debtors, or if a receiving order is made against the Owner, or if the Owner is adjudged bankrupt or insolvent, or if a liquidator or receiver is appointed by reason of any actual or alleged insolvency, or any default of the Owner under any mortgage or other obligation, or if the subject lands or interest of the Owner in the subject lands becomes liable to be taken or sold by any creditors or under any writ of execution or other like process; (t) this Agreement is forfeited or is terminated by any other provision contained in it. 7.4 The City may at its sole discretion provide the Owner with an opportunity to remedy any default. 8. ADDITIONAL PROVISIONS 8.1 This Agreement shall remain in effect from the date of its execution by the City to the earlier of: (a) the time when the City informs the Owner in writing that due to the non - fulfillment or non - compliance with a required condition or due to default, this Agreement is terminated; (b) the time when the total amount of the grants paid out to the Owner equals the total accepted eligible costs under the Rehabilitation Grant Program ($628,792.82); (c) seventeen (17) years. 8.2 Time shall be of the essence with respect to all covenants, agreements and matters contained in this Agreement. 8.3 Schedules "A" and "B" attached to this Agreement forms part of the Agreement. 9. NOTICES 9.1 Where this Agreement requires notices to be delivered by one party or the other, such notice shall be given in writing and delivered either personally, by e -mail, by fax or by prepaid first class mail by the party wishing to give such notice to the other party at the address noted below: To the Owner at: James Ruscica, President 266 Riverview Boulevard St. Catharines, ON L2T 3N4 Telephone No: 905- 687 -0337 Fax No: 905- 682 -6939 To the City at: Robert Bolibruck City of Niagara Falls Planning, Building & Development l0 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone No: 905- 356 -7521, ext. 4298 Fax No: 905 -356 -2354 THIS AGREEMENT shall be binding upon the parties and their heirs, executors, successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporations. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: JAMES M. DIODATI, MAYOR DEAN IORFIDA, CITY CLERK 2124484 ONT • RIO LTD. Per: James`' uscica, President II SCHEDULE "A" Of an Agreement between the City of Niagara Falls and the Owner named in this Agreement. Name of Registered Property Owner Address of Subject Lands 2124484 Ontario Ltd. 7549 Kalar Road Niagara Falls, Ontario Assessment Roll Number(s) 2725 -110- 002 - 047000 Mailing Address of Property Owner (where different from address of subject lands) 266 Riverview Boulevard St. Catharines. ON L2T 3N4 Tel. No: 905- 687 -0337 Fax No: 905- 682 -6939 E -mail: bobrobertodell.com Is property designated under the Ontario Heritage Act? Yes No X Legal Description of Owner's Land BEING PART OF STAMFORD TWP. LOTS 180 & 185 BEING PART 159R -14505 CITY OF NIAGARA FALLS 12 SCHEDULE "B" (1) Estimated cost of approved eligible tax assistance works $ 0 (2) Estimated cost of approved eligible grant works $ 628,792.82 (3) Total estimated cost of approved eligible works (1 + 2) $ 628,792.82 (4) Pre - project assessed value (AV): $ 121,000.00 (RT) Rural (5) Pre - project City property taxes $ 610.65 (6) Pre - project Region property taxes $ 726.64 (7) Pre - project Education property taxes $ 279.51 (8) Post - project assessed value (AV): $ TBD (9) Post - project City property tax rate TBD% (10) Post - project Region property tax rate TBD% (11) Post- project Education property tax rate TBD% (12) Post - project City property taxes $ TBD (13) Post - project Region property taxes $ TBD (14) Post - project education property taxes $ TBD (15) Development Charge Exemption (estimated 84 units at current City development charge rates) $ 345,933.00 It is acknowledged and agreed that: Grant = ((Post - project City property taxes + Post - project Region property taxes) - (Pre - project City property taxes + Pre - project Region property taxes)) *0.80 Posts - project property taxes will not be known until the project is complete. Based upon the eligible cost estimates provided by the Owner, the maximum amount of the Rehabilitation Grant will be $628,792.82 minus any development charge exemption granted to the project. It is acknowledged that of the estimated $628,792.82 in expenses eligible for the annual Rehabilitation Grant Program, $50,000 of those expenses are not eligible for a development charge exemption. 13 The development charge exemption shown above at line 15 is a calculation based upon 75% of the current City development charges for an 84 unit building. The development of the subject lands as proposed by the Owner in accordance with their Rehabilitation Grant Application may be eligible for a 100% City Development Charge Exemption, resulting in an increased development charge exemption and, in turn, a decreased amount to be paid out as a Rehabilitation Grant. In the event that the actual development charge exemption provided by the City equals the maximum allowable development charge exemption ($578,792.82), the maximum Rehabilitation Grant will equal $50,000.00. During the course of the construction of the project, it is anticipated that the City will enact new development charge by -laws resulting in adjustments to development charge rates. The development charge rate in effect at the time of building permit issuance and the actual amount of the development charges exempted will be used to calculate the amount eligible for a Rehabilitation Grant. 14 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -39 DB- 2012 -001 Deeming By -law Application 4749 Buttery Street Applicant: Niagara Energy Products Corp. Proposed Industrial Redevelopment PD- 2012 -39 July 24, 2012 RECOMMENDATION That Council pass the by -law appearing on tonight's agenda to deem the land lying between Ferguson Street to the north, Buttery Street to the south, Dyson Avenue to the east, and Victoria Avenue to the west (see Schedule 3 for the legal description), municipally known as 4749 Buttery Street to no longer be within the registered plan of subdivision to enable them to merge. EXECUTIVE SUMMARY The applicant has requested the City to pass a deeming by -law under the Planning Act for the lands municipally known as 4749 Buttery Street which will allow the lands to merge and become one parcel. This will enable the lands to be treated as one lot for zoning purpose. The subject lands are zoned Light Industrial (LI), in part, and General Industrial (GI), in part, which permits the proposed industrial use. The necessary deeming by -law is included in tonight's agenda. BACKGROUND Proposal The subject lands, known as 4749 Buttery Street, are located on the east side of Victoria Avenue between Ferguson Street and Buttery Street. Refer to the Schedule 1 for the location of the lands. The site currently contains an industrial building. The lands are zoned Light Industrial (LI), in part, and General Industrial (GI), in part, by By- law No. 79 -200. The owner wishes to construct an addition to the existing industrial building. Although the subject lands are currently being used as one parcel, they consist of separate lots in a plan of subdivision. This creates zoning issues as the existing building straddles the lot lines and technically results in some required parking being located "off- site". If all the subject lands are deemed no longer to be within the registered plan of subdivision, they will be able to be merged into one parcel and the way the lands are intended to be used will comply with the Zoning By -law. Refer to Schedule 2 for details of the buildings and parking arrangement. July 24, 2012 - 2 - PD- 2012 -39 A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties in the same ownership and allow them to be one parcel with a common parking area. The development will be subject to site plan control. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: A.Dilwaria:mb Attach. Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -39 DB- 2012 -001, 4249 Buttery Street, Niagara Engergy Products Itd..wpd July 24, 2012 - 3 - SCHEDULE 1 PD- 2012 -39 LOCATION MAP Subject Land MIN Amending the Zoning By -law No. Location: 4749 Buttery Street Applicant: Niagara Energy Products Corp. July 2012 DB- 2012 -001 July 24, 2012 - 4 - SCHEDULE 2 PD- 2012 -39 m ➢ PD- 2012 -39 July 24, 2012 Legal Description: - 5 - PD- 2012 -39 SCHEDULE 3 Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5, Lot 6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive, Registered Plan 997, Town of Niagara Falls. PD- 2012 -40 Niagara.Falls July 24, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -40 DB- 2012 -002, Deeming By -law Application 6935 Oakwood Drive Applicant: 1788615 Ontario Limited Agent: Chris Cristelli Proposed Additional Industrial Development RECOMMENDATION That Council pass the by -law appearing on tonight's agenda to deem Lots 10 & 11, Registered Plan 228 to no longer be within the registered plan of subdivision to enable them to merge. EXECUTIVE SUMMARY The applicant has requested the City to pass a deeming by -law under the Planning Act for Lots 10 and 11 Registered Plan 228 which will allow the lots to merge and become one parcel. This will enable the lands to be treated as one parcel for zoning purposes. The subject lands are zoned Light Industrial with site specific front yard requirements (LI -39). All of the standard LI uses are permitted on the land. The necessary deeming by -law is included in tonight's agenda. BACKGROUND Proposal The subject lands, known as 6935 Oakwood Drive ( Lots 10 and 11, Registered Plan 228), are located on the west side of Oakwood Drive, north of McLeod Road. Refer to Schedule 1 for the location of the lands. The site currently contains two buildings, one on each lot. The subject lands are zoned Light Industrial with site specific front yard requirements (LI- 39), in accordance with By -law No. 79 -200, as amended. The applicant wishes to construct a new industrial building (Building B) (500.87 square metres) on Lot 10 and a one storey addition (Building A) (184.4 square metres) to an existing industrial building on Lot 11. Although the subject lands are being used as one parcel, they consist of two separate lots in a plan of subdivision. This creates zoning issues as a portion of the required parking for the building located on Lot 11 is proposed to be provided "off- site" on Lot 10, which is contrary to the Zoning By -law. If the lots are deemed to no longer to be within the registered plan of subdivision, they will be able to be merged into one parcel and the way the lands are intended to be used will comply with the Zoning By -law. Refer to Schedule 2 for details of the buildings and parking arrangement. July 24, 2012 - 2 - PD- 2012 -40 A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties in the same ownership and allow them to be one parcel with a common parking area. The development will be subject to site plan control. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: -r. j Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: A.Dilwara:mb Attach. Ken odd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -40 DB- 2012 -002, 6935 Oakwood Drive, 1788615 Ontario Inc.wpd July 24, 2012 - 3 - SCHEDULE 1 PD-2012-40 LOCATION MAP Subject Land McLEOD RD Amending the Zoning By-law No. null Location: 6935 Oakwood Drive Applicant: 1788615 Ontario Limited DB-2012-002 July 24, 2012 - 4 - SCHEDULE 2 PD-2012-40 z - _ p a00MXITO - :44 c,:74 ,Y 'CM M314 AVM ILLJEIVZ17 7. Nnb 3111 NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: PD- 2012 -43 July 24, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -43 Matters Arising from Municipal Heritage Committee 2012 Designated Property Grant Application RECOMMENDATION That Council approve the alteration /restoration projects and grants for the following designated properties: (a) Earl Thomas House, 6320 Pine Grove Avenue, owners Len and Angela Inkster, for the cost of restoration of the asphalt roof. EXECUTIVE SUMMARY At the June 27, 2012 meeting of the Municipal Heritage Committee, the following motion was adopted: That the Committee supports the proposed restoration to the Earl Thomas House roof, to a maximum amount of $5,000.00. BACKGROUND The Municipal Heritage Committee held its regular meeting on June 27, 2012 and considered a Designated Property Grant application. The Committee was supportive of the application, as the proposed work was considered eligible under the Designated Property Grant guidelines. 1. Designated Property Grant Application 6320 Pine Grove Avenue, Earl Thomas House An application was received from the owners of the above noted property for the restoration of the original asphalt roof as it will assist in preserving the house by providing a sealed roof covering. The Municipal Heritage Committee supports this restoration project as the asphalt shingled roof is considered to be one of the original heritage attributes of the property and included in the reasons for designation. Asphalt shingles would not normally be eligible for a grant given that they are considered a modern material, but original building plans show asphalt shingles as original material to the house. The grant guidelines state that one half of the eligible costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this project is $10,500 Grant guidelines cap the amount of eligible costs at $5,000.00. July 24, 2012 - 2 - PD- 2012 -43 A Designated Property Grant was allocated to the property owners in 2011 for painting of the exterior of the sunroom portion of the house. This project was not completed in 2011 and the owners requested that the grant be deferred for 12 months. The terms of reference for the grant program provide that a grant allocation can be held for one year and then a further twelve months upon a written request from the owner. It is the owner's intention that this project will be completed this year as well. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application as submitted for one half of the cost to a maximum of $5,000.00 for the restoration of the asphalt shingled roof as it will assist in preserving one of the significant heritage attributes of this property. " FINANCIAL IMPLICATIONS The 2012 Budget allocates $10,000.00 to the Municipal Heritage Designated Property Grants. As two previous grants represent, if used to the maximum, $8,715.00 of the funds allocated in the current budget year, the balance of $3,715.00 for this grant could be funded through reserve funds. LIST OF ATTACHMENTS ► No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:pb S: \PDR\2012 \PD- 2012 -43 Matters Arising from MHC.wpd PD- 2012 -44 NiagaraJalls July 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -44 PLC - 2012 -004, Request for Removal of Part-Lot Control Lots 12 -15, Part of Lot 16, Plan 59M -251 6310 -6346 Pinestone Road Developer: Mountainview Homes RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 12 -15 and Part of Lot 16 on Registered Plan 59M -251, as exempt from Part-Lot Control. 2. That the developer be given two years to adjust the shape of the lots and notify the City when the separate deeds have been registered. EXECUTIVE SUMMARY Mountainview Homes has requested a by -law be passed to exempt Lots 12 -15 and Part of Lot 16, Plan 59M -251 from being subject to Part-Lot Control to allow the common lot lines to be adjusted to match the designs of the proposed townhouse dwelling units. 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 lots are located within a registered subdivision and their development for townhouse dwelling units has been anticipated since 2007. • The approval will not result in additional dwelling units, but simply allow the common lot lines to be reconfigured to be parallel with each other. • The zoning permits on- street townhouse dwelling units and the adjusted lots would comply with the zoning requirements. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from Lots 12 -15 and Part of Lot 16, Plan 59M -251 which are located on the south side of Pinestone Road, west of Walker Court (see Schedule 1). The removal of Part Lot Control is a planning tool that allows the reconfiguration of lot lines and /or the division of lots and blocks of land within registered plans of subdivision. Two blocks of on- street townhouse dwellings (one block containing four dwelling units and the other containing three dwelling units) is proposed to be built on the four lots and part of a fifth lot. Refer to Schedule 2 for further detail. July 24, 2012 ANALYSIS /RATIONALE - 2 - PD- 2012 -44 The subject lots are located within the Neighbourhoods of St. David's Plan of Subdivision (59M -251) which was registered in1998. The subject lots were intended to be developed with detached dwellings when the subdivision was registered. The subdivision contains a mix of detached and on- street townhouse dwellings. Appropriate zones were placed on the lots and blocks to guide the development of detached and on- street townhouses when the plan of subdivision was approved. In 2007, Council amended the zoning on 8 lots on the southwest side of Pinestone Road that were intended for detached dwellings to allow on- street townhouse dwellings instead. Now the subject lots are zoned Residential Mixed (R3 -798) which only permits on- street townhouse dwellings. 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 property from Part Lot Control, which would allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. The purpose of this Part Lot Control exemption request is to allow the lot lines separating the lots to be reconfigured so that they are parallel with each other. A by -law time limit of two years should be adequate to construct the dwelling units and create the new lot lines. 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 - Proposed Reconfigured Lots and Dwelling Units Recommended by: Respectfully submitted: /Alex Herlovitch, Director of Planning, Building & Development Ken 1`odd, Chief Administrative Officer D.Deluce:mb Attach. S: \PDR\2012 \PD- 2012 -44, PLC - 2012 -004, Lots 12 -15, Pt 16, Plan 59M- 251.wpd July 24, 2012 - 3 - SCHEDULE 1 PD- 2012 -44 July 24, 2012 - 4 - SCHEDULE 2 PD-2012-44 Niagaraaalls c N u REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -45 July 24, 2012 SUBJECT: PD- 2012 -45 PLC - 2012 -006, Request for Removal Of Part-Lot Control Block 44, Plan 59M -251 Pinestone Road Developer: Joe DiCosimo RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 44 on Registered Plan 59M -251, as exempt from Part -Lot Control. That the developer be given two years to establish the lots and notify the City when the separate deeds have been registered. EXECUTIVE SUMMARY Joe DiCosimo has requested a by -law be passed to exempt Block 44, Plan 59M -251 from being subject to Part -Lot Control to establish the lots following the common walls of the townhouse dwelling units. 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 is located within a registered subdivision and its development for a townhouse dwelling has been anticipated since 1997. • The zoning permits on- street townhouse dwelling units and the proposed lots comply with the zoning requirements. BACKGROUND Proposal Joe DiCosimo has submitted a request to have Part Lot Control removed from Block 44, Plan 59M -251 which is located on the east side of Pinestone Road, west of Walker Court (see Schedule 1). The removal of Part Lot Control is a planning tool that allows the re- configuration of lot lines and /or the division of lots and blocks of land within registered plans of subdivision. This would allow the creation of individual lots for each of the three on- street townhouse dwelling units on the block. Refer to Schedule 2 for further detail. July 24, 2012 ANALYSIS /RATIONALE - 2 - PD- 2012 -45 The subject block is located within the Neighbourhoods of St. David's Plan of Subdivision (59M -251) which was registered in1998. The subject block was intended to be developed with an on- street townhouse dwelling when the subdivision was registered. The subdivision contains a mix of detached and on- street townhouse dwellings. The subject block is zoned Residential Mixed (R3 -430) which permits on- street townhouse dwellings and single detached dwellings. The proposed lots comply with the minimum lot area and lot frontage requirements of the R3 -430 zone. 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 properties from Part Lot Control, which would allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. The purpose of this Part Lot Control exemption request is to allow the sale of individual on- street townhouse dwelling units. A by -law time limit of two years should be adequate to construct the dwelling units and create the new lot lines. 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 - Proposed Reconfi Recommended by: Respectfully submitted: ured Lots ,and Dwelling Units Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer D.Deluce.mb Attach. S: \PDR\2012 \PD- 2012 -45, PLC - 2012 -006, Block 44, Plan 59M- 251.wpd July 24, 2012 - 3 - SCHEDULE 1 PD- 2012 -45 July 24, 2012 - 4 - SCHEDULE 2 PD-2012-45 TS- 2012 -29 Niagaraialls July 24, 2012 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 -29 Transit Agreement with Niagara College's Student Administrative Council RECOMMENDATION: 1. That Niagara Falls Transit services be provided to full -time Niagara College students for the school year September 2012 through April 2013. 2. That Niagara Falls Transit service is extended to the campuses of Niagara College. 3. That the municipality enter into a one year agreement with Niagara College Student's Administrative Council to provide the service at full cost recovery. 4. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The most recent Agreement to provide service between Niagara Falls and the Niagara College Campuses for the benefit of the students expired on April 30, 2012. Transit staff has been in discussion with the College's Student Administrative Council to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service from September 2012 through April 2013 inclusive. Various service options have been reviewed in an effort to provide a schedule which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their Council is confident will address the student's transportation needs for the upcoming school year. BACKGROUND: The Niagara Falls Transit service to Niagara College's Welland and Niagara -on- the -Lake Campuses is an express service operating on a fixed route. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the two Campuses to attend their daytime and evening classes, as well as their exams. July 24, 2012 - 2 - TS- 2012 -29 The level of service provided for the 2012/2013 school year is at an hourly rate of $87.59 per hour, which provides Niagara Falls Transit with full cost recovery for the provision of service beyond our municipal borders. Further, based on some carrying capacity issues which were occurring last school year, Transit staff worked with the Student Council to add four new trips to assist with spreading the loads over a greater period of time. This agreement also has a "Fuel Escalation Clause" to protect the City should the prices of diesel increase dramatically. In addition, any fares collected by non student customers choosing to utilize this service to travel to the Campuses are retained by Niagara Falls Transit. FINANCIAL /STAFFING /LEGAL IMPLICATIONS: The one year Agreement with Niagara College's Student Administrative Council will provide Niagara Falls Transit with revenues of $385,704.00. These revenues will allow the service to operate between Niagara Falls and the two College Campuses at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Niagara College Campuses supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: D. Stuart Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Properties Inc. respecting Chippawa West Phase II -Stage 1 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 10`h day of May, 2012 and made between Queensway Chippawa Properties Inc. and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lots 19, 20 and 21 Concession 3 and part of the road allowance between Lots 20 and 21 Concession 3 Willoughby, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedules "C and D ", a copy of which Schedules are attached as Appendix "3" and "4" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "5 ", is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H ", copies of which Schedules are attached as Appendices "6" and "7 ", are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning, Building and Development that all of the City's conditions for the execution of the said agreement have been satisfied. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012. July 24, 2012. July 24, 2012. THIS AGREEMENT made this 10' day of May, 2012. BETWEEN: QUEENSWAY CHIPPAWA PROPERTIES INC. Hereinafter called the "Subdivider ", - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Schedule page 5 of the FIRST PART; Hereinafter called the "City", of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990. for approval of a plan of subdivision (hereinafter called "the Plan ") attached hereto as Schedule "A" and entitled CHIPPAWA WEST PHASE II- STAGE 1 SUBDIVISION, being lands comprising Part of Township Lots 19, 20 and 21 Concession 3 and part of the road allowance between Lots 20 and 21 Concession 3 Willoughby, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands "; AND WHEREAS in accordance with the conditions imposed by the City. the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: 1. LANDS AFFECTED The Chippawa West Subdivision Phase 2 (43.336 ha) has been draft approved October 26, 2006 and red -lined revised April 18, 2011. The registration of this plan shall proceed in stages depending on servicing availability. Land dedication in subsequent stages will be delineated as (future). Schedule - Page Schedule A Chippawa West Subdivision Phase 2 Stage 1 This is not a Plan of Survey K: \GIS Requests\ 2010\ Schedule\ Subdivision \ChippawaWestPhase2 \mapping.map E Scale 1: NTS June 2012 APPENDIX "a Schedule "C" Chippawa West Subdivision - Phase 2 Stage 1 Summary - Cost of Services Schedule Page Items Column I Column II Column III N/A Not Applicable due to pre - servicing 1. Watermains Watermains including water service laterals to the street line on all streets within the subdivision. 2. Sanitary Sewermains Sanitary swermains including service laterals to the street line on all streets within the subdivision. 3. Storm Sewermains Storm sewermains including service laterals and catchbasins on all streets within the subdivision. Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed $465,685 N/A $429,590 N/A $1,357.568 N/A 4. Granular Roads Excavation and Granular "A" base of all streets within the subdivision. $273,232 N/A S. Base Roads Curb, gutter and base asphalt paving of all streets within the subdivision including the construction of Granular "A" driveway ramps to all lots within the subdivision. $197,242 N/A 6. Finished Roads Surface asphalt paving of all streets within the subdivision. $304,076 $304,076 APPENDIX "3 " Schedule "C" Chippawa West Subdivision - Phase 2 Stage 1 Summary - Cost of Services Schedule Page Items Column I Column II Column III N/A Not Applicable due to pre - servicing Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed 7. Sidewalks & Fencing a) Sidewalks 6) Fencing i) Subdivision ii) Historic Cemetery $102,138 $272,340 $ 26,960 8. Landscaping a) Block 90 - SWM Pond $202,923 b) Entry Feature - Grade, Topsoil & Sod $ 8,000 c) Block 93 - Valley L ands $123,455 9. Street Signs $5,384 10. Street Trees $173,025 11. Street Lighting $102,000 Sub Totals $4,043,618 10 °A) Contingency on Items Ito 10 $404,361 $2,814 $2,814 $102,138 $272,340 $ 26,960 $202,923 $ 8,000 $123,455 $2,570 $173,025 $102,000 $1,317,487 $404,361 Schedule "C" Chippawa West Subdivision - Phase 2 Stage 1 Summary - Cost of Services Schedule Page Items Column I Column II Column III N/A Not Applicable due to pre - servicing 11. Engineering Costs Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed a) City's 3.0% administration fees on Items 1 to 10 inclusive. $121,308 $121,308 b) Engineering fees 2.5% for inspection of works to be constructed under Items 1 to 10 inclusive. $101,090 $101,090 c) Streetlight consultants inspection fee $6,160 $6,160 d) Entry Features - Decorative Wall & Fence $37,500 $37,500 Total Estimated Costs 12. Lot Grading Performance Deposit 13. As Built Plan Submission Deposit $4,714,037 $50.000 $20,000 $268,872 $1,721,848 $50,000 $20,000 Schedule Page Schedule "D" Chippawa West Subdivision - Phase 2 Stage 1 Cost of Oversized Services: None S I .sh I S d e s es:,91.28' Cleppawx West Peas 2,CuNrac Ch ppa,vn West S, hd,is Phase se 2 -Stage I Schedue D wpd APPENDIX " 4 Schedule "F" Chippawa West Subdivision - Phase 2 Stage 1 Schedule Page Development Charges (By -Law #) 2009 -120 Units Category of Land Use Rate /Unit* Amount Payable at Subdivision Agreement Lots 1 -70 inclusive: 77 -80 inclusive, 75 85 Single Family Lots $10,092 $5,954 x 75 = $446,550 Lots 71 -76 inclusive, 81 -84 inclusive 20 Semi - detached Lots $10,092 $5,954 x 20 = $119,080 Blocks 86,87,88 & 89 22 Multi Family On- street Townhouse Blocks $6,728 $3,970 x 22 = $87,340 Block 95 0 N/A - To be paid in full at Permit Multi - Family Stage Total $652,970 NOTE: The rates and calculation shown reflect the development charges applicable at the time of the agreement as set out in By -law 2009 -120. If the issuance of building permits are issued after this date, the development charges rate at that date will apply. S \I Subdivistons,1 Subdivisions \94 -287 Chippewa West - Phase 2 \Contract Chippewa West Subdivison Phase 2 -Stage I \Schedule F Feb 3 2012 wpd APPENDIX °-S " Schedule Page Schedule "G" Chippawa West Subdivision - Phase 2 Stage 1 Cash in Lieu of Parkland Dedication: Total Development Area - 19.1147 ha. Parkland Dedication - 5% x 19.1147 ha = 0.955735 ha. Parkland Dedication for Stage 1 - 0.436 ha. Outstanding Parkland Dedication for Stage 1 - 0.519735 ha. ( 1.2842931 ac. ) Security for Outstanding Parkland Valued at $100,000 per ac. = $128,491.31 S .1 SubdisIsions l S t •divisions,94 "'S Chippawa West Phase?`: Contract Chippawa Nest Subddv slon Phase 2 -Stage 1 \Schedule G. wpd Schedule "H" Chippawa West Subdivision - Phase 2 Stage 1 Easements and Lands to be Deeded to the City of Niagara Falls: Schedule Page 1. Easements - To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads - 3.0 m wide located along the rear property line: i) Part 1 - Lot 6 v) Part 5 - Lot 10 ii) Part 2 - Lot 7 vi) Part 6 - Lot 11 iii) Part 3 - Lot 8 vii) Part 7 - Lot 12 iv) Part 4 - Lot 9 viii) Part 8 - Lot 13 b) For rearyard catchbasins and leads - 1.80 m wide located along the side lot line: i) Part 9 - Block 103 ii) Part 10 - Block 95 ii) Part 13 - Lot 48 iv) Part 16 - Block 86 v) Part 17 - Lot 75 vi) Part 20 - Block 89 vii) Part 21 - Block 87 viii) Part 25 - Block 88 c) For rearyard catchbasins and leads - irregular shape located along the rear property line: i) Part 1 I - Lot 27 d) For rearyard catchbasins and leads - 1.20 m wide located along the side / rear lot line: i) Part 12 - Lot 28 ii) Part 14 - Lot 49 iii) Part 15 - Lot 84 iv) Part 18 - Lot 74 v) Part 19 - Lot 72 vi) Part 22 - Lot 62 vii) Part 23 - Lot 61 viii) Part 24 - Lot 60 ix) Part 26 - Block 100 x) Part 27 - Lots 19 / 20 e) For sanitary sewer and watermain - 7.40 m wide located in Block 92: i) Part l - 59 R - 2. Blocks - To be granted to the City within the lands of the subdivision. a) Block 90 - Stormwater Management Facility b) Block 91 - Stormwater outlet ( Sewer & overland) and walkway c) Block 92 - Emergency access and sanitary sewer and watermain d) Block 93 - Valley Lands e) Block 94 - Floodplain t) Block 96 - 0.30 m reserve g) Block 97 - 0.30 m reserve h) Block 98 - 0.30 m reserve i) Block 99 - 0.30 m reserve j) Block 100 - 0.30 m reserve k) Block 101 - 0.30 m reserve I) Block 102 - 0.30 m reserve m) Block 103 - 0.30 m reserve n) Block 104 - Sodom Road Entry Feature o) Block 105 - Sodom Road Entry Feature p) Block 106 - Lyons Parkway Road Widening CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of a Lease Extension Agreement with The Regional Municipality of Niagara and the Niagara Falls Bridge Commission, respecting the use of Parts 2, 3 & 4 on Reference Plan 59R -11659 (Buttrey Street), for parking purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Extension Agreement made between The Regional Municipality ofNiagara and The Corporation of the City of Niagara Falls as Landlords and Niagara Falls Bridge Commission as Tenant, respecting the use of Parts 2, 3 & 4 on Reference Plan 59R - 11659, for parking purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Extension Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Extension Agreement. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012. July 24, 2012. July 24, 2012. THIS SECOND LEASE EXTENSION AGREEMENT made as of the 1st day of May, 2012. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "Landlord" OF THE FIRST PART and NIAGARA FALLS BRIDGE COMMISSION Hereinafter called the "Tenant" OF THE SECOND PART A. WHEREAS the Landlord is the registered owner of certain lands and premises more particularly described as Part of Stamford Township Lot 92, in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Parts 2, 3, and 4 on Reference Plan 59R- 11659, located on Buttrey Street, Niagara Falls, (hereinafter referred to as the "Buttrey Street Lands "); B. AND WHEREAS by a Lease Agreement dated April 5, 2002 (the "Lease "), the Landlord demised and leased unto the Tenant, part of the said Buttrey Street Lands, more particularly described as Part of Stamford Township Lot 92, in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part of Part 4 on Reference Plan 59R- 11659, (hereinafter referred to as the "Demised Premises "); C. AND WHEREAS by an Agreement dated April 5, 2007 (the "First Lease Extension Agreement "), the parties agreed to extend the term of the Lease for a term of five (5) years and twenty six (26) days commencing April 5, 2007 and continuing to and including April 30, 2012; D. AND WHEREAS by a letter dated January 26, 2012, the Tenant exercised its option to renew the lease for a further term of five (5) years, May 1, 2012 to April 30, 2017, on the same terms and conditions, save and except for the rent payable and the right of further renewal. NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of the mutual covenants herein contained, the parties hereto agree as follows: 1. The term of the Lease is hereby extended for a further term of five (5) years commencing May 1, 2012 and continuing to and including April 30, 2017, upon the same terms and conditions as contained in the Lease, save and except the annual rent and the right of further renewal. 2. The Tenant shall pay the annual rent, as shown in the table below, annually in advance: Year Dates Annual Rent HST Total Year 1 May 1, 2012 to April 30, 2013 $ 1,087.64 $ 141.39 $ 1,229.03 Year 2 May 1, 2013 to April 30, 2014 $ 1,114.83 $ 144.93 $ 1,259.76 Year 3 May 1, 2014 to April 30, 2015 $ 1,142.70 $ 148.55 $ 1,291.25 Year 4 May 1, 2015 to April 30, 2016 $ 1,171.27 $ 152.26 $ 1,323.53 Year 5 May 1, 2016 to April 30, 2017 $ 1,200.55 $ 156.07 $ 1,356.62 1 3. The parties confirm that in all other respects the terms, covenants and conditions of the Lease continue in full force and effect except as modified by this Agreement. 4. This Agreement contains the entire agreement between the parties and shall not be modified in any manner except by instrument in writing executed by both parties. IN WITNESS WHEREOF the Parties have hereunto affixed their corporate seals under the hands of their respective officers duly authorized in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Jim Diodati Title: Mayor Per: Name: Dean lorfida Title: City Clerk INVe have authority to bind the Corporation. THE REGIONAL MUNICIPALITY OF NIAGARA Per: �✓,_� �- 7 Name: Brian Hutchings, B.Co'Fri, CGA Title: Commissioner of Cor rate Services/Treasurer I have authority to bind the Corporation. NIAGARA FALL RI Per: Name: Title: MMISSION Lew Holloway General Manager I have authority to bind the Corporation. 2 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5, Lot 6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive, Registered Plan 997, Town of Niagara Falls :to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1896; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within registered plans of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5, Lot 6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive, Registerd Plan 997, Town of Niagara Falls; shall be deemed not to be within the registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Lots 10 and 11, Registered Plan 228 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1962; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within registered plans of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 10 and 11, Registered Plan 228 shall be deemed not to be within the registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:ADEEMING BY- LAW\DB -2012 -002, 6935 Oakwood Drive ADeeming Bylaw .wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200 to establish new parking standards in portions of the Clifton Hill and Fallsview Subdistricts. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 79 -200 is amended by adding Schedule "D" attached to and forming part of this by -law. 2. By -law No. 79 -200 is amended by deleting section 3.2 and inserting the following: "3.2 ZONING MAPS: The Zones aforesaid and the boundaries of such Zones are shown on one or more of the Zoning Maps appended thereto as Schedule "A ", referred to in this By -law as "Zoning Maps ", each of which Zoning Maps and the Key Map contained in the said Schedule "A" and the Setback Plans appended hereto as Schedules "B -1 ", "B -2 ", "B -3" and "B -4 ", Schedule "C" and Schedules "C -A" through to and including "C -F and Schedules "C -H" through to and including "C -K ", and Schedule "D" together with all titles, symbols, notations, references and information shown therein shall form a part of this by -law to the same extend as if fully described in the text of this By -law." 3. By -law No. 79 -200 is amended by inserting the following: "4.19.1(a)(i) Notwithstanding Table 1 of clause (a) of section 4.19.1 and the parking regulations required by section 19, within the area shown on Schedule "D" in this by -law, the parking requirements shall be either those contained in Table 1 of clause (a) of section 4.19.1; those contained in section 19; or those contained in Table 1.1, but not in any combination thereof. Table 1.1 Pinball or electronic game machine establishment Dance Hall Hotel Restaurant ancillary to a hotel 1 space per 75 square metres of floor area 1 space per 35 square metres of floor area 1 space for each 1.25 rooms none -2- Place of assembly/ convention centre ancillary to a hotel Retail Store ancillary to a hotel none none Motel 1 space for each 1.25 motel units Museum 1 space for each 150 square metres Theatre /Cinem 1 space for each 10 seats a Restaurant 1 space for each 10 seats Retail Store 1 space per 60 square metres of floor area Tattoo Studio I space for each 2 seats Bus parking For 1 to 299 rooms, 2 spaces for 40 car s p a c e parking spaces; for 300 to 399 rooms, 3 substitution for spaces for 60 car parking spaces; for 400 to hotels and 499 rooms, 4 spaces for 80 car parking spaces; motels and for 500 rooms or more, 5 spaces for 100 car parking spaces Bus parking s p a c e substitution for theatre /cinema I space for 20 car parking spaces for a maximum substitution of 20 passenger car parking spaces" 4. By -law 79 -200 is amended by inserting the following: `4.19.2 Bus Parking Parking Spaces at Least 3.75 Metres Wide Column 1 Column 2 Column 3 Angle of Parking Space Minimum perpendicular with Manoeuvring Aisle length of Parking Space Minimum Perpendicular Width of Manoeuvring Aisle -3- More than 45 degrees up to 15 metres 90 degrees More than 30 degrees up to 16 metres 45 degrees 0 degrees (parallel) up to 30 18.3 metres degrees 15 metres 10.8 metres 5 metres where the aisle is for one way traffic; 8 metres where the aisle abuts 2 way traffic (i) Where bus parking is provided on a lot, the parking area shall be designed so as to allow buses to enter and leave the lot in the same direction of travel." Passed this 24th day of July, 2012. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 SIZONING \AMS\20I I \By- laws \Byam002 -1.wpd JAMES M. DIODATI, MAYOR -4- SCHEDULE D TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Applicant: City of Niagara Fails K', GIS_ RegUeacs \20Il',Schepule;ZontNAM'V1M )Z'�mapprnq.rn p AM- 2011 -002 :iJne 21712 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200 to exempt certain uses in the Victoria, Clifton Hill and Fallsview Business Improvement Areas from having to provide parking. 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. By -law No. 79 -200 is amended by deleting section 19.1.75 and inserting the following: "19.1.75 None of the provisions of section 4.19.1 or of clause i of section 8.6.2 or section 19 shall apply so as to require the owner or occupant of any building which is hereafter to be erected or to be extended or enlarged or to be materially altered on land within the area designated TC and numbered 75 on Sheet D4 and D5 of Schedule "A ", for the purpose of any one or more of the uses permitted in clauses a, d, e, f, i, k, m, o, p, u, v, w, x, y, bb, cc, ee, ff, 11 and mm of section 8.6.1 (which for the purpose of this section 19.1.75 are hereafter referred to as the "designated uses "), to provide or maintain a parking area to the extent prescribed in said section 4.19.1 with respect to the same part or parts of any such new building to be erected or of any such extension or enlargement of any existing building or of any such material alteration of an existing building as are specified in clauses a, b and c of section 19.1.73, the provisions of which shall apply to this section 19.1.75 except that for the purposes of this section "designated uses" shall mean the uses enumerated in this section, provided the owner or occupant of such building provides and maintains a parking area to the extent prescribed in section 4.19.1 with respect to the remainder, if any, of such building." 4. 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. 5. No person shall use the Lands for a use that is not a permitted use. 6. No person shall use the Lands in a manner that is contrary to the regulations. 7. The provisions of this by -law shall be shown on Sheet D4 and D5 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 75. -2- Passed this 24th day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:AZONING \AMS\201 1 \By- laws \Byam002 -2.wpd -3- SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Applicant: City of Niagara Falls K:',GJS_Regoe5tss2U 11:Schee;ales.ZCoiny K11,ASab- G21rr'Sppinq. map AM- 2011 -002 Kay 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 94 -212, which amended By -law No. 79 -200, to eliminate the requirement to provide off -site parking and to replace Schedule 1. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 94 -212 is amended by deleting section 1, subsection 2(d) and section 4 and inserting the following: 2. "1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is hereby amended as follows: (a) By designating as TC and numbering 360, the land on the southwesterly side of Centre Street, being Part of Lot 118, Plan 35, now known as Plan 1002, in the former Town, now in the City of Niagara Falls, shown hatched and designated TC and numbered 360 on plan Schedule 1 attached to and forming part of this by -law and now designated TC. (b) By redesignating as TC, the land on the northwesterly side of Ellen Avenue, being Lot 121, according to Plan 3039, now known as Plan 291 for the former Town, now in the City of Niagara Falls, shown hatched and designated TC on plan Schedule 1 attached to and forming part of this by -law and now designated P and numbered 360. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.360 Refer to By -law No. 94 -212, as amended by By -law No. 2012- By -law No. 94 -212 is amended by deleting Schedule 1 and replacing it which Schedule 1 attached. Passed this 24`h day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 SA ZONING 1 \ By-laws \Byam002 -3.wpd -2- SCHEDULE 1 TO BY -LAW No. 94 -212 Subject Land Amending Zoning By -law No. 79 -200 Description: Part of Lot 118, Plan 35 (n.k.a. 1002), City of Niagara Falls and Lot 121, Registered Plan 3039 (n.k.a. Plan 291), City of Niagara Falls Applicant: City of Niagara Falls Assessment #5: 272503000301800; 272503000303400 R_2gi,csts`,2Gi.' Sc",ed.?e'ZamngAM \AM 02',mappinQ -' dp N s 1: NTS AM- 2011 -002 July 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2010 -152, which amended By -law No. 79 -200, to guide the development of part of the Deerfield Estates Phase 10 plan of subdivision and Block 209, Registered Plan 59M -384. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2010 -152 is amended by deleting sections 2, 5, 9, 10, 14.1, 14.2, 14.3,15 and 16 and inserting the following: "2. The Lands shall be identified as five parcels, known as Parcels R1E, R1E -918, R4- 919, R5C -921 and R1F-964. 5. The permitted uses of the Lands shall be: (a) For Parcels R 1 E, R 1 E -918 and R1F-964, the uses permitted in a R 1 E zone (b) For Parcel R4 -919, two or more townhouse dwellings, each containing not more than 8 townhouse dwelling units (c) For Parcel R5C -921, the uses permitted in a R5C zone and a retirement home 9. The regulations governing the permitted uses in Parcel R1F -964 shall be: (a) Minimum lot area 290 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 12 metres (c) L o t frontage where side lot lines are not parallel, the lot interpretation frontage shall be the distance between side lot lines measured at a point 6 metres from the front lot line (d) Minimum front yard depth (i) for a one family 3 metres detached dwelling -2- (ii) for a private garage with driveway access from the front yard (e) Minimum rear yard depth (f) Minimum interior side yard width, subject to the provisions of clause (a) of section 5.1 of By-law No. 79 -200 (g) Minimum exterior side yard width (i) for a one family detached dwelling (ii) for a private garage with driveway access from the exterior side yard (h) Maximum lot coverage (i) Maximum height of building or structure (j) Maximum number of one family detached dwellings per lot (k) Parking and access requirements (1) Accessory buildings and accessory structures (m) Use of lot area for surface parking 6 metres 7.5 metres 0.9 metres 3 metres 6 metres 45% 10 metres subject to section 4.7 of By -law No. 79 -200 1 only in accordance with section 4.19.1 of By- law No. 79 -200 in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 in accordance with section 4.19.3 of By- law No. 79 -200, except the maximum lot area that can be used for surface parking shall be 25 %, and the maximum width of a driveway in the front yard shall be 55% of the lot frontage -3- (n) Minimum landscaped 30% of the lot area open space 10. The regulations governing the permitted uses on Parcel R5C-92 1 shall be: (a) Minimum lot area 100 square metres for each dwelling unit /private living unit (b) Maximum lot area 130 square metres for each dwelling unit/private living unit (c) Minimum yard from any 7.5 metres street (d) Minimum landscaped 30% of the lot area, which shall include a open space minimum 3 metre wide landscaped open space strip between a street and a parking area, save and except for any driveways (e) The balance of regulations specified for an R5C use 14. The provisions of this By -law shall be shown on Sheets B4 and B5 of Schedule '`A'" of By -law No. 79 -200 by redesignating the Lands from DH to RI E, in part, RI E and numbered 918, in part, R4 and numbered 919, in part, R5C and numbered 921, in part, and R 1 F and numbered 964, in part. 15. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.918 Refer to By -law No. 2010 -152 19.1.919 Refer to By -law No. 2010 -152 19.1.921 Refer to By -law No.2010 -152 19.1.964 Refer to By -law No. 2010 -152" 2. By -law No. 2010 -152 is amended by deleting Schedule 1 and replacing it with Schedule 1 attached. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:\ZONING\AMS\2012 \By- laws \Byam003.wpd SCHEDULE 1 TO BY -LAW No. 2010 -152 Subject Land / 2 11111 Amending Zoning By -law No. 79 -200 Description: Lots I. to 207 inclusive, Blocks 208, 209, 210 and 211, Plan 59M384; City of Niagara Falls Applicant: River Realty Development (1976) Inc. Assessment #s: Various K: \GIS_Requests \2012 \Schedule \Zoni n gAM \AM -03 \ma ppi ng. map N s 1: NTS AM- 2012 -003 July 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to guide the development of part of the Deerfield Estates Phase 10 plan of subdivision on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the `'Lands ". Schedule 1 is a part of this by -law. 2. The 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. The permitted uses of the Lands shall be the uses permitted in a RI E zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 290 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 12 metres (c) Lot frontage interpretation where side lot lines are not parallel, the lot frontage shall be the distance between side lot lines measured at a point 6 metres from the front lot line (d) Minimum front yard depth (i) for a one family detached 3 metres dwelling (ii) for a private garage with 6 metres driveway access from the front yard (e) Minimum rear yard depth 7.5 metres -2- (f) Minimum interior side yard width, subject to the provisions of clause (a) of section 5.1 of By -law No. 79 -200 (g) Minimum exterior side yard width (i) for a one family detached dwelling (ii) for a private garage with driveway access from the exterior side yard (h) Maximum lot coverage (i) Maximum height of building or structure (j) Maximum number of one family detached dwellings per lot (k) Parking and access requirements (1) Accessory buildings and accessory structures (m) Use of lot area for surface parking 0.9 metres 3 metres 6 metres 45% 10 metres subject to section 4.7 of By- law No. 79 -200 1 only in accordance with section 4.19.1 of By -law No. 79 -200 in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 in accordance with section 4.19.3 of By -law No. 79 -200, except the maximum lot area that can be used for surface parking shall be 25 %, and the maximum width of a driveway in the front yard shall be 55% of the lot frontage (n) Minimum landscaped open space 30% of the lot area 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. 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 B4 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from DH to Rl F and numbered 964. -3- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.964 Refer to By -law No. 2012- Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:yZONING\AMS\2012 \By- laws \Byam003b.wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 139 Stamford Designated As Part 2 On 59R- 14616; Niagara Falls Applicant: River Realty Development (1976) Inc. Assessment #s: PT 272510000600903 K: \GIS_Requests\ 2012\ Schedule \ZoningAM \AM -03 \mapping. map N s 1:NTS AM- 2012 -003 July 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Lots 12 to 15 and Part of Lot 16, 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. 2007 -205 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Lots 12 to 15 and Part of Lot 16 into 7 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 Lots 12 to 15 and Part of Lot 16, Registered Plan 59M -251, 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 o f this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:APART LOT CONTROL\2012 \PLC -04 \Block Lotsl2 -15 Pt 16 PLC By- law.wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Block 44, 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 and on- street townhouse dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Block 44 into three 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 44, Registered Plan 59M -251, 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 -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 S:APART LOT CONTROL \2012 \PLC -06 \Block 44 PLC By -law (Revised).wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule '`Dl" and that Schedule "D!" attached hereto shall be inserted in lieu thereof. Passed this twenty -forth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012. July 24, 2012. July 24, 2012. SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Ryan Comeau Enrico Cupiraggi Nick Galotta Eli Hoffmann Steven Lott Bruce McDonald William McMillan Jose Montoya Jeffery Charles Petrullo CITY OF NIAGARA FALLS By -law No. 2012- A by -law to amend By -law No. 79 -200, to permit a tourist home and an estate winery and ancillary uses on the Lands in addition to the uses permitted in an A zone and repeal By -law No. 2004 -90. 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 A zone; (b) Estate winery; (c) Local produce shop; and (d) Tourist home 5. The regulations governing the permitted uses shall be: (a) Minimum area of a vineyard to be planted (b) Minimum area of a vineyard to be kept in production (c) Maximum floor area of the wine production building (d) Maximum floor area of the wine retail areas (e) Maximum floor area of the hospitality rooms and outdoor patios 8 hectares 6 hectares 520 square metres 214 square metres 300 square metres -2- (f) Maximum floor area of the local 186 square metres produce shop (g) Minimum number of parking spaces required for an estate winery (i) Wine production building 1 parking space for every 90 square metres of floor area (ii) Hospitality room (iii) Wine retail area 1 parking space for each 18.5 square metres of floor area 1 parking space for each 18.5 square metres of floor area (h) Minimum number of parking spaces for I parking space for each 18.5 square a local produce shop metres of floor area (i) Minimum number of loading spaces 1 (j) Maximum number of bedrooms for 4 tourists in a tourist home (k) For the purposes of this by -law, the front lot line shall be deemed to be the portion of the lot abutting Lundy's Lane and the lot frontage shall be measured as the linear distance along Lundy's Lane (1) The balance of regulations specified for an A use 6. Section 2 - Definitions of By -law No. 79 -200 is amended by adding the following thereto: 2.18.1 ESTATE WINERY means an agriculturally related use on an established vineyard and /or fruit farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and wine related products where the fruit used in the production shall be grown within the Region of Niagara. An estate winery may also include the following ancillary uses: a wine retail area, hospitality rooms and outdoor patios, and an office; 2.27.1 HOSPITALITY ROOM means part of a building where wine and food may be served, but does not include the use of commercial cooking equipment on -site for the preparation of food; 2.30.1 LOCAL PRODUCE SHOP means a retail store ancillary to an agricultural use and /or farm, which sells food products and other agriculturally related products grown or processed within the Region of Niagara;" 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. -3- 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated A(H) and numbered 965 on the plan Schedule 1 attached hereto for the purpose of an estate winery and ancillary uses, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide an archaeological assessment, prepared by a licensed archaeologist, which is to be approved by the Ministry of Tourism, Culture and Sport. 11. The provisions of this by -law shall be shown on Sheet A6 of Schedule "A" of By -law No. 79- 200 by designating the Lands A(H) and numbered 965. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.965 Refer to By -law No. 2012- 13. By -law No. 2004 -90 is repealed. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 U:ABy- Laws\20I2 By-Laws \120724 \Byam006.wpd K -4- SCHEDULE 1 TO BY -LAW No. 2012- Subject Land 11111 Amending Zoning By -law No. 79 -200 Description: PT TWP LT 137 STAMFORD; PT TWP LT 152 STAMFORD AS IN RO155305 (2NDLY); NIAGARA FALLS Applicant: Futecan Canada Inc. Assessment #: 272510000605500 _�nZU?;r,,, CI I ?'.: fiche= Cf ulrtonir�ghi ',A.tA- (M'.,mdpt:�nq. map 5 1 :NTS AM -2012 -006 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 104 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 104 to the City ofNiagara Falls Official Plan is hereby adopted. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 U:ABy- Laws \2012 By- Laws \120724 \OP By- IawAM006.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No.104 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 14.43 - SPECIAL POLICY AREAS is hereby amended by deleting section 14.43 and replacing it with the following new policies: "14.43 Special Policy Area 43 Special Policy Area 43 applies to approximately 24 hectares of land located on the northwest corner of Lundy's Lane and Beechwood Road, through to Thorold Townline Road. In addition to the policies of Part 2, Section 7 - Good General Agriculture, a tourist home having not more than four rentable rooms for tourists shall be permitted on the lands. An estate winery may be permitted as a secondary use to a vineyard operation subject to the following policies: 14.43.1 To ensure an estate winery is secondary to the principal farm use, the minimum area of vineyards to be planted shall be 8 hectares, of which 75% shall be actively producing grapes. 14.43.2 A local farm produce building shall be permitted as an agriculturally related use to the farm operation and may sell produce and other local agriculturally related products. 14.43.3 The maximum floor area for an estate winery, local farm produce building, and ancillary uses, excluding storage, shall be 1300 square metres in order to ensure the estate winery is small scale. 14.43.4 All ancillary uses to a winery shall not detract from the principal agricultural use nor adversely affect surrounding land uses. 14.43.5 The estate winery shall be subject to site plan control to ensure that the winery operations do not negatively impact the agricultural use of the land and manage servicing, parking, drainage and landscaping. 14.43.6 In addition to the policies contained in Part 4, Sections 4.2.1.1 through to 4.2.1.6 of the Official Plan, Council may apply holding provisions to the land to ensure the completion of an archaeological assessment. PART 5, APPENDIX 1 - DEFINITIONS is hereby amended by adding the following new definition: 1.15.1 "Estate Winery" means an agriculturally related use on an established vineyard and /or fruit farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and wine related products where the fruit is used in the production shall be grown within the Region of Niagara. An estate winery may also include the following ancillary uses: a wine retail area, hospitality rooms and outdoor patios and an office. U:ABy- Laws\2012 By-Laws \120724\Body OP AM006.wpd 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 name Debra Attenborough. 2. That Paragraph #2, being appointments to the Committee of Adjustment, be amended to add the name Paul Campigotto. 3. That Paragraph #4, being appointments to the Fence Viewers Committee, be amended to delete the name Jeannette Tossounian. 4. That the appointment to the Committee of Adjustment be effective June 26, 2012, the date of Council's approval. Passed this twenty fourth day of July, 2012 DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 24, 2012 Second Reading: July 24, 2012 Third Reading: July 24, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with Neil and Natalina Barratt to convert a part of Willoughby Drive to an Improved Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Neil and Natalina Barratt (the "Developer") and the Corporation of the City of Niagara Falls as City, respecting an agreement to convert a part of Willoughby Drive to an Improved Street, as attached hereto, is hereby approved and authorized.. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR. First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012 07/11/2012 WED S:53 Fax .1 r 1), 1r 114 }: , "tw,: 12002/012 BETWEEN; NEIL BARRATT and NATALINA BARRATT Hereinafter called the "Developer ", -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City ", of the FIRST PART; of the SECOND PART; WHEREAS the Developer is the owner of the real property known as Part of Lot 11, Concession 1 N. R., City of Niagara Falls, in the Regional Municipality of Niagara, formerly Township of Willoughby, County of Welland and more particularly described in Instrument Number RO8 18770 of the Land Registry Office of the Land Registry Division of Niagara South (No. 59) (the "Lands "); AND WHEREAS the City is the owner of the unopened road allowance known as Willoughby Drive (the "Road "), that abuts the Lands on the western boundary of the Lands; AND WHEREAS the Developer is seeking to build a single detached dwelling (the "Building "), on the Lands; AND WHEREAS the Ontario Building Code requires an Access Route be established to the Building; AND WHEREAS the applicable zoning by -Iaw, By -Iaw No. 395 of the former Township of Willoughby, as amended, requires that a lot upon which a building is to be erected, front upon an "Improved Street" as defined in the said by -law; AND WHEREAS the purpose of this Agreement is to enable the Developer to convert a part of the Road to an "Improved Street" as defined in By -law No. 395, in order to fulfill the requirements to obtain a Building Permit for a single detached dwelling; AND WHEREAS the portion of the Road that will be so converted will function as a public y N`ED 9:59 FAX -2- 2003!012 highway and, accordingly, the design and construction of the works contemplated by this Agreement shall proceed in accordance with the City's policies, procedures and standards for rural road construction; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained and other valuable consideration, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. Developer's Oblig�ttirns to Construct the Worms 1.1 The Developer shall, at its sole cost and expense: (a) provide the City, prior to the commencement of construction and in a form acceptable to the City, with construction plans and the construction contract for the reconstruction of that portion of the Road shown on Schedule "A" attached hereto; (b) construct all roadworks called for by this Agreement (hereinafter the "Works ") in accordance with City standards and specifications for rural road construction, and otherwise in a good and workmanlike manner; and (c) obtain all necessary approvals, permits, licenses and certificates necessary to complete the Works in accordance with the provisions of this Agreement. 1.2 Unless otherwise agreed upon in writing by the parties, the Developer shall be required to complete construction of the Works forthwith, and in no event later than eighteen (18) months from the date of this Agreement. 2, City- owned.,Iniraateneture 2.1 The Developer shall pay all costs associated with any minor modifications, relocations or removal of existing City -owned infrastructure related to the construction of the Works. 3. Condition of the Road 3.1 The Developer hereby accepts the Road in its condition as of the date hereof, and shall not call upon the City to do or pay for any work or supply any equipment to make the Road more suitable for the construction of the Works by the Developer hereunder. 4. Xnspection 4.1 The City shall employ the services of an Inspector during the entire construction period. The Developer shall cooperate with the Inspector and provide any information requested by the Inspector relating to the Works. It will be the duty of the Inspector to inspect the work for 07/11/2012 WED 8:58 FAX .3- X004/012 its conformity with City standards and specifications for rural road construction. 4.2 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Developer, its agents or contractors, and which has been rejected by the Inspector as failing to conform with City standards and specifications for rural road construction shall be removed promptly from the Road by the Developer and replaced or re- executed promptly. 5. Completion of Contract;, Final Inspection and Final Acceptance 5.1 The Works covered by this Agreement will not be deemed complete by the City until an inspection has been made by the Inspector, or his representative. The Inspector shall be accompanied during the inspection by a competent person supplied by the Developer, at the Developer's expense. Final inspection shall not be made until all Works have been completed to the City's standards and specifications forrural road construction, and the Road reinstated and cleaned to the satisfaction of the Inspector. 5.2 Final acceptance of the Works shall be deemed to occur when the Inspector is satisfied that, to the best of his knowledge, the Developer has rectified all imperfect work and has discharged all of the Developer's obligations under this Agreement. 6. security For Performance 6.1 The Developer shall deposit with the City, at the time of the execution of this Agreement, a Letter of Credit approved by the City Treasurer, given by a Class "A" Chartered Canadian Bank in favour of the City and in a form acceptable to the City Solicitor, in the amount of $1 5,300.00, being 100% of the estimated cost of the Works. 62 The said Letter of Credit shall be deposited as security for completion and maintenance of the Works in conformity with the provisions of this Agreement, and performance of any other provisions of this Agreement. 6.3 The said Letter of Credit is to be renewed from time to time by the Developer in a form and amount acceptable to the City as security for completion and maintenance of the Works in conformity with the provisions of this Agreement, and performance of any other provision of this Agreement. 6.4 In the event of the Developer, (a) failing to construct or maintain the Works to the satisfaction of the Inspector; (b) failing to remedy a default or neglect in the performance ofthe Agreement within the time specified herein or as requested or directed by the Inspector or by the City 07!11'2012 WED 8:58 FAX -4- 2005/012 Council; (c) failing to make, on demand of the City, any payment or payments required to be made under the provisions of this Agreement; or (d) in failing to do any other act, matter or thing required to be done, including a renewal of a Letter of Credit, under the provisions of this Agreement, the City, through the City Treasurer, is entitled in its discretion, at any time and from time to time, to realize upon the security described above, and to employ the same, or the proceeds thereof or any part thereof, in doing or completing any or all of the Works or any act, matter or thing required to be done under this Agreement. 6.5 Upon final acceptance of the Works, the City agrees to release to the Developer the Letter of Credit posted in accordance with the provisions of this Agreement. 7. Construe fen D ien Ae+f 7.1 The Developer shall comply with all of the provisions of the Con.Qtruction Lien Act, R.S.O. 1990, as amended from time to time (herein called the "Act "), and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. 7.2 The Developer shall, at its own expense, within ten (10) days of receiving written notice from the City to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Act which affect any lands owned by the City, including public highways, and which arise out of the performance of this Agreement by the Developer and its servants, employees, agents and contractors, 7.3 The Developer shall indemnify and hold harmless the City from all losses, damages, expenses, actions, causes of action, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Developer to comply with the Act, or by reason of any action brought against the City pursuant to the Act and arising out of the performance of this Agreement by the Developer and its servants, employees, agents and contractors. 8. Liabglity of Developer and Indemnification of City 8.1 The City is not responsible for or liable: (a) for any loss or damage that may happen to the Works, or to any part or parts thereof; 07/11/2012 WED 9:59 FAX 2005/012 (b) for any of the materials or other things used and employed in finishing and completing the Works or any part or parts thereof; (c) for any injury to any person or persons, including workmen and the public during the construction of the Works or the maintenance thereof by the Developer pursuant to the provisions of this Agreement; (d) for damage caused by the storage, handling or use of explosives during construction of the Works; (e) for the disposal of surface water from the Road; (f) for damage to any roadway, pavement, sidewalk or other property of the City during construction of the Works; (g) for damage to the property of any person; (h) for damage caused by the construction or operation of the Works; or (i) for any loss or damage caused by the disposal or escape of surface water from the Road, and the Developer agrees to indemnify and save harmless the City, its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the foregoing or for any other act, failure to act, matter or thing arising either directly or indirectly under the provisions of this Agreement. 8.2 Notwithstanding any provisions of this Agreement, the City is not liable for arid no provision of this Agreement is to be construed as imposing upon the City any liability in respect of any matter or thing arising directly or indirectly out of the provisions of this Agreement, for any damage to the Developer, to any other person or to any property of the Developer or of any other person by reason of: (a) any inspection carried out by the City or a duly authorized employee or agent of the City under any by -law of the City, or otherwise; (b) the failure of the City or any duly authorized employee or agent of the City to carry out any inspection under any by -law of the City, or otherwise; or (c) the approval or disapproval of any matter or thing, arising directly or indirectly out of the provisions of this Agreement by the City or any duly authorized employee, servant or agent of the City, and in this connection the Developer agrees to indemnify and forever save harmless the City and its employees, servants and agents from any 07/11/2012 WED 9:5$ FAX -6. Zoo 7/012 claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the provisions of this paragraph, 8.3 Until final acceptance of the Works by the City, the Developer shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the Developer, its agents or employees doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this Agreement. 8.4 The Developer shall take all reasonable precautions necessary to protect the public against injury upon the Road, and when necessary keep out danger signals at night and at such other times and places as public safety may require. 9. Liability Insurance 9.1 The Developer shall obtain from an insurance company acceptable to the City, insurance coverage in respect of liability for property damage and personal injury. Such policy or policies shall: (a) be issued in the joint names of the Developer and the City (or include the City as an additional insured); (b) provide insurance coverage in respect of any one accident or occurrence in the amount of at least Five Million ($5,000,000.00) Dollars, exclusive of interest and costs; (c) be effective for the period of this Agreement; (d) contain a clause indicating that the insurance coverage applies to hazard or damage from "completed operations "; contain no exclusions for damage or loss from blasting or from any other work that may be associated with the development and construction of a road with associated services; and (e) (f) contain a provision that the policy or policies will not be changed, cancelled or allowed to lapse without at least thirty(30) days prior written notice being given to the City. 9.2 Prior to the commencement of construction, the Developer shall deposit with the City a certificate of insurance in a form acceptable to the City Solicitor, certifying that insurance as required by the preceding paragraph has been obtained and is in force. 9,3 The Developer shall provide evidence, to the satisfaction of the City, that all premiums on 07/11/2012 WED 8 :59 PAX -7- ®008 /O12 such policy or policies have been paid and that the insurance is in full force and effect. 9.4 The Developer shall file a renewal certificate with the City not later than one (1) month before the expiry date of any policy provided pursuant to this Agreement, until the City has indicated in writing that the policy need not continue in force any longer. In the event that such renewal certificate is not received, the City shall be entitled to either renew the policy at the expense of the Developer, or to order that all work on the Road cease until the policy is renewed. 9.5 The issuance of such a policy of insurance shall not be construed as relieving the Developer from the responsibility for other or larger claims, if any, for which it may be held responsible. 10. Recitals 10.1 The parties agree that the recitals hereto are true and accurate and form part of this Agreement. 11, Registration of Agreement 11.1 The Developer consents to the registration of this Agreement against the title to the Developer's Lands. 12. Coet of Agreement 12.1 The Developer shall pay the cost of registering the Agreement on title to the Developer's Lands in accordance with the preceding paragraph, and the cost of registering a discharge upon the completion or other termination of this Agreement. 13. Lip cos to by Paid by Developer 13.1 Every provision of this Agreement by which the Developer is obligated in any way is to be deemed to include the words "at the expense of the Developer" unless any such provision expressly provides to the contrary. 14. Arpend went of Aarecmept 14.1 If at any time during the continuance of this Agreement the parties shell deem it necessary or expedient to make any alteration, addition or amendment, they shall do so by means of a written agreement between them, which shall be supplemental to and form part of this Agreement. 07!11/!012 WED 8:59 Fax -8- U004/012 15. Gender 15.1 Wherever the singular or masculine is used in this Agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary have been made and all covenants hereto contained shall be construed to be several as well as joint. 16. No Assignment Without Consent 16.1 The parties agree that no party may assign their respective rights or obligations under the terms of this Agreement without the prior written consent of all other parties, which consent may be withheld without reason, 17. Governing Law 17.1 This Agreement shall be governed and construed in accordance with the laws ofthe Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 1 t. Heirs. Suceessors_and Assigns 18,1 This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns and successors in title. 19. Notice 19.1 Any notice to be given pursuant to this Agreement may be delivered or sent by prepaid first class mail, or facsimile transmission to the parties as follows: The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Director of Municipal Works Telephone: (905) 356 -7521 Fax: (905) 356-2354 v t, i x r e u t :. W1 L 8:99 FAX -9- 20101012 The Developer: Neil and Natalina Barrett 5348 Bethesda Road Stouffvilie, ON L4A 7X3 Telephone: (905) 640 -9450 Fax: (905) 640 -9450 Any such notice, if mailed, shall be deemed to be given to and received by the other party three (3) business days after the mailing thereof, or if sent by facsimile transmission on the date the facsimile transmission was sent, provided it is sent before 4:30 p.m. 20. Lyon- Waivor Of Breach 20.1 Any condoning, excusing or overlooking by any party of any default, breach or non - observance by any other at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or non - observance. 21. Dispute Resolrrtlon 21,1 The parties will attempt to resolve any differences between them respecting any matter in this Agreement by negotiation between themselves personally or by their respective solicitors, and no party shall initiate any other procedure, whether by litigation or otherwise, until negotiations have exhausted all reasonable possibilities of resolution, save and except in an instance where immediate injunctive relief is deemed necessary by one of the parties. The parties hereby consent to the appointment of a mutually agreed upon mediator to assist in the resolution of any dispute arising out of this Agreement. 22. Pjgs(gjpigr s►t�_ Y_ ar•rngr hjy 22.1 The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between themselves, Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. 23. EutireLop$ract 23.1 There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement, and the Schedule attached hereto. ulz weu y: 59 FAX -10- ;011/012 24. $cverability 24.1 If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable 'tom the remaining provisions, which shall remain in force and be binding upon the parties hereto, 25. Obi hist and Several 25.1 If two or more persons are liable under the terms of this Agreement to the City, their obligations shall be both joint and several. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) k Tzti } Tl ) ) ) ) ) ) ) ) ) ) ) ) Noll Barratt THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Medati, Mayor Dean Iodic, City Clerk v 2,V 12, WED $: 59 FAX Willoughby Drive Extension Willoughby Dr from Detenbeck Rd to 200 ft North of Detenbeck Rd Location Map 20 This dale is provided 'es is" end the City of Niagara Falls (the CIt makes no �` 3012 completeness of the data. The maps and drawings contaktcd Min are Inter for representations al or wrra t os express or shall be to the do ed as or official plats or drawings. For further Ir ean/t{lon, layout purposes only and slide not ba nsequ area as please contact the CO Cfiy. The Gly shill not be held Iteble for apeclal, IncldaMSl, tansedusnaal or ndirecl damages arising from the use of this dale. Users assume ea risks In using this dela. No part of (hese digest Images, of Information, or 1ardcopies made from them may be reproduced andtor distributed without this disclaimer CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with Niagara College Student Administrative Council Inc. to provide Niagara Transit Services for the 2012 -2013 school year. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Niagara College Student Administrative Council Inc. (NCSAC) and the Corporation of the City of Niagara Falls as City, respecting an agreement to provide Niagara Transit Services for the 2012 -2013 school year, as attached hereto, is hereby approved and authorized.. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24. 2012 This Agreement date as of the 1St day of September, 2012 BETWEEN: Niagara College Student Administrative Council Inc. 300 Woodlawn Road Welland ON L3C 7L3 (hereinafter referred to as ` NCSAC') And The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 (hereinafter referred to as The City') WHEREAS the NCSAC and The City have discussed the implementation of the Universal Transit Pass for full -time students registered in the Fall and Winter semesters of Niagara College ( "Eligible Students ") with the exception of those students in programs that are not required to pay the Student Activity Fee, and: WHEREAS approval was obtained for the Agreement from The City on July 24th, 2012 and; WHEREAS approval for this proposal was obtained through a vote in a referendum amongst the full -time student membership of NCSAC, NOW THEREFORE THIS AGREEMENT WITHNESSETH that in consideration of the sum of ONE ($1.00) DOLLAR paid by each of the parties to the other, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term The term of this Agreement is for one (1) school year commencing on September 1, 2012 and ending on April 30, 2013. For the purposes of the Agreement the school year commences in September and ends the following calendar year in April, ( "School Year "). Extension of the Agreement beyond April 30, 2013 shall require mutual consent and agreement of all parties hereto. 2. Mandatory Enrollment During the term of this Agreement, a fee (the "Base Fee per student ") shall be set by the NCSAC, covering the School Year during the term of this Agreement, in respect of each Eligible Student. NCSAC shall charge a fee to each Eligible Student as an ancillary fee. Adjustments to this fee shall be administered by the NCSAC Board of Directors. 3. Total Fee For the 2012 -2013 School Year NCSAC shall remit to The City a total fee of $385,704.31 (taxes included). NCSAC shall make payments to The City according to the payment schedule outlined in paragraph 12 of this Agreement. The Total Fee payable is not subject to reduction. NCSAC acknowledges that all fees and increases anticipated herein are based on The City supplying the service outlined in Schedule "A ". In the event that more than one bus or additional services are required then NCSAC shall be responsible for all additional costs associated with same. The City will provide a separate invoice and record schedule to NCSAC for any additional buses required based on the current hourly rate with a minimum of 2 (two) hours and bus and personnel availability. 4. Annual Rate Increase For the 2012 -2013 School Year covered by this Agreement there shall be no increases to the hourly rate. There is a Fuel Escalation Clause, which is explained within Schedule 'B' that may be implemented if fuel costs escalate beyond the defined threshold. 5. Identification In return for the ancillary fee assessed by the NCSAC, all Eligible Students shall be entitled to unlimited ridership privileges on Niagara Falls Transit regular routes during the School Year, when a valid Niagara College Photo Identification Card is produced to the Bus Operator upon entry and it is understood that there is no expectation for service to be provided beyond which is scheduled. In the event a passenger does not produce a valid Niagara College Photo Identification Card or cash fare, they will be refused access to the bus. The nature and format of the acceptable identification will be subject to the approval of The City and the NCSAC. The NCSAC will supply each Eligible Student with a Niagara College Photo Identification Card. This card must also have affixed to it a sticker that will indicate the 2012 -2013 validity period. The NCSAC will supply The City information and copies of Universal Bus Pass stickers that will be accepted by Niagara Falls Transit bus operators and keep The City informed of any changes or alterations to the Photo Identification Card or sticker. The City will accept Niagara College Photo Identification Cards without a Universal Bus Pass sticker from September 1St until no sooner than the end of the third week in September, and from January 2nd to no sooner then the end of the second week in January of the applicable school year. 6. Assignment The Universal Bus Pass is not assignable. Any student who is found to have breached the conditions of use of the Universal Bus Pass will have the privilege revoked without rebate. 7. Confiscated Passes The City reserves the right to check the validity of a Universal Bus Pass with respect to the identity of the user of the pass and the validity of the pass itself and to further deny use of the pass, for cause, as stated in the general policies of The City. Universal Bus Passes that are being used inappropriately will be confiscated by the Bus Operator and will be forwarded to the office of the Niagara College Campus Security with an explanation of the circumstances of the abrogation, to Campus Security and to the NCSAC within 24 hours of the confiscation. In the event that a passenger does not produce a valid Universal Bus Pass, they shall be instructed to pay the cash fare or be refused access the bus. 8. Period of Validity The Universal Bus Pass program will be valid for one School Year. 2 9. Ridership NCSAC acknowledges that non - eligible students or individuals who do not possess a Universal Bus Pass may use the services provided by The City under this Agreement upon payment of the applicable cash fare as set by The City. The City is not required to account or remit said cash fares to NCSAC. 10. Responsibility of Service The City will not be held responsible for service disruptions due to unforeseen circumstances (i.e. weather, accidents, traffic congestion, detours, road closures, mechanical breakdowns, etc.) 11. Service Interruptions In the event of a period of sustained interruption of regular service exceeding 96 consecutive hours, (4 school days), The City's liability will be limited to a reimbursement to NCSAC on a basis of a daily rate, (defined as the total fee paid by NCSAC to The City in that year divided by the total amount of operating days in that year multiplied by the amount of days without service. Operating days shall only include those days where service is offered between September 15t and April 30th of each year. Said reimbursement will be paid to NCSAC within 30 days of resumption of service. 12. Payment Schedule Payment to The City is as follows: Schedule of Payments: No later than October 31St No later than February 28th 50% of the total fee of the current year 50% of the total fee of the current year Late payments will be assessed at an interest charge of 1.5% per month (18% per annum). 13. Service Schedule a. Only one bus will be provided unless other agreements have been reached; b. Schedule 'A' will be provided Monday to Friday during the dates indicated. c. There will be no service provided from May 1 — August 31st of each year. d. There will be no service provided on Statutory Holidays. The service schedule (Appendix `A') will be provided by The City for the 2012 -2013 school year. NCSAC and The City shall make good faith efforts to discuss any potential scheduling changes within the School Year in which the sought schedule changes will take effect. Any adjustment in service indicated in Schedule A to this Agreement must be agreed to by both parties in writing. Service Schedule — see Appendix A 3 14. Eligible Student Totals The City may request the NCSAC to provide a record of the total amount of Universal Bus Passes issued in a given year. The NCSAC may request The City to provide a record of Niagara College student ridership numbers during a given year. All parties recognize that a precise account of total Eligible Students and passes issued may not be possible. However, both parties will make good faith efforts. 15. Contract Terms and Notice of Termination Any party wishing to terminate the Agreement, for any reason, prior to April 30, 2013, must provide the other party with sixty (60) days written notice of its intent to terminate the contract. 16. Lost or Stolen Replacement Passes The City is not responsible for any Universal Bus Pass that has been lost or stolen. The student will be responsible to secure a new student card and transit validation through the processes established by Niagara College and the NCSAC. 17. Insurance The City shall provide NCSAC with proof of liability insurance of not Tess than $5,000,000.00 18. Arbitration If at any time any dispute shall arise between the NCSAC and The City under this Agreement, then such dispute shall upon notice, by one party or the other party that such a dispute exists, be referred to arbitration under such rules and at such time and place as The City and the NCSAC shall mutually agree. Nothing in this foregoing, though, shall prevent the parties from trying to resolve such dispute(s) in mutually satisfactory ways by discussion or negotiations. 19. Notices Any notices permitted or required under this agreement shall be given by personal delivery or sent by prepaid registered mail to the parties at the following addresses. Notices sent by registered mail shall be deemed to be received three regular business days after mailing. To the NCSAC: To The City: Niagara College Student Centre 300 Woodlawn Road Welland ON L3C 7L3 4 Corporation of the City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day of , 2012. Niagara College Student Administrative Council Inc. Per: Katryna McKenna President, Niagara College Student Administration Council "I have authority to bind the Corporation" The Corporation of the City of Niagara Falls Per: Per: James M. Diodati Mayor, City of Niagara Falls Dean Iorfida Clerk, City of Niagara Falls 5 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the payment of $20,363,183.93 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 8, 2012 to July 4, 2012. Passed this twenty -fourth day of July 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24. 2012 July 24, 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 24th day of July, 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 24th day of July, 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. 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. 2. Passed this twenty -fourth day of July, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 24, 2012 July 24, 2012 July 24, 2012