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2012/10/23COUNCIL MEETING Tuesday, October 23, 2012 Order of Business and Agenda Package Niagarafalls COUNCIL MEETING October 23, 2012 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of September 25, 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 Queen's Diamond Jubilee Medals Kim Craitor, M.P.P. will make presentations of Queen Diamond Jubilee medals to local honourees: Sheila Hosking, Carol Mae Maidens, Karen Stearne, Gary Taylor, Jeff Wallis and Dan Bouwman. Snow & Leaf Buddies Patricia Regier and Laurie Elliott -Leach of Community Support Services of Niagara will make a presentation on the Snow Buddies and Leaf Buddies volunteer program. MPAC Lynne Cunningham, Municipal Relations Representative will make a presentation to Council on the upcoming reassessment. PLANNING MATTERS Public Meeting Official Plan Amendment No. 106 Proposed Urban Area Boundary Expansion Northwest Community Landowners Group Background Material: Recommendation Report: PD- 2012 -62 -AND-. Correspondence from Tom Richardson, Sullivan Mahoney Correspondence from John Bacher Correspondence from Mike Dickman Correspondence from Jean Grandoni Public Meeting Official Plan and Zoning By -law Amendment Application Miller Estates South Drat Plan of Subdivision Files: AM- 15/2001 & 26T- 2001 -04 Miller Road (South Side) between Niagara Parkway and Willoughby Drive Owner: FKS, The Real Estate People Inc. and 1162641 Ontario Limited (Brian Sinclair) Agent: Italia Gilberti, Broderick and Partners Background Material: Recommendation Report: PD- 2012 -64 -AND- Correspondence from Andy and Gail Morellato Correspondence Jim Sauer Correspondence from Jean Grandoni Correspondence from Darrly and Lisa Selman Correspondence from Paul A. Uguccioni 3 Public Meeting AM- 2012 -010, Official Plan and Zoning By -law Amendment Application 6690 Montrose Road Applicant: Fernando Pingue Agent: Darbyson Planning. Proposed Residential Development (Future Subdivision) Background Material: Recommendation Report: PD- 2012 -60 -AND - Correspondence from Hugh Fyffe, Ministry of Transportation * * ** Public Meeting AM- 2012 -011, Zoning By -law Amendment Application 4218 Chippawa Parkway Applicant: New City Properties Inc. (Gary Dixon) Agent: Murray Johnston Proposed 4 Unit On- Street Townhouse Dwelling Background Material: Recommendation Report: PD- 2012 -63 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2012 -58 - Proposed Telecommunication Facility, 5645 Morrison Street. Applicant: SBA Canada for Wind Mobile 2. Chief Administrative Officer PD- 2012 -65 - Telecommunication Facility Consultation, West Side of Portage Road. Applicant: Altus Group on Behalf of Bell Mobility 3. Chief Administrative Officer PD- 2012 -67 - Proposed Telecommunication Facility, 4807 Kent Avenue. Applicant: Fontur International Inc. on behalf of Bell Mobility 4. Chief Administrative Officer PD- 2012 -66 - Solar Panel Rooftop Projects 5. Chief Administrative Officer PD-2012-48 -Downtown Community Improvement Plan. Proposed Residential Loan Enhancements 4 REPORTS FINANCE MATTERS 1. Chief Administrative Officer F- 2012 -42 - Soccer Club Update (HANDOUT) MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Winter Festival of Lights - requesting approval of the fireworks displays for this year's festival. RECOMMENDATION: For the Approval of Council. 2. Teachers of English as a Second Language Association of Ontario - requesting the week of November 4th to 10th as "English as a Second Language Week ". RECOMMENDATION: For the Approval of Council. 3. Regional Municipality of Niagara - requesting councillors participate in the planning, promotion and execution of the 2014 FCM Conference and Tradeshow. RECOMMENDATION: For the Consideration of Council. 4. Greater Niagara Circle Route Committee - requesting a municipal appointment to the Regional advisory committee. RECOMMENDATION: For the Consideration of Council. 5. Downtown Board of Management - requesting a review of parking Downtown. RECOMMENDATION: Refer to Staff. 6. SPN (SIo Pitch National) - requesting that the City consider converting utility fields at Patrick Cummings Park as baseball diamonds. RECOMMENDATION: Refer to Staff. 5 7 a. Town of Fort Erie - resolution supporting Dr. Smith's report for a new South Niagara Hospital and Fort Erie Urgent Care Centre. 7b. City of Welland - petition that no services be moved from local hospitals prior to a new South Niagara Hospital and that the new hospital be located in Welland. RECOMMENDATION: For the Information of Council. 8. Nick Roma Foundation - requesting fee waiver for field rental for fundraiser. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RESOLUTIONS 1. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Red Bull Crashed Ice event to be an event of municipal significance and supports the provision of extended liquor licence hours for participating licence holders on November 30 and December 1, 2012. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the outdoor concert in the Victoria Centre BIA, on Red Bull Crashed ice weekend, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP). 6 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. BS- 2012 -04 - Partial Roof Repairs, Municipal Service Centre - 3200 Stanley Avenue BDD- 2012 -08 - Celebrate Ontario Grant re New Year's Eve Show F- 2012 -46 - Municipal Accounts F- 2012 -47 - 2011 Consolidated Financial Statements HR- 2012 -07 - Agent of Record (Benefits Broker) MW- 2012 -48 - M.F. Ker Park Agreement MW- 2012 -49 - Neighbourhood Park Improvement Project Mount Carmel and Valour Park. MW- 2012 -50 - Second Avenue from Bridge Street to North End Hamilton Street from Third Avenue to Second Avenue Road Reconstruction and Underground Services. MW- 2012 -52 - Street Light Maintenance Contract Extension MW- 2012 -53 - Oakwood Drive North Watermain Replacement. Contact # 2012- 255 -11 - Tender Award. TS- 2012 -28 - Overnight Parking Policy and Procedure TS- 2012 -27 - Dixon Street Update to Parking and Traffic By -law 89 -2000 TS- 2012 -36 - 2011 Motor Vehicle Collision Report TS- 2012 -37 - RFT09 -2012 Tender for Supply of Services for Snow Plowing of Municipal Properties- Contract -7- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -100 A by -law to amend By -law No. 79 -200, to rezone a portion of the Lands General Commercial, permit required parking for any uses on the Lands to be provided anywhere on the Lands, and to repeal By -law No. 2003 -88. (AM- 2011 -017) 2012 -101 A by -law to designate Lot J, Registered Plan 267 to be deemed not to be within a registered plan of subdivision. (DB- 2012 -004) 2012 -102 A by -law to amend By -law No. 79 -200, to permit the existing building to be converted to a dwelling containing up to 3 dwelling units. (AM- 2012 -009) 2012 -103 A by -law to amend By -law No 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited, Angle Parking, Speed Limits on Highways - (Part 2 - 60 km /h), Speed Limits on Highways - Part 4 - 80 km /h), Prohibited Turns) 2012 -104 A by -law to authorize the execution of an Agreement with the Circle of Friends respecting the Adopt -A- Program public service program for volunteers. 2012 -105 A by -law to to authorize certain capital works of The Corporation of the City of Niagara Falls ( The "Municipality); to authorize the submission of an application to the Ontario Infrastructure projects Corporation ( "OIPC ") for financing such works and certain other ongoing works to authorize temporary borrowing from OIPC to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of Niagara ( The "Upper -Tier Municipality ") to OIPC. 2012 -106 A by -law to authorize the execution of a Licence Renewal Agreement with Her Majesty The Queen In Right Of Ontario, as represented by The Minister Of Infrastructure, respecting the use of a portion of its lands for parking and recreational purposes. 2012 -107 A by -law to levy costs incurred to construct the Union Marsh Drain 2012 -108 A by -law to authorize the payment of $23,738,965.98 for General Purposes. 2012 -109 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of October, 2012. NEW BUSINESS (10/10/2012) Dean lorfida - Request from Kim Craitor Page 1 From: Cathy Crabbe To: Dean Iorfida CC: Jim Diodat Date: 9/19/2012 2:31 PM Subject: Request from Kim Craitor Dean: Kim has 6 Queen's Diamond Jubilee medais to present and he would like to know if he can do this at the October 23rd Council meeting, presumably because of the extra public exposure it will afford. Thanks for letting me know at your earliest convenience. Cathy ©0 0�0 ono ono 00 © 0 00 ,0 0;0 C> 4 Os 0 Kim Craitor, Niagara Fall Is proud to announce that you have been chosen to receive .{er Majesty's Diamond' jud ilee Medal In recognition of your significant contri6utions to our community Please join me for the medal presentation October 23, 2012 6 :30 p.m. (Niagara Falls City Council Chambers 4310 Queen Street, Niagara Falls, O.JV' The Office of Kim Craitor, Ml P 905 -357 -0681 Business Attire O- COO4>lV)04°OOQ OQ 00O3O4 O ®Q4c)O4) 4 � OO 4 �OO4c> 0600066600046000064666 0 �O O (10/17/2012) Dean lorfida - Queen's Diamond Jubilee Recipients From: To: Date: Subject: Attachments: Cathy Crabbe Dean Iorfida 10/4/2012 11:25 AM Queen's Diamond Jubilee Recipients D00052810. pdf »> Fisher_Kathy <kflsheraliberal.ola.orq> 10/4/2012 11:16 AM »> Hi Cathy, NF recipients are: Sheila Hosking Carol Mae Maidens Karen Stearne Gary Taylor Jeff Wallis Dan Bouwman (Mike Strange - medal already has been presented) A copy of the invitation is attached. Have a great Thanksgiving. Kathy Kathy Fisher EA Kim Craitor, MPP Niagara Falls 3930 Montrose Road, Unit 8 Niagara Falls, ON L2G 3C9 905 - 357 -0681 Fax 905 - 357 -9456 kathy fisher[a�liberal.ola.org From: Cathy Crabbe [ mailto:ccrabbe©niagarafalls.ca1 Sent: October 4, 2012 11:06 AM To: Fisher_Kathy Subject: Queen's Diamond Jubilee Recipients Hi Kathy: City Clerk, Dean Iorfida has just called me requesting a copy of the letter you sent to your Queen's Diamond Jubilee recipients for his records along with the names of the recipients. Can you please forward at your earliest convenience. Thanks, Cathy Cathy Crabbe Executive Secretary to (10/10/2012) Dean lorfida - Snow /Leaf Buddies Presentation to Council Page 1 From: Selene Tudini To: Dean Iorfida CC: Geoff Holman Date: 9/14/2012 10:17 AM Subject: Snow /Leaf Buddies Presentation to Council Dean, Community Support Services of Niagara would Tike to present to the Mayor and Council on Oct. 23, 2012 to discuss the Snow Buddies and Leaf Buddies volunteer program. Can this be added to the agenda? Presenters: Patricia Regier and Laurie Elliott Leach Thank you, Selene Tudini Executive Secretary Municipal Works City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 905 - 356 -7521 ext. 4210 Fax 289 - 296 -0048 studini @niagarafalls.ca »> From: "Patricia Regier" <pregier @cssn.on.ca> To: "'Selene Tudini'" <studini©niagarafalls.ca> CC:"'Laurie Elliott- Leach'" <lelliott@cssn.on.ca> Date: 14/09/2012 9:57 AM Subject: RE: New Snow Buddie Season and an announcement Hi Selene We would appreciate the opportunity to present to the Niagara Falls city hall (last time I presented it was without the mayor and it was not on cogeco). October 23rd would be great, please confirm if Snow Buddies could be added to the agenda. Thank you! Tricia Patricia Regier HNHB Safety at Home & Snow Buddies Program Manager Community Support Services of Niagara Phone: 905 - 682 -3800 Ext. 32 or 1- 866 -283 -1931 Website: http: / /www.cssn.on.ca "Helping Seniors Live at Home" ( https: / /www.facebook.com /pages /Niagara- Snow- Buddies- Group- Community Support Services of Niagara "We help seniors live at home" • Serve both seniors & adults with disabilities • Non - profit; funding from the LHIN • 10 years as an amalgamated agency; 3 offices • CSSN: Serving all of the Niagara Region • Many services supported by volunteers Volunteer Visiting & Phone Chat DID YOU KNOW? • Every 10 minutes at least one senior visits an emergency department due to a fall • Every 30 minutes at least one senior is admitted to hospital due to a fallu, • $962 million is the estimated annual cost for senior's falls in Ontario,, Keeping he lthy sate and \ Why do you need to know this? Leaf & Snow Buddies' Student Volunteers Keeping h althy sate and strong., c Why Safety at Home? People are injured at home more than any other location ,'This program can help people stay living independent in their home Keeping healthy sate and strong , tit How "Safety at Home" helps? • Free individualized home visit & referrals • Snow removal volunteers "Snow Buddies • Assistive devices subsidy option • Home modifications • Brokered worker; Home Maintenance & Repair Profile of a CSSN Client His heart condition His income is does not allow him to limited. expenses shovel his driveway include medical His kids live out of zetia needs. medications, town groceries and home expenses Leaf 8 Snow Buddies help a senior stay independent and safe in their homes... Allowing support services to get to his home and allowing him to leave for medical appointments and the grocery store Snow Buddies can help him not feel trapped in his own house in the winter Leaf Buddies ❑ A lot of seniors also need support in the fall Prevents falls Gives students more volunteer hours ❑Matching earlier and carries into the winter Community involvement; helping a neighbour I ❑I ntergenerational interaction C*' ❑Free support; people cannot afford to pay eht i Snow Buddies /Match volunteers with seniors /Provide FREE snow removal /Prevent slips & falls /Volunteer opportunity ✓A support for seniors What we have accomplished: Media Yi agara)•a1ts mffemozwrit Partnerships it Ambassador Award SNOW BUOOIE VOLUNTEER PROGRAM TOQUES What are we asking of you? Q Continue to be Supportive of Leaf & Snow Buddies El Encourage students to volunteer with the Leaf &Snow Buddies program Q You have been a Champion Partner Thank you Laurie Elliott-Leach Snow Buddies Coordinator lelliott @cssn.on.ca 905- 682 -3800 ext 28 Tricia Regier Safety at Home Program Manager Community Support Services of Niag pregier(cssn.on ca 1- 866 - 283 -1931 ext 32 www.cssn.on.ca (10/10/2012) Dean Iorfida - Presentation to Niagara Falls council- October 23rd 2012 From: "Cunningham, Lynne" <LYNNE.CUNNINGHAM @ mpac.ca> To: "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> CC: mrl8enquiry <mr18enquiry@mpac.ca> Date: 7/27/2012 12:01 PM Subject: Presentation to Niagara Falls council- October 23rd 2012 Dean, As per my conversation with your assistant, I would like to present at the Niagara Falls council meeting scheduled for October 23rd, 2012. My intent is to provide some information to your council. The presentation will focus on an update from MPAC. It will be an introduction to Property Assessment with some details on the up and coming reassessment of property values scheduled for the fall of 2012. Notices will be sent out to all property owners to reflect the Assessment Update for the 2013 -2016 tax year based on a valuation date of January 1 2012. Thanks in advance. Lynne Lynne Cunningham Municipal Relations Representative Communications and Public Relations Department MPAC - Region 18 - Niagara One St Paul Street St Catharines, ON L2R 7A7 `: 905.688.1968 ext 262 *c: 289.213.3842 [Description: Description: MC900237444[111 905.688.9929 Lynne .Cunningham @mpac.ca <mailto: Lynne.Cunningham @ mpac.ca> NOTICE: This e -mail message and any attachments are confidential, subject to copyright and may be privileged. Any unauthorized use, copying or disclosure is prohibited. If you are not the intended recipient, please delete and contact the sender immediately. Please consider the environment before printing this e -mail. AVIS : le pr ?sent courriel et toute pi ?ce jointe qui l'accompagne sont confidentiels, prot ?g ?s par le droit d'auteur et peuvent ?tre couverts par le secret professionnel. Toute utilisation, copie ou divulgation non autoris ?e est interdite. Si vous n' ?tes pas le destinataire pr ?vu de ce courriel, supprimez -le et contactez imm ?diatement I'exp ?diteur. Veuillez penser ? l'environnement avant d'imprimer le pr ?sent courriel Page 1 mpac MUNICIPAL P R O P E RTY ASSESSMENT C O R P ❑RATI O N To: Heads of Council All Ontario Municipalities September 7, 2012 / From: Dan Mathieson Chair, MPAC Board of Directors Subject: 2012 Property Assessment Notice Mailing The Municipal Property Assessment Corporation (MPAC) will mail Property Assessment Notices for Ontario's nearly five million properties this fall. This assessment is based on a January 1, 2012 legislated valuation date and is effective for the 2013 -2016 property tax years. The last province -wide Assessment Update took place four years ago and was based on a January 1, 2008 valuation date. Eligible market increases between 2008 and 2012 will be phased -in over four years and all market decreases will be applied immediately. The assessed value and phase -in amounts are included on the 2012 Property Assessment Notice. Although each Notice also indicates a number of ways to contact MPAC, you may also receive enquiries. The enclosed kit provides important information about the 2012 Assessment Update and will help you and your staff respond. It includes: • a sample of the 2012 Property Assessment Notice; • a copy of the Information Insert included with every Notice; • Important Information About Your 2012 Property Assessment brochure; and, • a fact sheet about MPAC and assessment. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L 1 V 0C4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca All Heads of Council September 7, 2012 Page 2 of 2 The key dates for the 2012 Assessment Update are: September 13 — November 16, 2012 Property Assessment Notice Delivery Period December 12, 2012 Assessment Roll delivered to municipalities April 1, 2013 Deadline for filing a Request for Reconsideration Enquiries about Property Assessment Notices and assessment in general, may be directed to MPAC's website at www.mpac.ca or to our Customer Contact Centre at 1 866 296 -MPAC (6722) or 1 877 889 -6722 (TTY). Our Customer Contact Centre and our local MPAC offices will operate extended hours from 8:00 a.m. to 6:00 p.m., Monday to Friday during the Notice delivery period. Property owners may also visit their local MPAC office to meet with us face -to -face. Details about extended local office hours are included with every Notice. This fall, MPAC has also launched a new and improved AboutMyPropertyTM. Every property owner can access detailed assessment information at www.aboutmyproperty.ca using the login information included on every Notice mailed. We would be happy to answer any questions that you may have about assessment and this year's update. If you have any questions, please do not hesitate to contact me at 519 271 -0250 x234 or Arthur Anderson, Director, Municipal Relations at 905 837 -6993 or at 1 877 635 -6722, extension 6993. Yours truly, ga/efet_ Dan Mathieson Chair, MPAC Board of Directors Enclosure Copy MPAC Board of Directors Antoni Wisniowski, President and Chief Administrative Officer, MPAC Arthur Anderson Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LIV 0C4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca Sb311VW ONINNVId NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -62 October 23, 2012 SUBJECT: PD- 2012 -62 Official Plan Amendment No. 106 AM- 30/2004, Proposed Urban Area Boundary Expansion Northwest Community Landowners Group RECOMMENDATION 1. That Council approve the application by the Northwest Community Landowners Group, to expand the urban area boundary north to Mountain Road, between Montrose Road and Kalar Road. 2. That this report be sent to the Niagara Region as support for Regional Policy Plan Amendment #196. EXECUTIVE SUMMARY In 2004, an application on behalf of the Northwest Community Landowners Group (NCLG) was submitted for an Urban Boundary Expansion. This application has been discussed and considered by Council on numerous occasions. More recently, Council recommended to Niagara Region that the lands collectively known as the NCLG Lands be included within the Region's Gateway Amendment, given their location, QEW access and visibility. As part of the Gateway Amendment's approval, Regional staff was asked to bring forward the NCLG Regional Policy Plan Amendment application for reconsideration. City and Regional staff met subsequent to the approval of the Gateway Amendment and agreed to move the amendments forward in a parallel manner and to resolve an application that predates the Provincial Growth Plan. Amendment #106 to the Official Plan is being brought forward by staff for consideration by Council in order to provide the Region with comments on the complementary Regional Policy Plan Amendment. Official Plan Amendment (OPA) #106 provides for the expansion of the urban boundary to include the NCLG Lands. Given the gateway nature of these lands with their excellent QEW exposure and access, OPA #106 requires the development employment uses as part of a complete community. It also provides a policy framework for the preparation of a future secondary plan, the Gateway North Secondary Plan. In order for the lands to progress from the planning stage to being development- ready, a number of studies as well as infrastructure works will be necessary and will have to considered in the preparation of the upcoming Development Charges By -law. October 23, 2012 BACKGROUND - 2 - PD- 2012 -62 The proposal to expand the urban area boundary north to Mountain Road, between Montrose Road and Kalar Road, by the NCLG was submitted in 2004 prior to the Provincial Growth Plan. It has been before Council on previous occasions; on June 29, 2009 Council passed the following recommendation: That the area proposed for an expansion to the urban area boundary in the northwest quadrant of the City be designated as the next growth area by the Region and the City. More recently, Council recommended to Niagara Region that the subject lands be included within the Region's Gateway Amendment, given their location, QEW access and visibility. As part of the Gateway Amendment's approval, Regional staff was asked to bring forward the NCLG Regional Policy Plan Amendment application for reconsideration. City and Regional staff met subsequent to the approval of the Gateway Amendment and agreed to move the City and Regional amendments forward in a parallel manner. Amendment #106 to the Official Plan is being brought forward by staff for consideration by Council in order to provide the Region with comments on the complementary Regional Policy Plan Amendment. Overview of the NCLG Proposal The application is to expand the urban area boundary to include 75 hectares (185 acres) of land located in the northwest quadrant of the City was submitted in 2004. A mixed -use residential and commercial development described as an "adult lifestyle" community is proposed within this expansion area. The community would provide: • 483 single /semi - detached dwelling units • 880 apartment/townhouse dwelling units • 5.62 ha (13.9 ac) for commercial development • 3.28 ha (8.6 ac) for institutional development • 3.86 ha (9.5 ac) of environmental protection area The lands are located east of Kalar Road, west of Montrose Road, south of Mountain Road and north of the Hydro corridor. The lands are occupied by the Club Italia building and outdoor sports fields and recreational area, Redeemer Bible Church, Regency Motel, Shady Oaks trailer park and a few single detached dwellings. The majority of the area is fallow agricultural fields and some under cultivation. A branch of Ten Mile Creek flows east to west across the area and through a wetland area which is situated centrally on the lands. Surrounding land uses include vineyards and agricultural lands to the north (NEC area) and west and the Mount Carmel residential subdivision, south of the Hydro Corridor. Growth Plan for the Greater Golden Horseshoe The application made the NCLG pre -dates the Growth Plan for the Greater Golden Horseshoe ( "the Growth Plan ") and the current 2005 Provincial Policy Statement (PPS). Because of this, the application is being reviewed on its own merits against the 1997 PPS. The expansion of the urban boundary over the NCLG lands will create additional Greenfield lands, that, through the future secondary planning process, will be developed as a complete community with a mix of uses and housing types which will fulfill the obligations of the Growth Plan. October 23, 2012 Need - 3 - PD- 2012 -62 The 2007 Municipal Comprehensive Review (MCR) undertaken by urbanMetrics inc determined that the City would have a sufficient land supply to about 2022. The Growth Plan states that municipalities are to have 20 -year supply of land (to 2031). While development has slowed since the economic crisis of 2008, it is anticipated that housing growth will shift to the latter part of the planning period. N. Barry Lyon Consultants Ltd, consultants to the City, have stated "...our analysis shows that the actual near term demand are well below this forecast. This suggests that there will be greater pressure for growth near the end of the forecast period but less pressure on the land supply in the near term." Given that a 20 -year projection of need would take us from now until the end of the Provincial Growth Plan planning period, staff did a further assessment of need beyond the 2022 time frame of urbanMetrics. Through staff's modelling exercise three different scenarios were developed as follows: Scenario #1 A moderate increase in population in the near term (2021) followed by a more rapid increase through to 2031. Scenario #2 A rapid increase from 2016 through to 2031. Scenario #3 A slow steady growth throughout the planning period. 110,000 Population Growth 105,000 — c 100,000 — 95,000 — a °° 90,000 — 85,000 — 80,000 2011 2016 2021 2026 2031 Years —+— Scenario #1 ■ Scenario #2 - k- - Scenario #3 - - -- OPA No 94 projection - - w - MCR Projection Scenario #1 was seen as the most realistic portrayal of delayed growth. Staff then applied projections of housing requirements to populate Scenario #1. The results of the housing model is illustrated on the following graph. October 23, 2012 Number of units 3000 2500 2000 1500 1000 500 0 - 4 - Housing under Scenario #1 2011 2016 2021 2026 2031 Ye a rs PD- 2012 -62 - Singles /Semi's --� Townhouses £ - Apartments Demand is expected to remain high for both single and semi - detached dwelling units. The graph below shows the projected supply of units vs demand for singles /semi's. The modelling suggests that a shortfall will occur prior to 2031 for singles /semi's. This, coupled with the fact that 85% of singles /semi's are built in the Greenfield Area of the City, indicates there will be a need for land and that the City will fall below a 10 -year supply in the early part of the next decade. Number of Units 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 Supply vs Demand for Singles /Semi's 2016 2021 2026 Ye a rs 2031 —• Supply f Demand In addition to urban residential land supply, urbanMetrics identified the QEW /Mountain Road interchange for future employment lands. The Province recognizes the area from Niagara Falls to Fort Erie as the Gateway Economic Zone. The Region's Gateway Amendment recognizes the QEW corridor as a major gateway economic area. The October 23, 2012 - 5 - PD- 2012 -62 proposed urban expansion will allow for this gateway development to occur. Moreover, employment lands are necessary for the development of Greenfield lands as complete communities and to achieve the densities required of the City by the Regional Policy Plan. Official Plan Urban expansion of the NCLG Lands as demonstrated by the needs analysis are to develop as a complete community under the policies of the Growth Plan. Accordingly, OPA No. 106, has been prepared to provide the policy framework for the future planning of the area. These policies would help refine the mix of uses and the densities from the NCLG proposal to be more in line with those established by the Growth Plan and implemented by OPA No. 94 (the City's Growth Conformity Amendment) adopted earlier this year. Official Plan Amendment (OPA) No. 106 has been drafted by staff and is attached to this report. The landowners' planning consultant was circulated the amendment and has found it acceptable. OPA No. 106 differs from the NCLG proposal in a few significant areas: • Preparation of a vision as a complete community. Greenfields are to be developed as complete communities with a mix of uses and housing types so that people can live and work in the same area. A target density of 53 people and jobs per hectare is also to be achieved. Lands that form part of the Economic Gateway. Employment lands are to be a critical component of future development. The NCLG Lands have excellent QEW exposure and access which should capitalized upon as existing QEW frontage for employment uses is limited, both within the City and the Region. A comprehensive land use strategy. The lands will be subject to a future secondary plan (Gateway North Secondary Plan) part of which will be a comprehensive land use strategy that will include employment lands, residential uses of various types and densities, neighbourhood commercial uses and parkland /open space areas. The land use strategy will also have to address the protection of natural heritage areas. • A servicing and transportation strategy. A fundamental issue that will have to be addressed as part of the secondary planning exercise is servicing. Currently, a forcemain that services Club Italia and is sized to accommodate flows emanating from the Club only. A servicing study will have to be undertaken to determine the appropriate upgrades to this system as well as downstream upgrades to the Kalar Road Pumping Station. Regional Policy Plan Amendment #196. In November, 2009, the Region, at the request of the applicant, deferred report ICP 56- 2009. The matter has remained in deferral at the Region until this time. Niagara Region held a statutory Public Meeting for Regional Policy Plan Amendment #196 on September 26, 2012. As is the Region's process, no decision was made on the amendment at the Public Meeting; the Integrated Community Planning Committee will consider a staff report sometime in November. October 23, 2012 FINANCIAL IMPLICATIONS - 6 - PD- 2012 -62 As noted above, a secondary plan will be the next step in the planning process, should both Region and City amendments be adopted. The secondary plan will require the following studies, at a minimum: Servicing study Transportation Impact Study Scoped Watershed and Master Drainage Plan Noise Study Further, in order to bring the lands to the point of being development- ready, the servicing works noted above would have to be constructed, and possibly road network improvements. These studies and works, being development - related, would be paid through Development Charges. As such, these matters will have to be considered next year when the next Development Charges By -law is updated. CITY'S STRATEGIC COMMITMENT OPA #106 fulfills Council's commitment to a well - planned City. LIST OF ATTACHMENTS • Appendix 1 - Draft OPA No. 106 Recommended By: Respectfully Submitted: J. Barnsley /A. Herlovitch: gd Attach. Alex Herlovitch, Director of Planning, Building & Development K n Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -62, OPA #106, Proposed UAB expansion, NCLG.wpd APPENDIX 1 DRAFT 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. 106 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) The area as shown on the map attached entitled Map 1 to Official Plan Amendment No. 106 shall be included within the Urban Area Boundary on Schedule A to the Official Plan and shall be labelled "Gateway North Secondary Plan Area ". ii) The area shall be included on Schedule "A2" to Official Plan Amendment No. 94, labeled as Gateway North Secondary Plan Area, as shown on the map attached as Map 2 to Official Plan Amendment No. 106. ii) A new "Schedule A-4 - Gateway North Secondary Plan Area" attached as Map 3 to Official Plan Amendment No. 106 is added. iii) The area shall be included on Schedule "B" to the Official Plan, labeled as Map 4, Gateway North Secondary Plan Area, as shown on the map attached as Map 3 to Official Plan Amendment No. 106. iv) The area shall be included on Schedule "8" to Official Plan Amendment No. 94, labeled as Phase 2, as shown on the map attached as Map 5 to Official Plan Amendment No. 106. 2. TEXT CHANGE i) A new PART 5 SECONDARY PLANS, SECTION 2 - GATEWAY NORTH SECONDARY PLAN AREA is to be added as follows: "PART 5 SECONDARY PLANS SECTION 2 GATEWAY NORTH SECONDARY PLAN AREA 1. The Gateway North Secondary Plan Area applies to approximately 75 hectares of land located on the south side of Mountain Road, west of Montrose Road, east of Kalar Road and north of the Hydro corridor as shown on Schedule A -4 of this Plan. The Gateway North Secondary Plan Area shall be prepared in accordance with the secondary plan policies of this Plan and shall include, but not be limited to: - 2 - • a vision for the development as a complete community; • a comprehensive land use strategy incorporating a mix of housing types and densities, commercial facilities, employment areas and parks /open space. • the protection of natural heritage features • a comprehensive servicing strategy and sustainable transportation network. 3. Further, the Gateway North Secondary Plan shall be subject to the policies of PART 2, Section 1.16 of this Official Plan, as amended by Official Plan Amendment No. 94, and be developed at a density of 53 people and jobs per hectare. 4. Specific studies required through the Secondary Plan process may include, and are not limited to, the following: • a constraints analysis for natural heritage; • a servicing study; • a transportation impact study; and • a noise study. 5. In advance of approval of the secondary plan, development on the lands within the Gateway North Secondary Plan Area shall be limited to current zoning provisions." MAP 1 TO AMENDMENT NO. 106 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA 4 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN E-1 ENVIRONMENTAL PROTECTION AREA GOOD GENERAL AGRICULTURE NIAGARA ESCARPMENT PLAN AREA RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms hart of Amendment No 106 to the Official Plan for the City of Niagara Falls and tt must be read in conjunction with the written text. K:`(,IS Keyunia 2007,S:hNUICri/^..gA.\MAM I?N^aPtn^R N S 1:11,000 AM- 12/2007 October 2012 MAP 3 TO AMMENDMENT NO. 106 SCHEDULE - A -4 - TO THE OFFICIAL PLAN Gateway North Secondary Plan Area � ` � 411 °iii ....g0r* A 1/1/, aggeSlh• 1101MMIM AYR fintieg OIL 4v:iiIi -441 son es.. 11111111111W 1:9,500 N S NOTE: This schedule forms part of Ammendment No. 106 to the Official Plan for the City of Niagara Falls October 2012 K: \GIS_Requests \20044 Schedules \ZonngAM\AM- 301maoping.map and it must be read in conjunction with the written text. PHASING OF DEVELOPMENT (Z) Existing Munlcpal iernce Ar,a C) Gatewa4 NOW', Secorxtary Area Snitn West Sernce Area Grassy Brock Serv.ce Area � �� CSSrpawa Service Arra IC) Long Terrrr r4:ntipaI Serice Arca K:h ?OPISi.MnK1P <MM�N:On ow NOTE 1MI5 MAP REPRESENTS A PHASING SCHEO01E FCR FUTURE DEVELOPMENT AND I5 DIRECTLY RELATED TO THE EXPANSION OF MUNICIPAL. SEWER AND WATER SERVIC_S MANMLNG♦ WWI OPMENr 7yr51C4 y■it 1 NJ,OW SULLIVAN vMAHONEYriP = LAWYERS r Via E -mail to idiodati iiniagarafalls.ca Mayor Jim Diodati and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 October 11, 2012 Please reply to St. Catharines office Dear Mayor Diodati and Members of Council: Re: Proposed City Official Plan Amendment 106: Official Plan Amendment application AM- 30/04: Applicant: Northwest Community Land Owners Group Our File No. 77829 Planning „{rnne0 File: t We act as solicitors for Thundering Waters Development Corp, with respect to proposed City of Niagara Falls Official Plan Amendment No. 106. We understand that a public meeting is to be held to consider this application on October 23, 2012. The purpose of this letter is to express our client's strong opposition to the proposed northwest Niagara Falls urban area boundary expansion contemplated by City of Niagara Falls Official Plan Amendment No. 106. A similar letter of opposition has been sent to the Regional Municipality of Niagara with respect to proposed Regional Policy Plan Amendment 196, which proposes to amend the urban area boundary as set out in the Regional Policy Plan. We are aware that the Ministry of Municipal Affairs and Housing for the Province of Ontario, by letter dated September 26, 2012, has advised that the proposed Regional Policy Plan Amendment does not meet the criteria outlined in the applicable Provincial or Regional Policy framework. As members of the Council will be aware, Thundering Waters Development Corp. is in the process of bringing online an approved plan of subdivision which will accommodate approximately 2,500 units. The Thundering Waters application was commenced in 2006. Before that application could proceed, our client was required to produce a justification report showing the need for the development in the City of Niagara Falls. That study was undertaken at the joint cost of Thundering Waters and Warren Woods by UrbanMetrics. 40 Queen Street, P. O. Box I360, St. Catharines, Ontario L2R 622 Telephone: 905- 688.6655, Facsimile: 905-688-5814 4781 Portage Road, Niagara Falls, Ontario 1.2E 6B1 Telephone: 905-357-0500, Facsimile: 905.357.0501 wwsy sutlivan-ma1tonev con V.F. Muratori, Q.C. P.B. Bedard J.M. Gottli R.B. Culliton S.J. Prerni C. D Angelo J.P. Maloney M.D. Atherton L.Sgatnbelltai D.A. Maloney T.A. Richardson J.R. Bush R. Vacca J.McNuhy P.M. Sheehan \V.B. McKaig P.A. Mahoney B.A. Macdonald T. Wall BJ. Troup J.M. Armitage M.W. Vanoostveen Counsel (Commercial Law): M.D. Kriluck J. Dallas M.J. Bonomi D.M.Wilkr G. Fatty D.A. Goslin G.W. McCann L.K.Parsons D, Contincnza Page 2 Subsequent to the UrbanMetrics report, Regional planning staff provided Report ICP 56 -2009. In the conclusions to that report, we find the following statement: "staff believe that the need for the inclusion of the northwest area inside the urban area at this time has not been clearly demonstrated." We have no knowledge of any demonstration of need since November 25, 2009, the date of ICP Report 56 -2009. Report ICP 56 -2009 goes on to say that "staff are concerned that the inclusion of these lands now will impact the development of lands already within the urban area and possibly impact the intensification targets and the development of the converted employment lands and do not represent good planning ". The converted employment lands referenced in this statement are the lands of Thundering Waters and Warren Woods, both of which developments receive approval from both Regional and City Council. This statement substantially reflects our client's concern with respect to impact which may occur if proposed Official Plan Amendment No. 106 is approved. Report ICP 56 -2009 then concludes that "therefore, in the absence of a consensus regarding the demonstration of a need for this expansion and given the possible impacts on ordering development of other Lands within the existing urban area, staff recommend that Council not proceed Regional Policy Plan Amendment 106 at this time ". The letter of the Ministry of Municipal Affairs and Housing, referenced above, dated September 26, 2012, states, in part that "given the 40 -year supply of approved urban land within Niagara Region, which is above and beyond the 20 -year time horizon required by Provincial policies, the application does not demonstrate the need to expand the urban boundary; this type of development could be accommodated in a residential area within the existing urban boundary; the proposed development may compromise intensification goals within Niagara Region's existing urban boundary ..." Three separate studies have been undertaken, evaluating the need to expand the urban area of Niagara Palls. Hemson Consulting Ltd. undertook work for the Northwest Community Land Owners Group, which report was submitted in support of the application for Regional Policy Plan Amendment 196, and local Official Plan Amendment No. 106. UrbanMetrics undertook a study, on behalf of the City of Niagara Falls, reviewing the Hemson report and analyzing the conversion of employment lands for Thundering Waters and Warren Woods. Dillon Consulting/Watson and Associates undertook work as part of the Places to Grow exercise for the Region of Niagara. As stated in Report ICP 56- 2009, "the UrbanMetrics study recommended that the City not consider urban boundary expansions at this time but rather focus planning and servicing resources on lands inside the urban area to meet Provincial Policy objectives for infill and intensification where feasible. It was further recommended that urban boundary expansions involving all or any of the amendment 196 lands be deferred to the next municipal comprehensive review or, alternatively, when the municipality is no longer able to support its 10 -year housing requirements as set out in Section 1.4.1 of the Provincial Policy Statement ". Thundering Waters is not aware of any appreciable change in the conclusions of the reports by UrbanMetrics and Dillon. Page 3 In the face of a lack of any evidence demonstrating a need for this expansion, on behalf of Thundering Waters Development Corp., we ask that the Council of the City of Niagara Falls deny application AM- 30/04, and not approve Official Plan Amendment No. 106. Yours very truly, SULLIVAN, MAHONEY LLP Per: Thomas A. Richardson C.S. TAR;snt co—Mr. Dean iorfida, City Clerk cc—Mr. Alex Herlovitch, Director of Planning cc---Mr. Ken Beaman, City Solicitor co—Mr. Jonathan Whyte, Thundering Waters Development Corp. The Preservation of Agricultural Lands Society (PALS)Working to Protect the Best Farmlands in Canada Since 1976 Box 1090 St. Catharines Ontario L2R 7A3 905 468 2841 or 905 684 4834 September 18, 2012 Response to Proposed Regional Plan Amendment No. 196 - John Bacher (PhD) Introduction: The Preservation of Agricultural Lands Society, (PALS) is opposed to proposed Regional Policy Amendment 196 as it is in violation of the Provincial Growth Plan, and represents an urban expansion on 184 acres of land that are currently designated and zoned as prime agricultural lands. These lands are also significant for a number of environmental reasons, as they are the headwaters of the Ten Mile Creek, and a key corridor for wildlife movement between the Niagara Escarpment and the Provincially Significant wetlands that line the Welland River. 1. Proposed Amendment is Subject to Requirements of Provincial Growth Plan In an information sheet on Amendment 196 it is indicated that "Regional staff' are of the opinion that the proposal represents "good planning." The cornerstone of this assumption is the inaccurate supposition that due to the date of the application for this Amendment, it "predates" the Province's Places to Grow legislation, which is the basis for the Growth Plan. It is accurate, as Regional staff point out, that the May 2004 application for Amendment No. 196, predates the 2005 passage of the current Provincial Policy Statement (PPS) under the Planning Act. However, there is a major difference in the necessary date of application for the PPS policies and those of the Growth Plan. This is, while the policies of the PPS do not apply to Official Plan Amendments that were submitted by 2004, the time applicability of the Growth Plan to possible urban boundary expansions is definitely not the same. 2 The transitional rules that govern the Growth Plan are established under the Ontario Regulation 311/06. In Section 4 (b) of the transitional rules applicable to a request for an urban boundary expansion, it is indicated that Official Plan Amendments are subject to the Growth Plan, if, as of June 16, 2006, such a request for a change "has not been approved by the approval authority." This is clearly the case with Amendment No. 196, which has not been approved by the approval authority i.e. the Council of the Regional Municipality of Niagara. 2. Proposed Amendment Is Not in Conformity With Growth Plan As they wrongly considered Amendment No, 196 to be "exempt' from the Provincial Growth Plan, in this instance, Regional Staff did not bother to consider if it conformed to its policy intent. In contrast, in 2008 Regional staff undertook a conformity exercise to develop an appropriate amendment to the Regional Official Plan , so that it conformed to the Growth Plan. On December 8, 2008 both Dillon Consulting and the Niagara Regional Planning Department put forward a proposed Option D. The cornerstone of this report was that no urban boundary expansions can be justified in Niagara since there is a 41 year supply of serviced residential land. In Section 5.5.3 of this report, it was concluded that based on their "residential and employment needs analysis'; .. "there is no need to recommend any immediate settlement area expansions in Niagara." These figures should be regarded as conservative since they do not take into account likely brownfield redevelopment, or extensive areas of vacant dry industrial lands. It was recommended by Dillon and the Planning Department, that instead of urban boundary expansions future growth be concentrated on currently appropriately zoned land "especially in a north -south corridor between Port Colborne and St. Catharines." This would serve to increase the opportunity for inter -city /regional transit as well as the feasibility of local transit in this corridor." Many of the problems with urban boundary expansions in general were found by the Growth Plan conformity process to apply to lands in Niagara Falls which are the subject of Amendment No. 196. Here, they noted that a proposed expansion would undermine "tourism potential in the Niagara Parkway and QEW corridor where factors such as traffic congestion and urban encroachment on tourism assets will continue." This is quite true, since the proposed urban expansion is just south of Mountain Road, which forms the boundary for both the Niagara Escarpment Plan and the protected countryside of the Greenbelt. Although not marked adequately as "Good Grape" lands the soils here are of the same character as similar lands protected by the Greenbelt north of Mountain Road. These are predominately Class One Oneida Clay Loam soils, which have the potential for high quality grape production. In an earlier report on this issue, ICP 56 -2009, the Planning Department also noted that urban development on these lands would reduce the quality of the buffer to protect remaining agricultural land. 3 It was noted that "the existing hydro corridor is a wider and more effective buffer to agricultural land and just as clear a boundary line as Kalar Road or Mountain Road." 4. Draft Beaverdams and Shriners Creek Watershed Draft Plan Identifies Many Environmental Concerns with Proposed Urban Expansion In April 2009 the Niagara Peninsula Conservation Authority issued its Phase One: Draft of the Beaverdams and Shriners Creek Watershed Plan. ( although not mentioned in the report's title this includes the area impacted by Amendment 196 which is in the Ten Mile Creek watershed). The report shows that the lands which are proposed for urban expansion under Amendment 196 have considerable environmental sensitivity. Figure 9 of the Draft Watershed Plan identifies the entire area that is the subject of Amendment 196 as a "Metta Core" Carolinian Corridor. This plays an important ecological function in providing wildlife habitat linkages between the predominate forest landscapes of the Niagara Escarpment and the Provincially Significant wetlands that line both sides of the Niagara River. Figure 9 shows how this natural corridor east of the Welland Canal between the Niagara Escarpment and the Welland River is quite narrow.lt is a vital green strip between the urban boundary of Thorold set at Thorold Townline Road and the current urban area of boundary of the City of Niagara Falls Figure 10 of the Draft Watershed Plan shows that the subject lands contain two significant natural areas, which are both forests. In preliminary development proposals it has been recommended that part of one of these forests be converted to a storm water management pond. Any Toss of forest cover here would be harmful since the watershed study area now only has a very low six per cent forest cover. The loss of the meta corridor between the Niagara Escarpment and the Welland River to urban development would cause considerable harm for deer and coyotes which can now easily travel through agricultural lands speckled with trees and forests between these two predominately natural habitats. It would also harm what Tables Two and Three in the draft watershed plan identify as rare species. These include the Barn Owl, Grey Fox, and the Tufted Titmouse, a species for which the Ten Mile Creek watershed provides important habitat. The Ten Mile Creek is currently identified by the Ministry of Natural Resources (MNR) as a Type 2 Fish habitat. This means that the stream has potential to be enhanced through restoration projects. Should the urban boundary expansion be approved such potential would be eliminated. Serious harm would come to the creek since its entire headwater area would be urbanized, despite a clear provincial policy under the PPS to protect such areas. Although a small area of the Ten Mile Creek is east of the Queen Elizabeth Highway is already urbanized, all of the lands identified by MNR as Type 2 habitat in the headwaters would be impacted negatively by Amendment 196. According to recent testimony by ecological consultant Sean Colville fish populations have improved in Ten Mile Creek through the removal of barriers to their movement. 4 Currently the Ten Mile Creek, except for a small area east of the Queen Elizabeth Highway, is free of urban development. Consequently it does not have the severe water pollution problems that characterize Shriners and Beaverdams Creek. In addition to the lack of justification under the Growth Plan for any urban development on the subject lands more spending needs to be undertaken to correct the problems of combined sewer overflows identified in the Draft Watershed Plan before constructing costly infrastructure into the Ten Mile Creek. Conclusion: For the above noted reasons, PALS believes that Amendment 196 should not proceed to be voted on by Niagara Regional Council, as it is not in conformity with the Growth Plan. and proceeding with the amendment any further is a waste of public monies. (10/17/2012) Dean Iorfida - Northwest boundary expansion From: To: CC: Date: Subject: Attachments: mike dickman <mdickman59715 @yahoo.com> <diorfida @niagarafalls.ca> mikedickman <mdickman59715 @yahoo.com> 10/16/2012 10:16 AM Northwest boundary expansion Final version re Shriner's Creek pollution .doc Niagara Falls City Council 4610 Queen St. P.O. Box 1023 Niagara Falls, Ont. L2E 6X5 Attention: Dean Iorfida, City Clerk Members: Re: Northwest Boundary Expansion - Public Meeting of Oct. 23, 2012 Official Plan Amendment -AM -30/04 Applicant: Northwest Community Landowners Group Please find attached my letter of Sept. 25 2012 as presented to the Region concerning the above amendment. Would you please place this on the agenda for the Oct.23 Council Meeting. Sincerely, M. Dickman Mike Dickman,Ph. D., retired Chair Professor of Ecotoxicology and Chair of the Welland River Keepers Preservation Committee Contact info - mdickman59715 @yahoo.com (116 Riverside Drive, Welland, L3C 5E2) Page 1 (10/17/2012) Dean lorfida - Final version re Shriner's Creek pollution .doc Acting Regional Clerk , Niagara Region 2201 St. David's Rd., P. O. Box 1042 Thorold, Ontario L2V 4T7 25 Sept. 2012 I am writing concerning the proposed Regional Policy Plan Amendment #196 that was proposed by the Northwest Community Landowners Group, previously known as Marmat Construction Ltd. It is my opinion that although the application predates the Places to Grow Act it should still satisfy the conditions of this Act. On 25 Nov. 2009 1 wrote to the Regional Council re Policy amendment 196 Northwest Niagara Falls Urban Boundary Expansion. I will summarize the main points of my argument. Policy 5.6 of the regional policy plan (pages 6 of ICP 56 -2009) sets out a series of criteria for the review of proposed urban boundary expansion applications. These include the protection of natural resources and the availability and capability of servicing facilities. It was stated by the Regional Public Works Dept. that: "It found it difficult to comment on the impact of this proposed development on Regional Services and on any over flows into Shriner's Creek" (page 10 of ICP 56- 2009). The proposed development of approximately 1,400 mixed density adult life style residential units + some commercial & institutional uses would impact the water quality of both Ten Mile & Shriner's Creek. For this reason+ others the Regional Public Works staff requested a quantification of downstream impacts. The focus of this letter is on the impact of storm water overflows in Shriner's Creek. To make the point about storm water overflow impacts, E. Coli data from the Welland River Keepers and NPCA data on the Welland River will be compared with data from Jean Grandoni and the Niagara Analytical Lab. on Shriner's Creek (Tables 1 and 2). By way of background — E. Coli is a strong indicator of sewage contamination. The level of E. Coli in the water must be zero if the water is to be used for drinking. If there are more than 100 E. Coli colonies per 100 ml of water it should not be used for primary contact (e. g. swimming). If there are more than 385 E. Coli colonies per 100 ml of water it should not be used for secondary contact (e. g. wading & fishing) (B.C. MOE). Table 1 (Number of E. Coli colonies in 100 ml of water) Site # Location Sample Date » 2008 2009 2012 Site 1 Montrose Rd. 1,800 10,000 NS* Site 2 Near QEW 680 76,000 NS Site 3 Thorold Stone Rd. 53,000 80,000 290 Site 4 West of Kalar Rd. 1,400 65,000 NS Site 5 Kalar Rd. 150 67,000 8,300 Site 6 Kalar Rd. 2,300 63,000 NS Site 7 Kalar Rd. 21,000 19,000 1,500 Site 8 Garner Rd. Box Culvert NS 80,000 340 (10/17/2012) Dean lorfida - Final version re Shriner's Creek pollution .doc Total 80,330 460,000 10,430 Average 11,476 65,714 2,608 • * NS = Not Sampled During 2009, sampling occurred during heavy rain when storm sewer discharges are common. During 2008 & 2012 sampling occurred during dry weather when storm sewer discharges are rare. Sample Site No. TABLE 2 E. coli in the Welland River in 2008 & 2009 Location Mean E. coli concentration + (Min & Max) I . East Creek at the confluence of the Welland River near Airport Rd. 89 (min. = 0 & max. = 480) 2. Upstream of the Binbrook Reservoir near Tyneside Rd. 325 (min. = 32 & max. = 1,140) 3. Downstream of the Binbrook Reservoir near Hall Rd. 140 (min. = 10 & max. = 520) 4. Welland River at Abingdon Road near Wellandport 300 (min. = 24 & max. = 1,560) 5. Welland River at the Port Davidson Weir 370 (min. = 2 & max. = 1,960) 6. Welland River at the O'Reily Bridge in Wainfleet 141 (min. = 5 & max. = 1,380) 7. Welland River near its confluence with Coyle Creek, Welland 210 (min. = 10 & max. = 130) 8. Welland River at the Lincoln Rd. Bridge in Welland 130 (min. _ 20 & max. = 250) 9. Welland River at Club Richilieu near the Welland STP 353 (min. — 200 & max. = 1,420) Sample sites 1 to 6 represent Niagara Peninsula Conservation Authority (NPCA) sampling locations. Sample sites 7 to 9 represent the Welland River Keepers E. coli sampling locations In summary, the impact of storm water overflows in Shriner's Creek (Table 1) is easy to calculate. During dry periods when storm water overflows rarely occur, the average E. Coli concentration in Shriner's Creek is 7.040. During wet periods the average jumps to 65,714. This indicates that Shriner's Creek is unable to absorb any additional E. Coli in storm water discharges such as those associated with the construction of the proposed 1,400 mixed density adult life style residential units. By comparison, the Welland River carries an average of 44 E. Coli colonies per 100 ml during dry weather and can be used for primary contact when storm sewer overflows do not occur. During wet weather, however, it should not be used for secondary contact due to storm sewer overflows. In conclusion, E. Coli levels in Shriner's Creek during periods of storm sewer discharge are 67 times higher than those in the Welland River. This is indicative of a waterway that is unable to absorb any additional storm sewer discharges. In light of these results it is likely that the proposed urban boundary expansion will have a negative impact on the water quality and ecology of Shriner's Creek. Sincerely, M. Dickman Mike Dickman,Ph. D., retired Chair Professor of Ecotoxicology and (10/17/2012) Dean lorfida - Final version re Shriner's Creek pollution .doc Page 3 ; Chair of the Welland River Keepers Preservation Committee Contact info - mdickman59715yahoo.com (116 Riverside Drive, Welland, L3C 5E2) idLt- NG(FILL /, R,If5 A A 4/ 4 et_A,t ¢-,. t1 >U� o J4 C I•;•--d--- 6Sv Ovib.41,‘ /$j ?-01a_ Planning Faik Hb/o � -.10.a. (3ts FO-1-6) D A7 . L 2- e 6 /t-;.(1 eta c -62-t561--4 04 L 127d, ,2-6),24/22 (i2.& oZ I �.o / o a r-d /tl ov • ?- S .Z-o o °i . I}�a.a ,i►2c1 I .t.o c. 11/t 7L-4 c4►.4.0( 0.. c / ty i.'04-t- /f1 ul 20I 0 "Y 6 c6 G! To f&14-1 -/-444), /-' my_ fo t-LLo ,441a•A ke- P-14641 4etA-r--ej /1-47/t4.7j J �- t ie. ,� ,�_�c f te A . A• . /"Xa -- (- -1J o-1 'fa ® d7 L3/ o /7 1 Jean Grandoni RR #1 Niagara Falls, On. L2E 6S4 Acting Regional Clerk, Niagara Region 2201 St. David's Rd., P.O. Box 1042, Thorold, On L2 V 4T7 Attention: Integrated Community Planning Committee & Regional Council September 26, 2012 Members: Re: Proposed Policy Plan Amendment Nu. 196, Northwest Community Landowners Group, Mountain Rd., Kalar Rd. @ QEW, City of Niagara Falls I remain opposed to this Amendment, which previously has come before us in many disguises. Please find attached earlier letters on this parcel dated 1)Feb. 22, 2012) Nov. 25, 2009 as well as 3) housing graph and 4) City Report MW 2010 -46 June 28, 2010. The following comments serve as an update to my letters. The Regions go south "Study Area" located south of the Welland River in Willoughby has been eliminated with Passage of the Growth Plan Act (re: page one of Feb. 22/10 letter and page 3 of Nov. 25/09 letter), which has as its strongest aim the stopping of urban sprawl by curtailing Urban Boundary Expansions to help balance budgets and hopefully preserve foodlands. I interpret this elimination to mean that the Province wants to stop expansion even there, on lands of a lower class, in order to achieve the placement of forty per cent of future growth in the inner city. This is even stronger reason, NOT LESS to stop this proposed expansion onto the superior farmlands of proposed Amendment 196. With housing figures at a new low, there is no justification for this expansion here or anywhere A "NO Boundary Expansion Policy" was in place and considered achievable by the Province, even BEFORE the present down trend. The attached HOUSING GRAFT of the 1970's to 1990's, indicates that from the period between 1970 and 1980, some THREE THOUSAND SIX HUNDRED single family baby boomer units will come onto the market In Niagara Falls alone. This could happen largely over the next twenty years, as "Boomers ", retire, move, downsize or pass on. If you count the Multi- Family units, the impact on new construction gets even more serious. One gentleman informed me that he looks after thirty VACANT HOMES for the banks. How many more are there? The Region told me they have no way of getting such a figure. 1 suggest you try asking the Financial Institutions directly. Around 1970 when Amendment 43 brought development west of QEW Highway, the land speculators moved into this once pristine , special agricultural area and began buying up the land at prices with which farmers wanting to expand could not compete and young farmers could not afford. Illegal dumping onto farmlands and streams became rampant. Beautiful farms were bought up and barns and vineyards allowed to fall into deterioration. Some suspicious barn fires also occurred. One historic home associated with the War of 1812 was also burned. Just fast year an historic barn, silo and home once belonging to the Tadeson family who started the first winery west of QEW in the 1920's was all demolished even though the Heritage Committee voted to preserve it. if you allow Amendment 196 to proceed, the same thing will happen and the situation will worsen for agricultural potential. What is needed is a beginning farmers program and farmlands almalgamation scheme. The Region is ignoring the negative impacts on our resources of this Amendment. There was a resolution around 2007 passed by Niagara Falls Council requesting the Region to investigate changing its Land Base Map for the area between Niagara Falls and Thorold from the Good General Designation to Good Grape. To my knowledge the Region has never dealt with this resolution. The correct designation should be Good Grape and Good Fruit. Infrastructure : I am well aware since writing earlier letters, of infrastructure money spent to attempt to correct basement flooding and sewage overflow pollution to Shriners Creek and its Four Tributaries, as follows: 1)West of QEW, south of Kalar Rd. Pumping Station and separate from the north connection. Twinning of existing sanitary sewer on Kalar Rd. (from Paddock Trail to Kalar Pump Station) This project took one year when was only to take from Spring to fall of 2010. Quicksand was a problem. T'S were put in this pipe facing west in contemplation of more boundary expansions west into more prime farmland. 2) EAST of QEW, Sanitary and Storm sewer works on Waterloo Drive (relining using trenchless technology, from Dorchester Rd. to Rolling Acres Drive) This is another quicksand area. Years ago the City engineer fought development here due to soil conditions but lost. We are still paying today for this bad OMB Decision of 1958. 3) West of QEW, Installation of some one hundred or more sump pumps to disconnect weeping tile from sanitary sewers. Some 1500 homes were originally said to need such work. Many homes EAST of QEW, where sewage also overflows to Shriners Creek, need sumps. While some have been installed here, no figure east of the QEW for the number of houses requiring this has been provided. Only item three, the sump pump program removes rainwater permanently and provides the most benefit to homeowner and to the stream by reducing sewage overflow. Much sump pump work remains to be done and money must be found to do it. However in attempts to balance their budget, I have seen the City reduce the amount of money that was to be allocated to the sump pump , weeping tile disconnect program. - -_ Conclusion: In conclusion the City's Development Phasing Policies will be unravelled if this Amendment proceeds. Tax dollars that should be correcting raw sewage overflow to Shriners Creek both East and West of the QEW Highway, will be lost to more urban sprawl infrastructure expenditures. If sewage problems are multiplied in the Shriners Creek Watershed and new ones arise in the Ten Mile Watershed where this new development is located, you can be sure that the taxpayers will continue to foot the bill while developers who are often requesting development charge exemptions, will be the only ones to gain. Further, the millions in financial investments of both taxpayers and developers made south of Hwy Twenty and south of Weiland River will be in jeopardy. Attached Report of City MW — 2010 -46, June 28, 2010, states on page three Point Two" Club Italia has recently replaced its own private pumping station and forcemain with a more robust system that will meet its operating needs for some time to come ". It is my understanding that what was there before this "robust system " was a grinder pump and plastic pipe. City Staff go on to say that they have solved their original complaint of a purported Health problem. Staff further recommended that the Northwest Sanitary Servicing Project be indefinitely deferred. It appears from statements on page two that "they were not in a position to finance the costs of the system proposed in the NW Sanitary Service Area EA., and were in fact looking for Public money . Raw sewage overflows have been dumping here for over FORTY YEARS. When you can't fix the problems you got , you got no business financing new sprawl development outside the adequate existing urban boundary. I remain opposed to anymore hook -ups or additions of sewage flows from outside the urban boundaries , to the Kalar Pumping Station Sewer Shed. THE COUNCIL AND COMMITTEE SHOULD ASK " IF YOU PLUG ALL THE RAW SEWAGE OVERFLOWS TO SHRINERS CREEK, WHAT THEN WOULD BE THE WET WEATHER CAPACITY OF THE KALAR ROAD PUMPING STATION ?" This Amendment is just the tip of the iceberg for mare expansions and continued sewage pollution of Shriners Creek . I request notice in writing of Regional Council's decision. Yours truly, Jean Grandoni (905-356-2962) NI G.FP LS i:LER':;:., 111 1` "G1 Jean Grandoni RR #1 Garner Rd. Niagara Falls, Ont. L2E 6S4 Feb. 22, 2010 Niagara Falls City Council 4610 Queen St. P.O. Box 1023 Niagara Falls, Ont. L2E 6X5 Members: Re: PS- 2010 -19, Status Report AM- 3011004, Official Plan Amendment Application Proposed Northwest Urban Boundary Expansion Please find attached a copy of my letter to the Region dated Nov. 25, 2010 on this matter. My position remains steadfastly opposed to this expansion outside the urban boundary. The proposal totally upstages all staging and servicing plans to date , both of the City and the Region. Further as evidenced in the OMB decision of Willoughby, it is the date that the proposal is passed in Council that governs whether or not the Growth Plan applies not the date of the application. The Region has designated over a thousand acres in Willoughby as a "Study Area" for the next future growth area for Niagara Falls, NOT the prime farmlands of this proposal. The Regional Policy Plan only allows sanitary sewers to be extended if a health problem exists. Attached is a letter dated Nov. 25,2009 from the Health Department stating that "As discussed they (Club Italia) may from time to time experience some operationallmaintenance challenges but those types of issues should not be considered a health problem ". This proposal has thus been advanced based on the false premise of a health problem that does not exist., resulting in an abuse of the Regional Policy Plan. On Saturday, Feb. 20, 2010 , I was informed that the pumping station and four inch forcemain were installed by Club Italia in November of 2009. As this new sewer will empty to the overloaded Kalar Pumping Station, existing ongoing sewage discharges to Shriners Creek will be impacted. On Sunday I drove by the subject lands to observe that indeed the information was correct. The Ministry of Environment Certificate of Approval was granted with full knowledge of my concerns that there was no health problem and with full knowledge of the real severe health problem on the Shriners Creek where raw sewage overflows and basement flooding exist and will not be corrected in full for years. Homeowners will lose their flood protection that you are pretending to partially correct with your expensive enlarged pipes when you could have corrected much of the flooding with installation of sump pumps where they are missing at half the cost of the enlarged pipes. Evidence exists that what you really want bigger pipes for is new development such as this proposal, not to fully correct homeowner basement flooding - -- and then you pretend to be concerned about a rising budget. With e -coli counts ranging from 10,000 to 80,000 colony forming units per 100m1.., on ten different water sample sites on the four tributaries and main stream of Shriners Creek, Dr. Mike Dickman. Ecotoxicologist of world experience, in interpreting these results , observed" I have sampled many streams and rivers in Canada , Asia and the U.S., and only a few were as badly contaminated as Shriner's Creek ". This development represents the same approach of the past 50 years , and that is to pretend to fix the pollution and basement flooding , while at the same time adding new expansionary developments that overload the same sewage systems that you claim to be correcting. All levels of government have much to answer to the public for advancing this most unjustified urban boundary expansion. I request notice in writing of any future committee of Council meetings on this matter. Yours truly, Jean Grandoni R.R. #1 Garner Rd. I. Niagara Falls, Ontario L2E 6S4 Regional Council and Integrated Community Planning and Public Works Committee 2201 Si David's Rd, P.O. Box 1042 Thorold, On L2V 417 Members: November 25, 2009 Regional Policy Plan Amendment 196 Norhtwest Niagara Falls Urban Area Boundary Expansion, City of Niagara Falls I stand opposed to: 1) the entire amendment 196 and to the recommendation number one in Report ICP 56 -2009, Nov. 25, 2009, that approves portions of it under the designation of "Special Policy Area" in the Region's Policy Plan. 2) oppose use of these lands as an urban "gateway". The gateway concept is part of the 2005 Provincial Policy Statement, not the 1997 PPS, which developers claim is the only PPS which applies to them. Gateway applies to only lands within urban(settlement) areas . 3) oppose extension of sanitary sewers. A watermain already services the area. The fact that a waterline was extended is no reason to extend sanitary sewers. Niagara -on- the -Lake is laced with waterlines for even agricultural use yet it is in the Greenbelt. Agriculture and Environment By Provincial definition, these lands are Prime Farmlands, a class requiring preservation not destruction. Existing uses are non - conforming uses in an agricultural zone. This unique agricultural community between Niagara Falls and Thorold and Between the Welland River and the Niagara Escarpment was held in such high esteem by scientists that the Niagara Escarpment Commission of the 1960's , proposed to include the entire area in the Escarpment Plan under their control. Unfortunately, this concept was thwarted by the politicians and urban businessmen of that time. The same political pressure continues today. There were around fifty dairy farms here, most of whom had a small family fruit orchard and particularly north of highway Twenty, vineyards as well, provided added income. A full time tender fruit orchard existed on Uppers Lane Two lubrusca Grape Kings were crowned from this agricultural community in earlieryears on the Townline Rd Thomas and Rose Tadeson operated the Niagara Cataract Winery on Beaverdams Rd Mr. Tadeson died at an early age in 1929 and the knowledge he had was lost We have a letter about the winery given to us by one of his sons. (N. Falls Review 1993). This is an area of rich soils nurtured with manure from over one hundred years of cattle farming. The too few Carolinian forests found here are mostly Provincially Significant containing rare and endangered species. The unique landforms with hills and valleys provide for a unique micro - climate giving it capability for fruit and grape production. It boasts five watersheds including the Ten Mile Creek( area of this amendment), Shriners, Beaverdams , Warren and Thompson Creeks . All are still classified as fish habitat but numbers are dangerously down. The Shriners Watershed was recognized as a "Fragile Biological Site" in the Niagara Lake Erie Transportation Study done years ago and is historically related to the War of 1812 (Battle of Beaverdams and officers quarters, army route) . The Jack Muir Waterfowl Sanctuary for Canada Geese and Ducks was found on the main stream of the Shriners and was federally recognized but was destroyed by uncontrolled upstream urban run-off. Above this , at a safer elevation, one sanctuary pond still remains active by his home. The three westerly flowing streams, the Ten Mile , Shriners and Beaverdams, with their headwaters reaching far east into the city urban area, were once all spring fed but many of these springs were eliminated with the digging of the Hydro Canal. At least one spring still flows on the Shriners. According to the Iate Jack Muir, a native area naturalist of Beaverdams Rd., Northern Pike were once so abundant in these three creeks that you couldn't see the bottom of the stream as they migrated upstream to spawn. Westerly these three streams contain the Welland Canal Turning Basins which are classified as Provincially significant Wetlands. The soils of this unique agricultural area are described in the 1932 Welland County Soils Map as Oneida Clay Loam , Ontario Loam and Haldintand Clay Loam, and are the best remaining in the City with exception of some tender fruit east of QEW on Escarpment. The present urban area of Niagara Falls ,east of the (JEW, has paved over 10,000 acres of tender fruit lands in the short span of 70 years, just one generation. This agricultural community west of OEW highway, was the subject of a 1979 OMB Hearing on the urban boundaries, that determined that these lands have capability for fruit and grapes. This makes the present land base map of the Region inaccurate. Land use decisions for urbanization are thus being based on false mapping. The Land Base Map of the early Regional Official Plan omitted the Shriners Creek from its map but the people here fought to have it put back on. The lands designated good general in this area are superior to the "good general" lands below the Escarpment . The better the soil and stream, the greater theioriagainst them. This area belongs in the Greenbelt for the same reasons farmlands in Thorold have been put in. The 1979 OMB Decision involved both cities and the same expert witnesses gave blanket climate evidence covering all the lands of each above the Escarpment. The large farm homes and barns built here at the turn of the century are testimony to the fertility of the soils. Beekeepers are the forgotten farmers. A Niagara -on -the Lake Beekeeper began placing his hives on our farm in 2008. With his first harvest from here last year, he advised us that be got more honey from this area than anywhere else. This year he added even more hives. 1 would credit this success partly to the plant diversity and forest and hedgerow protection . As you know , their pollination abilities are vital to the human food supply. Lands Of Amendment 196 If one were to apply the Regional planners logic about farming pursuits on this property , across the entire Region or Province , we would eliminate tens of thousands of acres of Prime soils. There is no more building coverage here than when it was owned by farmers. The Club mostly occupies a former forest. The church still uses the old farm house and the church doesn't take up any more land than the average dairy bam. This was a former dairy and grape farm. The vineyard was under and beyond the tower line . Vinifera grapes are grown on other lands to the north and on lands to the west is an old orchard. The so called common field crops grown here are a billion dollar industry and that is not counting the billions invested in the farm machinery industry to harvest them. The land is farmed right through the tower line close to the houses and the homeowners are not complaining. Most of them bought there because they would rather he near a farm field than near another house. If lands are idle it is usually because 1)the farmer chooses to give the soil a rest to improve nutrient build up or 2) the weather conditions proved unfavourable for planting in time to obtain a mature harvest or 3)if land is rented, the landlord often will refuse to rent or charge too high a rent to encourage development. Therefore , the fact that farmlands are idle should not be used to diminish their value for food production , in fact their value increases. The argument about fragmentation is also invalid as the lands can be amalgamated The existing severances are no smaller than many fruit farms below the Escarpment. The only thing that "makes it difficult to ensure the protection of the area for long term agricultural production" as the planners imply , is their very own planning report . With the exception of former baseball diamonds and a field near the club which were sometimes idle, the lands have been under long term agricultural production for hundreds of years . The fact that land is rented does not give you the right to destroy it. Most Ontario farmers cannot afford to buy land due to competition from wealthy land speculators. 1 would estimate that at least fifty per 3 cent of farmers depend on rented land for survival. You would therefore cripple the agricultural industry, your food supply , if ownership determined the destiny of our soil resources. Planning: This Amendment whether to be approved in part or in whole represents a major thrust in the wrong direction , for it upstages all planning legislation and objectives to date, at Provincial, Regional and city levels , that are aimed at keeping Budgets in line by encouraging less costly inner city growth while at same time preserving Canada's vital natural resources such as soils, forests and fisheries. A)The area of Amendment 196 is not a part of any Residential Phasing or Staging Policies of the Niagara Falls Official Plan B)Nor is it a part of any Regional Master Servicing Plan C) The Consultant, Urban Metrics Inc., for the City's recent Official Plan Comprehensive Review, October 2,2007, recommended against urban expansion at this time. However, the City Council , five of whom have a declared conflict of Interest as they are members of Club Italia, changed the recommendation in the Staff report, in favour of proposed Amendment 196. Note that the staff report was signed by the city Planner, Engineer and CAO. Dillon Consultants for the Region also opposed expansion. D)The area does not pass the `needs' test for addition of urban land in the Regions own Policy Plan. Therefore it does not comply to the Regions expansion policies. E)Alternative sites of lower quality farmlands have not been presented. They can be found south of the Welland River, but recent Official Plan review shows not even that is needed. The Region has designated a Large area for future growth there as a `study area'. F) The real `Go South' is south of the Welland River, NOT HERE. This proposal represents nothing but privileged planning in my opinion. Pollution of Shriners Creek: Water samples to date reveal the presence of E.Coli in Shriners Creek to be above permissible levels and provide evidence that the real health problem is on the Shriners Creek not the Ten Mile Creek area of Amendment 196 as purported by developers and the City. The Shriners Creek receives Raw sewage from overflows(cross connections) or direct above ground pumping from east and west of QEW. Highway. The basement backups and sewage pumping to Shriners Creek will be magnified by proposed addition of any amount of lands of this subject amendment to the Kalar System and homeowners will LOSE THEIR FLOOD PROTECTION. Deliberate overloading of sewage systems is contrary to the Ontario Water Resources Act. Servicing: Ch2MHill Engineering Consultants did both the Kalar System Environment Assessment Class B . and the Niagara Falls Pollution Control Plan which states `the Kalar System has MAJOR CAPACITY CONSTRAINTS'. Any attempts now proposed to be implemented to correct this are band -aid short term solutions in the form of oversized sanitary sewer pipes which are claimed to be on -line storage for a five year rain storm. Above this 5 year rain event , the system will still flood. These enlarged pipes could also be a disguise for increased development capacity at taxpayer expense. In fact proof of this disguise exists in Philips Engineering Ltd. Letter of Jan 26, 2009, (ICP -C 25- 2009 of previous agendas), where they suggest development charges from this amendment 196 `could offset substantially `the costs of these pipes. The City is now planning to keep the old pipes for awhile for on -line storage , untill enough sump pumps are installed, as well as build new ones because recent storms would have exceeded capacity of new enlarged pipe if only it was in service. This proves the ineffectiveness of oversized pipe solution and the severity of the wet weather issue. The long term permanent solution—the retrofit stunp pump program could take years to complete once implemented While the retroactive sump by -law may be imminent, the city to date has been short changing the funding of such a program preferring to allocate taxpayer money to new development such as in this Amendment instead of fixing existing infrastructure problems. The Region has diverted the Taro Pump Station from east of QEW to Kalar Pumping Station which then pumps sewage via a forcemain back under QEW to the treatment Plant on Stanley Ave. The Region also proposes to close Rolling Acres and Meadowvale Pumping Stations which are also sources of Shriners Creek pollution and send their sewage to the Kalar Pumping Station. Therefore CAPACITY MUST BE RESERVED FOR THAT UNDERTAKING FIRST BEFORE USING THE KALAR P.S. FOR OTHER DEVELOPMENTS, particularly anything outside of urban boundary as proposed in this report. The entire Shriners Creek Watershed must be cleaned up of sewage discharges to the environment both east and west of OEW, prior to any infrastructure money is applied to new areas outside urban boundaries. The pollution is bad enough to warrant a freeze on building permits even inside the urban area. Future Sewer Problems The area is hydrologically sensitive with a recharge area straddling the QEW Highway. This sensitivety stretches to the Ship Canal, making urban sewer construction a hazard and eventually a taxpayer burden as evidenced in Rolling Acres where taxpayers are continually paying for sewer replacement in a quicksand area. Meanwhile the developer is laughing all the way to the bank. City Dump Pollution is Moving to the Southwest Will it be safe to build houses here if the methane gas is moving too ?? Will it get into the sewers and into the homes ?? People are already complaining about the rats from the dump. Region Awareness of Pollution and Basement Flooding The Region controls all Pumping Stations including the Kalar P.S. Further the Region as stated in the studies, was involved in the Kalar Rd. Pumping Station Sanitary Servicing Area Schedule B Class Environmental Assessment , August 2007, and the City wide study entitled City of Niagara Falls Pollution Control Plan, June 2008, both done by CH2M Hill. It was therefore disturbing to read that the Regional engineering staff found it `difficult to comment on the impact of this proposed development on Regional services and any overflows to Shriners Creek'., when the above studies have some ofthe answers. Why is it that the Region can't find the obvious health problems on the Shriners Creek yet quickly support developers who falsely claim to have a health problem ?? Health Problem in Area of Amendment 196 ??? Yes Or NO 9'1999 The true answer has been available since the beginning . You can bury a lot of things in the country but you can't bury the truth. The truth has finally surfaced on this issue. The attempts by the proponents to capitalize on the Regional Policy which allows sanitary sewers to be extended based on presence of a health problem are a failure. Evidence of this is found in the Region's own report of today on page 32 , where the Health Dept. states `As discussed they may from time to time experience some operational/maintenance challenges but THOSE TYPES OF ISSUES SHOULD NOT BE CONSIDERED A HEALTH PROBLEM' . THE REGIONS POLICY PLAN HAS BEEN ABUSED. Certificate Of Approval Therefore , based on above evidence, THE CERTIFICATE OF APPROVAL FOR NEW PUMPING STATION AND SEWERS ON AMENDMENT 196 LANDS HAS BEEN ILLEGALLY `f OBTAINED in my opinion. The original Northwest Environment Assessment Schedule B of R.V. Anderson and Later Servicing Revelations: They stated at the public meetings that services were to be only for existing areas. However, later at City Council the City Engineer revealed that services were being designed and s handle the entire area of Amendment 196 some 185 acres. These larger sizes have been approved Certificate Approval except for the limited size of the four inch forcemain which proves the downstream capacity constraints of the receiving Kalar System. The size of this forcemain can be quickly changed, so this restraint is of little comfort. A BIGGER OR SMALLER PROPOSAL???? The original R. V. Anderson Study stated the forcemain was to connect to Mt. Carmel Blvd . thus reaching Thorold Stone Rd. via the Mt. Carmel Subdivision but the study admitted , the existing Mt. Carmel Blvd sewer is too small for the ultimate development of the entire area of Amendment 196. It is now being said that the forcemain will have to be built straight down Kalar Rd. As everyone knows the ' Montrose ' Golf Course and villas are planning to hook up to the proposed sanitary system . Who else on the 700 acres of prime farmland west of Kalar Rd. will want to cash in ? ?? A forcemain all the way down Kalar WAS NOT A PART OF THE APPROVALS IN THE. ORIGINAL R.V. ANDERSON SERVICING EA STUDY. Where does this stop ?? How can the Council make intelligent decisions with so many changes being made along the approval process? For the public , the credibility of the proponents also becomes questionable. Conclusions The constant changes in the servicing suggest a larger and larger scheme not a smaller one. Club Italia is the largest generator of sewage according to R.V. Anderson Study. If they get 500 people at a wedding that is the equivalent of 200 houses. To this must be added the units to be built in their proposed developments. The region Report states that Club Italia operational and maintenance problems are `unacceptable to them'. This position does not provide sufficient reason for extending full sanitary sewer services. The destruction of our prime farmlands and pollution of our streams through our property is even more greatly unacceptable to us. In fact it is intolerable and unhealthy. Conservation Authority staff got sick working on the Shriners Creek. The developers argue that they have been requesting expansion for 20 years. Well, we have been dumped upon with raw sewage for over thirty years. In my opinion based on thirty years of research, the reasons such requests have been held up, were always due to insufficient capacity in the sewage system, lack of need for their development and lack of their own finances. The same reasons apply today. Politicians are pretenders when they claim they don.t know where to trim the budget. You can start right here with refusal of this entire amendment and any part of it as contained in this report. The message from the developers is still loud and clear "GIVE ME DEVELOPMENT BUT YOU PAY "!!! - All parties , the Region, The City and developers, supporting this amendment whatever the size, are on shaky ground. Arguments advancing this application this far into the process have been based on misrepresentation of the facts ,and ignore the esteemed value of a unique agricultural and environmentally sensitive area , particularly Shriners Creek. It should have been refused from the very beginning, starting with the questionable Certificate of Approval. , I request notice in writing of Regional Council's decision. Yours truly, Jean Grandoni ? e S 3 ,j't`i 11. H141 CLEP.K: 7.1.2 RESIDENTIAL BUILDING PERMITS BY NUMBER OF UNITS - 1970 to 1981 1100 1000 900 800 700 600 500 400 300 200 100 0 YEAR 70 71 UNITS 508 702 /AAAAAAA AAA AAA AA AAAAAAAA AAA AAA/ AAA AAAAAAAAAAAAAAAA AAA AAA AAA AAA AAA AAA FAMILY Elc6A Pr 72 73 838 805 74 75 76 77 832 1047 1055 714 78 79 570 270 132 177 80 81 1 A) 141C114e n r LLS PL v 1 NG- bEveLtrl()1' t E90F'f ,..,,e°r 775/ - -- r �, /-cf /--/oef<E NiagaraFfo s REPORT TO: His Worship Maytirrlir-44:MleilLt Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -46 NW Sanitary Sewer Club Italia Frontending Agreement re' —,. v I V-.1•17 June 28, 2010 RECOMMENDATION That this report be received for information and that staff be authorized to refund the amount received from the Province of Ontario through the Millennium Partnership's Initiative upon request, EXECUTIVE` SUMMARY The City of Niagara Fails has been working for almost a decade to address a potential health risk in the northwest sector of the City just outside the current Urban Area Boundary. Despite its efforts to advance the construction of a proposed sanitary sewer pumping station and collection system there has been a number of issues beyond the City's control that have resulted in technical delays and missed opportunities for funding. Funding was approved in 2004 under Ontario's Millennium Partnerships Initiative in the amount of $262,500 subject to a number of conditions including a provision to complete the works by March 2007. Staff received a number of requests for extensions however in 2009 were informed that no further extensions would be permitted beyond March 2011. Given the funding constraints and the uncertainty regarding the pending application to expand the Urban Area Boundary ti is unlikely that the City will complete the approved project in time to meet the funding conditions, In December of 2009 staff contracted the Ministry of Agriculture, Food and Rural Affairs to determine whether the provisions the funding agreement would still be applicable under the circumstances. In May 2010, staff received notification that the Province is not in a position to forgive the payments made to the City through the interim claim process. The purpose of this report is to seek authorizations to refund the amount of $22,230.99 to the Region of Niagara who is a party to the Funding Agreement on behalf of the City of Niagara Falls. m w- ZU10 -46 1. If the Urban Area Boundary application is successful there still are a number of studies, secondary plans, zoning and appeal processes that could effectively delay any physical construction in this are for at least five years. These delays wiif undoubtedly affect the City's ability to meet the timeline prescribed in the Certificate of Approval. 2. Club Italia has recent! re laced its own .rivate •umping station and forcemain with a more robust s stem that will meet its oo e needs for some time to come. 3. The City transferred its jurisdiction for the ownership and operating responsibilities for all pumping stations and forcemains to the Region of Niagara in 2006. For the City to make any long term financial arrangements on a new pumping station of forcemain for which it will have no ownership is not logical or practical given its other Capital Project funding needs. The City of Niagara Fails, through the Region of Niagara, has applied for and received confirmation that project costs up to $262,500 from Ontario Millennium Partnership Initiative (OMPI) and secured by Agreement between the Region and the Province. After a number of extension requests the City has been informed that no further extensions will be permitted before this date. The availability of reduced OMPI funding for just the forcemain portion of the works is not likely given that the forcemain is being constructed for the exclusive use and expense of Club Italia, The decision to expand the Urban Area Boundaries to include the Northwest Sector will be approved or denied on the merits of the planning justification reports. The urgency to deal with the current health risks appear to have been mitigated through the actions taken by the affected property owners. For these reasons City staff is recommending that the Northwest Sanitary Servicing Project i indefinitely deferred and that the Region of Niagara be requested to inform the Province that the City no longer wishes to proceed as originally intended. LEGAL IMPLICATIONS The Funding Agreement has very specific provisions regarding eligible costs, terms of payment, records and audits, reporting requirements, default, enforcement and termination. Notwithstanding the terms in the Agreement to the contrary, the letter from the Province (dated May 17, 2010) confirms that they will not seek any interest penalties but will be requiring reimbursement of the funds paid out. Since the Region of Niagara was the signatory to the Funding Agreement on the City's behalf, the payment will need to be made out to them. FINANCIAL IMPLICATIONS The NW Sanitary Servicing Project is not in the approved funding is in place for this project to proceed. It is recommended that the tref and d as such no payment in the amount of $22,320.99 be paid from Sewer Reserves. ) PD- 2012 -64 NiagaraJalls October 23, 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 -64 Official Plan and Zoning By -law Amendment Application Miller Estates South Draft Plan of Subdivision Files: AM- 15/2001 & 26T -11- 2001 -04 Miller Road (South Side) Between Niagara Parkway and Willoughby Drive Owner: FKS, The Real Estate People Inc. (Brian Sinclair) & 1162641 Ontario Limited (Kathy Dudla) Agent: Italia Gilberti, Broderick and Partners RECOMMENDATION 1. That Council approve the application to amend the Official Plan, as detailed in this report, to allow the land to be developed for residential purposes via a plan of subdivision comprised of large lots for single detached dwellings with protection of environmental features on the westerly portion of the land. 2. That Council grant draft plan approval to the Miller Estates South Plan of Subdivision which proposes the division of the land into 12, 1 -1.6 hectare lots, subject to the conditions in the attached Appendix. 3. 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. 4. That Council grant draft approval for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. 5. That Council approve the application to amend the Zoning By -law, as detailed in this report, to provide the necessary land use regulations to guide the development of the subdivision. 6. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The subject lands consist of 15.09 hectares (37 acres) located on the south side of Miller Road, west of the Niagara Parkway (refer to Schedule 1). The applicant has requested an official plan amendment, zoning by -law amendment and a draft plan of subdivision to be October 23, 2012 - 2 - PD- 2012 -64 approved to permit the land to be subdivided into 12 estate Tots for single detached dwellings and 1 block for stormwater management purposes (refer to Schedule 2). The amendments and subdivision can be supported because: the proposal complies with Provincial and Regional policies with respect to Rural development and will bring the City's Official Plan land into conformity with the Regional Policy Plan's Rural designation of the land; • the Provincially Significant Wetland on the westerly portion of the land and its associated buffer will be protected through restrictive zoning and a conservation easement; and • stormwater drainage will be addressed through a stormwater pond and the installation of a closed pipe directly to the Niagara River which should address flooding concerns expressed by adjacent property owners. Conditions for draft approval are included in the Appendix. These conditions address the comments from various agencies and will ensure that the subdivision will be constructed in accordance with Municipal and Regional standards. BACKGROUND Proposal FKS, The Real Estate People Inc. & 1162641 Ontario Limited propose to subdivide the 15.09 hectare (37 acre) site into 12, estate type lots for detached dwellings and one block for a stormwater management facility. Schedule 1 illustrates the layout of the subdivision. The applications pre -exist the Provincial Growth Plan. An Official Plan and Zoning By -law amendment application is being processed concurrently. The land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. A Special Policy Area designation and special policies are proposed to be site specifically added to permit the land to be used for residential purposes via a plan of subdivision and to protect the environmental lands. The land is currently zoned Rural by Zoning By -law No. 395, 1966. A site specific Rural zone, with adjustments to the required lot area; front, rear and side yard setbacks; lot coverage; and accessory building and structure regulations are requested to facilitate the proposed estate residential plan of subdivision. The environmental lands on the property are proposed to be zoned Conservation and Open Space to ensure their protection. Site Conditions and Surrounding Land Uses The property slopes gently from a height of land located midway along the property's frontage on Miller Road, to the west, south and east. A Provincially Significant Wetland is located along the westerly property boundary and within the rear portions of lots 1 to 4 . A 25 year old pine plantation exists along the Miller Road frontage. The balance of the lands is dominated by scrub growth. Lands to the west and south contain a Provincially Significant Wetland. Lands to the east and north are primarily large rural residential lots. October 23, 2012 Circulation Comments - 3 - PD- 2012 -64 Information regarding the Official Plan and Zoning By -law Amendment and the proposed plan of subdivision were circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara The lands are designated a site specific Rural Area which permits estate residential Tots on the land. To address compliance with Provincial and Regional policies the lotting is recommended to be revised to place the entire Provincially Significant Wetland (PSW) and associated buffer area within a single lot. The PSW and buffer should also be placed in a restrictive zone category and be subject to a conservation easement. - Conditions of approval are included in the Appendix. Niagara Peninsula Conservation Authority The westerly portion of the land is impacted by a PSW. The NPCA has no objections protecting this wetland though a conservation easement. The PSW and associated buffer area should be placed in a restrictive zone category to prevent its development. Conditions of approval included in the Appendix. Transportation Services - No objections. Conditions of approval included in the Appendix. Miller Road was studied to determine if it is appropriate to drop the posted speed limit from 70 KM /H to 50 KM /H. Given that the road pavement width is adequate for this speed, there are no geometrical hazards with the road and traffic is very light (less than 100 vehicles per day), a reduction to the speed limit is not recommended. Municipal Works No objections. Conditions of approval included in the Appendix. - Meetings were held with staff, the developer and residents to come up with an acceptable storm drainage plan (discussed later). Miller Road is not scheduled for reconstruction in the current capital forecast. The road and ditches will continue to undergo maintenance as necessary to meet City standards. Fire Services - No objections. Fire safety concerns will be addressed through the Building Permit process. October 23, 2012 - 4 - PD- 2012 -64 • Niagara Parks Commission, Canada Post, Bell Canada, Enbridge, Fire Services, Legal Services Conditions of approval included in the Appendix. • Area Resident Comments 5 letters were submitted prior to the Council Public meeting held in November 2008. These letters primarily dealt with concerns about area drainage and the potential of the proposed subdivision exacerbating the situation. Concerns were also expressed about protecting environmental features on the property. 2 letters were submitted prior to the Neighbourhood Open House in February, 2012. The letters expressed concern about drainage, as well as the condition of Miller Road and the preservation of environmental features. All 7 letters as well as a letter recently received, are included on tonight's agenda. Council Public Meeting and Neighbourhood Open House Council held a Public Meeting on November 3, 2008, to receive public comments on the subdivision. Surrounding residents primarily expressed concerns regarding drainage problems and the possibility of the new subdivision exacerbating these drainage problems. Concerns were also raised about increased traffic on Miller Road and the protection of environmental features on site. Two residents spoke at the public meeting regarding their drainage concerns. The comments were referred to staff for further review. A neighbourhood open house regarding the Official Plan and Zoning amendment was held on February 15, 2012 and was attended by the applicants, the applicants' consultants, City staff, and 4 area residents. The applicants presented their proposal to deal with stormwater management for the site. The residents asked a number of questions about the stormwater management scheme, which were answered by the applicants' consultants. The residents noted they did not object to the subdivision and some noted the stormwater management scheme may improve current drainage problems. The residents also expressed concerns about the conditions of the pavement on Miller Road and expressed their opinion that the speed limit is too high. ANALYSIS 1. Provincial Policy Statement and Regional Policy Plan The City's planning decisions are required to conform with the Provincial Policy Statement and the Regional Policy Plan. While rural areas are intended to be primarily used for non - residential uses, the Provincial Policy Statement permits limited residential development that is compatible with the rural landscape and can be sustained by rural service levels. Such rural residential development is not intended to occur on prime agricultural lands. The Provincial Policy Statement mandates that development and lot creation is not to occur in Provincially Significant Wetlands (PSWs). To address this policy the Region has requested the plan of subdivision be revised to incorporate the PSW on subject lands into one lot to reduce the number of lots that encroach onto the PSW. October 23, 2012 - 5 - PD- 2012 -64 Planning staff, however, recommends the lot fabric remain the same for the following reasons: • Though portions of some of the proposed lots encroach into the PSW, the developable portion of the lots will be located outside of the PSW. • With the introduction of the appropriate planning controls (Official Plan designation, restrictive zoning and a conservation easement agreement registered on title) development will not be permitted in the PSW. These lands will be required to be maintained in a natural state. • The proposed lot pattern establishes a logical and defined property ownership, which provides owners the ability to maintain their property and guard against intrusion and encroachment. This is important with the subject application where owners will be required to maintain the environmental lands and associated buffers in a natural state. With the proposed changes by the Region, a portion of one lot would extend behind the other lots. The owners of this lot may find it more difficult to monitor their land and guard against illegal trespass that may be damaging to the wetland. The land is designed Rural under the Regional Policy Plan, as amended by Amendment No. 161. The Plan now permits the land to be developed for rural residential purposes. The lots are required to be a minimum of 1 hectare in size unless a smaller lot size can be supported by a hydrogeological study. The proposed subdivision complies with the Regional Policy Plan as follows: An analysis of the agricultural capability of the land through the Regional Policy Plan Amendment indicated that there was very limited agricultural potential for the land and for surrounding lands due to the quality of the soil, surrounding land uses and the fragmentation of the land ownership in the area. The proposed subdivision represents the final phase of development of Rural designated lands in this area, and is a logical extension of rural residential development located to the north of the subject lands. The proposed lot sizes, ranging between 1 hectare and 1.6 hectares in size, comply with Regional policies. Regional Health has indicated there is sufficient lot area outside of environmental lands to service the proposed lots with private services. 2. Official Plan The City's Official Plan designates the majority of the land Good General Agriculture. The Provincially Significant Wetland (PSW) is designated Environmental Protection Area. The application proposes to place a Special Policy Area designation on the land. The proposed policies are intended to reflect the Regional Rural designation of the lands and would permit the development of an estate residential plan of subdivision with minimum lot sizes of 1 hectare. The draft policies mandate the provision of generous building setbacks to reflect the surrounding rural character and the provision of private services. October 23, 2012 - 6 - PD- 2012 -64 The proposed policies also address the protection of the PSW. This portion of the lands will remain under an Environmental Protection Area designation. The policies will require these lands and associated buffers to be maintained in a natural state and under an appropriate zone and be further protected by conservation easements in favour of the City. 3. Stormwater Management Area residents voiced concerns at the previous meeting about issues they are having with stormwater drainage. They are concerned that the development of the subdivision could worsen the drainage issues they are currently experiencing because the majority of the site drains toward their properties. To address stormwater flows generated by the subdivision and assist in alleviating drainage issues along Miller Road, the developer proposes the following measures: • Stormwater flows on site are to outlet to a stormwater facility on Block 13 (as shown on Schedule 2), which will then be conveyed through an underground pipe to Miller Road and directly out to the Niagara River. • The ditches along Miller Road are to be maintained. The existing culverts under Miller Road are to be closed, which would divert flows on the south away from the swale on the north side of Miller Road. Leads are proposed to be constructed from the swale on the south side of Miller Road to the underground pipe to deal with flows from this swale and discharge into the Niagara River. Municipal Works supports these measures, subject to the swale on the south side of Miller Road being reinstated (after construction of the pipe) to ensure there is positive drainage toward the river and the leads to handle the flows. A condition of approval addresses this issue. All stormwater facilities are to be built to municipal standards. 4. Environmental Protection A Provincially Significant Wetland (PSW) exists over the westerly portion of the subdivision. Schedule 1 shows the location of the wetland. The Environmental Impact Statement submitted with the application recommends the PSW be protected by a 30 metre wide buffer where no buildings or structures would be permitted and that the buffer be maintained in a natural state. To implement these findings and the NPCA's recommendations, the following measures are recommended: The PSW and associated buffer be placed under a site specific Conservation and Open Space zone. This zone will prohibit buildings and structures as well as site alteration in this area. Require the owner to enter into a Conservation Easement Agreement with the City. This easement agreement would require the PSW and buffer to be maintained in a natural state, prohibit site alteration and prohibit fencing. The agreement would be registered on title and would include requirements for notifying future owners. Similar agreements have been done for other developments (i.e. Miller Estates North plan of subdivision and the Thundering Waters plan of condominium). October 23, 2012 - 7 - PD- 2012 -64 • Drainage and stormwater plans will be required to be approved by the NPCA to ensure current drainage patterns affecting the PSW are not changed. These measures have been included in the conditions of approval included in Appendix A and will be implemented in the amending zoning by -law where appropriate. 5. Subdivision Design and Conditions of Approval The proposed lot sizes are in keeping with the surrounding rural residential area and the adjacent Miller Estates North Plan of Subdivision in particular. The Tots will be accessed by an internal crescent road and will be serviced privately. A 1.52 metre wide strip of land is required to be dedicated to the City along the Miller Road frontage to widen the road in the future. The dedication of this widening will slightly reduce the area of lots 1, 8, 9 and 10 and may necessitate adjoining lot lines being shifted slightly southward to ensure these Tots meet the minimum lot area. Conditions of approval are included in Appendix A. In addition to conditions related to the environmental and drainage matters discussed above, conditions are included respecting the construction of the roads and private services to Regional, City, and Public Utility standards. In addition a 5% cash -in -lieu of parkland dedication is required. 6. Zoning By -law Amendment The owner has requested site specific amendments to the Rural zoning of the property to guide the development of the lots. The site specific standards are the same as the ones approved for the Miller Estates North Plan of Subdivision on the opposite side of Millar Road, are listed below: Existing Regulation Proposed Regulation Minimum Lot area (single family detached dwelling) 0.4 hectares 1.0 hectares Minimum Front Yard Depth 20.7 metres from centreline of road 20 metres Minimum Rear Yard Depth 9.1 metres 20 metres Minimum Interior Side Yard Width 4.5 metres 10 metres Minimum Exterior Side Yard Width 20.7 metres from centreline of road 20 metres Maximum Lot Coverage 33% 10% Minimum setback from all lot lines for accessory buildings and structures 1.8 metres 5 metres Location of accessory buildings and structures rear and interior side yard only October 23, 2012 - 8 - PD- 2012 -64 The proposed regulations are more stringent and than those in the Rural zone. The enhanced regulations are intended to complement the rural character of the surrounding area. The Provincially Significant Wetland and associated 30 metre buffer are recommended to be placed under a site specific Conservation and Open Space Zone. Site specific provisions will prohibit the erection of buildings and structures, the placing of soil, sand, gravel or rubbish, the removal of soil or trees and the regrading of the land under this zone. These regulations (similar to regulations implemented for environmental lands in Miller Estates North) reflect recommendations of the applicant's environmental consultant and the NPCA, and will assist in protecting these lands. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and additional assessment for the City once development occurs. CITY'S STRATEGIC PRIORITIES The proposed subdivision represents an environmentally responsible approach to development in that it will preserve an important environmental feature. LIST OF ATTACHMENTS ► Schedule 1 - • Schedule 2 - . Appendix A - • Appendix B - Recommended by: Location Map Subdivision Plan Conditions for Draft Approval Draft Official Plan Amendment Policies Respectfully submitted: A. Bryce: mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -64, 26T -11- 2001 -04 & AM -15 2001, Miller Estates South Plan of Subdivision.wpd October 23, 2012 - 9 - SCHEDULE 1 PD- 2012 -64 Miller Estates (South) Plan of Subdivision South Side of Miller Road, West of Niagara Parkway Files: 26T -11- 2001 -04 and AM- 15/2001 Location Map October 23, 2012 -10- PD-2012-64 SCHEDULE 2 October 23, 2012 -11- APPENDIX A Conditions for Draft Plan Approval PD- 2012 -64 1. Approval applies to the Miller Estates (South) Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated December 19, 2011, showing 12 lots for single- detached dwellings and 1 block for stormwater management. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) rural roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 15 metre legs at the intersection of Miller Road and the two intersecting roads; © dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) dedication of a 1.52 metre road widening to the City along the south side of Miller Road; and (e) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010 as amended. 5. The developer submit a Geotechnical report, including a physical and chemical soil analysis, prepared by a Soils Consultant to the City for review and approval. Such report shall identify any service construction constraints which may vary from the standard construction process. 6. The developer construct a stormwater management system in accordance with City standards that includes the following: (a) a stormwater detention facility within Block 13 that is designed to retain flows up to a maximum one hundred year return storm that would be conveyed from the tributary development area. (b) a closed pipe system that is designed to carry flows, to a maximum five year return design storm, from the stormwater detention facility directly to the Niagara River along Miller Road. 7 That the applicant reinstate the swale on the south side of Miller Road, after construction of the above noted closed pipe system, in a manner that achieves positive drainage to an outlet to Niagara River, or constructs a system to drain this swale to the satisfaction of Municipal Works Section. October 23, 2012 -12 - PD- 2012 -64 8. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 9. The stormwater retention pond be designed to provide water supply for fire fighting purposes by means of a dry hydrant as recommended in NFPA #1142, to the satisfaction of Fire Services. 10. Parking restrictions be placed on both sides of the road as necessary to provide an unobstructed 6.5 metre access for fire apparatus and operations. No parking signage signs are to be secured at the developer's cost through the subdivision agreement. 11. The developer pay the Development Charges, per By -law No. 2009 -120 as amended, at the time of execution of the Subdivision Agreement and at the building permit application stage. 12. The developer pay the City cash -in -lieu of 5% parkland dedication. 13. Should any landscape features be proposed, the developer provide a Landscape Plan prepared by a Landscape Architect as necessary to the satisfaction of Parks Design. 14. The developer contribute funds to provide boulevard trees in accordance with City policy. 15. 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. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer receive final approval pursuant to the Planning Act for the related Official Plan and zoning by -law amendments to provide land use policies and regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 19. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. 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 October 23, 2012 -13 - PD- 2012 -64 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). 21. 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. 22. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost). 23. 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. 24. 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. 25. 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. 26. The applicant acknowledge that all construction traffic is to utilize Sodom Road to Marshall Road, at which point drivers can proceed north on Willoughby Drive to Miller Road and that the subdivision agreement contain provisions implementing this route. 27. The Miller Road /Niagara Parkway intersection be improved at the developer's cost to Ontario Provincial Standards including concrete curbs. 28. Sediment control devices be erected and maintained according to Ministry of the Environment Standards during the construction phase prior to stormwater reaching Niagara Parks Commission lands. 29. The proposed catch basin - manhole grate located on the south side of Miller Road at the Niagara Parks Commission boundary be positioned to the satisfaction of the Niagara Parks Commission. October 23, 2012 -14 - PD- 2012 -64 30. Legal documentation, surveys and drawings for stormwater easements in the name of the City of Niagara Falls be secured through the subdivision agreement for the new culvert and outlet across Niagara Parks Commission lands. 31. That the PSW and associated 30 metre buffer be placed in a restricted zone category to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA) to ensure no development is permitted within the PSW or the buffer. 32. That a landscape plan be submitted for review and approval by the NPCA which shows a 30 metre buffer of the PSW be planted with low maintenance native flora and stormwater ditching and swales be planted with native grasses and wetland tolerant species as per the recommendations of the Environmental Impact Statement submitted with the application. 33. That a hydrogeology study addressing risk to neighbouring well water supplies (including a water well survey for dug wells and shorewells) be submitted to the NPCA for review and approval on behalf of the Region as per the Memorandum of Understanding (MOU). 34. That prior to approval of the final plan or of any on -site grading, the owner shall submit to the NPCA for review and approval two copies of a detailed stormwater management plan for the subdivision and associated works and the following plans designed and sealed by a professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Guidelines for New Development Quality, May 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. 35. That the Owner and the Municipality enter into an agreement which places a conservation easement on the Provincially Significant Wetland (PSW) and its associated 30 metre buffer as shown on lots 1 to 4 inclusive of the draft plan to address protection of the PSW. 36. That a warning clause be included in offers of purchase and sale by the developer and future land owners advising the lands are subject to a conservation easement which prohibits development, construction, placement of buildings, structures or fencing, alterations, grading, tree removal, grass cutting, clearing, filling or removal of earth or stone or dumping of refuse within the environmental features and associated buffers on the land. 37. That the applicant submit for review and approval to the Niagara Regional Public Works Department a detailed engineering and drainage report that describes the stormwater management techniques to be incorporated into the subdivision. Stormwater must be directed away from sewage system envelopes and an indication must be given as to the proposed methods of controlling and minimizing the effects of stormwater on downstream areas during and after construction. October 23, 2012 -15 - PD- 2012 -64 38. That the applicant submit for review and approval by Niagara Region Public Works Department the individual lot grading plans providing a building envelope, a sewage envelope (including spare area) and backyard amenities envelope. The building envelope shall be no less than 370 square metres and the sewage system envelope, including the spare area, shall have a minimum area of 2500 square metres. The on -site sewage systems for the proposed lots are based on the installation of conventional sewage systems only, not the use of tertiary treatment units (ie. Waterloo Biofilter), which are optional. It should also be noted that the leaching beds for this site will be fully raised due to the clay soils (1.2 metres above existing grades). The grading plan, location of the building envelope and the location of the sewage envelope shall meet the approval of Niagara Region Public Works. 39. That the applicant submit on one plan or on a set of transparent overlays, all at the same scale, the following information to the satisfaction of Niagara Region Public Works Department: (a) All the proposed lots and their sizes; (b) Lot building envelopes, accessory building envelopes and sewage disposal envelopes including 100% spare area; (c) the final approved grade plan; (d) the final approved drainage plan; (e) the staging formula(if applicable); (f) the location and type of water supply. 40. That the applicant submit to the Niagara Region Public Works Department for review and approval the specific septic bed designs and calculations prepared and certified by a professional engineer for each lot in the subdivision. 41. That the subdivision agreement between the applicant and the City of Niagara Falls contain wording suitable to Niagara Region Public Works concerning the matters listed below: (a) A sewage permit is required for the construction of a septic system on any building lot from Niagara Region Public Works prior to any Building Permit being issued by the municipality. (b) That no buildings, materials or construction equipment except that necessary to build a sewage system be permitted with the sewage envelope including the spare area. This restriction shall be registered on title of each individual lot. 42. That the drainage plan required in Condition No.37 be implemented (under the supervision of a professional engineer) to the satisfaction of the Niagara Region Public Works Department and the City. October 23, 2012 Clearance of Conditions -16 - PD- 2012 -64 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 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Niagara Parks Commission for Conditions 26 to 30 Niagara Peninsula Conservation Authority for Conditions 31 to 35 inclusive Regional Municipality of Niagara for Conditions 37 to 42 inclusive October 23, 2012 -17 - APPENDIX B Draft Official Plan Amendment PART 2 - BODY OF THE AMENDMENT PD- 2012 -64 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. xx to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. xx shall be identified as Special Policy Area "xx" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.xx SPECIAL POLICY AREA "xx" Special Policy Area "xx" applies to approximately 15 hectares of land located on the south side of Miller Road between Willoughby Drive and the Niagara Parkway. The land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. Notwithstanding the Good General Agriculture designation, the Special Policy Area designation will permit the development of estate residential lots by plan of subdivision, subject to the following policies: 14.xx.1 Detached dwellings on large estate Tots ranging in area from 1 hectare to 2 hectares shall be permitted within the Special Policy Area. Development shall be by plan of subdivision that provides an internal street system, is designed to be compatible and complementary with the surrounding rural character in terms of lot sizes and generous building setbacks and landscaping and is sensitively integrated with natural features. Individual lots shall be serviced with private water and waste disposal systems. 14.xx.2 A portion of the site is designated Environmental Protection Area and contains a Provincially Significant Wetland. An Environmental Impact Study (EIS) is to be completed to the satisfaction of the City and Niagara Peninsula Conservation Authority. The boundaries of the Provincially Significant Wetland and its necessary buffers shall be determined through the EIS and shall be appropriately zoned in October 23, 2012 - 18 - PD- 2012 -64 the implementing zoning by -law. Recommended mitigation measures will be implemented in the plan of subdivision and the subdivision agreement. 14.xx.3 The lands designated Environmental Protection Area, together with any buffers determined through the EIS, shall be maintained in a natural state. Lots may extend into the lands designated Environmental Protection Area, however no buildings, structures or drainage works shall be permitted within this area. No tree cutting shall be permitted within this area except in accordance with an approved Tree Saving /Preservation Plan and the Regional Tree Conservation By -law to the satisfaction of the Niagara Region Conservation Authority. Conservation easements between the City and landowners shall be used to protect the portion of the lands designated Environmental Protection Area and associated buffers which are located on the site and fall under private ownership. October 23, 2012 - 19 - PD- 2012 -64 MAP 1 TO AMENDMENT NO. xx SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From Environmental Protection Area and (food General Agriculture Proposed Change To: Environmental Protection Area, Good General Agriculture, and Special Policy Arca "xx" CITY" OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND UST: PLAN ENV'.RONMEN,Al. 2R0:7CT.CYV AREA .1PF■ SPACE .Goc0 GENEWLL A■:;RICUL':R£ 'AR AWAY RES3DUC°:.RI GerkS .L . Andrew Bryce - RE: Miller South Plan of Subdivision, drainage matters Page 1 of 2 Planning Scanned II SS fILF. From: andy morellato <ganmorel @hotmail.com> To: "abryce @niagarafalls.ca" <abryce @niagarafalls.ca> Date: 10/10/2012 10:47 AM Subject: RE: Miller South Plan of Subdivision, drainage matters 2482 & 2462 Miller Rd. Niagara Falls, Ontario L2E 6S6 To whom it may concern: October 10, 2012. 267-11-20o1-0Y/ /0171-15 /20/ As in previous letters to the city we have stated our concerns of the new subdivision being created on the south side of Miller Road. We feel that the water drainage is not at all satisfactory for putting in a new subdivison. Therefore before this subdivision is approved by the council there should be a very definite and detailed plan for the drainage on our south side of Miller Road to the Niagara River. We have submitted many pictures previously of our properties being flooded out since the homes on the north side of Miller Road were put in. Now with new existing plans for the south side it will just make it that much worse. We would greatly appreciate more imput and a documented or definite answer from the council before this subdivision is passed. Yours sincerely, Andy and Gail Morellato. Owners and residents of 2482 and 2462 Miller Rd. Date: Tue, 2 Oct 2012 11:16:06 -0400 From: abryce @niagarafalls.ca To: ganmorel @hotmail.com CC: kmech @niagarafalls.ca; RV221.City Hall.Domainl Subject: Miller South Plan of Subdivision, drainage matters Hi Andy, as discussed with you, attached is the letter prepared by the applicant's engineer proposing a drainage solution for the swale on the south side of Miller Road. Approval of the Plan of Subdivision would be subject to a set of conditions that the developer would need to meet, one of which would be the drainage and regrading of this swale to the satisfaction of the our Municipal Works Section. The proposed drains and related grading of the swale would need to be reviewed, in due course, by Municipal Works. file: / /@:\Documents and Settings\ah232 \i,ncal Settin ¢s \Temn\XPvrnwice \5(175577Rflnma 1(i /lit /') l I') Page 2 of 2 If there are any questions or concerns, please let me know. Regards, Andrew Bryce Andrew Bryce, MOP, RPP Planner 11 Planning, Building and Development City of Niagara Fails 4310 Queen Street Niagara Falls, ON L2E 6X5 (905)356 -7521 ext. 4232 abryce @n iagarafalls.ca ■ www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. file: / /C: \Documents and Settings \ab2321Local Settings \Temp \XPgrpwise150755228Doma... 10/10/2012 Andrew Bryce - re Miller Rd. from Andy and Gail Morellato, residents Page 1 of 1 From: andy morellato <ganmorel @hotmail.com> To: <abryce @niagarafalls.ca> Date: 2/9/2012 9:29 AM Subject: re Miller Rd. from Andy and Gail Morellato, residents 2482 and 2462 Miller Rd. Niagara Falls, L2E 656. February 9, 2012. r // -266/ -(),/ To whom it may concern: It was brought to the attention of Andy and I that you are having a meeting regarding the Miller Rd. drainage problems on Feb. 15th. We are very sorry we are unable to attend as we are vacationing in Florida. Our concerns are still the same as before as we have stated in previous letters to the city plus many phone calls to various departments. We are still of the opionion that the ditches on the south side should be dug deeper and that a larger culvert should be going into the river to drain these ditches. As the plan implies, it appears the removal of the cross culverts from south to north will be removed. Therefore this will leave us no drainage to the river. This is why for over the past many years we have been asking for better drainage as to eliminate our flooding problems. Please take this letter into consideration as you propose this development any further. Yours sincerely, Andy and Gail Morellato. Owners and Residents of 2482 and 2462 Miller Rd. P.S. Can you please let us know if you have received this email. Thank you. tile: "C:' Documents and Settings''ab232 \Local Settin s Temo`XPvmwise'4F11910Rn.mai Q/' f )n 1 -) RECEIVED 0C-', 28 PLANNiNG & DEVELOPMENT I 1) JPlanning P* Scanlec (2- C , - — — t '•---) \ :TA..„-L--t--,--,,,_ `-- A ( - A e 4'11 - / ) 7 (_ e/c' ■_-)1/4 c 12, -e (— / L_ 7l3 e /( t•C_ki t.-qc 71 71- '7 2C er)- L 7 ) ) c_- — ) 11)/: 1 CI' - 2 L 7 - , et ev( Z Le 7-)./ — - c-e -el: -4-://S " )- - c -( c, - t, e tee,te-e c-1)( _ zt C c•o- 7'2 t c t -zz.) / 1 - t 7 2 _ t LL ) „2 - y- ) _4 4_ —'2 C /2 f 71. e,L e"--Z jr" /Jet Le_ — L Lz Lf - t_ 6 s -L" e- ) L z z- /W2 ;761 -4 -/2 -e rt -t - cp-E' ) f.Lr C; e a_rC-er t"; - _ e e rrlf 4 rYii? A Miirellab, 2482 Miller Rd RR 3 Niagara Falls, ()N 12F 6S6 October 28, 2008. Planning Scanner' Jim Sauer, 10535 Niagara Parkway, Niagara Falls, Ontario L2E 6S6. Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5. Re: Miller Road Estates (South) Draft Plan of Subdivision, File: 26T -11- 2001 -04 (Revised) Our concerns about this development are and always have been management of the storm water and septic drainage. We need to know that run -off will be directed to the Niagara river via Miller Road in ditches that can handle it rather than backing up on our properties because of the slope or because the ditches are inadequate. The ability of the ditches to handle the current run -off has been a concern for us and our neighbours for a number of years. We regularly flood despite installing ponds and swales on our properties because the ditches clog with leaves and debris creating blockages and the culvert passing under the parkway is inadequate for the flow. Last year the city installed some new culverts (unfortunately not the one under the parkway) and refurbished the ditches in an attempt to improve the flow yet the ditches on Miller Road continue to back up resulting in pools of standing water on our properties every time there is a heavy rain. We have been told by the city that there are no resources for regular cleaning of the ditches and that only the Parks can replace the problem culvert if and when they see fit. As a result, we see little relief for our flooding problems. The new Miller Road Estates (South) proposal has the backs of homes with their septic systems abutting our land and directly uphill from a pond we use for irrigation of our vegetable gardens. Instead of bushes and trees which somewhat mitigate run -off, roads are proposed which will accelerate run -off. Naturally, this raises concerns that our flooding issues will only worsen with the added potential of septic run -off. With each stage of proposal from the developer including this one, we have asked the city for drainage plans, up to this point, it seems such documents do not exist. RECEIVED OC1 2 8 2008 PLANNING & DEVELOPMENT Please advise how we can ensure our concerns are addressed before any further approvals are given by the city. Jim and June Sauer. ---tj-rJ-_L___ 6 X s �(4, r21 F 0-4L 0/-4?14. (1( -} /�o c} —Q 's a..� �-v�- d- J / (1,1 „eL.J\ cc 17,2,2r4_,„ kl d rw .� f- k LL-e (5->C4,J2—el RECEIVED NOV - 3 2008 PLANNING & DEVELOPMENT Mr. Herlovitch Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5. RECEIVED NOV - 3 2008 PLANNING & DEVELOPMENT Re: Miller Road Estates (South) Draft Plan of Subdivision, File: 26T -11- 2001 -04 (Revised) Mr. Herlovitch and Council, I have grave concerns about further development of the Miller road area. After reviewing the Preliminary Review, suggesting the subdivision will direct stormwater to Miller Rd. and onward to the Niagara River. The review so far has asked that #1. to remove leaves more frequently from ditches and #2. improvements "MAY BE" necessary to accommodate drainage from this subdivision. Current residents are plagued with insurmountable drainage problems with only modest rainfall. Poorly drained runoff periodically floods many septic systems spreading deadly contamination throughout the area, We have all learned from the Walkerton tragedy the importance of managing sewage waste. The past several years as development continued, Miller road residents have complained trying to resolve the inadequate drainage problems to no avail. Excuses are plentiful and real action has been limited. With a proposal to drain an additional 37 acres to a system that fails to drain the existing 12 acres, someone should begin to build Miller residents an ark. The cause of the Miller road problem is clear. The several culverts and primarily the one under the Niagara Parkway is inadequate to handle the flow. Nearby Marshall Road with nearly no residential development, have a culvert 2000% larger and is trouble free. The Miller Rd. culvert is too small to begin with and city employees report it is partially collapsed with an effective diameter of only 8 inches. Marshall road has a 36 inch drain. The current proposal would drain 55 acres with an 8 inch pipe. Miller Road Culvert Marshall Road Culvert Why is the Miller Rd. ditch beyond its capacity? Undersized culverts!! There is roughly 12 acres of storm water that is generated on the north side of Miller from 6 properties. This runoff creates the flooding on our properties due to the inadequate culverts under driveways and the Niagara Parkway. There are guidelines homeowners must follow when building with regard to drainage between homes via swales etc., but the Parks or City have not kept pace with the development on this road. The culvert is 40 years old and doesn't keep up with modest rainfall. I believe the culvert under the Niagara Parkway was never intended to support accelerated storm water run off from a residential development let alone another 37 acres as the Preliminary Review suggests. The purpose for this culvert 40 years ago was to drain farmer's fields. No real sense of urgency in draining a farmers field in relation to a residential development or our basements. The proposal to add 37 acres or even 1 acre of water to an already failed system is ludicrous. This is not a matter of leaves, snow or ice damns filling in the ditches. Just too much water for the culvert size period!!! Our ditches where excavated last year, culverts replaced, leaves where removed and still tremendous floods. Every neighbour on Miller Rd. has seen first hand the flooding created by 12 acres of runoff and has witnessed the efforts of neighbours working at the ditch. To propose a plan that would increase Storm Water from this proposed subdivision is incomprehensible. The south side of the road has less than 10% of the water flow currently. An additional 37 acres or 200% increase of storm water would destroy property. Mr. Herlovitch and Council, I have included photos from the past years. The purpose of this letter is not to say how to fix the problem but, to illustrate that action needs to be taken before further development is permitted. We have needed help for the past number of years. 2006 Photo below Pro.ert behind fence 6.5 acres under water vacant lot. Ditch is 34" deep cresting for a length of 500 ft. Water has now spread into 6 properties covering 16 acres and around septic systems,. Photos taken Fall 2007 Water flowing to front steps of house 100ft away. Property on ride side of driveway completely under water. 2008 Ditch water 10 inches deep in driveway. Traveled 100 ft up my driveway and was 10 feet from the man door in the garage. I spent 6 hours digging to prevent flooding. If I didn't arrive rhome I would have had the North ditch fillin m basement. 2008 Front and overflow, North ditch backup 8 " dee• 15ft X 80ft Side Yard Water flowing from front ditch across front yard and now inward toward home. Over lft deep. 2008 Water flowin• from front of house around home and across back ard. /08 We are all fed up with using our properties as a stormwater management system for 5 months a year, because of a straw sized culvert trying to drain hundreds of thousand of gallons per hour! Yes per hour! These photos only represent 12 acres of water. I trust anyone viewing these photos would have serious concerns if this was your home. The "CURRENT" situation requires drastic action . Imagine a proposed subdivision draining another 37 acres or 4 times the amount of runoff heading your way. The photos illustrate flooding that occurs year after year. We stand by with boots and shovels as the stormwater quickly starts to backup. When there is runoff, honestly you cancel plans on weekends and stay at home to monitor the ditches. When it's a weekday, you visit home mid day. Smashing ice flows with sludge hammers so ice can flow through the culverts is not a fun pastime. Leaves are not the only issue!! FOLLOWING PHOTOS ALL TAKEN AT SAME TIME WITH ONLY MODERATE RAINFALL. Photo on the below illustrates the south ditch; it currently contributes less than 10 % of the water volume. Future drainage from the proposed new development to the south ditch without major overhaul would result in greater flooding and damage Last year the city had replaced two 16 "culverts connecting the south side ditch to the north side. Although the culverts needed replacing the project did nothing to improve the situation Photos below are of the two culverts replaced last year. These culverts basically stop working as soon as the north ditch fills. Water is 2" deep in the south ditch and 18 "deep in the north ditch, just 40 ft away. The following photos are taken at Marshall Rd and the Niagara Parkway where the 36" culvert is found. This swale is flowing very quickly toward the 36" culvert. The ditch depth was only 5" while on Miller Rd it was 34 ". This culvert drains 2000% more water than Miller roads damaged 8" culvert. The flow is very fast and strong. 1 would think leaves and ice flows would easily flush away. Three residential homes on Marshall, not 17 estate properties. MARSHALL ROAD 36" CULVERT We have children and neighbors children catching the bus in front of our home just feet from our backed up ditches. This is hazardous and unhealthy. Failure to fix the situation could prove fatal one day as more families move to the area. Mr. Herlovitch and Members of Council, we understand the benefits of development, and welcome more families to this area, but at what cost in the future if only marginal improvements are made. I understand the process, please give this your expertise, maximize resources, and recommend plans now so that Miller Rd storm water drainage is dealt with properly once and for all. Let your direction set a standard for future expansion in similar developments that will occur along the Niagara Parkway. For one moment please put your families and yourself in our boots!! Don't throw us a rake or shovel when extensive work needs to be done. Warmest Regards, // Darryl and Lisa Selman Please advise how we can ensure our concerns are addressed before any further approvals are given by the city. Ptanrung Scanned Filer , /t 11/04/08 Mayor Salci, Council, Mr. Herlovitch and Planning and Development Staff Please read this letter and City Drainage Investigation 2004. It's is the most important key to the situation on Miller Rd. Thank you for your attention during last evening's forum regarding Miller Rd. South. In addition to my report I am forwarding you a copy of the Drainage Investigation from City of Niagara Falls 2004. I believe it makes a dramatic point for further investigation and clarifies the concerns of all neighbours. I have outlined the proposed development in black marker and redrawn the Flood Prone Area that does occur yearly. Fully understanding this situation in the brief time frame we had last evening is quite a task. Matter of fact it can't be done in 10 minutes. it has taken me years! This Drainage Investigation conducted in 2004 clearly illustrates the amount of water that apparently has been draining to the Miller Rd. The "THREE" blue arrows represent the large area of runoff from the 37 acres draining to the south ditch for many years. The Investigation also illustrates "ONE "blue arrow that represents the water flow from the 5 homes on the north side representing 12 acres of runoff. Based on this Drainage Investigation this would mean the volume of water on the south side with 37 acres would have significantly more volume than the 12 acres on the north side. 3times more There is virtually no water flowing to the south ditch from the 37 acres in the history of Miller Rd. How can we dispute the amount of water in the north ditch from 12 acres and virtually no water in the south ditch with a land mass 3 times larger. RECEIVED NOV 0 5 2008 PLANNING & DEVELOPMENT I understand how city staff believes the volume of water will not change when the development is passed based on the report of 2004. Even runoff could decrease if lot 13 is set aside for storm water management. The study was probably done when runoff was not apparent in either ditch, and no one has since spent time in the ditches monitoring this fact, why should you, you have the facts on paper. However, THE DRAINAGE INVESTIGATION IS INCORRECT. THE DIRECTION OF FLOW AND VOLUME IS MISTAKEN. South ditch runoff should have 4 times the volume as North ditch Photo: Monday Nov 24 moderate rainfall. North Ditch I know that when this is studied by the engineering department in greater detail, it will become apparent. The requirement for more drainage is much greater than originally thought. The proposed development will create 4 times more water than Miller Rd has ever seen. . I hope Mr. Herlovitch's staff will review the data and provide solutions to Council for the expenditure that is required before further approvals are given by the city. If I can be of assistance in any way, please call 295 -2658 Warmest Regards. Darryl Selman Alex Herlovitch Director of Planning & Development, City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 RE: Draft Plan of Subdivision — File: 26T -11- 2001 -04 February 5, 2012 Dear Sir: Thank you for providing the minimum of notice regarding the open house. Unfortunately, previously scheduled business commitments prevent my attendance at the meeting scheduled for February 15. As a concerned resident and taxpayer, I respectfully request a written transcript of the applicants' presentation. In the event that the applicant has not supplied a written presentation, a transcript of the meeting would suffice. There are several issues that the City of Niagara Falls should contemplate before enacting the proposed Zoning By -law amendments and Special Policy Area Designations and special policies. These issues include the following: 1. Miller Road — The road bed between the Niagara River Parkway and Bailey Avenue is not the proper width and is in dire need of improvement. Also, increased traffic, as a result of the development associated with the North side development of Miller (Avery BI. & Bailey Av), has led to a rapid deterioration to the road surface. Previous to this development, Miller was not a passable through road between Willoughby Dr. & Niagara River Parkway; now that it is a through way, traffic has increased and the narrow section has proven to be precarious. How does the Planning Department of the City of Niagara Falls plan to address this unsafe situation? With the proposed South side development, the situation will become more acute. As a rate payer, I expect that the costs of any improvements to Miller Rd necessitated by the proposed plan of sub - division be borne by the applicant and reflected in the permit fees for builders and developers. 2. Water Shed —The entire area bounded between Marshall Rd / Weaver Rd / Willoughby Dr. / and the Niagara River Parkway, has severe drainage issues. Standing water and flooding is commonly observed; particularly in the area east of the intersection of Avery and Miller. This area has experienced an increase in the flooding since modifications to the topography associated with the North side development occurred. The area between Bailey and the Niagara River Parkway along Miller, experiences flooding above the ditch height during winter storm and thawing events. It is of great concern that the topography of the area in the application will be severely altered, thereby creating additional flooding and potential property damage. Does the R E VED FEB 0 8 2012 i�i.ANI NC storm water management facility mentioned include a pumping station or is it simply a holding facility? 3. Environmental Lands - What are the associated environmental impacts on the wildlife habitat associated with this development? What is the expected interaction between the new storm water management system and the lands previously occupied by the meat processing facility (on Marshall Rd)? Because of the history of the area, have Environmental Phase 1 and Phase 2 assessments been conducted by competent individuals on the proposed areas to ensure public well - being? If conducted, what were the findings ?...If not completed should not the Phase 1 & 2 be required before considering an approval of the development? Thank you in advance for your prompt response. Respectfully, Paul A. Uguccioni, P. Eng 2521 Miller Rd. Niagara Falls, L2E 6S6 PD- 2012 -60 NiagaraFalls October 23, 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 -60 AM- 2012 -010, Official Plan and Zoning By -law Amendment Application 6690 Montrose Road Applicant: Fernando Pingue Agent: Darbyson Planning Proposed Residential Development (Future Subdivision) RECOMMENDATION 1. That Council deny the Official Plan and Zoning By -law amendment application to permit the land to be developed for residential purposes; and 2. That Council remove the deferral of Part 2, Section 8.8 to 8.8.3 of Official Plan Amendment No. 94 for the land and advise the Region of Niagara accordingly. EXECUTIVE SUMMARY The applicant has requested an Official Plan and Zoning By -law amendment to permit the development of a future residential subdivision. Planning staff cannot support the application for the following reasons: • the Provincial Policy Statement and Provincial Growth Plan place emphasis on the protection and preservation of employment lands for long term economic prosperity - introducing a residential subdivision into an employment area is contrary to these policies; • industrial land with Q.E.W. frontage in Niagara Falls is a finite resource that must be preserved for future employment uses as required by the City's Official Plan; • there are several industrial uses to the south that have made significant investments in their operations in recent years - introducing residential uses in proximity to these industrial uses would cause compatibility issues and create difficulties for any industry wishing to expand; • residential development costs more over the long -term with respect to servicing and generates less tax revenue than industrial development; • development of the subject land for residential purposes is an inefficient use of land since abutting industrial lands to the south would have to be buffered; and October 23, 2012 - 2 - PD- 2012 -60 the depth of the property would likely require the inclusion of the abutting property to the south in order to provide a crescent type street - this would further undermine the abutting industrial district to the south. BACKGROUND Subject Lands and Surrounding Land Uses The subject land is located on the east side of Montrose Road, north of Kinsmen Court. The property is 2.84 hectares (7 acres) and features a vacant residential building. Approximately 2 hectares (5 acres) of the property is covered in trees, however, these trees do not constitute a significant woodland. The abutting property to the north is a hydro corridor and further north are residential uses (Bambi Estates Extension Subdivision). To the west are residential uses (Greenway Estates Subdivision) and to the east is the Queen Elizabeth Way Highway (Q.E.W.). To the south are light industrial properties, which include a combination of under utilized industrial properties and properties that feature active light industrial businesses. The subject and industrial lands to the south make up an employment area. This area is approximately 16 hectares (40 acres) in size and consists of light industrial uses such as warehousing, wholesaling, and a construction yard. There are nine properties in this area (including the subject property), of which six have potential for expansion and /or redevelopment. It should be noted that the Greenway Estates Subdivision, which was registered in 1995, was originally designated Open Space in the 1988 Official Plan and zoned Open Space (OS) and Residential Single Family 1D Density (R1 D). The Open Space designation extended south along the west side of Montrose Road. The Official Plan designation and zoning were subsequently changed in 1991 to Residential (Official Plan) and Residential Single Family and Two Family (R2) (Zoning By -law), to accommodate the Greenway Estates Subdivision. Proposal Official Plan and Zoning By -law amendments are requested to change the designation and zoning to Residential and a site specific Residential Mixed (R3) zone, respectively, to allow it to be developed for a future residential plan of subdivision. At this time, an application for a plan of subdivision has not been filed. History In 1991, the applicant filed an application for an Official Plan and Zoning By -law amendment to permit a six storey apartment building on the subject land. This application was not supported by staff because of the concern of introducing an incompatible land use in an industrial district. Notwithstanding this, Council adopted the Official Plan amendment and approved the Zoning By -law amendment for a residential use. In 1992, the owner submitted a further Zoning By -law amendment application and application for a residential plan of subdivision to allow the land to be divided into 42 lots October 23, 2012 - 3 - PD-2012-60 for single detached dwellings. Planning staff did not support either application since the proposed land uses were not compatible with the industrial district to the south. However, these applications were also approved by Council. In 2000, the applicant applied for yet another Official Plan and Zoning By -law amendment to change the designation of the land back to Industrial and rezone the property to Prestige Industrial. The purpose of these amendments was to facilitate the development of an industrial mall on the west side of the land and a self- storage facility on the remainder of the land. Planning staff supported the application since it re- introduced a compatible land use and would support the industrial district. Council approved the amendments in October 2000. The Kinsmen Court Business Area has seen two significant developments in the last six years. In 2006, Niagara Falls Wholesale Ltd. (6868 Kinsmen Court) constructed a 2949 square metre (31,742 square foot) warehouse /office building. In 2010, Graybar Canada constructed a 1327 square metre (14283.7 square foot) warehouse building with plans for a future 2733 square metre (29,420 square foot) expansion. Both of these developments are significant investments in the Kinsmen Court Business Area. Circulation Comments Information regarding the current 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 - The Regional Municipality of Niagara (the Region) does not support the application since it is not consistent with Provincial Policy and does not conform with the Provincial Growth Plan and the Regional Policy Plan. - The subject land is within an employment area as defined in the growth plan and conversion of employment lands to non - employment lands can only happen at the time of a municipal comprehensive review. There has been no municipal comprehensive review for this proposal. - The introduction of residential uses next to industrial lands creates compatibility issues. This could negatively affect the viability of the adjacent industrial lands to the south. - The need to convert the subject land for residential purposes has not been demonstrated. The Region's recent policy amendment, Niagara Gateway Economic Zone and Centre (RPPA 1 -2012) provides that the concept for the Niagara Falls Q.E.W. Business Park (in which the subject property is located) is to capitalize on the long -term opportunities for business and services in close proximity to 400 series highways focusing on manufacturing, warehousing and other employment uses. Vacant lands along the Q.E.W. provide these advantages are limited and, therefore, should be protected for long -term economic growth. October 23, 2012 - 4 - PD- 2012 -60 • Niagara Peninsula Conservation Authority - No objections. Ministry of Transportation (MTO) No objections to the application. A 14 metre (46 foot) setback would be required from the Q.E.W. Noted several technical issues that would have to be addressed at the time of application for a Plan of Subdivision. • Transportation Services No objections to the application. Noted several technical issues that would have to be addressed at the time of application for a Plan of Subdivision. • Municipal Works, Parks and Recreation, Legal Services, Fire Services, Building Services, Niagara Falls Transit - No objections. Municipal Works noted several technical issues that would have to be addressed at the time of application for a Plan of Subdivision. Neighbourhood Open House and Consultation A neighbourhood open house was held on September 20, 2012. One person attended seeking additional detail about the application. No one object to the proposal. Planning staff met with a property owner from Charnwood Ave who had no objections to the application, however, he did point out that placing a residential subdivision adjacent to industrial properties could cause problems for both residents of the subdivision and the industrial businesses. ANALYSIS 1. Provincial Policy Statement/Provincial Growth Plan The Provincial Policy Statement was originally approved in 1997 and was significantly revised in 2005. In both policy statements, the Province has become more protective of employment lands. The Provincial Growth Plan came into effect in 2006 and places emphasis on the preservation and protection of employment land. Both of these documents were not in effect in 1991 when the Official Plan designation was previously changed from Industrial to Residential. The present application has to be evaluated against the current policy regime, which is significantly more restrictive for converting employment lands. There has been no significant changes to the applicant's proposal since 1992 and Planning staff consistently has not supported the applications due to compatibility concerns and the concern about the loss of the City's industrial land supply along the Q.E.W. Provincial policy focuses on creating well - planned communities. A significant component to this is the preservation and protection of employment areas. The subject property is within an employment area as defined in the Provincial Growth Plan. The proposed application would remove the subject land from an October 23, 2012 - 5 - PD- 2012 -60 employment area and restricts the ability of surrounding industrial uses to expand. This is particularly important since six of nine properties (including the subject land) that are under - utilized and would be able to accommodate redevelopment and /or expansion of the existing uses. The application is not consistent with Provincial policy. 2. Conversion of Employment Lands Conversion of employment lands is only permitted through a municipal comprehensive review. In 2007, the City completed a residential, employment land needs analysis, which examined the land supply of residential and industrial land and constituted a municipal comprehensive review. The 2007 analysis concluded that there is a large supply of both industrial and residential land, in particular there is an over - supply of greenfield industrial land. The subject lands are not in a greenfield area. The study concludes that "The lands fronting directly onto Montrose Road provide exceptional site characteristics for business because of high visibility from the Q.E.W. and strong access connections with the nearby Q.E.W. /McLeod Road interchange." There is a shortage of Industrially designated land along the Q.E.W. in Niagara Falls and Niagara Region as a whole. It should be noted that the subject property fronts directly onto Montrose Road and is within one kilometre from the Q.E.W. /McLeod Road interchange. According to the 2007 analysis, lands with these attributes should be protected. There has been no additional municipal comprehensive review to justify the conversion of the subject property to residential. Planning staff acknowledge that there has been recent interest in converting industrial land to non - industrial uses. The application (AM- 2010 -008) for 4825 Pettit Avenue (former Chef Boyardee building) is a case in point. In this case, Planning staff was able to support the conversion to residential since the land is isolated from other industrial lands and not part of an employment area, and surrounded by residential land uses. Converting these lands for residential use would eliminate a compatibility issue. This type of conversion was contemplated in the 2007 municipal comprehensive review. The applicant's justification report notes that there is more suitable industrial land available in the Montrose Business Park, which is located south of Brown Road, east of Kalar Road. However, this report does not identify any alternative locations for residential land. The Garner South Secondary Plan (GSSP) was adopted by Council on September 25, 2012 and is anticipated to be presented to Regional Council before the end of the year for approval. The GSSP area is the next area of the City intended to be developed for residential purposes. These lands are in a greenfield area of the City. Planning staff note that there is a need for the City to diversify its industrial lands. Attractive industrial land is needed to attract high quality industries and offices that pay higher wages. The subject property is in a prime location to attract these sorts of businesses due to its proximity to the Q.E.W. Long -term protection of these lands for industry is necessary for the City to be able to diversify its employment. October 23, 2012 - 6 - PD- 2012 -60 3. Official Plan The subject land, as well as several other properties to the south, are designated Industrial in the City's Official Plan. The Industrial designation is intended to provide a suitable environment for industrial operations that is free from interference and restrictions by other uses. To introduce residential uses into this area would interfere with existing operations and increase the potential for noise /nuisance complaints. In addition, any expansions or redevelopment on properties to the south would be impeded by the presence of a residential subdivision and require the industrial business to address any compatibility concerns. This does not represent good planning and does not conform to the purpose of the Industrial designation. The Industrial designation explicitly states that lands along controlled access highways and high volume arterial roadways will be preserved for industrial and business uses which require visual prominence and which foster a good impression of the community. Land such as this is a finite resource in Niagara Region. It is, therefore, imperative that such lands not be converted for non - employment uses, but preserved for future industrial uses. Although Niagara Falls does not yet have the same development pressures as other GTA municipalities, it is important to ensure that attractive industrial lands along the Q.E.W. are readily available to meet future employment growth. The applicant's justification report notes that Council deferred the portion of Official Plan Amendment No. 94 (City's Growth Plan conformity exercise) that pertained to the subject lands (Q.E.W. Employment Corridor policies). The applicant has interpreted this to suggest that the subject lands are not in an area of employment. Planning staff disagrees with this interpretation. Official Plan Amendment No. 94 did not change any land use designations; it only provided additional policies to guide development. Therefore, the subject lands and the lands to the south are still designated industrial and make up the Kinsmen Court Business Area and is considered an employment area. The Q.E.W. Employment Corridor policies still apply to the remainder of the lands immediately south of the subject lands. Introducing residential uses adjacent to lands within the Q.E.W. Employment Corridor is not in conformity with the Official Plan since it would allow for the encroachment of non - employment uses. Given the preceding information, Planning staff cannot support the proposed Official Plan amendment. It should be noted that Planning staff recommend that the deferral of Official Plan Amendment No. 94 Part 2, Section 8.8 to 8.8.3 be lifted so as to apply to the future industrial development of these lands. 4. Land Use Compatibility The applicant is requesting that the designation be changed to Residential. This would allow for a future subdivision. However, the residential designation stresses that development shall be compatible with the surrounding neighbourhood. The lands to the south are all industrial properties and, therefore, not compatible with the proposed Residential designation. Although the conceptual plan provided with the application is not necessarily the applicant's preferred plan, it illustrates the limitations of the site for residential uses. October 23, 2012 - 7 - PD- 2012 -60 There would have to be additional buffering incorporated along the southern boundary, at least 20 metres in width, as required by the Ministry of the Environment's D -6 Guidelines. This does not represent an efficient use of land. There would also have to be noise attenuation along the east lot line due to the Q.E.W. This amount of mitigation /buffering means that there are significant compatibility issues and that this is not an appropriate site for residential development. 5. Zoning By -law The subject property is currently zoned Prestige Industrial (PI -527) with site specific regulations for landscaped open space and a 15 metre setback from the Q.E.W. The applicant is requesting the zone be change to the Residential Mixed (R3) zone which would permit the land to be subdivided for lots suitable for single detached, semi - detached, duplex, triplex, quadruplex and on- street townhouse dwellings. As noted above, Planning staff cannot support the requested Official Plan amendment. Since the current Official Plan designation is Industrial, Planning staff cannot support the requested Zoning By -law amendment. FINANCIAL IMPLICATIONS The conversion of prime industrial land to residential land can result in a loss of future revenue. Industrial land generates more tax revenue than an equivalently valued residential property. Furthermore, residential land increases the demand for other services (police, fire, garbage pick -up, road maintenance, etc.) that are ongoing beyond any period contemplated by the City's Development Charges By -law. Essentially, this means that a residential subdivision generally costs more to service and brings in less tax revenue than an industrial uses on the same land. CITY'S STRATEGIC COMMITMENT The proposal does not conform to the City's Official Plan since it is removing lands from an area of employment in the absence of a municipal comprehensive review. It is also introducing incompatible uses adjacent to industrial lands, which is counter to the intent of the Industrial designation. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended by: &U4i 1LJ)-;\ Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ke Todd, Chief Administrative Officer DDeluce:mb Attach. S: \PDR\2012 \PD- 2012 -60, AM- 2012 -010, 6690 Montrose Road, Fernando Pingue.wpd October 23, 2012 - 8 - SCHEDULE 1 PD-2012-60 00 4. Os OP Ot 41, OM ,... 0.'4010 Ap am 40••••.. =oar. Ajp, Nor— 5: •••■ +.0.. ell:%::■::= .,........ 11111... ,.... ......... .., 41 gam 77.100. 'Oro • woo+, vow 11112...,,wom ...maw ....r 010 .10 .11. 40410 010 0 Ot Woo VP to ft soy. •Z Oa 'in il i Pjltilifiti 010 Ow, 111 I II IINIIII I IX 1111.11m inv'g *MN, OOP ii I Ztaitt wat gtrAtittA October 23, 2012 SCHEDULE 2 PD-2012-60 4 - 9 - r. .!!s 3SOkilicuL Ministry of Transportation Central Region Corridor Management Section 1201 Wilson Ave. 7' Floor, Bldg. D Downsview, ON M3M 1J8 Tel: 416 - 235 -4572 Fax.: 416 - 235-4267 Email: hugh.fyffeQa ontario.ca October 10, 2012 Ministere des Transports Region du Centre section de gestion des couloirs routiers 1201 avenue Wilson 7e etage, edifice D Downsview, ON M3M 1J8 Tel: 416 235-4572 Telec:416 235 -4267 Email: hugh.fyffe@ontario.ca Mr. Alex Herlovitch Director of Planning and Development City Hall, 4310 Queen Street, Niagara Falls, ON, L2E 6X5 "Ontario Re: Notice of Application & Public Meeting Official Plan / Zoning By-law Amendment Application; File: AM -2012 -010 6690 Montrose Road City of Niagara Falls Dear Mr. Herlovitch: The ministry has reviewed the referenced notice and provide the following comments. The development will require MTO permit(s) prior to any work being done on the site. All proposed permanent buildings and structures (above and below ground), utilities, frontage roads /fire routes, essential parking facilities, storm -water management ponds and associated berms or any amenity deemed essential to the operation of the site, must be set back a minimum of 14.0 metres (45 feet) from the west property limit of the QEW. The owner should be advised that the MTO will need to review and approve a stormwater management report for the site, prior to the issuance of any MTO permit(s) and any work being done on the site. Please note that noise walls / berms or grading of any kind will not be permitted on ministry property. The developer is solely responsible for all noise mitigation measures and such measures must be located beyond ministry property. All external lighting should be directed away from the QEW right - of -way. If you have any questions regarding these comments, please contact me at any time Yours truly, Hugh Fyffe (71. 201,1010 -war Project Manager PD- 2012 -63 NiagaraFal1S October 23, 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 -63 AM- 2012 -011, Zoning By -law Amendment Application 4218 Chippawa Parkway Applicant: New City Properties Inc. (Gary Dixon) Agent: Murray Johnston Proposed 4 Unit On- Street Townhouse Dwelling RECOMMENDATION That Council approve the Zoning By -law amendment application to change the zoning of the land from Residential Single Family and Two Family (R2) to a site specific Residential Mixed (R3) zone to permit the land to be developed for an on- street townhouse dwelling, with a maximum of 3 dwelling units, as detailed in this report. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit the land to be developed with a 4 unit on- street townhouse dwelling. While the development of the land with an on- street townhouse dwelling can be supported, the project should be reduced to three units to be compatible with the neighbourhood. The modified amendment can be supported because: • the property is located on Chippawa Parkway which functions as a collector road; the property is in a location where, according to the Official Plan, the development of multiple unit dwellings can be considered; and with a reduction of one dwelling unit and increased building setbacks from Chippawa Parkway and the west lot line, the development would be compatible with the surrounding neighbourhood. BACKGROUND Proposal A Zoning By -law amendment is requested for a 804 square metre (8,654 square foot property known as 4218 Chippawa Parkway (see Schedule 1). The amendment is requested to permit a 4 unit on- street townhouse dwelling to be developed on the land. Schedule 2 shows details of the proposal. October 23, 2012 - 2 - PD- 2012 -63 The land is currently zoned Residential Single Family and Two Family (R2), which permits single detached, semi - detached and duplex dwellings. The applicant is requesting the zoning of the land to be changed to the Residential Mixed (R3) zone with site specific regulations deeming Reilly Street as the front lot line and addressing the front yard depth, rear yard depth, side yard width, lot coverage and parking requirements, to permit the development of an on- street townhouse dwelling with a total of 4 dwelling units. Site Conditions and Surrounding Land Uses A two- storey, single detached dwelling and a detached garage currently exist on the property. Several mature trees exist along the interior side lot line. The surrounding land uses are a mix of single detached dwellings and semi - detached dwellings. The Welland River is located a block to the south -east of the property. An industrial use (the former Norton Chemical Building, now occupied by Saint - Gobain Ceramic Materials Canada) is located approximately 300 metres to the north -east of the property. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections to the proposed use. The land is close to a Class III industrial use (the former Norton Chemical plant). The Land Use Compatibility Study submitted with the application indicates the site can be used for residential purposes and no mitigation measures are required. However, it is recommended a warning clause be put in any site plan agreement (or otherwise registered on title) advising of noise, dust and /or odour that may emanate from the industrial use. In addition, a brick veneer facade (along the north and east walls), double glazed windows and central air conditioning can be considered to assist in mitigation of any impacts. • Transportation Services No objections. The provision of two parking spaces in tandem (1 in the driveway and 1 in the garage) for each of the units is acceptable as it is normal practise for dwelling units with their own dedicated street access. A 5 metre by 5 metre daylight triangle will be requested to be dedicated at the south -west corner of Chippawa Parkway and Reilly Street. • Municipal Works No objections. There are adequate water and storm sewer facilities to service the property; the Region is to confirm sanitary sewer capacity for the proposal. A comprehensive site servicing /grading plan is to be submitted prior to Building Permit issuance. October 23, 2012 • Fire Services - 3 - PD- 2012 -63 - No objections. Fire safety concerns will be addressed through the Building Permit process. • Legal Services, Niagara Falls Transit - No objections. Neighbourhood Open House A neighbourhood open house was held on September 19, 2012 to explain the proposal and to answer questions. The applicant, his agent and 4 residents were in attendance. The residents expressed concerns about the introduction of townhouses in the neighbourhood, stating that it would create more traffic, impact on the privacy of the abutting owner to the west and that it may set a precedent for new, higher density developments in the neighbourhood. The neighbours questioned if the mature trees that exist on the property would be retained, and if the buildings setbacks allowed for proper visibility at the intersection. The neighbours noted a preference for the property to be developed with a semi - detached dwelling under the existing zoning. The developer noted the intent to create a high quality development and indicated a willingness to work with neighbouring property owners to mitigate privacy concerns through fencing or plantings and to preserve existing trees. It was also noted that any development that does not comply with existing zoning is subject to a review process with an opportunity for public input. ANALYSIS 1. Official Plan The subject and surrounding lands are designated Residential in the City's Official Plan. Residential lands are intended to be developed with a variety of dwelling types in a compatible fashion to provide a choice of housing and to meet the changing needs of households. Projects with densities up to 50 units per hectare (20 units per acre) can be considered on collector roads where the land is sized appropriately and the development would be compatible with the surrounding housing. The subject land is located on a collector road and in a mature neighbourhood that was mostly developed around the turn of the twentieth century. Due to their age, a number of dwellings in the neighbourhood need to be replaced or renovated. The subject land is large enough that the existing two- storey, single detached dwelling could be removed and replaced with a new semi - detached or duplex dwelling with a variance to recognize the lot frontage. Residential infilling like what is proposed is to be designed and integrated to achieve compatibility and sensitivity with the surrounding development in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The majority of the housing in the neighbourhood is single detached dwellings on lots with 20 metre (65 foot) frontages. A few lots have been divided to provide additional single detached dwellings. Several others have been developed with October 23, 2012 - 4 - PD- 2012 -63 semi - detached dwellings as allowed by the R2 zone. The majority of the surrounding housing is developed at a density of 12 -24 units per hectare (5 -10 units per acre). The density of the proposed on- street townhouse dwelling is nearly double this at 50 units per hectare (20 units per acre). As the majority of the homes in the neighbourhood are two storeys in height, the proposal to build a two - storey on- street townhouse dwelling on the land would not be out of character. However, the width of the dwelling at 34.9 metres (114.5 feet) is out of character with the homes in the area and equivalent to slightly over 5 typical townhouse dwelling units with frontages of 6.5 metres (21.3 feet) per unit. Each of the four, two- storey dwelling units is proposed to have a floor area of 158 square metres (1,700 square feet) and three bedrooms which is typical of a moderately sized single detached dwelling. As a result, the proposed building has a considerable mass resulting in undersized amenity yards behind the units and lesser front yard depth along Chippawa Parkway which could impede sight lines for the adjacent driveway to the west. Refer to Schedule 3 for further detail. Ideally, one of the dwelling units should be oriented toward Chippawa Parkway to better engage the street and to maintain the existing streetscape. While the proposed dwelling is in line with the setback of existing dwelling to the south, it is approximately 3 metres (10 feet) closer to Chippawa Parkway than the dwelling to the west. In order to maintain the established setbacks and the size of the proposed dwelling units, one of the dwelling units would have to be eliminated. This would have the added benefit of reducing the mass of the building which is out of character with the built form in the area, and better preserve sight lines for the adjacent driveway to the west. 2. Zoning By -law The R2 zone only permits a single detached, semi - detached or duplex dwelling on the land. The zoning of the land is requested to be changed to the R3 zone which would permit an on- street townhouse dwelling in addition to the uses permitted in the R2 zone. In addition to the zone change, a number of adjustments to the R3 zone regulations are requested to allow the on- street townhouse dwelling to be built as shown on Schedule 2. Because lot frontage is deemed by the zoning by -law to be the lesser of the two frontages for a corner lot and the proposed units would front onto Reilly Street, the applicant has requested the lot line next to this street to be deemed the front lot line. In addition, the applicant has requested site specific modifications to the following R3 zone regulations: Required Proposed Minimum Front Yard Depth 6 metres 3 metres for a dwelling, 6 metres for a garage Minimum Rear Yard Depth 7.5 metres 4.5 metres Minimum Interior Side Yard Width 3 metres 1.8 metres October 23, 2012 -5- PD- 2012 -63 Minimum Exterior Side Yard Width 4.5 metres plus 11.5 metres from the centreline of Chippawa Parkway 3 metres plus 10 metres from the centreline of Chippawa Parkway Maximum Lot Coverage 40% 45% Minimum Number of Parking Spaces 1.4 spaces /unit 2 spaces /unit in tandem (one in an attached garage) The reduction requested to the front yard depth reflects smart growth standards that have been implemented in newer development areas of the City. This setback is also consistent with the setback of dwelling to the south. A 6 metre setback should be required for the garage to ensure there is room to park a vehicle in the driveway. The applicant proposes to provide a rear yard of between 4.5 metres (14.8 ft.) to 5.5 metres (18 ft.) for the dwelling. A larger rear yard setback of 6 metres (19.6 ft.), as shown on Schedule 4, is recommended to provide more amenity space for the units and to provide a better setback from the dwelling to the west. This increased setback is closer to the current setback afforded by the dwelling on the subject land and would improve the amount of outdoor amenity space available to the residents. A new closed board wooden fence along the rear (west) lot line would provide some privacy for the adjacent resident. The proposed interior side yard width of 1.8 metres (5.9 ft.) is larger than the permitted side yard of 1.2 metres (3.9 ft.) for single detached and semi detached dwellings and would be in keeping with the standards accepted for the area. The setback from the centreline of Chippawa Parkway is intended to protect for future road widenings. As a road widening is not requested the elimination of this requirement is appropriate. However the minimum exterior side yard (Chippawa Parkway) width should not be reduced as requested. Instead, the exterior side yard setback should be increased to 6 metres to match the setback of the existing dwelling to the west, as shown on Schedule 4. Allowing the proposed dwelling to encroach closer to Chippawa Parkway would disrupt the streetscape and affect the character of the neighbourhood. The request to increase the permitted lot coverage from 40 to 45% is not necessary as a result of the setbacks recommended above. With the implementation of the recommended building setbacks, the lot coverage will be slightly Tess than what is currently allowed in the zone. The applicant proposes to provide 2 parking spaces per unit in tandem (1 in the garage). This is typical of dwelling units with driveways directly accessible from streets and as such is acceptable. These driveways are allowed to have a width of 50% of the frontage of the lot, up to a total of 8 metres. As the driveways would have a total width of about 12 metres, relief form the 8 metre cap should be granted. As the driveways would encompass only 30% of the frontage, the intent of this provision would still be met. October 23, 2012 3. Regional Comments - 6 - PD- 2012 -63 The Region has requested a warning clause be inserted in any site plan agreement or otherwise registered on the title of the property warning future purchasers of possible noise, odours or other nuisance emanating from the former Norton Chemical facility to the north -east. The proposed townhouse would not be subject to site plan control. As the owner proposes to subdivide the property into the future townhouse units, this warning clause could be addressed as a condition of consent or part lot control approval. CITY'S STRATEGIC COMMITMENT The proposal as reduced is supported by the City's Official Plan policies regarding infill development in residential areas. LIST OF ATTACHMENTS ► Schedule 1 - • Schedule 2 - • Schedule 3 - • Schedule 4 - Recommended by: Location Map Site Plan Elevation Recommended Side and Rear Yards Respectfully submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development K Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -63, AM- 2012 -011, 4218 Chippawa Parkway.wpd October 23, 2012 - 7 - SCHEDULE 1 PD- 2012 -63 Subject Land LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 4218 Chippewa Parkway Applicant: New City Properties Inc. AM- 2012 -011 October 23, 2012 - 8 - SCHEDULE 2 PD- 2012 -63 October 23, 2012 - 9 - SCHEDULE 3 PD- 2012 -63 w O z 4 2 la O a 3 w d = W 2 W H October 23, 2012 - 10 - SCHEDULE 4 PD- 2012 -63 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 -58 Proposed Telecommunication Facility 5645 Morrison Street Applicant: SBA Canada for Wind Mobile PD- 2012 -58 October 23, 2012 RECOMMENDATION That Industry Canada be advised that the City of Niagara Falls does not support a telecommunication tower at 5645 Morrison Street as it does not comply with the City's siting criteria. EXECUTIVE SUMMARY The proposal to erect a 40m tall monopole tower within a fenced 12m by 12m enclosure at the northeast corner of the St. Andrew's United Church's parking lot is not supported based on the following: the proposed location is within a residential area and adjacent to open space and parks and therefore does not meet the City's siting and design policies for telecommunication towers; and due to its location there will be a visual impact on a wide neighbourhood including north of Fairview Cemetery and south of Oakes Park. BACKGROUND Proposal SBA Canada, on behalf of Wind Mobile, is proposing a 40m tall telecommunication tower within a fenced 12m by 12m enclosure on the northeast corner of the parking lot to St. Andrew's United Church on Morrison Street (Schedule 1 and Appendix 1). The original proposal identified a 45.7m tower which was reduced in height in response to public comments. A 15m tall temporary tower is currently located on the site. (Note: towers 15m or Tess in height are exempt from local land use authority and public consultation). St. Andrew's Presbyterian Church is designated "Residential" in the Official Plan and zoned "Institutional" in Zoning By -law 79 -200. The Church was built prior to the passing of Zoning By -law No. 79 -200, as amended. October 23, 2012 - 2 - PD- 2012 -58 Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns / issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS SBA Canada is an independent wireless infrastructure company that provides antenna space on towers for the wireless sector, in this case Wind Mobile. Wind Mobile's objective is to provide reliable coverage in the area between Stanley Avenue and Dorchester Road, Thorold Stone Road and Lundy's Lane. According to the proponent there are currently very weak coverage areas with poor signal strength around Morrison Street, Drummond Road and Stanley Avenue. A 15m temporary tower currently exists at the location proposed for the 40m permanent tower, on the parking lot for St. Andrew's United Church and adjacent to the grounds of Fairview Cemetery. The proponents had originally proposed a 45.7 m (150') tower but later revised that proposal to a 40m tower with antennas that are to be 'shrouded' According to the submission there are no pre- existing towers with which to co- locate and given the low average height of structures in the search area, a rooftop antenna installation is not viable. PUBLIC CIRCULATION A public notice was sent out to five residents /agencies within the 120m radius of the tower and also published in the Niagara This Week. A public meeting was held by SBA Canada on July 4, 2012. Written correspondence was received from two individuals and the meeting was attended by 6 residents. One of those responses supported the proposal and the financial benefits it will bring to the Church. A copy of the comments received and the response of SBA Canada are attached as Appendix 2. Concerns expressed about the proposed tower centered around its visual impact and siting in relation to residential and parks /open space uses and St. Mary's School. St. Mary's School is located approximately 160m west of the proposed tower. The Niagara Catholic District School Board has stated that they have no comment: "...providing all health and safety standards are maintained for young children including concerns expressed by the Medical Officer of Health, Provincial Standards including the Ministry of Health, Federal Standards including Health Canada and any other government Ministry or Department having jurisdiction. All of these standards and regulations should be maintained as they may be amended from time to time." October 23, 2012 - 3 - PD- 2012 -58 In response to the visual impact of the tower, SBA has proposed a 'shroud' design to the antenna as seen in the photo simulation (attached as Schedule 2). SBA also refers to the existing trees framing the parking lot area, although those appear to be completely located on the adjacent lands of the Fairview Cemetery. DEPARTMENTAL CIRCULATION The information package was circulated by Planning staff to other City Departments. Transportation Services has noted that the tower and its enclosure can potentially cause a loss of 10 parking spaces. The City's Consultation policies on the siting and design of telecommunication towers state that towers should be outside of and a maximum distance away from built residential structures /areas, areas zoned or designated for future residential use as well as parks and open space areas. Also, towers should be as unobtrusive as possible and take advantage of elevations, topography and existing vegetation to minimize visual impact. The proposed tower location does not comply with the City's siting policies as the lands are designated Residential and the tower is immediately adjacent to open space /parks areas (Fairview Cemetery, Oakes Park and St. Mary's School). Although the efforts of SBA Canada to mitigate the visual impact of the tower with a shroud, the site of the tower is next to an open space and park area, which means there are no neighbouring structures or vegetation to mitigate the visual impact of a 40m (131') tower structure. Wind Mobile has approximately 6 other towers /antennas within a 2km radius and it is questioned whether the service can be provided at a lesser height (other towers have been constructed at 30m). Photo simulations of the tower have been submitted for views along Morrison Street only by SBA Canada and are included in Schedule 2. LIST OF ATTACHMENTS ► Schedule 1 - Location Plan ► Schedule 2 - Photosimulation of Tower, SBA Canada ► Appendix 1 - Survey Plan ► Appendix 2 - Public Consultation Summary Report, July 10, 2012 Recommended by: Respectfully submitted: F. Berardi:mb Attach. }-96 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -58, Proposed Telecommunication Facility, 5645 Morrison St 2.wpd October 23, 2012 - 4 - SCHEDULE 1 PD- 2012 -58 iii .. eel r PROPOSED TOWER LOCATION Fairview Cemetery Andrew's united Church Mary's choci Oakes Park October 23, 2012 - 5 - Before SCHEDULE 2 PD-2012-58 OSC1326 - 5645 MORRISON STREET, NIAGARA FALLS, ONTARIO View from Morrison Street and Law Avenue looking northeast towards proposed SBA mono-cross tower After ,.-opose,Pos ,r-cwn 14,b7r11,,,,, ,e,es .L.a, or ie.netrel from r,wer PHOTOGRAPHIC SIMULATION BEFORE AND AFTER PHOTOGRAPHS TAKEN FEBRUARY 9,2012 N.T.S. S B A El Before OSC1326 - 5645 MORR0N STREET NIAGARA FALLS, ONTARIO kiViiknk-k/ak: View from 5418 Morrison Street looking west towards proposed SBA mono-cross tower ,1.11UX N.1.■ PHOTOGRAPHIC SIMULATION BEFORE AND AFTER PHOTOGRAP115 TAKEN FEBRUAR' 9. :012 g N.T.S. APPENDIX 1 ELM STkEET LU 0 0 14.7 = 4 4 4 APPENDIX 2 ON70551 /OSC1326 SBAD July 10, 2012 Public Consultation Summary Report Wireless Telecommunications Tower Site 5645 Morrison Street, Niagara Falls, Ontario SBA Canada - contracted to FONTUR International 30 East Beaver Creek Road, Suite 104 Richmond Hill, ON L4B 1 J2 Introduction The following report is a follow -up to the Site Selection /Justification Report submitted to the City of Niagara Falls on May 28, 2012 regarding a proposed 40- metre shrouded monopole telecommunication tower at 5645 Morrison Street. Since this time, a public circulation and consultation has been undertaken in accordance with the City of Niagara Falls' Consultation Process for Radio Telecommunication Facilities and Industry Canada's guideline document CPC 2- 0-03. Public Notification The public was notified of the proposed tower in accordance with the City's Consultation Process and Industry Canada's CPC 2 -0 -03. Accordingly, residents and property owners within a radius of three times the tower height (measured from the base of the proposed tower) were sent an information brochure via regular mail (Appendix A) that arrived on or before May 31. A total of five residents /agencies were contacted, which exceeded the requirement of a 120 - metre radius (Appendix B). In addition, a notice advising the public of the proposal was published in Niagara This Week (Niagara Falls edition) at the beginning of the 30 -day commenting period, Thursday, May 31. The notice advised the public of the public information session that was to be held on July 4. A copy of the notice can be seen in Appendix C. Consultation During the 30 -day commenting period (May 31 - July 4), FONTUR International on behalf of SBA Canada corresponded with two members of the public with respect to the proposal. This correspondence is contained within Appendix D. A Mrs. Judith MacCarthy expressed some concerns with the tower, including but not limited to: • Details of the public consultation process • The temporary installation at the proposed location and its status • the tower's location in relation to parks and open space areas, and the potential for visual impact • the zoning of the proposed site FONTUR International, on behalf of SBA Canada, responded in kind to these concerns. Details were provided to Mrs. MacCarthy regarding the public consultation process; it was clarified that the installation currently on site would be removed after a short period of time; photo simulations of the tower were provided for Mrs. MacCarthy's consideration; and it was clarified that the zoning of the proposed site was Institutional, not Residential. During the course of this correspondence, the proposed tower was reduced in height from 45.7 metres to 40 metres in order to mitigate the visual impact from surrounding properties. 2 SBA 113: Correspondence was also received from Mr. and Mrs. Tom and Janet Thornton, who wrote in support of the proposal. Public Information Session In accordance with the City's Consultation Process, a public information meeting was held on July 4, 2012, at the MacBain Community Centre, from 6:30p.m. to 8:30p.m. About a dozen information panels describing the project and addressing some common concerns were set up around the room, and attendees were given the opportunity to comment on the proposal and ask representatives of SBA Canada questions about the proposal. A total of six people attended the meeting (Appendix E). All attendees were members of St. Andrew's United Church and expressed interest in the proposal. A number of questions were asked of SBA representatives, and answers were provided as below: Question Is the tower designed for equipment from additional carriers? Will there be more than one carrier initially? Will the church be compensated if additional carriers place their equipment on the tower? Answer The tower is designed to accommodate equipment from carriers in addition to WIND Mobile. This could potentially allow the City of Niagara Falls to effectively avoid a potential for a proliferation of towers in the immediate area. Any additional equipment added to the tower would be shrouded in the same fashion as proposed. Initially, only WIND's equipment would be attached to the tower. Any agreements regarding additional carriers is subject to the lease agreement SBA has signed with St. Andrew's United Church Board. How will the tower be provided with hydro? SBA will be attempting to hook in to the City's power grid. If this is not deemed possible, a connection through the Church structure may be required. All hydro required for the structure will be underground. How long will construction take? What impact will this have on the Church's parking? Construction would take approximately 4 weeks, barring any unforeseen circumstances. SBA will accommodate the Church's parking needs as best they can during the construction phase. It was noted b 3 SBA some attendees that this portion of the parking lot was not used very often for parking. How will the tower look from ground level? How much space will it take up? Photo simulations show the tower from a distance. Photo simulations were conducted from either side of the proposed site along Morrison Street in order to provide an indication of the tower's visual impact as one would approach it. Due to the presence of the temporary installation, a photosimulation of the proposed tower from the front of the site would not be effectively possible. It was noted that the mature trees surrounding the proposed location would provide significant screening to the site from two sides (and some from the site frontage). The tower's compound size is proposed at 12m x 12m (144 sq. m.). In an effort to make the tower more aesthetically pleasing from ground level, SBA would tie into the existing black chain -link fence and extend this fencing around the secure equipment compound. If the tower falls, who is responsible for I SBA would be liable in the extremely damages? Lunlikely case of a tower collapse. The general process with respect to a decision from the City of Niagara Falls was also a topic of discussion. It was explained to attendees that shortly after the public meeting, a summary report (this report) would be submitted to the City for review; sometime after this process, the Planning Division will present a report to Council for their consideration. Attendees expressed a desire to be notified as to when this council meeting would take place. Conclusion We believe that SBA Canada has demonstrated that the proposed wireless telecommunication facility meets the language and intent of Industry Canada's guideline document CPC 2 -0 -03 and the City of Niagara Falls' Consultation Process for Radio Telecommunication Facilities. In terms of our circulation to the City, we feel that all technical concerns and requirements received through and after the circulation have been addressed, and no outstanding issues remain. 4 SBA We feel that our proposal does not impede on the use and enjoyment of surrounding land uses. SBA Canada believes it has completed the consultation process in accordance with Industry Canada's and the City's standards, and respectfully asks that the City of Niagara Falls issue a statement of concurrence. Sincerely, James P. Kennedy, MCIP RPP 5 SBA el 9 APPENDIX D — PUBLIC CORRESPONDENCE Joel Swagerman From Gerry and Judy <genyandjudy @sympatico.ca Sent June -11 -12 3:37 PM To: on70551; Gerry and Judy MacCarthy Subject Re 0 N70551 - 5645 Morrison Street.. Thank ycu. Joe, cr our prorrpt and +nforrratroe reply +r -! consul wth Francesca Berard: regard;ng the addresses nct:fed. Sincere y Judth .lacCarthy. > Dear Ms. MacCarthy > -hank you 'cr ?cur' e-rraJ message regarding the preposed teemmrrunicaton f3t'y at 5645 Mcrrson Street n N agara =a! S. Pease accept the response as ackncwiedgerr ent that we have 'ere reed .your correspondence >Apub enctice was paced n Niagara This Week, synchrcnzed 'atth the ma2ng out ofrrctcestothose n thin the pub sic c rcuatcn radius Wh;ae the names and addresses of those n the crculation adus is pub4ic information, due to company po'cr ' cannot re ease t tc you However, t rn +ght :Teem rrenct that .,sou contact the partner at the Cty of N agara =as respertsb e for ths'•le (Francesca Berard:), as the Cty s in a better post cn to assist you :n the matter have coped Ms Berard' th s message Please note that the Cathckc Sthoc; Board was g»aen nctce cf the proposa , as the ,r proper y s .vthn the c;rcuation rad':us. > The proposed rat , :t'y •,>rcuid be owned by SBA Canada (SBA), whom we are representing ar ths matter SBA is a thard- pa^rtcwer company •„h;ch eases space for carrier equipment n thescase, SBA spartne' ng wth WIND Mob :e. whose engneers ha•.e dent fed a need for improved coverage ;n the area. > > A. :e,ecrmrnun :cations carrers are bound by the Sicense tc ccrnpfy wth the guide sses cf the federa regulator. industry Canada. Under the guide: ne document, CPC 2-C-C3 iattachedj, carriers are required tc ccnsut wth Soca> and - use author ties- however ha ape reve far fac Jt "es such asths proposal rests wth erdustry Canada. Because t s a fede-a- matte -, zcn ng and other Penning Act regu atcns do not app)y . >'Junc pates a is have the eb lty to create the :r own protocol related to the cenau•tatcn process 'or o eccrerrun Cat cns nfrastructure !n the case. SBA sccmspying .s-th the Cty cf Niagara !Falls' prctoced .n addton to CPC 2-C-C3.7err perany rrsta aeons, such as the ene currently on ste, are exempt `rom cubit consultat ion, and are *ypea sdsrn ant ed after 2-3rronths > = ease note that this prcposa. •M=i' not go to count: : for ccns:derat en unt s the pub,' corrsu.taton process has been >at5 ed Soon arterthe pub +r open hcuse(JuiySi. a report suer marzng pub ccorn mentsand any subsequent er ;sins made tc :he propcsa +r 99 be subrn tted to the Cty of N agara = ais`cr levies Sometime after the Cty ccrrp,etes the r 'etiew cf th s - eport• paannng tar' mr +^ subrn t hear own ,e pc ro counci9_ This report .0 a ask Counc.:, to dec tie whether cr not SBA has satsfed the ccndt ions and guide ' :rues of CPC 2-0-C3 and the Ctys protocol. > > -hank •,•cu again =or tak -ng the t rre to cem went on this prcposa: hope that this nforreatcn has been he',pfu . > Shcu ycu have any `urther questons crccrrments, pease do not hestate to contact me. > S ncere ^r, > > Jce Swage rrran > FCN -UR nternat;ena inc_ fcr SBA, Canada SBA > > —Original Message - > From: Gerry and Judy lm ai lto:gerryandiudye4sym pat ico_cal > Sent June -10-12 3:45 PM > To: on7O551; Gerry and Judy MacCarthy. > Subject Attentionioel Swagerman > From: 6139 Summer Street, > Niagara Falls, ON L2G 7L3 > June 10. 2012 > To Joe: Swagerman, > FONTUR internat ona; inc > 30 East Beaver Creek Road, Suite 304. > Richmond y €ll• ON L43 1J2 10 > Dear Joe 1: > have read the pub it net ce for the proposed SBA Canada Te ecam m unicat ansTower at 5645 Marrason street, N i gara Fad s, ON, whi h appeared on page > 22 of > 'Niagara Ths Week', on May 3:, 2012 > hlopefu9hy ycu w4` ans+,aer my fan'lc ing guest7ans: [ :] Did the pub:ac notice aeso appear in Niagara Falls` principal ne•vspaper, The Niagara Fa3is Review'? > [2] What teiecomun caions' carrier are you representing? > [3] !see a ewer, temporary towe s already pcstioned at 5645 Monson Street Was city appro+sa l sought for the insta laton? > [s] What s the and des gnaten of 5645 Morison Street? > :5] th the under anding that nct`caticn of ths proposal s d str!buted to home/ and owners titbit/ the radkis of 3 tirn esthe he ght of the tower E4Cien x 3], k nd!!y name the addresses being net tied. > ':6] As a courtesy, dc you ever notify and o,vners"' residences a `urther dStance away - for example: 5747 Marr:son St the the site of St Mary's E iementarf Catholic Scheel? > i •n cu d appreciate being nforrned of the date the app ncat on goes before N agara as c ty counc?.. > rtr say "he " on July 4th, at the Machin Community Centre > Sincere y. Judth tiiac Car thy > '',: -905- 356- 7390] > gerryandudy @sym pat icn ca] SBA® 11 6139 Summer Street. Niagara Falls, ON L2G 7L3 June 27, 2012 Joel Swagerrnan, FONTUR International Inc. 30 East Beaver Creek Road, Suite 104, Richmond Hill, ON L4B 1]2 Dear Joel: Regarding the prcposed SBA Canada Telecommunications Tower [WIND Mobile] located at 5645 Morrison Street, Niaga a Falls, ON, 1 wish to submit the following objections: [ 1] using the Niagara FAs Consultation Process for Radio Telecommunications Facilities Report PD- 2008 -52, Section 50020. as reference. 1 read "facilities shall be located outside of, and at a maximum distance from built residential structures; areas, areas zoned or designated for future residential use ". The 5645 Morrison Street site is zoned residential. 12 Using the same Consultation Process as reference 1 read the tower should be as unobtrus ve as possible, and be a maximum distance away from parks and open space areas ". The 56.45 Morrison Street site abuts the east and north boundaries of Fairvview Cemetery and will rise high above the tree canopy. The tower will be especially evident from northward bound approaches, and will appear incompatible with the surrounding cemetery and park areas. [3] Most importantly, the tower will be positioned only 160 - 165 metres distance from St. Mary's Catholic Elementary School, 5747 Morrisor Street Una( sufficient scientific data, and the passage of time determines the safety factors involved with the close proximity of telecom towers to children [and elementary schools] the public is being advised to err on the side of caution, even while acknowledging Safety Code 6 Guidelines [Health Canada]. Du -Mg negotiations between the Niagara Falls vity Planning Department and the Altus Group, on behalf of Bell Mobility Subject PD- 2011 =18], the proposed 4536 Portage Road teleaorn tower was not constructed, as representatives ofSt.Antoine's French Elementary School would not support a tower closer than 249 metres. Please recommend to SBA Canaca and WIND Mobile that telecommunicatior towers be placed on lands zoned industrial, commercial, utility, or agricultural. SBA® 12 Page 2 [June 27, 2C12] Thank you for addressing my concerns. Sincerely. Judith MacCarthy, (905.336.7390) (aerryandiudy@svmpat.co.ca) c.c.Francesca Berardi, Planning Department, City of Niagar7 Falls. SBA 13 Joel Swagerman From on70551 Sant June -22 -12 7:40 AM To: 'Gerry and Judy' Cc 'Francesca Berardi; spectrum.londongic.gcca Subject RE: Atte rt io rc Joel Swagerman Attachments: RF and SC6.pdfi ex pert anel_radicfrequency_update2,pdf Dear Ms. MacCarthy Thank you again for your correspondence. ?ease accept thse -marl asackncwedgement that we have rem ved it The tower proposed by SBA s designed to be ebe to actor, modate potentai requests for co- iocaticn. This could aa1ovv the Cty of N agars Fads to effective v avoid the potent ae pro+aferaticn of towers n the immediate area in addition, any future equipment to be added to the proposed tower sucu d be shrouded at a we i- designed encasement so that the to •nrer w;id not 'oak !ike a to eccm mun "3catcn tower A '1 equrprre nt on the *Dire- s to be shrouded by highly-designed f'bregass pane's that w'4 attempt to bend n to the exiting tante:d of the church and cemetery. in recogntion of the potent ad "o- v sua# m pact, SBA has :'educed the height of its proposal by'.ve metres i 35 feet) By designing t in the way, SBA has attempted :0 make the tower as cam patb a aspcssabe wth the surroundng open spaces. locating t -ear o' the parking et or S also aiicw the su mound ng mature vegetation to screen the base of the tower Du, ng the thorough sate se ect on process, the C ty of N agara Fads • p rot oco l was taken nto account. Genera 1hr, our sat e se ecten process s a ba anced exe tse which s desgned *_c find the cptirrrum coat en for cam munimton co erage fh; e meet ng and-use at ect Wes However-, , because of numercus`at ors such as, but not iim ted to topography, areas of ccnsurrrer demand, and anrenabe and owners, :he search area s usua 3y ism ted to under 1 k3ometre (radius) The ccat-on chosen was opt rrunr n terms of rreetng and -use obey ves and coveage r+equarements. SBA genera ly asodsseee ng dcat ens that are used rr osty: for °esdent_a' purposes and, cr are zoned forresdenta7.The church property s zoned as nst tut cna,, according to the City. of N agara =ats` tonne loo -lams 79-2 C. The 4 gars Ca he it Dstret School Board has been given nctte cf the proposer. and has et to comment an the prcposa•. Shout' they have any cb;ecticns. SBA s cornrr tted to stork ng ,ti-th the NCDSB tc come to an effectNe reso otcn. 'Nth -espect to your heath concerns, ; woud encourage you to exam ire the foiow -ng resources -- heWordHeathO rgamsaton' s+' 'i9CiEectro- Magne : eldsgrc;;ect http.:.ww.v who. - nt;peh- em`;en;conta'rrsa number- cf recent studes and °esearch e ated to radio- frequency err ss:crrs - TheRc°ya Soo etyof Canada's "Recent Advances n Research cnRadicfre queney Fie Cis and teeth :2cGF -2cOE a summary cf research an :he topic (as attached) - have asc attached a summary sheet on thetopcsvthanurr be- of'escurces ;inked for your exam :naten Thank - >cu once agan =or tak!ng the t me to cornwent. S,nce -e ^r Joe SNagerrran "CN'UR :ntemationa nc. SBA El From Gerry and Judy <gerryandjudy@sympatico.ca} Sent June -23 -12 3:04 PM To: on7 0551 Subject Attention. Joel Svuegerman Hello Joel: Thank you for your reply re. 5645 Morrison Street, as well as for the two scientific attachments. Yes, 1 did see the map where the tower was listed as45 metres in he ight, but now has been lowered to 40m. Sincerely, Judith MacCarthy. Front Sent To: Subject Tom Thornton <oldmrt© aol.corry July -01 -12 226 PM on70551 Tower on St Andrevgs Church Property Th is a great dea sauce the church can certainiy use the funds to support asa that we do for our Comm unty Janet & Tom Thornton 14 SBA Fro m: on70551 Sant July-05 -12 208 PM To: 'Gerry- and Judy' Cc Francesca Berardi Subject RE: Attention: Joel Swage mum Attachments ON70551 - Phctosim - 5645 Morrison St.pdf Fte to Mrs. MacCarthy: Thank you for attending iast night, it was a pleasure to sped wth you. have fore +carded your questions related to constructor and easing crt our site acquisition representative, Steve G tat, who will be .n contact wth Tony at the church. I do not have an answer regarding how many parking spots will be rem eve d <'rom operation during construction at the point. as t Is a very fluid process. Closer to the date of construction i;shcuid SEA be given perm fission to proceed) SEA will co- ordinate with the Church board to ensure that dsturbance to the church's operations are kept to a m roomum. My cc =le ague who wasatthe meeting - - hsna fie sShehryarKhan. n ,.!+ cok into the pc ssb i t of another sirruaten of the tower "rem the sidewak in front of the church. Unfortunately. due to the presence of the temporary instal t:en s stuated n front of the proposed permanent Jocaten), an accurate sm u at on of the base would not be poss t le If you concern s the tower's he ght in relation to the surrounding cern ete^,r trees, ! believe the :WC s m u iations we have presented illustrate this tear y i! have attached these simulations again `or irour review). 'hank ycu aga: n `cr attending the meeting and 'or your ccmments Regards. Ice! Swagerrr an POINTLJR internatena --Cr igina'- Message- - �rom: Gerry and Judy ma file eerri and !udvitsymcaticc. cal Sent: Jul'.- 05-12 1:22 AM Tc: on7C551. Geri{ and Judy MacCarthy Sober Attention: Joe: Swage rman To. Joe' Swage Tn an, FCNTUR international Inc., 3C East Seaver Creek Road, Suite _C4., Richmond Hill, ON L4E J2 Gocd Day, Joe': Thank you 'or answering rr y questions at the July 4th pub: meeting re. the proposed 4.0 rn x :44 sg m [base] to fie cam m un ;;cations tower at 5645 M or-Son Street, Niagara Falls t awat your response about the amount of parking lot space needed while constructing the tower overthe period of lone month. 15 SBA As l had spoken briefly with your friendly co-worker would you please spell his name for me. My hearing is not what it used to be The 2 available simulated photos of the proposed tower were taken from distances away from the site. i would appreciate a "photo" of the proposed tower, and the base enclosure, as seen from the sidewalk that borders the east parking lot This view would accurately detail the tower height, and its relationship to the surrounding cemetery tree covering. Good 'wishes w th your Kent Avenue proposal. will c.c. this ietterto. the city planning dept. [Francesca Berardi], and to the StAndrew's United Church Board chairperson., requesting that all persons who attended the Judy 4th public meeting be notified of the date & time this proposal goes before cty council. Sincere ly, Judith McCarthy. 16 SBA® 17 Ct FONTUR APPENDIX E — PUBLIC MEETING SIGN -IN SHEET FONTUR International Inc. 30 East Beaver Creek. Scite 104 Richmond Hof. ON IAB I J2 iSBaIli WIND Sign -in Sheet Public Information Session - Proposed Telecommunication Tower located at 5645 Morrison Street, Niagara Falls 04/07/2212 Name (Please Print) Address Signature Ze-nct SM , l of > bi t L� ,46:::;t- k. �� to,._. �) '_ i c i1 �_'rC P.'CZL ' bbl J 5e 1 �d "e/H3'? ,Y3 C'll it q aia /1x i,vji_26.y, u0-i.4., 1-�. ( ? 0 ti -. `ilJ t t r / (1C N P{ f 0,-,., m' Ti sBA® 18 APPENDIX F - WRITTEN CORRESPONDENCE FROM PUBLIC MEETING tt FONTUR FOtltUR'r erraliono !nc. 30 East aeover Creek, Sute 104 Richmond HUI, ON Loft 112 SBA®) W1Nt) Comment Sheet RE: Proposed Telecommunication Tower located at 5645 Morrison Street, Niagara Fops Pubic Open House - 04/07/2012 NAME (Please Print): ADDRESS: COMMENTS: SIGNATURE: SBAIS cxgso Planning cored Ffie: 6139 Summer Street, Niagara Falls, Ontario, L2G 7L3 October 10, 2012 Attention: Francesca Berardi, Niagara Falls City Hall, Planning Department, P.O.Box 1023, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Francesca: On the Association of Municipalities of Ontario [AMO] web site I have read the following: "Communities that are well - designed and planned attract jobs and investment. Ontario's simple and streamlined land use planning system gives municipalities the major role in planning decisions." In contrast, from every public notification for a proposed telecommunications tower I always read: "Please take notice, as the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through Industry Canada. The City of Niagara Falls has no jurisdiction in these matters, other than a commenting body to Industry Canada and to the applicant." Furthermore, on one tower community notification I read: "This proposed tower facility does not require permitting of any kind. Similarly, zoning by -laws and site plan approvals do not apply to these facilities." My questions and concerns are: [1] How and when did these unfair Industry Canada regulations arise? [2] Does the Niagara Falls planning department discuss with other municipalities this lack of planning control? [3] Will Ontario municipalities be addressing these infringements of municipal rights? Thank you for responding to my concerns. Sincerely, Judith MacCarthy, y� (\r“ Nat, Ca. ij-ktd, [905.356.7390] gerryandjudy @sympatico.ca PD- 2012 -65 Niagarajalls October 23, 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 -65 Telecommunication Facility Consultation West Side of Portage Road Applicant: Altus Group on Behalf of Bell Mobility RECOMMENDATION It is recommended that Industry Canada be advised that the City of Niagara Falls does not support the construction of a 40 metre (131 ft.) flag pole style telecommunication tower and equipment cabinet on lands on the west side of Portage Road, north of the intersection with Marineland Parkway as it does not meet the City's siting criteria. EXECUTIVE SUMMARY The proposal to erect a 40 metre flag pole style telecommunication tower on Portage Road, north of Marineland Parkway is not supported based on the following: • the proposal is designated Tourist Commercial and the City's site /design protocol prefers building /rooftop facilities; • there will be a definite visual impact within the Tourist serving area; and • alternative locations have not been adequately explored. BACKGROUND Proposal The Altus Group has proposed a telecommunication facility on the west side of Portage Road, between McLeod Road and Marineland Parkway to improve their wireless voice and data services within the area. The proposed facility would be located approximately 70m west of Portage Road directly across from the now closed Fraser Hill entrance and Oakes Hall and the Niagara Parks Commission Golf Course. Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. October 23, 2012 - 2 - PD- 2012 -65 The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS The land proposed to host the telecommunication facility is currently vacant and is designated for Tourist Commercial use. The lands to the south contain electrical structures and a former rail line runs along the westerly lot line of the property. Planning staff recognizes these existing uses however Portage Road is used as a tourist access to the Fallsview Area, and in light of the Tourist Commercial designation of the lands, the location of a 40m tower at this location would not be desirable for the area. In addition, historic Oakes Hall (Niagara Parks Commission Offices) and a par 3 golf course (Open Space) are located directly opposite the tower at 7400 -7500 Niagara River Parkway is identified as a Cultural Heritage Site. The City's design /siting protocol indicates a preference of rooftop /building towers for facilities within the tourist serving areas and that `the tower be as unobtrusive as possible and take advantage of elevations, topography and existing vegetation to minimize visual impact' located away from Open Space lands also within viewshed from the Falls. Although the proponent has designed the tower as a flagpole, the height of the tower will render it obvious from street level due to lack of intervening buildings or landscaping and from the high -rise hotels in the Fallsview Area which are based at a higher elevation and provide views of the upper rapids and Niagara River. The applicant has indicated that the height of the high -rise hotel buildings (Fallsview Hilton Hotel) within one kilometre of this site has caused some reporting of `overshooting' of signals by some providers. Unfortunately no reference is made to the availability and applicability of sites on shorter buildings in the area. As an alternative to a rooftop facility, the Stanley Industrial Park is located southwest of the proposed tower site, well within the 1 km radius of the coverage area proposed. The City's protocol encourages the siting of towers within industrial areas as a compatible land use. The proponent has noted that a location on the Washington Mills site was investigated however the provider was discouraged by the potential of contaminants on the site. It was not noted by the proponent whether other industrial lands had been investigated. Public Comments A public information meeting was held by the Altus Group on August 29, 2012. No members of the public attended. In addition, no comments were received through the circulation process. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. October 23, 2012 LIST OF ATTACHMENTS - 3 - PD- 2012 -65 ► Appendix 1 - Location Map ► Appendix 2 - Survey Plan ► Appendix 3 - Site Selection Justification and Public Consultations ► Appendix 4 - Photo Simulations Recommended by: Respectfully submitted: aca.,1 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S' \PDR\2012 \PD- 2012 -65, Proposed Telecommunication Facility, Portage Rd.wpd October 23, 2012 - 4 - APPENDIX 1 PD-2012-65 October 23, 2012 - 5 - APPENDIX 2 PD-2012-65 October 23, 2012 - 6 - PD- 2012 -65 APPENDIX 3 Bell SITE SELECTION JUSTIFICATION AND PUBLIC CONSULTATION: WIRELESS TELECOMMUNICATION FACILITY PT T'VP it 1 75 Stamford pi 2 3 & 4 59r10776, L'w ro706323 & ro656236. at ro509402e, ro766496, ro771674, Niagara falls; PIN 643770134 BW3477 Jinx 27, 2012 Background Wireless services, such as mobile phones and digital wireless phone services such as email and pagers are increasingly important for Canadian consumers. As a result of increases in demand for wireless communications and public's demand for better services throughout the country there has been an increase in the number of telecommunication facilities needed to support this industry The wireless phone services are used by general public, business, police, fire fighters and ambulance services as well as government agencies, air aviation systems and national defense. Wireless carriers constantly strive to improve coverage and network quality for their clients and in order to achieve a reliable wireless network for all users, carriers must provide a seamless transmssion signal to alleviate any gaps in coverage. For wireless services to work, antenna systems composed of towers and rooftop antennas are required to deliver services to a given coverage area. Bell Mobility Network Planning and Engineering departments have become aware of coverage gaps in their network. Coverage gaps are responsible for dropped calls and unavailable service. Location justification and Coverage Two of the most important factors of providing wireless communication services are antenna and the tower. The antenna is essential as it sends and receives signals from the antenna stations. The tower on the other hand allows the antenna to be raised above obstructions such as trees and buildings to ensure that it cart clearly send and receive communication signals. Each tower facility and its antenna systems provide radio coverage to a specific geographic area often called a cell or ring. Telecommunication providers must ensure that antenna systems are carefully located at the center of that cell /ring and provide a clear signal over the whole cell October 23, 2012 - 7 - PD- 2012 -65 area where there is a shortage of signals. Due to increased data use on cell phones, greater coverage capacity is required, and Bell Mobility recognize the need for improved wireless coverage in this area. Client demand, radio frequency engineering principles, local topography and area land use, working in concert with each other determine the geography of our sites. Throughout the site selection process, special care has been taken to maximize distance from existing residential dwellings. For wireless radio frequency clearance and coverage demands, it was determined that other infrastructures was either not available or could not be used to elevate antennas and that is including existing telecommunication towers within 500 meters of the proposed site. Within the search ring that was provided by Bell Mobility RF engineers, there were no aiternative locations or co location option that would suite the location requirements as much as the proposed property. Bell Mobility also Investigated the possibility of using some of the high rise hotel buildings within a kilometer of the proposed site. Unfortunately according to Bell Mobility Radio Frequency department there has been reported overshoot issues on their existing Bell antennas that are located on top of Fallsview Hilton Hotel with J5 carriers such as AT &T, Cricket communication and Verizon Wireless that is causing interference with their signals therefore not only Bell Mobility but all other carriers are forced to propose shorter towers to avoid further issues in this area. In our search, we considered selecting a site that is within the search ring; avoids residential dwellings as much as possible within the 3 times the tower height; has a willing land lord and enough land space to place a tower compound on their property, and is not too close to other existing Bell Mobility antenna towers. Based on the investigation into signal strength and where tower antennas needed to be located in order to deploy a successful network, it was determined that the proposed property represents the most preferred location for the new telecommunication tower. It is the intention of Bell Mobility to build communication towers where more than one tenant will be locating, in order to promote co- location. The proposed facility will allow for future sharing opportunities with various telecommunication providers. Bell Mobility plans to utilize the subject to resolve coverage issues in this area oy providing hign - quality network signals for its high -speed wireless voice and data network. Altus Group is the appointed agent to Bell Mobility in developing their wireless network, ncluding services related to communicating with Federal and Municipal authorities and the Public. Proposed Site Information Bell Mobility is proposing to construct a telecommunication facility on the property known as PT TWP It 175 stamford pt 2, 3 & 4 59r10776; t/w ro706323 & ro658236; st ro509402e ro771674, Niagara falls; PIN 643770134 -2- October 23, 2012 KEY PLAN (nor TO SCALE) - 8 - PD- 2012 -65 Propcseel 40 meter Towertocat/en Proposed tower coord rates are 4334'13.1'N 7934'45. r Description of Proposed System The proposed is a flag pole communications tower that is 40 meters tall and would occupy a ground compound area of 42.3 in'. Bell Mobility proposes to install (6) six S -€ 5016 antennas Simulated Photos of Proposed Site The photos simulations are to illustrate the type of installation proposed and what it will look like when installed on the property The photo is an image of the proposed installation superimposed. The actual installation may vary slightly depending on conditions on-site. Transport Canada's Aeronautical Obstruction Marking Requirements - 3 - October 23, 2012 - 9 - PD- 2012 -65 Bell Mobility has made all required applications to Transport Canada and NAV Canada. Trans Canada's aeronautical obstruction marking requirements (including painting, lighting or both) are not available at the time of this notice but Bell Mobility attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety and marking requirements as needed_ Health Canada's Safety Code 6 Compliance Health Canada's Limits of Exposure to Radiofrequency fields at Frequencies from 10 kHz to 300 Ghz, known as "Safety Code 6 ", establishes the standards which applicants must adhere to The development of standards required to protect public health and the implementation of these standards rest exclusively with the Federal Government. Bell Mobility attests that the radio antenna system described in this notification package will comply with Health Canada's Safety Code 6 limits, as may be amended from time to time, for the protection of the general public. Engineering Practices Bell Mobility attests that the radio antenna system described in this notification package will be constructed in compliance with the National Building Code of Canada and will comply with good engineering practices including structural adequacy Local Land Use Consultation Under the Federal Radio communications Act, Industry Canada is responsible for regulating and licensing the installation of telecommunication towers. Under this Act, proponents wishing to install new antenna systems (mast, towers and other supporting structures) are only required to consult with the Municipal Land Use Authority (LUA) prior to construction. The participation of land -use authorities in the consultation process does not transfer any federal decision making authority, nor does it confer a right of veto in the location of the radio communication facility Tower installations are not subject to local municipal Official Plan and Zoning by -laws. Environmental Protection The Canadian Environmental Assessment Act ;CLAM requires Industry Canada to consider environmental concerns when reviewing an application for a radio communication facility at a specific site. Most radio communication towers have no significant effect on the environment and are excluded from environmental assessment under the Authority of CEAA; Exclusion List Requjations,However, the proponent must submit an attestation so that this car be confirmed by Industry Canada. Radio antenna system and the facility described in this notification package fails under exclusion list of Canadian Environmental Assessment Act Public Safety To ensure public safety, the site facility would include locked, alarmed and electronically monitored mechanical equipment cabinets. Fencing would be installed around the base of the tower and equipment shelters. Industry Canada's Spectrum Management The approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through Industry Canada. As part of Industry Canada's requirements, local public consultation is required and relevant concerns must be addressed. -4- October 23, 2012 -10 - PD- 2012 -65 Examples of concerns that proponents are to address may include: • Why is the use of an existing antenna system or structure not possible? • Why is an alternate site not possible? • What is the proponent doing to ensure that the antenna system is rot accessible to the general public? • How is the proponent trying to integrate the antenna into the local surroundings) • What options are available to satisfy aeronautical obstruction marking requirements at this site? • What are steps the proponent took to ensure compliance with general requirements of CPC -2 -0-03 document including the CEAA and Safety Code 6) According to Industry Canada's CPC- 2 -0 -03, concerns that are not relevant include. • Dispute with members of the public relating to the proponent's services, but unrelated to antenna installations • Potential effect that a proposed antenna system will have on property values or municipal taxes • Questions whether the Radio - communication Act, CPC -2 -0-03, Safety Code 6, locally established by -laws, ether legislations, procedures or processes are valid or should be reformed in some manner. Local Public Consultation Bell Mobility recognizes the importance of considering the potential impact that antennas and their supporting structures may have on their surroundings Industry Canada has instituted procedures that applicants such as Bell Mobility must follow, which give consideration to the environment, health and safety, and land -use consultation. If you have received a public notification via mal, your property fails within a designated notification radius of three times the tower heignt, measured from the tower base. If you have not received a notice via mail and nave been informed through ether means your property does not fail within the required public notice range. The notification radius is provided by Industry Canada and in this case is stipulated by your Local land Use Authority Any comments or questions can be sent to Altus Group using the contact information below Altus Group 33 Yonge Street, Stn Floor Toronto, ON M5E 1G4 Attn: Morteza Alabaf E -mail: comments.agi @altusgroup.com Fax. 416 -204 -1200 For more information on Industry Canada's public consultation guidelines including CPC -2 -0-03 please visit http : / /www,icgc.caleic /site /snit- gst.nsf /eng/h sf01702.html or the local industry Canada office. Toronto District Office Room 909, 9`" Floor 55 St. Clair Avenue East Toronto, Ont. - 5 - October 23, 2012 - 11 - PD- 2012 -65 M4T 1M2 Telephone: 416 -973 -8215 Fax: 416-954 -3553 Email Spectrum Engineering - spectrum torontoP ic.gc.ca Hours of operations: 8:30 a.m, - 4 :30 p.m. (By appointment only) General information relating to antenna systems is available on industry Canada's Spectrum Management and Telecommunications website: hrtp:[/www.ic.gc.ca /epic /site /smt gst.nsf /en[home Members of the public are invited to provide comments to Bell Mobility (via Altus Group) about this proposal by mail, email or fax. Public have 30 days from the date of this notice to submit their written questions or comments to the address provided below: (the deadline is set to August 20, 2012) Also in an attempt for the applicant to respond to public questions or concerns Altus Group is inviting the public to attend the Open House Information Session that is scheduled on August 29, 2012 from 6:30 pm to 8 pm at MacBain Community Centre. (7150 Montrose Rd, Coronation Room). The setting of this meeting is an "Open House Information Session" and there will not be any decisions made on this meeting and al decisions relating to this application will be made by Industry Canada. Closing Date for Submission of Written Public Comments Industry Canada's rules contain requirements for timely response to your questions, comments or concerns. We will acknowledge receipt of your communication within 14 days and will provide a formal response to the municipality and those members of the public who communicated to Bell Mobility, within 60 days. The members of the public who communicated with Bell Mobility will then have 21 days to review and reply as the final response. Local Land Use Authority Contact Information Francesca Berardi Planner 2 Planning, Building and Development Services City of Niagara Falls 4310 Queen Street, P.O Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 ext 4238 Fax 905- 356 -2354 fberardi(7n, niagarafalls.ca -6- October 23, 2012 Photo Simulation - 12 - PD- 2012 -65 APPENDIX 4 PD- 2012 -67 Niagaraaalls October 23, 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 -67 Proposed Telecommunication Facility 4807 Kent Avenue Applicant: Fontur International on behalf of Bell Mobility RECOMMENDATION That Industry Canada be advised that the City of Niagara Falls does not object to a telecommunication tower at 4807 Kent Avenue provided that the existing tower at 4793 Kent Avenue is completely removed within 90 days of equipment activation for 4807 Kent Avenue. EXECUTIVE SUMMARY The proposal to erect a 60 metre tall steel self support communications tower within a 225 sq. metre fenced in compound near the rear lot line of 4807 Kent Avenue can be supported based on the following: the tower would be replacing an existing tower which has been existence for approximately 20 years on a neighbouring property; - the tower would be located on lands that are designated and zoned for Industrial use; - the relocation of the tower will not have any additional impact on residential uses adjacent to the industrial area; and - the existing tower at 4763 Kent Avenue will be dismantled within 90 days of equipment activation for 4807 Kent Avenue. BACKGROUND Proposal Fontur International Inc., on behalf of Bell Mobility, is proposing a 60 metre tall telecommunication tower within a 225 sq. metre fenced compound at the rear of the property at 4807 Kent Avenue (see Schedule 1). The property is located east of the Queen Elizabeth Way and is presently occupied by Accu -Lock and Security. A tower has existed for approximately 20 years on the adjacent property to the north, 4793 Kent Avenue. Bell Mobility's lease agreement with the property owner of 4793 Kent has come up for renewal and Bell's site acquisition representatives are still in negotiations with the land owner to renew the lease. However, issues have come up that Bell may not be able to resolve with the land owner, consequently Bell is proposing a replacement tower at 4807 Kent Avenue as a solution. The proponent has stated that under no circumstance will Bell October 23, 2012 - 2 - PD- 2012 -67 Mobility construct a new tower in addition to retaining the existing tower and have submitted a letter to the Municipality to that effect (Appendix 2). Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns / issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS The proposed tower is located in an industrial area of the City and is both designated and zoned for industrial use. The City's site and design protocol support the location of these facilities within industrial areas as a compatible use. This proposal would result in the replacement of an existing tower onto an adjacent property approximately 35 metres further to the south west and further away from residential dwellings along Montrose Road. Public Circulation A public notice was sent out to five residents /agencies within the 180 metre radius of the proposed new tower and also published in the Niagara Falls edition of Niagara This Week on June 7, 2012. A public meeting was held by Fontur International Inc. on June 9, 2012. No written comments were received and no members of the public attended the information meeting. Departmental Circulation The information package was circulated by Planning staff to other City Departments. No objections to the proposed relocation were submitted. LIST OF ATTACHMENTS ► Schedule 1 - Location Plan ► Appendix 1 - Survey Plan ► Appendix 2 - Letter Confirming Decommissioning of Adjacent Tower ► Appendix 3 - Public Consultation Summary Report, October 2, 2012 ► Appendix 4 - Street level photo Recommended by: Respectfully submitted: F.Berardi:mb Attach. S: \PDR\2012 \--$py (1) of PD- 2012 -67, Proposed Telecommunication Facility, 4807 Kent Avenue 2.wpd Alex Herlovitch, Director of Planning, Building & Development Ke Todd, Chief Administrative Officer October 23, 2012 - 3 - SCHEDULE 1 PD- 2012 -67 .lndustriar Street JJ J_j J ,I eirwcFO a Strew —i tite Sr*e °t ,a Existing Tower location r,Mtorrison • J Proposed Tower location October 23, 2012 , -4- 4 APPENDIX 1 PD-2012-67 , ' 4("1 ; • 3,4 ; 14 u;11! t i; ' ;•.' 11;1 ,"r1 = • , - - ;11 • October 23, 2012 - 5 - APPENDIX 2 PD-2012-67 Bell September 20, 2012 Francesca Berardi Planner 2 Planning, Building and Development Services Cin of Niagara Falls 43111 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Berardi:: RE: Bell Mobility Inc. Application for a telecommunications tower located at 4807 Kent Avenue, Niagara Falls, Ontario Bell Site ID: W3705 Please be advised that further to the application made by Fontur International_ acting as agents to Bell Mobility Inc. ("Bell"), Bell would like to confirm the requirement to continue service in the area with a telecommunications tower. At the property located at 4795 Kent Avenue there is currently an existing Bell owned telecommunications tower whereby Bell has been unsuccessful in securing a long term agreement with the property owner. Should Bell's efforts to keep the existing tower commissioned not prove successful then the new tower proposed at 4807 Kent Avenue is required. In this instance the existing tower located at 4795 Kent Avenue would be decommissioned within ninety (90) days of new tower located at 4807 Kent Avenue becoming operational. We appreciate your understanding in this mater. Sincerely, ew- Morrison rrftory 3 Real Estate Manager c.c: Joel Swagerman. Fontur International October 23, 2012 - 6 - PD- 2012 -67 APPENDIX 3 W3705 October 2, 2012 Wireless Telecommunications Tower Site 4807 Kent Avenue, Niagara Falls, Ontario Bell lvlobiti'y -- contracted to: FONfUR Intemationa: 30 East Beaver Creek Road. Suite 104 Richmond HT, ON L4B ! J2 October 23, 2012 -7- PD- 2012 -67 Table of Contents 2 Introduction 3 Purpose - Background & Coverage Requirement 3 Identification & Evaluation of Different Site Location Options 6 Proposed Site Location 7 Summary of Existing Bell Mobility Tower 9 Description of Proposed System 10 Health Canada's Safety Code 6 Attestation 10 Control of Public Access 10 Canadian Environmental Assessment Act 10 Transport Canada's Aeronautical Obstruction Marking Requirements 10 Engineering Practices 11 Public Circulation 11 Conclusion 1 1 Appendices A -F 12 Bell October 23, 2012 - 8 - PD- 2012 -67 Introduction The on -going increase in the use of personal cellular telephones and other wireless devices such as Blackberry and broadband internet for personal, business and emergency purposes requires the development of new wireless telecommunications infrastructure. This infrastructure includes new antennas and their support structures, which are required to meet the demands of increased capacity and broadening service areas. Without antennas in close proximity to the wireless device, wireless communication is simply not possible. The use of wireless telecommunications is firmly entrenched into Canadian society and economy. Canadians currently use more than 18.5 million wireless devices on a daily basis including, wireless phones, pagers, mobile radios, mobile satellite phones and broadband Internet devices. Two- thirds of every Canadian household have access to a wireless phone. More importantly, each year Canadians place more than 6 million calls to 911 or other emergency numbers from their mobile phones. As part of its on -going commitment to provide high quality wireless Internet and cell phone services, Bell Mobility has determined that a new wireless telecommunications facility is required in the City of Niagara Falls. This report documents Bell's site selection process, the details of the proposal, and the applicable Industry Canada provisions. As a general matter, Bell's site selection process is a balanced exercise that must meet Bell's network coverage objectives, having regard for land use constraints and its obligation to its customers to provide a high quality of service. Wireless telecommunications facilities are regulated by the Federal Government under Industry Canada and need not follow municipal or provincial planning approvals. However, in recognition of the policy vacuum which exists as a result of that circumstance, Industry Canada requires that wireless telecommunication carriers consult with and use authorities. Purpose - Background & Coverage Requirement A radio antenna and a tower are the two most important parts of a radio communication system. The antenna is needed to send and receive signals for the radio station. The tower raises the antenna above obstructions such as trees and buildings so that it can send and receive these signals clearly. Each radio station and its antenna system (including the tower) provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to ensure that it provides a good signal over the whole cell 3 Bell October 23, 2012 -9- PD- 2012 -67 area, without interfering with other stations and can "carry" a call as the user moves from cell to cell. OIUuor dolor Network A casrdn servi a network Continuous wireless service - Each cell only serves a 11 Figure 1 If the station is part of a radio telephone network, the number of stations needed also depends on how many people are using the network. If the number of stations is too small, or the number of users increases people may not be able to connect to the network, or the quality of service may decrease. d number of calls on 'lfriia Cellular Net try fytasera creates gaps in . Figure 2 As the number of users exceeds the capacity of the radio station to receive and send calls, the coverage area for the cell shrinks and the shrinkage between cells creates coverage holes. As demand increases for mobile phones and new telecommunication services, additional towers are required to maintain or improve the quality of service to the public and restore contiguous wireless service. 4 Bell October 23, 2012 - 10 - PD- 2012 -67 r Network >, by 60in9 s ConUnamws ..Ir seem Figure 3 In this case, Bell Mobility's Radio Frequency Engineering department has determined the need for a service upgrade to adequately provide continuous coverage and service to our existing and future customer base along the Queen Elizabeth Way (QEW) transportation corridor near the interchange with Highway 420. Currently, our network is burdened by a combination of poor voice and data quality, specifically in high -use residential areas and transportation corridors. In some cases, the coverage is so poor that a handset would be unable to place a mobile call at all in the subject location and surrounding area. The result of this situation is on -going customer complaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Bell Mobility is committed and mandated by its license to ensure the best coverage and service to the public and private sectors. The proposed site near the QEW is extremely important in terms of providing coverage to an under - serviced area. Bell Mobility wants to provide infrastructure necessary to ensure that both residents and visitors to the area have access to the service they are accustomed to in other parts of the country. Bell Mobility's objective for this portion of its network is to provide reliable coverage in the area surrounding the interchange of the QEW and Highway 420. The objective is to have coverage throughout Niagara Falls, specifically in residential areas and frequently- travelled corridors where demand for signal is high. A drive test was conducted in the general area along Montrose Road, Kent Avenue, as wet as the QEW and Highway 420, for the purpose of determining our coverage objectives (testing as if the existing tower was not in service). Very weak coverage areas with poor signal strength were found around and along these stretches of road, which generate significant coverage requirements as a result of the density of users. 5 Bell October 23, 2012 PD- 2012 -67 Identification & Evaluation of Different Site Location Options Based on research by Bet's Radio Frequency Engineering team, a general location was chosen in the vicinity of the intersection of Kent Avenue and Morrison Street. A site within the search ring on the map below (Figure 4) would, from an engineering point of view, meet the coverage objectives of Bell's network. Figure 4 — Search area A review of existing telecommunications installations within the search area, as illustrated in Figure 4, revealed that there are no existing towers that would meet Bell Mobility's coverage requirements. A Rogers tower exists outside of the search area, north along Kent Avenue. As described later in this report, a Bell Mobility tower exists in the search area (which has been issued because of the possibility of failed negotiations with the land owner). Given the low -rise nature of the area, there were no existing buildings that would meet engineering requirements. After visiting the area and reviewing Industry Canada's guidelines and the City's protocol, we located a number of potential sites that would meet engineering requirements. Meetings were then held with multiple land owners in these locations. 6 Bell October 23, 2012 - 12 - PD- 2012 -67 Figure 5 - Potential locations Selection and Justification of Preferred Location Proposed Site Location The location which Bell proposes for a wireless telecommunications site in Niagara Falls is on the property legally known as LT 46 PL 160 STAMFORD ; NIAGARA FALLS (Figure 6). The site itself is located approximately 210 metres east of Montrose Road, and 75 metres south of Morrison Street. The geographic coordinates for the site are as follows; Latitude (NAD 83) N 43 06 13.3 Longitude (NAD 83) W 79 07 16.8 Bell Mobility's proposed tower will accommodate wireless antennas for the purpose of providing wireless communications coverage and network capacity. To the end user, this translates into Bell's suite of wireless technologies such as cellular phone coverage, PDA device coverage (i.e.: BlackBerry, iPhone) as well as wireless internet coverage utilizing the Bell's Turbo Stick product. Depending 7 Bell October 23, 2012 - 13 - PD- 2012 -67 on the signal strength, and the amount of data being downloaded, the regular user should not see a difference between this and a fibre line. In order to provide proper service in this existing network sites need to be closer to residents. Figure 6 — Proposed location Bell strongly supports co- location on existing towers and structures and designed the tower to accommodate future carriers on the tower. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. However, tower infrastructure is a finite resource and over time most towers reach their engineered maximum. This normally results when more than two carriers occupy the same tower as illustrated below (Figure 7). The proposed tower is designed to support and accommodate other carriers. 8 Bell October 23, 2012 - 14 - PD- 2012 -67 Figure 7 2012 Initial Single Carrier Tower Alterations to - - original antennas include: direction. azimuth, etc. 2014 Addition of 2nd Wireless Carrier 1 Further alterations to original antennas Implemented Futures Alterations to original 2nd Wireless Carrier antennas Additional Netwok Technologies /Equipment 2019 Tower Profile over a period of time Towers are limited in terms of both allowable space and engineering capacity. Each antenna array requires a separation of vertical space so they do not cause interference with each other. Unfortunately there are no pre - existing towers with which to co- locate, and given the low average height of structures in the search area, a rooftop antenna installation is also not viable. Summary of Existing Bell Mobility Tower As previously discussed, there is a Bell Mobility tower existing on site at 4793 Kent Avenue, the property adjacent to 4807 Kent Avenue. This tower has been in existence for approximately 20 years. Bell Mobility's lease agreement with the land owner has come up for renewal, and Bell's site acquisition representatives are still in negotiations with the land owner to renew the lease. However, issues have come up that Bell may not be able to resolve with the land owner. Should negotiations with the and owner at 4793 Kent Avenue fail, the tower will be dismantled. As such, Bet Mobility is proposing a tower at 4807 Kent Avenue as a solution should negotiations at 4793 Kent Avenue fail. Under no circumstance wit Bet Mobility construct a tower at 4807 Kent Avenue in addition to retaining 9 Bel I October 23, 2012 - 15 - PD- 2012 -67 the existing tower. A letter committing Bell Mobility to only one tower has been included in Appendix D. Description of Proposed System The proposed system for 4807 Kent Avenue is a steel self- support communications tower that is 60 metres in height. A fenced -in compound would also be constructed, and would occupy a ground compound area of approximately 225 square metres. Bell Mobility proposes to install antenna and microwave equipment. The tower would initially provide wireless voice and data services for subscribers to the Bell Mobility network. Health Canada's Safety Code 6 Compliance Bell Mobility attests that the radio antenna system described in this notification package wit comply with Health Canada's Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier collocations and nearby installations within the local radio environment. Control of Public Access The site facility would include one locked, alarmed and electronically monitored mechanical equipment shelter. Fencing would be installed around the base of the tower and equipment shelter and would include one locked gate access point. Canadian Environmental Assessment Act Bell Mobility attests that the radio antenna system described in this notification package will comply with the Canadian Environmental Assessment Act as this facility does not require assessment under the Act. Transport Canada's Aeronautical Obstruction Marking Requirements Bet Mobility attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. Bell Mobility has made at necessary applications to Transport Canada and NAV Canada. Transport Canada will not require aeronautical lighting and /or painting (see Appendix A). NAV Canada has no objections to the tower as proposed (see Appendix B). 10 Bell October 23, 2012 - 16 - PD- 2012 -67 Engineering Practices Bell Mobility attests that the radio antenna system described in this notification package will be constructed in compliance with the National Building Code of Canada and comply with good engineering practices including structural adequacy. Public Circulation In accordance with Industry Canada's default protocol and the City of Niagara Falls' protocol, a public circulation was undertaken with landowners within a radius of three times the tower height, which meant a notice (Appendix E) was mailed to 13 addresses. A newspaper advertisement was also placed in the Niagara Falls edition of Niagara This Week on June 7, 2012, which is also when the 30-day public comment period began. In accordance with the City's protocol, a public meeting was held on July 9, 2012 (at the end of the 30 -day circulation period) at the Mac Bain Community Centre. During the 30 -day comment period, no comments were received from the public or the City. There were no members of the public present at the public meeting. Conclusion We believe that Bell Mobility has demonstrated that the proposed wireless telecommunication facility meets the language and intent of Industry Canada's guideline document CPC 2 -0 -03 as well as the City of Niagara Falls' protocol for telecommunication towers. In terms of our circulation to the City, we feel that all technical concerns and requirements received through the circulation have been addressed and no outstanding issues remain. We feel that our proposal does not impede on the use and enjoyment of surrounding land -uses. Bell Mobility believes it has completed its consultation process in accordance with Industry Canada's standards and the City's requirements, and respectfully asks that the City issue a statement of concurrence. Yours truly, Ferdinand Staab, MCIP, RPP, SR /WA FONTUR International Inc. 11 Bell October 23, 2012 - 17 - APPENDIX 4 PD- 2012 -67 PD- 2012 -66 Niagarapalls October 23, 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 -66 Solar Panel Rooftop Projects RECOMMENDATION 1. That Council not adopt a blanket resolution for all solar panel rooftop projects. 2. That Council deal with solar panel projects on a case by case basis. 3. That Council adopt the resolution for the small FIT solar panel project at 6030 Thorold Stone Road. 4. That Council adopt a resolution for for the small FIT solar panel project at 5900 Thorold Stone Road. 5. That Council direct staff to investigate policies, including a notification protocol, related to rooftop solar panel projects. EXECUTIVE SUMMARY The Province enacted the Green Energy Act (GEA) in 2009 to expand renewable energy generation and promote clean energy jobs. The Province through the Ontario Power Authority (OPA) has announced an application process for small Feed -in Tariff projects (10 kW to 500 kW) to connect to the electrical grid. Under the program applications will ranked and awarded based on a point system. Applications can earn 2 points if accompanied by a municipal resolution. A request for a "blanket" FIT resolution for these type of projects throughout the municipality is not being recommended by staff as it is believed projects should be considered on a case by case basis. Two site specific resolutions have been requested. A request for a resolution for a rooftop solar project at 6030 Thorold Stone Road can be supported because: • the project is small at 40 kW; • the solar panels are to be erected on an existing commercial building which is not adjacent to residential uses; and • a building permit will be required, if the application is approved by the Ontario Power Authority. October 23, 2012 - 2 - PD- 2012 -66 A request for a resolution for a rooftop solar project at 5900 Thorold Stone Road can be supported because: the 500 kW project will likely only occupy a portion of the roof; • the solar panels are to be erected on an existing industrial building which given its southern exposure would not likely have panels facing the residential uses; and • a building permit will be required, if the application is approved by the Ontario Power Authority. BACKGROUND The Province enacted the Green Energy Act (GEA) in 2009 to expand renewable energy generation and promote clean energy jobs. Provincial legislation exempts renewable energy projects, like solar panels, from municipal zoning bylaws, site plan control by -laws, demolition control by -laws and other provisions of the Planning Act. There is no required public consultation process for green energy projects. In some municipalities there has been public opposition to certain renewable energy projects, most notably wind turbines, and the lack of local input into the decision making process. The Province may be indirectly acknowledging the lack of local consultation by requiring a Council Resolution under the Feed in Tariff (FIT) program. Under the FIT 2.0 program, applications are to be submitted to the Ontario Power Authority (OPA) which will rate and prioritize projects based on a point system. Applicants can earn two points (out of 7) if they have received a Council resolution supporting the application. Applications can be submitted under the FIT program without such resolution, they will just not receive the two (2) points. The City has the option of adopting a blanket resolution (covering the whole of the municipality) or site specific resolutions. Approval of the solar projects rests with the OPA. DISCUSSION The City of Niagara Falls, and other municipalities, have been approached by various private energy companies to pass blanket (not site specific) resolutions, some to be valid for as long as one (1) year, for Small FIT projects. Small FIT projects are those which generate greater than 10 kilowatts (kW) and less than 500 kW of power. Despite the relatively small size, one internet source says a 500 kW project could be the equivalent of 929 square metres (10,000 sq ft) of roof area. Some municipalities (London and Burlington) have passed such blanket resolutions, other municipalities (Welland) have taken a case -by -case approach. Any building with a large roof could be fair game for such a project (such as a plaza, warehouse, factory, school, church, etc.). City staff is reluctant to recommend a blanket resolution, without knowing the proposed locations or design of these roof top solar panels. Although rooftop panels may be laid flat and be unobtrusive, panels which are mounted on a roof at an angle and which back onto housing might have a detrimental impact on the residents based on visual appearance or perhaps wind deflection. The risk to Council in proceeding in this way is of that, should a project of this type become locally controversial, Council will be seen as lending support through the blanket resolution. October 23, 2012 - 3 - PD- 2012 -66 Also, there is no prescribed public notification required for any of these alternative energy projects. There is no formal process for resident input should a rooftop panel be proposed on a building which abuts residential properties. Staff is in the process of investigating whether or not some form of public notification process could be implemented locally. It should be noted that even if Council does not support a resolution related to a specific project, it does not mean that the project may not go ahead, as the decision ultimately rests with the Province. Failure to pass a resolution will simply mean that the project will not earn the two (2) points under the FIT program. If ultimately approved through OPA, proponents would be required to submit a building permit application together with a report prepared by a qualified structural engineer to confirm the building has the capability of supporting the panels and to ensure Ontario Building Code compliance. The Fire Department has raised concerns regarding firefighting activities in buildings with rooftop solar panels. Many dangers exist as these power generating installations are always energized on the DC power side of the system and there is no way of turning off the power as long as the solar panels are exposed to light. Although provincial bodies are looking at mandating additional installation requirements, there continues to be issues that are not currently addressed. Structural evaluations need to be conducted on all rooftop installations, as well as the creation of aisles on larger installations and a three foot clearance from the edge of rooftops. These requirements will provide a minimum level of safety for firefighters during structure fires at buildings with rooftop installations. Site Specific Requests Two requests have been received for site specific FIT resolutions for solar panel installations in the City. 6030 Thorold Stone Road Applicant: 1609652 Ontario Limited Agent: Rick Vanderkuip A request has been made by Rick Vanderkuip on behalf of 1609652 Ontario Limited to install solar roof panels on the building at 6030 Thorold Stone Road (Autoline Toyota). The proposed solar panel project is 40 kW. Schedule 1 shows the location of the property. The site is occupied by a 2,200 square metre (23,649 square foot) commercial building (car dealership and service garage). The building has generous side yard setbacks to the east and west. The building is well set back from Thorold Stone Road and has a 6.0 metre (19.75 ft) setback on the south (rear). The surrounding land uses are primarily commercial or industrial. To the south is a large industrial warehouse building, a commercial plaza to the west and north and a commercial /industrial building to the east. A row of dwellings south west of the site, along the west side of Caroll Avenue is removed from the property. The location of the property is removed from residential properties to the south west. The building is located in a industrial zone. The project is relatively small (40 kW) and represents an investment in green energy. A resolution can be supported for the sole purpose of enabling the applicant to receive priority points under the FIT program. October 23, 2012 - 4 - PD- 2012 -66 5900 Thorold Stone Road Applicant: Thorstone Properties Ltd Agent: QPA Solar Inc. /Rick VanderKuip A request has been made by both QPA Solar Inc and Rick Vanderkuip on behalf of Thorstone Properties Ltd to install solar roof panels on the building at 5900 Thorold Stone Road. The proposed solar panel project is the maximum size under the program of 500 kW. Schedule 1 shows the location of the property. The site is occupied by an approximately 15,400 square metre (165,855 square foot) industrial building (warehouse). The building occupies almost the entirety of the site. The surrounding land uses to the north, east and south are commercial or industrial. To the west of the site, along the west side of Carol! Avenue is a row of dwellings. The residential properties are zoned Deferred Commercial which permits detached dwellings and existing uses. The location of the property is separated from the residential properties by the width of the road allowance. The building is located in a industrial zone. The roof of the industrial building is sufficiently large to accommodate the installation and situate it way from the residential properties. However, the rules do not allow the municipality to specify in the OPA resolution the location of the solar panels. The project is largest of the small FIT projects (500 kW) and represents an investment in green energy. A resolution can be supported for the sole purpose of enabling the applicant to receive priority points under the FIT program. CITY'S STRATEGIC COMMITMENT The proposal is consistent with the City's strategic goal for economic vitality by attracting green energy projects. The City has the option of adopting FIT resolutions on a site -by -site basis for small (10 kW to 500 kW) projects or a blanket Fit resolution for the whole fo the municipality. The blanket resolution is not being recommended since there are no land use controls and no requirement for public consultation. A site -by -site approach allows staff to consider the individual merits of a FIT project. LIST OF ATTACHMENTS ► Appendix 1 - Correspondence (e -mail) from Rick Vanderkuip ► Appendix 2 - Correspondence (letter) from QPA Solar ► Schedule 1 - Location Map ► Schedule 2 - FIT Resolution 6030 Thorold Stone Road ► Schedule 3 - FIT Resolution 5900 Thorold Stone Road Recommended by: 1. 3-4.4 Respectfully submitted: Alex Herlovitch, are tor of Planning Building & Development en Todd, Chief Administrative Officer A.Herlovitch /D. Iorfida /K. Beaman:mb /di Attach. S: \PDR\2012 \PD- 2012 -66, Proposed 40kw Solar Panel Rooftop Project.wpd October 23, 2012 - 5 - APPENDIX 1 PD- 2012 -66 Page 1 of 2 Alex Herlovitch - Re: NF Municpal Council Support and Solar Rooftop Projects From: Alex Herlovitch To: Alex Herlovitch Date: 10/15/2012 9:42 AM Subject: Re: NF Municpal Council Support and Solar Rooftop Projects »> "Rick Vanderkuip" <rvanderkuip @cogeco.ca> 10/2/2012 2:40 PM »> Hi Geoff and Alex. It was a pleasure meeting with you yesterday Please advise the outcome of executive committee meetings regarding the blanket versus site specific resolutions. We would like to be in a ready -state when the window reopens. Of specific interest is Autoline Toyota for a 40kW solar rooftop project. The resolution would need to be made out to 1609652 Ontario Limited as the applicant of record for the FIT project Regards.. Rick Vanderkuip RV & Associates 53 Beachview Drive St Catharines, Ontario L2N 3W4 905 -933 -1496 »> "Rick Vanderkuip" <rvanderkuip i.cogeco.ca> 9/19/2012 7:12 AM »> Hi Ken: The Ontario FIT 2.0 program for renewable energy generation will begin to accept applications for small FIT protects ( >10kW & <500kW) between October 181 and November 30"', 2012. My consulting practice has been extensively involved in solar PV projects since 2008. We are preparing to submit numerous applications for solar PV rooftop projects within the City of Niagara Falls as well as the balance of the Niagara Region. The FIT 2.0 program has introduced a Priority Point Ranking system to award contracts to applicants province - wide (see attached Figure 6.1). An integral item within this system is the Municipal Support Resolution for 2 points. I would appreciate your guidance as to how to achieve this with Niagara Falls Council. Attached is our proposed resolution for Niagara Falls Council. There are two acceptable forms of resolutions by the OPA. One is for owner, and site, specific projects whereby each project would require a resolution. The second is a blanket resolution that is prepared for all projects within Niagara Falls for a specific renewable fuel such as rooftop solar. We are proposing the blanket form. By completing this form as a Blanket, the City of Niagara Falls would only have to formally adopt it once and then all interested rooftop solar developers could pick up a copy at City Hall for their use in the application process, without the need for multiple council presentations etc. From the definition below, you will note that a confirming by -law is also required. My understanding of this is such that at the end of each council meeting they usually prepare a confirming by -taw for all actions taken and items discussed during that specific meeting. .we would need a copy of this too. The Standard Definition *187 for Municipal Council Support Resolution is as foflows: "means, in respect of a Project described in an Application, a resolution in the Prescribed Form, of the council or other governing body of the Local Municipality in which such Project is located together with a confirming by -law demonstrating the support of the Local Municipality for such Project." The form must be completed and signed off on as written without additional conditions etc., or the OPA will not accept it as being valid. about :blank 10/15/2012 October 23, 2012 -6- PD- 2012 -66 Page 2 of 2 The advice received is such that some preliminary discussions are best had with Town staff and/or some councilors in order to assure its passage in the first meeting...I understand they need a 2/3rds vote in order for this to be accomplished. I am prepared to attend and present at the council meeting if helpful. This same resolution has been prepared for each of the local municipalities within Niagara and one for the Region as well. I think it is appropriate for all to commit to this and show support for renewable energy projects. Admittedly this resolution only deals with rooftop solar but we did that on purpose as it is the least controversial and time is of the essence. I would appreciate your assistance and/or comments on how to proceed with this resolution. Regards, Rick Vanderkuip RV & Associates 53 Beachview Drive St. Catharines, Ontario L2N 3W4 905- 933 -1496 about: blank 10/15/2012 October 23, 2012 - 7 - APPENDIX 2 PD- 2012 -66 15 Renata Dundas, Ontario, L9H-6X 1 Ph: (g051- 627.4'35 Fix 905. 62 "2429 EM engwrirsia;gpasolar cam Date: August 27, 2012 To: Mayor Jim Diodati and City Council The City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, Ontario t_2E 6X5 Retyardin4: Municipal Council Support Resolution for Solar PV Systems Dear Mayor Diodati and Councillors; As you may he aware in May 2009, the Province of Ontario established the "Green Energy and Green Economy Act" and a Feed ir. TaritT(FIT) program was implemented by the Ontario Power Authority (OPA1. The FIT program offers stable pricing under long terra t:)PA contracts and provides incentives for individuals, eo-ops and corporations to install Photovoltaic 1 PV) panels. To date the FIT progrun has created thousands of new jobs and has drawn billions of dollars of investment into Ontario, The new FIT 2.0 program (the next version) will be launched Oct 1, 2012. As part of FIT 2.0, the Province of Ontario and OPA will award contracts based upon a point system. Favorable points will be given for art application if it is endorsed by the Municipality within which the projects are located. Attached is the standard form issued by the OPA for Council's Endorsement, QPA Solar Inc. is a 20 year old Ontario based engineering and project development company with offices in Hamilton and London, Ontario. QPA Solar has installed numerous rooftops solar systems for commercial, industrial, co -op housing organizations, schools. corporations and individuals across Ontario. We have installed some of the very first Ontario FIT and largest solar rooftops in Canada and are currently installing systems on 11 schools. We are seeking the endorsement of the Niagara Falls Municip.il Council for installing solar PV systems within the limits of the City of Niagara Falls. ,Viuxura - '• %$(is .Mun/upal Count:/ Reweutian i October 23, 2012 -8- PD- 2012 -66 15 Renata Dundas, Ontario, L9H-6X t Ph: i9O5i- 6274735 Fu 9O5- 627.1029 EM mquines+aypasolarrom As a hack drop, we have included some pictures of typical PV systems. These projects will require a building permit in the future and therefore the City will still retain normal control over the process. Unlike wind turbines, rooftop solar neither ries up valuable real estate nor interrupts the natural beauty of the landscape. Typically no roof penetration is required on flat roofs and these systems are generally invisible from street - level, resulting in preservation of building aesthetics. Encouraging the development of rooftop solar will further the environmental plan of Niagara Falls and stimulate local commerce without introducing problematic eyesores. In addition, it should also he noted that many of these projects will be formed with Community Co-op Partnership Participation and that a minimum of 35 property owners within the City of Niagara Falls will be involved. Our initial project. within Niagara Falls, will be at 5900 Thorold Stone Road, The owner of the property is Mr. Henry Muiier, a long established commercial property developer in Niagara Falls. On the other hand, if Niagara Fails Council does not endorse ?V projects, the OPA will look less favorably at any project application and the odds of being awarded an OPA contract are greatly diminished for any projects within the City of Niagara Falls. Consequently other Municipalities, who have passed the resolution, will receive the ecoromic and environmental benefits. We are currently requesting endorsements from several cities in Ontario including Hamilton. London Burlington, Brantford and several others. Fe date no Municipality has declined to endorse solar projects and we have received endorsements from the City of London and City of Burlington. Because of timing constraints and a limited window of opportunity, we respectfully request that this endorsement be passed at the very neat Council meeting. As a blanket endorsement, it will cover all solar PV projects for a period of 12 months after adoption by Council, Thank you very much for your time, consideration and we look forward to this endorsement. Regards Marjan Siosii p fn M President QPA Solar lric. M1.a*nra Fall .411aricapi Conucrl Remiutron October 23, 2012 - 9 - SCHEDULE 1 PD-2012-66 6030 Thorold Stone Road and 5900 Thorold Stone Road Proposed Solar Panel Rooftop Project ANE RD r- i 1 Location Map tit -1-S-1- MARYS ST 1HOROLD STONE RD 1. IRGINIA ST Subject Laid October 2012 October 23, 2012 - 10 - SCHEDULE 2 PD-2012-66 ONTARIO , Powell aunsostry t Me= Print PRESCRIBED FORM/TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION Section 6.1(cli(i)- FIT Rules, Version 2.0 Cap:ta::zeo terms not ooefned herein have the meanings ascr bed thereto ;n tre Fil Rues, Version 2.0. Resolution fii0: Date: October 23, 2012 WHEREAS 1609652 Critar c _.rr ted (tre ' Apcart '1 proposes to construct ar ce-ate a rooftop scia- :t-e ,-oject on 6030 Thoroic Stone Rca c 1t"e La-es N raga-a Faiis, Otc 'e tne Prov'rce 5 ;17 Program: AND WHEREAS !ine Azz cart ^as reoi.estet t-at Cc.-rii tne Coroc-ation of :re City of N agara Fai:s :ate rnso i's sunoc--: For tre const-uctip- a7d operat cr of the Project cn the Prope-ty: AND WHEREAS oursL.ant tre ,uies ,g the FIT Program :tn., "F1' Applicat ors Arose Projects -ere ve the "ormai s,,00cirt of i..ocaiNliur:c:oa ities awaroed P- or ty Po1i-ts, wricrl may res:iit tre Apolicart be ^g offerer. a F1'Cortract or:Cr:0 peiiispris appying o FT Contracts; NOW THEREFORE BE IT RESOLVED THAT: CoL;nr of tre trie Coro:xi-at on of rne City of Niagara Fes suoocrts reserva'..-t, r.be ocristruct-c, arc opera: on of tne P'OfeC: 0- the :_aros s resco- s see oL,-cos e s tc enac;e t-e Apoiicar:t to -ere ve Pr Paints FIT Program and mas, no: be -sec 'or !:^e o..ro,dse oF airy o:-e- form of ca i 30.0:047u -e at cn to. tre A00 'Catie^ Cr Project c- a-y other ourocse. Note: sjgnoture res,cr ocuiatrs or other representatves, cs ancrobhatej ree-ence -u-ncer Note: '1st be .r,serte y Acta/ tart to comoiete Appficatiori, , 20:12 Page af October 23, 2012 SCHEDULE 3 PD- 2012 -66 ONT� PRESCRIBED FORM/TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION Section 6.1(d)(i) - FIT Rules, Version 2.0 Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules, Version 2.0. Resolution NO: WHEREAS Date: October 23, 2012 Thorstone Properties Ltd (the "Applicant ") proposes to construct and operate a rooftop solar (the "Project") on 5900 Thorold Stone Road (the "Lands ") in Niagara Falls, Ontario under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Corporation of the City of Niagara Falls indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules'), Applications whose Projects receive the formal support of Local Municipalities will be awarded Pnonty Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Counal of the the Corporation of the City of Niagara Falls supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Prionty Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. (Note: signature lines for councilors or other representatives, as appropriate) r- i FIT reference number: I (Note: Must be inserted by Applicant to complete Application) Aug 2012 Page 1 of 1 GREATER NIAGARA His Worship Mayor Jim Diodati The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Re: Council Support Regarding the Installation of Rooftop Solar Panels October 16, 2012 Mr. Mayor and Members of Council, On behalf of the Greater Niagara Chamber of Commerce (GNCC), I would like to urge Council to endorse a Blanket Resolution supporting the installation of rooftop solar panels in Niagara Falls. A Blanket Resolution will allow for more efficient and expedient decision - making as this will negate the need to deal with numerous individual requests and presentations. With similar motions having already passed in other jurisdictions in Ontario and Niagara, Council's blanket support for the installation of rooftop solar panels in Niagara Falls would give participants priority points that would improve their chances of being accepted into the provincial Feed -in Tariff (FIT) program. As a result, the development of renewable energy projects can be expedited in Niagara Falls, allowing for further investment in the generation and transmission of green energy sources. In addition to this, support for such a resolution would also show that Niagara Falls is committed to supporting the business community and building a strong, innovative and green economy in Niagara. As the Green Energy Capital of Canada, it is imperative that Niagara takes a leadership role with regards to initiatives that will facilitate opportunities for renewable energy development and lay the groundwork for an economy of the future. It is our hope that Council will agree that supporting such a resolution would not only work to simplify the process for applicants to the FIT program, but that it would also send a strong message that Niagara is leading the way towards a greener and more prosperous future. Should you require any additional information, please do not hesitate to contact Kithio Mwanzia Director of Policy and Government Relations at (905) 684 2362 ext 222 or via email at poiicy,c gncc.ca. We look forward to hearing your decision. Chief Executive Officer 1 St Paul S1., P O Box 940 Niagara, Ontano L2R 6Z4 www greatenvagarachamtJer corn T 905 684 236 '. BUSINESS. COMMUNCIY niayar)coc NiagaraJalls 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 -48 Downtown Community Improvement Plan Proposed Residential Loan Enhancements PD- 2012 -48 October 23, 2012 RECOMMENDATION That Council consider the following changes to the Residential Loan program for the Downtown CIP as suggested by the Downtown BIA: • extend the period of no loan payments from one year to two years; • extend the repayment period from 5 years to 10 years (which extends the total time period of the program from 6 years to 12 years); and • provide a progress payment at 40% completion of the project. EXECUTIVE SUMMARY The Downtown BIA requested Council to consider a proposed change to the Residential Loan Program of the Downtown CIP to a Residential Grant. Council was sympathetic to the BIA's concerns and asked them to suggest some changes to the current Residential Loan Program that may encourage the construction of more apartments in the Downtown. This report outlines the proposed changes to the Residential Loan Program by the Downtown BIA. BACKGROUND On July 24, 2012, members of the Downtown BIA requested Council to consider changing the Residential Loan Program to a Residential Grant Program with the intent of trying to encourage more apartments to be constructed in the Downtown. The vision of the Downtown BIA is to have more people living Downtown and creating an environment where people will utilize local services and retail stores. ANALYSIS /RATIONALE The Downtown BIA is suggesting three changes to the Residential Loan Program that they feel will encourage more apartments to be constructed. These changes are highlighted as follows: 1. Extend the Period of not Paying Loan Payments Back to the City from 1 Year to 2 Years The current Residential Loan Program provides a one year grace period during which there is no repayment of the loan back to the City. The Downtown BIA has requested that this time period be extended to two years. The first year after October 23, 2012 - 2 - PD- 2012 -48 completion of apartment projects is the most difficult because the owner is working on achieving full occupancy of the building and resolving any deficiencies and problems that may arise. The BIA feels that the extra year of no repayments of the loan would be very helpful to the owner. 2. Extend the Repayment Period for the Residential Loan from 5 years to 10 years (extending the Program from 6 years to 12 years) Currently, the approved loan applications require the owner to start repaying the City starting one year following completion of the project and for 5 years. The extension of repayment from 5 to 10 years provides an improved financial incentive to the applicant. 3. Provide a Progress Payment at 40% Completion of the Project The current loan program provides progress loan payments at 60 %, 80% and 100% completion of the project. An additional progress payment at 40% completion will assist the applicant as a large amount of supplies and materials are purchased at the early stage of construction and an earlier progress payment will enable invoices to be paid in a timely manner. FINANCIAL /LEGAL IMPLICATIONS There will be additional administration costs to the City as a result of the proposed change to the Residential Loan Program because of the additional length in time to administer the program. There will also be additional interest charges paid by the City as a result of the longer pay back term of the loan. If Council is to consider the enhancements to the current Residential Loan Program, it is recommended that a cap of $1 million be made available for loans in the Downtown. The City will approach the Region to confirm their commitment as partners in the loan program. This could provide for approximately 100 apartments based on a loan of $20,000 per unit. The applicants are required to enter into a legal agreement with the City and this agreement is registered on title of the property. CITY'S STRATEGIC COMMITMENT The proposed enhancements to the Downtown CIP Residential Loan Program should have a positive impact and encourage more apartments to be constructed in the Downtown. Additional residential accommodation will promote economic development which satisfies one of Council's strategic priorities. LIST OF ATTACHMENTS • Appendix 1 - Staff Report PD- 2012 -36 dated July 24, 2012 Recommended by: ht -ki 1 t Alex Herlovitch, Dire for of Planning, Building & Development ,2_,;t.f_. Respectfully submitted: B.Bolibruck n Todd, hief Administrative Officer S: \PDR\2012 \PD- 2012 -48, Enhanced Loan Program for Downtown.wpd Niagar palIs REPORT TO: SUBMITTED BY: SUBJECT: APPENDIX 1 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -36 July 24, 2012 The recommendation(s) contained in this report were adopted as amended by City Council 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 for a 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 - 4 - PD- 2012 -36 FINANCIAL IMPLICATIONS 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 Iorfida.mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer 201 2 (.(J( \CIL 2012 07 24 PD- 2012 -36_ Revised Report on Residential Loan to a Grant wpd SNOIIVOINf1WWO3 (10/17/2012) Dean lorfida - City Council - Winter Fireworks Request 2012.doc October 16, 2012 Mr. Dean lorfida, City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Winter Fireworks Program Dear Dean: ria Email The CAA Winter Festival of Lights plans to hold weekly fireworks displays over the Falls; specifically as part of the Ontario Power Generation Opening Ceremonies on Saturday, November 3' and then each Friday thereafter until January 25, 2013 at approximately 9pm. For the Winter Fireworks Program, we are utilizing the services of David Whysall International Fireworks, the same firm used by The Niagara Parks Commission for the summer fireworks. As always, the Festival shall be properly insured for this and will add all concerned parties as additional named insureds. At this time, we are requesting City Council approval for pyrotechnic fireworks displays as outlined above. Should you have questions please contact me at 905 374 -1616 x. 246. Sincerely, CAA WINTER FESTIVAL OF LIGHTS Dino Fazio General Manager Page 1 L TEACHERS OF ENGLISH AS A SECOND LANGUAGE ASSOCIATION OF ONTARIO CONNECT-10N COMMUNITY EMPOWERMENT May 18th, 2012 His Worship Mayor Jim Diodati The City of Niagara Falls Mayors Office, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Your Worship, 27 Carlton Street, Suite 405 Toronto, Ontario M5B 1L2 416-593 -4243 7 416-593-0164 7= 1- 800-327-4827 administration@teslontario.org www.teslontario.org I am writing on behalf of TESL Ontario (Teachers of English as a Second Language) to invite you to take part in our Ontario wide initiative and declare the week of November 4th to 10th, 2012 as "English as a Second Language Week" in your region. Given the diversity of your population, we hope you will grant us this request. In 2011 fifty -one municipalities declared English as a Second Language Week. For 40 years, TESL Ontario has held its Annual Conference to provide professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens, and visitors, all who wish to improve their ability to communicate in English. This year, our 40th conference "TESL Ontario at 40: Thriving, Excelling, Sharing, Leading" will be held November 8th to 10th, 2012 and we will be honoured if representatives of your council can participate. Last year's TESL Ontario conference attracted 1510 registrants. Our members travel from across the province and beyond to attend workshops, research symposia, our technology fair and publishers' displays. For many of us, this annual journey to Toronto marks a time when we can share our experiences, expand our skills, and reaffirm the positive contribution that our province makes to diversity. Through a set of criteria developed to ensure measurable qualifications among ESL professionals, TESL Ontario demands the best qualifications of our members, as well as the best in training from our teaching programs. As a result, we offer the finest in second language education to our students, who are capable of contributing a wealth of knowledge and experience to Ontario communities. TESL Ontario will be developing a poster for our annual conference that will display all of the municipalities who have contributed to the success of ESL Week by granting a proclamation. Should you decide to grant the ESL Week Proclamation this year, we would appreciate it if you would email to administration @teslontario.org a .jpg or .eps version of your community logo so that we may display it on the poster. Attached, please find our suggested wording of the proclamation. If you have any suggestions or comments as to the content of this document, please contact our Executive Director, Renate Tilson, at 416- 593 -4243 ext. 203 Thank you for your consideration, Sincerely, Sheila Nicholas Chair SUGGESTED WORDING OF PROCLAMATION Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavour to acquire the ability to communicate in English. The community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adult education students pursuing literacy and basic skills, participants in workplace- training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends. The professional organization Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each year consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members. NOW THEREFORE, 1, on behalf of of Council, do hereby proclaim November 4th to 10th, 2012 as "English as a Second Language Week" in the of Office of the Regional Clerk Niagara Region 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905- 685 -1571 Toll-free: 1- 800 - 263 -7215 Fax: 905 - 687 -4977 janet.pilon @niagararegion.ca www.niagararegion.ca September 19, 2012 Mr. Dean lorfida Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: CL 12 -2012, September 13, 2012 Our File No. C.04.0010 The Council of the Regional Municipality of Niagara, at its meeting of September 13, 2012, approved the following motion: "WHEREAS the Niagara Region and the City of Niagara Falls will be co- hosting the 2014 FCM Conference and Tradeshow at the Niagara Falls Scotiabank Convention Centre from May 30 -June 2, 2014; WHEREAS the Niagara Region has an opportunity to showcase its most innovative and successful programs in the Niagara Region; WHEREAS the Niagara Region has an opportunity to highlight its most exciting leisure and recreational activities; WHEREAS the 2014 FCM Conference and Tradeshow will bring elected officials and municipal representatives from across Canada to the Niagara Region; WHEREAS the involvement of all Niagara municipalities, through their elected local councils, in the 2014 FCM Conference and Tradeshow planning, promotion and execution will benefit the Region at large; THEREFORE BE IT RESOLVED that the Regional Clerk reach out the local clerks from each Niagara Regional municipality to encourage their council members to become engaged in the 2014 FCM Conference and Tradeshow planning, promotion and execution by contacting the Niagara FCM Chair Selina Volpatti at selina .volpatti(c�niagararegion.ca and thereafter joining the Niagara 2014 FCM Planning Committee." Building Community. Building Lives. I am therefore, respectfully requesting that a copy of this letter be included in your next Council package, in order to encourage your Municipal Council members to become engaged in the 2014 FCM Conference and Tradeshow planning, promotion and execution by contacting the Niagara FCM Chair Selina Volpatti at selina .volpatti @niagararegion.ca. Yours truly, Janet Pilon Acting Regional Clerk APP cc: Councillor Selina Volpatti M. Trojan, Chief Administrative Officer P. Robson, Commissioner, Integrated Community Planning Niagara ,; Any Region September 20, 2012 Mayor Diodati 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati: Integrated Community Planning 2201 St. David's Road, P.Q. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 - 685 -1571 Toll Free: 1- 800 - 263 -7215 www.niagararegion.ca The Greater Niagara Circle Route Committee is the Advisory Committee to Regional Council on matters related to the Circle Route. The Committee includes representation from the Circle Route municipalities as well as various user groups and the general public. My purpose in writing to you is to request an appointment from your municipality to the Committee. I am enclosing information on the Committee to assist you in determining an appointee. This includes recent decisions by Regional Council confirming the mandate of the Committee and extracts from the Regional Policy Plan on the Committee. Also to assist you, the Committee meets approximately eight times per year on Wednesdays from 5 to 7 p.m. at Niagara Region Headquarters in Thorold. Please forward your appointee's name to Natasha Devos, Clerk to the Greater Niagara Circle Route, at the address above. I would be pleased to answer any questions you may have. Thank you for your assistance. Yours truly, D. Bruce Timms, Regional Councillor Chair of the Greater Niagara Circle Route Committee Attachment cc: Mary Lou Tanner, Associate Director, Regional Policy Planning Natasha Devos, Office of the Regional Clerk Building Community. Building Lives. ITEMS FOR CONSIDERATION Greater Niagara Circle Route Committee April 4, 2012 — Minutes That the Greater Niagara Circle Route Committee BE PERMITTED to remain as a standalone Committee from the other active transportation- related Committees due to differences in mandates, objectives and policy development, and volunteer interest. Minute Item #3, Page GNCR 4 — Motion for Approval: That Draft Recommendation No. 2 as contained in Mr. Dobbie's presentation respecting Recommendations from the Functional Review of Active Transportation - Related Committees and Initiatives, BE ACCEPTED AND SUPPORTED. Minute Item #4, Page GNCR 4 Motion for Approval: That Draft Recommendation No. 3 as contained in Mr. Dobbie's presentation respecting Recommendations from the Functional Review of Active Transportation - Related Committees and Initiatives, BE ACCEPTED AND SUPPORTED. Minute Item #5, Page GNCR 4 -- Motion for Approval: That Draft Recommendation No. 4 as contained in Mr. Dobbie's presentation respecting Recommendations from the Functional Review of Active Transportation - Related Committees and Initiatives, BE ACCEPTED AND SUPPORTED. Minute Item #6, Page GNCR 4 -- Motion for Approval: That the existing transportation committees continue to function with minimal staff resources; and That a Trails of Niagara Committee BE FORMED consisting of Regional Council participation and BE INCLUDED on the Region -Wide Active Transportation Coordinating Committee to the extent of two Councillors representing the (Active) Transportation Strategy Steering Committee, Regional Niagara Bicycling Committee and Greater Niagara. Circle Route. SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policies Policy 4.A.1 The Region supports the development of the Greater Niagara Circle Route, the Lake Ontario Waterfront Trail, the Trans Canada Trail, and the Welland Canals East Side Trail as shown on the map entitled "The Greater Niagara Circle Route and Related Trails ". Policy 4.A.2 The Greater Niagara Circle Route is intended to consist of: Policy 4.A.3 Policy 4.A.4 Policy 4.A.5 Policy 4.A.6 Policy 4.A.7 • A scenic drive; and • A recreational trail for use by hikers, cyclists, rollerbladers and others but excluding motorized vehicles except for motorized wheelchairs and other motorized invalid vehicles. The Lake Ontario Waterfront Trail will be a recreational trail for pedestrians, non - motorized vehicles, and motorized wheelchairs and other motorized invalid vehicles. The Trans Canada Trail will be a recreational trail for appropriate recreational uses as determined by the local municipalities in keeping with the framework developed by the Trans Canada Trail organization. An equestrian trail may be permitted alongside the paved section of that Trail in the Town of Fort Erie, the City of Port Colborne, and the Township of Wainfleet subject to the agreement of those local municipalities. The Region intends that a mixed use recreational trail known as the Welland Canals East Side Trail will be developed along the east side of the Welland Canal and will provide for a variety of activities including horseback riding, snowmobiling and off -road trail bike riding. Portions of the routes for the recreation trail component of the Greater Niagara Circle Route and the Trans Canada Trail through the City of Port Colborne have yet to be finalized. The Region will cooperate with the City of Port Colborne in determining the routes to be followed. Adjustments to these trail routes may be made by the City without Amendment to this Plan provided that the intent and purpose of this Plan are maintained. The Greater Niagara Circle Route, the Lake Ontario Waterfront Trail, the Trans Canada Trail, and the Welland Canals East Side Trail will be developed in phases in the following order: • The first priority will be the completion of the recreational trail component of the Greater Niagara Circle Route and the completion of the Welland Canals East Side Trail from Port Colborne to Thoroid South; • The second priority will be the completion of those portions of the Lake Ontario Waterfront Trail and the Trans Canada Trail 17 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policy 4.A.8 Policy 4.A.9 Policy 4.A.10 Policy 4.A.11 Policy 4.A.12 that are located outside the Greater Niagara Circle Route; and • The third priority will be the completion of the scenic drive component of the Greater Niagara Circle Route. The Greater Niagara Circle Route, the Welland Canals East Side Trail, the Lake Ontario Waterfront Trail and the Trans Canada Trail will be developed in cooperation with the local municipalities, other public and private agencies and private landowners. The Region will pursue the creation of the Welland Canals portion of the Greater Niagara Circle Route Scenic Drive as shown on the map entitled The Greater Niagara Circle Route and Related Trails'. Until this Scenic Drive is completed, the existing interirn Scenic Drive will be used for that purpose. The route identified for the Lake Ontario Waterfront Trail is interim. The Region will seek opportunities to realign sections of the Trail to bring it closer to Lake Ontario or to provide better views of the Lake and the shoreline. in doing so the Region will take into consideration: • The broad public interest in the development of a Trail that provides recreational opportunities for local residents and supports tourism development; • The rights of private property owners; and • The protection and enhancement of sensitive natural heritage areas, of agricultural areas and of local heritage character and features. Where development of lakefront land is proposed a strip of land along the shoreline above the stable top -of -bank should be dedicated by the landowner to a suitable public agency to form part of the Lake Ontario Waterfront Trail. Where Regional facilities exist or are to be developed in close proximity to the Lake Ontario shoreline appropriate Waterfront Trail facilities shall be included wherever feasible. The Region encourages the local municipalities to identify and protect the Greater Niagara Circle Route, the Lake Ontario Waterfront Trail and the Trans Canada Trail and the uncompleted portions of the Welland Canals Parkway system, including the Welland Canals East Side Trail, in their Official Plans, Zoning By- Laws and planning decisions. The Region will cooperate with the local municipalities and other relevant agencies in planning for recreational, commercial and tourism related uses along the Greater Niagara Circle Route, the 18 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policy 4.A.13 Policy 4.A.14 Policy 4.A.15 Policy 4.A.16 Policy 4.A.17 Lake Ontario Waterfront Trail and the Trans Canada Trail and in providing appropriate development opportunities at key nodes along them so that: • Development within the Urban Area Boundary maintains or enhances the visual qualities and character of these scenic drives and trails and protects or enhances significant natural and cultural heritage resources; and • Development conforms to the planning objectives and policies of the Region, the local municipalities, the Provincial government and the Niagara Escarpment Commission. The Region and the local municipalities may support in their Official Plans the development of appropriate staging areas, scenic lookouts and other complementary uses outside the Urban Area Boundaries along trails shown in the map entitled "The Greater Niagara Circle Route and Related Trails ", provided that such uses: Are small in scale; Are in keeping with the recreational character of the trails and are designed to complement them, Have minimal impact on the surrounding land uses; • Have no significant negative impacts on the natural environment or on cultural heritage resources; and • Will not require the extension of the municipal water supply or sanitary sewage services. The Region shall seek to secure appropriate public access where land that is owned by a public agency or a public utility is determined to be surplus to that agency's or utility's needs and has the potential to enhance the quality and attractiveness of the trails and scenic drives shown in the map entitled "The Greater Niagara Circle Route and Related Trails ". The Region will encourage and support the development of other recreational trails that are connected to and complement the Greater Niagara Circle Route, the Lake Ontario Waterfront Trails and the Trans Canada Trail. The Region will cooperate with the local municipalities and other appropriate public agencies in identifying and protecting the routes for such trails. The Region will support and promote a Wine Route and a Lake Erie North Shore Route as tourism - related recreational driving routes. The Region will request that the Niagara Economic and Tourism Corporation include the Trails and Driving Routes referred to in this Amendment in its promotional materials and activities. 19 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policy 4.A.18 Policy 4.A.19 The Region will coordinate an ongoing Committee to pursue the creation of the Greater Niagara Circle Route and the Welland Canals East Side Trail with appropriate representation from the Federal and Provincial governments; Public Works Canada; the Regional Municipality of Niagara; the Niagara Peninsula Conservation Authority; the municipalities of St. Catharines, Thorold, Welland, Wainfleet, Port Colborne, Fort Erie, Niagara Falls and Niagara -on -the -Lake; the Niagara Parks Commission; the Niagara Economic and Tourism Corporation; the St. Lawrence Seaway Management Corporation; the Niagara Escarpment Commission; and several members of the public. The above Committee, in association with the local municipalities, will: • Coordinate the development of the Greater Niagara Circle Route and the Welland Canals East Side Trail; • Coordinate a private fund- raising campaign to assist with the financing of the Greater Niagara Circle Route; • Support a construction program to build or upgrade the necessary sections of the route, with a work program and funding sequence identifying this route in the Region's capital works program; and • Emphasize the completion of the proposed Greater Niagara Circle Route as a Regional priority. 20 THE C't"° rA1lsO EAT • SHOP • EXPLORE. September 14th, 2012 ATTENTION: Karl Dren, Director Transportation Services Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 As you are aware, parking & traffic are major issues when dealing with visitors to the downtown area. The Downtown Board of Management is requesting your consideration of the following suggestions to help alleviate this issue in the downtown core. As you know the Downtown Niagara Falls BIA has been aggressively revitalizing and marketing the area in order to entice and retain businesses to our district. We have been fairly successful at accomplishing this mandate in spite of the fact that we still struggle for consistent pedestrian traffic. The BIA is currently on a upward swing with the re- openings of Druxy's & Paris Crepes and new tenants such as Lyndesnfarne Theater Project, Q Street Pizza, Cupolo's, Age of Aquarius tattoo and hopefully many more to come. Visitors and merchants are consistently upset with receiving parking tickets. It's both the frequency and the amount. While we appreciate that the city needs to make revenues from parking, however we believe by offering an incentive, patrons of the downtown will realize that the city is taking a proactive role in making downtown a parking friendly area. 1 hour free parking permanently on Queen Street & Valley Way gives individuals who frequently visit the downtown more than enough time to go about their business without receiving a ticket. With the introduction of the new WEGO transit system, the BIA would also kindly like to request that from May 1st — October 1st all Niagara Falls transit local buses only be moved from Queen Street onto Park Street. This will help to reduce the noise level and traffic congestion among buses on Queen Street & Valley Way. With continuous improvements of our downtown being made daily, we believe there is a need to address the lack of use of Huron Street. The three lanes are redundant and we believe one or more of those lanes should be converted into parking for the area. Thank you in advance for your consideration. Dave Govan Chair, Downtown Niagara Falls BIA Nemanja Kuntos General Manager, Downtown Niagara Falls BIA NK cc. Jim Diodati , Mayor Dean Iorfida, City Clerk Paul Brown, Parking Services Member of Niagara Falls Municipal Council Ken Todd, Chief Administrative Officer (10/17/2012) Dean lorfida - Request from Downtown BIA - Various Traffic Parkin and Transit items From: Karl Dren To: Iorfida, Dean CC: Carrick, Marzenna; Dave Stuart; Dren, Karl; Janet Berry; Paul Brown Date: 10/15/2012 2:09 PM Subject: Request from Downtown BIA - Various Traffic, Parking and Transit items Dean, This is further to the letter dated Sept. 14/12 from the Downtown BIA requesting the review of various items /issues related to traffic, parking and transit matters. Please be advised that my staff and I have been meeting with the Downtown regularly are in the process of reviewing and responding to these matters. I will report back on these matters by the November 27th Council meeting. I trust this is satisfactory. Thanks Karl Karl Dren, C.E.T. Director, Transportation Services The City of Niagara Falls - Transit Building 4320 Bridge Street Niagara Falls, Ontario, Canada L2E 2R7 Phone : 905 - 356 -7521, ext. 4509 Fax : 905 - 356 -5576 email: kdren @niagarafalls.ca website: www.niagarafalls.ca SLO +PITCH NATIONAL Sept 20, 2012 Jim Diodati, Mayor City of Niagara Falls 4310 Queen St Niagara Falls, ON L2 E 6X5 Dear Jim, I would like to take this opportunity to thank you for attending the 2012 Ontario Provincial Slo -Pitch Championships that we recently hosted over 4 weekends at Patrick Cummings Sportspark in Chippawa. I would like to begin by thanking all of the staff within the City of Niagara Falls for their support and hard work throughout the season and specifically during the 6 events that were hosted at the Arena. Kathy Moldenhauer and her team of people within the Parks and Recreation Department were outstanding in their efforts to ensure that our events were a success. While the parks and recreation department did a fantastic job, we were still forced to go outside of the city and obtain diamonds from surrounding communities due to the shortfall of current diamonds within Niagara Falls. As per our discussions we are in urgent need of additional fields that can be utilized by all divisions, including mens, in multiples of 2 or 4's, which accommodate the playoff formats that are required when hosting tournaments of this size. I would like to urge council to look at the conversion of the 2 utility fields currently at Patrick Cummings, in addition to other possible locations. We look forward to continuing our relationship with the City of Niagara Falls for many years to come. Respectfully, Bill Miller Regional Director, Ontario Slo -Pitch National cc. Kathy Moldenhauer, Niagara Falls Parks & Recreation G€� EASTON 0WORTH RC-111)- ' w De/MORIN / /Amino OurFoc�;YF Legal & Legislative Services The Honourable Deborah Matthews, Minister of Health and Long -Term Care 10th floor, Hepburn Block 80 Grosvenor Street Toronto, ON M7A 2C4 September 25, 2012 Sent via fax: 1 -416- 327 -3679 Honourable and Dear Madam: Re: Town of Fort Erie Urgent Care Centre and Support of New South Niagara Hospital The Municipal Council of the Town of Fort Erie at its meeting of September 25, 2012 passed the following resolution under New Business: WHEREAS Dr. Kevin Smith, NHS Supervisor has tabled his report with the Minister of Health and Long Term Care, The Honourable Deb Matthews, and further WHEREAS the Town of Fort Erie fully supports the proposed location of the new South Niagara Hospital in the area of Lyons Creek Road and the QEW, and further WHEREAS the Town of Fort Erie has worked as a willing partner with Dr. Smith and the NHS to develop a vision for health care that will service the residents of the Niagara Region and the Town of Fort Erie well into the future, and further WHEREAS Dr. Smith has changed his initial recommendation from one Urgent Care to two Urgent Care Centres for South Niagara as a result of the consultation interfaces between himself, the public and local municipal representatives; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie enact as follows. THAT: Staff be hereby directed to petition Dr. Smith, the NHS and the Minister of Health and Long Term Care to locate one of the two Urgent Care Centres in the Town of Fort Erie, and further THAT: Dr. Smith, the NHS and the Minister of Health and Long Term Care be informed that the Town of Fort Erie will be a willing and participating partner in the process required to bring about the changes described in Dr. Smith's report to ensure the highest level of health care is afforded the residents of the Niagara Region and the Town of Fort Erie. We thank you for your attention to this matter. 'very truly Carolyn J. Kett, M.C.T., Town Clerk ckett (afortene. on. ca CJK /dlk c.c. Dr. Kevin Smith, Supervisor, NHS Fax: 905 - 323 -3800 Mr. Paul Leon, Chair, NHS Fax: 905- 323 -3800 The Honourable Rob Nicholson, MP, Minister of Justice and Attorney General of Canada Fax: 1- 613 -992 -7910 Kim Craitor, MPP Fax: 416 - 212 -7155 Tim Hudak, MPP, Leader of the Official Opposition Fax: 416- 325 -0998 Niagara Area Municipalities VIA Regional Council The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive, Fort Erie. Ontario, Canada L2A 2S6 Office Hours: 8:30 a.m. to 5:00 p.m. Tel: (905) 871 -1600 Fax: (905) 871 -4022 Web -Site: www.forterie.on.ca October 5, 2012 CITY OF WELLAND City Clerk and Legal Services Office of the City Clerk Corporate Services 60 East Main Street, Welland, ON L3B 3X4 Phone: 905 -735 -1700 ext. 2159 Fax: 905 -732 -1919 E -mail: laura.bubanko @welland.ca www.wel land .ca Ministry of Health and Long -Term Care 10th Floor, Hepburn Block 80 Grosvenor Street Toronto, ON M7A 2C4 File No. 08-143 Attention: The Honourable Deb Matthews, Minister of Health and Long -Term Care for Ontario. Dear Ms Matthews: RE: September 25, 2012 — WELLAND CITY COUNCIL At its meeting of September 25, 2012 Welland City Council passed the following motion: "THAT THE COUNCIL OF THE CITY OF WELLAND directs the Health Care Committee to initiate the attached petition which, upon completion, will be delivered to the Minister of Health & Long Term Care and all members of the Legislative Assembly; and further THAT this petition be distributed to other Niagara municipalities requesting their endorsement of the petition and asks for their assistance in implementing the petition within their municipalities." If you have any questions please contact Frank Campion, Chair of the Health Care Committee at 905 -735 -1050 or Yours truly, Laura Bubanko Acting City Clerk End c - Councillor Campion, Chair, Health Care Committee - Cindy Forster. MPP, Unit 103, 60 King Street, Canal View. Weiland. Ontario L3B 6A4 VIA EMAIL: Ashley Grigg, Clerk, City of Port Colborne, 66 Charlotte Street, Port Colborne. ON L3K 3C8 - Carolyn Kett, Clerk, Town of Fort Erie, 1 Municipal Centre Drive, Fort Erie, ON L2A 2S6 - Tanya Lamb, Clerk, Township of Wainfleet, P.O. Box 40 Wainfleet, ON LOS 1 VO Nancy Bozzato, Town Clerk, Town of Pelham, P.O. Box 400, 20 Pelham Town Square, Fonthill, ON LOS 1 EO Dean lorfida, City Clerk, City of Niagara Falls, 4310 Queen Street. Niagara Falls, ON L2E 6X5 Hazel Soady - Easton, Town Clerk, Town of Grimsby. 160 Livingston Avenue, Grimsby, ON L3M 4G3 William J. Kolasa, Director of Corporate Services /Clerk, Town of Lincoln, 4800 South Service Road, Beamsville, ON, LOR 1B1 Holly Dowd, Town Clerk, Town of Niagara -on- the -Lake, 1593 Four Mile Creek Road, Virgil, ON LOS 1TO Bonnie Nistico -Dunk, City Clerk, City of St. Catharines, 50 Church Street, St. Catharines, ON L2R 7C2 Susan Daniels, City Clerk, City of Thorold, 3540 Schmon Parkway, Thorold, ON L2V 4A7 Carolyn Langley, Clerk, Township of West Lincoln, 318 Canborough Street, Smithville, ON LOR 2A0 PETITION TO The Legislative Assembly of Ontario: Re: Dr. Kevin Smith's Niagara Health System Report to the Minister of Health and Long Term Care proposed changes to the hospital services in South Niagara. Whereas the residents of South Niagara will not have equal, fair, safe and timely access to in- patient Gynaecological, Obstetrical and Paediatric Services due to distance, and Whereas excessive travel times and lack of public transportation for residents in South Niagara will put patient safety at risk, and Whereas if implemented, Dr. Smith's recommendations and the proposed location of a new south Niagara hospital in Niagara Falls is approved, a two tier health system in Niagara will be created, where north Niagara will be over serviced and south Niagara will be under serviced in relation to the safe and timely access to health and hospital care, and Whereas if Hospital Services including in- patient Gynaecological and Mental Health, and all Obstetrical and Paediatric Services from the Welland Hospital Site and the Greater Niagara Hospital site will be re located to the new north Niagara St. Catharines site in 2013 it will undermine the continued viability of these two sites as full service hospital sites. WE the undersigned petition the Legislative Assembly of Ontario as follows: We request the Legislative Assembly of Ontario to maintain existing services at the Welland Hospital site and the Niagara Falls Hospital site and that no services are to be moved until this new South Niagara Hospital is open and request that any approval for a new Niagara South Hospital include a site that is centrally located in Welland. NAME (please print) ADDRESS (please print) SIGNATURE igetlax0 October 5, 2012 CITY OF WELLAND City Clerk and Legal Services Office of the City Clerk Corporate Services 60 East Main Street, Welland, ON L3B 3X4 Phone: 905- 735 -1700 ext. 2159 Fax: 905 -732 -1919 E -mail: laura.bubanko @welland.ca www.wel land.ca Ministry of Health and Long -Term Care 10U' Floor, Hepburn Block 80 Grosvenor Street Toronto, ON M7A 2C4 File No. 08-143 Attention: The Honourable Deb Matthews, Minister of Health and Long -Term Care for Ontario, Dear Ms. Matthews: RE: September 25, 2012 — WELLAND CITY COUNCIL At its meeting of September 25, 2012 Welland City Council passed the following motion, "THAT THE COUNCIL OF THE CITY OF WELLAND directs the Health Care Committee to initiate the attached petition which, upon completion, will be delivered to the Minister of Health & Long Term Care and all members of the Legislative Assembly; and further THAT this petition be distributed to other Niagara municipalities requesting their endorsement of the petition and asks for their assistance in implementing the petition within their municipalities." If you have any questions please contact Frank Campion, Chair of the Health Care Committee at 905 - 735 -1050 or *- w ,, _:a. Yours truly, Laura Bubanko Acting City Clerk Encl. c - Councillor Campion, Chair, Health Care Committee - Cindy Forster. MPP. Unit 103, 60 King Street, Canal View, Welland. Ontario L3B 6A4 VIA EMAIL: - Ashley Grigg, Clerk, City of Port Colborne, 66 Charlotte Street, Port Colborne, ON L3K 3C8 - Carolyn Kett, Clerk, Town of Fort Erie, 1 Municipal Centre Drive, Fort Erie, ON L2A 2S6 - Tanya Lamb, Clerk, Township of Wainfleet, P.O. Box 40 Wainfleet, ON LOS 1 VO - Nancy Bozzato, Town Clerk, Town of Pelham, P.O. Box 400, 20 Pelham Town Square, Fonthill, ON LOS 1 EO - Dean Iorfida, City Clerk, City of Niagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 - Hazel Soady - Easton, Town Clerk, Town of Grimsby, 160 Livingston Avenue, Grimsby, ON L3M 4G3 - William J. Kolasa, Director of Corporate Services /Clerk, Town of Lincoln, 4800 South Service Road, Beamsville, ON, LOR 1B1 - Holly Dowd, Town Clerk, Town of Niagara -on- the -Lake, 1593 Four Mile Creek Road, Virgil, ON LOS 1TO - Bonnie Nistico -Dunk, City Clerk, City of St. Catharines, 50 Church Street, St. Catharines, ON L2R 7C2 - Susan Daniels. City Clerk, City of Thorold, 3540 Schmon Parkway, Thoroid, ON L2V 4A7 - Carolyn Langley, Clerk, Township of West Lincoln, 318 Canborough Street, Smithville, ON LOR 2A0 PETITION TO The Legislative Assembly of Ontario: Re: Dr. Kevin Smith's Niagara Health System Report to the Minister of Health and Long Term Care proposed changes to the hospital services in South Niagara. Whereas the residents of South Niagara will not have equal, fair, safe and timely access to in- patient Gynaecological, Obstetrical and Paediatric Services due to distance, and Whereas excessive travel times and lack of public transportation for residents in South Niagara will put patient safety at risk, and Whereas if implemented, Dr. Smith's recommendations and the proposed location of a new south Niagara hospital in Niagara Falls is approved, a two tier health system in Niagara will be created, where north Niagara will be over serviced and south Niagara will be under serviced in relation to the safe and timely access to health and hospital care, and Whereas if Hospital Services including in- patient Gynaecological and Mental Health, and all Obstetrical and Paediatric Services from the Welland Hospital Site and the Greater Niagara Hospital site will be re located to the new north Niagara St. Catharines site in 2013 it will undermine the continued viability of these two sites as full service hospital sites. WE the undersigned petition the Legislative Assembly of Ontario as follows: We request the Legislative Assembly of Ontario to maintain existing services at the Welland Hospital site and the Niagara Falls Hospital site and that no services are to be moved until this new South Niagara Hospital is open and request that any approval for a new Niagara South Hospital include a site that is centrally located in Welland. NAME (please print) ADDRESS (please print) SIGNATURE PETITION INSTRUCTIONS • Please use the prescribed form (Blank pages without the full petition wording are not valid) • Anyone who resides in Ontario may sign the petition regardless of age • Please return any completed petition pages to Civic Square no later than November 12, 2012 THANK YOU Niagaraf1alis Recreation & Culture 7150 Montrose Road, Unit #1 Niagara Falls, ON L2H 3N3 905 - 356 -7521 Ext. 3340 rmcdonald @niagarafalls.ca www.niagarafalls.ca Turf Field Permit Printed: 05 Sep 2012, 08:36 AM User rm330 Contract #: Date: 5091 05 Sep 2012 User: rm330 Status: Tentative Recreation & Culture, hereby grants Saint Michael High School (hereinafter called the "Licensee ") represented by Brian Carter, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of Use Youth Football High School Football ii) Conditions of Use iii) Date(s) and Time(s) of Use # of Bookings: 1 Starting: Fri 19 Oct 12 07:00 PM Expected: 0 Ending: Fri 19 Oct 12 09:00 PM Facility/Equipment Day Start Date Start Time End Date Girls Home for Soccer - Soccer Fri 19 Oct 2012 07:00 PM 19 Oct 2012 Pitch #6 - Artificial Turf iv) Additional Fees Extra Fee - Bookings Hours Quantity Field Lighting - 2 hrs 2:00 1 v) Payment Method Rental Fees $144.20 vi) Other Information Prompt Attendance Extended Hours Insurance Portable Bleachers Portable Washrooms Extra Fees Tax $25.75 $22.10 2:00 1 Rental Total $192.05 End Time Fee XFee Tax 09:00 PM $144.20 $25.75 $22.10 Charge Tax $25 75 $3 35 Damage Deposit $0.00 Rental charges are due according to the following schedule: Date Friday, Oct 19,2012 Answer No Yes No No vii) Additional Notes Soccer Pitch #6 - Artificial Turf - Girls Home for Soccer Amount $192.05 $2575 $3.35 Total Applied Balance $0.00 $192.05 Terms and Conditions Terms and Conditions - Turf Field Permit City of Niagara Falls The following conditions are acknowledged and agreed to by the permit holder: Total $192 05 Total $29.10 $29 10 Current $0 00 Page: 1 (10/17/2012) Dean lorfida - FW: Nick Roma Fundraiser From: To: Date: Subject: Attachments: Hi Dean. "Pietrangelo, Victor" <victor.pietrangelo @ncdsb.com> "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> 10/16/2012 1:53 PM FW: Nick Roma Fundraiser Saint Michael vs St. Paul oct 19th.pdf I was wondering if you could add this to Council's agenda for Tuesday. Saint Michael is playing Saint Paul this Friday night in football. Generally, all the gate proceeds (after the cost of the field) are split between the two teams. This year however, both schools are going to donate all the money that is taken in from gate receipts to the Nick Roma foundation (if you're unaware of Nick's situation please let me know and I can provide some background). In light of the fact that all gate receipts are going to be donated, they have asked that the waiving of the cost to rent the turf be considered by Council. If you feel it would be more appropriate for the person 'in charge' to make the request to you, please let me know and I'll have him e -mail you directly instead of going through me. Thanks Dean. Vic From: Carter, Brian Sent: Monday, October 15, 2012 10:37 AM To: Pietrangelo, Victor Subject: Please consider the environment before printing this email. This email, including any attachments, is the property of the Niagara Catholic District School Board. This information is intended only for the use of the individual to whom, or entity to which, it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this transmission in error, please notify the sender immediately and then permanently delete this message. SNOIlf11OS32I (10/17/2012) Dean lorfida - Re: 4:00 AM liquor license From: Jim Diodati To: david @experiencediamond.com CC: Serge Felicetti, PRayos @experiencediamond.com, Dean lorfida, Ken Todd Date: 10/12/2012 1:33 PM Subject: Re: 4:00 AM liquor license Hey Dave, I've cc'd Dean lorfida here to get input on how best to do this. My thoughts are that we need a motion of Council, but let's get his feedback. Talk soon, Jim Original Message From: David Diamond <david @experiencediamond.com> To: Jim Diodati <jdiodati @niagarafalls.ca> Cc: Serge Felicetti <sfelicetti @niagarafalls.ca> Cc: Philip Rayos <PRayos @experiencediamond.com> Sent: 10/12/2012 1:21:09 PM Subject: 4:00 AM liquor license Mr. Mayor, How are you my friend. It's been a long while. I trust all is well with you, Yvonne and the family. Serge has been a tremendous help on everything Crashed Ice and in between. I'm sure that's no surprise but certainly want to acknowledge all of his efforts. I'm wondering what your thoughts are in regards to the city and Red Bull putting forward a special event application to the province to extend the liquor license till 4:00 AM during Red Bull Crashed Ice Weekend. This is common practice in Toronto as events like TIFF, Music Festivals like North By North East, Art festivals like Nuit Blanche etc. allow special privileges for licensed establishments to serve until 4:00 AM. The bars love it and I have no doubt the proprietors in Niagara Falls will feel the same way. My team will happily play point on this task and lead the initiative on behalf of the city however we do require a letter of Municipal Designation which 1 believe would come from you or your office. We would then need to notify the bars as they are assessed individually for eligibility and their signatures need to be included as part of the application. It's not a city wide thing, it's a bar by bar thing however the city needs to endorse it. Let me know your thoughts, Thanks, DD David Diamond p. 416.479.3973 c. 416.399.6130 f. 416.479.0833 e. David @experiencediamond.com <mailto :David @experiencediamond.com> Diamond Integrated Marketing 345 Adelaide Street West, Suite 400, Toronto ON, M5V 1 R5 Page 1 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Red Bull Crashed Ice, an ice cross downhill event will take place in Niagara Falls on December 1, 2012; and WHEREAS more than 100,000 spectators are anticipated to attend the outdoor event; and WHEREAS this event is the type of blockbuster events marketing approach promoted by the Province; and WHEREAS the event organizers are interested in extending the liquor licence hours, for interested licence holders, in the tourist core, to 4:00 a.m. for November 30 and December 1, 2012. WHEREAS to obtain an extension of hours permit from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Red Bull Crashed Ice event to be an event of municipal significance and supports the provision of extended liquor licence hours for participating licence holders on November 30 and December 1, 2012. 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 Red Bull Crashed Ice, an ice cross downhill event will take place in Niagara Falls on December 1, 2012; and WHEREAS more than 100,000 spectators are anticipated to attend the outdoor event; and WHEREAS this event is the type of blockbuster events marketing approach promoted by the Province; and WHEREAS there will be a variety of associated events throughout the weekend in the tourist core; and WHEREAS the Victoria Centre Business Improvement Area (BIA) will holding a free outdoor concert on November 30, 2012; and WHEREAS for the organizer, Diamond Integrated Marketing, to obtain Special Occasion Liquor Licence Permit (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the outdoor concert in the Victoria Centre BIA, on Red Bull Crashed ice weekend, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Tuesday, October 16, 2012 DIAMOND Integrated Marketing Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 To Dean lorfida, City Clerk Please note, Diamond Integrated Marketing is working with the Victoria Centre BIA (Clifton Hill District) and Red Bull Canada to plan and execute a free, outdoor concert /event on Friday, November 30th, 2012 on Victoria Avenue (between Clifton Hill and approximately 5930 Victoria Avenue) — in conjunction with the Red Bull Crashed Ice event taking place November 30th & December 1st in Niagara Falls. The event will run from 6:00 PM to 12:00 AM. This is a free public event that will have 1 controlled entrance point and 4 exit points (entire event space or zone will be fenced in from curb to curb) with the entertainment stage on Victoria Avenue, closer to Clifton Hill. A Public Event (Sale) Special Occasion Permit (SOP) has been applied for in the event that an alcohol or beer - sponsor wishes to participate in this free event. The event will be publically advertised. The hours which they will be serving is from 6:00 PM — 11:30 PM. The zone will be barricaded from public access to control food or drink entering or exiting the event zone and will have 2 security guards stationed at the entrance and 1 security guard and 1 uniformed Police officer at the event's exit points. The event space will also have 2 to 3 security guards and at least 1 uniformed Police officer roaming the event from 6 PM to 12 AM. Additionally, there will also be 2 EMS members on -site from 6 PM to 12 AM. A map of the planned event area is included in this package for your better understanding of the monitored Event Space. Sincerely, P 1ti Philip Rayos Account Supervisor Diamond Integrated Marketing 4_; t MF s ay 1" _ a C(iFTON HI(! DISlRiCT FRIDAY NIGHT H2PTY �`, „ `°..,,,' k �" tie ' LEGEND fie." ry e . 'z: 10'x10' Event Tent `S' ��0 Portable washroom r ' Bus location y + • option "1 � Exit ,> 4s'. x4 1�^ ,�jp' 1 M t9 yrs '- S.y "x^ S .ti's x� * .A { *s" Victoria St. between Magdalen St. and Clifton Hill .. a x L 4 Al uding island at Gllftan Hill intorsect�on 2220 sq ni 23895 s� ft �€ " -, .: - „> , . �, x Area mcluduig island at Ch1 on Hill intersection 230 s� m 24760 sq tt ” °' t ' s N y. Z e �� y "* „- 8 / 0. 4 n � W�" y „ rf4 Bus location " ` option #2 x �' erg `. .0".' 2Pr . .� _ 3° 3 „ , '...,'3'3::,2'2'.../.., ai '" My " ' ' . ' ' 4. . ' >*4'‘ ' r 1/100, { ..;ry,�, .r � ?a %�o.d 'err: �' " 41 **- � `i- F + g mss, 4001, ..t, .,,,,„,,t,,.,..:‘,;., "cw �, 5- a . .r;, 4111°* 414 'tea'+ a#' � ask' illit .3Wit } :M { i 4---:rt X1 111 11 0 cn NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: BS- 2012 -04 October 23, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Building Services BS- 2012 -04 Partial Roof Repairs Municipal Service Centre - 3200 Stanley Avenue RECOMMENDATION 1) The contract be rewarded to Sibbald Roofing Ltd. at the quotation price submitted of $117,520.00. 2) That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Earlier this year a Building Condition Report was prepared for the Municipal Service Centre at 3200 Stanley Avenue. The report identified a number of structural and cosmetic improvements that needed to be addressed over the next 10 years. Some of these deficiencies are being addressed using internal staff resources. The more specialized repairs are being tendered to outside contractors. This purpose of this report is to seek approval for the needed repairs to the Service Centre roof and to authorize a contract agreement with the firm having the lowest qualified bid. BACKGROUND The Municipal Service Centre was constructed in 1960 and has undergone modest renovations in the early 1990's. In January of this year, ACA Engineering Services conducted an inspection and prepared a Building Condition Report which listed a number of deficiencies that will require attention within the near future (see Attachment 1). One of the more urgent matters involves the repair of the flat roof that has been leaking in a couple of areas. Funding in the amount of $55,000 was included in the 2012 Capital Budget to address this issue. There have also been a number of Health and Safety issues raised by employees working in this area related to heat. Staff has expanded the scope of the project to address these concerns, improve the working conditions and to better manage energy consumption, particularly during extreme weather. The change in scope of this project has significantly increased requiring Council's authorization to allocate additional funding by deferring other improvements scheduled for completion this year at the Municipal Service Centre. October 23, 2012 ANALYSIS /RATIONALE - 2 - BS- 2012 -04 The lowest quotation was received from Sibbald Roofing Ltd. In the amount of $117,520.00. Staff is of the opinion that this roofing contractor is capable of successfully undertaking this project. The Summary of Quotations is provided for your reference (see Attachment 2). As a result of the extended two -ply roof membrane system a few areas of improvement will not take place in 2012. These items are interior wall painting, replacement of a few exterior doors, new plumbing fixtures in staff bathrooms and locker room, exterior and interior lighting improvements and interior window replacement. Where possible staff will complete these improvements in -house as resources become available. It will be necessary to include additional funding in the 2013 Capital Budget to address any outstanding issues. FINANCIAL /STAFFING /LEGAL IMPLICATIONS In the 2012 capital budget $55,000 was approved for the roof improvements. However, as indicated earlier, the review of the project identified that additional work is required. As a result, the project tender of $117,520 exceeds the approved 2012 budget amount and additional funding is necessary to proceed with the project. Staff believes that this project is a priority and must be completed this year. The project requires additional funding of $62,520. To facilitate this funding requirement staff recommends that the required amount be re- allocated from another approved capital project for the Service Centre. The project was approved in the capital budget for $75,500 and to date has not been started. The scope of work in this project consists of a series of improvements to the building which in staff's view are not as high a priority as the roof project. The residual amount of $12,750 will be used as a contingency for the project and any used amount will be carried forward to the 2013 budget. CITY'S STRATEGIC COMMITMENT This is in compliance with the City's Strategic Priority to improve its Organizational Efficiency and Effectiveness. LIST OF ATTACHMENTS ► Appendix 1 - Building Condition Report ► Appendix 2 - Summary of Quotations submitted Recommended by: Approved by: armen Mig elli, Acting Chief Building Official Alen Herlovitch, Director of Planning, Building & Development Respectfully submitted: CM en Todd, Chief Administrative Officer APPENDIX 1 BUILDING CONDITION REPORT FOR CITY OF NIAGARA FALLS MUNICIPAL SERVICE CENTRE 3200 STANLEY AVENUE NIAGARA FALLS, ON Prepared by: ACA Engineering Services 4600 Montrose Rd. Niagara Falls, ON L2H 1K3 Date: February 29, 2012 ACA ENGINEERING SERVICES February 29, 2012 The City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Carmen Mignelli, Acting Supervisor of Building Maintenance Division of Community Services Department Re: Municipal Service Centre Buildings 3200 Stanley Avenue Niagara Falls, ON Dear Mr. Mignelli: At your request, we visited the above buildings on January 31, 2012 to inspect the overall architectural and structural conditions and briefly comment on any mechanical or electrical equipment. Staff allowed us access to most areas within the buildings. The following are our observations: OBSERVATIONS The main building was built in approximately the 1960's and underwent several renovations in 1990 or 1991, according to documents observed on the premises. The front offices are located in a one storey structure and the rear service garage and offices are located in a two storey high pre- engineered, steel framed, peaked building. The offices are clad with brick, stone, metal siding and glass and have a flat roof. The rear structure is clad with masonry at the base and insulated metal siding above. There is no basement under the superstructures. Additional buildings at the rear of the property house truck wash bays, the Transit Department offices and storage, Stores storage, Water and Wastewater storage, sidewalk snowplow storage, City float storage and the Tree Maintenance crews. INTERIOR OF MAIN BUILDING FIRST FLOOR An inspection of most of the office rooms indicated the following: Page 2 Carpeting is worn in many of the offices. Several rooms are in need of a new coat of paint. Linoleum tiles in several of the offices are worn. Ceiling ducts are very dirty in most locations. Many acoustic ceiling tiles have stains on them indicating that there have been roofing leaks in the past. The men's and women's washrooms located in the main south hallway have stained linoleum flooring. The ceiling exhaust fans are quite dirty. A water fountain in the hallway is out of service for unknown reasons. The kitchen cupboards are quite dated and dirty. The Large lunch room located at the north end of the two storey building has several cracked and heaving linoleum floor tiles. The north man door is severely deteriorated at the base of the frame and daylight is visible at the bottom. Some floor tiles are cracked at the doorway. Ceiling ductwork is quite dirty. Walls are damaged on the west wall near the north door. Walls are very dirty above the north wall mounted radiant heaters. The furniture is quite old and some chairs are from the 1960's. A new kitchen area including cupboards, a refrigerator and a microwave has been installed recently. First floor offices located nearest the service garage have sliding glass windows that have gaps in them which could allow vapours to seep in. The windows are equipped with fire shutters and fusible links on the garage side but the gaps are not appropriate. A hallway near the streets supervisor offices has peeling wallpaper near the ceiling. The men's locker room has worn paint on the concrete floor. Paint on the OWSJ and metal deck is peeling in numerous areas. Washroom terrazzo flooring is quite stained. The shower is not functioning and ceiling tiles above it have been removed. Wash basins are of a style that was popular in the 1960's. They are still in working order. The service garage is an exposed pre- engineered steel structure with a sloping roof. There are minor concrete floor cracks in several areas. The pit area has had repairs performed over time and exhibits some cracks and deterioration around the steel frame at the perimeter. The south foyer located to the east of the shift foreman's office has several stained acoustic ceiling tiles. The Stores area has a hole completely through the south masonry wall at the base near the man door. There has been a paint spill on the floor in the rear rooms. Ductwork at the rear is quite dirty. Page 3 The Welding shop or road sweeper room has an overhead door with rust on the bottom panel on the interior. The Wood shop is in fairly good condition but the lunch room area has an air conditioner located within an interior door. A condensate pan and line should be run to a drain. A similar condition occurs in the Service Garage Lunch /Manuals /Parts Room. SECOND FLOOR The water department offices have similar ceiling tile stains as exhibited on the first floor. There are also some broken ceiling tiles. The Stores second floor mezzanines are in good condition but the wood guardrail does not have a mid rail. A steel jib crane in the Water Department area is in good condition. The concrete and steel floor structure is also in good condition. The mechanical room contains some very old equipment. A large amount of file material is stored on the floor. The main phone and computer switch equipment is located on the exterior wall of the room. There is a loose guard on one of the pieces of equipment and a loose panel on the end of another piece of equipment. An emergency exit hatch in the floor of the mechanical room has a light and an exit sign near it but it doesn't have a proper exit sign and lighting that would stay on during a fire alarm. EXTERIOR The transoms located above the window on the south wall at the south -west corner are faded and discoloured. Almost all of the windows in the offices are lacking seals to prevent air infiltration. Almost all personnel have complaints about this. Low lean -to roof areas have deteriorated asphalt shingles. Some canopies at the exterior man doors are constructed of light steel angle frames and metal panels or plywood. Several are in need of repair or replacement. A door on the north elevation at a lean -to structure has a louvre missing near the bottom. Exterior paint is peeling in several areas that have wood or masonry walls. Page 4 There is general masonry degradation at the base of the walls along the south side of the building. An antenna pole on the east side of the building appears to have been damaged and temporarily repaired with a steel pipe. REAR BUILDINGS TRUCK WASH This building was constructed in approximately 1990 or 1991. It is a steel structure with masonry infill at the base and metal siding with a liner above. The roof is metal clad. In general the building is in quite good condition. There are some minor cracks in the masonry on the north wall at a steel column. The floor trench and the oil interceptor appear to be in working order. Some minimal damage has occurred at the east overhead door jambs. The interior masonry and metal liner are quite dirty but in good shape. TRANSIT OFFICES A masonry addition was constructed to the north of the truck wash building. It houses offices, a washroom and storage material. There is minor ceiling damage in this building. The washroom does not have a ceiling exhaust fan. A duct in the ceiling is missing a grill. STREETS PARTS STORAGE The building is a steel structure with masonry infill and a metal roof. From the interior, the roof appears to be in good shape. However, when viewed from the exterior, the metal roofing is quite rusted. The eave vents allow snow to enter the building. Masonry on the west wall has several areas where the mortar is failing within the joints. SIDEWALK PLOW PARTS STORAGE In general, the building is similar to the above structure as they are attached. TREE CREW DEPARTMENT This portion of the building is the same as above with the following exceptions. The concrete floor is quite deteriorated. An OSB ceiling was installed at some point in time and the joints covered with drywall mud. Some of the joint mud is falling down and some is non- existent. The reason for the joint coatings is not clear. A large heater in the south -east corner of the room is not functioning but still occupying space. There is radiant heater on the ceiling that is providing the heat now. Page 5 A wood platform has been built in the north -east quadrant of the space. It is supported off the exterior masonry wall with a wood ledger and at the opposite end by a double angle that braces the roof steel trusses. Plywood sheathing is placed over 2x4 joists spaced at 16" o.c. The double angles are not meant to support vertical loads and they were presumably not designed to support a storage platform. Two steel columns also appear to have been burned off just below the bottom of the roof trusses and the foundations removed. We are not quite sure when this was performed but the building does not appear to have been reinforced properly for this type of alteration. We question the structural safety of this portion of the building. It may be said that the roof has supported itself even with the columns removed but this does mean that this is appropriate. The electrical boxes in the south -east corner of the room have material in front of them which should be moved. SEWER, WASTEWATER, SIDEWALK PLOW STORAGE, GENERAL STORAGE, FLOAT STORAGE BUILDING These areas are housed in a pre- engineered steel building that has several steel structures added to it. In general, the steel frame, interior masonry walls, precast concrete second floors, doors and concrete slabs are in good condition. A second floor mezzanine has a steel guardrail that has some local damage to the toe plate and rails. The bay beside the float storage area has drywall damage on both sides of the north wall. Some minor damage is visible near the base of the overhead door at the exterior. The electrical breaker box and shut off has material located in front of them which should be moved. TIMBER STORAGE GARAGE This building is located to the north of the main lunch room and has suffered deterioration over the years. Wall OSB has been replaced at the base and one section has been removed and covered with a tarp. The roof shingles are severely deteriorated. CONCLUSIONS The main building is generally in fair condition for its age. However, there are several items that require attention. Page 6 In our opinion, the majority of the front office windows should be replaced. Some of the mechanical equipment in the second floor mechanical room should be removed and replaced with more efficient units. The ductwork should be cleaned in the entire facility. Working showers should be provided for the staff. It is generally unacceptable to have an unworkable shower in a facility such as this. Masonry damage in several of the locations mentioned above should be repaired. Any low roofs with deteriorated shingles should have the shingles removed and replaced. Damage to the truck wash bay overhead door jamb should be repaired to ensure a proper seal of the door. The storage platform in the Tress Department should be removed and the roof system reviewed for structural adequacy due to the removal of two steel columns. Storage building mezzanine steel handrails and toe plates should be repaired. The timber placed under the bottom of the steel access stairs should be removed and replaced with steel connections. The drywall damage in the Float Storage building should be repaired and the spray foam insulation that is around the radiant heater vent pipe should be removed to prevent a fire hazard. A grill should be added to the ceiling duct in the Traffic Department. We trust the above report has addressed the important items required by City staff to enable them to determine the 10 year forecast for the building. If you have any additional questions feel free to contact us. Yours truly, ACA Engineering Services A (424 ntonio, P.Eng C:'ACA PROJECT FILESVCITY OF NF\SERVICE CENTRE REPORT 22912 PHOTOGRAPHS Fig. 1 - Partial west elevation at offices Fig. 3 - Partial north elevation at offices Fig. 5 - South -west office corner window Page 7 Fig. 2 - Partial west elevation at offices Fig. 4 - Partial south elevation at offices Fig. 6 - South service bay masonry deterioration Page 8 Fig. 7 -South ext. wall masonry hole at Stores Fig. 8 - South exterior wall masonry deterioration Fig. 9 - South -east exterior corner Fig. 10 - East exterior antenna pole damaged Fig. 11 -East exterior canopies missing Fig. 12 - East lean -to roof shingle deterioration Page 9 Y " Fig. 13 -North -east corner blocked doorway Fig. 14 - North exterior lean -to door louvre missing to .a �sxA u Fig. 15 - Lean -to asphalt shingle deterioration Fig. 16 - South entrance foyer ceiling tile stains Fig. 17 - Shift foreman room dirty blinds & glass Fig. 18 - Shift foreman room glass seals failing Page 10 Fig. 19 - Reception west wall stud read through Fig. 20 - Main hallway south washroom floor stains Fig. 21 - Main hallway ceiling tile stains Fig. 22 - Main hallway ceiling tile stains Fig. 23 - Main hallway north wash. ceiling fan Fig. 24 - Main hallway north washroom wall /floor Page 11 Fig. 25 - Main hallway ceiling tile stains Fig. 26 - Main hallway dirty duct vent Fig. 27 - Main lunchroom floor tile cracking /heaving Fig. 28 - Main lunchroom north door deterioration Fig. 29 -Main lunchroom north wall dirt above rads Fig. 30 - Main lunchroom floor damage Page 12 Fig. 31 - Office 43 sliding glass window to service garage Fig. 32 - Streets office hallway peeling wallpaper Fig. 33 - Men's locker room ladder /hatch to mech. room Fig. 34 - Men's locker room floor paint peeling Fig. 35 -Men's locker room roof OWSJ /deck paint peeling Fig. 36 - Main water pipe closet with white wrap that may be asbestos Page 13 Fi 37 - Men's locker room floor stains near urinals Fi_ 38 - Service _ara e it deterioration Fig. 39 - Service garage gantry crane Fig. 40 - General view of service garage Fig. 41 -2nd floor Water Dept. closet stained ceiling tiles Fig. 42 - 2nd floor Water hallway floor deterioration Page 14 Fig. 44 - 2nd floor Water ceiling tile stains Fig. 45 - Stores exterior wall masonry hole /damage Fig. 46 - Stores rear area paint spill on floor Fig. 47 - Stores rear ductwork dirty grill Fig. 48 - Water mezzanine guard missing mid -rail Fig. 49 - Service garage roof insulation repairs Page 15 Fig. 50 - Service garage hallway door with daylight visible Fig. 51 - Mechanical room secondary exit hatch Fig. 52 - Mechanical room phone /computer equipment Fig. 53 - Mechanical room newer hot water tank Fig. 54 - Loose guard on mechanical equipment Fig 55 - Older equipment in mechanical room Page 16 Fig. 56 - Loose side panel on equipment in mech. room Fig. 57 - Sweeper room overhead door rust Fig. 58 - Sweeper room mezzanine floor loading sign Fig. 59 - Carpentry shop mezzanine floor loading sign Fig. 60 - Carpentry shop air conditioner unit in door Fig. 61 - Service garage manual room air conditioner in door Page 17 Fig. 62 - Service garage windows w /fire shutters Fig. 63 - Locker room showers not in working condition Fig. 64 - Locker room shower ceiling tile missing Fig. 65 — Truck wash bay east elevation Fig. 66 — Truck wash & Traffic office west elev. Fig. 67 — Traffic office north elevation Page 18 Fig. 68 — Truck wash building south elevation Fig. 69 — Truck wash bay tank cover Fig. 70 — Truck wash bay interior view Fig. 71 — Truck wash bay minor masonry damage at steel column on interior Fig. 72 — Truck wash bay east jamb damage Fig. 73 — Storage bldg. partial west elevation Page 19 Fig. 74 — Water /Wastewater Dept. building Fig. 75 — Stores storage building west elevation Fig. 76 — Storage building west elevation Fig. 77 — Storage building roof structure Fig. 78 - Trees department redundant heater Fig. 79 — Trees dept. wood storage platform Page 20 Fig. 80 — Trees department concrete floor Fig. 81 — Trees dept. steel column removed Fig. 82 — Trees dept. slab at column removal Fig. 82 — Water dept. building interior view Fig. 83 — Water dept. building interior view Fig. 84 — Storage mezzanine toe plate damage Page 21 Fig. 85 — Storage mezzanine railing damage Fig. 86 — Storage mezz. steel stair base on timber Fig. 87 — Storage bays interior view Fig. 88 — Storage bays interior view Fig. 89 — Float storage bay wall damage Fig. 90 — Float storage bay wall damage Page 22 Fig. 91 — Float storage bay interior roof view Fig. 92 — Radiant heater duct at spray foam Fig. 93 — Storage bay electrical panel area Fig. 94 — Storage bay door jamb deterioration Fig. 95 — Traffic office dirty duct vent Fig. 96 — Traffic office duct missing grill Page 23 Fig. 97 — Traffic office ceiling damage Fig. 98 — Storage shed south wall repairs Fig. 99 — Storage shed asphalt shingle damage Fig. 100 — Storage shed north wall missing Fig. 101 — Storage shed east elevation I 7n9z 0 0 0 EA N N 0 0 0 O try N 0 N O O O EA O (NI O N O O O to p) O N O O O to co O N $0.00 10 r, V N o O O EA 100'000'00n 0 o O in 0 N EA O O N 0 0 O O to N 0 0 O o O cNi 11') r O N O 0 O o O 1. r- 69 1 $10,000.001 2014 O O O O O U7 EA 1 $10,000.00 1 $10,000.00 0 O O O O O E9 0 O O O EA 100.000'03 $145,000.001 2013 O O O Lf 69 O 6 O O $5,000.00 O O O O EA $30,000.00 $10,000.00 0 O O O EA $20,000.00 O O O O �E) � _2012_ 0 O O O 0 O N V3 0 0 O O 0 1 i 64 I$1,500.00 $2,500.00 0 0 O O VP) EA 0 0 0 0 O 6 O O LE) LC) 69 � 0 0 O O 0 N EA 0 0 O O 0 M A EA 0 0 O O 0 O 0 0 O O 0 O ` EA 0 0 O O l0 h EA EA 0 0 O 0 0 ,n 0 0 O 0 0 [) EA 0 0 O 0 LO te 0 0 O 0 In N EA 0 0 O 0 4 U) 4 64, r=xrenor iviasonry • rarivng Lot Hspnait Landscaping /Fencing Root (Front Offices) Windows (Exterior) Windows (hop +Office) Exterior Doors Interior Doors interior Walls Ceilings (A.C.T. + T -bars) Floors (Lin. Tile & Carpet) HVAC (Balancing) Plumbing Plumbing Fixtures ( ) Shower 2 X ' 1 p). J c U c• U O LL ciectricai (txt. ugnting) Alarm Systems Yv E i O U�m� G SOW C 0 C O o OO m m v m ) _ X inC �': c N L U ". 7 csarrier rreeIHCcess + W.K. Gas Tank Replacement Vehicle Garage Pit Repairs Root Shingles Tree Dept. platform removal Tree Dept. new columns Steel guardrail repairs Totals APPENDIX 2 City of Niagara Falls RFQ68 -20 1 2 Partial Roof Replacement Municipal Service Centre Summary of Quotations Submitted Companies Listed Alphabetically Company Total Price Including H.S.T. A.M. Roofing Systems Inc. 260 Burlington St. East, Hamilton, ON L8L 4H4 $180,800.00 Applewood Roofing and Sheet Metal Ltd. 459 Garyray Road, Toronto, ON M9L 1 P9 $180,235.00 Aseal Roofing & Sheet Metal Ltd. 244 Brockport Drive, Unit #9, Etobicoke, ON M9W 6X9 $175,828.00 Atlantic Roofers Ontario Ltd. 151 Brockley Drive, Hamilton, ON L8E 3C4 $166,110.00 B & G Roofing And Sheet Metal Inc. 250 Regional Road 20, Hannon, ON LOR 1 PO $129,950.00 Eileen Roofing Inc. 1825 Wilson Avenue, Toronto, ON M9M 1A2 $180,800.00 Nedlaw Roofing Limited 232E Woolwich Street South, Breslau, ON NOB 1 MO $148,877.50 Nortex Rooting Ltd. 66 Six Point Road, Toronto, ON M8Z 2X2 $159,217.00 Pee Roof Maintenance 1544 Fifth Avenue, Louth, St. Catharines, ON L2R 6P7 $195,778.15 Roof Tops & Sheetmetal Corp. 1783 Mattawa Avenue, Mississauga, ON L4X 1R1 $153,115.00 Roque Roofing Inc. 3 Clark Avenue, Hamilton, ON L8L 5J7 $162,720.00 Sibbald Roofing Ltd. 78 Holloway Bay Road, Sherkston, ON LOS IRO $117,520.00 Triumph Roofing & Sheet Metal Inc. 1 Connie Street, Toronto, ON M6L 2118 $195,343.10 Niagararalls REPORT TO: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development BDD- 2012 -08 October 23, 2012 SUBJECT: BDD- 2012 -08 Celebrate Ontario Grant re New Year's Eve Show RECOMMENDATION: Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. EXECUTIVE SUMMARY: Staff made a submission for funding to the Ministry of Tourism - Celebrate Ontario 2012 funding program for the Niagara Falls New Year's Eve Show which is televised nationally on Global. Staff was successful in securing $75,000 for the event which will be used to secure talent for the 2012 broadcast. BACKGROUND: The Minister of Tourism invited event organizers to submit funding applications for special events taking place in 2012. Staff submitted an application to Celebrate Ontario for this year's New Year's Eve Show and were successful in securing $75,000. The funds will be used to secure talent for this year's show. The event will be televised on Global Television this year under the "Entertainment Tonight" banner. These funds will augment the financial support provided by the City through the OPG funds, as well as, ET Canada, the Niagara Parks Commission, Fallsview Casino Resort, Clifton Hill BIA, Fallsview BIA, Victoria Centre BIA, and Lundy's Lane BIA. ANALYSIS /RATIONALE: The cost to produce the Niagara Falls New Year's Eve Show increases annually and these additional funds will assist in covering the increased expenses. CITY'S STRATEGIC COMMITMENT: Strengthen and promote economic development within the City of Niagara Falls. Recommended by: Respectfully submitted: elicetti, Director of Business Development Ken Todd, Chief Administrative Officer F- 2012 -46 Niagaraaalls October 23, 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 -46 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $23,738,965.98 for the period August 23, 2012 to October 3, 2012. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harriso Direc r of Finance Ken Todd, Chief Administrative Officer Page 1 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount (HUFFMAN) INGRAM,SHANNON 105.1 ED FM 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1671343 ONTARIO LIMITED 1776415 ONTARIO LIMITED 2030688 ONTARIO LTD 2030688 ONTARIO LTD 2095527 ONTARIO LTD 2095527 ONTARIO LTD 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 7729596 CANADA INC o/a THERMO KING ONTARIO 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTIN( 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATION LTD A B C RECREATION LTD A J STONE COMPANY LTD A J STONE COMPANY LTD A J STONE COMPANY LTD A M ROOFING SYSTEMS INC AAF CANADA INC AAF CANADA INC AAF CANADA INC ABSOLUTE COMMUNICATION & DESIGN ACCU LOCK AND SECURITY ACTION PRINT ACTIVE NETWORK LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCED OFFICE SOLUTIONS INC ADVANCED PROPERTY MAINTENANCE SERVICES INC AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIRON HVAC AIRON HVAC AIRON HVAC ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALL PRO RENTALS ALLAN FYFE EQUIPMENT LTD ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMCTO ZONE 3 AMERICANA CONFERENCE RESORT & SPA AMI ATTACHMENTS ANASTASIO APPLIANCE ANDERS,CHRIS ANGLE, BETH ANIXTER CANADA INC ANTHONY'S EXCAVATING CENTRAL INC ANTHONY'S EXCAVATING CENTRAL INC ANTONIO,CHUCK ANTONSEN,DAVID ANTONSEN,DAVID APPLIED GEOLOGICS INC 357864 12- Sep -2012 357786 12- Sep -2012 357787 12- Sep -2012 357788 12- Sep -2012 357789 12- Sep -2012 357662 05- Sep -2012 358133 26- Sep -2012 357511 29- Aug -2012 358134 26- Sep -2012 357989 19- Sep -2012 357790 12- Sep -2012 358135 26- Sep -2012 357512 29- Aug -2012 357663 05- Sep -2012 358345 03- Oct -2012 357791 12- Sep -2012 357990 19- Sep -2012 357664 05- Sep -2012 357992 19- Sep -2012 357669 05- Sep -2012 358141 26- Sep -2012 358349 03- Oct -2012 358147 26- Sep -2012 357792 12 -Sep -2012 357991 19- Sep -2012 358346 03- Oct -2012 357665 05- Sep -2012 357513 29- Aug -2012 358136 26- Sep -2012 358137 26- Sep -2012 357514 29- Aug -2012 357666 05- Sep -2012 358138 26- Sep -2012 358347 03- Oct -2012 357667 05- Sep -2012 358139 26- Sep -2012 358140 26- Sep -2012 357668 05- Sep -2012 357793 12- Sep -2012 357993 19- Sep -2012 358348 03 -Oct -2012 358142 26- Sep -2012 358143 26- Sep -2012 358350 03- Oct -2012 358351 03- Oct -2012 357670 05- Sep -2012 357794 12- Sep -2012 358144 26- Sep -2012 358352 03- Oct -2012 357796 12- Sep -2012 358355 03- Oct -2012 358353 03- Oct -2012 357515 29- Aug -2012 357795 12- Sep -2012 357994 19- Sep -2012 358354 03- Oct -2012 357671 05- Sep -2012 358145 26- Sep -2012 357797 12- Sep -2012 358146 26- Sep -2012 358356 03- Oct -2012 358357 03- Oct -2012 357672 05- Sep -2012 357995 19- Sep -2012 357673 05- Sep -2012 358358 03- Oct -2012 357996 19- Sep -2012 357516 29- Aug -2012 358148 26- Sep -2012 358149 26- Sep -2012 357674 05- Sep -2012 357799 12- Sep -2012 357517 29- Aug -2012 REFUND ADVERTISING MATERIALS REFUND MATERIALS LEASES AND RENTS LEASES AND RENTS LICENSE AGREEMENT LICENSE AGREEMENT SERVICES MATERIALS VEH ID# 82 SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING SERVICES MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES SERVICES SERVICES MATERIALS SERVICES TRAVEL /MILEAGE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE REGISTRATION FEES MATERIALS -FALLS SHUTTLE PASSE MATERIALS SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE CONTRACT SERVICES 1,110.18 1,582.00 169.94 1,500.00 2,034.00 3,502.86 3,502.86 1,130.00 1,130.00 151.53 886.63 2,260.00 96.05 73.45 378.55 12, 008.77 53,931.39 84,311.06 48,237.85 1,660.54 2,864.55 42.79 11,469.50 16.95 20.61 189.75 6,124.61 124.30 959.14 111.87 73.45 271.20 197.75 525.45 1,466.18 237.30 67.66 596.75 942.19 555.28 1,155.76 146.64 320.36 76,380.10 41,242.97 15.82 73.45 632.80 9.04 490.42 63.28 1,185.09 54.24 27.12 54.24 54.24 1,027.45 565.11 2,554.00 2,537.25 100.00 788.50 8,644.50 73.45 136.50 150.00 3,618.83 10,170.00 2,034.00 65.00 61.88 51.48 1,265.60 Page 2 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC APPS CARTAGE INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARIVA ARIVA ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC AUCHTERLORIE,BILL AUTOMATION DEVICES CANADA LIMITED B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & C TRUCK CENTRE B & C TRUCK CENTRE B & C TRUCK CENTRE BADGER DAYLIGHTING LP BANNERMAN,MAJA BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD INTERNATIONAL INC BEAMAN,KEN BEATTIES BASICS BEEKE,MATTHEW BELCASTRO,JIMMY BELL,WILLIAM BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BELLI,JOHN BERKHOUT,DAN BERKHOUT,DAN BERNAT,CLARK BERNAT,CLARK BERTIE PRINTERS LIMITED BEST WESTERN CAIRN CROFT HOTEL BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BIGGARS KEY SHOP BIRMINGHAM FIRE CONTROL BISHARAT,RAED BLUE SPRUCE HOMES INC BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BORDEN LADNER GERVAIS BOUTILIER,J BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRINKS CANADA LTD BRODART CO. BRODERICK & PARTNERS BROOK MCILROY INC BROUWER'S CUSTOM UPHOLSTERY LTD BROWNS SEPTIC SERVICE LTD BRUBAKER,JERE BRUCE,RAYMOND BURKE,GARY BURKE,RANDY C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C -MAX FIRE SOLUTIONS CAHILL,MARK Cheque No. 357675 358150 358359 358360 358151 357518 357997 358152 358361 357676 357800 357998 357677 358153 357659 357803 358156 357660 357804 357999 357801 358154 357802 358155 358362 357805 357520 357806 357807 358364 357521 357809 358158 358363 357808 358000 357522 358001 358365 357678 358159 358160 358366 357523 357679 357810 358002 358161 358367 357811 358368 358003 357524 357680 357813 358004 358369 358370 357525 358162 357526 358163 358164 357681 358165 358371 358005 358006 358007 357682 358166 358185 358179 357527 Cheque Date 05- Sep -2012 26- Sep -2012 03- Oct -2012 03- Oct -2012 26- Sep -2012 29- Aug -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 05- Sep -2012 26- Sep -2012 31- Aug -2012 12- Sep -2012 26- Sep -2012 31- Aug -2012 12- Sep -2012 19- Sep -2012 12- Sep -2012 26- Sep -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 29- Aug -2012 12- Sep -2012 12- Sep -2012 03- Oct -2012 29- Aug -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 19- Sep -2012 29- Aug -2012 19- Sep -2012 03- Oct -2012 05- Sep -2012 26- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 03- Oct -2012 19- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 03- Oct -2012 03- Oct -2012 29- Aug -2012 26- Sep -2012 29- Aug -2012 26- Sep -2012 26- Sep -2012 05- Sep -2012 26- Sep -2012 03- Oct -2012 19- Sep -2012 19- Sep -2012 19- Sep -2012 05- Sep -2012 26- Sep -2012 26- Sep -2012 26- Sep -2012 29- Aug -2012 Purpose CONSULTING SERVICES CONSULTING SERVICES MATERIALS VEH ID# 596 VEH ID# 186 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES VEH ID# 1149 MAINTENANCE /REPAIRS MATERIALS VEH ID #823 MATERIALS VEH ID# 36, 536 VEH ID# 572 MATERIALS CCC WORKSHOPS - PROGRAMMING SERVICES LEASES AND RENTS MATERIALS TRAVEL /MILEAGE SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REIMBURSEMENT MATERIALS LICENSE MATERIALS MATERIALS MATERIALS MATERIALS -FALLS SHUTTLE PASSE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS REFUND REFUND REFUND SERVICES MATERIALS SERVICES MATERIALS GRANT GRANT SERVICES SERVICES MATERIALS SERVICES SERVICES MATERIALS SERVICES HONORARIUM SENIOR PROPERTY TAX REBATE REIMBURSEMENT HONORARIUM CONTRACT SERVICES VEH ID# 536 TRAVEL /MILEAGE Amount 3,093.38 5,078.43 173.29 104.10 632.63 909.76 913.37 783.35 71.94 101.70 101.70 33.90 678.92 10,588.44 406.59 322.82 392.07 155.94 25.07 37.15 4,488.93 1,428.46 3,522.57 1,159.38 972.52 26.54 129.83 150.00 135.59 150.00 301.65 511.46 17.68 71.90 56.50 56.50 11.00 150.00 90.00 209.32 408.65 1,681.44 1,776.50 2,339.10 352.33 473.58 4,045.40 102.26 814.73 90.40 73.45 750.00 199.47 750.00 1,243.00 2,599.00 9,700.28 150.00 16,066.67 16,066.66 1,850.93 2,219.03 223.91 3,115.15 17,718.57 960.50 4,361.80 30.00 40.00 3,715.00 20.00 15,255.00 85.94 84.76 Page 3 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CAHILL,MARK CALE SYSTEMS INC CAMPBELL,JIM CAMPIGOTTO,PAUL CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PAYROLL ASSOCIATION CANAVAN,WENDY CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARR MCLEAN CARR MCLEAN CARRICK,MARZENNA CARSWELL CDW CANADA INC CEDAR INFRASTRUCTURE PRODUCTS INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTRAL COMMUNICATIONS CENTRE COURT CAFE CENTURY VALLEN CERIDIAN CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS,BOB ROBERT CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEVY LANE FABRICATIONS CHIPPAWA DOCK COMMITTEE CHRIS CRISTELLI & ASSOCIATES INC CHRIS TURNER ASSOCIATES INC CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF ST. CATHARINES CITY VIEW BUS & TRUCK REPAIR & SALES LTD CITY VIEW BUS & TRUCK REPAIR & SALES LTD CLIFTON HILL BIA CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO L COFFEY GEOTECHNICS INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA LP COGECO CABLE CANADA LP COINAMATIC COMMERCIAL LAUNDRY INC COLBEY CUSTOM FABRICATING CO LIMITED COLLABORATIVE STRUCTURES LIMITED COLLABORATIVE STRUCTURES LIMITED COLLINSON,JACK COLLINSON,JACK COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES Cheque No. 358167 358168 358372 357528 357683 357814 358009 358169 358373 357529 358011 358170 358374 357530 358171 358010 357685 358008 357531 357684 357815 358012 358172 358375 357686 358013 357532 358015 357816 357533 357819 358376 357534 357658 357689 357821 358173 358377 357688 358174 358378 357690 358016 358017 357535 357822 358018 358175 358379 357691 358380 357823 358342 357824 358176 358381 357536 358019 358177 IMI1 358178 357692 358180 357537 358383 358020 358021 358181 358384 357538 358182 358385 357539 357825 358183 Cheque Date 26- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 26- Sep -2012 19- Sep -2012 05- Sep -2012 19- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 29- Aug -2012 19- Sep -2012 12- Sep -2012 29- Aug -2012 12- Sep -2012 03- Oct -2012 29- Aug -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 19- Sep -2012 29- Aug -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 03- Oct -2012 12- Sep -2012 27- Sep -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 19- Sep -2012 26- Sep -2012 26- Sep -2012 05- Sep -2012 26- Sep -2012 29- Aug -2012 03- Oct -2012 19- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 12- Sep -2012 26- Sep -2012 Purpose TRAVEUMILEAGE SERVICES MATERIALS TRAVEL/MILEAGE MATERIALS MAINTENANCE /REPAIRS MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAINING TRAVEL/MILEAGE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES SERVICES MATERIALS LEASES AND RENTS CONFERENCE MATERIALS MATERIALS REMITTANCE MATERIALS MATERIALS SERVICES LEASES AND RENTS UTILITIES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES TRAVEL /MILEAGE TRAVEL /MILEAGE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES Amount 52.52 2,126.77 150.00 56.16 1,105.71 145.49 1,745.84 765.27 1,252.94 1,075.29 1,369.32 335.78 431.22 3,774.87 3,774.87 1,105.91 423.75 88.20 24.78 9.43 25.55 93.36 24.21 36.71 166.96 2,803.18 409.37 1,741.84 308.88 312.14 3,689.52 1,693.64 2,992.81 2,550.41 335.05 1,640.76 2,209.44 987.62 423.75 470.31 450.87 1,704.04 39.55 260.00 2,272.11 596.43 157.55 1,705.31 644.42 1,901.23 301.05 3,729.00 6,610.50 2,804.26 523.86 200.00 772.93 325.63 7,500.00 3,216.57 333.35 20,336.05 847.50 847.50 1,195.50 5,424.00 17,541.14 19,029.43 85.80 55.64 128.78 21,012.02 23,242.20 20, 781.15 Page 4 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CONDOTTA MERRETT & CO INSURANCE BROKERS CONDOTTA MERRETT & CO INSURANCE BROKERS CONSEIL SCOLAIRE DE DIST DU CENTRE - SUD -OUEST CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE -SUD CONTINENTAL TIRE CANADA INC CONWAYS MECHANICAL CONTRACTING INC CONWAYS MECHANICAL CONTRACTING INC CORNERSTONE CRUSH INC COTTON INC COTTON INC CRABTREE PUBLISHING CO CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRE -8 -IT SIGNS CRE -8 -IT SIGNS CRE -8 -IT SIGNS CRUMP,THOMAS CULLIGAN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CURTIS GAIL DEVELOPMENT CORPORATION CYRUS WAKEFIELD INCORPORATED D K TECHNICAL SERVICES INC D'ADDIO,DAVID & JANET DA MEDIA GROUP LTD DAIMLER BUSES NORTH AMERICA LTD DALTON,LINDA DANYLUCK,JON DARCH FIRE DARCH FIRE DATA GROUP OF COMPANIES - THE DAVIDSON ENVIRONMENTAL DE LAGE LANDEN FINANCIAL SERVICES CAN INC DEEP STEAM DELCAN CORPORATION DEMAR CONSTRUCTION DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEVRIES,RICK DIGIROLAMO,NICK DIODATI,JIM DIODATI,JIM DIODATI,JIM DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DIVAL SAFETY & SUPPLIES OF CANADA DON'S PORTABLE TOILETS DON'S PORTABLE TOILETS DON'S PORTABLE TOILETS DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DREN,KARL DROLET,MARC DROLLIS SAFETY SUPPLY CO LTD DROLLIS SAFETY SUPPLY CO LTD DTZ BARNICKE NIAGARA LIMITED DULUX PAINTS DULUX PAINTS E -QUIP RENTALS & REPAIRS INC ECCO ELECTRIC LIMITED EDGAR,MEGHAN EDGAR HARRIS, EDUFUN INC ELECTION SYSTEMS & SOFTWARE LLC ELECTRICAL SAFETY AUTHORITY ELIA,DOMENIC ELLIS ENGINEERING INC EMCO CORPORATION Cheque No. Cheque Date 358022 19- Sep -2012 358386 03- Oct -2012 WIRE 28- Sep -2012 WIRE 28- Sep -2012 357693 05- Sep -2012 357694 05- Sep -2012 357827 12- Sep -2012 357695 05- Sep -2012 357540 29- Aug -2012 357696 05- Sep -2012 358024 19- Sep -2012 357541 29- Aug -2012 357697 05- Sep -2012 358025 19- Sep -2012 357828 12- Sep -2012 358026 19- Sep -2012 358184 26- Sep -2012 357829 12- Sep -2012 357542 29- Aug -2012 357543 29- Aug -2012 357830 12- Sep -2012 358186 26- Sep -2012 358187 26- Sep -2012 358387 03- Oct -2012 357834 12- Sep -2012 357698 05- Sep -2012 357700 05- Sep -2012 357699 05- Sep -2012 358188 26- Sep -2012 358189 26- Sep -2012 357544 29- Aug -2012 358029 19- Sep -2012 357831 12- Sep -2012 358190 26- Sep -2012 358389 03- Oct -2012 358388 03 -Oct -2012 357701 05- Sep -2012 357832 12- Sep -2012 357545 29- Aug -2012 357703 05- Sep -2012 357833 12- Sep -2012 358192 26- Sep -2012 358390 03- Oct -2012 357704 05- Sep -2012 358193 26- Sep -2012 357705 05- Sep -2012 358194 26- Sep -2012 358344 27- Sep -2012 358195 26- Sep -2012 WIRE 28- Sep -2012 358196 26- Sep -2012 357706 05- Sep -2012 357835 12- Sep -2012 358197 26- Sep -2012 358198 26- Sep -2012 357707 05- Sep -2012 358391 03 -Oct -2012 358392 03- Oct -2012 357546 29- Aug -2012 357836 12- Sep -2012 358393 03- Oct -2012 357547 29- Aug -2012 357837 12- Sep -2012 358030 19- Sep -2012 357714 05- Sep -2012 357708 05- Sep -2012 357840 12- Sep -2012 358394 03- Oct -2012 357709 05- Sep -2012 358395 03- Oct -2012 357710 05- Sep -2012 358031 19- Sep -2012 358396 03- Oct -2012 357548 29- Aug -2012 Purpose REMITTANCE REMITTANCE TAX LEVY TAX LEVY MATERIALS SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND MATERIALS MAINTENANCE /REPAIRS REFUND EQUIPMENT MATERIALS MATERIALS TRAVEL /MILEAGE VEH ID# 532 MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS TRAVEUMILEAGE REFUND TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEL /MILEAGE REFUND TAX LEVY MATERIALS SERVICES SERVICES SERVICES REMITTANCE SERVICES CONTRACT SERVICES TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS RELEASE OF SITE PLAN DEPOSIT - MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LICENSE MATERIALS MATERIALS SERVICES MATERIALS Amount 162.00 2,160.00 84,122.76 275,506.15 14,172.01 128.82 5,090.65 21, 989.63 879.14 1,550.93 165.56 420.00 1,716.00 550.00 53, 776.70 803.43 1,252.04 150.00 5,600.28 9,464.11 8,957.38 8,741.15 750.00 158.97 8,658.82 750.00 14,125.00 44,238.82 146.89 268.11 793.26 163.85 3,311.01 110.74 16,162.74 3,825.19 2,565.10 14,600.26 148.31 95.78 190.69 98.88 1,640.35 45.00 100.00 1,155.00 1,155.00 1,281.31 963.34 6,881, 341.21 5,337.96 3,425.57 316.40 2,651.78 40,000.00 278.55 224.03 157.56 150.00 1,737.21 267.81 74, 000.00 180.36 71.27 1,130.00 534.49 67.79 1,120.00 117.52 4,247.25 123.17 135.59 3,008.63 4,594.81 Page 5 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS EQUIPMENT SPECIALIST INC ESPO ELECTRICAL SUPPLY EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERGREEN ESTATES DEVELOPMENT LIMITED CIO JOE FUTINC EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EVIN INDUSTRIES LTD EVOLUTION TRUCK & TRAILER SERVICE EXPOGRAPHIQ INTERNATIONAL LIMITED FALLS CHEVROLET CADILLAC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW BIA FARE LOGISTICS FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FELICETTI,ANNY FERRY,LENNY FINUCCI,FILOMENA FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SERVICE WOMEN ONTARIO FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FORWARD SIGNS INC FRANKLIN INSTITUTE FRANZE,DAMIAN FRANK FREE GAS CO. LTD GALES GAS BARS GALES GAS BARS GALT MACHINE KNIFE & SAW GALT MACHINE KNIFE & SAW GAULD NURSERIES LTD GAULD NURSERIES LTD GENERAL PAINT GENERAL PAINT GENERAL PAINT GENERAL PAINT GENERAL PAINT GENIVAR CONSULTANTS LIMITED PARTNERSHIP GEORGIAN COLLEGE GERRIE ELECTRIC WHOLESALE LTD Cheque No. Cheque Date 357711 05- Sep -2012 357841 12- Sep -2012 358032 19- Sep -2012 358199 26- Sep -2012 357712 05- Sep -2012 358200 26- Sep -2012 357549 29- Aug -2012 357550 29- Aug -2012 357713 05- Sep -2012 357842 12- Sep -2012 358033 19- Sep -2012 358201 26- Sep -2012 358397 03- Oct -2012 358398 03- Oct -2012 357551 29- Aug -2012 358202 26- Sep -2012 358399 03 -Oct -2012 357843 12- Sep -2012 357844 12- Sep -2012 357715 05- Sep -2012 358034 19- Sep -2012 358035 19- Sep -2012 357552 29- Aug -2012 357716 05- Sep -2012 357845 12- Sep -2012 358036 19- Sep -2012 358203 26- Sep -2012 357846 12- Sep -2012 358400 03- Oct -2012 358037 19- Sep -2012 357717 05- Sep -2012 357553 29- Aug -2012 357554 29- Aug -2012 358204 26- Sep -2012 358401 03- Oct -2012 358205 26- Sep -2012 357718 05- Sep -2012 357555 29- Aug -2012 357719 05- Sep -2012 357847 12- Sep -2012 358038 19- Sep -2012 358206 26- Sep -2012 358403 03- Oct -2012 358207 26- Sep -2012 357848 12- Sep -2012 357720 05- Sep -2012 357556 29- Aug -2012 357721 05- Sep -2012 357557 29- Aug -2012 357558 29- Aug -2012 357722 05- Sep -2012 357849 12- Sep -2012 358039 19- Sep -2012 358208 26- Sep -2012 358404 03- Oct -2012 358040 19- Sep -2012 358405 03- Oct -2012 US DRAFT 04- Sep -2012 358041 19- Sep -2012 358343 27- Sep -2012 357850 12- Sep -2012 358042 19- Sep -2012 357559 29- Aug -2012 358209 26- Sep -2012 357851 12- Sep -2012 358210 26- Sep -2012 357723 05- Sep -2012 357852 12- Sep -2012 358043 19- Sep -2012 358211 26- Sep -2012 358406 03- Oct -2012 358044 19- Sep -2012 358045 19- Sep -2012 358212 26- Sep -2012 Purpose MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES SERVICES SERVICES VEH ID#459 MATERIALS MATERIALS MATERIALS REFUND SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES VEH ID# 306 MATERIALS SERVICES SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEL /MILEAGE REFUND SERVICES SERVICES CONFERENCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE CONTRACT SERVICES MUSEUM EXHIBIT REFUND VEH ID# 187 FUEL FUEL SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES TRAINING MATERIALS Amount 8,139.39 920.33 519.31 1,366.96 38,647.42 40,681.68 3,307.43 104.27 22.34 2,134.60 554.39 175.15 5,361.30 241.86 5,876.00 1,751.50 203.40 1,888.23 84.75 98.88 793.71 750.00 744.67 1,160.51 581.95 789.87 952.59 2,636.75 1,131.01 998.17 143,291.50 126.30 268.67 796.76 109.61 1,162, 500.00 81.08 298.14 1,716.03 374.62 399.95 11 8.74 718.45 343.20 111.28 1,750.00 2,017.46 170.23 300.00 283.23 1,716.99 798.07 2,495.81 1,437.31 111.82 118.04 209,977.10 3,017.10 3,000.00 19.78 305.19 207.00 152.55 115.26 154.24 61.45 719.09 237.98 1,187.40 205.29 249.03 1,130.00 907.50 2,919.92 Page 6 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GIRARDI,CHRISTINE GLOBAL GENEALOGY.COM INC GLOBALSTAR CANADA SATELLITE CO GNBA LADIES AUXILLARY GNGH FOUNDATION GOLIA COLOR CENTRE GRAIL FIREGROUND GRAND & TOY GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA BASEBALL ASSOCIATION GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENFIELD GROUP LTD GREENLAWN GREENSPAN,NED GRMEK,BORIS GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC H D SUPPLY UTILITIES HALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALL, FRED HALLEX ENGINEERING LTD HARRISON,TODD HD SUPPLY CANADA INC HD SUPPLY CANADA INC HERITAGE SAFETY PRODUCTS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HODGSON,BEVERLY HOLMAN,GEOFF HORTH,COREY HR PROACTIVE INC IAN S. MACKAY BARRISTER & SOLICITOR IBI GROUP ICECO ADVANCED ARENA PRODUCTS INDEPENDENT SUPPLY COMPANY INC INDEPENDENT SUPPLY COMPANY INC INFRASTRUCTURE HEALTH AND SAFETY ASSOCIATION INNOVATIVE SURFACE SOLUTIONS CANADA INSPEC SOL INC. INTERFLEET INC INTERSTATE ALL BATTERY CENTER J & B PROCESS SERVING INC J D FACTORS CORPORATION J D FACTORS CORPORATION J D FACTORS CORPORATION J D FACTORS CORPORATION J D FACTORS CORPORATION J K JOUPPIEN HERITAGE RESOURCE CONSULTANT J.P. SAMUEL & ASSOCIATES, JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACKSON,DAVE JACKSON,DAVE Cheque No. Cheque Date 357853 12- Sep -2012 357855 12- Sep -2012 357854 12- Sep -2012 358213 26- Sep -2012 357856 12- Sep -2012 358407 03- Oct -2012 US DRAFT 22- Aug -2012 358046 19- Sep -2012 357661 31- Aug -2012 358214 26- Sep -2012 358408 03 -Oct -2012 357562 29- Aug -2012 357563 29- Aug -2012 357724 05- Sep -2012 358047 19- Sep -2012 358215 26- Sep -2012 358409 03- Oct -2012 358048 19- Sep -2012 358410 03- Oct -2012 357725 05- Sep -2012 357564 29- Aug -2012 357565 29- Aug -2012 357857 12- Sep -2012 358049 19- Sep -2012 358050 19- Sep -2012 358216 26- Sep -2012 358411 03- Oct -2012 357726 05- Sep -2012 357858 12- Sep -2012 358051 19- Sep -2012 358217 26- Sep -2012 358412 03- Oct -2012 358218 26- Sep -2012 357510 23- Aug -2012 357566 29- Aug -2012 357859 12- Sep -2012 358219 26- Sep -2012 357860 12- Sep -2012 358220 26- Sep -2012 358413 03- Oct -2012 357509 23- Aug -2012 358221 26- Sep -2012 358052 19- Sep -2012 358414 03- Oct -2012 357567 29- Aug -2012 357862 12- Sep -2012 358222 26- Sep -2012 358415 03- Oct -2012 357568 29- Aug -2012 357863 12- Sep -2012 358053 19- Sep -2012 358223 26- Sep -2012 357865 12- Sep -2012 358054 19- Sep -2012 357727 05- Sep -2012 358055 19- Sep -2012 358224 26- Sep -2012 357866 12- Sep -2012 357569 29- Aug -2012 357867 12- Sep -2012 358225 26- Sep -2012 357728 05- Sep -2012 358229 26- Sep -2012 357572 29- Aug -2012 357731 05- Sep -2012 357869 12- Sep -2012 358059 19- Sep -2012 358230 26- Sep -2012 358231 26- Sep -2012 358420 03- Oct -2012 358057 19- Sep -2012 358227 26- Sep -2012 357868 12- Sep -2012 358417 03 -Oct -2012 Purpose TRAVEUMILEAGE MATERIALS SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS GRANT SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS SERVICES LEASES AND RENTS MATERIALS SERVICES TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND TRAVEL /MILEAGE REFUND CONSULTING SERVICES SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS TRAINING MATERIALS SERVICES SERVICES MATERIALS SERVICES SERVICES MATERIALS SERVICES MATERIALS SERVICES MATERIALS MATERIALS VEH ID# 139 SERVICES TRAVEL /MILEAGE TRAVEL /MILEAGE Amount 36.92 418.95 139.89 99.10 1,000.00 11, 744.03 2,300.00 116.51 1,992.38 1,115.89 446.07 1,400.00 813.60 237.30 1,059.38 932.25 5,661.30 796.65 282.49 300.00 41,983.09 7,727.74 150, 866.72 11, 058.94 179.02 179.02 21,397.84 1,459.86 1,627.86 1,714.79 938.63 1,391.16 689.30 341.83 1,243.00 146.90 1,243.00 112.99 1,243.00 518.47 45.42 24.92 1,315.32 3,742.56 60.88 222.14 116.24 83.26 18.50 78.00 750.00 5,085.00 2,584.88 13,441.35 4,024.33 1,384.95 39.21 1,299.50 4,939.08 5,070.31 2,544.86 17.29 101.70 1,023.55 2,367.92 20,378.74 2,550.52 1,023.55 1,013.61 542.40 39.55 79.10 113.88 108.16 Page 7 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JARRETT,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JEFF BOUW JOHN HARRIMAN JOHNNY RAG JOHNSON,FEIR JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS JR B CANUCKS K E LYN ROYCE KAINTH,SANJEET KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KEALEY & ASSOCIATES INC. KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KIVISTO,BRIAN KLENZOID KOABEL,TIM KRAHN,FRANK KRAMER DESIGN ASSOCIATES LIMITED KRAWCZYK CONSTRUCTION MAINTENANCE KREBBEKS, JOE KROWN RUST CONTROL KUBIK,KELLIE LAERDAL MEDICAL CANADA LTD LAERDAL MEDICAL CANADA LTD LAITAN HOLDINGS CORPORATION LAKES MAINTENANCE LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKE'S MAINTENANCE LAKEVIEW VINEYARD EQUIPMENT INC. LARSON -JUHL LAURCOATINC. LAURENTIAN ATHLETICS INDUSTRIES (1970) LTD LAVALLEE,JOHN& LAVALLEE, PATRICIA LAWRENCE PENSION CONSULTING SERVICES LTD LE GROUPE SPORTS -INTER PLUS LEITCH,BRAD LENNOX,LUCIA LEXISNEXIS CANADA INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LITTLE WORLD ROAD SAFETY SERVICES LONGLEY,JOHN ANDREW& LONGLEY, ROSE MARIE PAUL LOWS GLASS & MIRROR WINDOWS LUEY,CATHERINE LUEY,TIM LUNDY'S LANE BIA M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MAIN & FERRY BIA MALIBU POOLS MALIBU POOLS MANOR CLEANERS MAR -CO CLAY PRODUCTS INC MARI -LYNNE EASTLAND Cheque No. 358228 357730 358058 358418 357870 358419 357732 358060 357573 357733 357871 358061 358232 358421 357937 358233 357574 357734 357872 358062 358234 358063 358235 357575 358422 357873 358064 358236 357576 357874 357577 US DRAFT 358423 357875 357578 358237 357876 357877 358065 358238 358424 358425 357878 358066 357735 357879 358239 358067 357880 357881 358427 357737 358069 358241 358429 357580 358430 357883 357884 358431 358242 357897 358077 358252 358438 357741 358076 358251 358243 358244 358432 357885 357581 357839 Cheque Date 26- Sep -2012 05- Sep -2012 19- Sep -2012 03- Oct -2012 12- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03 -Oct -2012 12- Sep -2012 26- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 19- Sep -2012 26- Sep -2012 29- Aug -2012 03- Oct -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 29- Aug -2012 12- Sep -2012 29- Aug -2012 22- Aug -2012 03- Oct -2012 12- Sep -2012 29- Aug -2012 26- Sep -2012 12- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 03 -Oct -2012 12- Sep -2012 19- Sep -2012 05- Sep -2012 12- Sep -2012 26- Sep -2012 19- Sep -2012 12- Sep -2012 12- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 03- Oct -2012 12- Sep -2012 12- Sep -2012 03- Oct -2012 26- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 26- Sep -2012 26- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 29- Aug -2012 12- Sep -2012 Purpose MATERIALS SERVICES MATERIALS SERVICES CLAIM SERVICES MATERIALS MATERIALS TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING CONTRACT SERVICES REFUND TAXES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES CONSULTING SERVICES SERVICES REFUND MATERIALS REFUND SERVICES CONSULTING SERVICES SERVICES DUPLICATE PARKING TICKET REFU VEH ID# 100 TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS SERVICES SERVICES VEH ID# 456 MATERIALS VEH ID# 215 MATERIALS REFUND REMITTANCE MATERIALS REFUND REFUND MATERIALS FUEL FUEL FUEL FUEL TRAINING REFUND - TAXES SERVICES REFUND REFUND - TUITION REMITTANCE 2012 BIA LEVY MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES REMITTANCE BIA LEVY MATERIALS MATERIALS SERVICES MATERIALS MATERIALS Amount 150.00 293.80 4,090.60 448.61 201.55 1,660.00 224.82 55.36 873.00 1,963.00 2,538.00 1,782.00 2,422.00 2,254.00 1,695.00 1,500.00 966.23 103.96 125.38 67.79 5,650.00 18,661.01 7,659.67 4,962.96 1,939.65 150.00 769.87 94.78 150.00 23, 594.40 3,938.05 20.00 847.44 45.00 223.24 256.51 260,691.00 4,777.39 225.44 783.94 562.74 34.19 476.86 395.50 2,502.95 750.00 141.25 3,926.75 150.00 1,000.00 109.46 46, 268.29 2,985.03 24, 048.68 22, 029.87 1,412.50 1,128.00 1,056.55 446.35 267.60 199, 237.50 1,163.89 2,294.68 191.04 936.89 863.17 163.41 863.17 41, 250.00 304.06 72.20 17.40 1,467.81 4,474.80 Page 8 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MARINE CLEAN LTD MARINE CLEAN LTD MARR,TYLER MARR,TYLER MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CANADA LTD MAVES,W. BART MAYOR'S PRAYER BREAKFAST MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MCMASTER UNIVERSITY MEDIA PRO INC MEDICAL TECHNOLOGY (WB) INC MEDICAL TECHNOLOGY (WB) INC METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING MEYER,CHRISTEL MEYER,CHRISTEL MG PROMOTIONS MIKE'S PAINTING WALLPAPER & DECORATING MILLER RESTORATION LIMITED MILLS,AARON MILNE,BOB MILNE,BOB MINGLE,JIM MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MOASE,SUZANNE MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY,ROBERT MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOROCCO,JOHN MOROCCO,JOYCE MULLER'S WORKWEAR MULLER'S WORKWEAR MULLER'S WORKWEAR MURPHY,D. MUSSARI,TOM MYERS TIRE SUPPLY N.S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NATIONAL COATINGS OF CANADA INC NATURE'S EXPRESSION NEDERMAN CANADA LIMITED NEXTERRA SUBSTRUCTURES INCORPORATED NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC Cheque No. Cheque Date 357582 29- Aug -2012 358245 26- Sep -2012 357738 05- Sep -2012 357886 12- Sep -2012 358070 19- Sep -2012 357887 12- Sep -2012 357987 13- Sep -2012 358433 03- Oct -2012 358434 03- Oct -2012 358071 19- Sep -2012 358246 26- Sep -2012 357888 12- Sep -2012 357890 12- Sep -2012 357584 29- Aug -2012 357891 12- Sep -2012 357585 29- Aug -2012 357739 05- Sep -2012 357892 12- Sep -2012 358072 19- Sep -2012 358247 26- Sep -2012 357893 12- Sep -2012 357894 12- Sep -2012 358073 19- Sep -2012 357740 05- Sep -2012 358437 03- Oct -2012 358074 19- Sep -2012 357895 12- Sep -2012 357586 29- Aug -2012 358075 19- Sep -2012 357590 29- Aug -2012 357588 29- Aug -2012 357589 29- Aug -2012 358249 26- Sep -2012 358250 26- Sep -2012 357587 29- Aug -2012 357896 12- Sep -2012 358248 26- Sep -2012 357591 29- Aug -2012 357898 12- Sep -2012 357592 29- Aug -2012 358253 26- Sep -2012 358439 03- Oct -2012 358255 26- Sep -2012 357742 05- Sep -2012 358254 26- Sep -2012 357900 12- Sep -2012 357988 13- Sep -2012 357901 12- Sep -2012 358257 26- Sep -2012 358440 03- Oct -2012 358441 03- Oct -2012 358078 19- Sep -2012 357902 12- Sep -2012 357605 29- Aug -2012 358085 19- Sep -2012 358079 19- Sep -2012 358258 26- Sep -2012 358442 03- Oct -2012 357593 29- Aug -2012 358443 03- Oct -2012 357903 12- Sep -2012 358259 26- Sep -2012 358080 19- Sep -2012 358260 26- Sep -2012 357743 05- Sep -2012 358081 19- Sep -2012 358261 26- Sep -2012 358444 03- Oct -2012 358445 03- Oct -2012 358262 26- Sep -2012 WIRE 28- Sep -2012 357595 29- Aug -2012 357596 29- Aug -2012 357904 12- Sep -2012 Purpose MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE CONSULTING SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES VEH ID# 104 VEH ID#62 GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEL/MILEAGE TRAVEL /MILEAGE MATERIALS SERVICES MATERIALS REFUND MATERIALS REFUND GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND ENTERTAINMENT MATERIALS CONTRACT SERVICES Q36 -2011 TRAVEL /MILEAGE TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS REFUND TRAINING MATERIALS VEH ID# 214 CONTRACT SERVICES MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES - 2012 - 212 -02 SERVICES MATERIALS VEH ID #79 VEH ID #77 VEH ID# 292 VEH ID# 39 VEH ID #PARKS MATERIALS SERVICES MATERIALS TAX LEVY PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE Amount 13,643.08 •3,279.17 79.09 54.08 749.22 588.37 500.50 56.00 570.65 678.00 169.50 100.00 186.45 341.94 176.56 4,752.78 670.18 22.52 1,873.11 256.68 13,258.81 45.00 37.70 505.61 2,994.50 163.85 150.00 180.79 110.00 3,050.00 5,358.48 94, 598.87 62, 700.43 3,589.11 1,813.15 1,536.87 1,536.87 150.00 671.48 5,466.30 1,953.51 293.54 20.00 363.86 5,336.88 224.64 500.50 33.90 662.57 1,041.12 58.48 579.00 341.45 678.00 836.20 23,165.00 78.53 18,373.80 101,320.07 151,897.58 579.69 1,813.65 1,615.64 152.55 244.14 1,929.22 686.08 1,757.22 105.09 182.04 3,625,787.75 6,623.55 7,291.68 7,054.35 Page 9 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS COMMUNITY HEALTH CENTRE NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA PLUMBING SUPPLY COMPANY LIMITED 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 PUBLIC HEALTH NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA VIDEO PRODUCTIONS NIAGARA'S OWN LANDSCAPING INC NOBLE TRADE 4361814 CANADA INC NORRIS,STEVE NORTHLINE CANADA LTD VEHICLE DETECTION SYSTEMS NOTHDURFT,CONNIE NOVAJET O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICERS I ONTARIO BUILDING OFFICIALS ASSOCIATION ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ONTARIO MUSEUM ASSOCIATION ONTARIO MUSEUM ASSOCIATION ORESCANIN,DANIEL ORESKOVICH,JOSEPH& ORESKOVICH, SANDRA ORR,DEREK P WEDGE CO LTD PAGENET OF CANADA INC PAQUETTE,ROBERT& PAQUETTE, SYLVANA PARIS EQUIPMENT MANUFACTURING LTD PARLATORE,DOMENIC & MARISA PATERSON,BRYAN PATRICK,SUZANNE PATRIOT ENTERPRISES PAUL COYNE DENTISTRY PROFESSIONAL CORP PEARSON DUNN INSURANCE Cheque No. Cheque Date 358264 26- Sep -2012 358265 26- Sep -2012 358263 26- Sep -2012 357905 12- Sep -2012 357594 29- Aug -2012 358446 03- Oct -2012 357597 29- Aug -2012 358447 03- Oct -2012 358267 26- Sep -2012 358268 26- Sep -2012 357906 12- Sep -2012 358269 26- Sep -2012 357599 29- Aug -2012 357600 29- Aug -2012 357745 05- Sep -2012 357746 05- Sep -2012 357907 12- Sep -2012 357908 12- Sep -2012 358083 19- Sep -2012 358084 19- Sep -2012 358270 26- Sep -2012 358271 26- Sep -2012 358448 03- Oct -2012 358449 03- Oct -2012 357601 29- Aug -2012 358272 26- Sep -2012 358273 26- Sep -2012 WIRE 31- Aug -2012 WIRE 01- Oct -2012 357623 29- Aug -2012 357624 29- Aug -2012 357762 05- Sep -2012 357934 12- Sep -2012 358097 19- Sep -2012 358130 20- Sep -2012 358295 26- Sep -2012 358274 26- Sep -2012 358275 26- Sep -2012 357909 12- Sep -2012 358276 26- Sep -2012 358450 03- Oct -2012 357598 29- Aug -2012 358266 26- Sep -2012 357744 05- Sep -2012 357602 29- Aug -2012 357603 29- Aug -2012 357747 05- Sep -2012 357604 29- Aug -2012 358277 26- Sep -2012 357910 12- Sep -2012 358129 20- Sep -2012 357749 05- Sep -2012 358086 19- Sep -2012 358087 19- Sep -2012 357911 12- Sep -2012 358451 03- Oct -2012 357606 29- Aug -2012 358452 03 -Oct -2012 357913 12- Sep -2012 357912 12- Sep -2012 358278 26- Sep -2012 358453 03- Oct -2012 357914 12 -Sep -2012 357915 12- Sep -2012 357758 05- Sep -2012 357916 12- Sep -2012 357607 29- Aug -2012 358454 03- Oct -2012 358088 19- Sep -2012 357917 12- Sep -2012 357750 05- Sep -2012 358455 03 -Oct -2012 358279 26- Sep -2012 358280 26- Sep -2012 Purpose PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT REFUND GRANT GRANT GRANT GRANT MATERIALS UTILITIES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS SERVICES JULY WATER DEBENTURE 45 -2011 ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE HOARDING CONF VEH ID #171 ADVERTISING ADVERTISING ADVERTISING MATERIALS MATERIALS MATERIALS MATERIALS REFUND SERVICES REFUND MATERIALS CONTRACT SERVICES REFUND MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE ADVERTISING ADMINISTRATIVE - CONFERENCE MEMBERSHIP SERVICES CITY P/F HYDRO ONE PT 10 ON 59R TRAINING MEMBERSHIP REFUND REFUND GRANT MATERIALS SERVICES REFUND 050 005 02300 MATERIALS REFUND REFUND MATERIALS MATERIALS REFUND REMITTANCE Amount 7,000.50 7,676.30 2,250.00 33.90 39,795.17 39,795.16 30,000.00 30,000.00 237.30 96.88 131, 340.47 37,470.24 5,743.27 10,202.46 5,579.50 5,721.73 8,480.59 6,641.82 6,712.20 221, 501.44 13,860.51 16, 391.06 11,887.55 8,667 84 88.03 103.35 4,600.59 2,283,701.38 1,033, 952.12 1,100.00 1,222.34 7,995.30 1,804.59 1,390.76 1,100.00 1,513.22 150.00 742.46 242.95 1,151.47 339.00 316.40 971.80 1,768.45 1,235.62 275.42 649.69 525.00 236.36 25,680.38 750.00 1,447.98 41,921.70 805,690.60 339.00 200.00 323.18 1,000.05 1,659.00 1,988.80 80.00 20.00 750.00 20.00 389.85 16.89 224.19 10,863.82 750.00 150.00 146.89 459.01 750.00 3,767.86 Page 10 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEMBERTON,BRAD PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PEREDUN,KATRINA PERFORMANCE CARS PERFORMANCE CONCEPTS CONSULTING PERFORMANCE POWDER COATING & FASTENERS LTD PERKINS,JASON& PERKINS, JANET PERRELLA,FERNANDO& PERRELLA, LISA PETERS EXCAVATING INC PETERSON,DON PHARMA PLUS PHOENIX COUNSELLING INC PIETRANGELO,NICK PINDERS LOCK AND SECURITY PLAYPOWER LT CANADA INC T44069C PLAYPOWER LT CANADA INC T44069C PLAYPOWER LT CANADA INC T44069C PORTER,GAIL PRAXAIR PRECISION CURB CUTTING LTD PRECISION CURB CUTTING LTD PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRINTING HOUSE LTD PROFILE PROFIRE EMERGENCY EQUIPMENT PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONTRACTORS INC PURE WATER PURE WATER PURE WATER PUROLATOR COURIER QUICK CAR WASH R & W HOIST REPAIRS LTD R J MCCARTHY LTD R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAINBOW GREENHOUSES LTD RANKIN CONSTRUCTION INC RAPLEY, DAV E RBC RBC RBC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY READ SPEAKER REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REMPEL MASONRY RESTORATION INC Cheque No. Cheque Date 358089 19- Sep -2012 358456 03- Oct -2012 357608 29- Aug -2012 357609 29- Aug -2012 357919 12- Sep -2012 358091 19- Sep -2012 357752 05- Sep -2012 357918 12- Sep -2012 358090 19- Sep -2012 358281 26- Sep -2012 358457 03- Oct -2012 357751 05- Sep -2012 357611 29- Aug -2012 357921 12- Sep -2012 358093 19- Sep -2012 358458 03- Oct -2012 357610 29- Aug -2012 357920 12- Sep -2012 358092 19- Sep -2012 358282 26- Sep -2012 357923 12- Sep -2012 357922 12- Sep -2012 357753 05- Sep -2012 357612 29- Aug -2012 357613 29- Aug -2012 358283 26- Sep -2012 358128 19- Sep -2012 357924 12- Sep -2012 358094 19- Sep -2012 358284 26- Sep -2012 358285 26- Sep -2012 357614 29- Aug -2012 357754 05- Sep -2012 358286 26- Sep -2012 358459 03- Oct -2012 357926 12- Sep -2012 358287 26- Sep -2012 357755 05- Sep -2012 358095 19- Sep -2012 357756 05- Sep -2012 357927 12- Sep -2012 358460 03- Oct -2012 358288 26- Sep -2012 357616 29- Aug -2012 357617 29- Aug -2012 358461 03- Oct -2012 357928 12- Sep -2012 357757 05- Sep -2012 357618 29- Aug -2012 357929 12- Sep -2012 358289 26- Sep -2012 357930 12- Sep -2012 358290 26- Sep -2012 358298 26- Sep -2012 358435 03- Oct -2012 358098 19- Sep -2012 358463 03- Oct -2012 357759 05- Sep -2012 357931 12- Sep -2012 358096 19- Sep -2012 358291 26- Sep -2012 358292 26- Sep -2012 357932 12- Sep -2012 357619 29- Aug -2012 357620 29- Aug -2012 358293 26- Sep -2012 357761 05- Sep -2012 358462 03- Oct -2012 US DRAFT 26- Sep -2012 357621 29- Aug -2012 357622 29- Aug -2012 357933 12- Sep -2012 358294 26- Sep -2012 357763 05- Sep -2012 Purpose SERVICES SERVICES MATERIALS CONSULTING SERVICES SERVICES CONSULTING SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID# 653 VEH ID# 79 VEH ID# 178 VEH ID #559 MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE VEH ID# 50 CONSULTING SERVICES MATERIALS REFUND REFUND CONTRACT SERVICES GRANT MATERIALS SERVICES REFUND SAFETY SHOES SERVICES MATERIALS SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID #532 GRANT GRANT CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES COURIER SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND REFUND REFUND TAXES REMITTANCE REMITTANCE ANNUAL CONTRACT ADMINISTRATIVE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES Amount 690.72 416.81 150.00 81.69 47.10 55.88 67.80 242.95 194.36 949.20 271.20 15.00 27.12 27.12 529.76 50.85 96.00 388.55 302.26 30.50 25.48 895.32 30,510.00 565.00 173.39 750.00 117,800.55 20.00 186.24 75.00 150.00 153.68 1,974.37 1,123.22 651.22 100.88 986.06 327.48 293.52 1,875.00 250.00 175.16 3,971.25 2,725.97 24, 866.67 24,866.66 83, 302.30 960.50 25.00 25.00 30.00 66.24 123.17 2,871.15 1,081.79 2,378.65 1,452.05 386.46 195.49 460.86 50.78 12,480.01 150.00 720.56 769.00 261.64 1,352.00 1,342.40 4,068.00 310.75 436,856.26 429, 022.76 414,220.40 3,926.25 Page 11 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RIGG MOONEY MONUMENTS RK & ASSOCIATES ROCHESTER MIDLAND LIMITED ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC RUSIC,DRAGAN SAM WEST, SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SANI GEAR FIRE SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHINDLER ELEVATOR CORPORATION C/O T52649 SCHLACHTA,TRACY SCOTT,CHRISTOPHER SCOTT,WINSTON SCOTT CONSTRUCTION NIAGARA INC SEALER WORKS SEALER WORKS SEALER WORKS SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER OF NIAGARA SETON SETON SHEAP,EVA SHOE CENTRE SHOWTECH POWER & LIGHTING SHRED IT INTERNATIONAL INC SHRED IT INTERNATIONAL INC SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLEX GRINNELL SIMPLISTIC LINES INC SKWIERCZ,MATHEW SMITH,WILLIAM SOMERVILLE,GREG SPECK INDUSTRIES SPEEDPRO IMAGING OF HAMILTON SPEEDPRO IMAGING OF HAMILTON SPENCER,MATT SQBOX SOLUTIONS LTD ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STANCO SIGNS AND PROMOTIONS STANCO SIGNS AND PROMOTIONS STAR COLLISION SERVICE STEPHENSON'S RENTAL SERVICES STEVENSVILLE LAWN SERVICE INC STITCH IT CANADA'S TAILOR STORAGE NIAGARA STORAGE NIAGARA STRACUZZI,ANTHONY STRANGES,LOU STRANGES,LOU STUART,DAVE STUART,DAVE SULLIVAN MAHONEY LLP SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING DEPT. SUN LIFE SUN LIFE SUN LIFE FINANCIAL SUN LIFE MONTREAL SUNCOR ENERGY PRODUCTS PARTNERSHIP Cheque No. 357625 357936 357626 358296 358297 357938 357978 357627 357764 357939 358099 358299 358464 357940 358300 357941 358301 358465 358302 357943 358304 358466 357942 358303 358305 358467 357628 358306 358468 358469 358470 357944 358100 358307 357765 358101 358102 358308 357766 357945 357767 357947 358104 357629 357768 357948 358309 357631 357951 357632 358313 358471 357630 357949 358105 358310 357950 358106 358311 358312 357769 358314 357952 357633 358315 357634 357635 358316 358108 WIRE WIRE 358473 357955 357636 Cheque Date 29- Aug -2012 12- Sep -2012 29- Aug -2012 26- Sep -2012 26- Sep -2012 12- Sep -2012 12- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 26- Sep -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 26- Sep -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 26- Sep -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 26- Sep -2012 03 -Oct -2012 03- Oct -2012 03- Oct -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 05- Sep -2012 19- Sep -2012 19- Sep -2012 26- Sep -2012 05- Sep -2012 12- Sep -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 29- Aug -2012 05- Sep -2012 12- Sep -2012 26- Sep -2012 29- Aug -2012 12- Sep -2012 29- Aug -2012 26- Sep -2012 03- Oct -2012 29- Aug -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 26- Sep -2012 05- Sep -2012 26- Sep -2012 12- Sep -2012 29- Aug -2012 26- Sep -2012 29- Aug -2012 29- Aug -2012 26- Sep -2012 19- Sep -2012 05- Sep -2012 01 -Oct -2012 03- Oct -2012 12- Sep -2012 29- Aug -2012 Purpose MATERIALS CONSULTING SERVICES SERVICES MATERIALS SERVICES GRANT REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS SERVICES VEH ID# 202 VEH ID #155 SERVICES SERVICES SERVICES MATERIALS MATERIALS REFUND SERVICES CONTRACT SERVICES SERVICES SERVICES CONTRACT SERVICES SERVICES SERVICES CONTRACT SERVICES MATERIALS GRANT REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES VEH ID# 456 VEH ID# 682 GRANT GRANT GRANT MATERIALS MATERIALS MATERIALS MATERIALS VEH ID# 309 MATERIALS CONTRACT SERVICES 2012- 281 -12 SERVICES SERVICES SERVICES GRANT TRAVEUMILEAGE TRAVEL /MILEAGE PETTY CASH TRAVEL /MILEAGE SERVICES REMITTANCE SEPTEMBER PREMIUMS OCTOBER PREMIUMS SERVICES REMITTANCE FUEL Amount 1,691.61 1,764.00 594.73 2,556.51 2,690.81 20.00 112.99 1,290.47 1,281.15 737.89 502.01 903.15 3,832.67 1,546.41 3,681.54 150.00 135.59 62.55 47,155.35 2,936.59 427.99 1,017.00 10.43 22.45 3,457.80 282.50 2,373.00 85.94 72.83 14.00 50.85 21,818.04 94.48 167.29 1,546.13 77.12 1,130.00 6,160.42 3,085.00 231.62 750.00 150.00 909.65 2,351.48 1,058.97 150.00 1,584.83 143.27 230.26 33,202.33 2,741.67 33, 252.34 138.15 109.61 315.27 471.21 1,465.81 171.53 23,983.13 24.76 288.15 384.20 250.00 85.80 55.12 750.11 83.72 1,225.34 798.06 331,178.97 327,427.46 5,650.00 1,209.60 27,695.08 Page 12 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNSET MEMORIAL & STONE LTD. SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SURE -FIX FOOD EQUIPMENT SERVICE LTD T & M EXCAVATING TAB TALARIS CANADA INC TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TANASI,PAUL TAXITAB TEIBERT,GEORGE TELUS COMMUNICATIONS COMPANY TERANET INC THE REVIEW THOUGHTWARE INTERNATIONAL INC THYSSENKRUPP ELEVATOR TIKKY,MARIANNE TIKKY,MARIANNE TIM HORTONS STORE #30 TODD,JAMES TODD,KEN TOROMONT TOROMONT TOROMONT TOROMONT TOROMONT TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TRANSFORM - THE INSIDE OUTFITTERS TRANSFORM - THE INSIDE OUTFITTERS TREES UNLIMITED FORESTRY CONSULTANT TRENDLE,BEN TRENDLE,BEN TULK,AMANDA TWARDAWSKY,NICK UNISAN UNISAN UNITED LABORATORIES UNITED RENTALS UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V &S ENGINEERING GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VAIL,TIM VANCOR SUPPLY VICTORIA CENTRE BIA VIKING CIVES LTD VIKING CIVES LTD VOITH TURBO VOITH TURBO VOLUNTEER SQUARED W &T ENGINEERING & REAL ESTATE DEVELOPMENT SERVICE Ll WAJAX EQUIPMENT WAJAX POWER SYSTEMS WALK ON DUST CONTROL Cheque No. Cheque Date 357770 05- Sep -2012 357953 12- Sep -2012 357954 12- Sep -2012 358107 19- Sep -2012 358317 26- Sep -2012 358472 03- Oct -2012 358474 03- Oct -2012 357637 29- Aug -2012 357957 12- Sep -2012 358475 03- Oct -2012 357956 12- Sep -2012 358109 19- Sep -2012 357772 05- Sep -2012 358318 26- Sep -2012 357958 12- Sep -2012 357639 29- Aug -2012 358319 26- Sep -2012 357640 29- Aug -2012 357773 05- Sep -2012 357959 12- Sep -2012 358320 26- Sep -2012 358111 19- Sep -2012 357960 12- Sep -2012 357961 12- Sep -2012 358112 19- Sep -2012 358321 26- Sep -2012 357641 29- Aug -2012 357774 05- Sep -2012 357962 12- Sep -2012 357963 12- Sep -2012 358322 26- Sep -2012 357775 05- Sep -2012 357642 29- Aug -2012 357964 12- Sep -2012 358113 19- Sep -2012 358323 26- Sep -2012 358477 03- Oct -2012 357965 12- Sep -2012 357643 29- Aug -2012 357776 05- Sep -2012 357966 12- Sep -2012 357967 12- Sep -2012 357777 05- Sep -2012 357968 12- Sep -2012 358324 26- Sep -2012 357969 12- Sep -2012 357970 12- Sep -2012 358478 03- Oct -2012 357645 29- Aug -2012 358114 19- Sep -2012 357644 29- Aug -2012 358325 26- Sep -2012 357646 29- Aug -2012 358480 03- Oct -2012 357647 29- Aug -2012 358115 19- Sep -2012 358131 20- Sep -2012 358326 26- Sep -2012 358481 03- Oct -2012 357648 29- Aug -2012 358116 19- Sep -2012 358482 03- Oct -2012 357971 12- Sep -2012 358117 19- Sep -2012 358327 26- Sep -2012 357649 29- Aug -2012 357972 12- Sep -2012 357779 05- Sep -2012 358483 03- Oct -2012 358484 03- Oct -2012 357785 05- Sep -2012 357973 12- Sep -2012 357974 12- Sep -2012 357651 29- Aug -2012 Purpose FUEL FUEL VEH ID# VARIOUS FUEL FUEL FUEL MATERIALS MATERIALS MATERIALS MATERIALS FUEL MATERIALS CONTRACT SERVICES MATERIALS SERVICES VEH ID# 459 & 210 MATERIALS ADVERTISING ADVERTISING MATERIALS SERVICES MATERIALS SERVICES MATERIALS ADVERTISING CONSULTING SERVICES SERVICES PETTY CASH TRAVEL /MILEAGE MATERIALS TRAVEL/MILEAGE REFRIGERATON MATERIALS VEH ID# 203 VEH ID# 205 VEH ID# 205 VEH ID #1149 SERVICES TRAVEL/MILEAGE CONTRACT SERVICES MATERIALS VEH ID# 325 MATERIALS VEH ID# 592 TRAVEL/MILEAGE MATERIALS TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE CONTRACT SERVICES COURIER SERVICES CONSULTING SERVICES CONSULTING SERVICES REFUND CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES SERVICES TRAVEL /MILEAGE MATERIALS REMITTANCE BIA LEVY VEH ID #85 VEH ID# 86 MATERIALS MATERIALS SERVICES CONSULTING SERVICES VEH ID# 214 VEH ID# 541 SERVICES Amount 57, 723.69 40,836.18 1,870.69 61,578.46 40,562.77 47,430.27 33,894.35 935.87 428.30 99.29 55.38 122.04 7,966.50 136.54 235.89 26.04 982.59 820.38 226.00 150.00 4,479.25 150.00 2,240.63 10,000.00 5,696.92 583.31 461.04 195.60 53.67 62.33 64.28 689.11 484.07 6,031.12 280.58 996.62 385.33 140.40 1,966.20 1,836.25 1,918.40 470.08 60.00 45.00 400.00 117.52 824.90 1,031.13 768.11 157.17 2,179.05 7,013.19 26.59 41.05 9,831.00 10,749.01 33.90 23,259.85 1,124.35 56, 394.63 750.65 593.25 45.00 887.50 337, 500.00 2,788.86 1,114.70 1,400.28 398.68 197.75 900.00 184.07 1,413.57 246.22 Page 13 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WARCHALA,MICHAEL WARREN'S WATERLESS PRINTING INC WASTE MANAGEMENT WASTE MANAGEMENT WATKINSON,LAURIE WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHITE,DAVID WILCOX BODIES LTD WILLIAMS SCOTSMAN CANADA B9326 WILLICK,RONALD WILLICK,RONALD WILSON,STEVE WINDJACK,JIM WINGER,TERRI WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WITHERSPOON,VICKI WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WORK AUTHORITY WORLDWIDE TURF INC WRIGHT,DEBORAH WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YMCA YWCA ZAMBONI COMPANY LTD Cheque No. 357975 358119 358329 357650 358118 358328 358485 357976 357780 357652 358330 358486 357977 358331 358487 357781 358120 358488 358489 358332 357782 357653 358333 357979 358121 357654 358334 357655 358490 358122 357783 357980 358123 358335 358336 358337 358338 357981 357784 357982 358124 358125 358491 357656 358126 357983 357984 357657 357985 358127 358339 358492 358340 358341 Cheque Date 12- Sep -2012 19- Sep -2012 26- Sep -2012 29- Aug -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 05- Sep -2012 29- Aug -2012 26- Sep -2012 03- Oct -2012 12- Sep -2012 26- Sep -2012 03- Oct -2012 05- Sep -2012 19- Sep -2012 03- Oct -2012 03- Oct -2012 26- Sep -2012 05- Sep -2012 29- Aug -2012 26- Sep -2012 12- Sep -2012 19- Sep -2012 29- Aug -2012 26- Sep -2012 29- Aug -2012 03- Oct -2012 19- Sep -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 26- Sep -2012 26- Sep -2012 26- Sep -2012 12- Sep -2012 05- Sep -2012 12- Sep -2012 19- Sep -2012 19- Sep -2012 03- Oct -2012 29- Aug -2012 19- Sep -2012 12- Sep -2012 12- Sep -2012 29- Aug -2012 12- Sep -2012 19- Sep -2012 26- Sep -2012 03- Oct -2012 26- Sep -2012 26- Sep -2012 Purpose SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS SERVICES SERVICES TRAVEL /MILEAGE MPAC MEETING MATERIALS SERVICES SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS SERVICES SERVICES SERVICES REFUND MATERIALS SERVICES SERVICES GRANT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS GRANT MATERIALS MATERIALS SERVICES REMITTANCE REMITTANCE REMITTANCE PAYROLL REMITTANCE REMITTANCE PETTY CASH PETTY CASH SERVICES ADVERTISING CONTRACT SERVICES SERVICES SERVICES SERVICES HEATING COST SERVICES GRANT MATERIALS Amount 113.45 317.57 263.17 7,555.28 2,386.22 4,590.74 94.63 94.56 5,520.05 79.05 78.93 72.28 160.46 67.80 1,695.00 1,648.35 1,925.59 303.38 149.98 168.37 598.90 200.00 200.00 150.00 117.45 65.00 65.00 14,214.28 14,406.39 1,996.00 852.37 613.82 108.93 506.61 1,612.50 394.91 7,672.70 60.00 30,268.60 19,012.13 1,069.07 1,099.16 33, 214.44 383.93 362.38 163.85 172.67 4,410.28 4,580.03 1,455.51 442.29 5,891.01 4,277.75 398.89 Total 23,738,965.98 F- 2012 -47 Niagaraaalls October 23, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2012 -47 2011 Consolidated Financial Statements RECOMMENDATION For the information of the Council. EXECUTIVE SUMMARY The City's auditors, Crawford, Smith & Swallow has completed the audit of the financial statements for the year ending December 31, 2011. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City's Financial Information Return (FIR) submission to the Province of Ontario. The statements reflect the requirements of PSAB 3150 for capital asset accounting. LIST OF ATTACHMENTS The audited Financial Statements are attached for the year ended December 31, 2011. Recommended by: Respectfully submitted: TH /Iw Todd Hdrrison.'Director of Finance Ken odd, Chief Administrative Officer crawford smith] swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2011 crawford smithc& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2011 Table of Contents Page Independent Auditors' Report 1 - 2 Consolidated Statement of Financial Position 3 Consolidated Statement of Operations and Accumulated Surplus 4 Consolidated Statement of Cash Flows 5 Consolidated Statement of Change in Net Financial Assets 6 Notes to Consolidated Financial Statements 7 - 23 Schedule of Segmented Reporting 24 - 25 Schedules of Tangible Capital Assets 26 - 27 independent Auditors' Report - Trust Funds 28 - 29 Statement of Financial Position - Trust Funds 30 Statement of Financial Activities and Changes in Fund Balances - Trust Funds 31 Notes to Financial Statements - Trust Funds 32 - 33 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls. Ontario L2E 2M2 Telephone (905) 356 -4200 Telecapier (905) 356 -3410 Offices in: Niagara Falls, Ontario St Catharines, Ontario Furl Eri=_, Ontario Niagara -on the -Lake, Ontario Port Colborne, Ontario Crawford Smith c swallow INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario which comprise the consolidated statement of financial position as at December 31, 201 1, and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. 1 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2011, and the consolidated results of its operations, consolidated cash flows and consolidated changes in net financial assets for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 15. 2012 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2011 Financial Assets - note 7 Cash Investments - note 3 Taxes receivable - note 4 Accounts receivable User charges receivable Long -term receivables Note receivable - note 5 Long -term investment - note 5 Long -term investment - note 6 48;979,466 21,819,419 16,739,758 9;227,061 13,222,541 632,504 22,000,000 72,3 66;201 41,730 205,028,680 2010 38,786,223 26,620,875 18,113,208 8,291,224 13,381,989 698,678 22,000,000 70,239,385 300,040 198,431,622 Contingent Liabilities - note 15 Liabilities Temporary loan - note 7 Accounts payable and accrued liabilities Deferred revenue - obligatory reserve funds - note 8 Deferred revenue Other current liabilities Post - employment benefits - note 9 Net long -term liabilities - note 10 22,389;461 19,343,500 443,359 2,005,985 27,557,529 74,557,698 146,297,532 35,000,000 31,167,646 14,439,152 487,987 2,564,569 25,386,523 42,665,832 151,71 1 ,709 Net Financial Assets 58,731,148 46,719,913 Non- Financial Assets Tangible capital assets Inventories and prepaid expenses 648,981,351 629,561,282 1,604,836 923,223 650,586,187 630,484,505 Accumulated Surplus - note 11 709,317,335 677,204,418 Signed ehalfoithe Municipality: See accompanying notes Mayor Chief Administrative Officer craw£ord swath Z, swallow 3 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2011 Revenues Taxation - note 4 User fees and charges Government of Canada grants Province of Ontario grants Other municipal grants Provincial Offences Act Interest and penalties Investment income Casino and gaming revenues Change in Niagara Falls Hydro Holding Corporation net income - note 5 Niagara Convention & Civic Centre Inc. net Loss - note 6 Contributions from Obligatory Reserve Funds Other Gain (loss) on disposal of tangible capital assets Budget 2011 2010 $ $ S 61,014,911 64,699,084 61 ,848,050 49.385,151 50,249,379 47,787,268 2,500 10,841,019 15,425,679 2,597,702 16,336,712 5,409,539 1,922,079 374,042 180,000 319,927 273,554 3,146,000 2,723,963 2,758,471 1,920,000 3,121,311 2,968,552 3,000,000 3,000,000 2,633,333 2,126,816 2,305,047 (258,310) (1,053,214) 2,787,075 8.093,216 2,095,424 8,912,860 3,606,583 123,341,688 (3,817,214) 1.709,855 162,964,701 154,139,975 Expenses General government Protection to persons and property Transportation services Environmental services Health services Social and family services Recreation and cultural services Planning and development 15,251,454 18,448,564 21,713,453 31,902,625 1,349,550 15,213,093 5.304,753 109,183,492 1 I ,471,284 20, 315,681 32,420,013 39,390,882 1,384,202 902,971 19,546,353 5.420,398 130,851.784 11,347,508 19,922,190 32,287,904 37,782,553 1,41 1,723 853,262 16,295,814 52 54,591 125,155,545 Annual Surplus Accumulated Surplus, Beginning of Year Accumulated Surplus, End of Year 14,158,196 677,204,418 691,362,614 32,112,917 677,204,418 709,317,335 28,984,430 648,219,988 677,204,418 See accompanying notes crawford smith swallow 4 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2011 Operations Annual surplus 2011 2010 $ $ 32,112,917 28,984,430 Sources (Uses) Change in investments Change in taxes receivable Change in accounts receivable Change in user charges receivable Change in long -term receivables Change in inventories and prepaid expenses Change in temporary loans Change in accounts payable and accrued liabilities Change in deferred revenue - obligatory reserve funds Change in deferred revenue Change in other current liabilities Change in post - employment benefits 4,801,456 1,373,450 (935,837) 159,448 66,174 (681,613) (35,000,000) (8,778,185) 4,904,348 (44,628) (558,584) 2,171,006 (32,522,965) (72,980) (1,352,414) (2,044,208) (500,688) (176,300) 168,597 6,522,574 1,998,718 711,162 180,060 1,352,375 1,553,407 8,340,303 Non -cash charges to operations Amortization of tangible capital assets 17,985,205 16,148,575 Loss (gain) on disposal of tangible capital assets 3,817,214 (1,709,855) 21,802,419 14,438,720 Net increase in cash from operations 21,392,371 51,763,453 Capital Proceeds on disposal of tangible capital assets Acquisition of tangible capital assets 1,540,731 2,028,812 (42,763,219) (74,868,765) Net decrease in cash from capital activities (41,222,488) (72,839,953) Investing Change in Niagara Falls Hydro Holding Corporation equity Change in Niagara Convention & Civic Centre Inc. equity Net decrease in cash from investing (2,126,816) 258,310 (1.868,506) (2,305,047) 1,0532 14 (1,251,833) Financing Long -term debt issued Long -term debt repaid Net increase in cash from financing 36,588,755 (4,696,889) 31,891,866 15,929,441 (3.363,023) 12,566,418 Increase (Decrease) in Cash Position Cash Position, Beginning of Year Cash Position, End of Year 10,193,243 38,786,223 48,979,466 (9,761,915) 48,548,138 38,786,223 See accompanying notes crawford smith CZ swallow 5 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2011 Annual Surplus Acquisition of Tangible Capital Assets Amortization of Tangible Capital Assets Proceeds on Disposal of Tangible Capital Assets Loss (Gain) on Disposal of Tangible Capital Assets Change in Inventories and Prepaid Expenses Increase (Decrease) in Net Financial Assets Net Financial Assets, Beginning of Year Net Financial Assets, End of Year 2011 32,112,917 (42,763,219) 17,985,205 1,540,731 3,817,214 (681,613) 12,011,235 46,719,913 58,731,148 2010 28,984,430 (74,868,765) 16,148,575 2,028,812 (1,709,855) 168,597 (29,248,206) 75,968,1 19 46,719,913 See accompanying notes crawford smith Z, swallow 6 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality ") are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ( "PSAB ") of the Canadian Institute of Chartered Accountants with the exception of providing budget figures (note 17) (a) Basis of consolidation (i) These consolidated financial statements reflect the assets, liabilities, revenues and expenses of the operating fund, reserves, reserve funds and changes in investment in tangible capital assets. It includes the activities of all committees of council and the following boards, municipal enterprises and utilities which are under the control of council: Library Board Waterworks Operation Clifton Hill Business Improvement Arca Downtown Board of Management Faltsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Board of Museums - see note 18 Niagara Chair -A -Van Niagara Falls Hydro Holding Corporation Niagara Convention & Civic Centre Inc. The Niagara Falls Hydro Holding Corporation ( "NFHHC ") and Niagara Convention & Civic Centre Inc. ( "NCCCI ") are accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter - organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the annual income or Toss of NFHHC and NCCCI in its "Consolidated Statement of Operations and Accumulated Surplus" with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC and NCCCI will be reflected as reductions in the investment asset account. 7 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial - consolidated entity The following joint local board is proportionately consolidated. See note 14. Niagara District Airport Commission (Joint Board) (iii) Accounting for Region and School Board transactions The taxation, other revenues, expenses, assets and liabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated financial statements. (iv) Trust Bands Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the "Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund. Balances ". (b) Basis of accounting (i) Revenues and expenses are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Investments Investments consist of Government of Canada treasury bills and crown corporation bonds; provincial government bonds; and Canadian corporate bonds. Investments are recorded at the lower of cost plus accrued interest and market value. (iv) Non- financial assets Non - financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in non - financial assets during the year, together with the excess of revenues over expenses, provides the change in net financial assets for the year. (v) Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition, construction, development and/or betterment of the asset required to install the asset at the location. 8 Crawford smith A, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 201 1 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (v) Tangible capital assets - continued Amortization is recorded to reflect the cost, net of anticipated residual value, associated with the use of the asset in providing government services on a straight - line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for productive use, at which time they are capitalized. Gains and /or losses on the disposal of an asset is recorded on the "Consolidated Statement of Operations and Accumulated Surplus" as "gain /loss on disposal of assets ". Asset CIass Period General Assets Land - NIL Land improvements - 10 -60 years Buildings - 15 -100 years Furniture and equipment - 10 -25 years Vehicles 6 -25 years Infrastructure Environmental - 30 -100 years Roads - 10 -75 years Water - 15 -100 years Tangible assets received as contributions are recorded at their fair market value at the date of receipt and are also recorded as revenue. Similarly, transfers of assets to third parties are recorded as an expense equal to the net book value of the asset as of the date of transfer. The historical cost of works of art or historical treasures has not been assigned to these assets nor disclosed in the consolidated financial statements. (vi) Inventories Inventories are valued at average cost. (vii) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (viii) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, eligibility criteria are met, and reasonable estimates of the amounts can be made. 9 crawford smith Z. swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (ix) Use of estimates The preparation of the financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. 2. Operations of School Boards and the Region of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region of Niagara are comprised of the following: School Boards Region 2011 2010 2011 2010 $ $ $ $ Taxation and user charges 43.602,572 44,736,066 67,856,193 68,625,761 Payments -in -lieu of taxes 3,016 3,218 6,500,404 6,875,601 Amounts received or receivable 43,605,588 44,739,284 74,356,597 75,501,362 Requisitions 43,605,588 44,739,284 74,356,597 75,501,362 Overlevies (Underlevies) at the end of year 3. Investments Investments have a book value of S 21,819,419 ($ 26,620,875 - 2010) and a market value of $ 22,184,440 ($ 26,752,539 - 2010). 10 crawford smith C& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 201 1 4. Tax Receivables and Revenues Property tax billings are prepared by the Municipality based on an assessment roll prepared by the Municipal Property Assessment Corporation ( "MPAC "). The property tax receivables and tax revenue of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The Municipality has established an allowance for doubtful accounts in the amount of $ 920,000 (S 920,000 - 2010). The Province of Ontario instituted a mandatory capping program through the provisions of Bill 79, which limited assessment related increases to 10% in 1998, and an additional 5% in each of 1999 and 2000. Multi- residential, commercial and industrial property owners experiencing decreases were also capped at appropriate levels to fund the phasing -in of increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The legislation limits assessment related increases in property tax bills to 5%. 11 crawford smith a& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 5. Investment in Niagara Falls Hydro Holding Corporation Statement of Financial Position Current assets Capital assets Other assets 2011 42,756,369 118,142,647 3,823,691 2010 41,256,479 118,189,002 4,770,620 Total Assets 164,722,707 1 64,216,101 Current liabilities Other liabilities Dote payable Long -term debt Non- controlling interest - see below 33,278,50) 29,082,178 8,762,348 10,712,423 22,000,000 22,000,000 1 1,422,756 15,751,245 16,892,902 16,430,870 Total Liabilities and Other 92,356,506 93,976,716 Net Assets 72,366,201 70,239,385 Statement of Financial Activities Revenues 144,907, 374 135,653,360 Operating expenses 142,191,026 132,702,194 Net income before non - controlling interest Non - controlling interest - see below Net Income 2,716, 348 589,532 2,126,816 2,951,166 646,119 2,305,047 On January 1, 2008, Niagara Falls Hydro Inc. ( "NFHI ") acquired Peninsula West Utilities Limited ( "PWUL ") by way of amalgamation pursuant to a Merger Agreement dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ( "NPEI "). Niagara Falls Hydro Holding Corporation received 74.5% of the issued and outstanding common shares of NPEI. 12 crawford smith 6, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 3 l, 2011 6. Investment in Niagara Convention & Civic Centre Inc. Statement of Financial Position Current assets Capital assets 2011 2010 $ $ 2,051,267 1,589,978 3,389,852 112,309 Total assets Current liabilities Net Assets 5,441,119 1,702,287 5,399,389 1,402,247 41,730 300,040 Statement of Financial Activities Revenues 3,338,147 1,326,113 Operating expenses 3,596,457 2,379,327 Net Loss (258,310) (1,053,214) The Niagara Convention & Civic Centre Inc. (operating as Scotiabank Convention Centre) (the "Centre ") was incorporated in January, 2006 under the laws of the Province of Ontario. The Centre is owned 100% by the Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area. The Centre was organized to obtain financing for a convention and civic centre facility to be owned by the Corporation of the City of Niagara Falls, Ontario. The Centre operates the facility on a non - profit basis with any potential operating shortfalls or future capital requirements covered by a fund established primarily by the Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area, as well as the Corporation of the City of Niagara Falls, Ontario Victoria/Centre Business Improvement Area, the Niagara Parks Commission and the Niagara Falls Bridge Commission. The Centre opened on April 8, 2011. 13 crawford smith 681 swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 201 1 6. Investment in Niagara Convention & Civic Centre Inc. - continued The Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area is committed to funding the Centre $ 15,000,000, the Corporation of the City of Niagara Falls, Ontario Victoria/Centre Business Improvement Area is committed to funding the Centre $1,500,000, the Niagara Parks Commission is committed to funding the Centre $ 375,000, subject to certain criteria being met on an annual basis and the Niagara Falls Bridge Commission is committed to funding the Centre $ 125,000. All amounts are payable over fifteen years. The construction of the Centre has a budget of $ 84,600,000. This is to be funded through grants to be received from various sources. $ 35,000,000 was committed and received from the Federal Government as at December 31, 2011 (2010 - $ 28,938,025). $ 35,000,000 was committed and received from the Province of Ontario and $ 14,600,000 was received from Fallsview Management Corporation, both, as at December 31, 2009. See note 15. 7. Credit Facilities The Municipality has an authorized operating loan due on demand of $ 15,500,000 ( "Facility #1 ") hearing interest at prime less 0.5% to assist with general operating requirements and to finance current expenditures. An authorized revolving term loan due on demand of $ 35,000,000 ( "Facility #2 ") bearing interest at 2.18% to assist in financing construction of a new four pad arena complex. A credit facility of $ 2,000,000 ( "Facility #3 ") related to commercial cards & /or Scotia VISA business cards whose availment and interest rate are per cardholder agreement. An authorized revolving term loan due on demand of $ 1,000,000 ( "Facility #4 ") bearing interest at prime less 0.25% to assist in financing the Community Improvement Program. As at December 31, 2011, $ Nil has been drawn on Facility's #1, #2 and #4. All credit facilities are secured by a borrowing by- law /resolution(s) containing a pledge of revenues and a general security agreement. 8. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2011 2010 $ $ 2% Parkland dedication 1,130,547 1,166,525 Public purpose 561,425 408,778 Federal gas tax rebate - transit 4,127,166 2,248,284 Provincial gas tax rebate - transit 947,387 347,923 Discounted development charges 2,449,109 2,133,978 Non- discounted development charges 10,127,866 8,133,664 19,343,500 14,439,152 14 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 9. Post - Employment Benefits Post - employment benefits Accumulated sick leave WSIB - Schedule I1 future liability Vacation pay 2011 2010 $ $ 17,317,460 16,270,617 4,456,464 4,340,859 4,262,884 3,309,257 1,520,721 1,465,790 27,557,529 25,386,523 Post - Employment Benefits and Accumulated Sick Leave The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post - retirement costs in the period in which the employees renders the services. As a result of actuarial valuations on post - employment benefits, it was determined that actuarial lass of $ 3,072,681 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 2,071,932. The actual obligation is $ 19,389,392. Under the Municipality's sick leave benefit plan, unused sick leave can accumulate and employees may become entitled to a cash payment when they leave the Municipality's employment. As a result of actuarial valuations on the accumulated sick leave liability, it was determined that actuarial loss of $ 264,175 existed. This amount is being amortised over the expected average remaining service lives of several employee groups. The unamortized value is $ 237,218. The actual obligation is $ 4,693,682. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2011 is $ 1,282,574 ($ 1,236,421 - 2010). The liabilities for post - employment benefits and accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 4.75% and an inflation rate of 3 %. Workplace Safety and Insurance Board - Schedule 1I Future Liability The Municipality has elected to he treated as a Schedule 1I employer and as such, is required to remit payments to the Workplace Safety and Insurance Board ("WSIB ") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 4.75% and an inflation rate of 3 %. As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 3,329,097 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 3,034,292. The actual obligation is $ 7,297,176. A reserve fund has been established for this liability, The balance as at December 31, 201 1 is $ 855,335 ($ 786,217 - 2010). The next valuation for all benefit groups is for the year ending December 31, 2014. 15 crawford smith C&, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 9. Post - Employment Benefits - continued Vacation Pay As at December 31, 2011, employees of the Municipality have accumulated vacation pay credits in the amount of $ 1,520,721 ($ 1,465,790 - 2010). Any unused credits may be carried forward to future years. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ( "OMERS "), which is a multi- employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2011 was $ 3,134,758 ($ 2,761,629 - 2010) for current services. 10. Net Long -Term Liabilities (a) The balance of net long -term liabilities reported on the "Consolidated Statement of Financial Position" is made up as follows: Total long -term liabilities incurred by the Municipality including those incurred on behalf of school boards, other municipalities and municipal enterprises and outstanding during the year is 2011 2010 $ $ 74,557,698 42,66.5,832 Net long -term liabilities, end of year 74,557,698 42,665,832 (b) Of the net long -term liabilities reported in (a) of this note, principal payments are due as follows: 2012 5,171,1 13 2013 4,996,611 2014 4,718,011 2015 4,404,599 2016 4,403,284 Thereafter 50,864,080 16 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 10. Net Long -Term Liabilities - continued (c) The long -term liabilities in (a) issued in the name of the municipality have received approval of the Ontario Municipal Board for those approved on or before December 31, 1992_ Those issued after January 1, 1993 have been approved by by -law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of $ 3,340,260 ($ 1,703,704 - 2010) are included on the "Consolidated Statement of Operations and Accumulated Surplus ", classified under the appropriate functional expense heading. 11. Accumulated Surplus Invested in tangible capital assets Operating fund Reserves and reserve funds Niagara Falls Hydro Holding Corporation net equity Niagara Convention & Civic Centre Inc. net equity 2011 2010 $ 5 665,668,009 602.795,762 6,686,901 6.400,904 44,669,721 43,5 20,682 94,366,201 92,239,385 41,730 300,040 81 1,432,562 745.256.773 Amount to be recovered - post - employment benefits Amount to be recovered - net Tong -term liabilities (27,557,529) (25,386,523) (74,557,698) (42.665,832) 102,1 15,227) (68,052,355) 709,317,335 677,204,418 17 crawford smith Z, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 11. Accumulated Surplus - continued (al Operating fund balance For general reduction of taxation For general reduction of user charges respecting waterworks For general reduction of user charges respecting sewers For general use by Library Board For general use by the Business Improvement Areas For general use by the Board of Museums For general use by Airport Commission 2011 2010 $ $ 935,055 657,814 848,829 886,485 1,757,101 1,669,442 232,605 146,239 2,831,846 2,577,337 275.530 81,465 188,057 6,686,901 6,400,904 (b) Reserves and reserve fund balances Reserves set aside by council for specific purposes: Special purposes Working capital Water capital Sewage capital 2011 2010 $ $ 21,264,815 18,635,837 265,000 265,000 947.163 947,163 6.306.587 2,568,532 Total Reserves 28,783,565 22,416,532 18 Crawford smith 21 swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 201 1 11. Accumulated Surplus - continued {b) Reserves and reserve fund balances - continued Reserve Funds set aside by council for specific purposes: Licence agreements - 40 years 31,916 35,312 Sick leave liability 1,282,574 1,236,421 Lundy's Lane Battlefield debt retirement 15,947 WS LB - Schedule II 855,335 786,217 Recreation trail development 78,220 73.071 Capital /Operations see note 13 7,169,665 7,155,847 Tree planting - developers 29,712 1,285 Park development 239 17,483 Sewer and water impost 1,439,951 1,388,046 Expansion and renewal 249,906 238,902 Drainage 691,318 667,305 Prepaid works projects contributions 218,737 210,859 Sidewalk construction 56,881 344,073 Future municipal works 893,254 8-61,048 Lot drainage 175,115 168,861 Library funds 982,477 978,891 Sanitary 425,734 410,445 Sports fund 5,069 4,960 Projects - special needs children 16,170 15,642 Parking 524,835 585,705 Collins /'Thy debt retirement 11,020 Coat of Arm's 2,334 2,286 Lundy's Lane business improvement purposes 117,056 117,056 Board of Museum purposes 171,968 171,967 Niagara Tunnel Community Improvement 149,065 147,331 Water patrol boat 33,657 32,470 Branscombe Family Grant 3,817 3,734 Convention Centre 5,161,887 Fire department radios debenture 42,131 48,479 Fire department aerial firetruck debenture 123,216 140,250 Niagara Sports Foundation 228 356 Chippawa Arena debenture surplus 34,250 38,306 Kalar Park turf debenture surplus 81,326 32,688 2011 2010 $ 8 Total Reserve Funds 15,886,156 21,104,150 Total Reserves and Reserve Funds 44,669,721 43,520,682 19 crawford smith Z. swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 11. Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity 2011 2010 $ $ Niagara Falls Hydro Holding Corporation net equity 94,366,201 92,239,385 (d) Niagara Convention & Civic Centre Inc. net equity Niagara Convention & Civic Centre Inc. net equity 2011 2010 $ $ 41,730 300,040 12. Trust Funds Trust funds administered by the Municipality amounting to $ 3,106,608 ($ 3,017,949 - 2010) have not been included in the "Consolidated Statement of Financial Position" nor have their operations been included in the "Consolidated Statement of Operations and Accumulated Surplus ". 13. Contractual Obligations and Commitments Capital Expenditures The estimated future capital expenditures based on projects in progress at December 31, 2011 is approximately $ 79,008,479 ($ 38,111,543 - 2010) after deducting the expenditures incurred as at December 31, 2011. These projects will be financed by grants, subsidies and long -term liabilities in future years, International. Railway Bridge The Municipality, as a condition of the purchase of the CNICP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by December 2016. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN /CP prior to December 2016. The Municipality has set aside a reserve fund (Capital /Operations) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN /CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until December 2016. Loan Guarantee In 2010, the Municipality guaranteed a $ 400,000 line of credit for the Winter Festival of Lights. This credit is to be reduced by $ 100,000 annually beginning in 2011 and each year thereafter. The line of credit as at December 31, 2011 is $ 300,000. 20 crawfond smith A. swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 14. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2011 2010 $ $ Niagara District Airport Commission 89,291 89,291 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 36%. 15. Contingent Giabilities Legal The Municipality has been named as one of several defendants in a legal action seeking $ 20,000,000 for loss or damage to property and lost revenue. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 15,000,000. The Municipality is also being sued for aggravated and punitive damages in the amount of $ 5,000,000. There is no insurance coverage for punitive damages. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. The Municipality has been named as one of several defendants in a legal action seeking $ 21,200,000 for general and special damages. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 20,000,000. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. No provision for possible loss has been included in these consolidated financial statements. As at December 31, 2011, the Municipality has certain other legal claims outstanding. It is management's assertion that adequate defences and insurance coverages are in effect for the settlement of these claims, if necessary. Niagara Convention & Civic Centre Inc. ( "Scotiabank Convention Centre ") The City must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty five years from the date of completion of the Scotiabank Convention Centre, the City proposes to sell, lease, encumber or otherwise dispose directly or indirectly, of any part of the Scotiabank Convention Centre. The City is contingently liable for a proportionate amount of funds contributed by the Government of Canada and the Province of Ontario. 21 crawforri smith & swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 16. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government. The mandate of this functional area is to provide political governance, administrative executive management and those expenses and revenues which are corporate in nature and cannot be easily apportioned to other departments. Reported in this functional area are departments such as Council, Clerks, CAO, Finance, Human Resources, Legal, Information Systems and Capital Assets. Protection Reported in this functional area are Fire and Building Services. The mandate of Fire Services is to provide emergency services through a range of services to protect the lives and property of the inhabitants of the Municipality. The mandate of Building Services is to inform and assist customers to ensure safe and orderly development and provide efficient delivery of building approvals, inspections and management systems. Transportation Reported in this functional area are Roads and Works and Transit Services. The mandate for Roads and Works is to provide quality road and traffic maintenance and operations to the residents and businesses of the Municipality. This area is also responsible for winter control. The mandate of the Transit is to provide a safe, reliable, convenient and efficient public transportation system within the urban area. Environment Reported in this functional area are Sanitary, Storm and Water Systems. The mandate is to provide a safe and reliable water resource system and is responsible for the maintenance and operation of the systems and monitoring and administering environmental programs. Health Reported in this area is Cemetery Services. The mandate is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks department is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture departments are responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. 22 crawforri smith 6& swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2011 16. Segmented Reporting - continued Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development department is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenues and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note 17 for a discussion on the budgeted figures provided. 17. Budget Figures The approved operating budget for 2011 is reflected on the "Consolidated Statement of Operations and Accumulated Surplus ". These numbers have not been audited hut are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project- oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected. Budget figures have been reclassified. to comply with PSAB reporting requirements. 18. City of Niagara Falls Board of Museums Effective February 28, 2011, the City of Niagara Falls Board of Museums was dissolved. The operations were then taken over by the Municipality 23 crawford smith swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 201 1 Revenues Taxation User fees and charges Government grants Other Government business enterprises Gain (loss) on disposal of tangible capital assets General Government 2011 Budget 61,014,911 610,110 2,270,200 8,200, 500 General General Government Government 2011 2010 Actual Actual 5 5 64,699,084 829,190 8,175,785 11,571,529 1,868,306 (4,256.668) 61,848,050 878,048 16,589,735 9,431,519 1 251,833 Protection 2011 Budget Protection 2011 Actual Protection Transportation TransportationTransportation Environment Environment Environment 2010 2011 2011 2010 2011 2011 2010 Actual Budget Actual Actual Budget Actual Actual 5 8 8 5 5 $ 5 1,584,'132 1,371,369 1,273,188 54,825 70,051 483,106 . (1294881 • 4,413,440 65,000 1,400,667 4,955,253 18,139,457 3,064,961 4,146,227 3,082,439 7,035,186 7 731 741.607 9)9,140 40,383 097 3,000 40,490,773 1,998 4,770,941 38,990,901 2,212 958,522 3.100 74,251 72,095,721 82,887,426 90,482,291 1,584,732 1,296,906 1,350,970 5,879,107 26,921,278 15,222,992 40,386,097 45,266,812 40,025,886 Expenditures Salaries and wages Operating materials and supplies Contracted services Rents and financial expenses Interfunctional transfer External transfer Amortization Debt service 8,921,166 8,892,404 8,583,730 16,789,620 16,702,984 16,497,495 13,323,043 14,931,017 14,077,887 3,508,200 3,436,697 3,520,746 5,096,123 4,122,682 3,833,504 8 22,424 1,038,456 1,546,375 5,237,669 5,831,710 6,386,481 938,578 1,261,523 1,350,023 751938 1,183,359 1,298,539 525,562 550.806 73,909 2,806,713 3,353,226 3,220,009 26,406,603 26,238,935 24,945,661 420,100 198,827 194,851 101,500 78,473 131,674 25,052 29,656 35,249 386,500 315,317 215,548 - (3,703,865) (3.252.888) - 1,035,736 491,642 1,811,228 1,950,144 432,524 388,898 8 000 500 4.365 452,542 22,323 103,296 - 730155 622,201 674,201 503,758 6,143,886 6,158,687 - 7,057,883 7036,612 54 49,222 53.25n 209,458 2350123 224,795 320,976 296,967 356151 662.744 648,003 325,065 15,251,454 11,471,284 11,347,508 18,448,564 20,315,681 19,922,190 21,713,453 32,420,013 32,287,904 31,902,625 39,390,882 37,782,553 Annual Surplus (Deficit) 56,844,267 71,416,142 79,134,783 (16,863,832) (19,018,775) (18,571,220) (15,834,346) (5,498,735) (17,064,912) 8,483,472 5,875,930 2,243,333 See accompany Inv notes (ratz lord smith C& swallow 24 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULE OF SEGMENTED REPORTING for the year ended December 31, 2011 Recreation/ Recreation/ Recreation/ Planning/ Planning/ Planning/ Health Health Ilealth Culture Culture Culture Development Development Development Total Total Total 2011 2011 2010 2011 2011 2010 2011 2011 2010 2011 2011 2010 Budget Actual Actual Budget Actual Actual Budget Actual Actual Budget Actual Actual 5 5 5 5 5 I 5 5 $ 5 $ $ Revenues Taxation - - - - - - 61,014,911 64,699,084 61,848,050 User fees and charges - 527,765 395,928 2,178,046 1,801,106 1,837,673 215,726 273,723 262,303 49,385,151 50,249,379 47,787,268 Government, grants - - 205,002 2,934,849 1,521,716 60,000 147,648 13,158 2,600,202 29,419,737 21,209,260 Other - 184,111 138,592 737,257 889,185 2,497,646 - 9,657 202,193 10,341,424 20,545,209 20,333,709 Govemment business enterprises - - - - - 1,868,506 1,251,833 Gain (loss) on disposal of (angble capital asses - 136.701 180.771 1311,885) 4,856 (5811 (3,817,214) 1,709,855 848,577 718,291 3,120,305 5,313,255 5,861,891 275,726 430,447 477,654 123,341,688 162,964,701 154,139,975 Expenditures Salaries and wages 1,037,050 1,316,267 1,328,598 8,885,067 8,454,668 8,091,144 1,730,675 1,842,928 1,713,960 54,194,821 55,576,965 53,813,560 Operating materials and supplies 150,900 256,985 223,303 3,006,289 4,697,715 4,808,669 128,010 88,742 82,679 15,379,993 17,297,813 18,231,034 Contracted services 97,900 101,983 90,640 498,843 498,474 220,069 763,050 767,099 73,373 31,850 609 32,693,884 29,922,200 Rents and financial expenses 13,700 30,831 22,192 114,139 104,902 97,313 39,000 213,978 358,265 1,099,991 971,984 1,055,092 Interfunctional transfer • 109,586 99,434 - 301,251 318,333 - 15,540 4,437 - External transfer 50,000 419,083 448,983 414,424 123,521 320,371 2,644,018 2,420,246 2,951 823 3,116,442 2,985,673 4,281,380 Amortization 52;438 51,835 3,254,777 1,705,428 - 71,865 70,054 - 17,985,205 16,148,575 Debt service 2294331 2,111045 734,487 - 3.541,636 3,340,260 1,703,704 1,349,55(1 2,287,173 2,264,985 15,213,093 19,546,353 16,295,814 5304,753 5,420,398 5,254,591 109,183,492 130,851,784 125,155,545 Annual Surplus (Deficit) (1,349,550) (1,438,596) (1,546,694) (12,092,788) (14,233,098) (10,433,923) (5,029,027) (4,989,951) (4,776,937) 14,158,196 32,112,917 28,984,430 See accumpanging notes crawfo d smith swallow 25 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2011 Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value General Land 6,395,850 10,421,727 2 16,817,575 16,817,575 Land improvements 9.952,907 6,759,123 64,647 16,647,383 3,751,027 508,213 64,647 4,194,593 12,452,790 Buildings 74,348,850 71,422,158 I 145,771,007 16,955,557 2,260,289 1 19,215,845 126,555,162 Furniture and equipment 9,564,022 7,611,631 438.037 16,737,616 4,361,144 1,462.253 421,203 5,402,194 11,335,422 Vehicles 32,776,953 1,491.231 1,227,161 33,041,023 18,013,538 2,254,980 1,218,073 19,050,445 13,990,578 133,038,582 97,705,870 1,729,848 229,014,604 43,081,266 6,485,735 1,703,924 47,863,077 181,151,527 Infrastructure Environmental 408,760,713 2,364,475 7,285 411,117,903 132,685,287 5,235,419 4,512 137,916,194 273,201,709 Roads 172,748,198 1,000,727 530,882 173,218,043 89,069,964 4,512,794 329,985 93,252,773 79,965,270 Water 107,752,194 2,020,160 164,784 109,607,570 38,739,775 1,751,257 152,953 40,338,079 69,269,491 589,261,105 5,385,362 702,951 593,943,516 260,495,026 11,499,470 487,450 271,507,046 422,436,470 Work in Progress December 31, 2011 110,837,887 37,495,070 102,939.603 45,393,354 45,393,354 933,137,574 140,586,302 105,372,402 968,351,474 303,576,292 17,985,205 2,191,374 319,370,123 648,981,351 See accompanying notes crawford smith 6&, swallow 26 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO SCHEDULES OF TANGIBLE CAPITAL ASSETS for the year ended December 31, 2011 Cost Accumulated Amortization Balance, Balance, Balance, Balance, Net Beginning of End of Beginning of End of Book Year Additions Disposals Year Year Amortization Disposals Year Value $ $ $ $ $ $ $ $ General Land 2,962,498 3,718,353 285,001 6,395.850 6,395,850 Land improvements 7,530,498 2,467,924 45.515 9,952,907 3,487,221 308,411 44,605 3,751,027 6,201,880 Buildings 40,407,376 33,941,474 74,348,850 15,992.964 962,593 16,955,557 57,393,293 Furniture and equipment 7,224,490 2,701,816 362,284 9,564,022 3,722,905 1,000,523 362,284 4,361,144 5,202,878 Vehicles 32,501,011 978,734 702,792 32,776,953 16.425,415 2.285.360 697,237 18,013,538 14,763,415 90,625,873 43,808,301 1,395,592 133,038,582 39,628,505 4,556,887 1,104,126 43,081,266 89,957,316 Infrastructure Environmental 397,139,298 11,621,415 408,760,713 127,469,454 5,215,833 132,685,287 276,075,426 Roads 171.682,162 1,158,387 92,351 172,748,198 84,498,819 4,642,960 71,815 89,069,964 83,678,234 Water 106,925,710 840,646 14,162 107,752,194 37,014,087 1,732,895 7,207 38,739,775 69,012,419 106,513 589,261,105 248,982,360 11,591,688 79,022 260,495,026 428,766,079 Work in Progress 575,747,170 93,397,871 13,620,448 17,440,016 110,837.887 110,837,887 December 31, 2010 859,770,914 74,868,765 1,502,105 933,137,574 288,610,865 16,148,575 1,183,148 303,576,292 629,561,282 See accompanying notes crawforrl smith & swallow 27 Crawford. Smith and Swallow Chartered Accountants LLP 4741 Cueen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopler(905) 3563410 Offices in Niagara Falls, Ontario St Catharines, Ontario Fort Erie Ontario Niagara -on- the -Lake, Ontario Port Colborne. Ontano crawford srn th Z, swallow INDEPENDENT AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario We have audited the accompanying financial statements of the trust funds of the Corporation of the City of Niagara Falls, Ontario, which comprise the statement of financial position as at December 31, 2011 and the statement of financial activities and changes in fund balances for the year then ended and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error, Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 28 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the trust funds of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2011 and the continuity of trust funds for the year then ended in accordance with Canadian public sector accounting standards. Niagara Falls, Ontario October 15. 2012 CRAWFORD, SMITH AND SW`AI,LOW CHARTERED ACCOUNTANTS LIT LICENSEE) PUBLIC ACCOUNTANTS 29 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 201 1 Assets Cash Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ S 542,476 530,251 12,225 Investments - note 2 Federal 690,701 690,701 Provincial 1,202,157 1,202,157 Corporate 823,583 822,383 2,716,441 2,715,241 1,200 1,200 3,258,917 3,245,492 13,425 Liabilities and Fund Balances Due to operating fund Fund balances 152,309 3,106,608 157,836 (5,527) 3,087,656 18,952 3,258,917 3,245,492 13,425 See accompanying notes crawford smith A, swallow 30 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2011 Balance, Beginning of Year Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ 3,017,949 18,082 2,986,457 13,410 Receipts Brock University Students' Union 5,757 Cemetery lot receipts 101,199 Interest 168,089 275,045 211 211 101,199 165,766 266,965 5,757 2,112 7,869 Expenditures Bank charges 2,111 1 2,110 Cemetery care 165,766 165,766 Transfer to operating fund 18,509 18,292 217 186,386 18,293 165,766 2,327 Balance, End of Year 3,106,608 3,087,656 18,952 See accompanying notes crawford smith a. swallow 31 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2011 1. Significant Accounting Policies The financial statements of the Municipality's trust funds are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ( "PSAB'') of the Canadian Institute of Chartered Accountants. Basis of accounting Revenues and expenses are reported on the accrual basis of accounting. 2. Investments Trust fund investments of $ 2,716,441 ($ 2,588,304 - 2010) are recorded on the "Statement of Financial Position" at the lower of cost or market. The market value as at December 31, 2011 is $ 2,925,853 ($ 2,719,791 - 2010). 3. Ontario Home Renewal Program Per approval of the Ministry, the program was considered closed and remaining funds in the amount of $ 18,292 were transferred to the City operating fund. 32 crawford smith 21 swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2011 4. Other Trust Funds 2011 2010 S Trust for land sales 215 Brock University Students' Union 5,757 Rigg Estate 500 500 W. L. Doran Estate 1,000 1,000 Moore Estate 1,200 1,200 McNiven Estate 500 500 McDonald Estate 400 400 Woodruff Estate 8,295 8,295 Coulsen Estate 300 300 Wilson Estate 500 500 C. J. Doran Estate 500 500 18,952 13,410 33 crawford smith Z. swallow HR- 2012 -07 Niagaraaalls October 23, 2012 C \ V \ D .\ REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources Department SUBJECT: HR- 2012 -07 Agent of Record (Benefits Broker) RECOMMENDATION That Council approve Mosey -Mosey Benefits Consultants as the recommended Agent of Record (Benefits Broker), for the City of Niagara Falls employee group benefits for up to a five (5) year contract period, commencing January 1, 2013. EXECUTIVE SUMMARY The City of Niagara Falls recently invited proposals (RFP) from qualified Agents of Record (Benefits Brokers), to provide consulting services and act as the Agent of Record for the City's employee group benefits. The purpose of this RFP is to merge two (2) separate brokerage accounts into one, providing better competitive pricing, cost savings and organizational efficiencies. BACKGROUND At present, the City provides employee group benefits (dental, health /wellness, life and long term /short term disability benefits), through two (2) Insurance carriers (Sunlife and Empire Life). This includes full time, and part time staff, three (3) collective bargaining units (CUPE Local 133, Amalgamated Transit Union and the Niagara Falls Professional Fire Fighters Association), as well as Retirees, and Council Members. With the amalgamation of Niagara Transit a few years ago, there are also currently two (2) different brokerage firms (one for each carrier) managing these accounts. The role of the brokerage firm is to provide advisory services which include, but are not limited to: budget support, benefit cost containment solutions, service help desk, conduct market reviews and recommendations on plan design, insurance carrier selection, promote various health and wellness initiatives, provide research and analysis support during contract negotiations, and provide quarterly bench - marking statistical data. ANALYSIS / RATIONALE In selecting the preferred consultant of choice for this RFP, the City established an Evaluation & Selection Committee to review and interview eight (8) brokerage firms. The committee was made up of four (4) internal staff members (3 Senior Staff and 1 Manager), and one external representative with an extensive background in the administration of employee group benefits within the public sector. October 23, 2012 - 2 - HR- 2012 -07 All eight (8) candidates were allotted 20 - 30 minutes for their presentation in which they were requested to highlight the following to the Committee: Outline their company's commitment to customer service. Highlight their company's key consulting services, and discuss any value -added services their firm may offer to the City. Explain how these services would benefit the City of Niagara Falls. Following the presentations from all eight (8) consulting firms, the committee had a set of interview questions that were asked to each of them. The questions were the same for all eight (8) consultants and based on criteria outlined from the City in the RFP. The scoring criteria that were established in the RFP document (Section 4 of RFP 40 -2012) were shared with prospective bidders. This criterion essentially highlighted how the bidders would be evaluated for their submissions. In total, the weighting point system was based on 100 points. The chart below which represents the scoring system for this RFP: Esaluatiun Description Weighting Points Prior Experience of Proponent in performance of similar work 20 Experience, qualifi cations, availability of specified team leaders and members 15 Total Fees stated per Fee Structure . in Section 3.8 30 Reference Checks by the City. Both oral (telephoned and written checks conducted by the City shall be binding on the Proponent. 5 Demonstrated understanding of scope of work and the Proponent's stating in detail of the Proponent's methodology and approach 20 Interview with Proponent and Presentation by Proponent during an interview. 10 Total Weighting Points 100 The Evaluation & Selection Committee unanimously scored Mosey - Mosey Benefits Consultants with the highest ranking. This firm was also the lowest bidder of the eight (8) consulting firms over a five (5) year contract period. This firm is a recognized leader in the business, serving over150 municipalities across Ontario, including the Town of Niagara on the Lake, Grimsby, the City of Thorold, as well as the Niagara Regional Police Service and the District School Board of Niagara. FINANCIAL IMPLICATIONS The current annual premium paid out to the two insurance carriers is currently $4,199,771.00 (i.e., Sunlife - $3,713,030.00 and Empire Life - $486,741.00). The total brokerage fee's between the two (2) Agent of Records amounts to $148,511.00. Ball Harrison and Hansell are receiving $134,878.00 (approximately 3.5% of Sunlife's annual premium), and Condotta - Merrett and Company are receiving $13,633.00 (approximately 2.8% of Empire Life's annual premium). Below, are the quotes received from all eight (8) consulting firms bidding on this five (5) year contract as the Agent of Record. October 23, 2012 - 3 - HR- 2012 -07 FIRMS $ PRICING 1. Mosey & Mosey $21,000 per year 2. Ball, Harrison & Hansell $25,000 per year 3. Buffett Taylor & Associates $30,000 per year 4. Young's Insurance $30,000 per year 5. Morneau - Sheppell $39,800 per year 6. Condotta - Merrett & Company $45,000 per year 7. Wentworth - Cowan Insurance $52,000 per year 8. Buck Consultants $67,600 per year Based on the above schedule of fees' and by consolidating the brokerage consulting business, the City can achieve significant savings in annual brokerage fees. By selecting Mosey - Mosey Benefits Consultants as the sole Agent of Record, the City will be paying approximately 0.5% of its total premiums, which will result in reduced fees of $21,000 versus $148,741 per annum. Moreover, this will result in a savings of $127,511 annually in brokerage fees and will also ensure the City will be getting the most value and customer service from its Agent of Record. Recommended by: Respectfully submitted: Trent Dark, Dire r of Human Resources Ken Todd, Chief Administrative Officer MW- 2012 -48 Niagaraaalls October 23, 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 -48 Extension of Licensing Agreement M.F. Ker Park - Offsite Parking RECOMMENDATION 1. That City Council approve the five -year extension of a license agreement to use Hydro One lands adjacent to M.F. Ker Park, and 2. That the Mayor and Clerk be authorized to sign the corresponding documentation. EXECUTIVE SUMMARY The City has a license agreement with the Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in Right of Ontario, as represented by The Minister of Public Infrastructure Renewal, for the purpose of vehicle parking and recreational uses at the M.F. Ker Park. The new agreement covers a total of 2.870 acres at a cost of $8,766 for the annual Licence Fee. The new term for the M.F. Ker Park Agreement is five years, commencing January 1, 2013 and terminating December 31, 2017. A fee is established when the use of hydro property, for the purpose of a parking lot, is more than 10% of the leased land. In the case of Ker Park, the parking lot covers approximately 80% of the leased property. BACKGROUND M.F. Ker Park was first established in 1960. The City has leased the adjoining hydro property for the purpose of vehicle parking since 1976. M.F. Ker Park is one of many city wide sports venues which are heavily used by ball and soccer leagues as well as tournaments. The park consists of 16.88 acres and is located in the area of Sinnicks Avenue and Swayze Street. It is a popular city wide sports park comprising of four senior ball diamonds (one lit) and a senior soccer pitch with additional amenities such as two tennis courts, and a concession building with change rooms. The leased hydro lands supplement two parking lots, allowing for approximately 150 additional parking spaces. The two City parking lots provide parking for approximately 20 vehicles at the Sinnicks Avenue entrance and 35 vehicles at the Swayze entrance. October 23, 2012 ANALYSIS /RATIONALE - 2 - MW- 2012 -48 The M.F. Ker Park is heavily used for league play and tournaments. The 150 additional parking spaces on hydro property are required due to the extensive use of the park and limited City owned parking spaces to accommodate the parking. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The previous annual fee for the hydro property lease agreement was $7,980. The renewal fee of $8,766, for the purpose of vehicle parking on hydro property, will be reflected in the 2013 Operating Budget. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with Council's Strategic Priorities of ensuring awareness and opportunities for active living by providing accessible recreation facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. M.F. Ker Park Location Plan Recommended by: Respectfully submitted: Geoff Holman /Cynthia Roberts Geoff Holma , Director of Municipal Works Ken Todd, Chief Administrative Officer MW- 2012 -49 Niagara& lls October 23, 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 -49 Contract # 2012 - 288 -12 Neighbourhood Park Improvement Project Mount Carmel Park and Valour Park RECOMMENDATION 1. That the tender from Stevensville Lawn Service Inc. (2821 Stevensville Road, Stevensville ON. LOS 1S0) for the Neighbourhood Park Improvement Project, Mount Carmel Park and Valour Park in the amount of $188,195.00 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is necessary to complete major maintenance upgrades to the play spaces at Mount Carmel Park and Valour Park. Work will include playground area refurbishment, concrete curbing, asphalt paving, tennis court rehabilitations, basketball court refurbishment, grading /drainage work and related landscaping. Staff is recommending Contract #2012 - 288 -12 Neighbourhood Park Improvement Project, Mount Carmel Park and Valour Park be awarded to the low bidder, Stevensville Lawn Service Inc. The contract value is within budget forecasts. BACKGROUND Through the 10 year needs assessment, the requirements of major maintenance upgrades to the play spaces at 37 parks were identified. The priority timing of improvements was determined by physical inspections of these parks based on a number of factors including compliance with CSA play space standards. From these inspection findings, the play spaces at Mount Carmel Park and Valour Park have been determined to be the priorities for 2012. As part of the improvement plans, City staff conducted a public consultation process to engage the local park users with the play space improvement project. City Staff held public information centres on August 8, 2012 at Valour Park and August 9, 2012 at Mount Carmel Park. These public information centres provided an opportunity for public to see the proposed project plans and provide feed back on important details of the plans. This October 23, 2012 - 2 - MW- 2012 -49 gave City staff a better understanding of the park use and allowed fora better tailored park design. In addition these meetings gave the public a voice in determining the new playground equipment. Based on comments received from the two public information centres as well as subsequent public comments, City staff developed plans to meet the needs of the park users as well as the long term maintenance of the parks. Refer to attachments #1 and #2 for site plans. ANALYSIS /RATIONALE A tender call was issued for the project on September 18, 2012 with the closing on October 2, 2012. Five (5) bidders responded to the call however two (2) bids were not accepted and read because they did not acknowledge tender Addendum 1 as required. As a result only three (3) compliant bids were received as listed on Attachment #3. Staff completed a thorough review of each compliant bid and found the bid submitted by Stevensville Lawn Service Inc. for the amount of $188,195.00 (excluding HST) was the lowest bid and met all necessary requirements. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The expenditure in this tender was approved with the 2012 Capital Budget for Park Playspace Replacement Program with a program budget of $300,000. At the present time there are no revisions to the budget expenditures or funding sources. This tender represents one part of the overall project and further expenditures will be made. The tendered price is within original forecasts. There are no staffing implications with this project. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. Mount Carmel Park Site Plan 2. Valour Park Site Plan 3. Tender Summary Recommended by: Respectfully submitted: Geoff Holman /David Antonsen Geoff Holman, Director of Municipal Works Ken Tod , Chief Administrative Officer MW- 2012 -49 ATTACHMENT #1 MOUNT CARMEL PARK SITE PLAN MW- 2012 -49 ATTACHMENT #2 VALOUR PARK SITE PLAN Niagaraaalls MW- 2012 -49 Attachment #3 CITY OF NIAGARA FALLS TENDER SUMMARY Contract #2012 - 288 -12 Neighbourhood Park Improvement Project Mount Carmel Park and Valour Park DATE: October 2, 2012 ENGINEER'S ESTIMATE: $190,000.00 CONTRACT TIME: 45 Working Days TENDER DEPOSIT: $10,000.00 $228,022.00 ADDENDUMS ISSUED: 1 FIRM TENDER PRICE CORRECTED BID Alfidome Construction Ltd. 1701 Thorold Townline Rd, RR #2 Niagara Falls, ON L2E 6S5 Phone: 905- 371 -1701 Fax: 905- 371 -1744 $228,022.00 5230,692.00 Steele Contracting 595 Belleview Blvd, P.O. Box 758 Ridgeway, ON LOS 1 NO Phone: 905 -894 -4715 Fax: 905- 894 -5207 - - Touchstone Site Contractors Inc. 650 Allanburg Rd Thorold, ON L2V 1A8 Phone: 905- 685 -3864 Fax: 905 - 685 - 9975 5196,105.00 $196,005.00 Stevensville Lawn Service Inc. 2821 Stevensville Rd Stevensville, ON LOS 1S0 Phone: 905- 382 -3536 Fax: 905 - 382 -3580 $188,905.00 $188,195.00 Peninsula Construction 2055 Kottmeier, Road RR #I Fonthill. ON LOS 1E6 Phone: 905 -892 -2661 Fax: 905- 892 -4692 Did not read. No addendum. - Al Asphalt Maintenance Ltd. 2233 Harold Road Burlington, ON L7P 2J6 Phone: 905 -631 -7308 Fax: 905 -631 -5496 Did not read. No addendum. - Phone: Fax: Phone: Fax: Phone: Fax: Phone: Fax: Phone: Fax: S. I. Capital and Current Projcsts,2012 Contracts 2012- 233 -12 Neighbourhood Park Improvement Projeet\Tender Summary Attachment 43wpd Niagara g1Is REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2012 -50 October 23, 2012 SUBJECT: MW- 2012 -50 Second Avenue from Bridge Street to North End Hamilton Street from Third Avenue to Second Avenue Road Reconstruction and Underground Services Contract #2012 - 249 -11 - Tender Award RECOMMENDATION 1. The contract be awarded to the lowest bidder Provincial Construction Ltd. at the tendered price of $971,584.76. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The City's Municipal Works Infrastructure & Asset Division has determined that Second Avenue from Bridge Street to the north limit and Hamilton Street from Second Avenue to Third Avenue requires major infrastructure replacement and road reconstruction. This includes the construction of storm sewers that will reduce City wide combined sewer overflows and alleviate basement flooding conditions in the immediate area which has been identified in the City's ongoing sewer separation replacement program. In addition, the replacement of the existing 150mm cast iron watermain on Second Avenue is a priority as part of the City's ongoing watermain replacement program. Tenders for this contract were opened on Tuesday, October 2, 2012 and the lowest bid of $971,584.76, received from Provincial Construction Ltd. is being recommended for acceptance. This project was part of the approved 2011 Capital Budget. BACKGROUND The existing watermain and sewer separation on Second Avenue and Hamilton Street were added to the 2007 Operational Works List for the City's ongoing Watermain and sewer separation replacement programs. The existing 150mm cast iron watermain and the existing combined sewer system were constructed in 1889 and has been rated as "Very Poor ". The proposed sewer separation will provide an improved level of service and increase the efficiency of the sewer systems in the area. October 23, 2012 -2- MW- 2012 -50 The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean lorfida, and the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, October 2, 2012 at 1:30 p.m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold. Firm City Tender Price Corrected Bid 1. Provincial Construction Niagara Falls, ON $ 971,586.65 $ 971,584.76 2. Alfidome Construction Niagara Falls, ON $ 1,103,087.00 4. Demar Construction Niagara Falls, ON $ 1,131,904.76 $ 1,131,906.31 6. Peter's Excavating Stevensville, ON $ 1,165,689.00 7. O'Hara Trucking & Excavating St.Catharines, ON $ 1,261,909.00 8. Trenchline and Roads Beamsville, ON $ 1,387,583.00 $1,386,783.00 7. Nexterra Substructures Niagara Falls $ 1,557,912.50 ANALYSIS /RATIONALE The lowest tender was received from Provincial Construction Ltd.. in the amount of $971,584.76. 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 $1,600,000.00. 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 ninety (90) working days of construction start. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2011. The recommended expenditure is for the amount of $971,584.76 from Account# 12-3- 320011- 030000. Funding for this phase of the project will be derived from the following sources: Transfer from Operating Gas Tax Reserve Region of Niagara CSO Program Total Funding CITY'S STRATEGIC COMMITMENT $ 800,000 $ 601,900 $ 200,000 $1,601,900 Implementation of this 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. October 23, 2012 ATTACHMENT 1. Location Plan Recommended by: Respectfully submitted: Chuck McLeod -3- MW- 2012 -50 1 Geoff Holman Direct r of Municipal Works Ken Todd, Chief Administrative Officer MW- 2012 -52 Niagararalls October 23, 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 -52 Street Light Maintenance Contract Extension RECOMMENDATION 1) That Council approve a six -month extension to the existing Street Lighting Maintenance contract, and 2) that the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The current contract extension ends December 31, 2012. Staff is requesting an additional six -month extension for Ground Aerial Maintenance Services Ltd. (G.A.M.S.) to properly prepare the LED Pilot Study report. Staff is confident G.A.M.S. will continue to provide quality service to the City of Niagara Falls as they have for the past 21 years. The results of the pilot study will determine the nature of the maintenance responsibilities of the contractor in the new three -year contract. BACKGROUND On December 12, 2011, Council authorized a one -year extension to the Street Light Maintenance contract to allow staff to complete a pilot study of new LED (and alternative) street lighting technology. The study has been delayed for a number of reasons and will require a further extension for the publishing of the final report which is expected early Spring of next year. ANALYSIS /RATIONALE Results of the LED Pilot Study will impact the terms and specifications in the maintenance contract. The additional six -month extension will provide staff the opportunity to review the LED Study Report and the financial impacts involved. Niagara Peninsula Energy has provided energy consumption data from each site earlier this month. The data is currently being studied and compared to manufacturers projections. October 23, 2012 - 2 - MW- 2012 -52 Since the installation of the energy efficient lights, several manufacturers have brought to our attention that they have made major changes to their product offering, which is to be expected when considering how young the products are as far as life cycle and development are considered. Two products have been identified by staff that should be considered in greater detail. The first is an electronic ballast/bulb offering that has significant energy savings and the other is an induction retrofit offering that utilizes the existing housing. At this early stage it appears both products will offer savings at a fraction of the cost of a LED Luminaire. FINANCIAL /STAFFING /LEGAL IMPLICATIONS This adjustment will be based on the average annual percent increase of the Consumers Price Index for Ontario as prepared by Statistics Canada and will reflect the new prices to be paid to the contractor for that yearly period. The annual cost for the service is approximately $312,500 (2012). CITY'S STRATEGIC COMMITMENT The recommendation satisfies Council's strategic priorities to improve operations effectiveness and effectiveness. LIST OF ATTACHMENTS 1. MW- 2011 -60 Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer NiagarajalIs REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2011 -60 December 12, 2011 The recommendation(s) contained in this report were adopted by City Council SUBJECT: MW- 2011 -60 Street Light Maintenance Contract Extension RECOMMENDATION That Council authorize staff to proceed with a minimum one year extension to Contract 2009 -01, 2009 -2011 Street Light Servicing, City Wide contract to Ground Aerial Maintenance Services Ltd. (GAMS) for a percentage price increase (consumer index) to 2011 rates. EXECUTIVE SUMMARY The current contract ends December 31, 2011. Staff is requesting an extension in order to properly prepare the 2012 -2014 tender. Staff is confident GAMS will continue to provide quality service to the City of Niagara Falls as they have for the past 21 years. BACKGROUND As Council is, aware G.A.M.S. has recently conducted a LED Pilot Study in various location throughout Niagara Falls. Although the study period has concluded, G.A.M.S. has informed the City that meters from Niagara Peninsula Energy Inc., are only capable of holding data for 60 days. G.A.M.S. had assumed the memory of the data was for a great period of time and therefore did not collect the HPS (original Tight) data. G.A.M.S. would like the opportunity to convert the LED street lights back to the original HPS lights and be given sufficient time to collect this data for a conclusion study. As with the LED Pilot Study, the City will continue to post the LED Pilot Study survey on the City's website for additional feedback from our residents. FINANCIAULEGAL IMPLICATIONS This adjustment will be based on the average annual percent increase of the Consumers Price Index for Ontario as prepared by Statistics Canada and will reflect the new prices to be paid to the contractor for that yearly period. It is noted that due to the time difference in obtaining the percent increase, the percent increase will be applied in March and will be retroactive to January of each year. December 12, 2011 Tender price for Contract #2009 -01 -2- MW- 2011 -60 2009 2010 (1.2 %) 2011 (2.4 %) 2012 (2.4% est.) $294,523.20 $298,057.47 $305,210.84 $312,535.90 CITY'S STRATEGIC COMMITMENT The recommendation satisfies Council's strategic priorities to improve infrastructure sustainability. ATTACHMENTS 1. Letter from GAMS dated November 1, 2011 Recommended by: Respectfully submitted: V. Cocciimiglio /G. Holman (,/ Geoff Holman, Director of Municipal Works Ken T dd, Chief Administrative Officer NiagaraaaIls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2012 -53 October 23, 2012 SUBJECT: MW- 2012 -53 Oakwood Drive North Watermain Replacement Contract #2012 - 255 -11 - Tender Award RECOMMENDATION 1. The contract be awarded to the lowest bidder, Peters Excavating, at the tendered price of $485,777.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY City staff completed the design and contract documents for the proposed watermain replacement on Oakwood Drive North. This watermain was identified by our Infrastructure Group as needing replacement. Tenders for this contract were opened on Tuesday October 16, 2012 and the lowest bid of $485,777.00 was received from Peters Excavating and is being recommended for acceptance. BACKGROUND The watermain on Oakwood Drive North has sections that have been rated "Very Poor" and "Fair" by the City's infrastructure Group. There have been several watermain breaks on this main in the last few years. This disrupts the commercial businesses and the nursing homes in the area. Water is supplied to Oakwood Drive North from a connection to the existing watermain on McLeod Road and by a second main that passes under the Queen Elizabeth Way (QEW). In 2011 the watermain under the QEW broke, leaving only a single source of water. Municipal Works staff were able to repair the main as the brake occurred adjacent to the on ramp in the shoulder. If the break had occurred in the travel lanes, the QEW would have to be shut down to make the repair. The existing main on Oakwood Drive North is not sufficiently sized to provide fire flow to the businesses and nursing homes in the area. Given the poor condition of the watermains on Oakwood Drive and under the QEW, if both were to brake, there would be no means of supplying water to Oakwood Drive. It is for these reasons that the watermain has been selected for replacement. October 23, 2012 -2- MW- 2012 -53 The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean lorfida, and the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, October 16, 2012 at 1:30 p.m. for the above noted contract. Tender documents were picked up by twelve (12) Contractors and ten (10) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold. Firm City Tender Price Corrected Bid 1. Peters Excavating Stevensville $485,777.00 2. Provincial Construction Niagara Falls $538,809.59 $538,059.59 3. O'Hara Trucking & Excavating St. Catharines $541,023.00 $544,898.00 4. Alfidome Construction Ltd Niagara Falls $544,570.00 5. Centennial Infrastructure Niagara on the Lake $554,320.00 6. Demar Construction Niagara Falls $562,916.21 $562,912.27 7. Trenchline & Roads Inc Beamsville $574,099.00 $573,598.00 8. Nexterra Substructures Inc Niagara Falls $595,370.00 9. Alfred Beam Excavating Ltd Fort Erie $612,451.00 10. Tectonic Infrastructure Inc. Maple $797,340.62 ANALYSIS /RATIONALE The lowest tender was received from Peters Excavating in the amount of $485,777.00. 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. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2011. The approved budget amount is $585,200. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure sustainability and economic vitality within the City. ATTACHMENT 1. Location Plan Recommended by: Respectfully submitted: Chris Anders Geoff Holman, irector of Municipal Works Ken Todd, Chief Administrative Officer °:• ••••• -e .01 -1 )A Q —J J • en t • J1 • .ri j -I -4' lir' vi _euarHe r - ...., " ' : ' ' • —1 - . ,-. , j .1 i ai -• .1 J1,,,J1 11' .."-11-1-1 1 .4 1 : ' = J a J `e J ■I 4 I , ...■ .4 . .1 fii _. .., , rsj ...8 . 4 1 J. ..i .J 4 , 1 J ' ..1 71. ▪ a 11 Li .. 4 i . . 1 j •/ i - J 4 - I 1 J > ) -.6 • t ...I _:#J J '...) 0 IP ....• J J ., J J .1 J - - tt .1 . • , , J ...J _I '8,40 (1 I*? Si re ....t :. 1 ' 7, _I 4,--1 - J J -i -j J -3 el , a' 1 : .... i ..1 -I _a j -a j -I - I ...) _j -J Jiiii.fil -I . ......1 -1 -1 ..• -J j.1 _... , -• / .1 ,,,, ' .4 CC . -1 .r. _ •,../ tr;j• i J-1 ..i .. .1 J . " -1 j_ .1 J 9-1 .C.) 44 --t, ' . . . e 1 • .:, . .. ld —4 4 —I j .....4 ...._. --..1 ,t4,-;.-Stiefit .i 1 l'"4 11 lij • , L R ; 4/11,P1 — J r J .1 ▪ :0 • / Oakwood Drive North Watermain Replacement NiagaraFalls ca�vna:ti 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 -28 Overnight Parking Policy and Procedure TS- 2012 -28 October 23, 2012 RECOMMENDATION For the information of Council. That the policy and procedures be reviewed. EXECUTIVE SUMMARY The overnight parking bylaw 89 -2000 section 205.01.11 prohibits the parking of motor vehicles on any city street in Niagara Falls between the hours of 2:00 a.m. and 6:00 a.m., year round. The primary reason is to minimize the impact on City services such as street cleaning, snow removal and provide better access to emergency vehicles. For residents experiencing a hardship with parking vehicles off street due to property limitations, an overnight parking permit may be purchased upon approval that includes a site visit. BACKGROUND Overnight parking permits are issued to homeowners that do not have sufficient ability to park all their registered motor vehicles off street at night. The existing Parking and Traffic by -law 89 -2000 sec 205.01.11 prohibits on- street parking between the hours of 2:00 a.m. and 6:00 a.m. throughout the entire year. The purpose of the permit is to provide an alternate parking opportunity to those experiencing parking hardship at their place of residence. The overnight parking permit does not exempt the vehicle from restriction during snow plowing operation events and an alternate parking location must be determined. Process Residents requesting on street parking must apply through an application process. The Information is strictly confidential and the individual must provide proof of residency along with a copy of the vehicle ownership. All documents must contain the correct name and address as written on the application. If neither shows the correct address proof of residency is required through formal lease, utility bill, purchase or sales agreement. October 23, 2012 Process -2- TS- 2012 -28 Residents requesting on street parking must apply through an application process. The Information is strictly confidential and the individual must provide proof of residency along with a copy of the vehicle ownership. All documents must contain the correct name and address as written on the application and if neither shows the correct address proof of residency is required through formal lease, utility bill, purchase or sales agreement. The overnight parking permits are $56.50 (taxes included). A minimum of $25.00 deposit is required at the time of the application. The deposit is only reimbursed if the application is not approved by city staff. Withdrawal of the application results in retention of the deposit. Permits, once approved, are valid for one year from the date of issuance. All information on the application form must be completed before it is processed. The reason for the request must be detailed. All overnight permit applications are subject to an onsite review by staff. The site review consists of measurements, parking sign review, photographs and an inventory of available parking spaces at the subject property. Garages are counted as an official parking space. Often individuals using the garage as storage are granted a one year temporary approval of the on street overnight parking permit on the condition that the garage is cleared and available for parking by the permit renewal date. Vehicles displaying an approved overnight parking permit must be an automobile, van, pickup or other vehicle that is not registered as commercial or recreational. Commercial exemptions are vehicles with permits issued by the Ministry of Transportation stamped with the words "Primary Personal ". Trucks, Buses or any vehicle exceeding 21 feet in length are not allowed under the permit. All vehicles must display valid Ontario licence plate. Recreational vehicles such as boats, snow mobiles, marine crafts, sea -doos, campers, trailers, etc. are not considered a motor vehicle for the purpose of the overnight permit and are not included in the review process. If the residence is located on a roadway with posted parking restrictions an overnight permit will not exempt the existing conditions and alternate parking on a secondary street may need to be utilized. Applicants residing in high density dwellings such as apartment buildings, condominiums, town homes must submit with the completed application form, in writing on official company letterhead a letter from the property manager stating that there is no space available to park the applicants vehicle on property at night. Enforcement Enforcement of the overnight bylaw is presented under two stages of priority. Primary and secondary levels of patrol are based entirely on operational needs of City services. October 23, 2012 -3- TS- 2012 -28 The Bylaw is in effect year round and the Primary level of enforcement is applied on a nightly basis between November 15th and April 15th of each year. The Secondary level of enforcement occurs during April 16" to November 14' time period where enforcement levels are reduced as service frequency and needs reduce. Officers only respond to public complaints during this time frame. When enforcing an overnight parking complaint, the officer will apply the bylaw to the length of the block equally and not target one single vehicle. Prior to issuing a parking infraction ticket, Officers are instructed to provide warning tickets to residents found parking on- street overnight for the first offence. Officers have issued on average 600 warning tickets annually to motorists prior to issuing parking fines. ANALYSIS /RATIONALE Reducing the number of parked vehicles on street, overnight, increases the ability of the unobstructed passage of emergency vehicles, allows for nighttime street maintenance activities, unobstructed snow removal and the unobstructed security and surveillance opportunities for the Police with not having to search between parked vehicles in the dark, during the investigation of criminal activities in residential areas. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Restriction of the overnight parking condition minimizes the number of vehicles that services have to address. Increased vehicles create concerns by the residents that roads are not properly plowed or cleaned and staffing cost increase due to secondary passes. Permits generate on average $6000.00 in revenue per year. Parking infractions issued for overnight parking violations total approximately $75,000.00 annually Recommended by: Respectfully submitted: P. Brown Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Niagara, ails REPORT TO: SUBMITTED BY: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department SUBJECT: TS- 2012 -27 - Dixon Street Update to Parking and Traffic By -law 89 -2000 TS- 2012 -27 October 23, 2012 RECOMMENDATION That Parking and Traffic Bylaw 89 -2000 be amended in conjunction with the closure of a portion of Dixon Street and its upcoming road reconstruction to: 1) remove the stop sign facing southbound motorists on Allendale Avenue at Dixon Street 2) remove the stop sign facing northbound motorists on Cleveland Avenue at Dixon Street 3) remove the stopping prohibition, tow away zone on both sides of Dixon Street between Allendale Avenue and Cleveland Avenue. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89 -2000 needs to be amended to reflect appropriate traffic controls as a result of the reconstruction of Dixon Street between Allendale Avenue and Cleveland Avenue. BACKGROUND The Dixon Street construction project is a final component of the recommendations of the Main Street EA. The road realignment is currently underway with an expected completion by the end of October. Upon the completion of the construction, traffic control devices that are currently in place will no longer be required due to the realignment of the road. In particular stop signs which are currently in place at Allendale Avenue and Dixon Street and at Cleveland Avenue and Dixon Street will no longer be required. Furthermore, the stopping prohibition on both sides of Dixon Street between Allendale Avenue and Cleveland Avenue will not be needed due to the closure of this portion of Dixon Street. ANALYSIS /RATIONALE With the permanent closure of one -block of Dixon Street between Allendale Avenue and Cleveland Avenue, a stopping restriction that extends between these two limits needs to be removed from the bylaw in addition to the stop sign on the stem of the two intersections. October 23, 2012 —2— TS- 2012 -27 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation and removal of the signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2012 General Purposes Budget. Cost studies estimate that the cost to install and remove the signs is approximately $1000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Area drawing. Recommended by: Respectfully submitted: M. Carrick Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer ff# Niagara, r Its 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 -36 2011 Motor Vehicle Collision Report TS- 2012 -36 October 23, 2012 RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY This report is a summary of reportable motor vehicle collisions that occurred in 2011 on roadways under the jurisdiction of the City of Niagara Falls. Traffic collisions that occurred on Regional roads (such as Lundy's Lane, Montrose Road, etc.), Provincial roads (Highway 420, Queen Elizabeth Way, etc.), Federal roads (Rainbow Bridge, etc.), Niagara Parks Commission roads (Niagara Parkway, etc.) and on private property are not included in the analysis. This report also provides an analysis and recommended corrective measures for five intersections and mid -block locations that experienced the highest collision rates where at least three motor vehicle collisions had occurred. BACKGROUND The 2011 Motor Vehicle Collision Report is the fourth annual report to be prepared by the Transportation Services Department. Information for this report is derived from Provincial Traffic Accident Reports, which are investigated by, or reported to the Niagara Regional Police Service. ANALYSIS /RATIONALE Since 2007 (5 year period), the City of Niagara Falls has had a 20.9% decrease (or 203 less incidents) in the amount of motor vehicle collisions that have been reported on the roads and intersections which the City owns and maintains. The Ministry of Transportation publishes an annual report summarizing collision data for all motor vehicle collision reports throughout the province, regardless on what jurisdiction it occurred on. The most recent edition of the report is for the year 2009. Comparing provincial statistics between 2007 and 2009, there has been a 7.4% decrease (or 17,172 less collisions in 2009 than two years previously) in the amount of collisions within Ontario. The calculation of collision rates is a quantitative measure that takes into consideration the number of collisions occurring at an intersection or road section relative to the traffic volume. Although this is an acceptable method of calculation, high collision rates are October 23, 2012 -2- TS- 2012 -36 obtained on low volume roads where even only one collision has occurred. Therefore, data may suggest that mitigating measures are required on this type of road, where a collision pattern is not evident due to a singular event, as opposed to a high volume road with multiple collisions whereby a pattern of collisions can develop. Therefore, as per practice, locations that have experienced at least three motor vehicle collisions were rated, ranked and analysed to acquire the top five intersections and road segments which were analysed in depth for remedial measures to reduce the future collision occurrence. The following recommended improvements, anticipated time frames and the cost for improvements for each of the top five intersections and mid - blocks are summarized below: Intersection /mid block Mitiaatina Measure Improvement Date Cost Beaverdams Rd © Beechwood Rd no collisions since all -way stop control was installed - monitor n/a $0 Dorchester Rd @ Dunn St no history of a collision pattern - monitor n/a $0 Portage Rd @ North St branch trimming in southbound direction, primary signal head, street name signs missing August 2012 $800 Portage Rd @ Valley Way no predominant pattern - monitor n/a $0 Portage Rd /St Paul St @ O'Neil St branch trimming in eastbound direction, secondary signal head September 2012 $0 Paddock Trail Dr between Aintree Dr and Woodbine St branch trimming in northbound direction, stop sign August 2012 $0 Clark Ave between Ferry St and Robinson St street name sign missing, stop sign to be replaced October 2012 $300 Main St between Ferry St and Peer St no predominant pattern - monitor street name signs missing October 2012 $200 Kalar Rd between Catalina St and Lundy's Ln no history of collision pattern - monitor n/a $0 Clifton Hill between Oneida Ln and Falls Ave no predominant pattern - monitor n/a $0 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The financial implication of $1,300 to implement the improvements has been included in the 2012 Operating Budget for sign improvements. October 23, 2012 -3- TS- 2012 -36 LIST OF ATTACHMENTS 2011 Motor Vehicle Collision Report - Available on request. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: TS- 2012 -37 October 23, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services TS- 2012 -37 RFT09 -2012 Tender for Supply of Services for Snow Plowing of Municipal Properties- Contract RECOMMENDATIONS 1. That Total Land Care Services be awarded the contract for the supply of services for snow plowing of parking lots designated in Area 1; 2. That Sacco Construction be awarded the contract for the supply of services for snow plowing of parking lots designated in Area 2; 3. That Ken Warden Construction be awarded the contract for the supply of services for snow ploughing of parking Tots designated in Area 3; 4. That the City enter into agreements with the successful bidders for the salting /sanding and snow ploughing of municipal parking for a 3 -year term, from 2012 -2015 in accordance with tenders RFT09 -2012. 6. That the Mayor and City Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY The tender for plowing services for municipal properties including arena lots, City parking Tots, Museum properties and fire halls for term of three years. Seven bids were received and opened on October 16' 2012. The Tender allowed each bidder the option to bid on one or multiple areas. Staff recommend the contract be to awarded to the lowest bidder of each area. BACKGROUND In the presence of the Deputy Clerk, and Manager of Supply and Services tenders for the Supply of Materials and Services for snow plowing, were opened on Tuesday, October 16, 2012. The tender was issued for a three -year period each and each contract is for a three - year period covering the winter seasons of 2012 -2013, 2013 -2014 and 2014 -2015. October 23, 2012 -2- TS- 2012 -37 Seven bids were received for snow plowing of lots for Area 1, Area 2 and Area 3. All of the bids were submitted by local firms. Shown below is a summary of the tendered rates for each of the designated areas. Snow Plowing of Lots: 2012-2013 20132014 20142015 Total D &R Lawn Service area 1 $1,298.20 $1,298.20 $1,324.17 $3,920.57 & area2 $2,097.10 $2,097.10 $2,139.03 $6,333.23 Landscaping area 3 0 0 0 did not bid Griffin landscaping area 1 $ 1,791.63 $ 1,791.63 $ 1,791.63 $ 5,374.89 area 2 $ 2,293.90 $ 2,293.90 $ 2,293.90 $ 6,881.70 area 3 $ 2,282.04 $ 2,282.04 $ 2,282.04 $ 6,846.12 Innerunion area 1 $ 2,452.10 $ 2,452.10 $ 2,452.10 $ 7,356.30 landscaping area 2 $ 2,406.90 $ 2,406.90 $ 2,406.90 $ 7,220.70 area 3 $ 1,887.10 $ 1,887.10 $ 1,887.10 $ 5.661.30 Ken Warden area 1 0 0 0 did not bid construction area 2 $ 1,450.92 $ 1,418.15 $ 1,386.51 $ 4,255.58 area 3 $ 1,002.31 $ 979.71 $ 955.98 $ 2,938.00 Montgomery area 1 $ 1,491.60 $ 1,536.40 $ 1,590.36 $ 4,618.36 Brothers area 2 $ 2,395.60 $ 2,475.27 $ 2,549.56 $ 7,420.43 area 3 $ 1,780.88 $ 1,834.16 $ 1,897.80 $ 5,512.84 Sacco area 1 $ 977.45 $ 977.45 $ 977.45 $ 2,932.35 Costruction area 2 $ 1,350.92 $ 1,350.92 $ 1,350.92 $ 4,052.76 area 3 $ 1,962.81 $ 1,962.81 $ 1,962.81 $ 5,888.43 Total Land Care area 1 $ 892.70 $ 910.55 $ 910.55 $ 2,713.80 Services area 2 $ 1,389.90 $ 1,417.70 $ 1,417.70 $ 4,225.30 area 3 $ 1,062.20 $ 1,083.44 $ 1,083.44 $ 3,229.08 Total Land Care Services provided the lowest tendered rate in Area 1 Sacco Construction provided the lowest tendered rate in Area 2 Warden Construction provided the lowest tendered rate in Area 3 Therefore it is recommended that each be awarded an area based on lowest bid submitted. FINANCIAL Appropriate funds are allocated in the 2013 budget based on actual values from 2010 - 2011 snow fall season. October 23, 2012 STRATEGIC PRIORITIES -3- TS- 2012 -37 To maintain the city standards of safety and operational needs. Recommended by: Respectfully submitted: P. Brown Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to rezone a portion of the Lands General Commercial, permit required parking for any uses on the Lands to be provided anywhere on the Lands, and to repeal By -law No. 2003 -88. 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 regulations shall be the regulations governing the permitted uses on and of the Lands. 4. The regulations governing the permitted uses shall be: (a) Location of parking required parking may be provided anywhere on the Lands (b) The balance of the regulations specified for a GC use 5. 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. 6. No person shall use the Lands for a use that is not a permitted use. 7. No person shall use the Lands in a manner that is contrary to the regulations. 8. The provisions of this By -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R2 to GC, in part, numbering the Lands 968, in part, and renumbering the Lands from 617 to 968, in part. 9. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.968 Refer to By -law No. 2012- -2- 10. By -law No. 2003 -88 is repealed. Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 S:\ZONING\AMS\2011 \By- laws \Byam017.wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land %% Amending Zoning By -law No. 79 -200 Description: Private Alley PI 267 Village of Niagara Falls; Pt Lt 1 PI 267 Village of Niagara Falls As In R0205877; S/T Interest In NF48058, If Any; S/T Interest In R0681387, If Any; S/T The Rights Of Adjoining Parcels, If Any Under R0408078; Pt Lt I PI 267 Village Of Niagara Falls As In R0503118; Pt Lts 28, 29 & I PI 267 Village Of Niagara Falls Being Pt 1 On 59R12162; Niagara Falls Pt Lt 28 PI 267 Village Of Niagara Falls Pt 2, 59R12162; Niagara Falls Lt ] PI 267 Village Of Niagara Falls; T/W R0716977; Pt Lts 27 & 28 PI 267 Village Of Niagara Falls Being Pt 3 On 59R12162; S/T R0688469; Niagara Falls Pt Lt H PI 267 Village Of Niagara Falls; Pt Lt 14 E/S Portage Rd, S Of Peer PI 653 Abstracted As Blk 14 Village Of Niagara Falls As In R0339418, S/T BB5756, T/W R0339418; Niagara Falls Lt 15 PI 267 Village Of Niagara Falls; Pt Lt 14 E/S Portage Rd, S Of Peer PI 653 Abstracted As Blk 14 Village Of Niagara Falls Parts 1 & 2 59R6017, S/T R0710380; Niagara Falls Pt Lt 14 E/S Portage Rd, S Of Peer PI 653 Abstracted As Blk 14 Village Of Niagara Falls; Pt Lt F PI 267 Village Of Niagara Falls As In NF56053; Niagara Falls Applicant: Ed and Ruth -Ann Nieuwesteeg Assessment #: 272507000204000; 272507000208300; 272507000203900; 272507000203910 K: \GIS_Requests \2011\ Schedule \ZoningAM \AM- 17 \mapping.map AM- 2011 -017 September 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Lot J, Registered Plan 267 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 1885; AND WHEREAS to facilitate the legal merger of the said land with other lands 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 a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lot J, Registered Plan 267 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 -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 S:\DEEMING BY- LAW\DB- 2012 -004, 6062 -6076 Main St\Deeming Bylaw .wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to permit the existing building to be converted to a dwelling containing up to 3 dwelling units. 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) A dwelling containing up to 3 dwelling units (b) A home occupation in a dwelling unit (c) Accessory buildings and accessory structures 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 18 metres (b) Minimum lot area 620 square metres (c) Minimum interior side yard 1.4 metres width (d) Minimum exterior side yard width (i) for the building 2.5 metres (ii) for an uncovered porch 0.7 metres attached to the building -2- (e) Maximum lot area for driveway and parking area in the rear yard 160 square metres (f) Fencing requirements a 1.8 metre tall wood privacy fence shall be provided 17.5 metres along the north lot line, and 16.2 metres along the east lot line, both extending west and south, respectively, from the northeast corner of the Lands (g) Home occupation subject to the provisions of section 5.5 of By -law No. 79 -200 (h) Accessory buildings and subject to the provisions of sections 4.13 accessory structures and 4.14 of By -law No. 79 -200 (i) The balance of the regulations specified for an R3 use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. 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 for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. 10. The provisions of this By -law shall be shown on Sheet C2 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R1C to R3(H) and numbered 969. -3- 11. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.969 Refer to By -law No. 2012- Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 S:\ ZONING \AMS\2012\By- Iaws\Byam009. wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: LT 154, PL 163, STAMFORD; NIAGARA FALLS Applicant: Avondale Food Stores Limited Assessment #: 272504001005900 K:\GIS_Requests\2012\Schedule\ZoningAM\AM-09\mapping.map N s 1: NTS AM- 2012 -009 September 2012 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited. Angle Parking, Speed Limits on Highways - (Part 2 - 60 km /h), Speed Limits on Highways - Part 4 - 80 km /h), Prohibited Turns) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Ethel Street & Andrea Drive /Sherri Avenue Northbound on Sherri Drive Ethel Street & Andrea Drive /Sherri Avenue Southbound on Andrea Drive (2) by removing from the specified columns of Schedule R thereto the following item: PROHIBITED TURNS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Victoria Avenue At Bender Street Northbound Anytime on Red Signal At All Times (3) by adding to the specified columns of Schedule C thereto the following items: -2- PARKING PROHIBITED COLUMN 1 HIGHWAY Front Street Front Street Front Street (4) COLUMN 2 SIDE Northwest Southeast Southeast COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS Portage Road and Norton Street Portage Road and a point 40 metes southwest of Portage Road A point 60 metres southwest of Portage Road and Norton Street Monday to Friday Monday to Friday Monday to Friday by adding to the specified columns of Schedule F thereto the following item: ANGLE PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN Front Street Southeast A point 40 metres southwest of Portage Road and a point 60 metres southwest of Portage Road (5) by removing from the specified columns of Schedule W4 thereto the following items: SPEED LIMITS ON HIGHWAYS - (PART 4 - 80KM /HR) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED Brown Road Kalar Road Town Line Road(between Niagara Falls/Thorold) 80 and Montrose Road Chippawa Creek Road and McLeod Road 80 (6) by adding to the specified columns of Schedule W2 thereto the following items: SPEED LIMITS ON HIGHWAYS - (PART 2 - 60KM /HR) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED Brown Road Thorold Town Line Road and Montrose Road 60 Kalar Road Chippawa Creek Road and McLeod Road 60 -3 - This By -law shall come into force when the appropriate signs are installed or removed Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with the Circle of Friends respecting the Adopt -A- Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated October 23, 2012 and made between the Circle of Friends as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Program public service program for volunteers to be responsible for litter pick up, weed pulling. etc.. specifically on Longhurst Avenue, between Thorold Stone Road and Sheldon 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 third day of October, in the year 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 THIS AGREEMENT made this 23`d day of October, A.D., 2012. BETWEEN: Circle of Friends Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City ", of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and/or Trail to be adopted by the Volunteers. 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 1 5. 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 thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) 1',W ) Name: Dianne Lighthea% vl ) ) iM ii7V (let ) Name: Aliso i Jacklin ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name: ) SCHEDULE "A" to an Agreement dated the 23`d day of October, A.D., 2012 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Longhurst Avenue - from Thorold Stone Road to Sheldon Street hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his/her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S- Park in the City'Adopt A - Programs Agreements,2012`2012 Circle of Friends`Adopt -A- Program Agreement - Circle of Friends.wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to to authorize certain capital works of The Corporation of the City of Niagara Falls ( The "Municipality); to authorize the submission of an application to the Ontario Infrastructure projects Corporation ( "OIPC ") for financing such works and certain other ongoing works to authorize temporary borrowing from OIPC to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of-Niagara ( The "Upper -Tier Municipality ") to OIPC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the -Act ") provides that a municipal power shall be exercised by by -law unless the municipality is specifically authorized to do otherwise; AND WHEREAS it is now deemed to be expedient to authorize for the municipal purposes of the Lower -tier Municipality the new capital works described in column (2) of Schedule "A" (individually a "Project ", collectively the "Projects ") attached hereto and forming part of this By- law ("Schedule "A ") in the amount of the respective estimated expenditure set out in column (3) of Schedule "A ", subject in each case to approval by OIPC of the financing for such Projects that will be requested by the Lower -tier Municipality in the Application as hereinafter described; AND WHEREAS before the Council of the Lower -tier Municipality approved each Project, in accordance with section 4 of Ontario Regulation 403/02, the Council of the Lower -tier Municipality had its Treasurer update its most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the "Prior Updated Limit "), and, on the basis of the authorized expenditure for each Project as set out in column (3) of Schedule "A- (referred to hereinafter as the '`Authorized Expenditure" for each such Project) the Treasurer calculated the estimated annual amount payable in respect of each Project and determined that the estimated annual amount payable in respect of each Project does not exceed the Prior Updated Limit, and accordingly the approval of the Ontario Municipal Board under the Ontario Municipal Board Act (Ontario), as amended, was not required before any such Project was authorized by Council; AND WHEREAS subsection 405(1) of the Act provides that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, (a) the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work: (b) the municipality is a lower -tier municipality in a regional municipality and it has approved the work and the upper -tier municipality has approved the issue of debentures for the work; or ( c) the municipality has approved the issue of-debentures for another municipality or a school board under section 404; -2 AND WHEREAS subsection 403(1) of the Act provides that a by -law of an upper -tier municipality authorizing the issuing of debentures for the purposes or joint purposes of one or more of its lower - tier municipalities may require those lower -tier municipalities to make payments in each year to the upper -tier municipality in the amounts and on the dates specified in the by -law; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS subsection 401(3) of the Act provides that a lower -tier municipality in a regional municipality does not have the power to issue debentures and accordingly the Lower -tier Municipality intends that the Upper -tier Municipality will issue debentures in respect of the Projects and will request that the Upper -tier Municipality do so; AND WHEREAS the Act also provides that a municipality shall authorize long term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act and subsection 403(7) of the Act provides that all debentures issued under a by -law passed by an upper - tier municipality under section 403 are direct, joint and several obligations of the upper -tier municipality and its lower -tier municipalities; AND WHEREAS OIPC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred after December 31, 2003 in connection with eligible capital projects to make application to OIPC for such financing by completing and submitting an application in the form provided by OIPC (the "Application "); AND WHEREAS the Lower -tier Municipality requested the Upper -tier Municipality to issue debentures for the Projects and in this connection the Upper -tier Municipality and the Lower -tier Municipality submitted an application (hereinafter the "Application ") to OIPC to request financing in order to meet capital expenditures incurred after December 31, 2003 in connection with the Projects (the "Project Expenditures ") by way of long term borrowing pursuant to section 403 of the Act through the issue of debentures to OIPC and by way of temporary borrowing pursuant to section 405 of the Act; AND WHEREAS OIPC has accepted and has approved such Application; AND WHEREAS the Upper -tier Municipality has agreed to issue debentures for the Projects to OIPC in the maximum aggregate principal amount of $2,032,019 (the "Debentures "); and OIPC has indicated that pending the issue of the Debentures it will provide financing by way of temporary advances to the Lower -tier Municipality in respect of the Projects; AND WHEREAS the Lower -tier Municipality will enter into a financing agreement with OIPC pursuant to the terms of which OIPC will provide temporary advances to the Lower -tier Municipality in respect of the Projects; 3 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Council of the Lower -tier Municipality hereby authorizes the completion by the City Clerk / Treasurer of the Application and the submission by such authorized official of the Application, to OIPC, in cooperation with the Upper -tier Municipality, for the financing of the Projects by way of temporary borrowing from OIPC, pending the issue of Debentures. in the maximum aggregate principal amount of $2,032,019 as described in Schedule `'A'", with such changes thereon as such authorized official approved. 2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into. execute and deliver for and on behalf of the Lower -tier Municipality a financing agreement (a "Financing Agreement ") with OIPC that provides for temporary borrowing from OIPC in respect of the Projects on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Mayor and /or the Treasurer are hereby authorized, pending the substantial completion of a Project or as otherwise agreed with OIPC, to make temporary borrowings pursuant to section 405 of the Act in respect of such Project, on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree, and to sign such evidence of indebtedness as OIPC may require (a "Note-): and the Treasurer is authorized to sign such certifications as OIPC may require in connection with such borrowings in respect of the Projects; provided that the amount of borrowings allocated to any Project does not exceed the Authorized Expenditure for such Project and does not exceed the loan amount set out in column (4) of Schedule "A" in respect of such Project and does not exceed the loan amount set out in column (4) of Schedule A" in respect of such Project as appropriate. 4. In accordance with the provisions of section 18 of the Ontario Infrastructure Projects Corporation Act, 2006 (Ontario), as security for the payment by the Lower -tier Municipality of any indebtedness of the Lower -tier Municipality to OIPC incurred under the Note, and as security for the payment by the Lower -tier Municipality of any indebtedness of the Lower - tier Municipality to the Upper -tier Municipality in respect of Debentures issued for any Projects, the Lower -tier Municipality is hereby authorized to agree in writing with OIPC that the Minister of Finance is entitled to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Lower -tier Municipality, or from money appropriated by the Assembly for payment to the Lower -tier Municipality in respect of specified matters, amounts not exceeding the amounts that the Lower -tier Municipality fails to pay to OIPC on account of the outstanding indebtedness evidenced by the Note issued by the Lower -tier Municipality to OIPC and on account of the outstanding indebtedness evidenced by Debentures issued by the Upper -tier Municipality to OIPC for any Projects. and to pay such amounts to OIPC. 5. For the purposes of meeting the obligations of the Lower -tier Municipality in respect of the Note and any Debentures issued by the Upper -tier Municipality to OIPC for any Projects. the Lower -tier Municipality shall provide for raising in each year as part of the general lower - tier levy the amounts of principal and interest payable in each year under the Note or any 4 such Debentures, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by -law of any municipality. 6. (a) The Mayor and /or the Treasurer are hereby authorized to execute and deliver the Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, the City Clerk and Treasurer are hereby severally authorized to generally do all things and to execute all other documents and papers in the name of the Lower -tier Municipality in order to perform the obligations of the Lower -tier Municipality under the Financing Agreement and the Note, and the Treasurer is authorized to affix the Lower -tier Municipality's municipal seal to any such documents and papers. (b) The proceeds realized in respect of the Note after providing for the expenses related to its execution and delivery, if any, shall be apportioned and applied to the respective Projects and to no other purpose except as permitted by the Act. 7. This By -law takes effect on the day of passing. Passed this 23`d day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012 Lill Project Number Schedule "A" to By -Law Number • (OIPC Projects) Description of Capital Work Lundy's Lane Museum Expansion Estimated Expenditure Loan Amount $11,530,376 $2,032,019 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of a Licence Renewal Agreement with Her Majesty The Queen In Right Of Ontario, as represented by The Minister Of Infrastructure, respecting the use of a portion of its lands for parking and recreational purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Renewal Agreement made between Her Majesty The Queen In Right Of Ontario, as represented by The Minister Of Infrastructure as Licensor, and The Corporation of the City of Niagara Falls as Licencee, respecting the use of Part of Lot 56, Part of Lots 9 and 10 on Plan 194 and Part 2 on Reference Plan 59R -1568 comprising of a total area of approximatley 2.237 acres for parking purposes and 0.633 acres for recreational purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Renewal Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal Agreement. Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012. October 23, 2012. October 23, 2012. City of Niagara Falls Niagara Falls 632.1 - 537 LICENCE RENEWAL AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor ") - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Licensee ") WHEREAS: A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by The Minister of Infrastructure entered into a Licence Agreement with the Licensee, dated 26`f' of February 2008 (the "Licence Agreement "), regarding certain lands located in the City of Niagara Falls, formerly Township of Stamford, Regional Municipality of Niagara, described as Part of Lot 56, Part of Lots 9 and 10 on Plan 194 and Part 2 Plan 59R1568, comprising a total area of approximately 2.87 acres, being 2.237 acres for the purpose of parking roadworthy vehicles only and approximately 0 63 acres for recreational purposes only (the "Licence Lands "); B. The Minister of Infrastructure is responsible for real property pursuant to the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27; C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent of the Minister of Infrastructure with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and the Licensee agree as follows: 1. The Licence Agreement is hereby renewed, subject to the terms set out below. 2. "Licensor" shall mean Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure 3. The Tenn of the Licence Agreement shall be five (5) years, commencing on the l' day of January, 2013. 2 4. The Licensee shall pay to the Licensor a Licence Fee in the sum of Eight Thousand Seven Hundred Sixty -Six dollars ($8766.00), plus all applicable taxes, payable in advance on the first day of January every year during the renewed Term. 5. The Licensee shall pay to the Licensor an amount equal to Seventy -Five percent (75 %) of the annual realty taxes or grants and /or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 6. The current Pre - Payment Authorization Agreement between the Licensor and the Licensee respecting the License Agreement shall be deemed to be amended to apply to the License Agreement as renewed herein and it shall automatically authorize the Licensor to debit the Licensee's bank account for the increased amount of the Licence Fee set out in section 4 above, for all increased payments payable from time to time under section 5 above and for any other payments that might be agreed upon in writing by the Licensor and the Licensee from time to time. 7. The Licensor's address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 2L5 Attention: Patrick Grace — General Manager, Corridor Lands Telephone: (416) 327 -2959 Telecopier: (416) 327 -3942 8. All terms which are defined in the Licence Agreement shall have the same meaning when used in this Licence Renewal Agreement unless they are amended herein. 9. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of the Licence Agreement shall apply to the renewed Term and shall be binding upon and enure to the benefit of the Licensor and the Licensee. 3 IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 2012. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: James M. Diodati Title: Mayor Per: Name: Title: Dean Iorfida City Clerk 1/We have authority to bind the Corporation Signed by the Licensor at this day of 2012, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: I have authority to bind the Corporation Parking Licence 632.1 -537 Niagara Falls Kerr Park �j Area of Licence jL�.`.•] Maintenance Area Vehicle Parking I I CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to levy costs incurred to construct the Union Marsh Drain WHEREAS the Council of the City of Niagara Falls gave two (2) readings to by -law 2007 -174, a by -law to provide drainage works in the city of Niagara Falls, related to the Union Marsh Drain; and WHEREAS no appeals to the Court of Revision were received and By -law 2007 -174 was given a third reading and passed on November 26, 2007; and WHEREAS a previous Council decision was to levy costs only to public entities, and not private land owners; and WHEREAS since all costs related to the administration, design and construction have been assessed in the amended Final Engineers Report, dated March 31, 2012, it is now appropriate to pass the bylaw authorizing the assessment of these costs in accordance with the report which reflects Council's direction and landowners' petitions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The amount being assessed to public entity owners of land and road allowances in the City of Niagara Falls, in the Regional Municipality of Niagara, based on the frontage for each affected or benefiting lots or road allowances abutting or near the Union Marsh Drainage works, as set out in Attachment "A ", is hereby adopted. Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012. October 23, 2012. October 23, 2012. Schedule A Schedule for Actual Cost By -law Union Marsh Drain Con Lot Roll No. (2725 - 13000 -) Owner Assessment Net ($) Lands Assessment 1 18 209400 Niagara Parks Commission 2,243.50 1 17,18 209600 Niagara Parks Commission 2,043.50 11 9 218600 Trans Canada Pipeline Ltd 6,726.96 V 10 404800 Transportation Ministry 15.92 V,VI 5,6 416700 Niagara Peninsula Conservation 1,140.81 1 17,18 494000 Canadian Niagara Power 454.96 Roads Assessment QEW Sodom Road MTO Regional Road 116 19,932.00 11,367.00 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the payment of $23,738,965.98 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 August 23, 2012 to October 3, 2012 Passed this twenty -third day of October 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR. First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 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 23`d day of October, 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 23`d day of October, 2012 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law. except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -third day of October, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 23, 2012 October 23, 2012 October 23, 2012